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04/30/2007 WORK SESSION AGENDA Council Chambers - City Hall 4/30/2007 - 1:30 PM 1. Fire Department 1.1 Award a contract to Fisher Scientific Company LLC, 5904-D Hampton Oaks Parkway, Suite 200, Tampa Florida, in the amount of $150,000, for the replacement and upgrade of Scott Air Packs in accordance with sec. 2.564 - (1) (b) and (e), and authorize appropriate officials to execute same. (consent) ~ Attachments 2. Financial Services 2.1 Declare an estimated 50,000 pounds of aluminum from bleachers, box seating and other miscellaneous materials at Jack Russell Stadium surplus to the needs of the City and authorize sale to the highest bid received; and allow proceeds to be returned to the Jack Russell Stadium demolition project; and allow appropriate officials to execute same. (consent) ~ Attachments 3. Parks and Recreation 3.1 Approve renewal of License Agreement, for period of June 1, 2007-May 31, 2010, with Ultimate Bounce to provide entertainment concessions at Pier 60 Park and authorize the appropriate officials to execute same. (consent) ~ Attachments 3.2 Approve renewal of License Agreement, for period June 1, 2007- May 31, 2010, with Emerald Coast Bungee, Inc., to provide entertainment concessions at Pier 60 Park and authorize the appropriate officials to execute same. (consent) I@l Attachments 3.3 Approve Acknowledgment and Consent between the City and PACT, Inc., a not-for-profit corporation, to provide access to City property east of PACT in order to complete mitigation project and authorize the appropriate officials to execute same. (consent) I@l Attachments 3.4 Approve Agreement between the School Board of Pinellas County and the City of Clearwater for a term from June 2007 through June 2008 for the City to use Pinellas County School buses at a cost of $1.00 per mile plus $19.20 per hour, for a total estimated cost of $45,000 and authorize the appropriate officials to execute same. (consent) I@l Attachments 3.5 Approve the Public Art and Design Master Plan as submitted by the Public Art & Design Board and staff, in compliance with Ordinance 7489-05 establishing criteria, policies and priorities for the Public Art and Design Program. (consent) I@l Attachments 4. Engineering 4.1 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) ~ Attachments 4.2 A ward a contract for the construction of the "Clearwater Beach West Bridge Spur Connector" (99-0081- EN) project to American Bridge Corporation of Orlando, Florida, for the sum of $2,481,673.25 which is the lowest responsible bid received in accordance with the construction plans and specifications, award a Construction Engineering & Inspection (CEI) contract to Ayres Associates (EOR) for $390,537.00 and authorize the appropriate officials to execute same.(consent) ~ Attachments 4.3 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) ~ Attachments 4.4 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) I@l Attachments 5. Planning 5.1 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) & Commercial General (CG) Categories to the City Residential Low (RL) & Commercial General (CG) Categories and Zoning Atlas Amendment from the County R-4, One, Two & Three Family Residential & C-2, General Retail Commercial and Limited Services Districts to the City Low Medium Density Residential (LMDR) & Commercial (C) Districts for 205 North Belcher Road (2212-2216 Drew Street & 2205 Norman Drive) (M/B 33/12 Lot 2,30, & 29 Block D, Temple Terrace Subdivision in Section 7, Township 29 South and Range 16 East); and Pass Ordinances 7784-07, 7785-07 and 7786-07 on first reading. ~ Attachments 6. Legal 6.1 Adopt Ordinance 7746-07 on second reading, annexing certain real property whose post office address is 222 North Belcher Road, together with the abutting right of way of North Belcher Road, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. ~ Attachments 6.2 Adopt Ordinance 7747-07 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 222 North Belcher Road, together with the abutting right of way of North Belcher Road, upon annexation into the City of Clearwater, as Residential/Office General. ~ Attachments 6.3 Adopt Ordinance 7748-07 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 222 North Belcher Road, together with the abutting right of way of North Belcher Road, upon annexation into the City of Clearwater, as Office (0). I@l Attachments 6.4 Adopt Ordinance 7778-07 on second reading, amending Section 32.380, Code of Ordinances, to add Section 32.380.1, outlining rebates and credits for abandoning well, lake or pond irrigation for connection to the reclaimed water system, and adding Section 32.380.2, outlining exclusions. I@l Attachments 6.5 Adopt Ordinance 7795-07 on second reading, annexing certain real property whose post office address is 1990 Abbey Lake Road and 1970 Abbey Lake Road, together with the abutting right of way of Abbey Lake Road, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. ~ Attachments 6.6 Adopt Ordinance 7796-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for whose post office address is 1990 Abbey Lake Road and 1970 Abbey Lake Road, together with the abutting right of way of Abbey Lake Road, upon annexation into the City of Clearwater, as Residential Suburban. @ Attachments 6.7 Adopt Ordinance 7797-07 on second reading, amending the zoning atlas of the city by zoning whose post office address is 1990 Abbey Lake Road and 1970 Abbey Lake Road, together with the abutting right of way of Abbey Lake Road, upon annexation into the City of Clearwater, as Low Density Residential (LDR). ~ Attachments 6.8 Adopt Ordinance 7798-07 on second reading, vacating a portion of the right of way of 66th Street North, subject to a drainage and utility easement which is retained over the full width thereof. @ Attachments 6.9 Adopt Ordinance 7802-07 on second reading, amending Section 32.153, Code of Ordinances, changing watering restrictions, and amending Section 32.383, amending the reclaimed watering schedule. @ Attachments 6.10 Adopt Ordinance 7805-07 on second reading, annexing certain real property whose post office address is 1301 Fairfield Drive into the corporate limits of the city and redefining the boundary lines of the city to include said addition. ~ Attachments 6.11 Adopt Ordinance 7806-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1301 Fairfield Drive, upon annexation into the City of Clearwater, as Residential Low. ~ Attachments 6.12 Adopt Ordinance 7807-07 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1301 Fairfield Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). ~ Attachments 6.13 Adopt Ordinance 7808-07 on second reading, annexing certain real property whose post office address is 1278 Sedeeva Circle North, together with the right of way of Betty Lane, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. ~ Attachments 6.14 Adopt Ordinance 7809-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1278 Sedeeva Circle North, together with the right of way of Betty Lane, upon annexation into the City of Clearwater, as Residential Urban. ~ Attachments 6.15 Adopt Ordinance 7810-07 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1278 Sedeeva Circle North, together with the right of way of Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). @ Attachments 6.16 Adopt Ordinance 7811-07 on second reading, annexing certain real property whose post office address is 1869 East Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. @ Attachments 6.17 Adopt Ordinance 7812-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1869 East Drive, upon annexation into the City of Clearwater, as Residential Low. @ Attachments 6.18 Adopt Ordinance 7813-07 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1869 East Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). @ Attachments 6.19 Adopt Ordinance 7814-07 on second reading, annexing certain real property whose post office address is 1836 Pinel and Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. @ Attachments 6.20 Adopt Ordinance 7815-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1836 Pinel and Drive, upon annexation into the City of Clearwater, as Residential Urban. @ Attachments 6.21 Adopt Ordinance 7816-07 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1836 Pinel and Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). @ Attachments 6.22 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) @ Attachments 7. City Manager Verbal Reports 7.1 City Manager Verbal Reports @ Attachments 8. Council Discussion Items 8.1 Status of Increases in Hotel Density - Petersen @ Attachments 9. Other Council Action 9.1 Other Council Action @ Attachments 10. Adjourn 11. Presentationes) for Council Meeting 11.1 Proclamation: Be Kind to Animals Week - American Humane Association ~ Attachments 11.2 Ruth Eckerd Hall Update - Robert Freedman ~ Attachments Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to Fisher Scientific Company LLC, 5904-D Hampton Oaks Parkway, Suite 200, Tampa Florida, in the amount of $150,000, for the replacement and upgrade of Scott Air Packs in accordance with sec. 2.564 - (1) (b) and (e), and authorize appropriate officials to execute same. (consent) SUMMARY: This program provides for the replacement and upgrade of breathing apparatus needed for worn or damaged front line units used by firefighters. The project will provide for the purchase of self-contained breathing apparatus (SCBA) upgrade kits that have been approved through the National Institute for Occupational Safety & Health (NIOSH) and CDC. The CDC and NIOSH have a program to approve SCBA for use by firefighters and other first responders to terrorist attacks. NIOSH approval under the program signifies that an SCBA is expected to provide needed protection to first responders in situations where an act of terror has released harmful chemicals. Pathogens, or radioactive materials into the air. This program will provide for the standardization of existing airpacks and the purchase of new replacement airpacks that meet the new standard, which has been adopted by National Fire Protection Association (NFPA) revision of NFPA 1982. Funding for this contract is available in capital project 315-91229, Replace and Upgrade Airpacks, and is partially reimbursed by the County since the equipment also serves the unincorporated area of the Clearwater Fire District. Type: Current Year Budget?: Purchase Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: 150,000.00 Annual Operating Cost: Total Cost: 150,000.00 10/01106 to 09/30/07 Appropriation Code 315-91229 Amount $150,000.00 Appropriation Comment Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Clerk 6) City Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 1 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Declare an estimated 50,000 pounds of aluminum from bleachers, box seating and other miscellaneous materials at Jack Russell Stadium surplus to the needs of the City and authorize sale to the highest bid received; and allow proceeds to be returned to the Jack Russell Stadium demolition project; and allow appropriate officials to execute same. (consent) SUMMARY: Jack Russell Stadium seating under the covered area and box seating is no longer needed at the stadium or any other City facility. Staff has contacted Pinellas, Pasco and Hillsborough County Schools, Tampa Bay Downs Race Track, Southeast Seating, Sunshine Speedway, Clearwater Central Catholic and Calvary Christian High Schools. None have expressed interest in obtaining the bleachers for reuse. Cost of removal is estimated to be $5000, which will be paid from revenue received. The current value of aluminum is approximately $0.80/pound; therefore net proceeds are estimated to be $35,000. Several citizens have expressed interest in purchasing seats and signage. We will accommodate the citizens by allowing sealed bids for lots as small as one seat or sign. Small lot bids must be equal to or greater than the salvage value. A small fee will be charged for removal and handling. City employees or prisoner volunteers will remove seats and/or signage. Bidders will be responsible for transportation from Jack Russell Stadium to the final destination. Funds received will be utilized to pay unanticipated recycling costs for hazardous materials left on the site and for restoration after demolition. 13 large electrical transformers left on site may contain PCBs, therefore must be tested and properly recycled. In addition, over 700 pounds of chemicals were found in various storage facilities that must be sent to proper hazardous waste disposal facilities. Site restoration will include new electrical service, dugout drainage, ADA approved sidewalks to the restroom facilities, a new backstop and modification of the remaining bleachers for code compliance. A mid-year budget amendment to increase project 0315-93254, Jack Russell Stadium Infrastructure Repairs and Demolition, by the proceeds received from the sale of this surplus. This is estimated to be $35,000 and represents a transfer from the General Fund. Type: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $0.00 Annual Operating Cost: Total Cost: to Appropriation Code 0315-93254 Amount Revenue to be determined at tme of sale Appropriation Comment Cover Memo Item # 2 Bid Required?: Other Bid / Contract: No Surplus sale revenue Bid Number: Bid Exceptions: None Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Purchasing 4) Financial Services 5) Purchasing 6) Financial Services 7) Office of Management and Budget 8) Legal 9) Clerk 10) Assistant City Manager 11) Clerk 12) City Manager 13) Clerk Cover Memo Item # 2 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve renewal of License Agreement, for period of June 1, 2007 -May 31, 2010, with Ultimate Bounce to provide entertainment concessions at Pier 60 Park and authorize the appropriate officials to execute same. (consent) SUMMARY: Ultimate Bounce has provided successful entertainment concessions at Pier 60 Park for the past year. During that time, Ultimate Bounce operated a water slide, dry slide and bounce house. The City makes 25% of gross revenue, which amounted to $49,433 last year. Staff has included revenue from entertainment concession in the general fund budget to off-set some of the costs of operating the Parks and Recreation Department. Staff is recommending approval of the License Agreement between Ultimate Bounce and the City. The City may cancel the Agreement at any time during the agreement period. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 3 Attachment number 1 Page 1 of 5 LICENSE AGREEMENT THIS LICENSE AGREEMENT is entered into as of this day of , 2007, between the City of Clearwater, a municipal corporation of the State of Florida, whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 ("Licensor") and Ultimate Bounce, LLC, whose mailing address is 3300 - 11 Street N., St. Petersburg, Florida 33704 ("Licensee"). WHEREAS, Licensor is the owner of the real property more particularly described in Exhibit "A", attached hereto and made a part hereof, located in Pinellas County, Florida hereinafter referred to as ("Premises"); and, WHEREAS, Licensee desires to exercise certain rights and privileges upon the Premises; and WHEREAS, Licensor is willing to grant Licensee a license for such occupancy and utilization, subject to the terms and conditions stipulated below (the "License"): NOW, THEREFORE, it is mutually agreed as follows: 1 . Licensor hereby grants to Licensee the License to occupy and use the Prem ises, subject to all of the terms and conditions herein set forth, commencing on June 1, 2007, and expiring on May 31, 2010, unless sooner terminated as herein provided ("License Term") for the purpose of installing an inflatable bounce house, dry slide, wet slide and other inflatable concessions ("Concessions") as more particularly described in Exhibit "B", attached hereto and made a part hereof. Licensee acknowledges and agrees that License is non-exclusive. Licensee's Concessions shall be located within the License area in conjunction with other Licensees as such Licensee's Concessions are located as of the inception of this Agreement. Licensor reserves the right to request relocation of the License at its discretion. 2. That for and in consideration of the foregoing License, Licensee shall pay Licensor a commission equivalent to twenty-five percent (25%) of the gross revenue proceeds generated during the License Term ("Commission"). For purposes of this Agreement, "Gross Revenue Proceeds" shall mean the total of all amounts charged to customers for entry to the concessions. Specifically, all amounts charged for numbered tickets, coupons or other type of invoices ("Tickets"), less any applicable taxes, regardless of whether said Tickets are redeemed. Commission shall be paid bi-weekly, first payment to be paid 14 days after the Licensee's first day of operation, and once every two weeks thereafter. If all amounts due to Licensor are not paid as indicated, Licensee will be considered in default hereunder and Licensor retains the right to terminate this Agreement immediately and require vacation of the Premises immediately, but in no event later than 24 hours from receipt of notification of such default. 3. Licensee shall pay all costs resulting from and associated with the installation and operation of electrical service for operation of the concessions. Item # 3 Attachment number 1 Page 2 of 5 4. The Licensee agrees that persons employed by Licensee for purposes related to the installation, operation or other purposes under this License are not employees of the Licensor for any purpose whatsoever, including unemployment tax, social security contributions, income tax withholding or workers compensation, whether state or federal. Licensee agrees to pay and be solely responsible for all applicable taxes, both state and federal, in connection with the amount paid by Licensee to Licensor. 5. Licensee duties and responsibilities pursuant to this Agreement are as follows: (a) Licensee shall provide various inflatable amusements, such as: a water inflatable slide, a dry inflatable Slide and a Bounce House each manufactured out of 18 gauge fire-retardant vinyl, double-stitched seams, and other safety features in accordance with acceptable industry standards. (b) Licensee shall setup the site, including securely anchoring the concessions, fencing off the area, and setting up an area for ticket sales. (c) Licensee shall operate in or on the Premises, as designated by Licensor. Hours of operation shall be daily (seven days a week) no earlier than 9:00 a.m. until no later than 10:30 p.m., except during inclement weather. The City reserves the right to shut down the operation of the concessions if, in its sole discretion, it is in the best interest of the city, or to protect the safety and welfare of the public. (d) Licensee will ensure that the concessions are a temporary structure that can be broken down in 2 days if needed. (e) Licensee will ensure that the concessions are run and operated by properly trained employees, all of whom are uniformed in matching company tee shirts and shorts. (f) Licensee specifies that each employee have specific duties, which include technical, safety, and operational support to ensure that the operation runs safely and efficiently, and that Licensee has provided any necessary and appropriate training for its employees to carry out the operation in a safe manner. 6. Licensee agrees to provide comprehensive general liability coverage on an "occurrence" basis in an amount of not less than One Million Dollars ($1,000,000.00) combined single limit bodily injury liability and property damage liability with a minimum One Million Dollar ($1,000,000.00) aggregate limit. The Certificate of Insurance shall show the City of Clearwater as an Additional Insured. The certificate must be provided to City of Clearwater prior to operation. 7. Licensee shall protect, defend, indemnify, save and hold harmless Licensor against and from any and all claims, including copyright/trademark infringement claims, demands, fines, suits, sections, proceedings, orders, decrees and Item # 3 Attachment number 1 Page 3 of 5 judgments of any kind or nature by or in favor of, anyone whomsoever, and against and from any and all costs, damages and expenses, including attorney's fees, resulting from, or in connection with, loss of life, bodily or personal injury or property damages arising, directly or indirectly, out of, or from, or on account of, any accident or other occurrence in, upon, at or from the Premises, or occasioned in whole or in part through the use and occupancy of the Premises, or by any act or omission of Licensee, or any employees, agents, contractors or invitees in, upon, at or from the Premises or its appurtenances. 8. Licensee shall at its sole cost and expense (a) maintain the Premises in a safe, clean and proper manner; (b) secure any and all licenses or permits required by any governmental agency or authority with respect to Licensee's operation of the concessions, occupancy and use of the Premises, including any and all rights or licenses required under applicable copyright or trademark law; (c) secure and be responsible for the security of the concessions at close of business each day and during hours of non-operation; (d) not make or permit to be made any alterations, additions or improvements in the Premises without the prior written consent of Licensor; (e) not permit any mechanic's lien to be filed against the Premises by reason of any work, labor, service or materials performed at or furnished to the Premises; and (h) abide by all rules and regulations established by Licensor, from time to time, with respect to the use and occupancy of the Premises. All signs used at the Premises shall be subject to Licensor's prior approval. 9. This License is personal to Licensee. It is not assignable, and any attempt to assign this License will terminate the License privileges granted to Licensee hereunder. In addition, Licensee shall not sell, mortgage, pledge or in any manner transfer this License Agreement or any interest therein, nor sublet all of any part of the Premises or license considerations therein. 10. Licensor may terminate this License Agreement immediately, at will, in Licensor's sole discretion, with or without cause. This License Agreement may also be terminated at any time upon the mutual written agreement of Licensor and Licensee. 11. Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto it being understood that nothing contained herein, or any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Licensor and Licensee. 12. All notices to either party must be sent by U.S. Mail to the address below: As to Licensor As to Licensee City of Clearwater Ultimate Bounce, LLC P.O. Box 4748 c/o Alfonso Rojas Clearwater, FL 33758-4748 3300 - 11th Street N. St. Petersburg, FL 333704 Item # 3 Attachment number 1 Page 4 of 5 Miscellaneous Provisions 13. The provisions of this License shall be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of the parties, as permitted herein. Any provision hereof which imposes upon Licensor or Licensee, any obligation after termination or expiration of this License Agreement, shall survive termination or expiration hereof and be binding upon Licensor or Licensee. 14. Licensee agrees to comply with all local, state, and federal statutes and ordinances, and is responsible for obtaining all necessary state and local permits prior to setting up and operating the concessions. 15. All advertising or related communications pertaining to Licensor must be pre- approved in writing by the Licensor. 16. Licensor shall have the right to enter upon the Prem ises at all times. Licensor shall not unduly interfere with Licensee's business. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. LICENSEE: ULTIMATE BOUNCE, LLC Signed in the Presence of: Dated: By: Alfonso Rojas Manager Countersigned: LICENSOR: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard Mayor William B. Horne II City Manager Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 3 Attachment number 1 Page 5 of 5 STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this day of ,2007, by WILLIAM B. HORNE II, City Manager of the City of Clearwater, who is personally known to me. Print/Type Name: Notary Public Item # 3 Attachment number 2 Page 1 of 1 Exhibit A City of Clearwater SPECIAL EVENTS BEACH VENUE #2: North Of Pier 60 (Approximately 200' x 250' = 50,000 sf or 1.1 acre) Roundabout Item # 3 Exhibit B Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve renewal of License Agreement, for period June 1, 2007-May 31, 2010, with Emerald Coast Bungee, Inc., to provide entertainment concessions at Pier 60 Park and authorize the appropriate officials to execute same. (consent) SUMMARY: Emerald Coast Bungee, Inc. has provided successful entertainment concessions at Pier 60 Park for the past two years. During that time, Emerald Coast Bungee, Inc. operated a climbing wall and trampoline bungee jump. The City makes 25% gross revenue, which amounted to $54,545 last year. Staff has included revenue from entertainment concession in the general fund budget to offset some of the costs of operating the Parks and Recreation Department. Staff is recommending renewal and approval of the License Agreement between Emerald Coast Bungee, Inc. and the City. The City may cancel the Agreement at any time during the agreement period. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 4 Attachment number 1 Page 1 of 5 LICENSE AGREEMENT THIS LICENSE AGREEMENT is entered into as of this day of , 2007, between the City of Clearwater, a municipal corporation of the State of Florida, whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 ("Licensor") and Emerald Coast Bungee, Inc., a Florida corporation, whose mailing address is 915 Lantana Avenue, Clearwater, Florida 33755 ("Licensee"). WHEREAS, Licensor is the owner of the real property more particularly described in Exhibit "A", attached hereto and made a part hereof, located in Pinellas County, Florida hereinafter referred to as ("Premises"); and, WHEREAS, Licensee desires to exercise certain rights and privileges upon the Premises; and WHEREAS, Licensor is willing to grant Licensee a license for such occupancy and utilization, subject to the terms and conditions stipulated below (the "License"): NOW, THEREFORE, it is mutually agreed as follows: 1 . Licensor hereby grants to Licensee the License to occupy and use the Prem ises, subject to all of the terms and conditions herein set forth, commencing on June 1, 2007, and expiring on May 31, 2010, unless sooner terminated as herein provided ("License Term") for the purpose of installing a bungee powered trampoline jump amusement ride and faux-rock climbing wall ("Concessions") as more particularly described in Exhibit "B", attached hereto and made a part hereof. Licensee acknowledges and agrees that License is non-exclusive. Licensee's Concessions shall be located within the License area in conjunction with other Licensees as such Licensee's Concessions are located as of the inception of this Agreement. Licensor reserves the right to request relocation of the License at its discretion. 2. That for and in consideration of the foregoing License, Licensee shall pay Licensor a commission equivalent to twenty-five percent (25%) of the gross revenue proceeds generated by the Bungee/Climbing Wall during the License Term ("Commission"). For purposes of this Agreement, "Gross Revenue Proceeds" shall mean the total of all amounts charged to customers for entry to the Bungee/Climbing Wall. Specifically, all amounts charged for numbered tickets, coupons or other type of invoices ("Tickets"), less any applicable taxes, regardless of whether said Tickets are redeemed. Commission shall be paid bi- weekly, first payment to be paid 14 days after the Licensee's first day of operation, and once every two weeks thereafter. If all amounts due to Licensor are not paid as indicated, Licensee will be considered in default hereunder and Licensor retains the right to terminate this Agreement immediately and require vacation of the Premises immediately, but in no event later than 24 hours from receipt of notification of such default. Item # 4 Attachment number 1 Page 2 of 5 3. Licensee shall pay all costs resulting from and associated with the installation and operation of electrical and water service for operation of the Bungee/Climbing Wall. 4. The Licensee agrees that persons employed by Licensee for purposes related to the installation, operation or other purposes under this License are not employees of the Licensor for any purpose whatsoever, including unemployment tax, social security contributions, income tax withholding or workers compensation, whether state or federal. Licensee agrees to pay and be solely responsible for all applicable taxes, both state and federal, in connection with the amount paid by Licensee to Licensor. 5. Licensee duties and responsibilities pursuant to this Agreement are as follows: (a) Licensee shall provide a "Euro Bungee" with an aluminum framing, trampolines (3' H x 15' diameter), adjustable bungees attached to 11 OV wenches, safety harnesses and other safety features; and a four- sided faux-rock climbing wall, 24.5' high, with mountain climbing rated safety harnesses and other safety features in accordance with acceptable industry standards. (b) Licensee shall setup the site, including securely anchoring the Bungee, fencing off the area, and setting up an area for ticket sales. (c) Licensee shall operate in or on the Premises, as designated by Licensor. Hours of operation shall be daily (seven days a week) no earlier than 9:00 a.m. until no later than 10:30 p.m., except during inclement weather. The City reserves the right to shut down the operation of the Bungee if, in its sole discretion, it is in the best interest of the city, or to protect the safety and welfare of the public. (d) Licensee will ensure that the Bungee is a temporary structure that can be broken down in 2 days if needed. (e) Licensee will ensure that the Bungee is run and operated by properly trained employees, all of whom are uniformed in matching company tee shirts and shorts. (f) Licensee specifies that each employee have specific duties, which include technical, safety, and operational support to ensure that the operation runs safely and efficiently, and that Licensee has provided any necessary and appropriate training for its employees to carry out the operation in a safe manner. 6. Licensee agrees to provide comprehensive general liability coverage on an "occurrence" basis in an amount of not less than One Million Dollars Item # 4 Attachment number 1 Page 3 of 5 ($1,000,000.00) combined single limit bodily injury liability and property damage liability with a minimum One Million Dollar ($1,000,000.00) aggregate limit. The Certificate of Insurance shall show the City of Clearwater as an Additional Insured. The certificate must be provided to City of Clearwater prior to operation. 7. Licensee shall protect, defend, indemnify, save and hold harmless Licensor against and from any and all claims, including copyright/trademark infringement claims, demands, fines, suits, sections, proceedings, orders, decrees and judgments of any kind or nature by or in favor of, anyone whomsoever, and against and from any and all costs, damages and expenses, including attorney's fees, resulting from, or in connection with, loss of life, bodily or personal injury or property damages arising, directly or indirectly, out of, or from, or on account of, any accident or other occurrence in, upon, at or from the Premises, or occasioned in whole or in part through the use and occupancy of the Premises, or by any act or omission of Licensee, or any employees, agents, contractors or invitees in, upon, at or from the Premises or its appurtenances. 8. Licensee shall at its sole cost and expense (a) maintain the Premises in a safe, clean and proper manner; (b) secure any and all licenses or permits required by any governmental agency or authority with respect to Licensee's operation of the Bungee, occupancy and use of the Premises, including any and all rights or licenses required under applicable copyright or trademark law, (c) secure and be responsible for the security of the Bungee at close of business each day and during hours of non-operation; (d) not make or permit to be made any alterations, additions or improvements in the Premises without the prior written consent of Licensor; (e) not permit any mechanic's lien to be filed against the Premises by reason of any work, labor, service or materials performed at or furnished to the Premises; and (h) abide by all rules and regulations established by Licensor, from time to time, with respect to the use and occupancy of the Premises. All signs used at the Premises shall be subject to Licensor's prior approval. 9. This License is personal to Licensee. It is not assignable, and any attempt to assign this License will terminate the License privileges granted to Licensee hereunder. In addition, Licensee shall not sell, mortgage, pledge or in any manner transfer this License Agreement or any interest therein, nor sublet all of any part of the Premises or license considerations therein. 10. Licensor may terminate this License Agreement immediately, at will, in Licensor's sole discretion, with or without cause. This License Agreement may also be terminated at any time upon the mutual written agreement of Licensor and Licensee. 11. Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto it being understood that nothing contained herein, or any acts of the parties hereto, shall be deemed to Item # 4 Attachment number 1 Page 4 of 5 create any relationship between the parties hereto other than the relationship of Licensor and Licensee. 12. All notices to either party must be sent by U.S. Mail to the address below: As to Licensor City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 As to Licensee Emerald Coast Bungee c/o Dan Northcott 915 Lantana Avenue Clearwater, Florida 33755 Miscellaneous Provisions 13. The provisions of this License shall be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of the parties, as permitted herein. Any provision hereof which imposes upon Licensor or Licensee, any obligation after termination or expiration of this License Agreement, shall survive termination or expiration hereof and be binding upon Licensor or Licensee. 14. Licensee agrees to comply with all local, state, and federal statutes and ordinances, and is responsible for obtaining all necessary state and local permits prior to setting up and operating the Bungee. 15. All advertising or related communications pertaining to Licensor must be pre- approved in writing by the Licensor. 16. Licensor shall have the right to enter upon the Prem ises at all times. Licensor shall not unduly interfere with Licensee's business. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. LICENSEE: EMERALD COAST BUNGEE, INC. Signed in the Presence of: Dated: By: Dan Northcott President Item # 4 Attachment number 1 Page 5 of 5 Countersigned: LICENSOR: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard Mayor William B. Horne II City Manager Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk STATE OF FLORIDA COUNTY OF PINELLAS ) ) The foregoing instrument was acknowledged before me this day of ,2007, by WILLIAM B. HORNE II, City Manager of the City of Clearwater, who is personally known to me. Print/Type Name: Notary Public Item # 4 Attachment number 2 Page 1 of 1 Exhibit A City of Clearwater SPECIAL EVENTS BEACH VENUE #2: North Of Pier 60 (Approximately 200' x 250' = 50,000 sf or 1.1 acre) Roundabout Item # 4 Emerald Coast Bungee Euro Bungee (4 station) Roc. Item # 4 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Acknowledgment and Consent between the City and PACT, Inc., a not-for-profit corporation, to provide access to City property east of PACT in order to complete mitigation project and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater owns property known as Alligator Lake Park that is adjacent to and due east of property leased to PACT. Until recently, the property was overgrown with invasive species and the property was not accessible by the public. There was a desire and need by the City to improve the property as part of a storm water mitigation project. The City is preparing final specifications to go out to bid to improve the property to meet the mitigation requirements. In order for the City to gain access to the property this Acknowledgement and Consent is needed. This will allow the City use of the entrance road at PACT for ingress and egress purposes. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 2 ACKNOWLEDGEMENT & CONSENT WHEREAS, the City of Clearwater, a Florida municipal corporation of the State of Florida ("City"), and PACT, Inc., a Florida corporation ("PACT") (collectively the "Parties"), have entered into that certain lease agreement dated March 7, 2001 and ending March 6, 2031, (the "Lease"), said "Leased Premises" being commonly known as Ruth Eckerd Hall addressed at 1111 McMullen Booth Road, Clearwater, Florida; and, WHEREAS, a portion of the Leased Premises was released on November 25, 2003 to allow City to construct and maintain the Alligator Lake Wetland Creation & Stormwater Treatment Project, City Project No. 99-0020-EN (hereafter "Project") which contemplates restoring 1.83 acres of wetland, creation of 0.618 acres of new wetland, and filling 0.022 acres of existing wetland; and, WHEREAS, the City now seeks to undertake the Project and a portion of the Project activity lies within the Leased Premises, including ingress and egress for the Project; and, WHEREAS, PACT recognizes and acknowledges the benefits of closely cooperating with the City in implementing the Project for the greater benefit of the natural environment and the citizens of Clearwater; NOW THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt of which are hereby acknowledged, the Parties agree as follows: 1. PACT hereby acknowledges receipt of 90% Project plans and consents to the City undertaking the Project as proposed, acknowledging that Project plans may be further amended until 1 00% approval is achieved. 2. PACT further consents and agrees that throughout the period of project development and implementation the City, its contractor, employees, representatives and invitees, shall have the right and privilege of ingress and egress to Project lands, for Project purposes, over and across Ruth Eckerd Drive and adjoining roadways and parking lots as depicted in Exhibit "A" appended hereto and made a part hereof. 3. The City covenants and agrees that it shall limit ingress and egress for Project purposes to normal daytime working hours, and that its contractor, employees, representatives and invitees shall not unreasonably interfere with PACT's use of the Leased Premises as provided in the Lease. Item # 5 Attachment number 1 Page 2 of 2 4. The City shall save and hold PACT, its successors and assigns, harmless from any and all liability arising as a result of its acknowledgment and consent as provided herein, from injury to person or property occasioned wholly or in part by any negligent act or omission of the City, its contractors, employees, representatives and invitees; provided, however, the City shall not be liable to PACT for any damage or injury to the extent that same results from the negligent acts of PACT, its servants, agents, employees, successors or assigns, and provided further, that the extent of indemnification by the City under any circumstances shall not exceed the limits of liability as set forth in Section 768.28, Florida Statutes, modify the doctrine of sovereign immunity, or be construed as consent to be sued by third parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _ day of ,2007. Signed & sealed in the presence of: PACT, Inc. By: WITNESS signature Robert A. Freedman, President Print WITNESS name WITNESS signature Print WITNESS name COUNTERSIGNED: CITY OF CLEARWATER, FLORIDA By: By: Frank V. Hibbard Mayor William B. Horne II City Manager Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau, City Clerk Item # 5 Attachment number 2 Page 1 of 1 City of Clearwater Engineering Department Item # 5 Attachment number 3 Page 1 of 1 City of Clearwater Engineering Department Item # 5 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Agreement between the School Board of Pinellas County and the City of Clearwater for a term from June 2007 through June 2008 for the City to use Pinellas County School buses at a cost of $1.00 per mile plus $19.20 per hour, for a total estimated cost of $45,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Parks and Recreation Department organizes field trips requiring bus transportation for participants. The Pinellas County School System (PCSS) allows municipalities to use their fleet of buses and drivers for $1.00 per mile plus $19.20 per hour for driver with a four-hour booking minimum. During the summer of 2006, 232 field trips used PCSS buses at a cost of $1.00 per mile, plus $18.20 per hour. During the summer of 2007, the department will organize approximately 150 field trips that could use school bus transportation. Comparing a sampling cost of school buses for these trips against the use of private bus lines indicates school buses are a less costly mode of transportation, in most cases. Approval of this Agreement will provide staff with a larger number of options when determining the most cost effective source of transportation for participants. The attached Agreement is similar to Agreements between the Pinellas County School Board and other Pinellas County municipalities that use school bus transportation. The Recreation Programming Division's Operating Budget contains sufficient funds to cover the costs associated with this Agreement. Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: No Budget Adjustment Comments: Appropriation Comment: Being coded as a blanket P.O. to 1805 - actual costs will come from a variety of operational codes in Recreation Division. Current Year Cost: Not to Exceed: For Fiscal Year: $45,000 $45,000 2006 to 2007 Annual Operating Cost: Total Cost: $45,000 $45,000 Appropriation Code 1805 Amount $45,000 Appropriation Comment See comments in Budget Adjustment Comment area Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 1 VEHICLE USE AGREEMENT THIS AGREEMENT~ entered into this day of , 2007 by and between THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA, hereinafter referred to as the .'Sehool Board." and the Citv Of Clearwater. a (municipal corporation), hereinafter referred to as "User". The parties agree as follows: 1. The School Board will provide shuttle bus transportation for the month(s) of JUDe 2007 - June 2008, for the purpose of transporting participants in User's sponsored programs. Transportation is for the sole purpose of transporting participants in User's sponsored programs to and from various program locations in Pinellas and adjacent counties. 3. The bus or buses will be operated by an employee of the Sehool Board~ who is licensed to drive a school bus, and shall be assigned by the Director of Transportation or designee. Buses may be used under this agreement only if they are available at the times requested, and such use shall not interfere with or impair regular school transportation. The Sellool Board shall be the final authority as to the availability of buses. 4. (a) User shall pay to the Sehool Board, for the use of said school bus service, a sum, per bus of $19.20 per hour to include 15 minutes before and 15 minutes after trip charge; plus 1.00 per mile for weekday trips that begin before 4 p.m., with a minimum charge of four hours. (b) If requests extend to service that begins after 4 p.m.. the expense will include a minimum charge of four hours, and a sum per bus of$19.20 per hour to include 30 minutes before and 30 minutes after trip charge; plus 1.00 per mile for the trips that begin after 4 p.m. weekdays, weekends, and any non-school day. (c ) "Weekend" is derllled as a Saturday and Sunday, except during the time that the School Board is on its summer calendar schedule~ Friday will be considered part of the "weekend." '.Non-school" day is defined as a weekday wherein students are not scheduled to attend classes. 5. User shall provide to School Board a letter certifying that it is self-insured. 6. This agreement is made pursuant to section 1 006.261, Florida Statutes, and the parties agree that they will comply with the provisions therewith. IN WITNESS WHEREOF, the parties have executed this agreement at Largo, Pinellas County, Florida, the date first above written. THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA City of Clearwater, Florida By: By: See Attached Signature Page Attest: Superintendent Approved as to form: School Board Attorney's Bus Use Agreement - Agency Item # 6 Attachment number 1 Page 1 of 1 SIGNATURE PAGE TO VEHICLE USE AGREEMENT Countersigned: CITY OF CLEARWATER., FLORIDA By: William B. Home n City Manager Frank V. Hibbard Mayor Attest: $ Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk Bus Use Agreement - Agency Item # 6 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Public Art and Design Master Plan as submitted by the Public Art & Design Board and staff, in compliance with Ordinance 7489-05 establishing criteria, policies and priorities for the Public Art and Design Program. (consent) SUMMARY: In 2005, the Council approved Ordinance 7489-05 establishing the Public Art and Design Program. This Ordinance requires 1 percent of the construction budget of eligible City capital improvement projects be allocated for public art. Private development projects with a total construction value of $5 million or greater may either allocate 1 percent of their construction costs for an on-site public art project or they may contribute .75 percent to a City Public Art Fund. The Ordinance also calls for the development of a Public Art and Design Master Plan, subject to City Council approval to establish criteria, policies, and priorities for the Public Art and Design Program. The Public Art and Design Board, in concert with City staff, and the consulting team of Brown and Keener Bressi and Via Partnership, has prepared a Master Plan to fulfill this requirement and to set a strong direction for the future of the public art program. To develop the recommendations in the plan, interviews with City staff and civic leadership were held along with two "Imagine Art Here" public workshops. More than 30 participants helped to articulate and prioritize specific desired outcomes for the Public Art and Design Program. They discussed and ranked various program directions, and brainstormed ideas for specific projects. The interviews, workshops, site investigations, review of City planning and budget documents, and research of public art practices helped to shape this plan. The Plan recommends that Clearwater's Public Art and Design Program focus its efforts on commissioning artwork in this priority order: 1) projects that will shape the overall City image, reinforcing the City's role as a destination, 2) strengthen civic connectivity by enhancing citywide infrastructure, or 3) support individual neighborhood identity by creating local points of pride. The Plan also recommends commissioning "Special Initiative" art projects in addition to those related to the City's Capital Improvement Program. Funding for these projects would come from private developers who choose the in-lieu contribution to the Public Art Fund to fulfill the requirements of Ordinance 7489-05. The Plan identifies various public art opportunities and recommends a project approach, budget range and timeframe based on the availability of funding. An action plan outlines projects that can be commissioned in the first few years of the program and suggests how the program can begin laying groundwork for longer-term projects. The Plan makes programmatic and policy recommendations including an Artwork Gift Policy and a Deaccession Policy. Approval of this Plan will not require the immediate expenditure of any funds. Individual projects requiring the expenditure of public and private monies will be included in the annual budget review process. Review Approval: 1) Office of Management and Budget 2) Parks and Recreation 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 7 Attachment number 1 Page 1 of 147 CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Iikw. d .1 ~" I!L CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN - D. Attachment number 1 Page 2 of 147 ACKNOWLEDGEMENTS CITY OF CLEARWATER Frank V. Hibbard, Mayor John Doran, Vice-Mayor Carlen A. Petersen, Councilmember George N. Cretekos, Councilmember Paul F. Gibson, Councilmember William B. Horne II, City Manager Kevin Dunbar, Director of Parks and Recreation Art Kader, Assistant Director for Projects, Planning and Administration PUBLIC ART AND DESIGN BOARD Joshua Bomstein, Chair Howard Warshauer, Vice-Chair George Ann Bissett Mark Flickinger Davida Milne Alex Plisko, Jr. John Timberlake CULTURAL AFFAIRS STAFF Marsha Beall, Cultural Affairs Assistant Christopher Hubbard, Public Art Specialist Elizabeth Minor, Cultural Affairs Programmer Margo Walbolt, Cultural Affairs Manager CONSULTANTS Special thanks to the consulting team of Todd Bressi of Brown and Keener Bressi (BKB), Philadelphia, PA, and Meridith McKinley of Via Partnership, St. Louis, MO, for their hard work and development of the Clearwater Public Art and Design Program Master Plan. Item # 7 TABLE OF CONTENTS I. Executive Summary .......................................................................... 1 II. Introduction ...................................................................................... 7 III. Project Opportunities ..................................................................... 12 IV. Public Art in Private Development ............................................... 49 V. Project Priorities ............................................................................. 55 VI. Action Plan ...................................................................................... 60 VII. Programmatic and Policy Recommendations .............................. 65 VIII. Append ices..................................................................................... ..67 A. Maps B. Definitions C. Discretionary Fund Scenarios D. Meetings E. Imagine Art Here F. Gift Policy G. De-accession Policy H. Images in this Report I. Historical Data and Private Development Fund Projections J. Public Art and Design Ordinance No. 7489-05 K. Public Art and Design Program Guidelines Attachment number 1 Page 3 of 147 Item # 7 Public art at Beach Access Areas (Al) and Clearwater Beach (A2) will enhance the beachfront identity and create new landmarks. Attachment number 1 Page 4 of 147 EXECUTIVE SUMMARY Item # 7 Attachment number 1 Page 5 of 147 EXECUTIVE SU M MARY In 2005, the City of Clearwater City Council approved Ordinance NO.7 489-05 establishing the Public Art and Design Program. This Ordinance requires that eligible City capital improvement projects (CIP) and eligible private development projects participate in the public art program. The Ordinance also calls for the development of a Public Art and Design Master Plan, subject to City Council approval, which will establish criteria, policies, and priorities for the Public Art and Design Program. This plan has been commissioned by the City to fulfill this requirement and to set a strong direction for the future of the public art program. A Vision for Public Art Public art in Clearwater will add to the visual identity of the City, creating memorable images of the City for visitors and residents alike. Public art will reinforce Clearwater's role as an emerging regional leader in culture, recreation and environmental management, and it will support the City's development as a wonderful place to live, learn, work and play. Shaping the City: The Clearwater Approach Public art can contribute to Clearwater's visual identity in three basic ways. Some projects will shape Clearwater's CITY IMAGE as perceived by outsiders, reinforcing the city's role as a destination. Some projects will strengthen CIVIC CONNECTIVITY among Clearwater's neighborhoods or serve residents from throughout the city. And some projects will support individual NEIGHBORHOOD IDENTITY by creating local points of pride. Operating Guidelines The City of Clearwater Public Art and Design Program will accomplish this by: . Commissioning projects of all three types - those that impact the CITY IMAGE, those that strengthen CIVIC CONNECTIVITY, and those that support NEIGHBORHOOD IDENTITY. . Commissioning public art that enables people to engage Clearwater's unique landscape and climate - particularly its connection to water and sunlight. . Commissioning "Special Initiative" art projects as well as those that are related to the City's Capital Improvement Program. . Commissioning projects that "retrofit" into existing public facilities as well as those that are related to new capital projects. . Leveraging the impact of public art by clustering projects in key locations. . Commissioning projects that are appropriate to the site in terms of scale, media and artistic approach. . Creating opportunities for people to connect with public art through public education or community-based design approaches. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #21 Attachment number 1 Page 6 of 147 . Providing guidance that shows private developers how they can commission artwork that helps achieve the vision and outcomes for public art that the City has established. . Working with the Pinellas County Public Art and Design program and other public agencies on projects of mutual significance. . Creating an arts-friendly environment to ensure city codes and policies support the City's vision for public art. . Involving the community in appropriate ways throughout the commissioning process. Project Opportunities The Project Opportunities identified in this plan are based on their potential to contribute to the City's vision for public art, their visual impact on the city, and their compatibility with the operating guidelines outlined above. The top priority is to commission projects that shape the CITY IMAGE. The second priority is to commission projects that impact the City by strengthening CIVIC CONNECTIVITY. The third priority is to commission public art to support NEIGHBORHOOD IDENTITY. Many of the public art project opportunities will be funded through the City's one percent-for- art requirement on City capital improvement projects (CIP). The City is also developing a Discretionary Fund with revenues collected from contributions from private developers who opt to make a direct contribution in lieu of commissioning artwork. This fund can be used to commission artwork that is not associated with CIP projects and to supplement public art budgets of CIP projects. Over time, Clearwater's public art program will collect hundreds of thousands of dollars from private developers. These funds should be used not only to supplement key CIP projects whose art budgets are too low, but also to "retrofit" important existing facilities (such as the Main Library) with public art, and to commission "Special Initiative" projects in critical locations where there is no immediate CIP project (such as Clearwater Beach). Projects that shape the CITY IMAGE. These projects 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 in a certain sense "owned" by the entire community. These places include Clearwater's business and government center (downtown), recreational and cultural destinations (Clearwater Beach, major sporting venues such as the Joe DiMaggio Sports Complex/Bright House Networks Field/trails area, Ruth Eckerd Hall), and major gateways (Courtney Campbell Causeway). Public art can be commissioned in conjunction with CIP projects or as Special Initiative projects, including retrofits of existing locations. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #~ Attachment number 1 Page 7 of 147 Projects that strengthen CIVIC CONNECTIVITY. These projects create a visual language that helps make the places that connect Clearwater neighborhoods identifiable and unique. These places could be considered "common grounds" for Clearwater's residents; places where neighborhoods come together through recreation and social activities, or which literally provide threads that enable people to move from one neighborhood to the next. These places include infrastructure systems that link different parts of the City (trails, stream corridors), or facilities that touch and knit together multiple neighborhoods (special parks and recreation facilities). Public art can be commissioned in conjunction with CIP projects or as Special Initiative projects, including retrofits of existing locations. Projects that support NEIGHBORHOOD IDENTITY. These projects create points of pride within individual neighborhoods in Clearwater. Generally, they will be commissioned in conjunction with neighborhood-focused projects such as libraries, local public safety facilities, and neighborhood parks. These projects could include a much stronger level of community involvement than those in other categories. These projects will generally be CIP projects only. Projects should be focused on new construction, expansions or major renovations; retrofits of existing facilities are not generally recommended. Private Development Clearwater is one of the increasing number of cities in Florida and elsewhere that has adopted policies for incorporating public art into private development. So far, it has established two mechanisms for accomplishing this: Percent-for-art and considering public art as an amenity that developers can exchange for a Zoning Bonus. A third opportunity may be to include public art as a requirement when the City issues Request for Proposals to private developers. Through large-scale redevelopment and the use of Zoning Bonuses, there may be times when private development projects will design and build elements of the public realm. This plan identifies several private development projects of this type, and identifies how the City and the Public Art and Design program may wish to have a stronger role in identifying or shaping the public art opportunity. Prioritizing Projects The Public Art and Design Program must prioritize projects in terms of both the allocation of financial resources (specifically, the Discretionary Fund) and the allocation of staff time. The budget and timeline for some projects will be dictated by the budget and timing of related capital projects. Special Initiative and retrofit projects may have more flexibility in terms of timing and require that choices be made. And other opportunities, unforeseen during the development of this plan, may emerge and take priority. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #41 Attachment number 1 Page 8 of 147 As a general principle, City CIP projects with a percent-for-art allocation should always include public art. Some CIP projects should receive supplemental funding if the percent-for-art allocation is too small to accomplish the goals for the project. This supplemental funding will come from the Discretionary Fund, private fundraising or partnerships. Special Initiative Projects (those not linked to CIP projects) should be funded entirely from the Discretionary Fund, private fundraising or partnerships. When determining how Discretionary Funds should be allocated, the following principles should be observed. CITY IMAGE projects should be the top priority for Discretionary Funds. After that, CIVIC CONNECTION projects are the next priority for Discretionary Funds. NEIGHBORHOOD IDENTITY projects should not be funded entirely by the Discretionary Fund, but, in some cases, their budgets might be supplemented with allocations from the Discretionary Fund. Private development projects will not receive funding from the Discretionary Fund. Action Plan The Clearwater Public Art and Design program's action plan will be driven by the availability of resources and the timing of CIP projects. In the coming years, the program will be able to commission a small but steady flow of public art projects related to the city's CIP investments. However, the program will be able to pursue Special Initiative projects only when the Public Art Fund receives cash contributions from developers. . 2007 and 2008 - Start-up Actions / / Do it Now! The Public Art and Design 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. It should first start by commissioning art with the Capital Improvement Program projects that are currently funded. And it should take the first discretionary funding it receives and use it to commission the high impact Special Initiative projects. . 2009 and 2010 - Short-Term Actions / / Do it Next! The next tier of projects relates to longer-term Capital Improvement Program projects and more complex Special Initiative projects. . 2011 through 2020 - Long-Term Actions / / Do it When the Time is Right / / Penny 3 The final tier of projects includes Capital Improvement Program projects anticipated through the Penny 3 program, as well as longer-term Special Initiative projects. The schedule for these projects will be driven by timeline decisions in the Capital Improvement Program and contributions to the Discretionary Fund. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #fl Attachment number 1 Page 9 of 147 Programmatic and Policy Recommendations In addition to the identified project opportunities, the following programmatic and policy recommendations serve to support the overall vision and goals for the Public Art and Design Program. Community-Initiated Proiects . If a community-initiated project is managed by the Public Art and Design program 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. Penny for Pinellas Funding . When 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. . When Penny funding is allocated to projects, such as road widenings, that are not themselves priorities for public art expenditures, art opportunities should be identified close to the site of the project and the public art funds should be spent accordingly. Multi-year Proiects . 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 #f1 Public art projects such as the Beach Interpretative Project (A4) will help to document and preserve elements of Clearwater's past. Attachment number 1 Page 10 of 147 INTRODUCTION Item # 77 Attachment number 1 Page 11 of 147 INTRODUCTION In recognition of the importance of the arts to the future of Clearwater, in 2002 the City and the Clearwater Arts Foundation commissioned the Cultural Plan. This plan outlined several high priority goals for the City, one of which was to develop a Public Art and Design Program. Through the subsequent efforts of City and civic leaders, in October of 2005 the City of Clearwater City Council passed Ordinance NO.7 489-05 establishing the Public Art and Design Program for "the purpose of enhancing Clearwater for those who live and visit here and contribute to a legacy for generations to come." This Ordinance requires that eligible City capital improvement projects (CIP) equal to or greater than $500,000 and private development projects with an aggregate job value of at least $5 million participate in the public art program. City CIP projects must allocate 1 percent of construction costs for on-site public art. Private developers must either contribute the same amount for on-site art, or contribute 0.75 percent of construction costs to the City Public Art and Design Fund, up to a maximum of $200,000. The Ordinance also calls for the establishment of a Council-appointed Public Art and Design Board to establish policy and administer the public art program, and for the development of a Public Art and Design Master Plan, subject to City Council approval, which will establish criteria, policies, and priorities for the Public Art and Design Program. This plan has been commissioned by the City to fulfill this requirement and to set a strong direction for the future of the public art program. The Master Planning Process The consulting team of Brown and Keener Bressi and Via Partnership was hired in the fall of 2006 to work with the City and the Public Art and Design Board to develop the Public Art and Design Master Plan. To develop the recommendations in the plan, the consultant team built upon the work conducted by Parks and Recreation Department staff leading up to the passing of the public art ordinance, which included a considerable amount of public consultation. The consultant team met with many members of the City staff and civic leadership to obtain information about specific City and private development projects and to learn about the City's vision and aspirations for its future, and how public art can help the City realize this vision. The team also facilitated two "Imagine Art Here" workshops in December of 2006. More than 30 participants helped to articulate and prioritize specific desired outcomes for the public art and design program, discussed and ranked various program directions, and brainstormed ideas for specific projects. The interviews, "Imagine Art Here" workshops as well as site investigations, review of city planning and budget documents, and research of public art practices helped to inform this plan. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #fl Attachment number 1 Page 12 of 147 A Vision for Public Art Public art in Clearwater will add to the visual and cultural identity of the City, creating memorable images of the City for visitors and residents alike. Public art will highlight Clearwater's role as an emerging regional leader in culture, recreation and environmental management, and it will support the City's development as a wonderful place to live, learn, work and play. Shaping the City: The Clearwater Approach Public art can contribute to Clearwater's visual and cultural identity in many ways. The City of Clearwater's Public Art and Design program should focus its efforts on commissioning artwork that impacts the City at multiple scales: . Projects that shape the overall CITY IMAGE, reinforcing the City's role as a destination. . Projects that strengthen CIVIC CONNECTIVITY by enhancing citywide infrastructure or places that serve residents from throughout the City. . Projects that support individual NEIGHBORHOOD IDENTITY by creating local points of pride. Operating Guidelines The City of Clearwater Public Art and Design Program will accomplish this by: . Commissioning projects of all three types - those that impact the CITY IMAGE, those that strengthen CIVIC CONNECTIVITY, and those that support NEIGHBORHOOD IDENTITY. Recommended projects and criteria for prioritizing and identifying future projects are described below. . Commissioning public art that enables people to engage with Clearwater's unique landscape and climate - particularly its connection to water and sunlight. Places where people can connect to Clearwater's natural features are some of the City's most popular and charged places. These can include vistas, bridges, beaches, docks, promenades, piers, lakes and streams, trails. Artists can create work that responds to the environment and engages people in experiencing these places with all of their senses. . Commissioning "Special Initiative" art projects as well as those that are related to the City's Capital Improvement Program. Commissioning projects that "retrofit" into existing public facilities as well as those that are related to new CIP projects. Over time, Clearwater's public art program will collect hundreds of thousands of dollars from private developers. These funds should be used not only to supplement key CIP projects whose art budgets are too low, but also to "retrofit" important existing facilities (such as the Main Library) with public art, and to commission "Special Initiative" projects in critical locations where there is no immediate CIP project (such as Clearwater Beach). CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #91 Attachment number 1 Page 13 of 147 . Leveraging the impact of public art by clustering projects in key locations. Some areas, such as downtown or the beaches, or some systems, such as the trail system, may benefit from the clustering of several projects within a geographic space. As a result, viewers will be able to encounter a variety of art experiences in one area, creating the sense of a "critical mass" of art activity. . Commissioning projects that are appropriate to the site in terms of scale, media and artistic approach. Public art will exist in many contexts and scales in Clearwater, from the iconic gateway element recommended for the Courtney Campbell Causeway, to artist- designed elements incorporated into trails, to community-based projects at places like libraries. To create the desired visual impact, the Public Art and Design Program must plan projects carefully, allocate resources appropriately, and select artists whose interests and capabilities are right for the project. . Creating opportunities for people to connect with public art through public education or community-based design approaches. By engaging people with artists and works of art, the Public Art and Design Program can provide meaningful, artful experiences. This can be accomplished through commissioning projects where artists employ a community-based approach to the design and/or implementation of their artwork, as well as marketing and community programming that spurs awareness and appreciation of the collection. . Providing guidance that shows private developers how they can commission artwork that helps achieve the vision and outcomes for public art that the City has established. Most of the private development projects that will be required to have public art will be downtown or at the beaches, and those projects should support the overall visual goals for those areas. The Public Art and Design Program can provide guidance on the types of projects that best meet the community's expectations for how public art can impact the visual environment. . Working with the Pinel/as County Public Art and Design Program and other agencies on projects of mutual significance. Some projects will be in locations that are important to both the City and the County because of their visibility (the proposed Courtney Campbell Causeway gateway) or their use (the PSTA transit center downtown). In these situations, the City's Public Art and Design Program should work collaboratively with others, through creative arrangements to ensure that art projects satisfy the City's objectives. . Creating an arts-friendly environment to ensure city codes and policies support the City's vision for public art. The Public Art and Design Program seeks to support the overall vision and mission of City government, and the goals of individual departments. Likewise, the Public Art and Design Program will rely on cooperation from other areas of City government to ensure successful implementation of the Public Art Master Plan. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item tiel Attachment number 1 Page 14 of 147 . Involving the community in appropriate ways throughout the commissioning process. The people who live, work and recreate at public art project sites can provide valuable insight into the project goals and even inspiration to the artist. The Public Art and Design Program should engage neighbors and user groups early in the commissioning process in imagining what the possibilities for public art can be, and involve community representation in the artist selection and review of concept design. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #11 Attachment number 1 Page 15 of 147 PROJECT OPPORTUNITIES Public art will help to activate and make connections to important destinations such as Coachman Park (A6) and the Downtown Boat Slips (A 7). Item # 7 Attachment number 1 Page 16 of 147 PROJECT OPPORTUNITIES This chapter outlines public art projects that the City of Clearwater Public Art and Design Program could commission directly. Opportunities were identified based on their potential to contribute to the City's vision for public art, their visual impact, and their compatibility with the operating guidelines outlined above. Many of the projects described in this chapter, and the goals for those projects, were identified through study of the City's CIP and other planning documents, meetings with City and civic leadership, community feedback from the Imagine Art Here! workshops, and a study of the City's development pattern and urban form. The public art approaches, budget ranges and timeframes recommended in this plan are based on the consultants' experience in commissioning similar works and research into comparable projects from other communities. The proposed project budgets represent an estimate of the resources needed to commission a work of art that meets the project goals. As projects move into the Annual Work Plan, Public Art and Design Program staff should review the project scope, reviewing capital project plans and schedules as needed, and conduct further research to assure that the budget allocated is appropriate for the project. Many of the public art project opportunities will be funded through the City's one percent-for- art requirement on City capital improvement projects (CIP). The City is also developing a Discretionary Fund with revenues collected from contributions from private developers who opt to make a direct contribution in lieu of commissioning artwork. This fund can be used to commission artwork that is not associated with CIP projects and to supplement public art budgets of CIP projects. Over time, Clearwater's public art program will collect hundreds of thousands of dollars from private developers. These funds should be used not only to supplement key CIP projects whose art budgets are too low, but also to "retrofit" important existing facilities (such as the Main Library) with public art, and to commission "Special Initiative" projects in critical locations where there is no immediate CIP project (such as Clearwater Beach). CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #~ Attachment number 1 Page 17 of 147 Projects that contribute to the CITY IMAGE. These projects add to the iconography of Clearwater and contribute to the image of the city that is projected to the rest of the world. Public art can be commissioned in conjunction with CIP projects or as Special Initiative projects, including retrofits of existing locations. PROJECT OPPORTUNITIES (2007-2020) Beach Ai. Beach Access Areas A2. Clearwater Beach A3. Beach Parking Garage A4. Beach Interpretative Project A5. Memorial Causeway Trail Downtown A6. Coachman Park A7. Downtown Boat Slips A8. Downtown Library A9. Walking Streets - Temporary Projects Ai0. New City Hall Aii. Downtown Parking Ai2. North and South Downtown Gateways Ai3. City Office Buildings Ai4. Cleveland Street Medians Ai5. Entry Arterials - Court, Chestnut and Gulf to Bay Ai6. Gulf to Bay Entry Element! Crest Lake Park Recreational and Cultural Ai7. Joe DiMaggio Sports Complex Renovation Ai8. Ruth Eckerd Hall Ai9. Courtney Campbell Causeway CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #41 Attachment number 1 Page 18 of 147 A1. Beach Access Areas Beach access points are one of the unique features of Clearwater's public realm, and a strong consideration as a location for public art. There are 27 Beach Access Areas in the City of Clearwater: 21 on Clearwater Beach and 8 on Sand Key. Three are adjacent to City or County parks that have large parking areas and wide sightlines to the beach, water and horizon. The rest are pedestrian paths that lead from the street through narrow, vegetated passages to the beach, and which provide little view of the beach or water until one passes through the dune zone. When the paths reach the entrance to the beach, there are sometimes a few amenities, such as signage, seating, landscaping, showers or restrooms. Most access points have a walkway that crosses through the environmentally sensitive dunes atthe beach. Pinellas County Environmental Services is partnering with municipalities to upgrade these crossings with boardwalks to protect dunes and vegetation. a. Goals . Help people identify the access area from both the street side and the beach side . Enhance the unique experience of transitioning from road to parking to dune crossing to beach . Create a recognizable, distinctive visual vocabulary throughout the City for beach infrastructure . Add a sense of color, texture and identity to each area . High light the qua lities of the natu ral envi ronment, but do not domi nate it. b. Public Art Approach Commission an artist to address the entire beach access environment, perhaps creating a series of works with similar elements for each beach access area. Alternatively, a platform could be created that would enable the program to commission several artists to execute artwork at each area. The Pinellas County Public Art and Design Program is considering commissioning similar projects throughout the County, and may organize a planning charrette to create general design guidelines for incorporating art into beach access projects. The City should pursue a partnership with Pinellas County to develop these guidelines and be a site for a demonstration project or projects. c. Budget Range The budget for individual beach access areas will depend on the approach, however an average of $10,000 should be allocated per access area. Funding could come from the Discretionary Fund. Between 2007 and 2010, the Public Art CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #fl Attachment number 1 Page 19 of 147 and Design Program should plan on art projects at 5 access areas and over that period of time should allocate $50,000 for these projects. Funding partnerships with Pinellas County Public Art and Design may also be possible. d. Timeframe Begin conversations with the Pinellas County Public Art and Design Program regarding participation in the planning charrette immediately. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item tiel Attachment number 1 Page 20 of 147 A2. Clearwater Beach Clearwater Beach is the City's signature destination; perhaps one of the top destinations along Florida's Gulf Coast. The mix of hotels, restaurants, shops and pedestrian activity add a special liveliness to this district. Public art along Clearwater Beach should be inspired first and foremost by the environmental qualities - the sun, sand, wind and water - that bring thousands of people there every year and make it a breathtaking place. The scale, scope and intensity of the central area of Clearwater Beach create an unusual canvas for a collection of engaging, playful and memorable projects that are unique to the region. a. Goals . Reflect the fun, dynamic nature of the beachfront; capture the spirit of Clearwater's playful atmosphere; speak to the diverse audiences that come to the beach . Respond to the sensory qualities of the beach environment, but do not dominate the environment . Define landmarks, gathering places and meeting places . Orient artworks so that they are clearly public b. Public Art Approach Consider the beach area and all of its elements - from sand walls to lifeguard chairs to shower poles and sand equipment to the pier and concession structures - as a canvas for a unique collection of signature projects. Invite artists to explore sites and ideas and create site-specific proposals that reflect their experience of the place. Works of art could be functional or site-specific; they could vary in scale, media and material; and they could consider interactive approaches that react to the environment or encourage user interaction. c. Budget Range and Funding Source Projects can range in size, depending on the scale and scope of the project. Funds can come from the percent-for-art generated from improvements to Pier 60 or from the Discretionary Fund. Between 2007 and 2020, the Public Art and Design Program should allocate a total of $250,000 for 3 to 5 beach projects. d. Timeframe These public art opportunities are not tied to capital projects, therefore they can be commissioned at any time funds are available. This is a high priority for Discretionary Funds. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #77 Attachment number 1 Page 21 of 147 A3. Beach Parking Garage Location TBD The City anticipates constructing one or more new garages to provide structured parking for Clearwater Beach, the City's Marina and beach businesses. These projects may be public-private partnerships and may be developed in conjunction with other private developments. Like any parking garage, these structures will present challenging design issues in a place that is meant to be oriented towards pedestrian movement. a. Goals . Enhance the beach area and relate to the overall visual character of the beach area . Provide a distinctive transition between the auto experience and the pedestrian experience . Assist with visual orientation in the beach area . Be visible day and night b. Public Art Approach Commission an artist to create a site-specific artwork for the facility that meets the goals for the beach area and the specific project. The artist should be commissioned early in the design process so that their work can be fully integrated into the space. c. Budget Range and Funding Source. The budget for this project should be a minimum of $125,000, funded through the percent-for-art on the capital project. If necessary, funds from the privately sponsored portion of the project should also be set aside for public art. d. Timeframe Commence artist selection immediately upon selection of the firm to design the ga rage. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item tif? Attachment number 1 Page 22 of 147 A4. Beach Interpretive Project The beach areas in Clearwater are currently undergoing a significant economic and architectural transformation. Older "mom and pop" motels, restaurants and stores are being replaced by high-rise condos and hotels. The "old" Clearwater, much of which dates back to the boom days of the 1920's and the postwar era, is fading. There is a desire to document the past visual and social character of this part of the city and to use that documentation as a stimulus for public reflection on the changing nature of Clearwater. a. Goals . Preserve images, artifacts and/or stories of Clearwater's social, cultural and/or natural history . Create opportunities for the public to experience the layers of Clearwater's past b. Public Art Approach Commission an artist or artist team to create a public art project or a series of projects for the beach area that document and reveal elements of Clearwater's history. The selected artist will develop a methodology that engages Clearwater residents about their memories, as well as utilizing other methods of research and investigation to inform their work. The call to artists should be open as to the location and type of artwork. Finalists should present proposals regarding their methodology, the location for their artwork, and the media. c. Budget and Funding Source The budget for this project could range from $25,000 to $60,000. Funding would come from the Discretionary Fund or private fundraising. Seek partnerships with organizations interested in preserving Clearwater history. d. Timeframe Commission this project as soon as funds become available. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #91 Attachment number 1 Page 23 of 147 A5. Memorial Causeway Trail Clearwater's city trail system includes a link to Clearwater Beach. A bicycle and pedestrian path was incorporated into the recently completed Memorial Bridge that links the Memorial Causeway to the main peninsula. A short trail segment - along a bridge over an inlet at the west end of the causeway - remains to be completed. The construction of this segment, which will include a new bridge for the trail, is a good opportunity for thinking about the integration of public art along the causeway trail. a. Goals . Make visual connections between the beach and downtown . Create linkages to adjacent areas b. Public Art Approach Commission an artist to work with the designers to create unique bridge elements, such as railings or markers. Consider expanding the scope of work to include art elements along the entire causeway and bridge trail - either functional elements or site specific works - or commissioning an artist to create an enhanced trailhead area at the western end of the trail. c. Budget Range and Funding Source The artwork budget for the trail bridge should be a minimum of $75,000. The budget for trailhead artwork should be a minimum of $15,000. If the artist is designing a functional element, the baseline budget for that functional element should be credited to the art budget. Percent-for-art funds from this capital project should be used to fund the public art. If necessary, additional funds should come from the Discretionary Fund. d. Timeframe Public Art and Design staff should monitor this project with Public Works and, at the appropriate time, develop a scope for the artist or artists. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #.& Attachment number 1 Page 24 of 147 A6. Coachman Park 301 Drew Street Coachman Park is a key destination on the western edge of downtown and Clearwater Harbor. It is adjacent to the Bayfront Tennis Complex, Clearwater Main Library, Harborview Center and the planned new municipal Downtown Boat Slips and promenade. The park is a popular location for festivals such as Clearwater Jazz Holiday, Clearwater Celebrates America Fourth of July Festival and the Christmas Under the Oaks Arts Festival. The park consists largely of 20 acres of open space and the Charles Wharton Johnson Pavilion, an open-air theatre. The City of Clearwater anticipates redeveloping Coachman Park within the coming decade. The proposed project provides for the expansion of Coachman Park to include the Drew Street extension, under the new Memorial Causeway Bridge, the Harborview parking lot and Cleveland Street west of Osceola Avenue. The Harborview Center, Bayfront Tennis Courts, the Bayfront Memorial Park and the waterfront area are included in the project scope. Any redevelopment of Coachman Park will require approval by Clearwater residents through a referendum process. b. Goa Is . Make visual and pedestrian connections within the park and between the park, downtown, and the Intracoastal Waterway . Create a sense of destination year-round, draw people of all ages and cultures into the park and adjacent downtown area . Integrate art into the overall design of the park . Compliment the event-oriented nature of the space . Reflect the importance of Coachman Park as one of the City's most important public gathering places c. Public Art Approach Plan for public art early on the process; select an experienced design team artist or artist team to be a member of the interdisciplinary team that will be hired to redesign the park. During the concept and planning phase, identify and explore ideas for integrating artwork into the landscape, collaborating on the design of park elements, and site-specific commissions. The artist or artist team that works on the concept plan can be invited to submit proposals for projects, or other artists could be solicited. d. Budget Range and Funding Source Coachman Park will be a CIP project and will generate percent-for-art funding. The current allocation in Penny 3 will generate $50,000. Other funds will also be CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #.11 Attachment number 1 Page 25 of 147 sought for the renovation, but the total overall budget for the renovation, and therefore for the public art component, is still unknown. Because of the importance of Coachman Park, the total public art budget for this project should be a minimum of $350,000 for concept planning, conceptual design, final design, fabrication and installation. A minimum of 10 percent of that budget should be allocated for concept planning and conceptual design. This may require that additional funds, in addition to percent-for-art funds, be sought for this project. e. Timeframe Begin selection process for design team artist(s) at the same time as the selection of the concept plan consultant team. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #.21 Attachment number 1 Page 26 of 147 A7. Downtown Boat Slips Drew Street, north and south of the Memorial Causeway A new marina with approximately 129 public boat slips is planned for construction on the downtown waterfront. This project will also include renovations to the Drew Street Pier building, parking improvements, landscaping and a landing for ferry service to the beach and commercial pickup/drop-off. Along with Coachman Park, this will create a new area of activity along the downtown bayfront. The funding for the project was approved by voters in a referendum in March, 2007. a. Goals . Create a strong visual presence when viewed from Coachman Park and Cleveland Street . Encourage non-boat owners to come and experience the water . Enhance the multi-sensory experience of interacting with the water and the waterfront . Welcome people to the downtown waterfront b. Public Art Approach Select an artist to work in collaboration with the interdisciplinary team that will be designing the boat slips and adjacent amenities. This artist can participate and influence the design of the public spaces and/or create a site-specific work of art that will meet the goals of the project. Consider integrating the art into the infrastructure of the slip, creating a stand-alone sculpture on a platform in the water, or kinetic art that incorporates tidal movement. c. Budget Range and Funding Source The total recommended budget for this project is $150,000. If the boat slip funding sources allow for percent-for-art, about $110,000 would come from that source. Additional funding from the Discretionary Fund should be allocated to increase the total public art budget. d. Timeframe Begin selection process for artist(s) at the same time as the selection of the design team for the overall project. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #.~ Attachment number 1 Page 27 of 147 A8. Downtown Library 112 N. Osceola Avenue Clearwater's new Main Library opened in the spring of 2004, just to the east and up the hill from Coachman Park. This handsome new facility, designed by Robert A. M. Stern, is a high-profile location for public art because of it is distinctive architecture, high public use and importance as a gathering place, but none was included in the initial project. Temporary exhibitions have been held in the library lobby and gallery. a. Goals . Create a strong visual dynamic with the building architecture . Enhance connections to downtown along Drew Street and to Coachman Park . Create a marker that conveys a sense of arrival downtown . Engage and surprise library viewers b. Public Art Approach Invite an artist to propose a site-specific public artwork that meets the goals of the project. c. Budget Range and Funding Source A minimum of $150,000 from the Discretionary Fund or private fundraising should be allocated for public artwork. d. Timeframe The timeframe for this project is flexible because it is an existing facility. Planning for the project could begin before funding is entirely in hand. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item '#.41 Attachment number 1 Page 28 of 147 A9. Walking Streets - Temporary Projects Cleveland between Myrtle and the Bayfront, Osceola between Drew and Court, and Ft. Harrison, Garden and East Avenues north and south of Cleveland As the downtown area redevelops, it will develop a focus on restaurants, the arts, and more residences. It will also become more oriented towards pedestrians: downtown residents, workers and visitors will be encouraged to leave their cars behind and walk to an increasing number of restaurants, shops and other destinations. Temporary public art projects throughout downtown walking streets can become part of the pedestrian experience and add to the reasons that people feel it is desirable to walk downtown. a. Goals . Motivate people to walk and explore . Create a sense of surprise and excitement . Create a sense of pedestrian scale, even on blocks with large developments or little streetfront activity . Reinforce key pedestrian linkages . Showcase regional and emerging artists b. Public Art Approach There are two approaches to commissioning temporary works of art on downtown walking streets. The first is an ad hoc approach that would be based on partnerships to generate projects. For example, the City could partner with Pinellas Suncoast Transit Authority (PSTA) to do projects at bus shelters or bus stops or with civic organizations or schools to do street paintings or bench projects. Construction projects could have artist-created construction fence murals or other interesting artwork to visually mitigate the eyesore. The downtown wayfinding system could be expanded to include platforms for displaying temporary artworks. Property owners could be encouraged to install two-dimensional works of art on their buildings, do temporary projections, or other projects. The second approach would be to organize an annual, curated temporary art exhibition downtown. For example, five to ten artists could be commissioned to create temporary works for a period of time throughout downtown. This could be modeled after projects such as "Avenue of the Arts" in Kansas City, Missouri; "The Cambridge River Festival" in Cambridge, Massachusetts; or "The Three Rivers Festival" in Pittsburgh, Pennsylvania. The exhibition could be housed within the Public Art and Design Program or with a partnering organization, so long as the Public Art and Design Program provides expertise in commissioning the artwork. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #.fl Attachment number 1 Page 29 of 147 c. Budget Range and Funding Source Budgets for the ad-hoc approach would depend on the type of project and how long it would be in place. Individual project budgets could range from $5000 upwards. A curated temporary art exhibition would require funding for the projects as well as for administration, marketing, and documentation. A minimum budget for an annual exhibition would be $50,000. Funding and support could come from civic and/or private project partners. d. Timeframe Begin immediately to seek support for partnering on projects on an ad-hoc basis or as part of a larger exhibition. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item tiel Attachment number 1 Page 30 of 147 Al0. New City Hall and Parking Garage Location TBD The city has begun early planning for a new, signature City Hall, which might include a parking garage for employees or the public. The specific location has not been determined. The City is also in discussions with Pinellas County and the Pinellas Suncoast Transit Authority (PSTA) to create a joint facility or civic campus downtown. If the project expands to include a new County Courthouse and/or PSTA bus terminal, then the public art program for the full site should be coordinated and each partner should contribute financially to the artwork. a. Goals . Create a strong visual destination downtown . Reflect City Hall's civic importance . Welcome visitors . Reinforce newly created public gathering places . Create visual connections to adjacent uses b. Public Art Approach Public art can be planned for early on in the design of the new City Hall, including any anticipated new public spaces. During master planning, the Public Art and Design Program should work with the master plan team to identify art opportunities for integrating site-specific works of art in the buildings and public spaces. Once opportunities have been identified, commission an artist or team of artists to develop site-specific project concepts. c. Budget Range and Funding Source Allocate a minimum of $250,000 for one or more artworks commissioned in relation to this project, which will comprise one of the City's most important civic spaces. This budget may exceed the percent-for-art allocation for the building. Therefore, Discretionary Fund resources and possibly funds from private fundraising should be committed to this project to make up the difference. d. Timeframe The City has not set a specific time-frame for master planning. The Public Art and Design Program should coordinate efforts at the senior management level. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item th7 Attachment number 1 Page 31 of 147 All. Downtown Parking Location TBD The City has allocated funding to address future downtown parking needs, potentially by building a new garage. The specific location or locations for additional parking, the type of structure or facility, and the potential for public-private partnerships have not been finalized. No matter what size, shape or location, parking facilities can have a strong visual presence and can benefit through the inclusion of public art. a. Goals . Enhance downtown skyline and relate to the overall visual character of the downtown area . Provide a distinctive transition between the auto experience and the pedestrian experience . Assist with visual orientation . Be visible day and night b. Public Art Approach If a parking structure is constructed, an artist can be commissioned to create work that would alter or be integrated into an element of the garage design such as the fa<;:ade, grille-work, or entries. c. Budget Range and Funding Source Allocate a minimum budget of $62,500 for this project, funded through the percent-for-art on the capital project. d. Timeframe Select an artist early in the design process so their work can be integrated into the design. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item tiEl Attachment number 1 Page 32 of 147 A12. Downtown North and South Gateways Myrtle Avenue at the intersection of the Pinel/as Trail (Palm Bluff intersection) Fort Harrison at the intersection of the Pinel/as Trail (between 0 and E Streets) Myrtle Avenue and Fort Harrison Avenue/Old Alternate 19 are important entries to downtown Clearwater from the north and south. They also intersect with the Pinellas Trail at key points that also mark the transition into the downtown area. Though there are no CIP projects planned for these areas, there is a strong desire to create art projects that mark the gateways to downtown. a. Goals . Mark passage into downtown and reinforce these locations as important places in the City's visual structure . Identify the downtown as a place where art and culture are part of the built environment . Draw attention to access the Pinellas Trail . Provide an oasis for trail users and pedestrians b. Public Art Approach Commission an artist or artists to work within the footprint of the triangle-shaped parcels of land where the road and trail intersect. The artistjs could create an environment using sculpture and landscape, providing an amenity for pedestrians and trail users and an organic and/or playful work which marks the entry to downtown. Different artists could be commissioned for each site, or a single artist could create a pair of complimentary works. The projects could be commissioned simultaneously or in sequence, allowing the projects to influence each other in different ways. c. Budget Range and Funding Source Allocate a minimum of $75,000 for each site. This project would be funded through the Discretionary Fund. d. Timeframe This timing for this project would be determined by available funding. Should the Pinellas Trail or the streetscape be redeveloped at these sites, the Public Art and Design Program should consider doing this project in conjunction with these improvements in order to leverage resources. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #.91 Attachment number 1 Page 33 of 147 A13. City Office Buildings City Hall, 112 S. Osceola Avenue Municipal Services Building, 100. South Myrtle Avenue Fire Station No. 45, 610 Franklin Street Police Headquarters, 645 Pierce Street Downtown is home to City Hall, the Municipal Services Building, Fire Station No. 45 and the Police Headquarters. Many of these facilities are at prominent locations and are frequently visited by citizens. Some of these facilities could be renovated, replaced or relocated in the next decade. All of the facilities - existing or new - are possible locations for public art. a. Goals . Enhance the "curb appeal" of the facility . Welcome visitors and create a marker that lets visitors know that they have arrived downtown . Reinforce the civic importance of these places . Show that Clearwater values the arts b. Public Art Approach Buildings slated for redevelopment, demolition or decommissioning as public facilities should only be provided with artwork that is temporary or portable. When major renovations or new facilities are being planned, artists should be invited to submit proposals for site-specific works. c. Budget Range and Funding Source Commission art for renovation projects only if they generate percent-for-art funds; these projects are a low priority for the Discretionary Fund. Budgets for art in renovation and new construction projects will depend on the scale, siting and permanence of the artworks. d. Timeframe For permanent, site-specific artworks, the artist selection process should begin early in the planning process for renovation or new construction. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item 1Ml Attachment number 1 Page 34 of 147 A14. Cleveland Street Medians Cleveland Street between Myrtle and the watetfront Clearwater is currently rebuilding Cleveland Street, its traditional downtown main street, between Myrtle Avenue and the bayfront, with a special focus on pedestrian amenities and promoting retail and dining. Three locations for public art have been identified for the redesigned segment of Cleveland Street. These constitute pedestals that are positioned in the pedestrian oases at pedestrian crossings midway through each of the three blocks of the project. a. Goals . Install memorable, distinctive artwork that creates a sense of destination and enhances the city's identity . Commission artwork that is of an appropriate scale to the space and structure b. Public Art Approach Invite an artist to propose site-specific public artworks for all three sites. c. Budget Range and Funding Source Depending on the scale and materials, approximately $35,000 to $50,000 should be budgeted for each site, for a total of $105,000 to $150,000. The Discretionary Fund, philanthropic or private development partners should be sought to support th is project. d. Timeframe Begin artist selection when full funding becomes available for the project. Begin consulting potential partners and stakeholders immediately. Because public art has been identified as a contributing factor in enhancing the overall downtown experience, high priority should be given to this project. The streetscape is scheduled to be completed by late 2007. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item 11,11 Attachment number 1 Page 35 of 147 A15. Entry Arterials Court, Chestnut, Cleveland and Gulf to Bay between Myrtle Avenue and Highland Penny 3 will include funding for many streetscape enhancements in the downtown area, including several of the arterials between Myrtle and Highland. Should Gulf to Bay/Cleveland, Court Street and Chestnut Street be upgraded, they would be appropriate streets for the involvement of an artist. a. Goals . Enhance the look and feel of these important civic corridors into Downtown . Create a visual progression, letting people know they are heading in the right direction to get downtown and to the beaches b. Public Art Approach Hire an artist or artist team to be a part of the streetscape design team. Based on their work as part of the team, these artists can create unique streetscape elements or site-specific works to be located along the street, or the team may identify platforms for temporary artwork. c. Budget Range and Funding Source Pay each member of the artist or artist team $5,000-$15,000 to participate on the design team, depending on the scope of the project and the scope of work (approximately $75-100/hour). Allocate additional funds for design, fabrication and installation of work not created as part of the baseline streetscape project. Funds for hiring the design team artist or artists should come from the percent-for- art funds generated by the streetscape improvements. Public art funds - whether from percent-for-art or the Discretionary Fund - should pay for the difference in cost between the basic streetscape improvements and the enhanced public art improvements. d. Timeframe Select the artist in time to begin work with the rest of the streetscape design team. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #'21 Attachment number 1 Page 36 of 147 A16. Gulf-to-Bay Gateway ElemenVCrest Lake Park 201 Glenwood Ave. Many visitors to Clearwater's downtown and beaches travel along Gulf-to-Bay Boulevard. Drivers traveling west encounter a fork in the road at Highland, with Court Street being the most direct route to the beach, and Gulf-to-Bay Boulevard/Cleveland Street being the most direct route to downtown. This place marks the beginning of the greater downtown district, and Crest Lake Park, which is adjacent to the intersection, has been identified as a potential location for a downtown gateway marker. a. Goals . Create a sense of arrival downtown and communicate that downtown is a dynamic destination . Create a visual cue that you have arrived in the downtown area and reinforce this location as important places in the City's visual structure . Set the tone that you are entering into a special district . Be of an appropriate scale that creates an impression and is able to compete with the visual clutter of the highway environment b. Public Art Approach The key opportunity site for an artwork at this location is the edge of Crest Lake Park, on the north side of Gulf to Bay, east of Highland. Because of the prevalence of highway-style directional signs in the area, as well as signs that are part of the City's wayfinding system, vertical gateway elements might be lost in the visual clutter. Instead, a long, linear project might have greater impact. The entire edge of Crest Lake Park might be considered as the location of the artwork. Use a competitive artist selection process to select an artist to create a work of art that meets the project goals. c. Budget Range and Funding Source Allocate a minimum budget of $350,000 for this project. Fund this project through the Discretionary Fund and/or philanthropic sources. d. Timeframe Monitor plans for streetscape improvements on Gulf to Bay or enhancements to Crest Lake Park. Should one of these enhancements be scheduled as a CIP project during the next 10 years, the public art project should be implemented in conjunction with that project. Otherwise, artist selection should begin as funding becomes available through the Discretionary Fund. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #,~ Attachment number 1 Page 37 of 147 A17. Joe DiMaggio Sports Complex Renovation 2450 Drew Street The City intends to undertake a complete renovation of the Joe DiMaggio Sports Complex. The renovation may include eight new soccer fields and one major league baseball field, restrooms, concession building, press box, parking and other park amenities. The DiMaggio Complex is adjacent to Bright House Networks Field, Carpenter Field, the Progress Energy Trail, and the Ream Wilson Clearwater Trail with easy access from US 19. The project may be developed in partnership with a private entity that might provide additional recreational facilities. The DiMaggio Complex, considered in a broader setting that includes important trail connections and the nearby baseball fields, provides the most significant opportunity identified in this plan to create public art that celebrates Clearwater's love of outdoor recreation. Expectations for the level of artist involvement, approach to the artwork, and budget for the project should be set accordingly. a. Goals . Welcome people of all ages . Celebrate Clearwater's culture of outdoor recreation and leisure . Reflect the energy, activity and fun taking place in the facility . Create or enhance gathering places and meeting places . Enhance connections to adjacent recreational facilities, such as the trail and baseball stadium. b. Public Art Approach Include an artist or artists early in the design process for this facility. Encourage artists to focus their intervention on the connective and public features of the complex -- such as entryways, walkways, shared facilities - to highlight its civic, shared nature. Explore the possibility of expanding the scope of the project to include the adjacent trail and sports facilities, so that art can serve as a focal or connective feature for this entire area. c. Budget Range and Funding Source The budget for this project will depend on the final scope of the overall facility. It should not be less than $150,000 for the entire facility. Should the percent-for-art nottotal this amount, the Discretionary Fund and/or privately raised funds should be used. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #'41 Attachment number 1 Page 38 of 147 d. Timeframe The City has not finalized its timeframe for this project. Coordinate efforts with Parks and Recreation to establish a timeline and a detailed artist scope of work. When conceptual design of the facility begins, commission an artist to work with the design plan team to develop a project concept. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item tMl Attachment number 1 Page 39 of 147 A18. Ruth Eckerd Hall 1111 McMullen Booth Road Ruth Eckerd Hall is an important regional destination where people come to see world- class performances, and one of the more distinctive works of architecture in Pinellas County, as its design was completed by architects trained under Frank Lloyd Wright. A planned expansion of the Marcia P. Hoffman Performing Arts Institute, which is part of the Ruth Eckerd Hall facility, will provide additional space for classes and activities. This capital project provides an opportunity to commission a work of public art for the facility. This is the most significant project related to a cultural arts facility that has been identified in this plan. a. Goals . Enhance the overall experience of visiting Ruth Eckerd Hall . Compliment the architecture of the facility b. Public Art Approach Invite an artist to propose a site-specific artwork for the site. c. Budget Range and Funding Source A minimum budget for an artwork at this facility should be $80,000. The CIP project will generate $40,000 for public art through percent-for-art. An additional $40,000 should be raised for the project through private fundraising or the Discretionary Fund. d. Timeframe Begin artist selection when the design of the capital project begins. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #'fl Attachment number 1 Page 40 of 147 A19. Courtney Campbell Causeway The Courtney Campbell Causeway is one of the most important entry points to Clearwater and Pinellas County. It is a dramatic route, a straight long roadway that is enclosed by low mangrove and palm stands on one side and lined by a beach on the other, with Tampa Bay and the open sky a constant presence. As the most direct route for tourists and visitors who arrive at Tampa International Airport and want to head to the beach, the combination of its length and landscape provide remarkable transition from urban Tampa into Clearwater. It is also heavily used by commuters. In addition to being a major thoroughfare, the Causeway is an important recreation area, particularly for water-related activities. The City is beginning a study of how the recreation area can be upgraded into a recreational trail, and what the possibilities are of linking the trail to Hillsborough County via a bridge over the main channel. a. Goals . Create a signature landmark that welcomes people to the City and enhances the entry experience. . Engage viewers at multiple scales - both vehicular traffic and people using the recreation area and trail. b. Public Art Approach Key opportunities are the western end of the causeway, where it meets the peninsula, recreation areas, infrastructure elements (lighting, railings) that border the causeway, and any new bridge structure. The artwork should take into account the weather conditions that may impact the site. Given these opportunities and conditions, artist might be asked to consider a long, linear, landscape-based approach to the art project as well. A specific scope of work should be prepared for artist involvement and an artist should be invited to develop a project concept, and fabricate and install a project or projects for the site. c. Budget Range and Funding Source For a project of this scale and importance, allocate a minimum of $250,000. Seek a funding partnership with the Pinellas County Public Art and Design Program; this project is being recommended as a priority in the County's public art master plan. Percent-for-art funds may be available if the City proceeds with the upgrades to the recreation area and trail. Otherwise, Discretionary Funds should be used. d. Timeframe Develop a specific scope of work for involving an artist in conjunction with the recreational trail study. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #'77 Attachment number 1 Page 41 of 147 Projects that support CIVIC CONNECTIVITY These projects create a visual language that helps make the places that connect Clearwater neighborhoods identifiable and unique. These places could be considered "common grounds" for Clearwater's residents; places where neighborhoods come together through recreation and social activities, and places that literally provide threads that enable people to move from one neighborhood to the next. These places include infrastructure systems that link different parts of the City (trails, stream corridors), or places that touch and knit together multiple neighborhoods (special parks and recreation facilities). Public art can be commissioned in conjunction with CIP projects or as Special Initiative projects, including retrofits of existing facilities. PROJECT OPPORTUNITIES (2007-2020) 81. StreamjStormwater Corridors o Cooper's Point Nature Park 82. City Trails 83. Recreation Facilities o Morningside Recreation Center o Countryside Family Aquatics o Senior Facility 84. Reverse Osmosis Plant CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #'fl Attachment number 1 Page 42 of 147 B1. Stream/Stormwater Corridors Cooper's Point Park will be the next of a series of parks built along stormwater corridors that serve to provide a regional recreational amenity as well as to provide an ecologically responsible method of stormwater management. Ultimately, these parks will create a "necklace" of communitywide destinations along three of Clearwater's main stream corridors: Alligator Creek, Allen's Creek and Stevenson Creek. These parks, with their connectivity to each other and to the creek system, as well as their natural beauty, make them attractive and important places for public art. a. Goals . Highlight the City's natural assets and richness . Showcase Clearwater's environmental leadership and innovation . Promote education around environmental challenges . Build a new connective tissue that links Clearwater's neighborhoods b. Public Art Approach Artists can be involved developing site-specific works of art for stormwater management parks that enhance appreciation of the waterways and/or make visible the stormwater management processes for educational purposes. c. Budget Range The budget range for public art at Cooper's Point Park should be $50,000 - $80,000. The Public Art and Design program should investigate if the capital project is eligible for percent-for-art funding, based on the restrictions of the bond issue that will fund the project. Otherwise, the Discretionary Fund should be used. d. Timeframe Include an artist on the design team for this project when that team is selected. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #'91 Attachment number 1 Page 43 of 147 B2. City Trails The City of Clearwater has an expanding trail system, connecting with the Pinellas County trail system and trails in adjacent municipalities. As it is completed, it will become an increasingly important way for people to get around, allowing residents and visitors to bike (and walk or run) throughout the City for recreation or to travel from neighborhood to neighborhood and to downtown and the beaches. The trail system will be completed with Penny 3 funds as well as other State and Federal grant funds. Public art can enhance the experience of using the trail system in many ways. Artworks could range from artist-designed infrastructure to site-specific works in key locations. Artwork along trails will have the most impact at "nodes" - places where the trail intersects with important destinations or environmental or cultural features. These "nodes" may be at places where this plan is already recommending a public art project. Or, these nodes may be at other places in the City that support the public art program's goals to contribute to the CITY IMAGE, to strengthen CIVIC CONNECTIVITY, or to support NEIGHBORHOOD IDENTITY. CITY IMAGE Potential locations related to project opportunities listed in the master plan: . AS. Memorial Causeway Trail . A2. Pier 60 Park . A6. Coachman Park . Al0. New City Hall . A13. Police Station . A14. Cleveland Street . A1S. Entry Arterials . A12. North and South Gateways . A17. Joe DiMaggio Sports Complex . A19. Courtney Campbell Causeway Other potential locations: . Downtown Post Office . East AvenuejPinellas Trail . PSTA Terminal . Bright House Networks Field . Bayfront Tennis Complex CIVIC CON N ECTIVITY Potential locations related to project opportunities listed in the master plan: CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #,(1 Attachment number 1 Page 44 of 147 . 81. Cooper's Point Nature Park . 81. Glen Oaks Park . 81. Alligator Creek Corridor (Cliff Stephens Park) Other potential locations: . Countryside Sports Complex . Carpenter Field . McMullen Tennis Complex . Long Center . Eddie Moore Recreation Complex . Clearwater High School NEIGHBORHOOD IDENTITY: Potential locations related to project opportunities listed in the master plan: . C2. NE Coachman Park . C2. Cliff Stephens Park . C2. Countryside Community Park . C2. Countryside Sports Complex Other potential locations: . Ed Wright Park . Kapok Park . Moccasin Lake Nature Park . Wood Valley Park . Coachman Ridge Park . Del Oro Park . Eisenhower Elementary School a. Goals . Enhance the experience of moving along the trail . Call attention to places and phenomena of interest along the trail . Call attention to the trail from adjacent areas . Create a recognizable, city-wide infrastructure that defines the trail system b. Public Art Approach The approach to commissioning artwork for the City trail system depends on both the availability of public art funding and the schedule for building the trails. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #.11 Attachment number 1 Page 45 of 147 Work with Parks and Recreation Department planners to create a work plan for public art on trails so that art projects can be commissioned in a strategic way. The workplan should be based on an analysis of upcoming trail construction schedules, as well as planned CIP projects adjacent to the trail system that might generate trail-related artwork. When possible, top priority should be given to projects at CITY IMAGE nodes, followed by CIVIC CONNECTIVITY nodes and then NEIGHBORHOOD IDENTITY nodes. A variety of types of art projects could be commissioned, depending on the needs of the site and the available budget. Artists could be involved in designing trail infrastructure elements, such as bridges, trailhead areas, and furnishings. Artists could be commissioned to create site-specific artworks that reflect and draw attention to areas through which the trail is passing. Artists could identify a series of public art projects throughout the trail system that relate to one another and that can be implemented over time, such as a series of kiosks, trail markers, shade structures, bridge railings or another group of serial works designed by artists. c. Budget Range and Funding Source Individual project budgets will vary depending on the scope of the project. Funding for trail projects should come from the percent-for-art on trail construction projects in the CIP; these funds should be pooled so that can they can be spent anywhere along the trail system, not just on the segment being built. The current CIP identifies $33,600 for public art from construction of recreation trails (Penny 2). There will be an additional $30,000 percent-for-art for recreation trails generated by Penny 3. Where trails pass by the locations of other CIP projects, the budgets for these projects could be combined. Allocate at least $20,000 annually to trails projects. Funds could be used to commission single works of art annually, or could be accumulated over multiple years to commission larger-scale works of art or works at multiple sites simultaneously. Funds could also be used in combination with public art funds at "nodes" where the trail intersects with another priority public art opportunity. When percent-for-art funds are not available, the Discretionary Fund should be used. d. Timeframe Project timing will depend on availability of funds and the level of integration into the capital project. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #.21 Attachment number 1 Page 46 of 147 B3. Recreation Facilities The City's recreation facilities are important and popular destinations and places where residents meet and socialize, in addition to participating in recreational activities. As the City renovates or builds new facilities, it is moving towards a model of having each facility specialize in a function or activity that serves a wide range of neighborhoods or the City as a whole (such as aquatic centers or skate parks). There is an opportunity to include public art as part of the recreation experience. The following recreation facilities are tentatively planned for renovation or construction. . Morningside Recreation Center . Countryside Family Aquatics . Senior Facility a. Goals . Create memorable experiences and encourage repeat visits . Create a sense of connection among neighborhoods by addressing the shared, civic aspect of these facilities . Create opportunities for community involvement . Create the opportunity for artistic experiences as part of the overall recreation experience b. Public Art Approach An artist or artists should be brought on early in the design process for these facilities. Artists should be encouraged to create work that is integrated into the facility design. Artists should especially consider possibilities for incorporating art into the civic elements of the facilities, such as entryways, gathering places and circulation areas, so that the art can be experienced by all who visit the facility. c. Budget Range and Funding Source Budgets for recreation facilities should be in a range of $25,000 - $50,000. Funding should come from percent-for-art funds generated by the CIP projects. d. Timeframe Artist selection should coincide with design of the facility. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #,~ Attachment number 1 Page 47 of 147 B4. Reverse Osmosis Plant Location TBD The City of Clearwater Public Utilities obtains its water supply, in part, by pumping groundwater and purifying it. The City will be building two additional reservoirs for the Reverse Osmosis Plant in order to increase its production capacity. a. Goals . Support the mission of Public Utilities to educate the public about water resources . Make elements the City's water infrastructure visible and/or understood b. Public Art Approach Explore a public art project that would address the environmental and engineering issues around water resources and the City's stewardship of the water supply. Because the plants themselves will not be highly visible, consider alternative locations that are connected to the water system but of higher visibility than the plants. c. Budget Range and Funding Source Funding for the Reverse Osmosis Plant is a CIP project and is bond funded. The percent-for-art budget is $200,000. d. Timeframe The timeframe will depend on whether the funds can be spent off-site. If so, the planning for this project can begin as soon as funds become available. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #.41 Attachment number 1 Page 48 of 147 Projects that support NEIGHBORHOOD IDENTITY These projects create points of pride within individual neighborhoods in Clearwater. These projects could include a much stronger level of community involvement than those in other categories. These projects will generally be CIP projects only. Projects should be focused on new construction, expansions or major renovations; retrofits of existing facilities are generally not recommended. PROJECT OPPORTUNITIES (2007-2020) C1. Neighborhood Fire Stations o Fire Station No. 48 o Clearwater Beach Fire Station o Lakeview Fire Station o Countryside Fire Station C2. Neighborhood Parks and Youth Sports Fields C3. Libraries o Countryside Branch Library o East Branch Library CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #'fl Attachment number 1 Page 49 of 147 C1. Neighborhood Fire Stations Fire Station No. 48 Clearwater Beach Fire Station Lakeview Fire Station Countryside Fire Station Clearwater is renovating and expanding several of its fire stations. Each project will provide an opportunity for a neighborhood-scaled art project. a. Goals . Be welcoming to the firefighters and visitors to the facilities . Be visually attractive and an asset to the neighborhoods in which the facilities are located . Make each station unique and distinguish it from other stations b. Public Art Approach Encourage artists to create work that is integrated into the facility design. c. Budget Range and Funding Source Allocate a public art budget in the range of $18,000 - $45,000 for projects at each of these facilities. Funding should come from the percent-for-art generated from the capital project. d. Timeframe Commission an artist early in the design process for these facilities so that art projects can be integrated into the design and the construction drawings, if necessa ry. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #'el Attachment number 1 Page 50 of 147 C2. Neighborhood Parks and Youth Sports Fields The Parks and Recreation department has 40 neighborhood-scale parks, which vary in size from .5 acres to 10 acres, and several Youth Sports Fields that Clearwater residents use for baseball, softball, soccer, and other sports activities. These parks and fields are generally used by residents from adjacent neighborhoods and have a combination of active and passive uses. There are two new neighborhood parks being planned (Sals Lake and State Street) for 2010-2020 and many park renovations (preliminary plans indicate Northeast Coachman, Wood gate, Valencia, Cliff Stephens, Charles, and Overbrood). There are also plans for the renovation of existing sports fields and the construction of new sports facilities (preliminary plans call for renovations of Sid Lickton Park, Countryside Community Park, Frank Tack Park and Countryside Sports Complex as well as new facilities for North Clearwater). a. Goals: . Reflect and celebrate the local neighborhood . Help create a unique identity for the park . When possible, integrate artwork into the design so that the parks or trails themselves are works of art b. Public Art Approach To the extent possible, percent-for-art funds generated by Neighborhood Park and Youth Sports Field projects should be pooled and spent on one or two projects. Priority should be given to projects that link Neighborhood Parks and Sports Fields to the City trail system. c. Budget Range and Funding Source Penny 3 funds will generate $50,000 for public art from Neighborhood Parks and $70,000 from Youth Sports Fields. These funds should be spent on two to four projects. The Highland Avenue widening project funded by Penny 3 may also generate up to $25,000, which should be spent on a public art project in a nearby Neighborhood Park, Sports Field or other neighborhood gathering places. Should additional funding become available through the Discretionary Fund, priority should remain with projects that link neighborhood parks to the City trail system. d. Timeframe Commission an artist early in the design process for these facilities so that art projects can be integrated into the design and the construction drawings, if necessa ry. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #.77 Attachment number 1 Page 51 of 147 C3. Neighborhood Libraries Countryside Branch Library East Branch Library The City of Clearwater has four neighborhood libraries in addition to the Downtown library. Two of them, the Countryside Branch Library and the East Branch Library, are scheduled for replacement as Penny 3 projects. It is proposed that the current buildings will be demolished and new libraries will be reconstructed on the same sites, providing a two-story facility and doubling the amount of space. a. Goals . Delight the visitor . Encourage people to spend time, to linger . Reflect the neighborhood in which the library is sited b. Public Art Approach Commission an artist or artists early in the design process for each facility. Encourage artists to create work that is integrated into the design of the facility. c. Budget Range and Funding Source The budget range for neighborhood library projects should be $50,000-$65,000. Funding should come from the percent-for-art generated from the capital project. d. Timeframe Commission an artist early in the design process for these facilities so that art projects can be integrated into the design and the construction drawings, if necessa ry. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #'El Attachment number 1 Page 52 of 147 PRIVATE DEVELOPMENT: KEY OPPORTUNITIES ON PRIVATE PROPERTY Permanent public art projects, such as the Cleveland Street Medians (A14) and temporary projects, such as Walking Streets (A9) can help to enliven downtown streets and enhance the pedestrian experience. Item # 7 Attachment number 1 Page 53 of 147 PRIVATE DEVELOPMENT: KEY OPPORTUNITIES ON PRIVATE PROPERTY Clearwater is one of the increasing number of cities in Florida and elsewhere that has adopted policies for incorporating public art into private development. So far, the City has developed two mechanisms for accomplishing this: . Percent-for-art - City of Clearwater Ordinance No.7 489-05 requires that private development projects with an aggregate job value of at least $5 million allocate 1 percent of construction costs for on-site public art or contribute 0.75 percent to the City Public Art and Design Fund. . Zoning Bonus - In certain areas of the City, developers can obtain density credits for including certain amenities as part of their development. The eligible amenities include public art. A third opportunity is on the horizon. When the City issues a Request for Proposals (RFP) to developers for a specific development project, as it may do for the Harborview or the old City Hall sites, the City may include a special requirement in the RFP that the developer has to meet. One of these requirements could be a public art requirement above and beyond the normal requirements. This may be desirable in large-scale projects for which the City has determined that the $200,000 cap on the percent-for-art requirement for private development would not result the scale or type of project appropriate for the site. The following are a select list of potential development projects that would benefit from the inclusion of public art either on-site or as part of the improvements to the public realm that will be occurring as part of the project. These projects are singled out because they may involve a stronger role of the City and the Public Art and Design program either through planning, defining the opportunity, or setting the level of funding. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item "/Ml Attachment number 1 Page 54 of 147 Dl. Beach Promenade Areas Gulf Boulevard, Beach Drive and Mandalay Boulevard are the streets closest to the beach. These more 'urban' streets are places where tourists and beach visitors walk to shop, eat, get to and from the beach, and to take in the scene. There is a large amount of redevelopment going on in this area, and projects are of the scale that the developers will have sizable public art requirements. a. Goals . Create pedestrian scale works appropriate to the promenade nature of the area . Connect the beach to the rest of the Clearwater community - emotionally, physically and historically . Create memorable walking experiences throughout the district b. Public Art Approach As much as possible, artists should be invited in to explore sites and ideas and create site-specific proposals that reflect their experience of the place. Works of art could be functional or site-specific. c. Budget Range and Funding Source Projects can range in size, depending on the scale and scope of the project. These projects will be completed as part of the developer's public art requirement. d. Timeline Artist should be commissioned in time to integrate their work into the overall design of the development and the adjacent public realm. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item 1M! Attachment number 1 Page 55 of 147 D2. Marina District The Marina District is the area to the east of Poinsettia Avenue, north of Causeway Boulevard and south of the Clearwater Beach Recreation Complex. The current district is mixed-use residential, motel and limited commercial. The City is creating incentives to intensify development in this area, transforming it to a destination waterfront neighborhood with restaurants, retail, hotels and denser residential development. The area will also have streetscape upgrades and a developer-financed boardwalk along the bay. a. Goals . Integrate artwork into the public spaces of the development . Create an attractive skyline or visual interest from the downtown and causeway . Create memorable walking experiences throughout the district b. Public Art Approach An artist should be part of the team that designs the boardwalk and other public infrastructure for the district. Sections of the boardwalk and streetscape improvements may be implemented by developers, and should be done so at their own cost, not as part of their percent-for-art obligation. Private developers should also be encouraged to commission artwork that meets the goals of the public art program for the beach area. a. Budget Range and Funding Source For the design team project, the artist should be compensated for their time to work on 2-3 charrettes with the design consultant, at $75-$100jhour. Individual projects can range in size, depending on the scale and scope of the project. These projects will be completed as part of the developer's public art requirement. b. Timeline The design team artist should be hired at the same time as the design consultant for the overall development. For other projects, the artist should be commissioned in time to integrate their work into the overall design of the development. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #'21 Attachment number 1 Page 56 of 147 D3. Harborview Center 300 Cleveland Street Harborview Center is a city-owned meeting facility downtown, adjacent to Coachman Park. The City anticipates issuing an RFP for redeveloping this site in the coming years. a. Goals . Enhance the visual and physical connections to Coachman Park, the downtown boat slips, the library, Cleveland Street and Osceola Street . Support the economic uses of the site b. Public Art Approach The Harborview Center developer should be encouraged to work with a consultant early in the planning phase of this project to identify art opportunities and select the appropriate artists for the project. Artwork should be integrated into the buildings and public spaces. c. Budget Range and Funding Source The Public Art and Design Program should explore with City Planners whether the public art requirement for this project should exceed the one percent-for-art requirement. d. Timeline Artist should be commissioned in time to integrate their work into the overall design of the development. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #,~ Attachment number 1 Page 57 of 147 D4. Station Square Park 620 Cleveland Street Station Square is a new private development on Cleveland Street just east of Garden Avenue. The project includes the redevelopment of Station Square Park, a .5- acre urban plaza adjacent to the private development. The design for Station Square Park includes a formal gateway, trellises, a performance space, seating and connections to buildings and streets to the rear. The park will be will be constructed by the developer. No public art is currently included in the design because the project was approved and permitted prior to the enactment of the ordinance that requires private developers participate in the public art program. However, the developer should be encouraged to include public art elements. a. Goals . Draw people into the park . Create an interactive environment . Create a distinctive downtown open space . Compliment programmed arts activities b. Public Art Approach If public art is required for the overall development project, focus the art component on Station Square Park and commission an artist to design elements within the plaza, such as the entry marker, the trellis, and/or the stage area. c. Budget Range and Funding Source If the project becomes subject to the public art requirement, the public art budget should total one percent of the overall development budget, up to $200,000, as per the City's ordinance. d. Timeline This project is subject to the timing of the Station Square development. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #'41 Art can mark the entry to downtown through artist involvement in the streetscape design of Entry Arterials (A15), and the creation of site- specific work on the edge of Crest Lake Park (A 16). Attachment number 1 Page 58 of 147 PROJECT PRIORITIES Item # 7 Attachment number 1 Page 59 of 147 PROJECT PRIORITIES Each year, the Public Art and Design Program will develop a work plan of projects that it will commission in the coming year. As part of the budget process, the work plan is approved by the City Council and becomes the annual budget for the program. The projects in the work plan should largely be chosen from the projects in this master plan. The work plan will include a combination of CIP-related projects, whose timing will be driven by CIP schedules, and Special Initiative projects (including retrofits), whose timing may have more flexibility. To develop the part of the work plan that relates to Special Initiative projects, the Public Art and Design Board will need to evaluate the resources available (primarily, money in the Discretionary Fund and staff time) and allocate those resources to the projects of the highest priority. The Public Art and Design Board will also have to consider allocating resources to other opportunities, unforeseen during the development of this plan, that may emerge and take priority. The following sections set out principles and priorities that the Public Art and Design Board can use to determine which Special Initiative projects should be included in the annual work plan. General Principles for Funding . City CIP projects with a percent-for-art allocation should always include public art when the site is appropriate. . Some CIP projects should receive supplemental funding if the percent-for-art allocation is too small to accomplish the goals for the project. This supplemental funding will come from the Discretionary Fund, or from private fundraising or partnerships. The Public Art and Design Program will have to manage its cash flow so that there is sufficient money available for CIP projects that require supplemental funding when those projects are scheduled to begin. . Special Initiative Projects (those not generated by CIP projects) will be funded entirely from the Discretionary Fund, private fundraising or partnerships. . There may be times when, because of the lack of money in the Discretionary Fund, there will be insufficient funding available for a project. In these cases, the Public Art and Design Program should evaluate whether the project can be delayed in order to wait for additional contributions to the Discretionary Fund, or if the project scope can be changed to accommodate a smaller budget. In general, if the project is integrated into the design, then an altered scope of work should be considered. If the work is a stand-alone piece and does not have to be installed in conjunction with a capital project, then waiting for additional funds should be considered. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #'fl Attachment number 1 Page 60 of 147 General Principles for Use of the Discretionary Fund . CITY IMAGE projects are the top priority for Discretionary Funds. . After that, CIVIC CONNECTION projects are the next priority for Discretionary Funds. . NEIGHBORHOOD IDENTITY projects should not be funded entirely by the Discretionary Fund. In some cases, the funding for these projects can be supplemented with the Discretionary Fund. . Private development projects will not receive funding from the Discretionary Fund. Prioritizing Projects The project opportunities presented in this plan are all considered important projects based on their potential to contribute to the City's vision for public art, their visual impact on the City, and their compatibility with the operating guidelines. However, the resources that are available to the Public Art and Design Program are likely to be extremely limited. The Public Art and Design Board and program staff will have to make very careful choices about where to commission projects, and what types of project to commission, so that public art has the strongest possible impact on the city. When establishing the annual work plan, the Public Art and Design Board should evaluate the options for allocating Discretionary Fund and staff resources to projects by using the following criteria: Criteria for CITY IMAGE projects: . CITY IMAGE projects should be in highly visible, highly used locations. The more visible a location is, and the more uses that are associated with it, the higher priority it is for public art. . CITY IMAGE projects should enliven a destination of international, national or regional importance. These destinations include downtown, the beaches, the DiMaggio Sports Complex / Progress Energy Trail/East-West Trail, and Ruth Eckerd Hall. Projects in these areas are of higher priority than projects elsewhere. . CITY IMAGE projects that are interactive and allow people to engage with the water or environment are of higher priority that projects that do not. . CITY IMAGE projects that are clustered near other public art projects within a specific area are of higher priority than those that are not clustered near other public art. . CITY IMAGE projects that can incorporate CIP funding or can leverage support from other public or private partners (within an appropriate time frame) are of higher priority than projects that rely solely on the Public Art Fund. Criteria for CIVIC CONNECTIVITY projects: . CIVIC CONNECTIVITY projects should be in locations used by residents from different parts of the City. These locations may include the Clearwater trails system, citywide recreational CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #'77 Attachment number 1 Page 61 of 147 facilities or parks, or projects related to the stormwater corridors. Projects in these areas are of higher priority than projects elsewhere. . CIVIC CONNECTIVITY project that can result in a series or family of projects should take priority over those that cannot. . CIVIC CONNECTIVITY projects that can incorporate CIP funding or can leverage support from other public or private partners (within an appropriate time frame) are of higher priority than projects that rely solely on the Discretionary Fund. Criteria for NEIGHBORHOOD IDENTITY projects: . NEIGHBORHOOD IDENTITY projects in areas with an active community interested in working with an artist should take a higher priority than projects elsewhere. . NEIGHBORHOOD IDENTITY projects in areas that do not have public art should take a higher priority than projects elsewhere. . NEIGHBORHOOD IDENTITY projects should have access to CIP or private funds. They should not rely solely on the Discretionary Fund. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #'fl Attachment number 1 Page 62 of 147 Priority Projects 2007-2020 FIRST P C I 0 SECOND P C I 0 THIRD P C I 0 PRIORITY PRIORITY PRIORITY UJ A6. Coachman X X A 7. Downtown X X A12. North and X (9 <( Park Boat Slips South ~ 1'= Gateways <3 A8. Downtown X X A13. City Office X All. Downtown X Library Bldgs Parking A14. Cleveland X X A16. Gulf to X St. Median Bay Entry Element; Crest Lake Park AlD. New City X X X A15. Entry X X Hall Arterials A9. Walking X A12. Beach X Streets Access Points A4. Beach X A3.Beach X Interpretive Parking Garage Project A2. Clearwater X X Beach A5. Memorial X X Causeway Trail A17. Joe X X X DiMaggio Sports Complex A19. Courtney X X Campbell Causeway A18. Ruth X X X Eckerd Hall ~ B2. Trails X X Bl. Stream/ X X > Stormwater i= () Corridors UJ Z Z 0 B3. Recreation X B4. Reverse X () () Centers Osmosis :> <3 8~ C3. Libraries X C2. X 01- Neighborhood IZ o:::UJ Parks 09 OJ Cl. Fire X I S,2 Stations UJ Z ~~ D3. Harborview X D2. Marina X D4. Station X <(UJ District Square 2::;;: 0:::0.. 0..0 --' UJ Dl. Beach X > UJ 0 Promenade P = PRIVATE FUNDING C = CIP FUNDING I = INITIATIVE PROJECT (Discretionary Fund) 0= PRIVATE FUNDRAISING OR PARTNERSHIP PROJECT CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #'91 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 # 7 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 1M! Attachment number 1 Page 65 of 147 SDeciallnitiative Proiects 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 Proiects 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 #21 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. SDeciallnitiative Proiects 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 Proiects 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 #~ 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. StreamjStormwater Corridors j 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 Proiects 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 #41 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 # 7 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 #f1 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 # 7 Attachment number 1 Page 71 of 147 APPEN DIX A - MAPS CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #fl Attachment number 1 Page 72 of 147 CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN ~I... ~ Item #91 Attachment number 1 Page 73 of 147 CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #& 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 # if 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 #21 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 #~ APPEN DIX C - PROJ ECTS CHART All Recommended Project Opportunities Recommended Public Art Budget Percent-for-art CIP Funding (2007 -2020) Funding Sou rce Deficit CITY IMAGE Ai. Beach Access Areas Penny 3 (Seawall 5 access areas at $10,000/access areas 50,000 12,500 Replacement) 37,500 A2. Clearwater Beach 3-5 projects, individual project budgets will vary 250,000 - 250,000 A3. Beach Parking Garage may expand with public/private partnership 125,000 125,000 Penny 3 - M. Beach Interpretive Project 60,000 - 60,000 A5. Memorial Causeway Trail 90,000 - 90,000 A6. Coachman Park 350,000 50,000 Penny 3 300,000 Bonds, Grants, A7. Downtown Boat Slips 110,000 110,000 CRA DDB A8. Downtown Library 150,000 - 150,000 A9. Walking Streets/Temporary Projects budget based on annual festival, beginning in 2008 at a cost of $50,000/year 700,000 - 700,000 CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN tI:.em # 7 All Recommended Project Opportunities (cont.) Recommended Public Art Budget Percent-for-art CIP Funding (2007 -2020) Funding Sou rce Deficit Al0. New City Hall and Parking Garage 250,000 250,000 Penny 3 All. Downtown Parking 62,500 62,500 Penny 3 - A12. North and South Downtown Gateways two projects at $ 75, OOOjeach 150,000 - 150,000 A13. City Office Buildings no CIP projects identified at this time - - - A14. Cleveland Street Medians 150,000 - 150,000 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 Lake Park 350,000 - 350,000 Pinellas County, State of Florida, Federal Grants, A17. Joe DiMaggio Sport Complex Renovation 150,000 80,000 other 70,000 A18. Ruth Eckerd Hall 80,000 40,000 Penny 3 40,000 A19. Courtney Campbell Causeway 250,000 - 250,000 CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN them#? All Recommended Project Opportunities (cont.) Recommended Public Art Budget Percent-for-art CIP Funding (2007 -2020) Funding Sou rce Deficit CIVIC CONNECTIVITY B1. 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,OOO/year, individual Blvd project budgets will val}' 280,000 88,600 Realignment) 191,400 Penny 2 and B3. Morningside Recreation Center 46,000 46,000 grants - B3. Senior Facility 35,000 35,000 Penny 3 - B3. Countryside Family Aquatics 25,000 25,000 Penny 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 tl:em #? All Recommended Project Opportunities (cont.) Recommended Public Art Budget Percent-for-art CIP Funding (2007 -2020) Funding Sou rce Deficit NEIGHBORHOOD IDENTITY C1. Clearwater Beach Fire Station 41,4 79 41,4 79 Penny 3 - C1. Countryside Fire Station 46,484 46,484 Penny 3 - C1. Fire Station No. 48 18,000 18,000 Penny 2 - C1. 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 Penny 3 - C3. East Branch Library 62,500 62,500 Penny 3 - TOTAL 4,532,018 1,743,118 2,788,900 CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN ttem#? Do it Now / / Project Opportunities Recommended Public Art Budget (FY2007 and Percent-for-art FY2008) Funding CIP Source Deficit CIP PROJECTS Pinellas County, A17. Joe DiMaggio Sports Complex State of Florida, Renovation Federal Grants, begin planning 150,000 80,000 other 70,000 Penny 2 (Druid B2. City Trails Road and allocate $20,000 in both FY07 and FY08 40,000 33,600 Recreation Trails) 6,400 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 A14. Cleveland Street Medians 150,000 - 150,000 A9. Walking Streets/Temporary Projects $50,000 in FY08 for temporary art festival 50,000 - 50,000 A4. Beach Interpretive Project 60,000 - 60,000 TOTAL 514,000 177,600 336,400 CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN ~m#7 Do it Next// Project Opportunities Recommended Public Art Budget (FY 2009 and Percent-for-art FY2010) Funding CIP Source Deficit CIP PROJECTS Bonds, Grants, CRA Downtown Development A7. Downtown Boat Slips 110,000 110,000 Board A5. Memorial Causeway Trail 90,000 - 90,000 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 allocate $20,000 in both FY09 and FYl0 40,000 - 40,000 A9. Walking Streets/Temporary Projects $50,000 in FY08 and FY09 for annual temporary art festival 100,000 - 100,000 A8. Downtown Library 150,000 - 150,000 A2. Clearwater Beach one project 75,000 - 75,000 TOTAL 1,015,000 560,000 455,000 CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN ~m#7 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 "/fil 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 11311 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 tl3il 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 Wa rmath Mary Jo Weaver CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item tf,~ 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 tl341 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 tf,fl 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 tf,fl 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 'ff,77 Attachment number 1 Page 91 of 147 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 signage 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 tf,fl 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 #391 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 #& 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 #11 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 #21 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 of functional 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 #~ 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 #41 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, they/it 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 #fl Attachment number 1 Page 99 of 147 art will be delineated in an acceptance agreement between the City and the donor/lender. 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. 7489-05 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 #f1 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 Councilmembers 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 order to give a verbal presentation, if desired. In CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item #77 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 #fl 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 #91 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 1#& 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 1#11 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 1#21 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 1#~ 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 1#41 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 1#fl 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. 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. CITY OF CLEARWATER, FLORIDA PUBLIC ART AND DESIGN MASTER PLAN Item 1#67 Attachment number 1 Page 110 of 147 Further information regarding the Public Art and Design Board administration and responsibilities is provided in Ordinance NO. 7489-05 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 1#77 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 1#fl 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 1#91 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 Lake Park . 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 1ii& 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 1ii11 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 1ii21 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 2000 .2001 .2002 .2003 2004 2005 .2006 $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 1ii~ Attachment number 1 Page 117 of 147 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 1ii41 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 1iifl 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 1ii67 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 Item1ii77 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 1iifl 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 1ii91 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 1#.& 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 1#.11 Attachment number 1 Page 125 of 147 BE IT ORDAINED BY THE 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 1#.21 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. PUBLlCL Y 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 Item1#.~ 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 1#.41 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 1#.fl 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 1#.67 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 SeDtember 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 1#.77 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 1#.fl 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 proiects 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 1#.91 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 oublic art. 4.13 Maintenance Account: An account created for the maintenance and repair of artworks within the City's oublic 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 caoital imorovement oroiects: private development; funds donated to the City for oublic 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 proiects be allocated for public art. Private development projects with an aggregate iob 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 1#,& 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~11 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~21 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 occu pationa I 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 1#,~ 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 pu blic natu re of the project, the val ues 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 1#,41 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 1#,fl 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~67 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 materia Is; 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~77 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~fl 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 1#,91 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 1#.& 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 Item1ti11 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 thatthe 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 PU BLlC ART AN D DESIG N MASTER PLAN Item 1ti21 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 engi neer.) 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 1#,~ 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 1#.41 Meeting Date:4/30/2007 Work Session 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: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: $277,266.75 Cover Memo to Item # 8 Appropriation Code 0421-01351-551000-535- 000-0000 Amount 277,266.75 Appropriation Comment see summary section Bid Required?: Other Bid / Contract: Yes Bid Number: Bid Exceptions: 24-05 None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Clerk 6) City Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 8 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 - 11 :00 AM. Proposals may not be withdrawn Within 90 days after such time and date Mi chae1 W. Murray Purchasing Buyer Item # 8 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 # 8 Attachment number 1 Page 3 of 3 BID RESPONSE FORM (24-05) Item Est. Quantity Description Unit 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: SIGNATURE OF AUTHORIZED REP: DA TE SUBMITTED: PHONE NO: FAX NO: -3- Item # 8 Attachment number 2 Page 1 of 10 Liquid Sodium Hypochlorite Specification 1. GENERAL REQUIREMENT 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. BIDDER QUALIFICATION / SUBMITTALS 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 # 8 Attachment number 2 Page 2 of 10 2.4 References: Each prospective Bidder shall submit a list of at least ten(1 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 Emergency 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. COMMERCIAL CONDITIONS 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 subj ect 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 1, 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 1, 2007 through March 31, 2008. 3.3 Payment Terms: NET 30 days. 2 Item # 8 Attachment number 2 Page 3 of 10 4. DELIVERY REQUIREMENTS 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.R 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 # 8 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. DELIVERY LOCATIONS 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 # 8 Attachment number 2 Page 5 of 10 LOCA TION STORAGE CAPACITY ESTIMA TED 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. PRODUCT MATERIAL REQUIREMENTS 6.1 Hypochlorite supplied under this contract shall be tested and certified as meeting the Specification, the A WW A Standard B300-99 and those of the American National Standards Institute/National 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 # 8 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 "Suspended Solids Quality Test for Bleach Using the Vacuum Filtration" Method co-developed by Dr. Bernard Bubnis of NovaChem and previously referenced in this Specification. 7. QUALITY ASSURANCE, SAFETY AND TRAINING 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: "The Weight Percent Determination <<I Sodium Hypochlorite, Sodium Hydroxide, And Sodium Chlorate in Liquid Bleach " and "Suspended Solids Quality Testfor Bleach Using Vacuum Filtration ", distributed by Powell Fabrication and Manufacturing, Inc. and available at http://www.powellfab.com. 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 Comer Pike PO Box 608 Oxford, Ohio 45056 Ph: 513-523-3605 Fax: 513-523-4025 Southern Analytical Lab 110 Bayview Blvd 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 # 8 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 After 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 # 8 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. OCCUPATIONAL HEALTH AND SAFETY 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 # 8 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 of liquid 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 # 8 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. 9. TERMINA TION 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. 10. BIDDER'S CHECKLIST 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 Terminations/Debarments (Last Five Years) . Copy of OSHA Form 300A/300 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 # 8 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract for the construction of the "Clearwater Beach West Bridge Spur Connector" (99-008 I-EN) project to American Bridge Corporation of Orlando, Florida, for the sum of $2,481,673.25 which is the lowest responsible bid received in accordance with the construction plans and specifications, award a Construction Engineering & Inspection (CEI) contract to Ayres Associates (EOR) for $390,537.00 and authorize the appropriate officials to execute same.(consent) SUMMARY: On October 19,2000, the City Council approved the original Local Agency Program (LAP) Agreement between the Florida Department of Transportation (FDOT) and the City of Clearwater for the design and construction of the Clearwater Beach West Bridge Spur Connector utilizing 100% reimbursable federal Congestion, Mitigation & Air Quality (CMAQ) funding. The "Clearwater Beach West Bridge Spur Connector" is a pedestrian and bicycle bridge that will cross over the Mandalay Channel south of the existing fishing pier, and will connect the existing sidewalks on Clearwater Beach and the Memorial Causeway segment of the Ream Wilson Clearwater Trail. Additionally, this bridge has been designed to carry the load of light emergency vehicles if required (ambulance / rescue and police cars only). The original design was a signature cable-stayed bridge that was competitively bid September 19,2005. The lowest bid was in the amount of $5,287,269.35 that exceeded the available federal funding. The City decided to reject the bids and redesign and rebid the bridge as a conventional, multi-span, pre-stressed concrete structure. Supplements to the original LAP agreement have been approved by City Council (7/22/02,1/15/04, and 7/21/05) increasing the grant to a total of $4,728,984.00. All construction and CEI costs associated with this LAP project will be 100% reimbursed by federal CMAQ funds administered through the FDOT. This project will start as soon as possible after award and execution of the contract, and is scheduled to be completed within 413 calendar days. All work will be done from a barge or the causeway. There will be no impact to the road or bridge 43. Sufficient CMAQ budget is available in the Capital Improvement Program project 0315-92340, Clearwater Beach West Bridge Connector, to fund the Construction in the amount of $2,983,472.03 and $390,537.00 for CEI services. Copies of the contract and work order are available for review in the Official Records and Legislative Services Department. Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: No Budget Adjustment Comments: See "Summary" details. Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: $2,872,210.25 to Appropriation Code 0315-92340-561300-541- 000-0000 Amount $390,537.00 Appropriation Comment Item # 9 0315-92340-563800-541- 000-0000 $2,481,673.25 Bid Required?: Other Bid / Contract: Yes Bid Number: Bid Exceptions: None Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Manager 8) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 1 3"' BAYMONT ST tO~ ~ cr L5 <:( <:( a en SAN MA CO UJ cr 0 :r C/) PAPAYA ST >- 5 <:( I- -J I- <:( UJ a C/) 2 2 ~ 6 Q CJ ~1J~(J THIRD ST D~ PROJECT SITE DR DR N W~~E ~ S City of Clearwater Engineering Department Clearwater Beach Bridge Drawn By: S.K. 267A S-T-R Reviewed By: G.B. Scale: N.T.S. 8-29s-15e Date: I~~ Grid # Meeting Date:4/30/2007 Work Session 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 comer 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.LP. 96144. They were planned for and included in the last rate study, there will be no new impact to the rates. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 10 Attachment number 1 Page 1 of 1 ST o a:: W :J Z W ;;C w IDLEWILD Ic) WOODLAWN :J L1i !;j: ...J 0.. CUMBERLAND HUNTINGTON Linkwood (f) 0 ;'~""'" g 19 ~ ~ z <( U s::: OJ WILSON I SUNSET POINT LA LA I~ o I~ LA L!) ill (V) a:: t.i SANDY LA I~ MARY L RD I I TERRACE RD I \ N W.E S City of Clearwater Engineering Department Spring Branch Stormwater Improvements Grid # S.K. 251B Reviewed By: E.S. S-T-R 3-29s-15e Scale: N.T.S. C\3te: 04/17/07 Drawn By Item # 10 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-Anclote 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 "CfTY." 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 Steven sons 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, agree 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 # 10 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 approval 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 "B" 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 "A" and the Proposed Project Plan set forth in Exhibit "B." Any changes to this Scope of Work and associated 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 anticipate 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,OOO,OOO) and will be responsible for all costs in excess of the anticipated 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 a Item # 10 Attachment number 2 Page 1 of 1 set forth in Exhibit "A" 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 "C," as both may be amended from time 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 directly 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 Clearvvater (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. Page3of8 Item # 10 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.S. 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 after 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 # 10 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 CITY'S professional designers and the DISTRICTS 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 B Item # 10 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 # 10 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 "C, and then to Exhibit "B." Exhibit "A" Exhibit "B" Exhibit IICII Special Project Terms and Conditions Proposed Project Plan District Travel Procedure 13-5 The remainder of this page intentionally left blank. Page 7 of B Item # 10 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 FUNOING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR IMPLEMENTATION OF BMPS IN THE STEVENSONS CREEK WATERSHED- SPRING BRANCH (l701) OISTRICT APPROVAL INITIALS LEGAL MBM RISK MGMT N/A CONTRACTS ~ RM OEPT OIR 'if' OEPUTY EXEC OIR GOVERNING BOARD Page 8 of 8 Item # 10 4. 5. Attachment number 2 Page 1 of 1 AGREEMENT NO. EXHIBIT "An 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 IICONSULTANT," 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 "B." 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. 2. 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 DISTRICTS 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. 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 DISTRICTS 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 30, 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 of 2 Item # 10 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 # 10 Attachment number 2 Page 1 of 1 AGREEMENT NO. EXHIBIT "BlI 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 documents 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 of2 Item # 10 Attachment number 2 Page 1 of 1 Project Budget Description Design, Permitting, and Construction Documents Construction Eng. & Insp. Construction Total: CITY DISTRICT TOTAL $ 75,000 $ 75,000 $ 150,000 50,000 $ 100,000 ,750,000 ,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 # 10 Attachment number 2 Page 1 of 1 Item # 10 Attachment number 2 Page 1 of 1 AGREEMENT NO. EXHIBIT "e" "'of. ... ........... ..... H..:.(.~;:.;2r.fl! ".' ' .UJtB;r;;.~;.;:;(...<> .<'.? .... :. .. . ..>', .. ..... '" '. . . .ik:];,. .... ", ..~. . ...",~, ,.:liG,. . ,;.:':: ,:.{'\I . '. ..:..~ _;:;....:<.:: m~:iTI'm,""""!;"<.'..;rT .....:;'(:.."y.... ','0:"""";:.::,:> <....;;j~;.;...:,.,...;_.)....,. ..t,,:.;":" '.. .'.......'___". ........;.:.. '.:.'.;,'., '\f~;;iii~~ir" ......., "i_if+~\_~. ..,~' 'if: ::":,:#.n< ..nii~~~~'i~:~.1'~'J'..,:4 .,.'.>=;'.:.: . . .i:': .""','.;;.: :~T}~ ;.. '. 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'. iotm.~q~~t~~(h1;<{," ;:'.: '.'"~~ .,..... .....'"'il;~iU;.:;~~il~i.W~ . ...... .. ':"'~:::""" ..7'C;:<7rri":~'''''~'::'::'' .......:'.~..~~~qh.~~~,~.... . ....1:0~... ..........:,':..r.;>.:. .".. ...y: ,.:".:: ... > ...,....,,:.,.... <: ~7:TI.T.}07B~:'s. ,,",.r~:, . ./ .T3" .. . . .,'i; '. ....:,.> ........... :...._~P.Oj~F<......<..I:. ....~.$.;;~otl~~;~~;~~~:,~.~~.J.~:..:,... '..:'.' . .../:. ... rTI'uaVel"~6d'" .' :~.:..~t:}~~:mr-_1J[~;;1:hiak.:,'::,:....> :i"i:"., ~'::.'.:::'~~:.I...... ...~.". ..........,....'::.. . .". . ",: .:,;.;.,' "::':"'. "'., :". .:::..:..),......7'..;:.:: ,::.;.;: """", "."'>""i.:: .::>. " .~. . c..i. .. .., .. . ".':"..: .. "", .:. ..' .;;',i....i::,,:..: : ".:. . .. ... ....:::'.:... ..' '.c'. .1l,J..e~~.,...>...::<< .' ......> '.':. <: ./" './:.,"..O>i HT '. ..... .:. ....,:. '. '. n,' ...... .'.: .........:J:..). ..... .("'.".;:' <;. ........ . ........ ,..... '.; ...: ". '. :. ..:.:':. .........:, ....:.... >,"';..." ..,....:.>..::, . :. ..,....i:.,. :: : c....,.':.......: ':./' . . :. . "::.:'.i i:.'-:': :"""''::-':;::..:. "': :;......:::.;. "..' ::.' ..."...... .n: "'in..' .. ,i-:'. : . .,.....i:.: ." .:"':"i".'..:::: '. .i..)...".:::....' ".i.:' ., :i.:i.:.. i.'i'. .:,,:. . ....,.....>..';.::;.i..i.:..'..:i . . . :.;:.:;:::..,......:...;......i..."":,.....i...:;:;.:..;... .: ":'.' . /': ............ . ;';;.; .... . " . .., ,.'. .:".- .:..... Item Attachment number 2 Page 1 of 1 I I PROCEDURE so1J'I'HWEST I'LORIDA WATER MANAGEMENT DISTRICT NUMBER: t3-, PAGE: 1 of 16 TITLE: TRAVEL . SEcnONJDEP~: Ap(~~~CIALREPOllTINOIFINANCB APPROVED: ~ 'r ~ DATE: 08130/96 S1lPERSEi)ES= 13-5 Dated 06101/96 OFnCIAL HEADQUARTERS: This is the office, field office or location where the traveler is normally asiigned and ti:om which 1hat perIOn performs the majority of bisIber duties. Each employee's official b.eadquarterI shall be the same as that indicate<l in the a:ru marked "LOCATION:- on hiilher position description, except that: a) The official ~ of an employee locatx:d in the field sba1l be the city or town nearest to. the ar=a where the majority ofbislhcr wort is pes:folmcd, or IUd1 other city, town, or area as may be designated by.tho Diatrict provided that in all cascs such dcsi_on mOlt be in the best interest of the District.and not for the convenience of the employee. . b) When any employee is stationed in any city, town, or locality for a period of over 30 CODtinuoUB workdays. such location sball be deemed to be their official hcadquarten, and they shall not be allowed per diem or subsi3tence after the said period of 30 continuous workdays has olapsed unless this period of ti.mc is extended by the express approval of the :Executive'I>i.rectQr or designee. c) When in the best interest of the District, cmploycca may identify ttJeir' home address II "point of oriain" for.. specific travel period if approved by their supervisor on the travel authorization fonn. It is in the best interest of the District when the employee', home is nea1llI" the point of destination 1han bisIher official headquarters. If departUre from home is for the convenience of the employee and fu.rthcr from the point of destiDation than the official hea.dquutcIs. the reimbursement will be authori%ed for the constructive distance from the official headquarters to the point of dcstiDation (the lesser ofthc two). The official hcadquaJ:ters of Governing and Buin Board mcmberJ is their home addrcJs. Board memben will be xambUI'lCd for actual round. trip mileage from their bomc addJ:as to the destination whcn Cravding on District business. To establish the milcaso. B08Rl mcmbors :may provide the odometer reading for a 1'OUDd trip to their xegu1ar meeting location(a) following their first trip to that destination. If Board memben chBD&e their hOme addross during their term in office, the mileage shall be corrected by providing a replacement odometer reading iDdic;ating the date cbanp cx:cmred. TRAVEL AUTHORIZATION:. This form mlUt be used by aU District employees for the foUowiDg purposea: . To obtain authorization to travel and incur travel related expcoses (includes t:raining sessions conducted at other District offiCe.l) . To request rcgistmtioI? fee payments . To request travel advances. Item # 10 Attachment number 2 Page 1 of 1 I . PROCEDURE SOVTIIWEST n.oaJDA WATER MANAGEMENT DISTRICT NUMBER:: 13-5 PAGE: J of 16 TITLE: TRAVEL sacnoNIDEP0t. ACC APPROVED: . G & FINANCIAL REPORTINGIFlNANCB DATE: 08130/96 SVPEKSlDES: 13-5 Dated06l01196 TRAVEL AUTHORIZA nON (coDb1led): Governing Board mcmbc:ra muSt. use the travel authorization fmm for prior approval of DOlHClleduled travel outside the District includiq att.e:n~ at conferences or conventions. All sehedllled travel for Govemiu& Board mcmbm outside the. :District including attendance at confcrcnccs or convCDticms requites prior approval thJOUIh the consent agenda of a resuJ.ar IDOllthIy Ooveming Board meeting. . Basin Board members must use the travel autbori.zation form fOr prior approval of aU travel (including to Governing Board meetinp) other than travel to Basin meetings. CoDsWtaDts and advisors shall be a:utbori.:r.ed as travelers of the: District 1J.Dder the terms of a contract or a.greemcnt executed by the Executive Director or Assistant Executive Director. Advisory committee members sba11 be authorized as uavelc:rs of the District by b1aDket travel. authorizatiou with at:tachcd list of all individu.als selected by the Ex.ccutive Director to serve on that committee. This listing shall be updated by the Executive DcparbDcot when members arc removed or added to the list. Employment candidates for ~t or professional positiOBl sba1l be authorized II travelers of the District under a travel authorization fOIm prepmd by the Human Resources Department representative at the time tmvel arrangemeDlI iue made. The Travel Voucher foan wiD also be prepared by the Human R.C'Isoun;cs DepaI1mcm.t representative in conjunction with. the type of reiQ1bursem.ent agreed to by the ~te. CBDdidate wiD be asked to 'sign the authorization and travel voucl1c[ founs upon arrival for the interview. The form must define tho publio purpose and include destination. dates of travel. mode of transportation. estimated cost and required approval authority sipaturcs prior to scbJdnlinl tho traVel. The pre-printed form mast be typed or completed in ink. A copy of tho :fully encutcd Travel Authorization must be on file in tho traveler's deparb:ncnt prior to departure for all tmvel pwposes and remain on file for the: current fiscal year plus one year. BLANKET TRAVEL AUTHORIZATION: If an employee travels regularly for work assigmnOl'1ts to a particular locatiOD or similar locations. a "blanketn travel authorization form should be completed to cover the current fiscal: year (or required. travel period. for the usilJlmOl'1t) and placed OD file in the: Finance Department. The fODD must be signed by the traveler and all required approval authorities. Item # 10 Attachment number 2 Page 1 of 1 PROCEDURE' SOVTRWEST FLORIDA WATER MANAGEMENTDISTRJCT NlIMBEIt: 13-5 PAGIi: 4 of 16 11TLI: TRAVEL SECTJONIDEP~NT: AC APPROVED: LT~ ' UNTING" FINANCIAL REPORTINGIFINANCE E DATE: 08130196 SUPERSEDES: 13-5 Dated 06101196 BLANKET TRAVEL A1JTIIORIZATION (continued): . The completed travel authorization form shall indicate an lias needed" status. . The white aad pink COpies of the travel authorization fonD must be submitted to the Accounts Payable section oflbc FiDaDec Depa.'1IDCDt for the Finance file ofrw=conl The yellow copy must be retaim:d in the travelers department DIe for the C1J.l'ICDt fiscal year plus one year in compliance with the State Retention Schedulo. . Each time a Travel Voucher is aubmitted utiUziDg a blaabttravel authorization. the traveler mustrcfcreDce the-TA-#I#### on the Travel Voucher form. . A master blanket travel authorization may be submitted to cover aD locations within the District bouDdaties, although, for regular work assignments outside District boundaries a separate "blanket.. 'travel authorization will be required for eaCh specific location. . BlaDket travel authorizations do DOl indicate the point of origin. 1he travel voucher submitted for this type of travel win document the point of origin approved. by the supervisor. SIGNATURES REQUIRED FOR TRAVEL AtJTBORIZA nON: The traveler must sign the form in ink and secure the appropriate approval authority signatures as indicated. No one may exercise signiture authority for himself or herself; rather, approval of a higher level of authority must be obtained. . TRAVELER: Govemiog Board. membea (rcqujrcd for non-scheduled travel outside District including confen:nccs or cODventions only) APPROVAL SIGNATURE REQUIRED: Govemiog Board Cbaim:JaD or Vice Chairman . TRAVELER: Basin Board members (required for all travel including Govcmi.o.a Board. meetings; not rcqui:rcd. for Buin Board mcctinp) APPROVAL SIGNA TUBE REQUIRED: Basin BoanJ Chairman Ex-officio or Govcm.ing Boarii Cha:i.rman or Vice Chairman . TRAVELER: Executive DircctoI (required. for travel outside the District boundaries and to attend confc::rences or conventions) APPROVAL SIGNATURE REQUIRED: Governing BOSJd ChaiIman or Vice ChaiJ:maD . TRAVELER: Assistant Executive Director APPROVAL SIGNATURE REQUIRED: Execudve Director Item # 10 Attachment number 2 Page 1 of 1 I I PROCEDURE SOurBWEST FLORIDA WATER MANAGEMENT DISTRIct I NUMBBR: '13-5 PAGE:' of'16 TITLE: TRAVEL SEcr]ONIDEPAR~' A_(f~ APPROVED: jJ .1 !..~G & FINANCIAL REPORTlNGlFINANCE VEDATI'.: 08/30196 SUPDSEDES: 13..5 Dated 06101196 II. _ SIGNATURES REQUIRED FOR TRAVEL AVTHOlUZATlON (continued): . TRAVELER: Deputy Executive Directors. Gencrat Counsel and Jnspcctor General APPROVAL SIGNATURE REQUIRED: Executive Director or AssistaDt Executive DiRctor . TRA VELD: Attorneys APPROVAL SIGNATURE REQUJ::RltD: General CoW1Sel . TRAVELER: Directors . APPROVAL SIGNATURE REQUIRED: Deputy Executive Directors . TRAVELER: Employees (outside the state) APPROVAL SIGNATURE REQUIRED: Supe.rvisms and Department Directors. and Deputy Executive Directors or General Counsel; aDd Assistant Executive Director or his desipcc. - . TRAVELER: Employees (within state outside District or to conferences or conventions) APPROVAL SIGNATURE REQUIRED: Supe.rvisms and pepartment Directors and Deputy Executive Directors or General Counsel . TRAVELER: Eu:1ployees (inside District BlU to confcr:ences or conventions) APPROVAL SIGNATURE REQUIRED: Supervisors and Dcpamncml Directors or delilJl= . TRAVELER: Advisors ad CoDs~tants ,APPROVAL SIGNATURE REQ1JlRED: Deputy Executive Directors . TRAVELER: Adviaory Committee Members APPROVAL SIGNATURE REQUIRED: Executive Director or designee . TRAVELER: Employment Candidates APPROVAL SIGNATURE REQUIRED: Dcparlment DiIector after coordination with Human Resources TRAVEL VOUCHER: A Travel Voucher form should be completed immediately upon retum from a achcd.uled travel period to verify aU related expenses. A travel voucher form lDust be submitted to Accounts Payable within thr= working days ofrotum from a travel period when "Advance Travel Payment" bas been received. Ifno "Advance Travel Payment" bas been received, a travel voucher form must be submitted to Accounts Payablc within thirty days of retumiDg from a travel period. Item # 10 Attachment number 2 Page 1 of 1 I I PROCEDURE SOumwEST FLOIUJ)A WATER MANAGEMENTDlSTRlcr NUMBER.: 13-5 PAGE: 60f16 TITLE: TRAVEL SECnONIDEP APPROVED: G" FINANCIAL REPORTINGlFINANCE DAti: 08130196 SUPBRSEDES: 13.S Dated 06101/96 TRAVEL VOUCHER (coDtlaaed): 'Ih= pn>priDted avel vouchc:r Coon must be typed 01' completed in irlk and authorization documents (i.e., copics of travel authorization form. apada. Iegi.slrati011 form, etc.) must be attached. Blanket traVel authori:zation fonn.s on filt' 'r:; Finance must be refermccd on the Travel Voucher by providing the T A..:I#I###. . Each one-way trip must be c:nteIed on a separate line of the Travel Voucher. 'Ih= point of origin (fiom) and &Jstination (to) must be indicated. . The first "lcgt! (onc.way trip) of travel period must include the actI14l time departed ftom the point of origin and the last "legll of that travel period must show the time returned and location of ftoaI destination. Hour of departure and hour of rcmm are required for all travel periods. Continuous DVe! periods would require recordinS the time at the beg!nmr., of the first *'lea" aDd the time at completion of the final "leg. II . Continuous travel between various c:b:stinations must be &Jtailcd on the Travel Voucher. Each "leg" of cODtinuous tmvc1 will include a point of origin, destiDatiOD and associatod explanation of public purpose. . The public pmposo requiJcmcnts must be defined on the Travel Voucher by indicating topic of a meeting (i.e., McetinS 011 SWIM Issucs, Mccting with Deputy Director), type of con:fercDce or convention (i.e., GFOA Conference, AWWA Conference). purpose ofan event (i.e., ribbon . cutting for service office), etc. Govcming and Suin Board members may elect to submit Travel Vouchers quarterly. VICINITY MILEAGE: ViciDi~ mileage rcprcacr:rt.s milca driven after an:ival at and ctepar.ture from a point of destination to another point within the lime ci~ only when necessary to conduct official busincaa during the period considered. "vicinity" tmvel. Vicini~ mileage mud be reported separately on the Travel Voucher form and an explanation must be included to justifY public pwpose. Report date. destination, public putposc, and bcginn~g and ending odometer readings (Auto Milca Code "2") on Travel Voucher to provide the reqWrcd documentation. "Odometer Mileage ToIFrom Destination" (Auto Miles CodCl"311) is not considered vicinitymileap (see AUTO EXPENSES for r:c:porting requirements). SIGNATURES REQUIRED FOR TRAVEL VOUCHER: The traveler must sign. the form in ink and secure the appropriate approval authority signatures as indicated No ODe may exercise signature aathori~ for himself or herself; rather, approval of a higher level of authority must be obtained. Item # 10 Attachment number 2 Page 1 of 1 . PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT NUMBER.: .)3., PAOS: 7 of 16 TITLE: TRAVEL SECTIONJDEP APPROVED: G &: FINANCIAL REPORTINGIFINANCE VI DATE: 08130196 SUPERSEDES: 13-5 Dated 06101196 SIGNATURES REQUlR.ED FOR TRAVEL VOUCHER (coBdBUed): . TRA VELKR: Governing Board and Bum Board members and Executive Director APPROVAL SIGNATURE REQUIRED: Tmveler ill only sigDatuze tequired cx.ccpt as stated. in the Board Policy when prior approval is required . TRAVELER: Assistant Executive Director APPROVAL SIGNATURE REQUIRED: Executive Director . TRAVELER: Deputy Executive Directors, Gencm1 Coua.sel and Inspector General APPROVAL SIGNATURE REQUIRED: Assistant Executive Director . TRAVELER: Attomeys APPROVAL SIGNATURE REQUIRED: Gcnc:ml Counsel or Scnipf Supervising Attomeys . TRAVELER: Directon . APPROVAL SIGNATURE REQUIRED: Deputy Executive Din::ctorl . TRAVELER: Employees APPROVAL SIGNATURE REQUIRED: Supervisors and/or ManageD and Department Directors or designee . TRAVELER: Advisors and Consultants ,APPROVAL SIGNATURE REQUIRED: Deputy Executive Director . TRAVELER.: Advisory Committee Members . APP~OV ALSIGNATtJRE REQUIRED: Bxecutive Director or desip.ce . TRAVELER: Employment Candidates APPROVAL SIGNA TORE REQUIRED: Department Directors upon coordination with Human Resou.roes ACCOUNT CODING: All travel forms relating to a specific travel period must bear the same accounting data to pn:IpCliy identify. the: traveler's department. section, public pUIpOSC and location as well as the fund and acCount to be clwpd. Item # 10 Attachment number 2 Page 1 of 1 I I PROCEDURE SOUTIIWESTFLORIDA WATER MANAGEMENT DJSTRlCF NUMBElt.:.13-5 'A(}E: S oflc5 TITLE: TRAVEL SEcrIONIDEP~: ~C~G~_~CIAL REPORTlNGIFINANCE APPROVED: ~'''r ~ DAn: 08130196 SUPERSBDJ:S: 13-5 Dated 06101196 CLASSES OF TRAVEL: Class A and B travel shall include any assignment on official District business away 1iom official headquarteJ:s when it is CODSidcJ:cd reasonable and ncccssmy to stay overnight ind for which travel expenses are approved. Class A Continuous travel of24 hours or more away from official headquarters and away from home ovemigbt. 'Ib.iI is calculated. based on four equal quartem of sbr. hours each which shall be a calendar day (midnight to midnight). Class B Continu.ous travel oftus that 24 hours which involves overnight ab&cnce 1iom ofticial headquartas md away 1iom home ovemigbt. This is calculated based on 6.hour cycles begjnning at the hour of dcpartu:rc. Class C Short or day-time ~ where the traveler is not away from official hcadquartm overnight or when travel occurs duriDg r:vcning hours .due to special assipment to conduct Diltrict business. PER DIEM: (Relates to Class A or B Travel Only) (1) A flat rate up to S50 per day ($12.50 per quarter day) requiring no receipts for rooms or meals, or (2) Re~cnt for the actuaIlodginl cost for single oceupancy to be substantiated by paid. bills, .as well as the authorized meal allowance I1.tes described below. When Jodaing or meals are . provided at a state institution., thC traveler sball be reimbursed only for the actual expense of' lodging or meals not to exceed the maximum allowances. or (3) Two or more Dis1rict employees electing to sb.uc a room while traveling under Class A or B travel status must elect the same per diem method of reimbursement (I) Or (2) as described above. If reimbursement option (2) is elected, ODly the actual cost of the room as wen as the authorized mc:al allowances shall be reimbUl'Bed. or (4) In the case of foreign tIavcl, the traveler may choose the State per diem rate as stated abow or the foreign tIavel per diem rate as authorized by Section 112.061(3)(0), Florida Statutes. To be eligible for per diem or any travel expense allowances, the travel must be authorized by the appropriate approval authority and musl meet the public pmpose requi:remmt. Item # 10 Attachment number 2 Page 1 of 1 I PROCEDURE SOtTIllWEST FLORIDA. WATlRMANAGEMENT DISTRlCl' NUMBER: 13-5 PAGE: 9 of1' TITLE: TRAVEL SECTJONJDEP APPROVED: MEAL ALLOWANCE RATES: (Rdates to Class C Travel) To Receive Must Depart Must Retum Pq;yment "For. Prior To: After AlIQpnce Brealcfast 6a.m. 8 Lln. S3 Luncb 12 noon 2 p.m. 56 Dinner. 6 p.m. 8 p.m. $12 Meal allowances will be paid to peISOns in Class C Travelstatu8 when participating in scbeduled. public meetinp. seminara. worksbops, special assignments or other official busin_ which occurs outside the :noanal work: assipment of a traveler. Field staff shaI1 only receive.meal allowance(s) when an assignment requires overt:i.me sta1uB since their normal work assignment is wm the field." . In compliance with IntemaI Revenue Service. Publication IS, CiJ:cuJ.ar E. Employer's Tax Guide, Class' C meal aJiowance reimbursemcm.ts aie subject to consideration as income for tax pmposes. Wben a conferenco or convention registration fee includes nu:als, th:: traveler will not be reimbursed for the meals being provided.. If the program for a confcm:nce or convention states that breakfast. lunch or dinner is included. in the fee, the traveler is expected. to receive that meal without reimb\ll'8CllleDt. (ContineDtal breakfast 11 considc:rcd a breakfast au.d. is Dot reimbursable whirl prQVided. Bnmch will be considcrccl at the lunch allowance rate.) Reimbursement for meal expense will be the appropdate meal allOWllDCO rate regardless of the actual cost of tho meal. The traveler must absorb any cost above the meal allowance amount. TIp. will oot be reimbursed. AUTO EXPENSES: Mileage will be reimbursed at the rate approved by the State lep1ature for the round trip 1tom the travelers point of origin 1:9 point of destination when the traveler is authorized to use his or her own personal vehicle for official District business. The following guidelines apply: . It is recommended that a District pool vehicle be used for all District travel unless one is not available or use of a personal vehidc would be more efficimt or colt effective. Use of a personal vehicle sball be authorized by the traveler's Director as deemed. appropri.aUl. . All mileap claimed must be by a usually traveled route from the pomt of origin to the point of destination. Chapter 112.061(7)(8), Florida Statutes, states, "All travel must be by a usually traveled mote. In case a person travels by aD indirect route for bis own convenience, any extra costs sha1I be borne by the traveler; and reimb1Jl'liCJ1lent for expenses shall be based only on such charges as have been incurred by a usually traveled mute. II Item # 10 Attachment number 2 Page 1 of 1 PROCEDURE SOUTIIWEST noRIDA WATER MANAGEMENT DISTRICT NUMBER: l:J..S PAGE: 10 of 16 TITLf.: 1RA VEL SECIJONJDEP A.R APPROVED: G &; FINANCIAL REPORTINOIFINANCB ECTIY'EDATE: 08130196 SUPERSEDES: 13-5 Datcd06/Ol/96 AUTO EXPENSES (coRtinued): . Whenever the point of origin IU1d point of destination arc witbiD. two diffcrcat city limits indicamd OD the Florida DCputmeut ofTnmsportation.officiaI traDsportation map, mileage shaD be determined by wina the Official Hiahway Mileage: chart (Exhibit A), which provides the computed distance ftom the "town" of origin to the lltownll of destination, not ICt:tIaI odometer readings. If either town/city does Dot appear on the chart. or when involved in vicinity travel, mileage shoQld be shown by actual odometer readinp. Whenever employees travel bctwccm. District service office,. mileage shall be determined by using the District Mileage Chart (Exhibit B). . For all continuous travel trips rcportina the employee's home u the point of origin (departure . point1the allowable mileage from thC point of origin (employeels home) to the first wort: stop shall be the lesser of me actual odometer mileage or the distance from the cmployc~s official headquarters to hisnler first work stop. . For all eontinuous travel1rips reportiDa tho employeds home as a tiDal dcatiDation. the allowable mileagc1iom the last wodcstop to the final destination (employee's home) shall botbe 1esserof the actual odometer milC8ge or the distance:from tho employee's last worlc stop to hisIb.er ofticial headquarters. . Reimbursement for expenditures relatin&to the operation. maintenance md oWDOl'Ship of a pemma1 vehicle, other than mile8ge is not permitted. . Two round trips to au aiIport may be approved if it is determined to be more economical than one round trip plus the airport paridng fee for the personal vehicle during the scheduled travel. AUTOMOBD..E RENTALS: Bach GovmUn& Board member. the Executive Dil=tor, Assistant Executive Director. Deputy Executive Dim:tor. Ocoeral Counsel. a.t:tomcys and other individuals authorized by tbe GovemiDg BOard or Exec::utive Di:n:ctor may be supplied a Rcotal Agency Ceniral Billing Credit Card for their use while on Dimet business. Purchasing win order and disttibutc tbe cards after receiving au approved Credit CardslKcys Request foIm fi:om the authorized individuals, An ~ ", ~loyee who is required to use a rental auto, but has not been assiped an auto cm.l.it card. i:aay teql.: ~ a R.eD.tal AgencyQoe Trip Tmvel Ordcr(O,T,T,O.). The O.T.T.O. is asubstitutc for au auto credit card to be used only once. Travelers may request the O.T.T,O. by submiUin,g a memo to Purchasing with a copy their fully executed Travel Authorization fonn attached. Item # 10 Attachment number 2 Page 1 of 1 I PROCEDURE SOUTBWIST II'LORlDA WATER MANAGEMENT DlSTlUCT NUMBSll: 13-' PAGE: 11 of 16 DTLE: TRAVEL SECTIONIDEPAR APPROVt:D: . ACCOUNTING & FINANCIAL REPORTINGIFINANCE EFFECnVt: DATE: 08130196 SUPERSEDES: 13-5 Da.ted 06/01/96 AUI'OMOBILE RENTALS (contiDued): The credit card and O.T.T.O. an: provided bythcrenta1 a.gcmcy IS part ofits aareemcatwitb the State of Florida. Individuals using a credit card or O.T.T.O. an: to emure that thC proper discount is applied., that no sales tax is.charged., and that the most economical type of vehicle to appropriately aa::ommodatc the travel needs is Rqucstcd. Clau Vehicle Size Code 1 (A) Sub-Compact ECAR ,2{Bj Compact CDAR 3(e) Intmnediate IDAR 4(E) Full Size 4Idr FDAR S{V) Mini-Van MVAN AIR TRAVEL: It is the responsibility of the achc:duliD& department to determine the most economical method of tl'avel prior to mlJlrmg mervat:lons. Reservations may not be made until appropriatctmve1 authorization RquiIemcDts have been met. The District's contract Travel A.rrangemc:nt Services provider sbould be utilized exclusively for IeqUCSting estimates aDd book:iq flights unless substantial savings can be rcalizod by utiliz.iDg another source. The lCSpCIdive department is responsible for making. changing and/or cancc:lliq Rscrvations. All QOm:m.ercial flights will be coach class unless not available. Air Travel Cards are credit cards accepted by most major airlines for flights limited to North .AQ'1crica. These cards arc ordered, assigned and distributed by Purchasing. Use Credit CardsIKcys Requc:st bm to request an air travel card. Normally. these cards am only issued to Govcmi.ng Board members, the Executive Director, AssistaDtExecUtive Director, Deputy Executive Dircctms, Geuaal COllDSCl, Directors and. Attorneys. Other staff may Rquoat air trawl cards only after obt.ainin.g authorizatien from the Executive Director. .Travelers must retain the plISSCl:Iier receipt ftom the used airline ticket (last paac of ticket). Upon retum to the District, this receipt must be fotwardcd to Accounts Payable within tbR:e business days with the traveler's signat1J.rc and appropriate account coding on the copy. CHARTER FLIGHT SERVICE: 'Ibis service is to provide ~itic transportation to attend mcetinp. etc. in order to conduct District buaim:sa (overflights are excluded ftom this procedure). Requests for Govcmins and/or Basin Board. members. Executive Director, Assistant Executive Director, Deputy E.xccutive Directors and Genen1 Counsel cbartcr flights will be amnged through the Executive Department after receiving approval as stated in the Policy. The use of cha.1:tcr flights by staff members should be an exception and must be authori1.ad by the Executive Director. A requisition (RX) must be cotered into the fmancial system with the flight schedule information in order for a purchase order to be processed. Item # 10 Attachment number 2 Page 1 of 1 . PROCEDURE 50VTBWEST nOJUDA WATER MANAGEMENT DISI'IUCI' NUMBBR:'13~S PAGS: 12oft6 nTLE: TRAVEL SICTIONIDIPAR APPROVED: 0& FINANCIAL REPORTINOIFINANCE CTIVE DATE: 08130/96 SUPERSEDES: 13-5 Dated 06101/96 CHAR~R ~IGHT SERVICE (continged): Purebasing will process the request in accordance with Board Policy 150.1 and District Proccd.urc 15-1 govemirig procurement practices, which includes contracting for services with an appropriate charter flight sci'v:icc, DOWning the rcquirc:d services at the best l'CSponsible price (consiJtcnt with trip rcquinmcnts and safetY), and ClDe&:llinglchanging the services requested upon rc:aript of notification from. ~c Rquestini department. Emergency I.1'I'IDJCm.cnt may be made directly with Pu:wh,~g who will then ootiiY the Executive Department and request pmpa:ration ofthc requiml documents. UndcrnOnnal circums~ payment of or reimbursement for travel by private or company-owncd or cham:r plane sbaIl be no greater than that allowed for cOmmercial (coach class) air travel rate for equivalent distance. HOTEUMOTEL ACCOMMODATIONS: Lodging expense is reimbursable to authorized District tnlvelcrs requiring ovomight ablence away from. official headquarters anet home UDder Class .fl. or B tm'l(el. The tmveler may not receive mmbUrsement for lodgiD& within the local area. unless aut:horized by the Deputy Executive Director olM_gemeIIt Services. In order to a.chi.cve a cost savings to the District, the District may contnLct directly with the botellniotel. On. occasions when the traveler's flight scbeclule or ending time of a conference prevents retumiDg home by a reasonable hour, tho Department Dircctormust dctcnninc whct.bcr an addiCiODAl overnight accommodation is warranted. EMERGENCY EXPENSES: ~ expenses that arc not mlated to travel should not appear on the Travel Voucher. Paid invoice or ,eccipt for sach expenses must be submitted for reimbursement through petty cash or, if over 125, by submitl:ina a check request to Accounts Payable. OTHER EXPENSES: When expenses Iml incidmtal to travel. receipts shall be attached to the Travel Voucher and explained briefly on the form or an attacbed memorandum. Receipts arc required in all cases except when receipts arc not possible (i.c., psrldng meters). An exp1mati.on must 'be included to explain when no receipt is available. If proof of payment or explanation is not submitted, reimbursement cannot be authorized. Item # 10 Attachment number 2 Page 1 of 1 I PROCEDURE SOUI1IWIST nORIDA WATER MANAGEMENT DISTRICI' NUMBER! 13-5 PAGS: 13 oftlS nTLI: TRAVEL SlC110NIDEPAR~: A C9J1N!!!!.G~:fNANCIAL RBPORTJNGIFINANCB APPROVED: ~ . ~ DATI: 08130196 SUPERSIDES: 13~S Dated 06101/96 OTHER EXPENSES (coDdIlued): Other authoDzed exponsc.s include: 1. Tolls forroad,.bridgc, ferry, etc. (lCCCip1arcqu.ired wbc:uvailablc) 2. Parking and storage fecs <receipts requind - except meter parkiDg) 3. Long disbmqe ,telcphcme cllargcs* for business purposes (receipts requinld - ~. \\'hill coin opcnted dcviCII arc UIcc:l) 4. NoiDinaJ telephone expenscs. for business pmposes (reeciptl required - ctXcllpt when coin Opllllted dmces arc used) . S. Taxi fare or other similar transportation costs associated with attending business functions or goiDg to (from) the hotel (receipt rcqWn:d) . 6. Conference or convention mgistration fee paid diJ:ectly by the traveler while atumding a conference or convention serving the public purpose on behalf of the District (RCeipl required) 1. State sales tax paid directly by t.he traveler on purchases directly related to 'District business (receipt nquimd) . _. · ~I.._ /l1ItM:rMII1fI r,..l '_Im _1tItt1fflly pdlic 1'fII1XW of.- (XI/lp....d ~ LrrYfW_ Expenses not reimbursable are: 1. -Tips Dr gratuities 2. PcrsODAl telephone calls 3. Excess baggage cb.arp unless charges IJRl for District equipment Lost or missing receipts will rcquiIc a statement signed by the traveler with Department DiMctor's approval in order to receive reimbursement. Other travel expenses not detailed in the Procedure shall be bandIed by exception with Deputy Executive Dircctor's approval. TRA VEL ADVANCES: Advance payment for official travel may be authorized by the Executive Director or desigocc for Class A or B travel whc::n the traveler anticipates substantial travel expoDHI (i.e., 10dgjDg, meals, parking) and requests fimds to cover the associated travel costs. Travel advances will Dot be aut:hori.zcd for Qass C travel expenses. The minimum travel advance amount is $50. The maximum travel advance shall not exceed 80 percent of the estimated cost for official travel excluding any payments made directly by the District. The travel advance will generally be made to the traveler on the Thursday prior to hisIhcr departure. AdvliUlcc payment (or the tnlvelets credit card. authorization) for one night's lodging is usually required to guarantee a reservation if the traveler will arrive after 6 p.rn. and may be required to reserve a room at a preferred group rate. The District may reimburse this one night guarantee as an advance to the traveler if the traveler docs not provide a credit card. authoIiZation. lbe advance, if required, will be made to the traveler prior to the due date established by the hotel/motel. Item # 10 Attachment number 2 Page 1 of 1 PROCEDURE SOU11lWEST FLORIDA WATER MANAGEMENI DISTRICT NUMBElt: 13-5 PAGE: 14 of'I6 lTI'LE: TRAVEL SECTlONIDEPAR APPROVED: : ACCOUNTINO & FINANCIAL REPORTlNOIFINANCE rn:CTIVE DATE: 08130196 SUPERSEDES: 13-5 Dated 0610 1/96 . 'IRA VEL ADVANCES (audaued): As soon as possible after the employee 1cams of a travel assignment, and an advance is desired, the employee should complete a Travel Authorization tOllD and mark the "Advance Travel Payment R.cqu; <:rr:.d" section. Tho reqw:st must be approved by the employee's DeparbncntDirector before paym;;u: can be processed. Within tbrce wodcing days after retw:ning to the District, the tra~ler who received a travel advance is required to submit a completed Travel Voucher. The 8IDOUDt of the travel advaD.ce is to be deducted from the travel expi:nsea claimed and any excess travel advance amount must be reimbursed to the District when submitting the Travel Voucher. CONTINUOUS TRAVEL STATUS: Those employees on continuous travel status may receive a cont~nuous tmvel advance in an amoUDt not to exceed 80 percent of expccted tmvel cxpcnsos for a two-wcck tnlvel period. Contimious travelers are defined as employees who routinely travel overnight. These employees QD couPnuous travel status must complete.. Travel Voucher on I weekly basis to document their actual tmvel expenses. If an employee is no longer on continuous travel status. any continuous travel advance amount in excess of actual expenses muat be refilDded to the District within three business days. TIN Eut:1ItiN DhclDr mtO' fllD4ify Dr intetp"; thu PrDt:tullI1'fJ. Item # 10 Attachment number 2 Page 1 of 1 I PROCEDURE SOUTBWI:ST FLORIDA WATER MANAGEMENT DISI'IUCI' NUMBER: 13-$ PAGE: IS oft6 TITLE: TRAVEL SECTlONIDEPAR APPROVED: G &. FINANCIAL REPORTING /FINANCE . DATE: 08130196 SUPBRSr.DES: 13-5 Dated06l01~6 EXHIBIT A OmClAL WGBWAY MILEAGE CHART Whenever the point of origin and point of destination are within two different city limits indic:atcd on the Florida Department ofTnosportation official tr:ansporta1iOl1 map, mileage shall be detmnined: by using the Offi~ Highway Mileage chart providing the computed distance from the "town" of origin to the lItown" of desiinati.on, not actua1 odometer reaniDp. To use the mileage chart, determine the town of origin and town of destination. Loca.tc both on chart. Place' ruler along step beneath town appearing closest to the ripl. Follow across to intersecting colwnn beneath town appearing closest to the left.. 'l'he Dumber at the intenectioo represents the one-way mileage betwecm. the two. to'WDS. This is tho mileage to be reported. when tnLveling between the city limits of two cities or towns appearing on the mileage cbart. EXAMPLE: City of Tampa to City of St. Petersburg = 20 miles . NOTE: This "Official Highway Mileage" cbart is printed on the current Florida Official Transportation Map which is available in each Department. .'If ',., ~.7 '"~ ,,, III 17 "' . ". JlI...... .. .. '"~ IU .. ,. ., I>> QII .. '7 I.. ." t1II A'" ..., JI'U ~ '" ... ~l~ .. )'1 ,.. n "' U llQ ... .. ," '1 D7 .,..". ., 11III I'll I. . \Ill III 11 lit 'f IGI .... . III II .. .. .., 11M 'M .. IU ., .. .. .. .. .. .. Dol .. ....,....,..... ......... I. .. M' .... .. 111 111 111 tf... IIf II" ... ........ ... .. ltI . IU . .......,. Item # 10 Attachment number 2 Page 1 of 1 . . PROCEDURE SOtJTHWEST noRmA WATER MANAGEMENT DISTRICI' NUMBER.: '13-5 PAGE:)6 of lei mt.B: TRAVEL SEcnONIDEP~ APPROVED: G & FlJ'oJANCIAL REPORTINOIFINANCE C'I1VE DATE: 08130196 SUPERSEDES: ]3-5 Dated 06101/96 EXHIBIT B DISTRIct MILEAGE CHART Documemed Mileage for Most Direct Route Between Service Offices . HeadquarterslSrooksville Inverness Service Office HeadquarterslBrooksville Bartow Service Office HcadquarterslSroobvillc Venice Service Office HeadquarterslBronksville Tampa Service Office Tampa Service Office Inverness Service Office "" Tampa Service Office BartOw Service Office Tampa Service Office Venice Service Office .Bartow Service Office Inverness Service Office Bartow Service Office Venice Service Office Venice Service Office Inverness Service Office ... ~ '.." · lb_ miles wore detmninod by comlriDiD& the COIU'lClCt:iDg poiDts for whieh miles have been documeatllld. Three of the five District service offices IIR not located within the limits of a city. Therefore, the mileage to these service offices cannot be dctcrmincd using the Official Highway Mileage chart. These service offices are called: Brooksville Headquirters. Tampa Service Office and Venice Service Office. lbe documented mileage between service offices as listed in the above chart shall be. used whenever a District traveler is travc1inz between District sc:nice offices. If there are extenuating or unforeseen circumstances, such as a detour. Which require the District tmvcler to take mother 10DlCf route, m explanation as to why the mileage reported is greater than the docw:nented mileage on the above chart must be included with the traveler's submitted Travel Voucher and approved by the autI:1oriad. signers. 11hc milcacc between the BartoW IIDd In.,:-mcss service officcs nlfIccts the Official Higbway Mileage chart miles sinal tbese two service offices 1I'01oeatcd. \. .' ,n the ci limitll. Item # 10 Meeting Date:4/30/2007 Work Session 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 7/20/06 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) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 11 Attachment number 1 Page 1 of 1 (f) o ...J o Z >- w a:: o a: AVE U I I D~CJ~D~ DiD c~j' I PINELLAS gl >- ST ow ~ A 8T LAKEVIEW Dtu o! PROJECT SITE WAY N W.E S \J'.S ?\~t'.\.. <j- Tuskawilla w ~ w ~ a: --, <9 z ::.:: a: ~ SOUTH I- ::J --l Z I- a: <( :2: z o I- <9 z I (f) ~ <( <9 o i= Ql > <( Ql <:: co City of Clearwater Engineering Department lake Bellevue Stormwater Improvements D"awn By S.K. Grid # 306A S-T-R E.S. Scale: N.T.S. 2-295-15e Cl3te: 04/17/07 Reviewed By: Item # 11 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 FORTHE 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 (Original Agreement), as amended March 9,2004, for a multi-year funded project to evaluate and implement a stormwater management program in the Stevenson Creek Watershed; and WHEREAS, the parties hereto wish to further amend the Original Agreement 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 follows: 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 replacing the first three sentences in their entirety as follows: 3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Eight Million Seven Hundred 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. 1 of 5 Item # 11 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 # 11 A. Glen Oaks Proiect Budget Public Information Initiative and CLOMR ther Direct Costs ask Allowances Baffle Box En Services Bid. Permit Mod. USACE Permittin & Site Char. Subtotal: otals: Project Schedule Activitv A. Select CONSULTANT B. Select Projects C. Commence Design & Permitting D. Compfete Design & Permitting E. Commence construction F. Complete construction Attachment number 2 Page 1 of 1 TOTAL $20,000.00 $12,000.0 $16,430. $102,076.0 $5,764,141.0 $4,284.0 $10.000.0 $6,000.0 $8.215.0 $39,638.0 $2,018,279.0 Initiation/Completion Dates Complete Complete Complete Complete Complete May 31,2007 Page 3 of 5 Item # 11 Attachment number 2 Page 1 of 1 B. lake Bellevue Project Budget TOTAL DISTRICT CITY $0 $0 $0 $0 $0 Selection $0 $0 $0 $2,700,000 $1,332,281 $1 367,719 $300,000 $150.000 50,000 $3,000,000 $1.482,281 $1,517,719 Project Schedule DESCRIPTION COMPLETION DATES Complete Construction September 30,2009 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 # 11 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. Horne II, City Manager Date 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) ~ ~ F~ ~5~: ~ ~ CITY OF CLEARWATER ENGINEERING DERo,RTMENT DISTRICT AFPROV AL INITIALS DATE LEGAL 1'1f1'1I~. RlSK MGMT CONTRACTS ..1 RM DEPT DIR . ) DEPUTY EXEC D1R ~ GOVERNING BOARD ~ Page 5 of 5 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) & Commercial General (CG) Categories to the City Residential Low (RL) & Commercial General (CG) Categories and Zoning Atlas Amendment from the County R-4, One, Two & Three Family Residential & C-2, General Retail Commercial and Limited Services Districts to the City Low Medium Density Residential (LMDR) & Commercial (C) Districts for 205 North Belcher Road (2212-2216 Drew Street & 2205 Norman Drive) (M/B 33/12 Lot 2,30, & 29 Block D, Temple Terrace Subdivision in Section 7, Township 29 South and Range 16 East); and Pass Ordinances 7784-07, 7785-07 and 7786-07 on first reading. SUMMARY: This annexation involves a 0.89-acre property consisting of four parcels, located on the northeast corner of Drew Street and Belcher Road. The parcels involved in this annexation are addressed 2212,2214,2216 Drew Street and 2205 Norman Drive and when redeveloped in conjunction with another adjacent property will be addressed as 205 N. Belcher Road. The property is contiguous with the existing City boundaries to the south, east and west; therefore, the proposed annexation is consistent with Pinellas County Ordinance 00-63 with regard to voluntary annexation. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. It is proposed that the property be assigned Future Land Use Plan designations of Residential Low (RL) and Commercial General (CG) and zoning categories of Low Medium Density Residential (LMDR) & Commercial (C). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: . The proposed annexation will not have an adverse impact on public facilities and their level of service. . The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. . The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the city boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in accordance with the provisions of Pinellas County Ordinance 00-63, Section 7(1-3), and no objections have been raised. Please refer to the staff report (ANX2006-10039) for the complete staff analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on January 16,2007 and unanimously recommended approval. Review Approval: 1) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 of 8 Location Map Owner Alice & Ronald Nisk Case: ANX2006- 10039 Site: 205 N. Belcher Road Property 0.89 (2212-2216 Drew & 2205 Norman Drive) Size (Acres): Land Use Zoning 07-29-16-90126-004-0020 PIN: 07-29-16-90126-004-0300 From: CG & RL (County) C-2 & R-4 (County) 07-29-16-90126-004-0290 07-29-16-00000-330-1200 To: CG & RL (City) C & LMDR (City) Atlas Page: 281A Item # 12 Attachment number 1 Page 2 of 8 Aerial Photograph Owner Alice & Ronald Nisk Case: ANX2006- 10039 Site: 205 N. Belcher Road Property 0.89 (2212-2216 Drew & 2205 Norman Drive) Size (Acres): Land Use Zoning 07-29-16-90126-004-0020 PIN: 07-29-16-90126-004-0300 From: CG & RL (County) C-2 & R-4 (County) 07-29-16-90126-004-0290 07-29-16-00000-330-1200 To: CG & RL (City) C & LMDR (City) Atlas Page: 281A Item # 12 Attachment number 1 Page 3 of 8 "'\[l}'i"" I '\ ~' '-''-;'~''I ';"l~'-' or':':'''l "'i"'-' ':>q-"I~'!i''' '-~f" "/~'';' '~'-'~:f ~W(, ...~!i-:- ~"i:i ;:If ~ '~~~i::;;;: I \. A 30 \;.~l";t~:$1~~{ .~,~ ~:~;'}'~." ?~~~H '~i~~~:\ ::~~.";~ :\.;(;.~! :\~~;J;:: '.;:1~:~ !:h..\ :~: ~~\.~ ';~.: .~;~ r~ 'fl " '.,~ ,"':";:ii, ..-.'.,~". ......~.~,... .,....'.,. ....,-.,i:.....:'" ...t!f>....-..:.. .,.-.:..... ~"".~;-'- ..:.-......-I,.."...~ :..~..,:.-.. ...."'.". I.' .-. . .'f:t._~ .....-.4.. . ....'\',. '1...-.._ .. 'irll"_:::J.'''-' '. . . "W..- '!..-.~"i-:." .....M":. 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Comml~rcla fii fii ... It) '" ~ ~ '" ... ~ '" It) ~ '" 50 50 ..lmR@jl.. Q 0::: wwcr ILl :x: (.) td !Xl 50 :c: 125 ................~.. ~ AHH HHHHHHHHHHHHH 1_01 Ac(C) WWm mmmmmmReligiQmllSmmmFm;mCili~. mmmmmmmWmmW ~ ~~"""'ID"~ .,~.. ...".~'m... ~1'~':-.:0 .:~:".;,,~' '::'IJ'i'."::' .;:;~::." . ~:.',::~. ".:::.-2:,:,:, ....................................~.............. ~ 172 1_81 Ac(C) 4 8 <2) ............ 160 129 2.44 Ac " I I ~ 50 8 7_5 Ac(C) Existing Surrounding Use Map Owner Alice & Ronald Nisk Case: ANX2006- 10039 Site: 205 N. Belcher Road Property 0.89 (2212-2216 Drew & 2205 Norman Drive) Size (Acres): Land Use Zoning 07-29-16-90126-004-0020 PIN: 07-29-16-90126-004-0300 From CG & RL (County) C-2 & R-4 (County) 07-29-16-90126-004-0290 07-29-16-00000-330-1200 To: C & RL (City) C & LMDR (City) Atlas Page: 281A Item # 12 1. 2205 Norman Drive Attachment number 1 Page 7 of 8 2. facing west from 2205 Norman Drive 3. facing north from 2205 Norman Drive 4. facing east from 2205 Norman Drive 5. 2212-2216 Drew Street 6. 2212-2216 Drew Street Item # 12 7. 2212-2216 Drew Street 11. facing west from 2212-2216 Drew Street Attachment number 1 Page 8 of 8 8.2212-2216 Drew Street 12. facing north up Belcher Road ANX2006-10039 2212-2216 Drew Street & 2205 Norman Drive 7-Eleven Alice & Ronald Nisk Item # 12 Attachment number 2 Page 1 of 5 CDB Meeting Date: Case Number: Owner/ Appli cant: Location: Agenda Item: J anuarv 16, 2007 ANX2006-1 003 9 Alice H. Nisk and Ronald P. Nisk 205 North Belcher Road (2212-2216 Drew Street & 2205 Norman Drive) Fl CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Annexation of 0.89-acres of property to the City of Clearwater; (b) Future Land Use Plan amendments from Residential Low (RL) & Commercial General (CG) Categories (County) to Residential Low (RL) & Commercial General (CG) Categories (City of Clearwater); and (c) Rezoning from R-4, One, Two & Three Family Residential & C- 2, General Retail Commercial and Limited Services Districts (County) to Low Medium Density Residential (LMDR) & Commercial (C) Districts (City of Clearwater). SITE INFORMATION PROPERTY SIZE: 38,500 square feet or 0.89 acres (224 feet wide by 240 feet deep m.o.l.) PROPERTY USE: Current Use: Proposed Use: Duplex, vehicle sales lot Convenience Store PLAN CATEGORY: Current Category: Proposed Category: Residential Low (RL) & Commercial General (CG) (County) Residential Low (RL) & Commercial General (CG) (City) ZONING DISTRICT: Current District: Proposed District: R-4, One, Two & Three Family Residential & C-2, General Retail Commercial and Limited Services Districts (County) Low Medium Density Residential (LMDR) & Commercial (C) (City) Item # 12 Staff Report - Community Development Board -January 16,2007 - Case ANX2006-10039 Page 1 Attachment number 2 Page 2 of 5 SURROUNDING USES: North: Duplex / Single-family residence South: Religious Facility East: Professional Offices / Duplexes West: Commercial/Retail ANALYSIS This annexation involves a 0.89-acre property consisting of four parcels, located on the northeast corner of Drew Street and Belcher Road. The parcels involved in this annexation are addressed 2212, 2214, 2216 Drew Street and 2205 Norman Drive. If the related FLD2006-1 0058 case is approved the entire site will be readdressed as 205 N. Belcher Road. The property is contiguous with the existing City boundaries to the south, east and west; therefore, the proposed annexation is consistent with Pinellas County Ordinance #00-63 with regard to voluntary annexation. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. It is proposed that the property be assigned a Future Land Use Plan designations of Residential Low (RL) and Commercial General (CG) and zoning categories of Low Medium Density Residential (LMDR) & Commercial (C). I. IMP ACT ON CITY SERVICES: Recommended Findings of Fact Water and Sewer The applicant receives water service from the Pinellas County. Sanitary sewer service will be provided by the City of Clearwater and the City has adequate capacity to serve this property. The property is currently on septic. City of Clearwater water and sanitary sewer lines are located in both the Drew Street and N. Belcher Road right-of-ways. The applicant has not paid the City's sewer impact fee and assessment fee and is aware of the additional costs to extend City sewer service to this property. Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. There are currently 56 patrol officers and seven patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that it will be able to serve this property and the proposed annexation will not adversely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to this property by Station #48 located at 1700 Staff Report - Community Development Board - January 16,2007 - Case ANX2006-10039 Item # 12 Page 2 Attachment number 2 Page 3 of 5 North Belcher Road. The Fire Department will be able to serve this property. The proposed annexation will not adversely affect fire and EMS service and response time. Recommended Conclusions Of Law The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service. II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2] Recommended Findings of Fact The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map designate the site as Residential Low (RL) & Commercial General (CG). It is the purpose of the RL category to depict those areas of the County that are now developed, or appropriate to be developed, in a low density residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the low density, non-intensive qualities and natural resource characteristics of such areas. Residential is the primary use in this plan category up to a maximum of five (5) dwelling units per acre. Secondary uses include Residential Equivalent; Institutional; Transportation/Utility; Public Educational Facility; Ancillary Non-Residential and Recreation/Open Space. It is the purpose of the CG category to depict those areas of the County that are now developed, or appropriate to be developed, in a manner designed to provide community and countywide commercial goods and services; and to recognize such areas as primarily consistent with the need, relationship to adjoining uses and with the objective of encouraging a consolidated, concentrated commercial center providing for the full spectrum of commercial uses. The proposed annexation is consistent with and promotes the following objective of the City of Clearwater Comprehensive Plan: 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Recommended Conclusions of Law The property proposed for annexation is contiguous to existing city boundaries and within the City's urban service area and will be located in the RL & CG categories. The proposed annexation is consistent the City's Comprehensive Plan. Staff Report - Community Development Board - January 16,2007 - Case ANX2006-10039 Item # 12 Page 3 Attachment number 2 Page 4 of 5 III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: [Sections 2-202, 2-702 & 4-604.F.5.] Recommended Findings of Fact The site is currently zoned R-4, One, Two and Three Family Residential and C-2, General Retail Commercial and Limited Services Districts in Pinellas County. The applicant proposes to rezone the property to the Low Medium Density Residential (LMDR) & Commercial (C) Districts. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet are required. The site to be rezoned LMDR is 75 feet wide and 7,500 square feet in lot area. It is anticipated that this property will be used for parking and storm water retention. Under current C zoning requirements for an automobile service station, a minimum lot width of 100 feet and a minimum lot area of 10,000 square feet are required. The site to be rezoned C is 224 feet wide and 31,360 feet in lot area. Recommended Conclusions of Law The subj ect property exceeds the City's minimum LMDR & C dimensional requirements and is therefore consistent with the Community Development Code. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN: Recommended Findings of Fact There is no change requested in the Countywide Future Land Use Plan designations for the site, which will remain Residential Low (RL) with a maximum density of 5 dwelling units per acre and Commercial General (CG) with a maximum floor area ratio of 0.55. Recommended Conclusions of Law No change is proposed for the Future Land Use Plan designations of the property proposed for annexation and the use and density of the property is consistent with the current designations. V. CONSISTENCY WITH PINELLAS COUNTY: Recommended Findings of Fact Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has reviewed this annexation and determined it complies with all applicable ordinance criteria. Pinellas County Ordinance No. 00-63(1)(a) requires that a proposed annexation be both contiguous to the existing municipal boundaries and compact. This site is contiguous with the existing City boundaries to the south, east and west and represents a logical and appropriate extension of the existing boundaries. The compactness Staff Report - Community Development Board - January 16,2007 - Case ANX2006-10039 Item # 12 Page 4 Attachment number 2 Page 5 of 5 standard requires that the annexation not create an enclave or a serpentine pattern of municipal boundaries. Recommended Conclusions of Law The annexation of this property is consistent with this standard and no new enclave will be created. In summary, the annexation of this property is consistent with Florida law. VI. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this site. SUMMARY AND RECOMMENDATIONS The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Pinellas County Ordinance No. 00-63 regarding voluntary annexation. Based on the above analysis, the Planning Department recommends the following actions on the request: (a) Recommend APPROVAL of the annexation ofO.89-acres to the City of Clearwater; (b) Recommend APPROVAL of the Residential Low (RL) & Commercial General (CG) Future Land Use Plan classifications; and (c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) and Commercial (C) zoning classifications pursuant to the City's Community Development Code. Prepared by Planning Department Staff: Cky Ready, Planner II Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs S:\Planning DepartmentlC D BlAnnexationslANX - 2006IANX2006-10039 - 205 N Belcher - 7-ElevenIANX2006-10039 Staff_Report. doc Staff Report - Community Development Board - January 16,2007 - Case ANX2006-10039 Item # 12 Page 5 Attachment number 3 Page 1 of 1 ORDINANCE NO. 7784-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF DREW STREET AND BELCHER ROAD AND SOUTH OF NORMAN DRIVE, WHOSE POST OFFICE ADDRESS IS 2212-2216 DREW STREET, UNADDRESSED PARCEL, AND 2205 NORMAN DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WH EREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Legal description attached hereto. (ANX2006-10039) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 12 Ordinance No. 7784-07 Attachment number 4 Page 1 of 1 ORDINANCE NO. 7785-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF DREW STREET AND BELCHER ROAD AND SOUTH OF NORMAN DRIVE, WHOSE POST OFFICE ADDRESS IS 2212-2216 DREW STREET, UNADDRESSED PARCEL, AND 2205 NORMAN DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS COMMERCIAL GENERAL (CG) AND RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property A. 2212-2216 Drew S1. (See Exhibit "A") B. 2205 Norman Dr. (See Exhibit "A") (ANX2006-10039) Land Use CateQorv Commercial General Residential Low Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7784-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 12 Ordinance No. 7785-07 Attachment number 5 Page 1 of 1 ORDINANCE NO. 7786-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY AT THE NORTHEAST CORNER OF THE INTERSECTION OF DREW STREET AND BELCHER ROAD AND SOUTH OF NORMAN DRIVE, WHOSE POST OFFICE ADDRESS IS 2212-2216 DREW STREET, UNADDRESSED PARCEL, AND 2205 NORMAN DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS COMMERCIAL (C) AND LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property A. 2212-2216 Drew St. (See Exhibit "A") B. 2205 Norman Dr. (See Exhibit "A") (ANX2006-10039) Zoninq District Commercial (C) Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7784-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 12 Ordinance No. 7786-07 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7746-07 on second reading, annexing certain real property whose post office address is 222 North Belcher Road, together with the abutting right of way of North Belcher Road, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 13 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7746-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF NORTH BELCHER ROAD AND DELL AVENUE, CONSISTING OF LOT 1, PINE DELL, WHOSE POST OFFICE ADDRESS IS 222 NORTH BELCHER ROAD, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF NORTH BELCHER ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WH EREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 1 of PINE DELL, according to the plat thereof, recorded in Plat Book 45, Page 26, Public Records of Pinellas County, Florida, together with the abutting right of way of North Belcher Road (ANX2006-09031) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 13 Ordinance No. 7746-07 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7747-07 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 222 North Belcher Road, together with the abutting right of way of North Belcher Road, upon annexation into the City of Clearwater, as Residential/Office General. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 14 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7747-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF NORTH BELCHER ROAD AND DELL AVENUE, CONSISTING OF LOT 1, PINE DELL, WHOSE POST OFFICE ADDRESS IS 222 NORTH BELCHER ROAD, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF NORTH BELCHER ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL/OFFICE GENERAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 1 of PINE DELL, according to the plat thereof, recorded in Plat Book 45, Page 26, Public Records of Pinellas County, Florida, together with the abutting right of way of North Belcher Road (ANX2006-09031 ) Land Use Cateqory Residential/Office General Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7746-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 14 Ordinance No. 7747-07 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7748-07 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 222 North Belcher Road, together with the abutting right of way of North Belcher Road, upon annexation into the City of Clearwater, as Office (0). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 15 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7748-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF NORTH BELCHER ROAD AND DELL AVENUE, CONSISTING OF LOT 1, PINE DELL, WHOSE POST OFFICE ADDRESS IS 222 NORTH BELCHER ROAD, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF NORTH BELCHER ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS OFFICE (0); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 1 of PINE DELL, according to the plat thereof, recorded in Plat Book 45, Page 26, Public Records of Pinellas County, Florida, together with the abutting right of way of North Belcher Road (ANX2006-09031) Zoninq District Office (0) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7746-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 15 Ordinance No. 7748-07 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7778-07 on second reading, amending Section 32.380, Code of Ordinances, to add Section 32.380.1, outlining rebates and credits for abandoning well, lake or pond irrigation for connection to the reclaimed water system, and adding Section 32.380.2, outlining exclusions. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 16 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7778-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO RECLAIMED WATER AVAILABILITY FEE EXEMPTION IN SPECIFICALLY DEFINED AREAS BY CURRENT COOPERATIVE FUNDING AGREEMENTS WITH THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND REBATES AND INCENTIVES TO ABANDON WELL, LAKE OR POND IRRIGATION; AMENDING SECTION 32.380, CODE OF ORDINANCES, CHANGING AVAILABILITY FEE PARAMETERS; ADDING SECTION 32.380.1, OUTLINING REBATES AND CREDITS FOR ABANDONING WELL, LAKE OR POND IRRIGATION FOR CONNECTION TO THE RECLAIMED WATER SYSTEM; ADDING SECTION 32.380.2, OUTLINING EXCLUSIONS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA. Section 1. Chapter 32, Article IX, Code of Ordinances, is amended to read as follows: Sec. 32.380. Availability charge. The utility account of any improved property adjacent to a sufficiently sized reclaimed water distribution main shall include a monthly availability charge to alleviate the capital outlay of extending accessibility to the reclaimed water system. See appendix A for availability rates. Properties with existing irrigation weJ..I.s well, lake or pond irriqation system within the project areas defined in cooperative fundinq aqreements with the Southwest Florida Water Manaqement District as North Beach, South Beach, Island Estates, Harbor Oaks, Seville/Sunset. Drew Union, North Greenwood, Del Oro, and Morninqside shall not be charged for availability as long as the irrigation well, lake or pond irriqation system remains active. Availability fee exemptions will not be qranted after the burden of proof is on the property owner to verify that an irrigation ~well, lake or pond irriqation system is active and the director shall make the final determination have final approval. Section 2. Chapter 32, Article IX, Code of Ordinances, is added to read as follows: Sec. 32.380.1. Incentives. Because the overall objective is to maximize usaqe of reclaimed water and to lessen the impact of effluent discharqe into Tampa Bay, all customers willinq to abandon a private well, lake or pond irriqation system and connect to the reclaimed water system at any time: Item # 16 Attachment number 1 Page 2 of 2 shall be offered a rebate of up to $600 as reimbursement for a licensed well driller or professional to properly pluq or abandon the well. lake or pond irriqation system; and shall receive an incentive credit of $240 on the utility account. Section 3. Chapter 32, Article IX, Code of Ordinances, is added to read as follows: Section 32.380.2. Exclusions. Sinqle-family residences with wells, lakes or ponds may choose the availability fee exemption or connection to reclaimed water, but not both. Commercial or multifamily (more than 4 units) may keep an existinq private well followinq connection to the reclaimed water system for "emerqency purposes limited to times when the reclaimed water system may not be operational" with proper precautionary devices to assure no interconnection between the reclaimed water system and the private well system will be created. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 16 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7795-07 on second reading, annexing certain real property whose post office address is 1990 Abbey Lake Road and 1970 Abbey Lake Road, together with the abutting right of way of Abbey Lake Road, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 17 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7795-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF ABBEY LAKE ROAD, OPPOSITE THE INTERSECTION OF ABBEY LAKE ROAD AND HOMESTEAD COURT, CONSISTING OF A PORTION OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, METES AND BOUNDS 14/01 AND 14/02, WHOSE POST OFFICE ADDRESS IS 1990 ABBEY LAKE ROAD AND 1970 ABBEY LAKE ROAD, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF ABBEY LAKE ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WH EREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached legal descriptions, together with the abutting right of way of Abbey Lake Road. (ANX2007-01002 and ANX2007-01001) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 17 Ordinance No. 7795-07 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7796-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for whose post office address is 1990 Abbey Lake Road and 1970 Abbey Lake Road, together with the abutting right of way of Abbey Lake Road, upon annexation into the City of Clearwater, as Residential Suburban. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 18 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7796-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY ON THE WEST SIDE OF ABBEY LAKE ROAD, OPPOSITE THE INTERSECTION OF ABBEY LAKE ROAD AND HOMESTEAD COURT, CONSISTING OF A PORTION OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, METES AND BOUNDS 14/01 AND 14/02, WHOSE POST OFFICE ADDRESS IS 1990 ABBEY LAKE ROAD AND 1970 ABBEY LAKE ROAD, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF ABBEY LAKE ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL SUBURBAN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Cateqorv See attached legal descriptions, together with Residential Suburban the abutting right of way of Abbey Lake Road (ANX2007 -01002 and ANX2007 -01001) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7795-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 18 Ordinance No. 7796-07 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7797-07 on second reading, amending the zoning atlas of the city by zoning whose post office address is 1990 Abbey Lake Road and 1970 Abbey Lake Road, together with the abutting right of way of Abbey Lake Road, upon annexation into the City of Clearwater, as Low Density Residential (LDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 19 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7797-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF ABBEY LAKE ROAD, OPPOSITE THE INTERSECTION OF ABBEY LAKE ROAD AND HOMESTEAD COURT, CONSISTING OF A PORTION OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, METES AND BOUNDS 14/01 AND 14/02, WHOSE POST OFFICE ADDRESS IS 1990 ABBEY LAKE ROAD AND 1970 ABBEY LAKE ROAD, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF ABBEY LAKE ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property See attached legal descriptions, together with the abutting right of way of Abbey Lake Road (ANX2007 -01002 and ANX2007 -01001) Zoninq District Low Density Residential (LDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7795-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 19 Ordinance No. 7797-07 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7798-07 on second reading, vacating a portion of the right of way of 66th Street North, subject to a drainage and utility easement which is retained over the full width thereof. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 20 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7798-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING, A PORTION OF THE RIGHT-OF- WAY OF 66TH STREET NORTH, SUBJECT TO A DRAINAGE AND UTILITY EASEMENT WHICH IS RETAINED OVER THE FULL WIDTH THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, Edward P. and Cynthia Malinski, Kyriacos Pantelis, Ryan and Anita Gryn, Paul and Deborah Rhodes, Robertus and Henrietta van der Putten, Charles Karras, Francis and Yee Chun Kapusinsky, Gilbert and Kathy Austin, Barbara Johnson, Douglas and Sandra Norris, owners of real property located in the City of Clearwater, have requested that the City vacate the right-of-way depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said right-of-way is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: a portion of the right-of-way of 66th Street North right-of-way described as: Commencing at the southwest corner of Lot 20, Wynwoods Landing, as recorded in Plat Book 88, pages 36 - 39 of the Official Records of Pinellas County, Florida, proceed thence N 00024' 48" W along the west line of said Lot 20 a distance of 56.20 feet to the Point of Beginning, thence N 160 13' 24" W, 55.00 feet, thence N 000 24' 48" W, 782.87 feet, thence N 890 51' 16" E, 15.00 feet to a point on the West property line of Lot 11 of said Wynwoods Landing, thence S 000 24' 48" E along the west property lines of Lots 11 through 20 of said Wynwoods Landing 835.79 feet to the Point of Beginning. is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, except that the City of Clearwater hereby retains a drainage and utility easement over the described property for the installation and maintenance of any and all public utilities thereon. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. Ordinance NoI.terns#rt20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Carlos F. Col6n Assistant City Attorney Attachment number 1 Page 2 of 2 Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance NoI.terns#rt20 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7802-07 on second reading, amending Section 32.153, Code of Ordinances, changing watering restrictions, and amending Section 32.383, amending the reclaimed watering schedule. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 21 Attachment number 1 Page 1 of 3 ORDINANCE NO. 7802-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO WATERING SCHEDULE; AMENDING SECTION 32.153, CODE OF ORDINANCES, CHANGING WATERING RESTRICTIONS; AMENDING SECTION 32.383, AMENDING RECLAIMED WATERING SCHEDULE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA. Section 1. Chapter 32, Article IV, Division 3, Code of Ordinances, is amended to read as follows: Sec. 32.153. Watering Schedule. The declaration of a water shortage condition or water shortage emergency affecting all or part of the city or its water service area by the governing board or the executive director of the district supports and requires the following watering schedule for lawns, landscape and other uses of water and such schedule is established for the City of Clearwater as set forth below. (1) When using potable water (domestic and lawn meters), or water from wells, lakes or ponds: (a) Property addresses ending in even numbers, letters A through M - on TuesdaySaturdav, (b) Property addresses ending in odd numbers, letters N through Z, or mixed or no street addresses - on Sunday, (c) All locations - no watering between 8:00 a.m. and 6:00 p.m. 8:01 a.m. and 5:59 p.m. on any day; (2) When using water from wells, lakes or ponds: (a) Property addresses ending in even numbers, letters A through M on Tuesday, and/or Saturday, Cb) Property addresses ending in odd numbers, letters N through Z on Sunday, and/or \Nednesday; tE1-Property with mixed or no address on Sunday, and/or \Nednesday Cd) All locations no watering between 10:00 a.m. and ,1:00 p.m. 8:01 a.m. and 5:59 p.m. on any day; ~ ill When using reclaimed water: (a) Alllocations--On any day of the week, Item # 21 Attachment number 1 Page 2 of 3 (b) Alllocations--No watering between 10:00 a.m. and ,1:00 p.m. 8:01 a.m. and 5:59 p.m. on any day; {4f illEstablishment period for new lawns: (a) Newly installed lawns may be watered daily for 60 days, if necessary. Watering is allowed only during authorized hours for water source. (b) No watering between 10:00 a.m. to ,1:00 p.m. for well/lakes/ponds or from 8:00 a.m. to 6:00 p.m. for potable water 8:01 a.m. and 5:59 p.m. (c) All locations which contain at least 50% of new plant material - for 60 days and at authorized hours for water source, (d) All locations which contain less than 50% of new plant material - for 60 days, at authorized hours for water source and by means other than irrigation system, unless an irrigation zone is created for the area with new plant material or watered so that only the new plant material is irrigated:- - for 60 days, at authorized hours for water source. For the remainder of the location, irrigate at authorized hours for water source. tat Establishment of new landscaping, such as trees, shrubs and plants: New landscaping, including trees, shrubs, and plants, may be watered daily if done by hand with a handheld hose with an automatic shutoff. No watering is to occur between 10 a.m. and -1 p.m. 8:01 a.m. and 5:59 p.m.; and tat ffiLow-volume irrigation devices, defined as micro-irrigation, bubblers, soaker hoses, or drip tubing, shall not be restricted to specific days or times of operation; and fB @lMiscellaneous - Applicable to all water sources: (a) Cars may be washed on any day, at any time, when necessary. once per week, accordinq to the waterinq schedule above. A shutoff nozzle or other water efficient device must be used on the watering source, (b) Hand watering of trees, shrubs, flower and vegetable gardens is allowed as needed. A shutoff nozzle or other water efficient device must be used, (c) Hand watering of lawns is restricted as provided in subsections (1), (2), and (3), (-1), and (5) of this section, (d) Insecticides, fungicides and herbicides may be watered in on an unauthorized day, but watering must be within authorized hours and limited to the minimum of watering necessary. Regular designated irrigation day and hours should be used when possible, (e) Fertilizers should be watered in on authorized day, during restricted hours. (6) Requlatory compliance: Upon declaration by the District or reqional water authority of a water shortaqe condition, or upon rescindinq such declaration, the City Manaqer or desiqnee shall have the authority to alter the waterinq restrictions contained in this Section. Such alteration shall be consistent with statutory and Florida Administrative Item # 21 Attachment number 1 Page 3 of 3 Code requirements as well as administrative order of the District or reqional water authority. I Section 2. Chapter 32, Article IX, Code of Ordinances, is amended to read as follows: Sec. 32.383. Reclaimed water use restrictions. To conserve the resource, no irrigation by use of reclaimed water is allowed between the hours of 10:008:01 a.m. and-4-GG 5:59 p.m. on each day of the week. When applied, reclaimed water should be used only to the extent necessary for irrigation needs of lawns, gardens and individual plants. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 21 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7805-07 on second reading, annexing certain real property whose post office address is 1301 Fairfield Drive into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 22 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7805-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LAKEVIEW ROAD AND FAIRFIELD DRIVE, CONSISTING OF LOT 42, DOUGLAS MANOR PARK, WHOSE POST OFFICE ADDRESS IS 1301 FAIRFIELD DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WH EREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 42, Douglas Manor Park, according to the plat thereof as recorded in Plat Book 53, Page 19, Public Records of Pinellas County, Florida (ANX2007-01003) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 22 Ordinance No. 7805-07 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7806-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1301 Fairfield Drive, upon annexation into the City of Clearwater, as Residential Low. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 23 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7806-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LAKEVIEW ROAD AND FAIRFIELD DRIVE, CONSISTING OF LOT 42, DOUGLAS MANOR PARK, WHOSE POST OFFICE ADDRESS IS 1301 FAIRFIELD DRIVE UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 42, Douglas Manor Park, according to the plat thereof as recorded in Plat Book 53, Page 19, Public Records of Pinellas County, Florida (ANX2007 -01003) Land Use Cateqorv Residential Low Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7805-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 23 Ordinance No. 7806-07 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7807-07 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1301 Fairfield Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 24 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7807-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LAKEVIEW ROAD AND FAIRFIELD DRIVE, CONSISTING OF LOT 42, DOUGLAS MANOR PARK, WHOSE POST OFFICE ADDRESS IS 1301 FAIRFIELD DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 42, Douglas Manor Park, according to the plat thereof as recorded in Plat Book 53, Page 19, Public Records of Pinellas County, Florida (ANX2007 -01003) Zoninq District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7805-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 24 Ordinance No. 7807-07 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7808-07 on second reading, annexing certain real property whose post office address is 1278 Sedeeva Circle North, together with the right of way of Betty Lane, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 25 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7808-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF SEDEEVA CIRCLE NORTH AND BETTY LANE, CONSISTING OF LOT 1 AND THE EAST 40 FEET OF LOT 2, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1278 SEDEEVA CIRCLE NORTH, TOGETHER WITH THE RIGHT OF WAY OF BETTY LANE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVI 01 NG AN EFFECTIVE DATE. WH EREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 1 and the east 40 feet of Lot 2, Floradel Subdivision, according to the map or plat thereof recorded in Plat Book 15, Page 7, Public Records of Pinellas County, Florida, together with the right of way of Betty Lane (ANX2007 -01004) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 25 Ordinance No. 7808-07 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7809-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1278 Sedeeva Circle North, together with the right of way of Betty Lane, upon annexation into the City of Clearwater, as Residential Urban. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 26 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7809-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF SEDEEVA CIRCLE NORTH AND BETTY LANE, CONSISTING OF LOT 1 AND THE EAST 40 FEET OF LOT 2, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1278 SEDEEVA CIRCLE NORTH, TOGETHER WITH THE RIGHT OF WAY OF BETTY LANE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 1 and the east 40 feet of Lot 2, Floradel Subdivision, according to the map or plat thereof recorded in Plat Book 15, Page 7, Public Records of Pinellas County, Florida, together with the right of way of Betty Lane (ANX2007-01004) Land Use CateQorv Residential Urban Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7808-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 26 Ordinance No. 7809-07 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7810-07 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1278 Sedeeva Circle North, together with the right of way of Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 27 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7810-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF SEDEEVA CIRCLE NORTH AND BETTY LANE, CONSISTING OF LOT 1 AND THE EAST 40 FEET OF LOT 2, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1278 SEDEEVA CIRCLE NORTH, TOGETHER WITH THE RIGHT OF WAY OF BETTY LANE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 1 and the east 40 feet of Lot 2, Floradel Subdivision, according to the map or plat thereof recorded in Plat Book 15, Page 7, Public Records of Pinellas County, Florida, together with the right of way of Betty Lane (ANX2007 -01004) Zoninq District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7808-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 27 Ordinance No. 7810-07 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7811-07 on second reading, annexing certain real property whose post office address is 1869 East Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 28 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7811-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF SUNSET POINT ROAD AND EAST DRIVE, CONSISTING OF LOT 1, BLOCK A, CLEARWATER HIGHLANDS UNIT A, WHOSE POST OFFICE ADDRESS IS 1869 EAST DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WH EREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 1, Block A, Clearwater Highlands Unit A, according to the map or plat thereof as recorded in Plat Book 28, Page 95, Public Records of Pinellas County, Florida (ANX2007 -02005) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 28 Ordinance No. 7811-07 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7812-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1869 East Drive, upon annexation into the City of Clearwater, as Residential Low. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 29 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7812-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF SUNSET POINT ROAD AND EAST DRIVE, CONSISTING OF LOT 1, BLOCK A, CLEARWATER HIGHLANDS UNIT A, WHOSE POST OFFICE ADDRESS IS 1869 EAST DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Cateqorv Lot 1, Block A, Clearwater Highlands Unit A, Residential Low according to the map or plat thereof as recorded in Plat Book 28, Page 95, Public Records of Pinellas County, Florida (ANX2007 -02005) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7811-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 29 Ordinance No. 7812-07 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7813-07 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1869 East Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 30 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7813-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF SUNSET POINT ROAD AND EAST DRIVE, CONSISTING OF LOT 1, BLOCK A, CLEARWATER HIGHLANDS UNIT A, WHOSE POST OFFICE ADDRESS IS 1869 EAST DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 1, Block A, Clearwater Highlands Unit A, according to the map or plat thereof as recorded in Plat Book 28, Page 95, Public Records of Pinellas County, Florida (ANX2007 -02005) Zoninq District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7811-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 30 Ordinance No. 7813-07 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7814-07 on second reading, annexing certain real property whose post office address is 1836 Pineland Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 31 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7814-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF PINELAND DRIVE, APPROXIMATELY 90 FEET NORTH OF VISTA WAY CONSISTING OF LOT 26, BLOCK B, HARBOR VISTA AND THE EAST ONE-HALF OF VACATED PLAYGROUND LYING WEST OF LOT 26, BLOCK B, HARBOR VISTA, WHOSE POST OFFICE ADDRESS IS 1836 PINELAND DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WH EREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 26, Block B, Harbor Vista, according to the plat thereof as recorded in Plat Book 18, Page 41, Public Records of Pinellas County, Florida. Together with that portion of the east % of a vacated playground abutting said Lot 26, Block B, Harbor Vista and lying west thereof. (ANX2007 -02006) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 31 Ordinance No. 7814-07 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7815-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1836 Pineland Drive, upon annexation into the City of Clearwater, as Residential Urban. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 32 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7815-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF PINELAND DRIVE, APPROXIMATELY 90 FEET NORTH OF VISTA WAY CONSISTING OF LOT 26, BLOCK B, HARBOR VISTA AND THE EAST ONE-HALF OF VACATED PLAYGROUND LYING WEST OF LOT 26, BLOCK B, HARBOR VISTA, WHOSE POST OFFICE ADDRESS IS 1836 PINELAND DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 26, Block B, Harbor Vista, according to the plat thereof as recorded in Plat Book 18, Page 41, Public Records of Pinellas County, Florida. Together with that portion of the east % of a vacated playground abutting said Lot 26, Block B, Harbor Vista and lying west thereof. (A NX2007-02006) Land Use CateQorv Residential Urban Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7814-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 32 Ordinance No. 7815-07 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7816-07 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1836 Pineland Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 33 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7816-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF PINELAND DRIVE, APPROXIMATELY 90 FEET NORTH OF VISTA WAY CONSISTING OF LOT 26, BLOCK B, HARBOR VISTA AND THE EAST ONE-HALF OF VACATED PLAYGROUND LYING WEST OF LOT 26, BLOCK B, HARBOR VISTA, WHOSE POST OFFICE ADDRESS IS 1836 PINELAND DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 26, Block B, Harbor Vista, according to the plat thereof as recorded in Plat Book 18, Page 41, Public Records of Pinellas County, Florida. Together with that portion of the east % of a vacated playground abutting said Lot 26, Block B, Harbor Vista and lying west thereof. (ANX2007 -02006) ZoninQ District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7814-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 33 Ordinance No. 7816-07 Meeting Date:4/30/2007 Work Session 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 50,000 Appropriation Comment Review Approval: 1) Office of Management and Budget 2) Legal 3) Office of Management and Budget 4) Legal 5) ~r691@~rk Item # 34 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 # 34 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 # 34 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: Attest: William B. Horne II City Manager Cynthia E. Goudeau City Clerk 3 Item # 34 SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Meeting Date:4/30/2007 Work Session Council Chambers - City Hall Review Approval: 1) Clerk Cover Memo Item # 35 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Status of Increases in Hotel Density - Petersen SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 36 Visitations for Fiscal Year 2005/2006 Athletics 515,100 Clearwater Beach Recreation Center 65,500 - center 13,600 - pool Countryside Recreation Center 178,500 - center Henry L. McMullen Tennis Complex 52,100 - tennis courts Long Center 217,500 - center (playground was closed for about 6 months) 43,000 - pool (closed for about 6 months) Moccasin Lake Nature Park 46,000 Morningside Recreation Center 71,500 - center 35,600 - pool (CAT used pool for about 4 months) North Greenwood Recreation Center 140,500 - center 27,000 - pool Ross Norton Recreation Center 84,000 - center 22,000 - pool (CAT used pool for about 4 months) Wood valley 6,000 - center Total 1,503,900 . SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Meeting Date:4/30/2007 Work Session Council Chambers - City Hall Review Approval: 1) Clerk Cover Memo Item # 37 " ,1, "-.- .' I,.' oJ. ~ _ .; I: , 1:< ',''': III....~ I' . f I: . '",--" ~ Clllt_,,_ 1 , I I 't i " , 'i"" t. . 1 ~ 1 i , , , , '2 ~ :1 ,I , , it ~ :1 2: t, I , , ~~ 1 1 , 1 1 1 1 ~ I d 1 ~ 1 1 q ~ 1 1 :I 11, 11 1 1: ~: 1 1 1 1 1 , I II s f: fl '. 2; ~: (.~ I 1 !t , 1. , , , , , , , IJ :21 'I. n 1 4 1 1 ~ 1 1 d Blue BelavBaa (backDack) 2 Sets Tandem8mm Prussicks 1 150'4mmtag line 2 20 ft,1ingreenwebbing 2 30 ft, 1 in yellow webbing 1 Shock absorber 4 Edge protectors (hose) 1 5' anchor strap 2 10' anchor straps 6 Carabiners, small 2 Carabiners, large 1 Rack, turned eye 1 Eight plate 1 %" Gibbs 1 %"Gibbs 1 Mariners strap (rescuen.mner) 1 3" Pulley 1 Edge roller 1 Tri-Iink 1 Bullring 1 Swivel 1 roll Duct tape Red System Baa . (backDackl 2sets Tandem 8mm prussicks 2 20' Green webbing 2 30' Yellow webbing 1 Shock absorber 2 Rope protectors. (black) 3 Edge protectors (hose) 1 50' 4:1 haul system: 2 Small carabiners 2 Oouble%" pulleys 1 %" gibbs 50' %" rope (black) 1 5' Anchor strap 1 10' Anchor straps 6 Carabiners, . small 2 Carabiners, . large 1 Rack, turned eye t Eight plate 1 5/8" Gibbs 1 %" Gibbs 1 3" Pulley 1 Mariners strap (rescue runner) 1 roll Duct tape TRT EQUIP BAG #1lYellowl 7 Large Carabiners 7 Small Carabiners 2 3" Double pulleys 1 Tri-Iink 3 5/8" Gibbs ascenders 2 Figure 8plates 11 TRTEQUIPBAG #2 (Orange) 1 35' Orange webbing 1 30' Yellow webbing 2 20' Green webbing 1 24' Blue webbing (2") 3 Rescue runner wi black carabiner 3 Long Anchor straps 1 Pickoff strap 7 Prussicks on aluminum carabiner TRT EQUIP BAG #3 (Red) 4 Rescue harness (large) 1 Rescue harnesses (x-large) 2 Helmetsw/lights 1pr; Gloves 6 AAA batteries Con Space System Box 1 Manual 1 Command box 2 sets Headphones 1 Talkbox 2 sets Throatmiclear loops 1 l' extension cable miclmuteswitch 1 10' extension cable miclmuteswitch 1 20' extension cable miclmute switch 3 50' extension cables 1 set Extra ear pads wi alcohol prep pads 3 C cell alkaline batteries 4 AA cell alkaline batteries 1 roll Green electrical tape High Rise Bag 100' 1-3/4" hose 1 Elkhart Gombinationfog/solidbore nozzle 1 1-1/2" pipe thread to 1-1/2" fire thread adapter 1 2-1/2" to 1-1/2" adapter 2 Spanner wrenches 6 Sprinkler wedges 4 Rubber door stops First Aid Kit 12 Respiratory . Kit 1 Adult BP cuff 1 Stethoscope Peds oral airways Peds .nasal. airways Peds cannulas Pedsnon-rebreather masks Peds BP cuff Adult oral airways Adult Nasal airways Adultcannulas Adult non-rebreather masks Gloves PedS/CPR board Sterile 4x4's 3" cling Cal stat Band-Aids Convenience bags Redbi~haz . bags 1" tape Combitube V vac with supplies 02 bottle Adult BVM Peds BVM Isolation kit Adult Cannula Adult Non-rebreather mask Pen light Ammonia inhalants 2 2 1 2 2 2pr. 1 5 2 rolls 1 10 2 2 1 roll 1 1 1 1 1 1 1 1 1 2 13 TOOLBOX INVENTORY 1 Vise grip pliers 1 Vise grip needle nose pliers 1 Pliers - needle nose 1 Pliers - standard 1 Pliers - battery 1 Pliers - wire cutter 1 Pliers - channel lock 1 Sheet metal snips 1 8" crescent wrench 1 10" crescent wrench 1 Utility knife 1 Mini hacksaw 1 14" pipe wrench 1 40 oz HAMMER 4 Sprinkler stoppers (flush head) 1 16' tape measure 1 Hurst tool spark plug and wrench 1 Orange tool pouch 8 Combination wrenches 11132, 3/8(2), 7/16, %(2), 9/16(2),5/8, 3/4,7/8, 1" 1 1 0 pc combination ignition wrench set 5/32, 3/16, 13/64,7/32,15/64, 1/4,9/32, 5/16, 11/32,3/8 14 Allen wrenches 1 9 Piece Allen set 1 7 Piece Torx set 1 Black tool. pouch 9 Combination wrenches- metric 9mm, 10mm, 12mm, 13mm, 15mm, 16mm, 17mm, 18mm 1 7 pc metric hex key set 7 Allen wrenches, metric 1 3/16x4.Slotted screwdriver 1 1/4x6 Slotted Screwdriver 2 3/8 x8SIottedscrewdriver 1 #2 phillips screwdriver 1 #1. phillips screwdriver 1 #2 x 8" Phillips Screwdriver 4 Socket racks 1 6" pliers 1 Punch 4" 1 Ball peen hammer 1 Round file 1 6" flat bastard file 1 11 x%" punch 1 7/8" cold chisel 1 roll Teflon tape 1 roll Black electrical tape 1 Quick fix epoxy 1/4" drive tools: 1 0 Sockets 6 ptstd 5/32,3/16, 7/32, 1/4,9/32, 5/16, 11132,3/8,7/16,112 in 5 Sockets 6 pt deep 5/16,11/32,3/8,7/16,1/2 in 10 Sockets metric 6 pt std 4mm,5mm, 6mm, 7mm, 8mm,9mm,10mm,11mm, 12mm, 13mm 7 Sockets. metric 6 pt deep 8mm, 9mm, 1 Omm,11 mm,12mm, 13mm,14mm 1 6" nut driver 14 5/22/02 1 11/2" extension bar 1 3" extension bar 1 Torx driver (for seatbelt bolts) 1 %'"Quick release ratchet 3/8" drive tools: 8 Sockets 12 pt std 3/8, 7/16, 1/2, 9/16, 5/8, 11/16, 3/4, 13/16 11 Sockets, Metric 12. pt 9mm, 10mrn,11mm, 12mm, 13mm, 14mm, 15mm, 16mm, 17mm,18mm, 19mm 5 Sockets 8 pt std %',5/16,3/8,7/16, % 1 3" extension 1 3/8" Quick Release Ratchet 1 1/4" Adapter 1 1-1/2" Extension bar 1 3" Extension bar 1 Universaljoint 1/2" drive tools: 10 Sockets 12 pt std 7/16,1/2,9/16,5/8,11/16,3/4,13/16,7/8,15/16,1" 1 3" Extension bar 1 Quick release ratchet 1 Universal joint 15 LOCK OUTITAG OUT BOX INVENTORY 10 Safety light sticks - cyalume 1 Circuit breaker lock out 2 Multi lock hasps (6) 6 Master locks w/2 keys each: green, yellow, red, blue, black white 1 8' chain 1 LOCkout - large ball valve 1 Lockout- small ball valve 1 Large lock a plug 1 Small lock a plug 4 Lock out wheel valves 1. blue, 1 yellow, 1 green, 1 red 24 Nylon ties 3 MSA sanitizers LOCK OUT TAGS: 3 "DANGER..; LOCKED OUT BY" 3 "DANGER - DO NOT OPEN" 3 "DANGER -DO NOT STARr 3 "DANGER -DO NOTREMOVE" 3 "DANGER - HANDS OFF" 3 "DANGER - DO NOT OPERATE" 3 "DANGER - DO NOT THROW SWITCH" 5/22/02 16 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT I RECOMMENDATION: Proclamation: Be Kind to Animals Week - American Humane Association SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 38 Meeting Date:4/30/2007 Work Session Council Chambers - City Hall SUBJECT I RECOMMENDATION: Ruth Eckerd Hall Update - Robert Freedman SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 39