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03/13/2017Monday, March 13, 2017 1:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers Council Work Session Work Session Agenda March 13, 2017Council Work Session Work Session Agenda 1. Call to Order 2. Presentations March Service Awards2.1 3. Office of Management and Budget Amend the City’s fiscal year 2016/17 Operating and Capital Improvement Budgets at first quarter and pass Ordinances 9015-17 and 9016-17 on first reading. 3.1 4. Finance Approve the purchase of Excess Property, Bridge, Boiler and Machinery, and Terrorism insurance coverages from AIG and Zurich, for the period April 1, 2017 through April 1, 2018, at the level of insurance provided for in this agenda item, at an amount not to exceed $1,550,000; approve locking in the Excess Property Insurance rate of $0.2388 per $100 of values through April 1, 2020; approve a three-year rate-locked premium for the Bridge Insurance policy through 2020 totaling $164,994; and authorize the appropriate officials to execute same. (consent) 4.1 Establish the intent to reimburse certain Water and Sewer project costs incurred with proceeds from a future tax-exempt financing and adopt Resolution 17-10. 4.2 5. Parks and Recreation Approve an increase to Blanket Purchase Order (BPO BR510769) from $125,000 to $250,000 annually, to Audio Service ASP Lighting, for roof/stage/audio/lighting systems for additional concerts in Coachman Park, and authorize the appropriate officials to execute same. (consent) 5.1 Approve an increase to Blanket Purchase Order (BPO BR511259) from $75,000 to $150,000 annually, to Elite Events and Rentals LLC, for equipment rental for additional concerts in Coachman Park, and authorize the appropriate officials to execute same. (consent) 5.2 Approve a proposal by Construction Manager at Risk, Khors Construction, Inc. of Thonotosassa, Florida in the amount of $148,907.56, including a 10% contingency for the renovation of the Long Center Natatorium Lighting located at 1501 N. Belcher Road, and authorize the appropriate officials to execute same. (consent). 5.3 Page 2 City of Clearwater Printed on 3/13/2017 March 13, 2017Council Work Session Work Session Agenda Approve a proposal by Construction Manager at Risk, Khors Construction, Inc. of Thonotosassa, Florida in the amount of $564,095.08, including a 5% contingency for renovations of the Morningside Aquatics Center and Morningside Complex located at 2400 Harn Blvd., and authorize the appropriate officials to execute same. (consent) 5.4 Approve co-sponsorship and waiver of requested city fees and service charges for Fiscal Year 2017/18 special events, including four annual city events and twenty-three city co-sponsored events, at an estimated General Fund cost of $506,520 ($84,750 cash contributions and $421,770 in-kind contributions) and Enterprise Fund cost and fee waiver of $96,450 for the purposes of Fiscal Year 2017/18 departmental budget submittals. (consent) 5.5 Ratify and confirm the City Manager’s approval to provide additional funding in the amount of $107,750 to complete the Missouri Avenue Landscape Median project, to be funded by the transfer of $107,750 from general fund reserves at mid-year. 5.6 6. Engineering Approve the Second Amendment to Crown Castle Land Lease Agreement between the City of Clearwater and Crown Castle GT Company LLC, for the lease of city-owned property, located at 3200 State Road 580, and authorize the appropriate officials to execute same. (consent) 6.1 Approve an amendment to modify the description of use for an existing Sovereign Submerged Lands Easement, recorded in Official Records Book 17424, Page 1560 of the Public Records of Pinellas County, Florida and authorize the appropriate officials to execute same. (consent) 6.2 Ratify and confirm Change Order 2 and Final to Dallas 1 Construction and Development of Thonotosassa, Florida in the amount of $9,450.00 for CR 193, Grove Circle and Belcher Area Sanitary Sewer Systems (13-0049-UT) and authorize the appropriate officials to execute same. 6.3 7. Planning Approve the annexation of an unaddressed parcel located on the west side of McMullen Booth Road approximately 1,054 feet south of East Enterprise Road, together with abutting west half of right-of-way of McMullen Booth Road; and pass Ordinance 9000-17 on first reading. (ANX2016-07023) 7.1 Page 3 City of Clearwater Printed on 3/13/2017 March 13, 2017Council Work Session Work Session Agenda Approve the annexation of 2425 McMullen Booth Road, together with abutting west half of right-of-way of McMullen Booth Road; and pass Ordinance 9001-17 on first reading. (ANX2016-07024) 7.2 Approve a Future Land Use Map Amendment from the Residential Low (RL) category to the Residential Low Medium (RLM) category for 2425 McMullen Booth Road and an unaddressed parcel on McMullen Booth Road; and pass Ordinance 9002-17 on first reading. (LUP2016-02002) 7.3 Approve a Zoning Atlas Amendment from the A-E Agricultural Estate Residential District (Pinellas County) to the Medium Density Residential (MDR) District (City) for 2425 McMullen Booth Road and an unaddressed parcel on McMullen Booth Road; and pass Ordinance 9003-17 on first reading. (REZ2016-02002) 7.4 Terminate the Development Agreement between Ted and Maria Lenart, Trustees of Lenart Family Trust UTD December 20, 1991 (the property owner) and the City of Clearwater, which provided for the allocation of up to 69 units from the Hotel Density Reserve under Beach by Design, adopt Resolution 17-07 and authorize the appropriate officials to execute same. (HDA2013-08007) 7.5 Continue to a date uncertain: Deny a Development Agreement between HR Tampa Bay, LLC (the developer) and the City of Clearwater for property located at 2425 and unaddressed McMullen Booth Road; and reject Resolution 17-08. (DVA2016-09001) 7.6 Adopt Imagine Clearwater Waterfront/Bluff Master Plan, direct the City Manager to incorporate Imagine Clearwater into the Clearwater Downtown Redevelopment Plan, proceed with a development of a systematic plan and approach to implementation and adopt Resolution 17-13. 7.7 8. Public Utilities Award Invitation to Bid Number 01-17 to Pace Analytical Services LLC (Pace) in the annual amount of $200,000.00 and Advanced Environmental Laboratory Inc. (AEL) in the annual amount of $100,000.00 (primary and secondary vendors, respectively), for the purchase of the Laboratory Services, with the option for two, one-year term renewals and authorize the appropriate officials to execute same. (consent) 8.1 9. Solid Waste Approve a contract (purchase order) to DataRemote Inc. of Miami, FL in the annual amount of $475,000, for GPS/RFID Technology Services for a five-year term, with a five-year renewal term at the City’s discretion, and authorize the appropriate officials to execute same. (consent) 9.1 Page 4 City of Clearwater Printed on 3/13/2017 March 13, 2017Council Work Session Work Session Agenda Authorize a purchase order (contract) to Harris Corporation of Lynchburg, VA, in the annual amount of $280,000 for support and maintenance of the City of Clearwater Radio System, in accordance with the 20-year Maintenance Agreement approved by Council on June 20, 2002 and authorize the appropriate officials to execute same. (consent) 9.2 10. Information Technology Approve License and Services Agreements to Tyler Technologies, Inc. of Yarmouth, ME, for an amount not to exceed $2,094,449.00 for financial accounting software licensing, software maintenance, and professional services, and authorize the appropriate officials to execute same. (consent) 10.1 11. Legal Approve a Contract for Purchase of Real Property with the Clearwater Marine Aquarium for 301 Pierce Street in the amount of $4,250,000.00 and total expenditures not to exceed $4,265,000; approve a lease agreement for the same real property to the Clearwater Marine Aquarium commencing March 2017; and authorize the appropriate officials to execute all documents necessary to complete the transactions. (consent) 11.1 12. City Manager Verbal Reports 13. City Attorney Verbal Reports 14. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 15. Closing Comments by Mayor 16. Adjourn 17. Presentation(s) for Council Meeting Surveyors and Mappers Week Proclamation - Tampa Bay Chapter of the Florida Surveying and Mapping Society 17.1 Page 5 City of Clearwater Printed on 3/13/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3273 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.1 SUBJECT/RECOMMENDATION: March Service Awards SUMMARY: 5 Years of Service Christa Smith Library Antonio Notardonato General Services Janet McGinnis Library 10 Years of Service Thomas Leonard Marine and Aviation Jason King Gas John Sadowski Public Utilities Wendy Arnold Fire Michael Cannarelli Fire Travis Connolly Fire Patrick Davis Fire James Groth Fire Jason Haynor Fire Andrew Leeth Fire Eric Miller Fire Sean Premo Fire Robert Winer Fire Mark Wing Fire 15 Years of Service David Bell Parks and Recreation Joseph Taylor Parks and Recreation Kevin Richendollar Solid Waste Melvin Maciolek Engineering/Stormwater Stephanie Sansom Engineering 20 Years of Service Kimberly Foster Parks and Recreation Page 1 City of Clearwater Printed on 3/13/2017 File Number: ID#17-3273 John Clarkson Police Anthony Sammartano Fire William Wargin Fire Lesli Bland Moord Fire 25 Years of Service Paul Tavernier Public Utilities Brian McAuley Police 30 Years of Service Kevin D’Amico Police Kari Sassorossi Library Brenda Patrick Gas 35 Years of Service Brian Deimling Utility Customer Service Page 2 City of Clearwater Printed on 3/13/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9015-17, 9016-17 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Office of Managment & Budget Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Amend the City’s fiscal year 2016/17 Operating and Capital Improvement Budgets at first quarter and pass Ordinances 9015-17 and 9016-17 on first reading. SUMMARY: The fiscal year 2016/17 Operating and Capital Improvement Budgets were adopted in September 2016 by Ordinances 8946-16 and 8947-16. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. Page 1 City of Clearwater Printed on 3/13/2017 First Quarter Budget Review Fiscal Year 2016-17 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Jill Silverboard, Deputy City Manager Department Directors SUBJECT: First Quarter Budget Review - Amended City Manager's Annual Budget Report DATE: March 1, 2017 Attached is the First Quarter Budget Review in accordance with the City Code of Ordinances. The report is based on the first three months of activity (October, 2016 through December, 2016) in this fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenue and expenditure amendments reflect a net increase of $473,320. At first quarter, previously approved appropriations of General Fund reserves total $439,820 to fund the agreement with the Clearwater Ferry. Other amendments to the General Fund include an increase of $33,500 to Pier 60 concession souvenir revenues which offset increases to Pier 60 expenditures, and a transfer-in of $4,538.56 representing unspent revenues in closed special programs. Adjusted for revenue and expenditure amendments noted here, the net use of General Fund reserves at first quarter is $435,281. General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated fund reserves of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2016 books, and the allocation of reserves noted above, estimated General Fund reserves at first quarter are approximately $31 million, or 23.6% of the current year’s General Fund budget, exceeding our minimum reserve requirement by $19.8 million. Significant amendments to other City Operating Funds are noted as follows. First Quarter Budget Review Fiscal Year 2016-17 City Manager's Transmittal Solid Waste and Recycling Fund First quarter amendments to Solid Waste and Recycling Fund expenditures reflect a transfer of $50,000 to provide increased funding in the Solid Waste Commercial Container Acquisitions project as previously approved by the Council. Operating revenues in the Solid Waste and Recycling Fund more than offset this budget increase. Parking Fund Expenditure amendments in the Parking Fund reflect an increase of $50,000 to fund the enhanced Jolley Trolley spring break service as previously approved by Council. Operating revenues in the Parking Fund more than offset this budget increase. General Services Fund Amendments to General Services Fund expenditures reflect a transfer of $95,000 to provide funding in the Building Systems and the Air Conditioners – City Wide Replacements projects. This increase is offset by an allocation of fund reserves as previously approved by Council . Administrative Services Fund Amendments to Administrative Services Fund expenditures reflect a transfer of $500,000 to fund the Advanced Enterprise Audio Visual R&R project. This increase is offset by an allocation of fund reserves as previously approved by Council. Capital Improvement Fund First quarter amendments to the Capital Improvement Fund reflect a net increase of $4,212,990. This increase is primarily the result of the following amendments: an increase of $2,223,803 in grant funding from the FDOT in the Druid Road Improvements project; an increase of $500,000 in the Advanced Enterprise Audio Video project representing a transfer from Administrative Services Fund reserves; increases in grant funding from the Florida Department of Environmental Protection Agency representing $104,637 in the Bicycle Paths-Bridges project, $100,000 in the McMullen Tennis Complex, and $100,000 in the Countryside Plex Restroom/Concession/Storage project; increases in General Services Fund revenues for $60,000 in the Air Conditioner Replacement – City Wide project and $35,000 in the Building Systems project; and an increase of $50,000 Solid Waste revenues in the Commercial Container Acquisition project. All major project budget increases listed above have been previously approved by Council and are summarized on page 20. Project activity not previously approved by the Council is also summarized on page 20. This includes an increase of $1,163,778 in County fire protection tax revenue in the Main Fire Station project, an increase of $100,000 in General Fund revenue in the Moccasin Lake Park Master Plan Renovations project, an increase of $110,150 in reimbursement revenues from the City of Safety Harbor in the Facilities Upgrade and Improvement project, and an increase of $42,599 of property owners share revenue in the Line Relocation – Pasco Capital project. First Quarter Budget Review Fiscal Year 2016-17 City Manager's Transmittal Special Program Fund The Special Program Fund reflects a net budget increase of $2,027,716 at first quarter. Significant amendments include a transfer of $439,820 from the General Fund to the 2016 Clearwater Ferry program; the recognition of $112,192 in grant revenues supporting Police programs for JAG Grant (Tablets) and 2016 HVE Pedestrian and Bicycle Safety and for Parks and Recreation programs for Senior Citizens Services; $361,791 in governmental revenue from the JWB/Coordinated Child Care for after school and summer youth programming; $168,362 from the Pinellas County School Board to fund School Resource Officers for the 2016/2017 school year; over $408,000 for the special events and sponsorship program; $199,449 in fines and court proceeds to support public safety programs and the tree replacement program; and over $300,000 in contractual service revenue for Police Extra Duty and Investigative Cost Recovery. CITY OF CLEARWATER CITY OF CLEARWATER FIRST QUARTER SUMMARY MID YEAR SUMMARY 2016/17 2016/17 FY 16/17 First First First Adopted Quarter Quarter Quarter Amended Description Budget Projected Actual Variance %Adjustment Budget General Fund: Revenues 131,648,530 46,545,974 49,446,722 2,900,748 6%473,320 132,121,850 Expenditures 131,648,530 42,742,321 41,753,782 988,539 2%473,320 132,121,850 Utility Funds: Water & Sewer Fund Revenues 77,470,950 19,349,388 19,067,269 (282,119) -1%- 77,470,950 Expenditures 74,084,730 24,540,940 22,816,026 1,724,914 7%- 74,084,730 Stormwater Fund Revenues 18,100,120 4,513,684 4,630,328 116,644 3%- 18,100,120 Expenditures 17,653,660 9,187,348 8,881,439 305,909 3%- 17,653,660 Gas Fund Revenues 52,038,850 10,971,643 9,637,225 (1,334,418) -12%- 52,038,850 Expenditures 52,038,850 27,250,706 24,381,682 2,869,024 11%- 52,038,850 Solid Waste and Recycling Fund Revenues 24,718,850 6,178,913 6,447,425 268,512 4%- 24,718,850 Expenditures 24,536,640 6,931,067 6,136,970 794,097 11%50,000 24,586,640 Enterprise Funds: Marine Fund Revenues 4,481,480 1,051,656 941,412 (110,244) -10%- 4,481,480 Expenditures 4,223,510 1,125,659 1,080,227 45,432 4%- 4,223,510 Airpark Fund Revenues 299,700 74,700 78,169 3,469 5%- 299,700 Expenditures 249,330 90,822 86,974 3,848 4%- 249,330 Clearwater Harbor Marina Fund Revenues 794,190 186,149 204,390 18,241 10%- 794,190 Expenditures 643,770 198,426 174,378 24,048 12%- 643,770 Parking Fund Revenues 6,593,610 1,268,700 1,548,986 280,286 22%16,978 6,610,588 Expenditures 5,125,320 1,926,059 1,584,730 341,329 18%50,000 5,175,320 Internal Service Funds: General Services Fund Revenues 4,884,560 1,221,138 1,230,901 9,763 1%95,000 4,979,560 Expenditures 4,884,560 1,368,333 1,227,655 140,678 10%95,000 4,979,560 Administrative Services Revenues 11,752,010 2,705,392 2,697,533 (7,859) 0%500,000 12,252,010 Expenditures 11,752,010 4,353,623 4,543,801 (190,178) -4%500,000 12,252,010 Garage Fund Revenues 17,484,130 4,239,600 3,690,520 (549,080) -13%- 17,484,130 Expenditures 17,484,130 4,885,442 3,884,047 1,001,395 20%- 17,484,130 Central Insurance Fund Revenues 25,019,590 6,247,002 5,959,077 (287,925) -5%- 25,019,590 Expenditures 24,856,420 6,238,668 4,891,200 1,347,468 22%- 24,856,420 1 FIRST QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2016-17 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 7 Other Enterprise Funds Operating Budgets ................................................................................. 12 Internal Service Funds Operating Budgets ................................................................................... 16 Capital Improvement Program Budget ........................................................................................ 20 Special Program Fund Budget ....................................................................................................... 38 Special Development Fund ........................................................................................................... 45 Administrative Change Orders ...................................................................................................... 48 Ordinances ..................................................................................................................................... 49 First Quarter budgets were projected in the following manner: All department expenditure budgets have been established on a month-to-month basis so that projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was also used for revenue projections. The actual and projected data contained in this review represents three months, October 1, 2016 through December 31, 2016. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after December 31, 2016. Definitions associated with the operating funds information is presented as follows: Definitions: Original Budget The budget as adopted by the City Council on September 29, 2016. First Quarter Projections Monthly budgets submitted by departments are based on prior year experience and unique circumstances. Variance Difference between First Quarter projected and First Quarter actual. Variance % % of variance to First Quarter projection. 2 Adjustments Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on First Quarter review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. Capital Improvement Projects The amended 2016/17 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement and Special Program funds information is presented as follows: Definitions: Budget The budget as of October 1, 2016, which includes budgets from prior years, which have not been completed. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the First Quarter review. Revised Budget Adding columns one and two. Encumbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure plus encumbrance. Status C - project is completed Amend Ref Reference number for description of amendment. Increase/ (Decrease)Description Ad Valorem Taxes - At first quarter,property tax revenues exhibit an 8%positive variance.As of the end of January,approximately 87%of budgeted revenues have been collected.No amendment is proposed at this time. - At first quarter,local option,fuel and other taxes revenues exhibit a 19%positive variance.This is primarily related to timing of collection of communications tax revenue.Adjusted for timing,communications taxes are approximately 5%less than projected for the first four months of the year.No amendment is proposed until further months of revenue are available for review. Franchise Fees - At first quarter,franchise fee revenues reflect a 13%negative variance primarily related to the Duke Energy fee.Revenues received for the first four months of the year are approximately 19%lower than projections.No amendment is proposed at this time. Other Permits and Fees - At first quarter,other permits and fee revenues reflect a 12% positive variance due to better than projected building/sign permit revenues. No amendment is proposed at this time. Charges for Service 33,500 Amendments to charges for service revenue reflect an increase of $33,500 to Pier 60 concession souvenir revenues which offset expenditure increases in the Pier 60 program. Local Option, Fuel & Other Taxes City of Clearwater General Fund Revenues First Quarter Amendments FY 2016/17 3 Increase/ (Decrease)Description City of Clearwater General Fund Revenues First Quarter Amendments FY 2016/17 - At first quarter,fines and forfeitures revenues reflect a 69% positive variance primarily due to red light camera revenue. No amendment is proposed until further months of activity are available to review. Miscellaneous - At first quarter,miscellaneous revenues reflect a 95%positive variance.This is primarily due to the timing of receipt of the p- card rebate and increased rental revenues for beach umbrellas. No amendments are proposed. 4,539 Amendments to transfer in revenues reflect an increase of $4,538.56 from the following Special Programs which are being closed out due to completion:$2,750 from 181-99860, Strategic Direction Action Plan;and $1,788.56 from 181- 99867, Centennial Celebration. First quarter amendments reflect a net appropriation of $435,281.44 from General Fund reserves.Amendments represent the following allocations: 439,820 1)An appropriation of $439,820 from General Fund reserves to fund special program 181-98604,Clearwater Ferry to operate a water taxi service as approved by the Council on November 17, 2016 . (4,539) 2)At first quarter,allocations of General Fund reserves are offset by the return of $4,538.56 from closed special programs noted above in transfer in revenues. 435,281 473,320 Judgments, Fines & Forfeitures Net General Fund Revenue Amendment Net Transfer (to) from Retained Earnings Transfer (to) from Surplus Transfers In 4 Increase/ (Decrease)Description - First quarter amendments reflect a net zero amendment decreasing City Manager's flex fund by $1,500,offset by an increase to interfund transfers to special program 181-99844, United Way to provide funding for United Way Campaign activities. 33,500 Amendments to the Pier 60 program reflect a net increase of $33,500.Amendments include a $25,000 increase to utility charges,an increase of $4,000 to other services/charges,and an increase of $4,500 to operating supplies.This increase is offset by amendments recognizing additional concession souvenir revenue. Non-Departmental Amendments to Non-Departmental reflect City Council approved interfund transfers of $439,820 to capital improvement projects, as follows: 439,820 1)A transfer of $439,820 from General Fund reserves to special program 181-98604,Clearwater Ferry to operate a water service taxi throughout Clearwater,Connecting the City's Downtown Harbor Marina,Clearwater Beach Marina,and the Clearwater Beach Recreation as approved by the Council on November 17, 2016. 439,820 473,320 City of Clearwater General Fund Expenditures First Quarter Amendments FY 2016/17 City Manager's Office Net General Fund Expenditure Amendment Marine & Aviation 5 2016/17 First First 2016/17 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance %Amendment Budget General Fund Revenues Ad Valorem Taxes 44,384,830 28,902,000 31,139,146 2,237,146 8%- 44,384,830 Utility Taxes 14,717,600 2,777,051 2,777,767 716 0%- 14,717,600 Local Option, Fuel and Other Taxes 7,100,400 2,390,783 2,845,560 454,777 19%- 7,100,400 Franchise Fees 10,280,100 1,765,850 1,540,225 (225,625) -13%- 10,280,100 Other Permits & Fees 2,372,250 593,064 666,653 73,589 12%- 2,372,250 Intergovernmental 23,054,960 4,018,611 4,204,645 186,034 5%- 23,054,960 Charges for Services 15,988,040 3,883,336 3,592,238 (291,098) -7%33,500 16,021,540 Judgments, Fines and Forfeitures 950,400 200,431 338,591 138,160 69%- 950,400 Miscellaneous Revenues 1,986,180 345,195 672,248 327,053 95%- 1,986,180 Transfers In 9,161,770 1,669,653 1,669,649 (4) 0%4,539 9,166,309 Total Revenues 129,996,530 46,545,974 49,446,722 2,900,748 6%38,039 130,034,569 Transfer (to) from Surplus 1,652,000 - - - ~435,281 2,087,281 Adjusted Revenues 131,648,530 46,545,974 49,446,722 2,900,748 6%473,320 132,121,850 General Fund Expenditures City Council 331,360 108,690 114,322 (5,632) -5%- 331,360 City Manager's Office 993,950 270,744 200,642 70,102 26%- 993,950 City Attorney's Office 1,651,920 443,166 382,673 60,493 14%- 1,651,920 City Auditor's Office 216,330 60,054 59,155 899 1%- 216,330 CRA Administration 395,140 113,956 103,147 10,809 9%- 395,140 Economic Development and Housing 1,706,650 574,773 734,133 (159,360) -28%- 1,706,650 Engineering 7,865,730 2,209,141 2,087,011 122,130 6%- 7,865,730 Finance 2,472,950 668,546 611,002 57,544 9%- 2,472,950 Fire 26,312,890 7,621,588 7,919,644 (298,056) -4%- 26,312,890 Human Resources 1,226,130 335,356 294,119 41,237 12%- 1,226,130 Library 7,219,940 2,242,555 2,185,133 57,422 3%- 7,219,940 Marine & Aviation 1,219,360 349,418 313,441 35,977 10%33,500 1,252,860 Non-Departmental 6,600,840 5,046,627 5,066,983 (20,356) 0%439,820 7,040,660 Official Records and Legislative Svcs 1,060,210 289,713 267,072 22,641 8%- 1,060,210 Parks & Recreation 25,682,620 8,883,491 8,427,617 455,874 5%- 25,682,620 Planning & Development 5,627,690 1,577,111 1,369,903 207,208 13%- 5,627,690 Police 39,781,790 11,598,876 11,293,785 305,091 3%- 39,781,790 Public Communications 997,000 277,011 262,896 14,115 5%- 997,000 Public Utilities 286,030 71,505 61,104 10,401 15%- 286,030 Total Expenditures 131,648,530 42,742,321 41,753,782 988,539 2%473,320 132,121,850 For Three Month Period of October 1, 2016 - December 31, 2016 GENERAL FUND FIRST QUARTER REVIEW 6 2016/17 First First 2016/17 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance %Amendment Budget WATER & SEWER FUND Water & Sewer Revenues: Charges for Service 76,596,950 19,149,237 18,837,491 (311,746) -2%- 76,596,950 Judgments, Fines and Forfeits 271,000 67,749 74,659 6,910 10%- 271,000 Miscellaneous 603,000 132,402 155,119 22,717 17%- 603,000 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 77,470,950 19,349,388 19,067,269 (282,119) -1%- 77,470,950 Water & Sewer Expenditures: Public Utilities Administration 1,586,550 422,817 347,526 75,291 18%- 1,586,550 Wastewater Collection 10,632,980 6,749,248 6,678,380 70,868 1%- 10,632,980 Public Utilities Maintenance 4,646,290 1,247,147 1,115,524 131,623 11%- 4,646,290 WPC / Plant Operations 19,603,910 6,213,217 5,116,089 1,097,128 18%- 19,603,910 WPC / Laboratory Operations 1,613,290 427,150 348,463 78,687 18%- 1,613,290 WPC / Industrial Pretreatment 955,760 256,545 341,090 (84,545) -33%- 955,760 Water Distribution 6,704,070 2,037,018 1,918,671 118,347 6%- 6,704,070 Water Supply 12,079,990 3,074,092 2,918,481 155,611 5%- 12,079,990 Reclaimed Water 2,487,730 670,165 587,749 82,416 12%- 2,487,730 Non-Departmental 13,774,160 3,443,541 3,444,052 (511) 0%- 13,774,160 Total Expenditures 74,084,730 24,540,940 22,816,026 1,724,914 7%- 74,084,730 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:- Water and Sewer Fund Expenditures:- For Three Month Period of October 1, 2016 - December 31, 2016 UTILITY FUNDS FIRST QUARTER REVIEW At first quarter, anticipated revenues of the Water and Sewer Fund exceed anticipated expenditures by $3,386,220 for fiscal year 2016/17. No amendments are proposed to Water and Sewer Fund revenues at first quarter. No amendments are proposed to Water and Sewer Fund expenditures at first quarter. 7 2016/17 First First 2016/17 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance %Amendment Budget For Three Month Period of October 1, 2016 - December 31, 2016 UTILITY FUNDS FIRST QUARTER REVIEW STORMWATER FUND Stormwater Revenues: Charges for Service 17,715,120 4,428,783 4,522,431 93,648 2%- 17,715,120 Judgments, Fines and Forfeits 50,000 12,501 18,569 6,068 49%- 50,000 Miscellaneous 335,000 72,400 89,328 16,928 23%- 335,000 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 18,100,120 4,513,684 4,630,328 116,644 3%- 18,100,120 Stormwater Expenditures: Stormwater Management 11,180,240 7,461,283 7,407,213 54,070 1%- 11,180,240 Stormwater Maintenance 6,473,420 1,726,065 1,474,226 251,839 15%- 6,473,420 Total Expenditures 17,653,660 9,187,348 8,881,439 305,909 3%- 17,653,660 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:- Stormwater Fund Expenditures:- At first quarter, anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $446,460 for fiscal year 2016/17. No amendments are proposed to Stormwater Fund revenues at first quarter. No amendments are proposed to Stormwater Fund expenditures at first quarter. 8 2016/17 First First 2016/17 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance %Amendment Budget For Three Month Period of October 1, 2016 - December 31, 2016 UTILITY FUNDS FIRST QUARTER REVIEW GAS FUND Gas Revenues: Charges for Service 43,261,840 10,815,468 9,490,231 (1,325,237) -12%- 43,261,840 Judgments, Fines and Forfeits 153,000 38,250 33,125 (5,125) -13%- 153,000 Miscellaneous 509,500 117,925 113,869 (4,056) -3%- 509,500 Transfers In - - - - ~- - Fund Equity 8,114,510 - - - ~- 8,114,510 Total Revenues 52,038,850 10,971,643 9,637,225 (1,334,418) -12%- 52,038,850 Gas Expenditures: Administration & Supply 22,051,990 6,477,834 4,220,765 2,257,069 35%- 22,051,990 South Area Gas Operations 7,694,220 3,378,812 3,184,995 193,817 6%- 7,694,220 North Area Gas Operations 4,941,400 2,584,949 2,429,916 155,033 6%- 4,941,400 Marketing & Sales 17,351,240 14,809,111 14,546,005 263,106 2%- 17,351,240 Total Expenditures 52,038,850 27,250,706 24,381,682 2,869,024 11%- 52,038,850 Increase/ (Decrease)Amendment Description: Gas Fund Revenues:- Gas Fund Expenditures:- At first quarter, anticipated revenues of the Gas Fund equal anticipated expenditures for fiscal year 2016/17. First quarter revenues in the Gas Fund reflect a 12%negative variance due to warm winter weather patterns.No amendments are proposed at this time. At first quarter,Gas Fund expenditures reflect an 11%positive variance primarily due to lower than projected fuel purchases.No amendments are proposed. 9 2016/17 First First 2016/17 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance %Amendment Budget For Three Month Period of October 1, 2016 - December 31, 2016 UTILITY FUNDS FIRST QUARTER REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,200 300 396 96 32%- 1,200 Charges for Service 21,285,000 5,321,250 5,502,164 180,914 3%- 21,285,000 Judgments, Fines and Forfeits 85,100 21,273 21,837 564 3%- 85,100 Miscellaneous 628,000 157,002 215,001 57,999 37%- 628,000 Transfers In - - - - ~- - Solid Waste Revenues 21,999,300 5,499,825 5,739,398 239,573 4%- 21,999,300 Recycling Revenues: Other Permits and Fees 400 99 345 246 248%- 400 Intergovernmental - - - - ~- - Charges for Service 2,015,000 503,751 526,930 23,179 5%- 2,015,000 Judgments, Fines and Forfeits 7,800 1,950 2,123 173 9%- 7,800 Miscellaneous 306,350 75,788 81,129 5,341 7%- 306,350 Transfers In 390,000 97,500 97,500 - 0%- 390,000 Recycling Revenues 2,719,550 679,088 708,027 28,939 4%- 2,719,550 Fund Equity - - - - ~- - Total Revenues 24,718,850 6,178,913 6,447,425 268,512 4%- 24,718,850 Solid Waste Expenditures: Collection 17,731,470 4,938,665 4,301,756 636,909 13%50,000 17,781,470 Transfer 1,668,990 540,110 505,116 34,994 6%- 1,668,990 Container Maintenance 882,670 242,199 233,624 8,575 4%- 882,670 Administration 971,150 262,404 259,400 3,004 1%- 971,150 Solid Waste Expenditures 21,254,280 5,983,378 5,299,895 683,483 11%50,000 21,304,280 Recycling Expenditures: Residential 1,365,860 373,223 299,704 73,519 20%- 1,365,860 Multi-Family 473,490 126,208 106,158 20,050 16%- 473,490 Commercial 1,443,010 448,258 431,213 17,045 4%- 1,443,010 Recycling Expenditures 3,282,360 947,689 837,074 110,615 12%- 3,282,360 Total Expenditures 24,536,640 6,931,067 6,136,970 794,097 11%50,000 24,586,640 At first quarter, anticipated revenues of the Solid Waste and Recycling Fund exceed anticipated expenditures by $132,210 for fiscal year 2016/17. 10 2016/17 First First 2016/17 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance %Amendment Budget For Three Month Period of October 1, 2016 - December 31, 2016 UTILITY FUNDS FIRST QUARTER REVIEW SOLID WASTE AND RECYCLING FUND (continued) Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:- Solid Waste and Recycling Fund Expenditures:50,000 No amendments are proposed to Solid Waste and Recycling Fund revenues at first quarter. At first quarter Solid Waste and Recycling Fund expenditures reflect an 11%positive variance primarily due to savings in dump fees related to increased recycling and savings in garage charges. Amendments include a transfer of $50,000 to capital project 315- 96444,Solid Waste Commercial Container Acquisitions as approved by City Council on February 2, 2017. 11 2016/17 First First 2016/17 Adopted Quarter Quarter Budget Proposed Amended Budget Projection Actual Variance %Amendment Budget MARINE FUND Marine Revenues: Intergovernmental 5,000 - - - ~- 5,000 Charges for Service 4,429,230 1,040,006 916,727 (123,279) -12%- 4,429,230 Judgments, Fines and Forfeits 3,000 750 690 (60) -8%- 3,000 Miscellaneous Revenue 44,250 10,900 23,995 13,095 120%- 44,250 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 4,481,480 1,051,656 941,412 (110,244) -10%- 4,481,480 Marine Expenditures: Marina Operations 4,223,510 1,125,659 1,080,227 45,432 4%- 4,223,510 Total Expenditures 4,223,510 1,125,659 1,080,227 45,432 4%- 4,223,510 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:- Marine Fund Expenditures:- For Three Month Period of October 1, 2016 - December 31, 2016 ENTERPRISE FUNDS FIRST QUARTER REVIEW At first quarter, anticipated revenues of the Marine Fund exceed anticipated expenditures by $257,970 for fiscal year 2016/17. At first quarter,Marine Fund revenues reflect a 10%negative variance primarily due to fuel sales.No amendments are proposed at this time. At first quarter,no amendments are proposed to Marine Fund expenditures. 12 2016/17 First First 2016/17 Adopted Quarter Quarter Budget Proposed Amended Budget Projection Actual Variance %Amendment Budget For Three Month Period of October 1, 2016 - December 31, 2016 ENTERPRISE FUNDS FIRST QUARTER REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental 50,000 - - - ~- 50,000 Charges for Service 726,490 181,724 200,533 18,809 10%- 726,490 Judgments, Fines and Forfeits 1,200 300 180 (120) -40%- 1,200 Miscellaneous Revenue 16,500 4,125 3,677 (448) -11%- 16,500 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 794,190 186,149 204,390 18,241 10%- 794,190 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Operations 643,770 198,426 174,378 24,048 12%- 643,770 Total Expenditures 643,770 198,426 174,378 24,048 12%- 643,770 Increase/ (Decrease)Amendment Description: Clearwater Harbor Marina Fund Revenues:- Clearwater Harbor Marina Fund Expenditures:- At first quarter, anticipated revenues of the Clearwater Harbor Marina Fund exceed anticipated expenditures by $150,420 for fiscal year 2016/17. At first quarter,Clearwater Harbor Marina Fund revenues exhibit a 10%positive variance due to increased slip rentals. No amendments are proposed. First quarter expenditures exhibit a 12%positive variance. This represents salary savings and lower than projected operating expenditures.No amendments are proposed at this time. 13 2016/17 First First 2016/17 Adopted Quarter Quarter Budget Proposed Amended Budget Projection Actual Variance %Amendment Budget For Three Month Period of October 1, 2016 - December 31, 2016 ENTERPRISE FUNDS FIRST QUARTER REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - - ~- - Charges for Service 14,000 3,501 4,632 1,131 32%- 14,000 Miscellaneous Revenue 285,700 71,199 73,537 2,338 3%- 285,700 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 299,700 74,700 78,169 3,469 5%- 299,700 Airpark Expenditures: Airpark Operations 249,330 90,822 86,974 3,848 4%- 249,330 Total Expenditures 249,330 90,822 86,974 3,848 4%- 249,330 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:- Airpark Fund Expenditures:- At first quarter, anticipated revenues of the Airpark Fund exceed anticipated expenditures by $50,370 for fiscal year 2016/17. No amendments are proposed to Airpark Fund revenues at first quarter. No amendments are proposed to Airpark Fund expenditures at first quarter. 14 2016/17 First First 2016/17 Adopted Quarter Quarter Budget Proposed Amended Budget Projection Actual Variance %Amendment Budget For Three Month Period of October 1, 2016 - December 31, 2016 ENTERPRISE FUNDS FIRST QUARTER REVIEW PARKING FUND Parking Revenues: Charges for Service 5,686,610 1,081,199 1,362,956 281,757 26%- 5,686,610 Judgments, Fines and Forfeits 640,000 126,000 121,082 (4,918) -4%- 640,000 Miscellaneous Revenue 267,000 61,501 64,948 3,447 6%- 267,000 Transfers In - - - - ~16,978 16,978 Fund Equity - - - - ~- - Total Revenues 6,593,610 1,268,700 1,548,986 280,286 22%16,978 6,610,588 PARKING FUND EXPENDITURES Engineering/Parking System 3,748,320 1,557,147 1,285,318 271,829 17%50,000 3,798,320 Engineering/Parking Enforcement 635,220 152,330 114,868 37,462 25%- 635,220 Parks & Rec/Beach Guards 741,780 216,582 184,544 32,038 15%- 741,780 Total Expenditures 5,125,320 1,926,059 1,584,730 341,329 18%50,000 5,175,320 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:16,978 Parking Fund Expenditures:50,000 At first quarter, anticipated revenues of the Parking Fund exceed anticipated expenditures by $1,435,268 for fiscal year 2016/17. At first quarter,Parking Fund revenues exhibit a 22%positive variance due to increased parking fee revenues. Amendments reflect a transfer-in of $16,977.61 representing unused funds from closed special program 181-98605,FY16 Jolley Trolley Summer Pilot. Expenditures reflect an 18%positive variance primarily due to timing of the Jolley Trolley payment and some salary savings.Amendments reflect an increase of $50,000 to payment to agencies to fund the enhanced Jolley Trolley spring break service as approved by the Council on February 2, 2017. 15 2016/17 First First 2016/17 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance %Amendment Budget GENERAL SERVICES FUND General Services Revenues: Charges for Service 4,864,560 1,216,137 1,218,178 2,041 0%- 4,864,560 Miscellaneous Revenues 20,000 5,001 12,723 7,722 154%- 20,000 Transfers In - - - - ~- - Fund Equity - - - - ~95,000 95,000 Total Revenues 4,884,560 1,221,138 1,230,901 9,763 1%95,000 4,979,560 General Services Expenditures: Administration 509,470 198,725 183,749 14,976 8%- 509,470 Building & Maintenance 4,375,090 1,169,608 1,043,906 125,702 11%95,000 4,470,090 Total Expenditures 4,884,560 1,368,333 1,227,655 140,678 10%95,000 4,979,560 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:95,000 General Services Fund Expenditures:95,000 At first quarter, anticipated revenues of the General Services Fund equal anticipated expenditures for fiscal year 2016/17. Revenues in the General Services Fund reflect an appropriation of $95,000 from fund reserves to fund capital projects as approved by City Council on November 3, 2016. At first quarter,expenditures in the General Services Fund exhibit a 10%positive variance primarily due to salary savings,and lower than projected operating expenditures.Amendments reflect an increase of $95,000 which represents a transfer of $35,000 to the capital project 315-94530,Building Systems;and a transfer of $60,000 to capital project 315-94510,Air Conditioners -City Wide Replacements, as approved by the Council on November 3, 2016. INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2016 - December 31, 2016 16 2016/17 First First 2016/17 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance %Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2016 - December 31, 2016 ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 10,720,360 2,680,092 2,671,496 (8,596) 0%- 10,720,360 Miscellaneous Revenues 110,000 25,300 26,037 737 3%- 110,000 Transfers In - - - - ~- - Fund Equity 921,650 - - - ~500,000 1,421,650 Total Revenues 11,752,010 2,705,392 2,697,533 (7,859) 0%500,000 12,252,010 Administrative Services Expenditures: Info Tech / Admin 389,700 109,698 103,750 5,948 5%- 389,700 Info Tech / Network Svcs 3,419,880 1,227,024 1,219,855 7,169 1%500,000 3,919,880 Info Tech / Software Applications 3,541,860 1,775,888 1,920,228 (144,340) -8%- 3,541,860 Info Tech / Telecommunications 647,360 166,071 286,241 (120,170) -72%- 647,360 Public Comm / Courier 155,050 38,795 21,789 17,006 44%- 155,050 Clearwater Customer Service 3,598,160 1,036,147 991,939 44,208 4%- 3,598,160 Total Expenditures 11,752,010 4,353,623 4,543,801 (190,178) -4%500,000 12,252,010 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:500,000 Administrative Services Fund Expenditures:500,000 First quarter expenditures reflect an increase of $500,000 representing a transfer to capital project 315-94890,Advanced Enterprise Audio Visual R&R,as approved by Council on October 5, 2016. First quarter revenue amendments in the Administrative Services Fund reflect an appropriation of $500,000 from fund reserves to provide funding for capital project 315-94890,Advanced Enterprise Audio Visual R&R,as approved by Council on October 5, 2016. At first quarter, anticipated revenues of the Administrative Services Fund equal anticipated expenditures for fiscal year 2016/17. 17 2016/17 First First 2016/17 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance %Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2016 - December 31, 2016 GARAGE FUND Garage Fund Revenues Charges for Service 16,570,810 4,142,700 3,459,825 (682,875) -16%- 16,570,810 Miscellaneous Revenues 440,000 96,900 230,695 133,795 138%- 440,000 Transfers In - - - - ~- - Fund Equity 473,320 - - - ~- 473,320 Total Revenues 17,484,130 4,239,600 3,690,520 (549,080) -13%- 17,484,130 Garage Fund Expenditures: Fleet Maintenance 15,804,300 4,386,854 3,418,461 968,393 22%- 15,804,300 Radio Communications 1,679,830 498,588 465,586 33,002 7%- 1,679,830 Total Expenditures 17,484,130 4,885,442 3,884,047 1,001,395 20%- 17,484,130 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:- Garage Fund Expenditures:- At first quarter, anticipated revenues of the Garage Fund equal anticipated expenditures for fiscal year 2016/17. At first quarter,Garage Fund revenues reflect a 13%negative variance due to lower than anticipated garage charges to departments.This decrease is offset by savings in Garage Fund expenditures. No amendments are proposed. Garage fund expenditures reflect a 20%positive variance due to lower than projected operating expenditures. 18 2016/17 First First 2016/17 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance %Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2016 - December 31, 2016 CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 24,463,590 6,115,902 5,873,208 (242,694) -4%- 24,463,590 Miscellaneous Revenues 556,000 131,100 85,869 (45,231) -35%- 556,000 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 25,019,590 6,247,002 5,959,077 (287,925) -5%- 25,019,590 Central Insurance Expenditures: Finance / Risk Management 486,630 135,928 137,395 (1,467) -1%486,630 HR / Employee Benefits 386,280 106,856 91,000 15,856 15%386,280 HR / Employee Health Clinic 1,841,960 460,491 14,010 446,481 97%- 1,841,960 Non-Departmental 22,141,550 5,535,393 4,648,796 886,597 16%22,141,550 Total Expenditures 24,856,420 6,238,668 4,891,200 1,347,468 22%- 24,856,420 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:- Central Insurance Fund Expenditures:- At first quarter, anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $163,170 for fiscal year 2016/17. No amendments are proposed to Central Insurance Fund revenues at first quarter. At first quarter,expenditures in the Central Insurance Fund reflect a 22%positive variance primarily due to claims activity,and lower than projected expenditures to operate the employee health center. No amendments are proposed. 19 CAPITAL IMPROVEMENT FUND First Quarter Summary FY 2016/17 20 The amended 2016/17 Capital Improvement Program budget report is submitted for the City Council's First Quarter review. The net proposed amendment is a budget increase in the amount of $4,212,990. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following Capital Improvement Budget activity:  Main Fire Station – To record a budget increase in the amount of $1,184,258.53 comprising of a County Fire Protection Tax in the amount of $1,163,778.00 and $20,480.53 of Infrastructure Sales Tax (Penny for Pinellas). This will bring budgeted revenues in line with actual cash receipts.  Moccasin Lake Park Master Plan Renovations – To record a budget increase in the amount of $100,000.00 of General Fund revenue, representing salary savings in the fiscal year 2016 Parks and Recreation budget. This will bring budgeted revenues in line with actual cash receipts.  Facilities Upgrade & Improvement - To record a net budget increase in the amount of $110,150.03 of Other Governmental Units revenue from the City of Safety Harbor.  Line Relocation – Pasco - Capital - To record a budget increase in the amount of $42,599.22 of Property Owners Share revenue. This will bring budgeted revenues in line with actual cash receipts. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval Druid Road Improvements 2,223,803 01/19/17 Advanced Enterprise Audio Video R & R 500,000 10/05/16 Bicycle Paths-Bridges 104,637 09/15/16 McMullen Tennis Complex 100,000 02/02/17 Countryside Plex Restroom/Concession/Storage 100,000 02/02/17 Air Conditioner Replacement – City Wide 60,000 11/03/16 Commercial Container Acquisition 50,000 02/02/17 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Main Fire Station - CLOSE PROJECT 1 315-91253 (234,656) To record a budget transfer in the amount of $234,656 of Infrastructure Sales Tax (Penny for Pinellas)revenue to project 315-91268,Countryside Fire Station.The funding will provide for additional funds needed for this contract.This was approved by the City Council on October 5, 2016. 315-91253 1,184,259 * To record a budget increase in the amount of $1,184,258.53 comprising of $1,163,778.00 of County Fire Protection Tax;$20,480.53 of Infrastructure Sales Tax (Penny for Pinellas)transferred from the Special Development fund.The Fire Tax funding from Pinellas County was reimbursement for land acquisition and construction cost for the Main Fire Station.This will bring budgeted revenues in line with actual cash receipts. 315-91253 (2,067,133) To record a budget transfer in the amount of $2,067,132.83 of Infrastructure Sales Tax (Penny for Pinellas)revenue to project 315-91269,Beach Fire Station project.The Main Fire Station #45 project is complete and will be closed.(1,117,530) Countryside Fire Station 2 315-91268 234,656 To record a budget transfer in the amount of $234,656.00 of Infrastructure Sales Tax (Penny)revenue from project 315-91253,Main Fire Station.The funding will provide for additional funds needed for this contract.This was approved by the City Council on October 5, 2016.234,656 Clearwater Beach Fire Station 3 315-91269 2,067,133 To record a budget transfer in the amount of $2,067,132.83 of Infrastructure Sales Tax (Penny for Pinellas)revenue from project 315-91253,Main Fire Station #45 project.The Main Fire Station project is complete and will be closed.2,067,133 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2016/17 21 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2016/17 Druid Road Improvements 4 315-92146 2,223,803 * To record a budget increase in the amount of $2,223,803.00 of Florida Department of Transportation (FDOT)Grant proceeds.The grant funding will provide for the construction of Druid Trail Phase IV.This was approved by the City Council on January 19, 2017.2,223,803 Pelican Walk Parking Garage 5 315-92656 250,000 To record a budget transfer in the amount of $250,000 of Parking Fund revenue from project 315-92657, Parking Facilities.This will provide the final funding needed for closing the purchase of the City's spaces in Pelican Walk Garage. 250,000 Parking Facilities 6 315-92657 (250,000) To record a budget transfer in the amount of $250,000 of Parking Fund revenue to project 315-92656,Pelican Walk Parking Garage. (250,000) Brighthouse Field Infrastructure Repair / Improvement 7 315-93205 32,000 To record a budget transfer in the amount of $32,000 of General Fund revenue from project 315-93604, Boardwalks &Docks Repair &Replacement.This was approved by the City Council on October 5, 2016.32,000 Swimming Pool R&R 8 315-93271 303 To record a budget increase in the amount of $303.28 of Other General Revenue.This will bring budgeted revenues in line with actual cash receipts.303 Bicycle Paths-Bridges 9 315-93272 104,637 * To record a budget increase in the amount of $104,637.00 of Grant revenue from the State of Florida Department of Environmental Protection Recreation Trails Program.This was approved by the City Council on September 15, 2016.104,637 22 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2016/17 Boardwalks and Dock Repair & Replacement 10 315-93604 (32,000) To record a budget transfer in the amount of $32,000.00 of General Fund revenue to project 315-93205, Brighthouse Field Infrastructure Repair /Improvement. This was approved by the City Council on October 5, 2016.(32,000) McMullen Tennis Complex 11 315-93612 100,000 * To record a budget increase in the amount of $100,000.00 of grant revenue from the State of Florida Department of Environmental Protection Agency.This was approved by the City Council on February 2, 2017.100,000 Sports Field Lighting - NEW PROJECT 12 315-93620 275,000 To establish the project budget and record a transfer in the amount of $275,000 of General Fund revenue from project 315-94528,Light Replacement and Repair.The funding will provide for various field lighting renovations and replacements needed throughout the sports fields.275,000 Enterprise Dog Park - Phase II - CLOSE PROJECT 13 315-93625 (400,000) * To record a budget decrease in the amount of $400,000 comprised of other state grants in the amount of $200,000 and donation-other revenue in the amount of $200,000.The funding for this project did not become available and the project will be closed.(400,000) North Greenwood Athletic Fields - CLOSE PROJECT 14 315-93629 (588) To record a budget transfer in the amount of $588.05 of General Fund revenue to project 315-93656,Jack Russell Demolition and Refurbishment.The North Greenwood Athletic Fields project is complete and will be closed.(588) Phillip-Jones Restroom/Concession Stand Improvement 15 315-93642 16,944 * To record a budget increase in the amount of $16,943.70 of Community Development Block Grant revenue from the Special Program Fund.This will bring budgeted revenues in line with actual cash receipts.16,944 23 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2016/17 Moccasin Lake Park Master Plan Renovation 16 315-93648 100,000 * To record a budget increase in the amount of $100,000 of General Fund revenue.This budget increase represents salary savings from the fiscal year 2016 Parks and Recreation budget.The funding will provide for additional revenue for the Moccasin Lake classroom area. 100,000 Jack Russell Scoreboard & ADA 17 315-93649 (100,000) To record a budget transfer in the amount of $100,000.00 of General Fund revenue to project 315- 93664,Jack Russell Athletic Office.This was approved by the City Council on September 15, 2016.(100,000) EC Moore 8&9 Renovations/Press Box - CLOSE PROJECT 18 315-93651 (98) To record a budget transfer in the amount of $97.62 of General Fund revenue to project 315-93656,Jack Russell Demolition/Refurbishment project.The EC Moore project is complete and will be closed.(98) Countryside Plex Restroom/Concession/Storage 19 315-93652 100,000 * To record a budget increase in the amount of $100,000 of grant revenue from the State of Florida Department of Environmental Protection Agency,which will provide for field renovations.This was approved by the City Council on February 2, 2017.100,000 Joe DiMaggio Sports Complex 20 315-93655 (264,076) To record a budget transfer in the amount of $264,076 of Infrastructure Sales Tax (Penny)revenue to project 315-93664,Jack Russell Athletic Office.This was approved by the City Council on September 15, 2016.(264,076) 24 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2016/17 Jack Russell Demolition and Refurbishment 21 315-93656 588 To record a budget transfer in the amount of $588.05 of General Fund revenue from project 315-93629,North Greenwood Athletic Fields.The North Greenwood Athletic Fields project is complete and will be closed. 315-93656 98 To record a budget transfer in the amount of $97.62 of General Fund revenue from project 315-93651,EC Moore 8&9 Renovation/Press Box.The EC Moore project is complete and will be closed. 315-93656 (115,924) To record a budget transfer in the amount of $115,924.00 of Infrastructure Sales Tax (Penny for Pinellas)revenue to project 315-93664,Jack Russell Athletic Office.This was approved by the City Council on September 15, 2016.(115,238) Jack Russell Athletic Office - NEW PROJECT 22 315-93664 555,000 To establish the project budget and record a transfer in the amount of $555,000 of General Fund and Infrastructure Sales Tax (Penny for Pinellas)revenue from the following four projects:1)$264,076 of Infrastructure Sales Tax revenue from project 315- 93655,Joe DiMaggio Sports Complex;2)$115,924 of Infrastructure Sales Tax revenue from project 315- 93656,Jack Russell Demolition/Refurbishment;3) $100,000 of General Fund revenue from project 315- 93649,Jack Russell Scoreboard &ADA;and 4)$75,000 of General Fund revenue from project 315-94530, Building Systems.This was approved by the City Council on September 15, 2016.555,000 Air Conditioner Replacement - City Wide 23 315-94510 60,000 To record a budget increase in the amount of $60,000 of General Services Fund reserves.This was approved by the City Council on November 3, 2016.60,000 Light Replacement & Repair 24 315-94528 (275,000) To record a budget transfer in the amount of $275,000 of General Fund revenue to project 315-93620,Sports Field Lighting.The funding will provide for various field lighting renovations and replacements needed throughout the sports fields.(275,000) 25 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2016/17 Building Systems 25 315-94530 (75,000) To record a budget transfer in the amount of $75,000.00 of General Fund revenue to project 315-93664,Jack Russell Athletic Office.This was approved by the City Council on September 15, 2016. 315-94530 35,000 To record a budget increase in the amount of $35,000.00 of General Services Fund reserves.This was approved by the City Council on November 3, 2016.(40,000) M.S.B. Renovations Project 26 315-94531 1,060,885 To record a budget transfer in the amount of $1,060,884.51 of Special Development Fund revenue from project 315-94625,Development Services Center. The Development Services Center project will be closed.1,060,885 Development Services Center - CLOSE PROJECT 27 315-94625 (1,060,885) To record a budget transfer in the amount of $1,060,884.51 of Special Development Fund revenue to project 315-94531,M.S.B.Renovations project.The Development Services Center project will be closed.(1,060,885) Advanced Enterprise Audio Video R & R - NEW PROJECT 28 315-94890 500,000 To establish the project budget in the amount of $500,000 of Administrative Services Fund reserves.This was approved by the City Council on October 5, 2016.500,000 Stevenson Creek 29 315-96169 (1,708,984) To record a budget transfer in the amount of $1,708,984.03 of Stormwater Fund revenue to project 315-96188,East Gateway Improvements.This was approved by the City Council on January 19, 2017.(1,708,984) East Gateway Improvements 30 315-96188 1,708,984 To record a budget transfer in the amount of $1,708,984.03 of Stormwater Fund revenue from project 315-96169,Stevenson Creek.This was approved by the City Council on January 19, 2017.1,708,984 26 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2016/17 WWTP Screw Pump Replacement 31 315-96202 (45,903) * To record a budget decrease in the amount of $45,903.43 of Other Governmental Units revenue.The Safety Harbor NE Screw Pump Replacement project is complete.(45,903) Maintenance Vehicle - CLOSE PROJECT 32 316-96209 (14,998) * To record a budget decrease in the amount of $14,998.00 of Lease Purchase funding.The three vehicles were purchased under budget.The project is complete and will be closed.(14,998) Line Relocation Pinellas - Maintenance 33 315-96365 (200,000) To record a budget transfer in the amount of $200,000 of Gas Fund revenue to project 315-96386,Expanded Energy Conservation.The funding will provide for the increase in construction of mains and service lines in the System-wide Neighborhood Expansion Project.(200,000) Line Relocation Pasco - Maintenance 34 315-96376 (100,000) To record a budget transfer in the amount of $100,000 of Gas Fund revenue to project 315-96386,Expanded Energy Conservation.The funding will provide for the increase in construction of mains and service lines in the System-wide Neighborhood Expansion Project.(100,000) Pinellas New Mains- Service Lines 35 315-96377 29,219 * To record a budget increase in the amount of $29,219.41 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash receipts.29,219 Pasco New Mains- Service Lines 36 315-96378 9,028 * To record a budget increase in the amount of $9,027.83 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash receipts.9,028 27 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2016/17 Line Relocation - Pasco - Capital 37 315-96381 42,599 * To record a budget increase in the amount of $42,599.22 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash receipts. (200,000) To record a budget transfer in the amount of $200,000 of Gas Fund revenue to project 315-96386,Expanded Energy Conservation.The funding will provide for the increase in construction of mains and service lines in the System-wide Neighborhood Expansion Project.(157,401) Expanded Energy Conservation 38 315-96386 1,807 * To record a budget increase in the amount of $1,807.45 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash receipts. 500,000 To record three budget Gas Fund revenue transfers as follows;in the amount of $200,000 from project 315- 96365,Line Relocation Pinellas -Maintenance; $200,000 from project 315-96381,Line Relocation - Pasco -Capital;$100,000 from project 315-96376,Line Relocation -Pasco -Maintenance.The funding will provide for the increase in construction of mains and service lines in the System-wide Neighborhood Expansion Project.501,807 Natural Gas Vehicle 39 315-96387 6,142 * To record a budget increase in the amount of $6,142.00 of Other Refunds revenue for rebates received from the state of Florida for purchasing vehicles utilizing CNG fuel.This will bring budgeted revenues in line with actual cash receipts.6,142 Commercial Container Acquisition 40 315-96444 50,000 To record a budget increase in the amount of $50,000 of Solid Waste fund revenue.This was approved by the City Council on February 2, 2017.50,000 28 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2016/17 Sanitary Utility Relocation Accommodations 41 315-96634 4,317,103 To record a budget transfer in the amount of $4,317,103.30 of Sewer Fund revenue from project 315- 96665,Sanitary Sewer Repair and Replacement.This was approved by the City Council on January 19, 2017.4,317,103 Facilities Upgrade & Improvement 42 315-96654 (29,953) * To record a budget decrease in the amount of $29,953.08 of Other Governmental Units revenue.The Safety Harbor NE Clarifier 1-4 project and the Safety Harbor NE Indoor/Outdoor Lighting projects are complete. 315-96654 140,103 * To record a budget increase in the amount of $140,103.11 of Other Governmental Units revenue representing reimbursements due from Safety Harbor for Grit Removal project. 315-96654 260,551 To record a budget transfer in the amount of $260,550.81 of Sewer Fund revenue from project 315- 96666,WWTP East Bypass and Northeast Pump Station which will be closed.370,701 Sanitary Sewer Repair and Replacement 43 315-96665 (4,317,103) To record a budget transfer in the amount of $4,317,103.30 of Sewer Fund revenue to project 315- 96634,Sanitary Utility Relocation Accommodations. This was approved by the City Council on January 19, 2017.(4,317,103) WWTP East Bypass & N.E. Pump - CLOSE PROJECT 44 315-96666 (260,551) To record a budget transfer in the amount of $260,550.81 of Sewer Fund revenue to project 315- 96654,Facilities Upgrade &Improvements.This project is complete and will be closed.(260,551) Reclaimed Water Distribution System 45 315-96739 (2,000,000) To record a budget transfer in the amount of $2,000,000 of Water Fund revenue to project 315-96742,Line Relocation -Capital.This was approved by the City Council on January 19, 2017.(2,000,000) 29 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2016/17 Line Relocation - Capital 46 315-96742 2,000,000 To record a budget transfer in the amount of $2,000,000 of Water Fund revenue from project 315-96739, Reclaimed Water Distribution System.This was approved by the City Council on January 19, 2017.2,000,000 System Expansion 47 315-96744 300,000 To record a budget transfer in the amount of $300,000 of Water Fund revenue from project 315-96752,Water Service Lines.300,000 Water Service Lines 48 315-96752 (300,000) To record a budget transfer in the amount of $300,000 of Water Fund revenue to project 315-96744,System Expansion.(300,000) Arsenic Treatment @WTP #3 49 315-96775 (1,000,000) To record a budget transfer in the amount of $1,000,000 of Water Fund revenue to project 315-96782,Reverse Osmosis Plant @ WTP #3.This was approved by the City Council on January 19, 2017. 327-96775 (226,218) To record a budget transfer in the amount of $226,218.12 of Utility R &R revenue to project 327- 96782,Reverse Osmosis Plant @ WTP #3.This was approved by the City Council on January 19, 2017.(1,226,218) 30 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2016/17 Reverse Osmosis Plant @ WTP #3 - NEW PROJECT 50 315-96782 1,000,000 To establish the project budget and record a budget transfer in the amount of $1,000,000 of Water Fund revenue from project 315-96775,Arsenic Treatment @ WTP #3.This was approved by the City Council on January 19, 2017. 327-96782 226,218 To record a budget transfer in the amount of $226,218.12 of Utility R &R revenue from project 327- 96775,Arsenic Treatment WTP #3.This was approved by the City Council on January 19, 2017.1,226,218 4,212,990 (0) 4,212,990 INTERFUND TRANSFERS Capitol Theatre - CLOSE PROJECT 315-93623 9,259 To record a transfer of unspent revenue in the amount of $9,259.42 of Infrastructure Sales Tax (Penny for Pinellas)revenue to the Special Development fund.This project is complete and will be closed. TOTAL INTERFUND TRANSFERS:9,259 TOTAL BUDGET INCREASE /(DECREASE) 31 * indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2016 - DECEMBER 31, 2016 Budget Revised Project Open Available Amend Description 10/1/16 Amdmts Budget To Date Encumbran Balance Status Ref Police Protection 91150 Range Improvements 2,845,426 2,845,426 302,045 2,328,802 214,579 91151 Police Property / Evidence Storage 75,000 75,000 75,000 - 91152 Police District 3 Sub Station 200,000 200,000 200,000 Sub-Total 3,120,426 - 3,120,426 377,045 2,328,802 414,579 Fire Protection 91218 Fire Engine Replacement 2,170,566 2,170,566 2,148,018 22,549 91221 EMS Capital Equipment 1,165,710 1,165,710 1,031,480 134,230 91229 Replace & Upgrade Airpacks 1,907,400 1,907,400 1,671,525 235,875 91236 Rescue Vehicle 1,849,869 1,849,869 1,183,170 190,434 476,265 91253 Main Station (Fire)11,659,195 (1,117,530) 10,541,665 10,541,665 (0) C 1 91257 AED Program 174,810 174,810 119,400 55,410 91259 Radio Replacements 364,640 364,640 364,354 286 91260 Thermal Imaging Cameras 163,830 163,830 115,711 48,119 91261 Personal Protection Equipment 1,674,110 1,674,110 1,240,613 433,497 91262 SCBA Upgrade - Fill Station 125,000 125,000 82,366 42,634 91263 Extrication Tools 112,000 112,000 25,603 86,397 91264 Fire Hose Replacement 318,170 318,170 234,999 83,171 91268 Countryside Fire Station 3,697,910 234,656 3,932,566 207,750 3,462,102 262,715 2 91269 Clearwater Beach Fire Station 4,305,560 2,067,133 6,372,693 6,372,693 3 91270 Fire Station Security Cameras 350,000 350,000 93,231 256,769 81271 Fire Boat 650,000 650,000 90,987 515,311 43,702 Sub-Total 30,688,770 1,184,259 31,873,029 19,150,873 4,167,847 8,554,309 New Street Construction 92146 Druid Road Improvements 4,147,569 2,223,803 6,371,372 2,985,234 20,293 3,365,845 4 Sub-Total 4,147,569 2,223,803 6,371,372 2,985,234 20,293 3,365,845 Major Street Maintenance 92274 Bridge Maintenance & Improvements 9,274,480 9,274,480 3,777,509 1,184,066 4,312,904 92276 Traffic Calming Program 6,618,635 6,618,635 4,116,685 1,750,937 751,013 92277 Streets and Sidewalks 14,039,577 14,039,577 8,177,692 2,675,993 3,185,892 92278 Downtown Streetscaping 2,000,000 2,000,000 6,795 1,993,205 Sub-Total 31,932,692 - 31,932,692 16,071,886 5,617,791 10,243,015 Sidewalks and Bike Trail 92339 New Sidewalks 2,191,471 2,191,471 971,253 77,152 1,143,066 Sub-Total 2,191,471 - 2,191,471 971,253 77,152 1,143,066 Intersections 92559 City-Wide Intersection Improvement 1,086,378 1,086,378 544,253 41,362 500,764 92560 Signal Renovation 610,385 610,385 170,739 192,550 247,096 92561 New Signal Installation 402,877 402,877 210,061 8,682 184,135 92562 Intersection Improvements 2,737,017 2,737,017 19,998 2,717,019 Sub-Total 4,836,658 - 4,836,658 945,051 242,594 3,649,014 Parking 92650 Sand Wall Replacement on Clw Bch 421,152 421,152 337,240 3,525 80,388 92652 Parking Lot Resurfacing 1,076,633 1,076,633 268,079 808,554 92654 Parking Lot Improvement 1,230,357 1,230,357 318,491 250,708 661,158 92656 Pelican Walk Parking Garage 11,300,000 250,000 11,550,000 11,314,800 235,200 5 92657 Parking Facilities 844,909 (250,000) 594,909 101,366 7,079 486,464 6 Sub-Total 14,873,052 - 14,873,052 12,339,976 261,312 2,271,764 Actual Expenditures 32 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2016 - DECEMBER 31, 2016 Budget Revised Project Open Available Amend Description 10/1/16 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Miscellaneous Engineering 92839 Downtown Intermodal 575,000 575,000 519,967 55,033 92840 St. Petersburg Times Property 2,500,000 2,500,000 2,058,465 441,535 92841 Miscellaneous Engineering 263,396 263,396 76,680 186,716 92842 U.S. 19 Wayfinding Project 1,450,000 1,450,000 60,837 1,389,163 92843 Survey Equipment Replacement 100,000 100,000 100,000 92844 Centennial Monument 675,000 675,000 650,110 24,890 Sub-Total 5,563,396 - 5,563,396 3,366,058 - 2,197,337 Land Acquisition 93133 Park Land Acquisition 1,331,351 1,331,351 1,331,119 232 Sub-Total 1,331,351 - 1,331,351 1,331,119 - 232 Park Development 93203 Carpenter Field-Infras Rep/Improve 482,817 482,817 442,921 7,124 32,772 93205 Brighthouse Field Infrastructure Imp 1,635,345 32,000 1,667,345 1,429,873 235,821 1,650 7 93244 P&B Trucks 57,000 57,000 13,751 40,346 2,903 93247 Fitness Equipment Replacement 335,000 335,000 282,253 52,747 93251 Morningside Rec Ctr Replacement 5,965,000 5,965,000 531,857 139,954 5,293,189 93263 Public Art Maintenance 1,498 1,498 1,498 93271 Swimming Pool R&R 911,573 303 911,876 643,078 11,125 257,673 8 93272 Bicycle Paths-Bridges 4,299,196 104,637 4,403,833 3,359,552 6,540 1,037,741 9 93277 Harborview Infra Repair/Improve 635,451 635,451 503,011 132,441 93278 Long Center Infra Repairs 1,757,783 1,757,783 538,249 881,140 338,394 93286 Parking Lot/Bike Path Rsr/Imprv 778,506 778,506 541,116 237,390 93602 Sp Events Equip Rep & Rplcmnt 300,000 300,000 268,944 31,056 93604 Brdwlks & Docks Rep & Rplcmnt 457,000 (32,000) 425,000 296,413 116,161 12,426 10 93608 Miscellaneous Minor Public Art 285,543 285,543 160,403 2,250 122,890 93612 McMullen Tennis Complex 400,000 100,000 500,000 6,691 493,309 11 93618 Miscellaneous Park & Rec Contract 225,000 225,000 178,743 12,850 33,407 93620 Sports Field Lighting - 275,000 275,000 275,000 12 93623 Capitol Theatre 8,805,936 8,805,936 8,805,936 0 C 93624 Pier 60 Park Repairs and Improvements 523,882 523,882 519,505 3,736 641 93625 Enterprise Dog Park - Phase II 400,000 (400,000) 0 0 C 13 93629 North Greenwood Athletic Fields 607,707 (588) 607,119 607,119 (0) C 14 93631 Phillip Jones Park Renovations 1,097,490 1,097,490 865,177 232,313 93633 Pier 60 Park Repairs and Improvements 665,000 665,000 484,599 3,130 177,271 93634 Concrete Sidewalk & Pad Repair 258,176 258,176 119,955 138,221 93635 Park Amenity Purch & Rplcmnt 422,800 422,800 257,529 30,673 134,598 93636 Tennis Court Resurfacing 230,310 230,310 172,234 36,000 22,076 93637 Playground & Fitness Purch & Rplc 562,079 562,079 331,412 3,629 227,038 93638 Fencing Replacement Program 359,664 359,664 201,429 158,235 93639 Marina Dist Boardwalk & Entry Node 756,510 756,510 155,091 386,886 214,533 93640 Bright House Repairs 1,477,486 1,477,486 1,398,245 74,574 4,667 93642 Phillip-Jones Restroom/Concession 220,000 16,944 236,944 144,223 12,750 79,971 15 93645 Joe DiMaggio Multi Field Reno 148,000 148,000 130,127 17,873 93646 Rest Rm Expan-Barefoot Bch House 401,000 401,000 275,311 13,950 111,739 93647 Crest Lk Pk Veterans War Memorial 400,000 400,000 390,869 1,500 7,631 93648 Moccasin Lake Park Master Plan 600,000 100,000 700,000 11,696 36,872 651,432 16 93649 Jack Russell Scoreboard & ADA 198,000 (100,000) 98,000 76,492 14,364 7,144 17 93650 Crest Lake Park Improvements 1,100,000 1,100,000 14,760 82,958 1,002,282 93651 EC Moore 8 & 9 Renovations/Press Box 680,000 (98) 679,902 679,902 - C 18 93652 Countryside Plex Restroom/Concession 950,000 100,000 1,050,000 1,050,000 19 93653 Countryside Community Park Reno 100,000 100,000 100,000 93654 Recreation Centers Infrastructure Repairs 150,000 150,000 150,000 33 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2016 - DECEMBER 31, 2016 Budget Revised Project Open Available Amend Description 10/1/16 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures 93655 J.D. Sports Complex Multipurpose Fields 1,750,000 (264,076) 1,485,924 7,856 69,144 1,408,924 20 93656 Jack Russell Demo & Refurbish 394,118 (115,238) 278,880 200,318 77,876 686 21 93657 Mini Bobcat Loader & Trailer 35,000 35,000 35,000 - C 93658 Cooper's Point Park Improvements - - C 93660 Sid Lickton Batting Tunnels 100,000 100,000 35,938 3,720 60,342 93661 Frank Tack Parking Lot 399,500 399,500 399,500 93662 Administration Vehicle 21,000 21,000 21,000 - C 93663 Athletic Maintenance Equipment 52,840 52,840 34,757 17,286 798 93664 Jack Russell Athletic Office - 555,000 555,000 102,433 432,025 20,542 22 Sub-Total 42,393,210 371,884 42,765,094 25,275,766 2,754,385 14,734,943 Beautification 93322 Missouri Ave Median Beautification 389,500 389,500 34,540 332,180 22,780 Sub-Total 389,500 - 389,500 34,540 332,180 22,780 Marine Facilities 93403 Beach Guard Facility Maint 180,000 180,000 159,284 20,716 93410 Clwr Harbor Marina Maintenance 140,000 140,000 98,585 41,415 93412 City-wide Seawall Replacement 1,881,000 1,881,000 1,046,426 190,176 644,399 93415 Waterway Maintenance 285,000 285,000 134,608 280 150,112 93418 Utilities Services Replacement 307,714 307,714 119,418 5,425 182,871 93419 Dock Replacement & Repair 141,727 141,727 89,255 3,983 48,489 93420 Fuel System R & R 92,752 92,752 84,019 3,749 4,983 93421 Marine Facilities Dredging & Maint 108,715 108,715 69,514 39,201 93422 Dredging of City Waterways 746,204 746,204 440,715 96,669 208,820 93425 Seminole Boat Ramp Improvements 1,752,000 1,752,000 - 1,752,000 93495 Dock Construction 24,858 24,858 24,858 - C 93497 Docks & Seawalls 936,085 936,085 552,272 383,813 93499 Pier 60/Sailing Center Maint 321,952 321,952 265,817 56,135 Sub-Total 6,918,006 - 6,918,006 3,084,771 300,282 3,532,953 Airpark 94817 Airpark Maint & Repair 179,000 179,000 156,310 22,690 94882 Rehabilitation of Hanger "D"625,000 625,000 624,035 965 Sub-Total 804,000 - 804,000 780,345 - 23,655 Libraries 93527 Books & Other Lib Mat - II 7,796,601 7,796,601 7,474,627 321,974 93528 Countryside Library Renovation 7,480,111 7,480,111 7,433,242 46,869 93529 Main Library Entryway Improve 130,000 130,000 130,000 - C 93530 Consolidated Eastside/SPC Library 6,250,000 6,250,000 5,147,261 543,378 559,361 93531 No. Greenwood Library Child Discovery 27,600 27,600 27,503 97 93532 Library Maker Space Maint. & Upgrade 112,980 112,980 20,551 5,436 86,993 93533 Main Library Upgrade - Alt. Usage 298,850 298,850 29,397 3,400 266,053 93534 Library FF&E Repair & Replace 50,000 50,000 50,000 Sub-Total 22,146,142 - 22,146,142 20,235,079 579,717 1,331,346 Garage 94233 Motorized Equip-Cash II 1,494,856 1,494,856 1,424,391 2,877 67,588 94238 Police Vehicles 2,680,001 2,680,001 1,524,156 732,728 423,117 94241 Motorized Equipment Replace - L/P 30,488,992 30,488,992 20,275,765 5,198,098 5,015,129 94243 Radio P25 Upgrade 4,676,108 4,676,108 3,565,547 1,110,561 94244 Misc Vehicle Additions 104,000 104,000 40,000 59,135 4,866 94245 Fleet Industrial Fans 80,000 80,000 80,000 94246 Fleet Management & Mapping 320,000 320,000 320,000 Sub-Total 39,843,957 - 39,843,957 26,829,859 5,992,837 7,021,261 34 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2016 - DECEMBER 31, 2016 Budget Revised Project Open Available Amend Description 10/1/16 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Maintenance of Buildings 94510 Air Cond Replace-City Wide 3,228,538 60,000 3,288,538 2,583,901 114,166 590,471 23 94512 Roof Repairs 745,345 745,345 651,132 94,213 94514 Roof Replacements 2,630,352 2,630,352 1,510,967 107,605 1,011,780 94517 Painting of Facilities 1,142,720 1,142,720 753,887 388,833 94518 Fencing of Facilities 174,811 174,811 126,100 48,711 94519 Flooring for Facilities 1,343,952 1,343,952 973,312 9,679 360,960 94521 Elevator Refurbish/Modernization 524,722 524,722 250,827 273,895 94528 Light Replacement & Repair 729,931 (275,000) 454,931 252,673 44,635 157,623 24 94530 Building Systems 380,000 (40,000) 340,000 78,905 1,802 259,293 25 94531 M.S.B. Renovations 100,000 1,060,885 1,160,885 8,400 1,152,485 26 94532 New A/C System Chiller 600,000 600,000 600,000 94533 General Services R&R 75,000 75,000 75,000 94624 Harborview Demolition 950,000 950,000 60,747 889,253 94625 Development Services Center 1,151,160 (1,060,885) 90,275 90,275 (0) C 27 94626 Public Works Complex 632,800 632,800 54,067 45,705 533,028 Sub-Total 14,409,331 (255,000) 14,154,331 7,386,794 331,992 6,435,545 Miscellaneous 94729 City-wide Connect Infra 3,056,478 3,056,478 2,274,924 781,555 94736 Geographic Information Sys 1,102,726 1,102,726 1,024,206 78,520 94761 Poll Stor Tank Rem/Repl-Gen Fd 573,658 573,658 244,249 329,408 94803 Environmental Assmt & Clean-up 1,090,964 1,090,964 715,793 375,171 94814 Network Infra & Server Upgrade 3,685,057 3,685,057 3,197,458 487,599 94820 HR PeopleSoft Upgrade 450,000 450,000 143,462 306,538 94824 IT Disaster Recovery 460,000 460,000 354,604 105,396 94827 Telecommunications Upgrade 529,000 529,000 334,953 10,665 183,382 94828 Financial Systems Upgrades 2,576,628 2,576,628 342,229 23,153 2,211,246 94829 CIS Upgrades / Replacement 947,376 947,376 360,403 586,973 94830 MS Licensing / Upgrades 875,000 875,000 507,132 367,868 94833 Computer Monitors 380,000 380,000 334,039 45,961 94839 Roadway & Traffic Asset Mgt 440,000 440,000 387,578 52,422 94842 MSB Pkg Lot Resurf/Imprvmts 400,000 400,000 12,390 387,610 94850 Backfile Conversion of Records 500,000 500,000 165,557 334,139 304 94857 Accela Permitting & Code Enforce 350,000 350,000 90,906 259,094 94861 Library Technology 1,250,000 1,250,000 935,634 314,366 94873 Citywide Camera System 260,000 260,000 114,107 2,312 143,581 94874 City Enterprise Timekeeping System 235,000 235,000 161,897 73,103 94878 Asset Management Upgrade 180,000 180,000 18,391 13,029 148,580 94879 Aging Well Center Tech Upgrade 105,000 105,000 92,067 12,933 94880 Granicus Agenda Management Sys 85,000 85,000 41,136 43,864 94883 Business Process Review & Improve 450,000 450,000 102,047 347,953 94886 Clearwater Airpark Masterplan Update 150,000 150,000 150,000 94888 City EOC & Disaster Recovery Facility 360,000 360,000 360,000 94890 Enterprise Advanced Audio Video R&R - 500,000 500,000 500,000 28 Sub-Total 20,491,887 500,000 20,991,887 11,955,163 383,297 8,653,427 UTILITIES Stormwater Utility 96124 Storm Pipe System Improvements 20,752,929 20,752,929 14,634,656 3,069,876 3,048,397 96129 Stevenson Creek Estuary Restoration 6,287,225 6,287,225 6,284,363 2,862 96164 Allen's Creek Improvement Projects 2,848,173 2,848,173 494,826 2,262,312 91,035 96168 Stormwater System Expansion 2,651,649 2,651,649 1,058,846 453 1,592,350 96169 Stevenson Creek 6,543,372 (1,708,984) 4,834,388 3,041,662 527,816 1,264,909 29 96170 Coastal Basin Projects 4,935,414 4,935,414 3,446,148 277,249 1,212,018 35 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2016 - DECEMBER 31, 2016 Budget Revised Project Open Available Amend Description 10/1/16 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures 96173 Alligator Creek Watershed Projects 4,292,740 4,292,740 1,456,840 60,444 2,775,456 96177 Jeffords Street Outfall 1,764,722 1,764,722 1,292,454 214,310 257,958 96178 Smallwood Circle 1,781,686 1,781,686 1,781,686 - C 96180 Stormwater Maint St Sweeping Fac 2,323,408 2,323,408 334,661 1,788,748 200,000 96184 Magnolia Drive Outfall 3,400,000 3,400,000 1,076,599 2,235,252 88,150 96186 Hillcrest Bypass Culvert 3,900,000 3,900,000 212,986 42,705 3,644,309 96187 Mango Outfall 1,800,000 1,800,000 121,669 889,641 788,690 96188 East Gateway Improvements 3,573,522 1,708,984 5,282,506 313,538 91,226 4,877,743 30 96189 Dump Trailer 60,000 60,000 44,984 15,016 96190 Roll Off Truck 230,000 230,000 226,808 3,192 96191 Stormwater Vehicle 30,000 30,000 30,000 - C Sub-Total 67,174,840 - 67,174,840 35,852,725 11,460,031 19,862,084 Water System 96721 System R & R - Maintenance 4,606,799 4,606,799 2,404,689 541,888 1,660,222 96739 Reclaimed Water Dist Sys 65,071,459 (2,000,000) 63,071,459 61,981,725 646,472 443,262 45 96740 Water Supply/Treatment 5,870,430 5,870,430 5,332,840 131,017 406,574 96741 System R & R-Capitalized 10,836,996 10,836,996 8,794,908 7,203 2,034,885 96742 Line Relocation-Capitalized 13,964,486 2,000,000 15,964,486 11,192,455 1,433,525 3,338,506 46 96743 Mtr Bkflow Prev Dev/Change Out 4,184,046 4,184,046 3,924,799 259,247 96744 System Expansion 2,333,673 300,000 2,633,673 2,347,221 286,452 47 96752 Water Service Lines 5,042,119 (300,000) 4,742,119 3,657,410 9,268 1,075,441 48 96764 RO Plant Exp Res #1 16,865,751 16,865,751 16,090,704 665,131 109,916 96766 Water Quality Monitoring Devices 600,000 600,000 8,255 591,745 96767 RO Plant at Res #2 44,701,876 44,701,876 43,565,170 257,516 879,190 96768 Rebate Well, Lk, Pnd Irr Abandmt 275,000 275,000 111,008 163,992 96773 Groundwater Replenishment Facility 8,177,867 8,177,867 3,618,882 2,245,955 2,313,030 96774 Automated Meter Reading 2,300,000 2,300,000 170,699 2,129,301 96775 Arsenic Treatment WTP #3 1,359,420 (1,226,218) 133,202 133,202 (0) C 49 96780 Valve Turner Maintenance Trailer 57,884 57,884 57,884 - C 96781 Compact Track Loader 62,000 62,000 48,523 13,477 96782 Reverse Osmosis Plant @WTP #3 - 1,226,218 1,226,218 1,226,218 50 Sub-Total 186,309,806 - 186,309,806 163,391,852 5,986,498 16,931,457 Sewer System 96202 WWTP Screw Pump Replacement 4,849,383 (45,903) 4,803,480 4,261,876 541,603 31 96204 WWTP UV Disinfections System 1,567,586 1,567,586 867,544 700,042 96209 Maintenance Vehicle 109,000 (14,998) 94,002 94,002 - C 32 96211 Godwin Diesel Pump 72,000 72,000 69,833 2,167 96611 Bio-Solids Treatment 9,227,732 9,227,732 7,854,852 51,510 1,321,370 96615 Odor Control 2,567,094 2,567,094 1,971,665 134,486 460,943 96619 WWTP Generator Replacements 4,411,383 4,411,383 4,176,257 235,126 96621 WWTP New Presses 3,402,580 3,402,580 3,388,052 14,528 96630 Sanitary Sewer Extension 16,179,556 16,179,556 10,674,767 1,007,748 4,497,040 96634 Sanitary Util Reloc Accmmdtn 7,216,813 4,317,103 11,533,916 4,323,239 1,921,334 5,289,343 41 96645 Laboratory Upgrade & R&R 2,104,959 2,104,959 1,875,095 14,310 215,554 96654 Facilities Upgrade & Improvement 27,468,778 370,701 27,839,479 17,353,095 1,906,920 8,579,463 42 96664 WPC R & R 29,154,544 29,154,544 22,188,955 1,369,614 5,595,975 96665 Sanitary Sewer R&R 37,402,389 (4,317,103) 33,085,286 26,867,590 1,321,044 4,896,652 43 96666 WWTP East Bypass & NE Pump 2,586,522 (260,551) 2,325,971 2,325,971 0 C 44 96686 Pump Station Replacement 19,776,977 19,776,977 16,192,098 55,382 3,529,497 Sub-Total 168,097,295 49,249 168,146,544 124,484,891 7,782,348 35,879,304 Gas System 96358 Environmental Remediation 2,334,794 2,334,794 1,511,061 127,730 696,002 96365 Line Relocation-Pinellas Maint 934,106 (200,000) 734,106 516,403 71,751 145,951 33 36 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2016 - DECEMBER 31, 2016 Budget Revised Project Open Available Amend Description 10/1/16 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures 96367 Gas Meter Change Out-Pinellas 3,435,000 3,435,000 3,116,180 318,820 96374 Line Relocation-Pinellas Capitalized 2,781,944 2,781,944 2,280,133 501,811 96376 Line Relocation - Pasco Maint 308,593 (100,000) 208,593 84,756 123,837 34 96377 Pinellas New Main / Service Lines 28,449,544 29,219 28,478,764 26,495,309 1,983,455 35 96378 Pasco New Mains / Service Lines 13,855,830 9,028 13,864,858 11,169,509 251,288 2,444,061 36 96379 Pasco Gas Meter Change Out 717,821 717,821 625,012 92,809 96381 Line Reloc-Pasco-Capitalized 226,192 (157,401) 68,791 2,601 66,190 37 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 856,268 135,732 96384 Gas Building Renovation 14,349,675 14,349,675 703,257 1,341,272 12,305,146 96385 Gas Main Extensions 1,557,845 1,557,845 1,156,859 400,986 96386 Expanded Energy Conservation 6,038,014 501,807 6,539,822 5,278,845 1,260,977 38 96387 Natural Gas Vehicle 4,553,867 6,142 4,560,009 3,704,069 855,940 39 96389 Future IMS Software & Hardware 300,000 300,000 136,234 52,115 111,650 96390 Ford Trucks 394,000 394,000 65,722 189,162 139,116 96391 Gas System Pasco Building 2,000,000 2,000,000 2,000,000 96392 Gas Equipment Additions 191,000 191,000 22,474 161,414 7,112 Sub-Total 83,420,224 88,796 83,509,020 57,724,692 2,194,732 23,589,597 Solid Waste 96426 Facility R & R 2,402,608 2,402,608 1,584,095 76,357 742,156 96443 Res Container Acquisition-II 1,751,741 1,751,741 1,260,451 491,290 96444 Comm Container Acquisition-II 3,490,020 50,000 3,540,020 2,654,190 11,977 873,853 40 96445 Solar Trash & Recycling Kiosks 239,414 239,414 189,414 50,000 96447 S.W.Transfer Station Rebuild 1,000,000 1,000,000 687,679 312,321 96448 Solid Waste CNG Station 150,000 150,000 150,000 Sub-Total 9,033,783 50,000 9,083,783 6,375,828 88,334 2,619,621 Utility Miscellaneous 96516 Citywide Aerial Photo 159,533 159,533 151,596 7,937 96523 Pub Utilities Adm Bldg R&R 1,001,134 1,001,134 679,335 97,716 224,082 Sub-Total 1,160,667 - 1,160,667 830,931 97,716 232,019 Recycling 96804 Recycling Carts/Dumpsters 1,036,650 1,036,650 685,357 351,293 96805 Recycling Expansion/Particip/R&R 1,291,525 1,291,525 886,870 404,655 96809 Recyc Processing Ctr Expand & Upgrade 1,000,000 1,000,000 92,902 22,000 885,098 Sub-Total 3,328,175 - 3,328,175 1,665,129 22,000 1,641,046 TOTAL ALL PROJECTS 764,606,209 4,212,990 768,819,199 543,446,861 51,022,139 174,350,199 37 Special Program Fund First Quarter Budget Amendments October 1, 2016 - December 31, 2016 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs 2015 HVE Pedestrian and Bicycle Safety - CLOSE PROGRAM 1 99214 (15) To record a budget decrease of $14.52 in grant revenue to bring the budget in line with actual receipts.This project is complete and will be closed. (15) Police Extra Duty 2 99215 286,351 (11,730) To record a budget increase of $286,350.50 in Police Service revenue to bring the budget in line with actual receipts. To record a transfer of $11,729.50 in Police Service revenue to program 181-99350,Vehicle Replacement representing revenue collected for vehicle usage on extra duty jobs. 274,621 2016 JAG Grant (Tablets) - NEW PROGRAM 3 99217 51,192 To establish the program and record a budget increase of $51,192 in grant revenue from the Department of Justice (DOJ)as approved by Council on October 5, 2016. 51,192 2016 HVE Pedestrian & Bicycle Safety - NEW PROGRAM 4 99218 40,000 To establish the program and record a budget increase of $40,000 in grant revenue from the USF Center for Urban Transportation Research as approved by Council on October 5, 2016. 40,000 School Resource Officers 5 99264 168,362 154,111 To record a budget increase of $168,362 in reimbursement revenue from the Pinellas County School Board to fund Schools Resource Officers for the 2016/17 school year. To record a transfer of $154,111 in fines,forfeiture and penalties revenue from program 181-99330,Florida Contraband Forfeiture Fund to provide the remaining funding needed for the program,as approved by the Council on December 1, 2016.322,473 Police Recruitments 6 99279 2,728 To record a transfer of $2,728 in fines,forfeitures,and penalties revenue from program 181-99331,Special Law Enforcement Trust Fund.2,728 Federal Forfeiture Treasury 7 99281 661 To record a budget increase of $660.59 in interest earnings which will bring the budget in line with actual receipts.661 Police Volunteers 8 99316 6,911 To record a transfer of $6,911 in fines,forfeitures,and penalties revenue from program 181-99331,Special Law Enforcement Trust Fund.6,911 38 Special Program Fund First Quarter Budget Amendments October 1, 2016 - December 31, 2016 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Police Education Fund 9 99317 12,365 To record a budget increase of $12,365.12 in police education fine revenue which will bring the budget in line with actual receipts.12,365 Investigative Cost Recovery 10 99329 62,176 To record a net budget increase of $62,176.26 which will bring the budget in line with actual receipts.Amendments include an increase of $762.50 in other governmental revenue,an increase of $14,420.50 in overtime reimbursement revenues,and an increase of $46,993.26 in fines, forfeitures and penalties revenue.62,176 Florida Contraband Forfeiture Fund 11 99330 139,121 (154,111) To record a net budget increase of $139,120.68 which will bring the budget in line with actual receipts.Amendments include an increase of $160.13 in other governmental revenue,an increase of $8,085.60 in investment earnings,and an increase of $130,874.95 in fines, forfeitures and penalties revenue. To record a transfer of $154,111 in fines,forfeitures and penalties revenue to 181-99264,School Resource Officers as approved by the Council on December 1, 2016.(14,990) Law Enforcement Trust Fund 12 99331 (59,639) To record budget transfer of fines,forfeitures and penalties revenue to the following programs:$2,728 to 181-99279,Police Recruitments;$6,911 to 181-99316,Police Volunteers;and $50,000 to 181-99356, Safe Neighborhood Program.(59,639) Vehicle Replacement 13 99350 11,730 To record a transfer of $11,729.50 in police services revenue from 181-99215,Police Extra Duty Program.This represents revenue collected for vehicle usage on extra duty jobs. 11,730 Safe Neighborhood 14 99356 50,000 To record a transfer of $50,000 in fines,forfeitures,and penalties revenue from program 181-99331,Special Law Enforcement Trust Fund.50,000 Crime Prevention Program 15 99364 3,997 To record a budget increase of $3,997 in donation revenue to bring the budget in line with actual receipts. 3,997 39 Special Program Fund First Quarter Budget Amendments October 1, 2016 - December 31, 2016 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Federal Forfeiture Sharing 16 99387 8,017 To record a budget increase of $8,016.73 in investment earnings to bring the budget in line with actual receipts.8,017 Public Safety Program Totals:772,226 - 772,226 Social Services Program Affordable Housing Impact Fees 17 99538 3,899 To record a budget increase of $3,899.19 in interest earnings to bring the budget in line with actual receipts.3,899 Social Services Program: Totals:3,899 - 3,899 Marine Projects: Sembler Mitigation Project 18 99704 6,429 To record a budget increase of $6,428.85 in interest earnings to bring the budget in line with actual receipts.6,429 Marine Projects: Totals:6,429 - 6,429 Miscellaneous Programs: 2016 Clearwater Ferry 19 98604 439,820 To record a budget increase of $439,820 in General Fund revenue to fund the two year agreement with Clearwater Ferry Services as approved by the Council on November 17, 2016.439,820 Senior Citizens Services - EBWP - NEW PROGRAM 20 98606 15,000 To establish the program and record a budget increase of $15,000 in grant revenues from Senior Citizens Services as approved by the Council on September 15, 2016.15,000 Senior Citizens Services - Trips - NEW PROGRAM 21 98607 6,000 To establish the program and record a budget increase of $6,000 in grant revenues from Senior Citizens Services as approved by the Council on February 2, 2017.6,000 United Way 22 99844 1,500 To record a budget increase of $1,500 in General Fund revenues to provide funding for the 2017 United Way campaign activities.1,500 40 Special Program Fund First Quarter Budget Amendments October 1, 2016 - December 31, 2016 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Special Events 23 99865 408,719 To record a budget increase of $408,718.92;representing increases of $13,699.72 in rental income,$55,766.45 in sponsorship revenue,$4,875.00 in memberships and registrations, $306,241.76 in sales revenue,$301.25 in donations,and $27,834.74 in reimbursements,which will bring the budget in line with actual receipts for the quarter. 408,719 State Brownfield Redevelopment 24 99871 9 To record a budget increase of $9.08 in interest earnings to bring the budget in line with actual receipts.9 Coordinated Child Care - Ross Norton 25 99872 361,791 To record a budget increase of $361,791 in governmental revenue from the Juvenile Welfare Board (JWB)and an increase of 0.8 FTE's to provide after school and summer youth programming for fiscal year 16-17.This was approved by the Council on September 15,2016.Amendments also include an additional increase of 0.5 FTE's which is reimbursable in approved grant funding to provide clerical assistance for the administration of the JWB programs as approved by the Council on December 15, 2016.361,791 Library Special Account 26 99910 5,281 To record a budget increase of $5,281.29 in donation revenue to bring the budget in line with actual receipts.5,281 Nagano Sister City Program 27 99928 (2,175) To record a budget decrease of $2,175.19 in reimbursement revenue to bring the budget in line with actual receipts.(2,175) Tree Replacement Program 28 99970 9,216 To record a budget increase of $9,216 in fines forfeiture and penalty revenue to bring the budget in line with actual receipts.9,216 Miscellaneous Programs Total:1,245,161 - 1,245,161 2,027,716 - 2,027,716 Total Budget Increase/(Decrease): 41 Special Program Fund First Quarter Budget Amendments October 1, 2016 - December 31, 2016 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Interfund Transfers FY16 Jolley Trolley Summer Pilot - Close Program 98605 16,978 To record a transfer of $16,977.61 which will return unspent revenue back to the Parking Fund.This program is complete and will be closed. Strategic Direction Action Plan - Close Program 99860 2,750 To record a transfer of $2,750 which will return unspent revenue back to the General Fund.This program is complete and will be closed. Centennial Celebration - Close Program 99867 1,789 To record a transfer of $1,788.56 which will return unspent revenue back to the General Fund.This program is complete and will be closed. Total Interfund Transfers:21,516 42 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2016 - DECEMBER 31, 2016 Actual Expenditures Budget Revised Project Open Available Amend Description 10/01/2016 Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99566 Clearwater Dwntwn Partnership Grant 500 - 500 458 - 42 99857 Stimulus - Elctrnc Plan Submittal & Rev 289,000 - 289,000 149,927 - 139,073 Sub-Total 289,500 - 289,500 150,385 - 139,115 PUBLIC SAFETY PROGRAMS 99207 Bulletproof Vests 225,000 - 225,000 182,511 - 42,489 99209 Clearwater Cold Case Team 2014 30,671 - 30,671 27,483 - 3,188 99212 AmeriCorps Clearwater 2015 232,440 - 232,440 205,719 - 26,721 99214 2015 HVE Ped and Bicycle Safety 29,943 (15) 29,929 29,929 - - C 1 99215 Police Extra Duty 822,056 274,621 1,096,677 994,770 - 101,907 2 99216 FCASV - ESARP Program 4,985 - 4,985 - - 4,985 99217 2016 JAG Grant (Tablets)- 51,192 51,192 - 51,190 2 3 99218 2016 HVE Ped & Bicycle Safety - 40,000 40,000 6,016 - 33,984 4 99241 Human Trafficking Overtime 87,000 - 87,000 67,888 - 19,112 99242 Human Trafficking Zonta Club 5,913 - 5,913 5,150 - 763 99264 School Resource Officers 2,182,103 322,473 2,504,576 2,249,344 - 255,232 5 99279 Police Recruitments 68,282 2,728 71,010 58,715 - 12,295 6 99281 Fed Forfeitures - Treasury 170,217 661 170,878 120,171 - 50,707 7 99316 Police Volunteers 132,179 6,911 139,090 125,263 - 13,827 8 99317 Police Education Fund 1,270,850 12,365 1,283,215 1,216,810 - 66,405 9 99329 Investigative Recovery Costs 2,150,606 62,176 2,212,782 1,847,012 939 364,831 10 99330 FL Contraband Forfeiture Fnd 1,035,137 (14,990) 1,020,147 645,058 - 375,089 11 99331 Law Enforcement Trust Fund 2,673,065 (59,639) 2,613,426 2,575,120 - 38,306 12 99350 Vehicle Replacement Fund 286,732 11,730 298,462 111,217 - 187,245 13 99356 Safe Neighborhood Program 874,053 50,000 924,053 824,490 - 99,563 14 99364 Crime Prevention Program 69,599 3,997 73,596 61,304 - 12,292 15 99387 Federal Forfeiture Sharing 2,117,862 8,017 2,125,878 1,508,661 98,442 518,775 16 Sub-Total 14,468,692 772,226 15,240,918 12,862,631 150,571 2,227,717 COMMUNITY DEVELOPMENT 99421 Housing Consulting Service 115,000 - 115,000 49,334 - 65,666 99737 Public Facilities 2014 180,000 - 180,000 173,200 - 6,800 99744 Economic Development Incentives 292,500 - 292,500 262,500 - 30,000 99745 Public Facilities 2015 173,712 - 173,712 150,000 - 23,712 99752 Public Facilities 2016 499,972 - 499,972 299,060 180,070 20,842 99753 Economic Development 2016 10,000 - 10,000 - - 10,000 99754 Housing Rehab 2016 529,282 - 529,282 155,050 - 374,232 99755 Program Administration 2016 136,251 - 136,251 136,200 - 51 99756 Relocation/Demolition 2016 51,970 - 51,970 - - 51,970 99757 Infill Housing 2016 151,056 - 151,056 28,313 - 122,743 99758 Public Services 2016 121,000 - 121,000 120,870 130 - 99759 Public Facilities 2017 368,560 - 368,560 - 244,360 124,200 99760 Economic Development 2017 4,802 - 4,802 - - 4,802 99761 Public Services 2017 100,145 - 100,145 2,965 97,180 - 99762 Program Administration 2017 133,527 - 133,527 - - 133,527 99763 Housing Rehab 2017 60,600 - 60,600 - 10,600 50,000 99888 ULI Report Implementation 875,000 - 875,000 427,489 35,070 412,441 Sub-Total 3,803,377 - 3,803,377 1,804,981 567,410 1,430,986 SOCIAL SERVICES 99538 Affordable Housing Imp Fees 433,552 3,899 437,451 163,019 - 274,432 17 99562 HUD Special Education 30,000 - 30,000 27,600 - 2,400 Sub-Total 463,552 3,899 467,451 190,619 - 276,832 43 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2016 - DECEMBER 31, 2016 Actual Expenditures Budget Revised Project Open Available Amend Description 10/01/2016 Amdmt Budget To Date Encumbr Balance Status Ref MARINE 99704 Sembler Mitigation Project 705,856 6,429 712,285 703,502 2,349 6,434 18 Sub-Total 705,856 6,429 712,285 703,502 2,349 6,434 MISCELLANEOUS PROGRAMS 98601 Next Steps to Better Nutrition 10,000 - 10,000 4,975 - 5,025 98602 Branding Roll-Out 400,000 - 400,000 8,589 - 391,411 98603 Common Heritage Grang (NEH)11,188 - 11,188 10,309 - 879 98604 2016 Clearwater Ferry 79,300 439,820 519,120 235,800 - 283,320 19 98605 2016 Jolley Troller Sumer Pilot 51,330 - 51,330 51,330 - C 98606 Senior Citizens Services - EBWP - 15,000 15,000 9,295 - 5,705 20 98607 Senior Citizens Services - Trips - 6,000 6,000 - - 6,000 21 99729 Joint Hercules Pln & Econ Study 150,000 - 150,000 - - 150,000 99802 Brownfield Revolving Loan 1,200,000 - 1,200,000 420,381 - 779,619 99844 United Way 7,580 1,500 9,080 7,970 - 1,110 22 99846 Economic Development - QTI 103,959 - 103,959 60,866 - 43,093 99860 Strategic Direction Action Plan 300,000 - 300,000 300,000 - - C 99864 Clearwater Gateway Farmer's Mkt 20,000 - 20,000 8,808 - 11,192 99865 Special Events 5,876,826 408,719 6,285,545 6,074,950 127,074 83,521 23 99867 Centennial Celebration 150,000 - 150,000 150,000 - - C 99868 Federal Early Retiree Reinsurance 651,500 - 651,500 559,222 - 92,278 99869 Health Prevention Program 192,060 - 192,060 170,736 - 21,324 99871 State Brownfields Redevelopment Acct 165,454 9 165,463 165,007 - 456 24 99872 Coordinated Child Care - Ross Norton 1,497,582 361,791 1,859,373 1,047,407 - 811,966 25 99910 Library Special Account 785,352 5,281 790,633 770,616 - 20,017 26 99925 Peg Access Support 838,261 - 838,261 826,972 - 11,289 99927 Emergency Operations 5,174,659 - 5,174,659 2,989,678 - 2,184,981 99928 Nagano Sister City Program 156,794 (2,175) 154,619 132,637 - 21,982 27 99950 IDB Fees 54,131 - 54,131 32,830 - 21,301 99970 Tree Replacement Project 1,446,000 9,216 1,455,216 810,213 8,108 636,895 28 99982 EMS Incentive/Recognition 69,700 - 69,700 41,088 - 28,612 Sub-Total 19,391,676 1,245,161 20,636,837 14,889,679 135,182 5,611,976 TOTAL ALL PROJECTS 39,122,653 2,027,716 41,150,368 30,601,797 855,512 9,693,059 44 City of Clearwater SPECIAL DEVELOPMENT FUND First Quarter FY 2016/17 Increase/ (Decrease)Description Revenues Transfer-In from Capital Fund 9,259 Transfer-in revenue reflects the return of $9,259.42 in infrastructure sales tax revenue from closed capital project 315-93623,Capitol Theatre. 9,259$ Net Revenue Amendments Expenditures Transfer to Capital Improvement Fund At first quarter,no amendments are needed to Special Program Fund expenditures. -$ Net Expenditure Amendments 45 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS First Quarter: October 1, 2016 - December 31, 2016 Mid Year: October 1, 2016 - March 31, 2017 Original First Quarter Budget Amended Budget 2016/17 2016/17 Amendments Revenues: Ad Valorem Taxes 2,220,420 2,220,420 - Infrastructure Tax 10,442,200 10,442,200 - Interest Earnings 575,000 575,000 - Open Space Fees 20,000 20,000 - Recreation Facility Impact Fees 25,000 25,000 - Recreation Land Impact Fees 25,000 25,000 - Multi-Modal Impact Fees 200,000 200,000 - Local Option Gas Tax 1,535,350 1,535,350 - Allocation of Assigned Fund Balance 3,206,150 3,206,150 - Transfer-In from Capital Improvement Plan - 9,259 9,259 18,249,120 18,258,379 9,259 Expenditures: Transfer to Capital Improvement Fund Road Millage 2,220,420 2,220,420 - Infrastructure Tax 12,770,060 12,770,060 - Multi-Modal Impact fees 190,000 190,000 - Local Option Gas Tax 1,650,000 1,650,000 - Infrastructure Tax - Debt on Internal Loans 763,640 763,640 - 17,594,120 17,594,120 - SPECIAL DEVELOPMENT FUND 46 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS First Quarter: October 1, 2016 - December 31, 2016 Mid Year: October 1, 2016 - March 31, 2017 Original First Quarter Budget Amended Budget 2016/17 2016/17 Amendments Revenues: CDBG/Home Funds 667,630 667,630 - Interest Earnings 50,000 77,100 27,100 Grant Funds - 112,177 112,177 Other Governmental Revenue - 362,714 362,714 Fines, Forfeiture and Penalty Revenue - 199,449 199,449 Donations - 9,580 9,580 Sales - 306,242 306,242 Rentals - 13,700 13,700 Sponsorships - 55,766 55,766 Memberships/Registrations - 4,875 4,875 Contractual Services - 494,793 494,793 Transfers from General Fund - 441,320 441,320 Sister City Program 14,000 14,000 - Special Events 70,000 70,000 - Economic Development QTI 18,230 18,230 - Bullet Proof Vests 30,000 30,000 - Allocation of Unassigned Fund Balance 480,000 480,000 1,329,860 3,357,576 2,027,716 Expenditures: CDBG/Home Funds 667,630 667,630 - Planning - - - Public Safety 30,000 802,226 772,226 Community Development 18,230 18,230 - Social Services - 3,899 3,899 Marine - 6,429 6,429 Other Miscellaneous Programs 84,000 1,329,161 1,245,161 Transfer to Capital Fund 530,000 530,000 - 1,329,860 3,357,576 2,027,716 Revenues: HOME Investment Partnerships 283,810 283,810 - State Housing Initiatives Partnerships 699,730 699,730 - Total - HOME/SHIP Funds 983,540 983,540 - Expenditures: HOME Investment Partnerships 283,810 283,810 - State Housing Initiatives Partnerships 699,730 699,730 - Total - HOME/SHIP Programs 983,540 983,540 - SPECIAL PROGRAM FUND OTHER HOUSING ASSISTANCE FUNDS 47 ADMINISTRATIVE CHANGE ORDERS First Quarter Year Review FY 2016/17 48 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. ***** 09/28/16 Administrative Change Order #1and final –CR193, Grove Circle and Belcher Area Sanitary Sewer Systems (13-0049-UT). This change order is for final decreases, increases and adds items resulting in a net decrease to the contract. Dallas 1 Construction and Development. (731,031.20) 09/28/16 Administrative Change Order #4 and final – East WRF Effluent Filters Rehabilitation (13-0014-UT). This change order is for final decreases to unused bid items resulting in a net decrease to the contract. Poole & Kent Co. (6,442.71) 12/29/16 Administrative Change Order #2 and final – Sidewalk Construction Contract (14-0044-EN). This change order is for final decreases, increases and adds items in accordance with field conditions resulting in a net increase to the contract. Central Florida Contractors. 6,582.19 01/11/17 Administrative Change Order #1 – Police Firing Range Renovations (13- 0013-PD). This change order is for decreasing Owner Direct Purchases and Sales Tax Savings resulting in a net decrease to the contract. J. Kokolakis Contracting Inc. (434.760.03) 02/17/17 Administrative Change Order #1and final –Park Place Roadway Repairs (16-0036-EN). This change order is for final decreases, increases and adds items resulting in a net decrease to the contract. Keystone Excavators Inc. (4,121.70) Ordinance No. 9015-17 49 ORDINANCE NO. 9015-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2017 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, SOLID WASTE AND RECYCLING FUND, PARKING FUND, GENERAL SERVICES FUND, AND ADMINISTRATIVE SERVICES FUND AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2017, for operating purposes, including debt service, was adopted by Ordinance No. 8946-16; and WHEREAS, at the First Quarter Review it was found that an increase of $3,122,273 is necessary for revenues and an increase of $3,196,036 is necessary for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 8946-16 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2016 and ending September 30, 2017 a copy of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _______________________________ George N. Cretekos, Mayor Approved as to form: Attest: _______________________________ ________________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk First Quarter Budgeted Use of Total Amended Revenues Reserves Revenues Budget 2016/17 2016/17 2016/17 2016/17 Amendments General Fund: Ad Valorem Taxes 44,384,830 - 44,384,830 44,384,830 - Utility Taxes 14,717,600 - 14,717,600 14,717,600 - Local Option, Fuel & Other Taxes 7,100,400 - 7,100,400 7,100,400 - Franchise Fees 10,280,100 - 10,280,100 10,280,100 - Other Permits & Fees 2,372,250 - 2,372,250 2,372,250 - Intergovernmental Revenues 23,054,960 - 23,054,960 23,054,960 - Charges for Services 15,988,040 - 15,988,040 16,021,540 33,500 Judgments, Fines & Forfeitures 950,400 - 950,400 950,400 - Miscellaneous Revenues 1,986,180 - 1,986,180 1,986,180 - Transfers In 9,161,770 - 9,161,770 9,166,309 4,539 Other Financing Sources - - - - - Transfer (to) from Reserves - 1,652,000 1,652,000 2,087,281 435,281 Total, General Fund 129,996,530 1,652,000 131,648,530 132,121,850 473,320 Special Revenue Funds: Special Development Fund 15,042,970 3,206,150 18,249,120 18,258,379 9,259 Special Program Fund 849,860 480,000 1,329,860 3,357,576 2,027,716 Local Housing Asst Trust Fund 983,540 - 983,540 983,540 - Utility & Other Enterprise Funds: Water & Sewer Fund 77,470,950 - 77,470,950 77,470,950 Stormwater Utility Fund 18,100,120 - 18,100,120 18,100,120 Solid Waste & Recycling Fund 24,718,850 - 24,718,850 24,718,850 Gas Fund 43,924,340 8,114,510 52,038,850 52,038,850 Airpark Fund 299,700 - 299,700 299,700 Marine Fund 4,481,480 - 4,481,480 4,481,480 Clearwater Harbor Marina 794,190 - 794,190 794,190 Parking Fund 6,593,610 - 6,593,610 6,610,588 16,978 Internal Service Funds: Administrative Services Fund 10,830,360 921,650 11,752,010 12,252,010 500,000 General Services Fund 4,884,560 - 4,884,560 4,979,560 95,000 Garage Fund 17,010,810 473,320 17,484,130 17,484,130 - Central Insurance Fund 25,019,590 - 25,019,590 25,019,590 - Total, All Funds 381,001,460 14,847,630 395,849,090 398,971,363 3,122,273 EXHIBIT A 2016-17 BUDGET REVENUE 50 Ordinance #9015-17 First Quarter Original Amended Budget Budget 2016/17 2016/17 Amendments General Fund: City Council 331,360 331,360 - City Manager's Office 993,950 993,950 - City Attorney's Office 1,651,920 1,651,920 - City Auditor's Office 216,330 216,330 - CRA Administration 395,140 395,140 - Economic Development & Housing Svc 1,706,650 1,706,650 - Engineering 7,865,730 7,865,730 - Finance 2,472,950 2,472,950 - Fire 26,312,890 26,312,890 - Human Resources 1,226,130 1,226,130 - Library 7,219,940 7,219,940 - Marine & Aviation 1,219,360 1,252,860 33,500 Non-Departmental 6,600,840 7,040,660 439,820 Official Records & Legislative Svcs 1,060,210 1,060,210 - Parks & Recreation 25,682,620 25,682,620 - Planning & Development 5,627,690 5,627,690 - Police 39,781,790 39,781,790 - Public Communications 997,000 997,000 - Public Utilities 286,030 286,030 - Total, General Fund - 131,648,530 132,121,850 473,320 Special Revenue Funds: Special Development Fund 17,594,120 17,594,120 - Special Program Fund 1,329,860 3,357,576 2,027,716 Local Housing Asst Trust Fund 983,540 983,540 - Utility & Other Enterprise Funds: Water & Sewer Fund 74,084,730 74,084,730 Stormwater Utility Fund 17,653,660 17,653,660 Solid Waste & Recycling Fund 24,536,640 24,586,640 50,000 Gas Fund 52,038,850 52,038,850 Airpark Fund 249,330 249,330 Marine Fund 4,223,510 4,223,510 Clearwater Harbor Marina 643,770 643,770 Parking Fund 5,125,320 5,175,320 50,000 Internal Service Funds: Administrative Services Fund 11,752,010 12,252,010 500,000 General Services Fund 4,884,560 4,979,560 95,000 Garage Fund 17,484,130 17,484,130 - Central Insurance Fund 24,856,420 24,856,420 - Total, All Funds - 389,088,980 392,285,016 3,196,036 EXHIBIT A (Continued) 2016-17 BUDGET EXPENDITURES 51 Ordinance #9015-17 52 Ordinance No. 9016-17 ORDINANCE NO. 9016-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2017, TO REFLECT A NET INCREASE OF $4,212,990 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2017 was adopted by Ordinance No. 8947-16; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 8947-16 is amended to read: Pursuant to the First Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2016 and ending September 30, 2017, a copy of which is on file with the City Clerk, the City Council hereby adopts a First Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos, Mayor Approved as to form: Attest: ______________________________ ____________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2016/17 First Qtr Original Amended Budget Budget 2016/17 2016/17 Amendments Second Century Clearwater 3,652,000 3,652,000 - Police Protection 980,000 980,000 - Fire Protection 5,264,920 6,449,179 1,184,259 New Street Construction - 2,223,803 2,223,803 Major Street Maintenance 3,828,420 3,828,420 - Sidewalk and Bike Trail 472,000 472,000 - Intersections 535,000 535,000 - Parking 611,000 611,000 - Miscellaneous Engineering 635,000 635,000 - Park Development 7,077,940 7,449,824 371,884 Marine Facilities 635,000 635,000 - Airpark Facilities 115,000 115,000 - Libraries 373,850 373,850 - Garage 8,051,400 8,051,400 - Maintenance of Buildings 2,330,000 2,075,000 (255,000) General Public City Buildings 522,800 522,800 - Miscellaneous 2,420,000 2,920,000 500,000 Stormwater Utility 6,034,710 6,034,710 - Gas System 17,524,000 17,612,796 88,796 Solid Waste & Recycling 625,000 675,000 50,000 Utilities Miscellaneous 196,950 196,950 - Sewer System 17,295,110 17,344,359 49,249 Water System 86,000 86,000 - TOTAL PROJECT EXPENDITURES 79,266,100 83,479,090 4,212,990 GENERAL SOURCES: General Operating Revenue 7,309,890 7,409,890 100,000 Road Millage 2,220,420 2,220,420 - Penny for Pinellas 12,770,060 12,790,541 20,481 Multi-Modal Impact Fee 190,000 190,000 - Local Option Gas Tax 1,650,000 1,650,000 - County Fire Tax 1,163,778 1,163,778 Special Program Fund 530,000 546,944 16,944 Grants - Other Agencies 180,000 2,508,440 2,328,440 Other Revenue 303 303 Property Owners Share 82,654 82,654 Other Refunds 6,142 6,142 Donations 100,000 (100,000) (200,000) 53 Ordinance # 9016-17 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2016/17 First Qtr Original Amended Budget Budget 2016/17 2016/17 Amendments SELF SUPPORTING FUNDS: Marine Revenue 210,000 210,000 - Clearwater Harbor Marina Revenue 40,000 40,000 - Airpark Revenue 35,000 35,000 - Parking Revenue 631,000 631,000 - Utility System: Water Revenue 162,500 162,500 - Sewer Revenue 7,093,850 7,093,850 - Water Impact Fees 24,000 24,000 - Sewer Impact Fees 12,460 12,460 - Utility R&R 5,844,550 5,844,550 - Stormwater Utility Revenue 6,180,430 6,180,430 - Gas Revenue 17,100,000 17,100,000 - Solid Waste Revenue 525,000 575,000 50,000 Recycling Revenue 100,000 100,000 - Other Governmental Revenue - 64,247 64,247 Grants - Other Agencies - - - INTERNAL SERVICE FUNDS: General Services Revenue 75,000 170,000 95,000 Garage Revenue 546,800 546,800 - Administrative Services Revenue 1,585,000 2,085,000 500,000 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 1,092,840 1,092,840 - BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Parking 22,000 22,000 - Lease Purchase - Gas 424,000 424,000 - Lease Purchase - Water & Sewer 134,000 119,002 (14,998) Bond Issue - Water & Sewer 4,631,700 4,631,700 - BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 7,440,600 7,440,600 - Lease Purchase - Administrative Services 405,000 405,000 - TOTAL ALL FUNDING SOURCES:79,266,100 83,479,090 4,212,990 54 Ordinance # 9016-17 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3284 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve the purchase of Excess Property, Bridge, Boiler and Machinery, and Terrorism insurance coverages from AIG and Zurich, for the period April 1, 2017 through April 1, 2018, at the level of insurance provided for in this agenda item, at an amount not to exceed $1,550,000; approve locking in the Excess Property Insurance rate of $0.2388 per $100 of values through April 1, 2020; approve a three-year rate-locked premium for the Bridge Insurance policy through 2020 totaling $164,994; and authorize the appropriate officials to execute same. (consent) SUMMARY: The Risk Management Division of the Finance Department requested Arthur J. Gallagher and Co. to obtain quotes for the property insurance program effective April 1, 2017. After a review of the quotes received, and in an effort to unify property coverages into a single insurance company, Risk Management is recommending AIG for all coverages except Bridge, which include: ·A $100 million limit for Windstorm or Hail, which is an increase over the $60 million provided by our current carrier. A $60 million limit will apply separately to Named Storm coverage. ·$60 million in Excess Flood Property insurance on an aggregate basis, same as current. ·$100 million in Boiler and Machinery Coverage, same as current. ·A self-insured retention (SIR) of $100,000 per occurrence, with a 5% SIR for named storms up to the maximum deductible of $5 million. These coverages are same as current. ·Terrorism - Property & Liability Coverage limits at $25 million for property damage and $10 million for liability. The program also provides Nuclear, Biological, Chemical & Radioactive Terrorism coverage with limits of $3 million. These coverages are same as current. ·Per the Excess Property rate lock, a three -year premium total of $4,050,000 plus a $20,000 engineering fee billed upfront on the 1st annual installment. This represents a 3% premium savings over our current Excess Property insurance program at a locked rate of $0.2388 per $100 of values. The Zurich Bridge Insurance Policy is also quoted with a three year option including: ·Insurance for three City bridges: Sand Key Bridge, Mandalay Channel pedestrian Page 1 City of Clearwater Printed on 3/13/2017 File Number: ID#17-3284 bridge and the McMullen Booth pedestrian overpass. ·Self-insured retention (SIR) of $100,000 per occurrence, with a $500,000 SIR for named storms ·An additional $47 million of aggregate windstorm /flood/terrorism capacity that would otherwise be applied to the $100 limit for the City's property insurance program. ·The three-year premium for the Zurich bridge coverage is a total of $164,994. The 1st annual installment will be $54,947, and is included in the $1,550,000 not-to-exceed total requested. Premiums for April 1, 2017 through April 1, 2018 total $1,478,261. Staff recommends adding a contingency of approximately $70,000, bringing the first-year program cost to a not -to-exceed total of $1,550,000. While the Excess Property rate will remain the same in the program ’s second and third years, the total premiums may increase due to property acquisition, new construction, replacement-value increases, etc. The additional years with the locked rates are subject to certain contingencies such as the City’s loss ratio remaining less than 40%, no material changes in exposures, and the carrier must not have any loss or material change of their treaty reinsurance in order to maintain the same rate for the renewals. Risk Management believes the recommended coverages will continue to cover the City's property risks at levels and rates which represent a reasonable and appropriate insurance program for the City. APPROPRIATION CODE AND AMOUNT: Operating Expenditure 590-07590-545100-519-000 Amount of $1,550,000.00 Page 2 City of Clearwater Printed on 3/13/2017 CITY OF CLEARWATER 2017 – 2018 PROPERTY COMPARISON EXPIRING PROGRAM (UPDATED) PROPOSED PROGRAM (Incumbent) PROPOSED OPTIONAL PROGRAM (AIG/Lexington) LINE OF COVERAGE CARRIER EXPIRING COST CARRIER ESTIMATED COST CARRIER ESTIMATED COST Excess Property Premium Srchrg & Asmnt Estimated Cost Annualized Cost TRIA Premium Landmark American Insurance Company, Lloyds of London, Liberty Surplus Insurance Company, National Fire & marine Insurance CO, Ironshore Specialty Insurance Co, Westchester Surplines Lines Insurance Co, Arch Specialty Insurance Company, Ironshore Specialty Insurance Co, Allied World Assurance Company Ltd, Essex Insurance Company, Maxum Indemnity Company, Liberty Surplus Insurance Corporation, Westport Insurance Corporation, National Fire & $1,407,615 $56.00 $1,407,671.00 Landmark American Insurance Company, Lloyds of London, Liberty Surplus Insurance Company, National Fire & marine Insurance CO, Ironshore Specialty Insurance Co, Westchester Surplines Lines Insurance Co, Arch Specialty Insurance Company, Ironshore Specialty Insurance Co, Allied World Assurance Company Ltd, Essex Insurance Company, Maxum Indemnity Company, Liberty Surplus Insurance Corporation, Westport Insurance Corporation, National Fire & $1,407,615 $56.00 $1,407,671.00 Lexington Insurance Co. 3 Year Policy Premium $4,050,000. $20,000 Engineering fee is only billed on the 1st year installment $1,350,000.00 $4.00 $20,000.00 $1,370,004.00 marine Insurance CO, Colony Insurance Company marine Insurance CO, Colony Insurance Company Property-& Liability Terrorism Premium Srchrg & Asmnt Estimated Cost Annualized Cost TRIA Premium Certain Underwriters at Lloyd's, London $21,941.00 $21,941.00 - - Certain Underwriters at Lloyd's, London $20,479.00 $20,479.00 Certain Underwriters at Lloyd's, London $20,479.00 $20,479.00 NCBR Terrorism Premium Premium Srchrg & Asmnt Estimated Cost Annualized Cost TRIA Premium Certain Underwriters at Lloyd's, London $25,354.00 $25,354.00 Certain Underwriters at Lloyd's, London $22,004.00 $22,004.00 Certain Underwriters at Lloyd's, London $22,004.00 $22,004.00 Equipment Breakdown Premium Estimated Cost Annualized Cost TRIA Premium Travelers Property Casualty Co of America $8,897.00 Included Travelers Property Casualty Co of America (Travelers Group) $10,113.00 Included Travelers Property Casualty Co of America (Travelers Group) $10,113.00 Included Inland Marine- Bridges Premium Srchrg & Asmnt Estimated Cost Annualized Cost TRIA Premium Zurich American Insurance Company $54,947 $714.31 $55.661.31 Zurich American Insurance Company (Zurich Group) $54,947 $714.31 (est) $55,661.31 Included Zurich American Insurance Company (Zurich Group) 3 Year Policy Premium $164,994. $54,947 $714.31 (est) $55,661.31 Total Estimated Program Cost $1,519,524.31 $1,515,928.31 $1,478,261.31 DESCRIPTION LIMIT TYPE Incumbent Carriers (Various) 1 Year Policy Lexington Insurance / AIG 3 Year Policy (annual installments) Any one occurrence for all coverage insured against under this policy except that this Company's liability shall not exceed its proportional share of any of the following specific Sub limits of Liability for any one occurrence Limit $60,000,000 $100,000,000 any one occurrence and in the aggregate annually as respects the peril of Flood Sublimit $60,000,000 $60,000,000 any one occurrence and in the aggregate annually as respects the peril of Earthquake Sublimit $60,000,000 $60,000,000 Accounts Receivable Sublimit $2,500,000 $2,500,000 Auto Physical Damage (Over-the-Road) subject to a maximum of $884,380 any one vehicle Sublimit $10,000,000 $10,000,000 Building Ordinance or law: - - - as respects Undamaged Portion Included Included - as respects Demolition Sublimit $15,000,000 $15,000,000 - Increased Cost of Construction $15,000,000 $15,000,000 Business Interruption Including Rental Value Sublimit $2,500,000 $2,500,000 Civil or Military Authority 30 Days, subject to a maximum of $2,500,000 30 days, subject to a maximum of $1,000,000 Contingent Time Element Sublimit N/A $2,500,000 DESCRIPTION LIMIT TYPE Incumbent Carriers (Various) 1 Year Policy Lexington Insurance / AIG 3 Year Policy (annual installments) per occurrence as respects Course of Construction Sublimit $7,000,000 $7,000,000 per occurrence and in the aggregate annually as respects Decontamination and Cleanup Expense as a direct result of physical loss or damage insured Sublimit $250,000 N/A Debris removal Sublimit $15,000,000 or 25% $15,000,000 or 25% Errors or Omissions Sublimit $10,000,000 $10,000,000 Expediting Expense Sublimit $5,000,000 N/A Extra Expense Sublimit $25,000,000 $10,000,000 Fine Arts Sublimit $250,000 $250,000 Fire Brigade Charges and Extinguishing Expenses Sublimit $100,000 $100,000 Fungus, Mold, Wet or Dry Rot as a result of direct physical loss or damage insured Sublimit $1,000,000 $1,000,000 Per occurrence and annual aggregate as respects Ingress / Egress 30 Days not to exceed $2,500,000 30 Days not to exceed $1,000,000 Loss adjustment expenses Sublimit $1,000,000 Miscellaneous Unnamed Locations Sublimit $5,000,000 $5,000,000 Newly acquired property Sublimit $2,500,000 subject to 180 days reporting $2,500,000 subject to 120 days reporting DESCRIPTION LIMIT TYPE Incumbent Carriers (Various) 1 Year Policy Lexington Insurance / AIG 3 Year Policy (annual installments) Off-site Storage Sublimit $1,000,000 N/A Personal property of insured officers and employees Sublimit $250,000 N/A per occurrence as respects Personal Property outside the U.S.A Sublimit $250,000 N/A per occurrence as respects Service Interruption Property Damage & Time Element, 24 hour waiting period Sublimit $1,000,000 $1,000,000 Soft Costs Sublimit $200,000 $1,000,000 Transit Sublimit $1,000,000 $1,000,000 Valuable Papers and Records Sublimit $2,500,000 $2,500,000 Deductibles/SIRs: COVERAGE Incumbent Carriers (Various) Lexington Insurance / AIG Deductible Loss from All Perils except $100,000 $100,000 Deductible Named Windstorm With respect to the peril of Named Windstorm, as defined in this policy, the deductible shall be 5% of the value per Unit of Insurance as reported on the latest statement of values, subject to a minimum of $100,000 any one occurrence and a maximum of $5,000,000 any one occurrence With respect to the peril of Named Windstorm, as defined in this policy, the deductible shall be 5% of the value per Unit of Insurance as reported on the latest statement of values, subject to a minimum of $100,000 any one occurrence and a maximum of $5,000,000 any one occurrence Deductible Flood - any one occurrence - locations wholly within Special Flood Hazard Areas (SFHA) With respect to locations wholly within Special Flood Hazard Areas (SFHA), as defined by the Federal Emergency Management Agency, the deductible shall be 5% of the value per Unit of Insurance as reported on the latest statement of values, subject to a minimum of $100,000 and a maximum of $5,000,000 With respect to locations wholly within Special Flood Hazard Areas (SFHA), as defined by the Federal Emergency Management Agency, the deductible shall be 5% of the value per Unit of Insurance as reported on the latest statement of values, subject to a minimum of $100,000 and a maximum of $5,000,000 Deductibles/SIRs: COVERAGE Incumbent Carriers (Various) Lexington Insurance / AIG Deductible Flood - Any one occurrence With respect to any other Flood loss or damage and/or expense arising out of any one occurrence shall be adjusted as one loss, and from the amount of each such adjusted loss shall be deducted the sum of $100,000 any one occurrence With respect to any other Flood loss or damage and/or expense arising out of any one occurrence shall be adjusted as one loss, and from the amount of each such adjusted loss shall be deducted the sum of $100,000 any one occurrence Deductible Earthquake - Any one occurrence With respect to the peril of Earthquake, all loss, damage, and/or expense arising out of any one occurrence shall be adjusted as one loss, and from the amount of each such adjusted loss shall be deducted the sum of $100,000 any one occurrence With respect to the peril of Earthquake, all loss, damage, and/or expense arising out of any one occurrence shall be adjusted as one loss, and from the amount of each such adjusted loss shall be deducted the sum of $100,000 any one occurrence Deductible Service Interruption Property Damage & Time Element - waiting period 24 Hours 24 Hours Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3290 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Establish the intent to reimburse certain Water and Sewer project costs incurred with proceeds from a future tax-exempt financing and adopt Resolution 17-10. SUMMARY: A Water and Sewer System rate study that was completed in July of 2016 anticipated the need to do a new money bond issue in 2018 to finance the various Water and Sewer System capital projects planned at the time of the rate study. Approximately $78,000,000 of the planned Fiscal Year 2017 and Fiscal Year 2018 projects (Exhibit A) will be financed with the tax-exempt bonds to be issued in Fiscal Year 2018. Adoption of Resolution 17-10 establishes the City’s intent to be reimbursed from the proceeds of a bond issue in 2018 for up to $78,000,000 of capital project expenditures made prior to the issuance of the bonds. Page 1 City of Clearwater Printed on 3/13/2017 1 Resolution No. 17-10 RESOLUTION NO. 17-10 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE TAX- EXEMPT FINANCING; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Clearwater, Florida (the "Issuer") has determined that the need exists to construct capital improvements and expansions to the City’s Water and Sewer Utility System including, but not limited to, the projects set forth on Exhibit “A” hereto (collectively, the "Project"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA THAT: SECTION 1. AUTHORITY. This Resolution (hereinafter called the "Resolution") is adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida Statutes, and other applicable provisions of law. SECTION 2. DECLARATION OF INTENT. The Issuer hereby expresses its intention to be reimbursed from proceeds of a future tax-exempt financing for capital expenditures to be paid by the Issuer in connection with the construction of the Project. Pending reimbursement, the Issuer expects to use funds on deposit in its water and sewer utility funds, general funds and other funds legally available to pay a portion of the cost of the Project. It is not reasonably expected that the total amount of debt to be incurred by the Issuer to reimburse itself for expenditures paid with respect to the Project will exceed $78,000,000. This Resolution is intended to constitute a "declaration of official intent" within the meaning of Section 1.150-2 of the Income Tax Regulations. SECTION 3. SEVERABILITY. If any one or more of the provisions of this Resolution shall for any reason be held illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution, but this Resolution shall be construed and enforced as if such illegal or invalid provision had not been contained therein. SECTION 4. REPEALING CLAUSE. All resolutions or orders and parts thereof in conflict herewith to the extent of such conflicts, are hereby superseded and repealed. SECTION 5. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. 2 Resolution No. 17-10 PASSED AND ADOPTED this _______ day of _____________, 2017. _______________________________ George N. Cretekos Mayor Approved as to form: Attest: _____________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Projects to Improve or Expand the Project Fiscal Years Water & Sewer Utility System Number 2017 & 2018 Public Works Complex 94626 3,100,000$ Sanitary Sewer Upgrades/Improvements 96212 14,565,000 Marshall Street Upgrades/Improvements 96213 4,775,000 East Plant Upgrades/Improvements 96214 2,650,000 North East Plant Upgrades/Improvements 96215 10,562,763 Devices/Equipment Sewer Division 96219 200,000 Sanitary Sewer Extensions 96630 3,750,000 Laboratory Upgrades 96645 1,120,000 Facilities Upgrade & Improvement 96654 1,300,000 Reclaimed Water Distribution System 96739 1,500,000 Line Relocation - Capitalized 96742 620,000 R.O. Plant Expansion Res #1 96764 2,235,000 Rvrs Osmosis @ Res 2 96767 2,600,000 Groundwater Replenishment Facility 96773 16,358,000 RO Plant at WTP #3 96782 10,775,000 Water System Upgrades/Improvements 96783 1,450,000 Total Funding from Bond Proceeds 77,560,763$ EXHIBIT A CITY OF CLEARWATER Water & Sewer Utility Fund - 421 Projects for 2017 Revenue Bond Reimbursement Resolution 17-10 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3270 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve an increase to Blanket Purchase Order (BPO BR510769) from $125,000 to $250,000 annually, to Audio Service ASP Lighting, for roof/stage/audio/lighting systems for additional concerts in Coachman Park, and authorize the appropriate officials to execute same. (consent) SUMMARY: On April 16, 2015, the City Council approved a Blanket Purchase Order (BPO BR510769) to Audio Service ASP Lighting (ASP) for $125,000 annually to provide rental equipment for various special events, ground breaking and ribbon cutting ceremonies conducted by the Special Events Division. ASP supplies various equipment including roof and stage, lighting, camera platform, light bars, stage skirting stage covering, etc. Due to additional concerts that have been added to the schedule at Coachman Park, additional equipment and services will be required. Staff is requesting that the annual authorization be increased by $125,000, to $250,000 annually, in order to accommodate the need for additional rental equipment this year as well as any other subsequent years left on the BPO. Additional concerts at Coachman Park in 2017: Kenny G and special guest Jake Shimabukuro: April 21 Spring Concert: May 12 John Legend Darkness And Light Tour: May 13 Third Eye Blind: Summer Gods: June 10 If the Spring Concert Series is not held then these funds will not be needed or expended. APPROPRIATION CODE AND AMOUNT: Funding for this increase will come from revenue generated from the concerts and placed in Special Events Code 181-99865. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/13/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3271 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Approve an increase to Blanket Purchase Order (BPO BR511259) from $75,000 to $150,000 annually, to Elite Events and Rentals LLC, for equipment rental for additional concerts in Coachman Park, and authorize the appropriate officials to execute same. (consent) SUMMARY: On November 5, 2015, the City Council approved a Blanket Purchase Order (BPO BR511259) to Elite Events & Rentals LLC (Elite) for $75,000 annually to provide rental equipment for various special events, ground breaking and ribbon cutting ceremonies conducted by the Special Events Division. Elite supplies various equipment including tents, tables, chairs, umbrella tables, tablecloths, light tower, dance floor, etc. Due to additional concerts that have been added to the schedule at Coachman Park, additional equipment will be required. Staff is requesting that the annual authorization be increased by $75,000, to $150,000 annually, in order to accommodate the need for additional rental equipment this year as well as any other subsequent years left on the BPO. Additional concerts at Coachman Park in 2017: Kenny G and special guest Jake Shimabukuro: April 21 Spring Concert: May 12 John Legend Darkness And Light Tour: May 13 Third Eye Blind: Summer Gods: June 10 If the Spring Concert Series is not held then these funds will not be needed or expended. APPROPRIATION CODE AND AMOUNT: Funding for this increase will come from revenue generated from the concerts and placed in Special Events Code 181-99865. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/13/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3272 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.3 SUBJECT/RECOMMENDATION: Approve a proposal by Construction Manager at Risk, Khors Construction, Inc. of Thonotosassa, Florida in the amount of $148,907.56, including a 10% contingency for the renovation of the Long Center Natatorium Lighting located at 1501 N. Belcher Road, and authorize the appropriate officials to execute same. (consent). SUMMARY: This contract is for the renovation of the lighting systems used in the Long Center Natatorium including the removal of all exiting lighting fixtures, wiring and electrical components; installation of a new LED lighting system; 10-year warranty and maintenance program to maintain a 50-foot candle lighting level; control Link system to remotely control lighting and light levels. Khors Construction, Inc. was selected to do this work under our Construction Manager at Risk contract as they have experience in large pool renovations including lighting systems. In addition on December 15, 2016, the City Council approved a contract to Khors to make major renovations to the pump room, pumping systems and pool at the Long Center. Staff indicated at this time that the lighting systems would be replaced under a separate contract. Construction will take place in conjunction with other renovations occurring at the pool which will be closed from June 12 through November 30. All existing swim programs and teams will use other outdoor pools during this time, primarily Morningside Aquatics Center. APPROPRIATION CODE AND AMOUNT: Funds are available in CIP 315-93278 “Long Center Infrastructure Repairs” for this contract. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/13/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3292 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.4 SUBJECT/RECOMMENDATION: Approve a proposal by Construction Manager at Risk, Khors Construction, Inc. of Thonotosassa, Florida in the amount of $564,095.08, including a 5% contingency for renovations of the Morningside Aquatics Center and Morningside Complex located at 2400 Harn Blvd., and authorize the appropriate officials to execute same. (consent) SUMMARY: This contract is the first phase in preparation for the construction of a new recreation center at the Morningside Complex. The contract includes demolition of the current pool building and moving of all of the pumping and filtration systems for the pool to a new location on site. Also, included is the removal and reconstruction of a new outdoor basketball court as well as site work and demolition of the tennis batters wall. In connection with and anticipation of the new recreation center cabana type changing rooms are also being constructed under this contract. Khors Construction, Inc. was selected to do this work under our Construction Manager at Risk contract as they have experience not only in large pool renovations but also in general construction work which is included in this contract. The renovations to the pool will be completed prior to the beginning of the summer swim season. Some of the existing swim programs and teams utilizing the Long Center will use Morningside Pool as the Long Center will be closed for renovations from June 12 to November 30. Portable restrooms and office areas will be used at the pool until the new recreation center is completed in May 2018. APPROPRIATION CODE AND AMOUNT: Funds are available in CIP 315-93251 “Morningside Recreation Center Replacement” for this contract. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/13/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3295 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.5 SUBJECT/RECOMMENDATION: Approve co-sponsorship and waiver of requested city fees and service charges for Fiscal Year 2017/18 special events, including four annual city events and twenty-three city co-sponsored events, at an estimated General Fund cost of $506,520 ($84,750 cash contributions and $421,770 in-kind contributions) and Enterprise Fund cost and fee waiver of $96,450 for the purposes of Fiscal Year 2017/18 departmental budget submittals. (consent) SUMMARY: According to City Council Policy, M - Special Event Fees, there shall be an annual review of city sponsored/co-sponsored events during the budget process. An agenda item approving co-sponsorship and level of support for these events will be brought before the City Council at the beginning of the budget process each fiscal year. In the event additional money is required beyond what is approved in the Fiscal Year 17/18 budget, City Council approval will be required. Staff recommended level of cash and in -kind contributions to be included in the various departmental budgets for Fiscal Year 2017/18 for city sponsored and co -sponsored special events are detailed in Special Events Budget Estimates chart for Fiscal Year 2017/18. Also, included is a list of 30 additional special events requiring some type of in -kind support from the Parks and Recreation Special Events Division during Fiscal Year 2017/18. The new requests and events added for Fiscal Year 2017/18 are as follows: ·Phil Doganeiro 3-Bridge Race - This event has been held in the past in memory of Phil Doganeiro with proceeds used in support of Clearwater for Youth (CFY) scholarships and sports programs, to help further the CFY mission that no child will be denied the ability to play in a sports program because of an inability to pay. City support is for Police and Traffic Ops only ($10,500) ·Florida Senior Games - The Florida Senior Games Series is a multi -sport event program for adults 50 and over which has been held in Clearwater in the past and has grown to where police and traffic operations are needed. This is a quality event that brings seniors in from all over the State to compete. City support is for Police and Traffic Ops only ($9,920) ·Meet the Pros - This event is an annual fundraiser for CFY where attendees can meet local sports stars and coaches from the Tampa Bay Rays, Buccaneers, and more. City support is for Parking only ($2,050) The only other major general fund increase is in Life Safety and Inspection, $9,140 over Fiscal Page 1 City of Clearwater Printed on 3/13/2017 File Number: ID#17-3295 Year 2016/17 amounts. Enterprise fund support increased by a total of $4,780 which came primarily from Solid Waste, Gas and Parking. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 3/13/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3299 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.6 SUBJECT/RECOMMENDATION: Ratify and confirm the City Manager’s approval to provide additional funding in the amount of $107,750 to complete the Missouri Avenue Landscape Median project, to be funded by the transfer of $107,750 from general fund reserves at mid-year. SUMMARY: The City Council approved a Fiscal Year 14-15 third quarter budget amendment allocating General Fund reserves in the amount of $190,000 to fund a Capital Improvement Project 315-93322, Missouri Avenue Median Beautification. On April 7, 2016, the City Council approved two separate Florida Department of Transportation grants in the amount of $100,000 and $99,500 to assist in the development of landscaping medians in the Missouri Avenue corridor from Court Street to Bayview Drive. On December 15, 2016, the City Council awarded two contracts to Smith Landscape Services, Inc. of Brooksville, Florida, to provide landscape improvements for Missouri Avenue medians from Bayview Drive to Kingsley Street for a cost of $152,454.50 and from Kingsley Street north to Court Street for a cost of $177,309.00. Smith Landscape Services began excavating material from the medians as called for in the project and soon discovered that road base material was left under all of the medians and not removed when the medians were first installed. In order for the landscape material to survive, an additional 13 inches of road sub base material must be removed and new soil installed. The cost to do this additional work is $107,750. In order to stay on schedule and complete the project as soon as possible the City Manager approved providing the additional funds from general fund reserves at mid-year. Staff is working with FDOT in an attempt to secure additional funds for this project to help offset a portion or all of this additional work. APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will provide a transfer of $107,750 from General Fund reserves to capital improvement project 315-93322, Missouri Avenue Median Beautification, to fund this increase. USE OF RESERVE FUNDS: Funding for this contract will be provided by a mid-year budget amendment allocating General Page 1 City of Clearwater Printed on 3/13/2017 File Number: ID#17-3299 Fund reserves in the amount of $107,750 to capital improvement project 93322, Missouri Avenue Median Beautification. Inclusive of this item if approved, a net total of $2,345,031 of General Fund reserves has been appropriated by Council to fund expenditures in the 2016/17 operating budget. The remaining balance in General Fund reserves is approximately $30.9 million, or 23.5% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 3/13/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3259 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve the Second Amendment to Crown Castle Land Lease Agreement between the City of Clearwater and Crown Castle GT Company LLC, for the lease of city-owned property, located at 3200 State Road 580, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City and GTE Mobilnet entered into a Land Lease Agreement on July 26, 1995 for use of a 5,525 square foot area at the Northeast Water Reclamation Facility. This space is being used, by the Lessee, for providing wireless service to customers. This Land Lease Agreement was amended, for various reasons, on December 28, 2007. Crown Castle, now the successor to GTE Mobilnet and to this land lease agreement, has requested a second amendment which will extend the length of the term. This second amendment will allow the term to be automatically renewed for eight additional five year terms, unless Lessee provides notice of intent not to renew. With this extension of the lease agreement to solely benefit the Lessee, the city has made alterations in this second amendment to benefit the city: The annual rent increase cap has risen from 5% to 8%. If Tenant should remain in possession, after the expiration of the Lease, the Tenant shall now pay two times the monthly rate, instead of the 1 ½ that was originally written. The Tenant will have to pay a termination fee equal to six month’s rent and must be paid within sixty days of the date the Lease is terminated. If the Tenant subleases, licenses or grants a similar right of use to an unaffiliated third party, the Tenant will pay the city twenty-five percent of the payments received by the Tenant from such future subtenant. This amendment will be subject to all terms and conditions within the original lease, including the City’s recapture and reverter clauses. In the event that City Council determines the Leased Premises are needed for other municipal purposes, the Tenant will receive a one year notice of such intended use. Page 1 City of Clearwater Printed on 3/13/2017 Leased Premises SR 580 McMULLEN-BOOTH RD RIGSBYRIGSBY LN ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB XX N.T.S.201B 21-28s-16e02/16/17Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Second Amendment to Land Lease AgreementCrown Castle GT Company LLC NE Water Reclamation Facility Document Path: S:\ENV\Jim Benwell\Leases, License and Management Agreements\Crown Castle\Location Map - Crown Castle Lease Agreement.mxd SECOND AMENDMENT TO LAND LEASE AGREEMENT (BU 814424) THIS SECOND AMENDMENT TO LAND LEASE AGREEMENT (“Second Amendment”) is made effective this _____ day of _______________, 2017, by and between CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (“Landlord”), and CROWN CASTLE GT COMPANY LLC, a Delaware limited liability company (“Tenant”). WHEREAS, Landlord and GTE Mobilnet of Tampa Incorporated, a Delaware corporation (“GTE Mobilnet”), entered into a Land Lease Agreement dated July 26, 1995 (as amended and assigned, the “Lease”), whereby Landlord leased to GTE Mobilnet a portion of land being described as a 5,525 square feet portion of that property (said leased portion being the “Leased Premises”) located at 3200 State Road 580 (Tax Parcel # 21-28-16-00000-310-0000), Safety Harbor, Pinellas County, State of Florida, and being further described in Book 3577, Page 732 in the Clerk of Court for the Circuit Court of Pinellas County (“Clerk’s Office”), together with those certain access, utility and/or maintenance easements and/or rights of way granted in the Lease. Notice of the Lease is provided by, and the Leased Premises is described in that certain Memorandum of Lease recorded on August 10, 1995, in Book 9074, Page 842 in the Clerk’s Office; and WHEREAS, Tenant is successor in interest in the Lease to GTE Mobilnet; and WHEREAS, Landlord and Tenant entered into that First Amendment to Land Lease Agreement dated December 28, 2007 (“First Amendment”), a memorandum of which is recorded in Book 16193, Page 399 in the Clerk’s Office; and WHEREAS, the term of the Lease commenced on August 1, 1995, and has an original term, including all Additional Terms (as defined in the Lease), that will expire on July 31, 2025 (“Original Term”), and Landlord and Tenant now desire to amend the terms of the Lease to provide for Additional Terms beyond the Original Term, and to make other changes. NOW THEREFORE, in exchange for the mutual promises contained herein, Landlord and Tenant agree to amend the Lease as follows: 1.Any capitalized terms not defined herein shall have the meanings ascribed to them in the Lease. The recitals in this Second Amendment are incorporated herein by this reference. 2.Section 4 of the Lease is amended by replacing “5%” with “8%”, such that the annual rent shall not increase by an amount in excess of eight percent (8%) of the annual rent for the immediately preceding year. 3.Section 7 of the Lease, as amended by Section 3 of the First Amendment, is hereby deleted in its entirety and replaced with the following: 7. Extensions: This Lease shall automatically be extended, without need of any further documentation, for eight (8) additional five (5) year terms (the “Additional Terms”) unless Lessee provides Lessor with notice of its intention not to renew no Site Name: Countryside BU: 814424 - 1 - PPAB 3415522v2 less than ninety (90) days prior to the expiration of the primary term or the then current Additional Term. If not sooner terminated, this Lease shall expire on July 31, 2040. In addition to any other termination rights provided for in this Lease, Landlord shall have the right to terminate this Lease for any reason during the final Additional Term by providing Tenant with written notice during the final Additional Term that is no less than two (2) years prior to the date on which Landlord seeks to terminate this Lease. 4.Section 8 of the Lease is amended by replacing “one and one-half (1 ½)” with “two (2)”, such that Tenant shall pay two (2) times the amount of the then current monthly rent installments if Tenant should remain in possession after the expiration of the Lease. 5.Section 9 of the Lease is amended by deleting Tenant’s notice address and inserting the following: TENANT: Crown Castle GT Company LLC c/o Crown Castle USA Inc. General Counsel Attn: Legal-Real Estate Department 2000 Corporate Drive Canonsburg, Pennsylvania 15317-8564 6.Section 12(a) of the Lease is amended by replacing “fifteen (15)” with “ten (10) business days”, such that Tenant shall not be in default under the Lease for a failure to pay rent or other sums due unless such sums are not paid within ten (10) business days from the date on which Tenant receives notice from Landlord of Tenant’s failure to pay. 7.Section 11 of the Lease is amended to add the following paragraph to the end thereto: If at any time during the Lease: (a) Tenant exercises any of Tenant’s rights to terminate this Lease, or (b) Tenant elects not to renew this Lease, Tenant shall pay a termination fee (“Termination Fee”) equal to six (6) monthly installments of the then applicable rent amount under this Lease, as amended. The Termination Fee will be due and payable within sixty (60) days of the date this Lease is terminated. Notwithstanding the foregoing, shall not be required to pay the Termination fee if Tenant terminates this Lease due to a Landlord default. Upon such termination neither party will owe any further obligations to the other except as to payment of the Termination Fee and as to those provisions that survive as provided in the paragraph immediately above this paragraph. 8. Section 19 of the Lease is amended to add the following new paragraph thereto: In addition to the rent currently paid by Tenant to Landlord pursuant to the Lease, as further consideration for the right to exclusively use and lease the Leased Premises, if, after full execution of the Second Amendment to this Lease, Site Name: Countryside BU: 814424 - 2 - PPAB 3415522v2 Tenant subleases, licenses or grants a similar right of use or occupancy in the Leased Premises to an unaffiliated third party not already a subtenant on the Leased Premises prior to such Second Amendment (each a “Future Subtenant”), Tenant agrees to pay to Landlord twenty-five percent (25%) of the rental, license or similar payments actually received by Tenant from such Future Subtenant (excluding any reimbursement of taxes, construction costs, installation costs, or revenue share reimbursement) (the “Additional Rent”) within thirty (30) days after receipt of said payments by Tenant. Tenant shall have no obligation for payment to Landlord of such share of rental, license or similar payments if not actually received by Tenant. Non-payment of such rental, license or other similar payment by a Future Subtenant shall not be an event of default under this Lease. Tenant shall have sole discretion as to whether, and on what terms, to sublease, license or otherwise allow occupancy of the Leased Premises and there shall be no express or implied obligation for Tenant to do so. Landlord acknowledges that Landlord shall have no recourse against Tenant as a result of the failure of payment or other obligation by a Future Subtenant. Notwithstanding anything in this paragraph to the contrary, the parties agree and acknowledge that revenue derived from subtenants and any successors and/or assignees of such subtenants who commenced use and/or sublease of the Leased Premises prior to execution of the Second Amendment shall be expressly excluded from the Additional Rent and Landlord shall have no right to receive any portion of such revenue. 9.Representations, Warranties and Covenants of Landlord. Landlord represents, warrants and covenants to Tenant as follows: (a) Landlord is duly authorized to and has the full power and authority to enter into this Second Amendment and to perform all of Landlord’s obligations under the Lease as amended hereby. (b) Except as expressly identified in this Second Amendment, Landlord owns the Leased Premises free and clear of any mortgage, deed of trust, or other lien secured by any legal or beneficial interest in the Leased Premises, or any right of any individual, entity or governmental authority arising under an option, right of first refusal, lease, license, easement or other instrument other than any rights of Tenant arising under the Lease as amended hereby and the rights of utility providers under recorded easements. (c) Upon Tenant’s request, Landlord shall discharge and cause to be released (or, if approved by Tenant, subordinated to Tenant’s rights under the Lease as amended hereby) any mortgage, deed of trust, lien or other encumbrance that may now or hereafter exist against the Leased Premises. (d) Upon Tenant’s request, Landlord shall cure any defect in Landlord’s title to the Leased Premises which in the reasonable opinion of Tenant has or may have an adverse effect on Tenant’s use or possession of the Leased Premises. Site Name: Countryside BU: 814424 - 3 - PPAB 3415522v2 (e) Tenant is not currently in default under the Lease, and to Landlord’s knowledge, no event or condition has occurred or presently exists which, with notice or the passage of time or both, would constitute a default by Tenant under the Lease. (f) Landlord agrees to execute and deliver such further documents and provide such further assurances as may be requested by Tenant to effect any release or cure referred to in this paragraph, carry out and evidence the full intent and purpose of the parties under the Lease as amended hereby, and ensure Tenant’s continuous and uninterrupted use, possession and quiet enjoyment of the Leased Premises under the Lease as amended hereby. 10.Tenant reserves the right, at its discretion and at its sole cost, to obtain a survey (“Survey”) specifically describing the Leased Premises and any access and utility easements associated therewith. Tenant shall be permitted to attach the Survey as an exhibit to this Second Amendment and any related memorandum for recording, which shall update and replace the existing description, at any time prior to or after closing of this Second Amendment. 11.IRS Form W-9. Landlord agrees to provide Tenant with a completed IRS Form W-9, or its equivalent, upon execution of this Second Amendment and at such other times as may be reasonably requested by Tenant. In the event the Leased Premises is transferred, the succeeding Landlord shall have a duty at the time of such transfer to provide Tenant with a completed IRS Form W-9, or its equivalent, and other related paper work to effect a transfer in rent to the new Landlord. Landlord’s failure to provide the IRS Form W-9 within thirty (30) days after Tenant’s request shall be considered a default and Tenant may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from rent payments. 12.In all other respects, the remainder of the Lease, as amended by the First Amendment, shall remain in full force and effect. Any portion of the Lease, as amended by the First Amendment, that is inconsistent with this Second Amendment is hereby amended to be consistent with this Second Amendment. All of the provisions hereof shall inure to the benefit of and be binding upon Landlord and Tenant, and their personal representatives, heirs, successors and assigns. This Second Amendment may be executed in two or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument, it being understood that all parties need not sign the same counterparts. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Site Name: Countryside BU: 814424 - 4 - PPAB 3415522v2 IN WITNESS WHEREOF, Landlord and Tenant have signed this instrument under seal, and have caused this Second Amendment to be duly executed on the day and year first written above. LANDLORD: City of Clearwater, Florida, a Florida municipal corporation _________________________________________ William B. Horne, II __________________________ George N. Cretekos Mayor Manager Approved as to form: Attest: __________________________ _________________________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Site Name: Countryside BU: 814424 - 5 - PPAB 3415522v2 IN WITNESS WHEREOF, Landlord and Tenant have signed this instrument under seal, and have caused this Second Amendment to be duly executed on the day and year first written above. Witnesses: TENANT: Crown Castle GT Company LLC, a Delaware limited liability company _____________________________ Print name: ________________ By: (SEAL) ____________________________ Print Name: _______________________________ Print Name: _________________ Title: ____________________________________ Site Name: Countryside BU: 814424 - 6 - PPAB 3415522v2 Prepared out of State by: Parker Poe Adams & Bernstein LLP PO Box 389 Raleigh, NC 27602 Return to: Crown Castle 1220 Augusta, Suite 500 Houston, Texas 77057 Cross Index with Book 9074, Page 842 Book 16193, Page 399 Tax Parcel: 21-28-16-00000-310-0000 MEMORANDUM OF SECOND AMENDMENT TO LAND LEASE AGREEMENT THIS MEMORANDUM OF SECOND AMENDMENT TO LAND LEASE AGREEMENT (“Amended Memorandum”) is made effective this _____ day of _______________, 2016, by and between CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (“Landlord”), with a mailing address of P.O. Box 4748, Clearwater, Florida 33758, and CROWN CASTLE GT COMPANY LLC, a Delaware limited liability company (“Tenant”), with a mailing address of c/o Crown Castle USA Inc., 2000 Corporate Drive, Canonsburg, Pennsylvania 15317-8564. WHEREAS, Landlord and GTE Mobilnet of Tampa Incorporated, a Delaware corporation (“GTE Mobilnet”), entered into a Land Lease Agreement dated July 26, 1995 (as amended and assigned, the “Lease”), whereby Landlord leased to GTE Mobilnet a portion of land being described as a 5,525 square feet portion of that property (said leased portion being the “Leased Premises”) located at 3200 State Road 580 (Tax Parcel # 21-28-16-00000-310-0000), Safety Harbor, Pinellas County, State of Florida, and being further described in Book 3577, Page 732 in the Clerk of Court for the Circuit Court of Pinellas County (“Clerk’s Office”), together with those certain access, utility and/or maintenance easements and/or rights of way granted in the Lease. Notice of the Lease is provided by, and the Leased Premises is described in that Site Name: Countryside BU: 814424 - 1 - PPAB 3415522v2 certain Memorandum of Lease recorded on August 10, 1995, in Book 9074, Page 842 in the Clerk’s Office; and WHEREAS, Tenant is successor in interest in the Lease to GTE Mobilnet; and WHEREAS, Landlord and Tenant entered into that First Amendment to Land Lease Agreement dated December 28, 2007 (“First Amendment”), a memorandum of which is recorded in Book 16193, Page 399 in the Clerk’s Office; and WHEREAS, the term of the Lease commenced on August 1, 1995, and has an original term, including all Additional Terms (as defined in the Lease), that will expire on July 31, 2025 (“Original Term”), and Landlord and Tenant now desire to amend the terms of the Lease to provide for Additional Terms beyond the Original Term, and to make other changes; and WHEREAS, Landlord and Tenant made and entered into a Second Amendment to Land Lease Agreement of even date herewith (“Second Amendment”) and pursuant to the terms of, and for that consideration recited in, the Second Amendment, the parties wish to hereby amend certain provisions of the Lease, and provide this Amended Memorandum as notice thereof, as follows: 1. Landlord does hereby lease and grant unto Tenant, its successors and assigns, the Leased Premises for three (3) additional five (5)-year Additional Terms beyond the Original Term, such that the Original Term and all Additional Terms of the Lease may last for a term of forty-five (45) years, expiring on July 31, 2040, unless sooner terminated as provided in the Lease. 2.The description of the Leased Premises is as provided in that Memorandum of First Amendment to Land Lease Agreement recorded in the Clerk’s Office in Book 16193, Page 399, a copy of which is attached hereto as Exhibit A. 3.This Amended Memorandum contains only selected provisions of the Second Amendment, and reference is made to the full text of the Lease and the Second Amendment for their full terms and conditions, which are incorporated herein by this reference. Except as otherwise provided in the Second Amendment and this Amended Memorandum, the terms and conditions of the Lease remain in full force and effect. This Amended Memorandum may be executed in two or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument, it being understood that all parties need not sign the same counterparts. A copy of the Lease and its amendments are located at the office of the Tenant. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Site Name: Countryside BU: 814424 - 2 - PPAB 3415522v2 IN WITNESS WHEREOF, Landlord and Tenant have signed this instrument under seal, and have caused this Amended Memorandum to be duly executed on the day and year first written above. LANDLORD: City of Clearwater, Florida, a Florida municipal corporation _________________________________________ William B. Horne, II __________________________ George N. Cretekos Mayor Manager Approved as to form: Attest: _________________________ _________________________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk STATE OF _________________ ) ) SS: COUNTY OF ) The foregoing Memorandum of Second Amendment to Land Lease Agreement was signed, sealed, delivered, and acknowledged before me this _____ day of ___________________, 2016, by George N. Kretekos, Mayor of the City of Clearwater, Florida, a Florida municipal corporation, for and on behalf of the municipality, who is personally known to me. (Seal) Notary Public Print Name: My Commission Expires:____________________ Site Name: Countryside BU: 814424 - 3 - PPAB 3415522v2 IN WITNESS WHEREOF, Landlord and Tenant have signed this instrument under seal, and have caused this Amended Memorandum to be duly executed on the day and year first written above. TENANT: Signed, sealed and delivered Crown Castle GT Company LLC, in the presence of: a Delaware limited liability company B y: Print Name: Print Name:__________________________ Title________________________________ Print Name: STATE OF _________________ ) ) SS: COUNTY OF ) The foregoing Memorandum of Second Amendment to Land Lease Agreement was signed, sealed, delivered, and acknowledged before me this _____ day of ___________________, 2016, by _______________________, as ____________________________ of the Crown Castle GT Company LLC, a Delaware limited liablity company, for and on behalf of the company, who [ ] is personally known to me or who [ ] produced a ______________________________ as identification. (Seal) Notary Public Print Name: My Commission Expires:____________________ Site Name: Countryside BU: 814424 - 4 - PPAB 3415522v2 EXHIBIT A Description of the Leased Premises Site Name: Countryside BU: 814424 - 2 - PPAB 3415522v2 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3260 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve an amendment to modify the description of use for an existing Sovereign Submerged Lands Easement, recorded in Official Records Book 17424, Page 1560 of the Public Records of Pinellas County, Florida and authorize the appropriate officials to execute same. (consent) SUMMARY: The current Sovereign Submerged Lands Easement that the City of Clearwater has with the State of Florida allows for the Douglas Avenue bridge structure, sanitary sewer force main, and reclaimed water pipeline to be installed and maintained on state owned land. The Fire Station 51 Fiber Optic Project will require this easement to be amended and allow fiber optic cable into the easement that will run along the east side of the bridge. The purpose of this project is to provide Fire Station 51 with fiber optic capabilities. Fiber optic cable will be extended from existing cables at the Marshall Street Wastewater Treatment Plant, to Fire Station 51 on Overbrook Avenue. Page 1 City of Clearwater Printed on 3/13/2017 This Instrument Prepared By: Tiana D. Brown Action No. 31100 Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA _______________________________________ SOVEREIGNTY SUBMERGED LANDS EASEMENT MODIFICATION TO CHANGE DESCRIPTION OF USE EASEMENT NO. 41345 BOT FILE NO. 520235813 THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Grantor. WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby grant to City of Clearwater, Florida, hereinafter referred to as the Grantee, a nonexclusive easement on, under and across the sovereignty lands, if any, contained in the following legal description: A parcel of sovereignty submerged land in Section 03 , Township 29 South, Range 15 East, in Stevenson Creek, Pinellas County, Florida, as is more particularly described and shown on Attachment A, dated May 18, 2011. TO HAVE THE USE OF the hereinabove described premises from October 13, 2016, the effective date of this modified easement, through August 10, 2061, the expiration date of this modified easement. The terms and conditions on and for which this modified easement is granted are as follows: 1.USE OF PROPERTY: The above described parcel of land shall be used solely for the existing bridge, the existing sanitary force main, a conduit containing a fiber optic cable, and the reclaimed water pipeline at Douglas Avenue. All of the foregoing subject to the remaining conditions of this easement. 2.EASEMENT CONSIDERATION: In the event the Grantor amends its rules related to fees and the amended rules provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges require d by such amended rules within 90 days of the date the amended rules become effective or by a date provided by an invoice from the Department, whichever is later. All fees charged under this provision shall be prospective in nature; i.e. they shall begin to accrue on the date that the amended rules become effective . [ 40 ] 3.WARRANTY OF TITLE/GUARANTEE OF SUITABILITY OF USE OF LAND: Grantor neither warrants title to the lands described herein nor guarantees the suitability of any of the lands for any particular use. 4.RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement. 5.DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS : Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. 6.GRANTOR’S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY : This easement is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the prope rty to third parties during the term of this easement. 7.RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the works and operations of the Grantee in any matter pertaining to this easement. 8.INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent a cts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 9.ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior written consent of the Grantor or its duly authorized agent and which consent shall not be unreasonably wi thheld. Any assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect. 10.TERMINATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee, its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be terminated by the Gran tor upon 30 days written notice to the Grantee. If terminated, all of the above -described parcel of land shall revert to the Grantor. Any costs or expenses incurred by the Grantor in removing the Grantee or its property from the easement area shall be paid by the Grantee. All notices required to be given to the Grantee by this easement or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Clearwater, Florida Attention: Mr. James Benwell 100 South Myrtle Avenue Clearwater, Florida 33756 The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the change is effective. 11. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessmen ts or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this easement which result from the grant of this easement or the activities of Grantee her eunder. Page 2 of 9 Pages Easement No. 41345 12.REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited structur es and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in parag raph 10 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to all other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 13.ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of subse quent breach or breaches. 14.AMENDMENT/MODIFICATIONS: This easement is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted, acknowledged and executed by the Grantee and Grantor. 15.USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Grantee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the construction and/or activities authorized herein that may b e required by the USACE shall require consideration by and the prior written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 16.ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No additional structures shall be erected and/or activities undertaken, including but not limited to, dredging, relocation/realignment or m ajor repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written consent from the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida S tatutes, and shall subject the Grantee to administrative fines under Chapter 18 -14, Florida Administrative Code. If emergency repairs are required to be undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this easement . 17.UPLAND RIPARIAN PROPERTY INTEREST : During the term of this easement, Grantee must have satisfactory evidence of sufficient upland interest as defined in subsection 18 -21.003(60), Florida Administrative Code, to the extent required by paragraph 18-21.004(3)(b), Florida Administrative Code, in order to conduct the activity described in this easeme nt. If at any time during the term of this easement, Grantee fails to comply with this requirement, use of sovereignty, submerged lands described in this easement shall immediately cease and this easement shall terminate and title to this easement shall r evert to and vest in the Grantor immediately and automatically. Page 3 of 9 Pages Easement No. 41345 IN WITNESS WHEREOF, the Grantor and the Grantee have executed this instrument on the day and year first above written. WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) BY: Print/Type Name of Witness Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Original Signature Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Print/Type Name of Witness "GRANTOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 20 , by Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. APPROVED AS SUBJECT TO PROPER EXECUTION: Notary Public, State of Florida DEP Attorney Date Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. Page 4 of 9 Pages Easement No. 41345 12/15/2016 WITNESSES: City of Clearwater, Florida (SEAL) BY: Original Signature Original Signature of Executing Authority George N. Cretekos Typed/Printed Name of Witness Typed/Printed Name of Executing Authority Mayor Original Signature Title of Executing Authority Typed/Printed Name of Witness “GRANTEE” STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by George N. Cretekos as Mayor, for and on behalf of City of Clearwater, Florida. He is personally known to me or who has produced , as identification. My Commission Expires: Notary Public, State of Commission/Serial No. Printed, Typed or Stamped Name Page 5 of 9 Pages Easement No. 41345 Attachment A Page 6 of 9 Pages Easement No. 41345 Attachment A Page 7 of 9 Pages Easement No. 41345 Attachment A Page 8 of 9 Pages Easement No. 41345 Attachment A Page 9 of 9 Pages Easement No. 41345 Attachment A Page 7 of 9 Pages Easement No. 41345 Attachment A Page 8 of 9 Pages Easement No. 41345 Attachment A Page 9 of 9 Pages Easement No. 41345 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3277 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Ratify and confirm Change Order 2 and Final to Dallas 1 Construction and Development of Thonotosassa, Florida in the amount of $9,450.00 for CR 193, Grove Circle and Belcher Area Sanitary Sewer Systems (13-0049-UT) and authorize the appropriate officials to execute same. SUMMARY: May 21, 2015, City Council awarded a $3,048,809.50 contract to Dallas 1 Construction and Development for the CR 193, Grove Circle and Belcher Area Sanitary Sewer Systems (13-0049-UT). October 6, 2016, City Manager approved Administrative Change Order 1, reducing the contract by $731,031.20 for a new contract total of $2,317,778.30 to reflect actual quantities used in the field. Change Order 2 and Final provides for new sanitary sewer connections at Idlewild / The Mall, an area outside the original scope of the project requiring City Council approval. These connections needed to be installed quickly as part of the septic sewer project to avoid damage from potential sewage backup. Change order increase is $9,450 for a new contract value of $2,327,228.30. APPROPRIATION CODE AND AMOUNT: 0315-96630-563800-535-000-0000 $9,450 Funding is available in Capital Improvement Project 0315-96630, Sanitary Sewer Extension to fund the change order. Page 1 City of Clearwater Printed on 3/13/2017 Ratify & Confirm Change Order 2 & Final Date: February 13, 2017 PROJECT:PROJECT NUMBER: 13-0049-UT CR 193, Grove Circle and Belcher Area Sanitary Sewer Systems PO REFERENCE: ST111763 CONTRACTOR:AWARD DATE: May 21, 2015 Dallas 1 Construction and Development CONTRACT DATE: June 4, 2015 10328 Main Street Thonotosassa, Fl 33592 CODE: 0315-96630-563800-535-000-0000 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT Increase Scope of Work to include sewer connections to Idlewild the Mall residents, see details attached. STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: ORIGINAL CONTRACT AMOUNT Dallas 1 Construction & Development Admin Change Order 1 - CM - 10/6/2016 R&C Change Order 2&Final - CC - 3/16/2017 NEW CONTRACT AMOUNT By: (SEAL) APPROVED AS TO FORM: Date: Matthew Smith, Assistant City Attorney Witnesses: George N Cretekos, Mayor ATTEST: Rosemarie Call, City Clerk Recommended By: City of Clearwater Date: CITY OF CLEARWATER, IN Robert Fahey, PE Project Manager PINELLAS COUNTY, FLORIDA William B. Horne, II, City Manager Michael D. Quillen, PE, City Engineer 3,048,809.50$ (731,031.20)$ 9,450.00$ 2,327,228.30$ Page 2 of 2: Ratify & Confirm Change Order 2 & Final CR193, Grove Circle and Belcher Area Sanitary Sewer System ITEM DESCRIPTION UNIT QTY UNIT COST TOTAL COST Additions: 52 Sewer Connections LS 1 $ 9,450.00 9,450.00$ Total Additions:9,450.00$ Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2016-07023 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve the annexation of an unaddressed parcel located on the west side of McMullen Booth Road approximately 1,054 feet south of East Enterprise Road, together with abutting west half of right-of-way of McMullen Booth Road; and pass Ordinance 9000-17 on first reading. (ANX2016-07023) SUMMARY: This voluntary annexation petition involves one parcel of land totaling 4.522 acres. The parcel is currently vacant and is located on the west side of McMullen Booth Road approximately 1,054 feet south of East Enterprise Road. The applicant is requesting annexation in order to receive solid waste and water service from the City, and will be connected to city sewer once the property is developed. The property is contiguous to existing city boundaries along the south and west. The Development Review Committee is proposing that 0.573-acres of abutting McMullen Booth Road right-of-way also be annexed. The applicant has also submitted applications to annex a 2-acre parcel adjacent to the north (ANX2016-07024), to change the property’s Future Land Use Map designation of Residential Low (RL) to Residential Low Medium (RLM) (LUP2016-02002) and to rezone the property to the Medium Density Residential (MDR) District (City of Clearwater) (REZ2016-02002) upon annexation into the City of Clearwater. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·Collection of solid waste, sanitary sewer and water service will be provided to the property by the City. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to the property by Station 50 located at 2681 Countryside Boulevard. The City has adequate capacity to serve the property with water, 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; and ·The proposed annexation is consistent with and promotes the following objectives of Page 1 City of Clearwater Printed on 3/13/2017 File Number: ANX2016-07023 the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. ·The property proposed for annexation is contiguous to existing city boundaries along the south and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 3/13/2017 Ordinance No. 9000-17 ORDINANCE NO. 9000-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD APPROXIMATELY 1,036 FEET SOUTH OF ENTERPRISE ROAD EAST, IN CLEARWATER, FLORIDA 33759, TOGETHER WITH CERTAIN ABUTTING RIGHTS-OF-WAY OF MCMULLEN BOOTH ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit B have 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: See attached Exhibit A for Legal Description; (ANX2016-07023) The map attached as Exhibit B is hereby incorporated by reference. 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 and Development 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. Ordinance No. 9000-17 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A A PART OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF OAKBROOK ESTATES AS RECORDED IN PLAT BOOK 118, PAGES 47 AND 48, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE NORTH 00 "01'46" EAST, ALONG SAID EAST BOUNDARY LINE OF SAID OAKBROOK ESTATES, 464.95 FEET TO A POINT OF THE SOUTH BOUNDARY LINE OF POND 2 PARCEL AS DESCRIBED IN ORDER OF TAKING IN OFFICIAL RECORDS BOOK 8128, PAGE 288 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE LEAVING SAID EAST BOUNDARY LINE NORTH 89"55'05" EAST, ALONG SAID SOUTH BOUNDARY, 210.23 FEET; THENCE LEAVE SAID SOUTH BOUNDARY LINE, SOUTH 00"21'20" WEST, 218.00 FEET; THENCE NORTH 89"55'05" EAST, 400.00 FEET TO A POINT ON THE WEST RIGHT‐OF‐WAY LINE OF McMULLEN BOOTH ROAD ALSO DESCRIBED IN ORDER OF TAKING IN OFFICIAL RECORDS BOOK 8128, PAGE 288 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE SOUTH 00"06'03" EAST ALONG SAID WEST RIGHT‐OF‐WAY LINE, 249.57 FEET TO A POINT OF INTERSECTION WITH THE SOUTH BOUNDARY LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 33; THENCE LEAVE SAID WEST RIGHT‐OF‐ WAY LINE OF McMULLEN BOOTH ROAD, NORTH 89"50'08" WEST AND ALONG SAID SOUTH BOUNDARY OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 33, 609.56 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 196,957.8 SQUARE FEET OR 4.5215 ACRES, MORE OR LESS; Together with West half of abutting Right‐of‐Way of McMullen Booth Road. Exhibit B PROPOSED ANNEXATION Owner(s): Kim A. Preedom Trust, Kim A. Preedom Tre; Randall R. Preedom Trust, Randall R. Preedom Tre Case: ANX2016-07023 Site: Unaddressed (0) N. McMullen Booth Road Property Size(Acres): ROW (Acres): 4.522 0.573 Land Use Zoning PIN: 33-28-16-00000-220-0160 From : RL AE Atlas Page: 234A To: RLM MDR 5050 30503333* SEE PLAT FOR DIMENSIONS 10 40 60 60 196.2 20050 40503636200 198(S) 200 805050 40 40 40 30 30 49864 498646161962123 A B 12345678 9 112 1 2 3 4 5 1 2 3 585960 3334 35 2 3 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2627 282930 2 22/01 21 4 6.6 21 1.08 22/012 22/04 10.8 21/011 21/012 22/043 22/042 22/041 22/0111 1.06 1 22/015 1.54 22/016 4.43 22/045 22/0114 22/0151A C(C) A C(C) A C(C) A C(C) 1 A C(C) A C A C(C)LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD OAK HILL RD OAKBROOK CIR 231416616830072495 24813074 2454 30702449 303330052451 2471 30032475 30332451 30382465 302123882456 2382 30293023237930203021 2454 2425 2444 2447 301530272455 164165303230503058306330182387302730823012303830003014 1830833001 30542381300630553087305930392380300830193062307830682461 3042 3034 305630443090 302630303091 3086 304530463074306630623026-Not to Scale--Not a Survey-Rev. 9/15/2016 LOCATION MAP Owner(s): Kim A. Preedom Trust, Kim A. Preedom Tre; Randall R. Preedom Trust, Randall R. Preedom Tre Case: ANX2016-07023 Site: Unaddressed (0) N. McMullen Booth Road Property Size(Acres): ROW (Acres): 4.522 0.573 Land Use Zoning PIN: 33-28-16-00000-220-0160 From : RL AE Atlas Page: 234A To: RLM MDR SR 580 ENTERPRISE RD E LANDMARK DR McMULLEN-BOOTH RD FRISCO DR SABER DR EASTLAND BLVD WINDING WOOD DR DEER RUN S BARTON LN DEER RUN N BURNTFORK DR D E E R R U N E ALLEN AV E LEANNE CT SUNSTREAM LN SWEETGUM WAY S HILLCREEK CIR EPINE HILL DR BOOTH BLVD B R A N D Y W IN E D R HAVERFORD DR CASCADE DR SUNDANCER DR FIRST ST ESTEVEN ST HILLCREEK CIR SBOND AVE LUCE DR N PIN OAK DR LU C E D R S DOGWOOD CT ALLEN AVE -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 9/15/2016 AERIAL PHOTOGRAPH Owner(s): Kim A. Preedom Trust, Kim A. Preedom Tre; Randall R. Preedom Trust, Randall R. Preedom Tre Case: ANX2016-07023 Site: Unaddressed (0) N. McMullen Booth Road Property Size(Acres): ROW (Acres): 4.522 0.573 Land Use Zoning PIN: 33-28-16-00000-220-0160 From : RL AE Atlas Page: 234A To: RLM MDR LANDMARK DR LANDMARK DR ENTERPRISE RD EENTERPRISE RD E McMULLEN-BOOTH RD McMULLEN-BOOTH RD OAK HILL RD OAK HILL RD OAKBROOK CIR OAKBROOK CIR BOOTH BLVD BOOTH BLVD -Not to Scale--Not a Survey-Rev. 9/15/2016 EXISTING SURROUNDING USES MAP Owner(s): Kim A. Preedom Trust, Kim A. Preedom Tre; Randall R. Preedom Trust, Randall R. Preedom Tre Case: ANX2016-07023 Site: Unaddressed (0) N. McMullen Booth Road Property Size(Acres): ROW (Acres): 4.522 0.573 Land Use Zoning PIN: 33-28-16-00000-220-0160 From : RL AE Atlas Page: 234A To: RLM MDR 5050 30503333* SEE PLAT FOR DIMENSIONS 10 40 60 60 196.2 20050 40503636200 198(S) 200 805050 40 40 40 30 30 49864 498646161962123 A B 12345678 9 112 1 2 3 4 5 1 2 3 585960 3334 35 2 3 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2627 282930 2 22/01 21 4 6.6 21 1.08 22/012 22/04 10.8 21/011 21/012 22/043 22/042 22/041 22/0111 1.06 1 22/015 1.54 22/016 4.43 22/045 22/0114 22/0151A C(C) A C(C) A C(C) A C(C) 1 A C(C) A C A C(C)LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD OAK HILL RD OAKBROOK CIR 231416616830072495 24813074 2454 30702449 303330052451 2471 30032475 30332451 30382465 302123882456 2382 30293023237930203021 2454 2425 2444 2447 301530272455 164165303230503058306330182387302730823012303830003014 1830833001 30542381300630553087305930392380300830193062307830682461 3042 3034 305630443090 302630303091 3086 304530463074306630623026-Not to Scale--Not a Survey-Rev. 9/15/2016 Single Family Residential Drainage Ditch Commercial Vacant Single Family Single Family View looking west at the subject property, Unaddressed McMullen Booth Road North of the subject property South of the subject property Across the street, to the east of the subject property LUP2015-09003, REZ2015-09002 HR Tampa Bay LLC Unaddressed McMullen Booth Road View looking northerly along McMullen Booth Road View looking southerly along McMullen Booth Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2016-07024 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve the annexation of 2425 McMullen Booth Road, together with abutting west half of right-of-way of McMullen Booth Road; and pass Ordinance 9001-17 on first reading. (ANX2016-07024) SUMMARY: This voluntary annexation petition involves one parcel of land totaling 2 acres. The parcel is currently occupied by a single family home and is located on the west side of McMullen Booth Road approximately 836 feet south of East Enterprise Road . The applicant is requesting annexation in order to receive solid waste and water service from the City, and will be connected to city sewer when the property is redeveloped. The property is contiguous to existing city boundaries along the south and west (see companion case ANX 2016-07023). The Development Review Committee is proposing that 0.496-acres of abutting McMullen Booth Road right-of-way also be annexed. The applicant has also submitted applications to change the property ’s Future Land Use Map designation of Residential Low (RL) to Residential Low Medium (RLM) (LUP2016-02002) and to rezone the property to the Medium Density Residential (MDR) District (City of Clearwater) (REZ2016-02002) upon annexation into the City of Clearwater. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·Collection of solid waste, sanitary sewer and water service will be provided to the property by the City. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to the property by Station 50 located at 2681 Countryside Boulevard. The City has adequate capacity to serve the property with water, 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; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Page 1 City of Clearwater Printed on 3/13/2017 File Number: ANX2016-07024 Objective A.7.2 Diversify and expand the City ’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single -family residential properties upon request. ·The property proposed for annexation is contiguous to existing city boundaries along the south and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 3/13/2017 Ordinance No. 9001-17 ORDINANCE NO. 9001-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD APPROXIMATELY 836 FEET SOUTH OF ENTERPRISE ROAD EAST, WHOSE POST OFFICE ADDRESS IS 2425 MCMULLEN BOOTH ROAD, CLEARWATER, FLORIDA 33759, TOGETHER WITH CERTAIN ABUTTING RIGHT-OF-WAY OF MCMULLEN BOOTH ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit B have 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: See attached Exhibit A for Legal Description; (ANX2016-07024) The map attached as Exhibit B is hereby incorporated by reference. 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 and Development 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. Ordinance No. 9001-17 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A A PORTION OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF OAKBROOK ESTATES AS RECORDED IN PLAT BOOK 118, PAGES 47 AND 48, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE NORTH 00"01'46" EAST, ALONG THE EAST BOUNDARY LINE OF SAID OAKBROOK ESTATES, 464.95 FEET TO A POINT ON THE SOUTH BOUNDARY LINE OF POND 2 PARCEL AS DESCRIBED IN ORDER OF TAKING IN OFFICIAL RECORDS BOOK 8128, PAGE 288 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE LEAVING SAID EAST BOUNDARY LINE NORTH 89"55'05" EAST, ALONG SAID SOUTH BOUNDARY, 210.23 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTH BOUNDARY LINE, NORTH 89"55'05" EAST, 400.00 FEET TO A POINT ON A CURVE AND THE WEST RIGHT‐OF‐WAY LINE OF McMULLEN BOOTH ROAD ALSO BEING DESCRIBED IN SAID ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 8128, PAGE 288; SAID CURVE HAVING A RADIUS OF 13,322.10 FEET, CHORD BEARING AND DISTANCE OF SOUTH 00"2255" WEST, 206.02 FEET TO A POINT OF TANGENCY; THENCE CONTINUE ALONG SAID WEST RIGHT‐OF‐WAY LINE, SOUTH 00"06'03" EAST, 11.98 FEET; THENCE LEAVING SAID WEST RIGHT‐OF‐WAY LINE, SOUTH 89"55'05" WEST, 400.00 FEET; THENCE NORTH 00"21 '20" EAST, 218.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINING 87,133.6 SQUARE FEET OR 2.0003 ACRES, MORE OR LESS. Together with West half of abutting Right‐of‐Way of McMullen Booth Road. Exhibit B PROPOSED ANNEXATION Owner(s): Kim A. Preedom Trust, Kim A. Preedom Tre; Randall R. Preedom Trust, Randall R. Preedom Tre Case: ANX2016-07024 Site: 2425 N. McMullen Booth Road Property Size(Acres): ROW (Acres): 2.00 0.496 Land Use Zoning PIN: 33-28-16-00000-220-0160 From : RL AE Atlas Page: 234A To: RLM MDR 5050 305033331.38 * SEE PLAT FOR DIMENSIONS 50 10 40 60 60 196.2 20050 40503636200 198(S) 200 805050 40 40 40 30 30 49864 498646161962123 A B 12345678 9 1 2 3 4 5 1 2 3 585960 3334 35 2 3 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2627 282930 2 22/01 21 4 6.6 21 1.08 22/012 22/04 10.8 21/011 21/012 22/043 22/042 22/041 22/0111 1.06 1 22/015 1.54 22/016 4.43 22/045 22/0114 22/0151A C(C) A C(C) A C(C) A C(C) A C 1 A C(C) A C A C(C)LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD OAK HILL RD OAKBROOK CIR BOOTH BLVD 23141661641683007303230582495 2481 30742454 2387307030122449 30333014184730052451 2471 305430032475 30332451 30382465 30212 3 8 8 2456 2382 30393029237930083020 3062306830212454 2444 2447 305630443026 301530453 0 4 6 30272455 30743066306230266530503063301830273082 3038300030833003001303006 30553087 3059302330193078 2461 2425 3042 3034 3090 30303091 3086 -Not to Scale--Not a Survey-Rev.9/16/2016 LOCATION MAP Owner(s): Kim A. Preedom Trust, Kim A. Preedom Tre; Randall R. Preedom Trust, Randall R. Preedom Tre Case: ANX2016-07024 Site: 2425 N. McMullen Booth Road Property Size(Acres): ROW (Acres): 2.00 0.496 Land Use Zoning PIN: 33-28-16-00000-220-0100 From : RL AE Atlas Page: 234A To: RLM MDR SR 580 LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD FRISCO DR SABER DR ALLEN AV E WILDWOOD DR PINE HILL DR EASTLAND BLVD DEER RUN S BOOTH BLVD BARTON LN DEER RUN N BURNTFORK DR D E E R R U N E LEANNE CT RUBY CIR SUNSTREAM LN SWEETGUM WAY S HILLCREEK CIR EB R A N D Y W IN E D R DANIEL ST HAVERFORD DR CASCADE DR MAYFAIR CT P H E A S A N T R U N STEVEN ST BOND AVE LUCE DR N PIN OAK DR LUCE DR S OCTAVIA WAY -Not to Scale--Not a Survey-^ PROJECT SITE Rev.9/16/2016 AERIAL PHOTOGRAPH Owner(s): Kim A. Preedom Trust, Kim A. Preedom Tre; Randall R. Preedom Trust, Randall R. Preedom Tre Case: ANX2016-07024 Site: 2425 N. McMullen Booth Road Property Size(Acres): ROW (Acres): 2.00 0.496 Land Use Zoning PIN: 33-28-16-00000-220-0100 From : RL AE Atlas Page: 234A To: RLM MDR LANDMARK DR LANDMARK DR ENTERPRISE RD EENTERPRISE RD E McMULLEN-BOOTH RD McMULLEN-BOOTH RD OAK HILL RD OAK HILL RD OAKBROOK CIR OAKBROOK CIR BOOTH BLVD BOOTH BLVD -Not to Scale--Not a Survey-Rev.9/15/2016 EXISTING SURROUNDING USES MAP Owner(s): Kim A. Preedom Trust, Kim A. Preedom Tre; Randall R. Preedom Trust, Randall R. Preedom Tre Case: ANX2016-07024 Site: 2425 N. McMullen Booth Road Property Size(Acres): ROW (Acres): 2.00 0.496 Land Use Zoning PIN: 33-28-16-00000-220-0100 From : RL AE Atlas Page: 234A To: RLM MDR 5050 305033331.38 * SEE PLAT FOR DIMENSIONS 50 10 40 60 60 196.2 20050 40503636200 198(S) 200 805050 40 40 40 30 30 49864 498646161962123 A B 12345678 9 1 2 3 4 5 1 2 3 585960 3334 35 2 3 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2627 282930 2 22/01 21 4 6.6 21 1.08 22/012 22/04 10.8 21/011 21/012 22/043 22/042 22/041 22/0111 1.06 1 22/015 1.54 22/016 4.43 22/045 22/0114 22/0151A C(C) A C(C) A C(C) A C(C) A C 1 A C(C) A C A C(C)LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD OAK HILL RD OAKBROOK CIR BOOTH BLVD 23141661641683007303230582495 2481 30742454 2387307030122449 30333014184730052451 2471 305430032475 30332451 30382465 30212 3 8 8 2456 2382 30393029237930083020 3062306830212454 2444 2447 305630443026 301530453 0 4 6 30272455 30743066306230266530503063301830273082 3038300030833003001303006 30553087 3059302330193078 2461 2425 3042 3034 3090 30303091 3086 -Not to Scale--Not a Survey-Rev.9/16/2016 Vacant Drainage Ditch Commercial Vacant Single Family Single Family View looking west at the subject property, 2425 McMullen Booth Road North of the subject property South of the subject property Across the street, to the east of the subject property LUP2015-09003, REZ2015-09002 HR Tampa Bay LLC 2425 McMullen Booth Road View looking northerly along McMullen Booth Road View looking southerly along McMullen Booth Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: LUP2016-02002A Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve a Future Land Use Map Amendment from the Residential Low (RL) category to the Residential Low Medium (RLM) category for 2425 McMullen Booth Road and an unaddressed parcel on McMullen Booth Road; and pass Ordinance 9002-17 on first reading. (LUP2016-02002) SUMMARY: This Future Land Use Map amendment involves two parcels of land totaling 6.522 acres located on the west side of McMullen Booth Road approximately 850 feet south of Enterprise Road East. One parcel is currently occupied by a single family residence, and the other parcel is currently vacant . The applicants are requesting to amend the properties’ Future Land Use Map category of Residential Low (RL) to the Residential Low Medium (RLM) category, indicating the intention to redevelop the site as an assisted living facility; however, no plans have been submitted at this time. The applicants have submitted petitions for annexation for two parcels (ANX2016-07023 and ANX2016-07024) and a Zoning Atlas Amendment (REZ2016-02002) which are being processed concurrently with this case. The proposed Residential Low Medium (RLM) category would permit development at a density of 10 dwelling units per acre, or a FAR of 0.50. The City’s Community Development Code allows residential or residential equivalent uses within the proposed Medium Density Residential (MDR) zoning district. The Residential Low Medium (RLM) future land use category requested is consistent with the surrounding future land use categories that exist in the vicinity of the subject property. The proposed Residential Low Medium (RLM) future land use category will allow the site to develop with residential uses at a higher density, providing a transition from the lower density residential properties to the south and west to the commercial properties to the north of the subject site at the Enterprise Road East intersection. The Planning and Development Department determined that the proposed Future Land Use Map amendment is consistent with the provisions of Clearwater Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. ·The proposed amendment is compatible with the surrounding property and character of the neighborhood. ·Sufficient public facilities are available to serve the property. ·The proposed amendment will not have an adverse impact on the natural environment. ·The proposed amendment will not have an adverse impact on the use of property in the immediate area. Page 1 City of Clearwater Printed on 3/13/2017 File Number: LUP2016-02002A The Countywide Plan Map designation for the properties, as well as for the adjacent residential neighborhoods, is Residential Low Medium (RLM), and will remain so designated following this land use plan amendment. Therefore, in accordance with the Countywide Plan Rules, this land use plan amendment must be submitted to Forward Pinellas staff for administrative review and is subject to acceptance by Forward Pinellas, in its role as the Pinellas Planning Council. The application is a small -scale amendment so review and approval by the Florida Department of Economic Opportunity (Division of Community Planning) is not required. The Community Development Board reviewed this application at its February 21, 2017 public hearing and unanimously recommended approval. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 3/13/2017 Ordinance No. 9002-17 ORDINANCE NO. 9002-17 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 PROPERTIES LOCATED APPROXIMATELY 836 FEET SOUTH OF ENTERPRISE ROAD EAST, WHOSE POST OFFICE ADDRESSES ARE 2425 MCMULLEN BOOTH ROAD AND AN UNADDRESSED PARCEL LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD APPROXIMATELY 1,054 FEET SOUTH OF ENTERPRISE ROAD EAST, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW MEDIUM (RLM); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for Legal Descriptions;From: Residential Low (RL) To: Residential Low Medium (RLM) (LUP2016-02002) The map attached as Exhibit B is hereby incorporated by reference. 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 contingent upon and subject to the adoption of Ordinance Nos. 9000-17 and 9001-17 (annexation ordinances), approval of the land use designation by the Pinellas County Board of Commissioners, where applicable, and thirty-one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. Ordinance No. 9002-17 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 2425 McMullen Booth Road; 33-28-16-00000-220-0100 A PORTION OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF OAKBROOK ESTATES AS RECORDED IN PLAT BOOK 118, PAGES 47 AND 48, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE NORTH 00"01'46" EAST, ALONG THE EAST BOUNDARY LINE OF SAID OAKBROOK ESTATES, 464.95 FEET TO A POINT ON THE SOUTH BOUNDARY LINE OF POND 2 PARCEL AS DESCRIBED IN ORDER OF TAKING IN OFFICIAL RECORDS BOOK 8128, PAGE 288 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE LEAVING SAID EAST BOUNDARY LINE NORTH 89"55'05" EAST, ALONG SAID SOUTH BOUNDARY, 210.23 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTH BOUNDARY LINE, NORTH 89"55'05" EAST, 400.00 FEET TO A POINT ON A CURVE AND THE WEST RIGHT-OF-WAY LINE OF McMULLEN BOOTH ROAD ALSO BEING DESCRIBED IN SAID ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 8128, PAGE 288; SAID CURVE HAVING A RADIUS OF 13,322.10 FEET, CHORD BEARING AND DISTANCE OF SOUTH 00"2255" WEST, 206.02 FEET TO A POINT OF TANGENCY; THENCE CONTINUE ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH 00"06'03" EAST, 11.98 FEET; THENCE LEAVING SAID WEST RIGHT-OF-WAY LINE, SOUTH 89"55'05" WEST, 400.00 FEET; THENCE NORTH 00"21 '20" EAST, 218.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINING 87,133.6 SQUARE FEET OR 2.0003 ACRES, MORE OR LESS. Unaddressed McMullen Booth Road; 33-28-16-00000-220-0160 LAND USE LEGAL DESCRIPTION A PART OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF OAKBROOK ESTATES AS RECORDED IN PLAT BOOK 118, PAGES 47 AND 48, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE NORTH 00 "01'46" EAST, ALONG SAID EAST BOUNDARY LINE OF SAID OAKBROOK ESTATES, 464.95 FEET TO A POINT OF THE SOUTH BOUNDARY LINE OF POND 2 PARCEL AS DESCRIBED IN ORDER OF TAKING IN OFFICIAL RECORDS BOOK 8128, PAGE 288 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE LEAVING SAID EAST BOUNDARY LINE NORTH 89"55'05" EAST, ALONG SAID SOUTH BOUNDARY, 210.23 FEET; THENCE LEAVE SAID SOUTH BOUNDARY LINE, SOUTH 00"21'20" WEST, 218.00 FEET; THENCE NORTH 89"55'05" EAST, 400.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF McMULLEN BOOTH ROAD ALSO DESCRIBED IN ORDER OF TAKING IN OFFICIAL RECORDS BOOK 8128, PAGE 288 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE SOUTH 00"06'03" EAST ALONG SAID WEST RIGHT-OF- WAY LINE, 249.57 FEET TO A POINT OF INTERSECTION WITH THE SOUTH BOUNDARY LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 33; THENCE LEAVE SAID WEST RIGHT-OF-WAY LINE OF McMULLEN BOOTH ROAD, NORTH 89"50'08" WEST AND ALONG SAID SOUTH BOUNDARY OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 33, 609.56 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 196,957.8 SQUARE FEET OR 4.5215 ACRES, MORE OR LESS. Exhibit B FUTURE LAND USE MAP Owner(s): Kim A. Preedom Trust, Kim A. Preedom Tre; Randall R. Preedom Trust, Randall R. Preedom Tre Case: LUP2016-02002 REZ2016-02002 Site: 2425 N. McMullen Booth Road Unaddressed McMullen Booth Road Property Size(Acres): ROW (Acres): 6.522 Land Use Zoning PIN: 33-28-16-00000-220-0100 33-28-16-00000-220-0160 From : RL AE Atlas Page: 234A To: RLM MDR 5030503333* SEE PLAT FOR DIMENSIONS 10 40 60 60 196.2 20050 40503636200 198(S) 200 805050 40 40 40 30 30 49864 498646161962123 A B 12345678 9 10 1 2 3 4 5 6 112 1 2 3 4 5 6 1 2 3 585960 3334 35 2 3 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2627 282930 2 22/01 21/02 4 6.6 21/01 1.08 22/012 22/04 10.8 21/011 21/012 22/043 22/042 22/041 22/0111 1.06 1 22/015 1.54 22/016 4.43 22/045 22/0114 22/0151A C(C) A C(C) A C(C) A C(C) A A 1 A C(C) A C A C(C) RL P R/O/R R/O/R RU R/OG R/OG RU RL RU R/OG RU R/OG LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD OAK HILL RD BOOTH BLVD OAKBROOK CIR 2563141661641681652495 24813074 2454 307030052451 2471 30032475 30332451 30382465 30212456 2382 30293023302030212454 2444 30563044304524553007 3032305030583063301823873027308230122449 3038 303330003014130833001 305423813006305523883087305930392379 2380300830193062307830682461 2425 3042 3034 2447 3090 302630303091 3086 3015304630273074306630623026-Not to Scale--Not a Survey-Rev. 9/15/2016 LOCATION MAP Owner(s): Kim A. Preedom Trust, Kim A. Preedom Tre; Randall R. Preedom Trust, Randall R. Preedom Tre Case: LUP2016-02002 REZ2016-02002 Site: 2425 N. McMullen Booth Road Property Size(Acres): ROW (Acres): 6.522 Land Use Zoning PIN: 33-28-16-00000-220-0100 33-28-16-00000-220-0160 From : RL AE Atlas Page: 234A To: RLM MDR SR 580 LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD FRISCO DR SABER DR ALLEN AV E WILDWOOD DR PINE HILL DR EASTLAND BLVD DEER RUN S BOOTH BLVD BARTON LN DEER RUN N BURNTFORK DR D E E R R U N E LEANNE CT RUBY CIR SUNSTREAM LN SWEETGUM WAY S HILLCREEK CIR EB R A N D Y W IN E D R DANIEL ST HAVERFORD DR CASCADE DR MAYFAIR CT P H E A S A N T R U N STEVEN ST BOND AVE LUCE DR N PIN OAK DR LUCE DR S OCTAVIA WAY -Not to Scale--Not a Survey-^ PROJECT SITE Rev.9/15/2016 AERIAL PHOTOGRAPH Owner(s): Kim A. Preedom Trust, Kim A. Preedom Tre; Randall R. Preedom Trust, Randall R. Preedom Tre Case: LUP2016-02002 REZ2016-02002 Site: 2425 N. McMullen Booth Road Property Size(Acres): ROW (Acres): 6.522 Land Use Zoning PIN: 33-28-16-00000-220-0100 33-28-16-00000-220-0160 From : RL AE Atlas Page: 234A To: RLM MDR LANDMARK DR LANDMARK DR ENTERPRISE RD EENTERPRISE RD E McMULLEN-BOOTH RD McMULLEN-BOOTH RD OAK HILL RD OAK HILL RD BOOTH BLVD BOOTH BLVD OAKBROOK CIR OAKBROOK CIR BARTON LN BARTON LN -Not to Scale--Not a Survey-Rev. 9/15/2016 EXISTING SURROUNDING USES MAP Owner(s): Kim A. Preedom Trust, Kim A. Preedom Tre; Randall R. Preedom Trust, Randall R. Preedom Tre Case: LUP2016-02002 REZ2016-02002 Site: 2425 N. McMullen Booth Road Property Size(Acres): ROW (Acres): 6.522 Land Use Zoning PIN: 33-28-16-00000-220-0100 33-28-16-00000-220-0160 From : RL AE Atlas Page: 234A To: RLM MDR 5030503333* SEE PLAT FOR DIMENSIONS 10 40 60 60 196.2 20050 40503636200 198(S) 200 805050 40 40 40 30 30 49864 498646161962123 A B 12345678 9 10 1 2 3 4 5 6 112 1 2 3 4 5 6 1 2 3 585960 3334 35 2 3 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2627 282930 2 22/01 21/02 4 6.6 21/01 1.08 22/012 22/04 10.8 21/011 21/012 22/043 22/042 22/041 22/0111 1.06 1 22/015 1.54 22/016 4.43 22/045 22/0114 22/0151A C(C) A C(C) A C(C) A C(C) A A 1 A C(C) A C A C(C)LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD OAK HILL RD BOOTH BLVD OAKBROOK CIR 25631416616416816530072495 24813074 2454 307024493005 2451 2471 30032475 30332451 30382465 302123882456 2382 30293023237930203021 2454 2444 2447 305630443026 30452455 30743032305030583063301823873027308230123038 303330003014130833001 30542381300630553087305930392380300830193062307830682461 2425 3042 3034 3090 30303091 3086 301530463027306630623026-Not to Scale--Not a Survey-Rev. 9/15/2016 Drainage Ditch Commercial Vacant Single Family Single Family View looking west at the subject property, Unaddressed McMullen Booth Road North of the subject property South of the subject property Across the street, to the east of the subject property LUP2016-02002, REZ2016-02002 HR Tampa Bay LLC Unaddressed McMullen Booth Road View looking northerly along McMullen Booth Road View looking southerly along McMullen Booth Road View looking west at the subject property, 2425 McMullen Booth Road North of the subject property South of the subject property Across the street, to the east of the subject property LUP2016-02002, REZ2016-02002 HR Tampa Bay LLC 2425 McMullen Booth Road View looking northerly along McMullen Booth Road View looking southerly along McMullen Booth Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: REZ2016-02002A Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve a Zoning Atlas Amendment from the A-E Agricultural Estate Residential District (Pinellas County) to the Medium Density Residential (MDR) District (City) for 2425 McMullen Booth Road and an unaddressed parcel on McMullen Booth Road; and pass Ordinance 9003-17 on first reading. (REZ2016-02002) SUMMARY: This Zoning Atlas amendment involves two parcels of land totaling 6.522 acres located on the west side of McMullen Booth Road approximately 850 feet south of Enterprise Road East . One parcel is currently occupied by a single family residence, and the other parcel is currently vacant. The applicants are requesting to rezone the properties from A -E Agricultural Estate Residential District (Pinellas County) to the Medium Density Residential (MDR) District (City), indicating the intention to redevelop the site as an assisted living facility; however, no plans have been submitted at this time. The applicants have submitted petitions for annexation for two parcels (ANX2016-07023 and ANX2016-07024) and a Future Land Use Map amendment (LUP2016-02002) which are being processed concurrently with this case. The proposed Medium Density Residential (MDR) District will allow the site to be redeveloped with residential or residential equivalent uses, including an assisted living facility use. The Medium Density Residential (MDR) zoning district is consistent with the surrounding residential zoning districts that exist in the vicinity of the subject property. There is an existing pattern of residential and residential equivalent uses along McMullen Booth Road, which is designated as a Scenic /Noncommercial Corridor on the Countywide Scenic/Noncommercial Corridor Map. As such, the proposed amendment will allow development that is in character with the surrounding properties and neighborhood. The Planning and Development Department determined that the proposed Zoning Atlas amendment is consistent with the Clearwater Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. ·The proposed amendment is compatible with the surrounding property and character of the neighborhood. ·The available uses in the Medium Density Residential (MDR) District are compatible with the surrounding area. ·The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner; and Page 1 City of Clearwater Printed on 3/13/2017 File Number: REZ2016-02002A ·The proposed Medium Density Residential (MDR) District boundary is appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board reviewed this application at its February 21, 2017 public hearing and unanimously recommended approval. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 3/13/2017 Ordinance No. 9003-17 ORDINANCE NO. 9003-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED APPROXIMATELY 836 FEET SOUTH OF ENTERPRISE ROAD EAST, WHOSE POST OFFICE ADDRESSES ARE 2425 MCMULLEN BOOTH ROAD AND AN UNADDRESSED PARCEL LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD APPROXIMATELY 1,054 FEET SOUTH OF ENTERPRISE ROAD EAST, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Zoning Atlas 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 following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. 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. 9000-17 and 9001-17 (annexation ordinances), and subject to the approval of the land use designation set forth in Ordinance 9002-17 by the Pinellas County Board of Commissioners, where applicable. Property Zoning District See attached Exhibit A for Legal Description; From: A-E Agricultural Estate Residential To: Medium Density Residential (MDR) (REZ2016-02002) Ordinance No. 9003-17 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 2425 McMullen Booth Road; 33-28-16-00000-220-0100 A PORTION OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF OAKBROOK ESTATES AS RECORDED IN PLAT BOOK 118, PAGES 47 AND 48, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE NORTH 00"01'46" EAST, ALONG THE EAST BOUNDARY LINE OF SAID OAKBROOK ESTATES, 464.95 FEET TO A POINT ON THE SOUTH BOUNDARY LINE OF POND 2 PARCEL AS DESCRIBED IN ORDER OF TAKING IN OFFICIAL RECORDS BOOK 8128, PAGE 288 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE LEAVING SAID EAST BOUNDARY LINE NORTH 89"55'05" EAST, ALONG SAID SOUTH BOUNDARY, 210.23 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTH BOUNDARY LINE, NORTH 89"55'05" EAST, 400.00 FEET TO A POINT ON A CURVE AND THE WEST RIGHT-OF-WAY LINE OF McMULLEN BOOTH ROAD ALSO BEING DESCRIBED IN SAID ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 8128, PAGE 288; SAID CURVE HAVING A RADIUS OF 13,322.10 FEET, CHORD BEARING AND DISTANCE OF SOUTH 00"2255" WEST, 206.02 FEET TO A POINT OF TANGENCY; THENCE CONTINUE ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH 00"06'03" EAST, 11.98 FEET; THENCE LEAVING SAID WEST RIGHT-OF-WAY LINE, SOUTH 89"55'05" WEST, 400.00 FEET; THENCE NORTH 00"21 '20" EAST, 218.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINING 87,133.6 SQUARE FEET OR 2.0003 ACRES, MORE OR LESS. Unaddressed McMullen Booth Road; 33-28-16-00000-220-0160 LAND USE LEGAL DESCRIPTION A PART OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF OAKBROOK ESTATES AS RECORDED IN PLAT BOOK 118, PAGES 47 AND 48, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE NORTH 00 "01'46" EAST, ALONG SAID EAST BOUNDARY LINE OF SAID OAKBROOK ESTATES, 464.95 FEET TO A POINT OF THE SOUTH BOUNDARY LINE OF POND 2 PARCEL AS DESCRIBED IN ORDER OF TAKING IN OFFICIAL RECORDS BOOK 8128, PAGE 288 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE LEAVING SAID EAST BOUNDARY LINE NORTH 89"55'05" EAST, ALONG SAID SOUTH BOUNDARY, 210.23 FEET; THENCE LEAVE SAID SOUTH BOUNDARY LINE, SOUTH 00"21'20" WEST, 218.00 FEET; THENCE NORTH 89"55'05" EAST, 400.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF McMULLEN BOOTH ROAD ALSO DESCRIBED IN ORDER OF TAKING IN OFFICIAL RECORDS BOOK 8128, PAGE 288 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE SOUTH 00"06'03" EAST ALONG SAID WEST RIGHT-OF- WAY LINE, 249.57 FEET TO A POINT OF INTERSECTION WITH THE SOUTH BOUNDARY LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 33; THENCE LEAVE SAID WEST RIGHT-OF-WAY LINE OF McMULLEN BOOTH ROAD, NORTH 89"50'08" WEST AND ALONG SAID SOUTH BOUNDARY OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 33, 609.56 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 196,957.8 SQUARE FEET OR 4.5215 ACRES, MORE OR LESS. Exhibit B ZONING MAP Owner(s): Kim A. Preedom Trust, Kim A. Preedom Tre; Randall R. Preedom Trust, Randall R. Preedom Tre Case: LUP2016-02002 REZ2016-02002 Site: 2425 N. McMullen Booth Road Unaddressed McMullen Booth Road Property Size(Acres): ROW (Acres): 6.522 Land Use Zoning PIN: 33-28-16-00000-220-0100 33-28-16-00000-220-0160 From : RL AE Atlas Page: 234A To: RLM MDR 5030503333* SEE PLAT FOR DIMENSIONS 10 40 60 60 196.2 20050 40503636200 198(S) 200 805050 40 40 40 30 30 49864 498646161962123 A B 12345678 9 10 1 2 3 4 5 6 112 1 2 3 4 5 6 1 2 3 585960 3334 35 2 3 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2627 282930 2 22/01 21/02 4 6.6 21/01 1.08 22/012 22/04 10.8 21/011 21/012 22/043 22/042 22/041 22/0111 1.06 1 22/015 1.54 22/016 4.43 22/045 22/0114 22/0151A C(C) A C(C) A C(C) A C(C) A A 1 A C(C) A C A C(C)LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD OAK HILL RD BOOTH BLVD OAKBROOK CIR O LMDR LDR C P O 2563141661641681652495 24813074 2454 307024493005 2451 2471 30032475 30332451 30382465 30212456 2382 30293023237930203021 2454 2444 2447 305630443026 30452455 307430073032305030583063301823873027308230123038 303330003014130833001 305423813006305523883087305930392380300830193062307830682461 2425 3042 3034 3090 30303091 3086 301530463027306630623026-Not to Scale--Not a Survey-Rev. 9/20/2016 LOCATION MAP Owner(s): Kim A. Preedom Trust, Kim A. Preedom Tre; Randall R. Preedom Trust, Randall R. Preedom Tre Case: LUP2016-02002 REZ2016-02002 Site: 2425 N. McMullen Booth Road Property Size(Acres): ROW (Acres): 6.522 Land Use Zoning PIN: 33-28-16-00000-220-0100 33-28-16-00000-220-0160 From : RL AE Atlas Page: 234A To: RLM MDR SR 580 LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD FRISCO DR SABER DR ALLEN AV E WILDWOOD DR PINE HILL DR EASTLAND BLVD DEER RUN S BOOTH BLVD BARTON LN DEER RUN N BURNTFORK DR D E E R R U N E LEANNE CT RUBY CIR SUNSTREAM LN SWEETGUM WAY S HILLCREEK CIR EB R A N D Y W IN E D R DANIEL ST HAVERFORD DR CASCADE DR MAYFAIR CT P H E A S A N T R U N STEVEN ST BOND AVE LUCE DR N PIN OAK DR LUCE DR S OCTAVIA WAY -Not to Scale--Not a Survey-^ PROJECT SITE Rev.9/15/2016 AERIAL PHOTOGRAPH Owner(s): Kim A. Preedom Trust, Kim A. Preedom Tre; Randall R. Preedom Trust, Randall R. Preedom Tre Case: LUP2016-02002 REZ2016-02002 Site: 2425 N. McMullen Booth Road Property Size(Acres): ROW (Acres): 6.522 Land Use Zoning PIN: 33-28-16-00000-220-0100 33-28-16-00000-220-0160 From : RL AE Atlas Page: 234A To: RLM MDR LANDMARK DR LANDMARK DR ENTERPRISE RD EENTERPRISE RD E McMULLEN-BOOTH RD McMULLEN-BOOTH RD OAK HILL RD OAK HILL RD BOOTH BLVD BOOTH BLVD OAKBROOK CIR OAKBROOK CIR BARTON LN BARTON LN -Not to Scale--Not a Survey-Rev. 9/15/2016 EXISTING SURROUNDING USES MAP Owner(s): Kim A. Preedom Trust, Kim A. Preedom Tre; Randall R. Preedom Trust, Randall R. Preedom Tre Case: LUP2016-02002 REZ2016-02002 Site: 2425 N. McMullen Booth Road Property Size(Acres): ROW (Acres): 6.522 Land Use Zoning PIN: 33-28-16-00000-220-0100 33-28-16-00000-220-0160 From : RL AE Atlas Page: 234A To: RLM MDR 5030503333* SEE PLAT FOR DIMENSIONS 10 40 60 60 196.2 20050 40503636200 198(S) 200 805050 40 40 40 30 30 49864 498646161962123 A B 12345678 9 10 1 2 3 4 5 6 112 1 2 3 4 5 6 1 2 3 585960 3334 35 2 3 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2627 282930 2 22/01 21/02 4 6.6 21/01 1.08 22/012 22/04 10.8 21/011 21/012 22/043 22/042 22/041 22/0111 1.06 1 22/015 1.54 22/016 4.43 22/045 22/0114 22/0151A C(C) A C(C) A C(C) A C(C) A A 1 A C(C) A C A C(C)LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD OAK HILL RD BOOTH BLVD OAKBROOK CIR 25631416616416816530072495 24813074 2454 307024493005 2451 2471 30032475 30332451 30382465 302123882456 2382 30293023237930203021 2454 2444 2447 305630443026 30452455 30743032305030583063301823873027308230123038 303330003014130833001 30542381300630553087305930392380300830193062307830682461 2425 3042 3034 3090 30303091 3086 301530463027306630623026-Not to Scale--Not a Survey-Rev. 9/15/2016 Drainage Ditch Commercial Vacant Single Family Single Family View looking west at the subject property, Unaddressed McMullen Booth Road North of the subject property South of the subject property Across the street, to the east of the subject property LUP2016-02002, REZ2016-02002 HR Tampa Bay LLC Unaddressed McMullen Booth Road View looking northerly along McMullen Booth Road View looking southerly along McMullen Booth Road View looking west at the subject property, 2425 McMullen Booth Road North of the subject property South of the subject property Across the street, to the east of the subject property LUP2016-02002, REZ2016-02002 HR Tampa Bay LLC 2425 McMullen Booth Road View looking northerly along McMullen Booth Road View looking southerly along McMullen Booth Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3311 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Terminate the Development Agreement between Ted and Maria Lenart, Trustees of Lenart Family Trust UTD December 20, 1991 (the property owner) and the City of Clearwater, which provided for the allocation of up to 69 units from the Hotel Density Reserve under Beach by Design, adopt Resolution 17-07 and authorize the appropriate officials to execute same . (HDA2013-08007) SUMMARY: No changes have been made to the Development Proposal presented at the March 2, 2017 council meeting. On December 4, 2013, a Development Agreement was made effective between the property owner and the City of Clearwater which provided 69 units from the Hotel Density Reserve (HDA2013-08007/Resolution 13-31). Section 6.1.3.2 of the Agreement provides that the Developer shall obtain appropriate site plan approvals pursuant to a Level One or Level Two development application, within three years from the effective date of this Agreement (Commencement Date) (December 4, 2016) in accordance with the provisions of the Code. Finally, Section 10.1 of the Agreement provides that if the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. As of December 4, 2016, site plans have not been submitted to the City for review, let alone approved as required, above. Therefore, the terms of the Development Agreement have not been met by the Developer. Pursuant to Section 13 of the Agreement, notices have been provided to: 1.Ted and Maria Lenart, Trustees of the Lenart Family Trust, u/ t/d/ December 20, 1991 8556 W. Winnemac, Noridge Page 1 City of Clearwater Printed on 3/13/2017 File Number: ID#17-3311 Chicago, IL 60656 2.Katherine E. Cole, Esq. Hill Ward Henderson 311 Park Place, Suite 240 Clearwater, FL 33759 Page 2 City of Clearwater Printed on 3/13/2017 Resolution No. 17-07 RESOLUTION NO. 17-07 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A TERMINATION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND TED LENART AND MARIA LENART, TRUSTEES OF THE LENART FAMILY TRUST, UTD DECEMBER 20, 1991; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater (the City) entered into a Development Agreement with Ted and Maria Lenart, Trustees of Lenart Family Trust UTD December 20, 1991 (the Property Owner), for the allocation of up to 69 units from the Hotel Density Reserve, under Beach by Design that was adopted by the City Council on November 20, 2013, via Resolution No. 13-31; WHEREAS, the City desires to terminate said Development Agreement as there has been a failure to comply with the terms of the Development Agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The Development Agreement between the City of Clearwater and the Property Owner (HDA2013-08007), a copy of which is attached as Exhibit “A,” is hereby terminated. Section 2. Authorize the City Council and all appropriate officials to execute the Termination of the Development Agreement, a copy of which is attached as Exhibit “B.” Section 3. This resolution shall take effect immediately upon adoption. Section 4. The City Clerk is directed to submit a recorded copy of the record of the Termination of Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2017. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Camilo A. Soto Rosemarie Call City Attorney City Clerk DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the _______ day of _______________, 2013, and entered into between Ted Lenart and Maria Lenart, Trustees of the Lenart Family Trust, utd December 20, 1991 (“Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed additional hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community by further providing for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns approximately 0.69 acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property to add overnight accommodation units, minimal meeting space for guest use, pool/tiki bar, lobby and parking with parking spaces, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B” (collectively, the improvements are the “Project”); and WHEREAS, upon completion the planned resort will contain 103 units, which includes a maximum of sixty nine (69) units from the available Hotel Density Reserve (“Reserve Units”); and WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2012) and any other applicable law; and 2 WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City has conducted public hearings as required by §§ 4-206 and 4-606 of the Community Development Code; and WHEREAS, at a duly called public meeting on ______________________, 2013, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T). 3.2. The Property is owned in fee simple or under contract to be owned in fee simple by the Developer. 3.3 The Property is generally located at 625 S. Gulfview Blvd., Clearwater, FL 33767 as more further described in Exhibit “A”. 3 SECTION 4. Scope of Project. 4.1 The Project shall consist of no more than 103 overnight accommodation units and 150 units per acre. Of the 103 overnight accommodation units, no more than 69 of those units shall be from the Hotel Density Reserve. 4.2 The Project shall include a minimum of 126 parking spaces, as defined in the Community Development Code. 4.3 The design of the Project, as represented in Exhibit “B”, is consistent with Beach by Design, except as otherwise shown on Exhibit “B”. 4.4 The height shall not exceed one hundred (100) feet from Base Flood Elevation, as defined in the Code. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Economic Opportunity pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4606G. 2. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Economic Opportunity a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 4 6.1.3.1 To retain the grant of Reserve Units provided for herein, the Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "B". Any modifications determined by the Planning Director as either inconsistent with attached Exhibit “B” or constituting a substantial deviation from attached Exhibit “B” shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain appropriate site plan approvals pursuant to a Level One or Level Two development application, within three (3) years from the effective date of this Agreement ("Commencement Date") in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of this Agreement, and the Commencement Date, pursuant to the Code or state law. 6.1.3.3 The Developer shall execute, prior to commencement of construction, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", that the accommodation use will closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer not timely constructed in conjunction with the Project shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on this Project. On October 15, 2013, the Community Development Board conditionally terminated the non- 5 conforming status of the Property pursuant to Case No. FLD2013- 08025. In the event the conditions associated with the Termination of Non-conforming Status are met prior to October 15, 2014, thereby vesting the density approved in FLD2013-08025. Developer hereby agrees to return thirty (30) Hotel Density Reserve Units which is the equivalent of the number of existing units determined to be conforming by FLD2013-08025. 6.1.6 Transient Use. Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of less than one (1) month or thirty (30) consecutive days, whichever is less. No hotel unit in a hotel receiving units from the Hotel Density Reserve shall be used as a primary or permanent residence and each hotel unit shall be available to transient hotel guests. All hotel units shall be required to be submitted to a rental program requiring all hotel units to be available for members of the public as overnight hotel guests on a transient basis at all times. 6.1.7 Inspection of Records. Developer shall make available for inspection to the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. 6.1.8 Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Project after 11:00 p.m. on Sunday through Thursday, or after 12:00 midnight on Friday and Saturday. 6.1.9 Public Facilities. Developer agrees to provide a cashier’s check, a payment and performance bond, or a letter of credit in the amount of 115% of the estimated costs of the public facilities and services, if any, to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Developer and City agree that there are no public facilities contemplated by this Agreement. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the re-designations referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 The Project shall receive Sixty-Nine (69) units from the Hotel Density Reserve as defined in Beach by Design. Pursuant to section 6.1.5, in the event the Developer meets the conditions for the Termination of Nonconforming Status therefore vesting the existing density, the Developer shall return thirty (30) Hotel Density Reserve Units to the City. In no way shall this be construed as to permit density greater than 150 units per acre on the Property. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met, including the Metropolitan Planning Organization concurrency management. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of- way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy. 7 SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until ten (10) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 11.1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11.1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Ted and Maria Lenart, Trustees of the Lenart Family Trust, u/t/d/ December 20, 1991 8556 W. Winnemac, Noridge Chicago, IL 60656 8 With Copy to: Katherine E. Cole, Esq. Hill Ward Henderson 311 Park Place, Suite 240 Clearwater, FL 33759 If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third 3rd day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer: 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to 9 such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.1.5 Notwithstanding any other provision of this paragraph, the sale of individual Interval Ownership Units in the ordinary course of business shall not be subject to the requirements of this paragraph. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope 10 or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City, the Developer, and the Association so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. [Signature Pages to Follow] 11 [Signature Page for Hotel Density Reserve Development Agreement] IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: Lenart Family Trust, u/t/d December 20, 1991 ______________________________ __________________________________ Print Name_____________________ Maria Lenart, Co-Trustee ______________________________ Print Name_____________________ ______________________________ ______________________________________ Print Name_____________________ Maria Lenart, Successor Trustee to Ted Lenart ______________________________ Print Name_____________________ As to “Developer” STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 2013, by Maria Lenart, Co-Trustee, Lenart Family Trust, u/t/d December 20, 1991 and Maria Lenart, Successor Trustee to Ted Lenart, , who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: 12 CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 2013, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2013, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: 13 EXHIBIT “A” Legal Description Lots 6 and 7, Block C, BAYSIDE SUBDIVISION NO. 5, according to the plat thereof, as recorded in Plat Book 38, Page 38, of the Public Records of Pinellas County, Florida. 14 EXHIBIT “B” Conceptual Site Plan 15 EXHIBIT “C” COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the _____ day of _________________, 2013, by Ted Lenart and Maria Lenart, Trustees of the Lenart Family Trust utd December 20, 1991 ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended it's Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution __________, passed and approved on ____________, 2013, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for 16 the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2.1.1 A minimum of sixty-nine units, which is the number of hotel units allocated to Developer, shall be used solely for transient occupancy of one month or thirty (30) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. No such hotel unit shall be used as a primary or permanent residence. 2.1.2 All other units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. 2.1.3 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel," "time share," and "operator" shall have the meaning given to such terms in Chapter 509, Part I, Florida Statutes (2012). 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the, terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 17 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to e invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. In the Presence of: Lenart Family Trust, u/t/d December 20, 1991 ______________________________ __________________________________ Print Name_____________________ Maria Lenart, co-Trustee ______________________________ Print Name_____________________ ______________________________ ______________________________________ Print Name_____________________ Maria Lenart, Successor Trustee to Ted Lenart ______________________________ Print Name_____________________ As to “Developer” STATE OF _________________ COUNTY OF _______________ The foregoing instrument was acknowledged before me this _____ day of _______________, 2013, by Maria Lenart, co-Trustee, Lenart Family Trust, u/t/d December 20, 1991 and Maria Lenart, Successor Trustee to Ted Lneart, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: 18 CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 2013, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2013, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: 19 EXHIBIT “D” COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: __________________________________________ __________________________________________ _________________________________________ COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _____ day of _____________, 2013, by Ted Lenart and Maria Lenart, Trustees of the Lenart Family Trust, utd December 20, 1991 (“Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Development Agreement dated ___________, 2013 (the "Development Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel interval ownership project, as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator. 20 In the Presence of: Lenart Family Trust, u/t/d December 20, 1991 ______________________________ __________________________________ Print Name_____________________ Maria Lenart, co-Trustee ______________________________ Print Name_____________________ ______________________________ ______________________________________ Print Name_____________________ Maria Lenart, Successor Trustee to Ted Lenart ______________________________ Print Name_____________________ As to “Developer” STATE OF _________________ COUNTY OF _______________ The foregoing instrument was acknowledged before me this _____ day of _______________, 2013, by Maria Lenart, co-Trustee, Lenart Family Trust, u/t/d December 20, 1991 and Maria Lenart, Successor Trustee to Ted Lneart, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: 21 CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of ______________, 2013, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2013, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: [GM13-1420-133/197670/1] EXHIBIT B TERMINATION AND RELEASE OF A DEVELOPMENT AGREEMENT THIS TERMINATION AND RELEASE OF A DEVELOPMENT AGREEMENT (the "Termination"), between Ted and Maria Lenart, Trustees of Lenart Family Trust UTD December 20, 1991 (the “Property Owner”) and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof (the "City") is dated the _______ day of _______________, 201__. RECITALS: WHEREAS, the City of Clearwater entered into a Development Agreement (the “Agreement”) with The Property Owner, for the allocation of up to 69 units from the Hotel Density Reserve under Beach by Design that was adopted by the City Council on November 20, 2013, via Resolution No. 13-31; and WHEREAS, the Agreement provided for the allocation of up to 69 units from the Hotel Density Reserve under Beach by Design to the Property Owner’s Property at 625 South Gulfview Boulevard, Clearwater, FL 33767 (the “Property”); and WHEREAS, a condition of approval for the allocation of up to 69 units from the Hotel Density Reserve under section 6.1.3.2 of the Agreement provides that the Developer shall obtain appropriate site plan approval, pursuant to a Level One or Level Two development application, within three (3) years from the effective date of the Agreement (the "Deadline"); and WHEREAS, as of the Deadline, December 4, 2016, site plans have not been submitted to the City for review nor have any plans been approved in accordance with the Agreement; and WHEREAS, pursuant to Section 10.1 of the Agreement, failure to timely fulfill obligations may serve as a basis for termination of the Agreement by the City, at the discretion of the City and after notice to the Property Owner and an opportunity for the Property Owner to be heard; and WHEREAS, the City has determined that, as of the date of th e Deadline, the required time frame for site plan approval has lapsed; and WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes section 163.3225, Community Development Code sections 4- 206 and 4-606, and any other applicable law; and WHEREAS, the City wishes to terminate the Agreement, as the Property Owner has not complied with its terms; and [GM13-1420-133/197670/1] WHEREAS, at a duly noticed and convened public meeting on ______________________, 201__, the City Council thereby passed Resolution 17-07 consenting to the termination and release of the Development Agreement; and WHEREAS, termination of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and NOW, THEREFORE, in consideration of the recitals set forth above, which are incorporated herein b y this reference, Ten Dollars ($10.00) in hand paid, and for other good and valuable consideration, the receipt and sufficiency of which is hereb y acknowledged, the Cit y terminates the A greement and hereb y releases the Propert y from all terms, conditions, agreements, grant of rights, and covenants contained in the Agreement, including, without limitation, the allocation of up to 69 units from the Hotel Density Reserve. The Cit y hereb y affirms that: (a) no provision, term, covenant or condition in said Agreement remains in effect as of the date hereof; and (b) the Property retains no right, title or interest of an y kind or nature in said Hotel Density Reserve units. THIS TERMINATION has been executed as of the above-written date b y the Cit y. [GM13-1420-133/197670/1] CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Camilo A. Soto, Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 201__, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public [GM13-1420-133/197670/1] Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 201__, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Notes 101 Coronado Drive (Pier 60 Hotel)72 108 0.72 150.00 36 5/19/2009 8/6/2009 Constructed Constructed FLD2009-03013 / DVA2009-00001 619 S. Gulfview Boulevard (Shephard's)42 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed Constructed FLD2008-12033 / DVA2008-00002 Allocated rooms reduced from 68 to 42 - minor revision on July 6, 2011 655 S. Gulfview Boulevard (Hampton Inn / Quality Inn)90 181 1.44 125.96 71 N/A 4/16/2014 Active 2/6/2017 DVA2013-03001 / HDA2014-02001 / FLD2013-03011 / FLD2014-03007 BCP2014-06256 - issued 12/17/2014 / BCP2014-07307 - issued 02/06/2015 316 Hamden Drive (Hotel B)79 118 0.82 143.90 39 11/17/2009 12/17/2009 8/12/2015 6/13/2015 DVA2009-00003 / FLD2009-08027 BCP2015-01211 issued 11-13-2015; Permit Status is Active 300 Hamden Drive (Hotel A)95 142 1.10 129.09 47 11/17/2009 12/17/2009 8/12/2015 6/13/2015 DVA2009-00002 / FLD2009-08026 BCP2015-01211 issued 11/13/2015; Permit Status is Active 521 South Gulfview Boulevard (Entrada)30 344 3.908 88.02 314 N/A 6/19/2014 6/19/2015 5/24/2015 HDA2014-04002 / FLD2013-11038 / FLD2014-06019 site plan as related to HDA214-04002 approved as part of FLD2013-11038. New site plan approval request to accommodated approved units as part of the HDA - FLD2014-06019 - approved; BCP2014-11452 issued 08/07/2015; Permit Status is Active. 650 Bay Esplanade (DeNunzio Hotel)55 102 0.95 107.37 47 6/18/2013 7/19/2013 6/23/2015 6/23/2017 DVA2013-02001 / FLS2013-02006 Per 6.1.3.2 of the DVA - The Developer shall obtain permits and commenced construction on the development within four (4) years from the effective date of this Agreement (approx 7/19/17). BCP2015-10210 - issued 12/10/2015 and is Active; BCP2016-01459 - issued 03-29-2016 and is Active. Total Number of Rooms Allocated from Reserve 463 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Notes 443 East Shore Drive (Courtyard by Marriott)71 134 1.26 106.35 63 6/19/2012 7/19/2012 9/16/2014 2/29/2015 FLD2012-03008 / DVA2012-03001 one year time extension granted - FLD2012-03008 expires 09-16-14; BCP2014- 08618 issued 08/13/2015; Permit Status is HOLD - Two Partial Passes and Two Failed inspections. 325 South Gulfview Boulevard (Parcel A)100 180 1.60 112.50 80 N/A 6/4/2014 6/4/2015 11/16/2017 HDA2013-08004 / FLD2014-12034 FLD2014-12034 approved; time extension granted 08-05-2016; BCP not submitted as of 10-14-16 353 Coronado Drive (Parcel B) (345 Coronado)96 144 0.962 149.69 48 N/A 6/19/2014 6/19/2015 4/21/2017 HDA2013-08005 / FLD2015-02005 FLD2015-02005 approved; expires April 21, 2017; BCP not submitted as of 01- 06-17 405 Coronado Drive (Parcel C)100 166 1.32 125.76 66 N/A 9/18/2014 9/18/2015 3/22/2018 HDA2013-08006 / FLD2015-05016 FLD2015-05016 time extension granted 08-12-2016; BCP not submitted as of 01-06-17 401 South Gulfview Boulevard (Alanik)9/18/2014 9/18/2015*9/18/2015*HDA2014-06004 401 South Gulfview Boulevard (Alanik) 1st Amendment 8/20/2015 9/24/2016 11/16/2017 HDA2015-06001/FLD2015-09036 40 Devon Drive (Sea Captain)66 98 0.659 148.70 32 N/A 10/15/2014 10/23/2015 4/21/2017 HDA2014-07004 / FLD2015-02006 FLD2015-02006 approved; expires April 21, 2017; BCP not submitted as of 01- 06-17 706 Bayway 15 32 0.349 91.69 17 N/A 11/20/2014 11/20/2015 11/20/2015 HDA2014-08006 / FLD2015-06025 FLD2015-06025 approved on 09-15-15; BCP2016-03372 - submitted 03-15- 2016 / BCP2015-12534 - submitted 12/29/2015; both permits in review; Both permit status is Revisions Needed. 625 South Gulfview Boulevard 69 103 0.69 149.28 64 N/A 12/4/2013 11/20/2015 12/4/2016 HDA2013-08007 The maximum amount of units allotted is 69 although as few as 39 may be used. It is possible that 30 units may be returned to the Reserve. Term. of Status for density approved October 15, 2013, see FLD2013-08025; Appears that the terms of approval for the FLD have been met but the FLD application for the site plan associated with the HDA has not been submitted. 630 South Gulfview Boulevard (Captain Bligh)100 159 1.19 133.61 60 N/A 11/20/2014 11/20/2015 6/4/2017 HDA2014-08007 / FLD2015-02004 FLD2015-02004 approved; Time extenstion ganted on 09-20-16; BCP not submitted as of 01-06-17 691 S. Gulfview Boulevard (the Views)92 202 1.35 149.97 67 N/A 10/16/2013 12/17/2015 12/17/2017 HDA2013-08001 / FLD2013-08028 FLD2013-08028 approved; expires December 17, 2017; BCP not submitted as of 01-06-17 715 South Gulfview Boulevard 93 208 2.313 89.93 115.65 N/A 2/20/2014 2/20/2015 5/17/2018 HDA2013-12008 / FLD2014-11031 FLD2014-11031 approved; time extension granted 08-12-2016; BCP not submitted as of 01-06-17 Total Number of Rooms Allocated from Reserve 902 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Notes FLD2015-09036; time extension granted 08-12-2016 permits not submitted as of 10-14-16 * The applicant changed the site plan amending the Dev. Agrmt. resulting in a new site plan approval reqm't and Dev. Agrmt expiration dates. HOTEL DENSITY RESERVE PROJECTS - APPROVED HOTEL DENSITY RESERVE PROJECTS - PENDING HOTEL DENSITY RESERVE PROJECTS - UNDER CONSTRUCTION / CONSTRUCTED N/A98117.001.953227100 657 Bay Esplanade 10 27 0.35 77.14 17.5 N/A 1/19/2017 1/19/2018 HDA2016-09001 pending DRC review as of 10-14-16 Total Number of Rooms Pending Allocation 10 Total Number of Rooms in Reserve 1,385 Total Number of Rooms Allocated from Reserve 1,365 Total Number of Rooms Returned to the Reserve 0 Total Number of Rooms Pending Allocation 10 Total Remaining For Allocation 10 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: DVA2016-09001A Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Continue to a date uncertain: Deny a Development Agreement between HR Tampa Bay, LLC (the developer) and the City of Clearwater for property located at 2425 and unaddressed McMullen Booth Road; and reject Resolution 17-08. (DVA2016-09001) SUMMARY: At their February 21, 2017 meeting, the Community Development Board continued the public hearing of this item to March 21, 2017. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/13/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3322 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Adopt Imagine Clearwater Waterfront/Bluff Master Plan, direct the City Manager to incorporate Imagine Clearwater into the Clearwater Downtown Redevelopment Plan, proceed with a development of a systematic plan and approach to implementation and adopt Resolution 17-13. SUMMARY: Pursuant to the scope of services for HR&A, Sasaki, Kimley -Horn, and B2 Communication, a final draft Imagine Clearwater, Waterfront /Bluff master plan has been provided and accepted . It must now be determined when and how the final plan is to be implemented. For that purpose, staff would recommend the following for City Council consideration. The creation of a master plan for the downtown waterfront area was identified as a priority project by the Urban Land Institute (ULI) Advisory Services Panel during their study of Downtown Clearwater in June, 2014. Over the course of six months, the City engaged hundreds of Clearwater residents, business owners and other stakeholders who shared their broad visions and specific design and programming ideas for their future waterfront. In addition, the City’s consultant team conducted over 40 interviews with local stakeholders, including developers, real estate brokers, small business owners, and Downtown property owner. A group of 18 Clearwater residents active in resident affairs, the local business community, local institutions and community organizations served as a stakeholder committee to provide a sounding board and reflection on the publicly generated plan. Four key strategies underpin the recommendation of Imagine Clearwater: the waterfront must be anchored by a dynamic new open space; Coachman Park needs an active edge; an improved Osceola should complement Cleveland Street; and access to the site should incorporate all modes. Also, an Action Plan provides a series of strategic implementation recommendations to serve as a starting point for the City and its partners to refine and advance. It is possible that the plan can be accomplished with community support by way of three referendums to provide for various approvals needed for public use and park activation with active edge mixed uses and development opportunities. Also, a special act of the legislature is needed to accommodate the performance area green, final pavilion location, and activities, which are proposed as part of the reconfiguration and expansion of Coachman Park. In the short term, various programming, as well as design and implementation for various improvements previously authorized by the public through successful referendums may occur. For these and other reasons, it is recommended that City Council adopt the proposed Page 1 City of Clearwater Printed on 3/13/2017 File Number: ID#17-3322 resolution authorizing and directing the administration to proceed with development of a specific implementation plan. Page 2 City of Clearwater Printed on 3/13/2017 Resolution No. 17-13 RESOLUTION NO. 17-13 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AFFIRMING THE APPROVAL OF IMAGINE CLEARWATER A COMMUNITY VISION FOR THE DOWNTOWN CLEARWATER WATERFRONT AND DIRECTING CITY STAFF TO INCORPORATE THE PLAN INTO THE CLEARWATER DOWNTOWN REDEVELOPMENT PLAN AND PROCEED WITH PLAN IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater’s downtown waterfront is a beloved civic asset; and WHEREAS, the creation of a master plan for the downtown waterfront area was identified as a priority project by the Urban Land Institute (ULI) Advisory Services Panel during their study of Downtown Clearwater in June, 2014; and WHEREAS, the City issued RFP #04-16 for consulting services to prepare a master plan for the Downtown waterfront/bluff area; and WHEREAS, on April 21, 2016 the Clearwater City Council awarded a contract for professional services pursuant to RFP #04-16 to hire HR & A Advisor, Inc. for the Downtown waterfront master plan; and WHEREAS, over the course of six months, the City engaged hundreds of Clearwater residents, business owners and other stakeholders who shared their broad visions and specific design and programming ideas for their future waterfront; and WHEREAS, the City’s consultant team conducted over 40 interviews with local stakeholders, including developers, real estate brokers, small business owners, and Downtown property owners; and WHEREAS, the City hosted seven interactive community workshops in various Clearwater neighborhoods to share progress on Imagine Clearwater and allow members of the community to engage directly with the planning and design team on specific elements of the plan including: a vision for the waterfront and bluff; the character of various places throughout the study area; the role of waterfront recreation, parks and open space, and economic development opportunity within the overall vision; and WHEREAS, the City convened a group of 18 Clearwater residents active in resident affairs, the local business community, local institutions and community organizations to play a supporting role in the City’s robust outreach process; and WHEREAS, materials related to Imagine Clearwater were posted on a dedicated website and the City’s Facebook page; and Resolution No. 17-132 WHEREAS, community members were invited to call and email the City to provide direct verbal feedback and engage with elements of the plan as it was formed; and WHEREAS, the goal of the plan is to draw residents and visitors to the Downtown waterfront, catalyze greater Downtown activity and attract investment, and better connect the waterfront to the rest of Clearwater; and WHEREAS, four key strategies underpin the recommendation of Imagine Clearwater: the waterfront must be anchored by a dynamic new open space; Coachman Park needs an active edge; an improved Osceola should complement Cleveland Street; and access to the site should incorporate all modes; and WHEREAS, in order to realize the community’s vision for Imagine Clearwater, an Action Plan provides a series of strategic implementation recommendations to serve as a starting point for the City and its partners to refine and advance; and WHEREAS, City Council held a special meeting on February 21, 2017 to discuss Imagine Clearwater; and WHEREAS, City Council received significant public support for the adoption and implementation of Imagine Clearwater at the February 21, 2017 special meeting; and WHEREAS, Clearwater has a once in a lifetime opportunity to develop a transformative vision for its downtown waterfront; WHEREAS, City Council unanimously voted to adopt Imagine Clearwater at the February 21, 2017 special meeting; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council affirms its approval of Imagine Clearwater A Community Vision for the Downtown Clearwater Waterfront and directs the City Manager to integrate the plan into the Clearwater Downtown Redevelopment Plan and proceed with plan implementation. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2017. __________________________ George N. Cretekos Mayor Resolution No. 17-133 Approved as to form: Attest: __________________________________________________ Camilo Soto Rosemarie Call Assistant City Attorney City Clerk GROVEHIGHLANDMISSOURIHILLCRESTSAN REMOFRANKLINLAURAGU LF-TO-BAY MADISONMARTIN LUTHER KING, JR.CLEVELANDLINCOLNGROVEMADISONMISSOURIFRANKLINLAURALINCOLNFRANKLINCLEVELANDLINCOLN1001001001001001001000100100100100100100100100010010010010010010010010010010010010010010010010010010010010010010010010010010010010010010010044.809151001 inch = 200 feetÜTax Exempt percentage:Tax Exempt percentage:Current assessed value of all parcels:Current taxable value of all parcels:$128,700,548$97,238,95851.24%All parcels in Expanded CRA:Tax exempt parcels in Expanded CRA:Current assessed value of parcels:Current taxable value of parcels:$37,935,073$6,473,48382.94%Expanded CRAOwnership vs. Tax ExemptionsExpanded CRA OwnersInstitutionalCity of ClearwaterExpanded CRA BoundaryOutside CRA Area GROVEHIGHLANDMISSOURIHILLCRESTSAN REMOFRANKLINLAURAGU LF-TO-BAY MADISONMARTIN LUTHER KING, JR.CLEVELANDLINCOLNGROVEMADISONMISSOURIFRANKLINLAURALINCOLNFRANKLINCLEVELANDLINCOLN1 inch = 200 feetÜTax Exempt percentage:Tax Exempt percentage:Current assessed value of all parcels:Current taxable value of all parcels:$128,700,548$97,238,95851.24%All parcels in Expanded CRA:Tax exempt parcels in Expanded CRA:Current assessed value of parcels:Current taxable value of parcels:$37,935,073$6,473,48382.94%Vacant parcels in Expanded CRA:Number of vacant parcels:Current assessed value of parcels:277$7,421,836Expanded CRAParcel OwnershipExpanded CRA OwnersInstitutionalCity of ClearwaterExpanded CRA BoundaryOutside CRA Area GROVEHIGHLANDMISSOURIHILLCRESTSAN REMOFRANKLINLAURAGU LF-TO-BAY MADISONMARTIN LUTHER KING, JR.CLEVELANDLINCOLNGROVEMADISONMISSOURIFRANKLINLAURALINCOLNFRANKLINCLEVELANDLINCOLN1 inch = 200 feetÜExpanded CRAPercentage of Tax ExemptionsPercentage of Exemptions0 - 1011 - 2021 - 3031 - 4041 - 5051 - 6061 - 7071 - 8081 - 9091 - 100OwnershipInstitutionalExpanded CRA BoundaryOutside CRA AreaTax Exempt percentage:Tax Exempt percentage:Current assessed value of all parcels:Current taxable value of all parcels:$128,700,548$97,238,95851.24%All parcels in Expanded CRA:Tax exempt parcels in Expanded CRA:Current assessed value of parcels:Current taxable value of parcels:$37,935,073$6,473,48382.94% DREWCOURTCLEVELANDMYRTLEPIERCECHESTNUTMISSOURIPARKOSCEOLAFORT HARRISONMARTIN LUTHER KING, JR.CLEVELANDPARKMISSOURIPIERCEPIERCEPARKOSCEOLA0081.8010010051.310000000100001000100001001000010010099.96000379.09994201001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001001 inch = 225 feetÜOriginal CRAOwnership vs. Tax ExemptionsOwnershipChurch of ScientologyOther Churches, Other Tax ExemptCity of ClearwaterPinellas CountyOriginal CRA BoundaryOutside CRA AreaCity-owned Parcels:Total assessed value:Taxable value:Taxable percentage:Exempt percentage:$87,402,780$00%100%County-owned Parcels:Total assessed value:Taxable value:Taxable percentage:Exempt percentage:$70,458,521$00%100%Tax Exempt Parcels (not including City or County owned):Total assessed value:Taxable value:Taxable percentage:Exempt percentage:$176,922,165$41,221,11823.3%76.7% DREWCOURTCLEVELANDMYRTLEPIERCECHESTNUTMISSOURIPARKOSCEOLAFORT HARRISONMARTIN LUTHER KING, JR.CLEVELANDPARKMISSOURIPIERCEPIERCEPARKOSCEOLA1 inch = 225 feetÜCity-owned Parcels:Total assessed value:Taxable value:Taxable percentage:Exempt percentage:$87,402,780$00%100%County-owned Parcels:Total assessed value:Taxable value:Taxable percentage:Exempt percentage:$70,458,521$00%100%Tax Exempt Parcels (not including City or County owned):Total assessed value:Taxable value:Taxable percentage:Exempt percentage:$176,922,165$41,221,11823.3%76.7%Original CRAParcel OwnershipOwnershipInstitutionalCity of ClearwaterPinellas CountyOriginal CRA BoundaryOutside CRA Area DREWCOURTCLEVELANDMYRTLEPIERCECHESTNUTMISSOURIPARKOSCEOLAFORT HARRISONMARTIN LUTHER KING, JR.CLEVELANDPARKMISSOURIPIERCEPIERCEPARKOSCEOLA1 inch = 225 feetÜOriginal CRAPercentage of Tax ExemptionsPercentage of Tax Exemption0 - 1011 - 2021 - 3031 - 4041 - 5051 - 6061 - 7071 - 8081 - 9091 - 100OwnershipInstitutionalOriginal CRA BoundaryOutside CRA Area0 %0.24%16.4%17.9%22.5%24.3%24.9%25.4%25.6%25.8%26.4%26.5%26.6%26.7%26.9%29.4%29.9%30.0%30.4%30.8%31.2%31.4%32.5%33.9%35.6%36.8%Pierce 100 Condominiums havetax exempt percentages of:37.3%37.5%39.6%40.5%41.6%64.6%100%Water's Edge Condominiums havetax exempt percentages of:0 %1.7%5.5%6.8%6.9%7.4%7.5%7.9%8.9%9.2%9.3%9.6%9.7%9.8%9.9%10.1%10.2%10.3%10.5%10.6%10.9%11.6%11.7%11.8%12.4%13.0%13.2%13.3%13.5%13.6%13.7%13.9%14.4%14.5%14.9%15.1%15.2%15.3%15.5%15.6%15.8%16.1%16.4%16.5%16.%17.0%17.2%17.4%17.6%18.4%18.9%19.1%19.2%21.9%22.0%22.3%27.5%33.7%34.2%100%Station Square Condominiums havetax exempt percentages of:0 %15.7%18.3%20.1%20.2%23.1%25.2%25.5%25.9%26.2%29.4%30.1%30.9%31.6%33.9%34.3%34.4%35.5%35.9%36.2%36.4%36.5%37.0%38.3%40.2%42.7%44.7%64.8%100% Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3289 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Award Invitation to Bid Number 01-17 to Pace Analytical Services LLC (Pace) in the annual amount of $200,000.00 and Advanced Environmental Laboratory Inc. (AEL) in the annual amount of $100,000.00 (primary and secondary vendors, respectively), for the purchase of the Laboratory Services, with the option for two, one-year term renewals and authorize the appropriate officials to execute same. (consent) SUMMARY: Laboratory services are used by the Public Utilities Departments for water treatment, wastewater treatment, water distribution, wastewater collection systems and the Industrial Pretreatment program when the City Laboratory cannot be used due to analysis required during off hours, analysis required that the City Lab is not currently certified to perform and to volume of testing required. In response to the Invitation to Bid (ITB) Number 01-17, two bids were received on Thursday, January 12, 2017. Pace Analytical Services LLC represented the lowest responsible bidder. A secondary award is recommended for situations when the primary vendor’s ability to respond for sensitive samplings may be delayed, as well as to provide for the ability to obtain confirmation samplings or split sample analyses. The bid tabulation summarizes over 700 lines from the bid pricing form representing the myriad laboratory tests that could be required by the City. The initial annual award term will be April 1, 2017, through March 31, 2018. APPROPRIATION CODE AND AMOUNT: FY 16/17 APPROPRIATION CODE Amount Primary (Pace)Amount Secondary (AEL) 0421-01351-530300-535-000-0000 $60,000 $30,000 0421-01353-530300-535-000-0000 $ 9,000 $ 4,500 0421-02051-530300-533-000-0000 $ 2,000 $ 1,000 0421-02053-530300-533-000-0000 $29,000 $14,500 Total $100,000 $50,000 FY 17/18 APPROPRIATION CODE Amount Primary (Pace)Amount Secondary (AEL) 0421-01351-530300-535-000-0000 $60,000 $30,000 0421-01353-530300-535-000-0000 $ 9,000 $ 4,500 0421-02051-530300-533-000-0000 $ 2,000 $ 1,000 Page 1 City of Clearwater Printed on 3/13/2017 File Number: ID#17-3289 0421-02053-530300-533-000-0000 $29,000 $14,500 Total $100,000 $50,000 Sufficient funding is available in the Water & Sewer Utility Fund operating cost centers noted above in the amount of $100,000.00 (Primary) and $50,000 (Secondary) to fund the current fiscal year’s cost of the contracts. The funding for the remaining balance of $100,000.00 (Primary) and $50,000 (Secondary) will be included in the Water and Sewer recommended operating budget from the Director. Page 2 City of Clearwater Printed on 3/13/2017 CITY OF CLEARWATER ITB # 01-17, Laboratory Services DUE DATE: January 12, 2017; 10:00 AM BID TABULATION Group No Description Advanced Environmental Laboratories Inc Pace Analytical Services LLC Total Price Total Price 1 Water Reclamation Facilities $153,466.00 $ 126,095.00 2 Drinking Water - DEP and SWFWMD Sampling WTP & RO WTP Discharge $24,253.00 $ 22,895.00 3 Industrial Pretreatment $227,176.00 $ 157,865.00 4 Priced by Group $29,279.00 $ 30,587.50 5 Courier and Sample Collection $15,975.00 $ 18,925.00 $450,149.00 $ 356,367.50 No.Description Advanced Environmental Laboratories Inc Pace Analytical Services LLC $50.00 $95.00 per hour per hour $75.00 $75.00 per hour (Mon-Fri) Normal Hours per hour (Mon-Fri) Normal Hours $150.00 $130.00 per hour (after hrs, weekends, holidays)per hour (after hrs, weekends, holidays) 100.00%75.00% In add. To line item cost In add. To line item cost $25.00 $150.00 per sample per sample $750.00 $600.00 per event per event $1,920.00 $1,800.00 per event per eventWhole effluent toxicity testing TOTAL: Additional Items - NOT BASIS FOR AWARD 1 Training for field sample collection, preservation, and documentation 4 Rush Rates 5 Total & Fecal Coliforms for water breaks and/or sanitary sewer overflows (AFTER NORMAL BUSINESS HOURS) Training for field sample collection, preservation, and documentation2 Training for field sample collection, preservation, and documentation3 6 Giardia & Cryptosporidium Analysis 7 Page 1 of 1 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3233 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve a contract (purchase order) to DataRemote Inc. of Miami, FL in the annual amount of $475,000, for GPS/RFID Technology Services for a five-year term, with a five-year renewal term at the City’s discretion, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City provides a multitude of public services including Utility Services, Recreational Services, Engineering Services, Planning and Development Services, and Public Safety Services. To support daily operations, the City employs a fleet of over 1,000 vehicles. DataRemote Inc. will provide the City with a GPS/Fleet Management/Fuel Management Solution to improve the efficiency and accountability of the City’s vehicle fleet and fuel management. In June of 2016 the City put out a Request for Proposals (RFP) 38-16 GPS/Fleet Management Solution intended to improve the efficiency and accountability of the City’s vehicle fleet. We received eight qualified responses. Each respondent was evaluated and ranked by the City’s seven member panel evaluation committee to include the Purchasing Manager. Presentations/ Interviews were conducted and DataRemote Inc. was selected and awarded the contract. The goal of this multiyear contract, between the City of Clearwater and the Managed Service Provider (MSP) is to improve the efficiency and longevity of the City’s vehicle fleet, while reducing the administrative burden on city staff. Accomplishing these goals will require both hardware and software improvements to the City’s current fueling system and fleet management system, which will be provided by DataRemote under the MSP contract. The first improvement will incorporate RFID technology into the City’s fuel management system to ensure proper vehicle identification, enable the transfer of vital vehicle health information, and manage fuel slippage. The next improvement is aimed at identifying drivers of pool vehicles which will assist managers in monitoring employee driving habits. Solid Waste will benefit from improved routing, RFID recycling production monitoring, and electronic DOT inspections that can be immediately relayed to Fleet Maintenance. This is a 5-year agreement with an annual amount of $475,000.00 for a total $2,375,000.00. This is a 5-year agreement with an option for a 5-year renewal term at the City’s discretion. Page 1 City of Clearwater Printed on 3/13/2017 File Number: ID#17-3233 APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 315-94246, Fleet Management and Mapping, to fund this contract for the remainder of the fiscal year. Future year funding will be budgeted across all user departments as part of fleet charges. Page 2 City of Clearwater Printed on 3/13/2017 Part Number Product CW Hardware Price 3 RFID Badge Reader $235.20 4 RFID Trash Bins $1,560.00 5 MDT-7 $358.80 6 MDT BYOD $0.00 7 LMU-4230 $99.99 8 CalAmp Vanguard $599.00 9 LMU-2630 w / power harness $69.68 10 Splice-in, 3-Wire Starter Disable Kit, with Relay $16.25 11 Connectorized Accessory Harness, LMU-4200 $6.60 12 iButton Reader and Cable Assy $16.50 13 Buzzer and Cable Assy, 2 ft $15.93 14 jPOD to J1939, Y Pass-through cable, 5 meters $37.20 15 VPOD2vPod2, Ext OBDII Dongle (for 26xx/27xx/42xx)$33.00 17 Installation $125.00 18 Fuel Point integration $5,500.00 19 Maintenance $0.00 Parts Used With iButton HW and Install 4,5,8,10,11,12,13,15,17 Vehicles with GPS, MDT, 2 RFID, and Fuel (Trash Truck)$2,731.08 5,8,10,11,12,13,15,17 Vehicles with GPS, MDT, iButton, and Fuel $1,171.08 9,10,12,13,15,17 Vehicles with GPS, iButton, and Fuel $276.36 9,10,13,15,17 Vehicles with Fuel only $259.86 Fuel Point integration $5,500.00 Any other costs not listed above.$0.00 CW Monthly Price Per Unit $2.50 $5.00 $5.00 $5.00 $13.00 $47.00 $13.00 $2.50 $3.00 $5.00 HW, Install & Warranty Monthly with Financing Monthly Service Total Monthly Price Number of Units $3,823.51 $81.24 $67.50 $148.74 5 $1,639.51 $34.83 $62.50 $97.33 85 $386.90 $8.22 $22.00 $30.22 500 $363.80 $7.73 $19.50 $27.23 500 Total Monthly Yearly $743.70 $8,924.40 $8,273.05 $99,276.60 $15,110.00 $181,320.00 $13,615.00 $163,380.00 $37,741.75 $452,901.00 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3315 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Authorize a purchase order (contract) to Harris Corporation of Lynchburg, VA, in the annual amount of $280,000 for support and maintenance of the City of Clearwater Radio System, in accordance with the 20-year Maintenance Agreement approved by Council on June 20, 2002 and authorize the appropriate officials to execute same. (consent) SUMMARY: On June 20, 2002, Council approved a 20-year public/private partnership contract with Harris Corporation (Harris) for maintenance of the Clearwater Radio System, including two towers and related facilities. The contract calls for quarterly payments, adjusted annually to reflect current usage, performance, and changes in the Consumer Price Index (CPI) through the contract term, ending September 20, 2022. Per contract terms Harris manages leased space on the two towers and revenue due to the City is deducted from the quarterly payment. In the most recent five years, revenues have averaged $5,000 per quarter. The term of this Service Agreement may be extended by one additional term of five years beyond the Initial Term on such terms and conditions to which the Parties mutually agree. APPROPRIATION CODE AND AMOUNT: 566-06620-530300-519-000 These funds are available in the operating expense of Garage Services Fund as budgeted each Fiscal Year Page 1 City of Clearwater Printed on 3/13/2017 Public- Private Partnership CITY OF CLEARWATER, FLORIDA April 2002 SCHEDULE A STATEMENT OF WORK OVERVIEW This project is divided into three phases. Phase 1, Transition, is the controlled transition of management of this system from the CITY OF CLEARWATER to MIA-COM. Phase 2, MIA-COM Management and Maintenance, is the daily management and maintenance of the system with the CITY OF CLEARWATER as the only user of the system. Phase 3, Marketing of Tower Space, covers the sales, marketing, and engineering necessary to add additional users onto the towers. PHASE 1: TRANSITION To ensure a smooth and timely transition between CITY OF CLEARW ATER managing the 800 MHz trunked radio system to MIA-COM managing and maintaining the system, a detailed plan must be drafted, agreed upon, and implemented. Phase 1 covers the following: 1. Forming of a Transition Team consisting of personnel from CITY OF CLEARWATER and MIA-COM. 2. Preparing a Transition Plan that addresses the method and schedule by which the management of the system will be transitioned from CITY OF CLEARWATER to MIA-COM. 3. Documenting the processes and preparing the policies and procedures that MIA-COM will follow In their management and maintenance of the system. 4. Training personnel and implementing the MIA-COM procedures. 5. Evaluating the effectiveness of the Transition Phase to ensure a seamless transfer between processes. 6. Agreeing on moving from the Transition Phase to the MIA-COM Management and Maintenance Phase. Responsibilities - MIA-COM During the Transition Phase, MIA-COM has the following responsibilities: 1. Assign qualified personnel to the Transition Team. 2. Develop the Transition Plan. 3. Develop a thorough understanding of CITY OF CLEARWATER'S existing processes. Company Proprietary and Confidential 1:qCD Electronics ~Qltt Statement of Work Page 1 Public-Private Partnership CITY OF CLEARWATER, FLORIDA April 2002 Responsibilities - CITY OF CLEARWATER During the MIA-COM Management and Maintenance Phase, CITY OF CLEARWATER has the following responsibilities: 1. Communicate problems discovered with the system by using the procedures and policies that are implemented. 2. Own and maintain the frequencies currently licensed for the system. 3. Pay an access fee to MIA-COM for the management of the system. 4. Provide MIA-COM reasonable access to all sites, buildings, and structures associated with the system in accord with ~ 4.7 of the Service Agreement. PHASE 3: MARKETING OF TOWER SPACE Phase 3 consists of the marketing of tower space to third parties. This phase will run concurrently with Phase 2, MIA-COM Management and Maintenance. This phase consists of the following: 1. MIA-COM continuing to manage and maintain the system to provide the agreed upon grade of service to CITY OF CLEARWATER 2. MIA-COM performing the sales, marketing, and engineering services necessary to add new Third-Party Tower Tenants onto the towers, provided the CITY OF CLEARWATER'S grade of service is not effected. 3. MIA-COM providing equipment necessary to ensure the agreed upon grade of service is provided to CITY OF CLEARWATER. 4. MIA-COM implementing procedures and policies for billing, revenue sharing, service, maintenance, and problem resolution associated with the addition of other users. Responsibilities - MIA-COM During this Phase MIA-COM has the following responsibilities: 1. Develop the proposals required to add users to the towers. 2. Prepare the procedures and policies required for billing, revenue sharing, service, and problem resolution associated with the addition of other users on the towers. Responsibilities - CITY OF CLEARWATER During this Phase CITY OF CLEARWATER has the following responsibilities: 1. Approve and concur to the terms of the agreement. Company Proprietary and Confidential 1:qCD / Electronics ~Qltt Statement of Work Page 3 Public-Private Partnership CITY OF CLEARWATER, FLORIDA April 2002 SYSTEM DESCRIPTION DETAILED RADIO SYSTEM INFRASTRUCTURE The CITY OF CLEARW A TER currently owns and operates an eleven channel 800 MHz MIA-COM, Enhanced Digital Access System (EDACS@). The system includes a main site with a 300-foot tower, building, and generator located on Missouri Ave. as well as a full backup site that includes a 300-foot tower, building and generator. These two sites are connected via a city- owned 2 GHz microwave system. A receiver voting system is in place that votes the best audio from the main site, backup site, and two additional receiver sites. The main dispatch center and system manager terminal are located within the Police Department headquarters. The 6ghz Microwave Radio System is County owned and the County shall continue to own and be responsible for all required on-going maintenance. Maintenance responsibility for the 2ghz Microwave System shall reside with MIA-COM. The following are the elements, which comprise the Communications System as defined in the Service Agreement. The following two tower sites in the Communications System to which MIA-COM shall be given free and unfettered access will be licensed to MIA-COM by the CITY OF CLEARWATER for consideration and transfer of user gear and system enhancements as defined in the Service Agreement. Main Site: Missouri Ave (FDOT property) 27 56 42 8247 13 66 ft AMSL 300 ft SSV tower North Site (backup site): Water Treatment Plant 28 01 56 82 42 17 35ft AMSL 300 ft SSV tower Free and unfettered access to and use of the following elements of the Communications System shall be granted to MIA-COM. Company Proprietary and 1:qCD / Electronics M~AA Confidential '~ ~~ r I Statement of Work Page 4 Public-Private Partnership CITY OF CLEARWATER, FLORIDA Q!I Description April 2002 Main Site: 10 Mastr II RF Channels 1 Mastr ill RF Channel 1 Multicoupler 1 Tower Pre Amp 11 Voter System 1 Site Controller 4 Multiplexer Shelves 1 Harris 2ghz Microwave Radio System 3 Interconnected RF Channels 1 Lot of Antennas & cable WPC North: 10 Mastr II RF Channels 1 Mastr ill RF Channel 1 Site Controller 1 Tower Pre Amp 3 Multiplexer Shelves 1 Harris 2ghz Microwave Radio System 1 CC Monitor 1 TX / RX Biamplifier 1 Lot of Antennas & Cable Tarpon Sprine;s: 11 Satellite Receivers 1 CC Monitor Tovtown: 11 Satellite Receivers 1 CC Monitor Police Dispatch. Clearwater Gas. Radio Shop: 1 System Manager 1 CEC Switch (includes UplinklDownlink 9 C3 Maestro Consoles 3 C3 Maestro Consoles (remote) 1 CEC Manager 1 Database Management 1 Multiplexer Shelf 10 DVIU Company Proprietary and Confidential 1:qCD Electronics ~Statement of Work Page 5 Public-Private Partnership CITY OF CLEARWATER, FLORIDA April 2002 TRANSITION PLAN Schedule A, Statement of Work, identifies three phases. The first phase, Transition, is the controlled transition of managing the Communications System from CITY OF CLEARWATER to MIA-COM. The Transition Plan will be jointly developed by a Transition Team consisting of qualified individuals from both MIA-COM and CITY OF CLEARWATER. The plan will be drafted, approved, and implemented to ensure that a smooth, seamless transition occurs. The steps required to develop and implement the Transition Plan are: 1. Forming of a Transition Team consisting of personnel from CITY OF CLEARWATER and MIA-COM. 2. Preparing a Transition Plan that addresses the method and schedule by which the management of the Communications System will be transitioned from CITY OF CLEARWATER to MIA-COM. 3. Documenting the processes and preparing the policies and procedures that MIA-COM will follow in their management and maintenance of the system. 4. Evaluating the effectiveness of the Transition Phase to ensure a seamless transfer between processes. 5. Agreeing on moving from the Transition Phase to the MIA-COM Management and Maintenance Phase. 6. Agreeing on a specific, mutually acceptable schedule for backbone and hardware replacements and upgrades pursuant to Section 3.7 of the Service Agreement. The attributes of the Transition Plan to be developed by the Transition Team are: 1. Preventive and corrective maintenance plans. 2. Trouble ticket processing. 3. Emergency response procedures. 4. Level of spares to be maintained. 5. Problem communication and resolution processes. 6. Radio programming and talk group allocation. 7. Organizational structure. 8. Prioritizing resource allocations. 9. Training requirements. Company Proprietary and ConfuJential 1:qCD Electronics ~Statement of Work Page 7 Public-Private Partnership CITY OF CLEARWATER, FLORIDA April 2002 MAINTENANCE PLAN OVERVIEW The CITY OF CLEARWATER Communications System is currently maintained by Communications International Inc. During the Transition Phase, MIA-COM and CITY OF CLEARWATER, using this existing Service Contract, will jointly develop the Maintenance Plan that will describe the method by which MIA-COM will assure Communication System availability in full compliance with the Service Agreement. The Maintenance Plan will cover both MIA-COM and CITY OF CLEARWATER responsibilities as applicable. It will encompass on- site support, MIA-COM depot repair, and 24x7x365 technical assistance. This plan will be implemented by MIA-COM personneL Although the final Maintenance Plan will be jointly developed and approved by MIA-COM and CITY OF CLEARWATER, the following paragraphs outline what is expected to be included in the plan. SYSTEM INFRASTRUCTUREIFIXED EQUIPMENT MAINTENANCE Trained EDACS technicians will be assigned to monitor and maintain the EDACS system during normal working hours. They will provide 24x7x365 support for system failures and malfunctions. Additionally, during normal working hours, they will monitor system operation-when not performing preventive or remedial maintenance activities. All problem resolution activity will be tracked using a work ticket tracking database provided by MfA-COM at no expense to the CITY OF CLEARWATER. Upon resolution, before the work ticket is closed, all pertinent information associated with the event will be recorded in the database. Field technicians will be provided with the necessary service vehicle, test equipment, and tools by MIA-COM. Additionally, all required material, repair parts, transportation, and shipping required to maintain the Communications System will be provided by MIA-COM. MIA-COM will supply all parts, labor and software needed to perform maintenance on the towers, and Communications System, at no charge to the CITY OF CLEARWATER. This maintenance plan is designed to meet an on-site response time of two hours from notification for critical system communication failures and six hours from notification for Communications System restoration time. A critical system communication failure is defined as a failure resulting in loss of communication ability such as a site off the air, a dispatch console failure at a location with no backup console, IMC failure, inability of the system to trunk calls, a site link failure, 50% or more failed repeaters at an EDACS trunked Company Proprietary and Confidential 1:qCD / Electronics ~Statement of Work Page 8 Public-Private Partnership CITY OF CLEARWATER, FLORIl)A April 2002 1. Physical Site Site environmental inspection. HV AC operation. Cleaning of floors, air filters, and exposed equipment. Visual inspection of physical shelter. Fencing, grounding resistance, ground level tower visual. Paint, lighting, and heliax cable visual from ground level. UPS operation (where installed) battery condition. Generator oil, fuel, and transfer switch (load) test. If applicable 2. RF System Critical Measurement Antenna system (system analyzer printout). Individual RF station specification test. Clean cabinet air filters, cabinets, and equipment. 3. Mux Equipment Multiplex equipment operation verification. 4. Dispatch Hardware Console position CRT's, keyboards, mouse. Hardware inspection and technical cleaning of console positions. Headset jacks. Speakers. Logging recorder operation. Alarm system verification. DISASTER EMERGENCY RESPONSE Upon notification by CITY OF CLEARWATER of the potential for severe weather or natural disasters, MIA-COM will implement a pre-disaster preparedness plan. MIA-COM will inspect all sites for access and integrity. This will include ensuring all generator fuel tanks are full, shelters are secure, antenna cables are properly mounted, and site access is clear. Service technicians will be alerted and put on stand-by for dispatching to pre-assigned locations mutually agreed to by CITY OF CLEARWATER and MIA-COM. Company Proprietary and Confidential 1:qCD Electronics ~Statement of Work Page 10 Public- Private Partnership CITY OF CLEARWATER, FLORIDA April 2002 DETERMINATION OF SERVICE LEVELS MIA-COM agrees to maintain the CITY OF CLEARWATER existing or subsequently upgraded Communications System for the duration of this Service Agreement subject to the following assumptions and conditions. 1. Assessment of Existing CITY OF CLEARWATER Coverage MIA-COM will, upon signing the Service Agreement, begin to assess the eXIstmg coverage provided by each site in the CITY OF CLEARW A TER Communications System. MIA-COM will visit each radio site and perform an audit to verify that the Existing System equipment is operating properly. The audits will verify transmit and receive antenna subsystem configurations, antenna and cable installations, and power into the antenna. Corrective actions will be made as necessary to bring the equipment up to FCC license requirements at each site. MIA-COM will then use industry standard Wireless Measurement System (WMS) equipment manufactured by Grayson Electronics to measure talk -out (base station to mobile field unit) coverage. The WMS equipment measures the received signal strength from each radio site and provides an accurate, statistically valid, objective, and repeatable method to assess coverage. A drive route will be developed and WMS measurements made at a statistically significant number of locations within the service area of each site. The WMS measurement data will be analyzed and plotted on a map to show areas where tqere was sufficient signal lev.el to support a Delivered Audio Quality of 3.0 (DAQ3.0) for mobile analog voice operations. DAQ3.0 is defined in Telecommunications Industry Association (TIA) Telecommunications System Bulletin TSB88-A and is equivalent to the Circuit Merit 3 analog voice quality provided by the Existing System. Sections of the drive route that are plotted as "black" represent areas where the measured receive signal levels equal or exceed -110 dBm required for DAQ3.0 voice quality. Sections plotted as red" represent areas where measured signal levels are less than -110 dBm. This does not mean that there is no coverage in the "red" areas, rather it indicates areas with less than DAQ3.0 voice quality and multiple repeats may be required. Furthermore, the measurement data and its representation on a map does not guarantee coverage at a specific point location, but rather, due of the probabilistic nature of RF propagation, represents expected coverage in an area. Upon execution of this agreement MIA-COM shall take measured mobile talk-out signal strength data for each site and will depict the results on maps provided as Exhibits in an Addendum to this Service Agreement, hereafter referred to as the baseline coverage. 2. Coverage Prediction Maps Company Proprietary and Confidential 1:QCD Electronics ~Statement of Work Page 11 Public- Private Partnership CITY OF CLEARWATER, FLORIDA April 2002 MIA-COM will also provide coverage prediction maps of expected coverage from the Existing System. The maps, both individual site maps and composite CITY OF CLEARWATER system-wide coverage maps will be based upon information obtained during the audit of each site. These coverage maps also assume the land use (agricultural, open land, residential, urban, industrial, etc) as indicated in the current USGS Land Use Land Clutter (LULC) database, and absence of towers, buildings or other obstructions that will impact RF propagation near the site or at specific locations throughout the coverage service area of a site. The coverage prediction maps will be provided as Exhibits in an Addendum to this Service Agreement as reference information only, and indicate where mobile and portable outdoor coverage is expected, both talk-out (base station to field unit) and talk-back (field unit to base station). 3. Coverage Maintenance - Reportin.e: and Corrective Action Process MIA-COM will, as described in the maintenance plan of Schedule A, continue to utilize the Communications International center located in Tampa Fl. If CITY OF CLEARWATER users experience coverage problems they will forward them as "trouble reports" to the CII. Trouble reports will include: (1) the name of the person submitting the report, (2) the location of the coverage problem (i.e. at the intersection of 5th Ave and Main St, or in the southern section of the Pleasant Valley subdivision); and (3) the type of problem, whether mobile or portable operations, and problem description (i.e. can hear dispatcher but dispatcher cannot hear me, or communication is spotty and requires multiple repetitions, or can no longer communicate from this area). MIA-COM will establish a database that will be used to track these reported coverage problems and identify trends, both in location and type. A trend analysis will be used to determine if further analysis or corrective actions are required. Multiple trouble reports received in a short period of time for problems in the same location or area, or for the same type of problem over a larger area may indicate an immediate response is necessary. Occasional trouble reports received over an extended period will be analyzed to identify potential field unit problems, operational problems, subtle changes in coverage propagation assumptions, or whether or not the problems are simply due to the probabilistic nature of RF propagation. MIA-COM responses to coverage problems can, dependent on the trend analysis, include: a) Review the baseline coverage to determine if coverage was or was not provided by the Existing System. b) Visit the problem radio site and perform an audit to verify that the radio system is operating properly. The audits will verify transmit and receive antenna subsystem configurations, antenna and cable installations, and power into the antenna. Corrective actions will be made as necessary. Company Proprietary and 1:qCD Electronics M~JLt Confidential '~ ~' W' r I Statement of Work Page 12 EXHmIT A SPECIFICA TIONS SECTION 1: SITE OF WORK: Fixed equipment maintenance shall occur at the site of the equipment installation where located in The Citv Of Clearwater. Florido. Mobile and portable equipment will be repaired at the agreed upon repair facility. w~ SECTION 2: SERVICE: ...-. ,(/~~ " f1~dJ Service shall be defined as repairs t """...., ~ ." operational failures. rein as a resuh of normal The communications equipment covered by this contract will not be limited to any brand of manufacturer's equipment. It shall cover full maintenance of all communications type equipment identified herein that is owned and purchased and listed for maintenance coverage on attached ''Exhibit B". Cll shall not be liable for costs incurred for repair and/or replacement of equipment that becomes inoperative due to negligence on the part of the user, liquid intrusion, lightning damage, user installations, user removals, and/or acts of God. Any component parts replaced because of abuse on the part of the user shall be returned to The City Of Oearwater for examinations. Cll shall not be liable for costs incurred for correcting and/or repairing backbone damage and/or data corruption caused by improper operations or failure of associated systems. Associated systems are defined as any equipment used in the operations of the 800 MHz Radio System that is not directly maintained by Cll. Cll shall not be liable for costs incurred by maintenance that is being performed on associated systems that cause damage and/or fuilure of backbone operations. s F) Costs of preventative maintenance and repair work shall include all parts, labor, and travel required. The following are not included as part of the maintenance/service contn or batteries. tower wor~ coax, installations, removals, JUt? 4 f a critical nature shall not G)Repair of a trouble COJll have work interrupted 1 tSiness day of 5:00pm SECTION 7: CONTRACT EXTENSION OR CANCELATION: This shall be a one (1) year contract with a four (4) year renewal option upon mutual consent of The Citv orQearwater and CII in writing, ninety (90) days prior to each one (1) year expiration date. If no documentation is received from The Citv Of Clearwater prior to the renewal date, the contract will automatically renew for the next one (1) year period. The basis for this extension will be the consumer price index (CPI) for all urban consumers of the Bureau of Labor Statistics most recent publication prior to contract renewal. The adjustment factor used to create price adjustments up or down for each unit price proposed is as follows: NEW CPI = ADJUSTMENT FACTOR X TOTAL OLD CPI SECTION 8: EMERGENCY SERVICES: During a natural disaster, civil disturbance, or other county declared emergency, CII will be requiredto respond within one (1) hour after notification (nature of emergency permitting) by the Emergency Management Department and in accordance with ESF directives. Cost of service will be at the fixed after hours rate. 8 SECTION 9: INVOICING: cn invoices will indicate a transaction number, person performing work, and summary of work performed. Invoices will indicate, (as available) equipment types, serial numbers, property numbers, and all charges identified. Invoices shall be submitted to The Citv Of Oearwater on a monthly basis. The Citv Of OearwaJer shall submit payment within thirty (30) days of receipt of invoices. Any disputed invoices shall be addressed in writing to CD immediately upon receipt of invoice(s) in question. SECTION 10: DEFINITION OF WORK: CII shall repair, maintain, service, and perform preventative maintenance on aU units as are listed on the "Exhibit B" as necessary and required to meet requirements of The Citv 0( Clearwater and factory specifications. For those pieces of communications equipment necessary to support public safety and ~sted on Exhibit B" as being maintained twenty-four (24) hours a day, CII guarantees a two (2) hour response time for covered equipment, from the time a request is received from authorized personnel. CII takes responsibility for diagnosing system problems and taking corrective action. CII will be a "one call" point of contact to provide all services required to support the citywide RF system CII will provide to The Citv Of Clearwater, Radio System Manager, a monthly report detailing repairs and maintenance performed on the primary system equipment over the previous thirty 30) days. CII will also provide to The Ci/v Of Clearwater Radio System Manager, a copy of the preventative maintenance schedule, which will be performed on the primary system equipment. 9 EXHIBIT B CLEARW A TER MAIN SITE Qty Description Unit Price 11 R.F. Channels 3 Telephone Interconnect 1 Site Controller 1 Tower Top PreAmp 1 Receiver MuhiCoupler 11 Voters 106.00 25.00 250.00 150.00 25.00 30.00 TOTAL CLEARW A TER BACKUP SITE Qty Description Unit Price 11 1 1 1 R.F. Channels Site Controller Tower Top PreAmp Receiver MuhiCoupler 106.00 250.00 150.00 25.00 TOTAL TARPON SATELLITE RECEIVER SITE Qty Description Unit Price 11 Satellite RX Channels 25.00 TOTAL TOY TOWN SATELLITE RECEIVER SITE Qty Description Unit Price 11 Satellite RX Channels 25.00 TOTAL 1 Extended Price 1,166.00 75.00 250.00 150.00 25.00 330.00 1,996.00 Extended Price 1,166.00 250.00 150.00 25.00 1,591.00 Extended Price 275.00 275.00 Extended Price 275.00 275.00 EXHIBIT B POLICE DEPARTMENT DISP A TCD CENTER Qty Description Unit Price 1 System Manager 1 CEC / IMC Switch 1 Database Management (Optional) 12 Maestro Consoles 10 DVIU 235.00 335.00 1,000.00 120.00 25.00 TOTAL MICROW AVE AND MULTIPLEXER Qty Description Unit Price 2 Microwave Radio 8 Tl/MUX 775.00 20.00 TOTAL Monthly Backbone Total of Above 59,107.00 Annual Backbone Total of Above 5109,284.00 2 Extended Price 235.00 335.00 1,000.00 1 ,440.00 250.00 53,260.00 Extended Price 1,550.00 160.00 51,710.00 J TO: I ~ /1/ ';;;:!. ~ '--'II City ofCle~J."17 Interdepartment Correspondence Sheet Frank Bowler. Chief Conununications Technician Earl Barrett, Real Estate Services Manager ~&---FROM: COPIES: Fred BelzeI. Controller. General Services SUBJECT: pes PrimeCo license agreement DATE:November 21. 1996 OA/~ /Yo/i~~~d- Attached is a copy of the above referenc license agreement ated April 8, 1996. and a copy of the related First Amendment To License Agreement dated October 18. 1996. The original agreement licenses three City-owned sites to PrimeCo's use; the amendment reduces the number to one site: the Northeast WPC plant. A lesson has been learned here. As you suggested. I am sending a copy to Fred Belzel for General Services administrative files. Give me a cal1'ifyou get any more "out of the blue" calls from a wireless company; or if I may be of any other assistance. ' LICENSE AGREEl\ffiNl' THIS LICENSE AGREEMENT is made and entered into this f?d- day crt ( , 199.Q.,by and between the CITY OF CLEARWA'rER, FLORIDAFlorlaMunicipalCorporation (herein, "City", or "Licensor"), and PCPRIMECO, L.P., a limited partnership pursuant to Delaware Revised Unifo!Limited Partnership Act, having its general offices at 8875 Hidden RiveParkway, suite 350, Tampa, Florida 33637 (herein, "Primeco" or "Licensee") 1. Premises: The City hereby grants to Pr imeCo and Pr imecherebyacceptsfromtheCityanonexclusivelicensetoUsenotmorethan37 square feet of land area situated within the chain link fenced boundarieenclosingeachoftheCity's two (2) existing radio communications towersandone (1) water tank now operational at the following locations: a) Communications Tower - operational upon the grounds of thcity's Northeast Water Pollution Control Plant, 3290 S.R. 580 and McMulleBoothRoad (herein, "WPC site") located at Latitude 28001'54" North an Longitude 82042'16" West, and; b) Communications Tower - operational at 1400 Young Street upothegroundsofparkpropertyunderleasebytheCityfromtheFlorid Department of Transportation by virtue of that certain 99 year lease date, January 19, 1976 and that certain Modification of Lease dated January 26 1986, all being recorded in O.R. Book 6275, Pages 1880 through 1888, in th,Public Records of Pinellas County, Florida, located at Latitude 27056'42 North, and Longitude 82047'13" West (herein, "Missouri site"), and; c) North Water Tank - operational upon the grounds of the at thl City-owned Kings Highway Recreation Center, 1751 Kings Highway (herein North Water Tank") located at Latitude 27059'09" North and Longitudl82046'43" West; Together with space on the communication towers and on the water tank balcon~ hand rail to mount Personal Communications Systems (herein "PCS") antennaE arrays as specified in Paragraph 2 below and depicted in Exhibit "A," as t< the WPC site and in Exhibit "B" as to the Missouri site, and upon the railinc of the North water tank site, as depicted in Exhibit "C", each bein~ attached hereto and by reference made a part hereof. The land areas and thE communications towers and water tank mounting spaces are referred herein a: the "Licensed Premises." Final site specific engineering plans and loac factor calculations regarding the respective sites are subject to fina: approval by authorized City officials prior to commencement of an) construction or initallation of any communications equipment by primeCo, it~ employees, agents or contractors. 2. Communications Equipment: The City hereby grants permissiortoPrimecotoinstallandoperatethefollowingdescribedPCScommunication~ equipment, building, generator and associated equipment on and within each 01 the Licensed Premises: Page 1 of 1: a) Three arrays of three antennas each (Antel Model SD~ 185090/12)~ or equiv~lent, to be installed upon each of the Cit~communicatlons towers with the centerline of mounting each arrayat115feetabovegroundlevel (A.G.L.). The exact locations ofallantennasshallbesuppliedtotheCityintheformofas- built drawings after installation. No alterations shall be made thereafter without prior written approval by the City and acceptance thereof by primeCo. b) Three arrays of three antennas each (Antel Model SDA 185090/12, or equivalent, to be installed with the antennas to be mounted on the North Water Tank balcony hand rail assembly, at 120 feet A.G.L., more or less. The exact locations of all antennas shall be supplied to the City in the form of as-built drawings after installation. No alterations shall be made thereafter without prior written approval by the City and acceptance thereof by primeCo. . c) Flexible coaxial transmission lines between antennas and PCS communications equipment which shall be anchored and installed on the respective communications towers and North Water Tank structures in accordance with good and accepted engineering practices. d) Radio communications equipment consisting of transmitters, receivers and accessories. to be installed in an equipment building located in accordance with approved final site plansidentifiedasExhibits "A", "~" and "C" attached hereto. The ground space at each site shall be 151 X 25", more or less, within the fenced enclosures at the respective sites. In this agreement, all of Primeco's equipment, buildings, panels, generators, cables, wires, antennas, and accessories are referred to collectively as Communications Equipment" or "Communications Centers." 3. Term: The primary term of .this Agreement shall be for five (5) years commencing on /l'Jft-'-t I ,199L (the "Commencement Date") and terminating' at Midnight, ~'; I 30, 200-1-, subject to extensions as set forth in Paragraph 8 below. he Commencement Date as set forth herein shall coincide and be identical with the first day of the first month in which PrimeCo intends to enter upon the Licensed Premises to commence construction of any of its Communications Centers, but in no event later than ~ days following the date of this agreement as first above written. Primeco shall provide written notice of the intended Commencement Date to the office of the City Attorney, 112 South Osceola Avenue, Clearwater, Florida 34616 not later than ten (10) business days prior to said Commencement Date. 4. Rent: During the primary term of this Agreement, as rental for the Licensed Premises, Primeco will pay the City the initial year annual sum of THIRTY SEVEN THOUSAND EIGHT HUNDRED AND---NO/ 100 I S---DOLLARS ($37,800.00), payable in a single annual installment in advance upon the Commencement Date of this agreement. The annual rental during the primary term and an~ renewal Page 2 of 13 five year term(s) will be adjusted upward by four percent (4\) annuallyeffectiveandpayableuponeachanniversaryduringtheprimarytermandanyextensionsthereof. The total initial year annual rent due hereunder iscalculatedforeachofthethreelicensedpremisesasfollows: site A - 3290 State Road 580............. ......... ...... .$12,420siteB - 1400 Y~ung S~reet............ ... ................$12,420siteC1751KlngsHlghway.........~..... ...............$12,960 TOTAL INITIAL YEAR ANImAL RENT... .... .. .. . . . .... . .. ... . .. $37,800 5. Use: Pr imeCo wi 11 use the Licensed Premises for the purpose ofconstructingandoperatingCommunicationsCentersasprovidedherein. primecowillabidebyalllocalstateandfederallawsandobtainallpermitsandlicensesnecessarytooperateitssystems. PrimeCo shall use the LicensedPremisesfornootherpurposeswithoutthepriorwrittenconsentoftheCity. 6. Access: primeco shall have reasonable ingress and egress totheLicensedPremisesona24-hour basis for the purposes of maintenance,installation, repair and removal of said Communications Equipment. Provided,however, that only authorized engineers or employees of primeco, or personsunderPrimeCo' s direct. supervision, will be permitted to enter the saidLicensedPremises, and their entry shall be for the purpose of installing,removing, or repairing primeco's Communications Equipment and for no other purpose. primeCo shall notify the City in advance of its need to install, remove, or repair its Communications Equipment located on t:i1e LicensedPremises, except in the case of an emergency in which event notificationshallbegivenassoonasreasonablypossible. Access requiring entranceintoor .onto the communications towers shall be coordinated with the GeneralServicesDepartmentoftheCitywithrespecttothecommunicationstowers,and with the Public Works Department, Water Division, with respect to theNorthWaterTank. 7. Utilities at primeco's Cost: Primeco shall be solelyresponsibleforandpromptlypayallchargesforelectricity, telephone, and any other utility used or consumed by primeco on the Licensed Premises. TheCityshalladvisePrimeCoandfullycooperatewithanyutilitycompanyrequestinganeasementoverandacrosstheLicensedPremisesorotherlands owned by the city in order that suc~ utility company may provide service toPrimeCo. If additional easement is required to provide such utility services to the Missouri site, the City will cooperate with primeCo in seeking the grant of such easement from the state Department of Transportation. primeCo shall have an electrical current meter installed at the Licensed Premises and have the right to run underground or overhead utility lines directly from the utility source to Prim~Co's Communications Equipment. The cost of such meter and of installation, maintenance and repair thereof shall be paid by PrimeCo. PrimeCo and the utility company providing services to-Primeco shall have access to all areas of the Licensed Premises, or other lands of the city, necessary for installation, maintenance and repair of such services; provided, that access requiring entrance into or onto the communications towers shall be coordinated with the General Services Department of the city. Page 3 .of 13 0 8. Extensions: Primeco shall have the option to extend thi:License by a series of four (4) additional terms of five (5) years each s(long as it has abided by th~ terms and conditions of the License and is n01currentlyindefaulthereunder. If written notice to the contrary is n01deliveredtotheCitybyprimeconotlessthanninety (90) days prior to thEexpirationoftheprimarytermoranyextensionthereof, as the case may be,it will be deemed that PrimeCo has elected to exercise it option to extencthislicenseforanadditionalterm, and the license term shall automaticallyextendforanadditionalfive (5) year term as provided herein. The annualrentalamountshallalsoautomaticallyadjUstasprovidedinParagraph4. 9. Holdinq Over: If PrimeCo should remain in possession of theLicensedPremisedafterexpirationoftheprimarytermoranyextensionofthisLicense, without the exercise of an option or the execution by the CityandPrimecoofanewlicense, then PrimeCo shall be deemed to be OccupyingtheLicensedPremisesasatenant-at-sufferance on a month-to-month basis,subject to all the covenants and obligations of this License and at a monthlyrentalcalculatedatoneandone-quarter (1. 25) times the annual rentalscheduledtobepaidasprovided 'in Paragraph 4 divided by twelve (12). ThepaymentofsuchmonthlyrentalamountshallbedueandpayablebythefirstdayofthemonthsucceedingtheexpirationofthefinalmonthoftheLicensetermpreviouslygrantedbytheCity. o. Notices: (a) Any notice shall be in writing and shall bedeliveredbyhandorsentbyUnitedstatesregisteredorcertifiedmail,postage prepaid, addressed as follows: CITY: City Manager City of Clearwater P.o. Box 4748 Clearwater, Fl. 34618-4748 PRIMECO PCS primeCo 8875 Hidden River ParkwaySuite350 Tampa, Florida 33637 However, where coordination with the General Services Department of the CityortheCityIsPublicWorksDepartment, Water Division, is required by thisagreement, notice shall be given by telephone, facsimile transmission or byhanddeliveryateitherofthefollowingmailingaddressesorpHysicaladdressesandtelephonenumbers: General Services Director City of Clearwater P.O. Box 4748 Clearwater, Fl. 34618-4748 Telephone: 24 Hr. Emergency: Fax Number: 813) 462-6777 813) 462-6633 813) 462-6457 Physical Address: 1900 Grand Avenue, Clearwater, Fl. 34625 Water Superintendent Public Works Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 34618-4748 Telephone: 24 Hr. Emergency: Fax Number: 813) 462-6848 813) 462-6633 813) 462-6561 Physical Address: 1650 North Arcturas Avenue, Clearwater, Fl. 34625 Page 4 of 13 b) Either party may ~~ange its address and telephone number (s) towhichnoticeshallbegivenbydeliveringnoticeof ~uch change as providedabove. Notice shall be deemed given when delivered if delivered by hand orwhenpostmarkedifsentproperlybymail. ' 11. Liability and Indemnity: PrimeCoagrees to indemnify and hold thecityharmlessfromallclaims (including costs and expenses of defendingagalnstsuchclaims) arising or alleged to arise from the negligence orwillfulmisconductofPrimeCoorPrimeCo's agents, employees or contractors"occurring during the term of this License or any extensions in or about theLicensedPremises. primeco agrees to use and occupy the Licensed Premises atitsownriskandherebyreleasestheCity, its agents and employees, from allclaimsforanydamageorinjurybroughtonbyprimeCotothefullextentpermittedbylaw. The City agrees to indemnify and save primeco harmlessfromallclaims (including. cost and expenses of" defending against suchclaims) arising or alleged to arise from the negligence or ~illful misconductoftheCityortheCity's agents,~mployees, contractors or other licensees or tenants of the City occurring during the term of this License, subject to any defense or limitation pursuant to Section 768.28, Florida Statutes. 12. Termination: 2. By either party, in the event of a material breach of any of theprovisionsofthisagreement, subject to Paragraph 13 below. 3. By primeCo, if Primeco deter~ines that the cost of obtaining or retaining the approval of any agency, board, court, or other governmentalauthoritynecessaryfortheconstructionoroperationoftheCommunicationEquipmentisprohibitive, or if primeCo determines that the property is notappropriateforitsCommunicationsEquipmentfortechnologicalreasons,including, but not limited to, signal interference. 4. By primeCo, in the event that any government or public body shalltakeallorsuchpartoftheLicensedPremisestherebymakingitphysicallyorfinanciallyinfeasiblefortheLicensedPremisestobeusedinthemanneritwasintendedtobeusedbythisAgreement. However, if only a portion oftheLicensedPremisesistaken, and primeco does not elect to terminate thisLicenseunderthisprovision, then rental payments provided under thisLicenseshallbeabatedproportionallyastotheportiontakenwhichisnot then usable by primeCo and this License shall continue. Page 5 of 13 5. By the City, if .t~e City determines that the installation coperationoftheCommunicationsEquipmentisdetrimentaltotheoperationcthecity's communications equipment within and upon the respective LicensePremises, or the communications equipment of any other party with whom thcityhaspreviouslyenteredintoaleaseorlicensingagreementspecificallfortheconstruction, operation and maintenance of communications equipment b) The party terminating this agreement shall give written notice 0terminationtotheotherpartynotlessthanthirty (30) days in advance 0theeffectivedateoftermination. Upon termination, neither party willowanyfurtherobligationunderthetermsofthisLicense, except that primeCshallberesponsibleforremovingallofitsCommunicationsEquipmentfro:the License~ Premises and for restoring the areas occupied by PrimeCo to itoriginalconditionsasnearaspracticable, save and except normal wear anltearandactsbeyondPrimeCo's control. c) Upon termination of this License, the term hereby granted and al:rights, title and interest of PrifueCo in the premises shall end and the eit,may re-enter upon and take possession of the premises. Such terminatio;shall be without prejudice to the City'S right to collect from Primeco a~rental or additional rental which has accrued prior to such terminatiortogetherwithalldamages, including, but not limited to, the damage~specified in subparagraph (1) of this paragraph which are suffered by theCitybecauseofPrimeCo's breach of any covenant under this License. 13. Defaults and Remedies: a) Notwithstanding anything in this License to the contrary, PrimeCcshallnotbeindefaultunderthisLicenseuntil: 1. License, City; or In the case of a failure to pay rent or other sum~ due under thisfifteen (15) days after receipt of written notice thereof from the 2. In the case of any other default, thirty (30) days after receipt ofwrittennoticethereoffromtheCity; provided, however, where any suchdefaultcannotreasonablybecuredwithinthirty (30) days,' PrimeCo shall notbedeemedtobeindefaultundertheLicenseifPrimecocommencestocu~esuchdefaultwithinsaidthirty (30) day period and thereafter diligentlypursuessuchcuretocompletion. b) In the event of Pr imeCo' s default in the payment of rentals orPrimeco's failure to comply with any other material provision of thisLicense, the City may, at its option, terminate this License withoutaffectingitsrighttosueforallpastduerentals, and any other damages towhichtheCitymaybeentitled. Should the ci tybe entitled to collectrentalsordamagesandbeforcedtodosothroughitsattorney, or by otherlegalprocedures, the City shall, upon receipt of a favorable ruling, beentitledtoitsreasonablecostsandattorneys' fees thereby incurred uponsaidcollection. Page 6 of 13 c. Upon expiration or termination of this license, primeCO shall atitsexpense, procure an environmental audit, or audits, through' anenvironmentalfirmorindividualmutuallyagreeablebetweenprimeCoandthecity, in conformity with City of Clearwa ter Environmental Audit and PropertyAssessmentGuidelinesasmaybeinexistenceatthetimeofexpirationortermination. Should the results of such studies and tests reveal anyenvironmentalcontaminationofthepremisesinamountsand/or concentrationsexceedingminimumacceptablelevelsasthenestablishedbyapplicable governmental authorities, or in excess of the baseline environmentalconditionofthePremisesasestablishedatthelicenseCommencementDate whichever shall define the lowest limits of environmental contamination then present in, on, or of the license Premises, primeco shall pay all costs associated with environmental remediation of such contamination exceeding the lowest limits established using the aforementioned criteria if such contamination is found to be directly attributable to Primeco, its employees agents, contractors, or any person or entl. ty actl..ng for or on behalf of Pr imeco during the term of or any extens ion of this license, or after termination. d. primeCo agrees to provide the City within seven (7) days of execution by primeCo, copies of. all registrations, reports, closure assessments and certifications of financial responsibility forms as ~ay be required to be submitted to the State Department of Environmental Protection, or its successors, pursuant to Rules of th~ Florida Administrative Code. e. The City and primeco mutuall~ covenant and agree that during the term of this license, or any extension thereto, to fully comply ~ith all Federal, State and Local environmental laws and administrative Rules, and that neither party will use, generate, store or dispose of any Hazardous Material as identified and defined now or during the term or any extension of this license in and by said laws and rules. Each party agrees to hold harmless, defend and indemnify the other, a long with their respective successors and/or assigns, partners, affiliates, employees, contractors, agents, and all others acting for or on behalf of either party in any ~anner or action that may reasonably be determined to be in violation of this provision, subject to any defense or .limitation available to the City pursuant to section 768.28, Florida Statutes. A. 17. Tests: PrimeCo is hereby given the right to survey, soil test, radio coverage test, and conduct any other ip.vestigations needed to determine if the surface and location of the Licensed Premises is suitable for construction and installation of its Communications Equipment prior to the Commencement Date as defined in Paragraph 3. The terms of Paragraph 11 shall also apply. 18. Fixtures: The City covenants and agrees that no part of the improvements constructed, erected or placed by primeCo on the Licensed Premises or other real property owned by the City shall be or become, or be considered as being, affixed to or a part of the City's real property,- any and all provisions and principles of law to the contrary notwithstanding. All improvements of every kind and nature constructed, erected or placed by PrimeCo on the Licensed Premises shall be and remain the property of PrimeCo. Page 9 of 13 19. Assignment and SUbletting: primeCo may assign or sublet theLicensedPremisesoranypar~ ~~ereof without the consent of the City only ifPrimeCoremainsliableforfulflllmentofpaymentsunderthisLicenseandthenatureoftheuseisnotc~anged or the assign~ent is ma~e to an affiliateo!PrimeCo. All other asslgnments shall requlre the Clty' s prior writter.consent, which consent shall not be unreasonably withheld. 20. Memorandum of License Aqreement: Following the execution of -thisLicense, either party, at its sole expense, shall be entitled to file theMembrandumofLicenseAgreement (attached as Exhibit "D") of record in thepublicrecordsofPinellasCounty, Florida. 21. other Conditions: a) The City acknowledges that following the execution of this License,Primeco will contact appropriate local governmenta~ agencies for the purposeofobtainingallbuildingpermitsandapprovals, zoning changes andapprovals, variances, use permits and other governmental permits andapprovals ("Local Permits ") necessary for the construction, operation andmaintenanceoftheCommunicationsEquipmentontheLicensedPremises. TheCityagreestofullycooperatewithPrimecoinobtainingtheLocalPermitsand, without limiting the generality of the foregoing, to execute anyapplications, maps, certificate or other documents that may be required inconnectionwiththeLocalPe=mits. b) Whenever under the License the consent or approval of either partyisrequiredoradeterminationmustbemadebyeitherparty, no such consentorapprovalshallbeunreasonablywithheldordelayed, and all suchdeterminationsshallbemadeonareasonablebasisandinareasonablemanner. c) The City covenants that PrimeCo shall, upon paying the rent andobservingtheothercovenants. and conditions herein upon its part to beobserved, peaceably and quietly hold and enjoy the Licensed Premises duringthetermofthisLicenseorasitmaybeextendedwithouthindranceorejectionbytheCity, any person or persons claiming under the City, or anyot~er licensee or tenant of the City. ). D) PrimeCo covenants and agrees that Primeco Communications Equipmentandinstallation, operation and maintenance will: 1) Not irreparably damage either the WPC or Missouri communicationstowers, nor the North Water Tank structure, and accessories thereto. 2) Not interfere with the operation of the City's radio or othercommunicationsequipment, or that of other licensees or tenants currentlyutilizingthetowersorlicensedorleasedpremisesforsuchpurposeswithin100yardsoftheLicensePremises. In the event there is interference byPrimeCo, primeco will promptly take all steps necessary to correct andeliminatesamewithareasonableperiodoftime. If Primeco is unable toeliminatesuchinterferencecausedbyitwithinareasonableperiodoftime,Pr imeCo agrees to remove its antennas from the Ci ty' s property and thisAgreementshallterminate. Page 10 of 13 3) Comply with all applicable rules and regulations of the FederalCommunicationscommissionandtheordinancesofthecity, including but notlimitedtothebuildingandelectricalcodesofthecity. . e) If the Licenses Premises is damaged for any reason so as to renderitsubstantiallyunusableforprimeCo's use, rent shall abate for such periodnotinexcessofninety (90) days while the City, at its expense. restorestheCity's towers and/or buildings to its condition prior to such damage.Provided, however, in the event the City fails to repair the Licensed Pre~ises with the said ninety (90) day period, PrimeCo shall have the righttoterminatethisLicensewithnofurtherobligationshereunder. f) During the term of this License, the City will not grant a similar license to any other party if such grant would in any way interfere with PrimeCo's use of its Communications Equipment. In the event of anyinterferencearisingfromtheinstallationoroperationofcommunications equipment at the towers sites by any other p'arty subsequent to the Commencement Date of this agreement, the city shall take all steps reasonably necessary to correct and eliminate such interference wi thin a reasonable period of time. If the City is unable to eliminate the interference within a reasonable period of time, the City shall be obligated to remove the communication equipment of the other party from the towers sites. primeco shall not change the frequency, power or character of its equipment without first obtaining the written consent of the City, which shall not be unreasonably withheld. Notwithstanding any provisions of this paragraph to the contrary, any communications equipment within or upon the Licensed Premises previously authorized to the use of any other party by the Cityshallnotrequireremoval. 22. Radon Gas Notification. as required by Section 404.056(8), Florida statutes, PrimeCo shall take notice of the following: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 23. Entire Aqreement and Bindinq Effect: This License and any attached exhibits signed or initialed by the parties constitute the entire agreement between the City and PrimeCo. No prior written or prior contemporaneous or subsequent oral promises or representations shall be binding. This License shall not be amended or changed except by written instrument signed by both parties. Paragraph captions herein are for convenience only, and neither limit nor amplify the provisions of this License. The provisions of this License sha 11 be binding upon and inure to the benef i t of the heirs, executors, administrators, successors and assigns of the parties, but this provision shall in no way alter the restriction hereon in connection with assignment and subletting by PrimeCo. Page 11 of 13 IN WITNESS WHEREOF, the parties hereto have executed this License as ofthedateandyearfirstabove 'written. PCS PRIMECO, L.P. A<.~l~~ Print NiZ C~~aLfl~(l. WITNESS Print Name /~ GtJ1rJ C. "36~ Daniel Behuniak Chief Operating Officer and President, . Southeast Region STATE OF FLORIDA COUNTY OF HILLSBOROUGH BEFORE ME, the undersigned, personally appeared Daniel Behuniak,Chief Operating Officer and President, Southeast Region, PCS PrimeCo, L.P.,a Delaware Limited Partnership, who acknowledged the foregoing instrument onbehalfofthepartnership. D-" "e D~ . ., P"~ '" KEVNC.8EO<ERb. ~ Lty~N"V.1234Nota-ry Public * ~ ~ ~ J.n.13,1iQ1Print / type name: 1<& "I IV e 'bee /L.aC- ~ Bonded by HAl 1~ L./'Personally known Provided Identification Type of Identification Provided OR Countersigned:CITY OF CLEARWATER, FLORIDA Commissioner By:Q. P7 .l4J.s./ Eliz~th M./Oeptula, City Manager Approved as to form and legal sufficiency: Attest: John C. Carassas Assistant City Attorney Goudeau, Page 12 of 13 ... r tem , CLEARWATER CITY COMMISSION Agenda Cover Memorandum Meetl~ Date 3UBJECT: License Agreement tor Personal Communications Systems installations. RECOMMENDATION/MOTION: Approye a License Agreement with PCS Pr imeco, L. P,CrDelawareLimitedPartnership, licensing to its non-exclusive use Cit\communications towers at 3290 state Road 580 and 1400 Young street, and the NorttWater ~ank at 1751 Kings Highway, for the purposes of installing and operatincPersonalCommunicationsSystems ("PCS") equipment for an initial 5 year tenn;with the option' to automatically extend for 4 additional terms of 5 years each,unless the City is timely notified to the contrary, providing for initial yearlumpsumannualrentpaymentof $37,800 payable upon the License commencementdate, increasing 4% annually thereafter, due and payable in single annualinstallmentsuponeachanniversaryofthecommencementdate,DU and that the appropriate officials be authorized to execute same. SUMMARY: PCS Primeco, L. P. ("primeCo") .is a consortium of major communicationscompanies: Bell Atlantic PCS, Inc., NYNEX PCS, Inc., Airtouch Communications andU.S. West, Inc. Primecoproposes to install PCS equipment on three Citystructures: the communications towers at the Northeast Treatment Plant, thecommunicationstowerjusteastofMissouriAvenueat1400Youngstreetonlandunder99yearleasetotheCitybytheFloridaDepartmentofTransportationuntil2075, and on the City's North Water Tank at the Kings Highway Recreation Center,1751 Kings Highway. Installation at each site will include. ground base communications equipmentnaconcretepadnottoexceed15' X 25' . (375 square feet) linked by coaxialcableto9antennaein3arraysatstructureelevationsof115to120feetExhibits "A" - "C"). The city would provide 24 hour access to the sites ifprimeCocoordiDateswiththeresponsibleCitydepartments. The initial 5 year term of the License will commence not later than 60 daysfollowingCityCommissionapproval. Primeco shall establish the commencementdatebyprovidingwrittennotificationtotheofficeoftheCityAttoiheyatleast10daysbeforeitwishestoaccessthesitestocommenceconstruction. The License ~ill automatically extend for up to 4 additional 5 year termsunlessprimecogivesthecitywrittennoticetothecontrarynotlessthan30dayspriortoexpirationofthethencurrentterm. conti~ed) I ~eviewed by: I Legal I Budget I I I I J I I ACMI I I ENG. I I OTHER I Subnitted by: I City Manager I PCSP/;m..Agn NIl. Originating Dept. Engineering ,1 I{:IJ- . User Dept. /. "'I, J r.'1.General Services ~ Publ ic \lor\:s ':7?A Advertised: Costs: N/A COIIIlIi ss ion Act ion Current FY)Approved purChaSing~ Risk Mgmt'-fJJfL- IS NIl. Flonding Source: Capt. 11I'p. Approved w/conditions _____ Denied Operating Date:Other Cont'd to IfJ Paper: Appropriation Code(s)Attachments: License Agreement with Exhibits "A" through "0" Locator Map. all sites Not required X Affected parties notified Not required X Page 2 - Agenda Cover Memorandum primeCo License Aqreement Under the License Agreement, rent is payable in an annual lump sum installmentdueuponcommencement; and upon "each anniversary thereafter. Initial year rentisestablishedat $37,800 based on $12,240 for each communications site anc12,960 for the North Water Tank site, each calculated .at $1.00 pe.r foot abovE.ground level per month for each installed antennae, with installation of c antennae at approximately 115 feet on each of the communications towers and ~antennae at approximately 120 feet on the water tank. The annual rent adjustmentestablishedintheLicenseis4%. Total rent due the City duripg the initial ~ year term is $204,736.99. Should primeCo exercise all extension options for cfull25years, total rent to the City will be $1,574,215.10. Other key provisions of the License include: primeCo will be responsible for all maintenance and utilities related tcitsinstallations, all taxes either the License or the PCS improvements may create, combined single limit bodily injury. and property damageinsuranceofnotlessthan $1,000,000 with the City as additional insured, performing environmental audits prior to commencement and upon final termination with responsibility for any degradation attributable to its installations during the License .term. primeCo covenants that its installations will not interfere with any eit} communications equipment, or that of others currently operating under an} agreement with the city. The City will be responsible for maintaining its communications towers and the North Water Tank during the License term, and any extensions; and agrees not to license their use for any other communications installations that .would interfere with primeco operations. primeco may terminate the License if governmental approvals are denied, or later revoked; if it determines construction or operational costs are prohibitive, for technological reasons such as, but not limited to, signalinterference, or in the event of condemnation to the extent operations would no longer be feasible. The City may terminate the License only upon material unremedied aefault of any License provisions by primeCo. The City agrees it will cooperate as appropriate to obtain governmental approvals and permits necessary for construction and operations. Primeco is responsible for removing all of its equipment upon final License termination, and for site restoration. Either party may record a Memorandum of License upon the public records (by the City, as per Exhibit "0") KCI OLOO1Q PROP. Nll["H.l ITTI'J I I I I iiI I I' PLAN VIEW SC~ . 1101 10 SC~ IC)ltJ nos Sl<tlOC IS r ClI' SOC:lU. T C 'Vll'oS(sf. CO .o! US( Tlt:S rOt ~ ANTENNA INST N..LATION WATER T,ANK SKETCH PLAN VIEW BY: OJ( OJ.O].96 I'C$ PCS Pr~l". aa 7~ ttOC(lI ItYU PJnrT SUTe J:.o r~OP1lA )J.6J7 nuCD TO: Construction Manlgen fROM: Ricardo toor DATE: IIn2l95 RE: Rf Configuration Tower HcI&ht.s: 90 (eet 100 feet 120 feel 140 fut 160 feet 180 fed 200 feet 220 feel 240 (eel 260 (eet Azimuth A-10. 8-130. C-250 degree Antenna types. 90 degree directional antenna with 17.S dBi gain.(IS.S dBd) connectors- 7/16 DIN DB980H9Q(E)- rKL: 1710-1880 MHz I M: lS5Q.1990 MHz 90-, 15 dBd DirectIonal Anlenna YOdel Humb., 069&011>>I(L.I"- oa'&OI1~l'lCLW f(;f lojTtfmllutlOnT~ N.rem.l, 7/1' DIN oKl.: 1710. 18BO MHz (ls5mm) ..Fre-q\J~CY A~ng. 18~.Im~ ln 1506d0t11.1d81 1:.3 .. Hull fill F"I($I~" 1'\1' ia 14~ INn 18 ~ dQw1t -I 1/'0(1\ I\'\&J. F"1I11 uppe!'~ ~ S\.lppr~..,. VSWR <C 1.$:1 mwld\l'l . Horlzoo~ 90"' ~ 7.0- Jd a 110m mu) ; V.,,\c.al 5.S. t O.~. Iont 10 helt PstJo > 25 Cl8 Pol~lullon : V. r1SeaI. Iolu. ~t ~w... ~ Waftl P9I~11on I PeN, pcs. OCS 1800 Wel~1\1 : a.s tit (~.O kg) WInd ArM I 3.3 :'II (.3 I mil ........ " Wlnd lClId 131 t/ (sa2N) 59.4 k9 (at.2(IO mph) E E E bEU'X. W1t\d ~ 1 ~ mp/'l (260 ~.m..h) CO..,. U') co N Irt.tt.~ , Aellec1Dr Scr~ Pass. ANmltun ~ 10 R~s: StaJ.S .. ... Itsdom r. PVC. W Ae:s.btarl ~ ~ M19. ~ve: Pau. AAimi"u1I. Sta.i'l~ S 1001 COIOf NomIaJ: Gray l.I <>v n tJng . Su<s clamps i'd.ded. I C>>rwnlflt s.n,k.t:I I OSSQ96 : Ii (Optloo.1) ., I! WUl/'lec Prola<.Iton : Fuk( pt'Jlecled by ~le MId ra6omt. IIllQhtn'~ . AI m etaJ p.r.i gr O\if"d od. PrOlt<tlon Plo(~~ SIte n' I 7' I S' Shrppr~ WtlQl'I\ I 13.2 :bi (I ~) i A<.<fiatlon Pat1&rns (RalatNC Fleld Slr6nglh) g.00- 10" n .. 2.8rJ.- l- 0 30"" , ~ X-~ ~ (51 mm) (71mm . N?' ' .r~"- l :,': ,'. ''No .O-'----'...-r- 0 . . ' I 0-. . I 15 dBd (17.1 dBi) Gain DirectiOnal1-.' . .' ~&~ \ ' . Antenna with 900 horizontal 3 dBc"" '.\ ~ _........ . beamwidth -)(l; 1710-'880 MHz or0--- _ - M: 1850-19$0 MHz. J :HoruontaJ Vtl'tlc .1 0990<45.000- I: lCt35 4fi' DECIBEL PRODUCTS IAOMIion0( IN Al.L~ TElECOM GAOIJP , . 86JS StemlT\O(l$ Freeway. P. O. ~x SQ9Ql0 · 04~S. Texas 7SJ6<j.a810 214 1 631.0JfO . Fax: 2H /8JH7Cle (.... .....::: I' PCS CABINET POWER UPPL CAB. FUTURE EOUIP. T EXOTH~AllY 1 WELDED CONNECTIONS TYPICAl. . TELCO CABINET GReWtb~ TE..R8A we SOLID COPPERC~ MOUNTIN. FRAME H2AWG SOUD TINNED COPPER BARE IN 03/4- PVC FOR FUTURE CONN. COIL 6' PIGTAIL) TYPICAL OF 2) NTERFACE PLATE N2A we SOLID TINNED COPPER BARE IN 3/4" PVC, TYP. U.O.N. PVC I 112A WG SOLID TINNEO I 2' ALL I COPPER TO fENCE POST I 1. PVC AROUN~ TYP. OF 4 CORNERS. SLAB r; fowc L I G~I)~p I 16' X 8' EOUIP. SLAB I I triA WG SOUD TlNNED I I COPPER BARE. 30. BELOW GRADE. I I 1 COPPER CLAD STEEL I RODS 5/8" X 10' EXOTHERMICALL Y WELDED. TYP. OF' 4 GROUNDrNGDIAGRAM N. T .s. r t.,.r Prepared by , return tOI Earl Barrett Engineering Admini.tration City of Clearwater P. O. Box 4748 Clearwater, rl. 34618-4748 EXHIBIT "D" ORANDUl\f OF LICENSE KNOW ALL MEN BY THESE PRESENTS THAT: THIS MEMORANDUM OF LICENSE is made this day of1996, by the CITY OF CLEARWATER, FLORIDA,a Florida Municipal Corporation. WIT N E SSE T H: WHEREAS, the CITY OF CLEARWATER, FLORIDA ("City"), whoseaddressisP. O. Box 4748, Cleaniater, Florida 34618-4748 haslicensedtoPCSPRIMECO, L. P., a Delaware Limited Partnership,whose address is 8875 Hidden. River Parkway, Suite 350, Tampa,Florida 33637 ("Primeco"), and PrimeCo has accepted a license fromtheCity, upon. and subject: to -the terms, ..covenants,-: conditions, ."limitations and restrictions contained in that certain LicenseAgreementdated . , 1996 (-License") betweentheparties, that certain real property situated in Clearwater,pinellas County, Florida, more particularly described in Exhibit Aattachedhereto ("Licensed Premises"). nTheTermoftheLicenseisforfive (5) years, commencing on1996, and ending , 2001,subject to PrimeCo's option to extend the ten for four (4)additional periods of five (5) years each upon the terms andconditionssetforthintheLicense. The Rent and other obligations of the City and Primeco are setforthintheLicense, to which reference is made for furtherparticulars. In the event of any conflict betveen the terms andprovisionsoftheLicenseandthosecontainedinthisMemorandum,those contained in the License shall govern and be controlling. Page 1 ot 3 r I. EXlllBrr A License Premises R.B: AGREE1!ENT BT , BEn/EEN THE CITTOr CL.E.AK1lA:rER, FLORJDA AliD PRINECO, L.p. Non-exclusive use of not more than 375 square feet of land intheimmediatevicinityofstructuresdescribedbelow, situate andbeingwithinthechainlinkfencedboundariesenclosingeachofthesaidfacilitiesownedand/or controlled by the City of Clearwater,pinellas County, Florida: . 1. COMMUNICATIONS TOWER - Operational upon the grounds oftheCity'S Northeast Water Pollution Control Plant, 3290 S.R. 580andMcMullenBoothRoad, Clearwater, Florida, located at Latitude28001'54" North and Longitude 82042'16" West. 2. COMMUNICATIONS TOWER - Operational upon grounds underleasetotheCityofClearwaterbytheFloridaDepartmentofTransportationat1400YoungStreet, Clearwater, Florida, locatedatLatitude27056'42" North, and Longitude 82047'13" West. 3. NORTH WATER TANK - Operational upon the grounds of theCity's Kings Highway Recreation' Center, 1751 Kings Highway,Clearwater, Florida, located at Latitude 27059'09" North andLongitude82046'43" West. Page J of J LICENSE AGREEMENT THIS UCENSE AGREEMENT is made and entered into this Q~ day of I'Illtfr Ii , 1998, by and between the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation (herein, "City", or "Licensor"), and BeIlSouth Mobility, Inc., a Georgia Corporation, having its general offices at 5201 Congress Avenue, Boca Raton, Florida 33487 herein, "BellSouth Mobility" or "Licensee"). 1. Premises: The legal description of the site is attached as exhibit" A". Measured from ground level, BellSouth Mobility, Inc. will have reserved for it the space on the structure from 235 feet to 245 feet above ground level (A.G.L.). If required for technological reasons, BellSouth Mobility, Inc. must nrst obtain written approval from the City to move its location on the structure to space other than this area reserved for it if such other space has not been rented to a different tenant who is using it. Together with space on the communication tower to mount Personal Communications Systems herein "PCS") antennae arrays as specified in paragraph 2 below and depicted in Exhibit" A", each being attached hereto and by reference made a part hereof. The land area and the communication tower are referenced herein as the "Licensed Premises". Final site specific engineering plans and load factor calculations regarding the respective site is to be provided by BelISouth Mobility, Inc., at BeIlSouth Mobility, Inc. 's expense and is subject to fmal approval by authorized City officials prior to commencement of any construction or installation of any communications equipment by BellSouth Mobility, Inc., its employees, agents, or contractors. 2. Communications Equipment: The City, hereby. grants permission to BeIlSouth Mobility, Inc. to install and operate' the following descnbed BellSouth Mobility, Inc. communications equipment, building, generator and associated equipment on and within the Licensed Premises: a) Three arrays of two antennas each (Andrew model PCSI9HA-l1015-2DG), or equivalent, to be installed upon the City conununications tower with the centerline of mounting the array at 240 feet above ground level (A.G.L.). The exact locations of all antennas shall be ,. supplied to the City in the form of as-built drawings after installation. No alterations shall be made thereafter without prior written approval by the City and acceptance thereof by BeUSouth Mobility, Inc. b) Radio communications equipment consisting of transmitters, receivers and accessories to be installed in an equipment building located in accordance with approved fmal site plans TI1e ground space shall be 15' X 25', more or less, within the fenced enclosures at the respective sites. In this agreement, all of BellSouth Mobility, Inc. 's equipment, buildings, panels, generators, cables, wires, antennas, and accessories are referred to collectively as "Communicarions Equipment" or "Communications Centers." Page 1 of 11 3. Irnn: The primary tenn of this Agreement shall be for five (5) yearsconunencingonH/!1ctl -'-i 1998 ( the "Commencement Date") and terminating at Midnight. _1"'~CIt / . 2003. subject to extensions as ~t forth in Paragraph 8 below. The CommencementDateassetforthhereinshallcoincideandbeidenticalwiththefirstdayofthefustmonchin which BellSouth Mobility, Inc. intends to enter upon the Licensed Premises to commence construction of any of its Communications Centers. but in no event later than 60 days followingthedateofthisagreementasfustabovewritten. Bel1South Mobility, Inc. shall provide written notice of the intended Commencement Date to the office of the City Attorney, 112 South Osceola Avenue. Clearwater, Florida 33756 Dot later than ten (10) business days prior to S!id Commencement Date. 4. Rem: During the primary term of this Agreement, as rental for the Licensed Premises, BellSouth Mobility, Inc. will pay the City the initial year aMual sum of TWENTY ONE THOUSAND SIX HUNDRED AND---OO/1OO'S--DOLLARS ($21.6C()'OO), payable In four equal installments of FIVE THOUSAND FOUR HUNDRED AND--QO/lOO's-DOLLARS 55,400.00) in advance upon the Commencement Date of this agreement. The aMua] rental during the primary term and any renewal five year term(s) will be adjusted upward by four percent (4%) annually effective upon each anniversary during the primary term and any ext~nsions thereof and payable in quarterly installments. The total initial year annual rent due hereunder for the communication tower at 3290 SL1te Road 580 and McMullen Booth Road. Clearwater. Florida is $21.600.00 ' 5. Use: BeIlSouth Mobility, Inc. will use the Licensed Premises for the purpose of constructing and operating a Communications Center as provided herein. BelISouth Mobility I Inc. will abide by all local, state and federal laws and obtain all permits and licenses necessary to operate its system. BellSouth Mobility, Inc. shall use the Licensed Premises for no other purposes without the prior written consent of the City. 6. Access: BellSouth Mobility, Inc. shall have reasonable: ingress and egress to the Licensed Premises ana 24-hour basis for the purpOse of maintenance. installation, repair and., removal of said Communications Equipment. Provided, however. that only authorized engina:rs or employees of BellSouth Mobility. Inc., or persons under BeIlSouth Mobility, Inc.'s direct supervision. will be permitted to enter the said Licensed Premises, and their entry shall be for the purpose of installing, removing, or repairing its Communications Equipment and for no other purpose. BellSouth Mobility. Inc. shall notify the City in advance of its need to install, remove, or repair its Communications Equipment located on the Li~ruIed Premises, except in the case of an emergency in which event notification shall be given as soon as reasonably possible. Access requiring entrance into or onto the communications towers shall be coordinated with the General Services Depanment of the CilY. Page 2 of 11 7. Utilities at BellSouth Mobility. Inc. I s Cost: BellSoutl,1 Mobility, Inc. shall be solely responsible for and promptly pay all charges for electricity, telephone, and any other utility used or consumed by BellSouth Mobility, Inc. on the Licensed Premises. The City shall advise BellSouth Mobility, Inc. and fully cooperate with any utility company requesting an easement over and across the Licensed Premises or other lands owned by the City in order that such utility company may provide service to BellSouth Mobil~ty, Inc. BellSouth Mobility, Inc. shall have electrical current meter installed at the Licensed Premises and have the right to run underground or overhead utility lines directly from the utility source to BellSouth Mobility, Inc.' s Communications Equipment. The cost of such meter and of installation, maintenance and repair thereof shall be paid by BellSouth Mobility, Inc. BellSouth Mobility, Inc. and the utility company providing services to BellSouth Mobility, Inc. shall have access to all areas of the Licensed Premises, or other lands of the City, ~sary for installation, maintenance and repair of such services; provided, that access requiring entrance into or onto the communications towers shall be coordinated with the General Services Department of the City. 8. Extensions: BellSouth Mobility, Inc. shall have the option to extend this License by a series of four (4) additional terms of five (5) years each so long as it has abided by the terms and conditions of the License and is not currently in default hereunder. City or BeIlSouth Mobility, Inc. may at any time after the expiration of the first renewal term terminate this agreement for convenience by giving the other party one hundred eighty (180) days written notice. BellSouth Mobility, Inc. agrees to provide City written notice of its intent to extend this agreement no less than 90 days prior to the expiration of the primary term or any extension thereof. The annual rental amount shall also automatically adjust as provided in Paragraph 4. 9. Holci~g O~er: If BellSotitli Mobility, InC. shoUld reIIiain in possession of the Licensed Premised after expiration of the primary term or any extension of this License, without the exercise of an option or the execution by the City and BellSouth Mobility, Inc. of a new license, BeIISouth Mobility, Inc. shall be deemed to be occupying the Licensed Premises as a tenant-at-sufferance on a month-ta-month basis, subject to all the covenants and obligations of this License and at a monthly rental calculated at one and one-quarter (1.25) times the annual rental scheduled to be paid as provided in Paragraph 4 divided by twelve (12). The payment of such monthly rental amount shall be due and payable by the first day of the month succeeding the expiration of the final month of the License term previously granted by the City. ," 10. Notices: (a) Any notice shall be in writing and shall be delivered by hand or sent by United States registered or certified mail, postage prepaid, addressed as follows: CITY: City Manager City of Clearwater P.O. Box 4748 Clearwater, Florida BeUSouth Mobility, Inc. 5201 Congress A venue Boca Raton, Florida, 33487 Ann.: Network R. E. Manager 5~ I) J C / - 0 j s 7 p/I./'v~F~ (5(;/) ?,S~ 3503 j1UA~~ r ~T- ( .f C /) 19 S- - 3~' Lj j' 34618-4748 Page 3 of 11 any manner or action that may reasonably be detennined to be in violation of this provision. subject to any defense or limitation available to the City pursuant to Section 768.28. Florida Statues. 17. Tests: BellSouth Mobility, Inc. is hereby given the right to survey, soil test, radio coverage test, and conduct any other investigations needed to determine if the surface and location of the License Premises is suitable for construction and installation of its Co~unications Equipment prior to the Commencement Date as defIned in Paragraph 3. The tenns of Paragraph 11 shall also apply. 18. Fixtures: The City covenants and agrees that no part of the improvements constructed, erected or placed by BellSouth Mobility, Inc. on the Licensed Premises or other real property owned by the City shall be or become, or be considered as being, affiXed to or a part of the City's real property, any and all provisions and principals of law to the contrary notwithstanding. All improvements of every kind and nature constructed, erected or placed by BellSouth Mobility, Inc. on the Licensed Premises shall be and remain the property of BellSouth Mobility, Inc.. 19. Assignment and Subletting: BellSouth Mobility, Inc. may assign or sublet the Licensed Premises or any part thereof without the consent of the City only if BellSouth Mobility, Inc. remains liable for fulf1lIment of payments under this License and the nature of the use is not changed or the assignment is made to an affiliate of Bell South Mobility, Inc.. All other assignments shall require the City's prior written consent. which consent shall not be unreasonably withheld. 20. Memorandum of License Agreement: Following the" execution of this License, either party, at its sole expense, shall be entitled to file the Memorandum of License Agreement of record in the public records of Pinellas County, Florida. 21. Other Conditions: a) The City acknowledges that following the execution of this License, BellSouth Mobility, Inc. will contact appropriate local goverrunental agencies for the purpose of obtaining all building permits and approvals, zoning changes and approvals, variances, use permits and other governmental permits and approvals ("Local Pennits") necessary for the construction, operation and maintenance of the Communications Equipment on the Licensed Premises. The City agrees to fully cooperate with BellSouth Mobility, Inc. in obtaining the Local Permits and, without limiting the generality of the foregoing, to execute any applications, maps, certificate or other documents that may be required in connection with the Local Permits. h b) Whenever under the License the consent or approval of either party is required or a determination must be made by either party, no such consent or approval shall be unreasonably withheld or delayed, and all such detenninations -shall be made on a reasonable basis and in a reasonable manner. Page 9 of 11 c) The City covenants that BellSouth Mobility, fnc. shall, upon paying the rent and observing the other covenants and conditioI13 herein upon its part to be observed, peaceably and quietly hold and enjoy the Licensed Premises during the tenn of this License or as it may be extended without hindrance or ejection by the City, any person or persons claiming under che Cicy, or any other licensee or tenant of the City. . Cd) BellSouth Mobility, Inc. covenants and agrees that BelISouth Mobility, Ioc. CommuniC3tions Equipment and installation, operation and maintenance will: 1) thereto. Not irreparably damage the WPC communications tower, nor the accessories 2) Not interfere with the operation of the City's radio or other communications equipment, or that of other licensees or tenants currently utilizing the towers or licensed or leased premises for such purposes within 100 yards of the Licensed Premises. In the event there is imerferenceby BelISouth Mobility, Inc. , BellSouth Mobility, Inc. will promptly take all steps necessary to correct and eliminate same within a reasonable period of time. If BellSouth Mobility I Inc. Is unable to eliminate such interference caused by it within a reasonable pericxl of time. BellSouth Mobility, Inc. agrees to remove its antennas from the City's property and this Agreement shall terminate. 3) Comply with all applicable rules and regulations of the Pederal Communications Commission and the ordinances of the City, including but not limited to the building and electrical codes of the City. e) If the Licenses Premises is damaged for any reason so as to render it substantially unusable for BellSouth Mobility, Inc.'suse, rent shall abate for such period not in excess of ninety (90) days while the City, at its expense. restores the City's towers and/or buildings to its condition prior to such damage:. Provided, however, in the event the City fails to repair the Licensed Premises within the said ninety (90) day period. BdlSouth Mobility, Inc. or the City ..' shall have the right to terminate this License with no further obligations hereunder. t) During the term of this License, the: City will not grant a similar license to any other party if such grant would in way interfere with Be II South Mobility, Inc. '5 use of its Communications Equipment. In the event of Bny interference arising from the installation or operation of conununications equipment at the towers sites by any other pany subsequent to the Commencement Date of this agreement, the City shall take all steps reasonably necessary to correct and eliminate such interference within a reasonable period oftime. If the City is unabl~ to eliminate the interference within a reasonable period of time, the City shall be obligatt::d [0 remove the corrununicati.9n equipment of the other party from the towers sites. BellSouth Mobility. Inc. shall not change the frequency, power or character of it! equipment without first obtaining the wrItten consent of the City I which shall not be unreasonably withheld. Nutwithstanding any provisions of this paragraph to the contrary, any communications equipment Page 10 of 11 J FIRST 1\MENDMENT TO LICENSE AGREEMENT THIS F1RST AMENDMENT TO LICENSE AGREEMENT is entered into this /'!d- day of ~ , 1996, by and between the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation (~Licen~or") and PCS PRlMECO, L.P., a Delaware Limited Partnership, regarding that certain License Agreement between the parties dated April 8, 1996, governing Licensed Premises as described in Paragraph 1 thereof. WIT N E SSE T H: WHEREAS,' Licensee desires to amend the herein. described agreement to forsake and terminate all rights, privileges, and benefits accruing to Licensee's use of Licensor's Communications Tower at 1400 Young Street License ~remises ~B") and Licensor's North Water Tank at 1700 Kings Highway (License Premises ~C") by virtue of said agreement, together with all costs, obligations, terms and conditions binding Licensee therefore; and, WHEREAS, Licensor is agreeable to releasing Licensee in all respects from all costs, obligations, terms and condi tions associated with the aforesaid portions of the Licensed Premises described in said License Agreement, in exchange for Licensee forsaking and terminating all rights, privileges and benefits accruing to Licensee thereby, under certain terms and conditions as hereinafter set forth; NOW, THEREFORE, in consideration of the mutual promises made therein, and the mutual benefits being derived by each of the parties thereto, it is agreed that said License Agreement be amended as follows: A. Henceforth, following the da 1;.e hereof, the only ~, portion of the Licensed Premises upon which said License Agreement shall be effective is that cer.tain Communications Tower location at 3290 S.R. 580 and McMullen Booth Road License Premises "A", therein). B. Licensee henceforth forsakes and terminates all rights, privileges and benefits said License Agreement bestowed to those portions of the Licensed Premises described as License Premises ~B" and ~C". C. Licensor henceforth releases Licensee from all future costs, obligations, terms and conditions previously Page 1 of 4 binding Licensee regarding those certain portions of the Licensed Premises described as License Premises "B" and "CWo D. contemporaneous wi th delivery of this First Amendment To License Agreement to Licensor, duly executed by Licensee, Licensee'shall deliver the following documents which shall be subject to provisions of the License Agreement: 1. Insurance certificate(s) as required under paragraph 15 of the License Agreement. 2. Environmental report(s) as required under paragraph l6 of the License Agreement. E. Upon approval of this First Amendment. To License Agreement-by the Clearwater City Commission, and its proper execution, It is mutually. agreed between the parties that the ini tial year annual rent for the remainder Licensed Premises shall continue unchanged at $12,420.00, which shall be due and payable to Licensor not later than fifteen (15) days following delivery of this document to Licensee_ F. All annual rent payments, subject to adjustment as. provided in the License Agreement, shall be due and payable on or before each succeeding anniversary of the Commencement Date (May 1, 1996) of the License Agreement. A late payment penalty of ten percent (10%) of the annual rent amount shall be due and accompany any payment received by Licensor after the tenth (lOth) day following any due date as herein provided. G. It is mutually agreed by the parties that Paragraph 21 (e) of the License Agreement is hereby amended to read as" follo'.>1,g: If the License Premises is damaged for any reason so as to render it substantially unusable for PrimeCo's use, other than damage by or through accident, error, omission, willful misconduct or negligence of Licensee, its employees, agents, contractors or assigns, rent shall abate for such period not in excess of ninety (90) days while the City, at its expense restores the Ci ty' s tm:cr:J tower and/or buildings to its condi tion prior to such damage. Provided, however, in the event the City fails to repair the Licensed Premises within the said ninety (90) day period, primeCo shall have the -- right to terminate this License with no further obligations Page 2 of 4 hereunder. In the event such damage is in any way attributable to PrimeCo, its employees, agents, contractors or assigns," and prime'Co fails to repair the Licensed Premises within ninety (90) days of occurrence, the City shall have the right to terminate this License wi th no further obligations.hereunder, or to deem Licensee to be in default of this License Agreement and subject to the remedies as provided in Paragraph 13 hereof. ALL OTHER TERMS AND CONDTIONS OF SAID LICENSE AGREEMENT REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. Signed, sealed and delivered in the presence of: J~ wlTNESS Print Name>AM WA-rltINS- 0 PCS PRlMECO, L.P. BY:-~~~ llaniel Behuniak Chief Operating Officer and President, Southeast Region STATE OF FLORIDA COUNTY OF HILLSBOROUGH BEFORE.ME, the undersigned, personally. appeared Daniel~. Behuniak, Chief Operating Officer and President, Southeast Region, PCS PRIMECO, L. P., a Delaware Limited Partnership, who, acknowledged the foregoing instrument on behalf of the partnership. r;~ ary Public - Stat~f Florida Print/type name: v1 Personally Known p.rod~ lc1ent:1flcaLloIl c of Identification rroduced-- f'" ~'-C'\~ ,_ .:..~r: E L('F"jI ATCC!'...t..t:"'r' ~ ., .....c...'lO"':"t ''-'''\r. c.;i"~~ ;;. e.r,. tJl!1OQ J J _ c.' Stt",~ In,J.f'-:. cc.s.:.m~ fr~~i)(,~-,=" C1 01-.... l O. Page 3 of 4 1' .,' 1: .. ., EXHtEITE.. D.P.. 627.5 p~~~ 1887 1, R. G. WHITEHEAD, dul~' appointed City Clerk of the City ofI, Clearwater, Florida, certify the foregoing to be a true and correct copy of Resolution No. 76 - 8 adopt~d by the City Commission On the 15th day of January A.D. 1976 Witness my hand and the seal of the City of Clearwater, this 16th da y of January A.D. J 'II 0 . Public- Private Partnership CITY OF CLEARWATER, FLORIDA April 2002 SCHEDULE C REVENUE SHARING AGREEMENT TIllS REVENUE SHARING AGREEMENT, made this _ day of , 2002, by and between MIA-COM PRIVATE RADIO SYSTEMS, INC., a Delaware corporation hereinafter "MIA-COM"), and CITY OF CLEARWATER, FLORIDA, a municipal corporation in the State of Florida (hereinafter "CITY OF CLEARW ATER"). WITNESSETH: WHEREAS, MIA-COM and CITY OF CLEARWATER are Parties ("the Parties") to a Tower Agreement (Tower Agreement) of even date herewith, pursuant to which MIA-COM is to have the sole marketing rights and assume maintenance of two towers from the CITY OF CLEARWATER all as more explicitly defined in the Tower Agreement and its supporting infrastructure currently being utilized by CITY OF CLEARWATER; and WHEREAS, CITY OF CLEARWATER has agreed as part of the transaction to simultaneously enter into a Service and Access Agreement ("Service Agreement") with MIA-COM to provide management and maintenance of and for the Communications System for a term of twenty (20) years; and WHEREAS, MIA-COM intends to actively market and solicit additional eligible third- party tenants (the Third-Party Tower Tenants) to the Communications System in order to generate additional revenues; and WHEREAS, MIA-COM has agreed that CITY OF CLEARWATER shall share in the additional revenues generated by the marketing of the Communications System to Third-Party Tower Tenants; and WHEREAS, the Parties desire to set forth in writing their understanding regarding the respective rights and obligations pertaining to the sharing of the revenues generated by Third- Party Tower Tenants. NOW, THEREFORE, in consideration of the mutual premises and intending to be legally bound hereby, the Parties agree as follows: 1. Marketine: Rie:hts MIA-COM, with CITY OF CLEARWATER's consent, such consent not to be unreasonably withheld, shall have the right to the future marketing of the tower and site facilities portion of the Communications System to eligible Third-Party Tenants. Company Proprietary and Confidential tqeD / Electronics ~Revenue Sharing Agreement Page 1 Public-Private Partnership CITY OF CLEARWATER, FLORIDA Accepted Accounting Principles. CITY OF CLEARWATER and its duly authorized representatives at CITY OF CLEARWATER's sole expense, shall have the right at all reasonable hours of a working day and upon reasonable notice, to perform an examination of such books of account and record and of all other documents and material which are relevant to this matter. CITY OF CLEARWATER shall have access thereto for said purposes and for the purpose of making copies therefrom at CITY OF CLEARWATER'S expense. All books of accounts and records shall be kept available for at least one (1) year after the termination of this Agreement. April 2002 5. Payment Terms MIA-COM shall either payor provide a credit pursuant to Section 8.4 of the Service Agreement to CITY OF CLEARWATER its proportionate share of the Revenues as defined herein on a quarterly basis, within thirty (30) days of the end of each calendar quarter and shall provide with each payment, a summary setting forth the name of each Third-Party Tower Tenant, the Revenues received during the calendar quarter and the portion of the Revenues paid to CITY OF CLEARWATER for the calendar quarter. 6. MIA-COM agrees to conduct its services in a safe and lawful manner and to comply with appropriate federal, state, and local laws, ordinances, orders, rules, and regulations that may be applicable to the services being provided to the Third-Party Tower Tenants. 7. Nothing contained in this Agreement shall require MIA-COM to generate any revenues whatsoever and MIA-COM shall only be obligated to utilize only such efforts as it believes prudent to successfully market and solicit eligible Third-Party Tower Tenants for the tower and site facilities portion of the Communications System. 8. CITY OF CLEARWATER acknowledges and agrees that it shall be entitled to share in only those Gross Revenues generated as a result of Third-Party Tower Tenants for the tower and site facilities used within the Communications System and shall not be entitled to any other revenues (Service Access or otherwise) directly or indirectly generated by assets which are not within the Communications System or as may be generated by any different radio telecommunications assets or systems owned by MIA-COM, unless otherwise indicated in the Service Agreement and Schedules A through E incorporated therein. 9. Either party may assign its rights and obligations under this Agreement with the written consent to the other, which consent shall not be unreasonably withheld, provided such assignment shall be binding upon its successors, heirs, assigns, and legal representatives. 10. The terms, covenants, and provisions of this Revenue Sharing Agreement shall extend to and be binding upon the respective executors, administrators, heirs, and permitted assigns of the parties. Company Proprietary and Confidential tileD / Electronics Revenue Sharing Agreement Page 3 Public- Private Partnership CITY OF CLEARWATER, FLORIDA April 2002 IN WITNESS WHEREOF, the Parties hereto have executed and acknowledged this Agreement, the day and year first above written. ATTEST: MIA-COM PRIVATE RADIO SYSTEMS, INC. By: Title: Countersigned:CITY OF CLEARWATER, FLORIDA By: Brian J. Aungst Mayor-Commissioner William B. Home IT City Manager Approved as to form:Attest: Assistant City Attorney Cynthia E. Goudeau City Clerk Company Proprietary and Confidential tqeD / Electronics ~Revenue Sharing Agreement Page 5 Public- Private Partnership CITY OF CLEARWATER, FLORIDA April 2002 SCHEDULE D TOWER AGREEMENT THIS TOWER AGREEMENT is made and entered into as of this 1st day of July, 2002, by and between the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation (herein "City" or "The City"), and MIA-COM Private Radio Systems, Inc., a Delaware corporation (herein "MIA-COM"), having its general offices at 3315 Old Forest Road, Lynchburg, Virginia 24501. All terms defined herein shall be for the sole purpose of the Tower Agreement. 1. Premises: The City hereby grants to MIA-COM and MIA-COM hereby accepts from the City an exclusive License to use not more than 7219 square feet of land area situated within the chain link fenced boundaries enclosing each of the City's two (2) existing radio communications towers. a) Communication Tower - operational upon the grounds of the City's Northeast Water Pollution Control Plant, 3290 S,R, 580 and McMullen Booth Road (herein, WPC site") located at Latitude 28001 '54" North and Longitude 82042'16" West, and at b) Communication Tower - operational at 1400 Young Street upon the grounds of park property under lease by the City from the Florida Department of Transportation by virtue of that certain 99 year lease dated January 19, 1976 and that ceIiain Modification of Lease dated January 26, 1986, all being recorded in O.R. Book 6275, Pages 1880 through 1888, in the Public Records of Pinellas County, Florida, located at Latitude 27056' 42" North, and Longitude 82047' 13" West (herein, "Missouri site"). The communications towers, together with the land upon which they are located, are referred to herein as the" Premises." Final site specific engineering plans and load factor calculations regarding the respective site is subject to final approval by authorized City officials prior to commencement of any construction or installation of any communications equipment by MIA-COM, its employees, agents or contractors, 2, Communications Equipment: The City hereby grants permISSIOn to MIA-COM to install and operate such communications equipment, building, electrical generator using propane fuel and associated equipment on and within the Premises as MIA-COM deems appropriate. In this agreement, all of the equipment, buildings, panels, generators, cables, wires, antennas, and accessories are referred to collectively as "Communications Equipment" or Communications Centers," Company Proprietary ami Confidential Tower Agreement Page 1 1:qCD Electronics ~~ Public- Private Partnership CITY OF CLEARWATER, FLORIDA April 2002 3. Term: The primary term ("Primary Term") of this Agreement shall be for twenty (20) years commencing on July L 2002 (the "Commencement Date") and terminating at Midnight, September 30, 2022, subject to extensions as set forth in Paragraph 8 below. The Commencement Date as set forth herein shall coincide and be identical with the first day of the first month in which MIA-COM intends to enter upon the Premises, but in no event later than 90 days following the date of this Agreement as first above written. MIA-COM shall provide written notice of the intended Commencement Date to the office of the City Attorney, 112 South Osceola Avenue, Clearwater, Florida 34616 not later than ten 10) business days prior to said Commencement Date. 4, Consideration. Contemporaneous with the execution of this License Agreement, the City and MIA-COM are entering into a Service and Access Agreement (the Service Agreement"). M/A-COM's fulfillment of its obligations pursuant to the Service Agreement and this License Agreement is in total consideration of this License Agreement. There shall be no additional consideration due from MIA-COM to the City, 5, Use: MIA-COM will use the Premises for the purpose of constructing and operating Communications Centers as provided herein. MIA-COM will abide by all local, state and federal laws and obtain all permits and licenses necessary to operate the systems. MIA-COM shall use the Premises for no other purposes without the prior written consent of the City. 6, Access: MIA-COM shall have ingress and egress to the Premises on a 24- hour basis for the purposes of maintenance, installation, repair and removal of said Communications Equipment. Provided, however, the only authorized engineers or employees of MIA-COM, or persons under MlA-COM's direct supervision, will be permitted to enter the said Premises, and their entry shall be for the purpose of installing, removing, or repairing the Communications Equipment and for no other purpose. MIA-COM shall notify City in advance of its need to install, remove, or repair the Communications Equipment located on the Premises, except in the case of an emergency in which event notification shall be given as soon as reasonably possible. Access requiring entrance into or onto the communications towers shall be coordinated with the General Services Department of the City with respect to the communications towers. 7, Utilities at M/A-COM's Cost: MIA-COM shall be solely responsible for and promptly pay all charges for electricity, telephone and any other utility used or consumed by MIA-COM on the Leased Premises. The City shall advise MIA-COM and fully cooperate with any utility company or the City requesting an easement over and across the Premises or other lands owned by the City in order that such utility company may provide service to MIA-COM. If additional easement is required to provide such utility services to the Missouri site, the City will cooperate with MIA-COM in seeking the grant of such easement from the State of Florida Department of Transportation, MIA-COM shall have an electrical current meter installed at the Premises and have the right to run underground or overhead utility lines, in compliance with the City's Land Development Code, directly from the utility source to the Communications Equipment. The cost of such meter and of installation, maintenance Company Proprietary and tqCD Electronics ~()111 Tower Agreement Confidential I Page 2 Public- Private Partnership CITY OF CLEARWATER, FLORIDA April 2002 and repair thereof shall be paid by MIA-COM. MIA-COM and the utility company providing services to MIA-COM shall have access to all areas of the Premises, or other lands of the City, necessary for installation, maintenance and repair of such services; provided, that access requiring entrance into or onto the communications towers shall be coordinated with the General Services Department of the City. 8, Extensions: MIA-COM and the City must mutually agree to terms to extend this License by one (1) additional term of five (5) years, 9, Holdin2 Over: If MIA-COM requires use of the Premises after expiration of the primary term or any extension of this License, without the exercise of an option or the execution by the City and MIA-COM of a new License, then MIA-COM shall be deemed to be occupying the Premises as a tenant-at-sufferance on a month-to-month basis, subject to all the covenants and obligations of this License at monthly rent rate of $3,125. The payment of such monthly rental amount shall be due and payable by the first day of the month succeeding the expiration of the final month of the License term previously granted by the City. 10, Notices: a)Any notice shall be in writing and shall be delivered by hand or sent by United States registered or certified mail, postage prepaid, addressed as follows: CITY City Manager City of Clearwater p, 0, Box 4748 Clearwater, FL 34618-4748 MIA-COM MIA-COM Private Radio Systems, Inc, p, 0, Box 2000 Lynchburg, VA 24501 Attn: General Manager Copy to City Clerk:Copy to: General Counsel b) Either party may change its address and telephone number(s) to which notice shall be given by delivering notice of such change as provided above. Notice shall be deemed given when delivered if delivered by hand, or when postmarked if sent properly by mail. 11. Liabilitv and Indemnitv: MIA-COM agrees to indemnify and hold the City harmless from all claims (including costs and expenses of defending against such claims) arising or alleged to arise from the negligence or willful misconduct of MIA-COM or M/A-COM's agents, employees or contractors occurring during the term of this License or any extensions in or about the Premises, MIA-COM agrees to use and occupy the Premises at its own risk and hereby releases the City, its agents and employees, from all claims for any damage or injury brought on by MIA-COM to the full extent permitted by Company Proprietary and tileD Electronics ~~ Tower Agreement Confidential I Page 3 Public- Private Partnership CITY OF CLEARWATER, FLORIDA April 2002 16. Tests: MIA-COM is hereby given the right to survey, soil test, radio coverage test, and conduct any other investigations needed to determine if the surface and location of the Premises is suitable for construction and installation of the Communications Equipment prior to the Commencement Date as defined in Paragraph 3. The terms of Paragraph 11 shall also apply. 17. Fixtures: The City covenants and agrees that no part of the improvements constructed, erected or placed by MIA-COM on the Premises or other real property owned by the City shall be or become, or be considered as being, affixed to or a part of the City's real property, any and all provisions and principles of law to the contrary notwithstanding. All improvements of every kind and nature constructed, erected or placed by MIA-COM on the Premises shall be and remain the property of the CITY 18. Assie:nment and Sublicensine:: MIA-COM may assign or sublicense the Premises or any part thereof without the consent of the City but consistent with the Ordinances of the City only if MIA-COM remains liable for fulfillment of all it's obligations under this License and the nature of the use is not changed and the assignment is made to an affiliate of MIA-COM. Notice shall be given to the City by MACOM of the assignment and sublicensing within fifteen days. All other assignments shall require the City's prior written consent, which consent shall not be unreasonably withheld, MIA-COM shall not use the Premises as security for any loans. 19. Memorandum of License Ae:reement: Following the execution of this License, either party, at its sole expense, shall be entitled to file the Memorandum of License Agreement (attached as Exhibit "D") of record in the public records of Pinellas County, Florida. 20. Other Conditions: a) The City acknowledges that following the execution of this License, MIA-COM will contact appropriate local governmental agencies for the purpose of obtaining all building permits and approvals, zoning changes and approvals, variances, use permits and other governmental permits and approvals Local Permits") necessary for the construction, operation and maintenance of the Communications Equipment on the Premises. The City agrees to fully cooperate with MIA-COM in obtaining the local permits and, without limiting the generality of the foregoing, to execute any applications, maps, certificate or other documents that may be required in connection with the local permits. b) Whenever under the License the consent or approval of either party is required or a determination must be made by either party, no such consent or approval shall be unreasonably withheld or delayed, and all such determinations shall be made on a reasonable basis and in a reasonable manner. Company Proprietary and Confidential tileD E1ecrronics ~Tower Agreement Page 6 Public- Private Partnership CITY OF CLEARWATER, FLORIDA April 2002 c) The City covenants that MIA-COM shall, upon observing the covenants and conditions herein upon its part to be observed, peaceably and quietly hold and enjoy the Premises during the term of this License or as it may be extended without hindrance or ejection by the City, any person or persons claiming under the City, or any other Licensee or tenant of the City. d) MIA-COM covenants and agrees that MlA-COM's Communications Equipment and installation, operation and maintenance will: 1) Not negligently, damage the Communication Towers. 2) Not interfere with the operation of the City's radio or other communications equipment, or that of other Licensees or tenants currently utilizing the towers or Premises for such purposes within 100 yards of the Premises. In the event there is interference by MIA-COM, MIA-COM will promptly take all steps necessary to correct and eliminate same with a reasonable period of time. If MIA-COM is unable to eliminate such interference caused by it within a reasonable period of time, MIA-COM agrees, subject to the provisions of Sections 12 and 13 hereof, to remove its antennas from the City's property and this Agreement shall terminate. 3) Comply with all applicable rules and regulations of the Federal Communications Commission and the ordinances of the City, including but not limited to the building and electrical codes of the City. e) If the Premises are damaged by reason of the fault or negligence of the City so as to render it substantially unusable for MlA-COM's use, the City, at its expense, shall restore the City's towers and/or buildings to their condition prior to such damage. Provided, however, in the event the City fails to repair the Premises within the said ninety- (90) day period, MIA-COM shall have the right to terminate this License and the Service Agreement with no further obligations hereunder. If the Premises are damaged due to any other reason, it shall be MlA-COM's responsibility, at its expense and option, to restore such Premises. t) During the term of this License, the City will not grant a similar license to any other party. 21. Radon Gas Notification: As required by Section 404.056(8), Florida Statutes, MIA-COM shall take notice of the following: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information Company Proprietary and Confidential tileD E1ecrronics ~Tower Agreement Page 7 Public-Private Partnership CITY OF CLEARWATER, FLORIDA April 2002 IN WITNESS WHEREOF, the parties hereto have executed this Lease as ofthe date and year first above written. t,~~ WITNESS Print Name E. Sue Tomlin M/A-COM PRNATE RADIO SYSTEMS, INC. By tZ.ft Name: Roger Boucher Title: VP and General Counsel STATE OF \Jl( t ~0-... : 4\ OF. l6"\( .l--. };Ji '- (r (\.C)) _ .... ') . _, BEFORE ME, the undersigned, personally appearecr-J l" ~<f "j-:1C'(<' 0/tpr the ~- ,1-",-- vV! ?) 2CtJ? ofM/A-COM Private Radio Systeni~, Inc" a Delaware corpodtion, who a~knowledged the foregoing instrument on behalf of the corporation. j;;----" NO~~bl~\.Lj~; ~f.'I~) Print/type name~-f ')evr, Ol"S5J')tV My commission expires: / Personally known Provided Identification V Type of Identification Provided t<.erri L, Sissney NOTARY PUBLIC iITlmonwealth of Virginia ommission Expires 4/30/04 OR L, Company Proprietary and Confidential tileD Electronics ~Tower Agreement Page 9 Public-Private Partnership CITY OF CLEARWATER, FLORIDA April 2002 IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date and year first above written. M/A-COM PRIVATE RADIO SYSTEMS, INC, o~~ WITNESS Print Name E. Sue Tomlin ByarV~ Name: Roger Boucher Title: VP and General Counsel STATE OF Vllrt~~'L : C. i-\ b OF 't5}',p ~ bL<.y 5" '. ..............--., BEFORE ME, the undersigned, personally appeared ~sev' ~):;:0Dhcv the Vu,:,,'--L~ 2tLrz ofM/A-COM Private Radio Systems~Inc., a Delaware corporation, who acknowledged the foregoing instr:m~ of the corporation. j~ '. '-~ Print/type name:- 'r I c' My commission expires: Personally known Provided Identification \,../'/ Type of Identification Provided D. L . Kerri L. Sissney NOTARY PUBLIC Commo~wealth of VirginiaMyCommissionExpires4/30/04 OR Company Proprietary and Confidential tllCD E1ectronic$ ~()11 Tower Agreement Page 9 Public- Private Partnership CITY OF CLEARWATER, FLORIDA April, 2002 I.INTERPRETA TION 1.1 DEFINITIONS In this Service Agreement, the following terms shall have the following respective meanings: Affiliate" means any other entity or person that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the specified entity or person. CITY OF CLEARWATER", "CITY" or "City" means the City of Clearwater, Florida, U.S.A., a municipal corporation in the State of Florida, U.S.A. Communications System" means the communications facilities, equipment and other improvements described in Schedule A hereto, under System Description. MIA-COM" means MIA-COM Private Radio Systems, Inc., and any successors or assigns thereto as permitted hereunder. Connectivity" means City of Clearwater leased or City owned telephone lines or fiber network used to connect equipment to the Communications System. Contract Documents" means this Service Agreement and all Schedules incorporated herein. Effective Date" means the effective date of this Service Agreement, which is the date set forth in the opening paragraph hereof. Existing Contracts" means City of Clearwater contracts and agreements for hardware maintenance, support services and construction as identified in Schedule B hereto. Existing System" means all of the assets comprising the existing CITY OF CLEARWATER owned EDACS system but not including any FCC Licenses. HVAC" means Heating Ventilation and Air Conditioning. Upgrade" means all of the assets comprising the hardware and services associated with an upgrade to the Existing EDACS System. FCC" means the Federal Communications Commission, or any other similar or successor agency of the federal government administering the Communications Act. Company Proprietary and Confidential 1:qCD / Elecrronics Service and Access Agreement Page 3 Public-Private Partnership CITY OF CLEARWATER, FLORIDA April, 2002 FCC Licenses" means the Licenses currently held by CITY OF CLEARWATER or issued in the future to CITY OF CLEARWATER for use of spectrum at 800 MHz to provide radio communications. Governmental Authority" means any nation or government, any state of other political subdivision thereof, any municipal, local, city or county government, and any entity exercising executive, legislative, judicial, regulatory or administration functions of or pertaining to government. Initial Term" means the initial contract term as defined in Section 2.1. Parties" means the parties to this Service Agreement and "Party" means either one of them. Quarterly Payments" means the fees that CITY OF CLEARWATER agrees to pay four times a year as set forth in Section 7.2 hereto. Secured Debt" means any obligations issued by MIA-COM, or its Affiliates, which are secured in whole or in part by payments made by CITY OF CLEARWATER pursuant to this Service Agreement. Service Agreement" means this Service and Access Agreement and all Schedules hereto, as the same may be amended and supplemented from time to time as provided herein. Term" means the Initial Term and the Term Extension(s) as permitted in Section 2, if any. Third Party Tower Tenants" means eligible tower users to which MIA-COM, CITY OF CLEARWATER, or third-party Tower Owner provides equipment space on one or more of the associated towers usually for a fee or other consideration. UPS" means Uninterruptible Power Supply. 1.2 OTHER DEFINITIONS Other terms used in this Service Agreement shall have the respective meanings given such terms herein, 1.3 SCHEDULES The following is a list of the schedules attached to and incorporated into this Service Agreement and deemed to be a part of this Service Agreement (the "Schedules"): Statement of Work: Schedule A contains MlA-COM's statement of work that includes the following parts: Overview - an outline of project responsibilities; System Description - a description of the current CITY OF CLEARWATER system. CITY OF CLEARW ATER tower sites information is also discussed in this document; Company Proprietary and Confidential tqeD / Electronics Service and Access Agreement Page 4 Public-Private Partnership CITY OF CLEARWATER, FLORIDA April, 2002 Transition Plan - the transition plan that is suggested by MIA-COM; Future Maintenance Plan - the maintenance plan that will be followed by MIA-COM; and Determination of Service Levels - the service levels which MIA-COM agrees to perform. Existing Contracts: Schedule B describes all contracts and agreements relating to the Existing System. Revenue Sharing Agreement: Schedule C outlines the terms and conditions associated with the sharing of revenue from existing or future Third Party Tower Tenants and/or Third Party Subscribers described in Section 8.3 herein. Tower Agreement: Schedule D provides the tower use agreement User Gear: Schedule E lists the User Gear to be provided by MIA-COM to the CITY OF CLEARWATER at no additional charge. 1.4 PARTIES' ADDRESSES All notices under this Service Agreement shall be in writing and shall be deemed to have been duly given upon being delivered personally or upon receipt if mailed by certified mail, return receipt requested. Notices shall be sent to the representative's named below or any subsequent representative for whom notice was provided pursuant to this section. If to MIA-COM, to: MIA-COM Private Radio Systems, Inc. 3315 Old Forest Road Lynchburg, Virginia 24501 Fax: 434-385-2182 If to City of Clearwater, to: City Manager City of Clearwater 112 S. Osceola Ave Clearwater, Fl. 33756 Fax: 727-562-4052 Company Proprietary and Confidential Service and Access Agreement Page 5 tileD Electronics ~~ Public- Private Partnership CITY OF CLEARWATER, FLORIDA 4.5 CITY OF CLEARWATER SYSTEM MANAGER CITY OF CLEARWATER shall designate a contact person ("CITY OF CLEARWATER System Manager") who shall be the primary interface with MIA-COM. CITY OF CLEARWATER may designate a new System Manager at any time during the Term upon providing MIA-COM with 30 days prior written notice. April, 2002 4.6 COMMUNICATIONS SYSTEM USE PLANNING During the Term of this Service Agreement, CITY OF CLEARWATER shall notify M/ A-COM of any CITY OF CLEARWATER sponsored or mandated activities, changes, plans or events that may affect the operations of the Communications System, 4.7 USE OF FACILITIES AND SUPPORT SERVICES CITY OF CLEARWATER shall, at no charge to MIA-COM: A. Provide access to and use of the facility locations described in Schedule A, 24 hours a day, seven days a week B. MIA-COM shall comply with all policies and procedures governing access to and use of CITY OF CLEARW ATER facilities. C.CITY OF CLEARWATER shall maintain the required connectivity, as set forth in Schedule A, in good operating condition. D. Upon entering into this Agreement and the Tower Agreement (Schedule D), any and all obligations of MIA-COM to make lease payments to the CITY OF CLEARWATER pursuant to that lease between the CITY OF CLEARWATER and MIA-COM dated shall terminate although such lease shall remain in full force and effect. In no event shall MIA-COM be considered a Third Party Tower Tenant. 48 REGULATORY APPROVALS CITY OF CLEARWATER and MIA-COM shall cooperate to obtain all regulatory licenses, consents and approvals reasonably necessary for the ownership and operation of the Communications System. CITY OF CLEARWATER shall pay all charges, fees and taxes in regard to obtaining such licenses, consents and approvals. In addition, CITY OF CLEARWATER and MIA-COM shall cooperate in obtaining the use of needed sites including, but not limited to, all zoning and land use permits relating to the Communications System. Company Proprietary and Confidential 1:'1CD Electronics ~()tt Service and Access Agreement Page 12 Public-Private Partnership CITY OF CLEARWATER, FLORIDA 11.7 ENTIRE AGREEMENT This Service Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the Parties and there are no warranties, representations or other agreements between the Parties in connection with the subject matter hereof except as specifically set forth in this Service Agreement. April, 2002 11.8 GOVERNING LAW This Service Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 11.9 PUBLIC REGULATION AND FREQUENCY LICENSES This Service Agreement is subject to all of the terms and conditions associated with all of CITY OF CLEARW A TER outstanding FCC Licenses, applications and authorizations from the FCC and other federal, state and local government agencies with respect to the Communications System. CITY OF CLEARWATER shall retain control over its licensed frequencies at all times as required by Section 31 D( d) of the Communications Act, as amended, and by FCC rules and policies, and shall carry out all policy decisions, including approving the filing of FCC applications, with respect thereto. Nothing in this Service Agreement shall give MIA-COM, directly or indirectly, the right to control or direct CITY OF CLEARWATER exercise of ultimate authority over its FCC licenses. In providing these services, MIA-COM shall take no action that would cause any of the FCC Licenses to be revoked, or that would result in a transfer of control or assignment of the FCC Licenses without necessary FCC approval. MIA-COM shall cooperate with CITY OF CLEARW ATER in providing all information necessary to ensure that all FCC Licenses remain valid and in full force and effect. This Service Agreement is not intended to convey any FCC license, channel or frequency possessed by CITY OF CLEARWATER. MlA-COM's rights with respect to all such licenses, channels and frequencies shall at all times be strictly limited to the management of any such licenses, channels and frequencies. 11.10 LIMITATIONS OF LIABILITY A. The entire liability of MIA-COM, its directors, officers, employees and agents and customer's exclusive remedy with respect to any claim concerning MlA-COM's performance or non-performance of the terms of this Service Agreement or any claim for breach or default or for any other claim arising under or related in any way to this Agreement shall be the recovery of CITY OF CLEARWATER actual direct damages but which shall in no event exceed the greater of (x), the amount of any applicable insurance required by this Service Agreement, or (y), the amount Company Proprietary and Confidential Service and Access Agreement Page 28 SECOND AMENDMENT TO SERVICE AND ACCESS AGREEMENT THIS SECOND AMENDMENT (this "Amendment ") to SERVICE AND ACCESS AGREEMENT dated July 1, 2002, as amended by the First Amendment dated November 8, 2005 (collectively, the "Agreement ") is entered into as of the r-/ 'day of y t 2015 ( "Effective Date ") by and between HARRIS CORPORATION, a Delaware corporation, successor -in- interest to M/A -COM, Inc. under the Agreement (as defined below) ( "Harris "), and The City of Clearwater, Florida (the "City "). RECITALS WHEREAS, the parties entered into the Agreement for the installation of a Communications System and related services thereto, as further described in the Agreement. WHEREAS, Harris' predecessor -in- interest and Sprintcom, Inc. ( "Sprint ") , are parties to that certain Communications Site Sublicense Agreement (Tower) dated July 17, 2007 (the Original Sublicense Agreement" pursuant to which Sublicensor sublicensed to Sublicensee space on a telecommunications tower and approximately three hundred seventy -five (375) square feet of space located in the City of Clearwater, Florida, commonly known as 1417 S. Missouri Avenue, as more particularly described therein for use in connection with providing communications services; WHEREAS, Harris desires to provide Sprint with a limited and conditional right under the Sublicense Agreement to engage directly with the City for rental of tower space on conditions set forth in the Sublicense Agreement; WHEREAS, the City and Sprint cannot engage directly for rental of tower space under the conditions to be detailed in the Sublicense Agreement, unless the SERVICE AND ACCESS AGREEMENT is amended as follows; and NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows as of the Effective Date, unless otherwise indicated: 1. Amendment. Section 8.2. Shall be amended to add the following underlined language to the first sentence of this section: "M/A -COM, or its successors in interest, shall have the sole right to negotiate all future leases for all Third -Party Tower Tenants, which must be approved in writing by the CITY OF CLEARWATER, such approval not be unreasonably withheld; however, the City shall have the right to directly negotiate a license or lease with Third -Party Tower Tenants only after M/A -COM has terminated its sublicense agreement or portions of the sublicense agreement effecting M/A -COM's rights under the Agreement, provided the City is not in default under its obligations to M/A -COM under the Agreement. 2. Miscellaneous. a. The terms and conditions of the Agreement, except as amended herein, shall remain in full force and effect. b. This Amendment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, but all of which together shall constitute one and the same instrument. Executed signature pages delivered by electronic mail or facsimile shall be deemed effective as original signature pages. c. Each of the parties represents and warrants that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under this Amendment. GM06- 2088 - 002/ 164886/ 1 ] Signature page follows] 2 IN WITNESS WHEREOF, the parties have executed this First Amendment to Communications Site Sublicense Agreement (Tower) as of the day and year first above written. HARRIS: HARRIS CORPORATION, a Delaware corporation By: Name: Title: Witnesses: ff7Rlc /R K. 1/41161/44 Print Name: Print Name. COUNTERSIGNED AS TO THE CITY OF CLEARWATER, FLORIDA: ctdOCtt'\C (.V10( George N. Cretekos Mayor Camilo A. Soto Assistant City Attorney 61872488 v3- WorkSiteUS- 028055/0078 GM06- 2088 - 002/164886/1 ] By: William B. Horne II City Manager Attest: Rosemarie Call City Clerk 3 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3313 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Approve License and Services Agreements to Tyler Technologies, Inc. of Yarmouth, ME, for an amount not to exceed $2,094,449.00 for financial accounting software licensing, software maintenance, and professional services, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City has used Aptean’s Ross Financial Software (Ross) since 1992, specifically the current version since 2004. Ross has become an increasingly poor fit for the unique aspects of governmental accounting. The City’s agreement with Aptean expires in September 2019, and the system will be retired at that time. In October 2015, the Information Technology and Finance departments formed a project team and contracted SoftResources, an unbiased software selection consulting firm, to aid in the procurement and contract negotiations for a new system. The process kicked off in November 2015 with three days of workshops in which the team and SoftResources staff collected questionnaires and held face-to-face meetings with more than 50 Ross users across the City, representing all City departments. Feedback was analyzed and used to create a needs assessment report listing over 150 functional requirements. This information formed the Scope of Work for RFP #16-16 issued on March 15, 2016. On April 28, 2016, ten proposals were received and nine were deemed responsive to the proposal’s requirements. In September 2016 two firms, SunGard and Tyler Technologies, each held two-day demonstrations at the Main library, led by SoftResources. The demonstrations were attended by more than 75 employees from sixteen departments. City employees provided evaluation feedback, and the indication by large margin and in agreement with the project team, was a preference for Tyler Technologies and their product Munis. SoftResources and the project team have worked together with Tyler’s sales, implementation and legal staff to create a statement of work and contract for the licensing, installation, configuration, training, professional services and maintenance related to the implementation of the product. The following modules and services will be implemented: accounting, general ledger, budget, accounts payable, cash management, contract management, fixed assets, project and grant accounting, procurement, accounts receivable, general billing, forms processing, content management, analytic and reporting, systems management (optional), disaster recovery (optional), and change management. Page 1 City of Clearwater Printed on 3/13/2017 File Number: ID#17-3313 The requested not-to-exceed amount includes all implementation expenses for licensing, professional services, travel, hardware, and a project contingency of 12% ($1,870,044 and a contingency of $224,405). Total cost-of-ownership for the first 5 years is anticipated to be $839,420 for software maintenance and hardware upgrade. The implementation for phase one, consisting of the above-listed elements, is projected to take approximately 13 to 14 months. Future phases are contracted as options, and may include: bid management, cashiering, eProcurement, asset scanning, employee expense reimbursement, HR management, applicant tracking, payroll with employee self-service, professional development, risk management, and a transparency portal. The evaluation of future modules could result in the reduction and replacement of software applications across the City, the largest one being our current HR/payroll solution PeopleSoft. Tyler, founded in 1966 with over 15,000 current clients, is the largest company in the U.S. solely dedicated to public sector software and services. Munis will transform the City’s financials into the future with options such as user dashboards, electronic documents, more detailed and timely reporting abilities, and streamlined procure-to-pay processes. APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in the Finance CIP project cost codes 94828-564300 (computer software >$5,000) and 94828-530100 (professional services) for planned expenditures in the current fiscal year. Any implementation expenditures for future fiscal years will be budgeted in the same project. Maintenance and hardware expenses in out years will be budgeted in the IT Admin Services budget. Page 2 City of Clearwater Printed on 3/13/2017 1 LICENSE AND SERVICES AGREEMENT This License and Services Agreement is made between Tyler Technologies, Inc. and Client. WHEREAS, Client selected Tyler to license the software products and perform the services set forth in the Investment Summary and Tyler desires to perform such actions under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows: SECTION A – DEFINITIONS • “Agreement” means this License and Services Agreement. • “Business Travel Policy” means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B. • “Client” means the City of Clearwater. • “Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation. • “Developer” means a third party who owns the intellectual property rights to Third Party Software. • “Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • “Effective Date” means the date on which your authorized representative signs the Agreement. • “Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. • “Investment Summary” means the agreed upon cost proposal for the software, products, and services attached as Exhibit A. • “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B. • “Maintenance and Support Agreement” means the terms and conditions governing the provision of maintenance and support services to all of our customers. A copy of our current Maintenance and Support Agreement is attached as Exhibit C. • “Statement of Work” means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler Software, and outlining your and our roles and responsibilities in connection with that implementation. The Statement of Work is attached as Exhibit E. • “Support Call Process” means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C. 2 • “Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the Third Party Software, as applicable and attached as Exhibit D. • “Third Party Hardware” means the third party hardware, if any, identified in the Investment Summary. • “Third Party Products” means the Third Party Software and Third Party Hardware. • “Third Party Software” means the third party software, if any, identified in the Investment Summary. • “Tyler” means Tyler Technologies, Inc., a Delaware corporation. • “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement. • “we”, “us”, “our” and similar terms mean Tyler. • “you” and similar terms mean Client. SECTION B – SOFTWARE LICENSE 1. License Grant and Restrictions. 1.1 We grant to you a license to use the Tyler Software for your internal business purposes only, in the scope of the internal business purposes disclosed to us as of the Effective Date. You may make copies of the Tyler Software for backup and testing purposes, so long as such copies are not used in production and the testing is for internal use only. Your rights to use the Tyler Software are perpetual but may be revoked if you do not comply with the terms of this Agreement. 1.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non- commercial reference purposes only. 1.3 You may not: (a) transfer or assign the Tyler Software to a third party; (b) reverse engineer, decompile, or disassemble the Tyler Software; (c) rent, lease, lend, or provide commercial hosting services with the Tyler Software; or (d) publish or otherwise disclose the Tyler Software or Documentation to third parties. 1.4 The license terms in this Agreement apply to updates and enhancements we may provide to you or make available to you through your Maintenance and Support Agreement. 1.5 The right to transfer the Tyler Software to a replacement hardware system is included in your license. You will give us advance written notice of any such transfer and will pay us for any required or requested technical assistance from us associated with such transfer. 1.6 We reserve all rights not expressly granted to you in this Agreement. The Tyler Software and Documentation are protected by copyright and other intellectual property laws and treaties. We own the title, copyright, and other intellectual property rights in the Tyler Software and the Documentation. The Tyler Software is licensed, not sold. 2. License Fees. You agree to pay us the license fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. 3. Escrow. We maintain an escrow agreement with a third party under which we place the source code for each major release of the Tyler Software. You may be added as a beneficiary to the escrow agreement by completing a standard beneficiary enrollment form and paying the annual beneficiary fee set forth in the Investment Summary. You will be responsible for maintaining your ongoing status as a beneficiary, including 3 payment of the then-current annual beneficiary fees. Release of source code for the Tyler Software is strictly governed by the terms of the escrow agreement. 4. Limited Warranty. We warrant that the Tyler Software will be without Defect(s) as long as you have a Maintenance and Support Agreement in effect. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect as set forth in the Maintenance and Support Agreement. SECTION C – PROFESSIONAL SERVICES 1. Services. We will provide you the various implementation-related services itemized in the Investment Summary and described in the Statement of Work. 2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours. 3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote. 4. Cancellation. We make all reasonable efforts to schedule our personnel for travel, including arranging travel reservations, at least two (2) weeks in advance of commitments. Therefore, if you cancel services less than two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) non- refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you cancel within two (2) weeks of scheduled commitments. 5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re- perform such services at no additional cost to you. 6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us. You further agree to provide a reasonably suitable environment, location, and space for the installation of the Tyler Software and any Third Party Products, including, without limitation, sufficient electrical circuits, cables, and other reasonably necessary items required for the installation and operation of the Tyler Software and any Third Party Products. 7. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate 4 with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation-related services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission). SECTION D – MAINTENANCE AND SUPPORT This Agreement includes the period of free maintenance and support services identified in the Invoicing and Payment Policy. If you have purchased ongoing maintenance and support services, and continue to make timely payments for them according to our Invoicing and Payment Policy, we will provide you with maintenance and support services for the Tyler Software under the terms of our standard Maintenance and Support Agreement. If you have opted not to purchase ongoing maintenance and support services for the Tyler Software, the Maintenance and Support Agreement does not apply to you. Instead, you will only receive ongoing maintenance and support on the Tyler Software on a time and materials basis. In addition, you will: (i) receive the lowest priority under our Support Call Process; (ii) be required to purchase new releases of the Tyler Software, including fixes, enhancements and patches; (iii) be charged our then-current rates for support services, or such other rates that we may consider necessary to account for your lack of ongoing training on the Tyler Software; (iv) be charged for a minimum of two (2) hours of support services for every support call; and (v) not be granted access to the support website for the Tyler Software or the Tyler Community Forum. SECTION E – THIRD PARTY PRODUCTS To the extent there are any Third Party Products set forth in the Investment Summary, the following terms and conditions will apply: 1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. 2. Third Party Software. Upon payment in full of the Third Party Software license fees, you will receive a non- transferable license to use the Third Party Software and related documentation for your internal business purposes only. Your license rights to the Third Party Software will be governed by the Third Party Terms. 2.1 We will install onsite the Third Party Software. The installation cost is included in the installation fee in the Investment Summary. 2.2 If the Developer charges a fee for future updates, releases, or other enhancements to the Third Party Software, you will be required to pay such additional future fee. 2.3 The right to transfer the Third Party Software to a replacement hardware system is governed by the Developer. You will give us advance written notice of any such transfer and will pay us for any required 5 or requested technical assistance from us associated with such transfer. 3. Third Party Products Warranties. 3.1 We are authorized by each Developer to grant or transfer the licenses to the Third Party Software. 3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware. 3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products. 4. Maintenance. If you have a Maintenance and Support Agreement in effect, you may report defects and other issues related to the Third Party Software directly to us, and we will (a) directly address the defect or issue, to the extent it relates to our interface with the Third Party Software; and/or (b) facilitate resolution with the Developer, unless that Developer requires that you have a separate, direct maintenance agreement in effect with that Developer. In all events, if you do not have a Maintenance and Support Agreement in effect with us, you will be responsible for resolving defects and other issues related to the Third Party Software directly with the Developer. SECTION F – INVOICING AND PAYMENT; INVOICE DISPUTES 1. Invoicing and Payment. We will invoice you for all fees set forth in the Investment Summary per our Invoicing and Payment Policy, subject to Section F(2). 2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so. SECTION G – TERMINATION 1. For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section I(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section I(3). In the event of termination for cause, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. 2. Lack of Appropriations. If you should not appropriate or otherwise receive funds sufficient to purchase, 6 lease, operate, or maintain the software or services set forth in this Agreement, you may unilaterally terminate this Agreement effective on the final day of the fiscal year through which you have funding. You will make every effort to give us at least thirty (30) days written notice prior to a termination for lack of appropriations. In the event of termination due to a lack of appropriations, you will pay us for all undisputed fees and expenses related to the software and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Any disputed fees and expenses must have been submitted to the Invoice Dispute process set forth in Section F(2) at the time of termination in order to be withheld at termination. You will not be entitled to a refund or offset of previously paid license and other fees. 3. Force Majeure. Except for your payment obligations, either you or we may terminate this Agreement if a Force Majeure event suspends performance of scheduled tasks for a period of forty-five (45) days or more. In the event of termination due to Force Majeure, you will pay us for all undisputed fees and expenses related to the software and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Any disputed fees and expenses must have been submitted to the Invoice Dispute process set forth in Section F(2) at the time of termination in order to be withheld at termination. You will not be entitled to a refund or offset of previously paid license and other fees. SECTION H – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE 1. Intellectual Property Infringement Indemnification. 1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 1.2 Our obligations under this Section H(1) will not apply to the extent the claim or adverse final judgment is based on your: (a) use of a previous version of the Tyler Software and the claim would have been avoided had you installed and used the current version of the Tyler Software, and we provided notice of that requirement to you; (b) combining the Tyler Software with any product or device not provided, contemplated, or approved by us; (c) altering or modifying the Tyler Software, including any modification by third parties at your direction or otherwise permitted by you; (d) use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties; or (e) willful infringement, including use of the Tyler Software after we notify you to discontinue use due to such a claim. 1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement. 1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or 7 settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non-infringing; (c) replace it with a functional equivalent; or (d) terminate your license and refund the license fees paid for the infringing Tyler Software, as depreciated on a straight- line basis measured over seven (7) years from the Effective Date. We will pursue those options in the order listed herein. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims. 2. General Indemnification. 2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement. We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense. 3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) PRIOR TO FORMAL TRANSITION TO MAINTENANCE AND SUPPORT, THE TOTAL ONE-TIME FEES SET FORTH IN THE INVESTMENT SUMMARY; OR (B) AFTER FORMAL TRANSITION TO MAINTENANCE AND SUPPORT, THE THEN-CURRENT ANNUAL MAINTENANCE AND SUPPORT FEE. THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS H(1) AND H(2). 5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add 8 you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request. SECTION I – GENERAL TERMS AND CONDITIONS 1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date, and thereafter at our then- current list price, by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then-current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum. 2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date. 3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures. 4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement. 5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law. 6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S. Citizenship and Immigration Services Verification Division for all of our employees assigned to your project. 7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld. 8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either 9 your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets. 9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event. 10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms. 11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party. 12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law. 13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter. 14. Independent Contractor. We are an independent contractor for all purposes under this Agreement. 15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party. 16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials. 17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and 10 includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that: (a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents; (b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure; (c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law. 18. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license. 19. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law. 20. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature. Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement. 21. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement. 22. Contract Documents. This Agreement includes the following exhibits: Exhibit A Investment Summary Exhibit B Invoicing and Payment Policy Schedule 1: Business Travel Policy Exhibit C Maintenance and Support Agreement Schedule 1: Support Call Process Exhibit D Third Party Terms Exhibit E Statement of Work Exhibit F Agreement for Tyler Systems Management Exhibit G Disaster Recovery Terms IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the 11 date(s) set forth below. Tyler Technologies, Inc. City of Clearwater By: By: Name: Name: Title: Title: Date: Date: Address for Notices: Address for Notices: Tyler Technologies, Inc. City of Clearwater One Tyler Drive 112 S. Osceola Ave Yarmouth, ME 04096 Clearwater, FL 33756 Attention: Associate General Counsel Attention: 12 Exhibit A Investment Summary The following Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. TO BE INSERTED 13 Exhibit B Invoicing and Payment Policy We will provide you with the software and services set forth in the Investment Summary. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. Invoicing: We will invoice you for the applicable license and services fees in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement. 1. Tyler Software. 1.1 License Fees: License fees are invoiced as follows: (a) 25% on the Effective Date; (b) 60% on the date when we make the applicable Tyler Software available to you for downloading (the “Available Download Date”); and (c) 15% on the earlier of use of the Tyler Software in live production or 180 days after the Available Download Date. 1.2 Maintenance and Support Fees: Year 1 maintenance and support fees are waived through the earlier of (a) availability of the Tyler Software for use in a live production environment; or (b) one (1) year from the Effective Date. Year 2 maintenance and support fees, at our then-current rates, are payable on that earlier-of date, and subsequent maintenance and support fees are invoiced annually in advance of each anniversary thereof. Your fees for each subsequent year will be set at our then- current rates. 2. Professional Services. 2.1 Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary. 2.2 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of the Business System Design document, by module, and 50% upon your acceptance of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis. 2.3 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis. 2.4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in the Maintenance and Support Agreement. 2.5 Other Fixed Price Services: Except as otherwise provided, other fixed price services are invoiced 14 upon complete delivery of the service. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following the project kick-off meeting. 2.6 Change Management Services: If you have purchased any change management services, those services will be invoiced in the following amounts and upon the following milestones: Acceptance of Change Management Discovery Analysis 15% Delivery of Change Management Plan and Strategy Presentation 10% Acceptance of Executive Playbook 15% Acceptance of Resistance Management Plan 15% Acceptance of Procedural Change Communications Plan 10% Change Management Coach Training 20% Change Management After-Action Review 15% 3. Other Services and Fees. 3.1 Systems Management: Systems Management Services are invoiced on the Available Download Date. Systems Management Services will renew automatically for additional one (1) year terms at our then-current Systems Management Services fee, unless terminated in writing by either party at least thirty (30) days prior to the end of the then-current term. 3.2 Disaster Recovery Services: Disaster Recovery Services are invoiced annually in advance upon our receipt of your data. Disaster Recovery services will renew automatically for additional one (1) year terms at our then-current Disaster Recovery fee, unless terminated in writing by either party at least thirty (30) days prior to the end of the then-current term. 4. Third Party Products. 4.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we make it available to you for downloading. 4.2 Third Party Software Maintenance: The first year maintenance fees for the Third Party Software, if any, is invoiced when we make that Third Party Software available to you for downloading. 4.3 Third Party Hardware: Third Party Hardware costs, if any, are invoiced upon delivery. 5. Expenses. The service rates in the Investment Summary do not include travel expenses. Expenses will be billed as incurred and only in accordance with our then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached to this Exhibit B at Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available. Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is: Bank: Wells Fargo Bank, N.A. 420 Montgomery San Francisco, CA 94104 ABA: 121000248 Account: 4124302472 Beneficiary: Tyler Technologies, Inc. – Operating 15 Exhibit B Schedule 1 Business Travel Policy 1. Air Travel A. Reservations & Tickets Tyler’s Travel Management Company (TMC) will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee’s total trip duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee’s total trip duration, the connecting flight should be accepted. Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven day advance booking requirement is mandatory. When booking less than seven days in advance, management approval will be required. Except in the case of international travel where a segment of continuous air travel is scheduled to exceed six hours, only economy or coach class seating is reimbursable. B. Baggage Fees Reimbursement of personal baggage charges are based on trip duration as follows: • Up to five days = one checked bag • Six or more days = two checked bags Baggage fees for sports equipment are not reimbursable. 2. Ground Transportation A. Private Automobile Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations. Employees who have been designated a home office should calculate miles from their home. 16 B. Rental Car Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; additional insurance on the rental agreement should be declined. C. Public Transportation Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately. D. Parking & Tolls When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented. 3. Lodging Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. “No shows” or cancellation fees are not reimbursable if the employee does not comply with the hotel’s cancellation policy. Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately. 4. Meals and Incidental Expenses Employee meals and incidental expenses while on travel status are in accordance with the federal per diem rates published by the General Services Administration. Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem. A. Overnight Travel For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are 17 governed as set forth below. Departure Day Depart before 12:00 noon Lunch and dinner Depart after 12:00 noon Dinner Return Day Return before 12:00 noon Breakfast Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows: • Breakfast 15% • Lunch 25% • Dinner 60% B. Same Day Travel Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.* *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner 5. Internet Access – Hotels and Airports Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable. 18 Exhibit C Maintenance and Support Agreement We will provide you with the following maintenance and support services for the Tyler Software. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. 1. Term. We provide maintenance and support services on an annual basis. The initial term commences on the Effective Date, and remains in effect for one (1) year. The term will renew automatically for additional one (1) year terms unless terminated in writing by either party at least thirty (30) days prior to the end of the then-current term. We will adjust the term to match your first use of the Tyler Software in live production if that event precedes the one (1) year anniversary of the Effective Date. 2. Maintenance and Support Fees. Your year 1 maintenance and support fees for the Tyler Software are listed in the Investment Summary, and your payment obligations are set forth in the Invoicing and Payment Policy. We reserve the right to suspend maintenance and support services if you fail to pay undisputed maintenance and support fees within thirty (30) days of our written notice. We will reinstate maintenance and support services only if you pay all past due maintenance and support fees, including all fees for the periods during which services were suspended. 3. Maintenance and Support Services. As long as you are not using the Help Desk as a substitute for our training services on the Tyler Software, and you timely pay your maintenance and support fees, we will, consistent with our then-current Support Call Process: 3.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (limited to the then-current version and the immediately prior version); provided, however, that if you modify the Tyler Software without our consent, our obligation to provide maintenance and support services on and warrant the Tyler Software will be void; 3.2 provide telephone support during our established support hours; 3.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services; 3.4 provide you with a copy of all major and minor releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and 3.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with our then-current release life cycle policy. 4. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support services 19 remotely. Currently, we use a third-party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain a VPN for backup connectivity purposes. 5. Hardware and Other Systems. If you are a self-hosted customer and, in the process of diagnosing a software support issue, it is discovered that one of your peripheral systems or other software is the cause of the issue, we will notify you so that you may contact the support agency for that peripheral system. We cannot support or maintain Third Party Products except as expressly set forth in the Agreement. In order for us to provide the highest level of software support, you bear the following responsibility related to hardware and software: (a) All infrastructure executing Tyler Software shall be managed by you; (b) You will maintain support contracts for all non-Tyler software associated with Tyler Software (including operating systems and database management systems, but excluding Third-Party Software, if any); and (c) You will perform daily database backups and verify that those backups are successful. 6. Other Excluded Services. Maintenance and support fees do not include fees for the following services: (a) initial installation or implementation of the Tyler Software; (b) onsite maintenance and support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (c) application design; (d) other consulting services; (e) maintenance and support of an operating system or hardware, unless you are a hosted customer; (f) support outside our normal business hours as listed in our then-current Support Call Process; or (g) installation, training services, or third party product costs related to a new release. Requested maintenance and support services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks’ advance notice. 7. Current Support Call Process. Our current Support Call Process for the Tyler Software is attached to this Exhibit C at Schedule 1. 20 Exhibit C Schedule 1 Support Call Process Support Channels Tyler Technologies, Inc. provides the following channels of software support: (1) Tyler Community – an on-line resource, Tyler Community provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (2) On-line submission (portal) – for less urgent and functionality-based questions, users may create unlimited support incidents through the customer relationship management portal available at the Tyler Technologies website. (3) Email – for less urgent situations, users may submit unlimited emails directly to the software support group. (4) Telephone – for urgent or complex questions, users receive toll-free, unlimited telephone software support. Support Resources A number of additional resources are available to provide a comprehensive and complete support experience: (1) Tyler Website – www.tylertech.com – for accessing client tools and other information including support contact information. (2) Tyler Community – available through login, Tyler Community provides a venue for clients to support one another and share best practices and resources. (3) Knowledgebase – A fully searchable depository of thousands of documents related to procedures, best practices, release information, and job aides. (4) Program Updates – where development activity is made available for client consumption Support Availability Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday – Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Clients may receive coverage across these time zones. Tyler’s holiday schedule is outlined below. There will be no support coverage on these days. New Year’s Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Labor Day 21 Issue Handling Incident Tracking Every support incident is logged into Tyler’s Customer Relationship Management System and given a unique incident number. This system tracks the history of each incident. The incident tracking number is used to track and reference open issues when clients contact support. Clients may track incidents, using the incident number, through the portal at Tyler’s website or by calling software support directly. Incident Priority Each incident is assigned a priority number, which corresponds to the client’s needs and deadlines. The client is responsible for reasonably setting the priority of the incident per the chart below. The goal of this structure is to help the client clearly understand and communicate the importance of the issue and to describe expected responses and resolutions. Priority Level Characteristics of Support Incident Resolution Targets 1 Critical Support incident that causes (a) complete application failure or application unavailability; (b) application failure or unavailability in one or more of the client’s remote location; or (c) systemic loss of multiple essential system functions. Tyler shall provide an initial response to Priority Level 1 incidents within one (1) business hour of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents or provide a circumvention procedure within one (1) business day. Tyler’s responsibility for lost or corrupted data is limited to assisting the client in restoring its last available database. 2 High Support incident that causes (a) repeated, consistent failure of essential functionality affecting more than one user or (b) loss or corruption of data. Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents or provide a circumvention procedure within ten (10) business days. Tyler’s responsibility for loss or corrupted data is limited to assisting the client in restoring its last available database. 3 Medium Priority Level 1 incident with an existing circumvention procedure, or a Priority Level 2 incident that affects only one user or for which there is an existing circumvention procedure. Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents without the need for a circumvention procedure with the next published maintenance update or service pack. Tyler’s responsibility for lost or corrupted data is limited to assisting the client in restoring its last available database. 22 Priority Level Characteristics of Support Incident Resolution Targets 4 Non- critical Support incident that causes failure of non-essential functionality or a cosmetic or other issue that does not qualify as any other Priority Level. Tyler shall provide an initial response to Priority Level 4 incidents within two (2) business days. Tyler shall use commercially reasonable efforts to resolve such support incidents, as well as cosmetic issues, with a future version release. Incident Escalation Tyler Technology’s software support consists of four levels of personnel: (1) Level 1: front-line representatives (2) Level 2: more senior in their support role, they assist front-line representatives and take on escalated issues (3) Level 3: assist in incident escalations and specialized client issues (4) Level 4: responsible for the management of support teams for either a single product or a product group If a client feels they are not receiving the service needed, they may contact the appropriate Software Support Manager. After receiving the incident tracking number, the manager will follow up on the open issue and determine the necessary action to meet the client’s needs. On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler encourages clients to communicate the level of urgency or priority of software support issues so that we can respond appropriately. A software support incident can be escalated by any of the following methods: (1) Telephone – for immediate response, call toll-free to either escalate an incident’s priority or to escalate an issue through management channels as described above. (2) Email – clients can send an email to software support in order to escalate the priority of an issue (3) On-line Support Incident Portal – clients can also escalate the priority of an issue by logging into the client incident portal and referencing the appropriate incident tracking number. Remote Support Tool Some support calls require further analysis of the client’s database, process or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Support is able to quickly connect to the client’s desktop and view the site’s setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request. 23 Exhibit D DocOrigin End User License Agreement REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 24 25 26 27 28 29 Exhibit E Statement of Work TO BE INSERTED 30 Exhibit F Agreement For Tyler Systems Management (“TSM”) Invoice to: City of Clearwater (“CUSTOMER”) Contact: INSERT Address: 112 S. Osceola Ave, Clearwater, FL 33756 Telephone: INSERT CUSTOMER agrees to purchase, and Tyler Technologies, Inc. (“TYLER”) agrees to provide, the services listed below in accordance with the following terms and conditions. I. Term of Agreement: This Tyler Systems Management Agreement (herein “TSM Agreement”) is effective as of the Available Download Date of the License and Services Agreement (“Agreement”) between TYLER and the CUSTOMER and shall remain in force for an initial one (1) year term. Upon expiration of that initial term, the TSM Agreement will automatically renew for additional one year terms, at Tyler’s then-current rates, unless terminated by either party at least thirty (30) days’ in advance of the upcoming renewal date. The headings used in the TSM Agreement are for reference purposes only and shall not be deemed a part of this TSM Agreement. II. Scope of the Agreement: Both parties acknowledge that this TSM Agreement covers only the services described below, for the internal business operations of CUSTOMER. III. Payment: 1. Payment obligations are as set forth in the Invoicing and Payment Policy (Exhibit B to the Agreement). 2. Additional Charges. Any systems management services and/or related materials performed or supplied by TYLER for CUSTOMER that are not in-scope, as defined herein, will be invoiced to CUSTOMER on a time and materials basis at TYLER’S then-current rates IV. Covered System: Servers that are required to run the Tyler application. V. Scope of Services: TYLER will provide the following services for the benefit of CUSTOMER: 31 a. TYLER SYSTEMS MANAGEMENT Service is available during TYLER's then-current business hours. TYLER’S current business hours are set forth at http://www.tylertech.com/client-support. CUSTOMER may contact a TSM technician using the contact information set forth at http://www.tylertech.com/client-support. Calls will be recorded and answered on a first in first out basis, except on reports that declare CUSTOMER’s system down, in which case CUSTOMER’s call will be moved to the head of the queue b. TSM services are restricted to the primary production server(s) that the Tyler Software subject to this TSM Agreement is installed on. In cases where a stand-by server is employed, the stand-by server is included within the scope of this TSM Agreement, as long as the stand-by server is only used in the event of the primary production server failing. c. Database: Database administration services are restricted to three TYLER databases: one live database, one training database, and one test database. (1) In cases where additional databases exist, each additional database will be subject to additional fees, which TYLER will quote to CUSTOMER at TYLER’s then-current rates. d. Application Software: In-scope TSM services include two complete sets of the Tyler Software subject to this TSM Agreement: one live set and one test/train set. e. Required Foundation Software: TSM services include the support and installation of all foundation software TYLER requires CUSTOMER to procure to utilize one live, one train and one test database. Required foundation software is set forth at https://check.tylertech.com/. TYLER does not support, and this TSM Agreement does not include support services for, any Microsoft product that is not required foundation software. TYLER will reasonably cooperate with CUSTOMER in investigating issues within the Tyler Software that may be created by a Microsoft product, but it is CUSTOMER’s responsibility to pursue support on Microsoft products directly from Microsoft or its authorized partners. f. TYLER will also perform system administrative tasks on the installed operating system and database administrative tasks on the installed database engine software. g. TYLER will also provide a remote installation and configuration of a new or upgraded server, at CUSTOMER’S request, once every two (2) years. VI. CUSTOMER Responsibilities: a. CUSTOMER shall provide, at no charge to TYLER, full and free access to the programs covered hereunder, including working space; adequate facilities within a reasonable distance from the equipment; and use of machines, attachments, features, or other equipment necessary to provide the specified support and maintenance service. b. CUSTOMER shall install and maintain for the duration of this TSM Agreement a stable high speed network connection available for remote connections. CUSTOMER shall pay for installation, maintenance and use of such equipment and associated communication line use charges. TYLER, at its option, shall use this remote interface in connection with error correction. VI. General 32 a. Non-Assignability: CUSTOMER shall not have the right to assign or transfer its rights hereunder to any party. b. Excused Non-Performance: TYLER shall not be responsible for delays in servicing the products covered by this TSM Agreement caused by strikes, lockouts, riots, epidemic, war, government regulations, fire, power failure, acts of God, or other causes beyond its control. c. Limitation of Liability: TYLER’S liability hereunder shall not exceed CUSTOMER’S actual, direct damages, not to exceed the TSM services fees paid for the year in which CUSTOMER’S claim accrues. CUSTOMER SHALL NOT, IN ANY EVENT, BE ENTITLED TO, AND TYLER SHALL NOT BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF TYLER TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IRRESPECTIVE OF THE NATURE OF CUSTOMER'S CLAIM. d. Governing Law: This TSM Agreement shall be governed by, and construed in accordance with, the laws of CUSTOMER’s state of domicile. The invalidity or unenforceability of any provisions of this agreement shall not affect the validity or enforceability of any other provision. e. Modification of this Contract: No modifications or amendment of this TSM Agreement shall be effective unless set forth in writing and signed by both CUSTOMER and TYLER. f. Suspension: Support and services will be suspended whenever CUSTOMER's account is thirty (30) days overdue. Support and services will be reinstated when CUSTOMER's account is made current by paying all past due fees. g. Reservation of Rights: TYLER reserves all right, title and interest, including but not limited to intellectual property rights, in and to the Tyler Software, the TSM services, and any services or deliverables related thereto, except as expressly set forth in this TSM Agreement. 33 Exhibit G Disaster Recovery Terms WHEREAS, Client desires to enroll in Tyler’s Disaster Recovery Service for the Tyler Software licensed by Client from Tyler, subject to these Disaster Recovery terms; and THEREFORE, Tyler and Client agree as follows: 1. Definitions: Disaster. An unplanned event that is not within the reasonable control of the Client which results in the failure of the Tyler Software Products licensed by Client to perform Critical Processes. A Disaster is not a hardware or network failure that would have been avoided with reasonable diligence and maintenance in accord with the industry standard, a failure otherwise covered by an in-force Agreement Client has with Tyler (e.g., Tyler Annual Maintenance Agreement (“Support Agreement”), Technical Services Agreement, or Tyler Systems Management Agreement, or a failure that can be remedied in less than sixteen (16) business hours. Disaster Recovery Plan. Defined at #2 of Exhibit 1 to this Disaster Recovery Agreement. Critical Processes. Mutually defined in the Disaster Recovery Plan. Critical Users. Mutually defined in the Disaster Recovery Plan. Recovery Point Objective (“RPO”). Amount of time since last successful data transfer. With successful nightly transfer of data, RPO would be no more than twenty-four (24) hours. Recovery Time Objective (“RTO”). Twenty-four (24) business hours after receipt Disaster declaration for Client data not exceeding one (1) terabyte in size, for Critical Users using Critical Processes. RTO for Client data one (1) terabyte in size or greater shall be mutually agreed, specified and incorporated into the Disaster Recovery Plan. Holiday. New Year's Day (January 1), Memorial Day (observed), Independence Day (July 4), Labor Day (observed), Thanksgiving Day, Day after Thanksgiving Day, Christmas Day (December 25). Business Days. Monday through Friday, excluding Holidays. Business Hours. 8 AM – 6 PM (EST) on Business Days. Force Majeure. An event beyond the reasonable control of a party, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, restraints affecting shipping or credit, delay of carriers, inadequate supply of suitable materials or any other cause which could not with reasonable diligence be foreseen, controlled or prevented by the party. 2. Term. The initial term shall commence on receipt by Tyler of Client’s data and shall terminate one (1) year thereafter (“Initial Term”). Disaster Recovery services shall renew automatically for additional one (1) year terms unless terminated in writing by either party at least thirty (30) days prior to the end of the then- current term. In the event the Support Agreement is terminated, Disaster Recovery services shall coetaneously terminate. 3. Disaster Recovery Services. Tyler shall provide the Disaster Recovery services (“DR Services”) as described herein, including any Exhibits and associated appendices. All DR Services shall be provided remotely. In the 34 event the Disaster results in damage to Client’s server(s) and a re-installation of the Tyler Software Products licensed by Client is required as a result of such damage, Tyler shall re-install the Tyler Software Products free of charge if Client is enrolled in Tyler’s OSDBA service (ERP, Munis, TCM) or Technical Services Support (Incode, Eden, TCM). Otherwise, such re-installation shall be obtained from Tyler at Tyler’s then-current installation services rates. Tyler Disaster Recovery staff will contact Client within twelve (12) business hours of any such reinstallation for reinstallation of Disaster Recovery Software. 4. Client Requirements. In order for Tyler to provide DR Services, Client shall: a) Provide high speed internet access, including upload bandwidth sufficient for complete nightly data transfers to comply with applicable RPO b) Comply with then-current minimum hardware and network requirements as specified on Tyler’s support website c) Maintain security and access privileges for Tyler to receive data transfer and reasonably perform activities reasonably necessary for Tyler to provide DR Services d) Permit installation of software required for provision of DR Services in accord with these terms as reasonably determined by Tyler e) Reasonably notify Tyler in advance of any changes in Client’s network that impacts Tyler’s ability to deliver DR Services 5. Clients declare a Disaster by calling Tyler at (207) 781-2260 or (800) 772-2260 and clearly stating that CLIENT IS DECLARING A DISASTER. 6. Disaster Recovery. Client’s Critical Processes will be accessible by Critical Users in accord with the applicable RTO. 7. Data. Data Transfer shall be handled in accord with Exhibit 1 hereto. 8. Release Life Cycle. Tyler shall support prior releases of the Tyler Software Products in accordance with Tyler’s Release Life Cycle Policy. 9. Payment & Price In consideration of the Services provided by Tyler herein, Client shall pay Tyler as indicated in Exhibit B of the Agreement. Thereafter, the annual fee will be invoiced and paid prior to the commencement of the renewal term. 10. Exclusions. a) Tyler’s Disaster Recovery Service shall not be used to replace required on-site backups of Client data for Tyler Software Products licensed by Client. b) The fee paid for Disaster Recovery service does not include, and Client is responsible for the costs associated with: i. Hardware and/or software necessary to remotely access Tyler’s data center, and any and all on- site services. Client may request and purchase on-site services at Tyler’s then-current rates. ii. In the event Client requests Tyler to hand-deliver or courier the critical processes output (such as payroll checks), the cost of such special delivery shall be borne by Client and payable thirty (30) days from receipt of invoice. 35 11. License Terms. Client’s use of the Tyler Software included in the Disaster Recovery Service remains subject to limitations on Client’s use in the License and Services Agreement by which Client licenses such Tyler Software from Tyler, including disclaimer of implied warranties. 36 Exhibit 1 In addition to those services described elsewhere in this exhibit, DR Services are described in the following sections. 1 Data Transfer The electronic transfer solution provides nightly (between the hours of 8 PM and 6 AM) transfer and archiving of Client’s Tyler data and is subject to the following conditions: • Initial data transfer may require portable disk. • Data transferred shall include only items essential to provision of service. • Applications included in the Disaster Recovery service are listed in Appendix A to this Exhibit 1. Such description shall also indicate database and file detail required for provision of DR Services. Tyler Software Products not listed in Appendix A and any non-Tyler Software Product shall not be included in data transfer or the Disaster Recovery Service. • Only production databases are backed up. • Data from the last seven (7) successful data transfers are retained by Tyler. • Total data storage is limited to 200 gigabytes (“GB”). Storage limit may be increased in 200 GB increments by mutual agreement and at additional cost. • Data transferred to Tyler as part of Disaster Recovery Service is not available for Client’s data retrieval or restoration not associated with the Disaster Recovery Service provided by Tyler. Tyler may provide data transferred by Client on an exception basis, upon request. • Tyler is not responsible for the integrity of the data provided by Client to Tyler. Tyler will use the most current viable data to restore Client’s critical processes. • Tyler may use select information from the Client database for research and analysis purposes. • To the extent the database contains confidential information, Tyler shall keep confidential such information in accordance with the confidentiality provisions of the Agreement(s) by which Client licenses the Tyler Software Products from Tyler. • Tyler Disaster Recovery staff will monitor status of data transfers on Business Days. • In the event of two (2) consecutive data transfer failures, Tyler will timely provide notice to Client in order to commence troubleshooting. • Tyler shall have no liability for failure of data transfers not solely caused by Tyler. • Tyler will provide transfer report related to Client data transfer upon request. • Client shall provide to Tyler any required encryption key (or other comparable device), including the right to back-up such key (or device), required to access the transferred data. 2 Disaster Recovery Plan The Disaster Recovery Plan is a mutually drafted document which details, in addition to the services described above in this exhibit, the DR Services Tyler shall provide to Client. The parties’ responsibilities with respect to the Disaster Recovery Plan are further defined below. Tyler’s Responsibilities: • Coordinate activities associated with transfer of data to Tyler’s data center. • Document Disaster Recovery strategy for critical processes. 37 • Review the Disaster Recovery Plan with Client. • Provide reasonable guidance for Disaster Recovery policies and procedures. • Identify modules, databases, applications, and files required for Disaster Recovery service. Client’s Responsibilities: • Provide remote access to Client’s Tyler database server for analysis and configuration of data transfer. • Provide network support if required to enable transfer of data from Client’s server to the Tyler data center. • Provide PCs and high-speed modems for access from Client’s alternate processing location, if required. • Provide technical resources to configure remote access PCs, including Tyler supplied application software, if reasonably required to receive Disaster Recovery services pursuant to this exhibit. • Provide a chain of command document for communication during a disaster. • Maintain the Disaster Recovery Plan and integrate the Disaster Recovery Plan made with Tyler with Client’s comprehensive disaster recovery plan. Shared Responsibilities: • Identify critical users for DR Services. • Identify critical processes for DR services. • Identify RTO. • Draft initial Disaster Recovery Plan within ninety (90) days of commencement of Initial Term. • Define recovery processes for post Disaster operations (mandatory for Odyssey CM clients, optional for all others). 3 DR Services during Disaster A. Upon declaration of a Disaster, Tyler shall provide DR Services from one of its hosting facilities for the duration of the Disaster, not to exceed thirty (30) consecutive Business Days. Use of Tyler’s data center in excess of such period shall require the parties to execute a change order detailing the duration of the extension and the additional cost associated therewith. B. Hosting Services During a Disaster. i. Hosting Services during a Disaster will be provided in accord with Tyler’s then-current standard availability guarantees from its Service Level Agreement for SaaS clients. Any credits issued to Client will be based on the total Disaster Recover fee paid for the then-current term. ii. Tyler will use best efforts to include interfaces for Tyler Software Products covered as part of these DR services. iii. Hosting Services shall not include interfaces or interconnects with 3rd Party Products unless specifically agreed in the Disaster Recovery Plan. C. Processing Assistance During a Disaster includes, as necessary: i. Print Output: a. Payroll Checks b. Retirement Checks c. Accounts Payable Checks. 38 ii. In the event print output is required to be sent non-electronically, Client shall bear the cost of shipment. iii. Transfer of Automated Clearing House (“ACH”) Files to bank on Client’s behalf. Transfer may require pre-notification by Client to bank. D. Clients receiving DR Services during a Disaster receive priority access to Tyler application support. 4 Annual Disaster Recovery Test The parties may review and test the Disaster Recovery service. • Scheduled by parties at least thirty (30) days in advance • Client must provide a list of users who will partake in the test, • Test shall not exceed 2 weeks, • Retest within same year available if initial test not agreed by both parties to be successful 5 Estimated Schedule The services provided pursuant to this exhibit will be performed consistent with the estimated schedule mutually agreed to by Tyler and Client. Tyler and Client agree to promptly perform their respective responsibilities according to such schedule. 6 Tyler’s Other Responsibilities Project management services are provided as part of the Disaster Recovery service. Tyler will designate a Project Manager who will be Tyler’s contact for all communications with Client and will have the authority to act on Tyler’s behalf in matters regarding this Statement of Work. Tyler’s project manager will perform the following tasks: • Review Statement of Work with Client’s project manager. • Review current project status. • Recommend changes or additions to the project as appropriate. • Administer the change control procedure. • Review and evaluate the progress of the project with Client’s project manager to resolve any necessary changes. 7 Client’s Other Responsibilities Tyler’s performance is predicated upon the following responsibilities being fulfilled by Client: Prior to the start of the Statement of Work, Client will designate, in writing, a person who will be Client’s Project Manager who will be Client’s contact for all communications with Tyler and who has the authority to act on behalf of Client in all aspects of the Statement of Work. The Project Manager will perform the following activities: • Interface between Tyler’s Project Manager and Client’s organization. • Administer project change control with Tyler’s project manager. • Arrange reasonable access to Client’s data for project personnel, as reasonably required. 39 • Conduct any communication through Tyler’s Project Manager. • Help resolve and escalate project issues within Client’s organization as required. • Obtain and provide project requirements, data, decisions and approvals within five (5) business days of request. If such requirements, data, decisions or approvals are delayed beyond the time specified, Client agrees to relieve Tyler of its responsibility for the affected Service until Client performs that obligation. • Accept responsibility for the data files, selection and implementation of controls for Client’s location, and security of the stored data. Client acknowledge that it is Client’s responsibility to identify and make the interpretation of any applicable federal, state and local laws, regulations and statutes. 8 Project Change Control Procedure When Tyler and Client agree to a change in the Disaster Recovery Plan, Tyler will prepare a written description of the agreed change which both Tyler and Client must sign. The Change Order will describe the change, the rationale for the change, and specify any change in the charges, estimated schedule, or other terms. When charges are necessary in order for Tyler to analyze a change, Tyler will give Client a written estimate and begin the analysis only after Client’s written authorization. Revised: 02/23/2017 Statement of Work Enterprise Group, Tyler Technologies Prepared for: City of Clearwater 112 S Osceola Ave, Clearwater, FL 33756 Prepared by: Penny Parsons One Tyler Drive, Yarmouth, ME 04096 Tyler Technologies, Inc. www.tylertech.com 2 / 67 Contents 1 EXECUTIVE SUMMARY .................................................................................................................6 1.1 PROJECT OVERVIEW ............................................................................................................................ 6 1.2 PRODUCT SUMMARY ........................................................................................................................... 6 1.3 PROJECT TIMELINE .............................................................................................................................. 6 1.4 PROJECT METHODOLOGY OVERVIEW ..................................................................................................... 7 2 PROJECT GOVERNANCE ...............................................................................................................8 2.1 CITY GOVERNANCE .............................................................................................................................. 8 2.1.1 City Project Manager ............................................................................................................... 8 2.1.2 City Steering Committee .......................................................................................................... 8 2.1.3 City Executive Sponsor(s) ......................................................................................................... 9 2.2 TYLER GOVERNANCE ............................................................................................................................ 9 2.2.1 Tyler Project Manager ............................................................................................................. 9 2.2.2 Tyler Implementation Management ..................................................................................... 10 2.2.3 Tyler Executive Management ................................................................................................ 11 2.3 ACCEPTANCE AND ACKNOWLEDGMENT PROCESS ................................................................................... 12 3 PROJECT SCOPE ......................................................................................................................... 13 3.1 SOFTWARE ....................................................................................................................................... 13 3.2 DATA CONVERSION ........................................................................................................................... 13 3.3 EXTENDED ANALYSIS .......................................................................................................................... 13 3.4 REPORTS ......................................................................................................................................... 13 3.4.1 SSRS Reporting ...................................................................................................................... 13 3.4.2 Custom SSRS Reports ............................................................................................................. 13 3.5 TYLER FORMS ................................................................................................................................... 13 3.5.1 Financial Library .................................................................................................................... 14 3.5.2 General Billing Library ........................................................................................................... 14 3.6 IMPORTS AND EXPORTS ...................................................................................................................... 14 3.6.1 Custom Imports and Exports ................................................................................................. 14 3.7 THIRD PARTY HARDWARE, SOFTWARE AND SERVICES .............................................................................. 14 4 OVERALL PROJECT ASSUMPTIONS ............................................................................................. 16 4.1 PROJECT, RESOURCES AND SCHEDULING ............................................................................................... 16 4.2 EDUCATION ...................................................................................................................................... 16 4.3 DATA CONVERSION ........................................................................................................................... 17 3 / 67 4.4 DATA EXCHANGES, MODIFICATIONS ..................................................................................................... 18 4.5 FORMS AND REPORTS ........................................................................................................................ 18 4.6 HARDWARE AND SOFTWARE ............................................................................................................... 18 4.7 SECURITY DESIGN AND SETUP ............................................................................................................. 18 4.8 WORKFLOW DESIGN AND SETUP ......................................................................................................... 19 4.9 TESTING .......................................................................................................................................... 19 4.10 FACILITIES .................................................................................................................................... 19 5 IMPLEMENTATION STAGES ........................................................................................................ 20 5.1 WORK BREAKDOWN STRUCTURE (WBS) .............................................................................................. 20 5.2 INITIATE & PLAN (STAGE 1) ................................................................................................................ 22 5.2.1 Tyler Internal Coordination & Planning ................................................................................. 22 5.2.2 System Infrastructure Planning ............................................................................................. 23 5.2.3 Project/Phase Planning ......................................................................................................... 24 5.2.4 Project Schedule .................................................................................................................... 25 5.2.5 Stakeholder Presentation ...................................................................................................... 26 5.2.6 Control Point 1: Initiate & Plan Stage Acceptance ................................................................ 27 5.3 ASSESS & DEFINE (STAGE 2) ............................................................................................................... 28 5.3.1 Fundamentals Review ........................................................................................................... 28 5.3.3 Current/Future State Analysis ............................................................................................... 29 5.3.4 Data Conversion Planning & Mapping .................................................................................. 30 5.3.5 Standard 3rd Party Data Exchange Planning ........................................................................ 31 5.3.6 Forms & Reports Planning ..................................................................................................... 33 5.3.7 System Deployment ............................................................................................................... 34 5.3.8 Control Point 2: Assess & Define Stage Acceptance .............................................................. 35 5.4 BUILD & VALIDATE (STAGE 3) ............................................................................................................. 37 5.4.1 Configuration & Power User Training ................................................................................... 37 5.4.2 Data Conversion & Validation ............................................................................................... 38 5.4.3 Standard 3rd Party Data Exchange Validation ..................................................................... 39 5.4.5 Forms & Reports Validation .................................................................................................. 41 5.4.6 Control Point 3: Build & Validate Stage Acceptance ............................................................. 42 5.5 FINAL TESTING & TRAINING (STAGE 4) ................................................................................................. 43 5.5.1 Cutover Planning ................................................................................................................... 43 5.5.2 User Acceptance Testing (UAT) ............................................................................................. 44 5.5.3 End User Training .................................................................................................................. 45 5.5.4 Control Point 4: Final Testing & Training Stage Acceptance ................................................. 46 5.6 PRODUCTION CUTOVER (STAGE 5) ....................................................................................................... 47 5.6.1 Final Data Conversion, if applicable ...................................................................................... 47 5.6.2 Production Processing & Assistance ...................................................................................... 48 5.6.3 Transition to Tyler Support .................................................................................................... 49 5.6.4 Schedule Post-Production Services, if applicable .................................................................. 50 5.6.5 Control Point 5: Production Cutover Stage Acceptance ........................................................ 51 4 / 67 5.7 PHASE/PROJECT CLOSURE (STAGE 6) ................................................................................................... 52 5.7.1 Close Phase/Project ............................................................................................................... 52 5.7.2 Control Point 6: Phase/Project Closure Stage Acceptance .................................................... 53 6 ROLES AND RESPONSIBILITIES .................................................................................................... 54 6.1 TYLER ROLES AND RESPONSIBILITIES ..................................................................................................... 54 6.1.1 Tyler Executive Management ................................................................................................ 54 6.1.2 Tyler Implementation Management ..................................................................................... 54 6.1.3 Tyler Project Manager ........................................................................................................... 54 6.1.4 Tyler Implementation Consultant .......................................................................................... 55 6.1.5 Tyler Sales .............................................................................................................................. 56 6.1.6 Tyler Software Support .......................................................................................................... 56 6.1.7 Tyler Disaster Recovery Support ............................................................................................ 56 6.1.8 Tyler Systems Management Services .................................................................................... 56 6.2 CITY ROLES AND RESPONSIBILITIES ....................................................................................................... 57 6.2.1 City Executive Sponsor ........................................................................................................... 57 6.2.2 City Steering Committee ........................................................................................................ 57 6.2.3 City Project Manager ............................................................................................................. 57 6.2.4 City Functional Leads ............................................................................................................. 59 6.2.5 City Power Users .................................................................................................................... 59 6.2.6 City End Users ........................................................................................................................ 60 6.2.7 City Technical Support ........................................................................................................... 60 6.2.8 City Upgrade Coordinator ..................................................................................................... 60 6.2.9 City Project Toolset Coordinator ........................................................................................... 60 6.2.10 City Change Management Lead ............................................................................................ 61 7 GLOSSARY ................................................................................................................................. 62 8 MUNIS CONVERSION SUMMARY ............................................................................................... 65 8.1 ACCOUNTING COA ........................................................................................................................... 65 8.2 ACCOUNTING - ACTUALS .................................................................................................................... 65 8.3 ACCOUNTING - BUDGETS .................................................................................................................... 65 8.4 ACCOUNTS PAYABLE VENDOR MASTER ................................................................................................. 65 8.5 ACCOUNTS PAYABLE - CHECKS ............................................................................................................ 65 8.6 ACCOUNTS PAYABLE - INVOICES .......................................................................................................... 65 8.7 CONTRACTS ..................................................................................................................................... 65 8.8 FIXED ASSETS MASTER ....................................................................................................................... 66 8.9 FIXED ASSETS - HISTORY ..................................................................................................................... 66 8.10 GENERAL BILLING CID .................................................................................................................... 66 8.11 GENERAL BILLING – RECURRING INVOICES ......................................................................................... 66 8.12 GENERAL BILLING – BILLS ............................................................................................................... 66 8.13 PROJECT GRANT ACCOUNTING ........................................................................................................ 66 5 / 67 8.14 PROJECT GRANT ACCOUNTING - ACTUALS ......................................................................................... 66 8.15 PROJECT GRANT ACCOUNTING – BUDGET ......................................................................................... 66 8.16 PURCHASE ORDERS ........................................................................................................................ 66 6 / 67 1 Executive Summary 1.1 Project Overview The Statement of Work (SOW) documents the Project scope, methodology, roles and responsibilities, implementation stages, and deliverables for the implementation of Tyler products. The Project goals are to offer the City of Clearwater (City) the opportunity to make the City more accessible and responsive to external and internal customer needs and more efficient in its operations through: • Positioning the City to meet its current and future strategic objectives. • Making information easily and broadly available to internal and external consumers of data. • Streamlining business processes. • Minimizing manual processes, reduce paper, and increase usage of automation where possible. • Automating manual tasks and improve efficiency. • Minimizing the use of shadow systems. • Promoting the adoption of best practices and the development of policies and procedures. • Providing intuitive systems that are easy to navigate. • Supporting query and reporting of data in the user’s desired format. • Supporting or complimenting the desired technical architecture. • Facilitating integration with other systems. 1.2 Product Summary Below, is a summary of the products included in this Project, as well as reference to the City’s functional area utilizing the Tyler product(s). Refer to Project Scope section for information containing detailed service components. [PRODUCT] [FUNCTIONALITY] Munis Financial Management Munis Procurement Munis CAFR Reporting Munis Accounts Receivable and Collections Munis Tyler Reporting Services Tyler Enterprise Document Management 1.3 Project Timeline The Project Timeline establishes an estimated start and end date for each major Phase of the Project. More fully discussed and developed during the Initiate & Plan Stage, and revised as mutually agreed to, the timeline must account for the City’s resource availability, business goals, the size and complexity of the Project, and task duration requirements. The dates in the Statement of Work are targets only and are based on a thirteen (13) month overall project implementation. The start date for the project and all other associated dates are dependent on 7 / 67 the actual date the Agreement is signed and personnel can be assembled. Tyler has up to forty (45) days to initiate the project once the Licenses and Services Agreement (Agreement) is signed. Phasing and Live Dates as estimated below are subject to a fully executed Agreement by March 16, 2017. Phase 1 – Financials Phase Initiation – April, 2017 Phase Production Cutover Date – April 2, 2018 Estimated Duration – 13 months (including post live1) 1.4 Project Methodology Overview Tyler bases its implementation methodology on the Project Management Institute’s (PMI) Process Groups (Initiating, Planning, Executing, Monitoring & Controlling, and Closing). Using this model, Tyler developed a 6-Stage Process specifically designed to focus on critical Project success measurement factors. Tailored specifically for Tyler’s public sector clients, the Project methodology contains Stage Acceptance Control Points throughout each Phase to ensure adherence to Scope, budget, timeline controls, effective communications, and quality standards. Clearly defined, the Project methodology repeats consistently across Phases, and is scaled to meet the City’s complexity, and organizational needs. 1 This references initial support for Go Live Activities only and does not include other scheduled post live activities such as Month End, Year End, CAFR, and other post live activities that may be scheduled beyond the thirteenth month. 8 / 67 2 Project Governance The purpose of this section is to define the resources required to adequately establish the business needs, objectives, and priorities for the Project; communicate the goals to other Project participants; and provide support and guidance to accomplish these goals. Project governance also defines the structure for issue escalation and resolution, Change Control review and authority, and organizational change management activities. The preliminary governance structure establishes a clear escalation path when issues and risks require escalation above the Project Manager level. Further refinement of the governance structure, related processes, and specific roles and responsibilities occurs during the Initiate & Plan Stage. The path below illustrates an overall team perspective where Tyler and the City collaborate to resolve Project challenges according to defined escalation paths. In the event Project Managers do not possess authority to determine a solution, resolve an issue, or mitigate a risk, Tyler implementation management and the City steering committee become the escalation points to triage responses prior to escalation to the City and Tyler executive sponsors. As part of the escalation process, each Project governance tier presents recommendations and supporting information to facilitate knowledge transfer and issue resolution. The City and Tyler executive sponsors serve as the final escalation point. 2.1 City Governance Depending on the City’s organizational structure and size, the following governance roles may be filled by one or more people: 2.1.1 City Project Manager The City’s Project Manager will coordinate project team members, Power Users, and the overall implementation schedule and serve as the primary point of contact with Tyler. The Project Manager will be responsible for reporting to the City’s Executive Steering Committee and providing the leadership for the City’s change management communications and coaching effort. City Project Manager Title Expected Commitment Key Personnel2 Yes 2.1.2 City Steering Committee The City steering committee understands and supports the cultural change necessary for the Project and fosters an appreciation of the Project’s value throughout the organization. Oversees the City Project 2 Key Personnel are City Staff who have significant roles in the completion of the project, whose absence leaves a gap requiring significant knowledge transfer to a replacement, potential for missed deadlines or substantially changed policy or procedure decisions. 9 / 67 Manager and the Project as a whole and through participation in regular internal meetings, the City steering committee remains updated on all Project progress, Project decisions, and achievement of Project milestones. The City steering committee also provides support to the City Project Manager by communicating the importance of the Project to all impacted departments. The City steering committee is responsible for ensuring the Project has appropriate resources, provides strategic direction to the Project team, for making timely decisions on critical Project issues or policy decisions. The City steering committee also serves as primary level of issue resolution for the Project. City Steering Committee Title Expected Commitment Key Personnel 2.1.3 City Executive Sponsor(s) The City’s Executive Sponsor provides support to the Project by allocating resources, providing strategic direction, and communicating key issues about the Project and the Project’s overall importance to the organization. When called upon, the executive sponsor also acts as the final authority on all escalated Project issues. The executive sponsor engages in the Project, as needed, in order to provide necessary support, oversight, guidance, and escalation, but does not participate in day-to-day Project activities. The executive sponsor empowers the City steering committee, Project Manager(s), and functional leads to make critical business decisions for the City. City Executive Sponsor(s) Title Expected Commitment Key Personnel 2.2 Tyler Governance 2.2.1 Tyler Project Manager The Tyler Project Manager has direct involvement with the Project and coordinates Project team members, implementation consultants, the overall implementation schedule, and serves as the 10 / 67 primary point of contact with the City. If requested, the Tyler Project Manager provides regular updates to the City’s steering committee and other Tyler governance members. Tyler Resource Title Expected Commitment Key Personnel TBD Project Manager 50% Yes The Tyler 50% Dedicated Project Manager service is further defined as follows: PM Service Description Dedicated PM (50%) Onsite kickoff & Planning Yes Weekly PM time 20 hours3 Onsite PM time 2 days per month Status Reviews Bi-weekly; weekly approaching go-live Steering Committee Meetings Onsite (coinciding with monthly trip) Go-live Planning Onsite Go Live Onsite 2.2.2 Tyler Implementation Management Tyler implementation management has indirect involvement with the Project and is part of the Tyler escalation process. The Tyler Project Manager consults implementation management on issues and outstanding decisions critical to the Project. Implementation management works toward a solution with the Tyler Project Manager(s) or with the City management, as appropriate. Tyler Resource Title Expected Commitment Key Personnel Penny Parsons, PMP Implementation Director As Needed No Ginger Hain, PMP Implementation Manager As Needed No Becky Terry, PMP Implementation Manager As Needed No . 3 40 hours includes PTO, Tyler-observed holidays, Tyler Company meetings and associated travel and part-time project management is pro-rated accordingly. 11 / 67 2.2.3 Tyler Executive Management Tyler executive management has indirect involvement with the Project and is part of the Tyler escalation process. This team member offers additional support to the Project team and collaborates with other Tyler department managers, as needed, in order to escalate and facilitate implementation Project tasks and decisions. Tyler Resource Title Expected Commitment Key Personnel Chris Webster, PMP Vice President, Implementation As Needed No 12 / 67 2.3 Acceptance and Acknowledgment Process All Deliverables and Control Points must be accepted or acknowledged following the process below. Acceptance requires a formal sign-off4 while acknowledgement may be provided without formal sign-off at the time of delivery. The following process will be used for accepting or acknowledging Deliverables and Control Points: • The City shall have (ten (10) business days from the date of delivery, or as otherwise mutually agreed upon by the parties in writing, to accept or acknowledge each Deliverable or Control Point. If the City does not provide acceptance or acknowledgement within ten (10) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted. • If the City does not agree the particular Deliverable or Control Point meets requirements, the City shall notify Tyler Project Manager, in writing, with reasoning within ten (10) business days, or the otherwise agreed-upon timeframe, not to be unreasonably withheld, of receipt of the Deliverable. • Tyler shall address any deficiencies and redeliver the Deliverable or Control Point. The City shall then have two (2) business days from receipt of the redelivered Deliverable or Control Point to accept or again submit written notification of reasons for rejecting the milestone. If the City does not provide acceptance or acknowledgement within two (2) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted. 4 Tyler uses electronic sign-offs, processed and tracked through all stages in SharePoint workflow. 13 / 67 3 Project Scope 3.1 Software All software listed in the Investment Summary will be implemented in Phase 1. 3.2 Data Conversion All data conversions listed in the Investment Summary will be performed in Phase 1. Further description of the data conversions can be found in Section 9. 3.3 Extended Analysis Tyler will deliver Extended Analysis for all modules specified in the Investment Summary in Phase 1. Extended Analysis includes additional time spent on Current and Future State Analysis, in-depth review of business process options in Munis, completed Analysis Questionnaires (Design Document), including documenting City’s decisions through the Extended Analysis sessions. 3.4 Reports All in scope standard reports (those designated with an “SR” or “Standard Report”) in Tyler’s response to Exhibit F – Functional Requirements, or identified as standard reports in Tyler’s documentation for the current version (e.g. training manuals, systems administration document, and collateral material) will be produced directly out of Munis. 3.4.1 SSRS Reporting Training will be conducted immediately following the Phase 1 Go Live. Should custom SSRS reports be required for the Phase 1 Go Live, Tyler will modify the training schedule to occur once there is sufficient data in Munis to produce reports. Tyler will train identified City users on SSRS utilizing the allocated training days. SSRS training does not include writing custom reports. 3.4.2 Custom SSRS Reports Should the City require Tyler to develop custom SSRS Reports, the City will submit a written request, with a report outline included, to the Tyler SSRS Report Writing Team. The Report Writing Team will provide a specification and quote to the City. If approved by the City, the report will be developed and the quoted number of days will be deducted from the bank of ten (10) Report Development - Custom Allowance days. 3.5 Tyler Forms The following forms will be delivered in Phase 1: 14 / 67 3.5.1 Financial Library5 • 1 A/P check • 1 EFT/ACH • 3 Purchase order • 4 Contract • 1099M • 1099INT • 1099S • 1099G 3.5.2 General Billing Library • 1 invoice • 1 statement • 1 general billing receipt • 1 miscellaneous receipt 3.6 Imports and Exports The standard file layouts and methods will be used for each import and export not requiring customization as listed in Tyler’s response to Exhibit F - Functional Requirements. Munis has many flexible file layouts and options for importing and exporting data. 3.6.1 Custom Imports and Exports The following custom imports or exports will be delivered, if needed, in Phase 1. If the import or export requirements can be met using a standard file layout, the custom imports and imports will be removed by the contract change process. • AP/PR Check Recon Import • AP Positive Pay Export Format • P-Card Import Format Programming for check reconciliation import and positive pay export assumes one bank format each. Multiple bank formats are extra. 3.7 Third Party Hardware, Software and Services Tyler will deliver the following third party hardware in Phase 1: 5 Includes digitizing three signatures, additional charges will apply for additional signatures. Investment Summary lists additional Purchase Order and Contract forms under Tyler Forms Individual Financial Form (5). 15 / 67 • One (1) Tyler Secure Signature System with 2 3 Keys 16 / 67 4 Overall Project Assumptions 4.1 Project, Resources and Scheduling • Project activities will begin after the Agreement has been fully executed. • The City and Tyler have the ability to allocate additional internal resources if needed. • The City and Tyler ensure that the assigned resources are available, they buy-into the change process, and they possess the required business knowledge to complete their assigned tasks successfully. Should there be a change in resources, the replacement resource should have a comparable level of availability, buy-in, and knowledge. • Tyler and the City provide adequate resources to support the efforts to complete the Project as scheduled and within the constraints of the Project budget. • Abbreviated timelines and overlapped Phases can result in Project delays if there are not sufficient resources assigned to complete all required work as scheduled. • Changes to Project Plan, schedule, availability of resources or changes in Scope may result in schedule delays, which may result in additional charges to the Project. • Tyler provides a written agenda and notice of any prerequisites to the City Project Manager ten (10) business days prior to any scheduled on site or remote sessions. • Tyler provides notice of any prerequisites to the City Project Manager a minimum of ten (10) business days prior to any key Deliverable due dates. • City users complete prerequisites prior to applicable scheduled activities and the City Project Manager notifies Tyler Project Manager of progress. • Tyler provides options for configuration and processing options available within the Tyler software. The City is responsible for making decisions based on the options available. • In the event the City may elect to add and/or modify current business policies during the course of this Project, such policy changes are the City’s responsibility to define, document, implement with advice from Tyler. • The City makes timely Project related decisions in order to achieve scheduled due dates on tasks and prepare for subsequent training sessions. Decisions left unmade may affect the Project schedule, as each analysis and implementation session builds on the decisions made in prior sessions. Tyler will allocate time for the City to make these decisions as part of the plan. • Tyler considers additional services beyond the budgeted hours out of Scope and requires additional hours be requested via Change Request approved through the Change Control process. • Both Tyler and the City will respond to information requests in a comprehensive and timely manner, in accordance with the Project schedule. 4.2 Education • Tyler will introduce the City’s Functional Leads to high-level Munis concepts, process flow, and terminology prior to Current State & Future State through Fundamentals Review sessions. • Tyler will train all City Power Users on their respective process area(s) in Munis. The training will utilize Standard Process Manuals as guidelines for process flow and to encourage customization of manuals. • Tyler will train all Power Users using available implementation days outlined in the Agreement according to the project schedule. 17 / 67 • Power User Training will include formal classroom style process training and informal issue resolution training. • Tyler will train the City’s Central Office End Users on the Munis processes that are designated as End User processes. • Tyler’s proposal includes fifteen (15) days of Decentralized End User Training. The City will identify how many End Users need to be trained and Tyler will prepare an estimate indicating how the fifteen (15) days will be allocated for the City’s end user training needs. Further end user training, outside of the fifteen days, is the responsibility of the City, unless the City notifies Tyler that they would like to utilize the thirty (30) Implementation days to perform end user training, once quoted. • Tyler provides a Learning Management System known as Tyler University to facilitate more rapid learning. Tyler University is loaded with course curriculum and corresponding courses for users of all types. City users will complete assigned, prerequisite coursework as scheduled and assigned by Tyler. 4.3 Data Conversion • The City is readily available to produce the data files needed for conversion from the Legacy System in order to provide them to Tyler on the specified due date(s). • Each Legacy System data file submitted for conversion includes all associated records provided in a well-structured format. A mapping of what is to be converted must be provided in addition to a definition of the source data and structure. The acceptable formats are listed below: o MS SQL backup (.bak) o Text Files(ASCII) § Delimited – The delimiter can be anything that is not part of the source data. For example, please do not use a comma if there are text fields that include commas in the source data. Use a double quote text qualifier only when the source data does not include double quotes. Common delimiters include a tab or pipe. § Fixed Width – If fixed width files are provided please include a data definition file to include the column names and lengths of the files. o MS Access DB – If database is locked please provide the necessary password to access the data. o MS Excel – If the data is not native to excel please do not move it to excel unless absolutely necessary. Excel will make assumptions on formatting and possibly change the source data causing problems. o Fox-Pro database o PICK – data must be sent normalized.. • The City understands the Legacy System data file must be in the same format each time unless changes are mutually agreed upon in advance. If not, negative impacts to the schedule, budget, and resource availability may occur and/or data in the new system may be incorrect. • During this process, the City may need to correct data scenarios in their Legacy System prior to the final data pull. This is a complex activity and requires due diligence by the City to ensure all data pulled includes all required data and the Tyler system contains properly mapped data. • Data conversion validation must be performed thoroughly and as instructed; validation must not be partially performed and result in excessive numbers of conversion passes. 18 / 67 4.4 Data Exchanges, Modifications • The City ensures the 3rd party data received is in the correct format. • The 3rd party possesses the knowledge of how to program their portion of the interaction and understands how to manipulate the data received. • City is on a supported, compatible version of the 3rd party software or Tyler Standard Data Exchange tools may not be available. • The City is willing to make reasonable business process changes if not conflicting to unchangeable policies rather than expecting the product to conform to every aspect of their current system/process. • Any Modification requests not expressly stated in the contract are out of Scope. Modifications requested after contract signing have the potential to change cost, Scope, schedule, and production dates for Project Phases. Modification requests not in Scope must follow the Project Change Request process. 4.5 Forms and Reports • Tyler Forms Libraries allow for design flexibility using fixed data selections. Requests for customizations beyond these options will result in additional project costs and may delay critical project timelines. • Tyler's form library prices are based on the actual form quantities listed, and assume the forms will be provided according to the standard Munis form template. Any forms in addition to the quoted amounts and types, including custom forms or forms that otherwise require custom programming, are subject to an additional fee. • Use of the Tyler Forms functionality requires the use of approved printers as well. You may contact Tyler for the most current list of approved printers. • All in scope standard reports (those designated with a “SR” or “Standard Report” in Tyler’s response to Exhibit F - Functional Requirements) will be produced directly out of Munis. • Custom reports may be produced by the City following SSRS Training or by using Tyler’s Report Writing Team. 4.6 Hardware and Software • Tyler will initially install the most current generally available version of the purchased Tyler software. • The City will provide network access for Tyler modules, printers, and Internet access to all applicable City and Tyler Project staff. • The City has in place all hardware, software, and technical infrastructure necessary to support the Project. • The City’s system hardware and software meet Tyler standards to ensure sufficient speed and operability of Tyler software. Tyler will not support use of software if the City does not meet minimum standards of Tyler’s published specifications. 4.7 Security Design and Setup • Application security needs are defined during analysis. All user access roles and permissions are reviewed and options are discussed and implemented along with their particular module. 19 / 67 • Tyler will provide the City with a security matrix and will guide the City in identifying appropriate permissions and roles needed to meet City business processes. • Tyler will train the City on options and the completion of the security matrix and the subsequent process of building security in Munis. The City will build all security roles in Munis. 4.8 Workflow Design and Setup • Workflow business rules are defined during analysis and users will be trained to set up all workflow functionality to accommodate the City’s business practices. • All available workflow options are discussed and implemented along with their particular module analysis and setup training sessions. • Tyler will provide a workflow matrix to assist the City in identifying appropriate workflow roles and processes configurations. • Tyler will train the City on the completion of the workflow matrix options/workflows included and the subsequent process of building workflow in Munis. The City will build all workflow in Munis. 4.9 Testing • Testing will occur during multiple stages and will include validation of new processes, configuration, converted data, third party data exchange, modifications (if contracted), forms, and reports. • Tyler will assist the City in early testing activities, but will teach the City how to perform continued testing and issue resolution. • The City testing database contains the Tyler software version required for delivery of the Modification prior to the scheduled delivery date for testing. • The City is responsible for verifying the performance of theany Modification (if appplicaple) as defined by the specification. • Users performing User Acceptance Testing (UAT) have attended all applicable training sessions prior to performing UAT. • 4.10 Facilities • During live and onsite training, the City provides a training room for Tyler staff to transfer knowledge to the City’s resources, as well as a place for the City staff to practice what they have learned without distraction. If Phases overlap, the City will provide multiple training facilities to allow for independent sessions scheduling without conflict. • The training room is set up in a classroom setting. Tyler recommends every person attending a scheduled session with a Tyler Consultant or Trainer have their own workstation. However, Tyler requires there be no more than two people at a given workstation. • The City provides a workstation which connects to the Tyler system for the Tyler trainer conducting the session. The computer connects to a City provided projector, allowing all attendees the ability to actively engage in the training session. 20 / 67 5 Implementation Stages 5.1 Work Breakdown Structure (WBS) The Work Breakdown Structure (WBS) is a hierarchical representation of a Project or Phase broken down into smaller, more manageable components. The top level components are called “Stages” and the second level components are called “work packages.” The work packages, shown below each Stage, contain the high-level work to be done. The detailed Project Plan, developed during Initiate & Plan and finalized during Assess & Define, will list the tasks to be completed within each work package. Each Stage ends with a “Control Point”, confirming the work performed during that Stage of the Project. 21 / 67 22 / 67 5.2 Initiate & Plan (Stage 1) The Initiate & Plan Stage creates a foundation for the Project through identification of City and Tyler Project management teams, development of implementation management plans, and the provision and discussion of system infrastructure requirements. City participation in gathering information is critical. Tyler Project management teams present initial plans to stakeholder teams at Stage end. 5.2.1 Tyler Internal Coordination & Planning Prior to Project commencement, Tyler management staff assigns Project Manager. Tyler provides the City with initial Project documents used in gathering basic information, which aids in preliminary planning and scheduling. City participation in gathering requested information by provided deadlines ensures the Project moves forward in a timely fashion. Internally, the Tyler Project Manager coordinate with Sales to ensure transfer of vital information from the sales process prior to scheduling a Project Planning Meeting with the City’s team. During this step, Tyler will work with the City to establish the date(s) for the Project/Phase Planning session. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed Responsible = Who is completing the task Accountable = Who is making decisions and taking actions on the tasks Consulted = Who will be communicated with regarding decisions and tasks Informed = Who will be updated on decisions and actions during the project STAGE 1 Tyler Internal Coordination & Planning TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Assign Tyler Project Manager A R I I I Provide initial Project documents to City A I R C I Sales to Implementation knowledge transfer A I R C Internal planning and Phase coordination A R C 23 / 67 5.2.2 System Infrastructure Planning The City provides, purchases or acquires hardware according to hardware specifications provided by Tyler and ensures it is available at the City’s site. The City completes the system infrastructure audit, ensuring vital system infrastructure information is available to the Tyler implementation team, and verifies all hardware compatibility with Tyler solutions. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 System Infrastructure Planning TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Provide system hardware specifications I R A I C Make hardware available for Installation I C A R Install system hardware, if applicable I C A R Complete system infrastructure audit I C A R 24 / 67 5.2.3 Project/Phase Planning Project and Phase planning provides an opportunity to review the contract, software, data conversions and services purchased, identify Applications to implement in each Phase (if applicable), and discuss implementation timeframes. The Tyler Project Manager delivers an Implementation Management Plan, which is mutually agreeable by the City and Tyler. The Implementation Management Plan is a baseline template that contains plans to address Scope Change Control, Risk Management, Communication, and Resource Planning. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Project/Phase Planning TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Perform Project/Phase Planning A R I C C I Deliver implementation management plan A R C C C C I 25 / 67 5.2.4 Project Schedule City and Tyler will mutually develop an initial Project schedule. The initial schedule includes, at minimum, enough detail to begin Project activities while the detailed Project Plan/schedule is being developed and refined. The complete project plan and schedule is typically delivered within 45 days of the planning meeting, if all blackout dates have been provided to Tyler. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Project Schedule TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Develop initial Project schedule A R I C IC I Deliver Project Plan and schedule for Project Phase A R I I I C C I I I City reviews Project Plan & initial schedule C I A R C C C City approves Project Plan & initial schedule I I A R C C I I I I I 26 / 67 5.2.5 Stakeholder Presentation The City stakeholders join Tyler Project Management to communicate successful Project criteria, Project goals, Deliverables, a high-level milestone schedule, and roles and responsibilities of Project participants. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Stakeholder Presentation TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Present overview of Project Deliverables, Project schedule and roles and responsibilities A R I I I I C I I I I I I I Communicate successful Project criteria and goals IA R C A C I I C I I 27 / 67 5.2.6 Control Point 1: Initiate & Plan Stage Acceptance Acceptance criteria for this Stage includes completion of all criteria listed below. Advancement to the Assess & Define Stage is dependent upon Tyler’s receipt of the Stage Acceptance. 5.2.6.1 Initiate & Plan Stage Deliverables • Implementation Management Plan o Objective: Update and deliver baseline management plans to reflect the approach to the City’s Project. o Scope: The Implementation Management Plan addresses how communication, quality control, risks/issues, resources and schedules, and Software Upgrades (if applicable) will be managed throughout the lifecycle of the Project. o Acceptance criteria: City reviews and acknowledges receipt of Implementation Management Plan • Project Plan/Schedule o Objective: Provide a comprehensive list of tasks, timelines and assignments related to the Deliverables of the Project. o Scope: Task list, assignments and due dates o Acceptance criteria: City acceptance of schedule based on City resource availability and Project budget and goals 5.2.6.2 Initiate & Plan Stage Control Point Acceptance Criteria • Hardware Installed • System infrastructure audit complete and verified • Implementation Management Plan delivered • Project Plan/schedule delivered; dates confirmed • Stakeholder Presentation complete 28 / 67 5.3 Assess & Define (Stage 2) The primary objective of Assess & Define is to gather information about current City business processes and translate the material into future business processes using Tyler Applications. Tyler uses a variety of methods for obtaining the information, all requiring City collaboration. The City shall provide complete and accurate information to Tyler staff for analysis and understanding of current workflows and business processes. 5.3.1 Fundamentals Review Fundamentals Review provides functional leads and Power Users an overall understanding of software capabilities prior to beginning current and future state analysis. The primary goal is to provide a basic understanding of system functionality, which provides a foundation for upcoming conversations regarding future state processing. Tyler utilizes a variety of methods for completing fundamentals training including the use of eLearning, videos, documentation, and walkthroughs. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Fundamentals Review TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Schedule fundamentals review & provide fundamentals materials & prerequisites, if applicable A R I C I I I Complete fundamentals materials review and prerequisites I A R I C Ensure all scheduled attendees are present I I A R C I Facilitate fundamentals review A R I I I 29 / 67 5.3.3 Current/Future State Analysis The City and Tyler will evaluate current state processes, options within all modules purchased, pros and cons of each option based on current or desired state, and jointly make decisions about future state configuration and processing. It is during this step that Extended Analysis will take place. Extended Analysis will include best practice recommendations for use of Munis software and pros and cons of decisions related to downstream implications. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Current/Future State Analysis TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Provide Current/Future State analysis materials to the City, as applicable A R I C IC I Conduct Current & Future State analysis A R I C I C Provide pros and cons of Tyler software options A R I C I C Make Future State Decisions according to due date in the Project Plan I I C A R I C I Record Future State decisions A R I C I C 30 / 67 5.3.4 Data Conversion Planning & Mapping This entails the activities performed to prepare to convert data from the City’s Legacy System Applications to the Tyler system. Tyler staff and the City work together to complete Data Mapping for each piece of data (as outlined in the Agreement) from the Legacy System to a location in the Tyler system. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Data Conversion Planning & Mapping TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Review contracted data conversion(s) options A R I C C C C Map data from Legacy System to Tyler system I C I A C C R Pull conversion data extract I I A C C R Run balancing Reports for data pulled and provide to Tyler I I A CR RC I Review and approve initial data extract A I C R I I Correct issues with data extract, if needed I C C A C C R 31 / 67 5.3.5 Standard 3rd Party Data Exchange Planning Standard Data Exchange tools are available to allow the City staff to get data in and out of the Tyler system with external systems. Data exchange tools can take the form of Imports and Exports, and Interfaces. A Standard Interface is a real-time or automated exchange of data between two systems. This could be done programmatically or through an API. It is Tyler’s responsibility to ensure the Tyler programs operate correctly. It is the City’s responsibility to ensure the third party program operates or accesses the data correctly. The City and Tyler Project Managers will work together to define/confirm which Data Exchanges are needed (if not outlined in the Agreement). Tyler will provide a file layout for each Standard Data Exchange. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Standard 3rd Party Data Exchange Planning TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Review Standard or contracted Data Exchanges A R C I I C Define or confirm needed Data Exchanges I C A C C R 32 / 67 5.3.6 Modification Analysis & Specification, if contracted Tyler staff conducts additional analysis and develops specifications based on information discovered during this Stage. The City reviews the specifications and confirms they meet the City’s needs prior to acceptance. Out of Scope items or changes to specifications after acceptance may require a Change Request. Tyler’s intention is to minimize Modifications by using Standard functionality within the Application, which may require a City business process change. It is the responsibility of the City to detail all of their needs during the Assess and Define Stage. Tyler will write up specifications (for City approval) for contracted program Modifications. Upon approval, Tyler will make the agreed upon Modifications to the respective program(s). Once the Modifications have been delivered, the City will test and approve those changes during the Build and Validate Stage. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Modification Analysis & Specification, if contracted TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Analyze contracted custom program requirements A C R C C I C C Develop specification document(s) A I C R I I I I Review specification document(s); provide changes to Tyler, if applicable I C C A R I C C Sign-off on specification document(s) and authorize work I I A R C I I C 33 / 67 5.3.75.3.6 Forms & Reports Planning The City and Tyler review Forms and Reporting needs. Items that may be included in the Agreement are either Standard Forms and Reports or known/included Modification(s). Items not included in the Agreement could be either City-developed Reports or a newly discovered Modification that will require a Change Request. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Forms & Reports Planning TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Review required Forms output A R C I C I Review and complete Forms options and submit to Tyler I I A R C Review in Scope Reports A R I C C Identify additional Report needs I C A R C Add applicable tasks to Project schedule A R I C C I I I 34 / 67 5.3.85.3.7 System Deployment The Tyler technical services team Installs Tyler Applications on the server (hosted or on-premise) and ensures the platform operates as expected. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 System Deployment TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Install contracted software on server A I R I C Ensure platform operates as expected A I R I C 35 / 67 5.3.95.3.8 Control Point 2: Assess & Define Stage Acceptance Acceptance criteria for this Stage includes completion of all criteria listed below. Advancement to the Build & Validate Stage is dependent upon Tyler’s receipt of the Stage Acceptance. 5.3.9.15.3.8.1 Assess & Define Stage Deliverables • Completed analysis Questionnaire o Objective: Gather and document information related to City business processes for current/future state analysis as it relates to Tyler approach/solution. o Scope: Provide comprehensive answers to all questions on Questionnaire(s). o Acceptance criteria: City acceptance of completed Questionnaire based on thoroughness of capturing all City business practices to be achieved through Tyler solution. • Data conversion summary and specification documents o Objective: Define data conversion approach and strategy o Scope: Data conversion approach defined, data extract strategy, conversion and reconciliation strategy. o Acceptance criteria: Data conversion document(s) delivered to the City, reflecting complete and accurate conversion decisions. • Modification specification documents, if contracted o Objective: Provide comprehensive outline of identified gaps, and how the custom program meets the City’s needs. o Scope: Design solution for Modification. o Acceptance criteria: City accepts Custom Specification Document(s) and agrees that the proposed solution meets their requirements. • Completed Forms options and/or packages o Objective: Provide specifications for each City in Scope form, Report and output requirements. o Scope: Complete Forms package(s) included in agreement and identify Reporting needs. o Acceptance criteria: Identify Forms choices and receive supporting documentation. • Installation checklist o Objective: Installation of purchased Tyler software o Scope: Tyler will conduct an initial coordination call, perform an installation of the software included in the Agreement, conduct follow up to ensure all tasks are complete, and complete server system administration training, if required. o Acceptance criteria: Tyler software is successfully installed and available to authorized users, City team members are trained on applicable system administration tasks. 5.3.9.25.3.8.2 Assess & Define Stage Control Point Acceptance Criteria • Tyler software is Installed • Fundamentals review is complete 36 / 67 • Required Form information complete and provided to Tyler • Current/Future state analysis completed; Questionnaires delivered and reviewed • Data conversion mapping and extractions completed and provided to Tyler 37 / 67 5.4 Build & Validate (Stage 3) The objective of the Build & Validate Stage is to prepare the software for use in accordance with the City’s needs identified during the Assess and Define Stage, preparing the City for Final Testing and Training. 5.4.1 Configuration & Power User Training Tyler staff collaborates with the City to complete software configuration, using City data, based on the outputs of the future state analysis performed during the Assess and Define Stage. Tyler staff will train the City Power Users to prepare them for the validation of the software. The City collaborates with Tyler staff iteratively to validate software configuration. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Configuration & Power User Training TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Perform configuration A R I R I Power User process and Validation training A R I C I C I Validate configuration I C A C R C 38 / 67 5.4.2 Data Conversion & Validation Tyler completes an initial review of the converted data for errors. With assistance from the City, the Tyler data conversion team addresses items within the conversion program to provide the most efficient data conversion possible. With guidance from Tyler, the City reviews specific data elements within the system and identifies and reports discrepancies in writing. Iteratively, Tyler collaborates with the City to address conversion discrepancies prior to acceptance. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Data Conversion & Validation TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Write and run data conversion program against City data A I C R C C Complete initial review of data errors A I C R I I C Review data conversion and submit needed corrections I C I A CR RC C Revise conversion program(s) to correct error(s) A I C R I IC C C 39 / 67 5.4.3 Standard 3rd Party Data Exchange Validation Tyler provides training on Data Exchange(s) and the City tests each Data Exchange. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Standard 3rd Party Data Exchange Validation TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Train Data Exchange(s) processing in Tyler software A R C I I I C I Coordinate 3rd Party Data Exchange activities I I A C C R Test all Standard 3rd party Data Exchange(s) I C A C I R C 40 / 67 5.4.5 Modification Delivery & Validation, if contracted Tyler delivers in Scope Modification(s) to the City for preliminary testing. Final acceptance will occur during the Final Testing and Training Stage. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Modification Delivery & Validation, if contracted TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Develop and deliver contracted custom program(s) A I C I R I C I C I C Test contracted custom program(s) in isolated database I C C A C R C Report discrepancies between specification and delivered contracted custom program(s) I I I A R C C Make corrections to contracted custom program(s) as required A I C I R I C C I 41 / 67 5.4.65.4.5 Forms & Reports Validation Tyler provides training on Standard Forms/Reports and the City tests each Standard Form/Report. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Forms & Reports Validation TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Standard Forms & Report Training A R I C C I Test Standard Forms & Reports I C C A C R C 42 / 67 5.4.75.4.6 Control Point 3: Build & Validate Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the Final Testing & Training Stage is dependent upon Tyler’s receipt of the Stage Acceptance. 5.4.7.15.4.6.1 Build & Validate Stage Deliverables • Initial data conversion o Objective: Convert Legacy System data into Tyler system. o Scope: Data conversion program complete; deliver converted data for review. o Acceptance criteria: Initial error log available for review. • Data conversion verification document o Objective: Provide instructions to the City to verify converted data for accuracy. o Scope: Provide self-guided instructions to verify specific data components in Tyler system. o Acceptance criteria: the City acknowledges data conversion delivery; the City completes data issues log. • Installation of Modifications on the City’s server(s) or Tyler hosted servers. o Objective: Deliver Modification(s) in Tyler software. o Scope: Program for Modification is complete and available in Tyler software, Modification testing. o Acceptance criteria: the City acknowledges Delivery of Modification(s) meeting objectives described in the City-signed specification. • Standard Forms & Reports Delivered o Objective: Provide Standard Forms & Reports for review. o Scope: Installation of all Standard Forms & Reports included in the Agreement. o Acceptance criteria: City acknowledges that Standard Forms & Reports available in Tyler software for testing in Stage 4. 5.4.7.25.4.6.2 Build & Validate Stage Control Point Acceptance Criteria • Application configuration completed • Standard Forms & Reports delivered and available for testing in Stage 4 • Data conversions (except final pass) delivered • Standard 3rd party Data Exchange training provided • Modifications delivered and available for testing in Stage 4 • The City and Tyler have done a review of primary configuration areas to Validate completeness and readiness for testing and acceptance in Stage 4. 43 / 67 5.5 Final Testing & Training (Stage 4) During Final Testing and Training, Tyler and the City review the final cutover plan. A critical Project success factor is the City understanding the importance of Final Testing and Training and dedicating the resources required for testing and training efforts in order to ensure a successful Production Cutover. 5.5.1 Cutover Planning The City and Tyler Project Manager discuss final preparations and critical dates for Production Cutover. Tyler delivers a Production Cutover Checklist to outline cutover tasks to help prepare the City for success. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 4 Cutover Planning TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Cutover Planning Session A R C I C C C C C C Develop Production Cutover Checklist A R C I I C C I I C 44 / 67 5.5.2 User Acceptance Testing (UAT) The City performs User Acceptance Testing to verify software readiness for day-to-day business processing. Tyler provides a Test Plan for users to follow to ensure proper Validation of the system. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 4 User Acceptance Testing (UAT) TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Deliver Test Plan for User Acceptance Testing A R C I I Perform User Acceptance Testing I C A R C C C I I C I Accept custom program(s), if applicable I I I A R C I C C Validate Report performance I C C A C R C 45 / 67 5.5.3 End User Training End Users attend training sessions to learn how to utilize Tyler software. Training focuses primarily on day-to-day City processes that will be delivered via group training, webinar, eLearning and/or live training sessions. Unless stated otherwise in the Agreement, Tyler provides one occurrence of each scheduled training or implementation topic with up to the maximum number of users as defined in the Agreement, or as otherwise mutually agreed. City users who attended the Tyler sessions may train any City users not able to attend the Tyler sessions or additional sessions may be contracted at the applicable rates for training. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 4 End User Training TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Conduct user training sessions A R C I I I I I Conduct additional End User training sessions I I A C I R I I I I 46 / 67 5.5.4 Control Point 4: Final Testing & Training Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the Production Cutover Stage is dependent upon Tyler’s receipt of the Stage Acceptance. 5.5.4.1 Final Testing & Training Stage Deliverables • Production Cutover checklist o Objective: Provide a detailed checklist outlining tasks necessary for production Cutover. o Scope: Dates for final conversion, date(s) to cease system processing in Legacy System, date(s) for first processing in Tyler system, contingency plan for processing/ o Acceptance criteria: City acknowledges the checklist delivery including definition of all pre-production tasks, assignment of owners and establishment of due dates. • User Acceptance Test Plan o Objective: Provide testing steps to guide users through testing business processes in Tyler software. o Scope: Testing steps for Standard business processes. o Acceptance criteria: City acknowledges that Testing steps have been provided for Standard business processes. 5.5.4.2 Final Testing & Training Stage Acceptance Criteria • Production Cutover Checklist delivered and reviewed • Modification(s) tested and accepted, if applicable • Standard 3rd party Data Exchange programs tested and accepted • Standard Forms & Reports tested and accepted • User acceptance testing completed • End User training completed 47 / 67 5.6 Production Cutover (Stage 5) The City and Tyler resources complete tasks as outlined in the Production Cutover Plan and the City begins processing day-to-day business transactions in the Tyler software. Following production Cutover, the City transitions to the Tyler support team for ongoing support of the Application. 5.6.1 Final Data Conversion, if applicable The City provides final data extract and Reports from the Legacy System for data conversion and Tyler executes final data conversion. The City may need to manually enter into the Tyler system any data added to the Legacy System after final data extract. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Final Data Conversion, if applicable TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Provide final data extract C I I A C I I I I R Provide final extract balancing Reports I I A CR R I Convert and deliver final pass of data A I I R I I I C Validate final pass of data I C C I A CR RI C Load final conversion pass to Production environment I I I A C I C R 48 / 67 5.6.2 Production Processing & Assistance Tyler staff collaborates with the City during production cutover activities. The City transitions to Tyler software for day-to day business processing. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Production Processing & Assistance TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Production processing C C I I A R R R R R R I I Provide production assistance A R C I C C C C C C 49 / 67 5.6.3 Transition to Tyler Support Tyler Project Manager introduces the City to the Tyler Support team, who provides the City with day-to- day assistance following production Cutover. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Transition to Tyler Support TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Develop & Document internal support plan I A R C C C C C C C Conduct transfer to Support meeting A I C R C C C C I I C I I 50 / 67 5.6.4 Schedule Post-Production Services, if applicable Tyler provides post-production services including Month End Close and Year End Close. Prior to scheduling services, the Tyler Project Manager collaborates with the City Project Manager to identify needs. For Munis Financials, this includes scheduling services to assist in the support of the first Month End and Year End processes, utilizing available implementation days from the project budget. In addition, CAFR and SSRS Report Writing Training may be scheduled post production. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Schedule Post-Production Services, if applicable TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Identify topics for post-production services C C A R I C I Schedule services for post-production topics A R I C C I C I 51 / 67 5.6.5 Control Point 5: Production Cutover Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the Phase/Project Closure Stage is dependent upon Tyler’s receipt of this Stage Acceptance. 5.6.5.1 Production Cutover Stage Deliverables • Final data conversion, if applicable o Objective: Ensure (in Scope) Legacy System data is available in Tyler software in preparation for production processing. o Scope: Final passes of all conversions completed in this Phase o Acceptance criteria: City acknowledges that data is available in production environment and is accurate. • Support transition documents o Objective: Define strategy for on-going Tyler support. o Scope: Define support strategy for day-to-day processing, conference call with the City Project Manager and Tyler Support team, define roles and responsibilities, define methods for contacting Support. o Acceptance criteria: the City acknowledges receipt of tools to contact Support and understands proper support procedures. 5.6.5.2 Production Cutover Stage Control Point Acceptance Criteria • Final data conversion(s) delivered, loaded, and is accurate • Processing is being done in Tyler production and is timely and accurate • Transition to Tyler Support is completed • Post-live services have been scheduled, if applicable 52 / 67 5.7 Phase/Project Closure (Stage 6) Project or Phase closure signifies full implementation of all products purchased and encompassed in the Phase or Project. The City moves into the next cycle of their relationship with Tyler (next Phase of implementation or long-term relationship with Tyler Support). 5.7.1 Close Phase/Project The City and Tyler Project Managers review the list of outstanding Project activities and develop a plan to address them. The Tyler Project Manager reviews the Project budget and status of each contract Deliverable with the City Project Manager prior to closing the Phase or Project. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 6 Close Phase/Project TYLER CITY TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales City Executive Sponsor City Steering Committee City Project Manager City Functional Leads City Change Management Leads City Power Users City Department Heads City End Users City Technical Leads City Project Toolset Coordinator City Upgrade Coordinator Review outstanding Project activities and develop action plan in project plan A R C C C I C I C Review Project budget and status of contract Deliverables A R I I C 53 / 67 5.7.2 Control Point 6: Phase/Project Closure Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. This is the final acceptance for the Phase/Project. 5.7.2.1 Phase/Project Closure Stage Deliverables • Phase/Project reconciliation report o Objective: Provide comparison of contract Scope and Project budget. o Scope: Contract Scope versus actual, analysis of services provided and remaining budget, identify any necessary Change Requests or Project activity. o Acceptance criteria: Acceptance of services and budget analysis and plan for changes, if needed. 5.7.2.2 Phase/Project Closure Stage Control Point Acceptance Criteria • Outstanding Phase or Project activities have been documented and assigned • Phase/final Project budget has been reconciled • Tyler Deliverables for the Phase/Project are complete 54 / 67 6 Roles and Responsibilities 6.1 Tyler Roles and Responsibilities Tyler assigns Project Manager prior to the start of each Phase of the Project. The Project Manager assigns other Tyler resources as the schedule develops. One person may fill multiple Project roles. 6.1.1 Tyler Executive Management • Provides clear direction for Tyler staff on exectuting on the Project Deliverables to align with satisfying the City’s overall organizational strategy • Authorizes required Project resources • Resolves all decisions and/or issues not resolved at the implementation management level as part of the escalation process • Offers additional support to the Project team and is able to work with other Tyler department managers in order to escalate and facilitate implementation Project tasks and decisions • Acts as the counterpart to the City’s executive sponsor 6.1.2 Tyler Implementation Management • Acts as the counterpart to the City steering committee. • Assigns Tyler Project personnel • Works to resolve all decisions and/or issues not resolved at the Project management level as part of the escalation process • Attends City steering committee meetings as necessary • Provides support for the Project team • Provides management support for the Project to ensure it is staffed appropriately and staff have necessary resources • Monitors Project progress including progress towards agreed upon goals and objectives 6.1.3 Tyler Project Manager The Tyler Project Manager provides oversight of the Project, coordination of resources between departments, management of the Project schedule and budget, effective risk and issue management, and is the primary point of contact for all Project related items. • Contract Management o Validates contract compliance throughout the Project o Ensures Deliverables meet contract requirements o Acts as primary point of contact for all contract and invoicing questions o Prepares and presents contract milestone sign-offs for acceptance by City Project Manager o Coordinates Change Requests, if needed, to ensure proper Scope and budgetary compliance • Planning o Update and deliver Implementation Management Plan 55 / 67 o Defines Project tasks and resource requirements o Develops initial and full scale Project schedule o Collaborates with City Project Manager to plan and schedule Project timelines to achieve on-time implementation • Implementation Management o Tightly manages Scope and budget of Project; establishes process and approval matrix with the City to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently o Establishes and manages a schedule and resource plan that properly supports the Project Plan as a whole that is also in balance with Scope/budget o Establishes risk/issue tracking/reporting process between the City and Tyler and takes all necessary steps to proactively mitigate these items or communicates with transparency to the City any items that may negatively impact the outcomes of the Project o Collaborates with the City’s Project Manager to establish key business drivers and success indicators that will help to govern Project activities and key decisions to ensure a quality outcome of the Project o Sets a routine communication plan that will aide all Project team members, of both the City and Tyler, in understanding the goals, objectives, current status and health of the Project • Team Management o Acts as liaison between project team and Tyler manager(s) o Identifies and coordinates all Tyler resources across all modules, Phases, and activities including development, conversions, Forms, Installation, Reporting, implementation, and billing o Provides direction and support to Project team o Builds partnerships among the various stakeholders, negotiating authority to move the Project forward o Manages the appropriate assignment and timely completion of tasks as defined in the Project Plan, task list, and Production Cutover checklist o Assesses team performance and adjusts as necessary o Interfaces closely with Tyler developers to coordinate program Modification activities o Coordinates with in Scope third party providers to align activities with ongoing Project tasks 6.1.4 Tyler Implementation Consultant • Completes tasks as assigned by the Tyler Project Manager • Performs problem solving and troubleshooting • Follows up on issues identified during sessions • Documents activities for on site services performed by Tyler • Provides conversion Validation and error resolution assistance • Recommends guidance for testing Forms and Reports • Tests software functionality with the City following configuration • Assists during Cutover process and provides production support until the City transitions to Tyler Support • Provides product related education • Effectively facilitates training sessions and discussions with City and Tyler staff to ensure adequate discussion of the appropriate agenda topics during the allotted time 56 / 67 • Makes Munis best practice recommendations • Conducts training (configuration, process, conversion Validation) for Power Users and the City’s designated trainers for End Users • Clearly documents homework tasks with specific due dates and owners, supporting and reconciling with the final Project schedule • Keeps Tyler Project Manager proactively apprised of any and all issues which may result in the need for additional training needs, change in schedule, change in process decisions, or which have the potential to adversely impact the success of the Project prior to taking action 6.1.5 Tyler Sales • Provide sales background information to implementation during Project Initiation • Support sales transition to implementation • Provide historical information, as needed, throughout implementation 6.1.6 Tyler Software Support • Manages incoming City issues via phone, email, and online customer incident portal • Documents and prioritizes issues in Tyler’s Customer Relationship Management (CRM) system • Provides issue analysis and general product guidance • Tracks issues and tickets to timely and effective resolution • Identifies options for resolving reported issues • Reports and escalates defects to Tyler Development • Communicates with the City on the status and resolution of reported issues 6.1.7 Tyler Disaster Recovery Support • Conduct and monitor nighltly backups of City databases at hosting facility, transfer nighly backups to Tylers data center. • Provides services to host Application in the event of a disaster • Provides 24 hour RPO – Recover Point Objective • Provides emergency response within 2 business hours • Ensure Tyler Application availability within 8 business hours • Provide one annual disaster planning walkthrough 6.1.8 Tyler Systems Management Services • Manages incoming City issues via phone, email, online customer incident portal, and from Software Support • Provides system support including remote support of City systems, operating systems, network and local printing, and SQL assistance for the systems and platform directly attributable to the Tyler Applications • Tracks issues and tickets to timely and effective resolution • Determine root cause and provide solutions or provide direction/escalation to Tyler Development • Consult on pre-sales in regards to system requirements • Troubleshoot server and workstaton issues • Migrate Tyler Applications and databases to new hardware 57 / 67 • Maintain systems and provide Database and Server Administration • Provide proactive monitoring of Tyler Application/DB server(s) • Perform server transfers, database analyssis, file system cleanup, and backup verification. • Assists with database refreshes, LDAP synchronization, and loading releases 6.2 City Roles and Responsibilities City resources will be assigned prior to the start of each Phase of the Project. One person may be assigned to multiple Project roles. 6.2.1 City Executive Sponsor • Provides clear direction for the Project and how it applies to the organization’s overall strategy • Champions the Project at the executive level to secure buy-in • Authorizes required Project Resources • Resolves all decisions and/or issues not resolved at the City Steering Committee level as part of the escalation process • Actively participates in Organizational Change Communications 6.2.2 City Steering Committee • Works to resolve all decisions and/or issues not resolved at the Project Manager level as part of the escalation process • Attends all scheduled Steering Committee meetings • Provides support for the Project team • Assists with communicating key Project messages throughout the organization • Prioritizes the Project within the organization • Provides management support for the Project to ensure it is staffed appropriately and staff have necessary resources • Monitors Project progress including progress towards agreed upon goals and objectives • Has the authority to approve or deny changes impacting the following areas: o Cost o Scope o Schedule o Project Goals o City Policies 6.2.3 City Project Manager The City shall assign Project Manager(s) prior to the start of this Project with overall responsibility and authority to make decisions related to Project Scope, scheduling, and task assignment, and communicates decisions and commitments to the Tyler Project Manager(s) in a timely and efficient manner. When the City Project Manager(s) do not have the knowledge or authority to make decisions, he or she engages the correct resources from City to participate in discussions and make decisions in a timely fashion to avoid Project delays. • Contract Management 58 / 67 o Validates contract compliance throughout the Project o Ensures invoicing and Deliverables meet contract requirements o Acts as primary point of contact for all contract and invoicing questions o Signs off on contract milestone acknowledgment documents o Collaborates on and approves change requests, if needed, to ensure proper Scope and budgetary compliance • Planning o Review and acknowledge Implementation Management Plan o Defines Project tasks and resource requirements for City Project team o Collaborates in the development of and approval of the Project Plan and Project schedule o Collaborates with Tyler Project Manager(s) to plan and schedule Project timelines to achieve on-time implementation • Implementation Management o Tightly manages Scope and budget of Project and collaborates with Tyler Project Manager to establish a process and approval matrix to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently o Collaborates with Tyler Project Manager to establish and manage a schedule and resource plan that properly supports the Project Plan, as a whole, that is also in balance with Scope/budget o Collaborates with Tyler Project Manager to establishes risk/issue tracking/reporting process between the City and Tyler and takes all necessary steps to proactively mitigate these items or communicates with transparency to Tyler any items that may negatively impact the outcomes of the Project o Collaborates with Tyler Project Manager(s) to establish key business drivers and success indicators that will help to govern Project activities and key decisions to ensure a quality outcome of the Project o Routinely communicates with both City staff and Tyler, aiding in the understanding of goals, objectives, current status, and health of the Project by all team members • Team Management o Acts as liaison between Project Team and Stakeholders o Identifies and coordinates all City resources across all modules, Phases, and activities including data conversions, Forms design, hardware and software Installation, reports building, and satisfying invoices o Provides direction and support to Project team o Builds partnerships among the various stakeholders, negotiating authority to move the Project forward o Manages the appropriate assignment and timely completion of tasks as defined in the Project schedule, task list, and Production Cutover checklist o Assesses team performance and takes corrective action, if needed o Provides guidance to City technical teams to ensure appropriate response and collaboration with Tyler Technical Support Teams to ensure timely response and appropriate resolution o Coordinates with in Scope third party providers to align activities with ongoing Project tasks 59 / 67 6.2.4 City Functional Leads • Makes business process change decisions under time sensitive conditions • Communicates existing business processes and procedures to Tyler consultants • Assists in identifying business process changes that may require escalation • Attends and contributes business process expertise for current/future state analysis sessions • Identifies and includes additional subject matter experts to participate in current/future state analysis sessions • Provides business process change support during Power User and End User training • Completes performance tracking review with City Project team on End User competency on trained topics • Provides Power and End Users with dedicated time to complete required homework tasks • Act as an ambassador/champion of change for the new process. • Identifies and communicates any additional training needs or scheduling conflicts to City Project Manager • Prepares and Validates Forms • Actively participates in all aspects of the implementation, including, but not limited to, the following key activities: • Task completion • Stakeholder Presentation • Implementation management plan development • Schedule development • Maintenance and monitoring of risk register • Escalation of issues • Communication with Tyler Project team • Coordination of City resources • Attendance at scheduled sessions • Change Management activities • Customization specification, demonstrations, testing and approval assistance • Conversion Analysis and Verification Assistance • Decentralized End User Training • Process Testing • User Acceptance Testing 6.2.5 City Power Users • Participate in Project activities as required by the Project team and Project Manager(s) • Provide subject matter expertise on City business processes and requirements • Act as Subject Matter Experts and attending current/future state and Validation sessions as needed • Attend all scheduled training sessions • Participate in all required post-training processes as needed throughout Project • Participate in conversion Validation • Test all Application configuration to ensure it satisfies business process requirements • Become Application experts • Participate in User Acceptance Testing 60 / 67 • Adopt and support changed procedures • Complete all Deliverables by the due dates defined in the Project schedule • Demonstrate competency with Tyler products processing prior to Production Cutover • Provide knowledge transfer to City staff during and after implementation, as necessary 6.2.6 City End Users • Attend all scheduled training sessions • Become proficient in Application functions related to job duties • Adopt and utilize changed procedures • Complete all assigned tasks by the due dates defined in the Project schedule • Utilize software to perform job functions at and beyond Production Cutover 6.2.7 City Technical Support • Coordinates updates and releases with Tyler as needed • Coordinates the copying of source databases to training/testing databases as needed for training days • Extracts and transmits conversion data and control reports from City’s Legacy System per the conversion schedule set forth in the Project schedule • Coordinates and adds new users and printers and other Peripherals as needed • Validates all users understand log-on process and have necessary permission for all training sessions • Coordinates Interface development for City 3rd party Data Exchanges. • Develops or assists in creating Reports as needed • Ensures onsite system hardware meets specifications provided by Tyler • Assists with software deployment as needed 6.2.8 City Upgrade Coordinator • Becomes familiar with the Software Upgrade process and required steps • Becomes familiar with Tyler’s releases and updates • Utilizes Tyler Community to stay abreast of the latest Tyler releases and updates, as well as the latest helpful tools to manage the City’s Software Upgrade process • Assists with the Software Upgrade process, if required, during implementation • Manages Software Upgrade activities post-implementation • Manages Software Upgrade plan activities • Coordinates Software Upgrade plan activities with City and Tyler resources • Communicates changes affecting users and department stakeholders • Obtains department stakeholder sign-offs to upgrade Production environment 6.2.9 City Project Toolset Coordinator • Ensures users have appropriate access to Tyler Project Toolsets such as Tyler University, Tyler Community, Tyler Product Knowledgebase, SharePoint, etc. • Conducts training on proper use of toolsets • Validates completion of required assignments using toolsets 61 / 67 6.2.10 City Change Management Lead • Validates users receive timely and thorough communication regarding process changes • Provides coaching to Supervisors to prepare them to support users through the Project changes • Identifies the impact areas resulting from Project activities and develops a plan to address them proactively • Identifies areas of resistance and develops a plan to reinforce the change • Monitors post-production performance and new process adherence 62 / 67 7 Glossary Word or Term Definition Application A computer program designed to perform a group of coordinated functions, tasks or activities for the benefit of the user. Change Control A systematic approach for managing change governing how Change Requests will be received, assessed and acted on. Change Management An approach for ensuring that changes are thoroughly and smoothly implemented and that the lasting benefits of change are achieved. The focus is on the global impact of change with an intense focus on people and how individuals and teams move from the current situation to the new one. Change Request A form used as part of the Change Control process whereby changes in the Scope of work, timeline, resources, and/or budget are revised and agreed upon by participating parties. Consumables Items that are used recurrently, usually by Peripherals. Examples: paper stock or scanner cleaning kits. Control Point Occurring at the end of each Stage, the Control Point serves as a formal City review point. Project progress cannot continue until the City acknowledges the agreed upon Deliverables of the Stage have been met, or agree on an action plan to make the Deliverable acceptable and move to next Stage while executing final steps of current Stage. Cutover The point when a City begins using Tyler software in Production. Data Exchange A term used to reference Imports and Exports, and Interfaces which allow data to be exchanged between an external system and Tyler software. Data Mapping The process of mapping fields from the Legacy System to the appropriate location in the new system from one or more sources. Deliverable A tangible or intangible object/document produced as a result of the Project that is intended to be delivered to a City (either internal or external) at a specific time. End User The person for whom the software is designed to use on a day-to-day basis. Forms A document which is typically printed on a template background and only captures data for one record per page. Forms are provided to entity customers whether internal (employees – such as payroll checks) or external (vendors – such as purchase orders). Implementation Management Plan A document which is a compilation of the Change Control Management Plan, Risk Management Plan, Resource Management Plan, and Communication Management Plan. Imports and Exports A process within the system that a user is expected to run to consume (Import) or produce (Export) a specifically defined file format/layout. Interface A real-time or automated exchange of data between two systems. Install References the initial Installation of software files on City servers or Tyler hosted servers, and preparing the software for use during 63 / 67 configuration. The version currently available for general release will always be used during the initial Install. Legacy System The system from which a City is converting. Modification Modification of software program package to provide individual City requirements documented within the Scope of the Agreement. Peripherals An auxiliary device that connects to and works with the computer in some way. Examples: mouse, keyboard, scanner, external drive, microphone, speaker, webcam, and digital camera. Phase A portion of the Project in which specific set of related products are typically implemented. Phases each have an independent start, Production Cutover and closure dates but use the same Implementation Plans as other Phases within the Project. Phases may overlap or be sequential and may have the same Tyler Project manager or different individual assigned. Power User An experienced City person or group who is (are) an expert(s) in the City business processes, as well as knowledgeable in the requirements and acceptance criteria. Project The Project includes all implementation activity from Plan & Initiate to Closure for all products, Applications and functionality included in a single Agreement. The Project may be broken down into multiple Phases. Project Plan The Project Plan serves as the master blueprint for the Project. As developed, the Project schedule will become a part of the Project Plan and outline specific details regarding tasks included in the Project Plan. Project Planning Meeting Occurs during the Plan & Initiate Stage to coordinate with the City Project manager to discuss Scope, information needed for Project scheduling and resources. Questionnaire A document containing a list of questions to be answered by the City for the purpose of gathering information needed by Tyler to complete the implementation. RACI A chart describing level of participation by various roles in completing tasks or Deliverables for a Project or process. Also known as a responsibility assignment matrix (RAM) or linear responsibility chart (LRC). Reports Formatted to return information related to multiple records in a structured format. Information is typically presented in both detail and summary form for a user to consume. Scope Products and services that are included in the Agreement. Stage The top-level components of the WBS. Each Stage is repeated for individual Phases of the Project and requires acknowledgement before continuing to the next Stage. Some tasks in the next Stage may begin before the prior Stage is complete. Stakeholder Presentation Representatives of the Tyler implementation team will meet with key City representatives to present high level Project expectations and outline how Tyler and the City can successfully partner to create an environment for a successful implementation. 64 / 67 Standard Included in the base software (out of the box) package. Statement of Work (SOW) Document which will provide supporting detail to the Agreement defining Project-specific activities and Deliverables Tyler will provide to the City . Test Plan Describes the testing process. Includes "Test Cases" to guide the users through the testing process. Test cases are meant to be a baseline for core processes; the City is expected to supplement with City specific scenarios and processes. Software Upgrade References the act of updating software files to a newer software release. Validation (or to validate) The process of testing and approving that a specific Deliverable, process, program or product is working as expected. Work Breakdown Structure (WBS) A hierarchical representation of a Project or Phase broken down into smaller, more manageable components. 65 / 67 8 Munis Conversion Summary 8.1 Accounting COA • Chart of Accounts segments, objects, character codes, project codes (if applicable), organization codes (if applicable), control accounts budget rollups, fund attributes, due to/due from accounts • Requires the use of a Tyler provided spreadsheet for design and entry of the data to be converted 8.2 Accounting - Actuals • Summary account balances • Up to 3 years 8.3 Accounting - Budgets • Original budget, budget adjustments, revised budget summaries for accounts • Up to 3 years 8.4 Accounts Payable Vendor Master • Vendor Master file including names, addresses, SSN/FID, contacts, phone numbers • Multiple remittance addresses • Year-to-date 1099 amounts 8.5 Accounts Payable - Checks • Check header data including vendor, warrant, check number, check date, overall check amount, GL cash account and clearing information • Check detail data including related document and invoice numbers for each check 8.6 Accounts Payable - Invoices • Invoice header data containing general information for the invoice • Invoice detail data containing line-specific information for the invoice 8.7 Contracts • Contract header detail with many fields available to convert including fiscal year and period, vendor number, department code, description, enforcement method code, dates for award, approval, entry and expiration, retention information, user-defined type and review codes, status code, user id for entry and approver. Additional fields are also available. • Contract detail including line item account and amount detail 66 / 67 8.8 Fixed Assets Master • Asset description, status, acquisition quantity, date and amount, codes for asset class, subclass, department, custodian, flags for capitalization and depreciation, estimated life, serial number, model, model year, depreciation method, life-to-date depreciation amount, last depreciation date, disposal information (if any), purchase information, if any (vendor, PO, Invoice) 8.9 Fixed Assets - History • Transaction history data for acquisitions, disposals, transfers, etc. 8.10 General Billing CID • Customer information 8.11 General Billing – Recurring Invoices • General Billing Invoices that are sent on a regular basis • Header records with general information about the invoice • Detail records with line-specific information 8.12 General Billing – Bills • Unlimited history of open and closed invoices • General Ledger information so open invoices can be processed in Munis 8.13 Project Grant Accounting • Segments, account strings and fund string allocation table • Requires the use of a Tyler provided (Chart of Accounts) spreadsheet for design and entry of the data to be converted 8.14 Project Grant Accounting - Actuals • Summary project ledger string balances • Up to 3 years 8.15 Project Grant Accounting – Budget • Original project ledger budget amounts • Up to 3 years 8.16 Purchase Orders • Open purchase orders header data including vendor, buyer, date, accounting information, etc. • Open purchase orders detail data including line item descriptions, quantities, amounts, etc. 67 / 67 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3310 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Approve a Contract for Purchase of Real Property with the Clearwater Marine Aquarium for 301 Pierce Street in the amount of $4,250,000.00 and total expenditures not to exceed $4,265,000; approve a lease agreement for the same real property to the Clearwater Marine Aquarium commencing March 2017; and authorize the appropriate officials to execute all documents necessary to complete the transactions. (consent) SUMMARY: The Clearwater Marine Aquarium (CMA) currently owns the property at 301 Pierce Street, which it purchased in anticipation of building a new facility on that property and the property currently occupied by City Hall. CMA ultimately decided to make improvements on its current facility at 249 Windward Passage instead of constructing a new facility. The property is located atop the Clearwater bluff and is vacant with a total land area of 60,325 square feet (1.38 acres). The City currently owns the adjacent land to the west fronting Clearwater Harbor. This acquisition will result in a contiguous city-owned tract of 91,705 square feet (2.1 acres). If acquired, the City will own all property fronting the north and south sides of Pierce Street between Osceola Avenue and the waterfront. This is a unique opportunity as this property is the only significant, developable land along the bluff that is available for purchase. The Imagine Clearwater Master Plan identifies this property as one that the City should ensure contributes to Downtown activation by incorporating uses that attract residents and visitors to the area, as well as supporting the long-term growth of the Downtown tax-base, including critical funds to support CRA activities and potentially park operations. The City would now like to purchase the property to facilitate redevelopment of downtown. CMA would like to lease the parking lot section of the property back for $1.00 per month, commencing upon closing, which is anticipated to be no later than March 31, 2017, on a month to month basis to use as a parking facility during the construction of its improvements at its current facility, specifically the Parking Garage as approved by the Community Development Board on January 19, 2016. Two independent appraisals were performed on the property. James Millspaugh and Associates, Inc. valued the property at $4,365,000 with a valuation date of March 23, 2015. Hupp Realty Advisors, Inc. valued the property at $2,910,000 with a valuation date of April 2, 2015. The appraisals are being updated and current figures will be available by March 16, 2017 and will be presented at that Council meeting. Page 1 City of Clearwater Printed on 3/13/2017 File Number: ID#17-3310 Acquisition Costs: Purchase Price $4,250,000 Closing Costs $15,000 TOTAL $4,265,000 APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will increase cost code 010-07000-560100 (Land Purchase City Use) by $4,265,000 to be funded with an allocation of General Fund reserves. USE OF RESERVE FUNDS: Funding will be provided by a mid-year budget amendment allocating General Fund reserves in the amount of $4,265,000 to fund this land purchase. Inclusive of this item if approved, a net total of $6,610,031 of General Fund reserves has been appropriated by Council to fund expenditures in the 2016/17 operating budget. The remaining balance in General Fund reserves is approximately $26.6 million, or 20.2 % of the current General Fund operating budget. Page 2 City of Clearwater Printed on 3/13/2017 Exhibit A Legal Description Commence at the Northeast corner of Section 16, Township 29 South, Range 15 East, Pinellas County, Florida, and run West, along the North boundary line of said Section 16, 1320.00 feet; thence South, along the West boundary line of the East 1/2 of the Northeast 1/4 of said Section 16, 1526.16 feet to an intersection with the Easterly projection of the centerline of Pierce Street; thence North 89°45'W, 418.0 feet to the projection of the West right-of-way line of Osceola Avenue; thence South 20.00 feet to the Southwest corner of the intersection of Pierce Street and Osceola Avenue for a Point of Beginning; thence South 00°19'55" East, along the West right-of- way of Osceola Avenue, 148.20 feet, to the North boundary line of OAK COVE, A COMMERCIAL CONDOMINIUM, as recorded in Condominium Plat Book 102, Page 92, of the Public Records of Pinellas County, Florida; thence leaving said West right-of-way line South 88°50'45" West, along the North boundary line of said OAK COVE, 475.00 feet; thence North 00°19'55" West, 48.05 feet; thence North 88°48'12" East, 100.00 feet; thence North 00°19'55" West, 99.80 feet to the South right-of-way line of Pierce Street; thence North 88°48'12" East, along the said South right-of-way line, 375.00 feet to the POINT OF BEGINNING. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3281 Agenda Date: 3/13/2017 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.1 SUBJECT/RECOMMENDATION: Surveyors and Mappers Week Proclamation - Tampa Bay Chapter of the Florida Surveying and Mapping Society SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/13/2017