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ùÛÇÉ×ÅÛÃèÊÛÓÐ ûòÍ×äää øÓïÛÕÕÓÍ éÌÍÊÈÉ ùÍÏÌÐ×Ä ûùÍÇÊÈÎ×Ãää ùÛÏÌÚ×ÐÐ ùÛÇÉ×ÅÛÃ ûêÇÈÔäää ÷ÙÑ×ÊØôÛÐÐ ú ää éÈÍÊÏÅÛÈ×Ê ùÍÊÊÓØÍÊÉ ú ê×ÙÊ×ÛÈÓÍÎäúê×Æ×ÊÉ×ä ù×ÎÈ×ÊÉíÉÏÍÉÓÉ ù ðÓÚÊÛÊÓ×Éäù ä î×ÓÕÔÚÍÊÔÍÍØ ìÛÊÑÉ ùöÓÊ×ä éÈÛÈÓÍÎÉ ø ôÛÊÚÍÊÆÓ×Åäø äøéÈÛÈÓÍÎä øÓÉÈÊÓÙÈéËÇÛÊ× øú×ÛÙÔä ìÊÍÏ×ÎÛØ× ì Public art can serve as a landmark and gathering place at large sports centers such as the Joe DiMaggio Sports Complex (All). Attachment number 1 Page 63 of 147 ACTION PLAN Item # 34 Attachment number 1 Page 64 of 147 ACTION PLAN Clearwater's Public Art and Design program should hit the ground running. The program should aim for some quick wins - art projects that are at the same time simple to execute but dramatic in the statement they can make about the City's commitment to public art. This action plan outlines doable, impactful projects that can be commissioned and completed in the first few years of the plans, and suggests how the program can begin laying groundwork for longer-term projects. FY 2007 and FY2008 - Start-up Actions / / Do it Now! The program should start by commissioning art with the following Capital Improvement Program projects, which are currently funded. And it should take the first discretionary funding it receives and use it to commission the initiatives described in this section. CIP Proiects The following art projects can proceed in conjunction with the planning, design and construction of projects in the City's current CIP. . Ai7. Joe DiMaggio Sports Complex. Continue discussion with Parks and Recreation about status of master plan and schedule for design, engineering and construction. Identify opportunities and develop Call for Artists. . 83. Recreation Centers (Morningside). Initiate discussion with Parks and Recreation about the design, engineering and construction schedule for the replacement of the Morningside Recreation Center. Identify opportunities and develop Call for Artists. . 82. City Trails. Initiate discussion with Parks and Public Works about the design, engineering and construction schedule for trail projects, and opportunities for developing one nodal project in FY 2008 in conjunction with the Druid Trail. . Ci. Fire Stations (Station 48 Renovation and Expansion). Initiate discussion with the Fire Department about the design, engineering and construction schedule for the replacement of the Station 48. Identify opportunities and develop Call for Artists. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #134 Attachment number 1 Page 65 of 147 Special Initiative Projects While the Public Art Master Plan will be a first tool in describing to developers and funders the opportunities they can support through contributions to the Discretionary Fund, the Public Art and Design Program should also a prepare a detailed prospectus or draft Call for Artists for each project that would be initiated immediately. This work would allow for staff to begin necessary coordination with project partners and for the Call to Artists to be issued as soon as funds are available. In anticipation of receiving money for the Public Art Fund, initiate these projects: . A14. Cleveland Street Medians. Identify external funding for the commissioning of new sculptures for medians. When funding is identified, issue Call for Artists and manage installation of project. . A9. Walking Streets. Work with downtown stakeholders to generate interest in ad hoc or organized temporary sculpture exhibition. Develop a detailed prospectus or draft Call for Artists for FY 2008. . A4. Beach Interpretive Project. Develop a detailed prospectus or draft Call for Artists. FY 2009 and FY 2010 - Short-Term Actions / / Do it Next! CIP Projects Several of the CIP projects below will be coming on-line in the near term, and whether or not they are developed within this timeframe, planning should begin soon. . A7. Downtown Boat Slips. Initiate discussion with the Marina Department about the design, engineering and construction schedule for the downtown docks and boat slips. Identify opportunities and develop appropriate Call for Artists, or include an artist on the design team. . A10. New City Hall. Request that forthcoming RFP for study of City-County complex include a component with public art recommendations. Recommend that the RFP call for the planning team to include an public art planning consultant, or that the scope of work involve consultation with Public Art and Design staff from the City and the County. . AS. Memorial Causeway Trail. Monitor planning process. Identify opportunities and develop appropriate Call for Artists, or require that design team include an artist. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #:.B4 Attachment number 1 Page 66 of 147 . B4. Reverse Osmosis Plant. Initiate conversation with Public Works about scope of project, agency mission, and planning-design-construction schedule. Special Initiative Projects The program's ability to commission these projects will depend on its ability to attract additional developer contributions to its Discretionary Fund, or other types of donations. Depending on the flow of discretionary funding, the Public Art and Design program should seek to initiate these projects in 2009 or 2010. . A3. Downtown Library. Initiate discussion with appropriate stakeholders at the Library about the potential for locating public art within and adjacent to the building. Develop protocol for determining project opportunities. . A13. Clearwater Beach. Develop Call for Artists first beach project. FY 2011 to FY 2020 - Long-Term Actions / / Do it When the Time is Right/ / Penny 3 CIP Projects Long-term CIP projects are generally those that will be funded through Penny 3 and occur between 2011 and 2020. Public Art and Design staff should monitor the progress of these projects so that artists can be involved at the most appropriate time. . A6. Coachman Park. Monitor planning process. Recommend consideration of public art opportunities at all phases of planning and design. Identify opportunities and develop appropriate Call for Artists, or include an artist on the design team. . A13. City Office Buildings. Monitor planning for new City office buildings. Recommend consideration of public art opportunities at all phases of planning and design. Identify opportunities and develop appropriate Call for Artists, or include an artist on the design team. . A11. Downtown Parking. Monitor planning for this project. Identify approach to public art that will meet the goals stated in the plan. Issue Call for Artists and manage installation of project. . A1S. Entry Arterials. Monitor planning for this project. When public works begins the process of developing scope of work for streetscape projects, develop the scope of work for the involvement of the design team artist. Issue Call for Artists in conjunction with process of selecting full design team. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #334 Attachment number 1 Page 67 of 147 . A19. Courtney Campbell Causeway Recreation Trail. Establish liaison with Pinellas County Public Art and Design program to budget for and schedule a gateway element that is developed independently or in conjunction with Causeway trail improvements. . A18. Ruth Eckerd Hall. Monitor planning for expansion of the Marcia P. Hoffman Performing Arts Institute. Investigate potential funding partners. Identify opportunity and develop appropriate Call for Artists. . B2. City Trails. Initiate discussion with Parks and Public Works about the design, engineering and construction schedule for trail projects, and opportunities for developing nodal and system element project. . B1. Stream/Stormwater Corridors / Cooper's Point Nature Park. Monitor planning for joint stormwater-recreation space development at Coopers Point Park and in other stormwater corridors. Recommend consideration of public art opportunities at all phases of planning and design. Identify opportunities and develop appropriate Call for Artists, or include an artist on the design team. . C3. Libraries. Monitor planning process. Identify opportunities and develop appropriate Call for Artists. Special Initiative Projects The program's ability to commission these projects will depend on its ability to attract additional developer contributions to its Discretionary Fund, or other types of donations. It will likely take several years for enough funds to accumulate to undertake this project. . A16. Gulf-to-Bay Gateway Element/Crest Lake Park. Issue a Call for Artists for a gateway element in Crest Lake Park along Gulf-to-Bay Boulevard. Private Development The timing of these projects will depend on city decision-making about when to proceed with packaging publicly owned sites for private development. . D3. Harborview. Monitor process for redevelopment. Recommend consideration of public art opportunities at all phases of planning and design. Recommend that RFP for redevelopment proposals require respondents to include an artist on the design team. . D2. Marina District. Monitor process for redevelopment. Recommend consideration of public art opportunities at all phases of planning and design. . D1. Beach Promenade. Monitor development proposals. Advise developers who wish to include public art in their projects on the goals for public art in this area of the City. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #434 Attachment number 1 Page 68 of 147 PROGRAMMATIC AND POLICY RECOMMENDATIONS Civic Connectivity public art projects along the Trails (82) will help to tie communities together and enrich the experience of using the trail. Item # 34 Attachment number 1 Page 69 of 147 PROGRAMMATIC AND POLICY RECOMMENDATIONS Community-Initiated Projects Generally, the Public Art and Design Program should provide technical assistance to groups or neighborhoods that wish to initiate art projects and can raise the funding to pay for those projects. If the community-initiated project is managed by Public Art and Design staff according to the program guidelines, then the project can be accepted into the City's collection. The program should not allocate its Discretionary Funds to community-initiated projects. The Public Art and Design Program can further support community-initiated art projects by establishing a partnership with the Clearwater Development and Neighborhood Services Department awards and grant program. The Public Art and Design Program could supplement the CAN budget with public art funds generated by neighborhood-scale CIP projects that do not generate good art opportunities, such as traffic calming or sidewalk improvements projects. Penny for Pinellas Funding The City of Clearwater's policy is to require that the public art allocations for projects funded by Penny for Pinellas be spent directly in conjunction with the capital project that generates those funds. Some important clarifications of this policy should be noted. Some Penny funding is allocated to generic categories of CIP projects, such as Youth Sports Facilities, for which there will be multiple small projects that have not yet been determined. The percent-for-art funding for these project types can be pooled and spent in conjunction with any project in this project category. Some Penny funding is allocated to projects, such as road widenings, that are not themselves priorities for public art expenditures. To the extent possible, art opportunities should be identified close to the site of the project (for example, where the road intersects with a trail or provides access to a community facility) and the public art funds should be spent accordingly. Multi-year Projects When capital projects are funded over multiple years, the percent-for-art funds generated in the early phase(s) of the project should be utilized for the design phase of the public art project to allow for the artist to work with the selected architectural team. Grant and Bond Funding When a city agency seeks funding for a capital project through grant or bond funding, the agency shall write into the provisions of that grant or bond language the requirement that the city's percent-for-art ordinance be followed, to the extent that the funding source allows. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #634 Neighborhood Identity public art projects such as Fire Stations (Cl) and Libraries (C3) will projects will enhance neighborhood identity and create points of pride. Attachment number 1 Page 70 of 147 APPENDICES Item # 34 Attachment number 1 Page 71 of 147 APPEN DIX A - MAPS CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #s34 Attachment number 1 Page 72 of 147 CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #934 Attachment number 1 Page 73 of 147 CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #cB4 Attachment number 1 Page 74 of 147 APPENDIX B - DEFINITIONS Aggregate Job Value (AN): The total of all construction costs associated with a particular site plan project, regardless of the number of permits associated with the project, or whether it is a phased project. Construction costs include all labor, structural materials, plumbing, electrical, mechanical, infrastructure and site work. Capital Improvement Program (CIP) projects: Projects included in the approved Clearwater Capital Improvement Program, commencing with the City's Fiscal Year budget, for any new facility construction or renovation projects equal to or greater than $500,000. These include, but are not limited to, buildings, greenways, roads, parking facilities, bridges or other above- ground projects. Specifically excluded from this definition are street resurfacing, major drainage, wastewater, below-grade utilities, annual repair and replacement projects where the funding source is restricted from being used for the purchase of public art. CITY IMAGE: Projects that add to the iconography of Clearwater and contribute to the image of the city that is projected to the rest of the world. These projects are located in places that are easily accessible, highly visible and shared by the entire community. CIVIC CONNECTIVITY: Projects that create a visual language that helps make the places that connect Clearwater neighborhoods identifiable and unique. These places are considered "common grounds" for Clearwater's residents; places where neighborhoods come together through recreation and social activities, and areas which provide threads that enable movement from one neighborhood to the next. Clearwater Arts Foundation (CAF): A not-for-profit organization created in 1999 with the belief that the arts can celebrate cultural pluralism and broaden cultural understanding. The CAF lists as its mission to be: "...a catalyst that advocates, fosters and promotes cultural awareness and opportunities for all people in Clearwater." Clearwater Cultural Plan: Drafted in 2002 by a number of participants and committees throughout the Tampa Bay area, the Clearwater Cultural Plan identified six goals for the cultural activities of the City of Clearwater: the stimulation of local cultural development; the creation of a Public Art and Design Program; the enhancement and cultivation of visual, literary and performing arts; the establishment of Clearwater as an artist-friendly city; the promotion of life-long learning for all citizens of Clearwater; and the recognition of the economic potential of culture in Clearwater. Design team: The collaborative team that includes, but is not limited to, an artist and at least one other design professional, such as an architect, landscape architect, or engineer. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #134 Attachment number 1 Page 75 of 147 Discretionary Fund: A fund comprised of public art contributions that private developers make to the city in lieu of installing a work of art on their own property, as stipulated by city ordinance. Imagine Art Here!: Public participation and information gathering workshops held on December 12 and 13,2006 at the Clearwater Main Library. Infrastructure elements: Hardware incorporated into civic infrastructure throughout the city. Elements include: lighting, manhole covers, railings, benches, water fountains, etc. Interpretive project: A public art project designed for public interaction and education. Interpretive projects often feature components that invite an audience to participate by learning more about the artwork's subject matter. Public Art Master Plan: A guiding document created to establish the criteria, policies and priorities of the Clearwater Public Art and Design Program. The master plan serves many purposes including the development of a process and criteria for prioritizing public art projects, and the identification of important sites for public art. NEIGHBORHOOD IDENTITY: Projects that create points of pride within individual neighborhoods in Clearwater. These projects are generally commissioned in conjunction with neighborhood-focused projects such as libraries, local public safety facilities, and community pa rks. Ordinance NO.7 489-05: The City of Clearwater Ordinance, contained within Division 24 of the Development Standards of the Community Development Code, that establishes the Public Art and Design Program. Penny 3: Also known as the Penny for Pinellas III, the "Penny" program was established in 1989 and allows for a sales tax increase of one cent on purchases within Pinellas County. The Penny 3 is the second ten-year extension (2010-2020) of the Penny for Pinellas program, with the preceding programs running from 1990-2000 and 2000-2010 respectively. The Penny for Pinellas program is approved by registered voters in Pinellas County, with the Penny 3 approved in a March, 2007, vote. Pinellas Suncoast Transit Authority (PSTA): The public transit provider for Pinellas County, the PSTA maintains 197 buses and trolleys that serve 43 countywide routes. Private Development: Development and construction within Clearwater city limits that is funded by private and non-City partnership sources. The Public Art and Design Program works specifically with private development projects valued at $5,000,000 and above. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #:.B4 Attachment number 1 Page 76 of 147 Public Art and Design Board (PADB): The seven-member board appointed by the City Council to administer the Public Art and Design Program. Public Art and Design Fund: A separate accounting of monies received for the Public Art and Design Program consisting of funds received from eligible City capital improvement projects; private development projects; funds donated to the City for public art; and other funds allocated by the City through the budgetary process. Public Art and Design Program (PADP): The program created through Ordinance NO. 7489-05 requiring that 1 percent of the construction budget for eligible City capital improvement projects be allocated for public art. There is a similar requirement on the construction of private development projects. Retrofit: Public art projects that are commissioned, outside of a CIP or other construction budget, for city facilities that were constructed at an earlier date and are already occupied. In the language of this plan, "retrofits" are considered a category of "Special Initiative" projects. Site-Specific Works: Public art that has been designed specifically for installation at a particular site or building. Site-specific artwork can often influence the design of a structure and, when completed, creates a dialogue with the space in which it is displayed. Special Initiative Project: Public art projects that are commissioned by the Public Art and Design Program but not linked to a City CIP project. These can include "retrofit" projects, and are funded in part or in whole by the Discretionary Fund. Temporary Artwork: Projects that are not permanent installations at the site in which they are featured. Temporary projects can range from curated exhibitions to special, time restricted commissions to dance performances. Trail Head: A location where the public can access a trail, especially the beginning or end of a trail. Trail Nodes: Places where the trail intersects with important destinations or environmental or cultural features. Zoning Bonus: A zoning strategy that encourages the inclusion of certain amenities into a private development project in exchange for extra development rights. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #334 APPEN DIX C - PROJ ECTS CHART All Recommended Project Opportunities Recommended Public Art Budget Percent-for-art CIP Funding (2007-2020) Funding Source Deficit Possible Sources CITY IMAGE Al. Beach Access Areas Penny 3 (Seawall Discretionary 5 access areas at $10,000/access areas 50,000 12,500 Replacement) 37,500 Fund A2. Clearwater Beach Discretionary 3-5 projects, individual project budgets will vary 250,000 - 250,000 Fund A3. Beach Parking Garage may expand with public/private partnership 125,000 125,000 Penny 3 - Discretionary A4. Beach Interpretive Project 60,000 - 60,000 Fund Discretionary A5. Memorial Causeway Trail 90,000 - 90,000 Fund Discretionary A6. Coachman Park 350,000 50,000 Pen ny 3 300,000 Fund Bonds, Grants, A 7. Downtown Boat Slips 110,000 110,000 CRA DDB Discretionary Fund, Friends of A8. Downtown Library 150,000 - 150,000 Library Clearwater Arts Foundation, Downtown A9. Walking Streets/Temporary Projects Organizations, budget based on annual festival, beginning in Businesses and 2008 at a cost of $50, OOO/year 700,000 - 700,000 Developers CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN tt.em # 34 All Recommended Project Opportunities (cont.) Recommended Public Art Budget Percent-for-art CIP Funding (2007-2020) Funding Source Deficit Possible Sources Al0. New City Hall and Parking Garage 250,000 250,000 Penny 3 All. Downtown Parking 62,500 62,500 Pen ny 3 - A12. North and South Downtown Gateways Discretionary two projects at $75,000/each 150,000 - 150,000 Fund A13. City Office Buildings no CIP projects identified at this time - - - Private A14. Cleveland Street Medians 150,000 - 150,000 Fundraising Penny 3 A15. Entry Arterials - Court Street/Chestnut (Downtown Street/Cleveland/Gulf to Bay 125,000 125,000 Streetscape) - A16. Gulf to Bay Gateway Element/Crest Discretionary Lake Park 350,000 - 350,000 Fund Pinellas County, State of Florida, Discretionary Federal Grants, Fund, Private A17. Joe DiMaggio Sport Complex Renovation 150,000 80,000 other 70,000 Fundraising Discretionary Fund, Private A18. Ruth Eckerd Hall 80,000 40,000 Pen ny 3 40,000 Fundraising Discretionary A19. Courtney Campbell Causeway 250,000 - 250,000 Fund CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN tl!em # 34 All Recommended Project Opportunities (cont.) Recommended Public Art Budget Percent-for-art CIP Funding (2007-2020) Funding Source Deficit Possible Sources CIVIC CONNECTIVITY Bl. Cooper's Point Park 70,000 70,000 Bond (if eligible) - Penny 2 (Druid Road and Recreation Trails), Penny 3 (Recreation Trails B2. City Trails and Bayshore allocate average of $20,000/year, individual Blvd Discretionary project budgets will vary 280,000 88,600 Realignment) 191,400 Fund Penny 2 and B3. Morningside Recreation Center 46,000 46,000 grants - B3. Senior Facility 35,000 35,000 Pen ny 3 - B3. Countryside Family Aquatics 25,000 25,000 Pen ny 3 - B4. Reverse Osmosis Plant Future Bond potentially offsite/multiple projects 200,000 200,000 Issue - CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN ~m # 34 All Recommended Project Opportunities (cont.) Recommended Public Art Budget Percent-for-art CIP Funding (2007-2020) Funding Source Deficit Possible Sources NEIGHBORHOOD IDENTITY Cl. Clearwater Beach Fire Station 41,4 79 41,4 79 Pen ny 3 - Cl. Countryside Fire Station 46,484 46,484 Pen ny 3 - Cl. Fire Station No. 48 18,000 18,000 Pen ny 2 - Cl. Lakeview Fire Station 47,555 47,555 Penny 3 - Penny 3 (Neighborhood Parks, Youth C2. Neighborhood Parks and Youth Sports Sports Fields, Fields 145,000 145,000 Highland Avenue) - C3. Countryside Branch Library 62,500 62,500 Pen ny 3 - C3. East Branch Library 62,500 62,500 Pen ny 3 - TOTAL 4,532,018 1,743,118 2,788,900 CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN tt:em # 34 Do it Now / / Project Opportunities Recommended Public Art Budget (FY2007 and Percent-for-art FY2008) Funding CIP Source Deficit Possible Sources CIP PROJECTS Pinellas County, A17. Joe DiMaggio Sports Complex State of Florida, Discretionary Renovation Federal Grants, Fund, Private begin planning 150,000 80,000 other 70,000 Fundraising Penny 2 (Druid B2. City Trails Road and Discretionary allocate $20,000 in both FY07 and FY08 40,000 33,600 Recreation Trails) 6,400 Fund Penny 2 and B3. Morningside Recreation Center 46,000 46,000 grants - Cl. Fire Station No. 48 18,000 18,000 Penny 2 - SPECIAL INITATIVE PROJECTS Private A14. Cleveland Street Medians 150,000 - 150,000 Fundraising Clearwater Arts Foundation, Downtown Organizations, A9. Walking Streets/Temporary Projects Businesses and $50,000 in FY08 for temporary art festival 50,000 - 50,000 Developers Discretionary A4. Beach Interpretive Project 60,000 - 60,000 Fund TOTAL 514,000 177,600 336,400 CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN tl!em # 34 Do it Next / / Project Opportunities Recommended Public Art Budget (FY 2009 and Percent-for-art FY2010) Funding CIP Source Deficit Possible Sources CIP PROJECTS Bonds, Grants, CRA Downtown Development A7. Downtown Boat Slips 110,000 110,000 Board Discretionary A5. Memorial Causeway Trail 90,000 - 90,000 Fund Al0. New City Hall and Parking Garage 250,000 250,000 Penny 3 B4. Reverse Osmosis Plant Future Bond potentially offsite/multiple projects 200,000 200,000 Issue - SPECIAL INITATIVE PROJECTS B2. City Trails Discretionary allocate $20,000 in both FY09 and FYl0 40,000 - 40,000 Fund Clearwater Arts Foundation, Downtown A9. Walking Streets/Temporary Projects Organizations, $50,000 in FY08 and FY09 for annual temporary Businesses and art festival 100,000 - 100,000 Developers Discretionary Fund, Friends of A8. Downtown Library 150,000 - 150,000 Library A2. Clearwater Beach Discretionary one project 75,000 - 75,000 Fund TOTAL 1,015,000 560,000 455,000 CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN \'rem # 34 Attachment number 1 Page 83 of 147 APPENDIX D - MEETING PARTICIPANTS City of Clearwater Cultural Affairs Staff Throughout the master planning process, Cultural Affairs staff have assisted the master plan consultants in a number of ways, ranging from gathering information, conducting interviews and conferences, scheduling meetings and providing input and guidance on master plan drafts. Marsha Beall, Cultural Affairs Assistant Christopher Hubbard, Public Art Specialist Elizabeth Minor, Cultural Affairs Programmer Margo Walbolt, Cultural Affairs Manager Public Art and Design Board (PADB) The consulting team of Brown and Keener Bressi (BKB) and Via Partnership has met with the members of the Clearwater Public Art and Design Board numerous times throughout the master planning process. Members of the PADP have provided input into the direction and language of the master plan and have supplied feedback and insight into the role of public art within the City of Clearwater. The board has recommended the approval of this plan. Joshua Bomstein, Chair Howard Warshauer, Vice-Chair George Ann Bissett Mark Flickinger Davida Milne Alex Plisko, Jr. John Timberlake CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item jcB4 Attachment number 1 Page 84 of 147 Clearwater Arts Foundation, Inc. (CAF) The members of the Clearwater Arts Foundation, with their commission of the 2002 Clearwater Cultural Plan, began the process that would lead to the creation of the Clearwater Public Art and Design Program. Numerous CAF members have participated in the development of the PADP through assistance in drafting the Public Art Ordinance to participating in the Imagine Art Here! workshop series in December, 2006. Nancy Loehr, Chairman Elizabeth Daniels, Vice-Chair Marly McMillan, Treasurer Joshua Magidson, Secretary Joshua Bomstein Laurel Braswell Maria P. Cantonis Beth Coleman Gary Gray Jai Hinson Peter Kageyama Robin Popp Sallie Parks Jennifer Sloane Advisory non-voting members Kay Campbell Robert A. Freedman Margo Walbolt Elizabeth Minor Marsha Beall City of Clearwater Staff Participants In order to gather information and educate city staff on the public art master planning process, the master planning consultants met with staff from over 10 city departments over the course of two days, September 27-28,2006. In these conferences, representatives from each city department indicated how their staff would be involved with the public art process, from planning and funding to installation and maintenance. Participating departments included: Development & Neighborhood Services, Economic Development, Engineering, Finance/Budget, Parks & Recreation, Planning & Zoning, Public Works, Office of the City Attorney/Legal, Offices of the Assistant City Managers, Risk Management. Mashid Aristeh, Public Works Administrator Garry Brumback, Assistant City Manager Keith Bush, Controller Geri Campos, Director of Economic Development Howie Carroll, Assistant Director of Economic Development Gina Clayton, Assistant Director of Planning Leroy Chin, Parks Planning and Projects Manager Michael Delk, Director of Planning Kevin Dunbar, Director of Parks and Recreation Diane FitzGerald, Public Information Coordinator CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item j134 Attachment number 1 Page 85 of 147 Anne Fogarty, Economic Development Program Coordinator Renee Frith, Landscape Maintenance Coordinator Kevin Garriott, Building Official Earl Gloster, Recreation Programming Superintendent Rod Irwin, Assistant City Manager for Economic Development Gary Johnson, Director of Public Services Art Kader, Assistant Director for Projects, Planning and Administration Jeff Kronschnabl, Director of Development and Neighborhood Services Tim Kurtz, Landscape Architect Laura Lipowski, Assistant City Attorney Perry Lopez, Construction Manager Jon Marcin, Risk Management Specialist Mike Quillen, Director of Engineering Cky Ready, Planner II Margie Simmons, Director of Finance Neil Thompson, Development Review Manager Mary Jo Weaver, Sign Inspector Tina Wilson, Director of Budget Imagine Art Here! Participants (December 12-13, 2006) During the Master Planning process the consulting team of Brown and Keener Bressi (BKB) and Via Partnership, in conjunction with Clearwater Cultural Affairs, conducted a series of public art workshops entitled "Imagine Art Here!" Over the course of two days, December 12th and 13th 2006, over 35 participants met at the Clearwater Main Library to discuss the direction and future for Clearwater's public art program. Among the participants were city staff, members of local arts organizations, local artists, and citizens from throughout Clearwater and its neighboring municipalities. Joshua Bomstein Maria P. Cantonis Leroy Chin Thomas Coates Beth Daniels Bob Fernandez Pat Fernandez Diane FitzGerald Mark Flickinger Anne Fogarty Elizabeth France Danny France Robert A. Freedman Renee Frith CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item j:.B4 Attachment number 1 Page 86 of 147 Denis Gaston Susan Gehring Earl Gloster Barbara Kampe Hanson Sandy Herman Jai Hinson Peter Kageyama Ulli Kampelmann Tim Kurtz Nancy Loehr Joshua Magidson Marly McMillan Elyse Nanfil Jan Nickols Chris Nodine Robin Popp Cky Ready David Ring Josh Riley Bill Scott Jennifer Sloane Christopher Still Steve Van Stone Beth Warmath Mary Jo Weaver CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item j334 Attachment number 1 Page 87 of 147 APPENDIX E - IMAGINE ART HERE During the Master Planning process the consulting team of Brown and Keener Bressi (BKB) and Via Partnership, in conjunction with Clearwater Cultural Affairs, conducted a series of public art workshops entitled "Imagine Art Here!" Over the course of two days, December 12 and 13,2006, more than 35 participants met at the Clearwater Main Library to discuss the direction and future for Clearwater's public art program. Among the participants were city staff, members of local arts organizations, local artists, and citizens from throughout Clearwater and its neighboring municipalities. During "Imagine Art Here!" the master plan consulting team presented a program that introduced participants to the field of public art, and expanded upon ideas of what forms, shapes and styles that public art projects can take. The presentation also included an explanation of Clearwater's Public Art and Design Program and how it operates. As an early segment of the workshop process, members of the master plan consulting team produced maps of Clearwater and instructed participants to use stickers to indicate areas in the city that fell within three criteria; these indicated areas: would benefit from public art; were the best places to take a visitor; represented the best of Clearwater. Areas indicated by participants included: Public art locations: Clearwater Beach Downtown City pa rks Biking and pedestrian trails Courtney Campbell Causeway Natural areas Best places to take a visitor: Clearwater Beach Downtown City pa rks Courtney Campbell Causeway Pinellas Trail Natural areas Locations that represent the best of Clearwater: Clearwater Beach Downtown City Pa rks CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item j434 Attachment number 1 Page 88 of 147 Natural areas Intracoastal waterway Biking and pedestrian trails In the December 12 workshop, the consultant team led the group in a discussion of the areas indicated as focal points for public art projects. In addition to many areas that are within the City's Capital Improvement Project plan, participants called out a number of existing locations that would benefit from the addition of public art, known as "retrofit" locations. "Retrofit" locations of note include: the Clearwater Main Library, City Hall, Coachman Park, the Harborview Center and others. Breakout Sessions Participants of the December 13 workshop divided into breakout groups, designed to focus on a particular area of Clearwater that were targeted as key points of focus for future public art projects: Downtown and Clearwater Beach. Once divided into one of the two groups, participants received a set of directions and discussion prompts. Among these conversation starters were: Review the maps that we have provided and allow participants to share what they know about the sites and future plans for the site. Discuss how the area and sites within are currently used. Some questions to consider: Which places are most used? The most visible? What are the gathering places? What are the dominant physical features now? Who is using these places? What are they doing? How are people using the space? Discuss possible public art opportunities: Where could public art be located? What "types" of public art might be possible? What "outcomes" would that public art have? What is the priority for this idea? Who should be involved in the project? What is their role? Participants in the breakout sessions indicated that both the Beach and Downtown locations represent a mixed use of traffic flow between pedestrians and other vehicular-based transit. Public art in the Beach and Downtown locations should respond to both types of traffic with artworks than can be enjoyed one-to-one on the pedestrian level and from afar by vehicular traffic. Potential locations for public artwork in the Beach and Downtown locations range from Coachman Park and new City infrastructure buildings, to beach access areas and the phased- Beach Walk project, currently under construction. A main focus of public art within these CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item j534 Attachment number 1 Page 89 of 147 areas is that artwork should foster a sense of identity creating a citizens' dialogue of "Who are we, as Clearwater?" and providing landmark and wayfinding symbols to assist with residents and visitors in answering questions such as "Where are we?" and "Where should we go?" Participants in both sessions indicated that public art should provide a message with its presence, allowing viewers to learn that through it's artwork, Clearwater is presenting itself as a progressive city, that "we're going someplace." Public artwork should create a positive experience of awe and enjoyment through "color, stimulation and motion" producing a feeling of "moving through a space." Additionally, public art should form connections to community, encouraging residents to take pride in their home and to entice visitors to return. Feedback Sheets Participants of both workshop sessions received a series of feedback worksheets ranging in topic from program priorities to program outcomes and directions. Based on input gathered from the worksheet completed by participants the following findings for each feedback type are: Program Outcomes Participants were polled on a number of desired outcomes for the Public Art and Design Program. Given the prompt "Public art in Clearwater will..." participants were directed to choose any number of 18 pre-set responses to the prompt; write-ins and personal additions were also accepted. During both feedback sessions, all participants were asked to provide verbal feedback to the program outcomes prompt. Answers to the prompts were recorded in the December 12 session and presented to participants of the December 13 session, following their own response to the prompts. The verbal program outcome responses are, in ranking order, as follows: Public Art in Clearwater will... ...communicate that Clearwater is a community which values the arts. 11 ...build an appreciation for art and the work of artists. 10 ...contribute to a legacy for generations to come. 9 ...promote tourism and the economic vitality of Clearwater. 8 ...enhance the quality of City built, public places. 8 Of the written feedback sheet responses, the most popular were, in ranking order, as follows: Public Art in Clearwater will... ...communicate that Clearwater is a community which values the arts. 8 ...promote tourism and the economic vitality of Clearwater. 5 ...tell the story of the history of the City and its people. 5 ...build an appreciation for art and the work of artists. 5 CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item j634 Attachment number 1 Page 90 of 147 Program Outcomes Feedback Sheet Public Art in Clearwater will... A. communicate that Clearwater is a community which values the arts 8 B. foster a positive community identity 3 C. enhance the quality of life for Clearwater residents 4 D. promote tourism and the economic vitality of Clearwater 5 E. emphasize the flavor and character of distinct parts of the City 3 F. 1 engage private enterprise in building quality places G. enhance the quality of City built, public places 3 H. 4 create contemplative places that inspire thought I. 3 create new destinations J. 2 highlight the unique and accessible natural environment K. 3 bring people together socially and geographically L. tell the story of the history of the City and its people 5 M. celebrate and reflect cultural diversity 3 N. build an appreciation for art and the work of artists 5 o. enhance the climate for cultural creativity 4 P. contribute to a legacy for generations to come 4 Q. increase opportunities for citizens and artists to participate in the design of the city 3 R. create a visual, artistic transition from "old Clearwater" to "new Clearwater" o Program Directions A second level of feedback gathered from workshop participants was the indication of program directions and potential locations for future public art projects. Participants were guided to respond to statement prompts with possible artwork locations as well as desired outcomes for projects associated with indicated artwork sites. Workshop participants favored using public art to create iconic destinations and public gathering places throughout Clearwater, and both Downtown and the Beach were primary targets for future artwork sites. Participant comments in the Program Directions section stated that public artwork throughout public gathering places should be used as a beacon to "draw people in" and "encourage them to return" and also that the artwork should be "fun" and "interactive" as "it attracts people." CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item j734 Attachment number 1 Page 91 of147 Participants also indicated that public art installations should serve further purposes, such as disguise or mask construction areas, or provide public education. Program Directions Feedback Sheet DOWNTOWN 1. Commission public art that serves as landmarks. City limit 2 Coachman Park 2 City Hall 2 Library 2 Wayfinging sign age 2 Parking garages Historic buildings Beach Entries to downtown Highly visible, identifies Clearwater Takes a lot of thought 2. Commission public art that serves as gateways. DOWNTOWN 2 FL-60 & Court Court & Chestnut Cleveland Street Highland & FL-60 Memorial Causeway Cleveland & Myrtle Beach Top of the Bluff Library atrium Jones & Fort Harrison Turner & Fort Harrison Sense of prestige and intrigue Wayfinding Clearwater East Library Include portable works to exhibit in a variety of places (from Library to Tampa Airport) 3. Integrate artwork into the design of new buildings. Also existing buildings Mediterranean Village Units Station Square Condos City Hall Downtown New City Hall City buildings North Beach / South Beach Schools 4. Commission interactive artwork that adds to the vitality of public places. Make it fun, it draws people 2 Coachman Park 2 Station Square Park Interactive fountain at Coachman Park CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item js34 Fountains to cool in the heat of summer Vital! It brings folks downtown Educational Water play, like the Lowry Park Zoo in Tampa (interactive water fountain) Focus on revenue for local businesses and not a play space 5. Involve artists in the design of pedestrian-scale streetscape elements Station Square Park Coachman Park Main Library City Hall Need new downtown destination Outdoor Parks Brings sense of community 6. Involve artists in the design of pedestrian-scale streetscape elements. Cleveland Street 3 Streetscape Wayfinding Isn't this already done for downtown? 7. Commission temporary or event-based artwork Construction artwork (fences) 2 Art created during Jazz Fest Special events Holidays Outdoor gallery Fire on the water / lights on the water Highlight Jazz Fest or other existing events BEACH AREAS 8. Commission public art that serves as landmarks. Roundabout 2 The beach needs no landmark Pier 60 Beach Walk Photo opportunities for residents & visitors Symbolic Mile markers Parking garages Bridges Spoil islands 9. Commission public art that serves as gateways and connectors Roundabout 3 Bridges 3 Entrance to beach, access 2 North - South Downtown to beach routes CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Attachment number 1 Page 92 of 147 Item j934 Attachment number 1 Page 93 of 147 10. Commission interactive artwork that adds to the vitality of public places Pier 60 2 Sand Key Park Adds fun Beach, for tourists and kids Weigh this carefully Focal point for memories 11. Involve artist in the design of public gathering places. Involve local & famous artists To join diversity - music Beach already gets a lot of attention, maybe downtown Liked the "signing chairs" on beach Beach Walk 12. Involve artists in the design of streetscape elements. Beach Walk 3 Beach Walk is designed - this is good for future projects Current street work Manhole covers Fire hydrants Beautiful! This allows City to highlight history, diversity, etc. Tree grates; incorporate coral reefs from objects, i.e. sunken plane 13. Commission temporary or event-based artwork. Cover up empty lots, construction 3 Iron Man event Pier 60 Park Beach Walk art fest on promenade 14. Commission artwork that showcases the natural environment and highlights beach area ecological issues. Educational 2 Along beachfront Beach Walk Teacher, student input TRAILS, GREENWAYS AND BLUEWAYS 15. Involve artists in the overall design of new segments of the trail, greenway and blueway i nfrastru ctu re Art stops along the trail, add like historic stops on highway Parallel of trail on right of way Involvement at the beginning of a new project is ideal, artists in the design phase Pre-construction Beach Walk Pinellas Trail 16. Involve artists in the design of functional elements along the trails, greenways and blueways. As funds permit Water faucets, rest areas, markers CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #cB4 Attachment number 1 Page 94 of 147 17. Commission permanent, site-specific artwork along new trails. And in old! Not highly visible 18. Commission permanent, site-specific artwork along existing trails. East/West Trail 19. Commission temporary artwork to draw attention to the trail, greenways and blueways. Identifying trails throughout points of intersection with public places, creating interest Event related Avant-garde, performance pieces 20. Commission artwork that enhances connections to adjacent areas. Funds permitting Good for downtown, parks and beach Already done PARKS & RECREATION FACILITIES 21. Include artists on the design team for new facilities. Worked for skateboard park (Ross Norton Recreation Center) Most of Clearwater has just been renovated Always good at the beginning of the project Lithocrete on pool I believe we do this now 22. Integrate works of art into new facilities. Hanging sculpture in lobby of Municipal Services Building Specific only to facility, i.e. type of sport This will show we value the arts 25. Commission artwork that serves as gathering places. Every park, beach, trail Could help folks get together, share rides Long Center There is a lot of interest by artists to work with community and youth to co-create works for facilities and parks. NEIGHBORHOOD FACILITIES 29. Initiate community based projects. Community artists 30. Commission temporary public art projects Special events ADDITIONAL COMMENTS "Next" would be too late in most cases as planning must be done earlv in order to incorporate the art. We have a wonderful new bridge that could utilize flag poles or wind socks or temporary art and really be showcased. An artist group should be involved at the outset of any project design, not after its completion. Hang flags, long banners from the bridge... Get a Jazz Holiday Hall of Fame! CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #134 Attachment number 1 Page 95 of 147 Do It Now, Do It Next. Or Do It Never Feedback Sheet The third portion of feedback information gathered from "Imagine Art Here!" participants was the prioritization of future public art projects. Projects were assigned to geographic focus areas within the City that correspond to the type of projects that would be undertaken in those areas. The geographic focus areas listed in the feedback list are: Downtown; Beach area; Trails, Greenways and Blueways; Parks & Recreation Facilities; Neighborhood Facilities. Participants were directed to rank potential projects and program directions through a rubric of three categories: Do it Now, Do it Next, and Do Not Do it/Do it Never. Now Next Never Downtown Commission public art that serves as landmarks 26 7 Commission public art that serves as gateways 22 9 2 Integrate artwork into the design of new buildings 28 4 Commission interactive artwork that adds to the vitality of 10 public places Involve artists in the design of public gathering places 28 4 Involve artists in the design of pedestrian scale streetscape 10 1 elements Commission temporary or event-based artwork 12 18 3 Beach areas Commission public art that serves as landmarks 21 9 2 Commission public art that serves as gateways and 7 4 connectors Commission interactive artwork that adds to the vitality of 10 public places Involve artists in the design of public gathering places 28 5 Involve artists in the design of streetscape elements 24 6 2 Commission temporary or event-based artwork 12 16 3 Commission artwork which showcases the natural 10 4 environment and highlights beach area ecological issues CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #:.B4 Attachment number 1 Page 96 of 147 Now Next Never Trails, Greenways and Blueways Involve artists in the overall design of new segments of the 8 3 trail, greenway and blueway infrastructure Involve artists in the design offunctional elements along the 5 1 trails, greneways and blueways Commission permanent, site-specific artwork along new trails 14 17 1 Commission permanent, site-specific artwork along existing 13 2 trails Commission temporary artwork to draw attention to the trail, 9 greenways and blueways Commission artwork that enhances connections to adjacent 9 3 areas Parks & Recreation Facilities Include artists on the design team for new facilities 25 5 1 Integrate works of art into new facilities 27 4 Commission artwork that helps identify places within the 10 2 facility Commission a series of artworks that creates connectivity 12 2 between different parts of the campus/city Commission artwork that serves as gathering places 24 9 Now Next Never Neighborhood Facilities Include artists on the design team for new facilities 23 5 1 Integrate works of art into new facilities 23 7 Commission artwork which communicates the mission of the 11 2 facility Initiate community based projects 19 11 Develop artist residency programs 15 12 3 Commission temporary public art projects 13 15 3 CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #334 Attachment number 1 Page 97 of 147 APPENDIX F - GIFT POLICY Gifts and loans to the Clearwater Public Art & Design Program (PADP) are an important part of the City's growing art collection. Proposed gifts or loans of public art shall undergo a review process to ensure that acceptance of such gifts or loans takes place in a fair and uniform manner and supports the purpose and goals of the PADP. Potential gifts to the PADP and City are evaluated as carefully as works that are purchased or commissioned and undergo a careful review process that evaluates the gift on acceptance criteria according to the purposes, guidelines, goals and selection process that guides the Public Art & Design Program as a whole. There can be no commitment to permanent display of gifts or loans, nor can the City of Clearwater be committed to retain ownership of such artworks in perpetuity. Procedures for Gifts or Loans Valued Under $5,000: For gifts or loans that are valued less than $5,000 the decision to accept the donation or loan will be made by the appropriate department director. Procedures for Gifts Valued at or in Excess of $5,000: For each proposed gift of public art valued at or in excess of $5,000 a written proposal or letter of intent must be submitted to the City's Cultural Affairs Manager. The proposal must include specifications of the proposed gift, including: artist, title, dimensions, materials, date, and proposed location (if appropriate). The Cultural Affairs Manager will refer the proposal to the Public Art and Design Board for review. For existing objects the definite work of art will be presented for review, when feasible, in place of the first three items below. Proposals for commissioned works shall include: . Maquette(s) of a three-dimensional work or complete drawing of a two-dimensional work . Drawings or photographs that demonstrate the relationship of the artwork to the site . Material samples for the artwork and any relevant construction materials . Professional appraisal of the artwork's value showing the minimum value to be not less than $5,000 . Artist's resume . Letter of authentication from the artist . Artwork's exhibition history, if it is an existing work . Approval for the installation and use of site by the appropriate city department(s) . All associated building and construction permits, if necessary . Description of routine maintenance and estimate of maintenance costs . Durability and anticipated life span for the work CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #434 Attachment number 1 Page 98 of 147 . Safety hazards and potential for vandalism . Any terms or conditions imposed by the donor Procedures for Loans Valued at or in Excess of $5,000: For each proposed loan of public art valued at or in excess of $5,000 a written proposal or letter of intent must be submitted to the City's Cultural Affairs Manger. The proposal must include specifications of the proposed loan, including: artist, title, dimensions, materials, date, proposed location of display, the proposed duration of time that the artwork will be on City property, and the arrangements for its installation and removal. Conflicts of Interest: Gifts will be accepted by the City of Clearwater as a municipality rather than by individuals within the City. Consideration is given to the context in which the gift is offered in order to ensure that the gift is not being given to influence or reward the City of Clearwater or members, employees or elected officials of the City. Gifts of Memorial Artwork Valued at or in Excess of $5,000: Memorials can be achieved through gifts of artwork and monetary donations. Monetary donations for a public art memorial may be contributed and combined towards a larger project, if necessary. All donors of monetary gifts of memorial will be acknowledged by means of a dedication plaque. Memorial donations and gifts valued at or in excess of $5,000 will be judged on the following criteria to determine appropriateness: . If a person or event is being memorialized, theyjit must be deemed significant enough to merit such an honor. The decision of the significance of a person or event is determined by City Council. . The memorial represents broad community values and has timeless qualities that are meaningful to future generations. . The location under consideration is an appropriate setting for such a memorial; in general, there should be some specific geographic justification for the memorial being located in a specific site. Donors of memorials are asked to consider the primary uses of the public space or facility in their request for a suitable location for the memorial. While the City of Clearwater acknowledges that appropriate memorials enrich visitor experiences, public open space is a very precious commodity, and monuments, memorials and plaques will be carefully reviewed to balance these two public benefits to protect the greater good. It is recognized that a particular location may reach a saturation point for memorials, and therefore the Public Art and Design board may consider limitations or a moratorium of future memorial installations at that particular location or area. Public Art and Design Board Review of Potential Gifts and Loans: The Public Art and Design Board will review potential gifts and loans and recommend acceptance or rejection to the City Council. A recommendation to accept a gift or loan of public CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #534 Attachment number 1 Page 99 of 147 art will be delineated in an acceptance agreement between the City and the donorjlender. This agreement will describe the terms and conditions under which the art is to be accepted, including responsibilities for fabrication, installation, site preparation, insurance, ongoing maintenance, conservation, etc. In cases where a donor has specified a site for the proposed artwork, the artwork must have the endorsement and approval for installation from the City department that oversees the site. Specific plans for site design, installation and maintenance will be submitted for all necessary approvals. Costs for engineering, inspections and approvals shall be borne by the donor. The artwork may not deviate from the proposal approved by the Public Art and Design Board unless the Board approves such change in writing. Works of art accepted on the basis of maquettes or drawings will be subject to a review process, including inspection by appropriate city officials during fabrication and installation. Public Art and Design Board Composition: As provided in Ordinance NO. 7489-05 the Public Art and Design Board consists of seven (7) members who shall be appointed by the City Council. Each member of the Board shall be appointed for a term of four (4) years, and no members shall serve more than two (2) consecutive terms. In 2006, four (4) members will be appointed to serve for a four (4) year term, and three (3) members for a three (3) year term. Whenever a vacancy shall occur, a successor shall be appointed in like manner to serve for the remainder of such term. The Board is composed of the following members: One (1) Clearwater Arts Foundation member; One (1) Pinellas County Cultural Affairs Department staff, or designee; One (1) architect, landscape architect, urban planner, or related design professional who is a City resident; One (1) active professional artist who is a City resident; Three (3) private citizens who are City residents and are knowledgeable in the field of public art, education, or community affairs. Further information regarding the Public Art and Design Board administration and responsibilities is provided in Ordinance NO.7 489-05 and the Public Art & Design Program Guidelines, Section 5.4. Review Criteria for Acceptance of Proposed Gifts or Loans: The review process will ensure that: . Gifts and loans maintain high artistic standards for artworks in the City's public art collection and are appropriate in relationship or historical relevance to the City; . The site available is appropriate to the artwork's content, scale, and material. Factors to be considered in selecting on an appropriate site include, relationship to architectural and natural features, visibility and public access, traffic patterns, future development plans for area, if known, and public use patterns of the site; . Artworks must be one-of-a-kind or part of an original series. Reproductions of originals are not considered eligible for acceptance. Under certain circumstances the Public Art and Design Board may waive this requirement. . Restrictions from the donor, if any, are clearly identified and acceptable to the City; . Community groups who generate artwork proposals must show that the surrounding community has been involved and consulted in the process; . Costs of installation and maintenance and repair over the expected life of the artwork are defined and dedicated; . Electricity, plumbing, or other utility requirements over the expected life of the artwork are defined and dedicated; CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #634 Attachment number 1 Page 100 of 147 . Artists will provide updated contact information in case of conservation, restoration or deaccession needs. More information on deaccession can be found within the City of Clearwater Deaccession Policy. Exceptions to the Review Process: . Proposed gifts or loans of artworks which have a current appraised value of less than $5,000. . Gifts of state presented to the City of Clearwater by foreign governments or by other political jurisdictions of the United States - municipal, state or national - which may be accepted by the City Council members or the City administration on behalf of the City shall be reviewed as follows: Permanent placement of artworks shall be determined jointly by the appropriate City department and the Cultural Affairs Division, subject to the approval of the Public Art & Design Board. Appropriate recognition and publicity shall be the responsibility of the City department with jurisdiction over the site of permanent placement of the artwork(s). If not provided by the donor, maintenance of the artwork(s) shall be the responsibility of the City department with jurisdiction over the site, in consultation with the Cultural Affairs Division. . Artwork(s) or exhibitions loaned for display on City-owned property for ten months or less shall not be subject to the standard review process. Review and approval shall be the responsibility of the City department with jurisdiction over the site of the display or exhibition. The Public Art and Design Board shall serve as an oversite resource to City department with jurisdiction over the site. Appeal Policy: All donors or artists who believe that the Public Art and Design Board's consideration of their proposal of a gift or loan was procedurally unfair, unreasonable or inadequate, may appeal the panel's recommendation of rejecting the proposed gift or loan. No appeals will be entertained on the grounds of the Board's aesthetic evaluation of an existing or proposed artwork. Appeal Procedure: Before pursuing a formal appeal, the donors and/or artist should seek an informal resolution by way of the following procedure: . The donor and/or artist will first re-examine the Acceptance Guidelines, and the list of panels who have evaluated the proposal; and . The donor and/or artist will then informally review the panel procedure with the Cultural Affairs Manager within three weeks of the date of written notification of the original Board decision on the proposed artwork. Should no resolution be reached, the donor and/or artist may submit a formal appeal by way of a written request to the Public Art and Design Board, specifying the date on which an informal review of the original panel decision was completed, and the factual bases on which the donor claims that the procedures utilized by the panel in reaching its decision were unfair, unreasonable or inadequate. The Public Art and Design Board will provide the donor, artist and each member of the Board notice, in writing, with at least fourteen days advance notice of the date, time and place of the appeal in order to enable each of the aforementioned individuals to file written submissions for consideration and to arrange to appear in orderto give a verbal presentation, if desired. In CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item f9h34 Attachment number 1 Page 101 of 147 addition, the Public Art and Design Board has the right to invite any individual whom it believes may contribute to the adjudication of the appeal, to appear before it. The deliberations of the Public Art and Design Board will be open and available to the public. Following the review and appeal process, all Public Art and Design Board decisions shall be final. Donor Responsibilities and Associated Costs: For commissioned gifts of art to the City of Clearwater the donor must underwrite the costs of fabrication and installation. If necessary to the project, the donor will also be responsible for engineering specifications, design and cost of pedestal, identification plaque, special lighting, electrical and water hookups, structural support meeting all building codes, and landscaping of site. The donor is responsible for acquiring all City, County, State or Federal permits necessary for the installation of the work, and for paying all costs associated with such permits. The donor shall contribute five (5) percent of the gift's total commission cost to be deposited into a special maintenance fund to support the care of and maintenance of the City's public art collection. If the gift is an existing work of art, five (5) percent of the appraisal value shall be deposited into the maintenance fund. Under certain circumstances the Public Art and Design Board may waive this requirement. The donor is encouraged to work with an art conservator to develop a routine maintenance plan for the gift of artwork. Maintenance: The donor shall create, with the assistance of a professional conservator, a maintenance plan for care of the proposed gift. Exorbitant maintenance costs may be grounds for rejection of a gift or loan. Once the donation is installed and accepted by the City, the City shall be responsible for the inventory, operational expenses and maintenance requirements. Funding for the care and maintenance of the City's public art collection is provided through the contributions of donors to City's public art special maintenance fund, as outlined above in Donor Responsibilities and Associated Costs. Acceptance of Gifts of Public Art Once approved by the Public Art and Design Board gifts of works of art will be deemed accepted once the donor has supplied the City with the following: . Written certification of the installation of the artwork; . A written bill of sale conveying title of the work to the owner; . A contribution of five (5) percent of the gift's total commission or appraisal value to the maintenance fund; . Written instructions for the care, maintenance, preservation and handling of the artwork prepared with the assistance of a professional art conservator; . A sworn statement of no liens, claims or other encumbrances associated with the artwork; . A written assignment of any and all warranties for materials used or labor performed by subcontractors or other persons; . A written assignment conveying all rights, including copyrights and waiver of all rights under the Visual Artist's Rights Act of 1990 and its amendments (Section 106A of the United States Copyright Act; Pub. L. No. 101-650). Acceptance of Loans of Public Art Once approved by the Public Art and Design Board, loans of works of art will be deemed accepted once the donor has supplied the City with the following: CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #834 Attachment number 1 Page 102 of 147 . A fully executed Agreement for Display of Artwork between the lender and the City; . A written plan for the transportation, installation and removal of the artwork as per the Agreement for Display of Artwork; . Written instructions for the care, maintenance, preservation and handling of the artwork during the period of display on City property. Title and Ownership: Gifts of artwork to the City will become the property of the City of Clearwater once an Agreement for Acceptance of a Donation of a Work of Art has been fully executed and the Donor has delivered the Bill of Sale. At such time, all rights of title and ownership will be conveyed to the City and all future decisions regarding the use and continued ownership of the artwork will be under the sole discretion of the City of Clearwater. As owner of the work, the City may exercise any and all legal rights of ownership including, but not limited to, sale, relocation or removal of the artwork. Further information regarding the sale, removal or relocation of artwork can be found within the City's Public Art & Design Program Deaccession Policy. For loans of artwork to the City, the City recognizes that the title to the artwork remains with the Owner, its successors and assigns. At no times does title pass to the City as a result of the loan, unless otherwise specified. Removal, Relocation or Deaccession of an Artwork: Artworks gifted or loaned to the City of Clearwater may be relocated, removed or deaccessioned from the City's public art collection if the artwork becomes a hazard or liability, or if the approved terms of acceptance are not fulfilled or for any other reason as determined by the Public Art and Design Board in its sole discretion. Should one or any of these options become necessary, the Public Art and Design Board shall remove, relocate or deaccession the works of art in its collection in accordance with its policies and procedures as described within the City's Public Art & Design Program Deaccession Policy. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #934 Attachment number 1 Page 103 of 147 PROPOSED GIFT OF PUBLIC ART TO THE CITY OF CLEARWATER, FLORIDA Donor Profile: Name of individual or organization donating proposed artwork/object. For organizations please state the contact person's name: Name: Address: Phone/Fax: E-mail/Website: Description of group/organization: Reason for donating artwork/object: CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item~cB4 Attachment number 1 Page 104 of 147 Tax implications, if any: Please describe the artwork and/or commemorative gift being proposed for donation. Attach photographic and other documentation relevant to its aesthetic value or merit. Please also attach any biographical information relating to the artist, or any published material relevant to the artwork. Artist: Title: Medium: Year: Dimensions (height x width x depth): Overall description of artwork/object: CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item~134 Attachment number 1 Page 105 of 147 Exhibition history of artwork or history of object (provenance): How did you/your organization acquire the artwork/object? Estimated value: $ Appraising agency: Name of agent: Address: Phone / Fax: Condition of artwork/object: _ Excellent Good Fair Poor CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item~:.B4 Attachment number 1 Page 106 of 147 Installation requirements (methods of attachment, installation, lighting, amenity requirements, etc.) Maintenance requirements (initial maintenance and continued conservation programs) If you are proposing to install the artwork/object in a specific location, please describe why you feel that your chosen site is appropriate for the proposed donation. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item ~334 Attachment number 1 Page 107 of 147 Is the artwork/object a commemorative or memorial gift meant to acknowledge a person(s), place, or event that represents broad community values and has timeless qualities that are meaningful to future generations? What stipulations, considerations, or modifications are to be placed on the acceptance of this proposed gift? CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item ~434 Attachment number 1 Page 108 of 147 APPENDIX G - DE-ACCESSION POLICY The term deaccession applies to the disposition or exchange of public artworks no longer appropriate for display and to the process by which title to the artwork is transferred from one institution or individual to another institution or individual, or otherwise disposed of. The City of Clearwater reserves the right to deaccession works of art in its public art collection in the best interest of the public and as a means of improving the overall quality of the City's public art collection. All meetings of the Public Art and Design Board, including meetings in which artworks are recommended for deaccession from the City's public art collection are open to public attendance. Removing artwork from the City's public art collection by deaccession should be cautiously applied only after careful and impartial evaluation of the artwork as to avoid the influence or fluctuations of taste and the premature removal of a work from the collection. The procedures within this Deaccession Policy have been assembled with the intent of providing a manual of best practices to be adhered to by the Public Art and Design Board before, throughout and during the deaccession process. All proceeds from the sale or auction of an artwork will be deposited in the Public Art Fund. Criteria for Deaccession of Artworks: While the intent of the City's acquisition of artwork is for a permanent or other lifespan, circumstances and/or conditions may arise that make it prudent for the Public Art and Design Board, on behalf of the public interest, to remove an artwork from public display. While in general, it shall be the policy of the Public Art and Design Board not to remove an artwork from display or relocate it prior to the artwork having been in place for at least five (5) years, unless public safety or other technical circumstances are involved, The Public Art and Design Board may remove artwork at any time as deemed necessary. Notwithstanding any other provision in this policy, if, in the judgment of a majority of the full City Council an artwork is deemed to be detrimental to the public interest due to content or controversy, it may be removed immediately from public display and deaccessioned as per the procedures within this policy. In order for an artwork to be considered for permanent removal or deaccession one or more of the following conditions must apply: . The artwork presents a threat to public safety; . The condition or security of the artwork cannot be guaranteed, or the City cannot properly care for or store the artwork; . The artwork requires excessive or unreasonable maintenance; . The artwork has serious or dangerous faults in design or workmanship; CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item~534 Attachment number 1 Page 109 of 147 . The condition of the artwork requires restoration in excess of its monetary value or is in such a deteriorated state that restoration would prove either unfeasible, impractical or would render the work essentially false; . The Artist or Artist's agent has breached a term of an agreement entered into for purposes of acceptance and/or display of the artwork; . The artwork is of poor quality or isjudged to have little aesthetic and/or historical or cultural value; . No suitable site for the artwork is available; . A similar but superior example exists in the collection; . The artwork is a forgery; . The site for the artwork has become inappropriate or is no longer accessible to the public, it is unsafe, or it is due to be demolished; . Significant changes in the use, character, or actual design of the site require re- evaluation of the relationship of the artwork to the site; . Significant, adverse public reaction is documented over an extended period of time; . The work can be sold to finance, or can be traded for, a work of greater importance by the same artist; . A written request from the artist has been received to remove the work from public display; or . The work is not, or is rarely displayed. Public Art and Design Board: The Public Art and Design Board shall preside over meetings regarding the deaccession of artworks from the City's public art collection and make proper recommendations to the City Council regarding the Board's decision to remove an artwork from the City's collection. As provided in Ordinance NO.7 489-05 the Public Art and Design Board consists of seven (7) members who shall be appointed by the City Council. Each member of the Board shall be appointed for a term of four (4) years, and no members shall serve more than two (2) consecutive terms. In 2006, four (4) members will be appointed to serve for a four (4) year term, and three (3) members for a three (3) year term. Whenever a vacancy shall occur, a successor shall be appointed in like manner to serve for the remainder of such term. The Board is composed of the following members: One (1) Clearwater Arts Foundation member; One (1) Pinellas County Cultural Affairs Department staff, or designee; One (1) architect, landscape architect, urban planner, or related design professional who is a City resident; One (1) active professional artist who is a City resident; Three (3) private citizens who are City residents and are knowledgeable in the field of public art, education, or community affairs. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item~634 Attachment number 1 Page 110 of 147 Further information regarding the Public Art and Design Board administration and responsibilities is provided in Ordinance NO.7 489-05 and the Public Art & Design Program Guidelines, Section 5.4. Review Process: For any artwork being recommended for deaccession the Clearwater Cultural Affairs staff must follow these procedures: 1. Prepare a report which indicates: . Title, artist, medium, dimensions and present location of the artwork; . Acquisition method and purchase price; . Any restrictions that may apply to the specific work based on review of contract; . Origin; . Digital images, photographs or slides of the artwork; . Detailed report on the condition of the artwork; . Appraised value of the work by two independent consultants, if obtainable; . Copy of title and other ownership documents for the artwork; . Justification for deaccession, conforming to the terms and criteria of the Deaccession Policy; . Documentation of correspondence, press or other evidence of public debate documenting extended adverse public reaction; . Suggested methods of deaccession (sale, transfer, auction, disposal); . Alternatives to deaccession and costs of doing so. 2. Notify in writing the artist, or donor, the circumstances prompting the review for deaccession. 3. Discuss the circumstances of deaccession with the department which retains possession of the artwork and document that department's input on the decision. 4. Seek additional information regarding the artwork from the artist, art galleries, curators, appraisers or other professionals, if necessary. The report produced in Step 1 shall then be presented to the Public Art and Design Board for action at a regular public meeting. Any recommendation to deaccession an artwork shall be made by the Public Art and Design Board and shall require a majority vote of the full membership of the Board. The Board shall then advertise the vote on the motion for deaccession at the next regular meeting. An artist or donor whose artwork is being considered for deaccession shall be notified in advance of the meeting and shall be invited to speak on behalf of themselves and the artwork. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item~i34 Attachment number 1 Page 111 of 147 Methods of Deaccession: The Public Art and Design Board may recommend any of the following courses of action as a result of the report of the Staff/Board Report and the discussion of deaccession at the Public Art and Design Board meeting. Final approval for deaccession of any artworks from the City's public art collection valued below $25,000 will be the decision of the Public Art and Design Board with City Manager approval. Deaccession of artwork valued at $25,000 or more shall be granted by City Council. The Public Art and Design Board shall not be limited to these methods of deaccession but may suggest alternatives appropriate to meet particular circumstances as they arise. If sold, all proceeds from the sale of public artworks shall be deposited into the Public Art and Design Fund to be used solely for the acquisition of new artworks for the City's public art collection. The preferred methods of deaccession are as follows: . Relocation of the artwork; (This method should be given the highest priority) . Removal of the artwork from public display and subsequent storage; . Sale or exchange of the artwork through the following means: . Offer the artist the right of first refusal to buy back the artwork at the current appraised value, or at a price to be negotiated; . Obtain a professional appraisal of the artwork's value and advertise for sale by auction; . Seek competitive bids for the purchase of the artwork. . Donate the artwork to another government or non-profit organization who will display the artwork within the City of Clearwater. . Dispose of the artwork using City surplus property procedures. Deaccession Procedures for Private Development Projects: In certain instances a private developer or property owner that has commissioned site-specific artwork through the Public Art and Design Program may face a need to deaccession the artwork from their property. The property owner may request that the artwork be removed from the site due to hardship with the approval of the Public Art and Design Board. Based on the conditions reported by the property owner, the Public Art and Design Board will progress through the standard deaccession process as followed for deaccessioning artworks from the City's public art collection. In addition, in the event there is a condition that occurs outside the reasonable control of the owner, such as an Act of God, then this provision may be implemented with the approval of the Board. Visual Artists Rights Act of 1990 (VARA): The City of Clearwater Deaccession Policy takes into account the Federal regulations set forth in the Visual Artists Rights Act of 1990 and its amendments in its decisions to deaccession CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item ~834 Attachment number 1 Page 112 of 147 artworks from the City's public art collection. The Visual Artists Rights Act, or VARA, states that "the significant or substantial distortion, mutilation, or other alteration to a pictorial, graphic, or sculptural work, which is publicly displayed, caused by an intentional act or by gross negligence, is a violation of the exclusive rights of the copyright owner where the author of the work is the copyright owner." For further information regarding VARA, see United States Code Annotated, Title 17. Copyrights, Chapter 1 - Subject Matter and Scope of Copyright, Current through P.L. 105-153, approved 12-17-97. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item~934 Attachment number 1 Page 113 of 147 APPENDIX H - IMAGES IN THIS REPORT Complete list of images pending Executive Summary . Clearwater Beach . Robin Brailsford . Santa Monica Art Tool: "Walk on L.A.", Carl Cheng, 1988 commissioned by the Santa Monica Cultural Affairs Division . Singing Beach Chairs, Doug Hollis, Santa Monica, CA, 1986, commissioned by the Santa Monica Cultural Affairs Division Introduction . Clearwater Beach . Embarcadero, San Francisco, CA . Stephen Farley, Tucson, AZ Project Opportunities . Coachman Park . Mary Miss . Martin Puryear . Scott M u rase Public Art in Private Development . Cleveland Street . Mall B Installation, Brian Tolle, Cleveland, OH, August 2004 - September 2006, Commissioned by Cleveland Public Art . You, Aristotle Georgiades and Gail Simpson, Navy Pier, Chicago, Project Priorities . Crest La ke Pa rk . Dark Star Park, Nancy Holt, Arlington, VA . Red Horizontal, Vancouver, BC . Petroglyph Medallions, Phoenix AZ Action Plan . Joe DiMaggio Field . Frisco Flier, Larry Kirkland, Frisco, TX, 2006, Commissioned by the City of Frisco Public Art Program, $350,000 . Ralph Helmick CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item :9icB4 Attachment number 1 Page 114 of 147 Programmatic and Policy Recommendations . Ream Wilson Trail . Kate Petley . Dreamboats of Eastlake, Stuart Keeler and Michael Machnic with Linda Beaumont Appendices . Library . Fire Station 5, Mario Miguel Echevarria and Chris Mcintire, Frisco, TX, 2006, Commissioned by the City of Frisco Public Art Program, $25,000 . Jardines Del Cielo, Mauricio Robalino, West Hill Community Center, Seattle, WA, 1998, Commissioned by King County Cultural Affairs . Spirit Gate, Bill Gould and Glen Rogers, San Jose, CA, 2000 CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item:9i134 Attachment number 1 Page 115 of 147 APPENDIX I - HISTORICAL DATA AND PRIVATE DEVELOPMENT FUND PROJ ECTIONS The following charts were produced from records obtained from the Development and Neighborhood Services Department and represent historical data of private development projects valued at, and greater than, $5 million during the years 2000-2006. Each year's chart features two data columns, a projection of both 1% for Art allocation and 0.75% In-lieu of Art, to provide a visual estimate of the impact of the Public Art and Design Program if it had existed in a historical context. Each column assumes 100-percent participation for each option and does not reflect a variance in the choices of private developers. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item :9i:.B4 Attachment number 1 Page 116 of 147 Historical Data for Private Development Projects with Values Greater than $5 million (2000-2006) Year Number of Projects Average Project Value Total Value 2000 6 $15,254,250 $91,525,500 2001 3 $9,860,000 $29,580,000 2002 7 $12,930,714 $90,515,000 2003 6 $8,441,962 $50,651,775 2004 5 $14,498,820 $72,494,100 2005 5 $10,493,690 $52,468,450 2006 9 $34,600,222 $311,402,000 $50,000,000 $350,000,000 $300,000,000 $250,000,000 $200,000,000 $150,000,000 $100,000,000 $0 CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item :1#334 Attachment number 1 Page 117of147 Historical Data for Estimated Public Art Contributions from Private Development Projects with Values Greater than $5 million (Year 2000) 0.75% In-lieu Year Project Value 1% for Art Allocation of Art 2000 $14,000,000 $140,000 $105,000 $11,500,000 $115,000 $86,250 $27,494,000 $200,000 $200,000 $12,000,000 $120,000 $90,000 $17,800,000 $178,000 $133,500 $8,731,500 $87,315 $65,486 TOTAL $91,525,500 $915,255 $680,236 $200,000 $180,000 $160,000 $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 $0 1 % for Art 0.750/0 In-lieu of Art CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item :1#434 Attachment number 1 Page 118 of 147 Historical Data for Estimated Public Art Contributions from Private Development Projects with Values Greater than $5 million (Year 2001) 0.75% In-lieu of Year Project Value 1 % for Art Allocation Art 2001 $14,800,000 $148,000 $111,000 $5,380,000 $53,800 $40,350 $9,400,000 $94,000 $70,500 TOTAL $29,580,000 $295,800 $221,850 $160,000 $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 $0 1 % for Art 0.750/0 In-lieu of Art CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item :1#534 Attachment number 1 Page 119 of 147 Historical Data for Estimated Public Art Contributions from Private Development Projects with Values Greater than $5 million (Year 2002) Year Project Value 1 % for Art Allocation 0.75% In-lieu of Art 2002 $13,800,000 $138,000 $103,500 $5,900,000 $59,000 $44,250 $14,500,000 $145,000 $108,750 $22,000,000 $200,000 $165,000 $22,750,000 $200,000 $170,625 $5,565,000 $55,650 $41,737 $6,000,000 $60,000 $45,000 TOTAL $90,515,000 $905,150 $678,862 $200,000 $180,000 $160,000 $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 $0 1 % for Art 0.750/0 In-lieu of Art CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item :1#634 Attachment number 1 Page 120 of 147 Historical Data for Estimated Public Art Contributions from Private Development Projects with Values Greater than $5 million (Year 2003) 0.75% In-lieu Year Project Value 1 % for Art Allocation of Art 2003 $8,000,000 $80,000 $60,000 $6,281,000 $62,810 $47,107 $6,247,000 $62,4 70 $46,852 $17,623,775 $176,237 $132,178 $7,500,000 $75,000 $56,250 $5,000,000 $50,000 $37,500 TOTAL $50,651,775 $506,517 $379,888 $180,000 $160,000 $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 $0 1 % for Art 0.750/0 In-lieu of Art CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item:9ii34 Attachment number 1 Page 121 of 147 Historical Data for Estimated Public Art Contributions from Private Development Projects with Values Greater than $5 million (Year 2004) Year Project Value 1 % for Art Allocation 0.75% In-lieu of Art 2004 $18,402,100 $184,000 $138,015 $6,842,000 $68,420 $51,315 $12,000,000 $120,000 $90,000 $5,250,000 $52,500 $39,375 $30,000,000 $200,000 $200,000 TOTAL $72,494,100 $624,941 $518,705 $200,000 $180,000 $160,000 $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 $0 1 % for Art 0.750/0 In-lieu of Art CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item :9i834 Attachment number 1 Page 122 of 147 Historical Data for Estimated Public Art Contributions from Private Development Projects with Values Greater than $5 million (Year 2005) Year Project Value 1 % for Art Allocation 0.75% In-lieu of Art 2005 $5,000,000 $50,000 $37,500 $9,750,000 $97,500 $73,125 $6,500,000 $65,000 $48,750 $25,000,000 $200,000 $187,500 $6,218,450 $62,184 $46,638 TOTAL $52,468,450 $474,684 $393,513 $200,000 $180,000 $160,000 $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 $0 1 % for Art 0.750/0 In-lieu of Art CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item :1#934 Attachment number 1 Page 123 of 147 Historical Data for Estimated Public Art Contributions from Private Development Projects with Values Greater than $5 million (Year 2006) Year Project Value 1% for Art Allocation 0.75% In-lieu of Art 2006 $48,500,000 $200,000 $200,000 $5,000,000 $50,000 $37,500 $20,300,000 $200,000 $152,250 $21,700,000 $200,000 $162,750 $33,740,000 $200,000 $200,000 $29,764,000 $200,000 $200,000 $70,000,000 $200,000 $200,000 $77,000,000 $200,000 $200,000 $5,398,000 $53,980 $40,485 TOTAL $311,402,000 $1,503,980 $1,392,985 $200,000 $180,000 $160,000 $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 $0 1 % for Art 0.750/0 In-lieu of Art CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item:Jt!cB4 Attachment number 1 Page 124 of 147 APPENDIX J - PUBLIC ART AND DESIGN ORDINANCE NO. 7489-05 ORDINANCE NO 7489-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA AMENDING THE COMMUNITY DEVELOPMENT CODE; CREATING ARTICLE 3, DIVISION 24, COMMUNITY DEVELOPMENT CODE, CONSISTING OF SECTIONS 3-2401 THROUGH 3-2407; ESTABLISHING A PUBLIC ART AND DESIGN PROGRAM; PROVIDING DEFINITIONS; ESTABLISHING THAT PUBLIC ART AND DESIGN FUNDS ARE TO BE USED FOR PUBLIC ART PURPOSES; AUTHORIZING THE ALLOCATION OF CERTAIN FUNDS IN THE CONSTRUCTION AND RENOVATION OF ELIGIBLE CITY BUILDING PROJECTS AND ELIGIBLE PRIVATE DEVELOPMENTS; PROVIDING FOR OWNERSHIP AND MAINTENANCE; CREATING ARTICLE 5, DIVISION 11, CONSISTING OF SECTIONS 5-1101 THROUGH 5-1105; ESTABLISHING A PUBLIC ART AND DESIGN BOARD TO ADMINISTER THE PROGRAM; PROVIDING AN EFFECTIVE DATE. WHEREAS, over three hundred communities throughout the United States have implemented public art programs committing to the placement of public art in urban environments; and WHEREAS, the City of Clearwater ("City") recognizes that a superior and diverse aesthetic character of the City's built environment is vital to the quality of the life of its citizens, the economic success of its businesses, an attraction for visitors and a benefit to tourism; and that a public art and design program would contribute to the aesthetic enhancement of the community; and WHEREAS, the City shall create a public art and design program that reflects and enhances the City's diversity, character and heritage through the artworks and designs by artists integrated in the architecture, infrastructure and landscape throughout Clearwater on public and private property; and WHEREAS, the City's public art & design program shall promote and unite the community through art; bring public art and art education to the entire community; create public arts community partnerships linking across lines of race, ethnicity, age, gender, profession, and economic levels; and WHEREAS, the Community Development Board of the City of Clearwater has reviewed, and made a recommendation regarding adoption of this Ordinance, and the City Council of the City of Clearwater has held public hearings and deems it to be in the public's interest to promote the welfare and advancement of the community through the creation of the Public Art and Design Program; and WHEREAS, it is the purpose of the City of Clearwater to promote the health, safety, general welfare and quality of life in the City; to guide the orderly growth and development of the City; to establish rules of procedure for land development approvals; to enhance the character of the City and the preservation of neighborhoods; to make the beautification of the City a matter of the highest priority; to require that existing and future uses and structures in the City are attractive and well-maintained to the maximum extent permitted by law; and to enhance the quality of life of all residents and property owners of the City through the City's Development Code and Comprehensive Plan; now, therefore, CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item:Jt!134 Attachment number 1 Page 125 of 147 BE IT ORDAINED BYTHE CITY COUNCIL OF CLEARWATER, FLORIDA: Section 1. Division 24, Community Development Code, consisting of Sections 3-2401 through 3-2407, is hereby created to read as follows: Section 3-2401. Public Art and Design Program. The City of Clearwater recognizes that providing for public art and enhancing the appearance of buildings and spaces provides benefits to the community by expanding the historical, cultural, and creative knowledge of citizens. In keeping with its concern for the arts and quality of its environment, not less of 1% of the Total Construction Budget of each eligible City capital project shall be allocated as the City Public Art Contribution for the incorporation of public works of art. Further, eligible private development projects shall also allocate not less than 1% of the Aggregate Job Value for on-site public art to enhance the visual appeal of the project and City. An in-lieu-of contribution to the City's Public Art and Design Program, provided for herein, will also satisfy this requirement. Section 3-2402. Definitions. The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Division, except where the context clearly indicates a different meaning: AFFORDABLE HOUSING means housing development, which is supported in whole or part with funds from the Housing Division of the City's Economic Development and Housing Department. AGGREGATE JOB VALUE means the total of all construction costs associated with a particular site plan project regardless of the number of permits associated with the project, or whether it is a phased project. Construction costs include all labor, structural materials, plumbing, electrical, mechanical, infrastructure, and site work. ANNUAL PUBLIC ART AND DESIGN PLAN means an itemized and prioritized list of anticipated art projects including the objectives, design approach, budgets and scheduling for the upcoming year. The annual public art and design program shall be developed by the public art and design board in consultation with City staff and shall be presented to the City Council for approval during its annual budget review process. ARTIST OR PROFESSIONAL ARTIST means a practicing fine artist, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include, but are not limited to, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, receipt of honors and awards, and training in the arts. ARTWORK OR WORKS OF ART means tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all forms of visual art conceived in any medium, material, or combination thereof, including paintings, sculptures, statues, engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs, video projections, digital images, bas-relief, high relief, fountains, kinetic, functional furnishings such as artist designed seating and pavers, architectural elements designed by an artist, and artist designed landforms or landscape elements. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item :Jt!:.B4 Attachment number 1 Page 126 of 147 ELIGIBLE CITY CAPITAL IMPROVEMENT PROJECTS means projects included in the approved Clearwater Capital Improvement Program, commencing with the City's Fiscal Year 2006/07 budget, for any new facility construction or renovation projects equal to or greater than $500,000 including but not limited to buildings, greenways, roads, parking facilities, bridges or other above-ground projects. Specifically excluded from this definition are street resurfacing, major drainage, wastewater, below-grade utilities, annual repair and replacement projects and any other project where the funding source is restricted from being used for the purchase of public art. PUBLICLY ACCESSIBLE means locations that are open to the general public during normal business hours and visible by the general public at all times. PUBLIC ART AND DESIGN BOARD means the entity appointed by the City Council to establish policy and administer the Public Art and Design Program. PUBLIC ART AND DESIGN MASTER PLAN means a master plan established by the Public Art and Design Board in cooperation with City staff. This plan will establish criteria, policies, and priorities for the Public Art and Design Program. The Public Art and Design Master Plan will be subject to City Council approval. RENOVATION PROJECTS means those projects requiring a City building permit where 50% or more of the building footprint is being modified, rebuilt or improved by construction. TOTAL CONSTRUCTION BUDGET means the final approved budget amount for all Eligible City Capital Improvement Projects as submitted and approved by the City Council in the City's annual Capital Improvement Program Budget. Section 3-2403. Public Art and Design Funds. 1. The City shall maintain a separate accounting of monies received for the Public Art and Design Program which shall consist of the following: a. Allocations received from Eligible City Capital Improvement Projects; b. Allocations received from private development; c. All funds donated to the City for public art; d. Other funds allocated by the City through the budgetary process. 2. Public art and design monies shall be used solely for expenses associated with the selection, commissioning, acquisition, installation, maintenance, administration, removal and insurance of the works of art or public education in relation thereto. Such funds shall be administered by the City. Custody of the public art and design funds shall at all times remain with the City and all City policies and procedures shall be strictly adhered to regarding the oversight of such funds. 3. Programming of public art and design expenditures shall be included in the annual capital budget of the City as recommended by the Public Art and Design Board or as may otherwise be approved by the City Council. 4. Interest earned on funds for the Public Art and Design Program that was allocated from private development or donated from outside donors shall be deposited into the Public Art and Design Program accounts. Unless otherwise required by law, interest earned on funds received from or allocated by the City from Capital Improvement Projects or other funds shall be returned to the original funding source (Penny for Pinellas, general fund, etc.). All funds shall be used only as permitted by law. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item :Jt!334 Attachment number 1 Page 127 of 147 5. Ten Percent (10%) of all non-restricted Public Art and Design Program funds which are applied to City-owned public art projects shall be deposited into a Public Art and Design Program maintenance account. The maintenance account shall be administered as a Public Art and Design Program fund as set forth herein. Section 3-2404. Appropriation of City Capital Improvement Project (CIP) Funds. 1. Commencing with City of Clearwater Fiscal Year 2006/07, all appropriations for Eligible City Capital Improvement Projects shall include a City Public Art Contribution of not less than one percent (1%) of the Total Construction Budget before the addition of the public art cost but not to exceed the sum of two hundred thousand dollars ($200,000.00) per project, subject to the City budgeting and appropriating such funds. If the funding source for the project is not legally permitted to be used for artwork or specifically prohibits the use of the monies for designed elements exposed to public view, then for the purpose of calculating the amount of the City Public Art Contribution for the project only, the Total Construction Budget shall be reduced by that portion of the funding so restricted. 2. All appropriations for public art will be used solely for Public Art and Design. 3. Funds appropriated from the budget for one capital improvement project, but not deemed necessary or appropriate for that project, may be used for other areas in the City prioritized by the Public Art and Design Master Plan and as permitted by law and in accordance with restrictions on the original funding source. 4. The City Council shall review and approve a Public Art and Design Master Plan, and amendments thereto, to be prepared by City staff and the Public Art and Design Board, for the expenditure of funds appropriated and fees collected for Public Art. The annual Public Art and Design Program shall be developed by the Public Art and Design Board in consultation with City staff and shall be presented to the City Council for approval during its annual budget review process. Section 3-2405. Public Art and Design Allocations for Private Construction Projects and Developments. 1. All projects and developments, as listed below, which are submitted for building permits must allocate not less than one percent (1%) of the Aggregate Job Value up to the sum of two hundred thousand dollars ($200,000.00) per project for the provision of public art. a. New construction of, or Renovation Projects related to commercial, industrial, mixed-use projects and developments, and residential projects and developments, any of which equal or exceed an Aggregate Job Value of $5 million dollars ($5,000,000). If renovations affect multiple structures on a project site, which may be permitted separately, the Aggregate Job Value is based on the construction valuation of all permits for the site. 2. When a project is subject to the requirement of a public art allocation, the developer shall have two options: a. The developer may contract with a professional artist to create a permanent public artwork as part of the development project. Artworks must be located in CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item :Jt!434 Attachment number 1 Page 128 of 147 publicly accessible locations. If desired, support will be available from both City staff and the Public Art and Design Board to assist in the selection of an artist. Before contracting with the artist, the property owner will submit for approval by the Public Art and Design Board the artist qualifications, the artist's proposal, a statement of how the project satisfies the parameters of the Public Art and Design Program, and a budget reflecting that the allocation of funds required by the Program has been met. Such artwork may include amenities such as streetscapes, paving treatments, architecturally integrated water features as well as mosaics, murals, or sculpture, etc. The artwork must be completed or commissioned before a certificate of occupancy will be issued. b. In lieu of an on-site project, a developer may contribute .75% of the Aggregate Job Value to the City's Public Art and Design Program. This in lieu fee must be paid prior to the issuance of building permit. 3. Excluded from this requirement shall be: a. Projects with an Aggregate Job Value under $5,000,000. b. Residential developments of new construction for affordable housing. c. Eligible Projects pending approval for a building permit that have submitted a complete application prior to October 1, 2006 provided that: 1. The application is approved within six (6) months of the date of application. 2. Construction begins within six (6) months of the issuance of such approval and is diligently pursued to completion. Section 3-2406. Ownership and Maintenance. 1. Ownership of all works of art acquired on behalf of the City shall be vested in the City, which shall retain title to each work of art. 2. All contracts for artwork that will be acquired or accepted for ownership by the City must be reviewed and approved by the City's legal department. 3. Ownership of all works of art incorporated into private construction projects shall be vested in the property owner who shall retain title to each work of art. If the property is sold, the seller may either include restrictions in the deed that require maintenance of the artwork and prevent its removal from the property, transfer ownership of the artwork to the City of Clearwater to be maintained as a public artwork, or remove the artwork and make a contribution to the Public Art and Design Fund in an amount equal to .75% of the initial Aggregate Job Value. If the title is passed to a subsequent owner and, as a result, a deed restriction exists as to the artwork, the subsequent owner shall maintain the artwork in accordance with applicable law or other established guidelines. The artwork cannot be altered, modified, relocated or removed other than as provided herein without the prior approval of the Public Art and Design Board. 4. Property owners will be required to maintain the work of art in good condition in the approved location, required by law or other applicable CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item:Jt!534 Attachment number 1 Page 129 of 147 guidelines including but not limited to normal code enforcement rules, to ensure that proper maintenance is provided. 5. The owner may request that the artwork be removed from the site due to hardship with the approval of the Public Art and Design Board. In addition, in the event there is a condition that occurs outside the reasonable control of the owner such as an Act of God, then this provision may be implemented with the approval of the Board. Section 2. Division 11, Community Development Code, consisting of Sections 5-1101 through 5-1105, is hereby created to read as follows: DIVISION 11. Public Art and Design Board. Section 5-1101. Creation. There is hereby created the Public Art and Design Board of the City of Clearwater. Section 5-1102. Composition. The Public Art and Design Board shall consist of seven members; one member of the Clearwater Arts Foundation, one Pinellas County Arts Council member, or designee, one landscape architect, architect, urban planner, or related design professional, one active professional artist, and three private citizens who are knowledgeable in the field of public art, education, or community affairs. Representatives of the Clearwater Arts Foundation and the Pinellas County Arts Council shall be nominated by their respective organizations. Section 2.063, Code of Ordinances notwithstanding, the Clearwater Arts Foundation and the Pinellas County Arts Council representative shall not be required to reside within the City of Clearwater. Section 5-1103. Powers and Duties. The Public Art and Design Board shall administer the Public Art and Design Program. The purpose, functions and responsibilities shall be as follows: a. Develops guidelines, selection procedures and organizational policies to facilitate this chapter. b. Prepares Public Art and Design Master Plan in concert with City staff to establish criteria, policies, and priorities for the Public Art and Design Program. c. Prepares an annual Public Art and Design Plan for the expenditure of the public and private monies in the Public Art Program for approval by the City Council during the annual budget review process. d. Related to City construction projects, in concert with City staff, is responsible for working with appropriate department in program planning; designating sites; determining project scope and budget; managing the artist selection process; commission artworks; approve design, execution and placement of artworks; and overseeing maintenance of the artworks and the process for removal of artworks from the City's public art collection. The Public Art and Design Board selects the artwork. Approvals for purchase are then guided by City purchasing requirements. e. Related to Private Development projects, assists the private developer, in concert with City staff, with the artist selection process if requested. The Board will approve the project to ensure that it meets the Public Art and Design Program guidelines. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item:Jt!634 Attachment number 1 Page 130 of 147 f. Recruits professionals in the visual arts and design fields to serve in the artist selection process in order to ensure works of highest quality. g. Ensures appropriate community participation in this process and public education activities as part of the public art projects. h. Coordinates, investigates, reviews and recommends to the City Council other means by which artworks may be obtained, including donations to the Public Art and Design Program, and grant applications for public art projects. i. Administers the City's donation policy for artwork. j. Encourages public art throughout the City and shall educate and stimulate the participation of all citizens in a joint public and private effort to promote art in public places. Section 5-1104. Terms of Office of Members; Officers; Rules: a. Members of the Public Art and Design Committee shall be appointed by the City Council to serve for a term of four years, staggered such that not more than three terms shall expire in any calendar year. A member shall serve not more than two consecutive complete terms. Once a person has served two full and consecutive terms on the Board, that person shall not be eligible for reappointment to the Board for a length of time equal to one full term on the Board. b. The Board shall annually select a chair and such other officers as the Board may find necessary, from its membership c. The Board may adopt such rules of procedure as the Board finds necessary, which shall not be in conflict with state law or ordinances of the City. d. The Board shall meet at such times as the Board may find necessary but not less often than quarterly. e. Board members shall not be compensated. Section 5-1105. Removal of members. The City Council shall have the power to remove any members of the Board for misconduct or neglect of duty. In addition, the City Manager shall have the power to remove any member because of the excessive absence of the member from the meetings of the Board as defined in Section 2.066. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING September 15. 2005 PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED October 6, 2005 Frank V. Hibbard Mayor Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item:Jt!i34 Attachment number 1 Page 131 of 147 APPENDIX K - PUBLIC ART AND DESIGN PROGRAM GUIDELINES CITY OF CLEARWATER These guidelines have been developed by the Public Art and Design Board in cooperation with the Cultural Affairs staff with the purpose of establishing procedures for the implementation of the Public Art and Design Program. 1.0 BACKGROUND On October 6,2005, the City of Clearwater passed Ordinance NO. 7489-05 establishing a public art requirement on eligible City capital improvement projects of $500,000 or more and private development projects with an aggregate job value of at least $5 million. Developers may either allocate 1 percent of their construction costs for an on-site public art project or they may contribute 0.75 percent to a City Public Art and Design Fund. There is a maximum required art expenditure of $200,000. The ordinance becomes effective October 1, 2006. 2.0 PURPOSE Public art contributes significantly to economic vitality by improving the quality of the environment and fostering a positive community identity. Artists can be valuable members of planning or design teams and resources in the revitalization of neighborhoods and redevelopment areas. The purpose of the Public Art and Design Program is to enhance Clearwater for those who live and visit here and contribute to a legacy for generations to come. 3.0 GOALS AND OBJECTIVES The City of Clearwater's Public Art and Design Program is committed to the highest artistic standards and to the broadest involvement of artists and citizens. Specifically, the Public Art and Design Program seeks: 3.1 To encourage the creation of quality public works of art throughout Clearwater by locally, regionally, nationally, and internationally recognized artists; 3.2 To promote tourism and the economic vitality of the City through the enhancement of public spaces; 3.3 To integrate the work of artists into the design of eligible City and private development projects; 3.4 To increase opportunities for citizens and artists to participate in the design and appearance of our city; 3.5 To enhance the climate for artistic creativity in Clearwater. 4.0 DEFINITIONS 4.1 Accession: The procedure used to accept and record artwork as part of the City's public art collection. 4.2 Acquisition: The accession of an artwork into the City's public art collection, whether by commission, purchase, gift or other means. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item :Jt!834 Attachment number 1 Page 132 of 147 4.3 Affordable Housing: Housing development, which is supported in whole or part with funds from the Housing Division of the City's Economic Development and Housing Department. 4.4 Aggregate Job Value: The total of all construction costs associated with a particular site plan project, regardless of the number of permits associated with the project, or whether it is a phased project. Construction costs include all labor, structural materials, plumbing, electrical, mechanical, infrastructure, and site work. 4.5 Annual Public Art and Design Plan: A plan that outlines the expenditure of funds from the Public Art and Design Fund for the fiscal year. This Plan coincides with capital improvement project planning and budgeting and is submitted for City Council approval. The Plan identifies projects and recommends the public art process. 4.6 Artist: A practicing fine artist, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include, but are not limited to, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, receipt of honors and awards, and training in the arts. 4.7 Artwork: Tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all forms of visual art conceived in any medium, material, or combination thereof, including paintings, sculptures, statues, engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs, video projections, digital images, bas-relief, high relief, fountains, kinetic, functional furnishings such as artist designed seating and pavers, architectural elements designed by an artist, and artist designed landforms or landscape elements. 4.8 Cultural Affairs Staff: Employees assigned to the Cultural Affairs Division within Parks & Recreation Department. 4.9 Deaccession: The procedure followed to remove an artwork from the public art collection. 4.10 Design Team: The collaborative team that includes, but is not limited to, an artist and at least one other design professional, such as an architect, landscape architect, or engineer. 4.11 Design Professional: A practicing design professional, such as an architect, landscape architect, or engineer, generally recognized by critics and peers as a professional of serious intent and ability. 4.12 Eligible City Capital Improvement Projects: Projects included in the approved Clearwater Capital Improvement Program, commencing with the City's Fiscal Year budget, for any new facility construction or renovation projects equal to or greater than $500,000, including but not limited to buildings, greenways, roads, parking facilities, bridges or other above-ground projects. Specifically excluded from this definition are street resurfacing, major drainage, CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item:Jt!934 Attachment number 1 Page 133 of 147 wastewater, below-grade utilities, annual repair and replacement projects and any other project where the funding source is restricted from being used for the purchase of public art. 4.13 Maintenance Account: An account created for the maintenance and repair of artworks within the City's public art collection. Ten percent of all non-restricted Public Art and Design Program funds that are applied to City owned public art projects are deposited into this account. 4.14 Publicly Accessible: Locations that are open to the general public during normal business hours (9-5 pm) and must be able to view the artwork 24 hours a day. 4.15 Public Art: Artwork that is accessible to the public and created through a public process that considers the social and physical context of the site and addresses the goals of the Public Art and Design Program. 4.16 Public Art Collection: Artwork acquired by the City through commission, purchase, gift, or other means. 4.17 Public Art and Design Fund: A separate accounting of monies received for the Public Art and Design Program consisting of funds received from eligible City capital improvement projects; private development; funds donated to the City for public art; and other funds allocated by the City through the budgetary process. 4.18 Public Art and Design Board: The seven-member board appointed by the City Council to administer the Public Art and Design Program. 4.19 Public Art and Design Program: The program created through Ordinance NO. 7849-05 requiring that 1 percent of the construction budget of eligible City capital improvement projects be allocated for public art. Private development projects with an aggregate job value of at least $5 million must also participate. Developers may allocate 1 percent of their construction costs for an on-site public art project or they may contribute 0.75 percent to a Public Art and Design Fund. There is a maximum required art expenditure of $200,000. 4.20 Public Art and Design Master Plan: A master plan established by the Public Art and Design Board in cooperation with City staff. This plan will establish criteria, policies, and priorities for the Public Art and Design Program. The Public Art and Design Master Plan is subject to City Council approval and shall be periodically reviewed. 4.21 Public Art Selection Panel: The individuals appointed by the Public Art and Design Board to recommend artists and propose artwork for a public art project. Generally includes artists, design professionals, arts administrators, and community or project stakeholders. 4.22 Public Art Specialist: A staff member of the Cultural Affairs Division within Parks & Recreation Department that administrates the Public Art and Design Program. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item~cB4 Attachment number 1 Page 134 of 147 4.23 Renovation Projects: Projects requiring a City building permit where 50% or more of the building footprint is being modified, rebuilt or improved by construction. 5.0 PROGRAM ADMINISTRATION AND RESPONSIBILITIES 5.1 The Clearwater City Council shall: 5.1.1 Appoint members to the Public Art and Design Board; 5.1.2 Approve agreement and contract forms for use in acquisition of artwork and design services; 5.1.3 Review and approve the Public Art and Design Master Plan; Approve Annual Public Art and Design Plan and expenditures through the annual budget review process. 5.2 The Cultural Affairs Staff shall: 5.2.1 Administer or hire a consultant to administer the provisions relating to artwork acquisition and display; 5.2.2 Facilitate meetings and communication of the Public Art and Design Board and Public Art Selection panels; 5.2.3 Develop and maintain a list of potential Public Art Selection Panelists; 5.2.4 Develop and maintain a registry of artists; 5.2.5 Create and submit project summary for call to artists; 5.2.6 Negotiate and administrate contracts with artists with review by City Attorney's office; 5.2.7 Maintain records and documentation of work accessioned into the public art collection; 5.2.8 Oversee maintenance and conservation of artworks, including the development of regular surveys of the condition of the public art collection; 5.2.9 Coordinate community participation and public education aspects of the public art process; 5.2.10 Facilitate and provide collateral materials, marketing, and promotional aspects of projects; CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item~134 Attachment number 1 Page 135 of 147 5.2.11 Review proposed gifts or long-term loans of artwork, and when appropriate, submit proposals to the Public Art and Design Board for approval; 5.2.12 Oversee the process of deaccessioning artworks from the public art collection; 5.2.13 Facilitate a program evaluation process. 5.3 The City Department with an eligible capital improvement project shall: 5.3.1 Provide the Cultural Affairs Staff with information on the capital improvement program, budgets and schedules; 5.3.2 Designate a departmental representative to participate in the artist selection process, when appropriate; 5.3.3 Provide contact information on the project architect of a capital improvement project to the Public Art Specialist. When appropriate, the project architect may be invited to help review the development of a public art project scope and the selection of the project artist. 5.4 The Public Art and Design Board, as provided in the Ordinance shall: 5.4.1 Develop guidelines, selection procedures and organizational policies to facilitate the Public Art and Design Program; 5.4.2 Prepare the Public Art and Design Master Plan in concert with City staff to establish criteria, policies, and priorities for the Public Art and Design Program; 5.4.3 Prepare an annual Public Art and Design Plan in concert with City staff for the expenditure of public and private monies in the Public Art and Design Fund for approval by the City Council during the annual budget review process; 5.4.4 Related to City construction projects, in concert with City staff, is responsible for working with appropriate department in program planning to designate sites; determine project scope and budget; manage the artist selection process; commission artworks; approve design, execution and placement of artworks; and oversee maintenance of the artworks and the process of deaccessioning artworks from the City's collection; 5.4.5 Related to private development projects, assist the private developer, in concert with City staff, with the artist selection process if requested; CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item~:.B4 Attachment number 1 Page 136 of 147 5.4.6 Review the project and its Public Art Plan to ensure that it meets the Public Art and Design Program requirements prior to issuance of occupational certificate; 5.4.7 Recruit professionals in the visual arts and design fields to serve in the artist selection process; 5.4.8 Approve the members of all Public Art Selection Panels; 5.4.9 Review and approve recommendations by the Public Art Selection Panel; 5.4.10 Reserve the right to reject the work recommended by the Public Art Selection Panel; 5.4.11 Review artworks for acceptance, prior to final payment to insure all requirements of the artist contract have been met; 5.4.12 Encourage appropriate community participation in this process and public education activities; 5.4.13 Coordinate, investigate, review and recommend to the City Council other means by which artworks may be obtained; 5.4.14 Develop and administer the City's Gift Policy for public artwork and the Deaccession Policy for public art; 5.4.15 May adopt such rules of procedure as the Board finds necessary, which shall not be in conflict with State law or ordinances of the City; 5.4.16 Periodically review ordinance, guidelines, and policies and if needed recommend changes to the City Council. PUBLIC ART AND DESIGN BOARD COMPOSITION As provided in Ordinance No. 7489-05, the public art and design board shall consist of seven (7) members who shall be appointed by the city council. Each member of the Public Art and Design Board shall be appointed for a term of four (4) years, and no members shall serve more than two (2) consecutive terms. In 2006, four (4) members will be appointed to serve for a four (4) year term, and three (3) members for a three (3) year term. Whenever a vacancy shall occur, a successor shall be appointed in like manner to serve for the remainder of such term. The Board shall be composed of the following members: One (1) Clearwater Arts Foundation member; One (1) Pinellas County Arts Council staff, or designee; One (1) architect, landscape architect, urban planner, or related design professional who is a City resident; One (1) active professional artist who is a City resident; CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item ~334 Attachment number 1 Page 137 of 147 Three (3) private citizens who are city residents and are knowledgeable in the field of public art, education, or community affa i rs. 5.5 The Public Art Selection Panel shall: 5.5.1 Be chaired by a Public Art and Design Board member; 5.5.2 Review the credentials, prior work, proposals and other materials submitted by artists for the project; 5.5.3 Approve all selections by a majority vote or consensus; 5.5.4 Reserve the option of making no selection from submitted applications and may reopen the competition or propose other methods of selection if no proposal is accepted. 5.5.5 Recommend to the Public Art and Design Board an artist or artists to be commissioned for the project, or who will be engaged to join the design team for the project, or whose existing work is to be purchased for the project; 5.5.6 Report Public Art Selection Panel recommendations to the Public Art and Design Board, outlining how the selection of the artist(s) was conducted and how the proposed artwork meets the criteria for the project; 5.5.7 Be sensitive to the public nature of the project, the values of the community, and the necessity for cultural diversity in the public art program. PUBLIC ART SELECTION PANEL COMPOSITION Each Public Art Selection Panel shall be appointed by the Public Art and Design Board, and shall serve for the duration of the selected project. The composition of each Public Art Selection Panel will depend on the nature of each project and site. However, the Public Art Selection Panel shall be composed of not less than five (5) voting members, including at least: One (1) member of the Public Art and Design Board; Two (2) artists or arts professionals (designer, curator, collector, public art administrator, etc.); One (1) representative from the City Department at which the project will be located; One (1) representative from the community. The Public Art Selection Panel may also include one or more non-voting advisors deemed appropriate by the Public Art and Design Board or the Cultural Affairs Staff. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item ~434 Attachment number 1 Page 138 of 147 5.6 The Artist(s) shall: 5.6.1 Submit credentials, visuals, proposals and/or project materials as directed for consideration by the Public Art Selection Panel; 5.6.2 Conduct necessary research, including attending project orientations and touring project sites, when possible; 5.6.3 If selected, execute and complete the artwork or design work, or transfer title of an existing artwork, in a timely and professional manner; 5.6.4 Work closely with the project manager and/or other design professionals associated with the project; 5.6.5 Submit to the Public Art and Design Board, or to the Public Art Specialist, as appropriate, any significant changes in the scope of the project, color, material, siting or design of the approved work; 5.6.6 When appropriate (as defined within each project contract), make public presentations, conduct community education workshops, or do a residency at an appropriate time and forum in the community where the artwork will be placed. 5.7 Conflicts of Interest 5.7.1 Artists (or members of their immediate families) serving as members of the Cultural Affairs Staff or Public Art and Design Public Art and Design Board may not be commissioned under, or receive any direct financial benefit from any City public art project during the term of their tenure on the Public Art and Design Board or Public Art Selection Panel. This restriction shall extend for a period of one year following Public Art and Design Board membership and shall extend indefinitely for any specific projects that were reviewed or otherwise acted upon during the artist(s)'s membership on the Public Art and Design Board. An artist(s) serving on a Public Art Selection Panel may not be considered for that project, but may be eligible for other projects. Any participation in Clearwater's public art processes requires that staff, members of the Public Art and Design Board and their advisors and representatives, and panel must declare any direct or indirect benefit to themselves, or their respective employers, partners, families or associates which may arise from the City's acquisition or deaccession of any public artwork or related activities, and will be required to remove themselves from such processes. 5.7.2 Artist Restrictions: Members of the project management, project architect or consulting firms, and employees of the City of Clearwater are ineligible for selection as the project artist(s). An artist is precluded from having his/her work considered for public art commission or project while serving on a Public Art Selection Panel or Public Art and Design Board. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item~534 Attachment number 1 Page 139 of 147 6.0 SELECTION OF ARTISTS Selecting the appropriate artists, whether to create a discreet artwork or to participate in a design collaboration, is the single most important decision in the public art process. Special care must be taken in all aspects of artist selection in order to ensure the best possible public art project, taking into accountthe goals of the project, the community served, the nature of the site, and the other members of the design team. 6.1 The Public Art and Design Board will review eligibility requirements for each project. 6.1.1 Artists will be selected on the basis of their qualifications as demonstrated by past work, appropriateness of the proposal to the particular project and its probability of successful completion. 6.1.2 Specifically excluded are artworks done by students under the supervision of art instructors or done to satisfy course requirements; artworks by the design architect (or other relevant professionals or members of the project design firm); artworks by City employees, and works by artists who are members of, or related to, staff or members of the Cultural Affairs Division, Public Art and Design Board, or the Public Art Selection Panel for the project. 6.1.3 In general, selection of artists will be without regard to race, gender, religion, ethnicity, or disability. 6.1.4 Typically, selections will involve commissioned work by living artists. In general, the purchase of existing works will not be considered, unless there are extraordinary circumstances that make this approach advisable for a particular project. 6.2 Methods for Selecting Artists 6.2.1 Open Competition (Request for Qualifications or Request for Proposals): An open competition is a "Call to Artists" for a specific project in which artists are asked to submit evidence of their past work. Any artist may submit credentials and/or proposals, subject to limitations established by the Public Art and Design Board. 6.2.2 Limited Competition: A limited number of artists shall be invited by the Public Art and Design Board or Public Art Selection Panel to submit credentials and/or proposals for a specific project. Artists shall be invited based on their past work and exhibited abilities to meet situations posed by particular project goals. 6.2.3 Direct Selection: At times, the Public Art and Design Board or Public Art Selection Panel may elect to make a direct selection in which they contact a specific artist for a particular project. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item~634 Attachment number 1 Page 140 of 147 6.2.4 Mixed Process: A mixed process includes any combination of the above approaches, including a Design Team approach. 6.3 Criteria for Selection of Artworks 6.3.1 Eligible Artwork Includes all forms of visual art conceived in any medium, material, or combination thereof: a. Sculpture: Freestanding, wall supported or suspended, statues, kinetic, electronic or mechanical in material or combination of materials; b. Murals or portable paintings: In any materials or variety of materials, with or without collage or the addition of nontraditional materials and means, including engravings, carvings, tapestries, and frescos murals; c. Earthworks, neon, glass, mosaics, photographs, prints, calligraphy, or any combination of forms of media, including sound, film, holographic, and video systems or projections, digital images, mobiles, hybrids of any media and new genres; d. Fixtures such as grates, street lights, signage, functional furnishings (ex. designed seating and pavers), fountains, landscape elements, architectural elements and other design enhancements as rendered by an artist(s) for unique or limited editions; e. Temporary1 or permanent artworks; f. Similar amenities as determined by the Public Art and Design Board. 6.3.2 Ineligible Artwork The following costs may not be expended for fulfilling public art requirements: a. Directional elements, except where these elements are integral parts of the original work of art, designed and/or executed by an artist(s); b. "Art objects" which are mass-produced of standard design such as playground equipment, fountains, or statuary objects; I Temporary artworks are not eligible fulfillments of the public art requirements for private developers, as per Ordinance 7498-05: "The developer may contract with a professional artistes) to create a permanent public artwork as part of the development project." CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item~i34 Attachment number 1 Page 141 of 147 c. Reproductions, by mechanical or other means, of original works of art, except in cases of film, video, photography, printmaking or other media arts; d. Decorative, ornamental, or functional elements that are designed by the project architect, landscape architects or their consultants; e. Landscape architecture and landscape gardening, except where the artist(s) designs these elements and/or are an integral part of the work of art by the artist. 6.4 Site and Artwork Selection Criteria Projects and acquisitions of artwork should further the purpose and goals of the Public Art and Design Program. 6.4.1 Site Selection Criteria Artwork sites for public projects are selected for aesthetic possibilities, maximum visibility and accessibility to the public and safety. Particular attention will be given to: a. prominent facades, major intersections, corridors and entrances to the City of Clearwater; b. complements to existing public artworks or public amenities in the local area, or fulfillment of a need identified in the community. 6.4.2 Selection criteria for Artists and Artwork The Public Art Selection Panel will apply the following criteria when selecting artists and artwork: a. Artistic Merit: Excellence of craftsmanship, originality and strength of concept and design, and integrity of materials used. b. Artist's Relevant Experience: Experience and professional record of artist(s) should provide convincing evidence of ability to successfully complete the project as proposed, including: i. Ability to execute and complete a project in a timely and professional manner. ii. Manage all aspects of the project including budgets, boards, sub-contractors, installers and other construction and administrative logistics. iii. Engage community representatives in a project; iv. Flexibility and problem-solving skills; v. Ability to work effectively in collaborative situations; CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item~834 Attachment number 1 Page 142 of 147 vi. Work with architectural drawings and construction documents; vii. Communicate effectively and elicit the ideas of team members. c. Budget: Adequate to cover all costs for the design, fabrication, insurance, transportation, storage, and installation of the proposed artwork, plus reasonable unforeseen circumstances. d. Context: Compatible in scale, material, form, and content with its surroundings including: the architectural, historical, environmental, geographical and socio-cultural context of the community, as well as the way people may interact with the artwork. e. Diversity: Artwork should represent diversity in style, scale, media and geographic distribution throughout the City of Clearwater. f. Durability of Materials: For permanent works of art, consideration should be given to the structural and surface soundness, inherent resistance to theft, vandalism, weathering, and excessive operational, maintenance or repair costs. g. Feasibility: The proposal is appropriate to the particular project and its probability of successful completion. h. Maintenance: Artist(s) should include recommended method and schedule for maintenance. It will be the policy of the Public Art and Design Program to encourage the design of public art that will require limited maintenance. i. Public Safety: Work and worksite shall be evaluated to ensure that it does not present a hazard to public safety. j. Timeline: A project timeline should incorporate design review, fabrication, delivery and installation in accordance with project schedule. 7.0 COLLECTION MANAGEMENT, MAINTENANCE, AND CONSERVATION 7.1 Project Identification, Documentation & Registration 7.1.1 A plaque stating the artist's name and artwork title shall identify each artwork and the date it was dedicated. The plaque will be placed in an appropriate location near the artwork that can be easily viewed by pedestrians. 7.1.2 All projects must be fully documented including artist, media, methods of construction and installation, along with project maintenance details, which will be registered in the City's Public Art Collection. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item~934 Attachment number 1 Page 143 of 147 7.2 Maintenance and Conservation 7.2.1 Routine maintenance of public art located on City of Clearwater property will be the responsibility of the City Department that maintains the facility and/or site where the art is located. Suggested maintenance will be outlined in the artist's contractual agreement. The City Department must notify the Public Art Specialist or Cultural Affairs Staff immediately if an artwork is damaged or stolen, or if the City Department plans to move the artwork or in any way alter its site. 7.2.2 Annually, a Cultural Affairs Staff member will survey the condition of all public art located on City property. A condition report with prioritized recommendations for the restoration or repair of artwork and estimated costs for conservation projects will be included in the Annual Public Art and Design Plan. The City shall retain the right to deaccession any work of art acquired by the City, regardless of the source of funding for the particular artwork through its deaccession policies and procedures. 7.2.3 Cultural Affairs Staff will contact the artist when possible for recommendations prior to engaging in conservation efforts. A professional art conservator or person(s) trained by a conservator may be consulted or hired to provide maintenance and conservation work for the public art collection. 7.3 Relocation of Works of Art While it is the intent that site-specific works will remain in the site for which they were created, the Public Art and Design Board reserves the right to relocate pieces if circumstances dictate. Works of art that are part of a rotating collection may be relocated throughout City facilities at the discretion of the Public Art and Design Board. 8.0 DEACCESSION The Public Art and Design Board as provided in Ordinance NO. 7489-05 Section 5-1103(d) shall oversee the process for removal of artwork from the City's public art collection. The Board will follow the process outlined in the City's Deaccession Policies and Procedures. 9.0 OWNERSHIP AND ACCEPTANCE All contracts for artwork that will be acquired or accepted for ownership by the City must be reviewed by the City Attorney's Office. Ownership of all works of art acquired on behalf of the City shall be vested in the City, which shall retain title to each work of art. 10.0 PRIVATE DEVELOPMENT PROJECTS 10.1 It is the desire of the City of Clearwater that public art be incorporated into new development projects in accordance with the guidelines set forth in this section. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item:JticB4 Attachment number 1 Page 144 of 147 10.1.1 The following development projects are required to implement a publicly accessible art project: 10.1.2 New construction of, or Renovation Projects related to commercial, industrial, mixed-use projects and developments, and residential projects and developments, any of which equal or exceed an Aggregate Job Value of at least $5 million ($5,000,000). 10.1.3 If renovations affect multiple structures on a project site, which may be permitted separately, the Aggregate Job Value is based on the construction valuation of all permits for that site. 10.2 The following projects are exempt from the publicly accessible art expenditure requirement: 10.2.2 Projects with an Aggregate Job Value under $5 million; 10.2.3 Residential developments of new construction for affordable housing. 10.2.4 Eligible projects pending approval for a building permit that have submitted a complete application prior to October 1, 2006, provided that: a. The application is approved within six (6) months of the date of application. b. Construction begins within six (6) months of the issuance of such approval and is diligently pursued to completion. 10.3 When a project is subject to the requirement of a public art allocation, the developer shall have two options: 10.3.1 The developer may contract with a professional artist to create a permanent public artwork as part of the development project. Artworks must be located in publicly accessible locations. a. If desired, support will be available from both City staff and the Public Art and Design Board to assist in the selection of an artist. A professional arts consultant may also be retained to assist in the selection of artists or to manage the project. b. Before contracting with the artist, the property developer will submit for approval by the Public Art and Design Board a Public Art Plan that includes: the artist qualifications, the artist's proposal, a CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item:Jti134 Attachment number 1 Page 145 of 147 statement of how the project satisfies the parameters of the Public Art and Design Program, and a budget reflecting that the allocation of funds required by the Public Art and Design Program has been met. c. Eligible media and forms of public art may include amenities such as streetscapes, paving treatments, architecturally integrated water features as well as mosaics, murals, stained glass, sculpture, as well as traditional artwork. d. Eligible costs that may be charged against the required public art expenditure include: i. Artist costs for design and/or fabrication including materials, insurance, permits, taxes, site preparation, etc; ii. Pedestals, foundations or other structures to support the artwork; iii. Delivery, and installation; iv. Art consultant fees; v. Acknowledgement/ identification plaque; vi. Other appropriate costs as approved by the Public Art & Design Board e. Prior to the issuance of the building permit, the developer must remit 1% of the Aggregate Job Value of the project to the City to be held in escrow until the completion and acceptance of the public art project by the Public Art and Design Board. f. The artwork must be completed or commissioned before a certificate of occupancy will be issued. g. Unless extended by the Public Art and Design Board, the developer has six months following the issuance of certificate to install the artwork. If this deadline is missed, escrow account will be deposited in the City's Public Art and Design Fund for fulfillment of the public art requirement. 10.3.2 In lieu of an on-site project, a developer may contribute 0.75% of the Aggregate Job Value to the City's Public Art and Design Fund. This in lieu fee must be paid prior to the issuance of a building permit. The developer will have no responsibility to install artwork. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item:Jti:.B4 Attachment number 1 Page 146 of 147 10.4 Guidelines for the Selection and Installation of Art in Private Development Projects 10.4.1 10.4.2 10.4.3 10.4.4 10.4.5 10.4.6 10.4.7 10.4.8 The developer may use any of the art selection methods listed in 6.2 Methods for Selecting Artists. The selected artist should be outside the normal project team (i.e. project architect, landscape architect, or engineer.) Site-specific artwork is encouraged. Ideally, the artist should be involved in the development project at the conceptual stage. The selection of a site is as important as the selection of the artist. Often, high quality artworks fail in public situations because they are of an improper scale for their assigned location, hidden by an architectural feature, situated in an unused site, or improperly lit. Developers are encouraged to consult artists in the selection of sites for their artwork and in arranging for proper lighting at the site. Exterior sites are encouraged for maximum public access. All installations of artwork should have a plaque of durable metal adjacent to the artwork listing: the title of the artwork, the artist's name, and the date completed. All financial arrangements are negotiated between the developer and the artists. It is recommended the applicants consider hiring a public art consultant to facilitate the process. The cost of the consultant is considered an eligible expense in the calculation of the required value (cost) for the public art project. An experienced public art consultant is the best assurance of implementing a successful public art project. The consultant should be available to: work with City staff, advise on artist resources, art and site compatibility, and on all technical aspects of the project such as contracts, copyright requirements, installation and maintenance. 11.0 ARTWORK OWNERSHIP AND MAINTENANCE 11.1 Upon installation, the property owner of the site or building maintains ownership and retains title to each work of art and is responsible for maintenance and conservation. 11.2 If the property is sold, the seller may: CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item :Jti334 Attachment number 1 Page 147 of 147 11.2.1 Either include restrictions in the deed that require maintenance of the artwork and prevent its removal from the property; 11.2.2 Remove the artwork and make a contribution to the Public Art and Design Fund in an amount equal to 0.75% of the initial Aggregate Job Value. 11.3 If the title is passed to a subsequent owner, and, as a result, a deed restriction exists as to the artwork, the subsequent owner shall maintain the artwork in accordance with applicable law or other established guidelines. 11.4 The artwork cannot be altered, modified, relocated or removed other than as provided herein without the prior approval of the Public Art and Design Board. 11.5 Property owners should be aware of the Visual Rights Act (VARA), a section of the Federal Copyright Legislation. Among other provisions, this law forbids the willful destruction of a work of visual art. See United States Code Annotated, Title 17. Copyrights, Chapter 1 - Subject Matter and Scope of Copyright, Current through P.L. 105-153, approved 12-17-97. 11.6 Property owners will be required to maintain the work of art in good condition in the approved location, as required by law or other applicable guidelines, including, but not limited to normal code enforcement rules to ensure that proper maintenance is provided. 11.7 The owner may request that the artwork be removed from the site due to hardship with the approval of the Public Art and Design Board. In addition, in the event there is a condition that occurs outside the reasonable control of the owner such as an Act of God, then this provision may be implemented with the approval of the Public Art and Design Board. 11.8 The developer will receive formal recognition as a participant in the City's Public Art and Design Program, which can be used in promotions or marketing for the development project. 12. GIFTS, LOANS, MEMORIALS As provided in Ordinance NO. 7489-05 Section 5-1103(h), the Public Art and Design Board will coordinates, investigates, reviews and recommends to the City Council other means by which artworks may be obtained, including donations to the Public Art and Design Program, and grant applications for public art projects. The Board will follow the process outlined in the City's Gift Policy. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item :Jti434 I - I - Meeting Date:5/3/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a one-year extension for Liquid Sodium Hypochlorite (Bid 24-05) to an existing contract with Allied Universal Corporation, of Miami, FL increasing the contract value by $277,266.75 for a new contract value of $440,066.75 and authorize the appropriate officials to execute same. (consent) SUMMARY: The original contract to Allied Universal Corporation was approved by City Council on June 2, 2005 in the amount of $162,800. Liquid sodium hypochlorite (liquid bleach) is used in the City's three Advanced Wastewater Treatment Facilities. At this time liquid bleach is used for 2 purposes, disinfection of the effluent flow at the NE Facility and odor control at all three of the A WTFs. During this one-year extension, the Marshall Street and East Facilities will be converted from chlorine gas to liquid bleach. The contract value increases $277,266.75, for 468,356 gallons of liquid bleach, at $0.592 per gallon, is for 12 months of odor control at all 3 facilities, 12 months of disinfection at the NE Facility and 6 months of disinfection at the Marshall Street and East Facilities. WPC solicited bids (Bid 24-05) for an initial contract term of 2 years, with the option to accept up to two (2) one-year renewal periods. This contract extension will be the 3rd year of the contract, the 2nd optional renewal, at the same price as was originally bid, $0.592 per gallon, freight included. The 06/07 WPC Operating budget includes sufficient funding for this contract; appropriate funding has also been allocated for subsequent fiscal year budgets. Funds for this chemical are included in Budget Code 0421- 01351-551000-535-000-0000. Type: Current Year Budget?: Purchase None Budget Adjustment: None Budget Adjustment Comments: Cover Memo Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: $277,266.75 Item # 35 to Appropriation Code 0421-01351-551000-535-000- 0000 Amount 277,266.75 Appropriation Comment see summary section Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Yes Bid Number: Bid Exceptions: 24-05 None Cover Memo Item # 35 SUBJECT: ISSUE DATE: PREBID CONFERENCE: MAIL PROPOSALS TO: DELIVER PROPOSAL TO: MUST BE RECEIVED NO LATER THAN: Attachment number 1 Page 1 of 3 Invitation to Bid 24-05 LIQUID SODIUM HYPOCHLORITE April 7, 2005 NONE City of Clearwater P.O. Box 4748 Clearwater, Florida 33758-4748 City of Clearwater Purchasing Division 100 South Myrtle Avenue Clearwater, FL 33756-5520 May 4, 2005 - II :00 AM. Proposals may not be withdrawn Within 90 days after such time and date Michael W. Murray Purchasing Buyer Item # 35 Attachment number 1 Page 2 of 3 STATEMENT OF NO BID 24-05 NOTE: If you do not intend to respond, please return this only. City of Clearwater/Purchasing P.O. Box 4748 Clearwater, FL 33758-4748 We, the undersigned, have declined to bid on the above noted invitation for Bid for the following reason(s): Insufficient time to respond to the Invitation for Bid. Do not offer this product/services. Our schedule will not permit us to perform. Unable to meet specifications. Unable to meet insurance requirements. Specifications unclear (please explain below). Remove us from your "Bidder Mailing List." Other (please specify below). REMARKS We understand that if a "no bid" statement is not returned, our name may be removed from the Bidder's List of the City of Clearwater. COMPANY NAME: ADDRESS: CITY/STATE/ZIP: SIGNATURE: DATE: TELEPHONE: FAX: 2 Item # 35 Attachment number 1 Page 3 of 3 BID RESPONSE FORM (24-05) Item Est. Quantity Description U nit Price Total Price 1 275,000 gallons per year LIQUID SODIUM HYPOCHLORITE $ $ (per the attached Specifications) Contact John Milligan at 727/562-4960 Ext. 7248, for any technical questions regarding this bid. Please return two (2) cOllies of Bid Resllonse F.O.B. CLEARWATER Delivery Time: Payment Terms: BIDDER REPRESENTATION I represent that this bid is submitted in compliance with all terms, conditions and specifications of the Invitation for Bid and that I am authorized by the owners/principals to execute and submit this bid on behalf of the business identified below. BUSINESS NAME: STREET ADDRESS: CITY, STATE, ZIP CODE: PRINT/TYPE NAME OF AUTHORIZED REP: TITLE/POSITION OF AUTHORIZED REP: SIGNA TURE OF AUTHORIZED REP: DA TE SUBMITTED: PHONE NO: FAX NO: -3- Item # 35 Attachment number 2 Page 1 of 10 1. 1.1 General: The intent and purpose of this specification document (the "Specification") is for the Contractor to furnish and deliver liquid sodium hypochlorite (12.5 Trade Percent Available Chlorine) FOB destination in accordance with the American Water Works Association's (AWW A's) Standard B-300-99 for hypochlorite, except as modified or supplemented herein, to the City of Clearwater Water and Wastewater Utilities. 1.2 Award: Award will be made to the lowest responsible and responsive bidder meeting the Specification; price, product quality, safety record, previous performance, reliability and other factors to be considered. The City of Clearwater will not be responsible for any transactions between the successful bidder(s) and any public entity that may elect to utilize this bid. / 2.1 Definition: For purposes of this Bid, the term "Bidder" shall be defined as the company submitting a bid to the City of Clearwater and shall include all subsidiaries, affiliates, and subcontractors. As such, any requested documentation shall apply to all subsidiaries and affiliated companies as well as any subcontractors. In the event that a company is using a subcontractor to either manufacture or deliver the product, the requested items (e.g., references, terminations, and safety incidents) shall apply to the subcontractor as well. 2.2 Bid Sample: Each prospective Bidder shall submit a 1500 ml "chilled" sample of their product representative of their manufacturing process from Bidder's manufacturing facility which would serve the customer to one of the approved testing laboratories listed in this Specification for analysis within the past ninety (90) days. The laboratory shall ascertain whether the Bidder's product is in compliance with this Specification for available chlorine, % sodium hypochlorite, excess caustic, iron, copper, nickel, chlorate, bromate and suspended solids (based on Filter Test time). The cost of the analysis shall be borne by Bidder. The results of the analysis shall be submitted with the Bidder's proposal. Failure to submit a sample or meet the requirements of the Specification shall result in Bidder being disqualified. 2.3 Other Samples: Further, City of Clearwater reserves the right to take samples from Bidder's other customers to ensure that the Bidder's sample and delivery equipment is in compliance with all the requirements of this Specification and such a sample shall be judged representative of the Bidder's quality. The Bidder shall provide a customer contact and phone number in either Pasco, Pinellas or Hillsborough County whereby the City of Clearwater may obtain sample of Bidder's product to check it for compliance with the Specification. Notwithstanding the foregoing, the City of Clearwater may choose to obtain a sample this customer or from any of Bidder's customers to ensure compliance with the Specification. In such event, the City of Clearwater shall bear the cost of any analysis. Based on this compliance check, failure to meet the requirements of this Specification shall result in Bidder being disqualified. 1 Item # 35 Attachment number 2 Page 2 of 10 2.4 References: Each prospective Bidder shall submit a list of at least ten(l 0) references to include phone numbers that use or have used its sodium hypochlorite at both water and wastewater treatment plants in the past three years. The Reference List shall list actual users at the water and wastewater plants and not purchasing agents. Additionally, each Bidder shall provide the names of any customers where its contract was terminated early (e.g., debarred) for safety, quality, or service issues for any product it supplies over the past five years. The Bidder shall also provide a detailed listing of all accidents, incidents, releases, spills, vehicle accidents involving death or injury and National Response Center Notifications ("safety incidents") for all chemicals it delivers or manufacturers for the past five (5) years. Failure to disclose references, terminations, or safety incidents will result in Bidder being disqualified from bidding on this product. 2.5 Emergencv Plans: As part of its Emergency Preparedness Planning and Spill Response Plan, each prospective Bidder shall submit a list with 24-hour access phone numbers of at least two degreed engineers (preferably Chemical Engineers) listing their degree, college or university and year of graduation, experienced in sodium hypochlorite operations to provide emergency support services on a 24/7 basis in the event of a spill, equipment failure or other emergency. Failure to submit this list including its specific requirement will result in Bidder being disqualified. 2.6 Safety and Reliability: As part of assessing the Bidder's reliability and safety record, the prospective Bidder shall include all regulatory actions including but not limited to, copies of any fines, correspondence and consent orders relating to the operation of ALL of its manufacturing and distribution facilities. Additionally, the Bidder shall submit a copy of its OSHA Form 300A/300 logs for the past three years (if the Bidder utilizes a third party driving company or affiliated company, then they shall submit the OSHA 300 logs for that company as well). The City of Clearwater may require a site visit to the Bidder's manufacturing and distribution facilities to assess their safety and reliability as part of the bid evaluation process. 3.1 Term: The initial term of the contract for the sodium hypochlorite shall be for two (2) years ("Initial Term") with up to two (2) one year renewal periods. Each of the renewal periods is subject to mutual agreement and approval by both City of Clearwater and the Contractor. The effective date of service under this supply agreement shall be June 1,2005. 3.2 Pricing: All pricing shall be in terms of a price per gallon (freight prepaid FOB to each City of Clearwater facility). The price of the sodium hypochlorite shall be fixed for the Initial Term of this agreement and shall not be subject to any price escalation or fuel surcharges (the "Base Price"). If the parties agree to renew the agreement for the first time, the new price for the first year renewal period shall be the Base Price multiplied by the cumulative change in the Bureau of Labor Statistics Consumer Price Index (CPI) for the period of April I, 2005 though March 31,2007. If the parties agree to renew the agreement for a second period, the new price for the second year renewal period shall be the price in the first renewal period multiplied by the cumulative change in the Bureau of Labor Statistics Consumer Price Index (CPI) for the period of April I, 2007 through March 31,2008. 3.3 Payment Terms: NET 30 days. 2 Item # 35 Attachment number 2 Page 3 of 10 4.1 Contractor shall make "normal" deliveries within two (2) calendar (i.e., not "working" days) days after receipt of order and must make "emergency" deliveries within 24 hours. An emergency delivery is defined as a delivery which is necessary in order to prevent the City of Clearwater from running out of sodium hypochlorite in less than 24 hours. The City of Clearwater shall endeavor to minimize the number of "emergency" deliveries. 4.2 All deliveries ofliquid sodium hypochlorite shall be freight prepaid, F.O.B. to each City of Clearwater facility. 4.3 Delivery time of day shall be arranged upon placement of order. Deliveries made to unmanned facilities must be coordinated with the City of Clearwater so the driver can gain access to the facility. 4.4 All deliveries ofliquid sodium hypochlorite shall be made by properly cleaned carrier tank truck to the locations specified in paragraph 5 below. 4.5 Packaging and shipment ofliquid sodium hypochlorite shall conform to all current regulations of the State of Florida, the United States Department of Transportation and all other applicable regulatory agencies. 4.6 All delivery personnel must have company cell phones to facilitate deliveries to unmanned and manned facilities. Experience has shown this to be critical to effective coordination of deliveries to the various City of Clearwater facilities. 4.7 City of Clearwater reserves the right to change quantities and delivery dates at its discretion with a 24-hour notice. 4.8 The Contractor shall be responsible for pumping liquid sodium hypochlorite into the storage tanks at the delivery sites and shall provide all necessary hoses, fittings, air- padding, pumps, etc. required to safely and efficiently "offload" the liquid sodium hypochlorite into designated storage tanks. Contractor shall be responsible for ascertaining the correct storage tanks and fill point locations to prevent accidental discharge of the product into the wrong storage tank(s). 4.9 The Contractor shall be responsible for any spills resulting from the failure of its or its subcontractor's delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties. Proper performance shall require attendant delivery personnel's constant inspection and observation of unloading operations and knowledgeable response to problems or emergencies, which would most commonly be expected to occur. The City of Clearwater reserves the right to refuse any and all deliveries made with equipment that is poorly maintained and/or leaking sodium hypochlorite. 4.10 The tanks or trailers shall be clean and free of residue that may contaminate the Contractor's product or impede the unloading process. It is the Contractor's responsibility to verify the cleanliness of the transporting equipment before loading. 3 Item # 35 Attachment number 2 Page 4 of 10 All appurtenant valves, pumps, and discharge hoses used for the delivery of sodium hypochlorite shall be supplied by the Contractor and shall be clean and free from contaminating material. The City of Clearwater may reject a load if the equipment is not properly cleaned. Contractor shall furnish the City of Clearwater an approved, leak-free connection device between the trailer and its intake receptacle. The Contractor shall observe the entire filling operation at each delivery site and shall immediately report any spills caused during the filling operations. The Contractor shall take immediate and appropriate actions to clean up any spilled liquid sodium hypochlorite. If the spill is not cleaned up, the City of Clearwater will hire a certified hazardous material handling company to clean up the spill, and the cost of such service will be charge to the Contractor and deducted from the amount due to the Contractor. If the City of Clearwater's unloading equipment such as pipe, valves or level indication and alarms should fail and the spillage is not the fault of the Contractor or its subcontractor, the Contractor shall be relieved of cleanup of the spill. 4.11 Because of security and safety concerns, all delivery vehicle drivers shall be U.S. citizens and have a proper commercial driver's license with a Hazardous Material endorsement. Contractor's drivers shall display its driver's license and whenever challenged by the City of Clearwater during the delivery. In addition, Contractor shall supply the City of Clearwater a "CD" with digital photographs of all of its delivery drivers with names imposed and shall send out an updated CD within 24 hours of any changes to its drivers. The City of Clearwater shall use the CD to verify whether driver is actually an employee of the Contractor. Failure to show proper license or failure of driver to be listed on the CD provided to the City of Clearwater shall result in rejection of delivery and subsequent possible termination of the Contractor's supply agreement. 4.12 Delivery Shipments shall be rejected which fail to meet any of the requirements of the Specification. In the event a delivery shipment is rejected, upon notification to the Contractor that the shipment is rejected, Contractor shall be required to ship a replacement delivery to the affected location within four (4) hours from time of notification. Failure to provide replacement product that meets the Specification within the specified time period will constitute failure to comply with the delivery requirements set forth in this document. 5.1 Delivery sites and quantities are subject to deletions or additions as necessary to meet the water production demands of the City of Clearwater and its Member Governments. 5.2 Split deliveries to multiple locations will be coordinated and accepted by the City of Clearwater to encourage economical delivery of product via bulk tankers dependent on storage capacities at time of delivery. 5.3 Liquid Sodium Hypochlorite consumption at each location is an estimate only and the City of Clearwater shall not be bound by these amounts in its contract with Contractor. 5.4 Delivery Locations: 4 Item # 35 Attachment number 2 Page 5 of 10 LOCATION STORAGE CAPACITY ESTIMATED ANNUAL QUANTITY East WWT Plant 850 GALLONS 6,000 GALLONS 3141 Gulf to Bay Blvd. Clearwater, FL 33756 NE WWT Plant 20,000 GALLONS 180,000 GALLONS 3290 S.R. 580 Clearwater, FL 34695 6.1 Hypochlorite supplied under this contract shall be tested and certified as meeting the Specification, the AWW A Standard B300-99 and those of the American National Standards InstituteINational Sanitation Foundation Standard 60 (ANSI/NSF Standard 60), Drinking Water Treatment Chemicals Health Effects. 6.2 It is the responsibility of the Contractor to inform the City of Clearwater that its NSF or UL certification has been revoked or lapsed within 24 hours of the time the supplier receives verbal or written notification. Loss of certification shall constitute sufficient grounds for immediate termination of the contract between City of Clearwater and Contractor. 6.3 Liquid sodium hypochlorite delivered under this Specification shall have a minimum of 120 Grams per Liter (GPL) available chlorine equivalent (a.k.a., 12.0 Trade Percent Available Chlorine) and shall be consistent as determined by chemical analysis. 6.4 Product shall be a clear straw colored liquid with no visible cloudiness, impurities, or sediment. It shall contain no soluble materials or organic substances in quantities capable of producing deleterious or injurious effects on the health of those consuming water treated with the liquid sodium hypochlorite. 6.5 Liquid sodium hypochlorite delivered under this Specification shall have a minimum of 0.15 percent by weight sodium hydroxide and a maximum of 0.40 weight percent sodium hydroxide. 6.6 Liquid sodium hypochlorite delivered under this contract shall meet the following containment concentration limits: Iron < 0.3 mg/L Copper < 0.03 mg/L Nickel < 0.03 mg/L Chlorate < 2,000 mg/L Bromate :S 20 mg/L 6.7 The delivery time of the shipment shall not exceed 72 hours from the time of manufacture of the liquid sodium hypochlorite. 5 Item # 35 Attachment number 2 Page 6 of 10 6.8 The suspended solids in the sodium hypochlorite delivered under this contract shall be minimized and the shipments delivered shall achieve a filtration time ofless than 3 minutes for 1000 ml when applying the Method co-developed by Dr. Bernard Bubnis of NovaChem and previously referenced in this Specification. 7.1 Sampling and Testing 7.1.1 All Sampling and Testing shall be in accordance with EP A and A WW A B300- 99 standards and in accordance with the documents titled: , distributed by Powell Fabrication and Manufacturing, Inc. and available at 7.1.2 The approved laboratories are listed below for all sampling and testing whether during the bidding period or after award. No other Laboratory shall be used unless expressly authorized as an Addendum to the bid issued by City of Clearwater amending the Specification or an amendment to the contract between the City of Clearwater and Contractor. NovaChem Laboratories (formerly Novatek) 5172 College Corner Pike PO Box 608 Oxford, Ohio 45056 Ph: 513-523-3605 Fax: 513-523-4025 Southern Analytical Lab Oldsmar, Florida 33677 Ph: 813-855-1844 Fax: 813-855-2218 Attn: Patty 7.1.3 Sampling and Testing Prior to Unloading: The Contractor's delivery trailer shall have a sample port to provide a sample for analysis. At the sole discretion of the City of Clearwater, the Contractor's delivery personnel (driver) may be asked to provide a sample ofliquid sodium hypochlorite before the shipment is unloaded. The City of Clearwater will supply the sample container and the driver shall collect the sample from the tank truck and turn it over to the City of Clearwater. The sample shall be considered representative of the lot. The City of Clearwater reserves the right to subject samples of the liquid sodium hypochlorite to quick analyses to ensure that it meets basic conditions of the specification with respect to specific gravity, weight percent of sodium hypochlorite, sodium hydroxide, and suspended solids. Any lot tested by City of Clearwater that fails to comply with the Specification shall constitute grounds for rejection of that lot. No payment shall be made for hypochlorite that is rejected. The Contractor or its subcontractors shall allow 60 minutes for this testing to be completed. If testing can not be completed within the 60-minute period, the City of Clearwater shall allow the Contractor to unload the shipment. In the event that the load is rejected, the Contractor shall have four (4) hours to supply another 6 Item # 35 Attachment number 2 Page 7 of 10 shipment. In the event that the Contractor is unable or unwilling to supply another shipment within this time period, the City of Clearwater has the right to procure a shipment from another source and this will failure to deliver shall constitute a second rejection. Three rejections of a lot or shipment during any period of this contract shall constitute automatic termination of the Contractor's supply contract with the City of Clearwater. 7.1.4 Sampling and Test of Shipment Mter Unloading. The City of Clearwater reserves the right to subject samples of the liquid sodium hypochlorite to complete analyses to ensure that it meets EP A specifications, A WW A B300-99 specifications, and the Specification. Three failures during any period of this contract shall constitute automatic termination of the Contractor's supply contract with the City of Clearwater. 7.1.5 Certified Analvsis. Contractor shall supply an affidavit, signed by a corporate designated official, certifying that the liquid sodium hypochlorite furnished by the Contractor, complies with all applicable requirements of this Specification and A WW A Standard B300-99, latest revision. The affidavit shall also indicate compliance with Water Chemicals Codex directives, latest revision, for impurity limits. 7.2 Manufacturer's Laboratory Delivery Reports 7.2.1 A certified report from the manufacturer shall be submitted for each liquid sodium hypochlorite delivery to the City of Clearwater. 7.2.2 The report shall contain the following data: . Date and Time of Manufacture . Percent by Weight Sodium Hypochlorite . Percent by Weight Excess Sodium Hydroxide . Specific Gravity (Referenced to a temperature) . Suspended Solids Test Time 7.2.3 No deliveries will be accepted by the City of Clearwater unless accompanied by said certified laboratory report for the specific batch of liquid sodium hypochlorite delivered showing the above data and that it conforms to the Specification. Regardless of whether at different delivery sites, failure to comply with this provision three (3) times during the contract period shall constitute sufficient grounds for termination of the contract between the City of Clearwater and Contractor. 7.3 Quarterly Reports 7.3.1 At the start of the contract and every 90 days, the Contractor shall utilize one of the approved testing agencies listed in this Specification to analyze a sample of the liquid sodium hypochlorite delivered to the City of Clearwater. The Contractor shall supply the sample container and the driver shall collect the sample from the tank truck. This sample will be given to the City of Clearwater at the time of the sample and City of 7 Item # 35 Attachment number 2 Page 8 of 10 Clearwater shall forward the sample to the approved authorized testing agency. Any failure to comply with the Specification shall constitute grounds for cancellation of the contract between the City of Clearwater and Contractor. 7.3.2 Charges for the manufacturer's certified report and all quarterly reports by outside testing agencies should be included in the bid price. 8.1 Contractor Safety Requirements 8.1.1 Contractor must ensure delivery personnel's compliance with all OSHA requirements, including personal protective equipment for Contractor delivery personnel, including without limitation chemical goggles, transparent face shield and hard hat, rubber gloves, rubber boots, and rubber or plastic-coated fabric apron or slicker suit. Contractor delivery personnel must wear at minimum, chemical goggles and rubber gloves when handling hoses and valves. 8.1.2 Contractor delivery personnel must remain within a safe proximity while the transfer is in progress and continuously monitor for leaking hoses, connections, or other problems. It is the responsibility of Contractor delivery personnel to contain leaks and to report any and all spills. 8.2 Material Safety Data Sheets. In compliance with Chapter 442 Florida Statutes, any chemical delivered form a Contractor, must be accompanied by a Material Safety Data Sheet (MSDS). The MSDS must be maintained by the user agency and must include the following information: . The Chemical Name and the common name of the toxic substance . The hazards and other risks in the use of the toxic substance, including: The potential for fire, explosion, corrosivity and reactivity; The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and The primary routes of entry and symptoms of overexposure. . The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of, or exposure to, the toxic substances, including appropriate emergency treatment in the case of overexposure. . The emergency procedure for spills, fire, disposal and first aid. . A description, in lay terms, of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. . The year and month, if available, that the information was complied and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. . Any questions regarding this requirement shall be directed to: Department of Labor and Employment Security 8 Item # 35 Attachment number 2 Page 9 of 10 Bureau of Industrial Safety and Health Toxic Waste Information Center 2551 Executive Center, Circle West Tallahassee, Florida 32301-5014 Phone: 800/367-4378 8.3 Emergency Plan of Action and Safety Training 8.3.1 Within 30 days of award and acceptance of the contract for the supply ofliquid sodium hypochlorite, the Contractor shall provide in writing, an emergency contingency plan, with appropriate telephone contacts, for the City of Clearwater to follow in case an emergency supply of liquid sodium hypochlorite is needed. The Contractor shall supply in writing, an emergency spill response plan with appropriate emergency response personnel names (to include at least two degreed engineers who live within ninety miles of Clearwater) and telephone contact numbers (24-hour contact numbers) within 30 days of award and acceptance of the contract to supply liquid sodium hypochlorite. In addition, the proper spill response notification procedure, along with any forms required by all local, state or federal regulatory agencies, shall be supplied by the Contractor. This section in no way relieves the Contractor of his responsibility to notify the proper regulatory agencies in the event of a spill incident. In the event of a spill or leak, the Contractor shall supply the necessary personnel (including one degreed engineer) to immediately respond to such an event, to work with the local Hazardous Materials Response Team and to manage and oversee "After Event" cleanup efforts. Should a spill or leak occur, caused by Contractor's personnel, equipment or method of delivery, Contractor shall immediately comply with all applicable terms and conditions of the current version of Title III, Superfund Amendments and Reauthorization Act of 1986,42 U.S.C.S. 11001, et seq. (SARA) and the Florida Hazardous Materials Emergency Response and Community Right to Know Act of 1988, Chapter 252, Part II, Florida Statutes. The responsibility for compliance with Federal and State rules and regulations regarding Contractor caused spills or releases shall be the sole responsibility of Contractor. The Contractor shall indemnify and hold the City of Clearwater harmless for any failure to properly report and lor comply with this provision. In addition, Contractor shall bear all expenses of spills, unless caused by the sole negligence of the City of Clearwater. 8.3.2 Safe Handling Training. The Contractor shall provide an appropriate safe handling training course for liquid sodium hypochlorite within the first month of the contract, to all current City of Clearwater operations personnel and shall be available to conduct "refresher" courses or new employee training at six (6) month intervals during the contract period. The Contractor shall provide this assistance at no charge to the City of Clearwater. 8.3.3 Technical Assistance. The Contractor shall provide engineering and technical assistance, as needed, regarding the application of its product and disposal and handling of residues and sludge's produced by the application of liquid sodium hypochlorite in the water and wastewater treatment process. This expertise 9 Item # 35 Attachment number 2 Page 10 of 10 shall extend to the application of all other chemicals used by the City of Clearwater in its water treatment and wastewater treatment plants. The Contractor shall provide this assistance at no charge to the City of Clearwater. In addition to the various statements in this Specification stating the grounds for automatic termination of the Contractor's contract to supply liquid sodium hypochlorite to the City of Clearwater, and in addition to any other remedies, including the right to obtain cover and charge Contractor for the costs of cover, Contractor's failure to comply with this Specification three (3) times over the duration of this contract shall constitute sufficient grounds for termination of the contract by the City of Clearwater. These failures any three of which can result in termination of the contract, include, but are not limited to, failure to deliver in a timely manner, failure to deliver with proper equipment, failure of the liquid sodium hypochlorite to meet the Specification at anytime, failure to provide a certificate of analysis, failure to comply with the safety and OSHA requirements of the Specification, failure to provide drivers with company cell phones, failure to provide licensed drivers listed on the Contractor's CD, failure to provide updated CD's with a driver's list, failure to provide requested technical assistance and/or training and failure to respond in a timely manner to any City of Clearwater emergency. The Bidder shall ensure the following information is included in their proposals: . Pricing for the Sodium Hypochlorite . Third Party Laboratory Analysis of Sodium Hypochlorite Sample . List of References (Ten) . List of Degreed Engineers (Two) . List of Subcontractors or Affiliates . List of Safety Incidents (Last Five Years) . List of TerminationslDebarments (Last Five Years) . Copy of 0 SHA Form 300 A/3 00 logs (Last Three Years) . Other Information on Company . Contact Information to Obtain Product Sample . Copies of any fines, correspondence and consent orders relating to the operation of ALL of its manufacturing and distribution facilities. . Any Exceptions Taken to the Specification (Any of which may result in Bidder's di squalifi cati on) 10 Item # 35 Meeting Date:5/3/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Cooperative funding agreement in the amount of $1,000,000 with the Southwest Florida Water Management District (SWFWMD) to share the cost of implementation of the Spring Branch Improvements Project and authorize the appropriate officials to execute same. (consent) SUMMARY: The City and the Southwest Florida Water Management District cooperatively funded the Stevenson Creek Watershed Plan (WMP) that was completed in 2001. When the WMP was completed the City and the District began cooperatively implementing the recommended projects. The Spring Branch Improvements Project was ranked very high in the WMP, the City has already purchased the required property and the next step is to design and permit the project. The project is on the northwest corner of Kings Highway and Sunset Point Road on 3.5 acres west of the existing church. It will consist of constructing a retention pond, widening the existing channel and eliminating the vertical sides of the creek by laying the banks back at a 4: 1 slope. This project will reduce flooding, improve natural habitat and provide water quality treatment. The District notified the City that our 2006 request for the Spring Branch Improvements had been approved. This request will require the City to match the District's $1,000,000 with $1,000,000 City dollars to provide a total design, permitting and construction budget of $2,000,000. Council action at this time is necessary to secure District funds for design, permitting and construction. Separate agreements will be presented to Council for the design and permitting phase and then awarding the construction contract. A first quarter amendment will increase the budget, only, for SWFWMD grant funding (337900) by $1,000,000, in the Capital Improvement Program Project 0315-96144, Stevenson Creek Implementation Projects at which time matching City funds will be available. Matching funds are available in stormwater C.I.P. 96144. They were planned for and included in the last rate study, there will be no new impact to the rates. Review Approval: 1) Clerk Cover Memo Item # 36 Attachment number 1 Page 1 of 1 ST o a:: W :J Z W ;;C w IDLEWILD Ic) WOODLAWN :J L1i ~ ...J 0.. Bowmore CUMBERLAND HUNTINGTON (f) 0 ~'~""'" g 19 ~ ~ Z <( U s::: aJ WILSON 1 -0 o > ;:0 o -< SUNSET POINT RD LA LA LA I~ o I~ L!) ill '" a:: t.i SANDY LA 151 MARY L I I TERRACE RD I \ N W.E S City of Clearwater Engineering Department Spring Branch Stormwater Improvements Grid # S.K. 2518 Reviewed By: E.S. S-T-R 3-29s-15e Scale: N.T.S. C\3te: 04/17/07 Drawn By Item # 36 Attachment number 2 Page 1 of 1 AGREEMENT NO. COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR IMPLEMENTATION OF BMPS IN THE STEVENSONS CREEK WATERSHED _ SPRING BRANCH (L701) THIS COOPERATIVE FUNDING AGREEMENT is made and entered into by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT. a public corporation of the State of Florida. whose address is 2379 Broad Street, Brooksville. Florida 34604-6899. for itself and on behalf of the Pinellas-Andote River Basin Board. hereinafter collectively referred to as the "DISTRICT." and CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is 112 South Osceola Avenue, Post Office Box 4748, Clearwater Florida, 33758-4748. hereinafter referred to as the .CITY.- WITNESSETH: WHEREAS, the CITY proposed a project to the DISTRICT for funding consideration under the DrSTRICrS cooperative funding program; and WHEREAS, the project consists of implementation of BMPs in the Stevensons Creek Watershed - Spring Branch Improvement Area. hereinafter referred to as the "PROJECT"; and WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the CITY in funding the PROJECT. NOW THEREFORE. the DISTRICT and the CITY, in consideration of the mutual' terms. covenants and conditions set forth herein. ag~e as follows: 1. PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set forth below as its respective Project Manager. Project Managers will assist with PROJECT coordination and will be each party's prime contact person. Notices and reports will be sent to the attention of each party's Project Manager by U.S. mail, postage paid. to the parties' addresses as set forth in the introductory paragraph of this Agreement. Project Manager for the DISTRICT: Project Manager for the CITY: Richard Mayer. P.E. Elliot Shoberg, P.E. Page 1 of 8 Item # 36 Attachment number 2 Page 1 of 1 Any changes to the above representatives or addresses must be provided to the other party in writing. 1.1 The 'DISTRICT'S Project Manager is hereby authorized to approve requests to extend a PROJECT task deadline set forth in this Agreement. Such app'roval must be in writing, explain the reason for the extension and be signed by the Project Manager and his or her Department Director, or Deputy Executive Director if the Department Director is the Project Manager. The DISTRICT'S Project Manager is not authorized to approve any time extension which will result in an increased cost to the DISTRICT or which will exceed the expiration date set forth in Paragraph 4. Contract Period. 1.2 The DISTRICT'S Project Manager is authorized to adjust a line item amount of the Project Budget contained in the Proposed Project Plan set forth in Exhibit IIBII or, if applicable. the refined budget as set forth in Paragraph 3.1 below. The adjustment must be in writing, explain the reason for the adjustment, and be signed by the Project Manager, his or her Department Director and Deputy Executive Director. The DISTRICT'S Project Manager is not authorized to make changes to the Scope of Work and is not authorized to approve any increase in the not-to-exceed amount set forth in the funding section of this Agreement. . 2. SCOPE OF WORK. Upon receipt of written notice to proceed from the DISTRICT, the CITY agrees to perform the services necessary to complete the PROJECT in accordance with the Special Project Terms and Conditions set forth in Exhibit IIAII and the Proposed Project Plan set forth in Exhibit "B: Any changes to this Scope of Work and assodated costs, except as provided herein, must.be mutually agreed to in a formal written amendment approved by the DISTRICT and the CITY prior to being performed by the CITY, subject to the provisions of Paragraph 3, Funding. The CITY will be solely responsible for managing the PROJECT, including the hiring and supervising of any consultants or contractors it engages in order to complete the PROJECT. . 3. FUNDING. The parties antidpate that the total cost of the PROJECT will be Two Million Dollars ($2,000,000). The DISTRICT agrees to fund PROJECT costs up to One Million Dollars ($1,000,000) and will have no obligation to pay any costs beyond this maximum amount. The CITY agrees to fund PROJECT costs up to One Million Dollars ($1,000,000) and will be responsible for all costs in excess of the antidpated total PROJECT cost. The CITY will be the lead party to this Agreement and pay PROJECT costs prior to requesting reimbursement from the DISTRICT. 3.1 The DISTRICT will reimburse the CITY for the DISTRICT'S share of the PROJECT costs in accordance with the Project Budget contained in the Proposed Project Plan set forth in Exhibit "B." The CITY may contract with consultant(s) or contractor(s) or both in accordance with the Special Project Terms and Conditions Page 2 of 8 Item # 36 Attachment number 2 Page 1 of 1 set forth in Exhibit "A.D Upon written DISTRICT approval, the budget amounts for the work set forth in such contract(s) will refine the amounts set forth in the Project Budget and be incorporated herein by reference. The DISTRICT will reimburse the CITY for 50 percent of all allowable costs in each DISTRICT approved invoice received from the CITY but at no point in time will the DISTRICT'S expenditure amount under this Agreement exceed expenditures made by the CITY. Payment will be made to the CITY in accordance with the Local Government Prompt Payment Act, Part VII of Chapter 218, Florida Statutes (F.S.), upon receipt of an invoice, with the appropriate support documentation, which will be submitted to the DISTRICT monthly at the following address: Accounts Payable Section Southwest Florida Water Management District Post Office Box 1166 Brooksville, Florida 34605-1166 3.2 The Project Budget includes any travel expenses which may be authorized under this Agreement and reimbursement will be paid in accordance with Section 112.061, F.S., and District Procedure 13-5, attached hereto as Exhibit nC,D as both may be amended from ti me to time. 3.3 The CITY will not use any DISTRICT funds for any purposes not specifically identified in the above Scope of Work. 3.4 Each CITY invoice must include the following certification, and the CITY hereby delegates authority by virtue of this Agreement to its Project Manager to affirm said certification: "I hereby certify that the costs requested for reimbursement and the CITY'S matching funds, as represented in this invoice, are direcUy related to the performance' under the Implementation of BMPs in the Stevensons Creek Watershed - Spring Branch (L701) agreement between the Southwest Florida Water Management District and the City of Clearwater (Agreement No. ), are allowable, allocable, properly documented,' and are in accordance with the approved project budget." 3.5 The DISTRICT will have no obligation to reimburse the CITY for any costs under this Agreement until construction of the PROJECT has commenced. 3.6 The DISTRICT'S performance and payment. pursuant to this Agreement are contingent upon the DISTRICT'S Governing Board appropriating funds for the PROJECT. Page 3 of 8 Item # 36 Attachment number 2 Page 1 of 1 4. CONTRACT PERIOD. This Agreement will be effective upon execution by all parties and will remain in effect through December 31, 2011, unless terminated, pursuant to Paragraph 9 below, or amended in writing by the parties. 5. PROJECT RECORDS AND DOCUMENTS. Each party, upon request. will permit the other party to examine or audit all PROJECT related records and documents during or following completion of the PROJECT. Each party will maintain all such records and documents for at least three (3) years following completion of the PROJECT. All records and documents generated or received by either party in relation to the PROJECT are subject to the Public Records Act, Chapter 119, F .5. 6. OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS. All documents, including reports, drawings, estimates. programs. manuals, specifications, and all goods or products, including intellectual property and rights thereto. purchased under this Agreement with DISTRICT funds or developed in connection with this Agreement will be and will remain the property of the DISTRICT and the CITY. jointly. 7. REPORTS. The CITY will provide the DISTRICT with copies of any and all reports, models, studies, maps or other documents resulting from the PROJECT. 8. LIABILITY. Each party hereto agrees to indemnify and hold the other harmless, to the extent allowed under Section 768.28, F.S., from all claims, loss, damage and expense, including attorney fees and costs and attorney fees and costs on appeal, arising from the negligent acts or omissions of the indemnifying party's officers. employees, contractors and agents related to its performance under this Agreement. This provision does not constitute a waiver of either party's sovereign immunity under Section 768.28, F.S. or extend either party's liability beyond the limits established in Section 768.28, F.S. 9. DEFAULT. Either party may terminate this Agreement upon the other party's failure to comply with any term or condition of this Agreement, as long as the terminating party is not in default of any term or condition of this Agreement. To initiate termination, the terminating party must provide the defaulting party with a written "Notice of Termination" stating its intent to terminate and describing all terms and conditions with which the defaulting party has failed to comply. If the defaulting party has not remedied its default within thirty (30) days atter receiving the Notice of Termination, this Agreement will automatically terminate. 10. RELEASE OF INFORMATION. The parties agree not to initiate any oral or written media interviews or issue press releases on or about the PROJECT without providing advance notices or copies to the other party. This provision will not be construed as preventing the parties from complying with the public records disclosure laws set forth in Chapter 119, F.S. Page 4 of 8 Item # 36 Attachment number 2 Page 1 of 1 11. DISTRICT RECOGNITION. The CITY will recognize DISTRICT funding and. if applicable. Basin Board funding in any reports. models, studies, maps or other documents resulting from this Agreement, and the form of said recognition will be subject to DISTRICT approval. If construction is involved, the CITY will provide signage at the PROJECT site that recognizes funding for this PROJECT provided by the DISTRICT and, if applicable, the Basin Board(s). All signage must meet with DISTRICT written approval as to form, content and location, and must be in accordance with local sign ordinances. 12. PERMITS AND REAL PROPERTY RIGHTS. The CITY must obtain all permits, local government approvals and all real property rights necessary to complete the PROJECT prior to commencing any construction involved in the PROJECT. The DISTRICT will have no obligation to reimburse the CITY for any costs under this Agreement until the CITY has obtained such permits and rights and construction has commenced. 13. LAW COMPLIANCE. Each party will comply with all applicable federal. state and local laws, rules, regulations and guidelines, related to performance under this Agreement. 14. COMPLIANCE WITH DISTRICT RULES & REGULATIONS. If the PROJECT involves design services, the CITYS professional designers and the DISTRICrS regulation and projects staff will meet regularly during the PROJECT design to discuss ways of' ensuring that the final design for the proposed PROJECT technically complies with all applicable DISTRICT rules and regulations. 15. DIVERSITY IN CONTRACTING AND SUB-CONTRACTING. The DISTRICT is committed to supplier diversity in the performance of all contracts associated with DISTRICT cooperative funding projects. The DISTRICT requires the CITY to make good faith efforts to encourage the participation of minority- and woman-owned business enterprises, both as prime contractors and sub-contractors. in the performance of this Agreement, in accordance with applicable laws. 15.1 If requested, the DISTRICT will assist the CITY by sharing information to help the cooperator in ensuring that minority- and woman-owned businesses are afforded an opportunity to participate in the performance of this Agreement. 15.2 The CITY agrees to provide to the DISTRICT, upon final completion of the PROJECT, a report indicating all contractors and sub-contractors who performed work in association with the PROJECT, the amount spent with each contractor or sub-contractor, and whether each contractor or sub-contractor was a minority- or woman-owned business enterprise. If no minority- or woman-owned business enterprises were used in the performance of this Agreement. then the report shall so indicate. Page 5 of 8 Item # 36 Attachment number 2 Page 1 of 1 16. ASSIGNMENT. No party may assign any of its rights under this Agreement, including any operation or maintenance" duties related to the PROJECT, voluntarily or involuntarily, whether by merger, consolidation, dissolution, operation 'of law, or any other manner without the prior written consent of the other party. In the event of any purported assignment of rights in violation of this section, the parties agree that this Agreement shall terminate and is void. 17. SUBCONTRACTORS. Nothing in this Agreement will be construed to create, or be implied to create, any relationship between the DISTRICT and any subcontractor of the CITY. 18. THIRD PARTY BENEFICIARIES. Nothing in this Agreement will be construed to benefit any person or entity not a party to this Agreement. 19. LOBBYING PROHIBITION. Pursuant to Section 216.347, F.S., the CITY is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 20. PUBLIC ENTITY CRIMES. Pursuant to Subsections 287.133(2) and (3), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any publiC entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months following the date of being placed on the convicted vendor list. CITY agrees to include this provision in all subcontracts issued as a result of this Agreement. 21. DISCRIMINATION. Pursuant to Subsection 287.134(2)(a), F.S., an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids. proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. CITY agrees to include this provision in all subcontracts issued as a result of this Agreement. Page 6 of 8 Item # 36 Attachment number 2 Page 1 of 1 22. ENTIRE AGREEMENT. This Agreement and the attached exhibits listed below constitute the entire agreement between the parties and, unless otherwise provided herein, may be amended only in writing, signed by all parties to this Agreement. 23. DOCUMENTS. The following documents are attached and made a part of this Agreement. In the event of a conflict of contract terminology. priority will first be .given to the language in the body of this Agreement, then to Exhibit "A,. then to Exhibit "e, and then to Exhibit nB.n Exhibit "An Exhibit "B" Exhibit "C" Special Project Terms and Conditions Proposed Project Plan District Travel Procedure 13-5 The remainder of this page intentionally left blank. Page 7 of 8 Item # 36 Attachment number 2 Page 1 of 1 IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this Agreement on the day and year set forth next to their signatures below. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT By: David L. Moore, Executive Director Date CITY OF CLEARWATER By: Frank Hibbard, Mayor Date By: William B. Home II, City Manager Date COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST R...ORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR IMPLEMENTATION OF BMPS IN THE STEVENSONS CREEK WATERSHED- SPRING BRANCH (l701) DISTRICT APPROVAL INITIALS 'ITE lEGAL A.U5M J'lfJI. RISK MGMT ~ . CONTRACTS . RM DEPT DIR . IlEPITTYEllEC DIR _ GOVERNING BOARD Page 8 of 8 Item # 36 4. 5. Attachment number 2 Page 1 of 1 AGREEMENT NO. EXHIBIT "A" SPECIAL PROJECT TERMS AND CONDITIONS 1. CONTRACTING WITH CONSULTANT AND CONTRACTOR. The CITY may engage the services of a consultant{s). hereinafter referred to as the "CONSULTANT," to design and a contractor(s}, hereinafter referred to as the "CONTRACTOR,'" to construct the PROJECT in accordance with the Proposed Project Plan attached as Exhibit liB." The CITY will be responsible for administering the contracts with the CONSULTANT and CONTRACTOR and will give notice to proceed to the CONSULTANT no later than May 31.2007. APPROVAL OF CONSTRUCTION BID DOCUMENTS. The CITY must obtain the DISTRICTS written approval of all construction bid documents prior to being advertised or otherwise solicited. The DISTRICT will not unreasonably withhold its approval. The DISTRICrS approval of the construction bid documents does not constitute a representation or warranty that the DISTRICT has verified the architectural. engineering. mechanical. electrical. or other components of the construction documents, or that such documents are in compliance with DISTRICT rules and regulations or any other applicable rules, regulations. or laws. The DISTRICTS approval will not constitute a waiver of the CITY'S obligation to assure that the design professional performs according to the standards of his or her profession. The CITY will require the design professional to warrant that the construction documents are adequate for bidding and construction of the PROJECT. 2. 3. DISTRICT PARTICIPATION IN SELECTING CONSULTANT AND REVIEW OF CITY'S SELECTION OF CONTRACTOR. Upon notifying the CITY'S Project Manager. the DISTRICT will have the option of .participating as an evaluator in the CITY'S process for selecting the CONSULTANT in accordance with Section 287.055~ F.S. The CITY will provide the DISTRICT with a tabulation of CONTRACTOR bids and a recommendation to award. The CITY must obtain the DISTRICrS approval of the selected CONTRACTOR prior to proceeding with construction of the PROJECT and the DISTRICT will not unreasonably withhold its approval. APPROVAL OF CONTRACT. The CITY must obtain the DISTRICTS prior written approval of all contracts entered into with its CONSULTANTS and its CONTRACTORS as referenced above in item number one of this exhibit. The DISTRICT will not unreasonably withhold its approval. COMPLETION DATES. The CITY will commence construction on the PROJECT by September 3D. 2008, and will complete the PROJECT by October 31, 2011. However, in the event of any national. state or local emergency which significantly affects the Page 1 of2 Item # 36 Attachment number 2 Page 1 of 1 CITY'S ability to perform, such as hurricanes, tornados, floods, acts of God. acts of war. or other such catastrophes, or other man-made emergencies beyond the control of the CITY such as labor strikes or riots. then the CITY'S obligation to complete said work within aforementioned time frames will be suspended for the period of time the condition continues to exist. This will be the CITY'S sole remedy for the delays set forth in this paragraph. . Page 2 of 2 Item # 36 Attachment number 2 Page 1 of 1 AGREEMENT NO. EXHIBIT nB" PROPOSED PROJECT PLAN Project Description This PROJECT consists of design. development of construction documents, construction permitting, land acquisition, bidding and contractor selection, construction of the BMPs, and construction engineering and inspection. Refer to Attachment 1 for the PROJECT location. Scope of Work Key tasks to be performed by the CITY: 1. Attend one meeting with the DISTRICT prior to beginning the PROJECT to discuss the approach, schedule and budget; 2. Prepare a design, Design Report. and Environmental Resource Permit (ERP) application; 3. Prepare construction documents; 4. Provide the DISTRICT with the Design Report, ERP application, and construction doc~ments for review, and approval; 5. Bid, select and hire a CONTRACTOR to complete the construction in accordance with the DISTRICT approved construction documents; 6. Provide construction engineering and inspection services during construction; 7. Monitor all phases of construction by means of survey, observations and materials testing to give reasonable assurance that the construction work will be performed in accordance with the approved construction documents set forth in the DISTRICT approved contract between the CITY and its CONTRACTOR; 8. Provide the DISTRICT with one copy of a summary of the construction quality assurance data. construction record drawings and permit related submittals; and 9. Be responsible for any post-PROJECT reporting that may be required by the permitting agencies. Page 1 of 2 Item # 36 Attachment number 2 Page 1 of 1 Project Budget Description CITY DISTRICT TOTAL Design, Permitting, and Construction $ 75,000 $ 75,000 $ 150,000 Documents Construction Eng. & Insp. $ 50,000 $ 50,000 $ 100,000 Construction $ 875,000 $ 875,000 $1,750,000 Total: $1,000,000 $1,000,000 $2,000,000 Project Schedule Description Completion Dates Design and Permitting & Construction Documents September 30, 2008 Complete Construction October 31, 2011 DISTRICT Review of as-built drawings and quality assurance December 1,2011 test results Page 2 of 2 Item # 36 Attachment number 2 Page 1 of 1 Item # 36 Attachment number 2 Page 1 of 1 AGREEMENT NO. EXHIBIT '.CH Attachment number 2 Page 1 of 1 I I PROCEDURE SOIlTBWlST J'I.OIUDA WA.TJ:R.M4NAGDIENT DISTItICT , . To obtam autborizatioD to .vel and incur travel rc1atDd apcDICI (iDcJudca traioiDI aeaaioDlI conducted at other Dialric:t offices) . .To request ~ feepayJDeldl . To request travel advances. Item # 36 Attachment number 2 Page 1 of 1 I I . PROCEDURE SOUTIIWUI'I'LOIIIDA WATERMANAGIMENT DISTRICT NUNBBIt:'I3-S PAGI: 3 of 16 1'I1U: TRAVEL SICTIONIDIP11t. AC APPROVED: . G tot FINANCIAL REPORTINGIFINANCB DAB: 08130196 SVPUSBDIS: 13-5 Dated 06101196 TRAVEL AUTHORIZATION (codaaeel): GovrmiDa Baud membews mUlt. 1118 die travel aaIbGrizIdcm foIm for prior appIowJ of llOIHdIedaled travel aataidD the DiItric:t iDdudiDa ~ Ii ~ca&:eI Or ccmveatioaI. All Idled.... 1mvel for Ocm:miua Board mcmbm outside tba' District iDcJudil1i ~ at CDDferODCOlI or cmm:aIiaIII RqUira ~ IIppfOWI tbrou8b tbo CCXIIGIt IpIIda of a replar IIIODthIy Govc:minI Board meetiJIc. Buill Board members must use the travel autbmizatioD ,fonn fOr prlor approva1 of aU travel (iDc1udiD.g to Gove:miDg ~ meWDp> okthID travel to BIIin ~ Coumlt.mtIIIld advison IbalJ. be &lIIbarimi u travelcri ofthll DiI1Iic:t uuda' tIu: team of. cozdIIIct or apeement executed by the Bucutiye Dinctor or AIIi~ Bueudve DirecIor. Advisory cammittee mambers Iball be autborized 111I8vllan of tho DiBtriGt by b1aDkct travel autbDrization with ~ list ofaIl iDdividuaIa selected by the Bucutivo Direca to setYe aa that' CGIDII1itIoo. TbilIiItiDg abaIl be updated by 1bI Eucutive Dcpartaat wbm members 11m ranowd or added to the list. PmploymaDt r.qcfidatn for IIUIII~ or proftuioDIJ politiou Iba1l be autharized II travclca of the District UDder a travel authorization fomI pnpmd by ... HDmIIl ReIourceI DcputIIIcId repraentaIiw It the time 1mvel ~ iIre made. The Trawl Voucber foaD wDl alia be pscpm:d by tbc Humm R.c:Ioun:cI DepIrtmcDt .l.oprc-ntative in ccm.juDctimI with.tho typo of reiJJlbanlllUDt aped to by the CIQldidlte C.mdidate will bel akcd to'liaD the authnrim:ion aDd trawl vouchci fozma 1IpOD 1r1iva11bi' the iDtcniGw. lb.c foma mUlt dcfiDo tho publiG p1IIPOlIC ad IDcIvdo deatiaatioa. datu of trawl, mode of traasportatiaa. ~...... cost aDd reqaind IppIOVII aulbDrity ~atvres prior to ICbMid"'r dID IIBgeL lbe pre-priJ1ted farm malt be typed or complBted in iak. A cap)' of the fUlly cucub:d Travel Authorization must be OIl file in tbD traveler'1 cIeputmm1t ,rIor to depIrture tor all uavaI PWPO" 8Dcl remain on file for the cmreat fiIcal year pluI CD year. BLANKET TRAVEL AUTHORIZATION: If III rmp1ayca travels qalarly for WOIk .~ to. putic1I1ar location or similar kalicms. a ~ traveI-nt\ori-nOllfoIm should bel completed to cover the cum:nt fiscal: year (or mquinld travel period for tbo IlHil'""fI!I'Iq aDd placed OIl :Clle in tbe FiaaDce DeparIa:lIm. The fcxm IIUIIt be Dpd by the traveler meld requin=d appl'OVll authoritioa. Item # 36 Attachment number 2 Page 1 of 1 PROCEDURE' SOllTllWESJ' FLORIDA WATIR MANAGDIINT DiSTIller Nt.INBER: 13-5 PAGI: 4 or l' 1lTLI: TRAVEL SlCTJONIDRr;t= AC UNI1NG & FINANCIAL RBPOR.TINGIFlNANCB .uPB.OftD: DAD: 08130196 .sun-mmm 13-5 Dated 06101/96 . BLANKET TRAVEL AlJTRORIZADON (atD1laaed): . The completed travel aud1oriza1ioa fonn 8bI11 iJuUcate lID .u ncedecl" 11atUI. . The white ..d piuk COpies oItbc tlaVeI authoDmtioD fom1 mlllt be nbmiued to b Act:01mts Pa,Ib1c ~ ofb FiDIDclo Dcpa.'1IDCDt Cordle FiDBDca file ofROOrd. 1bc ycUow copy IIUIIt beretaiucd in the travoIcn departmeut file for the CIIIRd fiICIl year pJua aac Year in comp1iaDce with the State RctcotioD Schddo. . Each time a Tzavcl Voucher i. abIIIitlDcl utili... a blubt .tn.vel autbarizatioD. tile traveler DUIIlrefenmce tlul-TA-M#t# on the Travel Voucher form. . A muter b1uIbt bVe] autboriZItion a.y be mbmitted to cover a111ocatioDs witbiD the Dis1rlct bouDdaDes. althou&b. fbr regular wmt usip"'enU oablde DiItrict boundaries a separate "b1IDkct" am ~tborizatiQll will be Rlq,uirod for eaCh specific loca1ioa. - . . BIIDbt tm!el authoriza1ioDs do _ iDcIicato the point aforigia. 'Ihltlawl voucher submitted for this type of travel will documeI1t the point of Drip. approved. by tbD mpcniIcx'. SlGNATIJIU'S REQIDRBD FOR TllA VEL AlJTB9B1ZATJON: n. tIaveIermuat lip tile lomi ill iak ad ICCUle the appropriatII approval authority sip...... u~ No aaa may CIUIdIe sipiture autbority for himselfor heaelf. rather, approval ofabigbc:r leYel ofautbortty IDDIt be obt8ined. . TRA VRT .ToR: 00vemiDc Boud mabm (n:quiIal for lIOIHCbedalccl traYOI 0DtIid0 DistriGt iDc1udiDa c:cmf'amc:u or ccm.VCIdiaaI emly) APPROVAL SIGNA1'l1RE RBQVIRBD: GovcnIiDs Solid Mu..........n 01' Vice CbairIDID . . . TRAVRI.rD- Basin BoarclIDllllbcn (requind for all travel iD.clv~1 Govcmiaa Board. meetinp; DOt requirad for Buill Board mecIiDp) APPllOV AI. SJGNATUU REQUIRED: Buin Baud. CbIirmm Bx-ofticio or 00venUDs Boaril Chairmaa or Vice Mllmman . TRAVELER: Executive DiRctoT (n:quircd. for IraVel outBide tho DiItrict mn"....;a IDd to attral cooCc:rcoces or conventiaas) APPROVAL SIGNA~ REQtJIRED: OovcmiDg B08{d CbIirmm or Vice Ch.innan . TRA VEUR: AssistIIDt Bxecutivc Director APPROVAL SIGNATURE REQUIRED: Executive Director Item # 36 Attachment number 2 Page 1 of 1 . I PROCEDURE SOl1TllWEST FLORIDA.. WATER MANAGDDNT DISTlUCl HUMBER: '13-5 PAGE:.s 01'16 TITLE: TRAVEL SICI1ONID:IP~. Ai. APPROVED: . 0" FINANCIAL REPORT1NGlFINANCB DATE: 08130/96 SUPBRSI'.DEII 13-5 Dated 06101/96 S1GNATUllIS REQUIRED I'OR TRAVEL AUTBOlUZATION (&:GDaaaed): . TRAVEl .Rlt: Deputy Executhe DiIccton, GcoeraI CouDIclIlld ~ 0cncnI APPRQV ALSlGNATURE REQUIRED: EDcudw DirecUlr or J.pirdlllltBucutiYe DiIecD' . TRA VIlI.R'q: Attoruya APPROVAL SIGNATIJRJ: DQlJIRSD: Gcural Counsel . TRA VELBR: DiRctoIs . APPROVAL S1GNATORJ: UQ1JIR.ED: Deputy BDcIltive Directors . TRA. VELER: Employaa (outside the state) APPROVALSlGNATtJREDQ1JIUD: SupeniamI aadDepartmmtDirectoD.lIJdDeputJ Bxecative Directora 01' GeDaaI C~ 8Dd AasiI1Imt Euculive DirecIor or his M.iJPI-' - . TRA VELBR.: Employees (witbia ItatD outside District or to CODferaDceI or coaveDtiaDI) APPROV A.L SIGNATURE REQUIRED: SupervisaD 1JId.Departma1tDD=torl md. Deputy Bxecative Dbctms or GeDeraI CouD8el . TRA VB1JtR: Bmp1ayeeI (ud!: Diatri~ DQI to cODfi:leDces 01' conventioas) APPROVAL SIGNATURE REQUIRED: Superviaors IDd~DiRcton or~.- . TRA~R: A.cMson mcI Co~ ,APPROVAL SIGNA'I1JlIE REQ1JIRJID: Dcput)' Becative Dircctora .. TRA VELl!:R: Advisory Cmnmi~ MembaI APPROVAL SIGNA.TURE BEQUIRBD: Ex.ecIltiYc Director or .w.;&J- . TRAVELER: Employment (>ndidatel APPROVAL SlGNATUU REQUIRED: Deputmmt Director afbsr coordiDatica witb Human Resources TRAVEL VOUCHER: A Travel Voucber fonD sbould be c:omplclmd ,","""",iRf'l!!!ly upoD Rtum :ftom . acbedu.1ed trawl period to verifY II related expcmca. A Iravel voucher form mUlt be mbmittcd to ACCOUDtI Payablo withiD thrco workiDa days ofzetum from a travel period when "AdvIDcc Travel Paymat" bu bcca rcceMd. If DO ".AdvaDce Travel Paymmt" bas been received. a travel voucher form mlllt be submitted to Accounts Payable within tbirty days ofretumiDg:&om a travel period. Item # 36 Attachment number 2 Page 1 of 1 I . PROCEDUD SOU'I'BWBST rLOlUDA WATIR MANAGDlBNTDlSTRlcr NlJMBE&:' 13-.5 PAGE: 6 of 16 TID.E: TRAVEL SICTIONIDR APPROVED: G" FINANCIAL RBPORTINGlFINANCE DATI: 08130196 SURRSEDIS: 13-' Dated 0&'01/96 TRAVEL VOUCHER (co....1IId): 'Ihl pIO"p-u,tecl tm'eJ vwcIa ram. IIIIIIt be typed <<completed in iataad ~ ~ (i.o., capica oftravc1 autborization farm. ~ rePtntiOll form, eIC.) IDUIt be IUIchccL BIIDbt travellIUtbariDtioD fixma bD filt" 'r; F"IIIIDCO must be refermccd on the Travel Voucbe:r by pnwidiDg tba TA-#II#tI#. . EIcb oae--way mp II11IIt be ClIIteIad 011 a IcpII'Ite IiDe ofdle TnveJ Vaudler. The point of origin (:Iiom) and ~QD (to) must be indicated. . The first wl.- (ane-way trip) oftravol period mDlt incIudD the .... timo deputed ftom the paiDt otDlisiD and. dID lilt ,.. of that tIavd period must Ihow the timD .odb.&~ aDd locatioD of tIuI datiaatioa. Hour of dIpartIn ad boar of remrn lie nqaiIed far all trav8I periods. ContiDuoos1lavd padods woulchequile nc:GIdiD8 the time at the ~:""1 oftbD first ..... aad the time at completion oltbe &Da1 llle.. II . CcmtiDDous1l'&Vel between VlriWl dmiaatiomlll1llt be demiled em the Travel VoucIu:r. Each IIleg' of t!ftfttiftnnua travel will iDchIde a point of oriaiD. deJtillMinnlDd .JIOCiated expI~\fMn ofpublic pwpoIIL . The public pIlIJIOIe requiR:mcrdI mut be defiDaI on the Travel VOIIChcr by iDdic:atiq: topic of a meetiDI (i.e., Meetin& OIl SWIM IuaeI, MeetiDi with Deputy DiRctur), type of coar.eace OJ' CCDmIltioD (Le., GFOA CoDftnDce, A WW A ConfeIGCI). purpose of an cvaat (i.e., a"bbaa . CIIttiDg fix' 'eMcc oftice), etc. Govcmioa BDd .Bain Rami membcn may elect to submit Travel Vouchcn quuterly. VICINITY MILEAGE: ViciDity mileaF rcpreICIltI miIeI drivco after urival at ad dIIpIrture ftom a point of destmaticm to lIIIOtbiIr.poiDl wi1bia tile .... city ouIy wbm "'-P"Y to ccmduct . ofticial buiDca duriq the period ~ "viciDity" 1m'Dl. ViciDity mIleap mut be mpo11ed separately OD. the Travel Voucber form aud In f!l\P11I1'llltiftn IDUIt be included to juatify public PIUpOID. Ileport date, deatiDatioa. public ~ ad ",=&,nnil\g aod ~ odometer l'CII,m.p (Auto Miles Code 112") 011 Tnm=I VoucMr to provide the nquired clocamaD1aticm. "0c1amctcr MiIcap ToIFram DcltiDatiaaIl (Auto MileI Codcl"3 -> is DOt eoasic1end viciDitymile8p (see AUTO BXPBNSBS for r~ requin:maD). . . SIGNATURES REQunum llOR TRAVEL VOUCBJ:R: The trawler muat Iign the fonn in iDk IDd aecure the appropdllte approvallJlthority lipatma u inllioatecl No one may axm:iIe signature authority for himself or 1lcne1f; nther. approval of a hiJber level of authority IIlUIt be obtained. . Item # 36 Attachment number 2 Page 1 of 1 . PROCEDURE SOV1'BWEST PLORIDA WATER MANA.GDD:NT DISTRICI' NUMBEIl: .J3..S PAOI!: 7 ar 16 TlTLB: TRAVEL SECIIONIIDP APPROVED: G" FINANCIAL REPORTINGIPINANCB DATI: 08130196 SlJPDSEDBSt13-S Dated 06101/96 S1GNATtJRES UQlJIRBD FOR TRAVEL VOUCHER (CODtIIllled): . TRA VRT .1l'JI~ CJovemins BOIrIi ad BaaiD BoIId mcmben IIIMI Executive Director APPROVAL SIGNATURE REQ1JJRBD: Tavelr:r is cmIy .1lftJftl~ IalCClPt aslltlad. in the SOlId Pollcy when prior approval iI required . TRA VELD: ~St8llU!DClltiW Dinctor APPROVAL SIGNA~ 'REQUIRED: Bxeealive Dira:tor . TRA VET .1r.Il: bep.uy Bucidive Directon. General COIIDIeI aDd IDspector 0euenI APPROVAL SIGNATURE REQtJIRED: AsaistaDt Eucuciva Dinctor . TRAVELER: Attomoya APPROVAL SIGNATURE REQ1JIUD: GcmraI CouDIel or Scai9r Supc:rriaiaa AtIDmeJI . TRAVELER: Direc:tora _ APPROVAL SIGNATURE REQUIRED: Deputy Executive DiIectorI . TRAVELER: ~1oyees APPROVAL SIGNATURE REQUIRED: Supervisors lDdIor )I.~prJ IIId J)eplIrtmi:Dt Dincton or deaigDcc . TRAVELER: AdviIOII uui CoaIlIltultl .APPROVAL SIGNATURE REQUIRED: Deputy ~ve DiR:ctor . TRA YIlT .RlI; AdYiIory Committee Mcmbea . APP~OVAL.SIGNATUltE REQVIRED: Bxccutivc Dircc:toror cbipclCl . TRAVELER: Eqioymeat ~teI APPROVAL SIGNATURE REQ11IRED: Dcpartmeut DUecun upon coordiDatioa. with HlIIDID Resources ACCOUNT CODING: All travel fOIma relating to . spocific travel period IDUIt bear the same _nnftmw d8ta to ~Opedy identify.the traWla'I departmeat. sccticm. public p1IIpOIe and w.tioD as Well as the fimd 8Dd ICCouDt to be.cIua:pd. Item # 36 Attachment number 2 Page 1 of 1 I I PROCEDURE SOvtBWlSTrLORlDA WATER.MANAGDIENT DISTIller NUMBD:.13-5 'MB:lofllS 1TI'LE: TRAVEL SBCTIONIDIP~:. APPROVED: ~' CLASSES 01' TRAVEL: Clua A ad B travel sba11 iDcIode ~ lllipncat OIl ofticiaI District busiDea away tom official bcadquIItI:a wbm it is CQlllIidMed J:CIIIOIIBble and DCCCIIaIY to stay ovamigbI iDd for which. iravol expeIIIeIl1'IllpplOVcd. Class A CommJl'1ll tIaWl of24 boun or more away from official heIIdquarten and away ftom bame ov-iaJd- 11IiI iI calculated hued 00. four equal qurteO ofaix hours CId1 which' sbal1 be . ca1fl!ftlla1' day (JDidn~gfd to midnigM). ' Class B ()mtinnnus travel on_ tbal24 hmIrI wbich involves overnight abIca:o fIom oftDal bCIIdquIrtI:n lIlIlaway Dvm hcrmc ovemisbt- TbiI iI c:alculatal baed OD 6-hour cycIa ~nnil\l at tbD hour of cIepIr'tl.R. Class C' shOrt or day~time ~ wbore tho traveler illlOt away 'tom ofticial hcIdqwa1m ovemipt or whem. travel occun duriDa: CYCDiq boun.clue to special _nip..-t to COIlduct Diltrict busiDcu. .PER DIEM: (Relata to Class A. or B navel Only) (1) A fJatI8leup to $SOper day (S12.S0 pll'quartm day) rcquiriDg DO rec:dpts forRJDIIII or mala. or .'. (2) ~ for dIIlClUIllodgiq COlt for liD&lo 0CC1IpIIICY to be ~1dM bypllid biIII, ,u WIll u the authorized mul alIowIDce IateI delcribcd below. WhcD 10cJaiD8: or mcalIare . provided at a state iDstitutioD, thi= traveler sbIIl be reimbunccI ODly for the actual expcIIlICI of W!g;"1 or IDeals DOt to exceed the maximum aIloWmccL - or (3) Two or more Dislrict emplayeea electiDs to .. a room wbiIe traveliD& 1IDdelr ClUI A or B travel ... _ elIc:t the IIIDO per diem metbod of reimbunana1t (1) Or (2) u delcJibed above. If nimburaemeat option (2) is eJected.. cmIy the ICtaaI cost oftbe room. II Well u the authoriJJed mal alloWIIICeI shaD be rcimbuDed . or (4) In tho cue offmailD 1IBvcl. the trawler may cbooIc the State per diem rate.. stated above or . tbo fmeip travel per diem ndIl.. authorizad by Section 112.061(3Xe). Flarida Statutes. To be elillDIe forpeuliem or any travel cxpeaso aUowances, the travel mUlt be authorized by the appropriate approval authority and mUlt meet the public puIpOIIo requircmeDl Item # 36 Attachment number 2 Page 1 of 1 I PROCEDURE S011'l'llWES'l' noRmA. WATIIlMANAGEMENT DISlRIcr NUMB&: 13-5 PAGB: 9 of I' tn'LI: TRAVEL SIC1'IONIDEJI APPROVED: MEAL ALLOWANCE UTES: (Relates to C1III C Travel) To Receive Must DepIrt Must 1WtDm ~ent'Por: Prior To: Aftmo AIIftWUICfl Breakfat 6 Lm. 8 LID. S3 Lunch 12 noon 2p.m. S6 DiIIIm 6p.m. 8p.m. 512 - Meal aUOWIDCCI will be paid to paIODI in Class C Trave11tata8 wbm puticipatiaa ill 1ICbedl'" public n'~p. aemiDan. wnm""" special autpnentl or 0tbI:r oftIcial buaiDOu which occuq outlide tbo uaana1 WOIk .",pnvmt ora 1raftler. FiaId IfafI' abIIl ouly RCCive.mCal aUoW.ncc(s) wIu:n m ....1""'= requircI avcrti!Da Italua IiDco their zux:maI work -npneut is -in dae field. II . In ~liIDce ~th 1Dt-.1 Revaue Serviec. PubJicatioD. 1St CUcu1ar E. :Employers Tax CJuide, Class C mal aJlowmce reimbursemaDts lie subject to CODSideratioD u income for.tax pDpOIII. When a coafermco or caavmtion ngistn.liDD fee iDcludeI meaIa. tIm IIaVelcr wID Dot be Nimbuned for the meals being pnMded. Iftbrl pIOJrIDl fix'1 c:cmfemIce or conWDtiaD atatoa tbat br-Irfa-. IUDdl or cIbmer is iDcluded. in the tie. the traveler iI expecIed to RlCCive that mcaI witbaat :reimbaacmcDt. (CcmtiMDl bnIIdiIt II c:aDIidad a 1nIk&It IDd is DOt I1timb1aab1e wbiD plQVided. Bnmch will be CODIidarccIat.. hmch IIIowaIa mtD.) R.eimbanaDcDt formal ~ will be the IppIOpIiate meal aIlowua DIe roprcDess or1be IC&UIl COlt of tho moaL The traft1cr DlUIt absorb any cost above the meal all.owanee ammmt;. TIps wID Dat be nimbuned. AUTO EXPENSES: Mileap will be Rimbuned at tho rate ipproved by the State leaiIlature for the round Irip :fiom the 1Iavalcr'1 point of orisin tp poiD! of datin.tiaa wbm1 the tmVeler is authorized to use hill or Ju:r OWD pcrsoDBl vehicle for ofticial District buiDeaI. ThD followiDg pM~DeI tpply: . It is tcC'.nn'I",~ that a District pool VClbiclc be used for all DiItrict tnwc1 ualoss aae .. DOt available or UIe. of a pcacmal vehicle wou1d be men ofJicieDt ... eoII: eff'cctiw. Use of a pcncmal vchicIc Iball be autharized by the travelcrt. DiRctar u deemed IppauplA . . All milup clIimed must be by a uual1ytraveJed roUle :fiom the point of orism to 1be poW of destinatiOll. Cbapter I 12.061 (7)(a). Florida Statutes. states. IIAl11ravd IDUIt be by a UIUIlly 1rBVded routc. In case. perIOD uavels by an indirect route for his own coawnieDce. my extra coats shall be bame by the tnvelcr; IDd reiJnbuncmeIlt for cxpcmes Iball be based cmIy DB such charges u have been iDc:1Imd by a UI1IIlly traveled route. II Item # 36 Attachment number 2 Page 1 of 1 I PROCEDURE SOU1'llWl:ST I'LOIlIDA WATER MANAGIMENT DISTRICT NUMB8&: J3-S PAOB: 10 of.6 1TI'Lf.1 tRAVEL SlC'l'JONIDEPAR APPROVED: G Ii FINANCIAL RBPOI.TINOIF'INANCB DA.~ 0IJ30J96 SUPDSEDBSll3--! Dated 06101196 AUTO EXPENSES (COIItlnaed): .~b~M~__m~~R~~ti~~~ indicated em tbc Florida Dciputmcm ofThllllportalioaofticill tnmsportaticiu map. mileIp IhIJl be dotormiDcd by Usinc the 0fticia1 Bilhway MUeagc cIwt (Bxhibit A). which pIOVidDI the computed diItmcc 1iom the "town" of oriain to the "town" of dc.nnatioo. DOt ICtlIaI odometer nedi~p. If either towDIcity docs IlIIt appear on the ~ or when iDvolved iD viciDity tlavc1, mile. shoqld be sbowD by actual odometer radiDp. Wbcncver employees travel betwclc:a District service office,. mileap abaIl be detamiDed by 1IIi:q the Distdct MiIeap ChId (Exhibit B). . For all ccmtinuoas tmel1rips rcportiDa tho cmplOyeo'l bailie as tile poiDt of oriain (deputure . point). thD allOWlble milaqc fEom tbD point of origin (employee's home) to the fiDt work ItDp . shall be the 1...- of UIe actual odometer miIeap or the cIiI1aDce fiom the employee'. ofticial headqlIarten to hiaIIw fint work stop. . Far ~ r.ontinuoul traVel1ripl ~~ b employed. homo u. fiDal..tioD.. 1ba IIlowable mileap Bom the lilt Wod:; Itop to tbr: fiDBl datiDaticm (aaplOya:'s home) sbaI1 be tho laser of tba actual odometer miIcap or tbe diIlaDce fiom tba aaployeII'sllllt work It.op to biIIber ofticial beidquarteD. . Reimbuncment for ~turelleIatiD& to tho apcza1iDa. maiDteDIIIce ad 0WDIIIhip of a penonaJ vehicle, other 1bIIl mileip is DOt permitmd. . Two I'OUDd trips to ID BiIport: may bel approved ifit is rWf!lminM to be men ClClODOIJ1jISl tbm ODe mUDd trip plua the airport parkiq fee for the prncmaI vcbiclc during the schecIu1td trawl. AUTOMOBILE llENTALS: Bach GovemiD& Baud member, tbe Bxecative Dinctor, Allimnt Executive Director. Deputy EDcutivo Dinc:tor. GaJegJ. Co1maeI. attomeyIlIDd ~ iDdlvidalll IIdhoDzed by the GovemiDg Board or Exeadive Dhectar may be suppliccI a RaJtal ApDt:y CeIl1ral BiDing craDt Card fbr t;beir 1110 wbi1D 011 ~ basmeu. PmehuiI'I will orda' ad ctiItdbatc tbIl canis after rec:civiDg aD IppIOWd CIedit CIadsIICt:yI Rap:st faim ftom the autIJ.oIisd DutividulJa. AzJ : ".~ who is tequired to use a reat8J. auto, but bu DOt beCD uaiped ID auto CNdit cizd. iDay RlqL:..~ ~ I RaI1a1 Agancy ODe Trip Tmvd Order (O.T.T.O.). Tbc O. T.T.O. is a subItitutD for aD auto ClCdit card to bD used only oace. Travclcrl may request the C.T.T.O. by submiUi:aa: . memo to Purchasing with I copy their fully executed Travel Authorization form attacbed. Item # 36 Attachment number 2 Page 1 of 1 I PROCEDURE SOUTRWIST I'LOIUDA WATER MANAGEMENT DISTRICf NUMBER: 1:1.' PAGE: 11 of 16 TITLE; TRAVEL SEC110NIDEPAB AlPllOVU: . ACCOUNTING &: FlNANOAL .R.EPOR.TJNGJFINANCB EFnCnVE DAm 08130196 SUPERSBDIS: 13-5 Dated 06101/96 AUfOMOBILE RENTALS (atDdaUed): The Cleditcard lIDd O. T.T.O. are pmridcd by tbclaltll apacy.. part ofia apICIDIIIt wi1b tb8 State of Florida. IDdividuala usiDg . credit card or O.T.T.O.II8 to r:DIIIR: tb8t IhD proper diaccnmt is applied, dud DO Illes tax iI"cblqed.1Ild that tbIllDOll economjcal type ofvehido to approprJateIy ac:cxwn~odatc the tnvd m:cds is RqUCIted. ClUl. leA) . 2(Bj 3(e) 4(E) S(V) Velriclll!l Si2: Sub-COmpact Compact IDtmnediate Full Size 4Idr Mini-Van C'~ BeAR. CDAR. mAR. FDAR. MVAN AIR TRAVEL: It is the rupoasibility of the ~']i.,. dcpatmeat to dctc:nDiDo Ibe most cc~CI1 method ofVavel prior to m.m.a racrvatioaI. RaIe:rYBtioas may DOt be ma uatil .ppropriatc .tIavcl authorizatiaIl mquinmadl haw: bDCD IDGt. 1111 DiItricl'I c:cDdmCt Travel ~ senm pavidcr.sbould be utilized acIuIiwly fbr IOqUeItiq r..,n..-- ad hNWiftl tIighta UDlcu lUhataDtial saviDp em be naJized by utili2il\g ID01ber IOUICC. 'I'bc rapectin deputmmd: is respcmsiblo far m_1rftt,a. ehm1gjng lJJIJIor _un., mervatiau. All ~-aat fJiahU wiD be eOICh clus UD1ea DOt available. Air Tn.ve1 ClrdlII8 czedit CIIdI accepted by malt iDlJar airlines for fIi&bb limited to Notdl AIpcrica. 1hDH carda III cxdend, ...ipd IDd diltribulld by PumbaIiDg UIe Cndit CadtIKcyI R.equat bill to requat In air tnM:t carel NoaDaIly. these CIIIda _ oaIy iuued to GovcmiD& Board members, tile Eucu1iYeDilector. AllistaDt&ecUlive DiRdor. Dqndy Eucutiw Dim:tou. 0eIIrn1 CouDaoJ. Dircx;tom and AttomayI. Other Itaff may roquaat air trawl GAIda cmIy .... obtaiDiDs autborizatieD &om tho Executive Dircctar. .Tmve1ra must maiD the pua.....P"rec:eipt from the used airliDe ticbl: (lut plIO oftickct). Upon ntum to tIUI Dillrict, Ibis receipt mast be forwIldecI to Ac:couDtI Payable within tIRe busiDesa days with the traveler. .ig1l-turc and appropriate acc::cnmt codiD& on the copy. CIIARTER FLIGHT SERVICE: 'Ibia acrvicc is to pIOVido IpCCific Ir8DIpart8tioD to attEd ~J ctr:. iD order to CVDduct Dis1rict buliD1w (owrfIi&hta IIRI adudcd iam. tbiI praczdum). hquoata for GovemiDa lIJIJIar SIIiD BaIrd membeII. Executive DiIector, AlliPllQt Bucati:ve Director. Deputy Bxccative Dirccton aod Gcaenl COUDSCl cJwtar flights will be IIIDIlpd tbrou&b the Bxccutive DepIrtmaDt after receiviDg approval as stated iD. tb= Po1iey. The UIC olebarta' tJishb by daft'mem.beD Ihou1d be an exception aDd must be .1IthorizecI by the Executive Direetor. A requilition (RX) moat be CIIltered into diD f;ftJlftcial system with tho flight scluIduIe infoImation in order for . purchase order to be pracased. Item # 36 Attachment number 2 Page 1 of 1 . PROCEDURE SOII'I'IIWEST i'LORlDA WATER MANAGEMENT DISTRICl NUM8BR:.IM PAGE: 120116 nTLE: TRAVEL SECDDNlDIP APPROVED: o &; FINANCIAL REPORTlNGlFINANCB DATE: 08130196 ~pmlS: 13-5 Datad 06101/96 CHAR~ ~GBT SERVICE (contiaaed): ~ will process. tlm request in accontance with BaanI Policy I 50-111ld DiIIrict: Pmceclure 15-1 &QVaDiIia procuremad pracIica, wbich iDcluda COIltIIctiDJ for urviceI'with mlpplOPriate chaItar fli&bt service. otitaiDiD& the required seMcca at the belt IeIpOIIIible price (COIIIiItm1 with trip mquimDcDts IDd utctY). 8Dd CII1CI!lIinglchmW"I tbe .mea ncpmd upoa rac:cipt of DOtifiClltiaa. :&om ~ RqUOItiDa dcpIrtmcat Emerpacy IIfIDitmcatI may be made directly with ~I who will tbeD DDtify the Eucative Depadmaat aadrequest ~ of the required dooumaIti. UDdarainnal ~ paymeat oforreimburlemlllt fbrlraVll bypriVIII or COlDJIIDY-OWIII or ~ plaMlhaIl be no peata' tbID that I110wed far cOmmacial (COICb cJau) air trawl rate for equivdent ~ - BOTWMOTEL ACCOMMODATIONS: Uvtging apIlIIIO is reimbunab1c to 8IItborized DiIttict travelers nquiriDa ~ IbIeDco aWay 1iom ommal hadqulnerlllUthame UDder CJaa ~ or B 1Ia~. . traftler may DOl receive NimbiacIDcat for lod8iDI witbm tbc locII au un1aa autbarizDd by 1be Deputy Bucutive birector of.,.wtsapn-rt SarYiceI. . ID order to achicMl a cost saviDp to the Distdct, die District may CGDtIact directly with die hoteIIaiotoJ. OIl 0CCIIi0DI wbCD the tJaVela'. fIigbt ICheduJe or ending time of. c:oafmmce pmvcntI MtumiDa home by a Rlsaaable ~t the Ilcp8rtmCDtDiractarmuat detamiDD wbctha' m addi1ioDaI ovemiIbt lr'"""I-odation is wmanted. EMERGENCY EXPENSI!'S: ~cmpema tbatatC DOt mIIdad to travcllhould DOt IppCIr on die Travel Voucher. Paid iDvaico or ,.,ceipt fat such expcDIU DlUIt be IUbmiUed far rciDaburlemeat through petty cub or. if over as. by submiUia& a check request to AccouDta Payable. OTHER EXPENSES: Wheal axpeasca are ~I to travel. RCeipts IIhaIl be att8cbad to tho Travel Voacbar md explained briet1y on the form or ID aUacbcd memo:mdum. Ra:ciptlarc required in III cues acept when mccipts IIDl not poaibk (i.e., plOlkiq mctcn). AD cxpl....lltIoa must be included to oxpIaiIl when no receipt ilaYlillble. Irpzoof ofpaymmt or explaDllion is DOt submitk:d, reimbuacmmt CIDDOt be .uthorizal. Item # 36 Attachment number 2 Page 1 of 1 I PROCEDURE SOUI'8WEST ft,OJUDA. WATD MANAGEMENT DlSTlUcr NUMBERl 1],,5 PAGE: 13 on' 1TI'LE: TRAVEL SEC110NIDIPA~ A A.PfIlOVED: ~ G "FINANCIAL RBPORTlNOIFINANCE . DA.D: 08130196 SIJPERSI]JJ:S: 13-S Dated 06101/96 OTHER EXPENSES {coadaaed}: Ok authaiizd ,expcDICS iDcIuda: 1. Tolls far road..bridp. fary, * (ICCCiJ*nqairId" aYliJallle) 2. Parking IDIIlttnp _ (1eCIiptI nqlIinId - tICCIpt 1DIIer,..ml) 3. Loq diaiaDqe ,teIcpbmae cbIrpa* far buIiDas p1IIPDICI (1'ICIipa Nqaimd- .... coiD .... . dIvica ue ued) 4. NoiDinaI teIephOae expaseI* for business pmposeI (rec:ciptl reqaind - accpt wbm GGiD. o..-.a dniceI are 1IIed) . s. Taxi fare or other similar ~ COlts uaociatecl with att-ml\l busiDeaa fimctioDI or &oiDa to (fnmi) the IaatcI (ncxIipI rcqUccl) . 6. ~fercnce or CODVeIitioD ~ fee paid directly by the traveler while ......"i'W a CODference or COJMIIdicm MrViDg the public purpoae on behalf oilbo DiJtrict (1IllIipt mqaind) ,. State sales tax paid dimcdy by the traveler m purcbases din:ctly rc1atad to-DiItrict busi11B (receipt nquinId) . _. . ~'inIIIlIII_,.",....llwIirI ,..,... ,.".,...".,.. "... tJtJllp'" rdlrJ ~ r iii! II.......-E Bxpcmea not reimbu:rsIbIe are: 1. -Tips or gratuities 2. Pcrscma1 teIaphoae calli 3. Bxcal bagap cbIrpa UDlcu c:hIIIpa IIl1l tbr District equipment Lost or mi..n~ ...~ will requim . wfcp!nt IigDod by the 1zavc1er with DepertmcDt DirectoI"I approval ill cxdar- to receiw nimbunemmt. . I Other.travel ap_ not detIiled in the PIoccdurclIhall be IumdJed by excepticm with Deputy Executive Directm". appIovaI.' . TRAVEL ADVANCES: AdvaDce paymcd for official tmwI may be authorized by the BxccatiYe. DiRctor or MsigJIM for Class A ar B tmve& whc:D the traveler fMi'ip-Ma II1JtJrmrial traVel.,... (i.e., lodgjDg, meals. pukiDg) IDCl RquafI fimda to. cover the IIIOCiIltod iravel coati. Travel advances willaat be IIdbariml faio Class C travel apcDII8. .Tbe miDimum travel advam:o IIDOUIlt is S,o. 'Ibo maximum taw! advmc:e sball DOt cxceeci 80 pmcent oftbe esttlllAtM COlt for official travel exdudiD&: 111)' paymcats made diIIct1y by the DiItrict. The traVel advIIlC:e will gmera11y be - made to the llavelet on the Thuni:lay prior to hiIIbu dcpIrture. Advance paymeut (or the travelet. credit c:ard autborizaI:ion) for ODe Digbt'l1odaiDI is usually required to guumtee a ruervation if the traveler will arrive after 6 p.m. and may be required 10 reserve a room at a JXd:rRcI pup rate. Tho D.iJtrict may ICimbmse this ODe Dight gwnatco IS ID advance to the tmvdc:r if the tDveJcr docs not provide a credit card authoI1zatiOD. 1be advaDce, it n:quimI. will be made to tho 1m'eler prior to the due dalll established by the hotelImotel. Item # 36 Attachment number 2 Page 1 of 1 PROCEDURE SOUTIIWIST I'LORJDA. WATER MANAGIMENT DIII'RICf NUMBElt: IW PAGE: 140(16 1T1'LI: TRAVEL . SBCTIONIDUAR APPROVEDa 'IRA VEL ADV ANCIS (&:OII&ued): .As 100II as pOlSible der the employee lams of I tIavelllDrmeDt, IDd III ~ is daized, the employee should complete a Travel A.utborizatian foaD ad mazk tho -Adv8Dce Travel Pa}'lDCll1t Requ: o:red. sectioD. 'Ibo request ~ be approved by the employee" Dt:pu1meDt.Director before paym:!.It em be p1'OCIlIJeCI. Wi1IDD ~ WOItiog clays del retllmiDato the: Dillrict. the traveler who ROCived a tmreIlIdwacc is rcquirccl to submit. comp1cted. Travel Voachcr. The: ammint ofibe travallldvlaco,is to be deducted from the tlavel apCasea cl_iwned 8Dd lIlY fIXCCII tmveI advaDce lIIDOUDt mlllt be reimbaned to ~ Distdct wheD IUbmiUiq the Travel Voueher. CONTINUOUS TRAVEL STATUS: Tboa employees on CODtinuous travelltatul may receive . CODumJOUIlravclldvaDce in 'ID. 8IIlOUDt not to exceed 80 pc:rccat of expectccl trawl oxpcDICII for I two-wee1c: travel period. ContiminQl nvekn are ddaed IS employees wbo routiDdy tlave1 ovemi&ht Theso employecI QIl coupn.lOUI travel JtatU must comp1_ .. Travel Voucber on I weekly basil to documeat their actlIIl travel exprmc:s If ID employcio 1"1 DO lcmgcr on coatinuaua "travel status. my ormtiJrlJnUI trave111d\11DCO amount in GCCII ofactaal expcaIIIlDUIt be refuDded to tho District within three buIiueII days. :n. ~ DinIcIt1r... tuIifY.,. """";11I. ~1I1'tI. Item # 36 Attachment number 2 Page 1 of 1 I PROCEDURE SOIJTllWBST I'LORIDA. WATIa MANAGDIINT DISI'IIICT NtJMBER: 13-5. PAGS: I' of16 1TlLt: TRAVEL SECTIONJDIPAR .APPROVED: G &. FINANCIAL RBPORTINGlFlNANCB . DATE: 08I30IM stJPDBDEI: 13-5 Dated 06101'" BXHIBlT A 'oma.u. HIGHWAY MILEAGE CllART Wbm1ever the point of origin IDd poiDt of cfesti~.nn are within two diftinllt city 1imitI UxJ;CIt.cd on till Florida DepII1meD& of1'nDspar1a1ioa o1DciaI1l'IIIIpCIrIIti map, mlleap IbaIl be dcMrm'-'" by . the 0fticiaI Hi--. Mil cbart -..jIG...... tba ...................:1 distmcc fiDm du: "towD" of USIDI . liMn J caae ""'''--' ~ origin to the "town" of ~~oo. DOt actual odomo1er JaII'!;"p. To \110 the mileap dIIrt. dctcQDiDe the towD of oriP and toWD of ~tiOlL Locate boIb. 011. c:hart. Place" ruler alOOl ItI:p beneath town appeaiq c10IeIt to the ript. Follow 8CIOII to iDtenoctiDa coJmn.n bcPea1h town IppOIriD.g closest to the left. The IlIImber at the i4tIlrlClCtiaa npnIIIltI the oue-way mileaae between tho lWO.1aWDI. ThiI is the mi1eap to be repartecl whm uaveliq between the city limits of two cities or towIII appariD& aa the milcap cbart. EXAMPLE: City of Tampa to City ofSt. Petc:nbwl = 20 mila . NOTB: lbia lIOfficil1 Hipway Mi1eap" chart is pdDtecI OD the cmnal Florida Oflicial TrIIIIpOl1B1iDn Map wbich is available in each DepIrtmeDt. "' .-- .. ,,, II .. - 'IP ,,_ ., _,.'" .... .'" .... .... -. . .... _ I ====.........- III _ N' ... MI .. '" ,. .,... 117" ........... ... ....111. .. . - 'II Item # 36 Attachment number 2 Page 1 of 1 . . PROCEDURE SOt1l1lWEST FLORIDA W~TBR MANAGlMENTDISlRJCJ' 11TLB: TRAVEL SECTlONJDEP~ APPIlOVDI NUMBER: "IJ..S PAGE: I' of I' (J cI: FINANCIAL REPOR.TlNOIFINANCB DATE: 08130196 SlJPlRSlDIS: 13-5 Datod 06101196 BXBIB1T B BISTRlCl MILEAGE CHART Documented Mil... for Most DiJect RautB Between Service Oftica . HadquarraslBrookniIle HadqaIrtenIBmobviBe ~ HeadquartcnIBro Tampa Scrvic:c 0f6cc: Tampa Scrvic:e Oflice Tampa Service OfIIce .Butow Service 0fIic:e Bmtow Service 0f6ce IDVemeu Service Oftice Battaw Savic:e 0iIice Veaice Sc:nice Office BartOw Service Office Vadce Service Of!k:e ~~" Office Venice Service Office Vc:aice Service Office . IDvemeu s.mce 08ice · 'Ibac miles .....dltcnDiDod by oombiaiaa tho CIlIIIIDGIiaI poiaII forwlUoh mn. have... ~ TbIea oftbe fivo Distdct service of!icca IR IIDt located witbiD the Omits of a city. Therefore. the mileap to these service offices C8IIDDt be dctennined usiq tbI:: Ofticiallfi&bwaY MUcaae cIwt. These service oftic:es are caUecl: BrooksviJle HeIdquirters. Tampa Service 0fIic:e IDd Veaice Service Office. . The documented mileage betweea RMc:e ofJicClI u listed in the above chart IbID be. used whalcvcr . District traY_ is tmvdina: bctwacu. DiItrict service of!icClI. If1blm In exlImuatiDg or 1IDfixueca eircllm........... such 81 . demur. Which zequin tbc DiItrict traveler to tab IDOthClr 1cqcr route. an explanatioD IS to why the mi1eap npoded is JI'II&Ir tbm the doc:mDaate6 mi1eap on tha above cluu111lU1t be included with the travela'. submiUcd Travel VoudI:r IDd approved by the 8IIIhorized. sigDara. - 1'J'b1l mile8p betwaea the Bano:w 1DIl1n..:omIlII .... oftic:ts n6ctI the Ofliolallfi&bwaY MiIIIp chIrt miles Iimz lhese two avico omcu 11'0 IocatIId " ... 'a die c' 1ImifI. Item # 36 Meeting Date:5/3/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the second amendment to the Stevenson Creek cooperative funding contract with the Southwest Florida Water Management District to extend the contract period to September 30,2009. (consent) SUMMARY: . This contract is a multi-phase multi-year cooperative funding contract with the Southwest Florida Water Management District (SWFWMD) to implement projects within Stevenson Creek that were recommended by the Watershed Management Plan (WMP) . The Council approved a Cooperative funding agreement with SWFWMD for the Stevenson Creek Watershed Plan on May 4, 2000. The agreement included plan development and project implementation. The planning phase was completed in August 2001 and the City is implementing the recommended projects. The City received approval from SWFWMD in previous years for $506,250 in FY02, $418,750 in FY03, $1,575,560 in FY 04 and $1,000,000 in 7120/06 for total District funding of $3,500,560 (for this contract. . The majority of this funding was utilized for design and construction of the Glen Oaks Project and the remaining funds have been allocated for the Lake Bellevue Storm water Improvements Project. . This agreement does not change any financial responsibility to the City; it only extends the contract period allowing us to utilize the remaining cooperative funding. Review Approval: 1) Clerk Cover Memo Item # 37 Attachment number 1 Page 1 of 1 (f) o ...J o Z >- w a:: U I I D~CJ~D~ DiD c~j' I PINELLAS gl >- ST ow ~ A 8T C LAKEVIEW Dtu o! PROJECT SITE WAY o a: AVE N W.E S \J'.S ?\~t'.\.. <j- Tuskawilla w ~ w ~ a: --, <9 z ::.:: a: ~ SOUTH I- ::J --l Z I- a: <( :2: <( <9 o i= Ql > <( Ql <:: co City of Clearwater Engineering Department lake Bellevue Stormwater Improvements Drawn By S.K. Grid # 306A S-T-R E.S. Scale: N.T.S. 2-29s-15e Cl3te: 04/17/07 Reviewed By: Item # 37 Attachment number 2 Page 1 of 1 AGREEMENT NO. 02CON000086 SECOND AMENDMENT TO AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND THE ' CITY OF CLEARWATER FOR THE STEVENSON CREEK WATERSHED MANAGEMENT PROGRAM: IMPLEMENTATION OF BEST MANAGEMENT PRACTICES (K394) This SECOND AMENDMENT effective this 22nd day of September 2006 by and between the SOUTHWEST FLORIDA 'WATER MANAGEMENT DISTRICT,. a public corporation of the State of Florida, whose address is 2379 Broad Street, Brooksville, Florida 34604-6899, for itself and on behalf of the Pinellas-Anclote River Basin Board, hereinafter collectively referred to as the "DISTRICT," and the CITY OF CLEARWATER, a municipal corporation of the State' of Florida, whose address is 112 South Osceola Avenue, Clearwater, Florida 33758-4748, hereinafter referred to as the "CITY." WITNESSETH: WHEREAS, the DISTRICT and the CITY entered into an Agreement dated April 9, 2002 (Originai Agreement), as amended March 9, .2004, for a multi-year funded project to evaluate and implement a stormwater management program in the Stevenson Creek Watersl"!ed; and WHEREAS, the parties hereto wish to further amend the Original Agree~ent to identify -the lake Bellevue Improvement Area as one of the projects being implemented under this Agreement and to increase PROJECT funding. NOW THEREFORE. in consideration of the mutual terms, covenants and conditions contained herein, the parties 'hereby mutually agree to amend the Original Agreement, dated April 9, 2002, as amended, as foUows: - 1. Paragraph 3, Funding. is hereby amended to increase PROJECT funding One Million . Seven Hundred Sixty Three Thousand Twenty One Dollars and Two Cents $1,763,021.02 by rep'lacing the first three sentences in their entirety as follows: 3. FUNDING. The parties anticipate that the total cost of the P'ROJECT will be Eight Million Seven Huridred Sixty Four Thousand One Hundred Forty One Dollars and Two Cents ($8,764.141.02). The DISTRICT agrees to fund PROJECT costs up to Three Million Five Hundred Thousand Five Hundred Sixty Dollars and no cents ($3,500,560.00) and will have no obligation to pay any costs beyond this maximum amount. The CITY agrees to fund PROJECT costs up to Five Million Two Hundred Sixty' Three Thousand Five Hundred Eighty One Dollars and Two Cents ($5.263,581.02) and will be responsible for all costs in excess of the anticipated total 'PROJECT cost. . 2. SUbparagraph 3.2 is hereby amended to increase the maximum amount to $8,764,141.02. /Page 1 of 5 Item # 37 Attachment number 2 Page 1 of 1 3. Exhibit "A," Paragraph 5, Completion Dates is hereby amended to complete construction of the Glen Oaks Stormwater Management Improvement Area by May 31, 2007, and of the lake Bellevue Improvement Area by September 30,2009. 4. Exhibit "B," Project Description, is herby amended to replace the first paragraph with the following: This contract is a continuation of the multi-year funded, multi-phased project to implement selected Best Management Practices (BMPs) developed in the Stevenson Creek Watershed Management Plan that addresses flood protection, natural systems, and water quality issues. This contract covers implementation of BMPs in two Improvement Areas, Glen Oaks, and Lake Bellevue. It includes design, development of construction documents, construction permitting, and land acquisition, bidding and contractor selection, construction of the BMPs and construction engineering and inspection for the Glen Oaks Area. It includes bidding and contractor selection, construction of the BMPs and construction engineering and inspection for the lake Bellevue Area. 5. Exhibit "B," Project Budget and Project Schedule, is hereby replaced in their entirety with the following. The remainder of this page is blank intentionally Page 2 of 5 Item # 37 Attachment number 2 Page 1 of 1 A. Glen Oaks Proiect Budget DESCRIPTION {TASK} TOTAL DISTRICT CITY Proiect Selection lTask 1) . ,'". ". .. '.'!~.~: : .;: ( .-r r':'-"~.~f;~.;~t ,":~ : c>:',~:';f~~;.c ,.,t1i~/:~~:.:*~. '.' .. - .. .. .. ", . Project Management, Meetings and $36,556.0( $18,278.0C $18,278.0( Coordination. Site Characterization $6,879.0 $3,439.5C $3,439.5C Su bcontractors 568,000.0 $34,000.00 $34,OOO.0( Subtotal: $111,435.0 $55,717.50 $55,717.5( Design & Permittlna lTask 2) . .".. '::':."';J:' " . :::~~.: ::",::::: .~:. :.~~~:~~;~~ i-.:~':;~~)E:.~\~I!:~: :.~ -:: ...:;: :,. _-:.~_..::;' ",'", . '". : .~.:':-.::.. : ':'~':..~' ":" j.: .. Preliminary Desian ReDort $55,133.0C $27,566.5C $27,566.5C IArchitectural & LandscaDe Desian $79,OH.OC 539,508.5C $39,508.5C Permittina Services $33,549.00 $16,774.50 $16,774.50 Isubtotal: $167,699.0Cl ~,""'~ Contract Doc. and Contractor Se!. (Task :~i~~fff-:~~'~:~"-:"\~i:{j::;}: ~) \.~~.:.~~~~\ '". ..,-. . Final Construction Plans & Specifications 5188,481.0C $94,240.5C $94,240.5( Construction Phase Services $80,101 .OC $40,O50.5( $40,050.5( Subtotal: $268,582.0C $134,291.0( $134,291.0( Construction lTask 4) iJ~.~~~~~~~ ~:f:f~~~~;~~ ~::{ / ~.~~:~T~~t1~t~ ~_. -'=~~;- , . .",,'i-"'l;i - "" "" :~r~..;,..:. ~: .~~. Mobilization and Site PreD. $600,00O.OC $200,000.00 $400,OOO.OC Earthwork $608,OOO.OC $202,666.67 $405,333.3~ Drainaoe $1,783,210.0C $594,403.33 $1,188,806.61 Isoddina $79,200.00 $26,400.0C $52,800.0( Istructural Concrete and Fencina 51,474,636.00 $491 ,545.3~ $983,090.6 !wetland Plantinas $104,362.20 $34,787.4C $69, 574.8C Continoencv $464.940.8~ $154,980.27 $309,960.5f Subtotal: $5,114,349.0~ $1,704,783.00 $3.409,566.0~ - . : .~':'~ :~. :; ." : "i;~~.hi::.~: :~~;'~'-': "'. ". :., ."::'; ":'~~,j~'~'~~;~~js"~~;r:~~t .... . ..~""'.'.~ .' . '. '". . Public Information Initiative and CLOMR $22,278.0C $11,139.00 $11,139.0C Other Direct Costs $22,800.0C $0.00 $22,800.0C Task Allowances Sa,568.0C $4,284.00 $4,284.00 Baffle Box Ena Services $20,00O.OC $10,00O.OC $10,000.00 Bldo. Permit Mod. $12,000.00 $6,000.00 $6,000.00 USACE Permittina & Site Char. $16,430.0C $8,215.0C $8,215.0C Subtotal: $102,076.00 $39,638.00 $62,438.0[ otals: $5,764.141.02 $2.018,279.0Cl $3.745,862.0:1 Project Schedule Activitv Initiation/Completion Dates A. Select CONSULTANT B. Select Projects C. Commence Design & Permitting D. Complete Design & Permitting E. Commence construction F. Complete construction Complete Complete Complete Complete Complete May 31,2007 Page 3 of 5 Item # 37 Attachment number 2 Page 1 of 1 B. Lake Bellevue Project Budaet DESCRIPTION TOTAL DISTRICT CITY Project Selection (Task 1) $0 $0 $0 Design and Permitting (Task 2) $0 $0 $0 Contract Documents and Contractor Selection $0 $0 $0 (Task 3) Construction (Task 4) $2,700,000 $1,332,281 $1,367,719 Const. Engineering & Inspection (Task 4) $300,000 $150,000 $150,000 Total: $3,000,000 $1 ,482,281 $1,517,719 Proiect Schedule DESCRIPTION COMPLETION DATES Complete Construction September 3D, 2009 DISTRICT Review of as-built drawings and quality December 1, 2009 assurance test results 7. The terms, covenants and conditions set forth in the Original Agreement, (as amended), that have not been specifically amended herein, will continue in existence, are hereby ratified, approved and confirmed, and will remain binding upon the parties hereto. The remainder of this page left blank intentionally. Page 4 of 5 Item # 37 Attachment number 2 Page 1 of 1 IN WITNESS WHEREOF. the parties hereto have executed this SECOND AMENDMENT on the day and year set forth next to their signatures below. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT By: David L. Moore, Executive Director Date CITY OF CLEARWATER By: Frank Hibbard, Mayor Date By: William B. Home II, City Manager Date SECOND AMENDMENT TO AGREEMENT BE1WEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF CLEARWATER FOR THE STEVENSON CREEK WATERSHED MANAGEMENT PROGRAM: IMPLEMENTATION OF BEST MANAGEMENT PRACTICES (K394) ~ ~F~8 ~5D ~ ~ ~ OTY OF ClEARWATER ENGINEERING DEPARTMENT orSTRICT APPROV At INITIALS DATE LEGAL 1111''''06 RISK MGMT . CONTRACTS I RM DEPT DIR . DEl'UIY EXI'C DIR .. GOVERNING BOARD Page 5 of 5 Meeting Date:5/3/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize the City Attorney to hire Frazer, Hubbard, Brandt, Trask & Yacavone as outside counsel to represent the individually named police officers in the case of Michael Scott Niesen v. City Of Clearwater in the estimated amount of $50,000. (consent) SUMMARY: At 9:50 p.m. on July 13, 1977, Michael Scott Niesen was driving a truck on Memorial Causeway. Officer Ronald Mahony conducted a traffic stop on the vehicle for a traffic violation. After writing Mr. Niesen a citation for careless driving, Officer Mahony was advised by radio that the truck was reported stolen. A backup unit was dispatched. A few seconds later, the truck was seen eastbound on the causeway with Officer Mahony in the rear of the truck. The truck was traveling at a high rate of speed and swerving from lane to lane. As it approached the intersection of Island Way, the truck flipped over. Both Officer Mahoney and the driver were thrown from the vehicle. Officer Cairns and Officer Egger were on the scene within a few seconds and administered first aid until the Fire Department and ambulance arrived. Both Officer Mahony and the Plaintiff were taken to Morton Plant Hospital. Officer Mahony was pronounced dead at approximately 11:30 p.m. Michael Niesen was pronounced dead at approximately 3:00 p.m. on July 14, 1977. Michael Niesen's brother has repeatedly indicated that he does not believe that his brother died as a result of the accident, but that he was beaten to death by Clearwater Police Officers in retaliation for Officer Mahony's death. He is suing the City of Clearwater and the following officers individually: Mark Cairns, Michael Egger, Edward R. Garner, James H. Gravely, and Charles Butler. Paul Richard Hull will represent the City in this matter. James Yacavone will represent the individual officers. It is estimated that $50,000 will be the cost for initial representation of the individual officers. If this case goes to trial, the cost will be significantly higher, and the City Attorney will update the Council if that becomes necessary. The funding of $50,000 is available in the City Attorney's Professional Services budget. Type: Current Year Budget?: Operating Expenditure Yes Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: 50,000.00 Annual Operating Cost: Total Cost: 10012006 to 09302007 Appropriation Code 000-010-09600-0530100- 514-000-0000 Amount Appropriation Comment 50,000 Cover Memo Review Approval: 1) Clerk Item # 38 Attachment number 1 Page 1 of 3 LEGAL SERVICES AGREEMENT THIS AGREEMENT is made on the _ day of , 2007, by and between the CITY OF CLEARWATER, FLORIDA (the "City") and the law firm of Frazer, Hubbard, Brandt, Trask & Yacavone, LLP ("Counsel"). WIT N E SSE T H: WHEREAS, the City wishes to retain a firm to serve as Counsel in the following matters: Michael Scott Niesen, Deceased, ex rei., et al. v. City of Clearwater, Case No. 8:07CV623-T24TBM. NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto do hereby agree as follows: SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is hereby authorized to provide services as described in this Agreement and for the professional fees described in this Agreement. SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide its professional services for the following matters: Representation of the individually named police officers in the case of Michael Scott Niesen, Deceased, ex rei., et al. v. City of Clearwater, Case No. 8:07CV623-T24TBM. SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel agree to a rate of $ 155.00 per hour for attorney services for James Yacavone, and $145.00 per hour for associate attorneys. SECTION 4. TERM. This Agreement will be effective commencing April 23, 2007. SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses shall be made by the City to the firm for reasonable out-of-pocket expenses as determined by the City Attorney without markup, including but not limited to long distance calls and facsimiles, copying or reproducing documents, postage, court costs, parking costs and travel incurred by Counsel in performance of the duties hereunder. Travel and per diem costs as well as auto travel expenses shall not exceed that which is available to City of Clearwater employees. SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel agrees to protect, defend, indemnify and hold the City and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character Item # 38 Attachment number 1 Page 2 of 3 arising out of or due to any negligent act or omission of Counselor its employees in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, Counsel shall procure and maintain during the life of this Agreement professional liability insurance in the amount of $1 ,000,000. This provision shall survive the termination of this Agreement. SECTION 7. CONFLICT OF INTEREST. It is understood by the City and Counsel that Counsel is not aware of any clients of the firm that currently present any conflict between the interests of the City and other clients of Counsel. If any potential conflict of interest arises during the time Counsel is representing the City, Counsel will promptly inform the City. The City is under no obligation to agree to permit the conflict representation. SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. This Agreement may be amended only by a writing duly entered into by the City and Counsel. SECTION 9. COURT REPORTER SERVICES. The City has a contract with D & D Reporting Services for all court reporter services, including the use of court reporter services by the City's outside counsel. Counsel agrees to use D & D Reporting Services whenever possible. SECTION 1 O. CANCELLATION OF AGREEMENT. The City or Counsel may cancel or terminate this Agreement upon ten days advance written notice to Counsel. In the event of cancellation, Counsel shall immediately cease work hereunder and shall be reimbursed for eligible and documented reimbursable expenses incurred prior to the date of cancellation. Further, it is understood and agreed between the City and Counsel that James Yacavone, Esquire, will be the lead attorney assigned by the firm to provide the services contained herein. The City in its absolute discretion may immediately terminate this Agreement upon written notice to the firm if the services of this attorney are unavailable to the City. SECTION 11. ATTORNEYS FEES. In the event that either party seeks to enforce this Agreement through attorneys at law, then the parties agree that each party shall bear its own costs and that jurisdiction for such an action shall be in a court of competent jurisdiction in Pinellas County, Florida. IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of the date first written above. 2 Item # 38 Countersigned: Frank V. Hibbard Mayor Approved as to form: Pamela K. Akin City Attorney FRAZER, HUBBARD, BRANDT, TRASK & YACAVONE, LLP. By: James Yacavone Attachment number 1 Page 3 of 3 CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: Cynthia E. Goudeau City Clerk 3 Item # 38 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Disbanding the Budget Task Force SUMMARY: Meeting Date:5/3/2007 Review Approval: 1) Clerk Cover Memo Item # 39 Meeting Date:5/3/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize the City Attorney's Office to appeal the decision in Allbritton, et al. v. City of Clearwater, Circuit Court Case No. 03- 4365-CI-20 SUMMARY: North Clearwater Beach property owners filed suit against the City alleging that they had established a legally nonconforming use of short-term rentals in single-family houses, and that the use should be grandfathered in. The City argued that although its Codes prior to 2003 did not specifically mention a number of days/length of stay, the Codes prohibited short-term rental use of the properties. On April 20, 2007, the Circuit Court entered a Final Declaratory Judgment finding that the Codes were not sufficiently specific to put the property owners on notice of the prohibition, that all the owners had shown the properties were offered for use or used as short-term rentals prior to 2003, that the City had not enforced prior to 2003, and therefore that all 31 properties were grandfathered in and could continue the short-term rental use. It is believed that legal grounds exist upon which to base an appeal to the Second District Court of Appeal. The filing fee will be $300.00 and a trial transcript will cost approximately $1300.00. If unsuccessful, the City would pay the other side's costs but not attorneys' fees. The funding for these costs is available in the City Attorney's Office budget. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure Yes Budget Adjustment: No $1,600 $5,000 10/01106 to 09/30/07 Annual Operating Cost: Total Cost: Appropriation Code 0-010-09600-548000-514- 000-0000 Bid Required?: Other Bid / Contract: Amount $5,000 Appropriation Comment No Bid Number: Bid Exceptions: Sole Source Review Approval: 1) Office of Management and Budget 2) Financial Services 3) Clerk Cover Memo Item # 40 Page 1 of 1 From: Qilve AllbrittQO Date: 5/3/200710:36:12 AM To: ~l~CJlJ,mcil Subject: Appeal of short term rental decision You will be making a decision tonight to appeal Nellie Khouzam's judgement in the recent trial regarding short term rentals on Clearwater Beach. I would like to bring up a few points for your consideration: 1. As with many of my fellow plaintiffs, I am a voting citizen of Clearwater. 2. The CBA is run by a small group of very vocal members - not representative of the entire beach. 3. Our group is supported by the Beach Chamber - and we contribute to our community. 4. Judge Khouzam is very meticulous in her decisions. Her husband is Judge Morris Silberman who sits on the Second District Court of Appeals. 5. A flood of new short term rentals will not likely happen. At this late date It would be extremely difficult for a new property owner wanting to rent short term to prove they rented legally before 2003. In case you have not read it, attached is a copy of Judge Khouzam's Declaratory Judgement. Thanks for your consideration, Dave Allbritton ., +11"".1/"'.\ n""'"?"t"\""...tC! ",....-1 1;;:..t+.1'\......,\ n",u..-1 ^ llh..:t+"..\ T "...",1 ~...tt;.......,\ ^ .......l;..."'t:"... n",t",\ T~A"\ "0"..+ ,f'). f,)f\f\'7 8t-so:(ss-wwl NOllwna. Z!;O!;t9tlU:aIS::l. ~:SINa. ~ILXV".LH9RI:,,^S. [lIwlJ. )\I6nAea w~a1 WY Z~:O~:O~ LOO~ZIt lY O^::JlI . !lLI~ ~!)Yd "".'" .,,~ ~. tr ;,W-<'I::, ~lO:t.u.. ;t;;,o:...:~ . ':'f ' : l'!r"^' ,c ,~:::"'Il..'.,,:,.,~ :I'\:.~ ' .:<. .c;i,,""'i','" 'r.1( , " "if' i!- ~' ~...,~ ~ '~.~f~~'" ,.... ~ -'. NeLIK N. KBOtJZA,)l CIBCUlT dtJDGE JititU ttf ~riha cSixtly 1Iubiclal a!ittuit of ~rihu COUNTIBS OF PlNBLLA8 AND PASCO PDmLLAB COUNT'I' COmrrsoU8B 815 comrr STBIIBT CLBABWATBB, PI.OIUDA 387M (11"1) 484-11I1 VICTORIA A. BOUYOUKA8 .roDICLU. ASSISTANT DATE: ,(j-~tJ-O 7 TO: fI7 pn#n I/-tJe ~)f 4F tf~t?l-o ~~.s- FIRM: NOTES: 41 It/ ir-] ~ /r r;~~jkr' TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: v.- .....1 ?SOS..S....1.21. _' WJ;i..t:6 L.OO~ 02 ..Ad\:! 8Z'80:(ss-wwl NOIJ,Wna . ZSOStttlU:CIS::l. ~:SINO. ~/LXY::I.LtnlRJ;lI^S. [awu ..6llMa WaJSllJ]1NY U:OL:OL LOOlJOZIt.LV O^:lll. ~LIZ iJ9YoI ,?--., ----.. IN THE CIRCUIT COURT FOR THE SIXTH.JUDICIAL CIRCUIT IN ~D FOR PINELLAS COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO. 03.004365-CI-20 DAVID ALLBRITTON, et. at Plabltiffs, VS. CITY OF CLEAR\VATER, Defendant. I FINAL DECLARATORY JtJDGMENT THIS CAUSE, having come on for Non-Jury Trial, and the Court having heard testimony of witnesses, having received evidence. having heard argument, and being otherwise fully advised in the premises, finds as follows; This matter inyolves a claim for declaratory relief, relating to _the applicability of Clearwater Ordinance 1105-03, adopted on April!7, 2003 ("'the 2003 Ordinance"). to certain property on Clearwater Beach. The 2003 Ordinance prohibits short tenn rentals of Jess than 3 1 days of residential properties. Plaintiffs are tb.e owners of thirty one (31) properties on Clearwater Beach that they allege have been lawfully rented on a short term basis prior to the enactment of the 2003 Ordinance. Plaintiffs contend that such use of their properties was lawful prior to the adQption of the 2003 Ordinance. Therefore. they seek a determination that their rental activity qualifies as a laVlful non- conforming use,' entitling them to grandfather status which would allow them to continue short-tenn rental of their properties. . In defense. the City of Clearwater ("Clean vater") alleges that short term rental of residential property was a prohibited use prior to the adoption of the 2003 Ordinance. In particular, it cites to definitions within the 1980 and 1999 City of Clearwater Land 2.cJ . ~SOS~9"'l.2'L ~H~l:S ~nn~ n? ~d~ ~ U.IO:(S!IoWW) NOI.LWna. ZHlltlltlU:C119:) .l:SINa. lJlXY".LH!)RI:IIAS. lal.UJ.L JIl8uMO UJ8)SaaJ wv n:Ol:'U lOOZlOllt.LV (]A:)H. !H~ aov.. .,.-..... . ('- Development Codes ("the Code" or "the City of Clearwater Code") as evidence of the City's prohibition of short term rentals on Clearwater Beach. Although the City admits that neither Code. contains a specific prohibition as to short term rentals, it alleges that certain Code' provisions taken together reveal that such rentals were prohibited prior to the adoption of the 2003 Ordinance. Defendant contends that the 2003 Ordinance was meant to be a cla,rification rather than a change to the Code. Accordingly, it argues, the Plaintiffs are not entitled to grandfather status since their use was not a lawful as it was prohibited prior to the 2003 Ordinance. The parties stipulated to the dates that the twenty-four (24) of the properties owned by Plaintiffs began being rented on a short term basis. The Court hereby approves that Stipulation and incorporates it by reference herein. The parties presented evidence as to the short term rental start dates for. the remaining seven following properties: , 1. 1068 Eldorado Avenue (DeKter Properties) 2. 770 Mandalay Avenue (Kormendi) 843 Eldorado Avenue (KormendiIPowell). 3. 4. 963 Mandalay Avenue (K.onnendilPowell) 5. 963.5 Mandalay Avenue (Scofield) 6. 975 Eldorado Avenue (Story) 7. 97fEldorado Avenue (Lockwood) Plaintiffs presented docwnents and testimony from individuals personally familiar with the rental histories, relating to the time frames during which each of the above properties began being rented out on a short term basis. Defendant offered the testimony of Raymond Massie~ and Lisa CowleYt residents of Clearwater Beach. As 2 e.d '. .."""GsOS~S~l.2L'"' : -:.'..-..,..-;"....-.'~ Wl;J'~ t : 6 l.OOZ.02 -idl;:l ~ 4.,od sz.so:lss-WUI) NOUWna. Z:SO!;t9tlU:(JJS:). ~:slla. ~nXY:UHOOn^S. [aWl! W61IMO W;qseaJ lIlY U:O~:O~ lOOVGZIt.LV OA:)V . !H/t ..~\t.. f'--""" .....--..,. discussed in more detail below, the Court notes that the establishment of a lawful nonconfonning use runs with property and is not dependent on a particular owner. Thus, even if a Plaintiff purchased the property after the enactment of the 2003 ordinance. the right to grandfather status, if applicable, nms with the land. not with the owner. Therefore the fIrst issue before the Court relates to if and when each of the non- stipulated properties began being offered and intended to be used, as a short term rental property. The Court has carefully considered all evidence presented and based on the personal knowledge and credibil~ty of various witnesses, the Court finds that aU non- stipulated properties were offered and intended to be used as short tenn rentals prior to the adoption of the 2003 Ordimmce. Regarding the property located at 1068 Eldorado Avenue, the Court finds that it has been rented at a short term basis most likely since the 19305. but definitely since 1997. 1ms was confirmed by the Defendant's witness. Raymond Massieu, who testified that he had seen evidence of short term rentals at this address since 2002. The Court finds that baSed on the evidence and testimony of Ed Marchiselli, the property located at 770 Mandalay A venue began being offered. for short term rental at least in late 2002. Defendant's witness Mr. Massieu testified that . he observed evidence of short term rentals on the property in early 2003. Two of the properties at issue, 963 Mandalay Avenue and 963.5 Maridalay Avenue are contiguous properties owned together as one unit. The front property. 963 Mandalay contains a main house and the back property 963.5 Mandalay contains a two unit two story building. The parties presented testimony relating to whether all units were rented short term, or only a portion of the units. The Court finds that based on the evidence presented all of the property was intended and offered to be rented on a short 3 ;::7c:nc:-hQ.....I~.1 ....1....._ 0____ __ _ 1__ ~ 8Z-S0:(SS-WW) NOI.LWna 0 ii:~t9tlU:OI$:;' . ~:SINO 0 ~/~XV~H.!)Rl:~S 0 few,.,I. 1116'.0 w~3J lW' Z~:O~:O~ LOOllOZ/IP .,I. 'rI QA:l~ 0 !;~It 3D'td ,.---......--, tenn basis prior to the enactment of the 2003 Ordinance. Testimony from Brian AndI\1S. the fonner property manager, indicated that the owners had some difficulty securing, short term tenants and as a result, for a period of time they rented a portion of the property for longer than thirty one days. As discussed more fully below, the Court fmds that the short term rental does not need to be the exclusive and continuous use of the property in order to establish a lawful non conforming use. The testimony and evidence presented to the Court satisfied the burden of proving that both properties were intended, offered and used as short tenn rentals prior to the enactment of the 2003 Ordinance. The Court notes that Defendant's witness Mr. Massieu testified that he observed evidence of short term rentals at 963 Mandalay A veuue in early 2003. The Court heard and finds credible, testimony from Ted Remak. the .boyfriend ofthe owner and the numager of the property located at and 975 Eldorado Avenue, that the property has been rented on a short term basis since at IeB5t 2001. The property located at 971 Eldorado Avenue is currently managed by Belloise Realty. sat Belloise testified regarding the time frame during which these properties were rented on a short term basis. While th.e documentary evidence presented by Plaintiff was dated after the enactment of the 2003 Ordinance, Mr. Belloise testified that such rentals had begun prior to the adoption of the 2003 Ordinance. The Court finds Mr. Belloise testimony, based on personal knowledge to be credible and finds that short term rentals began prior to the enactment of the 2003 Ordinance. A fonner owner of 843 Eldorado Avenue, Susan Withers, testified that based on her personal knowledge developed while she owned a neighboring house located at 847 Eldorado Avenue. the 843 property was being rented on a short term basis in 2001. She purchased the property as an investment based on that personal knowledge_ The 4 Sod 290Sl>9l>1.21. WHSY:S-l.002 02 ~dH sz-so:(sSoWW) NOI.I.vtInO. Zl;Ht9t.ll:.l:aJS:) . ~:SINa. ~/~XV:U.I<<)RI:w.S . (:JUlI.&. Jt611MO UJaJ5llaJ!NY l:~:O~:OL lOlltlOtlt loW ~:)If . SLIt a~Yd ,r--... .--'" '. Court finds Ms. Withers' testimony to be credi bie and fmds that the short tenn rentals on 843 Eldorado began prior to the adoption oftne 2003 Ordinance. As to. those properties identified above, based on the testimony and evidence presented, the Court finds that all began renting their properties on a short term basis prior to the adoption of the 2003 Ordinance. . Accordingly, based on the stipulation between the parties and the Conn's factual findings, all properties at issue began short term rentals prior to the adoption of the 2003 Ordinance. The City contends that regardless of the start date, the properties are not entitled to grandfather status because the short term rentals were prohibited prior to the 2003 Ordinance and thus Plaintiffs' short term rentals were not a lawful nonconforming use. The Plaintiffs do not dispute the City's right to enact tbe 2003 Ordinance. Rather, they contend that the Codes in effect prior to the 2003 Ordinance did not prohibit short term rentals of property on Clearwater Beach. Therefore. the City's attempt to apply the Ordinance to abolish their right to continue to rent their properties on a short term basis violates their right to grandfather status and essentially amounts to an improper taking. The City couLd point to no specific prohibition and no instances of enforcement of the ban prior to the adoption of the 2003 Ordinance. Accordingly, the parties seek a determination from the Court regarding whether such short tenn rentals were a lawful use prior to the enactment of the 2003 Ordinance, or whether such use was prohibited" under eitheI the 1980 or 1999 City Codes. Municipalities such as the City of Clearwater. have the right to enact ordinances that restrict citizens' use of their property. Verizon Wireless Personal Communications, L.P. v. Sanctuary at Wulfert Point Community Ass'n, Inc., 916 So.2d 850. 855 (Fla. 2nd DCA 200S)(".To be sure. a city council may enact ordinances, amend them. and repeal 5 o-d ~c:nc..q",/_~, LI U ~ T ~ ~' Inn ":]I n ~ I.,J u 8Z-S0:(SS-WW) NOI.l WlII1C1 .lCKHtlU:lJIS0 . ~ :SINO . ~nXVll.LMOOI:HAS .lilW!J.JIt61IMO llliIISl!iihw n:o ~:o ~ lOO~OElt .L Y ~:J" . S ~1l aoWd them.") However, in order to enact an ordinance that limits a citizens property rights. the municipality must follow the proper procedure: Under Florida law, ordinances which substantially affect the use of land must comply strictly with the notice requirements of ~ 166.041(3)(c) L, Fla.Stat. This provision states in pertinent part: (c) ... Ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning category; or ordinances initiated by the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to the following procedure: ..... 2. In cases in which the pI"o~sed ordinance changes the actual list of pennitted, conditional. or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving 10 contiguous acres or more" the governing body shall provide for public notice and hearings .n (Emphasis supplied). .'[S]trict compliance with the notice requirements of the state statute is a jurisdictional and mandatory prerequisite to. the valid enactment of a zOning measure....... Attempts of local government to grant zoning changes without compliance wlth procedural requirements have b~n deemed invalid and void. . . . Webb". Town Council of Town of Hilliard. 766 So.2d 1241, 1244 (Fla. 1st DCA 2000) (cita/ions omitted). In the present matter. the Plaintiffs stated numerous times on the record that they do not dispute the City's authority to enact the 2003 Ordinance. However, Plaintiffs argue that the City Can only prohibit the short term rentals by expressly doing so through the proper procedm:e and must make such prohi bition clear and unequivocal . as it did in the 2003 Ordinance. The Plaintiffs presented testimony from The Honorable Owen Allbritton a retired Sixth Circuit Judge and Helen Dexter, a ninety-eight year old former owner of 1068 MandaIay Avenue, that for at least the last forty to seventy years, owners of property on Clearwater Beach have r~gularly rented out their homes to vacationers for 6 .. .,,~....:.-... .',". ,"I." '" J . d ;::l'c:;;nca.~i>o/.;:U. Wl:l9 t : 6 l.002 02 .Jcl!:,j It-IO:(S5-WW) NOl.l.wna .l:SOStftolU=CIIS:t. ~=$INa. ~J~X\'~.I.lr.)RI:w.s .lauq.l. JI.l6uMO UJalSl!aJ WV n:Oi:O~ lOOl:lOl:I..I.Y OJ\:l1l. Sill 1iI9Yd . . ,-...,. ~ periods of less than thirty days. Such rentals have been open and obvious and regularly advertised. All of the evidence presented to the Court indicates that .City officials have been aware of short term rentals on Clearwater Beach for as long as they have been taking place. Various City officials were clearly .under the opinion that Clearwater did not ban short tenn rentals prior to the 2003 Ordinance. See e_g., Plaintiffs' Exhibit I I, Various e-mails between City Officials. For example, in an e-mail from Bob Hall dated July 10, 2002, he stated that "[w]e have never enforced on rental time periods and there is no ordinance g~verning in the City.'" Moreover, one of the Plaintiffs David Allbritton testified. that he began rentingbis property located at 849 Mandalay Avenue on a short term in January of 2003. Mr Albritton stated that he had asked numerous City officials whether. short term rentals were permitted on Clearwater Beach and none ever told him such use was prohibited. He sorved on the Municipal Code Enforcement Board for seven (7) years during which time the Board was never presented with a matter involving short tenn rentals. Defendant contends that short term rentals on Clearwater Beacb have always been illegal and certainly was prohibited under the 1980 and ) 999 City Codes. However. Defendant is unable to point specifically to any section within the Code that expressly prohibits short term rentals prior to the enactment of the 2003 Ordinance. Rather. the City cOntends that such prohibition may be ascertained by reading several different sections of the Codes and piecing them together. The 1980 Code provided that a pennitted use for Plaintiffs' properties was as a "detached single family dwelling" which was defined as "a detached building or a unit in a townhouse structure designed for or occupied exclusively by one family." ~ 35.1 I, 7 ..8' d 2S0SiIo91l-l.al. W~91:S Loda oa~d~ 81:.80:(9""'" NOI.LWftCI .l!':IOSt9tLU:CII8O .l:IINCI.lJlXYlIl.UIORI:IWI.lawu JIIlIHUa w;qsq] IMVl:l:Ol:OllOOUlUt.LV 0.\:)1:1. Slit iOYd 1980 Clearwater City Code (emphasis added). Clearly aU of the Plaintiffs' properties can be classified as detached buildings designed for one family. In 1999 the City amended the Code and adopted the City Development Code. At that time the .Code, was amended to include a definition for '~ovemigb.t accommodations" as follows: A building or a portion thereof designed and used primarily to provide sleeping accommodations for transient guests for a daily or weekly rental charge and including interval ownership and such office, mee1ing~ restaurant facilities as are integral to the primary function. ~ 8-102, 1999 Clearwater City Code. The 1999 Code prohibited certain overnight accommodations, but continued to allow det.ched dwellings in Plaintiffs ~ neighborhoods. The definition for detached dwellings was somewhat changed to mean "a building separated from any other principal building and containing only' one dwelling unit erected on an individual lot of record." A dwelling unit was defined as "a building or a portion of a building providing independen.t living facilities for one family , including provisions for living, sleeping and complete kitchen facilities." i 8-102 1999 City of Clearwater Code. Moreover, the 1999 Code contains a section entitled. Residential Rentals. Division 23, 1999 City of Clearwater Code. This is section discusses residential rentals~ but does not contain any reference to time limitations, nor does it differentiate between long and. short tenn rentals. Pursuant to FLorida Law, "[s]ince zoning regulations are in derogation of private rights of ownership, words used in a zoning ordinance should be given their broadest meaning when there is no definition or clear intent to the contrary and the ordinance should be interpreted in favor of the property owner." Rinker Materials Corp. v. City of North Miami. 286 So.2d 552, 553 (FIa. 1973). Moreover. an alleged prohibition in a 8 Sod asos""s",l.cu.. ", ,Wi.'l.. I : B l.OOa 02 ...di.' ~:(-IU)NOU.wna .ZS1lStltlU:alS:J. J:SINQ. JIJXYd.LNDat:US .[auq.l~ w;qsq)WYZJ:eJ:e, .iDOWIt J.YCL\:)lI.S,/DUIOWd City Code must clearly give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden. As noted by the Second DCA: A legislative enactment ~1I not be declared vague unless the statute fails to give persons of ordinary intelligence fair. notice of what constitutes the forbidden conduct and which, because of impreciSion, may invite arbitrary and discrimiaatory enforcement. State v. &aI, 680 So.2d 608, 610 (Fla. 2nd DCA 1996)(ordinance prohibiting citizen from entering a 81. Petersburg pUblic park between dusk and dawn unless they have prior authorization fOood constitutional because it provided sufficiently definite notice in commonly understood language to citizens of ordinary intelligence of what was prohibited.). The CQurt frods that short term rentals of properties on Clearwater Beach were not prohibited under either the 1980 nor the 1999 Codes. Even piecing together various portions of the. Code does not provide sufficiently. definite notice in commonly ~ \U1derstood language to citizens of ordinary intelli gence of what was prohibited. Plaintiffs' properties are clearly all "detached single family dwellings" under the 1980 Code, based on the definition which included "a detached building . . .designed for. . . one family." ~ 35.11, 1980 Clearwater City Code. Moreover, under th~ 1999 Code, none of the properties at issue qualify as "overnight accommodations" as they were not "designed and used primarily to provide sleeping accommodations for transient guests . . . and including interval ownership and such office, meeting, restaurant facilities as are integral to the primary function..' ~ 8-102, 1999 Clearwater City Code. Alternatively, even if such Codes did prohibit short term rentals the Defendant did not offer any evidence that such change affecting the use of land in 1980 or 1999 was properly enacted in accordance with the applicable rules. It was well established 9 nt"d .. - 2~O~~9~1.21.. .Wl.f8 t : 6 l.OOa o~. .Jd~ 8Z'1lO:(ss-tUW) NOI.Lwna. ~COmtlU:CIlS:). &:SING. UnCV:I.LHORI:HMl. [awu lQ8UAaQ UJalRaI WItI n:IU:D~ LOOEl8llt.LV ~. f;&1U i19VtI that shQrt term rentals on Clearwater Beach were an established' open and obvious use of land for a long time prior to the adoption of the J 980 Code. Therefore, even if the changes in either the 1980 or 1999 Codes included a prohibition on short term rentals, there has been no evidence 1hat such restrietion which would certainly substantially affect the use of land~ complied strictly with the applicable requirements. Accordingly, any such new restriction would be a nullity. See e.g.. David v. City of Dunedin, 473 So.2d 304', 306 (pIa. 2nd DCA 1985)("lnasmuch as Ordinance No. 72-75, as amended by Ordinance No. 77-48, seeks to regulate "all exterior signs, so as to protect health and safety and to promote the public," Dunedin, Fla., Code ~ 3-13 (1972), the ordinance and its amendment are zoning ordinances which are null and void if not strictly enacted pursuant to the requirements of section 166:041"); Coleman v. City of Key West, 807 So.2d 84, 85.86 (Fla. 3d DCA 2001), review denied, 828 So.2d 385 (Fla.2002) (court - . invalidated Ordinance relating tq. short term. rentals based on the City's noncompliance with -the notice provisions of the statutes relating to ordinance adoption.). The Court notes that prior to this action. no property owner on Clearwater Beach has challenged the issue of short tenn rentals under the 1980 or 1999 Codes. However, a challenge was never required because the City never cnforced its alleged prohibition on short term renta~s and prior to the adoption of the 2003 Ordinance, never clearly informed its citizens that such rentals were not permitted. Since the CQurt finds that short tenn rentals were permitted under the prior codes. and all properties owned by Plaintiffs in this matter were intended and offered for use as short term rentals prior to the adoption of the 2003 Code. then the Court must detennine whether the Plaintiffs are entitled to grandfather status allowing them to legally continue such rentals. Grandfather status can be explained as follows: 10 T T .... 7cnc.a.a.a.J7J U~Rt:~ ~nn~ n~ ~d~ U1O:Iss-w"", NOI.Lwna . Z!lOStlltlWGISO . ~:SING . ~1~XY~:~S . [auq.L IltIIIlAea WlQS8i1111'1 n:o~ :O~ lOOll8ZIt .LY at.;)\l . s~a~ J:Wd ,-... ~ The application of zoning regulations to restrict an existing use of property, resulting in substantial diminishing of its value, may COl1$ti1ute a "taking" by the governmental agency which requires the payment of . compensation under well-established principles of constitutional law. 82 Am..Jur.2d. Zoning an~ Planning" ~ 178. To avoid these consequences, zoning regulations generally' "grandfather" the continuation of existing nonc::oDfonning uses on property subject to the zoning classification. State v. DanneT.159 Fla. 874. 33 So.2d 45 (1947). Hobbs v. Department ofTransp., 831 So.2d 745 (Fla. 5th DCA 2002)(quoting Lewis \I. Cily of Atlantic Beach, 467 So.2d 751 (Fla. 1st DCA 1985)). ~'A nonconforming use is a ~"[l]and use that is impermissible under cwrent zoning restrictions but that is allowed because the use existed lawfully before the restrictions took effect..... Rollison \I. City Of Key West, 875 So.2d 659, 660 (FIa. 3M DCA 2004)(quoting Black's Law Dictionary 1540 (7th ed.1999)). Moreover, it is well established that the lawful non conforming use flows with the property, not the owner: We have been cited to no legal authority ~pholdiDg the proposition that a municipality can.. terminate a grandfathered nonconforming use of property simply because the tenant and operating license holder of the establishment on the property undergoes a change. It is clear that- the concept of grandfathered nonconfomring use relates to the property and the use thereof. not to the type of ownership or leasehold interest in the property. . Hobbs, 831 So.2d 745 (citations omitted). Both the 1980 and 1999 Clearwater City Codes contain nonconfonning use provisions which provide for grandfather status for lawful nonconfonning uses. 198<;> City of Clearwater Code, Article II ~ 42.21. Nonconforinities~ 1999 City of Clearwater Code, Article 6. Nonconfonnity Provisions. The 1999 Code states the purpose of the nonconfonning provisions as follows: The purpose of this division is to regulate and limit the development and continued existence of uses, structures and lots which were lawful on the date of the adoption of this Code, but which would be prohibited, regulated. or restricted under the terms established herein. While 11 ~T.d ~c;nc;"'~"'J.~J. W~Sl:S LOO~ ti~ ~d~ 8Z-80:(SS-1UUI) NOIJ,YHnO. ZeonotollL:OIS:), ~:8INa. ~'~XY:UJI!lIH."IIAS. [eWt.l. ~ UJa:lRid"., Z~:OJ:OJ L08ZIOUt J.Y ~OH . CU&~ iOYd nonconfonnities may continue. it is the intent of this development code to bring nonconfomling properties into compliance with the provisions of this code in conjW1ction with a change of use. redevelopment~ or any other change of condition of the property in order to eliminate the nonco~onnity or to bring the nonconformity as practical as possible to a conforming state." . S 6-101. .1999 City of Clearwater Code. A nonconforming use is defined in the Code as "any use of a building. structure or land lavifully established that does not comply with . the provisions for the zoning district in which such use is situated." ~ 8-102. 1999 City of Clearwater Code. Based on the foregoing, the Court finds that the short tenn rental of the properties at issue in this litigation are all established nonconfonning lawful uses which are entitled to grandfather status~ exempting them for the application of the 2003 Ordinance. The Court notes that while the properties at issue herein are all entitled to grandfather status. such continued nonconforming use must comply with the terms set , forth in the applicable City Code. WHEREFORE, it is hqeby. ORDERED AND ADJUDGED that the Cit), of CJearwater Land Development Codes did not prohibit the short term rentals of property on Clearwater Beach prior to the enactment of Clearwater Ordinance 7105-03, adopted on Aprill?, 2003. IT IS FURTHER ORDERED AND ADJIJDGED that the following properties (plaintiff owners' last names are in parenthesis) were all lawfully used as short tenn rentals prior to the enactment of the 2003 Ordinance and are entitled to grandfather status as lawful 'nonconforming uses pursuant to the terms of the City of Clearwater Land Development Code: 1. 1068 Eldorado Avenue (Dexter Properties) 12 € 1. d ZSOSf,Sf,l.Zl. W861:~ l.OOZ OZ ~d~ IlZ.IlO:(S~w) NOl.1W1la. ZIonotlZl:OI8:l. ~:S1Na. ~UXW~RI:HAS. [a1lll.1)qBuA8a wlllftll WY z~:o~:o~ lOOZlOZIt.1W ClI\:)lI. O~It~ "~WcI '. ,--., ,.-.,. 2. 770 Mandalay Avenue (Konnendi) 3. 963 Mandalay Avenue (KonnendilPowell) 4. 963.5 Mandalay Avenue (KormendilPowell) 5. 971 Eldorado Avenue (Scofield) . 6. 975 Eldorado Avenue (Story) 7. 843 Eldorado Avenue (Lockwood) 8. 849 Mandalay Avenue (Allbritton) 9. 849.1/2 Mandalay Avenue (Allbritton) 10. 940 Narcissus Avenue (Chen) 11. 864 Eldorado Avenue (Chrysochoos) 12. 831 Eldorado Avenue (George) 13. 966 Lantana Avenue (Meek) 14. 975 Narcissus Av~nue (Meek) 15. 1024 Eldorado Avenue (Mitcham) 16. 1021 Eldorado Avenue (Mitch~) 17. 1020 Mandalay Avenue (Mitcham) 18. 918 Lantana Avenue (parkslBarkes) .19. 22 Laurel Street (Satterwhite) 20. 755 Broce Avenue (Satterwhite) 21. 65 Gardenia Street (Satterwhite) 22. 947 Narcissus Avenue (Satterwhite) 23. ] 012 Mandalay Avenue (Satterwhite) 24. 979 Eldorado Avenue (Story) 25. 724 Mandalay Avenue (ParkslBarkes) 13 t.l"d GSOS~9ilol.Gl. lofl:Joa:s 1.002 OC:: ..Idl:l K"lO:(SlHUw) NOI.Lwna. ROnttW:aIS:). ~:8INQ. ~UXY.u.HDItI=IlAS. [aWl.L NiuMo U-I;qsea!... ~L:OL:OllOOZJOl/t.LY~:)aI . !l~I9L iIOYcI 26. 980 Narcissus Avenue (Withers) 27. 847 Eldorado Avenue (Wiggins) _ 28. 974 Mandalay A venue (Hayslett) 29. 810 Lantana Avenue (Hagaman) 30. 805 Bruce Avenue (Hagaman) 31. 934 Narcissus Avenue (Uline) IT IS FURTHER ORDERED AND ADJUDGED that the Court reserves jurisdiction to detennine entitlement to attorney's fees, if applicable and cos~ and for any other further relief as may be ap.propriate, upon proper motion.. DONE AND ORDERED in chambers at Clearwater, Pinellas County, Florida, this _ day of April 2007. ORIGINAL SIGNED AM 2 0 2111 NELLY N. KHOUZAM Circuit Court Judge ~ Copies Furnished To: Marion Hale, Esq. Sharon E. Krick. Esq. P.O. Box 1368 Clearwater, FL 33757 Leslie K. Dougall-Siqes, Esq. Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, FL 33758 14 Sl.d . -. 2S0S~9~LaL w~oa:SLooa oa ~d~ Page 1 of2 Wills, Anne Phillips. Sue on behalf of Manni, Diane Thursday, May 03, 2007 9:25 AM Hibbard, Frank; Doran, John; Petersen, Carlen; Cretekos, George; Akin, Pam; Horne, William; Brumback, Garry; Goudeau, Cyndie; Wills, Anne; Reporter; Wagenfohr Carl (E-mail) Subject: FW: (Short Term Rentals) Clearwater Politics From: Sent: To: FYI - -----Original Message--.-- from: Paul Gibson [mailto:pgibson6@tampabay.rr.com] Sent: Wednesday, May 02,20078:28 PM To: Manni, Diane; Manni, Diane Subject: Fw: Clearwater Politics Diane, Please ensure this email is circulated to the appropriate individuals. Thanks. Paul ----- Original Message --- From: Mike Mazzone To: Paul@clearwaterbeachwaterfrol'lt.com Sent: Wednesday, May 02,20077:13 PM Subject: Clearwater Politics Paul. I wanted to email you through your personal website and not the City's. I hail as a native from Massachusetts, however as you can see, I am in the same business as you in Park City, Utah,(14 years now) a resort town much like Clearwater Beach. Real Estate has been great to me over the past 10 years and this town has thrived on our industry in sales and rent<;lls. I began visiting Clearwater Beach in 2000 and fell more and more in love with the area over the years. Unfortunately, I wasn't in a financial position to purchase a home until early 2005. lawn a home at 960 Mandatay Avenue, that I've probably pumped over $100,000 into, which I think it greatly needed and I hoped my neighbors were happy about. I watched the video cast of your Council meeting of April 30th and quite frankly, you looked as perplexed as I felt on why the City would want to appeal the recent court decision? The assistant Atty's estimation of percentages of a successful overturn appeared to be "pie in the sky. thinking. Please tell me, what is the difference between a 7day, 10 day, 15 day, or 31 day tenant, or what tlike to call guests of the City? 'MIa go out and spend much needed dollars for the suffering business owners down there. Does this "posse" of disgruntled citizens really want to tum Clearwater Beach into such a sterile town that nobody wants to return to? What would "Dr. Beach" say? Top 5 beach in America, but nowhere to sleep? As a professional in the Real Estate Industry, this must concern you? I have a friend who lives on Narcissus(full time) who had a 3 month tenant behind him all winter from one of the professional baseball teams. They partied more than 3 times per week and the police were called multiple times. The seven day folks sound like angels to me? To put everything up front with you, I was cited by the City about a year ago for having some language on my web Page 20f2 site that indicated weekly rentals. The language was immediately corrected and life went on. Feel free to look at the site, www.buccaneerbungalow.com Now, being a successful Realtor, I do in fact send many clients, friends and family to use and enjoy my home on a short term basis. They love it and are very appreciative. No one neighbor, including Mr. Murphy should be able to draw any conclusions from these visits. Folks come and go. My wife will be down with friends from 3-3 to 3-7 , another group of friends from Park City will be down the 7th to the 14th, and myself from the 14th to the 18th. I'm sure this spins the heads of the "posse" who I know are taking photos of my home and guests and probably wasting their time with notes building a case to bring to The City. It is quite frankly pure harassment, which I'm not going to stand for anymore. I am in compliance with my advertising and guests I've had at my home. Since you are a new Council Member, I am aSking you to try and spear head some discussion on some alternative solutions to this problem. It seems The "Posse" is not going away and neither are owners like myself who want to enjoy their property rights. Why can't a short term program be discussed with some heavy policing? A one time, no waming system. I can guarantee that a quick fine for short term rental owners will make them screen their guests more efficiently and cut down on ALL rental problems. This is not a under 31 day issue. You may as well ban rentals altogether on the beach. There will be a new group coming forward, just like the last group, who are going to fight harder and get The "Posse" to spend some of their own money and quite wasting the City's resources. In closing, I am into my property for the long term. It is a home to me and not just an investment. My goal is to pay it off and become a full time resident when we retire. I tollow the newspapers and politics. I have them all mailed up to me. I'm a good person and a good citizen and good for Clearwater Beach. I'm part of the "newer" crowd that is coming in, very much like people you solicit and have become your clients and friends over the years. I wish you well and I will be listening to the discussion on 'the May 3n:t meeting. I would love to hear your views and possibly meet you in person someday. Again I will be in town, the week of the 14th. Thank You. Mike Mazzone Principal Broker Accredited Buyer Representative M: 435-901-0300 0: 435.649..1991 F: 435-649-1998 Email: mjm@mwutah.com Web: www.parkcityrealtygroup.com No virus found in this outgoing message. Checked by A VG Free Edition. Version: 7.5.467 / Virus Database: 269.6.2/784 - Release Date: 5/1/20072:57 PM 5/3/2007 DRAFT WorkNet Pinellas Executive Committee Consent Agenda of May 2, 2007 Actions Approved At WorkNet's Executive Committee Meeting ofMav 2,2007: Any Board Member shall have five days from receipt of these minutes within which to request that an action of the Executive Committee be brought before the full Board If no such request is made, the actions of the Executive Committee shall stand Call to Order Chair Cindy Jameson called the WorkNet Pinellas Executive Committee meeting to order at 11:51 p.m. in the EpiCenter's Board Room, 13805 58th Street North, Clearwater, Florida 33760. There was a quorum present with the following Executive Committee Members in attendance: Cindy Jameson, Chair Dr. David Welch Commissioner Calvin Harris Pat Carlisle Jack Geller Dan Andriso Bill Protz Dr. Tony Leisner Guy Cooley Sallie Parks Members not in attendance were Craig Brethauer, Nikki Gaskin-Capehart, Odalys Lara, and Darren VenerL Others in attendance included Executive Director Ed Peachey, Finance Director Dianne Cox, Economic Development Services Director Kristin Dailey, Director of Operations Don Shepherd, Director of Planning and Development Jerome Salatino, Bill Griffiths, Community Relations, and Attorney Charles Harris. Item 1 Approval of March 7. 2007 Minutes The March 7, 2007 minutes were presented for approvaL Motion: Second: Jack Geller Sallie Parks To approve the minutes as presented. Motion passed. Item 2 New Board Member Nomination New Board Member Nominations: Councilmember George Cretekos, Clearwater City Council On April 19,2007, Clearwater City Council appointed Councilmember George Cretekos to replace Councilmember Bill Jonson to serve on the WorkNet Pinellas Board of Directors. Consent Agenda: Executive Committee - May 2, 2007 1 DRAFT The BCC appoints WorkNet Board members to a two-year term period. Motion: Second: Jack Geller Sallie Parks The Executive Committee recommends forwarding the nomination to the Pinel/as County Board of County Commissioners for appointment to the WorkNet Pinel/as Board. The BCC appoints WorkNet Board members to a two-year term period. Motion passed. COMMITTEE ACTIONS . Finance Committee: Jack Geller, Chair Item 3 Modification of FY 2006-2007 Budeet Total budgeted revenue has increased from $13, 979,558 to $14,342,125 equaling an overall increase of $362,567. This increase in funds and proposed utilization of these funds is as follows (reference Budget Modification spreadsheet): Changes in Revenue Budget: WIA Youth Long -Term Incentive Award Wagner Peyser Long-Term Incentive Award Additional Florida reBuilds Award Ready to Work Grant ($50,000 reserved for next year) 31,250 20,834 100,000 260,485 Adjustments to WorkNet's Expenditure Budget: WorkNet support will be increased by $25,000 to add a Ready to Work Coordinator. We will also contract with local Chambers of Commerce to pay employers up to $150,000 for surveys. The additional $100,000 Florida reBuilds funds will be added to Employer Incentives. Cost Pools will be adjusted based on allocations. Motion: Second: Dr. David Welch Sallie Parks The Executive Committee motioned to approve the Finance Committee's recommendation to approve/ratify the adjustments to the Revenue Budget and resultant modifications to service provider contracts and WorkNet budgets. Motion passed. Public Comments: None were made. Chair Cindy Jameson adjourned the meeting at 12:25 p.m. Consent Agenda: Executive Committee - May 2, 2007 2 Wills. Anne From: Sent: To: Phillips, Sue on behalf of Manni, Diane Thursday, May 03, 2007 9: 11 AM Horne, William; Akin, Pam; Brumback, Garry; Goudeau, Cyndie; Wills, Anne; Reporter: Wagenfohr Carl (E-mail) FW: Short Term Rentals Subject: -----Original Message----- From: InterneCCommenc Card (mailto:lnternec Commenc Card] Sent: Wednesday. May 02. 20079:16 PM To: Manni. Diane Subject: Short Term Rentals Sender's Name: Pat Gallagher Date sent: 5/2/2007 9:16:36 PM Comments: I understand the commission is deciding on whether or not to pursue the lawsuit against the 31 short term hotels operating on North clearwater Beach. I have lived in this neighborhood for approximately 12 years. I request that the city continue to fight this lawsuit. I have seen houses with 20 or more people in them. I have seen web sites advertising a home sleeps 24 over the years. your enforcement people can certainly back this up. TIlls is our neighborhood, it is not a hotel district. The investors in these properties are in for one simple reason "profit". You have an obligation to continue pursuing this situation. The true absurdity of this was pointed out several weeks ago when one landlord told your building complaince board we let the people stay for free when they were brought up on a violation for weekly rental and they then were part of the this lawsuit for other properties. There are only two things that occur due to these rentals profits for people who do not live near them and headaches for the voting citizens who live next door. lbis beach has not seen full hotel occupancy in a long time. there are plenty of legal accomodations available. Sender Emai1: clearbeach@aol.com Mailing Address: 726 bay esplanade Phone: 492 3597 1 Re: Short Term Rentals Page 1 of3 Wills, Anne PhillipS, Sue Thursday, May 03, 2007 9:08 AM Horne, William; Akin, Pam; Brumback, Garry; Goudeau, Cyndie; Wills, Anne; Reporter; Wagenfohr Carl (E-mail) Subject: FW: Short Term Rentals From: Sent: To: m--Original Message----- From: Gibson, Paul Sent: Thursday, May 03, 2007 8:46 AM To: Mike Mazzone/Park City Realty Group Cc: City Council; Manni, Diane Subject: Short Term Rentals Mike, It would be difficult to require landlords to attend a class, particularly since many of the live out of the area. On- line courses often end up with someone else taking the class. I will discuss with the enforcement team and secure their opinion. I appreciate your thoughts. Paul From: Mike Mazzone/Park City Realty Group [mailto:mjm@mwutah.com] Sent: Wed 5/2/20079:44 PM To: Gibson, Paul Cc: City Council; Manni, Diane Subject: Re: Short Term Rentals Paul, One more thought. I didn't get an answer on your views about the problem 31 + day tenant? I would assume you have heard of some? Maybe a consideration of the City would be for all lanlords to go through a classroom program like we as REAL TORS do when becoming licensed. Kind of like a code of ethics class? You never know, it just may work. Mike Mazzone Principal Broker Accredited Buyer Representative Direct: (435) 901-0300 Office: (435) 649-1991 Fax: (435) 649-1998 E-mail: mjm@mwutah.com MLS Search: www.parkcityutahmls.com ----- Original Message mn From: <paul.gibson@MyClearwater.com> To: <mjm@mwutah.com> 5/3/2007 Re: Short Term Rentals Page 2 of3 Cc: <City .Council@myClearwater.com>; <Diane.Manni@myClearwater.com> Sent: Wednesday, May 02, 2007 6:53 PM Subject: Short Term Rentals Mike, I agree. Enforcement is a significant problem. I really do not have an answer on how to enforce. It is difficult to enforce in condominiums where the control is much easier to exercise. We have the same problem in my Belle Harbor condominium complex. Paul From: Mike Mazzone/Park City Realty Group [mailto:mim@mwutah.com] Sent: Wed 5/2/2007 8:41 PM To: Gibson, Paul Cc: City Council; Manni, Diane Subject: Re: Short Term Rentals Thank you for your reply and views. Again, we can all be in favor of a 31 day rental, but at the end of the day, there is a large problem with the whole system and how it operates. Mike Mazzone Principal Broker Accredited Buyer Representative Direct: (435) 901~0300 Office: (435) 649-1991 Fax: (435) 649-1998 E.mall: mjm@mwutah.com MLS Search: www.parkcityutahmls.com _nn Original Message ----- From: <paul.gibson@MyClearwater.com> To: <mjm@mwutah.com> Cc: <City .Council@myClearwater.com>; <Diane.Manni@myClearwater.com> Sent: Wednesday, May 02, 2007 6:20 PM Subject: Short Term Rentals Mike, Thank you for your email. Your email was sent to my business email address and all communications regarding City business are public record under the law. I wn therefore required to forward your email to the City for distribution and will be copying them on this email, too. First, the City's rental policies pertain only to rentals, e.g. not to guests. Second, a ruling has been issued and the only decision is whether to appeal it. Third, I am in favor ofthe City's ordinance requiring a minimum rental of31 days. The issue of the lack of accomodations is a legitimate issue but not related to the short term rentals on north Clearwater Beach. North Clearwater Beach is a residential community for many residents. Fourth, I do not believe we should expend any funds appealing through outside counsel. Finally, I will make a decision on the 5/3/2007 Re: Short Term Rentals Page 3 of3 appeal once it appears on our agenda. If you wish to discuss, my cell phone for City business is 727-224-0108. Thanks. Paul Gibson City Councilmember City of Clearwater Internal Virus Database is out-of-date. Checked by A VG Free Edition. Version: 7.1.375 / Virus Database: 268.2.1/278 - Release Date: 3/9/2006 Internal Virus Database is out-of-date. Checked by A VG Free Edition. Version: 7.1.375 / Virus Database: 268.2.l!278 - Release Date: 3/9/2006 5/3/2007 Wills. Anne From: Sent: To: Cc: Phillips, Sue on behalf of Manni, Diane Thursday, May 03, 2007 8:51 AM City Council Akin, Pam; Horne, William; Brumback, Garry; Goudeau, Cyndie; Wills, Anne; Reporter; Wagenfohr Carl (E-mail) FW: Clearwater Beach short term rentals Subject: -----Original Message----- From: Intemet_CommencCard (mailto:lntemet_CommenC Card] Sent: Wednesday, May 02, 20078:38 PM To: Manni, Diane Subject: Clearwater Beach short term rentals Sender's Name: Shirley Petersen Date sent: 5/2/2007 8:38:08 PM Comments: My name is Shirley Petersen and I reside at 861 Bruce Ave. on Clearwater Beach I support the appeal on the 31 short term rentals. Sender Email: spetersen 1313@hotmail.com Mailing Address: 861 Bruce Ave. Clearwater Beach, FL 33767 Phone: 1 Wills, Anne Subject: Phillips, Sue on behalf of Manni, Diane Thursday, May 03,20079:17 AM City Council; Akin, Pam; Horne, William; Brumback, Garry; Goudeau, Cyndie; Wills, Anne; Reporter; Wagenfohr Carl (E-mail) FW: Short Term Rental Ruling From: Sent: . To: -----Original Message----- From: Intemet_CommencCard (mailto:lntemec Commenc Card] Sent: Tuesday, May 01, 20075:56 PM To: Manni, Diane Subject: Short Term. Rental Ruling Sender's Name: Elizabeth Dexter Date sent: 5/1/20075:56:10 PM Comments: My family has owned the property at 1068 Eldorado since 1932 and has been renting it off and on over the years. We have never had a single complaint against us! I do not understand why you would be taking sides on this as we are also law abiding taxpayers. Aren't you supposed to represent us too? Please feel free to call me if you have any questions. I would appreciate your support and fairness in this matter. Thank you. Sincerely, Elizabeth Dexter Sender Email: Mailing Address: 612 Druid Road Clearwater, FL 33756 Phone: 587 -0687 1 Message Page lof I Wills, Anne ~_~_ .__ '__~__~~"~' ......._~"._ _.....,~,,~__ ~---."_.r_._. ~".. ......_,.~,." .".......___.-....__~_,...__~.~~,,~J__ . ~._ _ _.... ~~_ _u_ _..,.~__,.__.. ._"...~__. ......_., ....._ _ ,..........,J,..~~.,.. .~,?__.__ ,...,",,__~ __ .,__ _.__,.._.___u_......_ ,.J__ From: Hibbard, Frank Sent: Thursday, May 03,20072:18 PM To: 'Lillian Johnson' Cc: Manni, Diane Subject: RE: Short Term Rents on North Beach Mr. and Mrs. Johnson, I appreciate you taking the time to email and will take your experiences into consideration this evening. I have always believed that people behave differently over a seven day period than over longer stays. I further believe that I should consider your situation as though I were living in your shoes and I know that I would not want to have new neighbors next to my home every week! Regards, Frank V. Hibbard Mayor, City of Clearwater 112 S. Osceola Ave. Clearwater, FL. 33758 727~562-4050 -----Original Message----- From: Lillian Johnson [mailto:LillianJohnson@ravensun.com] Sent: Thursday, May 03,200711:34 AM To: Hibbard, Frank Subject: Short Term Rents on North Beach Hr. Hibbard, Please do whatever you can to prevent the allowance of short term rentals on North Beach. This is a residential community, not a Vacation Resort. Respectfully, Gregg & Lillian Johnson 5/3/2007 Wills, Anne From: Sent: To: Manni, Diane Thursday, May 03,200710:52 AM Brumback, Garry; Akin, Pam; Cretekos, George; Doran, John; Gibson, Paul; Goudeau, Cyndie; Hibbard, Frank; Manni, Diane; Petersen, Carlen; Reporter; Wagenfohr, Carl; Wills, Anne FW: Strongly support City's appeal Subject: -----Original Message----- From: Hibbard, Frank Sent: Thursday, May 03, 2007 10:46 AM To: 'Susan Dvornik' Cc: Manni, Diane Subject: RE: Strongly support City's appeal Thank you, I believe that is the direction we will be going and appreciate you weighing in on the subject! Hope you are both doing well. Wann Regards, Frank V. Hibbard Mayor, City of Clearwater 112 S. Osceola Ave. Clearwater, FL. 33758 727 -562-4050 -----Original Message----- From: Susan Dvomik [mailto:dsdvornik@msn.comJ Sent: Wednesday, May 02, 2007 8:28 PM To: Hibbard, Frank Subject: Strongly support City's appeal Dear Mayor Hibbard, We strongly support the City's appeal on the recent niling to allow 31 short term rentals on North Clearwater Beach. Donald and Susan Dvomik 52 Aster Street Clearwater Beach, Florida Watch free concerts with Pink, Rod Stewart, Oasis and more. Visit MSN In Concert today. http://music.msn.com/presents?icid=ncmsnpresentstagline 1 Page 1 of I Wills, Anne From: Manni, Diane Sent: Thursday, May 03, 200710:51 AM To: Brumback, Garry; Akin, Pam; Cretekos, George; Doran, John; Gibson, Paul; Goudeau, Cyndie; Hibbard, Frank; Manni, Diane; Petersen, Carlen; Reporter; Wagenfohr, Carl; Wills, Anne Subject: FW: --.--Original Message----- From: Hibbard, Frank Sent: Thursday, May 03,200710:44 AM To: 'mollyneaux@aol.com' Cc: Manni, Diane SUbject: RE: We will be discussing this evening and I will take your opinion into account. Frank V. Hibbard Mayor, City of Clearwater 112 S. Osceola Ave. Clearwater, FL. 33758 727-562-4050 -----Original Message----- From: mollyneaux@aol.com [mailto:mollyneaux@aol.com] Sent: Wednesday, May 02, 200710:53 PM To: Hibbard, Frank Cc: PASONS@aol.com Subject: My name is William W. Molyneaux; I live at 751 Mandalay Ave, Clearwater Beach. Please appeal the recent ruling to allow 31 short term rentals on North Clearwater Beach! AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com. Page 1 of2 Wills, Anne From: Manni, Diane Sent: Thursday, May 03,200710:51 AM To: Brumback, Garry; Akin, Pam; Cretekos, George; Doran, John; Gibson, Paul; Goudeau, Cyndie; Hibbard, Frank; Manni, Diane; Petersen, Carlen; Reporter; Wagenfohr, Carl; Wills, Anne Subject: FW: Rentals -----Original Message----- From: Hibbard, Frank Sent: Thursday, May 03, 2007 10:42 AM To: Manni, Diane Subject: FW: Rentals Frank V. Hibbard Mayor, City of Clearwater 112 S. Osceola Ave. Clearwater, FL. 33758 727-562-4050 -----Original Message----- From: Hibbard, Frank Sent: Thursday, May 03, 2007 10:41 AM To: 'Bay2Beach@aol.com' Subject: RE: Rentals Ms. Gallagher, I appreciate you taking the time to email and will take your experiences into consideration this evening. I have always believed that people behave differently over a seven day period than over longer stays. I further believe that I should consider your situation as though I were living in your shoes and I know that I would not want to have new neighbors next to my home every week! Regards. Frank V. Hibbard Mayor, City of Clearwater 112 S. Osceola Ave. Clearwater, FL. 33758 727-562-4050 mnOriginal Message----- From: Bay2Beach@aol.com [mailto:Bay2Beach@aol.com] Sent: Thursday, May 03, 2007 7:05 AM To: Hibbard, Frank Subject: Rentals Mr. Hibbard, 5/3/2007 Page 2 af2 Please appeal the Clearwater Beach rental decision. Living next to a rental house <not one of the 31 grandfathered in but still rented legally and illegally} I know the headaches involved. This house went from a 2 person house to "sleeps 18-21" overnight. It has a pool which makes for even more of a disaster. Thirteen houses back up to this lot and pool and have to be inconvenienced with kids screaming all day long and parents partying all night long at the pool. My problem is that while we residents have to listen to the noise sometimes 24 hours a day~ the owners are sitting in their quiet homes and neighborhoods just cashing the weekly checks. We have had no complaints with the rental next door for over a year. They have had good, considerate renters. But from our past experiences, I know the problems and can feel for those living next to or near one of the 31 grandfathered properties. Maybe, at the least, the city can make a list of rules and regulations that must be posted on all rental homes regarding quiet hours etc. And maybe the owners need to share their weekly profits with the residents they inconvenience on a daily basis. Better yet, they can buy the houses next to their rentals, live in them and see what beach living is really like for those in their neighborhood. Thanks for listening! Beverly Gallagher See what's free at AOL.com. 5/3/2007 Page 1 of2 Wills, Anne From: Manni, Diane Sent: Thursday, May 03, 200710:52 AM To: Brumback, Garry; Akin, Pam; Cretekos, George; Doran, John; Gibson, Paul; Goudeau, Cyndie; Hibbard, Frank; Manni, Diane; Petersen, Carlen; Reporter; Wagenfohr, Carl; Wills, Anne Subject: FW: Short Term Rentals -----Original Message----- From: Hibbard, Frank Sent: Thursday, May 03, 2007 10:45 AM To: 'PASons@aol.com' Cc: Manni, Diane Subject: RE: Short Term Rentals Sandy, I appreciate you taking the time to email and will take your experiences into consideration this evening. I have always believed that people behave differently over a seven day period than over longer stays. I further believe that I should consider your situation as though I were living in your shoes and I know that I would not want to have new neighbors next to my home every week! Regards, Frank V. Hibbard Mayor, City of Clearwater 112 S. Osceola Ave. Clearwater, FL. 33758 727-562-4050 -----Original Message----- From: PASons@aol.com [mailto:PASons@aol.com] sent: Wednesday, May 02,20079:56 PM To: Hibbard, Frank Subject: Short Term Rentals I support your appeal against the ruling on short term rentals. Many residents have to put up with a quality of life that is more in keeping with South Beach. Condo Meek were my relocation agent in 1995 and they could not find me a monthly rental. All that was on North Beach was 3 month rentals! I took a 3 month rental before I bought my current home. I hope that you allow this appeal. Thankyou Sandy Britton Sandy@brittonLcom Tel: 727.443.4466 Skype: SandyBritton AIM: Pasons 5/3/2007 :1,1; " j ',~' SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:5/3/2007 Review Approval: 1) Clerk Cover Memo Item # 41 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Clarify direction to Environmental Advisory Board - Mike Flanery, Chair SUMMARY: Meeting Date:5/3/2007 Review Approval: 1) Clerk Cover Memo Item # 42 Attachment number 1 Page 1 of 3 City of Clearwater Environmental Advisory Board Presentation Summary - Council Meeting May 3, 2007 D. Michael Flanery, PE, MPH, EAB Board Chair Introduction Purpose to give brief overview ofEAB, and to seek input as to how we can best serve the City. Brief overview of various EAB Mission Statements Limited communication with City Council, and request for a Council Member to serve as EAB's Council Contact. The liaison with Ed Chesney, Public Works, and Legal are all greatly appreciated, but a more direct link to our "boss", the Council, would be most beneficial. Alternatives to Resolutions from EAB: EAB output has generally been limited to formal Resolutions. Board suggests formatting of monthly minutes with bullet points for "Suggestions" or "Bring to Council's attention" etc. items in various stages of consideration and importance. Annual in-person updates to the Council. Participation ofEAB members in other groups. At Council's direction, participate in discussion groups, Surveys, Advisory Groups, and in larger workshops as designated Council representatives or alternates. Input re EAB's performance:. Is the EAB being effective, going beyond the Board's intent, making effective use of Staff time? Should more focus be on Health and the Environment including the "Built Environment"? The environment is now recognized as contributing to our mental and physical health and ways to maintain a healthy lifestyle, sustainability and energy self-sufficiency and conservation, energy costs and efficiency, air and water pollution, global climate change and the effects on Clearwater of sea levels that are currently rising an inch every 10 years. More direct health issues include informal exercise opportunities such as walking to work or for relaxation and stress reduction; the effects of particulate matter from dust connected with transportation, and general layout of the City to provide a welcoming, friendly place to live. POSSIBLE PROJECTS: Requesting Council's direction on possible projects: Energy Efficiency Program: . Fluorescent and Energy Efficient Light . Light Emitting Diode (LED) traffic signal retrofit program . Solar Water Heating Item # 42 Attachment number 1 Page 2 of 3 . Green Lodging Program (and recognition on website) . Green Buildings and Rewards 1 Recognition . Xeriscape demonstration Gardens in Clearwater . Storm Water Fee Reduction or other savings for Certified Xeriscaped properties Pollution Abatement and Recycling Program Expansion (with recycling locations located within the City) . Fluorescent Energy Saving Light bulbs . Fluorescent lights, battery Computer recycling . Drop-off points at several locations within the City, for o Computers, Monitors, electrical components containing lead and other heavy metals o Do-it-yourself Recycling - Oil, Batteries, pesticides, paints, solvents, . Unusable petroleum products (oil and gasoline from boats and vehicles . Reduced Pesticide and fertilizer use to protect surficial groundwater and estuaries. . Encouragement and support of City in special events such as Earthday. Use of Safer Products and Practices Promote Community Awareness . Sea Turtle nests . Bird sanctuaries . Manatee, Dolphin, Ray restrictions (feeding, no wake zones) . Liaison with Audubon Society, etc for birding, and outdoor activities " Sustainability" Major Initiatives, the type needing go-ahead from the Commission before proceeding: Green Business Certification Program --- partnership of environmental agencies and utilities that assists, recognizes, and promotes businesses and government agencies that volunteer to operate in a more environmentally responsible way http://www.sfenvironment.com/greenbiz/ (San Francisco) Climate Action Plan. Participation of Clearwater in the Cities for Climate Protection Campaign sponsored by the International Council for Local Environmental Initiatives. "Clearwater Livability" Web site: Initiatives to make Clearwater is a better place to live: . Health and Recreation: Exercise - trails, sports, links to Recreation Dept. Item # 42 Attachment number 1 Page 3 of 3 . Healthy and Ecologically beneficial activities for Tourists - Green Maps, Green County . Beaches highlighted as excellent recreation opportunities, include running, kites, safe swimming, (and sun exposure) . Healthy Choices for a Healthy Clearwater "Will you make at least one healthy choice every day?" (existing program & web link) . Green Map System participation (through website) "The Green Map System (GMS) is a locally adaptable, globally shared framework for environmental mapmaking. It invites design teams of all ages and backgrounds to illuminate the connections between natural and human environments by mapping their local urban or rural community. ..http://www.greenmap.com Item # 42 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: APGA Public Gas Policy Council (PGPC) Issues SUMMARY: Meeting Date:5/3/2007 Review Approval: 1) Clerk Cover Memo Item # 43 Attachment number 1 Page 1 of 2 APGA TALKING POINTS FOR MAY 2007 CONGRESSIONAL MEETINGS Increasin2 Natural Gas Market Transparency . Public gas utilities and many of our customers, your constituents, have lost confidence in the natural gas marketplace because of the lack of transparency in the natural gas over- the-counter market. Given the volatility of natural gas prices, we believe increasing transparency is essential to protect consumers. . Natural gas is a critical fuel for our nation's economy. It fuels our industries, serves as a feedstock for generating electricity, and it heats our homes. But, the vast majority of natural gas over-the-counter transactions occur without any oversight and are non- transparent. This lack of transparency in a very large segment of the natural gas market leaves open the potential for participants to engage in manipulation strategies. . I urge you to push the Agriculture Committee to move forward on legislation that provides the Commodity Futures Trading Commission (CFTC) with the authority to collect information concerning all positions held by the largest traders in the natural gas over-the-counter market. . Increasing transparency in the over-the-counter market will help the CFTC prevent market abuses before they impact consumers. Under the current regulatory process, those that commit market abuses are more often than not caught after the fact and that means our customers have already paid a price in terms of higher natural gas prices. Increasin2 Natural Gas Supply . Since 2000, American consumers have seen the wholesale price of natural gas go up more than 600%. These price increases have resulted in consumers paying billions of dollars more for natural gas than in previous years. This has had an impact on our community as well as these are dollars that would have gone into local businesses, community infrastructure and more importantly, were the disposable personal income of households. . Increasing domestic gas supply is a fundamental component of the solution to long-term affordable natural gas. Supply has not been able to keep pace with demand in large part 201 202.464.2742 43 Attachment number 1 Page 2 of 2 because offederal policies that have restricted the exploration and production of natural gas. . As Congress now considers climate change legislation, increasing supply becomes even more important since the already tight demand/supply balance will become further strained. . Last year Congress passed legislation which did open up some areas in the Gulf of Mexico but this was only a small first step and much more work needs to be done to provide long-term price relief to consumers. I urge you to push for legislation that would increase natural gas production. LIHEAP Fundin2 . Currently, LllIEAP reaches only approximately 18% of the 30 million households that are eligible for assistance. Since 1981, the number of households eligible for LllIEAP assistance has grown, while the number of households served has declined. . LllIEAP continues to playa critical role in helping low-income families meet their energy needs. Without LllIEAP funding assistance many low-income families face the difficult choice between paying their energy bills or paying for other necessities, such as healthcare, food and childcare. . In 2006, LllIEAP received its highest level of funding since the creation of the program- $3.2 billion, $2.5 billion in the base program and $700 million in emergency assistance. Unfortunately, the funding level for FY'2007 was approximately a $1 billion reduction from the $3.1 billion that was provided in the 2006 fiscal year . I urge you to push for full funding ($5.1 billion) for LllIEAP for FY'2008. Item # 43 Attachment number 2 Page 1 of 1 Natural Gas Market Transparency April, 2007 Back2:round: Congress is expected consider legislation that reauthorizes the Commodity Futures Trading Commission (CFTC). The CFTC is responsible for protecting market users and the public from fraud, manipulation, and abusive practices related to the sale of commodity and financial futures and options. Currently, the CFTC receives no information concerning trading in the over the counter (OTC) natural gas derivatives market despite the fact that this market is inextricably linked to the regulated futures market and directly impacts the price discovery function of the market and this has led to a lack of consumer confidence in those markets. The Issue: The CFTC monitors the trading of natural gas contracts cleared through the NYMEX and recently started receiving voluntarily submitted information from the Intercontinental Commodity Exchange (ICE). By contrast, the OTC markets, including centralized markets for trading natural gas contracts, are largely exempt from transparency. The OTC natural gas markets have little transparency and the CFTC receives very limited, if any, information regarding the tens ofthousands of trades that are transacted in the OTC markets in natural gas contracts every day. Over the past several years the CFTC has assessed over $300 million in penalties for market abuses associated with trading in the OTC markets. Certainly, this demonstrates that some individuals or interests have taken, or attempted to take, advantage of the natural gas markets at the expense of consumers. Therefore, it is important that the government be able to monitor large derivatives positions on both the regulated exchange and the OTC markets to detect and prevent any squeezes or manipulations. Without comprehensive large trader position reporting, the government is currently handicapped in its ability to detect, much less to deter, market misconduct. Additional transparency will provide the government with the tools necessary to determine the degree to which trading in the OTC markets may be responsible for market volatility or for the actual manipulation of prices and will help limit opportunities for such manipulations. APGA believes that Congress should extend current monitoring practices by authorizing the CFTC to collect information concerning all positions held by the largest traders in the natural gas derivatives market; not just positions cleared through the NYMEX Exchange or traded on the Intercontinental Commodity Exchange. Natural gas contracts are susceptible to manipulation because the deliverable supply of natural gas is often small relative to the size of the cash and derivatives positions held by large traders. Therefore, it is important that the government be able to monitor large positions to detect and prevent any squeezes or manipulations. APGA Action: Last year, APGA testified before the CFTC at a hearing on what constitutes a Board of Trade located outside the U.S. under the Commodity Exchange Act. The hearing provided APGA the opportunity to communicate concerns that we have continually raised over the last few years regarding the lack of transparency in natural gas markets. APGA has met several times with the House and Senate Agriculture Committees to push for the passage of natural gas transparency legislation in the 110th Congress. 201 202.464.2742 43 Attachment number 3 Page 1 of 1 Increasing Natural Gas Supply April 2007 Back2:round: Over the last six years, the American consumer has seen the price of natural gas more than triple. Such increases in the price of natural gas have cost consumers over $200 billion more than in the prior six years. Prior to 2000, these dollars went into the local businesses, community infrastructure and more importantly, were the disposable personal income used for savings and investing in a child's education. Now these dollars are being pulled out of the communities served by public gas systems. Increasing domestic supply is a fundamental component of the solution to bring prices back to an affordable level. The Issue: Limits on development (through Congressional and administrative moratoria) prevent exploration and production in most of the Eastern Gulf of Mexico and the entire Atlantic and Pacific OCS. That means almost 90% of the OCS acreage off the lower 48 states is "off limits" to energy development. The fact that federal policies limit supply is ironic since it is also federal policies that favor natural gas use because of its clean-burning properties. Around the world, virtually every other country with oil and gas resources is promoting investment in and developing their offshore resources. If the US continues to reject opportunities to develop our domestic offshore energy resources, American consumers and businesses will suffer the consequences in terms of slower economic growth, higher energy prices, reduced competitiveness vis-a-vis overseas manufacturers and continued job losses. Last Congress, Congress passed and the President signed into law the The Gulf of Mexico Energy Security Act. The legislation directs the Department of the Interior to begin oil and gas leasing in designated parts of Lease Sale 181 (which is located in the eastern Gulf of Mexico) and in areas south of Lease 181 as soon as practicable. It also places a l6-year moratorium on oil and gas activity in the Gulf of Mexico within 125 miles of the Florida coast and excludes certain parts of 181 and areas south that are either used for military training activity or are near the Florida coast. The Act also provides an increased share of revenues from offshore leases to "Gulf producing States" which are Louisiana, Mississippi, Texas and Alabama. While this bill was a positive first step, APGA believes much more work needs to be done in terms on increasing domestic supply. This becomes even more critical given that Congress may move this session to enact climate change legislation. It is anticipated that natural gas will playa critical role in congressional efforts to mandate reductions in greenhouse gas emissions. It is APGA's position that to the extent an additional natural gas demand is created by the enactment of climate change legislation, legislation also needs to be passed that achieves an identical increase in the amount of supply. APGA Action: Going back to the beginning of the 109th Congress, in January 2005, when APGA testified before the Senate Energy and Natural Resources Committee, APGA has worked towards moving legislation through Congress that would allow natural gas production from areas that are currently off- limits to exploration. Last Congress, APGA worked closely with House and Senate Leadership towards getting the votes necessary to pass natural gas supply legislation and APGA and its members continue to work towards increasing supply. 201 202.464.2742 43 Attachment number 4 Page 1 of 1 The Low-Income Home Energy Assistance Program April 2007 Back2:round: The Low-Income Home Energy Assistance Program (Lll-IEAP) is a federal block grant program that provides money to low-income individuals/families to help them heat and cool their homes. The program receives an annual appropriation from Congress. The Issue: LIHEAP funds are allocated by the Department of Health and Human Services (HHS) and administered by the states. States are provided with flexibility to tailor programs according to the needs of their low and fixed income residents. The formula used to allocate funds under Lll-IEAP is based on two sets of regulations, the original regulations that came out of the Home Energy Assistance Act of 1980 which created Lll-IEAP and subsequent modifications/revisions to those regulations. Over the last few years, funding for Lll-IEAP has ranged between $2.1 billion and $900 million annually. In FY'2006 LIHEAP received its highest level of funding - $3.2 billion, $2.5 billion in the base program and $700 million in emergency assistance. Emergency funds are allocated at the President's discretion. Currently, LIHEAP reaches only approximately 18% of the 30 million households that are eligible for assistance. Since 1981, the number of households eligible for Lll-IEAP assistance has grown, while the number of households served has declined. The Energy Policy Act of 2005 included an increase to $5.1 billion in the funding authorization for LIHEAP. APGA supported this increase and continues to push for full funding ($5.1 billion) ofLIHEAP. APGA Action: APGA has urged Congress to provide full funding for Lll-IEAP and have pushed for full funding in meetings and letters to Congress. LIHEAP continues to playa critical role in helping low- income families meet their energy needs. Without LIHEAP funding assistance many low-income families face the difficult choice between paying their energy bills or paying for other necessities, such as healthcare, food and childcare. On February 15,2007 President Bush signed into law House Joint Resolution 20 which continued funding for the federal government for the 2007 fiscal year which expires on September 30, 2007. The bill passed the House by a 286-140 vote and the Senate by an 81-15 vote. The resolution provided $2.16 billion in funding for the Low-Income Home Energy Assistance Program (LIHEAP). This is approximately a $1 billion reduction from the $3.1 billion that was provided in the 2006 fiscal year and approximately $3 billion below the $5.1 billion that was authorized for LIHEAP in the Energy Policy Act of2005. 201 202.464.2742 43 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Direction regarding Preparation of Preliminary Budget SUMMARY: Meeting Date:5/3/2007 Review Approval: 1) Clerk Cover Memo Item # 44 . Ellen Thompson- 896-3130 re Moccasin Lake Park, please do not terminate the programmer position. . Mary Margaret Jones 831,.3422 re She does not want to see the Library system be affected with the budget cuts . Jane Williams 447-73-94 re Programmer Position at Moccasin Lake Park, the park has informed a lot of students over the years and it would be a shame to lose that. . Norm Mangram re Momingside closing against . Bill with the Native Plant Society called to say that they met once a month at Moccasin Lake Park and would hate to see it leave. There are many organization that meet there and it would be a waste to see the staff and park go. · ~~o~'I\\lt~on&:l.nd ~ o..ro i~ C\bEirq ~ ti~~ ~, ~ \ibtcltLt.1'h,rt.~ ~ ~ ,~ not-to.irfo ~ a4/26/2~a7 11:4~ 7277842449 SENIOR RESOURCE SVCS PAGE 01 MttnO to Mayor of the City ofCJearwater and city CoWKiil Membors Date: 5..3..07 Topic; Moccasin Lake Park loss OfBducatiOD position I Itrongly oppose: any reduetiOll of staff or fWJding to the Moccuin Lake NatUre Center. I have worbd with thi. site to provide nature information and environmental projects for the past tsJ years. This work bas iDduded partDenbips with the UP ARC prOJl'llDB, Florida FedcnDon ofGanlen Clubs. Clearwater Audubon Society and The f10rida Wildflower Advisory Council. Tbi.. park provides environmental educatioa and OOMelVation ,ft'orts. It is also aD important lite far interaction s _with nature forhandicapped persons. I am requeaOOS that DO reductions of staff or fimdina be aDowed. Judith GammonJey, AIlNP, Eel.D ~ COPIES TO CITY COUNCIL MAY 03 2007 PRESS CLERK/ATTORNEY Wills. Anne From: Sent: To: Subject: Internet Comment Card Thursday, May 03,20072:07 PM Manni, Diane Moccasin Lake-proposed cuts Sender's Name: Laurie Fiess Date sent: 5/3/2007 2:07:23 PM Comments: My family and I have been visitors and volunteers at Moccasin Lake for many years. My children have attended the summer. holiday and spring break camps there. and my son has worked as a junior camp counselor. We've attended night nature walks. campfire concerts, cookouts and campouts. We've learned about water conservation and have observed wildlife, including alligators, woodpeckers and raccoons. We've gotten to know Elvis, the vulture who lives at the park. We've attended Halloween programs where we learned about" creepy" creatures like spiders and snakes, and creatures of the night. like owls--and at one memorable Halloween program, my son was an audience volunteeJ: who was turned into a rat, something he still talks about. The park and its employees have been a very big part of our lives. and it is devastating to realize that with every budget cut and position removed, the park gets closer to extinction--or a drastically different incarnation that will offer none of what I have mentioned. Condemning the park to attempting to limp along with only three employees is unbelievable. Think of the scheduling alone--how will they ever get two days off in a row? What happens if someone has to call in sick? Can anyone ever take a vacation? Someone in that group of people who makes these decisions needs to actually visit the park. It can not survive (nor can the poor employees) under the conditions currently being proposed. Even four employees stretches each of them to their limits and beyond--it's just too much to ask. Please see that Moccasin Lak:::: gets the staffing that they J:equite; it would be tragic for this valuable, one-of-a-kind educational facility to cease to exist. "Old Florida" is disappearing so quickly. This is one place where people can "step back in time" and see it the way it was before man encroached. It is unique and special. and the City seems to be trying hard to ruin it. Sender Email: fiess@venzon.net Mailing Address: 7 N Corona Ave Clearwater FL 33765 Phone: 727 -442-887 6 1 Wills. Anne From: Sent: To: Subject: Internet Comment Card Thursday, May 03,2007 1 :45 PM Manni, Diane Moccasin Lake Park ~ "progammer" Sender's Name: Date sent: 5/3/2007 1:45:15 PM Comments: Do not do away with the educational programs that have been going on at the Moccasin Lake Park, which means do not do away with the "Proganuner's" position because he is the one who arranges for these wonderful pr()grams for our children. Tbis type of hands-on education is NEEDED BADLY for our children. Do not take this away. Paula Herman Long Time resident of City of Clearwater Sender Emai1: paula.hennan@ruden.com Mailing Address: 615 Crest Avenue Clearwater, FL 33615 Phone: 727-432-1210 1 Wills, Anne From: Sent: To: Subject: Phillips, Sue on behalf of Manni, Diane Thursday, May 03, 2007 1 :38 PM Wills, Anne FW: Moccasin Lake Okay, I think we are to the point that there are enough coming in so that we can print and have available rather than keeping sending. Agree? Will just need copies for Council and the rest of the distribution, including Garry and Rod. Thanks. -----Original Message----- From: Phillips, Sue On Behalf Of Manni, Diane Sent Thursday, May 03, 20071:37 PM To: City Council Subject Moccasin Lake We will print the remaining budget e-mails that are sent and have these available for you at tonight's meeting. -----Original Message----- From:Fostet,~ Sent: Thursday, May 03, 2007 1:10PM To: Manni, Diane Subject: FW: New CITS Ticket Created Diane - Kevin directed me to send this to the Council Kim Foster City of Clearwater Parks & Recreation (727) 562-4807 --,---Original Message----- From: CITS_ CityOfClearwater [mailto:CITS_ CityOfClearwater] Sent: Thursday, May 03,2007 12:46 PM To: Foster, Kim; Lockwood, Mike Cc: Leonard, Felicia Subject: New CITS Ticket Created This is an automated message - DO NOT REPLY A new crr Ticket, number CIT00001808, was created on 5/3/200711:46:04 AM Click on the link below to view the ticket in the CIT System https://199.227.233.60 / cits/login.asp?tpk=5B45219A-205D-4C53-8DC4-F08B5FB40E20 1 Ticket Description: Please do not defund Moccasin Lake Park's Programmer. lbis position is necessary to continue the invaluab]e environmental education that the Park has been renowned for through the years. The largest conservation groups in the County meet here and utilize these services (Audubon. Sierra and Native Plant). lbis park is an asset and should be nourished. not attacked in the funding process. This is an automated message - DO NOT REPLY 2 Wills. Anne From: Sent: To: Subject: Phillips, Sue on behalf of Manni, Diane Thursday, May 03, 2007 1:44 PM Wills, Anne FW: Mocassin Lake Budget Cuts -----Original Message----- From: Internee CommeneCard [mailto:Internet_ Commenc Card] Sent: Thursday, May 03, 2007 1:44 PM To: Manni, Diane Subject: Mocassin Lake Budget Cuts Sender's Name: Dawn Napolitano, PharmD Date sent: 5/3/2007 1:44:05 PM Comments: Please be advised that the educational and environmental services that Mocassin Lake staff provide, to the community and schools. would be sorely missed, if the proposed budget cuts are accepted. I believe that the property tax: problems can be addressed without denying citizens their recreational, educational and environmental oudets. I hope that you vote to preserve the park system at Mocassin Lake, because it's more than just a piece of pretty green space. The staff do an excellent job offering the community a variety of educational and enlightening programs. I want to enjoy their programs for years to come. Don't cut their budget! Sender Email: dawncn66@yahoo.com Mailing Address: Phone: 1 Wills, Anne From: Sent: To: Subject: Phillips, Sue on behalf of Manni, Diane Thursday, May 03, 2007 1:43 PM Wills, Anne FW: Moccasin Lake Programmer Position -----otiginal Message----- From: IntemeCCommenc Card [tnailto:Intemec CommencCard] Sent: Thursday, May 03, 200711:38 AM To: Manni, Diane Subject: Moccasin Lake Programmer Position Sender's Name: J. Johnson Date sent: 5/3/2007 11:38:58 AM Comments: Please do not eliminate the "Programmer" position at Moccasin Lake when you vote THIS AFTERNOON. This position is vital to the community. Youth today have little opportunity to learn about nature and experience it. What the next generation does not understand, they will not protect or value. The park serves many citizens and it is a valuable educational and natural resource, as well as a retreat and serene place for residents and visitors alike. Thank you. Sender Email: Mailing Address: Phone: 1 Wills, Anne From: Sent: To: Subject: Phillips, Sue on behalf of Manni, Diane Thursday, May 03, 2007 1 :43 PM Wills, Anne FW: Moccasin Lake Nature Park -----Original Message----- From: InteroecCommencCard [mailto:lntemet_CommencCard] Sent: Thursday. May 03, 2007 11 :48 AM To: Manni, Diane Subject: Moccasin Lake Nature Park Sender's Name: Date sent: 5/3/2007 11:48:34 AM Comments: Please carefully consider the elimination of any programs at Moccasin Lake. Our county is in need of more programs to encourage our youth in the importance of environmental concerns. Please don't let this wonderful facility lose that opportunity. Joyce Sender Email: Mailing Address: Phone: 1 Wills. Anne From: Sent: To: Subject: Phillips, Sue on behalf of Manni, Diane Thursday, May 03, 2007 1 :43 PM Wills, Anne FW: Don't Eliminate Programmer Position-Moccasin Lake ----~Original Message----- From: IntemecCommenc Card [mailto:lntemeCCommenc Card] Sent: Thursday, May 03, 20071:06 PM To: Manni, Diane Subject: Don't Eliminate Programmer Position-Moccasin Lake Sender's Name: Evan C. Earle JR Date sent: 5/3/2007 1:06:17 PM Comments: Please don't eliminate the progranuner position at Moccasin Lake Park. Keep this position. The park serves many children;this position is vital to the operation of its education programs. Is it City of Clearwater's goal to keep removing staff and programs from the park so that eventually it can claim that the park is unnecessary and expensive to maintain and the voters/citizens will lose a valuable educational and natural resource. Sender Etnai1: bluemoon@mm.pabay.rr.com Mailing Address: Phone: 727-515-9545 1 Wills, Anne From: Sent: To: Subject: Phillips, Sue on behalf of Manni, Diane Thursday, May 03, 2007 1 :42 PM Wills, Anne FW: Moccasin Lake Nature Park position Depending on what they decide to do in the Clerk's office (and I'm sure they will agree with us) will you please make a set for Bill as well so we can put in that clipping folder. Tks. -----Original Message----- From: Internee CommencCard [mailto:lntemeCCommene Card] Sent: Thursday, May 03, 2007 11 :21 AM To: Manni, Diane Subject: Moccasin Lake Nature Park position Sender's Name: Date sent: 5/3/2007 11:21:21 AM Comments: Please do NOT elimIDate that position. It is critical to education and the great work that this park now does in advocacy for the environment. Lorraine Margeson Sender Email: Mailing Address: Phone: 1 I. Glacier Page 1 0119 Wills, Anne From: Phillips, Sue Sent: Thursday, May 03, 2007 11 :04 AM To: Wills, Anne Subject: FW: Property Tax Clips: April 30, 2007 - Monday This would get printed and go in the Budget article folder too please. Thanks. -d--Original Message--.-- From: Goudeau, Cyndie Sent: Monday, April 30, 2007 9: 59 AM To: City Council; Senior Executive Team Cc: Call, Rosemarie Subject: FW: Property Tax Clips: April 30, 2007 - Monday -----Original Message----- From: Estella Gray [mailto:EGray@f1cities.com] Sent: Monday, April 30, 2007 9:40 AM To: LEGISLATIVE (TAL) Subject: Property Tax Clips: April 30, 2007 - Monday Property Tax Clips: April 30, 2007 - Monday (Note: All weekend stories are captured and compiled with Monday's clips to prevent multiple email messages being sent on the same day.) Competing plans for tax cuts may doom passage of any cuts Miami Herald BY MARY ELLEN KLAS AND MARC CAPUTO April 28, 2007 - The lawmaking session where property-tax cuts have been the No. 1 priority could end next week with no property-tax cut at all. After a week of fruitless talks, House Speaker Marco Rubio and Senate Democratic Leader Steve Geller said Friday that legislators may have to head home and gear up for a special legislative session to deal with the issue because they can't agree right now. "We're going to get it done right," Rubio, a West Miami Republican, said on a Miami HeraldlWLRN radio show Friday on which he appeared with Geller. He said he's so serious about his plan that he is willing to let the session end without agreement and return later in May to deal with it. Such a move would have political risk, as lawmakers would face an angry, heavily taxed public when they go home after the regular session ends Friday. But Rubio said he's willing to take that risk. "We're not going to do a Tallahassee special, which is pass something that's called reform and doesn't do anything for anybody," he said. 5/3/2007 Glacier Page 2 or 19 Earlier this month, Rubio said leaving Tallahassee without a "meaningful" cut would be a "failure." The speaker said he is even considering a citizens' petition drive to get deeper tax cuts - and bypass the very Legislature he helps control. For months, the speaker has campaigned to slash local government budgets and eliminate most homeowner property taxes in favor of raising sales taxes. A RISKY PERSPECTIVE Senators see that plan as too risky. So does Gov. Charlie Crist, who said Friday he believes an agreement will be reached. The Senate and governor are concerned that Rubio's proposed cuts could be too deep and that relying on a sales-tax increase could hurt business and an already-slowing state economy. Rubio's radio comments Friday were far more measured in tone and substance than ones he made Wednesday night on a Spanish-language radio show in Miami. There, he expressed displeasure with Crist and suggested the tax plans proposed by the governor and the Senate offered meager savings. Adding to Rubio's frustrations is the fact that the House and Senate can't agree on a bottom line for tax savings and that they see and talk about the property-tax problem thro~gh entirely different lenses: * The GOP-controlled Senate and Republican governor say their plans are aimed at eliminating the "spikes" in property taxes that local governments collected during the real estate boom years, starting in 2003. But Rubio wants tax rates rolled back to a base year of 2001. * The Senate wants to limit tax cuts to protect local governments. The House brushes off any concem over local government services and pushes for steeper cuts to benefit taxpayers. Both sides say property tax collections need to be rolled back and capped, but they disagree over how to get there. The House wants voters to have the option of being able to decide whether to replace all taxes that pay for schools with a one-cent increase in the statewide sales tax, while giving counties the option of eliminating all homesteaded property taxes and replacing them with another 1.5 cent local sales-tax hike. The Senate and governor have rejected all talk of a tax increase and instead want a targeted approach that allows homeowners to take their accumulated property-tax savings with them when they move, gives first-time home buyers a tax break and caps government spending into the future. BILLIONS IN SAVINGS The projected five-year property-tax savings for the three plans: $15 billion for the Senate's; $33.5 billion for the governor's; $85 billion for the House's. In its first year, the House plan would cut about half of all property-tax revenues collected across the state. Geller told radio listeners that the two issues setting the House and Senate apart are: "Will we have the largest sales tax increase in the history of the state of Florida? And the Senate has said no to that. And the other is, are we prepared to basically eliminate all local government services? And again the answer is no." The differences are so deep, he said, that legislators will be forced into special session. "I don't think it can be done in a week," he said. Rubio opened the show saying he was open to any method to achieve tax relief but repeatedly insisted 5/3/2007 Glacier Page 30119 that voters have the opportunity to vote on restructuring the state's tax base. "Let's put it on the ballot. If people want it, they can vote for it. If they don't want it, they can vote against it," he said. He added that voters had the chance to change the state Constitution to ban the crating of pregnant pigs. "Shouldn't they have the right to vote on what kind of tax structure we have in this state?" When Geller described the tax swap as a tax increase, Rubio snapped: "That is false. We're implementing absolutely nothing. Voters would have to approve that." Rubio's words, spoken from an office on the Capitol's ninth floor, rippled through the legislature and lobbying corps. For the first time, many thought he might not be bluffing in the stare-down. Publicly, his counterpart, Senate President Ken Pruitt, said he is "full of optimism" and dismissed any suggestions that the session may end without an accord, or that the talks are on the brink of collapse. "I'm not feeling brink. I'm feeling great," he said. "There is no ledge. We're on the leading edge, not the bleeding edge." But Pruitt also went to lengths to signal that even if Rubio doesn't get everything he wants, he'll have a soft landing: "As I've always said, Marco Rubio will go down in history as the man who did tax reform in the state of Florida." MESSAGE IN THE MUSIC As for Rubio's tough talk about leaving without a plan that goes his way, Pruitt said he wouldn't comment because that isn't what Rubio had told him. If Rubio's public statements vary from his private ones, Pruitt said, "that's OK. He's a passionate man." And one who knows how to send a message: On Friday evening, when the House broke, Rubio had a Lenny Kravitz song pumped through the chamber's speaker system: Are You Gonna Go My Way? Lawmakers brace for final approach of 2007 session Property tax, other differences loom By Michael Peltier April 29, 2007 TALLAHASSEE - Lawmakers appear poised to conclude their work this week despite dramatic differences in approaches to reforming Florida property tax structure. With only five days left in the 2007 legislative session, leaders in both chambers have mapped out plans to bring the Legislature in for a landing. Here's what's up. Property taxes The dominant issue of the session will likely be the final piece resolved. House and Senate negotiators remain miles apart on how to provide relief to Florida property owners. The widest chasm is over sales tax. The House wants to add up to 2.5 cents to the state's sales tax in exchange for eliminating property taxes for all homesteaders. Its plan would reduce property taxes by nearly $50 billion over five years but has drawn fire from local governments that say such cuts would cripple their ability to provide needed services. 5/3/2007 Glacier Page 4 or 19 The Senate's not buying the sales tax hike and has proposed more modest reductions of about $15 billion, a level House Speaker Marco Rubio has said is insufficient because it does not provide property owners with meaningful relief. Last week, Gov. Charlie Crist weighed in with a plan of his own that would result in $34 billion in tax savings over five years. Crist's plan does not include a sales tax hike. Budget Lawmakers over the weekend closed out the vast majority of differences over how to spend more than $70 billion in taxpayers' money. As of Sunday, negotiators had signed off on all but a few issues, leaving those to Rubio and Senate President Ken Pruitt. At issue is nearly $1 billion in construction projects earmarked by the Senate for schools and roads. Without a guaranteed sales tax hike, Rubio has said lawmakers should put more money in reserve. It's a position Pruitt may be able to accept as his chamber has little or no appetite for raising the existing 6 cent state sales tax. Elections A number of issues remain unresolved as Florida officials try to enhance the state's profile in the upcoming 2008 presidential race. Measures remain to move up Florida's presidential primary to early February or late January. Also included in the package are measures allowing shopping mall owners, supermarkets and other retailers to selectively bar petition gatherers from their property. Sparked by a lawsuit filed by Publix Super Markets Inc., measures would give shop owners the right to turn away any petition gatherer they choose. Business groups are pushing the measures, which are opposed by such groups as the League of Women Voters and Common Cause. Both groups say the rule would give business interests too much power over what gets on the ballot. Property insurance Lawmakers in January passed what most thought were sweeping changes to the state's property insurance market. Since that time, however, insurers have responded with less than expected cuts in premiums. In response, Crist ramped up the rhetoric last week and called for tweaks in recently enacted reforms and blasted the insurance industry for again trying to undermine the state's reform effort. He also is fighting back against industry-led efforts to rein in Citizens Property Insurance Corp. Charlotte Herald 04/30/07 Governor's tax reform plan in compromise spotlight TALLAHASSEE - With the 2007 Legislature set to adjourn Friday evening, the deadline pressure is on to. deliver a workable package of property tax reforms. 5/3/2007 Glacier Page 5 of 19 There's a goo'd chance that the bill that finally passes will have to be negotiated between House Speaker Marco Rubio, Senate President Ken Pruitt and Gov. Charlie Crist. Whatever plan passes will likely mean that Charlotte County will lose relatively more revenue compared with other Southwest Florida counties. This may be because Charlotte experienced a particularly stron g run-up of property values caused by a scarcity of buildings following Hurricane Charley, followed by a burst of construction activity. Charlotte's real estate assessments for fiscal 2006-2007 total just under $24 billion. The decade started with assessments around $8 billion and rising about $1 billion a year. Then came the great storm, which did a lot more than knock down buildings, trees and power lines. The hurricane created a tax windfall, which now may be about to go away forever, delivering a heavy blow to the fiscal stability of Charlotte County. Crist has had a tax relief plan on the table since early in the session, but hasn't been particularly aggressive promoting it - at least publicly - until last week. The governor's plan splits the difference between the House and Senate plans, and therefore may emerge as a compromise position acceptable to all. For now, tax reform is in the hands of the conferer.tce chairmen, Rep. Dean Cannon, R-Winter Park, and Sen. Mike Haridopolos, R-Melbourne. But if they don't reach an agreement, tax reform will be up to the state's top leadership. The foundation of all the tax relief plans is some type of mandatory rollback to some year before the boom real estate market sent assessments into the stratosphere and created windfall revenues for local governments. CriSt's plan would begin with requiring local governments to roll their ad valorem rates back to 2002-2003 levels. The House's target is the 2000-2001 fiscal year, when property values began to climb rapidly, with property assessments following suit. The Senate plan only calls for a rollback to 2005-2006 levels. Charlotte County faces an unusual situation among the 37 counties judged fiscally healthy enough to provide tax relief. Charlotte was experiencing some inflation in property values prior to Hurricane Charley's visit on Aug. 13, 2004. But the disaster caused assessments to explode. because relatively few houses were available for sale. And those that were damaged by the storm grew in value because they were generally repaired to a higher building code standard. The county last week provided its forecasts of the impact of various tax relief plans to Rep. Mike Grant, R-Port Charlotte. Real ad valorem revenue for fiscal 2006-2007, which ends July 1, is supposed to be $156.1 million, a remarkable jump from $116.8 million in 2005-2006, and $85.5 million in 2004.2005. But the real benchmark year may be 2001-2002, when Charlotte was collecting just $54.5 million in property taxes. One statistic much quoted since the House announced its first tax reform proposal in February is that personal income in Florida has gone up 40 percent since 2000, while tax collections by local governments have gone up by 99 percent. The plan announced by Crist last week repeated these figures, also noting that a "responsible growth" level for local governments over the same period would have been in the neighborhood of 52 percent, to reflect both inflation and population increases. Looking forward, the slow residential real estate market virtually guarantees that Charlotte County assessments won't rise enough to create another $30 million leap in taxes, such as happened over the last two years. Even without a rollback, Charlotte County's 2007-2008 ad valorem revenues are forecast at $166.4 million, with 2008-2009 predicted at $177.4 million. The governor's 2003-2004 rollback would cut next year's ad valorem revenue to $78.3 million instead of $166.4 million. In 2008-2009, the county would be able to collect $82.1 million, as future revenues would 5/3/2007 Glacier Page 6 of-19 be tied to inflation plus population growth. By comparison, the House's 2000-2001 rollback delivers more relief, but perhaps not as much as mighi be expected given the fact that three fiscal years separate it from Crist's plan. Here's the numbers: Next year's county ad valorem revenue would be $67.3 million, against $166.2 million if no action is taken. With caps going into place, $70.6 million in ad valorem revenue would be forecast for 2008-2009. No comparative figures for Sarasota, Lee or Collier counties were available for the governor's plan. However, House figures released earlier in the session show that the impact on these three counties will be much less, possibly because their increase in property values began earlier and wasn't as sudden an event as Charlotte's reconstruction following Hurricane Charley. By BOB FLISS Daytona Beach News-Joumal April 30, 2007 Tax stalemate Caught between the bad and the ugly As the clock ticked down Friday on Florida's annual legislative session, a deal on property-tax reform seemed nearly out of reach. Despite all the hullabaloo over the issue, that's not such a bad thing. Gov. Charlie Crist, the House and the Senate all back different plans. The clear loser is the House proposal, which proposes draconian sales-tax increases in return for property-tax cuts that would beggar local governments' ability to pay for crucial services like law enforcement and fire protection. The Senate plan is more reasonable (though still flawed) and Crist offered a deal that would essentially split the difference. Certainly, Floridians need relief. But the problem doesn't begin or end with local property taxes. Insurance rates and cancellations are hitting many homeowners far harder than tax increases. Even where taxes have gone up, there's little evidence that local governments are spending extravagantly. As divided as they are, lawmakers seem united in ignoring the consequences of their own bad behavior: They've consistently shifted costs once borne by the state down to counties, cities and local School-taxing districts. Negotiations grew so tense last week that House and Senate negotiators walked out. Presumably, they mean to try again this week. Hopefully, they'll start by agreeing to deal with reality. They should acknowledge that Florida's tax structure is fundamentally unfair. The voter-approved Save Our Homes amendment artificially suppresses taxable values on some homes, while hitting nearly identical houses with tax bills that are double or triple their neighbors'. Making the exemption "portable" would only perpetuate the injustice, and shift more of the burden onto first-time homebuyers and business properties. The Senate plan includes more tweaks intended to balance that inequity, including a $25,000 exemption for businesses and additional exemptions for people who buy their first home. It makes more sense to value every property at its worth. Still, the Senate legislation looks comparatively sane next to the House's irrational position. The sales-tax swap is a bare-faced shift of tax burden onto the shoulders of low-income Floridians, and an even more 5/3/2007 Glacier Page 7 of' 19 blatant picking of city and county government pockets. (House leaders claim they plan to redistribute the money to local governments, but lawmakers also promised several years ago to stop hitting local governments with unfunded mandates, a pledge broken almost immediately.) All told, the House measure would carve as much as $47 billion from local governments' coffers. It's money most can't aff()rd to lose and still keep providing services demanded by city and county residents. The best course of action for Floridians is none at all. The constitutionally mandated Taxation and Budget Reform Commission starts a comprehensive review of all taxes this year. There's no reason for the Legislature to push bad legislation forward, and plenty of reasons to step back and cool off. Tax cut debate in final days Crist hopes to find middle ground so legislation can pass by Friday FLORIDA TODAY April 30. 2007 TALLAHASSEE - Long hours and compromises await and one big question hangs over the last week of Florida's 2007 regular session of the Legislature. The signature issue of the 60-day session appeared poised to fly off the tracks after a week of gridlock when Gov. Charlie Crist weighed in with pleas to "do the doable" on property tax cuts. "We want to get something done by next Friday," Senate Finance and Tax Chairman Mike Haridopolos said. "If we can't, maybe we'll get a second bite of the apple." The House still is standing behind a massive, $40 billion-plus target while the Senate is insisting on half that. Crist's plan cuts down the middle, offering $33.5 billion in savings during five years. Crist has pushed lawmakers to find a comfortable middle ground they can pass by Friday. So far, that bridge hasn't materialized. "You know an awful lot can get done in a week," Senate President Ken Pruitt said late Friday. "Until Speaker Rubio calls me and looks me in the eye and says game over, we're done, then we're going to confidently move forward." Concluding on Friday, House Speaker Marco Rubio advised his members to prepare for the slog ahead. "We'll start on Monday at 2 p.m. Throughout the week we're going to work it hard," Rubio said. "Rest up this weekend, reconnect with the people who sent you here. The landing gear comes down on Monday. We feel good about where we're at." Budget negotiators, who were set to work through the weekend, declared rosy expectations on coming to an agreement on a $70 billion-plus plan that's about $1 billion less than expected. House budget chief Ray Sansom said: "We fully anticipate we'll get everything finished by Sunday. We'll get a budget on your desk by Tuesday." Here are some of the other issues the Legislature will take up in the last week: Budget 5/3/2007 Glacier Page 8 of 19 State budget compromises hashed out over the weekend won't be ready for lawmakers to vote on untiJ mid-week. Florida's $70 billion-plus budget is the only bill the Legislature is required to pass. Flat tax revenues mean fierce battles to keep social services like care for the disabled fully afloat while approving hometown earmarks and sales tax holidays. Energy, environment Florida's $83 million effort to fight global warming and promote alternative fuels was losing steam. The House voted 116-0 last week to send the package to the Senate where squabbles between two powerful chairmen have stalled the effort. Environmentalists were ecstatic that budget negotiators are close to an agreement on spending up to $200 million for Everglades restoration and to clean up Lake Okeechobee and the Caloosahatchee and St. Lucie rivers. Insurance The tug of war between Crist and Florida's property insurance industry continues. The governor has not given up efforts to make state-run Citizens Property Insurance more competitive with a private market. The Senate is forging ahead on CFO Alex Sink's request for a state consumer advocate capable of taking bad insurance companies to court. Legislators enter session's final stretch without resolving many crucial issues By Linda Kleindienst Tallahassee Bureau Chief South Florida Sun-Sentinel April 30 2007 TALLAHASSEE. Florida legislators today head into the final stretch of their 60-day session, with most of the year's major issues - from tax relief to state spending - still hanging in the balance. While they scramble to reach agreement on how to lower Floridians' property taxes before midnight Friday's scheduled adjournment, legislative leaders will also be busy putting the final touches on a $70 billion-plus state budget, considering a statewide expansion of gambling and deciding whether property insurance rates can be pushed lower by making Citizens Property Insurance Corp. more competitive. As of Friday night, only 68 of the 2,532 proposed bills, resolutions and constitutional amendments filed by legislators this year have passed both chambers and been sent to the governor. Some blame it on the House, Senate and Gov. Charlie Crist being at loggerheads over how to lower property taxes for homeowners, businesses and renters. "It seems like property tax is really the only dynamic," said Ken Plante, a lobbyist and former state senator. "Until it gets settled, we're just waiting." But Crist, himself a former senator well acquainted with the Legislature's propensity for 11 th-hour deal- making, remains hopeful the Legislature can strike a series of deals and finish without having to go into a special session. "There are a lot of important things out there," conceded Crist, who is experiencing his first session as the 5/3/2007 Glacier Page 9 of 19 state's chief executive. But, he added, "I think we have plenty of time to do good things and I'm still optimistic." Can the work be completed in just five days? Very likely, said Senate Rules Chairman Jim King, R-Jacksonville, a former state Senate president who observed, "A week in the Florida legislature is a lifetime." Besides property tax relief, here are some of the issues yet to be resolved: Budget: The chambers remain about $500 million apart, with the House seeking to sock the money away in savings and the Senate wanting to spend it on public works projects to create new jobs. A weekend ;agreement uses $35 million to turn car pOOl lanes into toll roads from 1-595 in Broward through northern Miami-Dade County. Property insurance: Crist wants to make it easier for homeowners to get insurance from Citizens, the state-backed insurance company that is the last resort for those who can't get private insurance, creating competition to force down rates charged by private insurers. Gambling: Relaxing state regulation of Broward's four casinos, letting them have more machines and operate longer hours, has been passed by the Senate and is awaiting House action. A Senate bill to expand gaming by letting all pari-mutuels in Florida operate video lottery, possibly raising up to $2 billion for schools, could get a House hearing. Elections: Final agreement has not yet been reached on a $28 million plan to help 15 counties, including Broward and Palm Beach, that now use touch-screen voting switch to machines that provide a paper trail. Property tax deal eludes legislators GOP infighting could result in additional session South Florida Sun-Sentinel By Mark Hollis Tallahassee Bureau April 30 2007 TALLAHASSEE. Keeping taxes low is an article of faith for Republicans. But moderate and conservative Republicans in the Legislature are locked in an internecine quarrel over how much to cut property taxes, and who wins will make a difference to Floridians. If House members bent on continuing the tax-chopping legacy of former Gov. Jeb Bush prevail, the wealthy with hefty investments in real estate will reap the bulk of the savings. If the centrists who dominate the Senate get their way, the tax relief will be spread more evenly, with less pain to local government budgets. Gov. Charlie Crist, a moderate Republican, is trying to bridge the gap. But with the nine-week legislative session now in its final week without agreement, the odds are increasing that the schism among Florida Republicans could require another legislative session to mend. Republican leaders remain hopeful they can still strike a deal. And they distance themselves from talk by Democrats that the dispute has revealed growing pains in the state Republican Party. House Speaker Marco Rubio, R-West Miami, down plays the idea of Republican infighting. "The Senate has taken a different approach than we have," he said. "We just have to determine where we want to go. How much do we want people to save." But Democrats say the battle shows how Crist's attempts to moderate the message of Republicans in state government is hampered by the goals of Rubio, who wants to do nothing less than revolutionize the 5/3/2007 Glacier Page 10 0119 state's tax structure. Rubio seeks changes that would call on voters to increase the state sales tax in exchange for eliminating all property taxes. And if legislators don't go along with that swap, he at least wants deep property tax cuts that go far beyond what's touted by Crist and senators. Crist has attempted to hone a centrist message for Republicans by focusing on concerns shared by people in both parties and all comers of the Republican Party, such as cutting insurance rates and eas ing property tax burdens. And he has been emphatic that he is not attempting to prove his party needs radical change. Rather, Crist has said he hopes his party will reflect its roots from an era long before Bush became governor. "[It should reflect] the roots of Abraham Lincoln, and the roots of leaders like Teddy Roosevelt," Crist said in an interview before the current legislative session. "It's a return to the roots of the Republican Party that you're seeing reemerge in, perhaps, myself and other Republican governors." But besides an emergence of Crist-style politics, seasoned political observers say the current tax squabble also is the latest chapter in the long-running saga of a more ideologically driven and conservative House doing battle with a more pragmatic Senate. Still, Democratic leaders are eager to cast the current legislative stalemate on taxes as an emotional, Republican split that has been evolving for years. Steven Geller, the Senate Democratic leader from Cooper City who has served in the Legislature since before Bush became govemor in 1999. said he perceives a "lingering nostalgia" among Rubio and other House conservatives for Bush-era scale tax cuts. The current result, in Geller's view: "some of the Jeb supporters clashing with some of the Crist supporters." . House Democratic Leader Dan Gelber, of Miami Beach, goes further and blames Bush-era tax cuts for shifting the burden of paying state-funded services onto the backs of local governments, which, in turn, helped increase their appetite for property taxes. "There's no question that much of the tax crisis is because of the increase in the burden on' homeowners that were passed down from the state to local govemments," Gelber said. "Gov. Bush tapped into that revenue stream of local property owners, with education dollars, as irresponsibly as local officials have. .., That's really a great reason why we're in this mess right now." Republicans in the House and Senate don't share the Democrats' assessment. Sen. Don Gaetz, R-Niceville, is a former Okaloosa County School Board member who dismisses claims the state's actions pressured school districts, or any other local governments, to increase their budgets. "There hasn't been a shoveling of tax burdens downhill without also the opportunity to pay for services," Gaetz said. "Local govemments had a tax revenue windfall driven by the upsurge in the economy. Now the economy has leveled and settled and local government has remained in the habit of getting significant revenue windfalls every single year." Republicans in the House and Senate, though, are engaged in a rhetorical fight with one another over the effects of severe tax slashing, which highlights the differences between conservatives and moderates. Cutting taxes is a lawmaker's duty, said one leading Republican senator, Jim King of Jacksonville, who presided over the Senate when Crist was a member. "It takes money for government to run," said King, distancing himself from the House Republican stance on taxes. "We [senators] don't want to neuter local governments to the point where they are forced into failure." But Rubio says such foes of steep property tax cuts are exaggerating the effects. "This stuff about, oh, we're going to cut fire and police, that's like me going to my wife and saying, . Look, they cut my pay,' and she says, 'OK, the first thing we're going to get rid of is baby formula, diapers and we're not going to buy groceries this month, '" the West Miami Republican said during a radio appearance Friday. "Come on, no one buys that." 5/3/2007 Glacier Page 11 o:f 19 Senators and representatives have until midnight Friday to cut a deal, and some experienced observers of the Tallahassee scene bet they'll be able to do so. As Brian Ballard, a Republican and lobbyist with ties to Crist, said: The Republican-led Legislature is "e conservative wonderland when you talk about tax cuts" and the likely outcome, regardless of which sid e wins, will either be "a lot of tax cuts" or "really a lot of tax cuts." Governments in Lee hiring fewer people Fort Myers NewsePress By Don Ruane April 30, 2007 Legislative discussions about property tax relief have put local government in a wait-and-see mode, slowing or freezing hiring and leaving multiple positions open - including fire and police personnel. Approval of any form of tax relief will cost Lee County cities millions in revenue, forcing them to re- examine spending. Fort Myers Fort Myers city Finance Director Jeff Green said the current Senate plan would trim $8 million and Crist's plan $12 million from the $80 million city budget. "We continue to look at it. The budget proposals are all over the place," Green said. "Anyone of these will require us to look very hard at cutting many things out of our budget and we have started that process. " The cuts would be "very substantial cuts in any case, and as the finance director, I am very concerned because over half our budget is for public safety and another 15 percent is for debt payment that can't be cut. So it is a very serious situation." Cape Coral Cape Coral officials are curtailing their hiring for open positions, citing the unstable property tax situation as the reason for the slowdown. . There isn't a hiring freeze, but no new positions will be filled unless the hiring can be justified, City Manager Terry Stewart told City Council on April 23. The city has about 200 open jobs in a work force approaching 2,000 people. Two things about the property tax situation concern the city as it prepares its budget for 2008. One is the debate over property tax relief in the state Legislature. "I don't think anybody knows where it is going to wind up," Stewart said. The city estimates it could lose as much as $71 million in income from property taxes if there is a rollback. The estimate is based on proposals passed by the Florida House and assumes property values will stay the same. It also assumes there will be about $600 million in new construction. The second is the anticipated drop in the taxable value of property in the city. It's premature to freeze hiring, but it has been slowed until the preliminary values are released June 1, Stewart said. 5/3/2007 Glacier Page 12 of 19 He has made it tougher to fill new positions. Both situations make it hard to tell just how much property tax the city will have to work with in 2008. Sixty-three percent of the city's money to pay for general government services and operations comes from property taxes. "It's easy to hire people, but very difficult to fire people because funds are not available," Cape Coral Mayor Eric Feichthaler said. Balancing the budget will be harder if there is a substantial drop in property taxes, he said. Public safety positions should be exempt from any freeze, Councilman Tim Day said. "We can't measure their work in dollars. We've done so good trying to bring up those departments," Day said. Lee County Lee County has a work force of about 2,800 people and about 250 open positions, said Dinah Lewis, administrative services director. "We are recruiting for a number of them," Lewis said. "We are not doing anything different based on what might come out of the Legislature. We just don't know," Lewis said. Preliminary property value estimates are due June 1 from Lee County Property Appraiser Ken Wilkinson's office. The numbers give budget planners an idea of how much property tax money they'll have to work with next year. County commission and staff are scheduled to discuss the budget after those preliminary numbers are released, Lewis said. There will be time to make adjustments if necessary. The county's budget won't be approved until September, after two public hearings are held, Lewis said. There are many open positions in all county government departments. But if there is a hot spot this year, it most likely involves jobs associated with the building industry. County officials cut back the Department of Community Development staff in February because of the slowdown in construction. Lee County left 22 openings vacant in a department with about 50 building inspectors and 15 permitting and plan review employees. Most were positions approved by the commission in the past two years in response to the building boom. The county issued a record 10,471 building permits for houses in 2005 but only 7,449 in 2006. Bonita Springs Bonita Springs has never relied on a large staff to run the city. The city has always operated with a minimal number of employees, hiring outside firms for consulting and projects, a philosophy known as "govemment lite." Still, City Manager Gary Price said decisions made in Tallahassee could affect Bonita's budget. 5/3/2007 Glacier Page 13 of 19 The city recently hired five new employees, including two to head the parks and recreation and code enforcement departments, and will have one opening due to a promotion. "Many of my positions, I only have one person doing it. It's not as if I have a dozen people, if you don't fill a position, you can spread it out. "But many of my people are sole practitioners and are running as hard as they can," Price said. Salaries are part of the city's personal service fund, a $4.39 million account that makes up 23 percent of the city's general fund. Although Bonita will likely hire a new code enforcement employee soon, Price said the city would re- evaluate other expenses, such as existing programs and the need for new ones. "We're watching it very carefully. Of course, nobody knows," Price said of the Legislature. Crist, Rubio split on taxes The showdown over property tax cuts is creating a leadership clash between Gov. Charlie Crist and House Speaker Marco Rubio. BY MARY ELLEN KLAS AND MARC CAPUTO For Gov. Charlie Crist, the legislative deadlock over property taxes presents a perfect chance for the state's salesman-in-chief to do what he does best: campaign. The media-savvy governor seized the spotlight with a series of hastily called town hall meetings, repeated his vow to have property taxes "drop like a rock," and dominated headlines for three days when he rolled out his own tax plan last week that attempted to bridge the difference between the aggressive House and more modest Senate plans. But the once-unstoppable force of the governor's charm offensive is colliding with House Speaker Marco Rubio's immovable call for massive tax decreases. It's a clash of style and substance: an ever-popular governor vs. an alluringly popular plan to swap sales taxes for property taxes. Starting today. something or someone will have to start giving, otherwise the clock could run out Friday on the 60-day lawmaking session without a property-tax cut at all. While that appears unlikely, strange possibilities are cropping up, including: * Dueling voter drives between two Republican leaders. Rubio, of West Miami, has already spoken of the need to bypass the very Legislature he controls by asking citizens to gather signatures and then vote on his plan to eliminate virtually all homeowner property taxes in favor of raising the sales tax. Crist, who has shied away from the controversial idea, wants to double the homestead exemption and allow people to transfer homeowner tax savings to new homes. If Rubio backs'a citizen initiative, Crist is likely to do the same with a plan of his own. * Expanding gambling. At one time the idea of allowing more gambling in the state was dismissed by the GOP-controlled Legislature. But the siren call of at least $1 billion raised by allowing parimutuels to offer Class Two slots machines is so promising, it could get a hearing as early as today in the once anti- gambling House. * A special session devoted to property taxes later in May. Though leaders vowed to cut property taxes in the current session, Rubio has said he is willing to let the session end without agreement if the tax cut is 5/3/2007 Glacier Page 14 of 19 not as deep as he believes it needs to be. He said he's in no rush, and can face property owners. ManY' people -- including a man Crist showcased at a Thursday press conference - are concerned they have n't seen the large rate decreases after the Crist-led January overhaul of the insurance market. "Nothing makes people lose confidence in government more than when we come back and claim we di d something for them but they don't sense it, they don't feel it," Rubio said Saturday just after a cordial visit from Crist in the speaker's office to watch the NFL Draft. Crist has built-in advantages for advancing his plan, which like Rubio's and the Senate's call for tax-rate rollbacks and future caps. The governor has repeatedly run statewide for office, has a 75 percent job- approval rating in some polls, and is skilled at using the bully pulpit and media power that come with it. BUSH ADVISORS Rubio, 35, has dominated the tax-cutting agenda since February. He has promoted his plan through the power that comes with the speaker's office, as well as through advisors to former Gov. Jeb Bush, GOP- backed websites and Miami's Spanish-language radio and television. A day after the governor stepped-up his involvement, Rubio went on Radio Mambi Wednesday night to express his displeasure with the governor's proposal. Rubio admits that expectations are high, but he didn't oversell them. His plan aims for average savings to the following taxpayers: $1,200 for homesteads, $3,300 for commercial property and $750 for rental owners. "I don't think those are my expectations. Those are the expectations people had," he said. Senators, though, say tax cuts that deep would cripple local govemments and overly burden the state's sales-tax system. Expectations are especially high in South Florida, where real estate agents, mortgage lenders and builders see property tax relief as the balm that will heal the hurting housing market. The president of the Latin Builders Association, Ovi Vento, wrote Crist on Wednesday that he deeply regretted the governor's opposition to the House plan. 'What happened to your position of 'drop like a rock?' "Vento asked. "We feel your newfound position floats like a buoy." Crist has watched this coming. As Rubio commanded the high ground for weeks, the governor stayed out of the fray. Then, last week, when it appeared legislators would begin negotiating, he told top lawmakers: "I'm getting involved." The governor's style more than once knocked Rubio off message. At a TueSday rally of the Florida Homebuilders Association outside the Capitol, Crist addressed the crowd and was followed a short time later by Rubio. As Rubio launched into the heart of his speech about "the most important issue that this state has faced in a long time," Crist returned on stage - and interrupted him. "I just want you to know, (love this man," Crist said, giving the House speaker a friendly pat on the back. Rubio smiled. The normally voluble Rubio had, for a split second, lost his place. $200 SAVINGS Rubio doesn't criticize Crist's plan. He just describes its savings as inadequate, though less so than the Senate's. The governor's proposal to double the homestead exemption, for example, would save the average homeowner $200 a year. Crist praises Rubio's smarts and big-ideas promotions. So has Senate President Ken Pruitt, who's key to 5/3/2007 Glacier Page 15 of 19 getting a tax package passed and has avoided the most heat by saying the least. Crist says Rubio's frustration wasn't a big deal. "Things got a little tense. It happens in this process," he said. He is also optimistic that they'll finish this week. And Rubio is ever-defiant. "It's not an athletic competition," he said, after Crist left his office Saturday. "This is not who wins or loses. This is about results." Miami Herald staff writer Yudy Pineiro contributed to this report. The highest combined state and local sales tax rate in Florida is 7.5 percent. However, when Floridians purchase taxable communications services. such as cell phone service, they pay an average tax rate of more than 15 percent. Florida has one of the highest tax rates on communications services in the nation and that rate is much higher than the sales tax rate on other retail purchases in Florida. According to legislative testimony, Florida has the third-highest tax rate in the nation on wireless phone service and the seventh-highest tax rate on landline phone services. These are the highest rates in the Southeast and more than double those in neighboring states such as Georgia and Alabama. These facts raise questions about the fairness of the tax rate, its effect on the competitiveness of Florida business and the attractiveness of Florida's economic climate. There is considerable support among this Legislature and the governor to reduce the Communications Services Tax this year. However, the tight budget year has led to reductions in the size of the proposed tax cut and is putting its adoption in question. Here is a comparison of Tax on Communications Services to most other purchases: State CST on communications services, 9.17 percent. State sales tax on other retail purchases, 6.0 percent. Average total state and local CST, 15.23 percent. Maximum state and local sales tax rate, 7.5 percent. The CST is levied on the sales of communications services, including telephone (land line and mobile), cable television and direct-to-home satellite television. Residential land line phone service is exempt, but all mobile phone service is taxable. There are two components of the state CST. There is a 6.8 percent state CST rate and a 2.37 percent gross receipts tax, for a total state rate of 9.17 percent. There is also a local option CST that maybe levied by cities or counties (on unincorporated areas). Currently, these local taxes range from 0.3 percent to 9.5 percent. The majority of local jurisdictions (60 percent) have rates between 5 percent and 6 percent. Satellite television, on which local taxes are federally prohibited, has a state CST rate of 10.8 percent. For distribution purposes, the main state CST is treated like the sales tax, meaning that over 90 percent goes to state general revenue, with the rest going to local governments and other purposes. The gross receipts tax goes to fund school construction. Legislation was introduced this session to cut the CST by 1.17 percent. Acknowledging the limited available revenue to balance the budget, the proposed tax cut has been reduced. The Florida House of Representatives has already passed a bill (HB 567) to decrease the CST by 0.25 percent, from 6.8 5/3/2007 Glacier Page 16 of 19 percent to 6.55 percent (satellite TV from 10.8 percent to 10.55 percent). This reduced the fiscal impact from $185 million to $42.7 million. This is the size of the tax reduction recommended by Gov. Charlie Crist earlier this year. In the Senate, SB 980 was amended in the Finance and Tax Committee earlier this week to reduce the tax cut only 0.1 percent. This reduces the impact to just over $10 million. The legislation only reduces the main state CST rate. It does not affect the gross receipts tax rate, so funding for school construction would not be affected. It also does not reduce local option taxes. This tax cut would benefit a wide range of Floridians, virtually all individuals and businesses. And many taxpayers consume more than one type of communications service. All cell phone users, business phones and cable and satellite televisions users would get tax relief. The 2007 Legislature is focusing on providing local tax relief through property tax reform. However, there is sentiment in both the Legislature and the Governor's Office to provide some state tax relief as well. Lawmakers would be hard pressed to find a more justifiable way to provide broad-based state tax relief_ There is no discernible public policy justification for what amounts to discriminatory taxes on Floridians' communications services. The average total tax rate paid on these services is more than the state and local safes tax rate that applies to most other retail purposes. Florida TaxWatch encourages the Legislature to find the money to pass a reduction in the state Communications Services Tax at least equal to the amount in the House bill (0.25 percent). We then encourage them to keep this issue alive so that truly meaningful relief can be provided in future years when the state budget outlook is more favorable. The tax rate on communications services should be more comparable to that levied on other most other purchases. Kurt Wenner is a senior research analyst for Florida TaxWatch, a Ta/lahassee-basednon-profit, non- partisan taxpayer research institute and government watchdog. AII..Night Rush To Cut Taxes Could Cripple Cities And Counties Tampabay Online (Tampa Tribune) Apr29,2007 The Legislature is entering its final week with its most contentious issue - property tax reform - still unresolved. And that's just fine by us. Lawmakers should call a time out and slow down. An impulsive tax-cutting measure could wreck the economy and cripple key local services, from law enforcement to road construction. Perhaps a modest rOllback is in order, but rather than rewrite the tax code during a string of all-nighters, legislators should give the Taxation and Budget Reform Commission a chance to study the inequities and recommend reforms. Remember, not everyone has been hurt by property tax increases, given the constitutional cap that limits annual increases in taxable property values at 3 percent. For homeowners in some counties, property taxes have actually gone down. A better approach would be to target tax reform on those hurting the most: small business and 5/3/2007 .. Glacier Page 17 of 19 commercial property owners, renters, people who own second homes and people who moved to Floridoa or into a new home before the housing bubble burst. Given Florida's skyrocketing insurance costs and the top-line taxes charged newcomers, we've developed a reputation as a high-cost, low-income state. And as a result, more people are leaving Florida than moving in. Our paradigm has changed and it's threatening our livelihoods. Case For Local Governments In Tallahassee, lawmakers believe cities and counties are rolling in money and should give some back. Indeed, many local governments, especially in growing counties like Hillsborough, have seen dramatic revenue increases in recent years. Local officials insist the money is spent on essential services, such as police and fire protection, parks and recreation, libraries and staffing. They're also building reserves for future emergencies. Mayors and county commissioners also decry the unfunded mandates that state lawmakers have sent their way, including an unfair shift in the funding of schools and courts. They note that Tallahassee hasn't curtailed its spending. Yet in anticipation of budget cuts, local governments are tightening their belts. Tampa Mayor Pam Iorio, for example, told department heads in a recent memo that they should cap next year's budget requests at this year's levels and prepare for cuts. "Proposals could mean losses in the $25-30 million range," she wrote. "Doubling the homestead exemption would have an additional $11 million impact. Obviously, there will be a significant loss of revenue." Lawmakers should consider whether a cap on spending would produce more equitable results. Local officials are best positioned to spend local tax dollars; let them make the tough choices. To a person, top political leaders in West Central Florida who met with us last week agreed that tax reform is needed, but they warn the drastic measures discussed in Tallahassee would cut essential services. And they're ready to tell voters who's to blame if the police department pulls back on patrols, emergency response times increase, swimming pools close early, parks go unbuilt and libraries close on weekends. Lawmakers could face a revolt unlike any they've ever seen. Local governments have seen this train barreling toward them for some time, yet except for modest millage reductions in some communities, they've failed to convince taxpayers that like the rest of us, they're doing more with less. Indeed, some have continued to award exceedingly generous pay raises and pension benefits while growing their number of employees. But it's fair to say that the state now has their complete attention. Legislative Proposals Both House and Senate proposals would roll back local government tax revenues, excluding schools, water and hospital districts. The House would roll back taxes to 2000-01 levels, saving taxpayers $5.9 billion this year. The Senate plan would trim back to 2005-06, for a more modest savings of $1.7 billion. Gov. Charlie Crist, trying to facilitate a compromise, called for a rollback to 2003-04 levels, saving taxpayers about $4 billion in 2007. S/'1I?007 Glacier Page 18 of 19 The rollbacks are negotiable and House and Senate conferees should be able to reach agreement by week's end. But other reform proposals - the doubling of the homestead exemption, tax portability and others - need more study. Off the table, fortunately, is House Speaker Marco Rubio's plan to eliminate property taxes on homesteaded properties and let counties replace lost revenues by raising the sales tax as much as 2.5 cents. Rubio should be commended for innovative thinking, but his plan included an impossibly complicated formula for distributing the sales tax revenue and would have required voters to pass a tax increase. Rubio needs to quit selling and start listening. A higher sales tax is not the answer to the property tax crisis this session and taking budget decisions away from local officials, who are closest to the voters, is not good government. On the positive side, negotiators appear ready to relax the requirement that property be appraised at the highest and best use possible. This policy has taxed mom-and-pop motels as though they were high-rise condos. The decisions of tax assessors have quietly dictated how our communities should develop, and that's flat wrong. The stakes are high in the reform debate. This is no time for showboating. As lawmakers rush to do something before the session ends, they should focus on taxpayers who are hurting the most and do nothing to hurt the state's economy. After a good night's sleep, we're sure they'll realize that such decisions are too important to rush. Why doesn't tax reform start in Tallahassee? Palm Beach Post Monday, April 30, 2007 Three property-tax reform proposals are competing in Tallahassee, and Gov. Crist has demanded that local property taxes "drop like a rock." But the proposals from the Senate, the House and the governor actually might land like a pebble. Missing from the proposals is any reduction in local taxes for schools, which make up the bulk of most tax bills. In fact, the Legislature is raising the one property tax it controls, the Required Local Effort for schools, as it has for years - $458 million for next year. That move has shifted more education spending from Tallahassee to local taxpayers. That's predictable from a Legislature that raids trust funds to finance tax cuts for wealthy Floridians and dumps unwanted expenses onto local govemment. With schools untouchable, what's left of the local burden is city and county taxes. The three proposals would not reduce a typical homeowner's bill enough to save someone on the verge of losing his home. The Senate plan, which has the smallest cut but - unlike the House - wouldn't shift the burden to the sales tax, would save a county taxpayer less than $100. All the plans, however. would achieve an ideological objective of some Republicans to cap how much local governments can spend. The approach is a response to rising home values, even as the housing slump gives signs of forcing values down. By tying increases to inflation, the cap would blur the distinction between household expenses and government spending, which is more affected by the rapid, post-hurricane rise in prices for concrete and steel. The resulting budget creep could chase the competent employees out of local government. '\/10007 Glacier Page 19 of 1 9 Listen to the tax-cutters themselves, defending past votes to increase taxes when they served on city or county boards. liThe environment (today) is very different" House Speaker Marco Rubio, R-West Miami, told The Post. That's the point. Circumstances change. The Legislature wants to remove local government's ability to change. Gov. Crist has proposed a middle-of-the-road solution that, like the others, fails to address the inequity between homesteaders protected by Save Our Homes and business owners, renters and snowbirds. Th e Legislature will deliver tax savings for the largest group - homesteaders - at the expense of the others. Tallahassee could make local property taxes drop something like a rock by taking back all the expenses it has shifted. The Taxation and Budget Reform probably will make this inconvenient point. That may explain why Tallahassee wants tax reform as long as it doesn't come at Tallahassee's expense. Estella V. Gray Public Affairs Florida League of Cities (850) 222-9684 www.f1cities.com Wills. Anne From: Sent: To: Subject: I nternet_ Com ment_ Card Thursday, May 03, 2007 2:22 PM Manni, Diane Moccasin Lake Nature Park Sender's Name: Ellen Thompson Date sent: 5/3/2007 2:22:41 PM Comments: Honorable Mayor and City Councilmembers of Clearwater, I am writing to you on behalf of the Suncoast Sierra Club to ask that the proposed cut of the "Programmer" position at Moccasin Lake Park be rescinded. This park and its educational agenda holds a special place in all of Pinellas County. The staff of Moccasin Lake have created an interactive program with birds and animals that is a delight for children and adults. I remember years ago when camping in a national park in Colorado, the ranger said the most requested experience of their visitors is to see wildlife. We all have a hunger to immerse ourselves in wild nature, but within our crowded county Moccasin Lake presents a close and affordable way to see some wild creatures. The staff also presents programs for school groups on a reguh.t basis, and these requite educated, dedicated personnel in order to be interesting. The grounds have to be maintained, the animals tended, and the personnel have to be of sufficient number to prevent overwork and burn out. Moccasin Lake also opens its meeting room for community and environmental groups, including the Suncaost Sierra Club, for only a minimal donation. We have been told that with further cutbacks we may no longer be able to use the space because of work overload on the remaining staff members. This would be a loss for many organizations, and not easily replaced. Thank you for considering our point of view. Yours respectfully, Ellen Thompson Conservation Chair Suncoast Sierra Club Sender Email: ellengthompson@yahoo.com Mailing Address: Phone: 727-896-3130 1 Wills, Anne From: Sent: To: Subject: Internet Comment Card Thursday, May 03,2007 2:28 PM Manni, Diane. Moccasin Lake Nature Park Sender's Name: Date sent: 5/3/2007 2:28:35 PM Comments: Dear City Council, Please do not cut the budget for Moccasin Lake Nature Park staff positions, environmental education, and other programs. This valuable resource needs even more financial support from the city, not less. You are in the position to make sure that nature, ecology, and energy issues have a place in which to be taught to all generations. Without adequate staff, Moccasin Lake will become just another open park, pleasant and beautiful, but not helping people to be better informed about our place in nature and our responsibilities to our natural world. Inadequate staff will mean no more live animal exhibits, and no more meetings for community groups in the building.Protect this treasure by supporting it and utilizing our tax dollars to increase what is offered there, not decrease it! Thank you, Maria Valentine, full-time Florida resident Sender Email: Mailing Address: Phone: 1 Wills. Anne From: , Sent: To: Subject: Internet Comment Card Wednesday, May 02, 2007 5:42 PM Manni, Diane Closing of Morningside Recreation Complex Sender's Name: Lynne and Ron Read Date sent: 5/2/2007 5:42:58 PM Comments: My family has lived in the MM community for 30 years and participated in all that the center has had to offer over that time. We have raised 6 children who learned to swim, play tennis and enjoyed the many craftdasses that have been offerred. Now we have grandchildren who visit often and continue to enjoy the park facilities. It is a wonderful part of our community and a large part of why we have enjoyed our home here for so many years. It is certainly a well-used and well maintained facility and would be missed by all who use it. Please reconsider the ramifications of closing Morningside Recreation. We love it! Sender Email: readbnch@tampabay.tt.com Mailing Address: Phone: 727/531-6062 1 SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:5/3/2007 Review Approval: 1) Clerk Cover Memo Item # 45 01;'/03 (Uf)7~ "- ..... ..... L ~... \ D ~ ~ ~ ~ ~ ~: ~ ( ~ ~ ~ it () ~, 't)) en , '-...:J ~- CX) r ~ ~~ p Upon each anniversary oJ the EHechve Date the annual Ucense fel;i! to be paid by licenSEl8 shall bEll ricmased 4 '%, above the previous annual te.e, EXTENSiON: LIcensee shall have the option to extend tile term of this LIcense upJo five additional years so long as Licensee has abided by the terms and conditions of tile License and is.. not in default hereunder, In the event Licensee desires to extend the term heroof, . . . . LiceilsEm shall give writlenNotice to Licensor of SllCh intention not less than one hundred twenty (120) days prior to termination of the current ter111 hereof, If timoly Notic.eis not provided to Licensor by Licensee as provjded herein, all rights and privileges grantE;d tlerein shaH terminate and extinguish at 12:00 o'clock midnight on the final day of the current Lerr1l. If) Ul~t eVi:lnlltc~nsee eXE::'fqises jt~oplion to extend the term hereof,. the annual feetht::refqre shall continue to beadjusledas l1ert1iltorore provided. USE AND MAINTENANCE:, Ucenseecovenants and agrees with Licensor that Licensee aJl not use the~icense Premises for any other purpose oHier than the non~exclusive ri.ght to arl, V llclasln .... nunc 10 'VI . or re eve n 0 the 0 Ie ay nn unSptQf;l Resort; ),Nhic:!"i .isown$1.'lnopera eby Licensee on property con 18u LIS e lce Pre,rnises;Lic;snseefurther. agrees that Licensee shari make no unlawful, fmprbper or offensive U$€ 'bfthe Licensee Premises, and shall always maintain the Uc.ense Premises En compliance with all applicable City of Cleanvatercodes; and shall quit and deliver up the $ilid premise? atthf}E3pd of the License term, or any extension therelo, In as goodcondHion as uponthElEffective Date hereof, ordinary wear and tear excepted, Licensee shaH make no improvements to the License Premises, or otherwise en9umber Licenseel~ 'interest 1n the Ucens:~ Prerlllses, without the express wfiHen consent of duly auJhorlzed Licensor ofHcials. Nothing conlafneclherein sllaH be construed to require the licensee to maintain the Licensor's bridge:facilily as it pres~m1ly exisls,or may exist'in the fU1ure, within the publiC right~of~way of whichlhe LiGense Premises are a part.; nor shall Licensor be precluded from utilizing any porHon of.the pubnc right~of~way,inGltJding the License Prernls8sj for the purposes of providfng either fQulinBOr extraordinary maintenance oftlie bridge facUlty asshaU be deterrnined nece.ssary solely by Licer1sor. LJA8ILI1YANDINDEMNIFICATJON: Licensee agrees to assume all risks of the LiCGFISe Pr~mi6,e:s andaHliability therefore, and shalldetend, indemnify,and hold harmless the Um,Hlsor; its Officers; .agentsand employees from and against any and all loss, liability and, damages oJ whatever nature, to persons and property occas1onedby Licensee's negHgent or wilHlJil mi$concJuct, including, without limiting lhe generalilyof the foregoing. deatl10f any person and loss of the use ot any property except arising from the negligence orwilHul misconduol of Licensor or Licensor's agents or employees, Tllis includes. but js not limit.ed to.. matters arising out of Of claimed to have be.en caused by or In any manner related to the License Premises or Licensee's activities or those of any approved or UflElPproved invitee, contractor. subcontractor, or other person approved, authorized, or p.ermltted by Liconsf.:e on, in or about the License Premises, whether or not based on negligence. . INSURANCE: Lic;ensee shall procure and maintain during the term at this License, ami any extension thereto, insurance aslollows against claims for lnjuries to persons or damage to propeny which shaH arise frolli or in connection with this license Agreement U:"'LI,:;()n:s,r.I~;\I,"AHO\)E:Y\S LLO Lie 10li(;.d()o:; f'.,I !Jf.' .? ~J ;5 Uconsor'sreasonable S?,tiSfClC li on , such default fqr a period of fifteen (15) days aftmrecejptoi Notice (rom UCEltlsor to remedy same;ofiJ Licensor's underlying ,easement is terminated in whole orin part for any reason; or should Licensor cleterrnine that competing munlci al neec!', existsf.or the !Jeenes Premises;ors~lould Ucensee vacate or aban on t e Icense PremtSes, . dr c' sue fme a.s Licensors easements rights are extinguishsej for any other reason, In the event orany olthe roregotng occurrences, and delivery or mailing of Notice as above provid.ecJ, ~~II rights granted herein $.ilall immediately extinguish and terminate, unless any timefralTIe Is provided to the contrary, and the license Premises shall revert fully to Licensor as though tl"l,is License had never been granteeL b. Bv Licensee: Tll]$ License is subject to termination by Licensee in Ihe event of rna.terialdefauHb,.y Licensor -inthe,pertormance of any of the-terms, covenants Of conditions of this' License. and in the 'failure of licensor to remedy, or undertake'~o remedy to Licensee's reasonable salisf;acJion, SUCll default for a period of fifteen (15) days after receipt of Notice frorn Licens6etoremedy same. C;. BvEither Party: EitherpElrty may terminate this License upon provldillgthe other party nolle5s than Sfxty (60) days written Notice of its intent to terminate. Such Notice s~1all be deelned to have lJeengiven W~len mailed, postage paid, orpersonally delivered. NOTICE; Any Notice $haU b.e in writing and shall be delivered by fland or sent by United Slates Registered mail, postage prepa~d and addressed as follows: pcenSOf Licensee Clty Manager Cilyo! Clearwater P..O. Box 4748 Clearwater, Fl. 33758~4748 Robert LAllen, Manager - 770 South Gulfview Blvd. Gleal';vater Beach, FI. 33767 With a coJ2Y....!Q.: Y)/itha COpy to: City Atlorney City of Clearwater P. O. Box 4748 Clearwater, FI. 44858-4748 E. D,Armstrong, III. Esquire Johnson, Popa, f;3okor, Ruppel & Burns, LLP p, 0, Box 1368 Clearwater, FL 33757-1368 Such addresses may be changecl frorn time to time by eHiler party by giving Notice as provided above. Notice shaH be deernedgiven when delivered (if d~livered by hand), or when postmarked jf sent U. S. Mail. certified, return receipt requested. . DISCLAIMER OF WARRANTIES: This License constitutes the entire agreement of the parties regarding the License Premises described herein, and my not D,e changod1 Illodifieclor chsohargedexcept by written amendment duly executed by bolll parties. LiGr;lnsee a~Jrees that I,K.UCH\%:S.}.Ji\.HULlfS.;"S ,"LC Lie : 000.,bi: r\i ~~>: ;,1. C1! ,~. .. 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