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06/14/2017Wednesday, June 14, 2017 6:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers City Council Meeting Agenda June 14, 2017City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to sixty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and other electronic devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 Clearwater Police Department Volunteers Check Presentation - Rob Shaw 4.2 Sky Tran Update - Tom Nocera 5. Approval of Minutes 5.1 Approve the minutes of the June 1, 2017 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. Page 2 City of Clearwater Printed on 6/13/2017 June 14, 2017City Council Meeting Agenda 7.1 Approve two agreements between USA Softball, Inc, of Oklahoma City, Oklahoma, and the City of Clearwater, for hosting the 2017 USA Softball GOLD 18U and 16 U Fast-Pitch tournaments, July 16-22, 2017 and authorize the appropriate officials to execute same. (consent) 7.2 Award a contract (purchase order) to Caladesi Construction Company (Caladesi) of Largo Fl., Bid 16-0035-PR for the construction of the Morningside Recreation Center Building located at 2400 Harn Blvd. in the amount of $5,702,809.73, including 10% contingency; transfer $385,000 of Gas revenues and $815,000 of general fund reserves at third quarter to the Morningside Recreation Center (CIP 315-93251) and authorize the appropriate officials to execute same. (consent) 7.3 Approve Williamson Dacar Associates of Clearwater, Florida as the Architect of Record (AOR) to complete a feasibility study to enhance and/or repurpose areas of the Main Library to coordinate with modifications to Coachman Park as an element of Imagine Clearwater. (consent) 7.4 Approve Amendment 1 to an agreement between the City of Clearwater (the City) and the Florida Department of Economic Opportunity, for a Community Planning Technical Assistance Grant to prepare Comprehensive Plan amendments to address the Peril of Flood requirements in Florida Statutes, to amend Deliverable 2 within the Scope of Work to establish that the City will present proposed comprehensive plan amendments to the Community Development Board (local planning agency) for recommendation by June 23, 2017, and authorize the appropriate officials to execute same. (consent) 7.5 Approve License and Services Agreements to Microsoft, Inc. of Redmond, WA, and Planet Technologies, Inc. of Germantown, MD for an amount not to exceed $1,670,000.00 for cloud based office management software licensing, software maintenance, and professional services, and authorize the appropriate officials to execute same. (consent) 7.6 Approve a proposal from Construction Manager at Risk Cathey Construction and Development, LLC of Mexico Beach, FL, in the amount of $165,396.45 for improvements to Municipal Services Building - Security Upgrades (CC-1704) and authorize the appropriate officials to execute same. (consent) 7.7 Approve a contract (purchase order) with Kubra Data Transfer Ltd (Kubra), Mississauga, ON, to provide electronic bill presentment and payment services for the City of Clearwater and authorize the appropriate officials to execute same. (consent) 7.8 Appoint Thomas Hinson, Jr. as the business owner or representative and Laura Canary as the agency or government representative to the Brownfields Advisory Board with terms expiring June 30, 2021. (consent) 7.9 Appoint Rosemarie Kibitlewski to the Library Board with a term to expire June 30, 2021. (consent) Page 3 City of Clearwater Printed on 6/13/2017 June 14, 2017City Council Meeting Agenda 7.10 Appoint Ronald D. Mason to the Airpark Advisory Board with a term to expire April 30, 2021. (consent) 7.11 Designate Mayor George N. Cretekos to serve as the City’s official voting delegate at the Florida League of Cities’ Annual Conference, August 17-19, 2017. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Declare surplus for the purpose of a land swap, three parcels of certain real property in Section 16, Township 29 South, Range 15 East, formerly used respectively as right-of-way, a meeting facility as a part of old Fire Station 45, and a parking lot consisting of 9 parking spaces adjacent to the North Garden Avenue Parking Garage; exchange the three surplus lots for a strategic parcel in the downtown, which is of greater value, by the Church of Scientology Flag Service Organization, Inc. (COS) and authorize the appropriate officials to execute same. 8.2 Approve the request from City of Clearwater staff to vacate a portion of Public Right-of-Way of Haven Street and real property dedicated as Right-of-Way in Official Records 4867, Page 1478; pass Ordinance 9049-17 on first reading and authorize the appropriate officials to execute same. (VAC2017-07) 8.3 Approve an extension on the temporary moratorium for medical marijuana dispensing organizations established by Ordinance 8995-17 and pass Ordinance 9050-17 on first reading. 8.4 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3059 Cherry Lane and pass Ordinances 9033-17, 9034-17 and 9035-17 on first reading. (ANX2017-04007) Page 4 City of Clearwater Printed on 6/13/2017 June 14, 2017City Council Meeting Agenda 8.5 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for an unaddressed parcel located on the south side of Otten Street, approximately 330 feet west of North Highland Avenue, and pass Ordinances 9036-17, 9037-17 and 9038-17 on first reading. (ANX2017-04008) 8.6 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3035 Hoyt Avenue and pass Ordinances 9039-17, 9040-17, and 9041-17 on first reading. (ANX2017-04009) 8.7 Provide direction on the proposed Development Agreement between Gulfview Lodging, LLP (the property owner) and the City of Clearwater, providing for the allocation of 59 units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on July 20, 2017 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2017-04001) 8.8 Approve amendments to the Community Development Code relating to signage and pass Ordinance 9029-17 on first reading. (TA2017-03005) 9. Quasi-Judicial Public Hearings - Staff states its recommendation and briefly summarizes its reasons for the recommendation and submits record (minutes, staff report, and application) adduced before the Community Development Board (2 minutes). - Applicant presents case, including its testimony and exhibits (15 minutes). - Staff presents further evidence (10 minutes). - Public comment. - City Council discussion. - Applicant may call witnesses in rebuttal (5 minutes). - Conclusion by applicant (3 minutes). - Decision. 9.1 Withdraw a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Medium Density Residential (MDR) District for 301, 302, 303, 309, 310 and 311 Cedar Street; and withdraw Ordinance 9028-17 on first reading. (REZ2017-02002) 10. Second Readings - Public Hearing Page 5 City of Clearwater Printed on 6/13/2017 June 14, 2017City Council Meeting Agenda 10.1 Continue 2nd reading of Ordinance 9029-17 to July 20, 2017: Approve amendments to the Clearwater Community Development Code relating to signage. (TA2017-03005) 10.2 Continue 2nd reading of Ordinance 9042-17 to a date uncertain: Approve an amendment to the Community Development Code establishing a medical marijuana treatment use and applicable criteria. (TA2017-01001) 10.3 Continue 2nd reading of Ordinance 7049-17 to July 20, 2017: Approve the request from City of Clearwater staff to vacate a portion of Public Right-of-Way of Haven Street and real property dedicated as Right-of-Way in Official Records 4867, Page 1478. 11. City Manager Reports 11.1 Amend the City’s fiscal year 2016/17 Operating and Capital Improvement Budgets at mid-year and pass Ordinances 9052-17 and 9053-17 on first reading. 11.2 Amend Exhibit A of Resolution 17-17 regarding the proposed extension of Penny for Pinellas to amend the proposed project list and adopt Resolution 17-22. 11.3 Ratify and confirm Change Order 1 to Waterfront Engineering Inc., of Tampa, Florida, for Emergency Seawall Repairs in the amount of $8,765.58 and authorize the appropriate officials to execute same. 11.4 Approve the Contract for Exchange of certain real property owned by the City of Clearwater for a parcel in downtown which is of greater value, by the Church of Scientology Flag Service Organization, Inc. (COS) and authorize the appropriate officials to execute same. 12. City Attorney Reports 13. Closing comments by Councilmembers (limited to 3 minutes) 14. Closing Comments by Mayor 15. Adjourn Page 6 City of Clearwater Printed on 6/13/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3488 Agenda Date: 6/14/2017 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Clearwater Police Department Volunteers Check Presentation - Rob Shaw SUMMARY: Clearwater Police Department volunteers perform a wide variety of services for the agency. Those services free up police officers for other purposes and result in a large savings to the city. In 2016, 45 volunteers worked a total of 10,348 hours, resulting in a savings to the city of $287,467. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 6/13/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3618 Agenda Date: 6/14/2017 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: City Council Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Sky Tran Update - Tom Nocera SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 6/13/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3608 Agenda Date: 6/14/2017 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the June 1, 2017 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 6/13/2017 City Council Meeting Minutes June 1, 2017 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Thursday, June 1, 2017 6:00 PM Council Chambers City Council Page 1 City of Clearwater Draft City Council Meeting Minutes June 1, 2017 Roll Call Present: 4 - Mayor George N. Cretekos, Councilmember Doreen Caudell, Councilmember Bob Cundiff and Councilmember Bill Jonson Absent: 1 - Vice Mayor Hoyt Hamilton Also Present: Jill Silverboard – Deputy City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk and Nicole Sprague – Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation – Mr. Dennis Pashoukos from Atheists of Florida 3. Pledge of Allegiance – Councilmember Caudell 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 Elder Abuse Awareness Day Proclamation, June 15, 2017 – Christina Simonetti, Area Agency on Aging 4.2 Homeownership Month Proclamation, June 2017 - Terry Malcolm-Smith, Economic Development & Housing 4.3 Sugar Sand Festival – Lisa Chandler, Sunset at Pier 60 M. Chandler thanked Council and staff for their continued partnership. She reviewed event activities and marketing efforts. 4.4 2017 FHSAA 4A State Baseball Champions Calvary Christian School - Head Coach, Greg Olsen The Mayor recognized the Warriors, who defeated Pensacola Catholic 11-1 in six innings to claim the school’s first State Championship in any team sport. The Mayor also stated that the championship solidified a 30-0 season. Page 2 City of Clearwater Draft City Council Meeting Minutes June 1, 2017 5. Approval of Minutes 5.1 Approve the minutes of the May 17, 2017 City Council Meeting and the April 25, 2017 Special City Council Meeting as submitted in written summation by the City Clerk. Councilmember Jonson moved to approve the minutes of the May 17, 2017 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Councilmember Jonson moved to approve the minutes of the April 25, 2017 Special City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda James expressed concerns with obstruction of traffic at Ft. Harrison Avenue and Seminole Street and stated that the park behind the Main Library is an eye sore. 7. Consent Agenda – Approved as submitted. 7.1 Approve the City of Clearwater Economic Development and Housing Department Affordable Housing Loan Foreclosure and Loan Forgiveness Policy. (consent) 7.2 Approve a purchase order (contract) to Environmental Solutions Group (ESG), parent company of Marathon Equipment Company, Vernon, Alabama, for the purchase of a baler in the amount of $297,506.00, and authorize the appropriate officials to execute same. (consent) 7.3 Appoint T. Wade Carlisle to the Marine Advisory Board with a term to expire March 31, 2021. (consent) 7.4 Appoint Mark Antonio Rodriguez to the Parks and Recreation Board with a term to expire May 31, 2021. (consent) Councilmember Caudell moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Page 3 City of Clearwater Draft City Council Meeting Minutes June 1, 2017 Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings – Items 8.1 through 8.3 were continued as listed. 8.1 Continued to June 14, 2017: Approve the request from City of Clearwater staff to vacate a portion of Public Right-of-Way of Haven Street and real property dedicated as Right-of-Way in Official Records 4867, Page 1478; pass Ordinance 7049-17 on first reading (VAC2017-07) and authorize the appropriate officials to execute same. As a pre-requisite to a land swap between the City of Clearwater and the Church of Scientology Flag Service Organization, Inc. (COS), it is necessary to vacate Haven Street and real property that was dedicated as Right-of-Way in Official Records 4867, Page 1478. This land swap, which is outlined in more depth in the contract’s agenda item, will exchange three city owned and surplus properties for a strategic property owned by the COS. In order to support existing utilities, the City will retain a blanket general utility, drainage and gas easement over the entire premises to be vacated. Easements will need to be retained by private utility companies, to sustain their current utilities, as well. All city departments have reviewed this vacation and have no objection. 8.2 Continue to a date uncertain: Approve an amendment to the Community Development Code establishing a medical marijuana treatment use and applicable criteria and pass Ordinance 9042-17 on first reading. (TA2017-01001) This proposed ordinance would adopt local land use standards addressing medical marijuana treatment centers. Earlier this year the State Department of Health (DOH) released preliminary rules to comply with Amendment 2, which was effective January 3, 2017. The State Legislature failed to pass a bill during its regular session, thereby moving implementation of the amendment back to the DOH. Staff requested a continuance at the Community Development Board meeting on May 16, 2017, which they granted to allow time for the DOH to finalize its rules governing medical marijuana and to give staff time to address the rules in its proposed ordinance. 8.3 Continue to June 14, 2017: Approve amendments to the Clearwater Community Development Code relating to signage and pass Ordinance 9029-17 on first reading. (TA2017-03005) Page 4 City of Clearwater Draft City Council Meeting Minutes June 1, 2017 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9005-17 on second reading, annexing certain real properties whose post office addresses are 3109 and 3111 Wolfe Road and 501 and 421 North McMullen Booth Road, together with certain right-of-way of Wolfe Road and North McMullen Booth Road, all within Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. One individual expressed concerns with the how the site may be developed in the future and suggested that the hours of operation be fixed to daylight hours. Ordinance 9005-17 was presented and read by title only. Councilmember Cundiff moved to adopt Ordinance 9005-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 9.2 Adopt Ordinance 9006-17 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 3109 and 3111 Wolfe Road and 501 and 421 North McMullen Booth Road, all within Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Recreation/Open Space (R/OS). Ordinance 9006-17 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 9006-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 9.3 Adopt Ordinance 9007-17 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are all within Clearwater, Florida 33759, all within Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Open Space/Recreation (OS/R). Ordinance 9007-17 was presented and read by title only. Councilmember Caudell moved to adopt Ordinance 9007-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff Page 5 City of Clearwater Draft City Council Meeting Minutes June 1, 2017 and Councilmember Jonson 9.4 Adopt Ordinance 9019-17 on second reading, annexing certain real properties whose post office addresses are 3064 Grand View Avenue and 3121 Wolfe Road, all within Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. Ordinance 9019-17 was presented and read by title only. Councilmember Cundiff moved to adopt Ordinance 9019-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 9.5 Adopt Ordinance 9020-17 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 3064 Grand View Avenue and 3121 Wolfe Road, all within Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL) and Residential Urban (RU). Ordinance 9020-17 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 9020-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 9.6 Adopt Ordinance 9021-17 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 3064 Grand View Avenue and 3121 Wolfe Road, all within Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9021-17 was presented and read by title only. Councilmember Caudell moved to adopt Ordinance 9021-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson Page 6 City of Clearwater Draft City Council Meeting Minutes June 1, 2017 9.7 Adopt Ordinance 9022-17 on second reading, annexing certain real property whose post office address is 1516 Stevenson’s Drive, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9022-17 was presented and read by title only. Councilmember Cundiff moved to adopt Ordinance 9022-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 9.8 Adopt Ordinance 9023-17 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1516 Stevenson’s Drive, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL), Preservation (P) and Water/Drainage Feature Overlay. Ordinance 9023-17 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 9023-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 9.9 Adopt Ordinance 9024-17 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1516 Stevenson’s Drive, Clearwater, Florida 33755, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR) and Preservation (P). Ordinance 9024-17 was presented and read by title only. Councilmember Caudell moved to adopt Ordinance 9024-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 9.10 Adopt Ordinance 9025-17 on second reading, annexing certain real property whose post office address is 2134 Burnice Drive, Clearwater, Florida 33764, into the corporate limits of the city and redefining the boundary lines of the city to include said Page 7 City of Clearwater Draft City Council Meeting Minutes June 1, 2017 addition. Ordinance 9025-17 was presented and read by title only. Councilmember Cundiff moved to adopt Ordinance 9025-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 9.11 Adopt Ordinance 9026-17 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2134 Burnice Drive, Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 9026-17 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 9026-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 9.12 Adopt Ordinance 9027-17 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2134 Burnice Drive, Clearwater, Florida 33764, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). Ordinance 9027-17 was presented and read by title only. Councilmember Caudell moved to adopt Ordinance 9027-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 9.13 Adopt Ordinance 9030-17 on second reading, amending the Community Development Code, Article 3, Section 3-1807, incorporating the US 19 Zoning District into existing signage regulations, and certifying consistency with the city’s Comprehensive Plan. Ordinance 9030-17 was presented and read by title only. Councilmember Cundiff moved to adopt Ordinance 9030-17 on second and final reading. The motion was duly seconded and upon Page 8 City of Clearwater Draft City Council Meeting Minutes June 1, 2017 roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 10. City Manager Reports 10.1 Designate an underwriting team consisting of Bank of America Merrill Lynch, J.P. Morgan Securities LLC, Raymond James and Associates, Inc., and Citigroup Global Markets Inc., to provide investment banking services to manage future negotiated bond sales for the City of Clearwater and adopt Resolution 17-20. In order to be in a position to efficiently conduct appropriate future long-term bond financing transactions, the City of Clearwater Finance Department seeks council approval for an underwriting team of investment banking firms to manage future negotiated bond sales. The team will consist of four firms selected through a Request for Qualifications (RFQ) process and will serve for a five- year period. The City’s Finance Director will designate the Senior and Co-managers for each transaction. The City issued RFQ 16-17 to select a team of investment banking firms to underwrite future negotiated bond sales and received a total of twelve responses for consideration. The list of respondents is included in Exhibit A. The selection committee has evaluated the responses and recommends the Council approve a four firm team consisting of Bank of America Merrill Lynch, J. P. Morgan Securities LLC, Raymond James & Associates, Inc., and Citigroup Global Markets Inc. Councilmember Jonson moved to designate an underwriting team consisting of Bank of America Merrill Lynch, J.P. Morgan Securities LLC, Raymond James and Associates, Inc., and Citigroup Global Markets Inc., to provide investment banking services to manage future negotiated bond sales for the City of Clearwater. The motion was duly seconded and carried unanimously. Resolution 17-20 was presented and read by title only. Councilmember Caudell moved to adopt Resolution 17-20. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 10.2 Approve co-sponsorship and waiver of requested city fees and service charges for Fiscal Year 2017/18 for the 50th Anniversary Concert of the Florida Orchestra in the Page 9 City of Clearwater Draft City Council Meeting Minutes June 1, 2017 amount of $25,000 cash contribution and $5,750 of in-kind services. On March 16, 2017, the City Council approved the annual co-sponsorship list and funding for Fiscal Year 2017/18 for budget purposes. The Florida Orchestra has requested that the City co-sponsor a special event concert to be held at Coachman Park on Monday October 23, 2017 to celebrate the 50th Anniversary of the Orchestra. Staff is requesting that this event be included in the Fiscal Year 2017/18 budget as a city co-sponsored event. Cost associated with the event will be a $25,000 donation to the Orchestra as well as in-kind services totaling $5,750; for police ($1,500), fire ($1,250) and parks and recreation ($3,000). In response to a question, Parks and Recreation Director Kevin Dunbar said the concert will be held on a Monday in the evening. Three individuals spoke in support. Councilmember Caudell moved to approve co-sponsorship and waiver of requested city fees and service charges for Fiscal Year 2017/18 for the 50th Anniversary Concert of the Florida Orchestra in the amount of $25,000 cash contribution and $5,750 of in-kind services. The motion was duly seconded and carried unanimously. 10.3 Support the Clearwater Historical Society in its pursuit of grant funding in the amount of $55,000.00 from the Florida Division of Cultural Affairs under the guidelines of the Cultural Facilities Grant Program and adopt Resolution 17-21. Councilmember Cundiff moved to support the Clearwater Historical Society in its pursuit of grant funding in the amount of $55,000.00 from the Florida Division of Cultural Affairs under the guidelines of the Cultural Facilities Grant Program. The motion was duly seconded and carried unanimously. Resolution 17-21 was presented and read by title only. Councilmember Jonson moved to adopt Resolution 17-21. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff Page 10 City of Clearwater Draft City Council Meeting Minutes June 1, 2017 and Councilmember Jonson 11. City Attorney Reports – None. 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Cundiff said yesterday’s headlines included the selection of the first black and female President of St. Petersburg College in school history and congratulated Dr. Tonjua Williams. He said she received her bachelor’s degree from Clearwater Christian College where he was a teacher for 19 years. Councilmember Jonson said he attended the Florida Urban Land Institute state conference last week in Tampa and one of the tours was a 2-hour walk and boat ride on Tampa’s Riverwalk and said it reminded him of how important the Imagine Clearwater program will be. He said PSTA is providing a student summer hall pass program until the end of August for $35 which will include unlimited rides. Must have a student ID to purchase. On June 6, 2017 at the N Greenwood Recreation Center, the JWB will be handing out 250 free passes along with information about free summer nutritional lunches. He acknowledged two bad bicycle accidents in the Clearwater area and encouraged motorists and bicyclists to be aware. 13. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events, congratulated Dr. Tonjua Williams for being named St. Petersburg College's new President, wished all those celebrating Ramadan many blessings and encouraged all to vote for Quincy at http://herodogawards.org/dog/quincy/. 14. Adjourn The meeting adjourned at 7:03 p.m. Mayor City of Clearwater Attest City Clerk Page 11 City of Clearwater Draft Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3586 Agenda Date: 6/14/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve two agreements between USA Softball, Inc, of Oklahoma City, Oklahoma, and the City of Clearwater, for hosting the 2017 USA Softball GOLD 18U and 16 U Fast-Pitch tournaments, July 16-22, 2017 and authorize the appropriate officials to execute same. (consent) SUMMARY: USA Softball, Inc., formerly the Amateur Softball Association (ASA)/USA Softball, is a volunteer driven, not -for-profit organization based in Oklahoma City, OK, was founded in 1933 and has evolved into the strongest softball organization in the country. The United States Olympic Committee (USOC) named ASA the National Governing Body of Softball, pursuant to the Amateur Sports Act of 1978 . The GOLD Nationals tournaments are the highest level of play for club softball . Clearwater hosted the same tournaments in 2013 and was selected to host the 2017 events at the Eddie C Moore Softball Complex (18U) and Sid Lickton Complex (16U). The economic impact to the community from the tournaments is expected to generate approximately $7 million with over 12,000 room nights at Clearwater and Pinellas County hotels. The City’s primary goal is to serve as host and facility operator for both tournaments, including field preparation services, set up for all support areas, coordination of facility layout, electric and water services, on -site event staff, marketing and coordination, recruitment of volunteers for the events and securing umpires and officials for the games, providing for security, paramedics, solid waste services, park and restroom clean-up, etc. USA Softball will provide technical assistance throughout the operation of the tournaments at Eddie C Moore Softball Complex and Sid Lickton Complex, and manage the qualification process for up to 64 teams to play in each tournament. The City is responsible for the financial management and accounting for the tournaments, collecting all revenue associated with the event and for paying all expenses from proceeds. It is anticipated that tournament revenue will cover all expenses and produce a net profit to help defray costs associated with Sports Tourism Division. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 6/13/2017 File Number: ID#17-3586 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 6/13/2017 USA SOFTBALL NATIONAL CHAMPIONSHIP TOURNAMENT AGREEMENT This National Championship Tournament Agreement (“Agreement”) is made and entered into as of the _____ day of _____________2017 (“Effective Date”) by and between USA Softball, Inc., an Oklahoma not-for-profit corporation, with its principal office at 2801 N.E. 50th Street, Oklahoma City, Oklahoma 73111 (“USA Softball”), the acting as and known in the Agreement as the City of Clearwater (“Host”) and the USA Softball, Florida (“Sponsor”). Host and Sponsor are collectively referred to in the Agreement as the “Parties.” WITNESSETH: WHEREAS, USA Softball is responsible for promoting and conducting annual national championship tournaments for each class and division of USA Softball Championship Play as set forth in USA Softball Code Article 516 ( each a “National Championship Tournament” ); and WHEREAS, USA Softball has awarded to Host the right to host one or more National Championship Tournaments during the applicable Tournament Year (“The Tournament Year”); and NOW, THEREFORE, in consideration of mutual promises and agreements herein and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows: 1. NATIONAL CHAMPIONSHIP TOURNAMENT 1.1 The USA Softball GOLD 16-Under Fastpitch (the “Tournament”) for the Tournament Year shall be held at Sid Lickton Complex. (“Tournament Site” ) with competition to begin on July 16th (the “Tournament Start Date” ) and be completed by July 22nd ( the “Tournament End Date” ). 1.2 Host and Sponsor shall abide by the terms and conditions of the bid submitted by Host for the Tournament (the “Bid”), which is herein incorporated by reference. To the extent the Bid requires Host to pay for any expense or provide any benefit of greater value, quantity or quality than the provisions of the Agreement or the USA Softball Code and USA Softball Procedural Manual, the Bid shall govern with respect to such expense or benefit; in all other respects, the terms of this Agreement and the USA Softball Code shall govern. 2. TERM OF THE AGREEMENT 2.1 The Agreement shall commence on the Effective Date and, unless sooner terminated as provided herein, shall terminate on the thirty-second (32nd) day after the Tournament End Date. 3. APPLICABLE GOVERNING DOCUMENTS 3.1 Host and Sponsor shall perform all duties and obligations required by law, statute, or regulation as Tournament host in accordance and compliance with the USA Softball Code, the USA Softball Procedural Manual, the Official Rules of Softball in effect during the Tournament as published and amended by USA Softball from time to time, the terms and conditions of this Agreement, and the terms and provisions of the Bid, each of which is hereby incorporated by reference. Any and all provisions, rules, and procedures shall be completed by the time period specified by USA Softball from time to time. The provisions of the USA Softball Code and USA Softball Procedural Manual shall control the obligations of Host and Sponsor including but not limited to Articles 111, 204, 205, 302, 303, 304, 305, 306, and 307 for the USA Softball Procedural Manual; and Articles 206, 207, 301, 302, 303, 305, 306, 307, 309, 310, 311, 316, and 317 of the USA Softball Code. USA Softball shall provide a copy of the USA Softball Procedural Manual, USA Softball Code, and the Rules to Sponsor and Host upon written request. 4. OBLIGATIONS OF THE HOST 4.1 Host shall provide Tournament facilities conforming to the most current USA Softball Code, USA Softball Procedural Manual, and Official Rules of Softball (the “Rules”). -2- 4.2 Host shall comply with USA Softball Rule book Rule 3 Section 3 regarding game balls. 4.3 Host shall be responsible to provide and pay for certain expenses related to the Tournament including, without limitation, each of the following: A. Game Fees. Host shall comply with USA Softball Procedural Manual Article 303(B) regarding game fees. B. Umpire In Chief (“UIC”), Assistant UIC, Umpire Staff (collectively,“Umpires”). Host shall provide housing, two to a room, for all umpires throughout the Tournament. The Host will provide the UIC and the Assistant UIC with local transportation to and from their Hotel and the Tournament Site. Host shall provide a private dressing room and meeting facility in close proximity to the playing fields for the Umpires’ use. Host shall pay UIC a per diem and Assistant UIC a per diem throughout the Tournament, this amount is stated in Article 303 of the USA Softball Procedural Manual. C. USA SOFTBALL Representative (the “Representative”). Throughout the Tournament, the Tournament Host shall provide for the Representative a single room at the hotel designated by Host as the headquarters hotel and shall provide the Representative with a vehicle for his/her exclusive use. Host shall pay the Representative a per diem this amount is stated in Article 303 of the USA Softball Procedural Manual. D. USA SOFTBALL President and Executive Director. Host shall provide the USA Softball President and the USA Softball Executive Director, or their respective designee’s, complimentary housing accommodations, and local transportation equal to or exceeding the accommodations and transportation provided to the Representative throughout the Tournament. 4.4 Pursuant to Articles 303(C) of the USA Softball Procedural Manual, Host shall be solely responsible for all operations and all operational and administrative expenses associated with hosting and conducting the Tournament including, without limitation, the following: A. Field Maintenance. Host shall ensure a properly trained and equipped grounds crew is on hand and present throughout the Tournament to ensure the facilities remain clean and free from any obstructions and in compliance with the USA Softball Code, USA Softball Procedural Manual, and the Rules. B. Security and First Aid. Host shall ensure properly trained and equipped security, ambulance service and emergency medical personnel are available throughout the Tournament. C. Tournament Support Staff. Host shall retain sufficient personnel to perform as statistician(s), announcer(s), official scorekeepers, scoreboard attendants, ball chasers, ticket sellers, ticket collectors, and other gate crew throughout the Tournament. USA Softball may require Host to retain additional personnel whenever USA Softball determines, in its sole and absolute discretion, such additional personnel are needed. D. Advertisement and Promotion. Host shall prominently advertise and promote the Tournament prior to and throughout the Tournament. Host understands and expressly agrees to prominently mention, display or indicate USA Softball in all Tournament advertising materials. E. Program / Ticket Printing. No later than thirty (30) days prior to the Tournament Start Date, Host shall submit to USA Softball for approval a design copy of the Tournament program and a sample form of Tournament tickets. Title to all programs and tickets supplied to USA Softball pursuant hereto shall immediately pass to and vest in USA Softball. If USA Softball fails to notify Host within ten (10) days after its receipt of these items of a decision to reject any advertisement, graphic or text contained therein, the program and ticket materials shall be deemed approved by USA Softball for Tournament use. Host shall print a sufficient number of Tournament programs and tickets prior to the Tournament Start Date. -3- 4.5 Host shall comply with USA Softball Procedural Manual Article 306 regarding Tournament awards. 4.6 At Tournament Check-In, Host shall obtain and collect fully signed Roster Forms from each participant who will be participating in the Tournament (and shall not allow participation unless fully signed forms have been provided in advance of the start of the Tournament). Host shall also provide, pay for and host a pre-Tournament event at which a meal is provided for at least one (1) representative of each participating team and each of the Tournament sponsor representatives, the Umpires, Host and Sponsor representatives, USA Softball Council members, representatives and commissioners, the USA Softball President and Executive Director or their designee(s), the press, and other persons invited by Host who are present at the event (the “Pre-Tournament Event”). At the Pre-Tournament Event, the Host shall provide each team representative with a copy of USA Softball’s Participant Manual and, at the Pre-Tournament Event or directly after the Pre-Tournament Event, the Host shall provide each team representative with an opportunity to inspect the fields and facilities. 4.7 Host shall provide free admission at all Tournament games for USA Softball Council members, their spouses and immediate family upon production of identification identifying such person as a USA Softball council member. Such admitted persons shall be entitled to reserved seating and admittance to hospitality functions, but only up to a maximum of 25 reserved seats and admissions in the aggregate. For purposes of satisfying the obligations of this subsection, in addition to the applicable free admissions (which shall be unlimited in number), Host shall reserve for USA Softball’s use twenty-five (25) best seated reserved tickets to each game and the same number of passes and invitations to any hospitality function hosted by Host or Sponsor in connection with the Tournament. 4.8 Host shall be solely responsible for all souvenir items sold at or in conjunction with the Tournament. A. Pre-Approval of All Souvenir Items. A sample or exemplar of all souvenir items Host proposes to sell or allow others to sell in conjunction with the Tournament shall be submitted to USA Softball at least thirty (30) days prior to the Tournament start date. Excluding those items provided for in the immediately following sentence (all of which shall require affirmative approval), if USA Softball fails to notify Host within ten (10) days after its receipt of these items of a decision to reject any such items, then as to those items that do not contain the USA Softball name, emblem or logo that were not timely rejected, those items shall be deemed approved by USA Softball for sale in conjunction with the Tournament. Pursuant to Article 310(L) of the USA Softball Code, souvenir items with the USA Softball name, emblem or logo must be affirmatively approved in advance and in writing by the USA Softball National Office prior to their use, production or resale. Host shall not sell or permit the sale of any rejected item. B. Souvenir Reporting. Host must comply with USA Softball Procedural Manual Article 304(I) in submitting souvenir report to USA Softball for all souvenir sales, including sales made by third-parties (if any). If Host or Sponsor execute a contract or agreement with or allow a third-party to sell any souvenir item(s) at or in conjunction with the Tournament, Host shall ensure that such contract (the “Vendor Contract”) and such third party shall comply with USA Softball Procedural Manual Article 304 (I) in submitting a report which details its gross sales. Host shall provide USA Softball with copies of all Vendor Contracts prior to the Tournament Start Date. 4.9 Following the Tournament End Date, Host shall prepare and submit the following reports to USA Softball: A. Financial Report. Host must comply with USA Softball Procedural Manual Article 304(F) and 307(E)(04). Host’s President, Chief Financial Officer or Chief Executive Officer and the Sponsor Commissioner shall each be jointly and severally responsible for filing the Report and shall warrant and guarantee its accuracy and completeness. B. Official Final Standings. Within twenty-four (24) hours after the Tournament End Date, Host shall fax or email and mail to USA Softball National Office the official, final Tournament standings of all participating teams. USA Softball Procedural Manual Article 307(E)(01). -4- C. All-American Teams. Within twenty-four (24) hours after the Tournament End Date, Host shall fax or email and mail to USA Softball National Office a list of the Tournament’s first (1st) and second (2nd) All-American teams for each adult division of USA Softball Championship Play. USA Softball Procedural Manual Article 307(E)(02). D. Tournament Highlights. Within thirty (30) days after the Tournament End Date, Host shall comply with USA Softball Procedural Manual Article 307(E)(03). E. Advertisement and Promotional Material. Within thirty (30) days after the Tournament End Date, Host shall submit to USA Softball copies of all photographs (i.e. team and action), news releases and statistics taken, issued or compiled during the Tournament and all materials used in advertising, promoting and publicizing the Tournament including, without limitation, at least six (6) action photographs and team pictures of the champion, runner up and first (1st) All-American teams chosen at the Tournament. F. Use of Tournamentusasoftball.com Host shall comply with the USA Softball Procedural Manual Article 105 (D)(14) and utilize http://tournamentusasoftball.com/ for all Championship Finals Tournaments. 4.10 In addition to the preparation and submission requirements of the above Section 4.9, Host shall be responsible for the following: A. Tournament Results, Score Sheets, Entry Fees, Assessments. Host shall comply with USA Softball Procedural Manual Article 305, 307(E)(3-5). Within thirty (30) days after the Tournament End Date, Host agrees to remit to USA Softball that portion of the Entry Fee which represents the $100-per-team ($25-per-team for slow pitch) assessment fee due USA Softball pursuant to USA Softball Code Article 303(A) and, additionally, the $100/$300 per-team bid fee due and required by USA Softball’s Board of Directors, as set forth in the Bid Documents and USA Softball Procedural Manual Article 303. B. All-American Team Statistics. Within thirty (30) days after the Tournament End Date, Host shall submit statistics to the USA Softball National Office. (USA Softball Procedural Manual Article 307 (E)(06)). 4.11 The Tournament cannot be cancelled without the written consent of USA Softball’s Executive Director. 5. OBLIGATIONS OF USA SOFTBALL 5.1 USA Softball shall resolve questions regarding qualification or eligibility of any team or team member entered in the Tournament in accordance with the USA Softball Procedural Manual, USA Softball Code, and the Rules. 5.2 The USA Softball shall select the UIC and all members of the umpire staff to officiate in the Tournament. The UIC selected by USA Softball shall be in charge of all details pertaining to the officiating duties of the umpire staff during the Tournament. If an Assistant UIC is required pursuant to USA Softball Procedural Manual Article 111(C)(2)(a, b, & c), the Sponsor’s regional UIC shall select and assign any Assistant UIC. 5.3 USA Softball understands that there may be local laws, regulations, and ordinances that the Host may have to abide by that could ultimately affect the play of the tournament. Host shall make USA Softball aware of all such laws, regulations, and ordinances as soon as possible so they may be discussed with all parties to determine a way to properly complete the tournament. In conducting the tournament, USA Softball shall endeavor to comply with all laws, regulations, and ordinances that apply to tournament play. 6. OBLIGATIONS OF THE SPONSOR 6.1 Sponsor guarantees Host’s complete and faithful performance of each and every obligation of Host contained or referenced in the Agreement or Bid. Accordingly, Sponsor shall be jointly and severally liable for the performance of Host’s liabilities and obligations arising under or in connection with the -5- Agreement or Bid. In addition to all other available remedies and as specified in USA Softball Procedural Manual Article 305(B), if Host or Sponsor fails to file any report or remit any payment when due under this Agreement, Sponsor will be barred from bidding to host or sponsor any USA Softball tournaments until: (i) all monies and reports required under the Agreement are received by USA Softball; (ii) all monies owed under the Agreement are written off by the USA Softball Board of Directors; or (iii) the Sponsor Commissioner is replaced. 7. SPONSORSHIPS / MARKETING AGREEMENTS 7.1 Neither Host nor Sponsor may enter into any sponsorship or marketing agreement for purposes of, affecting or relating to any National Championship Tournament without the prior, written approval of the USA Softball Executive Director. 7.2 USA Softball national sponsors shall have the right and opportunity to market their goods and services at the Event. Any marketing or sponsorship fees charged to USA Softball national sponsors and relating to the event shall be non-discriminatory. 8. USA SOFTBALL/SPONSOR INSURANCE REQUIREMENTS 8.1 Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. 8.2 Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $500,000 (five hundred thousand dollars) combined single limit. 8.3 Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. 9. EARLY TERMINATION 9.1 If at any time either Host or Sponsor fails to perform or is in breach of any obligation imposed by the USA Softball Code, the Rules, the Bid or the Agreement, USA Softball may serve notice on Host and Sponsor specifying the nature of the breach. If Host and/or Sponsor do not cure the breach immediately to the complete satisfaction of USA Softball, USA Softball may serve a Notice of Termination of this Agreement, which shall be effective upon mailing, and may then cause the Tournament to be relocated. 9.2 Host and Sponsor acknowledge and agree that USA Softball has relied on the full and complete performance of Host and Sponsor under the Agreement and early termination of the Agreement would cause immeasurable and irreparable harm to USA Softball. As a consequence thereof, Host and Sponsor agree to forfeit the Tournament Guarantee, as provided for in the USA Softball Code, USA Softball Procedural Manual, and the Bid, if the Agreement is terminated for any reason prior to the Tournament End Date. 9.3 Nothing in this Article shall be deemed a restriction upon USA Softball’s rights to enforce any other remedies specified in the Agreement and to seek any and all available legal or equitable relief, as well -6- as recovery of all expenses, including but not limited to reasonable attorney’s fees incurred in enforcing its rights under the Agreement. 10. INDEMNITY / HOLD HARMLESS 10.1 Subject to the limitations set out in § 768.28, Florida Statutes, Host and Sponsor shall defend, indemnity and hold USA Softball harmless from and against any and all loss or liability which in any way, directly, indirectly or allegedly arises out of or relates to: (i) the Tournament; (ii) a breach of any of Host’s or Sponsor’s obligations under this Agreement; or (iii) any misrepresentation of fact or breach of any warranty mad by Host or Sponsor in or in connection with this Agreement. However, the Host shall not be liable and shall not defend, indemnity of hold USA Softball harmless from and against any loss or liability which in any way directly or allegedly arises out of or relates to any of the obligations incurred by USA Softball pursuant to section 5 of this Agreement, nor any loss or liability caused solely by the acts or omissions of Sponsor. This indemnification shall not be construed to be an indemnification for the acts or omissions of third parties, independent contractors or third party agents of the Host. This indemnification shall not be construed as a waiver of Host’s sovereign immunity, and shall be interpreted as limited to only such traditional liabilities for which Host could be liable under the common law interpreting the limited waiver of sovereign immunity. Any claims against Host must comply with the procedures found in §768.28, Florida Statues. In order to comply with the requirements of §166.241, Florida Statutes, and Article VII, section 10 of the Florida Constitution, the value of this indemnification is limited to the lesser of the amount payable by either party under the substantive provisions of this Agreement, or the limitations of §768.28, Florida Statutes. In addition, this indemnification shall be construed to limit recovery by the indemnified party against Host to only those damages caused by Host’s sole negligence, and specifically not include any attorney’s fees or costs associated therewith. 11. NOTICES 11.1 All notices or demands required to be made or permitted under the Agreement shall be in writing and shall be deemed served when deposited in the United States mail as postage certified mail, return receipt requested, with sufficient postage prepaid thereon and addressed as provided in the first paragraph of the Agreement or to such other address as each party may from time to time designate in writing 12. REPRESENTATIONS AND WARRANTIES OF HOST AND SPONSOR 12.1 Sponsor represents and warrants that as of the Effective Date, it is a member of USA Softball in good standing. Host and Sponsor each represent and warrant that it understands that USA Softball has made no representation, warranty or guarantee regarding any fact or condition which may affect the Tournament’s financial success including but not limited to any representation, warranty or guarantee regarding the number of teams which may participate in the Tournament, Tournament attendance, gate receipts, concessions or revenue for souvenir sales. Host and Sponsor knowingly and willingly assume all risks associated with the Tournament’s financial success and understand that the Tournament Guarantee is fully earned as of the Effective Date and is non-refundable. 12.2 The Tournament Guarantee and any other sums due USA Softball (other than the $100-per-team Entry Fees) will be invoiced to the Host on the January 1st of the year of the Tournament (or as soon as practicable thereafter) and the invoiced sums will be due and payable within 30 days of the invoice date. 13. MISCELLANEOUS 13.1 The Agreement contains and constitutes the entire agreement between the Parties and supersedes any prior agreements between the Parties, written or oral, with respect to the subject matter hereof. 13.2 The provisions of the Agreement are severable and the invalidity of one or more provisions herein shall not have any effect upon the validity or enforceability of any other provision. -7- 13.3 Neither this Agreement nor the Bid may be amended, modified, rescinded or revoked except by written agreement executed by USA Softball, Host and Sponsor. 13.4 USA Softball may assign any rights or benefits accruing to it or delegate any of its responsibilities or obligations under the Agreement to a subsidiary, affiliate or related entity of USA Softball upon thirty (30) days written notice to Host. Such assignment or delegation shall not require prior written consent of Host or Sponsor. Neither Host nor Sponsor shall assign any benefits or delegate any obligations under the Agreement without express, prior written consent of USA Softball. 13.5 The rights and remedies of the Parties herein specified shall be cumulative and not exclusive of any other rights and remedies herein provided or allowed by law. 13.6 If any party commences legal action or arbitration alleging a violation of the Agreement, or seeking to enforce, construe, modify or interpret the Agreement, or any provision herein, the non-prevailing party shall, to the extent permitted by applicable law, pay all costs and reasonable attorneys’ fees incurred by the prevailing party in connection with such action. 13.7 Articles 3, 4, 6, 7, 8, 9, 10, 12 and 13 of this Agreement shall survive any termination or expiration of the Agreement. 13.8 Any updates to USA Softball’s Code, Procedural Manual, Technical Manual or Official Rules of Softball which may render outdated the particular references herein to sections or subsections of those documents shall be automatically deemed to reference the newly updated or newly renumbered section or subsection of the applicable document. 13.9 The Agreement shall be binding on the Parties and inure to the benefit of USA Softball, its successors and assigns. 13.10 Any waiver by a party of any breach of the Agreement shall not operate as or be construed as a waiver of any other breach of such provision or of any other provision of the Agreement. Any waiver must be in writing. Failure to insist upon strict adherence to any term of the Agreement on one or more occasions shall not be considered a waiver or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of the Agreement. 13.11 The Agreement shall be governed by interpreted and enforced in accordance with the laws of the State in which the Tournament Site is located, regardless of any contrary conflict of laws provisions. USA Softball, Host and Sponsor each agree that any action arising out of the Agreement shall be litigated under the laws of the State in which the Tournament Site is located with any state court action to be brought in the applicable state of federal district in which the Tournament Site is located, to the exclusion of all other courts, venues or jurisdictions. Nothing herein shall limit a party’s right to remove an action from state court to federal court, pursuant to applicable law and rules. USA Softball, Host and Sponsor agree to submit to the jurisdiction of such courts, after service of process in accordance with applicable law. USA Softball, Host and Sponsor agree to submit to the jurisdiction of such courts, and that service of process by certified mail, return receipt requested, at the addresses set forth in the Agreement shall be sufficient to confer such courts in personam jurisdiction over USA Softball, Host and Sponsor. IN WITNESS WHEREOF, USA Softball, Host and Sponsor have executed the Agreement in triplicate copies, each of which shall be deemed an original, effective as of the Effective Date. USA Softball, Inc. _________________________________________________ Craig Cress, Executive Director -8- Host Countersigned: City of Clearwater, Florida ___________________________ By: ______________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ___________________________ Matthew M. Smith Rosemarie Call Assistant City Attorney City Clerk Sponsor USA Softball Florida _________________________________________________ Name, Title USA SOFTBALL NATIONAL CHAMPIONSHIP TOURNAMENT AGREEMENT This National Championship Tournament Agreement (“Agreement”) is made and entered into as of the _____ day of ______________ 2017 (“Effective Date”) by and between USA Softball, Inc., an Oklahoma not-for-profit corporation, with its principal office at 2801 N.E. 50th Street, Oklahoma City, Oklahoma 73111 (“USA Softball”), the acting as and known in the Agreement as the City of Clearwater (“Host”) and the USA Softball, Florida (“Sponsor”). Host and Sponsor are collectively referred to in the Agreement as the “Parties.” WITNESSETH: WHEREAS, USA Softball is responsible for promoting and conducting annual national championship tournaments for each class and division of USA Softball Championship Play as set forth in USA Softball Code Article 516 ( each a “National Championship Tournament” ); and WHEREAS, USA Softball has awarded to Host the right to host one or more National Championship Tournaments during the applicable Tournament Year (“The Tournament Year”); and NOW, THEREFORE, in consideration of mutual promises and agreements herein and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows: 1. NATIONAL CHAMPIONSHIP TOURNAMENT 1.1 The USA Softball GOLD 18-Under Fastpitch (the “Tournament”) for the Tournament Year shall be held at Eddie C. Moore Complexes. (“Tournament Site” ) with competition to begin on July 16th (the “Tournament Start Date” ) and be completed by July 22nd ( the “Tournament End Date” ). 1.2 Host and Sponsor shall abide by the terms and conditions of the bid submitted by Host for the Tournament (the “Bid”), which is herein incorporated by reference. To the extent the Bid requires Host to pay for any expense or provide any benefit of greater value, quantity or quality than the provisions of the Agreement or the USA Softball Code and USA Softball Procedural Manual, the Bid shall govern with respect to such expense or benefit; in all other respects, the terms of this Agreement and the USA Softball Code shall govern. 2. TERM OF THE AGREEMENT 2.1 The Agreement shall commence on the Effective Date and, unless sooner terminated as provided herein, shall terminate on the thirty-second (32nd) day after the Tournament End Date. 3. APPLICABLE GOVERNING DOCUMENTS 3.1 Host and Sponsor shall perform all duties and obligations required by law, statute, or regulation as Tournament host in accordance and compliance with the USA Softball Code, the USA Softball Procedural Manual, the Official Rules of Softball in effect during the Tournament as published and amended by USA Softball from time to time, the terms and conditions of this Agreement, and the terms and provisions of the Bid, each of which is hereby incorporated by reference. Any and all provisions, rules, and procedures shall be completed by the time period specified by USA Softball from time to time. The provisions of the USA Softball Code and USA Softball Procedural Manual shall control the obligations of Host and Sponsor including but not limited to Articles 111, 204, 205, 302, 303, 304, 305, 306, and 307 for the USA Softball Procedural Manual; and Articles 206, 207, 301, 302, 303, 305, 306, 307, 309, 310, 311, 316, and 317 of the USA Softball Code. USA Softball shall provide a copy of the USA Softball Procedural Manual, USA Softball Code, and the Rules to Sponsor and Host upon written request. 4. OBLIGATIONS OF THE HOST 4.1 Host shall provide Tournament facilities conforming to the most current USA Softball Code, USA Softball Procedural Manual, and Official Rules of Softball (the “Rules”). -2- 4.2 Host shall comply with USA Softball Rule book Rule 3 Section 3 regarding game balls. 4.3 Host shall be responsible to provide and pay for certain expenses related to the Tournament including, without limitation, each of the following: A. Game Fees. Host shall comply with USA Softball Procedural Manual Article 303(B) regarding game fees. B. Umpire In Chief (“UIC”), Assistant UIC, Umpire Staff (collectively,“Umpires”). Host shall provide housing, two to a room, for all umpires throughout the Tournament. The Host will provide the UIC and the Assistant UIC with local transportation to and from their Hotel and the Tournament Site. Host shall provide a private dressing room and meeting facility in close proximity to the playing fields for the Umpires’ use. Host shall pay UIC a per diem and Assistant UIC a per diem throughout the Tournament, this amount is stated in Article 303 of the USA Softball Procedural Manual. C. USA SOFTBALL Representative (the “Representative”). Throughout the Tournament, the Tournament Host shall provide for the Representative a single room at the hotel designated by Host as the headquarters hotel and shall provide the Representative with a vehicle for his/her exclusive use. Host shall pay the Representative a per diem this amount is stated in Article 303 of the USA Softball Procedural Manual. D. USA SOFTBALL President and Executive Director. Host shall provide the USA Softball President and the USA Softball Executive Director, or their respective designee’s, complimentary housing accommodations, and local transportation equal to or exceeding the accommodations and transportation provided to the Representative throughout the Tournament. 4.4 Pursuant to Articles 303(C) of the USA Softball Procedural Manual, Host shall be solely responsible for all operations and all operational and administrative expenses associated with hosting and conducting the Tournament including, without limitation, the following: A. Field Maintenance. Host shall ensure a properly trained and equipped grounds crew is on hand and present throughout the Tournament to ensure the facilities remain clean and free from any obstructions and in compliance with the USA Softball Code, USA Softball Procedural Manual, and the Rules. B. Security and First Aid. Host shall ensure properly trained and equipped security, ambulance service and emergency medical personnel are available throughout the Tournament. C. Tournament Support Staff. Host shall retain sufficient personnel to perform as statistician(s), announcer(s), official scorekeepers, scoreboard attendants, ball chasers, ticket sellers, ticket collectors, and other gate crew throughout the Tournament. USA Softball may require Host to retain additional personnel whenever USA Softball determines, in its sole and absolute discretion, such additional personnel are needed. D. Advertisement and Promotion. Host shall prominently advertise and promote the Tournament prior to and throughout the Tournament. Host understands and expressly agrees to prominently mention, display or indicate USA Softball in all Tournament advertising materials. E. Program / Ticket Printing. No later than thirty (30) days prior to the Tournament Start Date, Host shall submit to USA Softball for approval a design copy of the Tournament program and a sample form of Tournament tickets. Title to all programs and tickets supplied to USA Softball pursuant hereto shall immediately pass to and vest in USA Softball. If USA Softball fails to notify Host within ten (10) days after its receipt of these items of a decision to reject any advertisement, graphic or text contained therein, the program and ticket materials shall be deemed approved by USA Softball for Tournament use. Host shall print a sufficient number of Tournament programs and tickets prior to the Tournament Start Date. -3- 4.5 Host shall comply with USA Softball Procedural Manual Article 306 regarding Tournament awards. 4.6 At Tournament Check-In, Host shall obtain and collect fully signed Roster Forms from each participant who will be participating in the Tournament (and shall not allow participation unless fully signed forms have been provided in advance of the start of the Tournament). Host shall also provide, pay for and host a pre-Tournament event at which a meal is provided for at least one (1) representative of each participating team and each of the Tournament sponsor representatives, the Umpires, Host and Sponsor representatives, USA Softball Council members, representatives and commissioners, the USA Softball President and Executive Director or their designee(s), the press, and other persons invited by Host who are present at the event (the “Pre-Tournament Event”). At the Pre-Tournament Event, the Host shall provide each team representative with a copy of USA Softball’s Participant Manual and, at the Pre-Tournament Event or directly after the Pre-Tournament Event, the Host shall provide each team representative with an opportunity to inspect the fields and facilities. 4.7 Host shall provide free admission at all Tournament games for USA Softball Council members, their spouses and immediate family upon production of identification identifying such person as a USA Softball council member. Such admitted persons shall be entitled to reserved seating and admittance to hospitality functions, but only up to a maximum of 25 reserved seats and admissions in the aggregate. For purposes of satisfying the obligations of this subsection, in addition to the applicable free admissions (which shall be unlimited in number), Host shall reserve for USA Softball’s use twenty-five (25) best seated reserved tickets to each game and the same number of passes and invitations to any hospitality function hosted by Host or Sponsor in connection with the Tournament. 4.8 Host shall be solely responsible for all souvenir items sold at or in conjunction with the Tournament. A. Pre-Approval of All Souvenir Items. A sample or exemplar of all souvenir items Host proposes to sell or allow others to sell in conjunction with the Tournament shall be submitted to USA Softball at least thirty (30) days prior to the Tournament start date. Excluding those items provided for in the immediately following sentence (all of which shall require affirmative approval), if USA Softball fails to notify Host within ten (10) days after its receipt of these items of a decision to reject any such items, then as to those items that do not contain the USA Softball name, emblem or logo that were not timely rejected, those items shall be deemed approved by USA Softball for sale in conjunction with the Tournament. Pursuant to Article 310(L) of the USA Softball Code, souvenir items with the USA Softball name, emblem or logo must be affirmatively approved in advance and in writing by the USA Softball National Office prior to their use, production or resale. Host shall not sell or permit the sale of any rejected item. B. Souvenir Reporting. Host must comply with USA Softball Procedural Manual Article 304(I) in submitting souvenir report to USA Softball for all souvenir sales, including sales made by third-parties (if any). If Host or Sponsor execute a contract or agreement with or allow a third-party to sell any souvenir item(s) at or in conjunction with the Tournament, Host shall ensure that such contract (the “Vendor Contract”) and such third party shall comply with USA Softball Procedural Manual Article 304 (I) in submitting a report which details its gross sales. Host shall provide USA Softball with copies of all Vendor Contracts prior to the Tournament Start Date. 4.9 Following the Tournament End Date, Host shall prepare and submit the following reports to USA Softball: A. Financial Report. Host must comply with USA Softball Procedural Manual Article 304(F) and 307(E)(04). Host’s President, Chief Financial Officer or Chief Executive Officer and the Sponsor Commissioner shall each be jointly and severally responsible for filing the Report and shall warrant and guarantee its accuracy and completeness. B. Official Final Standings. Within twenty-four (24) hours after the Tournament End Date, Host shall fax or email and mail to USA Softball National Office the official, final Tournament standings of all participating teams. USA Softball Procedural Manual Article 307(E)(01). -4- C. All-American Teams. Within twenty-four (24) hours after the Tournament End Date, Host shall fax or email and mail to USA Softball National Office a list of the Tournament’s first (1st) and second (2nd) All-American teams for each adult division of USA Softball Championship Play. USA Softball Procedural Manual Article 307(E)(02). D. Tournament Highlights. Within thirty (30) days after the Tournament End Date, Host shall comply with USA Softball Procedural Manual Article 307(E)(03). E. Advertisement and Promotional Material. Within thirty (30) days after the Tournament End Date, Host shall submit to USA Softball copies of all photographs (i.e. team and action), news releases and statistics taken, issued or compiled during the Tournament and all materials used in advertising, promoting and publicizing the Tournament including, without limitation, at least six (6) action photographs and team pictures of the champion, runner up and first (1st) All-American teams chosen at the Tournament. F. Use of Tournamentusasoftball.com Host shall comply with the USA Softball Procedural Manual Article 105 (D)(14) and utilize http://tournamentusasoftball.com/ for all Championship Finals Tournaments. 4.10 In addition to the preparation and submission requirements of the above Section 4.9, Host shall be responsible for the following: A. Tournament Results, Score Sheets, Entry Fees, Assessments. Host shall comply with USA Softball Procedural Manual Article 305, 307(E)(3-5). Within thirty (30) days after the Tournament End Date, Host agrees to remit to USA Softball that portion of the Entry Fee which represents the $100-per-team ($25-per-team for slow pitch) assessment fee due USA Softball pursuant to USA Softball Code Article 303(A) and, additionally, the $100/$300 per-team bid fee due and required by USA Softball’s Board of Directors, as set forth in the Bid Documents and USA Softball Procedural Manual Article 303. B. All-American Team Statistics. Within thirty (30) days after the Tournament End Date, Host shall submit statistics to the USA Softball National Office. (USA Softball Procedural Manual Article 307 (E)(06)). 4.11 The Tournament cannot be cancelled without the written consent of USA Softball’s Executive Director. 5. OBLIGATIONS OF USA SOFTBALL 5.1 USA Softball shall resolve questions regarding qualification or eligibility of any team or team member entered in the Tournament in accordance with the USA Softball Procedural Manual, USA Softball Code, and the Rules. 5.2 The USA Softball shall select the UIC and all members of the umpire staff to officiate in the Tournament. The UIC selected by USA Softball shall be in charge of all details pertaining to the officiating duties of the umpire staff during the Tournament. If an Assistant UIC is required pursuant to USA Softball Procedural Manual Article 111(C)(2)(a, b, & c), the Sponsor’s regional UIC shall select and assign any Assistant UIC. 5.3 USA Softball understands that there may be local laws, regulations, and ordinances that the Host may have to abide by that could ultimately affect the play of the tournament. Host shall make USA Softball aware of all such laws, regulations, and ordinances as soon as possible so they may be discussed with all parties to determine a way to properly complete the tournament. In conducting the tournament, USA Softball shall endeavor to comply with all laws, regulations, and ordinances that apply to tournament play. 6. OBLIGATIONS OF THE SPONSOR 6.1 Sponsor guarantees Host’s complete and faithful performance of each and every obligation of Host contained or referenced in the Agreement or Bid. Accordingly, Sponsor shall be jointly and severally liable for the performance of Host’s liabilities and obligations arising under or in connection with the -5- Agreement or Bid. In addition to all other available remedies and as specified in USA Softball Procedural Manual Article 305(B), if Host or Sponsor fails to file any report or remit any payment when due under this Agreement, Sponsor will be barred from bidding to host or sponsor any USA Softball tournaments until: (i) all monies and reports required under the Agreement are received by USA Softball; (ii) all monies owed under the Agreement are written off by the USA Softball Board of Directors; or (iii) the Sponsor Commissioner is replaced. 7. SPONSORSHIPS / MARKETING AGREEMENTS 7.1 Neither Host nor Sponsor may enter into any sponsorship or marketing agreement for purposes of, affecting or relating to any National Championship Tournament without the prior, written approval of the USA Softball Executive Director. 7.2 USA Softball national sponsors shall have the right and opportunity to market their goods and services at the Event. Any marketing or sponsorship fees charged to USA Softball national sponsors and relating to the event shall be non-discriminatory. 8. USA SOFTBALL/SPONSOR INSURANCE REQUIREMENTS 8.1 Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. 8.2 Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $500,000 (five hundred thousand dollars) combined single limit. 8.3 Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. 9. EARLY TERMINATION 9.1 If at any time either Host or Sponsor fails to perform or is in breach of any obligation imposed by the USA Softball Code, the Rules, the Bid or the Agreement, USA Softball may serve notice on Host and Sponsor specifying the nature of the breach. If Host and/or Sponsor do not cure the breach immediately to the complete satisfaction of USA Softball, USA Softball may serve a Notice of Termination of this Agreement, which shall be effective upon mailing, and may then cause the Tournament to be relocated. 9.2 Host and Sponsor acknowledge and agree that USA Softball has relied on the full and complete performance of Host and Sponsor under the Agreement and early termination of the Agreement would cause immeasurable and irreparable harm to USA Softball. As a consequence thereof, Host and Sponsor agree to forfeit the Tournament Guarantee, as provided for in the USA Softball Code, USA Softball Procedural Manual, and the Bid, if the Agreement is terminated for any reason prior to the Tournament End Date. 9.3 Nothing in this Article shall be deemed a restriction upon USA Softball’s rights to enforce any other remedies specified in the Agreement and to seek any and all available legal or equitable relief, as well as recovery of all expenses, including but not limited to reasonable attorney’s fees incurred in enforcing its rights under the Agreement. -6- 10. INDEMNITY / HOLD HARMLESS 10.1 Subject to the limitations set out in § 768.28, Florida Statutes, Host and Sponsor shall defend, indemnity and hold USA Softball harmless from and against any and all loss or liability which in any way, directly, indirectly or allegedly arises out of or relates to: (i) the Tournament; (ii) a breach of any of Host’s or Sponsor’s obligations under this Agreement; or (iii) any misrepresentation of fact or breach of any warranty mad by Host or Sponsor in or in connection with this Agreement. However, the Host shall not be liable and shall not defend, indemnity of hold USA Softball harmless from and against any loss or liability which in any way directly or allegedly arises out of or relates to any of the obligations incurred by USA Softball pursuant to section 5 of this Agreement, nor any loss or liability caused solely by the acts or omissions of Sponsor. This indemnification shall not be construed to be an indemnification for the acts or omissions of third parties, independent contractors or third party agents of the Host. This indemnification shall not be construed as a waiver of Host’s sovereign immunity, and shall be interpreted as limited to only such traditional liabilities for which Host could be liable under the common law interpreting the limited waiver of sovereign immunity. Any claims against Host must comply with the procedures found in §768.28, Florida Statues. In order to comply with the requirements of §166.241, Florida Statutes, and Article VII, section 10 of the Florida Constitution, the value of this indemnification is limited to the lesser of the amount payable by either party under the substantive provisions of this Agreement, or the limitations of §768.28, Florida Statutes. In addition, this indemnification shall be construed to limit recovery by the indemnified party against Host to only those damages caused by Host’s sole negligence, and specifically not include any attorney’s fees or costs associated therewith. 11. NOTICES 11.1 All notices or demands required to be made or permitted under the Agreement shall be in writing and shall be deemed served when deposited in the United States mail as postage certified mail, return receipt requested, with sufficient postage prepaid thereon and addressed as provided in the first paragraph of the Agreement or to such other address as each party may from time to time designate in writing 12. REPRESENTATIONS AND WARRANTIES OF HOST AND SPONSOR 12.1 Sponsor represents and warrants that as of the Effective Date, it is a member of USA Softball in good standing. Host and Sponsor each represent and warrant that it understands that USA Softball has made no representation, warranty or guarantee regarding any fact or condition which may affect the Tournament’s financial success including but not limited to any representation, warranty or guarantee regarding the number of teams which may participate in the Tournament, Tournament attendance, gate receipts, concessions or revenue for souvenir sales. Host and Sponsor knowingly and willingly assume all risks associated with the Tournament’s financial success and understand that the Tournament Guarantee is fully earned as of the Effective Date and is non-refundable. 12.2 The Tournament Guarantee and any other sums due USA Softball (other than the $100-per-team Entry Fees) will be invoiced to the Host on the January 1st of the year of the Tournament (or as soon as practicable thereafter) and the invoiced sums will be due and payable within 30 days of the invoice date. 13. MISCELLANEOUS 13.1 The Agreement contains and constitutes the entire agreement between the Parties and supersedes any prior agreements between the Parties, written or oral, with respect to the subject matter hereof. 13.2 The provisions of the Agreement are severable and the invalidity of one or more provisions herein shall not have any effect upon the validity or enforceability of any other provision. 13.3 Neither this Agreement nor the Bid may be amended, modified, rescinded or revoked except by written agreement executed by USA Softball, Host and Sponsor. -7- 13.4 USA Softball may assign any rights or benefits accruing to it or delegate any of its responsibilities or obligations under the Agreement to a subsidiary, affiliate or related entity of USA Softball upon thirty (30) days written notice to Host. Such assignment or delegation shall not require prior written consent of Host or Sponsor. Neither Host nor Sponsor shall assign any benefits or delegate any obligations under the Agreement without express, prior written consent of USA Softball. 13.5 The rights and remedies of the Parties herein specified shall be cumulative and not exclusive of any other rights and remedies herein provided or allowed by law. 13.6 If any party commences legal action or arbitration alleging a violation of the Agreement, or seeking to enforce, construe, modify or interpret the Agreement, or any provision herein, the non-prevailing party shall, to the extent permitted by applicable law, pay all costs and reasonable attorneys’ fees incurred by the prevailing party in connection with such action. 13.7 Articles 3, 4, 6, 7, 8, 9, 10, 12 and 13 of this Agreement shall survive any termination or expiration of the Agreement. 13.8 Any updates to USA Softball’s Code, Procedural Manual, Technical Manual or Official Rules of Softball which may render outdated the particular references herein to sections or subsections of those documents shall be automatically deemed to reference the newly updated or newly renumbered section or subsection of the applicable document. 13.9 The Agreement shall be binding on the Parties and inure to the benefit of USA Softball, its successors and assigns. 13.10 Any waiver by a party of any breach of the Agreement shall not operate as or be construed as a waiver of any other breach of such provision or of any other provision of the Agreement. Any waiver must be in writing. Failure to insist upon strict adherence to any term of the Agreement on one or more occasions shall not be considered a waiver or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of the Agreement. 13.11 The Agreement shall be governed by interpreted and enforced in accordance with the la ws of the State in which the Tournament Site is located, regardless of any contrary conflict of laws provisions. USA Softball, Host and Sponsor each agree that any action arising out of the Agreement shall be litigated under the laws of the State in which the Tournament Site is located with any state court action to be brought in the applicable state of federal district in which the Tournament Site is located, to the exclusion of all other courts, venues or jurisdictions. Nothing herein shall limit a party’s right to remove an action from state court to federal court, pursuant to applicable law and rules. USA Softball, Host and Sponsor agree to submit to the jurisdiction of such courts, after service of process in accordance with applicable law. USA Softball, Host and Sponsor agree to submit to the jurisdiction of such courts, and that service of process by certified mail, return receipt requested, at the addresses set forth in the Agreement shall be sufficient to confer such courts in personam jurisdiction over USA Softball, Host and Sponsor. IN WITNESS WHEREOF, USA Softball, Host and Sponsor have executed the Agreement in triplicate copies, each of which shall be deemed an original, effective as of the Effective Date. USA Softball, Inc. _________________________________________________ Craig Cress, Executive Director -8- Host Countersigned: City of Clearwater, Florida ___________________________ By: ______________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ___________________________ Matthew M. Smith Rosemarie Call Assistant City Attorney City Clerk Sponsor USA Softball Florida _________________________________________________ Name, Title Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3607 Agenda Date: 6/14/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Award a contract (purchase order) to Caladesi Construction Company (Caladesi) of Largo Fl., Bid 16-0035-PR for the construction of the Morningside Recreation Center Building located at 2400 Harn Blvd. in the amount of $5,702,809.73, including 10% contingency; transfer $385,000 of Gas revenues and $815,000 of general fund reserves at third quarter to the Morningside Recreation Center (CIP 315-93251) and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 6, 2015, the City Council approved allocating an additional $2,580,000 from undesignated Penny III projects to Capital Project 315-93251 (Morningside Recreation Center), in fiscal year 2016/17, for the construction of the new 22,000 sq. ft. recreation center at Morningside Recreation Complex. A design committee made up of city staff and citizens worked together with Wannemacher Jensen Architects, Inc. (WJA) to design a facility that would meet the needs of the community. The completed design went out to public bid on April 2017 resulting in 9 very competitive bids . The bids ranged from a low of $5,702,809.73 to $6,376,159 or a range of $673,349.27. Caladesi was the lowest and most responsive of all bidders. The scope of the contract includes all construction trades necessary to build a 20,900 sq. ft. recreation center consisting of the following spaces: Lobby, Office, Fitness Room, Gymnasium, Storage, Restrooms and Multipurpose rooms for meetings and programs. One of the most creative additions to this construction project is the inclusion of gas powered air conditioning system for the building. The increased investment cost to add this system is $385,000. It is anticipated that the system will produce enough energy savings within 7 to 9.7 years to cover the cost of the initial investment and savings thereafter. The budget for this project which was first approved in fiscal year 2000 as a Penny II project is $5,965,000. To date, the following has been completed and/or encumbered for this project: Removal of previous recreation center and improvements to Morningside Park FY06-09 - $240,615 Architectural and Engineering Services for the Center and Pool FY15-17 - $411,560 Remove pool building, construct new pool pump system, changing room cabanas, basketball courts, fencing and site work FY16/17 - $592,095 Additional items to be completed in this project include FF & E, Public Art, Installation of gas Page 1 City of Clearwater Printed on 6/13/2017 File Number: ID#17-3607 water heaters, fencing and this contract. Additional funding required to complete this project is $1,200,000 to come from $385,000 Gas revenues and $815,000 General Fund Reserves. This item supports the City Strategic Direction and priorities for quality by providing new infrastructure for the citizens of Clearwater. APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will provide a transfer of $385,000 in Gas revenues and $815,000 in General Fund revenues , to capital improvement project 315-315-93251, Morningside Recreation Center, to fund this contract. USE OF RESERVE FUNDS: Funding for this contract will be provided by a third quarter budget amendment allocating General Fund reserves in the amount of $815,000 to capital improvement project 315-93251, Morningside Recreation Center. Inclusive of this item if approved, a net total of $7,993,663 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 after the 8.5% reserve requirement is approximately $14.0 million, or 10.7% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 6/13/2017 SECTION V – Contract Documents SECTION V Page i Updated: 2/6/2017 Addendum NO. 4 SECTION V CONTRACT DOCUMENTS Table of Contents PUBLIC CONSTRUCTION BOND ......................................................................................................... 1 CONTRACT ................................................................................................................................................ 3 CONSENT OF SURETY TO FINAL PAYMENT .................................................................................. 7 PROPOSAL/BID BOND ............................................................................................................................ 8 AFFIDAVIT ................................................................................................................................................ 9 NON COLLUSION AFFIDAVIT............................................................................................................ 10 PROPOSAL ............................................................................................................................................... 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................... 13 BIDDER’S PROPOSAL ........................................................................................................................... 14 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ....................................................................................................................... 16 SECTION V – Contract Documents SECTION V Page 1 of 16 Updated: 2/6/2017 Bond No.:________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER Caladesi Construction Co [1390 Donegan Rd. Largo, FL 33771 ] [727-585-9945] [name] [principal business address] [phone number] City of Clearwater Parks & Recreation Dept 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4856 PROJECT NAME: MORNINGSIDE RECREATION COMPLEX PROJECT NO.: 16-0035-PR PROJECT DESCRIPTION: Morningside Recreation Complex – New Recreation Center 21,000 sq. ft., 2400 Harn Blvd. Clearwater, Florida 33764 BY THIS BOND, We, __________________________________, as Contractor, and __________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $5,702,809.73], for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated _________________, between Contractor and Owner for construction of Morningside Recreation Complex – New Recreation Center, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and SECTION V – Contract Documents SECTION V Page 2 of 16 Updated: 2/6/2017 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). [Caladesi Construction Company] By: ____________________________ Title: ____________________________ Print Name: ____________________________ WITNESS: WITNESS: _______________________________________ _______________________________________ Corporate Secretary or Witness Print Name: ____________________________ Print Name: _____________________________ (affix corporate seal) _______________________________________ (Corporate Surety) By: _________________________________ ATTORNEY-IN-FACT Print Name: ___________________________ (affix corporate seal) (Power of Attorney must be attached) SECTION V – Contract Documents SECTION V Page 3 of 16 Updated: 2/6/2017 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and _____________________________________, of the City of ____________________ County of __________________________ and State of Florida, hereinafter designated as the "Contractor". [Or, if out of state:] This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and _____________________________________, a/an _____________(State) Corporation authorized to do business in the State of Florida, of the City of ____________________ County of __________________________ and S tate of ____________, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: Morningside Recreation Complex – New Recreation Center PROJECT NO.: 16-0035-PR in the amount of $_5,702,809.73 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. SECTION V – Contract Documents SECTION V Page 4 of 16 Updated: 2/6/2017 CONTRACT (2) THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SECTION V – Contract Documents SECTION V Page 5 of 16 Updated: 2/6/2017 CONTRACT (3) In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 727-562-4092, Rosemarie.Call@myclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756 The contractor’s agreement to comply with public records law applies specifically to: a)Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b)Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c)Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d)Upon completion of the contract , transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e)A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f)The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h)If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: SECTION V – Contract Documents SECTION V Page 6 of 16 Updated: 2/6/2017 CONTRACT (4) 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i)A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j)A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: __________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: __________________________________________ Rosemarie Call City Clerk By: __________________________________ Approved as to form: George N. Cretekos, Mayor __________________________________________ Matthew M. Smith Assistant City Attorney Contractor must indicate whether: ______ Corporation, ______ Partnership, ______ Company, or ______ Individual __________________________________________ (Contractor) By: _________________________ (SEAL) Print Name: ________________________________ Title: _____________________________________ The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation – provide Affidavit. SECTION V – Contract Documents SECTION V Page 7 of 16 Updated: 2/6/2017 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: Morningside Recreation Complex New Recreation Center Parks & Rec. Dept. PROJECT NO.: 16-0035-PR 100 S. Myrtle Ave. CONTRACT DATE: [__________] Clearwater, FL 33756 BOND NO. : [__________], recorded in O.R. Book [____], Page [____], of the Public Records of Pinellas County, Florida. CONTRACTOR: [__________] Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: [insert name of Surety] [address] [address] ,SURETY, on bond of [insert name of Contractor] [address] [address] ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Parks & Recreation Dept 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ___________, ______ __________________________________________ (Surety) __________________________________________ (Signature of authorized representative) __________________________________________ (Printed name and title) Attest: (Seal): BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization & Demobilization 1 LS 280,000.00$ 280,000.00$ 54,270.00$ 54,270.00$ 17,512.00$ 17,512.00$ 29,416.00$ 29,416.00$ 2 Surveying, Layout, Material Testing & ‘As Built’ Dwg. 1 LS 20,000.00$ 20,000.00$ 23,466.75$ 23,466.75$ 32,700.00$ 32,700.00$ 22,500.00$ 22,500.00$ 3 Inclusive of all site work shown on Bldg. Permit BCP2016-01415 1 LS 570,000.00$ 570,000.00$ 299,458.85$ 299,458.85$ 605,694.00$ 605,694.00$ 451,061.00$ 451,061.00$ 4 Inclusive of all building construction of New Recreation Center shown on Bldg. Permit BCP2016-01415 1 LS 2,129,150.00$ 2,129,150.00$ 4,081,680.87$ 2,546,629.95$ 3,318,757.00$ 3,318,757.00$ 3,586,350.00$ 3,586,350.00$ 5 Extended 3 year warranty of beyond 7 year provided by Yanmar Gas HV/AC System 1 LS 17,000.00$ 17,000.00$ 27,315.90$ 27,315.90$ -$ 27,180.00$ 27,180.00$ 6 Inclusive of all items for a10 year maintenance agreement of Yanmar Gas HV/AC system, includes monthly maintenance of system. Owner shall provide lift for access of air handler in gymnasium during the 10 year maintenance agreement. 1 LS 92,000.00$ 92,000.00$ 67,604.34$ 67,604.34$ -$ 67,268.00$ 67,268.00$ 7 General Contractor shall provide an electrical lift to Service HV/AC air handling units mounted in the Gymnasium Ceiling per Florida Building Code, Section 306.3 Appliance in Attic a man lift large enough to allow removal of the largest appliance and wide enough to accommodate service personnel to perform servicing of the appliance in the gymnasium. The man lift shall be stored on site in the storage room off the gymnasium. 1 LS 28,000.00$ 28,000.00$ 26,004.15$ 26,004.15$ 25,061.00$ 25,061.00$ 29,175.00$ 29,175.00$ 8 General Conditions/Supervision 1 LS 190,000.00$ 190,000.00$ 195,221.75$ 195,221.75$ 126,788.00$ 126,788.00$ 255,912.00$ 255,912.00$ 9 Profit and Overhead 1 LS 210,000.00$ 210,000.00$ 381,680.21$ 381,680.21$ 150,199.00$ 150,199.00$ 327,873.00$ 327,873.00$ 10 City of Clearwater Building Permit No Fee for City project from Building Dept.1 LS -$ -$ -$ -$ 11 Sales Tax &Materials for Owner Direct Purchase (ODP)of materials (construction material for building site work items, & all other miscellaneous items) 1 LS 1,802,000.00$ 1,802,000.00$ 1,535,050.92$ 1,535,050.92$ 880,130.00$ 880,130.00$ 1,009,360.00$ 1,009,360.00$ 11a Owner Direct Purchase (break out of 11 not in bid totals)1,700,000.000$ 1,700,000.000$ 1,444,096.000$ 1,444,096.000$ 829,792.000$ 829,792.000$ 938,705.000$ 938,705.000$ 11b Sales Tax amount (break out of 11 not in bid totals)102,000.000$ 102,000.000$ 90,954.920$ 90,954.920$ 50,338.000$ 50,338.000$ 70,655.000$ 70,655.000$ 12 10% Bid Bond, Performance surety bond recorded at Pinellas County Court House recorded original provide to the Owner. 1 LS 150.00$ 150.00$ 27,669.66$ 27,669.66$ -$ 54,645.00$ 54,645.00$ 13 Sub Total of items 1 – 12 5,338,300.00$ 5,184,372.48$ 5,156,841.00$ 5,860,740.00$ 14 10% Contingency 1 LS 533,830.00$ 518,437.25$ 515,684.10$ 586,074.00$ 15 TOTAL BID (Items 1-12 + Contingency)1 LS 5,872,130.00$ 5,702,809.73$ 5,672,525.10$ 6,376,159.00$ Bid modified to allow for proper comparison. Abenge 5/31/17 INCOMPLETE BID - Non-responsive. Abenge 5/31/17 Lema Construction & Developers, Inc. 10001 16th St. N. St. Petersburg, FL 33716 MORNINGSIDE RECREATION CENTER PROJECT # 16-0035-PR BID OPENING - 5/23/17 AWARD - WEDNESDAY JUNE 14, 2017 Bandes Construction Company Inc. 1368 Spalding Road Dunedin, FL 34698 Caladesi Construction Co. 1390 Donegan Road Largo, FL 33771 J.O. Delotto & Sons, Inc. 924 E. Busch Blvd. Tampa, FL 33612-8598 UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 32,300.00$ 32,300.00$ 12,450.00$ 12,450.00$ 13,082.00$ 13,082.00$ 34,000.00$ 34,000.00$ 75,000.00$ 75,000.00$ 29,472.00$ 29,472.00$ 18,950.00$ 18,950.00$ 15,550.00$ 15,550.00$ 21,000.00$ 21,000.00$ 30,775.00$ 30,775.00$ 440,064.00$ 440,064.00$ 486,256.61$ 486,256.61$ 478,427.00$ 478,427.00$ 353,873.00$ 353,873.00$ 730,060.00$ 730,060.00$ 4,580,448.00$ 2,835,361.00$ 4,166,266.10$ 2,970,552.46$ 3,097,552.00$ 3,097,552.00$ 3,401,667.00$ 3,401,667.00$ 4,048,910.00$ 3,038,041.00$ 27,180.00$ 27,180.00$ 27,180.00$ 27,180.00$ 27,000.00$ 27,000.00$ 32,200.00$ 32,200.00$ 30,006.00$ 30,006.00$ 67,268.00$ 67,268.00$ 67,268.00$ 67,268.00$ 67,000.00$ 67,000.00$ 78,200.00$ 78,200.00$ 74,263.00$ 74,263.00$ 28,567.00$ 28,567.00$ 14,493.15$ 14,493.15$ 892.40$ 892.40$ 26,588.00$ 26,588.00$ 35,966.00$ 35,966.00$ 96,900.00$ 96,900.00$ 244,630.80$ 244,630.80$ 149,475.00$ 149,475.00$ 309,704.00$ 309,704.00$ 148,063.00$ 148,063.00$ 154,842.00$ 154,842.00$ 313,174.16$ 313,174.16$ 209,761.12$ 209,761.12$ 400,912.00$ 400,912.00$ 458,460.00$ 458,460.00$ -$ -$ -$ -$ -$ 1,745,087.00$ 1,745,087.00$ 1,195,713.64$ 1,195,713.64$ 1,459,500.00$ 1,459,500.00$ 1,041,828.00$ 1,041,828.00$ 1,071,521.00$ 1,071,521.00$ 1,636,771.000$ 1,636,771.000$ 1,195,713.640$ 1,195,713.640$ 1,375,763.000$ 1,375,763.000$ 937,671.000$ 937,671.000$ 1,010,869.000$ 1,010,869.000$ 108,316.000$ 108,316.000$ 75,151.800$ 75,151.800$ 83,737.000$ 83,737.000$ 68,157.000$ 68,157.000$ 60,652.000$ 60,652.000$ 54,700.00$ 54,700.00$ 41,000.00$ 41,000.00$ 47,250.00$ 47,250.00$ 60,300.00$ 60,300.00$ 50,234.00$ 50,234.00$ 5,511,741.00$ 5,391,668.82$ 5,565,489.52$ 5,760,272.00$ 5,742,389.00$ 551,174.10$ 539,166.88$ 556,548.95$ 576,027.20$ 574,238.90$ 5,954,599.10$ 5,855,683.90$ 6,122,038.47$ 6,336,299.20$ 6,316,627.90$ Bid modified to allow for proper comparison. ABenge 5/31/17 Bid modified to allow for proper comparison. ABenge 5/31/17 Bid modified to allow for proper comparison. ABenge 5/31/17 NuJak Development, Inc. 714 N. Massachusetts Ave. Lakeland, FL 33801 Park Construction 2201 NE Coachman Rd. Suite 201 Clearwater, FL 33765 Shearer Companies, Inc. 8311 63rd Way N. Pinellas Park, FL 33781 Triad Construction Services, Inc. P.O. Box 13309 Tampa, FL 33681 West Construction, Inc. 820 N. 4th St. Lantana, FL 33642 THE ARCHITECT'S COMMON LAW COPYRIGHT ANDOTHER PROPERTY RIGHTS ARE HEREBY RESERVED INTHE IDEAS, DESIGNS, PLANS, DRAWINGS, ANDSPECIFICATIONS PRODUCED BY THE ARCHITECT.THESE IDEAS, DESIGNS, PLANS, DRAWINGS, ANDSPECIFICATIONS SHALL NOT BE REPRODUCED ORCONVEYED IN ANY MANNER NOR ASSIGNED TO ANYTHIRD PARTY WITHOUT FIRST OBTAINING THEEXPRESS WRITTEN PERMISSION OF THE ARCHITECT.CONSENT IS HEREBY GRANTED TO GOVERNMENTALAGENCIES TO REPRODUCE THE CONSTRUCTIONDRAWINGS IN COMPLIANCE WITH THE STATESTATUTES.. TO THE BEST OF THE ARCHITECT'S OFENGINEER'S KNOWLEDGE, THE PLANS ANDSPECIFICATIONS COMPLY WITH THE APPLICABLEMINIMUM BUILDING CODES AND THE APPLICABLEFIRE SAFETY STANDARDS AS DETERMINED BY THELOCAL AUTHORITY IN ACCORDANCE WITH CHAPTERS553 AND 633 OF THE FLORIDA STATUTES.180 Mirror Lake Drive NorthSt. Petersburg, Florida 33701-3214(727) 822-5566 fax (727) 822-5475www.wjarc.comAA0002277©Wannemacher Jensen Architects, Inc.Wannemacher Jensen Architects, Inc.Project numberMILESTONE DATEDISTRIBUTIONWJA Project Number 152511/8/2016 6:20:59 PMA3.83D AXONOMETRIC16-0035-PRMorningside Recreation Complex2400 Harn Boulevard, Clearwater, FL 3376411/04/16100% CDsEAST - AXONOMETRIC1WEST - AXONOMETRIC2NORTH - AXONOMETRIC3SOUTH - AXONOMETRIC4 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3601 Agenda Date: 6/14/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Library Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve Williamson Dacar Associates of Clearwater, Florida as the Architect of Record (AOR) to complete a feasibility study to enhance and/or repurpose areas of the Main Library to coordinate with modifications to Coachman Park as an element of Imagine Clearwater. (consent) SUMMARY: March 29, 2017, letters were sent to the City’s AOR’s to determine firms that would be interested in completing a feasibility study for enhancement and/or repurposing areas of the Main Library as identified in the Imagine Clearwater Master Plan. Four firms responded and oral presentations to the City’s selection committee were completed on May 25, 2017. The committee, consisting of the Assistant City Manager, the Library Director and the Assistant Directors of Planning and Development and Engineering, recommends Williamson Dacar for the study. This recommendation is based upon the proposed study approach, experience and capabilities of the firm and qualifications of personnel. If the cost for the study exceeds the $100,000 threshold, the Work Order will be presented for approval. Page 1 City of Clearwater Printed on 6/13/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3605 Agenda Date: 6/14/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve Amendment 1 to an agreement between the City of Clearwater (the City) and the Florida Department of Economic Opportunity, for a Community Planning Technical Assistance Grant to prepare Comprehensive Plan amendments to address the Peril of Flood requirements in Florida Statutes, to amend Deliverable 2 within the Scope of Work to establish that the City will present proposed comprehensive plan amendments to the Community Development Board (local planning agency) for recommendation by June 23, 2017, and authorize the appropriate officials to execute same. (consent) SUMMARY: On January 19, 2017, City Council authorized the execution of an agreement between the City and the Florida Department of Economic Opportunity (DEO) to receive a Community Planning Technical Assistance Grant in the amount of $20,000 to prepare Comprehensive Plan amendments to address the “Peril of Flood” requirements in Florida Statutes. The original scope of work (Attachment 1 of the Agreement), which DEO originally drafted in Fall 2016, called for the City to hold a transmittal public hearing (City Council First Reading) by June 23, 2017, which is the end of the State ’s fiscal year. However, it took several months for DEO to complete its internal review of the Agreement, thereby delaying the timing for City approval and project initiation by the City ’s consultant, HDR Engineering, Inc. DEO has since agreed that the City could meet their objective of holding a public hearing before end of fiscal year by taking proposed Comprehensive Plan amendments to the City ’s local planning agency, the Community Development Board. This is reflected in the attached amendment. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 6/13/2017 Agreement # P0216 Page 1 of 3 AMENDMENT ONE TO AGREEMENT BETWEEN FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND CITY OF CLEARWATER On February 24, 2017, the State of Florida, Department of Economic Opportunity (“DEO”), and the City of Clearwater (“Grantee”) entered into Agreement No. P0216 (“Agreement”) for Grantee to evaluate areas within municipal boundaries for flood risk and prepare a comprehensive plan amendment addressing response to Peril of Flood. DEO and Grantee are sometimes referred to herein individually as a “Party” and collectively as “the Parties.” WHEREAS, Section II.A. of the Agreement provides that any amendment to the Agreement shall be in writing executed by the Parties thereto; and WHEREAS, the Parties wish to amend the Agreement to expressly authorize payment of Grantee’s indirect costs under the Agreement, as set forth herein; NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Section 3.B.4., Deliverable 2 in the Scope of Work, Attachment 1 to the Agreement, is deleted in its entirety and replaced with the following: 4) Present the proposed comprehensive plan amendments to the local planning agenc y for their recommendation. 2. Section 5, Deliverables, Deliverable 2 in the Scope of Work, Attachment 1 to th e Agreement, is deleted in its entirety and replaced with the following: Deliverables and Tasks Minimum Level of Service Payment Amount Not to Exceed Financial Consequences Deliverable 2. Proposed Comprehensive Plan Amendments Grantee shall prepare proposed comprehensive plan amendments, a memorandum, and present the proposed comprehensive Completion of Deliverable 2 as evidenced by submission of all of the following: 1. Proposed comprehensive plan amendments as detailed $10,000 As provided in paragraph 14 below. Agreement # P0216 Page 2 of 3 plan amendments to the local planning agency for their recommendation in accordance with paragraph 3.B. above. Deliverable due date: June 23, 2017 in section 3.B.1. and 3.B.2, 2. Memorandum as detailed in section 3.B.3. 3. Notice of local planning agency meeting. 4. Agenda for local planning agency meeting. 5. Minutes or a written narrative summary of the local planning agency. 6. Copy of comprehensive plan amendments with any changes recommended to the proposed comprehensive plan amendments by the local planning agency. Grantee shall submit copies of all required documentation on paper or electronically in MS Word or PDF format, and all maps on a compact disc in PDF format with ArcGIS compatible shapefiles. TOTAL PAYMENT AMOUNT NOT TO EXCEED $20,000 Agreement # P0216 Page 3 of 3 2. Section I.F.1., within the “Governing Laws” section of the Agreement, is hereby incorporated by reference as if fully restated herein. 3. All other terms and conditions in the Agreement remain in effect. IN WITNESS HEREOF, by signatures below, the Parties agree to abide by the terms, conditions, and provisions of the Agreement as amended. This Amendment is effective on the date the last Party signs this Amendment. DEPARTMENT OF ECONOMIC OPPORTUNITY CITY OF CLEARWATER By By Signature Signature James D. Stansbury, Chief George N. Cretekos, Mayor By Title Bureau of Community Planning and Growth Signature William B. Horne II, City Manager Date Date Approved as to form and legal sufficiency, subject A TRUE COPY only to full and proper execution by the Parties. OFFICE OF GENERAL COUNSEL ATTEST DEPARTMENT OF ECONOMIC OPPORTUNITY By: _________________________________ ____________________________________ Rosemarie Call, City Clerk Approved Date: _______________________ Approved as to form and legal sufficiency: _______________________________________ Camilo A. Soto, City Atty. Date: __________________________________ Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3611 Agenda Date: 6/14/2017 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: Information Technology Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve License and Services Agreements to Microsoft, Inc. of Redmond, WA, and Planet Technologies, Inc. of Germantown, MD for an amount not to exceed $1,670,000.00 for cloud based office management software licensing, software maintenance, and professional services, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City has used Microsoft’s Office Software since 1996 when it implemented a wide-area network computing environment. Microsoft Office has become one of the corporate standards for business management software and has initiated a move to cloud based (hosted) software with MS Office 365. The City currently uses MS Office 2007 and has been since 2009. Under the current software use model, the City owns individual MS Office licenses and the software is loaded on individual computers (MS Word and MS Excel), or is assigned to individual users (MS Exchange). The terms of the new licensing model will require the City to pay an annual subscription fee for each user and will include access to the MS Office Suite products via the internet and include individual cloud based storage for each user (ranging from 50 GB to unlimited storage per user). The transition to cloud based services will provide the City with improved backup of critical data stores, improved network security and virus protection, improved access and device compatibility, among some of the benefits. The cost for the initial licensing and migration will be $231,117.60. Subscription services will remain fixed for 3 years and increase at a fixed rate for years 4-6, for a total 6-year cost of $1,503,676.98. The City will use Planet Technologies, Inc. to assist with the data conversion and migration for an additional $87,885.10. A total project contingency of approximately 5% ($78,437.92) will be included for any additions to licensing needs, changes in user licensing requirements, and professional services in support, maintenance and system administration. Vendor selection is in accordance with Sec. 2.564(1) (d), Code of Ordinances - Other government bid. The City will piggyback on the State of Florida Contract # 43230000-15-02 Licensing Solutions Providers (LSP) of Microsoft Software and Services. Microsoft licensing is offered from SHI International, Inc., of Summerset, NJ, via State Contract # 43230000-15-02, and is the State’s sole provider of Microsoft Licensing. Planet Technologies, Inc. was also selected in accordance with Sec. 2.564(1) (d), Code of Page 1 City of Clearwater Printed on 6/13/2017 File Number: ID#17-3611 Ordinances - Other government bid. The City will piggyback on the General Services Administration (GSA) Contract # GS-35F-0360J. APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in Information Technology CIP Project 94830, MS Licensing & Upgrades for planned expenditures in the current fiscal year. Expenditures for future fiscal years will be budgeted in the Information Technology Admin Services budget. Page 2 City of Clearwater Printed on 6/13/2017 EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 1 of 10 Document X20-10634 Enterprise Enrollment State and Local Enterprise Enrollment number (Microsoft to complete) 82780340 Framework ID (if applicable) Previous Enrollment number (Reseller to complete) This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Online Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditio ns of the Enterprise Agreement. All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of any conflict the terms of this Agreement control. Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to “anniversary date” refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect. Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term. Terms and Conditions 1. Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment: “Additional Product” means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. “Community” means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer’s regulatory requirements. EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 2 of 10 Document X20-10634 Membership in the Community is ultimately at Microsoft’s discretion, which may vary by Government Community Cloud Service. “Enterprise Online Service” means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. “Enterprise Product” means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this program. “Expiration Date” means the date upon which the Enrollment expires. “Federal Agency” means a bureau, office, agency, department or other entity of the United States Government. “Government” means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity. “Government Community Cloud Services” means Microsoft Online Services that are provisioned in Microsoft’s multi-tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms. “Industry Device” (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task-specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) (“Industry Program”). The device may include features and functions derived from Microsoft software or third-party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. “Managed Device” means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms. “Qualified Device” means any device that is used by or for the benefit of Enrolled Affiliate’s Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure (“VDI”). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate’s Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. “Qualified User” means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. “Reseller” means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement; “Reserved License” means for an Online Service identified as eligible for true -ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 3 of 10 Document X20-10634 "State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer’s state and located within Customer’s state’s jurisdiction and geographic boundaries. “Tribal Entity” means a federally-recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe. “Use Rights” means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product. The Use Rights for Software are published by Microsoft in the Product Terms. The Use Rights for Online Services are published in the Online Services Terms. “Volume Licensing Site” means http://www.microsoft.com/licensing/contracts or a successor site. 2. Order requirements. a. Minimum order requirements. Enrolled Affiliate’s Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services. (i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered b y a License are only used by users covered with a user License). (ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services. b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products. c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate’s use of that Product during that term. d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term “price” refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft. f. Adding Products. (i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 4 of 10 Document X20-10634 (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true-up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true-up in the Product Terms or (2) included as part of other Licenses. g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true-up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the time the true-up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services. (ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true-up order, or the prior anniversary date and submit a true-up order that accounts for any increase. (iii) Online Services. For Online Services identified as eligible for true-up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true-up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retroactively to the month in which they were ordered. (iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows: 1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user-based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true-up orders. Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services that are not a part of an Enterprise-wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate’s use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true-up order if, since the initial order or last true-up order, Enrolled Affiliate’s Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliat e’s authorized representative. (vi) True-up order period. The true-up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third- year true-up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 5 of 10 Document X20-10634 may submit true-up orders more often to account for increases in Product usage, but an annual true-up order or update statement must still be submitted during the annual order period. (vii) Late true-up order. If the true-up order or update statement is not received when due, Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up process. (ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled “Adding new Products not previously ordered,” then for additional step-up Licenses, by following the true-up order process. i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement. 3. Pricing. a. Price Levels. For both the initial and any renewal term Enrolled Affiliate’s Price Level for all Products ordered under this Enrollment will be Level “D” throughout the term of the Enrollment. b. Setting Prices. Enrolled Affiliate’s prices for each Product or Service will be established by its Reseller. Except for Online Services designated in the Product Terms as being exempt from fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft’s prices for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term. Microsoft’s prices to Resellers are reestablished at the beginning of the renewal term. 4. Payment terms. For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment term. If an upfront payment is elected, Microsoft will invoice Enrolled Affiliate’s Reseller in full upon acceptance of this Enrollment. If spread payments are elected, unless indicated otherwise, Microsoft will invoice Enrolled Af filiate’s Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft’s acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 5. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 6 of 10 Document X20-10634 b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36-month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month (“Extended Term”) for up to one year, unless designated in the Product Terms to continue until cancelled, is available. During the Extended Term, Online Services will be invoiced monthly at the then-current published price as of the Expiration Date plus a 3% administrative fee. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. At any time during the first year of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, either party may terminate the Extended Term by providing the other with a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received or issued the notice. (iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate’s Enterprise must discontinue use. Microsoft may request written certification to verify compliance. d. Termination for cause. Any termination for cause of this Enrollment will be subject to the “Termination for cause” section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community. e. Early termination. Any early termination of this Enrollment will be subject to the “Early Termination” Section of the Enterprise Agreement. For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination. 6. Government Community Cloud. a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non-Community members is strictly EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 7 of 10 Document X20-10634 prohibited and could result in termination of Enrolled Affiliate’s license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non-Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment. c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights: (i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States. EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 8 of 10 Document X20-10634 Enrollment Details 1. Enrolled Affiliate’s Enterprise. a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate’s Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates: : Enrolled Affiliate only … Enrolled Affiliate and all Affiliates … Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise): … Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded: b. Please indicate whether the Enrolled Affiliate’s Enterprise will include all new Affiliates acquired after the start of this Enrollment: Exclude future Affiliates 2. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://www.microsoft.com/licensing/servicecenter . a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate’s Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name)* City of Clearwater Contact name* First Sabrina Last Chute Contact email address* sabrina.chute@myclearwater.com Street address* 100 S MYRTLE AVE RM 360 City* CLEARWATER State/Province* FL Postal code* 33756-5520- (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* United States Phone* 727-562-4671 Tax ID * indicates required fields b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping-up prior to a true-up order. EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 9 of 10 Document X20-10634 : Same as primary contact (default if no information is provided below, even if the box is not checked). Contact name* First Sabrina Last Chute Contact email address* sabrina.chute@myclearwater.com Street address* 100 S MYRTLE AVE RM 360 City* CLEARWATER State/Province* FL Postal code* 33756-5520- (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* United States Phone* 727-562-4671 Language preference. Choose the language for notices. English … This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required fields c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true-up order. Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked) Contact name*: First Sabrina Last Chute Contact email address* sabrina.chute@myclearwater.com Phone* 727-562-4671 … This contact is from a third party organization (not the entity ). Warning: This contact receives personally identifiable information of the entity. * indicates required fields d. Reseller information. Reseller contact for this Enrollment is: Reseller company name* SHI International Corp. Street address (PO boxes will not be accepted)* 290 Davidson Ave City* Somerset State/Province* NJ Postal code* 08873 Country* United States Contact name* Ryan DeBrigard Phone* 888-764-8888 Contact email address* msteam@shi.com * indicates required fields By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct. Signature* Printed name* Printed title* Date* * indicates required fields Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 10 of 10 Document X20-10634 other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. (i) Additional notices contact (ii) Software Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager (CSM) contact 3. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? … Yes, : No. If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft. AmendmentApp v4.0 M97 B Page 1 of 1 Amendment to Contract Documents Enrollment Number Microsoft to complete for initial term Partner to complete for renewal 000-shaylari-0057 This amendment (“Amendment”) is entered into between the parties identified on the attached program signature form. It amends the Enrollment or Agreement identified above.All terms used but not defined in this Amendment will have the same meanings provided in that Enrollment or Agreement. Enterprise Enrollment (Indirect) Invoice for Quoted Price Amendment ID M97 Notwithstanding anything to the contrary or in addition to any terms in the Enrollment, the Enrollment is hereby amended to add the following paragraph: The price quoted to Enrolled Affiliate’s Reseller is a fixed price based on an estimated order submission date. Microsoft will invoice Enrolled Affiliate’s Reseller based on this fixed price quote. If this order is submitted later than the estimated order submission date, Enrolled Affiliate’s Reseller will be charged for net new Monthly Subscriptions (including Online Services)for the period during which these services were not provided. Pricing to Enrolled Affiliate is agreed between Enrolled Affiliate and Enrolled Affiliate’s Reseller. Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in this Amendment and any provision in the Enrollment or Agreement identified above, this Amendment shall control. Microsoft Internal Use Only: (M97)EnrAmend(Ind)(InvoiceforQuotedPrice)( WW)(ENG)(Apr2016)v2(IU).docx M97 B This Amendment must be attached to a signature form to be valid. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3578 Agenda Date: 6/14/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve a proposal from Construction Manager at Risk Cathey Construction and Development, LLC of Mexico Beach, FL, in the amount of $165,396.45 for improvements to Municipal Services Building - Security Upgrades (CC-1704) and authorize the appropriate officials to execute same. (consent) SUMMARY: The Municipal Services Building - Security Upgrade Project is a direct result of needed improvements to provide a higher degree of security for the employees working within the building. The two areas being addressed are the Customer Service area and the main lobby. The Customer Service area will receive new fixed impact resistant smart glass windows with electronic two way communicators for direct interaction with the public at all customer service stations, to include new case work and counter tops with pass thru trays. In addition, the Customer Service conference room will receive a new door to the main hallway to allow for immediate egress of city staff. The main lobby will have a new storefront glass wall with doors installed directly behind the existing customer service counter to provide for controlled access to the entire building. The main access door will have a card swipe reader for employee access and the lobby counter will be equipped with a manual door release switch. A Request for Proposals is currently in the works to have the lobby desk manned during normal business hours by an outside security company. Work shall commence upon award and execution of the proposal and will be completed 45 calendar days from start of job. APPROPRIATION CODE AND AMOUNT: 315-94531-530300-519 $165,396.45 Funds are available in capital improvement project 315-94531 - MSB Renovations, to fund this contract. Page 1 City of Clearwater Printed on 6/13/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3610 Agenda Date: 6/14/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Customer Service Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve a contract (purchase order) with Kubra Data Transfer Ltd (Kubra), Mississauga, ON, to provide electronic bill presentment and payment services for the City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: For over ten years, the City has used a custom bill presentment and payment solution developed by the Information Technology (IT) department for the Utility Customer Service (UCS) department. It was developed to allow utility customers to view and pay their bill electronically, as well as reduce the postage/handling costs associated with mailing out paper bills by allowing customers to elect for paperless billing. This payment solution interfaces with a third party payment processor; Western Union SpeedPay, which removes the requirement for the City from needing to maintain PCI compliance. The solution developed by the City’s IT was ready for modernization and an update, which prompted the IT and UCS departments to search for and select a new means of displaying the utility bill and processing payments. In August 2016, Request for Proposals 43-16 was issued for Electronic Billing Presentment and Payment Services. The selection committee shortlisted five respondents and held interviews in November. Further research was performed and discussions occurred with the two highest ranked companies - Kubra and Invoice Cloud. The selection committee selected Kubra to provide the required services for the City of Clearwater Utility Customer Service Department. The contract will commence on June 19, 2017. The initial term of the Agreement will be for a period of thirty-six months, unless otherwise terminated pursuant to the Agreement. Thereafter, the Agreement may be renewed for two twenty-four-month renewal terms upon mutual written consent of the parties. Customers paying with Check or Credit/Debit Card will be charged a $1.95 convenience fee. Customers who prefer to pay in cash while at one of Kubra’s participating retail stores located close to them will be charged $1.99. Kubra offers: ·Real-time payment option to reduce unnecessary service shutoffs due to last-minute payments ·Provide convenient locations for customers to make in-person cash payments (Ace, 7- 11, CVS, Family Dollar) Page 1 City of Clearwater Printed on 6/13/2017 File Number: ID#17-3610 ·Pay-by-Text: Allows customers to complete payment transactions from the convenience of their mobile device ·Secure e-Mail Delivery & Payment; securely receive, review, and send payment through their email ·Automatic alerts to customers, reminding them to make payment ·29% e-bill adoption or paperless billing expectation (current rate is approximately 8%) Adopting Kubra will exceed customer expectations by: -providing the timely information they need and the self-service tools they want; -reduce current processing fees by 21%; -increase security protection for cardholders’ data. Kubra will help to optimize operational efficiency with mailing cost estimate reduction equal to 20% of the actual cost and maximize collections with the latest payment technologies and communication channels The contract has been reviewed and approved by the City Attorney and the Finance/Risk Department. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 6/13/2017 Purchasing Office 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 9/2014 REQUEST FOR PROPOSALS #43-16 Electronic Billing Presentment and Payment Services August 18, 2016 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, September 28, 2016 to provide Electronic Billing Presentment and Payment Services. Brief Description: The City of Clearwater is seeking the services of a qualified and experienced vendor for Electronic Billing Presentment and Payment Services for the Utility Billing function in the City’s Utility Customer Service Department. Proposals must be in accordance with the provisions, specifications and instructions set forth herein and will be received by Purchasing until the above noted time, when they will be publicly acknowledged and accepted. Proposal packets, any attachments and addenda are available for download at www.myclearwater.com. Please read the entire solicitation package and submit the proposal in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the proposal. Questions concerning this solicitation should be directed, IN WRITING, to the following contact: General, Process or Technical Questions: Alyce Benge, CPPO, C.P.M. Purchasing Manager Finance Department Alyce.Benge@myclearwater.com INSTRUCTIONS Electronic Bill Payment/Presentment Services 2 RFP #43-16 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the Purchasing Manager listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than seven (7) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website and mailed to those who register on the City website when downloading solicitations no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their proposal. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted u nder the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: September 28, 2016 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted, and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting Purchasing. i.5 PROPOSAL FIRM TIME: 120 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes $ 0.00 No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one -year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit iss ued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and INSTRUCTIONS Electronic Bill Payment/Presentment Services 3 RFP #43-16 conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reim burse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT PROPOSALS TO: Use label at the end of this solicitation package City of Clearwater Attn: Purchasing 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City Purchasing Office as the official time. i.9 LOBBYING PROHIBITION. The purpose of this prohibition is to preserve the integrity of the procurement process. Any communication regarding this solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City, including but not limited to the City Council, employees, and consultants hired to assist in the solicitation, is prohibited. This prohibition is imposed from the time of the first public notice of the solicitation until the City cancels the solicitation, rejects all responses, awards a contract or otherwise takes action which ends the solicitation process. This section shall not prohibit public comment at any City Council meeting, study session or Council committee meeting. This prohibition shall not apply to vendor-initiated communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to pre-bid conferences, clarification of responses, presentations if provided in the solicitation, requests for Best and Final Proposals, contract ne gotiations, protest/appeal resolution, or surveying non-responsive vendors. Violations of this provision shall be reported to the Purchasing Manager. Persons violating this prohibition may be subject to a warning letter, rejection of their response depending on the nature of the violation, and/or debarment of the proposer as provided in Clearwater’s Purchasing Policy and Procedures, Section 27. i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted INSTRUCTIONS Electronic Bill Payment/Presentment Services 4 RFP #43-16 after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error , as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a INSTRUCTIONS Electronic Bill Payment/Presentment Services 5 RFP #43-16 proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/o r believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures Section 18 (“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Purchasing Manager no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within the earlier of ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting Purchasing. ADDRESS PROTESTS TO: Alyce Benge, CPPO, C.P.M. Purchasing Manager 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Electronic Bill Payment/Presentment Services 6 RFP #43-16 i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three categories of information: responsiveness, responsibility, and the technical proposal. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and m ust provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Demonstrated Experience of the Vendor and Project Team Qualifications 25 Project Plan Methodology 20 Ability to Respond/Scheduling 20 Functionality, Ease, and Capabilities of System/Services 20 References 10 Project Cost/Customer Fees 5 i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored proposals based on a preliminary evaluation against the evaluation criteria. Only those short - listed proposers would be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the scoring against the evaluation criteria. i.25 PRESENTATIONS/INTERVIEWS. The proposer must provide a formal presentation/interview on-site at a City location upon request. INSTRUCTIONS – EVALUATION Electronic Bill Payment/Presentment Services 7 RFP #43-16 i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not expect that the City will ask for best & f inals. Therefore, proposer should submit their best offer based on the terms and conditions set forth in this solicitation. i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s Purchasing website at www.myclearwater.com/cityprojects/ to view relevant RFP information and notices. i.30 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: August 18, 2016 Advertise Tampa Bay Times: August 20, 2016 Responses due: September 28, 2016 Review proposals: September 28 – October 12, 2016 Presentations (if requested): October 24 – 26, 2016 Award recommendation: October 28, 2016 Council authorization: November, 2016 Contract begins: January/February, 2017 TERMS AND CONDITIONS Electronic Bill Payment/Presentment Services 8 RFP #43-16 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors ass ert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified TERMS AND CONDITIONS Electronic Bill Payment/Presentment Services 9 RFP #43-16 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. TERMS AND CONDITIONS Electronic Bill Payment/Presentment Services 10 RFP #43-16 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP, shall be handled in complianc e with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City pr ovides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recoding of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure u ntil such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. TERMS AND CONDITIONS Electronic Bill Payment/Presentment Services 11 RFP #43-16 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract wi th the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of deli very, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or TERMS AND CONDITIONS Electronic Bill Payment/Presentment Services 12 RFP #43-16 who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Fai lure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If t he cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. TERMS AND CONDITIONS Electronic Bill Payment/Presentment Services 13 RFP #43-16 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, includi ng costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligati ons under this TERMS AND CONDITIONS Electronic Bill Payment/Presentment Services 14 RFP #43-16 warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final TERMS AND CONDITIONS Electronic Bill Payment/Presentment Services 15 RFP #43-16 judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contract or will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Department and/or an authorized representative from the using department. All qu estions regarding the contract will be referred to the Purchasing Department for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to ov ercome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencie s with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCRE ASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitute s the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. TERMS AND CONDITIONS Electronic Bill Payment/Presentment Services 16 RFP #43-16 S.45 SEVERABILITY. If any provision of this Agreement is declared v oid or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Electronic Bill Payment/Presentment Services 17 RFP #43-16 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 110,000 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach was recently rated #1 U.S. Beach by TripAdvisor, previously named “Florida’s Best Beach Town 2013” by USA Today, and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball and hosts several sports tournaments through the year that attract visitors from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story has made it all the way to Hollywood in the motion pictures” Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. PROJECT GOAL. The project goal is to offer utility customers the option of electronic notification, review, and payment of utility bills. The services are to include, but not limited to: online bill presentation, payment history and consumption history; online bill payment; payment by phone including text or voice; and email and text bill notification. Additional services the City may be interested in include: the ability to mail bills, late notices, payment reminders via USPS, and provide lockbox services. These supplemental services would be implemented at the City’s discretion. Through the provision of additional review and payment methods, the City anticipates an increase in paperless billing and online bill review and payment, resulting in processing efficiencies. 3. BACKGROUND. The City of Clearwater bills approximately 51,000 utility accounts monthly to residential and commercial customers in areas of Pinellas, Hillsborough, and Pasco Counties for seven (7) utility services: water, sewer, reclaimed water, solid waste, recycling, stormwater , and gas – natural and propane. The City’s billing software is Cayenta (CIS system ), a Harris Corp. product, using an Oracle 11g R2 database. An API (application program interface) is part of the Cayenta software. The City of Clearwater currently offers the following billing and payment options to utility customers: Billing Options a. Customers may receive paper bills. These are printed and mailed via USPS by a third -party provider. b. Customers may opt for paperless billing and instead receive a link to a copy of the monthly bill via email. This is performed using an in-house application through the City’s website. c. Customers also receive late notices and payment reminders (notices given to customers whose utility has been disconnected) via USPS, regardless of whether or not the customer had selected paperless billing. This service is performed by the third-party provider who sends the regular bills. Payment Options a. ACH, debit card and credit card payments (Visa, MasterCard, Discover, and American Express) are accepted through a third-party payment processor, online or by phone. There is currently a convenience fee assessed of $2.45 which is passed directly to the customer. b. Cash, check and money order payments are accepted in person, either at the counter or through a drive-up window, at the Municipal Services Building, 100 South Myrtle Avenue, Clearwater, FL. c. Check and money order payments are accepted in a drop box located at the Municipal Services Building. d. Check and money order payments may be mailed to a City post office box maintained by a third-party lockbox service. e. Customers may initiate online payments from a personal bank account. These payments are transmitted to the City by the customer’s bank via ACH or by mail to the City post office box maintained by the same third-party lockbox service as indicated above. f. Customers may enroll in automatic EFT/direct debit payment. Payment is automatically DETAILED SPECIFICATIONS Electronic Bill Payment/Presentment Services 18 RFP #43-16 withdrawn directly from the customer’s checking account for each billing. 4. SCOPE OF SERVICES. The selected vendor is expected to provide the following services in performance of the contract. User Experience a. Provide customers a single sign-on during online payment process. b. Offer one-time payment without enrollment requirement. c. Electronic payments must be accepted online via a hosted solution. d. The online user experience is to be device-agnostic or offered via mobile application. e. Customers will view bill online and have option to print bill. f. At least 24 months of historical bills will be viewable via online portal. g. At least 24 months of historical consumption, with graphical representation for each metered service, will be viewable via online portal. h. Notify the customer by email or text each time a bill is available for viewing and payment. i. Allow the customer to make the choice to stop paper bills as well as resume paper bills. j. Vendor to provide 24/7 support to customers as it relates to the online portal and mobile application, including login functionality, payment posting, data review, etc. k. Optional: Vendor may offer kiosk technology. Technology and Interface a. System must interface with current version of the CIS. b. Payment information to be available in real time or near real time for posting into the CIS. c. Reporting and reconciliation with daily bank deposit to be available on deman d and user- friendly. d. The City bank account(s) are to be funded by next business day. e. Vendor to offer domestic technical support City representatives during business hours, 8 A.M. to 6 P.M. EST. f. In order for customers to access information online, vendor must have the ability to interface with the City’s existing bill print files or have the ability to reproduce the bill image in its current form. g. Vendor has the ability to print and mail paper bills, late notices and payment reminders to customers in a timely manner, defined as the same day the file is transmitted from the City to the vendor. This service may be added in the future and should be readily available for implementation. Security a. Unauthorized users should not be able to access utility account data, including personal information such as address and phone number, bank account and credit card numbers, or any other payment information. b. Vendor to assume responsibility and liability related to the handling and storage of usernames and passwords. c. All cardholder data is the responsibility of the vendor, and vendor retains all liability. d. The vendor is to be PCI (Payment Card Industry) compliant, verified with each applicable card company, and remain compliant at all times. The certificate of compliance is to be on file and updated with the City on an annual basis. 5. MINIMUM QUALIFICATIONS. Companies responding to this RFP will explain their experience providing the required services in Response Elements, Tab 2. Response Elements, Tab 5, requires references as described. DETAILED SPECIFICATIONS Electronic Bill Payment/Presentment Services 19 RFP #43-16 6. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self -insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,00 0 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. d. Cyber Liability coverage in an adequate amount to meet or exceed the requirements, including notification and monitoring, under Florida Statute 501.171. e. Theft or Loss coverage shall be maintained with minimum limits of $1,000,000 (one million dollars) per occurrence. Coverage shall be provided using ISO form CR 00 01 Employee Dishonestly Coverage Form or its equivalent and shall include ISO endorsement CR 04 01 Clients’ Property or its equivalent. f. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combin ation of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the DETAILED SPECIFICATIONS Electronic Bill Payment/Presentment Services 20 RFP #43-16 Vendor will furnish the City with a Certificate of Insurance(s) (using a ppropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing Department, RFP #43-16 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, represe ntatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Electronic Bill Payment/Presentment Services 21 RFP #43-16 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. February 2017 through January 2020. If the commencement of performance is delayed because the City does not execute the contract by the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided herein. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), two (2) year renewal terms are possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of three (3) years except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal. a. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this proposal and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. b. During the sixty (60) day period prior to the renewal anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm ). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. c. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for each two (2) year renewal term. RESPONSE ELEMENTS Electronic Bill Payment/Presentment Services 22 RFP #43-16 1. PROPOSAL SUBMISSION - Submit one (1) signed original proposal, five (5) copies of the proposal, and one (1) electronic format copy on a disc or thumb drive, in a sealed container. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) Table of Contents: Identify contents by tab and page number TAB 1 – Cover Letter. Introduce the company, including year founded, public vs. private, employee count, headquarters, office closest to Clearwater, FL, number of customers, a description of the organization and staff as they relate to this project, and the individual who will be the contact person(s) responsible for the contract. TAB 2 – Demonstrated Experience and Team Qualifications. (Abilities, Experience and Expertise) The following information should be included: 1. A statement of qualifications, abilities, experience and expertise in pro viding the requested services, specifically regarding experie nce with projects similar in size and scope. a. A description of what qualifies your company to provide the City with these services for the required period of time, provide appropriate staffing, provide necessary resources and show a history of demonstrated competence. b. An assessment of the proposer ’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or expertise offered that exceed the requirements, or the vendor’s inability to meet some of the requirements of the specifications. 2. Identification of senior and technical staff to be assigned to the City. Staff named in the proposal may not be substituted without permission of the City. Resumes, including relevant experience may be included. TAB 3 – Project Plan Methodology and Ability to Respond/Scheduling. Provide a narrative description of the project proposal, based on the scope of work presented in the RFP. Include any issues which may require special consideration for this project. Clearly define the program offered and your method of approach to address all requirements defined in the Scope of Services. If any of the requirements cannot be supported, provide a recommendation for alternative approach. 1. Include the steps needed to complete the project in a “task schedule” and any recommended additions, for implementation. Document assumptions used in development of the task schedule, including assistance from City staff, and required hardware and software. TAB 4 – Functionality, Ease, and Capabilities of System/Services. In respects to the Scope of Services, User Experience, provide a detailed overview of the system and services offered, and how the User Experience objectives are met by your solution. 1. Describe proposed method(s) of interface with the CIS system – Cayenta, as well as the financial system (note the City is currently in the selection process for a new financial system). 2. Describe reporting system and provide samples of available reporting. 3. Provide a service disruption history for the most recent 12-month period, explaining when, why and how long services were unavailable to customers during each occurrence. TAB 5 – References. Provide a minimum of three (3) current references and three (3) former references, preferably other municipal customers, for whom you have provided similar services. Include the name of entity, contact person’s names, phone numbers, e-mail addresses, mailing addresses, type of service provided, dates these services were provided. TAB 6 – Project Cost/Customer Fees. Provide a cost proposal in table form with costs for each task, including development, implementation, travel expenses, initial and ongoing RESPONSE ELEMENTS Electronic Bill Payment/Presentment Services 23 RFP #43-16 maintenance, training and support, materials, hosting fees, third-party services necessary to meet requirements, and any other costs which may be incurred by the City. TAB 7 – Other Forms. The following forms should be completed and signed: 1. Exceptions/Additional Materials/Addenda form 2. Vendor Information form 3. Offer and Acceptance form 4. Copy of vendor’s PCI (Payment Card Industry) compliance certificate 5. Copy of vendor’s Service Level Agreement (SLA) 6. Vendor’s data retention and disposal policies and procedures 7. Vendor’s Disaster Recovery Plan 8. W-9 Form. All responses should include a fully completed, m ost current W-9 form. (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Electronic Bill Payment/Presentment Services 24 RFP #43-16 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: VENDOR INFORMATION Electronic Bill Payment/Presentment Services 25 RFP #43-16 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: VENDOR CERTIFICATION OF OFFER Electronic Bill Payment/Presentment Services 26 RFP #43-16 By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti -competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Electronic Bill Payment/Presentment Services 27 RFP #43-16 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #43-16, Electronic Bill Presentment & Billing Svcs Due Date: September 28, 2016, at 10:00 A.M. City of Clearwater Attn: Purchasing PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #43-16, Electronic Bill Presentment & Billing Svcs Due Date: September 28, 2016, at 10:00 A.M. City of Clearwater Attn: Purchasing 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ KUBRA ENTERPRISE SERVICES AGREEMENT 1 THIS AGREEMENT made this 19 day of June, 2017. (“Effective Date”) BETWEEN: KUBRA Data Transfer Ltd, a corporation incorporated under the laws of the State of New York, (the “Provider”) - AND - City of Clearwater, a City organized under the laws of the State of Florida, (the “Customer”) WHEREAS the Customer wishes to engage the Services (as hereinafter defined) of the Provider and the Provider wishes to provide the Services to the Customer, and in furtherance of same the parties hereto are hereby entering into this enterprise services agreement (the “Agreement”); NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties hereto agree as follows: 1 SERVICES Provider agrees, subject to the terms and conditions set forth in this Agreement, to provide to the Customer the electronic presentment and payment services (the “EPP Services”) to Customer on the terms and conditions set forth in Schedule A to this Agreement and such other products, services and equipment as may be agreed to from time to time by the parties in writing during the Term of this Agreement (collectively the “Services”) 2 TITLE Title and all ownership rights in and to the documentation describing or relating to the Services, including, but not limited to, any and all formats, computer programs, specifications and user guides (the “Documentation”) shall remain at all times solely with Provider. The Services and the Documentation are agreed to be the proprietary, confidential and trade secret information of Provider. Customer shall have no right, title or interest in or to the Documentation, whether or not such Documentation has been developed specifically for performance of this Agreement. Customer shall have the right to make a reasonable number of copies of the Documentation for the sole purpose of accessing and utilizing the Services. 3 TERM AND TERMINATION 3.1 Term. This Agreement shall be for an initial term (the “Initial Term”) commencing on the Effective Date and continuing for a period of thirty-six (36) consecutive months following the date of execution (the “Acceptance Date”) of the Project Live Document in a form similar to the form attached hereto as Schedule C. At the end of the Initial Term of this Agreement, the City may request renewal(s) as provided herein. The City will give written notice of its intention to renew the contract no later than ninety (90) days prior to the expiration. Two (2) twenty-four (24) month renewal terms are possible at the City’s option subject to the mutual consent of the Provider. 3.2 Termination with Cause. Either party hereto shall have the right to terminate this Agreement upon delivery of writte n notice to the other party in the event that such other party: (a) ceases to do business or otherwise terminates business operations; KUBRA ENTERPRISE SERVICES AGREEMENT 2 (b) seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against the other; or (c) is in breach of any material representation, warranty, obligation or other provision of this Agreement and fails to fully cure such breach within forty-five (45) days of receiving written notice of such breach from the terminating party. For greater certainty, for the purposes of this agreement, the following shall be considered breaches of material representation, warranty or obligation: Customer’s failure to pay a delinquent balance (as hereinafter defined); Provider’s material failure to adhere to the Service Level Agreement; Provider’s inability to perform all functions per original RFP requirements; and Provider’s use of subcontractors which do not meet Customer requirements set forth in this agreement, shall be considered breaches of a material obligation. 3.3 Suspension of Cayenta Customer Information System (CIS or UMS) use. Customer shall have the right to terminate this agreement at any time If Customer no longer uses Cayenta for their UMS / CIS needs and Provider is unable to integrate with Customer’s new CIS provider. 3.4 Termination for Convenience. Customer shall have the right to terminate this agreement at any time by providing written notice at least ninety (90) days’ in advance of intention to separate. 3.5 Termination Due To Force Majeure. This agreement may be terminated if a Force Majeure event prevents the obligations of this contract to be exercised for greater than sixty (60 days). 3.6 Termination by Mutual Agreement This agreement may be terminated at any time during its term by mutual agreement by both parties. 3.7 Termination Fee. In the event Provider terminates this Agreement pursuant to Section 3.2(c) due to Customer’s non -payment or the Customer ceases to use the Services or terminates the Agreement for Convenience, and the contract is within 24 (twenty-four) months of the originating contract’s “Effective Date”, Customer agrees to pay Provider an early termination fee (the “Termination Fee”) equalling (i) $45,000 if the contract is terminated during months 1-12 or (ii) $20,000 if the contract is terminated during months 13 - 24. Customer agrees that said Termination Fee shall be invoiced and governed by Section 6 of this Agreement. The Termination Fee shall be in addition to all other rights held by the Provider at law, equity or under this Agreement. The Termination Fee is an estimate of the liquidated damages entitled to Provider for the Customer’s termination of this Agreement pursuant to this Section 3.7, and shall in no way be construed as a penalty for such termination. 3.8 Payment and Disabling of Customer Accounts on Termination or Expiration. Upon termination or expiration of this Agreement: (a) Customer shall pay Provider all amounts due and owing under this Agreement to Provider, including without limitation, any and all amounts owing in respect of Charges and Additional KUBRA ENTERPRISE SERVICES AGREEMENT 3 Charges, (as those terms are defined below) and any applicable Termination Fee, and such payment shall be invoiced and governed in accordance with Section 6 of this Agreement; and (b) Provider may disable all accounts and passwords which allow Customer access to the Services. 3.9 Disposition of Materials on Termination or Expiration. Within thirty (30) days following the date of expiration or termination under this Agreement, the Customer shall furnish Provider with specific written instructions for the disposition of its supplies, material and data then in the possession of Provider. If said written instructions are not received by Provider within the aforementioned time period, Provider may dispose of such supplies, material and data in any reasonable manner which complies with the most secure method of data destruction, as well as adhering to PCI compliance, to ensure security of customer data and minimize data risk. Such supplies, material and data may not be transferred to a third party. Disposition and transfer costs to be mutually agreed to by the parties. 4 EXCLUSIVITY During the entire Term of this Agreement, Customer shall make every reasonable effort to solely and exclusively utilize the Provider as its sole provider of the Services as they relate to Cayenta CIS/UMS or its replacement. This excludes payments received by and or for departments other than Utility Customer Service, in person at Customer owned and operated locations, as well as payments received via existing agreements unrelated to the Cayenta CIS/UMS. 5 CHARGES 5.1 Charges. The Customer agrees to pay the Provider for the Services and any equipment or products related thereto, in accordance with the charges set out in the attached Schedule A (the “Charges”). Except as otherwise provided in the Schedules, the Charges shall remain fixed during the Initial Term. Following the expiration of the Initial Term, except as otherwise provided in the Schedules, the Charges may be increased per RFP terms, but by no more than three (3%) percent per Renewal Term, and the Customer shall be provided with written notice of such an increase at least ninety (90) days prior to the implementation of same. 5.2 Additional Charges. In addition to the Charges, the Customer further agrees to pay such additional charges (the “Additional Charges”) as may arise in connection with the supply by Provider or by any third party of the Services or any products related thereto, provided such Additional Charges are authorized by the Customer in writing. In the event Additional Charges are payable in advance by the Customer and the amount of such Additional Charges cannot be precisely ascertained in advance, the amount of such Additional Charges shall be estimated by Provider in advance and shall be subsequently reconciled with the actual amount of such Additional Charges. 6 INVOICING AND PAYMENT 6.1 Monthly Invoice. All Charges, and any applicable Additional Charges, and other charges, costs or expenses incur red pursuant to this Agreement, payable by the Customer to Provider, and all applicable taxes in respect thereof (collectively, the “Monthly Charges”), shall be billed by Provider to Customer by monthly invoice on the first day of each month in respect of Monthly Charges incurred in the preceding month. Monthly Charges shall be payable within forty-five (45) days from the date the invoice is received by Customer in accordance with Florida Statute 218.70, et. Seq., the Local Government Prompt Payment Act, and, if unpaid within such forty-five (45) day period, shall be considered a delinquent balance (“Delinquent Balance”). KUBRA ENTERPRISE SERVICES AGREEMENT 4  Invoice shall be sent to city of Clearwater at:  City of Clearwater  Attention: Gail Rini  Utility Customer Service  100 S. Myrtle Ave  Clearwater, Fl 33756 6.2 Interest on Delinquent Balance. A Delinquent Balance shall be payable with interest calculated at twelve percent (12%) per annum (one percent (1%) per month or part thereof) in accordance with Florida Statute 218.70, et. Seq., the Local Government Prompt Payment Act, Provider’s failure to charge interest on any Delinquent Balance shall not constitute a waiver of its right to do so in the future. 6.3 Ceasing Services on Delinquent Balance. In the event of a Delinquent Balance, Provider is entitled to cease providing the Services until such time as the Delinquent Balance and any interest accrued thereon is paid in full, and such a stoppage by Provider shall not be considered a breach by Provider under this Agreement. Provider’s decision not to cease Services pursuant to this subsection shall not constitute a waiver of Provider’s right to terminate this Agreement in accordance with subsection 3.2(c) hereof, or to exercise any other rights to recover for defaults under this Agreement, whether at law or in equity. 7 TAXES Prior to commencement of the Initial Term, Customer shall provide Provider with a properly executed Certificate of Exemption, if applicable, for all foreign, Federal, State, Provincial and local taxes and fees. Customer shall be responsible for the collection of all applicable end -user taxes and fees and the remittance of such taxes and fees to the relevant governmental authorities. 8 ADJUSTMENTS Requests by Customer for any billing adjustments must be made within one hundred and twenty (12 0) days of the invoice date. Any amounts which are determined to be in error will be credited against the next month’s invoice. Such request for adjustment shall not be cause for delay in payment of the undisputed remaining balance due. 9 RELIANCE ON INFORMATION PROVIDED 9.1 Customer Responsible for Data. The Customer is solely responsible for the adequacy and accuracy of the Customer's data and the instructions, programs and procedures supplied by it. The Customer shall provide its own audit controls, operating methods and checkpoints necessary to satisfy the Customer's requirements with respect to detection of machine errors, security and adequacy of the data provided by the Customer to Provider and necessary to enable recommencement and recovery in the event of any malfunction. Provider shall rely on the accuracy of all data and information provided to it by Customer. 9.2 Incorrect Data. Customer shall promptly inform Provider of any incorrect data or information provided by the Customer. Customer shall bear the cost of any correction of data or information if such a correction results in additional costs to Provider and such costs exceed those which are incurred in the process of routinely receiving and preparing correct data for normal usage. Such additional costs shall be billed on the Customer’s monthly invoice for Services and shall be subject to all relevant provisions of this Agreement, including without limitation, Section 6 hereof. KUBRA ENTERPRISE SERVICES AGREEMENT 5 10 DATA TRANSMISSION 10.1 Data Transmission from Customer to Provider. The Customer agrees to transmit its data to Provider electronically in such manner as may be mutually agreed upon by the Customer and Provider from time to time; such data transmission shall be effected by the Customer in a timely manner in order to enable Provider to satisfy its obligations to the Customer under this Agreement. Any data supplied by the Customer to Provider must be compatible with Provider's equipment and processing filters , and the Customer's programs necessary to accomplish transmission of its data i n useable form must comply with reasonable industry standards. If the data submitted by the Customer to Provider for processing is not in the required format for processing, Customer agrees to pay Provider such reasonable charges as may be necessarily inc urred by Provider to prepare such data for processing or reprocessing. 10.2 Data Transmission from Provider to Customer. Provider shall use all commercially reasonable means to ensure the safe and prompt transfer of data from Provider to Customer. Customer understands that Provider utilizes various third party providers of online payment systems and that these third parties act as wholly independent entities. Provider will use reasonable care to select and utilize competent third party providers of online payment services provided they adhere to the security and privacy provisions of this contract. Provider is responsible for any damages resulting from use of subcontractors. The use of a subcontractor which does not meet the minimum requirements for data security provisions herein may constitute breach of material obligation. 11 UPGRADES If required, Provider shall support Customer when CIS system upgrades are performed, as it relates to provided services. Provider will maintain connections to environments and co nfirm data transactions during periodic testing and maintenance windows between the Customer ’s CIS system and Provider ’s systems, per a mutually agreed upon schedule per mutually agreed upon cost for required Professional Services work as detailed in a Sta tement of Work which is approved by Customer prior to work being commenced. 12 ADDITIONAL SERVICES AT CUSTOMER’S REQUEST In addition to the special services and third party products, services or equipment contemplated in Section 5.2 hereof, further special services or third party supplied products, services or equipment may be provided by Provider at the Customer's request provided that the Customer executes and delivers to Provider a Provider Supply Request Form detailing the special services, or third party products, services or equipment required by the Customer and the charges payable by the Customer for provision of such special services and/or equipment. Provider shall arrange on behalf of the Customer for the supply of such special services and/or equipm ent, subject to payment in advance by the Customer, or subject to payment in such other manner as may be provided in the Provider Statement of Work (SOW). 13 MODIFICATIONS TO THE SERVICES Upon giving reasonable advance notice to Customer, Provider may make an y modifications, changes, adjustments or enhancements to the Services which may be necessary to continue agreed upon levels of service or which are required by law or governmental regulation or any guidelines, directives or policies issued by any regulator y authority. KUBRA ENTERPRISE SERVICES AGREEMENT 6 14 TECHNICAL PROBLEM RESOLUTION 14.1 Erroneous Work-Product. Provider agrees to reprocess any work-product containing erroneous results due to a malfunction of Provider's equipment or operating system or error on the part of Provider's operators . The Customer shall implement Providers’ recommended model for data security procedures and checkpoints necessary to avoid excessive rerun times to restore a file to its required status. 14.2 Service Interruptions. If the Services are partially or wholly interrupted owing to a malfunction in Provider's equipment, operating system or the telecommunication channels, the party detecting the interruption shall forthwith notify in writing, and Provider shall forthwith remedy the malfunction, with the assistance, if necessary, of the Customer's suppliers of maintenance services for the remote terminal equipment or the telecommunications channels. Direct costs incurred by the Customer for the restoration of the Providers' equipment, operating system or telecommunication cha nnels shall be paid or reimbursed by Provider. Failure to restore services in a reasonable period of time may be considered a breach of material obligation. 15 BACK-UP PROCEDURES 15.1 Customer to Back-Up Data. The Customer shall maintain adequate back-up material that will enable the regeneration of Customer data, computer files, printer output and other data in the event of loss, damage or destruction of such data. Accordingly, Customer shall produce and keep copies of the source documents of the information deli vered to Provider and shall maintain a backup procedure for reconstruction of lost or altered Customer computerized files and records to the extent deemed necessary by Customer. 15.2 Lost, Damaged or Destroyed Data. Provider shall use commercially reasonable me asures to prevent the loss, damage or destruction of the Customer's data. If Customer's data is lost, damaged or destroyed after its transmission to Provider, Provider shall notify the Customer forthwith and the Customer shall retransmit the data to Provider for processing. Both Provider and Customer agree to co-operate reasonably to remedy any such loss, damage or destruction and to enable the processing of the Customer's data by Provider as quickly as reasonably possible. 16 FILE SECURITY Provider shall take all reasonable steps to ensure that access to Customer's computerized files and records are available only to Provider, Customer and Customer’s users. Provider reserves the right, at its own expense, to issue and change procedures from time-to-time to improve or protect file security. 17 DISCLAIMER Customer acknowledges and agrees that the Services are provided on an “as -is, as available basis” and Provider does not warrant that the Services will operate uninterrupted or error-free. OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT, PROVIDER SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR FUNCTION, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. KUBRA ENTERPRISE SERVICES AGREEMENT 7 18 LIMITATIONS OF LIABILITY/INSURANCE REQUIREMENT 18.1 Limitations of Liability Provider shall not be liable for any indirect, consequential, special, incidental, punitive or other damages of any kind or nature whatsoever, whether claimed by Customer or any other person, which arise out of the provision of the Services or Customer’s use of or reliance on them, unless such damages are a result of the Provider’s gross negligence or willful misconduct. Customer acknowledges and agrees that Provider’s total liability to Customer, including any obligations to indemnify Customer in accordance with this Agreement, and the sum of all of Customer’s remedies against Provider will in all events not exceed, in the aggregate, the amount Customer actually paid to Provider on account of Charges under this Agreement for the three (3) month period preceding the occurrence in respect of which the claim arose. 18.2 Insurance Requirement The Vendor shall, at its own cost and expense, acquire and maintain (and cause a ny subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A -VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims - made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. d. Cyber Liability coverage in an adequate amount to meet or exceed the requirements, including notification and monitoring, under Florida Statute 501.171. e. Theft or Loss coverage shall be maintained with minimum limits of $1,000,000 (one million dollars) per occurrence. Coverage shall be provided using ISO form CR 00 01 Employee Dishonestly Coverage Form or its equivalent and shall include ISO endorsement CR 04 01 Clients’ Property or its equivalent. f. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. KUBRA ENTERPRISE SERVICES AGREEMENT 8 The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the b. Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates a nd certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Gail Rini Customer Service 100 S Myrtle Ave Clearwater, FL 33756 c. Vendor shall provide thirty (30) days written notice of any cancellation, non -renewal, termination, material change or reduction in coverage. d. Vendor’s insurance as outlined above shall be primary and non -contributory coverage for Vendor’s negligence. e. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, fo r any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vend or providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a w aiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. 19 INDEMNITIES 19.1 Provider’s Indemnity of Customer. Subject to the limitations set out in Section 17 above, Provider agrees to defend, indemnify, and hold Customer, its directors, officers, employees, agents, suppliers and vendors harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys' fees, arising from any breach by Provider of its representations, warranties, covenants or obligations under this Agreement. 19.2 Customer’s Indemnity of Provider. To the extent permitted by law and subject to the monetary limitations set forth in 768.28 Florida Statue ,Customer agrees to defend, indemnify, and hold Provider, its directors, officers, employees, agents, affiliates, suppliers and vendors harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys' fees, arising from: (a) the Services provided by Provider under this Agreement; (b) any breach by Customer of its representations, warranties, covenants or obligations under this Agreement; and (c) any action, suit or proceeding, on account of any personal injury or damage to property occasioned by the Customer’s use of the Services. KUBRA ENTERPRISE SERVICES AGREEMENT 9 Notwithstanding the foregoing, the Customer is not obligated to indemnify the Provider pursuant to subparagraphs (a) and (c) above in the event that the claim against Provider is due to the Provider’s breach of this Agreement, gross negligence or willful misconduct. Customer also agrees that Provider has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer pursuant to this Section. In such event, Customer shall have no further obligations to defend Provider pursuant to this Section. By assuming control over its own defense pursuant to the terms hereof, the Provider is in no way waiving its rights to indemnification under the terms of this Agreement. 20 NO AGENCY Neither party is authorized to act as an agent for, or legal representative of, the other party, and neither party shall have the authority to assume or create any obligation on behalf of, in the name of, or binding upon the oth er party. 21 CONFIDENTIALITY AND PRIVACY 21.1 Confidential Information. For the purposes of this Section, “Confidential Information” includes: (a) non-public financial information concerning either party; (b) information about either party's product line (both current and planned), research, development, customer data, and pricing and marketing plans, unless and until publicly announced; (c) customer’s billing information; (d) any information designated as confidential in writing at or prior to disclosure; and (e) any information otherwise disclosed in a manner consistent with its confidential nature. For the purposes of this Section, “Confidential Information” specifically excludes information that: (a) has become publicly known without breach of this Agreement or any other confidentiali ty obligation by the receiving party; (b) has been given to the receiving party by a third party with a legal right to so disclose; (c) was known to the receiving party at the time of disclosure as evidenced by its written records; (d) was independently developed by the receiving party; or (e) is required to be disclosed by applicable law. Each party agrees to use good faith efforts, and at least the same care that it uses to protect its own Confidential Information of like importance, to prevent unauthorized dissemination or disclosure of the other party's Confidential Information both during and after the Term of this Agreement. In addition, each party shall use the other party's Confidential Information solely as necessary for the performance of this Agreement. 21.2 Privacy of Customer’s Clients. Provider’s Privacy Policy, attached hereto as Schedule B, applies to all data received by Provider from Customer pursuant to this Agreement. Except as provided herein, Provider will comply with all applicable laws relating to KUBRA ENTERPRISE SERVICES AGREEMENT 10 personal, confidential and/or financial information and will not share any such information with any other companies, the government or any third party without the express written consent of the owner of the information, unless required to do so by law or court order. Provider shall not sell or distribute information it receives from Customer or Customer’s clients to any party. 21.3 Security of Cardholder Data. Provider confirms that it will maintain all applicable PCI DSS requirements to the extent that it handles, has access to or otherwise stores, processes or transmits the Customer’s cardholder data or sensitive authentication data or manages the Customer’s cardholder data environment on behalf of the Customer. In the event that Provider experiences a breach of information which is not due to the actions or omissions of Customer, Provider agrees to provide, at its own expense, credit monitoring services for all impacted enrolled Customer accounts for twelve (12) months. 21.4 Use of Aggregated Data. Customer agrees that Provider may aggregate data it receives from or on behalf of the Customer with data gathered from other Provider customers to create non-customer specific metrics and statistics (e.g. benchmarking, response analysis and modeling). In no event shall such aggregated data identify Customer or Customer’s Customers. 22 PUBLIC RECORDS In addition to all other contract requirements as provided by law, Provider agrees to comply with all public records laws. Provider’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the Customer to perform the service being provided. b) Upon request from the Customer’s custodian of public records, provide the Customer with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Provider does not transfer the records to the Cust omer. d) Upon completion of the contract, transfer in a mutually agreed format for a mutually agreed cost, to the Customer all public records in possession of the Provider or keep and maintain public records required by the Customer to perform the service. If Provider transfers all public records to the Customer upon completion of the contract, Provider shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Provider keeps and maintains public records upon completion of the contract, Provider shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Customer, upon request from the Customer’s custodian of public r ecords, in a format that is compatible with the information technology systems of the Customer. 23 PUBLICITY Neither party shall refer to the other party directly or indirectly in any media release, public announcement or public disclosure relating to this Agreement or its subject matter, in any promotional or marketing materials, lists or business presentations, without consent from the other party for each such use or release in accordance with this section, provided that Provider may include Customer’s nam e in Provider’s customer list and may identify Customer as its customer in its sales presentations without obtaining Customer’s prior consent. Notwithstanding the foregoing, at KUBRA ENTERPRISE SERVICES AGREEMENT 11 Provider’s request Customer agrees to issue a joint press release prepared by Provider to announce the relationship established by the parties hereunder. Customer agrees that such press release shall be deemed approved by Customer in the event that, within ten (10) Business Days of receiving Provider’s proposed press release, Customer does not provide written notice to Provider describing in reasonable detail Customer’s objections to the press release. All other media releases, public announcements, and public disclosures by either party relating to this Agreement or the subject matter of this Agreement (each a “Disclosure”), including promotional or marketing material, but not including (i) announcements intended solely for internal distribution, or (ii) disclosures to the extent required to meet legal or regulatory requirements beyond the reasonable control of the disclosing party, shall be subject to review and approval, which approval shall not be unreasonably withheld, by the other party prior to release. 24 BINDING EFFECT This Agreement shall be binding upon and inure to the be nefit of the parties hereto and their respective heirs, successors and permitted assigns. Neither party shall voluntarily, or by operation of law, assign, transfer, license, or otherwise transfer (collectively, “Assignment”) all or any part of its rights, obligations or other interests in or under this Agreement without the other party’s prior written consent, which consent shall not be unreasonably withheld. Any attempt to make an Assignment in violation of this provision shall be null and void. Notwithstanding anything else contained herein, Provider shall have the right to assign this Agreement or any rights hereunder without the consent of Customer, in the event of a merger, sale of assets or business or other transfer of control by operation of law or otherwise, provided that the assignee shall assume all obligations and rights hereunder. 25 CHANGES TO AGREEMENT Except as otherwise provided for herein, this Agreement may not be amended or modified in any respect except by written instrument executed by both Customer and Provider. 26 DELAYS AND FORCE MAJEURE (a) If a Force Majeure Event occurs, the party that is prevented by that Force Majeure Event from performing any one or more obligations under this agreement (the “Nonperforming Party”) will be excused from performing those obligations, on condition that it complies with its obligations under section 26(c). (b) For purposes of this agreement, “Force Majeure Event” means, with respect to a party, any event or circumstance, regardless of whether it was foreseeable, that was not caused by that party and that prevents a party from complying with any of its obligations under this agreement [(other than an obligation to pay money)], on condition that that party that uses reasonable efforts to do so. (c) Upon occurrence of a Force Majeure Event, the Nonperforming Party shall promptly notify the other party of occurrence of that Force Majeure Event, its effect on performance, and how long that party expects it to last. Thereafter the Nonperforming Party shall update that information as reasonably necessary. During a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit damages to the Performing Party and to resume its performance under this agreement. In the event either party is prevented from performing its obligations hereunder for a period of sixty (60) days or longer, this Agreement shall terminate without further penalty or expense to either party. 27 ENTIRE AGREEMENT This Agreement (including its schedules) supersedes and merges all prior agreements, promises, understandings, statements, representations, warranties, indemnities and covenants and all inducements to the making of this Agreement relied upon by either party, whether written or oral, and embodies the parties’ complete and entire agreement with respect to the subject matter hereof. No statement or agreement, oral or written, made before the execution of this Agreement shall vary or modify the written terms hereof in any way whatsoever. KUBRA ENTERPRISE SERVICES AGREEMENT 12 28 INTERPRETATION This Agreement shall be construed in accordance with its meaning and not for or against either party on account of which party drafted this Agreement. 29 THIRD PARTY BENEFICIARIES Except as expressly provided herein, nothing in this Agreement is intended to confer any rights o r remedies under or by reason of this Agreement on any third party. 30 SEVERABILITY If any term or provision of this Agreement is determined to be illegal, unenforceable or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid pr ovisions or part(s) thereof shall be stricken from this Agreement and such provision shall not affect the legality, enforceability or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this Section, then the stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as shall be agreed by the parties. 31 REPRESENTATION OF AUTHORITY Each party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such parties and enforceable in accordance with its terms. 32 FURTHER ASSURANCES The parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to carry out the intent and purposes of this Agreement. 33 LEGAL COMPLIANCE This Agreement is made expressly subject to all present and future valid orders, rules, regulations and laws of any regulatory body having jurisdiction over the subject matter hereof. In the event this Agreement, or any of its provisions, shall be found contrary to or in conflict with any such order, rule, regulation or law, this Agreement shall be deemed modified to the extent necessary to comply with any such order, ru le, regulation or law and shall be modified in such a way as is consistent with the form, intent and purpose of this Agreement. 34 GOVERNING LAW THIS AGREEMENT SHALL BE IN ALL ASPECTS GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, INCLUDING ALL MATTERS OF CONSTRUCTION, VALIDITY AND PERFORMANCE. THE PARTIES HEREBY ATTORN TO THE JURISDICTION OF THE COURTS OF THE STATE OF FLORIDA. 35 MEDIATION Any dispute, controversy or claim between or among the parties hereto arising out of or relating to this Agreement or any related agreements or instruments, including any claim based on or arising from an alleged tort, shall be determined by mediation. Each of the parties agrees to give up their right to a jury trial and to have the dispute determined by mediation in accordance with the following: KUBRA ENTERPRISE SERVICES AGREEMENT 13 (a) The mediation shall be heard by a single mediator, who is qualified and has the expertise necessary to hear the matter, as mutually agreed to by the parties . If the parties are unable to agree upon a single mediator, either party may apply to a court of competent jurisdiction for the appointment of a single mediator; (b) The mediation shall take place in the City of Clearwater, in the State of Florida, or in such other place as the Provider and Customer shall agree upon in writing; (c) All meetings and hearings will be in private, unless the Parties otherwise agree in writing; (d) The mediation will be conducted in accordance with the Florida Rules of Civil Procedure; (e) Judgment on the award rendered by the mediator may be entered in a court of competent jurisdiction. 36 COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall constitute an original, but all of which shall constitute one and the same instrument. The reproduction of signatures by facsimile or such similar device will be treated as binding as if original and each party hereto undertakes to provide each and every other party hereto with a copy of the Agreement bearing original signatures forthwith upon demand. 37 NOTICES Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be given by facsimile or other means of electronic communication or by hand -delivery as hereinafter provided. Any such notice or other communication, if sent by facsimile or other means of electronic communication, shall be deemed to have been received on the business day following the sending, or if delivered by hand shall be deemed to have been received at the time it is delivered to the applicable address noted below either to the individual designated below or to an individual at such address having apparent authority to accept deliveries on behalf of the addressee. Notice of change of address shall also be governed by this Section . Notices and other communications shall be addressed as follows: For the Provider: 5050 Tomken Road Mississauga ON Canada L4W 5B1 Attention: Rick Watkin President and CEO Fax 905-624-2886 E-Mail: rick.watkin@kubra.com For the Customer: City of Clearwater 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748 Attention: Cynthia Boyd Director, Utility Customer Service KUBRA ENTERPRISE SERVICES AGREEMENT 14 E-Mail: Cynthia.boyd@myclearwater.com 38 EXECUTION OF SEPARATE AGREEMENTS The Customer is aware that Provider utilizes third party consolidators, distribution partners and electronic payment service providers (including but not limited to the United States and Canadian Postal Services and Paymentech). Customer agrees to execute separate agreements and contracts with these third parties as necessary to fa cilitate Provider’s provision of Services. Provider will incur all direct costs associated with a change in a subcontractor which is due to a change which is required by Provider and specific to Provider and not a result of a change caused by Customer. 39 PAYMENT PROCESSING SERVICES The parties hereby agree to the terms relating to the payment processing component of the Services, as set out in the attached Schedule E, and hereby acknowledge and agree that such Schedule and the terms set out therein are binding terms of this Agreement. 40 THE FOLLOWING ATTACHMENTS SHOULD BE CONSIDERED PART OF THIS AGREEMENT (a) Services and Charges (b) KUBRA’s Privacy Policy (c) Project Live Document (d) Service Level Agreement (e) Payment Processing Terms IN WITNESS WHEREOF, the parties have executed this Agreement, as of the date first above written. PROVIDER: KUBRA Data Transfer Ltd. By: Printed Name: Rick Watkin Title: President & CEO Date: CUSTOMER: City of Clearwater, Florida By: Printed Name: Title: Date: KUBRA ENTERPRISE SERVICES AGREEMENT 15 Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Rosemarie Call Assistant City Attorney City Clerk KUBRA ENTERPRISE SERVICES AGREEMENT 16 SCHEDULE A SERVICES AND CHARGES ELECTRONIC BILL PRESENTMENT AND PAYMENT Module Overview: i-doxs Platform The i-doxs Platform represents the core and foundation of the i-doxs Suite delivering a comprehensive and scalable infrastructure that allows for the transformation of legacy transactional data into rich, interactive and intuitive online bills, invoices and statements. It is an open and modular platform supporting core data extraction, composition, system administration, configuration, application infrastructure, user community management, customer support, archival/retrieval, and general management functions. The Document archival/retrieval engine suppo rts a comprehensive and dynamic document indexing, archival, and retrieval solution. Services include:  Data receipt & routing - Receipt of your core data extract billing files in a flat file format from your billing system via Internet FTP communication vehicle using PGP encryption software, for data parsing extraction and composition applications. After a series of validation, balance acknowledgement/reconciliation and quality control applications the data files are routed to the parsing and extraction engine.  Data extraction & parsing - Data extraction and parsing tools split, parse and route the identified data fields into a relational database for further processing and eventual document composition. PDF/PNG presentment of source content via a Web browser.  Composition & Presentment – Upon a request from an authorized internal user, data elements along with the associated document templates are mapped to PNG pages utilizing a robust set of APIs and presented to the Customer in the form of a dynamic web page.  Storage & Hosting – Storage and archival of all documents loaded within our redundant and secure data centers. Support of up to 8 search criteria for internal access across each document catalog or type.  Administration – Access to the Admin and User Consoles for enterprise tracking, management, and support tools. i-Direct Module The i-Direct module serves as the foundation for the entire online account management and electronic document presentment offering by providing your customers and trading partners with intuitive and dynamic access to their bills and supporting documents online. This module supports our enrollment, e -mail notification, presentment, and our self-service/analytics Cartridges. Also contained within the i -Direct module is our Secure E-mail Delivery and Payment solution that supports an alternative PUSH e -billing model. The i-Direct Module houses our Notification Manager with a design console that allows you to build and manage 25+ e -mail notification templates including 2-way SMS messaging with payment and outbound IVR. Services include:  Enrollment Processing – Support of a customized enrollment, validation, activation and de-activation program on a biller-direct site. KUBRA standard Single Sign On (SSO) support.  Composition and Presentment - Validation, composition and dynamic rendition of legacy Bill data files into an interactive branded summary and detailed electronic formats allowing for the granular presentment, customer self-service, and online account management support applications upon request from the Customer.  Summary register – supports an actionable summary register (sortable fields with bill date, amount due, account number, etc) with options to view, pay, download, and get current balance information with links to payment details, filed bills, profile information, and historical payments.  Decision Support – Display of data in multiple formats with options for downloads and navigation on-demand KUBRA ENTERPRISE SERVICES AGREEMENT 17  Notification - e-mail notification/reminders of e-bills availability, forgotten passwords, and new enrollments  Self-service – capture and routing of on-line customer inquiries/issues  User Interface Design – support of a customized User Interface with regards to framing, navigation, and all associated cosmetic elements  Responsive Web Design for Mobile eBilling i-Pay Module The i-Pay module provides a complete payment enrol lment, scheduling, management, warehousing and settlement application with real-time and batch connections to ACH originators, Credit Card Pro cessors, and ATM networks. The i-Pay module supports e-bill activated [one-time/recurring], one-time [IVR, Call Center, Internet], and legacy EFT payment configurations. Services include:  Real-time payment enrollment and validation for ACH, credit card, debit card and ATM PIN-less Debit payment accounts  The capture and construction of consolidated, recurring, one-time [Internet/IVR/CSR assisted], future and e-bill integrated payment instruction file creation and delivery.  Warehousing of payment accounts, profiles, preferences, and payment transactional history  Support of a payment scheduling interface [one-time, recurring variable, recurring fixed] and a payment profile and history interface with varying levels of detail.  Delivery of the payment instruction files to the noted ACH originators and credit/debit card processors for settlement  Capture and processing of the remittance advice from the processors for A/R posting and reconciliation  Integrated reporting and management tools  Warehousing and display of transactional payment history, forecasting data and payment profile information in the form of reports and online records.  EFT engine supports the processing of payment files and warehousing of payment profiles along with management tools for new users. i-Market Module The i-Market module supports personalization, campaign and content management applications that enable organizations to increase revenue and improve customer satisfaction. On -site marketing tools include e-inserts, pop- up ads, email, and banner ads. The i-Market module is fully integrated with the DocWeb™ platform allowing for ‘flow through’ deployment of ‘e-serts’ from the mail piece to the online document. i-Message Module The i-Message Module is a feature rich set of interactive outbound messaging applications that allow you to proactively communicate with enrolled or non-enrolled customers via SMS, IVR and Email channels with integrated support functionality. i-Mobile Module The i-Mobile Modules supports a suite of leading edge mobile account management and billing applications leveraging responsive web design. All presentment, payment, notifications, transactions etc are agnostic across Desktop, tablet, and mobile platforms Investment Summary E-Billing and Self Service Upfront Fees Functional Modules: KUBRA ENTERPRISE SERVICES AGREEMENT 18  The i-doxs Suite Utility Edition™ o i-doxs Platform™  DoxsDirect™ [Data receipt, extraction/parsing, composition, indexing, release]  Virtual Repository™ [Document archival/retrieval, hosting, technical support, system infrastructure]  User Console™ [Customer management, document management, customer support]  Admin Console™ [System configuration, monitoring, user management, administration, reporting] o i-Direct™ Module [Enrollment, presentment, account/process management, Push E-mail, Analytics] o i-Pay™ Module [Electronic payment scheduling, warehousing, management and settlement] o i-Market™ Module [On-site Targeted marketing and customer service messaging] o i-Connect™ Module [Content distribution enrollment, formatting, delivery and tracking] o i-Message ™ Module [Interactive Outbound Messaging – Phone, E-mail, text] o i-Mobile ™ Module [SMS, Mobile Browser and Mobile Apps] Upfront Fees include:  Project Management  Business Requirements Gathering  Statement of Work Development  Programming  System Testing  User Training Transactional Fees Upfront Fee Summary i-doxs Platform Waived i-Direct Module Waived i-Direct / Secure E-mail Waived i-Direct / Notification Manager/SMS Waived i-Direct / Notification Manager/Voice Waived i-Pay Module Waived i-Market Module Waived i-Mobile Module Waived i-Message Module Waived KUBRA EZ-PAY Waived Customization Fees / Hour estimate Kubra to provide a one time 40 hours of professional service at no charge post implementation [$165.00/hour] – post implementation Customization Fees $0.00 Adoption Marketing Creative Services Request Proposal Configuration Specifications # of Billing systems / Files Number of Application/Form Templates 1 KUBRA ENTERPRISE SERVICES AGREEMENT 19 Notes:  The service fee is applied up- to $1,000 threshold (assumes an average ticket price between $140-$170. If the average ticket price exceeds the range, the provider reserves the right to adjust the service fee on a go forward basis. The av erage ticket price is reviewed on an annual basis. The average ticket price is defined as the average amount processed via the service fee application. .  The ACH percentage of total service fee payments is noted at 18%+. If the ACH percentage falls below 18%, the provider reserves the right to adjust the service fee on a go forward basis. The ACH percentage is reviewed on a semi-annual basis.  In the event that the Provider needs to adjust the service fee it will provide reasonable advance notice to Customer of such change and will provide back-up documentation supporting the increased costs to Provider which necessitated the change. In no event will Provider increase costs beyond additional costs incurred by Provider.  KUBRA requires the Biller to apply for the Discover and MasterCard Utility program as part of the set-up process.  All ACH returns (e.g., NSF) or CC charge-backs will be billed back to the biller based on the service fee per return or chargeback (e.g., If you have 5 returns in March, you wil l receive an invoice from KUBRA equal to 5 times the current service fee being applied to the end customer.).  The threshold for the Service is set at $1000 for credit and debit cards and $10,000 for ACH. This threshold limits individual payments in excess of the threshold as well as a combination of payments for the same account over 30 days which exceed the threshold.  The KUBRA EZ-PAY Service is not intended for third party payments. In order to use the Service, Users must be the legal owner of the accounts associated with the payments (or legal representative or employee in the case of commercial or industrial accounts). Transactional Fee Summary i-doxs Platform / Cloud based Document repository $0.00 i-Direct / BD Presentment [Mobile/Desktop/Tablet] $0.00 i-Direct / Secure E-mail Delivery and Payment $0.00 i-Direct / Notification Manager [EMAIL] $0.00 i-Direct / Notification Manager [Voice/SMS] - optional $0.00 i-Pay BD Payment [Mobile/Traditional/SMS/E- mail/IVR] $1.95 customer convenience fee (with AmEx) Fee Definitions Document Repository Applied per impression stored for 36 months Presentment Applied per original view by external customer. Presentment may be at a traditional website, Responsive browser, mobile app or delivered via secure email. Secure E-mail Applied per email sent out regardless of image count BD Payment Applied per payment settled KUBRA ENTERPRISE SERVICES AGREEMENT 20 KUBRA ENTERPRISE SERVICES AGREEMENT 21 On Demand Payments – KUBRA EZ-PAY Includes  The ability for your customer to make one-time convenience payment via ACH/Credit Card/Debit Card/ATM PIN- less payment types via automated digital IVR, via a biller-branded web page, Mobile App, Mobile Browser, in a self-serving capacity or via a live CSR (Biller), KUBRA CSR Assisted Payments (optional) in a call center in an assisted manner.  The daily gathering of payment order transactions from the application, the creation of payment order files in the specified format and the consolidation of all remittance data into one pre -defined format for A/R posting  Real-time payment validation for Credit Cards, ATM Debit Cards and ACH payment accounts Notes:  The service fee is applied up-to $1,000 threshold (assumes an average ticket price between $140-$170 . If the average ticket price exceeds the range, the provider reserves the right to adjust the service fee on a go forward basis. The average ticket price is reviewed on an annual basis. The average ticket price is defined as the average amount processed via the service fee application. .  The ACH percentage of total service fee payments is noted at 18%+. If the ACH percentage falls below 18%, the provider reserves the right to adjust the service fee on a go forward basis. The ACH percentage is reviewed Upfront Fee Summary On Demand Payments (KUBRA EZ-PAY) Waived Profile / Set-up Supported Channels IVR Internet/Web Pay By Text Mobile App Mobile Browser IVR Languages Spanish / English IVR Configuration TBD API integration Real time Payment Posting Customer Authentication Summary data Remittance file Standard Timelines / Funds availability 8:00 PM EST / Next business Day Payment Processor Chase Paymentech Payment Types ACH Credit Card [Visa/MasterCard/Discover/AmEX] Signature debit [Visa/MasterCard/Discover] ATM PIN-less debit [Star, NYCE, Pulse, Accel] KUBRA EZ-PAY Payment [Mobile/Traditional/SMS/E-mail/IVR] $1.95 customer convenience fee (w AmEX) Payment Limit $1,000.00 KUBRA ENTERPRISE SERVICES AGREEMENT 22 on a semi-annual basis.  In the event that the Provider needs to adjust the servi ce fee it will provide reasonable advance notice to Customer of such change and will provide back-up documentation supporting the increased costs to Provider which necessitated the change. In no event will Provider increase costs beyond additional costs incurred by Provider.  KUBRA requires the Biller to apply for the Discover and MasterCard Utility program as part of the set-up process.  All ACH returns (e.g., NSF) or CC charge-backs will be billed back to the biller based on the service fee per return or chargeback (e.g., If you have 5 returns in March, you will receive an invoice from KUBRA equal to 5 times the current service fee being applied to the end customer.).  The threshold for the Service is set at $1000 for credit and debit cards and $10,000 for ACH. . This threshold limits individual payments in excess of the threshold as well as a combination of payments for the same account over 30 days which exceed the threshold.  The KUBRA EZ-PAY Service is not intended for third party payments. In order to use the Service, Users must be the legal owner of the accounts associated with the payments (or legal representative or employee in the case of commercial or industrial accounts). KUBRA ENTERPRISE SERVICES AGREEMENT 23 KUBRA EZ-PAY Retail Cash Payment KUBRA EZ-PAY Retail Cash Payment (RCP) provides a convenient and secure option to pay bills with cash payments at participating merchant locations throughout the United States. KUBRA EZ-PAY Retail Cash Payment is an electronic cash payment solution that permits the end customers to easily, safely and conveniently pay their printed or electronic bill with cash while in the aisle at one of 50,000 KUBRA participating Tier 1 retail stores located close to them. The KUBRA EZ-PAY Retail Cash Payment satisfies the unbanked, underbanked, and cash prefere nce market segment which prefers to pay their bills with cash. Retail cash payments provide these customers with a convenient way to pay their bills with cash while at the checkout counter of their local retail store. Billers can expand their bill payment locations without any cost to add another 70,000 potential locations. For this technology savvy segment, billers can engage these customers in real-time through the web and mobile interaction to initiate, make bill payments and confirm payment. The KUBRA EZ-PAY Retail Cash Payment solution will enhance the customer service experience you currently offer. Upfront Processes  Project management  Business requirement gathering  Statement of Work development  Programming  System testing  User training  KUBRA EZ-PAY RCP Marketing (Free Integration Playbook) Total one-time installation cost: - waived Profile and Setup Supported Channels Mobile Internet API Integration CRM Integration Map Tool Online Interactive Map Service Customer Authentication Summary Data Remittance File Standard – Next Business Day Timelines and Funds Availability Between 2 and 4* Banking Business Day Payment Processor KUBRA EZ-PAY Retail Cash Payment KUBRA EZ-PAY RCP Convenience Fee* $1.99 Payment Types Cash KUBRA ENTERPRISE SERVICES AGREEMENT 24 *KUBRA EZ-PAY RCP convenience fee can be biller absorbed or customer-funded. If customer-funded, the fee will be added to each cash payment on top of the bill amount being paid. KUBRA ENTERPRISE SERVICES AGREEMENT 25 Financial Review KIOSK The Customer may opt-in for the following kiosk services with written request, Customer is not under obligation to utilize kiosk services during any portion of the term. Once initiated opt-in kiosk term will follow Agreement term, prorated as needed. Tender acceptance type and number of locations is at the discretion of the Cust omer. Upfront Processes  Project management  Business requirement gathering  Statement of Work development  Programming  System testing  QA testing  User training  Installation  KUBRA EZ-PAY RCP Marketing (Free Integration Playbook) Kiosk Fee Schedule for Managed Self-Service Kiosk Solution Kiosk Managed Service Up-front costs* None Kiosk Hardware Location Location 1 – TBD Location 2 – TBD Location 3 - TBD Database Integration Included Custom Software Development Included QR Statement Design and Optional Mobile Interface Included Installation and Staff Training Included Electronic Receipting Included Telecom service Included KUBRA ENTERPRISE SERVICES AGREEMENT 26 Software and Hardware Support and Maintenance Included Communications Included Maintenance and Support Maintenance and Support Included Transaction Tender Type Cash Check Credit PIN-less Debit Kiosk Payment Fee plus $1.50 $1.50 $1.50 $1.50 Payment Convenience Fee $0.00 $0.00 KUBRA EZ- PAY Payment Convenience fee KUBRA EZ- PAY Payment Convenience fee Fee Funding (customer or biller-funded)** Customer Customer Customer Customer Transaction Monthly Minimum*** 1500 transactions for the first kiosk per month, 1000 per month for each additional Kiosk Armor Car Service Provided by the City Term Term Please Note: PIN-less debit - Visa/MasterCard - some cards may have restriction on PIN-less use as defined by issuer and network. Excludes armored car services. Customer responsible for armor services and is quoted separately. Kiosk hardware is maintained through life of agreement. * Customer is responsible for any construction charges to prepare site for kiosk installation. ** Biller-funded or Consumer convenience fee supported. The transaction payment fee is applied on each bill payment at the kiosk regardless of tender type. KUBRA ENTERPRISE SERVICES AGREEMENT 27 *** Transaction Payment Monthly Minimum each Kiosk calculated at 1500 times $1.50 payment. If Minimum is not attained Customer is responsible for shortfall calculated as follows; - 1,500 payment transaction min per Kiosk minus 1000 payment transaction (actual total payment on Kiosk for the month) = 500 payment transaction short fall Customer responsible for 500 payment transaction short fall X $1.50/payment = $750.00 In the event that the Customer opts to receive the Kiosk Services during the Term, an addendum will need to be mutually agreed to by the parties to provide for a three year term for the Kiosk Services. KUBRA ENTERPRISE SERVICES AGREEMENT 28 SCHEDULE B KUBRA PRIVACY POLICY At KUBRA DATA TRANSFER LTD. (“Kubra”, “we”, “our” or “us”), we are committed to protecting the privacy and the confidentiality of personal information of our customers and our customer’s Customers (collectively, “Customers”) and employees (“Employees”). In order to comply with applicable privacy legislation and to instill confidence in our Customers and Employees that the personal information they entrust to us is safe, we have developed this Privacy Policy. We want our Customers and Employees to know why we ask for their personal information, how we use it, what safeguards we employ and how to contact us with privacy-related questions. In this Privacy Policy, “Personal Information” means information that specifically identifies a Customer or Employee as an individual and is provided to or collected by Kubra. The type of personal information Kubra collects, uses and discloses may include a Customer’s or Employee’s name, age, gender, residential mailing address, residential phone numbers or email addresses, financial, credit and banking information, social insurance number (and other identification numbers), employment experience (past and present) and records, health information and tax records. Personal Information does not, however, include a Customer’s or Employee’s business title, business address or business telephone number in such individual’s capacity as an employee of an organization or enterprise. In this Privacy Policy, “Personal Health Information” includes information concerning an Employee’s physical or mental health collected or generated in the course of Kubra providing an Employee with health s ervices or benefits. In the case of Employees, Personal Information will also include Personal Health Information and all applicable information contained in the Employee’s personnel file. I. IDENTIFYING THE PURPOSES AND USE OF PERSONAL INFORMATION Before collecting any Personal Information, Kubra will identify why the Personal Information is required and how it will be used. This Personal Information is documented and kept on file at Kubra’s offices at 5050 Tomken Road, Mississauga Ontario, Canada L4W 5B1. Kubra will obtain the Customer’s or Employee’s consent before using or disclosing Personal Information for purposes other than the original reasons given. Kubra collects and uses Customer’s Personal Information for the following purposes:  Administration, recording and using Personal Information relevant to the relationship between the Customer and Kubra;  Protecting against fraud and error;  Communicating with a Customer generally;  Communicating Personal Information to an agent, intermediary or other third party during the course of a contract or mandate for the performance of any of the purposes listed in this Privacy Policy;  Complying with all applicable laws; and  Such other specific purposes which are communicated to the Customer by Kubra and its representatives before collection of the Personal Information. Kubra collects and uses an Employee’s Personal Information for the following purposes: KUBRA ENTERPRISE SERVICES AGREEMENT 29  Decision-making regarding an Employee’s hiring, duties, transfer, training, discipline, promotion and retention;  Recording and determining an Employee’s eligibility for participation in various Kubra benefit plans, including health and dental benefits;  Compliance with all municipal, provincial, federal and other applicable laws regarding an Employee;  Recording and maintaining an Employee’s attendance record, service award and bonuses record, performance evaluations, performance improvement plans, remuneration details, or maintaining any other necessary information for establishing, managing or terminating the employment r elationship (including its related benefits), as well as the determination of the applicable income and benefits; and  Such other specific purposes which are communicated to the Employee by Kubra and its representatives before collection of the Personal Information. We may use, share and disclose a Customer’s or Employee’s Personal Information to our affiliates, associates, agents, suppliers and such other third parties as Kubra, acting reasonably, may deem necessary for the fulfillment of the purposes noted above or where otherwise required by law. In the unlikely event that Kubra or substantially all of its assets are acquired by a third party, a Customer’s and Employee’s Personal Information may be one of the assets transferred to such third party and Kubra may reasonably disclose such Personal Information to a prospective third party purchaser. II. CONSENT Except in certain extraordinary circumstances, Kubra does not collect, use or disclose a Customer’s or Employee’s Personal Information without their knowledge and consent. Such extraordinary circumstances may include, without limitation, when legal, medical or security reasons make it impossible or impractical to obtain consent. The Customer’s and Employee’s consent will be obtained at the time of collection of the Personal Information, or when a new use for the Personal Information is identified. A Customer or Employee may withdraw their consent at any time, subject to any legal or contractual restrictions and on the provision of reasonable notice to Kubra. If a Customer or Employee chooses to withdraw his or her consent, he or she is required to do so in writing to the Chief Compliance Officer (please see section VII of this Privacy Policy). Any implications to withdrawing consent will be explained to the Customer or Employee at the time written notice of such withdrawal is received by Kubra. Such implications may include, but are not limited to, a breakdown, interruption or cessation of Kubra’s relationship with the Customer or Employee. By becoming an employee of Kubra, Employees have consented to the disclosure of their Personal Information to a third party in the circumstances, or for the purposes, set out in this Privacy Policy. III. LIMITING COLLECTION Kubra limits the collection of a Customer’s or Employee’s Personal Information to that which is necessary for the purposes identified in this Privacy Policy, or for any additional purpose identified to the Customer or Employee before collection of the Personal Information. IV. LIMITING USE, DISCLOSURE AND RETENTION Personal Information is not used or disclosed for purposes other than those for which it was originally collected, except with the consent of the Customer or Employee, or as permitted by law. Personal Information is only retained as long as may be necessary for the fulfillment of these purposes, or to meet government requirements, whichever is longer, following which it is destroyed, erased, or rendered anonymous. KUBRA ENTERPRISE SERVICES AGREEMENT 30 V. ACCURACY Kubra strives to ensure that Customer’s or Employee’s Personal Information is as accurate, complete and up to date as necessary for the purposes for which it is used. Information is updated only when necessary to fulfill specified purposes. Employees are required to notify Kubra of a change of Personal Information as soon as possible for payroll and tax purposes. VI. SAFEGUARDS Kubra has security safeguards in place designed to protect against loss, theft, unauthorized access, disclosure, copying, use or modification of Personal Information under the care of Kubra. The nature of the safeguards depends on the sensitivity, format, location and storage of the Personal Information. These security measures may from time to time include locked cabinets, computer passwords, software firewalls to stop hackers, encryption software, restricting access to Personal Information to only those employees or representatives who have a need to know and, if deemed necessary by Kubra in its sole discretion, confidentiality covenants from third parties to whom Personal Information has been disclosed. E-mail is not a 100% secure medium, and Customers and Employees should be aware of this when contacting us to send Personal Information. VII. ACCOUNTABILITY AND OPENNESS Kubra is responsible for the Personal Information under its control and has appointed a Chief Compliance Of ficer to ensure that we comply with all applicable privacy legislation and the terms of this Privacy Policy. All employees involved in maintaining or collecting Personal Information are trained via this Privacy Policy. Personal Information provided to third party service providers with whom Kubra has a contractual agreement will have levels of protection comparable to the internal protection of Personal Information maintained at Kubra. The Chief Compliance Officer addresses and investigates questions or co ncerns regarding Customer’s or Employee’s Personal Information. The Chief Compliance Officer may be reached by mail at Kubra Data Transfer Ltd, 5050 Tomken Road, Mississauga Ontario, Canada L4W 5B1, Attention: Chief Compliance Officer, or by telephone at (905) 624-2220. Copies of this Privacy Policy and any future updates or amendments hereto are available at www.kubra.com and upon request from Kubra. VIII. INDIVIDUAL ACCESS Upon written request of a Customer or Employee, Kubra will provide such Customer or Emplo yee with access to his or her Personal Information. Kubra will correct or amend any inaccuracies in the Customer’s or Employee’s Personal Information, and such amended information will be forwarded to any third parties who require access to the information. Kubra has the right to refuse a request for access to Personal Information:  If the information is protected by legal privilege;  If granting access would reveal confidential commercial or financial information;  If doing so would reasonably be expected to threaten the life or security of another individual;  If the information was collected for purposes related to the detection and prevention of fraud;  If the information was generated in the course of a formal dispute resolution process;  If the information would likely reveal Personal Information about another Customer or Employee, as the case may be; KUBRA ENTERPRISE SERVICES AGREEMENT 31  To protect Kubra’s rights and property. If the request of a Customer or Employee for such individual’s Personal Information is denied, the individual will be informed in writing of the reasons for the denial, as well as any recourse available to such individual. Access to Customer’s or Employee’s Personal Information will be at no cost to such Customer or Employee. Minimal charges may apply, however, for the transcription, reproduction or transmission of documents containing Personal Information. This section concerning individual access is superseded by section 22, Public Records. IX. CHALLENGING COMPLIANCE If a complaint (“Complaint”) regarding Kubra’s handling of Personal Information is received, an individual (the “Investigator”) with the skills necessary to conduct an investigation fairly and impartially will be assigned. The Investigator will have access to all relevant records and will be permitted to speak with the Employee(s) who handled the Personal Information access request. The complainant will receive notification of the outcome of the investigation clearly and promptly. Any inaccurate Personal Information or policy/procedure changes will be modified, if necessary, based on the outcome of the Complaint. X. CURRENCY OF THIS PRIVACY POLICY Kubra reserves the right to change this Privacy Policy at any time and from time to time. Any changes or additions to section I of this Privacy Policy regarding those sit uations where Kubra will collect, use or disclose Personal Information will not apply to a Customer or Employee without the prior consent of such Customer or Employee. All Customers and Employees are encouraged to contact Kubra to determine if any updates have been made to this Privacy Policy. KUBRA ENTERPRISE SERVICES AGREEMENT 32 SCHEDULE C- Sample Project Live Document LIVE DOCUMENTInformation CUSTOMER PROJECT Name [enter] Name [3lettertype:Customername:projname] Contact [enter] Type Choose an item. Phone [enter] Leader [enter] Email [enter] Programmer [enter] Reference Number [if available] LIVE Original [date] Actual [date] LIVE Scheduling Consideration(s) [provide a high-level description of what is being moved into production, and include any special requirements, considerations, and/or circumstances] Review and Approval Important – Please initial and/or check all of the following Agree Disagree Read Carefully All changes have been made as specified in the Business Requirements (BRd); including any Scope Changes (SCd) that may have been approved during the life of this project User Acceptance Testing (UAT) has yielded expected and accurate results Approval is granted to move this project into production on [date] The individual executing the PLd on behalf of [Customer name] does herby represent and warrant that they are duly authorized by all necessary action to execute this PLd on behalf of their respective principals Day 2 (post-implementation) and/or out-of-scope items has been communicated, documented, and approved Stakeholder Action* Name (Print) Signature Date KUBRA PMO Authorization and Approval [enter] [PL to Enter Customer Name] Title Name (Print) Signature Date KUBRA ENTERPRISE SERVICES AGREEMENT 33 SCHEDULE D SERVICE LEVEL AGREEMENT General: PROVIDER shall provide reports of its performance against the Service Levels on a monthly basis. Service Levels shall be applicable 90 days after the Production-Ready Date. Provider will use commercially reasonable efforts to provide the Services in accordance with the performance standards (“Service Levels”) set forth in the Service Level Schedule. Performance at or above a Service Level sha ll constitute satisfactory performance by Provider. In the event that, at any time, a monthly Service Level report shows any material failure by Provider to meet any of the Service Levels, Provider shall: (i) within thirty (30) days after the date of delivery of such report, deliver to Customer a remedial plan showing in reasonable specificity and detail (A) Provider’s findings regarding the causes for such failure to meet Service Levels and (B) a remedial plan of actions reasonably designed to eliminate, prevent or reduce the future likelihood of recurrence of such causes; and (ii) diligently proceed to carry out such plan. Provider has ninety (90) days to produce a report showing no material failure following the delivery of the remedial plan. Except for Customer’s right to terminate for material breach in accordance with Section 3 hereof the foregoing shall constitute the sole and complete remedy for Customer with respect to the corresponding failures by Provider to meet Service Levels. Timeliness of Implementation The implementation time line starts from the date of contract signing (Effective Date) and is primarily based on the number of print streams to be parsed, the number of templates to be created, as well as the number of non -standard features required. Once the Customer implementation documentation is completed, the number of print streams is known, and the number of bill templates is known, then PROVIDER can calculate how long the implementation will take. PROVIDER will present a draft project plan during the kick-off meeting and Customer will then have the opportunity to determine if it will meet the time estimates PROVIDER has identified for the Customer’s tasks. Once both the Customer and PROVIDER have agreed on the project plan, every effort on both parties part must be made to meet this time line. Potential delays must be identified at least as soon as known, so that both parties can make suitable adjustments to the time line. If PROVIDER is the cause of the project’s delay, PROVIDER will make every reasonable effort to resolve the issue (s), including applicable internal escalation procedures, in order to ensure that the issue(s) will be resolved and new completion times will be estimated. If the Customer is the cause of the project’s delay, the Customer will make every effort to resolve the issue (s). Failure to resolve the issue(s) in a timely manner (fifteen (15) business days), which causes PROVIDER assets to be idle, will result in the reassignment of said assets to other projects and the Customer’s project will be moved to the PROVIDER project queue to be rescheduled as soon as the above mentioned resources become available. Management Reporting Frequency and Content PROVIDER will supply daily, weekly and monthly reporting, as needed, to t he Customer accessible via the Admin Console. A complete list of all reports accessible via this application is available in the i -Direct product user guide. Replacement Systems In the event that any applicable system or function used by PROVIDER to provi de a Service is replaced during the Term by a comparable system or function, the Service Level shall, to the extent reasonably practicable, be defined during the first sixty (60) days of operation of such replacement system or function, provided that such Service Level shall be established at a level intended to achieve performance at least the same as or better than performance under the Service Level associated with the replaced system or function. KUBRA ENTERPRISE SERVICES AGREEMENT 34 Storage Standard retention period for bill images is thirty-six (36) months and thirty-six (36) months for payment history. Historical bill images and payment history may be loaded into the Service at the election of Customer; such election will be noted in the Services Fee Schedule, if applicable. Purging of Customer data, beyond the selected retention period described in the Services Fee Schedule, will be at the election of PROVIDER. Provider is not the system of record and the Customer has the obligation to retain customer data on a permanent basis, or for an y other Customer need, and agrees that the loss or destruction of any such data will not result in any liability to PROVIDER. Additional Storage PROVIDER may provide storage services for Customer Data beyond the standard period included in the Services, at the election of Customer, which will be invoiced at the then-current Additional Storage Fee rate and described in the Services Fee Schedule. Account Volume Growth Batch windows and service levels are based on current account volumes as of the Commencement Date. Batch windows and service levels may be adjusted by PROVIDER in consultation with Customer should account volumes exceed 20% growth in a given month. Commitment to Data Security PROVIDER will keep its security practices current by performing independent third party audits. Requests for audit results will be made through the Team Leader during the implementation process and to the assigned Project leader once the system is in full production. Commitment to Continuous Application and Technology Upgrades PROVIDER will upgrade systems and application technology regularly in order to provide the most efficient servicing for our Customers. Planned system upgrades will be reported to the Customer via an e-mail notice. Upon giving reasonable advance notice to Customer, PROVIDER at its expense may make any modifications, changes, adjustments or enhancements to the Services, which it considers being suitable or which are required by law or governmental regulation. Documentation of Changes Any additions or modifications to Service Levels shall be documented in a written amendment to the Agreement . Customer Support: Support Hours Post Production, PROVIDER will provide Customer support weekdays 8:00 am ET to 6:00 pm ET, excluding holidays. Customer support required at another time will be based upon the severity of the problem. Contact will be made in accordance with the support defined below. Telephone support services, available Monday to Friday 8:00 am ET to 6:00 pm ET excluding holidays, will include assistance related to routine questions regarding use of the i-doxs Suite system (i-doxs Suite), assistance in identifying and verifying the causes of suspected errors or malfunctions in the i-doxs Suite system , advice on detours for identified errors or malfunctions, where reasonably available and correction of reproducible errors of the i-doxs Suite system that cause the applicable i-doxs Suite system to deviate materially from the applicable documentation. KUBRA ENTERPRISE SERVICES AGREEMENT 35 After Hours Support PROVIDER will provide support outside of regular business hours as needed. Although your dedicated support team will be unavailable, general support will still be available for any Production related issue. With that in mind please attempt to make solution specific requests for changes during business hours and use after hours support for service interruptions and issues. On-site Support On-site services will be provided at the Customer's reasonable request. PROVIDER shall charge Customer for such on- site services at PROVIDER's then-current rates, plus reasonable travel costs and other out-of-pocket expenses directly incurred in performing such services, provided Customer has agreed to pay for on-site services in advance. However, Customer shall have no obligation to pay for services rendered as a result of a failure of the PROVIDER solution to satisfy the Service Level Agreement set forth herein, where PROVIDER determines in its sole discretion, that such services must be performed on-site at Customers premises. Escalation Procedures In order to properly track and monitor, all issues must be reported to PROVIDER Support via the dedicated 800 telephone number and / or to Customersupport@KUBRA.com Customer may also elect to escalate an issue directly to your dedicated Customer Relationship Manager. Service Levels: System Availability PROVIDER shall make access available to the Services twenty-four hours per day, seven days per week, less (a) scheduled maintenance; and (b) excusable downtime result ing from events beyond PROVIDER’s reasonable control (the “Availability Period”). PROVIDER will conduct proactive monitoring of all servers, including monitoring disk space, CPU utilization, memory utilization and critical error messages. PROVIDER will take commercially reasonable efforts to notify Customer in advance of any potential server outages or equipment failures that would prevent Customer from using the Services. PROVIDER will provide support 24 hours per day, 7 days per week, to all servers. PROVIDER will maintain at least 99.9 percent (99.9%) server availability during the Availability Period, which availability shall be measured monthly and based on a system -wide average. Events that are beyond the control of PROVIDER, such as web brownouts, consolidator/payment processor unscheduled downtime, and scheduled maintenance are not included Scheduled Maintenance PROVIDER will schedule all routine system maintenance, hardware and software upgrades, and network changes from 2AM ET to 6AM ET each Sunday. The scheduled maintenance window will not apply towards the Availability Period. Notice for Changes PROVIDER will take commercially reasonable efforts to provide 72 hours advance notice for any unscheduled system maintenance. Response Time PROVIDER will take commercially reasonable efforts to maintain an internal response time of five (5) seconds or less for all transactions from the time they arrive at the PROVIDER firewall until they are delivered back to the firewall. KUBRA ENTERPRISE SERVICES AGREEMENT 36 Parsing and Presentment Upon PROVIDER’s receipt of the document data from Customer, PROVIDER will process and load the customer documents, no later than the time frame mutually agreed to after receipt. All regularly scheduled files received for parsing and presentment will be processed within twenty four (24) hours of receipt by PROVIDER unless otherwise specified and agreed upon with Customer. Receipt of the file is identified as the successful completion of the transmission of the file and the relevant return code confirming successful transmission. In the event of exceptionally large, additional, missed, or the reprocessing of files, special arrangements must be made with PROVIDER Customer support to determine a mutually agreeable schedule for delivery. E-mail Delivery E-mail messages will be made available to applicable customers within eight hours of the event that triggers the message. Events that are beyond the control of PROVIDER, such as web brownouts and scheduled maintenance are not included in this time commitment. Payment Processing and Posting If Customer elects to accept ACH payments, PROVIDER shall create (a) a daily ACH file to be electronically transmitted to the designated financial institution on each business day (Monday through Friday, excluding Bank holidays), for the total amount of the transactions processed, in accordance with the terms and conditions set forth herein; and (b) a separate Accounts Receivable file that is consistent with the ACH file and (c) that PROVIDER will post the Accounts Receivable (A/R) file each day on a specified FTP server for Customer at a mutually agreed-upon time. If Customer elects to accept Credit / Debit cards, PROVIDER shall authorize those transactions on a real time basis with the chosen credit card processor and provide a nightly settlement file to the credit card processor for verification. The Credit Card Processor will be responsible for depositing the funds to you designated bank account. Transactions received before the daily cut-off of 4:00pm will be posted in real time in the Customer Account Receivable accounts with the same date that the transaction was received. (Example Transaction received at 3:45 pm on 2/23/2017 will be posted with the date 2/23/2017. Transactions completed after the cut -off time of 4:00pm on a business day, or on a Saturday, Sunday, or city of Clearwater holiday, will be posted on the next business day. Services Level Failures: Excused Performance Problems PROVIDER shall not be liable to Customer for any failure to meet a Service Level to the extent that such failure is attributable to: (i) a Force Majeure event; or (ii) acts or omissions of Customer; or (iii) breaches of the Agreement by Customer. The foregoing is referred to herein collectively as an “Excused Performance Problem.” Single Point of Contact Regardless of whether any failure by PROVIDER to meet a Service Level is attributable to PROVIDER or an Excused Performance Problem, and without limitation on PROVIDER’s obligations to address such failure as otherwise KUBRA ENTERPRISE SERVICES AGREEMENT 37 specified in this Agreement, PROVIDER shall provide a single point of contact in the form of a toll -free number to address resolution of such failure and shall act promptly to address the problem causing the failure. Incident Management: All incidents that occur and affect Customer directly and/or indirectly will be managed to resolution by your Support Team with ongoing communication to Customer. Resolution of incidents at PROVIDER is facilitated through:  Provider incident management 7 X 24 based on the severity of the issue defined hereto.  PROVIDER analysts will track incidents to ensure that they are resolved in a timely manner. Resolution may be in the form of a transfer to the Customer’s own support service where appropriate.  Escalation of any incident to PROVIDER management at any time.  Communication to all necessary parties as detailed in the contact lists agreed with the Customer.  Classification of the severity level of each incident in accordance with PROVIDER’s Incident Classification Standard  Integrity and completeness of Incident records. Incident Classification Standard Provider shall use all commercially reasonable efforts to respond to incident reports according to the following schedule: Incident Classification Action 1 Action 2 Action 3 Severity Level 1 1 hour 1 business day 15 business days Severity Level 2 1 hour 1 business day 30 business days Severity Level 3 1 hour 15 business days 45 business days Severity Level 4 1 hour 45 business days as appropriate Incident Classification Definition Severity Level 1 Fatal: Errors preventing all useful work from being done as reasonably determined by Customer and Provider. Severity Level 2 Severe Impact: Errors, which disable major functions from being performed as reasonably determined by Customer and Provider. Severity Level 3 Degraded Operations: Errors disabling only certain nonessential functions as reasonably determined by Customer and Provider. Severity Level 4 Minimal Impact: Minor and cosmetic issues as reasonably determined by Customer and PROVIDER. Action Classification Action 1 Acknowledgement of receipt of reported issue or error Action 2 Provide patch, workaround, temporary fix and document corrective action Action 3 Official object code fix, update or major release and/or updated documentation KUBRA ENTERPRISE SERVICES AGREEMENT 38 Incidents are tracked via a work request “ticket” that documents all correspondence through its entire “life cycle”. The ticket is also used to collect vital information for the change management logs which detail all issues and the subsequent adjustments and revisions to the solution in question. Note: Business days are Monday to Friday, excluding national holidays. KUBRA ENTERPRISE SERVICES AGREEMENT 39 Schedule E – Payment Processing Terms 1.1 Transactions. In furtherance of the provision of the Services, Customer shall submit cer tain data to Provider which is the evidence and electronic record of sale or lease transactions (“Transactions”) between Customer and purchasers/lessees of Customer’s goods and/or services (“Purchasers”) representing payment by the Purchasers by (i) credit or debit cards (“Cards”) or (ii) electronic check processing, through either ACH or facsimile draft transactions (“ECP”), which Customer accepts from Purchasers as payment for their purchases from Customer, and for which Provider agrees to submit to a thi rd party electronic payment service provider (“Payment Processor”) on Customer’s behalf for payment processing. 1.2 Certain Card Acceptance Policies. Each sale Customer makes involving a Card shall be evidenced by a Transaction record completed with the sale date and the sale amount, and other information as required by (i) Payment Processor, or (ii) the group of Card issuer banks or debit networks that facilitate the use of payment cards (the “Associations”), such as the systems operated by MasterCard International, Inc., Visa, Inc. and NYCE, Pulse, Star, and Interlink debit networks. With respect to any Transaction for which a Card is not physically presented, such as in any on-line, mail, telephone or pre-authorized transaction, Customer must have notified Provider in writing of its intention to conduct such Transactions and Provider has agreed to accept them. Notwithstanding the foregoing, Customer acknowledges that under the bylaws, rules and regulations of the Association, as they exist from time to time (the “Association Rules”), Customer cannot rebut a reversal of a Card sale it previously presented (a “Chargeback”) where the Purchaser disputes making the purchase without an electronic record or physical imprint of the Card. 1.3 ECP Transactions. Each ECP Transaction shall be evidenced by a Transaction record completed with the sale date and the sale amount, and other information as required by (i) Payment Processor, or (ii) the National Automated Clearing House Association (“NACHA”). Customer warrants that the content of the sales data submitted to Provider in respect of each ECP Transaction is accurate, including the fact that the amount of the Transaction is correct, that the account number and financial institution’s ABA number are correct, and that the entry is timely. Customer will not reinitiate ECP Transactions once they have received a “Payment Stopped” as a reason for an ECP Return (as hereinafter defined), unless an authorization from the Purchaser overriding the “Payment Stopped” has been received. For the purposes of this Agreement, “ECP Return” means the reversal of an amount for which Customer has previously presented as an ECP Transaction, as the result of (i) a non dollar transaction sent to Payment Processor by the receiving institution which advises that the data contained in the original transaction is either incorrect or has been changed (“Notification of Change”), and the Notification of Change provides the correct data allowing for the processing of the transaction; (ii) being initiated by the Purchaser’s bank at the request of the Purchaser or may be caused due to invalid account data or insufficient funds at the receiving institution; or (iii) any reason allowed by Federal Reserve Regulations pertaining to the ACH system. 1.4 Requirements for Transactions. As to each Transaction Customer tenders to Provider for processing, Customer represents and warrants that: (a) The Transaction represents payment or refund of payment, for the bona fide sale or lease of the goods, services or both; (b) The Transaction does not involve any element of credit for any purpose other than payment for a current transaction (including payment of a previously-dishonoured check) and, except in the case of approved installment or pre-payment plans, the goods have been shipped or services actually rendered to the Purchaser; (c) The Transaction is free from any material alteration not authorized by the Purchaser; (d) Neither the Customer nor a Customer employee has advanced any cash to the Purchaser or to the Customer or to any of Customer’s representatives, agents or employees in connection with the Transaction, nor has Customer accepted payment for effecting credits to a Purchaser’s account; KUBRA ENTERPRISE SERVICES AGREEMENT 40 (e) Customer has made no representations or agreements for the issuance of refunds except as it states in the Customer’s return/cancellation policy, which has been previously submitted to us in writing as provided below; (f) Customer has no knowledge or notice of information that would lead Customer to believe that the enforceability or collectibility of the subject Transaction is in any manner impaired, and the Transaction is in compliance with all applicable laws, ordinances, and regulations; (g) all Transactions have been originated in compliance with this Agreement and the Association Rules; and (h) For a sale where the Purchaser pays in installments or on a deferred payment plan, a Transaction record has been prepared separately for each instal lment transaction or deferred payment, as applicable, on the date(s) the Purchaser agreed to be charged. All insta llments and deferred payments, whether or not they have been submitted to Provider for processing, shall be deemed to be a part of the original sale. 1.5 Lack of Authorization. Provider reserves the right to refuse to process any Transaction presented by Customer (i) unless a proper authorization/approval code is recorded, (ii) if Provider reasonably determines that the Transaction is or will become uncollectible from the Purchaser to which the Transaction would otherwise be charged, or (iii) if Provider determines that the Transaction was prepared in violation of any provision of this Agreement. 1.6 Refunds and Adjustments. Customer is required to maintain a fair policy with regard to the return/cancellation of goods or services and adjustment of sales. Customer is required to disclose to its customers, and to Provider, Customer’s return/cancellation policy. The amount of the refund/adjustment cannot exceed the amount shown as the total on the original Transaction except by the exact amount required to reimburse the Purchaser for postage that the Purchaser paid to return the goods. Customer is not allowed to accept cash or any other payment or consideration from a Purchaser in return for preparing a refund to be deposited to the Purchaser’s account nor to give cash refunds to a Purchaser in connection with a sale, unless required by law. 1.7 Authorized Bank Accounts. In order to receive funds from Payment Processor and/or Provider, Customer must maintain one or more bank accounts at a bank that is a member of the Aut omated Clearing House system (the “Customer Accounts”). Customer agrees that it shall not close a Customer Account without giving Provider at least four (4) days’ prior written notice and substituting another bank account, if necessary. Customer is solely liable for all fees and costs associated with the Customer Accounts and for all overdrafts. Provider acknowledges that Payment Processor will initiate electronic credit and debit entries and adjustments to the Customer Accounts at any time without respect to the source of any monies in the Customer Accounts, and such will be the case until Provider and/or Payment Processor notifies Customer’s bank that all monies due from Customer under this Agreement have been paid in full. Provider will not be liable for any delays in receipt of funds or errors in bank account entries caused by third parties, including but not limited to delays or errors by the Associations or Customer’s bank. 1.8 Travel and Entertainment Cards. Customer cannot submit any Transaction through a travel and entertainment Card issued by American Express, or any other travel and entertainment Card for which Provider may agree to accept submissions in the future (“T&E Card”), for processing, unless Customer has in effect a valid agreement with the respective T&E Card company. Upon transmission of a T&E Card Transaction by Customer, Payment Processor will forward the Transaction to the appropriate T&E Card company. Except to the extent that Payment Processor may provide funds settlement service s for American Express, payment of the proceeds due to Customer will be governed by whatever agreement Customer has with that T&E Card company, and Provider does not bear any responsibility for a T&E Card company’s performance. If Customer’s agreement with a T&E Card company requires the T&E Card company’s consent for Provider or for Payment Processor to perform the Services, Customer is responsible for obtaining that consent. KUBRA ENTERPRISE SERVICES AGREEMENT 41 1.9 Negative Amounts. To the extent Transactions do not represent sufficient credits or the Customer Accounts do not have a sufficient balance to pay amounts due from Customer under this Agreement, Provider may pursue one or more of the following options: (i) demand and receive immediate payment for such amounts; (ii) debit the Customer Accounts for the amount of the negative balance; (iii) withhold Customer’s settlement payments until all amounts are paid; (iv) delay presentation of Customer’s refunds until Customer makes a payment to Provider of a sufficient amount to cover the negative balance; or (v) pursue any remedies Provider may have at law or in equity. Furthermore, if the amount represented by the Transactions in any day is negative due to refunds/customer credits being submitted by Customer in excess of Customer’s sales, Customer is required to provide Provider with sufficient funds prior to the submission of the Transactions so as to prevent the occurrence of a negative balance. 1.10 Delinquency/Customer Fraud. If (i) there is a material, adverse change in Customer’s financial cond ition or payment record with creditors, or if Customer is in material default of this Agreement; (ii) Customer is receiving excessive Chargebacks or ECP Returns; (iii) Customer significantly alters the nature of Customer’s business or product lines; or (iv) if Provider has reasonable grounds to believe that Provider or Payment Processor may be liable to third parties for the provisional credit extended to Customer, or that Customer may be liable to its Purchasers, Card issuing banks, NACHA or the Associatio ns, Provider may temporarily suspend payments to Customer (or direct Payment Processor to temporarily suspend payments to Customer), during an investigation of the issue and/or designate an amount of funds that Provider must maintain in order to protect Provider against the risk of existing or anticipated Chargebacks or ECP Returns and to satisfy Customer’s other obligations under this Agreement (the “Reserve Account”), which may be funded in the same manner as provided for negative balances in Section 1.9. The Reserve Account will contain sufficient funds to cover any unbilled processing costs plus Provider’s estimated exposure based on reasonable criteria for Chargebacks/ECP Returns, returns and unshipped merch andise and/or unfulfilled services. Provider may apply funds in the Reserve Account toward, and may set off any funds that would otherwise be payable to the Customer’s Accounts against, the satisfaction of any amounts which are or become due from Customer pursuant to this Agreement. The Reserve Account will not bear interest, and Customer will have no right or interest in the funds in the Reserve Account; provided that upon satisfaction of all of Customer’s obligations under this Agreement, Provider will pa y (or direct Payment Processor to pay) to Customer any funds then remaining in the Reserve Account. Any funds in the Reserve Account may be commingled with other funds, and need not be maintained in a separate account. Effective upon the establishment of a Reserve Account, Customer irrevocably grants to Provider a security interest in any and all funds, together with the proceeds thereof, that may at any time be in Provider or Payment Processor’s possession and would otherwise be payable to Customer pursuant to the terms of this Agreement. Customer agrees to execute and deliver to Provider such instruments and documents that Provider may reasonably request to perfect and confirm the security interest and right of setoff set forth in this Agreement. Customer’s obligations and Provider’s rights under this Section survive termination of this Agreement. 1.11 Response to Retrieval Requests. Provider will send Customer any request for information by a Purchaser, Card issuer or financial institution relating to a clai m or complaint concerning a sale Customer has made (“Retrieval Request”), that Provider cannot satisfy with the information Provider has on file concerning such sale. In response, Customer must provide Provider in writing by certified or overnight mail or by confirmed fax (or by other means as agreed by Provider) the resolution of Customer’s investigation of such Retrieval Request and include legible copies of any documentation required by the Retrieval Request within seven business days after Provider sends it to Customer (or such shorter time as the NACHA or Association Rules may require and of which Provider notifies Customer). Once Provider receives Customer’s response, Provider will take the appropriate steps in a timely manner to reduce the probabili ty of the Purchaser’s bank sending an unjustified Chargeback or ECP Return. Customer acknowledges that Customer’s failure to fulfill a Retrieval Request in accordance with NACHA or Association Rules may result in an irreversible ECP Return or Chargeback. 1.12 Chargebacks and ECP Returns. If Provider determines that the Customer is receiving an excessive amount of Chargebacks or ECP Returns, in addition to Provider’s other remedies under this Agreement, Provider may take the following actions: (1) review Customer’s internal procedures relating to acceptance of Cards or ECP Transactions, as applicable, and notify Customer of new procedures Customer should adopt in order to avoid future Chargebacks or ECP Returns, as applicable; (2) notify Customer of a new rate KUBRA ENTERPRISE SERVICES AGREEMENT 42 Provider will charge Customer to process Customer’s Chargebacks or ECP Returns; or (3) collect from Customer (pursuant to Section 1.10) an amount reasonably determined by Provider to be sufficient to cover anticipated Chargebacks or ECP Returns and related fees and fines; or (4) terminate all payment processing services under this Agreement. For purposes of this Agreement, an excessive number of Chargebacks means one Chargeback per 100 Transaction records or the total dollar amount of Chargebacks is greater than or equal to three (3%) percent of the total dollar amount of Transactions for any 30 -day period. The foregoing percentages are subject to change in accordance with the Association Rules. Customer also agrees to pay any and all Association or NACHA fees and fines assessed against Customer, Provider or Payment Processor relating to Customer’s violation of this Agreement, the Association Rules or NACHA rules with respect to Customer’s Transactions or with re spect to excessive Chargebacks or ECP Returns under this Section. 1.13 Claims of Purchasers. Customer has full liability if any Transactions for which Provider has given (or directed Payment Processor to give) the Customer Accounts provisional credit is the subject of a Chargeback or ECP Return. Subsequently, Customer is allowed to resubmit applicable Transactions for a second presentation, but only in accordance with Association or NACHA Rules, as applicable. To the extent that Provider or Payment Processor has paid or may be called upon to pay a Chargeback, ECP Return or refund/adjustment for or on the account of a Purchaser and Customer does not reimburse Provider as provided in this Agreement, then for the purpose of Provider obtaining reimbursement of such sums paid or anticipated to be paid, Provider has all of the rights and remedies of such Purchaser under applicable federal, state or local law and Customer authorizes Provider to assert any and all such claims in Provider’s own name for and on behalf of any such Purchaser individually or all such Purchasers as a class. 1.14 Card Advertising. Wherever Customer accepts Cards, Customer will inform the public of the Cards that it honours. However, Customer may not indicate that any of the Associations endorses its goods or services. 1.15 Price Changes. To the extent Customer’s actual volume of Transactions, method of processing, type of business and interchange qualification criteria differ from the information provided to Provider and/or Payment Processor, Provider may modify the pricing for the payment processing Services with 60 days' prior written notice. In addition, by giving written notice to Customer, Provider may change Customer’s fees, charges and discounts resulting from (i) changes in Association fees (such as interchange, assessments and other charges) or (ii) changes in pricing by any third party provider of a product or service used by Customer. Such new prices will be applicable to Customer as of the effective date established by the Association or third party provider, or as of any later date specified in Provider’s notice to Customer. 1.16 Termination. Provider may terminate this Agreement if an Association or NACHA notifies Provider that it is unwilling to continue accepting Customer’s Transactions. Provi der may also terminate this Agreement at any time upon written notice to Customer as a result of any of the following events: (i) any non -compliance with this Agreement, the Association Rules, NACHA Rules or the Operating Procedures, which is not cured within thirty (30) days of Provider’s notice to Customer; except that no cure period is allowed for termination based on Customer’s fraud or failure to fund a Reserve Account; (ii) Provider reasonably deems Customer to be financially insecure, (iii) Customer or any person owning or controlling Customer's business is or becomes listed in the MATCH file (Member Alert to Control High -Risk Merchants) maintained by Visa and MasterCard or any Association or NACHA notifies Provider or Payment Processor that it is n o longer willing to accept Customer’s Transactions, or (iv) for a period of more than 60 consecutive days, Customer does not transmit Transactions to Provider. Upon notice of any termination of this Agreement, Provider may notify Customer of the estimated aggregate dollar amount of Chargebacks, ECP Returns and other obligations and liabilities that Provider reasonably anticipates subsequent to termination, and Customer agrees to immediately deposit such amount, or Provider (or Payment Processor) may withho ld such amounts from Customer’s credits, in order to establish a Reserve Account pursuant to and governed by the terms and conditions of Section 1.10. 1.17 Indemnification. The indemnity provided under this Section 1.17 shall survive the termination of this Agreement. Customer agrees to indemnify Provider and its affiliates, officers, directors, employees, agents, the Associations and NACHA, from any losses, liabilities, and damages of any and every kind (including, without limitation, any costs, expenses and reasonable attorneys’ fees) arising out of any claim, complaint, KUBRA ENTERPRISE SERVICES AGREEMENT 43 Chargeback or ECP Return: (i) made or claimed by a Purchaser with respect to any Transactions submit ted by Customer, or (ii) caused by Customer’s non-compliance with this Agreement, the Association Rules or NACHA Rules, including any breach of a representation or warranty made by Customer, or (iii) any voluntary or involuntary bankruptcy or insolvency proceeding by or against Customer. The indemnification provided for in this Section does not apply to any claim or complaint to the extent it is caused by Provider’s own negligence or willful misconduct. 1.18 Disclosure of Purchaser Information. Customer shall exercise reasonable care to prevent disclosure of Card information or Purchaser account information, other than to Customer’s employees, agents and contractors for the purpose of assisting Customer in completing a Transaction, or to the applicable Association or NACHA, or as specifically required by law. If at any time Customer determines that Card account or bank account number information has been compromised, Customer will notify Provider immediately and assist in providing notification to the proper parties as Provider deems necessary. 1.19 Additional Financial Information. To the extent not available from public sources, both parties agree to furnish within ten (10) business days of request (i) their most recently prepared financial statements and credit information or (ii) if applicable, their three most recent filings with the SEC or any other securities commission in respect of which party must file financial disclosure documents. 1.20 Other Information. With prior notice and during Customer’s normal busin ess hours, a Provider or Payment Processor duly authorized representative may visit Customer’s business premises and may examine only that part of Customer’s books and records that pertain to Transactio ns. Customer agrees to provide Provider at least twenty (20) days' prior written notice of Customer’s intent to change its product line or services, or Customer’s trade name, or the manner in which Customer accepts Cards or ECP Transactions. If Provider determines such a change is material to the relationship between Provider and Customer, Provider may refuse to process Transactions made pursuant to the change. Both parties agree to provide other party with prompt written notice if party is the subject of any voluntary or involuntary bankruptcy or insolvency petition or proceeding. 1.21 Application and Credit Check. All statements made on Customer’s application for payment processing Services are true as of the date of Customer’s application. Customer’s signature on this Agreement authorizes Provider and/or Payment Processor to perform any credit check deemed necessary. 1.22 Payment Processing Guidelines. Customer agrees to execute the Submitter Merchant Agreement with Chase Paymentech. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3573 Agenda Date: 6/14/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Appoint Thomas Hinson, Jr. as the business owner or representative and Laura Canary as the agency or government representative to the Brownfields Advisory Board with terms expiring June 30, 2021. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Brownfields Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: ** MEMBERS: 9 CHAIRPERSON: Ryley Jeanne Marchion - Chair MEETING DATE: As Called PLACE: Determined when called APPTS. NEEDED: 2 STAFF LIAISON: Diane Hufford SPECIAL QUALIFICATIONS: ** Three members will be Clearwater residents who live within or adjacent to the Brownfields Area; Three members will be owners or representatives of businesses operating in the Brownfields area and need not be residents of Clearwater; Three members will be representatives of federal or state agencies or local governments involved with the Brownfields remediation process within Pinellas County and need not be Clearwater residents THE FOLLOWING ADVISORY BOARD MEMBER’S TERMS HAVE EXPIRED AND NOW REQUIRE REPLACEMENT BY A NEW APPOINTEE: 1. David Lawrence Jaye - 2856 Shady Oak Court, 33761 - Investor/Real Estate Original Appointment: 5/5/05 (serving 3rd term through 5/31/17) (Business Owner or Rep.) Page 1 City of Clearwater Printed on 6/13/2017 File Number: ID#17-3573 2. Ryley Jeanne Marchion - 10275 62nd Cir. N., Seminole, FL 33772 - Environmental Specialist Original Appointment: 5/5/05 (was serving 3rd term until 5/31/17) (Agency or Government Rep.) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Thomas Hinson, Jr. - 1426 Fairmont St., 33755 - Self Employ/Business Adm. (Business Owner or Rep.) 2. Laura Canary - 1985 Hyvue Dr., 33763 - CRA Coord./City of Clearwater (Agency or Government Rep.) Zip codes of current members: 3 at 33755 2 at 33756 1 at 33767 1 at 33773 Current Categories: 2 Agency or Government rep. 2 Business Owner or rep. 3 Residents Page 2 City of Clearwater Printed on 6/13/2017 CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARD Name: M /4-S /A/56 I1 i Home Address: Office Address: 07‘ c /R/00/1/ ' 3 -iYr / Dl /1/ LK r 4 Zip ett r , Gf V 1 4 4 Zip Y75 (my-Iva rrs evi Telephone: 7Q27- c4-55-747 Telephone: Z27- 4 7 - 'L' c 75 How long a resident of Clearwater? 2itcv-5 Occupation: 61,;"%r Field of Education: j,r7 jOL'rk/ 17kv'A/e. t If retired, former occupation: 10/ V Community Activities: Alley Other Interests: Board Service (current and past): l(A. e Sons /7w a#J &wee 6hiev Employer: Other Work Experience: Board Preference: Additional Com • °n =s: Signe Category Applying For: Agency involved in Brownfields redevelopment Business Owner ( must own a business within the Designated Brownfield Area) Resident (must be a resident within or adjacent to the Designated Brownfield Area) Date: /e,f4©/ 7 Please return this application and board questionnaire to the Official Records & Legislative Services Department, P.O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. RECEIVED MAY 18 2017 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 0 Pie to rdt /Nkol44 ipi.. t1 Jtv4 7/ C i7/ k wC .icy'' "rep h 7 n7e Ae4s ) t 4.c AkSe d'e4. / reta ye Iloveff 1r'eq A 4 OrAflo ico 1 /, s;74 1(t', 44I 11- gybe '.t f1 Af,;-6 D e4 -rs( ,' , Afod/ /1 Arecif), </ 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? //O 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? ,/ J a'', a Z' wor r» ij 'e & / > I- rS 4A_4 47A/ mex 2 -7,6,-.„e4), Ro T"`,e /3006.5 it l le09 ita / A/5-6 4 .5114A // ittS;AefS O h1Ner 4. Why do you want to serve on this Board? 4,./ 1,444 74 e YA,ia a pa'5 44-7— 4ve L' 3tJ )L1/, 4 Gc h iek e 1-6-4 re 40 1eic i3O (1-.i) / 7 5 ekV/r D. p. Name: Board Name: Name: Laura Canary Home Address: 1985 Hyvue Dr. CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARD Office Address: 112 S. Osceola Ave. Clearwater Zip 33763 Clearwater, FL Zip 33763 Telephone: (727) 272 -0212 Telephone: (727) 562 -4024 How long a resident of Clearwater? 36 years Occupation: Community Redevelopment Coordinator Employer: City of Clearwater Field of Education: Public Administration Mass Communications If retired, former occupation: Community Activities: Other Work Experience: Other Interests: Board Service (current and past): Board Preference: Keep Pinellas Beautiful Additional C mments: Signed: OTav c, _ C Date: 5/5/r) gCategoryApplying For: X ) Agency involved in Brownfields redevelopment Business Owner ( must own a business within the Designated Brownfield Area) Resident (must be a resident within or adjacent to the Designated Brownfield Area) Please return this application and board questionnaire to the Official Records & Legislative Services Department, P.O. Box 4748, Clearwater, FL 33758 -4748, or drop off your applicaon`at`City Hall, 2nd Floor, 112 S. Osceola Avenue. MAY 0 5 2017 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To assist and provide recommendations with regard to the City's Brownfield program. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes, I used to direct/broadcast the televised meetings. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I've been with the city for 13 years and have a good knowledge of various city operations and programs. I currently work in the Community Redevelopment Agency which has been a concentrated area for Brownfield projects. 4. Why do you want to serve on this Board? I would like to learn more about Brownfields and hopefully how to leverage funding to develop future programs that will be beneficial to the city. Name: chat v v2, Board Name: r- B(OLOnVi.da% AA0SOCLI Dcyla Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3576 Agenda Date: 6/14/2017 Status: Consent AgendaVersion: 2 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Appoint Rosemarie Kibitlewski to the Library Board with a term to expire June 30, 2021. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Library Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required STAFF LIAISON: Library Director RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Paul F. Brown MEETING DATES: Quarterly PLACE: Main Library APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: 1. Rosemarie Kibitlewski - 1506 West Virginia Lane, 33759 - Retired/Dir. of Foundation Original Appointment: 11/6/14 (2 absences in the last year) (currently filling unexpired term until 6/30/17) Interested in Reappointment: Yes THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Donna M. Dennis - 223 Island Way #4B, 33767 - Retired/Teacher 2. Kelly McLeay - 1545 Drew St., 33755 - Nurse Manager Page 1 City of Clearwater Printed on 6/13/2017 File Number: ID#17-3576 Zip codes of current members on board: 3 at 33756 1 at 33759 1 at 33763 1 at 33765 1 at 33767 Page 2 City of Clearwater Printed on 6/13/2017 Name: Home Address: RECEIVED SEP 2 4 2014 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT Ck/i,6izt Zip3 Telephone: 1011 -Tq'2 Q A/5 How long a resident of Clearwater? Occupation: Field of Education: Office Address: Vki Zip Telephone: 35 ci4ciA.G.) 4mployer: OtherWork Experience: i 11- ru1ti.012) - ezczawa Z1 10 If retired, former occupation: Z icL 'JJLL Community Activities: Jiti.briele&fpx, Att4d4ozzlhidtee,a4d Other Interests: Board Service (current and p:st): Addi •nal Comments: F, i 6 Signe oard Preference: Date: a? S; 07-a/-9 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? JA2a:/44 ii 1 %i,, awl/ec t 01 /it tiP Gatos 2. ave you ev erve a board meeting either in person or on C -View, the City's TV station? 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? ha% I/ /1 • !.. / /ice Why do you want to serve on this Board? r. 2 ef a M A g 64, afr Name Board Name: ped,, CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: / i+Aht/; Home Address: ZZ3Xs 2--4 JiJj -51S G 7r— zip 33767 Telephone: 7Z 7-W7- ,-5 Cell Phone: 3/.5— 9 3 -Z-575-47 Office Address: Zip Telephone: /"_ Email Address: 41 171j%S _S3Os GDj j~, How long a resident of Clearwater? /3 j' = s.s Occupation: 7i --b Field of Education: 3 0 Y's Employer: A/O,A/Ls Other Work Experience: C' -V3 /7 2. YS If retired, former occupation: Community Activities: Ci (' 2- et& tatAi -n - 0.7r'z6iis Y Other Interests: /i(1. Board Service (current and past): i u6 - -7 MYPa Board Preference: froNE- c/7," c-z cv, 2./13/WY Additional Comments: tom JP 'L/.. Signature Date: 3 /q/ / See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits DECEIVEDValidcurrentFloridaDrivers' License issued to an address within city Iimi Declaration of Domicile filed with the city clerk affirming residency within city NAR limits 1 0 2917 OFFICIAL RECORDS ANDLEGISLATIVESRVCSDEPT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 7145 9z/9 6 -7/e-- 4/15-44‹ Y ® ©S V%7 fZf T/fwS %4Z l [/ 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? W55/ ©, v 7y) /Ty e ptve,z -- /,/ 40004,(i 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? 0/7 `" , > i .,tic1h/ iStt(4 77DA) 52,Yes ,is xdL im .SLAV w/ U-1)6 A, 2 7- 4. Why do you want to serve on this Board? s /I rr ®, ,v)00t) 77617 ®r ye /1/B2_.Lc- 0 A- Cam/ RJ r/- tw - Oa,- rw.)- / /u 7y- Board Name: 1 /7Tey CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: Home Address: 61S- ,O v e t(/ S Cie a, red Zip 331 SS Telephone: 7,)---7- L1 / - 8 d-1.2 Cell Phone: ;--) -)/ U 3 How long a resident of Clearwater? . 5 Office Address: CA P 3(Jv P he_( /as S e lea Zip 33 76-4 Telephone: _7 _7- /- 7L1 Email Address: fee /l3 tnc/eay 39ajckrc y yea rs Occupation: j//c (S-e //i) Employer: /lo'e A' P/a,,.• Ret. e'ic, c Field of Education: Other Work Experience: 1/24 -furl n 0671 I /i i Sd-c a I Jh N /fJ If retired, former occupation: //Jig Community Activities: 74211 cn Ca y, /9 Ss'd v (i;717-6 a,/ C.r c .Vic /sc5 .(4,9 -CN J /7% /-er f . (C c: /, s C'1 7 G. ' //for, 4,t, -o? 9 c /-0 c ii- j 9,,e .0-,L Board Service (current and past): Board Preference: Additional Comments: /6t. S-71- fiidfitf ' Cu /T em / Bcv'd i?) e".. -1 r,- , q4 e , cam--/ Jk/) . Signature: 12 A/k,_,T4 Date: '— /d /V7 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accit ' f / J copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits MAR 10 2017 Declaration of Domicile filed with the city clerk affirming residency within city limits OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT. BOARD QUESTIONNAIRE 1. TWhat is your understanding of the board's duties and responsibilities? v 'h slti!`r p //e--,- 5 /pf5/cIsC c I Gi vd i e e c's )/7'>le e At' 61}-121/1-'s" - C e/e.4 /A4jec if) M ;/) d 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? 2" a (,. , 7L ^ o/) /) ;h 0, 9r e ss im 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? a A/K rs--e, Ma jti c v r Ver 14/30-k) A a w 74, W i lk W/ Gil -r /t L %wv c /22 b / s die " /' e Act I/ 4J pa 45-' 71 ,pr {Sid f 661, rren .d did /.n ey,, ,6 off" /i) (-4,e la - ss 41 al 675aJ ; 2 0-'47)-1 -/9"6 e 4.frh ct 74 fry fit Yi { j -,{r A/0 (79,r . l . Gva.rs< g,,cu, Ave 4. Why do you want to serve on this Board? Z 'Gt l/` /c- ,42 h- art )`n V v /V-c / GJJ Z Oar , 6(a y i 5 afr] ire off' r hie r Name: Board Name: l r .c' yam ,e Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3616 Agenda Date: 6/14/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Appoint Ronald D. Mason to the Airpark Advisory Board with a term to expire April 30, 2021. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Airpark Advisory Board TERM: 4 Years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 5 CHAIRPERSON: Denise L. Rosenberger MEETING DATES: Quarterly (1st Wed.) - Feb., May, Aug., Nov. PLACE: Chambers - 3 p.m. APPOINTMENTS NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER ENDED HIS SECOND TERM WHICH EXPIRED ON APRIL 4, 2017 AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1.Thomas D. Black - 2855 Gulf to Bay Blvd., Apt. 1104, 33759 - USAFR/Aviation Industry Original Appointment: 03/05/09 (was serving 2nd term until 04/04/17) THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1.Ronald D. Mason - 406 Feather Tree Drive, 33765 Semi-retired/Environmental Health and Safety Specialist Zip codes of current members on board: 2 - 33755 1 - 33765 Page 1 City of Clearwater Printed on 6/13/2017 File Number: ID#17-3616 1 - 33767 Page 2 City of Clearwater Printed on 6/13/2017 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: oi ki-i) b. Mks viV Home Address: Office Address: r ate TVee D4ve__ L r004'LitA-wie__ Zip 33--A5-- Zip Telephone: a -7 / V [ Telephone: Cell Phone:(f ) 73c 7'2 q6 Email Address: How long a resident of Clearwater? /7 Ma ,14S Occupation:.76 — `1--/-132--60 Employer: Field of Education: Other Work Experience: y Athof A-R.14 to, tm& If retired, former occupation: g /$C0/t%/'1 /lil ry '6`Cci I1 ,v- /rr` Community Activities: J. kAM)//41 A/7 G Z O ti p " /' L 4 C' 4 [ 1 /1-61410614.(y —26,7/L Other I terests: Board Service (current and past): Board Preference: Or mti 0141/4 iId-A/& ANO Additional Comments: Comments: Date: ` /2-z See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits r Valid current Florida Drivers' License issued to an address within city limits E E Declaration of Domicile filed with the city clerk affirming residency within city limits MAY 242017 OFFICIAL RECORDS AND LEGISLATIVE S VCS L'E'T. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 84YSU47- f AVE 4/ICS 41744) )41m-S 17-I14-1' 1.ne- /i4 ,,W,AT /owJ 11444(,140. z- *1014C_ C4fj 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? A/ /zfri4-s 1?.v 1") 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? ic 'fir/g4 ,r0 04/X- 8 OG Gay ,k GO 1162/1/1"W krr 5A-r pi/ Yhe>r) I 73'sopii fileehilvyf phi AA" l -b 4. Why do you want to serve on this Board? 710V F . //(e D //My My /Yr, /Igd 00 4114 Rd/61ei . T I p o .till A-ivo 4a7-8 L// - C/gliait c , Name:T0 n Y A3'/^.) Board Name: A/ 1 ' I ) / * D Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3609 Agenda Date: 6/14/2017 Status: Consent AgendaVersion: 2 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Designate Mayor George N. Cretekos to serve as the City’s official voting delegate at the Florida League of Cities’ Annual Conference, August 17-19, 2017. (consent) SUMMARY: The Florida League of Cities’ Annual Conference will be held at the World Center Marriott, Orlando, Florida on August 17-19. The League is asking each municipality to designate one official to be the voting delegate at the Annual Business Session on Saturday, August 19 at 9:00 a.m. Election of League leadership and adoption of resolutions are undertaken at the business meeting. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 6/13/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3523 Agenda Date: 6/14/2017 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Declare surplus for the purpose of a land swap, three parcels of certain real property in Section 16, Township 29 South, Range 15 East, formerly used respectively as right-of-way, a meeting facility as a part of old Fire Station 45, and a parking lot consisting of 9 parking spaces adjacent to the North Garden Avenue Parking Garage; exchange the three surplus lots for a strategic parcel in the downtown, which is of greater value, by the Church of Scientology Flag Service Organization, Inc. (COS) and authorize the appropriate officials to execute same. SUMMARY: The City is the owner of three parcels of land more particularly described as: ·600 Franklin Street - The South 60’ of Lot 1, Block 7, Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla, Plat Book 1, Page 52, Public Records of Hillsborough County, of which Pinellas County was formerly a part. ·Dedicated Right-of-Way - a portion of Lot 34 and a portion of the vacated Haven Street, Court Square Subdivision, Plat Book 5, Page 53, Public Records of Pinellas County, Florida. ·The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. The Right-of-Way parcel is located on the north side of Court Street, in-between S Garden Avenue and S Fort Harrison Avenue, and contains right-of-way dedicated as Haven Street by plat and right-of-way dedicated by ordinance over city-owned property. The Haven Street portion of the Right-of-way parcel was dedicated by plat in Plat Book 5, Page 53, Official Records of Pinellas County, Florida in 1922, and will join the adjacent fee-owned lots by operation of law upon vacation. The right-of-way dedicated over city-owned Lots 34 and 45 of Court Square Subdivision by Resolution No. 79-50 in Official Records Book 4867, Page 1478, will remain in city ownership to be conveyed as part of the swap. Following the vacation of the Right-of-way parcel, the remaining city-owned property will be approximately 4,750 S.F. The appraised value of said land has been determined by James Millspaugh & Associates, Inc, to be $200,000. The second city-owned parcel is located at 600 Franklin Street, and formerly housed a building that was used as a fire hall meeting/headquarters for Clearwater Fire Department as a part of old Fire Station 45. The property is approximately 3,660 S.F. and the appraised value of the parcel has been determined by James Millspaugh & Associates, Inc, to be $155,000. The third parcel is located at 28 North Garden Avenue and is known as the City of Clearwater’s North Garden Avenue Parking Lot. This lot abuts Watterson Avenue to the west, Page 1 City of Clearwater Printed on 6/13/2017 File Number: ID#17-3523 and is in between Cleveland Street and Hendricks Street. This parking lot is roughly 4,500 S.F. and includes 9 parking spaces, open to the public. The rate at this lot is $0.50 an hour with a maximum time limit of 2 hours. The appraised value of this property, as determined by James Millspaugh & Associates, Inc, is $70,000. The property owned by COS, to be exchanged to the city is a paved parking lot in disrepair at the southwest corner of Martin Luther King Jr Avenue and Cleveland Street, Parcel ID# 15-29-15-53928-0005-0011. The COS parcel is currently owned by 1133 Cleveland Properties, LLC. The Church of Scientology Flag Services Organization, Inc. is under contract to purchase this property as a pre-requisite to the land swap. The appraised value of this property, as determined by James Millspaugh & Associates, Inc, is $600,000. With the Nolen apartment complex and accompanying amenities in the finishing stages, the COS property is a strategic parcel that will provide parking in the immediate area. Per City Charter Section 2.01(d)(5)(iv), real property declared surplus may be exchanged for other real property having a comparable appraised value. Page 2 City of Clearwater Printed on 6/13/2017 COURT ST LAURA ST PARK ST CLEVELAND ST PIERCE ST S EAST AVEFRANKLIN ST S MYRTLE AVE S PROSPECT AVE EWING AVE S FORT HARRISON AVE S MARTIN LUTHER KING, JR. AVE N EAST AVEBOOTH AVE S GARDEN AVE N MYRTLE AVE N GARDEN AVE WATTERSON AVE PADUA LN N FORT HARRISON AVE MARKLEY ST NPROSPECTAVENATHANS LN PARK ST PIERCE ST S GARDEN AVE JB TM 286B 16-29s-15e 05/04/17Map Gen By:Reviewed By: S-T-R:Grid #: Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Property Swap Locations andAppraised Value Comparison Church of Scientology SiteAppraised Value: $600,000 ² N.T.S.Scale: Document Path: S:\ENV\Jim Benwell\GIS\Prop Swap with Church Values.mxd Parking Lot #4Appraised Value: $70,000 600 Franklin StAppraised Value: $155,000 Platted and Dedicated Right-of-WayAppraised Value: $200,000 3 Properties to b e Swapped by City Total: $42 5,000Property to b e Swapped by Church of Scientology: $6 00,00 0Difference in Tota l: $175,000 55 50 203050 1 2 34 41/0233055 50 55(S)5035 3550 8070 6028 17 35 15 15 55 35 44 355035606059.5303052(S)3512121155(S)1550 23814 59580 32292 32292 32274 16528 * 85185 A B 1 2 6 5 7 17 18 20134 1 2 3 4 5 6 7 8 9 10 7 6 5 1 2 3 4 5 6 7 10 9 8 7 6 5 4 3 2 1 18 17 16 15 14 1 2 3 4 5 6 7 8 1 2 3 4 9 10 11 13 3 4 5 6 13 14 15 16 17 18 3 2 1 12 13 14 6 5 123456734 14131211109821 91011 1 2 3 4 5 6 7 8 4 3 2 1 23 22 21 20 1 3 4 9 2 8 12 1 2 3 1 7 12/01 12/03 12/0 2 11/01 11/03 12/10 A C 2 1 2 12 1 Garden Avenue Garage(City Owned) 24 46 34 28 33 512606124 530612628505615534515515101 527120 601600531100 619432-ENE 1/4 of 16-29-15 286B SE 1/4 of 9-29-15 277B DREW ST PARK ST CLEVELAND ST N GARDEN AVE HENDRICKS ST WATTERSON AVE LAURA ST N FORT HARRISON AVE S GARDEN AVE ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM TM N.T.S.286B 16-29s-15e05/09/2017Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: PART OF PARCEL ID 16-29-15-32274-005-0012,GARDEN AVENUE GARAGE28 N GARDEN AVE Path: V:\GIS\_Staff\Chris\Projects\City\Garden Ave Garage Parcel\GIS Map\GardenAvenueGarageParcel.mxd City Portion to be Swapped in Property Exchange The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records ofHillsborough County, Florida, of which Pinellas County was formerly a part. Hatc hed area further describe d as: THIS IS NOT A SURVEY Court Square Plat Book 5, Page 53 Platted and Dedicated Right of Way to be Declared Surplus Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9049-17 Agenda Date: 6/14/2017 Status: Public HearingVersion: 3 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the request from City of Clearwater staff to vacate a portion of Public Right-of-Way of Haven Street and real property dedicated as Right-of-Way in Official Records 4867, Page 1478; pass Ordinance 9049-17 on first reading and authorize the appropriate officials to execute same. (VAC2017-07) SUMMARY: As a pre-requisite to a land swap between the City of Clearwater and the Church of Scientology Flag Service Organization, Inc. (COS), it is necessary to vacate Haven Street and real property that was dedicated as Right-of-Way in Official Records 4867, Page 1478. This land swap, which is outlined in more depth in the contract’s agenda item, will exchange three city owned and surplus properties for a strategic property owned by the COS. In order to support existing utilities, the City will retain a blanket general utility, drainage and gas easement over the entire premises to be vacated. Easements will need to be retained by private utility companies, to sustain their current utilities, as well. All city departments have reviewed this vacation and have no objection. Page 1 City of Clearwater Printed on 6/13/2017 ORDINANCE NO. 9049-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PUBLIC RIGHT-OF-WAY DESCRIBED AS THAT CERTAIN PORTION OF HAVEN STREET RIGHT-OF-WAY OF COURT SQUARE, AS RECORDED IN PLAT BOOK 5, PAGE 53 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF CERTAIN REAL PROPERTY DEDICATED AS RIGHT-OF-WAY IN RESOLUTION NO. 79-50 OF THE CITY OF CLEARWATER, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 4887, PAGE 1478 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BOTH BEING BOUND BY FRANKLIN STREET TO THE NORTH, SOUTH GARDEN AVENUE TO THE EAST, COURT STREET TO THE SOUTH, AND SOUTH FORT HARRISON AVENUE TO THE WEST; SUBJECT TO A BLANKET GENERAL UTILITY, DRAINAGE AND GAS EASEMENT TO BE RESERVED OVER THE ENTIRE RIGHT-OF-WAY TO BE VACATED HEREIN; SUBJECT TO THE GRANTING OF CERTAIN PRIVATE UTILITY EASEMENTS AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property adjoining the right-of-way described and depicted in Exhibit “A” attached hereto (“Platted Right-of-way”), has requested that the City vacate said right-of-way; and WHEREAS, the City, as owner in fee title of real property described and depicted in Exhibit “B” attached hereto (“Dedicated Right-of-way”), which is adjacent to the property described in Exhibit “A” and which was dedicated as right-of-way by Resolution 79-50 of the City of Clearwater, Florida, finds it appropriate to vacate said right-of-way; and WHEREAS, the Platted Right-of-way and Dedicated Right-of-way shall be referred to collectively herein as “Entire Right-of-way” (Exhibit “C”); and WHEREAS, the City Council of the City of Clearwater, Florida finds that said right- of-way is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, [GM17-9216-055/203221/1] 1 Ord. No. 9049-17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A right-of-way vacation described as follows: That certain portion of Platted Right-of-way of Haven Street as more particularly described in Exhibit “A” (attached hereto and incorporated herein) and that certain portion of Dedicated Right-of-way as more particularly described in Exhibit “B” (attached hereto and incorporated herein) are hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon the following conditions precedent: 1.The declaration as surplus of the City-owned portions of the real property described in Exhibits “A” and “B” in accordance with the City of Clearwater Code of Ordinances and City policies and procedures; and 2. Clearwater City Council approval of that certain Contract For Exchange of Real Property (as more particularly described and set forth in full in Exhibit “D” attached hereto and incorporated herein) and closing on, and conveyance of, the property as contemplated therein; and 3.The City hereby reserves and retains a Blanket Utility, Drainage and Gas Easement over the Entire Right-of-way vacated parcel for the installation, maintenance and replacement of any and all utilities thereon by the City of Clearwater and for ingress and egress across the entire parcel for said purposes; and 4.As a pre-requisite to the vacation becoming effective, all property owners abutting the Entire Right-of-way vacated hereby shall grant easements to Duke Energy Florida, Inc. (doing business as “Duke Energy”), Bright House Networks, LLC, Verizon Florida, Inc., and Knology of Central Florida (doing business as WOW!), as requested by each entity, the location and terms of which are acceptable to the respective utility providers. This vacation ordinance shall be null and void if this condition is not met within forty-five (45) calendar says from the adoption of this ordinance. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. [GM17-9216-055/203221/1] 2 Ord. No. 9049-17 PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk [GM17-9216-055/203221/1] 3 Ord. No. 9049-17 Court Square Plat Book 5, Page 53 Court Square Plat Book 5, Page 53 Court Square Plat Book 5, Page 53 [GM17-9216-055/203560/1] Page 1 of 15 CONTRACT FOR EXCHANGE OF REAL PROPERTY THIS CONTRACT FOR EXCHANGE OF REAL PROPERTY is made on _______________, 2017 (“Effective Date”), by and between the CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not for profit corporation (herein “COS”), of 503 Cleveland Street, Clearwater, Florida 33755, and the CITY OF CLEARWATER, FLORIDA, a Municipal corporation of the State of Florida (herein "City") of P.O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: William B. Horne, II, City Manager, (collectively "Parties") hereby agree that the Parties shall exchange the following real property ("Real Property") (CITY’s Property and COS’s Property, as defined below, is sometimes collectively referred to as "Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION LEGAL DESCRIPTION: Property to be conveyed by COS to CITY consists of a certain parcel of real property as described on Exhibit “A” attached hereto and made part hereof (“COS Property”). Property to be conveyed by CITY to COS consists of three certain parcels of real property as described on Exhibit “B” attached hereto and made part hereof (“CITY Property”). 2. FULL PURCHASE PRICE: This Agreement is for an exchange of Property as between the Parties and there is no additional consideration to be paid by either party at Closing. At the time of Closing, COS shall convey to City, pursuant to the terms herein, COS Property, and CITY shall convey to COS the City Property. The conveyance of the COS Property shall constitute full consideration for the conveyance of the City Property. The conveyance of the City Property shall constitute full consideration for the conveyance of the COS Property. 3. MANNER OF PAYMENT: CITY Property shall be conveyed to COS by Special Warranty Deed. COS Property shall be conveyed to City by Warranty Deed; and, closing costs shall be attributed to the Parties as provided for herein. 4. PURCHASE PRICE The Full Purchase Price is based upon appraisals of both the COS Property and the CITY Property by James M. Millspaugh & Associates dated October 3, 2016, February 17, 2017 respectively, as amended March 8, 2017, all of which are on file with the City Real Estate Department. [GM17-9216-055/203560/1] Page 2 of 15 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by COS, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Council ("Council"). If this agreement is accepted and approved by the Council, it will be executed by duly authorized City officials and delivered to COS within 10 days thereafter. If a counter-offer is approved by the Council, it shall be delivered to COS in writing within 10 days of such action by the City Council, and COS shall have 10 days thereafter to deliver to CITY, written notice of acceptance or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter- offer is rejected by COS, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Council upon initial presentation to the Council, this contract shall be null and void in all respects and COS shall be so informed in writing within 5 days of such action. Contingencies: The exchange proposed in this contract shall be contingent upon: (1) the declaration of the City Property as surplus in accordance with the City of Clearwater Code of Ordinances; (2) City Council approval of a vacating ordinance which vacates that certain portion of public right-of-way f/k/a and platted as Haven Street and a portion of right-of-way dedicated in Resolution 79-50 of the City of Clearwater, Florida (as more particularly described in Exhibit “C” attached hereto and incorporated herein) (Said vacation ordinance shall be conditioned upon, among other things, the Closing of the property exchange as contemplated herein and the granting of utility easements by COS to certain private utility companies); ; (3) the acquisition of the COS Property by the COS prior to Closing; and (4) the City being granted adequate access to the COS Property in accordance with the timeframes contemplated herein for purposes of conducting inspections and investigations, including environmental investigations, as provided for herein. Should COS or 1133 Cleveland Properties, LLC, as their interests may appear, fail to provide access to the City, this Contract shall be null and void in all respects with neither party having any further obligation to the other. 6. TITLE COS warrants that at the time of closing, COS shall have legal capacity to and shall convey marketable title to the COS Property by Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to CITY. Otherwise title shall be free of liens, easements and encumbrances of record or known to COS, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at cl osing no violation of the foregoing and none of them prevents CITY's intended use of the COS Property for downtown redevelopment purposes. COS warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. [GM17-9216-055/203560/1] Page 3 of 15 CITY warrants legal capacity to and shall convey marketable title to the CITY Property by Special Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to COS. Otherwise title shall be free of liens, easements and encumbrances of record or known to City, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents COS's intended use of the CITY Property for redevelopment purposes. CITY warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. CITY acknowledges that this transaction is part of a multi-property transaction involving a pre-requisite third-party conveyance of the COS Property to COS and COS shall obtain title to the “COS Property” simultaneous with this Closing, however, prior to the COS conveyance to the City as necessary for a valid, warranted conveyance of title to the City. 7. TITLE EVIDENCE Each party shall, at the expense of the party granting title and within 15 days prior to closing date, deliver to the other party, a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by CITY or COS as may be appropriate at or before closing for both the COS Property and the CITY Property, as their interests may appear. The parties shall convey marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. The other party shall have 5 days from receiving evidence of title to examine it. If title is found defective, the objecting party shall, within 3 days thereafter, notify the other party in writing specifying defect(s). If the defect(s) render title unmarketable, the granting party will have 120 days from receipt of notice within which to remove the defect(s), failing which the objecting party shall have the option of either accepting the title as it then is or withdrawing from this Contract. CITY or COS, as appropriate will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. 8. SURVEY The Parties, at their own expense, within time allowed to deliver evidence of title and to examine same, may have the CITY Property or COS Property surveyed (by COS or CITY, respectively) and certified to the other party and closing agent by a registered Florida land surveyor. If survey shows any encroachment on the respective parcel, or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may [GM17-9216-055/203560/1] Page 4 of 15 include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE [X] COS [ ] CITY shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before August 31, 2017 but in no case later than 120 days of the effective date, unless extended by other provisions of this contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Closing Agent, on behalf of COS, shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments for both conveyances. The appropriate parties shall deliver resolutions authorizing the sale and delivery of the deed and certifying the resolution and setting forth facts showing the conveyance conforms to the requirements of local law. 11. CLOSING EXPENSES Documentary stamps on the COS Property deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the COS. Documentary stamps on the CITY Property deed, unless this transaction is exempt under Chapter 201.24, Florida Statues, shall be paid by the COS. Each party shall also pay the costs of recording any corrective instruments required to insure marketable title of the property being conveyed by that party. Recordation costs of the deeds shall be paid by the respective grantee. 12. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Properties shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property from taxation as provided in Chapter 196, Florida Statutes (2016). If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held in trust for third parties in occupancy of the Properties shall be credited to the other party at time of closing. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by respective owner/seller. [GM17-9216-055/203560/1] Page 5 of 15 13. OCCUPANCY The parties warrant to one another that there are no parties in occupancy on the respective Properties, unless as otherwise disclosed herein. If Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 14. The Parties agree to deliver occupancy of the respective Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, the Party taking occupancy assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. LEASES The parties shall, not less than 15 days before closing, furnish to the other party copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If unable to obtain such letter from each tenant, the same information shall be furnished by the other party within that time period in the form of an affidavit, and the party may thereafter contact tenants to confirm such information. The granting party shall, at closing, deliver and assign all original leases to the other party and credit the parties with all advanced rents and security deposits paid by or on behalf of each tenant. 15. PROPERTY CONDITION The parties shall deliver the respective Properties to the respective grantee party at time of closing in their present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Neither party makes any warranty other than as is disclosed herein in Paragraph 22 (“WARRANTIES”) and marketability of title. Each Party’s covenant to exchange the respective Properties “as is” is more specifically represented in either subparagraph 1. a. or b. as marked [X]. a. [ ] As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present "as is" condition. [X ] As Is With Right of Inspection: Each Grantee may, at its expense and within 90 days following the Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property it is acquiring as it deems necessary to determine suitability for its intended use. The other Party shall grant reasonable access to the Property to said Grantee, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. [GM17-9216-055/203560/1] Page 6 of 15 Each Party will, upon reasonable notice, provide utilities services as may be required for Grantee’s inspections and investigations. Each Party shall not engage in any activity that could result in a mechanics lien being filed against the Property without respective Grantor’s prior written consent. Grantee may terminate this contract by written notice to the respective Grantor prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Grantee, unless the respective Grantor elects to repair or otherwise remedy such conditions to Grantee satisfaction; or Grantee, at its option, may elect to accept a credit at closing of the total for estimated repair costs as determined by a licensed general contractor of Grantee’s selection and expense. If this transaction does not close, grantee agrees, at Grantee expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. Access to the COS Property shall be granted to City as of the Effective Date of this Contract for purposes of conducting the inspections and investigations provided for herein pursuant to a separate right of access agreement between the City and 1133 Cleveland Properties, LLC. Should COS or 1133 Cleveland Properties, LLC fail to provide the City adequate access to the COS Property for investigations as provided for herein, this Contract shall be null and void in all respects with neither party having any further obligation to the other. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, the parties may conduct a final "walk-through" inspection of the Properties to determine compliance with any obligations under Paragraphs 8, 13 and 15 and to insure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 17. HOLD HARMLESS CITY is self-insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute, F.S. 768.28, agrees to indemnify and hold harmless COS from claims of injury to persons or property during the inspections and investigations described in Paragraph 15(b) resulting from CITY's own negligence only, or that of its employees or agents only, subject to the limits and restrictions of the sovereign immunity statute. COS agrees to indemnify and hold harmless the City from claims of injury to persons or property during the inspections and investigations described in Paragraph 15(b) resulting from COS own negligence, or that of its employees or agents only. 18. RISK OF LOSS If any of the property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the property so damaged, [GM17-9216-055/203560/1] Page 7 of 15 cost of restoration shall be an obligation of the grantor party and closing shall proceed pursuant to the terms of this contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, the respective Grantee shall have the option of either taking the Property "as is", together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. 19. PROCEEDS OF SALE; CLOSING PROCEDURE The deeds to the CITY Property and COS Properties shall be recorded upon delivery of all deeds and other required closing documents, and payment and clearance of funds payable for title insurance and other closing costs. Proceeds of sale shall be held in escrow by COS's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at the respective owner’s expense to show title in the other party, without any encumbrances or change which would render the property’s title unmarketable from the date of the last title evidence. If title is rendered unmarketable through no fault of the other party, the objecting party shall, within the 5 day period, notify the other party in writing of the defect and the non-objecting party shall have 30 days from the date of receipt of such notification to cure the defect. If the defect is not timely cured, all funds paid by or on behalf of the other party shall, upon written demand made and within 5 days after demand, be returned to the other party and simultaneously with such repayment, the property shall be reconveyed by the same type deed of the original conveyance. If the objecting party fails to make timely demand for refund and reconveyance of property, objecting party shall take title "as is", waiving all rights against the non-objecting party as to any intervening defect except as may be available to objecting party by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (2016), as amended. 20. DEFAULT If this transaction is not closed due to any default or failure on the part of the Grantor, other than to make the title marketable after diligent effort, the respective Grantee may seek specific performance or unilaterally cancel this agreement upon giving written notice to Grantor. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 21. RESPECTIVE GRANTOR WARRANTIES Respective Grantors warrant that there are no known facts that would materially effect the value of the Properties, or which would be detrimental to the Properties, or which would effect parties desire to exchange the properties except as follows: NONE The parties shall have the number of days granted in Paragraph 15(b) above ("Inspection Period") to investigate said matters as disclosed by the other party, and [GM17-9216-055/203560/1] Page 8 of 15 shall notify the granting party in writing regarding closing on this contract notwithstanding said matters, or whether the contract shall be cancelled. Failure to notify the other party within said time period, the respective Grantee shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. 22. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(5), Florida Statutes (2016), as amended, the parties is hereby informed as follows: 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. CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 24. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 25. ASSIGNABILITY; PERSONS BOUND This contract [X] is not assignable [ ] is assignable. The terms "CITY", "COS", and "Broker" (if any) may be singular or plural. This Contract is binding upon CITY, COS, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 26. ATTORNEY FEES; COSTS In any litigation arising out of this contract, each party shall be reasonable for its own attorney's fees and costs. 27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS [GM17-9216-055/203560/1] Page 9 of 15 Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 28. BROKER REPRESENTATION Neither party is represented by a real estate broker. 29. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 30. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. In any litigation arising out of or relating to this Contract, the Parties agree that venue shall be in the United States District Court, Middle District of Florida, Tampa Division, or the Circuit Court located in Pinellas County, Florida. 31. COUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 32. EXHIBITS ATTACHED Exhibit “A” (legal description of COS Property), Exhibit “B” (legal description of CITY Property), and Exhibit “C” (legal description of public right-of-way to be vacated f/k/a and platted as Haven Street) are attached hereto and made a part of this contract. 33. ENTIRE AGREEMENT Upon execution by COS and CITY, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. [GM17-9216-055/203560/1] Page 10 of 15 City Signature Page to Contract For Exchange of Real Property Countersigned: CITY OF CLEARWATER, FLORIDA __________________________ By: _________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: __________________________ _____________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk [GM17-9216-055/203560/1] Page 11 of 15 COS Signature Page to Contract For Exchange of Real Property CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not for profit corporation By: _________________________ Print Name: Title: Attest: ________________________________ ________________________________ Print Name ________________________________ ________________________________ Print Name [GM17-9216-055/203560/1] Page 12 of 15 EXHIBIT “A” COS PROPERTY Parcel No. 15-29-15-53928-005-0011 [GM17-9216-055/203560/1] Page 13 of 15 EXHIBIT “B” CITY PROPERTY  600 Franklin Street – The South 60’ of Lot 1, Block 7, Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla, Plat Book 1, Page 52, Public Records of Hillsborough County, of which Pinellas County was formerly a part.  Dedicated Right-of-Way – a portion of Lot 34 and a portion of the vacated Haven Street, Court Square Subdivision, Plat Book 5, Page 53, Public Records of Pinellas County, Florida.  The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. [GM17-9216-055/203560/1] Page 14 of 15 EXHIBIT “C” A PORTION OF PUBLIC RIGHT-OF-WAY TO BE VACATED FORMERLY KNOWN AS AND PLATTED AS HAVEN STREET IN PLAT BOOK 5, PAGE 53, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF RIGHT-OF-WAY DEDICATED IN RESOLUTION 79-50 OF THE CITY OF CLEARWATER, FLORIDA AS MORE PARTICULALRY DESCIRBED HEREIN [LEGAL DESCRIPTION AND SKETCH ON FOLLOWING PAGE] [GM17-9216-055/203560/1] Page 15 of 15 9771432v1 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9050-17 Agenda Date: 6/14/2017 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Police Department Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve an extension on the temporary moratorium for medical marijuana dispensing organizations established by Ordinance 8995-17 and pass Ordinance 9050-17 on first reading. SUMMARY: On November 8, 2016, Florida voters approved an amendment to the Florida Constitution, titled “Use of Marijuana for Debilitating Medical Conditions” (Amendment 2). Amendment 2 became effective on January 3, 2017. Amendment 2 has legalized under state law throughout the State of Florida the medical use of cannabis for a “Debilitating Medical Condition,” which is defined to mean “cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis, or other debilitating medical conditions of the same kind or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.” Amendment 2 has also legalized under state law throughout the State of Florida the operation of a “Medical Marijuana Treatment Center” (MMTC), which is defined to mean “an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the Department [of Health].” Amendment 2 required the Florida Department of Health to adopt specified regulations pertaining to MMTCs within 6 months from the effective date of the amendment, such as procedures for the registration of MMTCs that include procedures pertaining to the issuance, renewal, suspension and revocation of registration, and standards ensuring proper security, record keeping, testing, labeling, inspection, and safety, as well as regulations defining the amount of marijuana that could reasonably be presumed to be an adequate supply for qualifying patients’ medical use, based on the best available evidence. Amendment 2 also authorized the Florida legislature to enact laws consistent with the Department of Health’s constitutional duties. In order to promote effective land use planning, the City Council imposed a temporary moratorium in Ordinance 8775-17 until July 2, 2017 on the operation of MMTCs or the Page 1 City of Clearwater Printed on 6/13/2017 File Number: 9050-17 operation of any additional “Dispensing Organizations within the City of Clearwater to preserve the status quo while awaiting the promulgation of regulations by the Florida Department of Health and the possible adoption of laws by the Florida legislature pertaining to MMTCs so that the Department of Planning and Development for the City of Clearwater would have an opportunity to review such rules and laws and to research, study and analyze the potential impact of MMTCs and “Dispensing Organizations” upon adjacent uses and the surrounding area and the effect of MMTCs and “Dispensing Organizations” on the general welfare. The Florida legislature, however, ended its 2017 regular session without enacting any laws regulating MMTCs, leaving it to the Florida Department of Health to adopt specified regulations pertaining to MMTCs. Moreover, the Florida Department of Health as of May 9, 2017 has not yet adopted specified regulations and has until July 2, 2017 to do so. Due to the historical prohibition of cannabis, the City of Clearwater does not currently have any land development regulations governing the use of real property for purposes of cultivating, processing, distributing, or selling cannabis. In fact, one dispensary of cannabis is already operating within the City of Clearwater pursuant to Section 381.986, Florida Statutes. Without knowing what regulations the Florida Department of Health may adopt, the Department of Planning and Development for the City of Clearwater is unable to adequately formulate land development regulations that appropriately govern the use of real property for purposes of cultivating, processing, distributing, or selling marijuana or for related activities. An extension of the temporary moratorium imposed by Ordinance 8775-17 for an additional ninety days will enable the City of Clearwater a sufficient period of time to analyze the regulations adopted by the Florida Department of Health and then formulate and adopt land development regulations that appropriately govern the use of real property for purposes of cultivating, processing, distributing, or selling marijuana or for related activities APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 6/13/2017 Ordinance No. 9050-17 ORDINANCE NO. 9050-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, EXTENDING THE TEMPORARY MORATORIUM IMPOSED BY ORDINANCE NO. 8995-17 ON THE OPERATION OF ANY ADDITIONAL “DISPENSING ORGANIZATIONS” THAT DISPENSE “LOW-THC CANNABIS” OR “MEDICAL CANNABIS” OR ON THE OPERATION OF “MEDICAL MARIJUANA TREATMENT CENTERS” WITHIN THE CITY FOR AN ADDITIONAL PERIOD OF NINTY (90) DAYS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 8, 2016, Florida voters approved an amendment to the Florida Constitution, titled “Use of Marijuana for Debilitating Medical Conditions” (“Amendment 2”); and WHEREAS, Amendment 2, which had an effective date of January 3, 2017, has legalized under state law throughout the State of Florida the medical use of cannabis for a “Debilitating Medical Condition,” which is defined to mean “cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis, or other debilitating medical conditions of the same kind or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient”; and WHEREAS, Amendment 2 has legalized under state law throughout the State of Florida the operation of a “Medical Marijuana Treatment Center” (“MMTC”), which is defined to mean “an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the Department [of Health]”; and WHEREAS, Amendment 2 required the Florida Department of Health to adopt specified regulations pertaining to MMTCs within 6 months from the effective date of the amendment, such as procedures for the registration of MMTCs that include procedures pertaining to the issuance, renewal, suspension and revocation of registration, and standards ensuring proper security, record keeping, testing, labeling, inspection, and safety, as well as regulations defining the amount of marijuana that could reasonably be presumed to be an adequate supply for qualifying patients’ medical use, based on the best available evidence; and WHEREAS, Amendment 2 also authorized the Florida legislature to enact laws consistent with the Department of Health’s constitutional duties; and Ordinance No. 9050-17 WHEREAS, the Florida legislature ended its 2017 regular session without enacting any laws regulating MMTCs, leaving it to the Florida Department of Health to adopt specified regulations pertaining to MMTCs; and WHEREAS, the Florida Department of Health as of May 9, 2017, has not yet adopted specified regulations and has until July 2, 2017, to do so; and WHEREAS, in order to promote effective land use planning, the City Council imposed a temporary moratorium in Ordinance No. 8775-17 until July 2, 2017, on the operation of MMTCs or the operation of any additional “Dispensing Organizations within the City of Clearwater to preserve the status quo while awaiting the promulgation of regulations by the Florida Department of Health and the possible adoption of laws by the Florida legislature pertaining to MMTCs so that the Department of Planning and Development for the City of Clearwater would have an opportunity to review such rules and laws and to research, study and analyze the potential impact of MMTCs and “Dispensing Organizations” upon adjacent uses and the surrounding area and the effect of MMTCs and “Dispensing Organizations” on the general welfare; and WHEREAS, without knowing what regulations the Florida Department of Health may adopt, the Department of Planning and Development for the City of Clearwater is unable to adequately formulate land development regulations that appropriately govern the use of real property for purposes of cultivating, processing, distributing, or selling marijuana or for related activities; and WHEREAS, in order to adopt zoning regulations at this late date, the Department of Planning and Development for the City of Clearwater must obtain the recommendations of the Clearwater Community Development Board, which meets only once a month, before then bringing to the City Council for final approval at the City Council’s second public hearing any Ordinance imposing zoning regulations; and WHEREAS, because the adoption process will take additional time to complete, any regulations pertaining to MMTCs that the Department of Planning and Development for the City of Clearwater would currently formulate and provide to the City Council would not be adopted until well after July 2, 2017; and WHEREAS, the City Council finds that an extension of the temporary moratorium imposed by Ordinance No. 8775-17 for an additional ninety (90) days will enable the City of Clearwater a sufficient period of time to analyze the regulations adopted by the Florida Department of Health and then formulate and adopt land development regulations that appropriately govern the use of real property for purposes of cultivating, processing, distributing, or selling marijuana or for related activities; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The temporary moratorium imposed by Ordinance No. 8775-17 until July 2, 2017, on the operation of MMTCs or the operation of any additional “Dispensing Organizations” within the City of Clearwater is hereby extended an additional ninety (90) days. 3 Ordinance No. 9050-17 Section 2. During the period of this extended moratorium, the City shall not process or issue any comprehensive plan amendments, rezonings, development approvals, development orders, building permits, or other related permits, nor shall it process applications concerning such matters. Section 3. Nothing in this extended moratorium shall be construed to prohibit the medical use of cannabis or low-THC cannabis by a qualifying patient, as determined by a licensed Florida physician, or delivery of cannabis in compliance with Florida law. PASSED ON FIRST READING _____________________________ PASSED ON SECOND AND FINAL _____________________________ READING AND ADOPTED _____________________________George N. Cretekos Mayor Approved as to form:Attest: ________________________ _______________________Robert J. Surette Rosemarie CallAssistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2017-04007 Agenda Date: 6/14/2017 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3059 Cherry Lane and pass Ordinances 9033-17, 9034-17 and 9035-17 on first reading. (ANX2017-04007) SUMMARY: This voluntary annexation petition involves a 0.23-acre property consisting of one parcel of land occupied by a single family home. The parcel is located on the south side of Cherry Lane approximately 275 feet west of McMullen Booth Road. The applicants are requesting annexation in order to receive solid waste and sanitary sewer service from the City. The property is located within an enclave and is contiguous to existing city limits to the north, west, and south. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). 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: ·The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The closest sanitary sewer line is located in the adjacent Cherry Lane right -of-way. The applicants understand that the sewer impact and assessment fees must be paid in full prior to connection and are aware of the additional costs to extend city sewer service to this property. 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 this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; 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 6/13/2017 File Number: ANX2017-04007 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 proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is Low Medium Density Residential (LMDR). The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District ’s minimum dimensional requirements . The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city limits to the north, west, and south; 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 6/13/2017 Ordinance No. 9033-17 ORDINANCE NO. 9033-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF CHERRY LANE APPROXIMATELY 275 FEET WEST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3059 CHERRY LANE, CLEARWATER, FLORIDA 33759, 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; (ANX2017-04007) 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. 9033-17 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 3059 Cherry Lane 16‐29‐16‐00000‐220‐2400  The East One Hundred (100) feet of the West Three Hundred (300) feet of the North One Hundred (100)  feet of the South One Hundred Ten (110) feet of the South Half (S1/2) of the Southeast Quarter (SE1/4)  of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section 16, Township 29  South, Range 16 East, Pinellas County, Florida.    Exhibit B PROPOSED ANNEXATION Owner(s): Francis & Hector Irizarry; Genoveva Echevarria Case: ANX2017-04007 Site: 3059 Cherry Lane Property Size(Acres): ROW (Acres): 0.23 Land Use Zoning PIN: 16-29-16-00000-220-2400 From : RU R-2 Atlas Page: 292A To: RU LMDR 503032(S)211 300 250 2004065402040 60 4030243020200517519*3 2 1 2 2 3 4 5 6789 2 3 4 5 1 2 3 4 5 6 7 8 9 1 1 6 22/14 22/2622/2722/3222/37 22/3822/3122/2822/2522/23 22/24 22/29 22/3021/10 22/4125 120 123 15030763060 308731013042308130783065308511 305431033100308030593101307530653059 CLEVELAND ST CHERRY LN S McMULLEN BOOTH RD -Not to Scale--Not a Survey-Rev. 4/20/2017 Ordinance No. 9034-17 ORDINANCE NO. 9034-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF CHERRY LANE APPROXIMATELY 275 FEET WEST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3059 CHERRY LANE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); 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 property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for Legal Description; Residential Urban (RU) (ANX2017-04007) 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 immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9033-17. Ordinance No. 9034-17 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 3059 Cherry Lane 16‐29‐16‐00000‐220‐2400  The East One Hundred (100) feet of the West Three Hundred (300) feet of the North One Hundred (100)  feet of the South One Hundred Ten (110) feet of the South Half (S1/2) of the Southeast Quarter (SE1/4)  of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section 16, Township 29  South, Range 16 East, Pinellas County, Florida.    Exhibit B FUTURE LAND USE MAP Owner(s): Francis & Hector Irizarry; Genoveva Echevarria Case: ANX2017-04007 Site: 3059 Cherry Lane Property Size(Acres): ROW (Acres): 0.23 Land Use Zoning PIN: 16-29-16-00000-220-2400 From : RU R-2 Atlas Page: 292A To: RU LMDR 503032(S)211 300 250 2004065402040 60 40302430302 20200515517519*3 2 1 23 3 4 5 678 3 4 5 1 2 3 4 5 6 7 8 9 1 2 1 2 56 22/14 22/2622/2722/3222/37 22/3822/3122/2822/2522/23 22/24 22/29 22/3021/10 22/4125 120 123 15030763060 308731013042308130783065308511 305431053103310031063080305931013075310730653059 I I I I I I I RUI R/OL I RU I RLM RU R/OL I RU CLEVELAND ST CHERRY LN S McMULLEN BOOTH RD -Not to Scale--Not a Survey-Rev. 4/20/2017 Ordinance No. 9035-17 ORDINANCE NO. 9035-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF CHERRY LANE APPROXIMATELY 275 FEET WEST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3059 CHERRY LANE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: 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. 9033-17. Property Zoning District See attached Exhibit A for Legal Description; Low Medium Density Residential (LMDR) (ANX2017-04007) Ordinance No. 9035-17 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 3059 Cherry Lane 16‐29‐16‐00000‐220‐2400  The East One Hundred (100) feet of the West Three Hundred (300) feet of the North One Hundred (100)  feet of the South One Hundred Ten (110) feet of the South Half (S1/2) of the Southeast Quarter (SE1/4)  of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section 16, Township 29  South, Range 16 East, Pinellas County, Florida.    Exhibit B ZONING MAP Owner(s): Francis & Hector Irizarry; Genoveva Echevarria Case: ANX2017-04007 Site: 3059 Cherry Lane Property Size(Acres): ROW (Acres): 0.23 Land Use Zoning PIN: 16-29-16-00000-220-2400 From : RU R-2 Atlas Page: 292A To: RU LMDR 503032(S)211 300 250 2004065402040 60 40302430302 20200515517519*3 2 1 23 3 4 5 678 3 4 5 1 2 3 4 5 6 7 8 9 1 2 1 2 56 22/14 22/2622/2722/3222/37 22/3822/3122/2822/2522/23 22/24 22/29 22/3021/10 22/4125 120 123 15030763060 308731013042308130783065308511 305431053103310031063080305931013075310730653059 CLEVELAND ST CHERRY LN S McMULLEN BOOTH RD I I O LMDR MHP LMDR LMDR LMDR -Not to Scale--Not a Survey-Rev. 4/20/2017 LOCATION MAP Owner(s): Francis & Hector Irizarry; Genoveva Echevarria Case: ANX2017-04007 Site: 3059 Cherry Lane Property Size(Acres): ROW (Acres): 0.23 Land Use Zoning PIN: 16-29-16-00000-220-2400 From : RU R-2 Atlas Page: 292A To: RU LMDR DREW ST GULF-TO-BAY BLVD BAY LN K ST DOWNING ST JOHNS PKWY S McMULLEN BOOTH RD MEADOW LARK LN BAYVIEW AVE N McMULLEN BOOTH RD BAY ST CHERRY LN CLEVELAND ST VIRGINIA AVE KENTUCKY AVE COLONIAL DR BAYVIEW AVE -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 4/5/2017 AERIAL PHOTOGRAPH Owner(s): Francis & Hector Irizarry; Genoveva Echevarria Case: ANX2017-04007 Site: 3059 Cherry Lane Property Size(Acres): ROW (Acres): 0.23 Land Use Zoning PIN: 16-29-16-00000-220-2400 From : RU R-2 Atlas Page: 292A To: RU LMDR CHERRY LN CHERRY LN S McMULLEN BOOTH RD S McMULLEN BOOTH RD CLEVELAND ST CLEVELAND ST COLONIAL DR COLONIAL DR JOHNS PKWY JOHNS PKWY DOWNING ST DOWNING ST -Not to Scale--Not a Survey-Rev. 4/5/2017 EXISTING SURROUNDING USES MAP Owner(s): Francis & Hector Irizarry; Genoveva Echevarria Case: ANX2017-04007 Site: 3059 Cherry Lane Property Size(Acres): ROW (Acres): 0.23 Land Use Zoning PIN: 16-29-16-00000-220-2400 From : RU R-2 Atlas Page: 292A To: RU LMDR 503032(S)211 300 250 2004065402040 60 4030243020200517519*3 2 1 2 2 3 4 5 6789 2 3 4 5 1 2 3 4 5 6 7 8 9 1 1 6 22/14 22/2622/2722/3222/37 22/3822/3122/2822/2522/23 22/24 22/29 22/3021/10 22/4125 120 123 15030763060 308731013042308130783065308511 305431033100308030593101307530653059 CLEVELAND ST CHERRY LN S McMULLEN BOOTH RD -Not to Scale--Not a Survey-Rev. 4/20/2017 School Parking Lot Parking Lot Athletic Field Single Family Residential View looking south at the subject property, 3059 Cherry Lane East of the subject property West of the subject property Across the street, to the north of the subject property ANX2017-04007 Francis & Hector Irizarry, Genoveva Echevarria 3059 Cherry Lane View looking easterly along Cherry Lane View looking westerly along Cherry Lane Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2017-04008 Agenda Date: 6/14/2017 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for an unaddressed parcel located on the south side of Otten Street, approximately 330 feet west of North Highland Avenue, and pass Ordinances 9036-17, 9037-17 and 9038-17 on first reading. (ANX2017-04008) SUMMARY: This voluntary annexation petition involves a 0.163-acre property consisting of one parcel of land which is currently vacant. The parcel is located on the south side of Otten Street, approximately 330 feet west of Highland Avenue. The applicant is requesting annexation in order to receive solid waste, sanitary sewer, and water service from the City. The applicant intends to build a single family home on the property; however, no site plans have been submitted. The property is located within an enclave and is contiguous to existing city limits to the north, west, and east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). 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 will be provided to the property by the City. The closest sanitary sewer and potable water lines are located in the adjacent Otten Street right-of-way. The applicant understands that the sewer and water impact and assessment fees must be paid in full prior to connection, and is aware of the additional costs to extend City sewer and water service to this property. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, water, 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 Page 1 City of Clearwater Printed on 6/13/2017 File Number: ANX2017-04008 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. Policy A.7.2.3 Continue to process voluntary annexations for single -family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is Low Medium Density Residential (LMDR). The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District ’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City ’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city limits to the north, west, and east; 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 6/13/2017 Ordinance No. 9036-17 ORDINANCE NO. 9036-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE SOUTH SIDE OF OTTEN STREET APPROXIMATELY 330 FEET WEST OF NORTH HIGHLAND AVENUE, IN CLEARWATER, FLORIDA 33755, 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 owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 5, TERRA ALTO ESTATES, according to the map or plat thereof, as recorded in Plat Book 45, Page(s) 5, of the Public Records of Pinellas County, Florida; (ANX2017-04008) The map attached as Exhibit A 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. 9036-17 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 PROPOSED ANNEXATION Owner(s): Cheese Gromit LLC Case: ANX2017-04008 Site: 0 Otten Street Property Size(Acres): ROW (Acres): 0.163 Land Use Zoning PIN: 02-29-15-90288-000-0050 From : RL R-3 Atlas Page: 261A To: RL LMDR 60 6060 50 50 83 100 83 1006060 6330 83.4 10944 90288 117 39 40 41 42 43 44 45 46 95 96 97 98 99 100 101 102103 104105106 A 8 7 6 5 4 3 2 1 9 10 11 12 13 14 15 16 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 7 89 31/06 32/1 2 2.75 A C(C) 1740 18241433 148714751462175814921439 148614401431145714351474142314931453145014861445146314621801 1794 144114751501143714361765 1449144717991459 1480144314531437146814631780 1821 14741465146914931759 1456148714571481145614811812 14690144414271761 1771 22 1468144314611451 14801448JOEL LN OTTEN ST N HIGHLAND AVE CAROLYN LN WESTON DR BENTLEY ST CARLOS AVE -Not to Scale--Not a Survey-Rev. 4/18/2017 Ordinance No. 9037-17 ORDINANCE NO. 9037-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE SOUTH SIDE OF OTTEN STREET APPROXIMATELY 330 FEET WEST OF NORTH HIGHLAND AVENUE, IN CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); 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 property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 5, TERRA ALTO ESTATES, according to the map or plat thereof, as recorded in Plat Book 45, Page(s) 5, of the Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2017-04008) The map attached as Exhibit A 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 immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9036-17. Ordinance No. 9037-17 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 FUTURE LAND USE MAP Owner(s): Cheese Gromit LLC Case: ANX2017-04008 Site: 0 Otten Street Property Size(Acres): ROW (Acres): 0.163 Land Use Zoning PIN: 02-29-15-90288-000-0050 From : RL R-3 Atlas Page: 261A To: RL LMDR 60 6060 50 50 83 100 83 1006060 6330 83.4 10944 90288 117 39 40 41 42 43 44 45 46 95 96 97 98 99 100 101 102103 104105106 A 8 7 6 5 4 3 2 1 9 10 11 12 13 14 15 16 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 7 89 31/0 6 32/1 2 2.75 A C(C)I RU RL RU RH CG RU RLR/OS T/U RU RURL1740 18241433 148714751462175814921439 148614401431145714351474142314931453145014861445146314621801 1794 144114751501143714361765 14491447179914591443145314371468 177114631780 1821 14741465146914931759 1456148714571481145614811812 14690144414271761 148022 1468144314611451 14801448JOEL LN OTTEN ST SANDY LN N HIGHLAND AVE CAROLYN LN WESTON DR BENTLEY ST CARLOS AVE -Not to Scale--Not a Survey-Rev. 4/19/2017 Ordinance No. 9038-17 ORDINANCE NO. 9038-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE SOUTH SIDE OF OTTEN STREET APPROXIMATELY 330 FEET WEST OF NORTH HIGHLAND AVENUE, IN CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit A 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. 9036-17. Property Zoning District Lot 5, TERRA ALTO ESTATES, according to the map or plat thereof, as recorded in Plat Book 45, Page(s) 5, of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2017-04008) Ordinance No. 9038-17 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 ZONING MAP Owner(s): Cheese Gromit LLC Case: ANX2017-04008 Site: 0 Otten Street Property Size(Acres): ROW (Acres): 0.163 Land Use Zoning PIN: 02-29-15-90288-000-0050 From : RL R-3 Atlas Page: 261A To: RL LMDR 60 6060 50 50 83 100 83 1006060 6330 83.4 10944 90288 117 39 40 41 42 43 44 45 46 95 96 97 98 99 100 101 102103 104105106 A 8 7 6 5 4 3 2 1 9 10 11 12 13 14 15 16 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 7 89 31/06 32/1 2 2.75 A C(C)I LMDR C I MHDR OS/R LMDR JOEL LN OTTEN ST SANDY LN N HIGHLAND AVE CAROLYN LN WESTON DR BENTLEY ST CARLOS AVE 1740 18241433 148714751462175814921439 148614401431145714351474142314931453145014861445146314621801 1794 1441147515011437143614491447145914801443145314371468177114631780 1821 14741465146914931759 1456148714571481145614811812 14690144414271765 1761 1799 22 1468144314611451 14801448-Not to Scale--Not a Survey-Rev. 4/18/2017 LOCATION MAP Owner(s): Cheese Gromit LLC Case: ANX2017-04008 Site: 0 Otten Street Property Size(Acres): ROW (Acres): 0.163 Land Use Zoning PIN: 02-29-15-90288-000-0050 From : RL R-3 Atlas Page: 261A To: RL LMDR KINGS HWY N HIGHLAND AVE WEST DR OTTEN ST JOEL LN SANDY LN FAIRMONT ST LINWOOD DR GREENLEA DR WESTON DR SPRING LN THAMES LN ROSEMONT DR CAROLYN LN MARY L RD BARBARA LN TERRACE RD BENTLEY ST GROVE CIRCLE CT HEAVEN SENT LN SAND Y L N SANDY LN -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 4/5/2017 AERIAL PHOTOGRAPH Owner(s): Cheese Gromit LLC Case: ANX2017-04008 Site: 0 Otten Street Property Size(Acres): ROW (Acres): 0.163 Land Use Zoning PIN: 02-29-15-90288-000-0050 From : RL R-3 Atlas Page: 261A To: RL LMDR JOEL LN JOEL LN OTT EN ST OTT EN ST SANDY LN SANDY LN N HIGHLAND AVE N HIGHLAND AVE CAROLYN LN CAROLYN LN WESTON DR WESTON DR BENTLEY ST BENTLEY ST CARLOS AVE CARLOS AVE -Not to Scale--Not a Survey-Rev. 4/6/2017 EXISTING SURROUNDING USES MAP Owner(s): Cheese Gromit LLC Case: ANX2017-04008 Site: 0 Otten Street Property Size(Acres): ROW (Acres): 0.163 Land Use Zoning PIN: 02-29-15-90288-000-0050 From : RL R-3 Atlas Page: 261A To: RL LMDR 60 6060 50 50 83 100 83 1006060 6330 83.4 10944 90288 117 39 40 41 42 43 44 45 46 95 96 97 98 99 100 101 102103 104105106 A 8 7 6 5 4 3 2 1 9 10 11 12 13 14 15 16 24 23 22 21 20 19 18 17 25 26 27 30 31 32 28 29 7 89 31/06 32/1 2 2.75 A C(C) 1740 18241433 148714751462175814921439 148614401431145714351474142314931453145014861445146314621801 1794 144114751501143714361765 1449144717991459 1480144314531437146814631780 1821 14741465146914931759 1456148714571481145614811812 14690144414271761 1771 22 1468144314611451 14801448JOEL LN OTTEN ST N HIGHLAND AVE CAROLYN LN WESTON DR BENTLEY ST CARLOS AVE -Not to Scale--Not a Survey-Rev. 4/18/2017 Church Single Family Residential Single Family Residential Single Family Residential Single Family Residential School View looking south at the subject property 0 Otten Street East of the subject property West of the subject property Across the street, to the north of the subject property ANX2017-04008 Cheese Gromit LLC 0 Otten Street View looking easterly along Otten Street View looking westerly along Otten Street Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2017-04009 Agenda Date: 6/14/2017 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.6 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3035 Hoyt Avenue and pass Ordinances 9039-17, 9040-17, and 9041-17 on first reading. (ANX2017-04009) SUMMARY: This voluntary annexation petition involves a 0.21-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the southeast corner of Hoyt Avenue and Moss Avenue approximately 650 feet west of N McMullen Booth Road. The applicants are requesting annexation in order to receive sanitary sewer and solid waste service from the City and will be connected to the city sanitary sewer as part of the Kapok Terrace Sanitary Sewer System Extension Project. The property is located within an enclave and is contiguous to existing city boundaries on the south and west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the City of Clearwater. Collection of solid waste will be provided to the property by the City. The applicants will connect to the City’s sanitary sewer service when it is available, and are aware of the fee that must be paid in order to connect and the financial incentives available. 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 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve the property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; 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. 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 Page 1 City of Clearwater Printed on 6/13/2017 File Number: ANX2017-04009 Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries on 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 6/13/2017 Ordinance No. 9039-17 ORDINANCE NO. 9039-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED DIRECTLY AT THE SOUTHEAST CORNER OF HOYT AVENUE AND MOSS AVENUE APPROXIMATELY 650 FEET WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3035 HOYT AVENUE, CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 9, Block J, Kapok Terrace First Addition, according to the plat thereof recorded in Plat Book 49, Page 48 of the Public Records of Pinellas County, Florida. (ANX2017-04009) The map attached as Exhibit A 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. 9039-17 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 PROPOSED ANNEXATION Owner(s): Rosa Jean Steckler c/o Candice Ann Steckler Case: ANX2017-04009 Site: 3035 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.21 acres Land Use Zoning PIN: 09-29-16-45144-010-0090 From : RL R-4 Atlas Page: 283A To: RL LMDR 60 6060198 200 606045144 A O N J I 9 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 1 1 2 11 12 HOYT AVE MOSS AVE MERRILL AVE GRAND VIEW AVE N McMULLEN BOOTH RD 601 602 511510 600 306430583059306530533059304730643076302530713053304730713071304130653059307730583041302330413070305230243058307730403046307630523070304030643046307630533047306530703026303530523077304030313025303430303019303530183046-Not to Scale--Not a Survey-Rev. 4/18/2017 Ordinance No. 9040-17 ORDINANCE NO. 9040-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED DIRECTLY AT THE SOUTHEAST CORNER OF HOYT AVENUE AND MOSS AVENUE APPROXIMATELY 650 FEET WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3035 HOYT AVENUE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); 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 property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 9, Block J, Kapok Terrace First Addition, according to the plat thereof recorded in Plat Book 49, Page 48 of the Public Records of Pinellas County, Florida. Residential Low (RL) (ANX2017-04009) The map attached as Exhibit A 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 immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9039-17. Ordinance No. 9040-17 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 FUTURE LAND USE MAP Owner(s): Rosa Jean Steckler c/o Candice Ann Steckler Case: ANX2017-04009 Site: 3035 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.21 acres Land Use Zoning PIN: 09-29-16-45144-010-0090 From : RL R-4 Atlas Page: 283A To: RL LMDR 60 6060198 200 606045144 A O N J I 9 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 1 1 2 11 12 RL RL R/OS RL RL RL RL RL RL HOYT AVE MOSS AVE MERRILL AVE GRAND VIEW AVE N McMULLEN BOOTH RD 601 602 511510 600 306430583059306530533059304730643076302530713053304730713071304130653059307730583041302330413070302430583077304030463076305230703040306430463076305330473065307030263035305230773040302530343030301930353052301830463031-Not to Scale--Not a Survey-Rev. 4/18/2017 Ordinance No. 9041-17 ORDINANCE NO. 9041 -17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED DIRECTLY AT THE SOUTHEAST CORNER OF HOYT AVENUE AND MOSS AVENUE APPROXIMATELY 650 FEET WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3035 HOYT AVENUE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit A 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. 9039-17. Property Zoning District Lot 9, Block J, Kapok Terrace First Addition, according to the plat thereof recorded in Plat Book 49, Page 48 of the Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2017-04009) Ordinance No. 9041-17 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 ZONING MAP Owner(s): Rosa Jean Steckler c/o Candice Ann Steckler Case: ANX2017-04009 Site: 3035 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.21 acres Land Use Zoning PIN: 09-29-16-45144-010-0090 From : RL R-4 Atlas Page: 283A To: RL LMDR 60 6060198 200 606045144 A O N J I 9 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 1 1 2 11 12 HOYT AVE MOSS AVE MERRILL AVE GRAND VIEW AVE N McMULLEN BOOTH RD OS/R LMDR LMDR LMDR LMDR 601 602 511510 600 306430583059305330593047306430763071305330473071304130653059305830233041307030523024305830773040304630763052307030403064304630763053304730653070302630353052307730403025303430303065302530193071307730353041301830463031-Not to Scale--Not a Survey-Rev. 4/18/2017 LOCATION MAP Owner(s): Rosa Jean Steckler c/o Candice Ann Steckler Case: ANX2017-04009 Site: 3035 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.21 acres Land Use Zoning PIN: 09-29-16-45144-010-0090 From : RL R-4 Atlas Page: 283A To: RL LMDR GRAND VIEW AVE LAKE VISTA DR HOYT AVE MERRILL AVEW FLINT DR BRIGADOON CIR DREW ST N McMULLEN BOOTH RD SAN JOSE ST ALAMEDA AVE SAN PEDRO ST BAYSHORE BLVD BAY LN MADERA AVE CHAMBLEE LN BORDEAUX LN RUTH ECKERD HALL DR WOLFE RD HOLLYWOOD AVE MELONWOOD AVE KAPOK CIR GLEN OAK AVE N SAN MATEO ST TERRACE VIEW LN KINGSWOOD DR -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 4/18/2017 AERIAL PHOTOGRAPH Owner(s): Rosa Jean Steckler c/o Candice Ann Steckler Case: ANX2017-04009 Site: 3035 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.21 acres Land Use Zoning PIN: 09-29-16-45144-010-0090 From : RL R-4 Atlas Page: 283A To: RL LMDR HOYT AVE HOYT AVE MERRILL AVE MERRILL AVE MOSS AVE MOSS AVE GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD -Not to Scale--Not a Survey-Rev. 4/18/2017 EXISTING SURROUNDING USES MAP Owner(s): Rosa Jean Steckler c/o Candice Ann Steckler Case: ANX2017-04009 Site: 3035 Hoyt Avenue Property Size(Acres): ROW (Acres): 0.21 acres Land Use Zoning PIN: 09-29-16-45144-010-0090 From : RL R-4 Atlas Page: 283A To: RL LMDR 60 6060198 200 606045144 A O N J I 9 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 1 1 2 11 12 HOYT AVE MOSS AVE MERRILL AVE GRAND VIEW AVE N McMULLEN BOOTH RD 601 602 511510 600 306430583059306530533059304730643076302530713053304730713071304130653059307730583041302330413070305230243058307730403046307630523070304030643046307630533047306530703026303530523077304030313025303430303019303530183046-Not to Scale--Not a Survey-Rev. 4/18/2017 Trail / Softball Fields Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property, 3035 Hoyt Avenue East of the subject property Across the street, to the west of the subject property Across the street, to the north of the subject property ANX2017-04009 Candice Steckler 3035 Hoyt Avenue View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3574 Agenda Date: 6/14/2017 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.7 SUBJECT/RECOMMENDATION: Provide direction on the proposed Development Agreement between Gulfview Lodging, LLP (the property owner) and the City of Clearwater, providing for the allocation of 59 units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on July 20, 2017 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2017-04001) SUMMARY: Site Location and Existing Conditions: The 0.59-acre “L”-shaped site is located at the northeast corner of South Gulfview Boulevard and Fifth Street and wraps around the McDonald ’s parking lot and Frenchy ’s Beach Café to the west. The property is comprised of two parcels with a frontage of approximately 60 feet along South Gulfview Boulevard (Beach Walk), 210 feet along Fifth Street and 165 feet along Coronado Drive. The south parcel is 0.36 acres and is occupied by a five -story 32-unit hotel where the site would otherwise be permitted 18 units (the site is over-dense by 14 units). This lot area includes 2,195 square feet of the South Gulfview Boulevard right -of-way which would need to be vacated by the City. The north parcel is 0.23 acres and is occupied by a 3,220 sq. ft. Mixed Use with 2,240 sq. ft. of office space and 980 sq. ft. dedicated to a single dwelling unit. This parcel was the subject of a Level II Flexible Development application approved by the Community Development Board on November 19, 2013. The subject property is zoned Tourist (T) District with an underlying Future Land Use Plan (FLUP) category of Resort Facilities High (RFH). The subject property is also located within the Beach Walk District of Beach by Design. Vehicular access to the site is provided via two curb cuts along Coronado Drive and a drop curb along most of the length of the south side of the site along Fifth Street. Parking for the hotel is currently provided under the hotel building and parking spaces which exist at least partially if not entirely within and back out into the Fifth Street right -of-way. A parking lot services the mixed use building on the north portion of the site. The immediate area is characterized by a variety of uses including overnight accommodation, retail, outdoor recreation /entertainment, restaurant and attached dwelling uses. A portion of Beach Walk runs along the west side of the site adjacent to the existing hotel. Development Proposal: The current proposal is to demolish all structures on the site and build a single seven -floor hotel with 88 hotel rooms (150 units per acre). It is important to note that the proposed number of units (88) is dependent on the vacation of 2,195 sq. ft. of the South Gulfview Page 1 City of Clearwater Printed on 6/13/2017 File Number: ID#17-3574 Boulevard. This point is noted in Section 6.2.4 of the Development Agreement. This area is included in the total site area of 0.59 acres. The applicant intends to request a Termination of Status of Nonconformity as part of a Level II Flexible Development application. Approval of that application (not yet submitted) would render the 32 existing units on the hotel parcel (where 18 are otherwise permitted at 50 units per acre) conforming. The north parcel yields 11 hotel units. Assuming approval of a Termination of Status of Nonconformity request the total permitted number of permitted units would be 43. The 88 total proposed units include those 43 units and an additional 45 units from the Hotel Density Reserve through Beach by Design. The applicant is requesting 59 units from the Reserve in the event a Termination of Status of Nonconformity is either not requested or denied in order to maintain the designed density of 150 units per acre or 88 units. The building will be 95 feet (from Base Flood Elevation) to roof with the parking on the first two floors (Sheets A2_1 and 2). The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. The site will be accessed via a two driveways from Fifth Street with one at the southwest corner of the site and a second driveway located at the southeast corner. The primary entrance and lobby of the building will be located at the southwest corner of the building on the third floor (Sheet A2_3). As noted, the first (ground) and second floors of the building will contain all 106 required parking spaces as well as mechanical room and solid waste components. All of the provided parking spaces will be valet -only. The third floor will contain, assorted offices, meeting rooms and back-of-house uses as well as 10 hotel units. The fourth and fifth floors will contain 20 rooms each. The sixth and seventh floors will contain 19 rooms each. The roof will contain a small bar, pool and lounge area along the Fifth Street side of the building. The design takes advantage of the site ’s proximity to Beach Walk and includes an outdoor seating area/café along the west side of the site. A sheltered bicycle rack is also located along the west side of the building and a pedestrian entrance connects directly to Beach Walk. Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: The subject property is 25,700 sq. ft. in area and approximately 200 feet wide. The proposed lot area and width are consistent with Level I Flexible Standard Development parameters pursuant to CDC Section 2-802. Minimum Setbacks: The conceptual site plan depicts setbacks to building of zero feet along Beach Walk (west), 15 feet along the front (east) along Coronado Drive, 12 feet along the front (south) along Fifth Street, five feet along the side (north - along the south side of Frenchy ’s) and ten feet along all other remaining sides of the site. The conceptual site plan also shows setbacks of zero feet to paving along Fifth Street and to paving along a portion of the north property line along the south side of Frenchy’s. The proposed setbacks may be approved as part of a Level II Flexible Development application, subject to meeting the applicable flexibility criteria of the Community Development Code. Maximum Height: Section A.1.c of the Beach Walk District within Beach by Design specifically addresses height . The proposal provides for a building 95 feet in height as measured from BFE where a height Page 2 City of Clearwater Printed on 6/13/2017 File Number: ID#17-3574 of up to 100 feet is permitted for overnight accommodations. The proposed height is also permitted by the CDC subject to meeting the applicable flexibility criteria of the CDC and as approved as part of a Level II Flexible Development application and as otherwise limited by Beach by Design. The height of the proposed building is consistent with the guidelines of Beach by Design. Minimum Off-Street Parking: The 88-room overnight accommodation use requires a minimum of 106 off-street parking spaces. A parking garage located on the first two levels of the building will provide a minimum of 106 valet-only spaces. This is consistent with the applicable Sections of the CDC. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that adequate spaces for foundation landscaping will be provided along the street frontage. Since no perimeter landscape buffers are otherwise required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. It is noted, however, that flexibility may be requested/necessary as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Consistency with Beach by Design: Design Guidelines: A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by Design. It is noted, however, that a more formal review of these Guidelines will need to be conducted as part of the final site plan approval process. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development comply with the Metropolitan Planning Organization ’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: §Provides for the allocation of up to 59 units from the Hotel Density Reserve or a maximum density of 150 units per acre; §Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; §Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; §For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and Page 3 City of Clearwater Printed on 6/13/2017 File Number: ID#17-3574 §Requires a legally enforceable mandatory evacuation /closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.I, CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and /or architectural elevations attached as exhibits to the Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. Page 4 City of Clearwater Printed on 6/13/2017 HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("Agreement") is dated the _______ day of _______________, 2017, and entered into between GULFVIEW LODGING, LLP (“Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation 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 special area plan for the revitalization of Clearwater Beach adopted under the provisions of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach by Design; and WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, 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 the development of hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community, and further provided 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 0.59 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 provide 88 overnight accommodation units, meeting space for guest use, pool/tiki bar, outdoor café area along Beach Walk, lobby and parking, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B” (collectively, the improvements are the “Project”); and WHEREAS, the Property has not previously acquired density from the Destination Resort Density Pool; and WHEREAS, upon completion the planned hotel will contain 88 overnight accommodation units, which includes up to 59 units from the available Hotel Density Reserve (“Reserve Units”); and WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any other applicable law; and WHEREAS, the City has determined that, as of the date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, at a duly noticed and convened public meeting on ______________________, 2017, 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 and Code, 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 355 S. Gulfview Blvd. and 348 Coronado Dr. as further described in Exhibit “A”. SECTION 4. Scope of Project. 4.1 The Project shall consist of 88 overnight accommodation units including up to 59 overnight accommodation units from the Hotel Density Reserve and have a density no greater than 150 units per acre. In the event that a Termination of Status of Nonconformity with regard to existing density is approved by the City the Developer will return any unit in excess of the otherwise approved 88 units to the Hotel Density Reserve. 4.2 The Project shall include a minimum of 105 parking spaces, as defined in the Code. 4.3 The design of the Project, as represented in Exhibit “B”, is consistent with Beach by Design. 4.4 The height of the Project shall be up to 100 feet measured from Base Flood Elevation, as defined in the Code. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. 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 transmitting to the Florida Department of Economic Opportunity, pursuant to Florida Statutes section 163.3239 and Code section 4-606.G.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 for ten (10) years unless earlier terminated as set forth herein. 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 Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 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 Conceptual Site Plan attached as Exhibit "B". Any modifications determined by the Planning and Development 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 approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement in accordance with the provisions of the Code, and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project, and may terminate this Agreement in accordance with Section 10. 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", stating that the accommodation use will close 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 no rights of Developer remain or will be exercised 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 the Project. The Developer anticipates submitting an application to terminate the non-conforming status of the Property. If the Community Development Board (CDB) grants the termination of non- conforming status and the developer meets any conditions associated with such approval by the date indicated by the CDB, then the Developer shall return any units in excess of the otherwise approved 88 units to the Hotel Density Reserve. 6.1.6 Transient Use. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. Access to overnight accommodation units must be provided through a lobby and internal corridor. All units in the hotel shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system. Occupancy in the hotel is limited to a term of less than one (1) month or thirty-one (31) consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence. 6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. 6.1.8 Inspection of Records. Developer shall make available for inspection to authorized representatives of 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. 6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design. 6.1.10 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. 6.1.11 Outdoor Café Area. The Developer agrees to provide for an outdoor café area along Beach Walk generally consistent with “Exhibit B” to provide activity as envisioned by Beach by Design. 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 applications 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 6.2.2.2 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 59 units from the Hotel Density Reserve as defined by Beach by Design. Pursuant to Section 6.1.5, if the Developer obtains approval for and meets all conditions of the Termination of Non- Conforming Status, then the Developer shall return any units in excess of the otherwise approved 88 units to the Hotel Density Reserve. In no way shall this be construed to permit the development density of the Property to exceed 150 units per acre. 6.2.4 The overall number of proposed units density provided for by this Agreement (88 units) is contingent upon the proposed vacation of the 2,195.09 square feet of South Gulfview Boulevard right-of-way within the Beach Walk district. The City shall process a right-of-way vacation ordinance to vacate the 2,195.09 square feet of South Gulfview Blvd. right of way within the Beach Walk district conditioned upon submission of a complete set of building plans for construction of the improvements shown on Exhibit “B”. Regardless of whether or not the vacation is granted the maximum permitted density of the property may not exceed 150 units per acre. 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. The requirements for concurrency as set forth in Article 4, Division 9, of the Code, have been satisfied. 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 The Project shall comply with the Metropolitan Planning Organization’s [MPO] or its successor’s countywide approach to the application of concurrency management for transportation facilities, and the transportation analysis conducted for the Project shall include the following: • Recognition of standard data sources as established by the MPO; • Identification of level of service (LOS) standards for state and county roads as established by the MPO; • Utilization of proportional fair-share requirements consistent with Florida Statutes and the MPO model ordinance; • Utilization of the MPO Traffic Impact Study Methodology; and • Recognition of the MPO designation of “Constrained Facilities” as set forth in the most current MPO Annual Level of Service Report. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of occupancy. 7.7 Developer agrees to provide a cashier’s check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services, to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. SECTION 8. Required Local Government Approvals. The required local government development approvals 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); 8.4 Certificate(s) of occupancy; and 8.5 Ordinance vacating the 2,195.09 square feet of South Gulfview Blvd. right- of-way within the Beach Walk district as shown on Exhibit “B.” SECTION 9. Finding of 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. 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. Except in the case of termination, until ten (10) years after the date of this Agreement, the City may apply laws and policies adopted subsequently to the Effective Date of this Agreement if the City has held a public hearing and determined: (a) They are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities in the Agreement; (b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; (c) They are specifically anticipated and provided for in this Agreement; (d) The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or (e) This Agreement is based on substantially inaccurate information provided by the Developer 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: Gulfview Lodging, LLP 505 Riverfront Parkway Chattanooga, Tennessee 37402 With Copy to: Brian J. Aungst, Jr., Esq. 625 Court Street, Suite 200 Clearwater, Florida 33756 If to City: City of Clearwater Attn: City Manager 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 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. 14.2 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 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 are 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. 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 and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: ___________________________________ ______________________________ __________________________________ Print Name_____________________ Print Name ______________________________ Print Name_____________________ As to Developer 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 _______________, 2017, 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 ____________________, 2017, 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 EXHIBIT “A” Legal Description LOT 118 and LOT 119, LLOYD-WHITE -SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. LOT 71 and LOT 120, LLOYD-WHITE -SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. EXHIBIT “B” Conceptual Site Plan 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 _________________, 2017, by GULFVIEW LODGING, LLP ("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 its 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 hotels 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 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 ____________, 2017, 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 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 59 units, which is the number of hotel units allocated to Developer from the Hotel Density Reserve, 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. All other units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. Access to overnight accommodation units must be provided through a lobby and internal corridor. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. 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. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. Developer shall make available for inspection to authorized representatives of 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. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design. 2.1.2 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel”, and "operator" shall have the meaning given to such terms in Florida Statutes Chapter 509, Part I. 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 hotel, 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. 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 be 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 WITNESS WHEREOF, Developer has caused this Declaration to be executed this _____ day of ______________, 2017. In the Presence of: ______________________________ By:__________________________________ Print Name_____________________ ___________________________________ ______________________________ Print Name Print Name_____________________ As to Developer 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 _______________, 2017, 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 ____________________, 2017, 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: EXHIBIT “D” COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: __________________________________________ __________________________________________ _________________________________________ COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this _____ day of _____________, 2017, by GULFVIEW LODGING, LLP (“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 Hotel Density Reserve Development Agreement dated ___________, 2017 (the "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 Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Covenant. 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 limited-service hotel project, as described in the 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 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. IN WITNESS WHEREOF, Developer has caused this Covenant to be executed this _____ day of ______________, 2017. In the Presence of: _____________________________________ ___________________ ______________________________ By:__________________________________ Print Name_____________________ _________________________________ Print Name ______________________________ Print Name_____________________ As to Developer 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 ______________, 2017, 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 ____________________, 2017, 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: 355 S. Gulfview Blvd 2017 1 Beach by Design Criteria A. Density: DESIGN RESPONSE: The project will maintain an overnight accommodation density of 150 units per acre based on a 0.59 acre parcel. The total number of units proposed for overnight accommodations is 88. B. Height & Separation: DESIGN RESPONSE: 1. Height: The highest base flood elevation on site is (VE) 13 feet. The maximum allowable building height is 100’-0” above the base flood elevation. The requested building height is 100’-0” above the Design Flood Elevation (DFE) of 15.00 FT. (BFE: VE 13 + 2’ Freeboard.), to top of roof of the Roof-top amenity area, and 100’-0” to top of roof top mechanical and stair towers. 2. Separation: The proposed hotel is at 100’, no separation requirements apply. 3. Floor plate: a. Between 45 feet in height and 100’ there is no part of the floorplate that exceeds 25,000 square feet. The typical floorplate above the 3rd floor is approximately 13,400 square feet. b. The mass and scale of the design creates a stepped and tiered effect and the maximum building envelope above 45 feet is 52% volumetrically, significantly below the 75% allowance for buildings with units allocated from the Hotel Pool. C. Design, Scale and Mass of Building: 1. Buildings with a footprint of greater than 5000 square feet or a single dimension of greater than one hundred (100) feet will be constructed so that no more than two (2) of the three (3) building dimensions in the vertical or horizontal planes are equal in length. For this purpose, equal in length means that the two lengths vary by less than forty (40%) of the shorter of the two (2) lengths. The horizontal plan measurements relate to the footprint of the building. DESIGN RESPONSE: The massing of the proposed project is comprised of an “L” shaped building with a narrow 38’ wide leg along 5th Street and the wider (68’ wide) leg along Coronado 355 S. Gulfview Blvd 2017 2 Drive, sitting on a 2-story 24’ tall parking base, and intersecting at the corner of 5th and Coronado. The 2-story parking garage extends southward along Coronado Dr. The intent of this portion of Beach by Design is to avoid boxy static building designs; this building incorporates significant movement and massing articulation and provides for a varied and energetic massing design. See attached plans and elevations, 2. No plane of a building may continue uninterrupted for greater than one hundred linear feet (100’). For the purpose of this standard, interrupted means an offset of greater than five feet (5’). DESIGN RESPONSE: The proposed building design adds many steps to the building facades such that no one surface is longer than 100 feet without a break in the façade. See attached plans and elevations; there is an exception to this for the eastern and western garage facades and along the 5th Street parking ramp. The ramp is longer than 100 feet and notching the building is not practical given the narrow dimension of the property and our desire to maintain the minimum required 5’ side yard setback. Adding a building offset at this façade would either reduce the side setback to below 5’ or reduce the parking on each of the parking levels. We visually broke up the length of this one area of the building with articulated openings and decorative concrete wall panels. This portion of the building is also the lowest, at 24’, and least imposing on the surrounding properties. 3. At least sixty percent (60%) of any elevation will be covered with windows or architectural decoration. For the purpose of this standard, an elevation is that portion of a building that is visible from a particular point outside the parcel proposed for development. DESIGN RESPONSE: In the proposed elevation design, a significant portion of each façade is composed of windows, balconies, wood screens and articulated façade elements. The result is that over 70% of each of the primary façades is covered in windows and/or architectural decoration and the minor North elevations meets the 60% requirements through decorative panels. West Elevation: 26,310 SF area > 11,153 SF opening and decoration = 72% East Elevation: 14,409 SF area > 11,150 SF opening and decoration = 77% North Elevation: 24,099 SF area > 14,508 SF opening and decoration = 60% South Elevation: 23,027 SF area > 16,855 SF opening and decoration = 73% See attached plans and elevations 4. No more than sixty percent (60%) of the theoretical maximum building envelope located above forty-five feet (45’) will be occupied by a building. However, in 355 S. Gulfview Blvd 2017 3 those instances where an overnight accommodations use on less than 2.0 acres that has been allocated additional density via the Hotel Density Reserve, no more than seventy-five percent (75%) of the theoretical maximum building envelope located above forty-five feet (45’) may be occupied by a building unless the property is located between Gulfview Boulevard and the Gulf of Mexico, then no more than 70% may be occupied by a building. DESIGN RESPONSE: The proposed design occupies 52% of the “Theoretical Building Envelope” above 45’. This is significantly less than the allowable 75%. 5. The height and mass of buildings will be correlated to: (1) the dimensional aspects of the parcel of the parcel proposed for development and (2) adjacent public spaces such as streets and parks. DESIGN RESPONSE: The building height is 95’ under the 100’ height, as dictated in Beach by Design. The height and mass of the building meets the design standards of Beach by Design. The massing of the building allows for landscape buffer areas of 12 feet along 5th Street, and 15’ along Coronado Dr. In addition to the greenspace surrounding the building the landscape design concept calls for 10’ wide public sidewalk on 5th Street and 7’ on Coronado Drive, and hardscape plazas at the hotel entry. See attached plans and elevations, 6. Buildings may be designed for a vertical or horizontal mix of permitting uses. DESIGN RESPONSE: The building will be designed to provide the public, hotel related uses, and a mix of overnight accommodation space, typical for a limited service hotel. The majority of the common spaces within the Hotel are intended strictly for the use of the hotel guests, and are typical uses and sizes for a Limited Service Hotel. Currently we are allocating 1,200 sq.ft. for a rooftop Tiki Bar as an accessory space. All other proposed common spaces within the hotel are those typical for the exclusive use of the hotel. The Tiki Bar totals 1.5% of the Hotel area, significantly less than the 10% accessory allowance. D. Setbacks & Stepbacks: 1. Rights-of-way. The area between the building and the edge of the pavement as existing and planned should be sufficiently wide to create a pedestrian-friendly environment. The distances from structures to the edge of the right-of-way should be: DESIGN RESPONSE: a) Fifteen feet (15') along arterials, and (Proposed 15.00’ on Coronado Drive), 0.00 ft on Gulfview Blvd., and 12’ on 5th Street. 355 S. Gulfview Blvd 2017 4 b) Twelve feet (12') along local streets. (Proposed 12.00’ on 5th Street) The 5th Street setback is equal to the 12’ setback prescribed in BbD. 2. Side and Rear Setbacks Side and rear setbacks shall be governed by the provisions of the Tourist District of the Community Development Code unless otherwise prescribed in the applicable Character District provisions contained in Section II., Future Land Use. DESIGN RESPONSE: 5’ and 10’ setbacks proposed. 3. Coronado Drive Setbacks and Stepbacks. To reduce upper story massing along the street and ensure a human scale street environment, buildings using the hotel density reserve along Coronado Drive and Hamden Drives shall be constructed in accordance with the following: a. Buildings constructed with a front setback of fifteen feet (15’) or more shall stepback with a minimum depth of fifteen feet (15’) from the setback line at a height not more than twenty-five feet (25’). DESIGN RESPONSE: Along Coronado Drive, the proposed building is setback back 15’ from the ROW line and has an additional 15’ stepback at 25’ (above BFE) for approximately 75% of the building frontage. Please see Elevations, plans, and isometric massing study. b. Buildings constructed with a front setback greater than or equal to ten feet (10’) and less than fifteen feet (15’) shall stepback at a height not more than twenty feet (20’). The required stepback/ setback ratio is one and one-half feet (1.5’) for every one foot (1’) reduction in setback in addition to the minimum stepback of fifteen feet (15’). DESIGN RESPONSE: N/A c. Buildings constructed with a front setback of less than ten feet (10’) shall provide a building stepback required stepback/ setback ratio is two and one-half feet (2.5’) for every one foot (1’) reduction in setback in addition to the minimum stepback of fifteen feet (15’). DESIGN RESPONSE: N/A 355 S. Gulfview Blvd 2017 5 c. To achieve upper story facade variety and articulation, additional stepbacks may be required. To avoid a monotonous streetscape, a building shall not replicate the stepback configuration of the neighboring buildings including those across rights-of-way. DESIGN RESPONSE: The neighboring buildings along Coronado Drive are low rise buildings and the proposed design does not mimic or mirror the existing buildings. e. Required step backs shall span a minimum of 75% of the building frontage width. DESIGN RESPONSE: The required step backs span approximately 77% of the building frontage along Coronado Drive. The proposed design brings certain appropriate and reasonable portions of the building forward to create appropriate mass, presence and a sense of entry along Coronado Dr. and 5th Street. Overall the entire façade steps back at the 23’ level, with a portion of the building, at the corner of 5th and Coronado stepping forward. This is to accent the corner and add the required 100’ offset. E. Street-Level Facades The human scale and aesthetic appeal of street-level facades, and their relationship to the sidewalk, are essential to a pedestrian-friendly environment. Accordingly: 1. at least sixty percent (60%) of the street level facades of buildings used for nonresidential purposes which abut a public street or pedestrian access way, will be transparent. For the purpose of this standard: a) street level facade means that portion of a building facade from ground level to a height of twelve feet (12') DESIGN RESPONSE: At least 60% of the street level facades are transparent. The facades include significant amount of glazed storefront at the building entry as well as the Porte Cochere and building entrance on 5th, and along Hamden Drive the view into the garage is decoratively screened with metal green screening. Additionally, as defined below, the buildings are setback approximately 15 feet or more from all three street front facades, so the streetscapes are effectively 100% transparent. See attached plans and elevations, 355 S. Gulfview Blvd 2017 6 b) transparent means windows or doors that allow pedestrians to see into: i. the building, or ii. landscaped or hardscaped courtyard or plazas, where street level facades are set back at least fifteen feet (15') from the edge of the sidewalk and the area between the sidewalk and the facade is a landscaped or yardscaped courtyard DESIGN RESPONSE: The buildings step back 15 feet or more from all three street front facades, so the streetscapes are effectively 100% transparent. See attached plans and elevations, c) parking structures should utilize architectural details and design elements such a false recessed windows, arches, planter boxes, metal grillwork, etc. instead of transparent alternatives. When a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. DESIGN RESPONSE: The design proposes decoratively screened and articulated garage openings on the first two levels. be modulated to coordinate with the general rhythm and pattern of the other building façade openings and windows. See attached plans and elevations, 2. Window coverings, and other opaque materials may cover not more than 10% of the area of any street-level window in a nonresidential building that fronts on a public right-of way. DESIGN RESPONSE: Because this building is situated in the VE Flood zone, other than the building entry and elevator lobby there are no other uses on the ground floor other than entry and vehicle use areas. Not more than 10% of the area of any street-level windows are opaqued, 3. Building entrances should be aesthetically inviting and easily identified. Goods for sale will not be displayed outside of a building, except as a permitted temporary use. This standard does not apply to outdoor food service establishments. DESIGN RESPONSE: The Primary building entrance is at the West end of the building along 5th Street. The entrance is via a large motor court with sidewalk access along the west side of the Porte cochere and a direct link to the beach walk at the north side of the Porte 355 S. Gulfview Blvd 2017 7 cochere. We are also proposing a sidewalk café type of area between beach walk and the building face, visually connecting to the entry and Porte cochere.. There is sidewalk access from the 5th street sidewalk as well as from the existing Beach-walk path. Pedestrian 4. Awnings and other structures that offer pedestrians cover from the elements are recommended. Awnings help define entryways and provide storefront identity to both pedestrians and drivers. DESIGN RESPONSE: The design proposes a cantilevered wood trellis 5th Street hotel entry and Porte Cochere. These façade articulations will serve to identify the available hotel activity areas and entrances. See attached plans and elevations F. Parking Areas To create a well-defined and aesthetically appealing street boundary, all parking areas will be separated from public rights of way by a landscaped decorative wall, fence or other opaque landscape treatment of not less than three feet (3’) and not more than three and one-half feet (3½’) in height. Surface parking areas that are visible from public streets or other public places will be landscaped such that the parking areas are defined more by their landscaping materials than their paved areas when viewed from adjacent property. The use of shade trees is encouraged in parking lots. However, care should be taken to choose trees that do not drop excessive amounts of leaves, flowers, or seeds on the vehicles below. Entrances to parking areas should be clearly marked in order to avoid confusion and minimize automobile-pedestrian conflicts. Attractive signage and changes to the texture of the road (such as pavers) are recommended. When a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. DESIGN RESPONSE: The design proposes decoratively screened and articulated garage openings on the first two levels. The lighting within the garages shall conform to the City of Clearwater Code. G. Signage Signage is an important contributor to the overall character of a place. However, few general rules apply to signage. Generally, signage should be creative, unique, simple, and discrete. Blade signs, banners and sandwich boards should not be discouraged, but signs placed on the sidewalk should not obstruct pedestrian traffic. 355 S. Gulfview Blvd 2017 8 DESIGN RESPONSE: Signage shall be designed per code and a comprehensive signage package submitted for approval along with the building permit. H. Sidewalks Sidewalks along arterials and retail streets should be at least ten feet (10’) in width. All sidewalks along arterials and retail streets will be landscaped with palm trees, spaced to a maximum of thirty-five feet (35') on centers, with “clear grey” of not less than eight feet (8'). Acceptable palm trees include sabal palms (sabal palmetto), medjool palms (phoenix dactylifera ‘medjool’), and canary island date palms (phoenix canariensis). Sidewalks along side streets will be landscaped with palms (clear trunk of not less than eight feet (8')) or shade trees, spaced at maximum intervals of thirty-five feet (35') on centers. Portions of required sidewalks may be improved for nonpedestrian purposes including outdoor dining and landscape material, provided that: 1. movement of pedestrians along the sidewalk is not obstructed; and 2. on-pedestrian improvements and uses are located on the street side of the sidewalk. Distinctive paving patterns should be used to separate permanent sidewalk café improvements from the pedestrian space on the sidewalk. To enhance pedestrian safety and calm traffic, distinctive paving should also be used to mark crosswalks. DESIGN RESPONSE: Sidewalks are proposed for 7’ wide along Coronado Drive, to match existing adjacent and 10 foot wide on 5th Street. Landscaping shall be designed per code and shall be submitted for approval at DRC application. I. Street Furniture and Bicycle Racks Street furniture, including benches and trash receptacles should be liberally placed along the sidewalks, at intervals no greater than thirty linear feet (30') of sidewalk. Bicycle racks should also be provided, especially near popular destinations, to promote transportation alternatives. Complicated bicycle rack systems should be avoided. The placement of street furniture and bicycle racks should not interrupt pedestrian traffic on the sidewalk. DESIGN RESPONSE: Street Benches and trash receptacles area proposed along Coronado Drive and 5th Street and shall be designed per code and submitted for approval at building permit. We are proposing to install a bicycle rack within the Porte cochere area. 355 S. Gulfview Blvd 2017 9 J. Street Lighting Street lighting should respond to the pedestrian-oriented nature of a tourist destination. In this context, it should balance the functional with the attractive – providing adequate light to vehicular traffic, while simultaneously creating intimate spaces along the sidewalks. Clearwater’s historic lighting is an attractive, single-globe fixture atop a cast-iron pole. DESIGN RESPONSE: Street lighting, it has not been decided if lighting is to be provided, if the ownership determines that they wish to provide street lighting, it shall be designed per code and submitted for approval at building permit. K. Fountains Fountains provide attractive focal points to public spaces and add natural elements to urban environments. They should be interesting, engaging and unique. While it is important not to overburden architectural creativity regarding fountains, they should meet at least the following standards in order to be a functional and attractive component of the public space: 1. They should be supplemented with street furniture such as benches and trash receptacles, and 2. They should have rims that are: a. Tall enough to limit unsupervised access by small children, and b. Wide enough to permit seating. Fountains should be encouraged in landscaped and hardscaped courtyards and plazas. DESIGN RESPONSE: There are no fountains planned for the property, at this time. L. Materials and Colors 1. Facades Finish materials and building colors will reflect Florida or Coastal vernacular themes. All awnings should contain at least three (3) distinct colors. Bright colors will be limited to trims and other accents. Glass curtain walls are prohibited. 355 S. Gulfview Blvd 2017 10 DESIGN RESPONSE: The design is primarily Coastal Contemporary and is primarily white stucco with warm, natural colored wood building panels and wood balcony separation panels. At the first two floors and primarily at the Porte Cochere The columns and walls are to be whitewashed brick, to provide a more organic “homey” texture. The parking is primarily shielded by decorative vertical concrete panels, spaced adequately to shield the vehicles from view while still providing adequate ventilation. All colors are anticipated to follow the BbD color palate. 2. Sidewalks Sidewalks will be constructed of: a. Pavers; b. Patterned, distressed, or special aggregate concrete; or c. Other finished treatment that distinguishes the sidewalks from typical suburban concrete sidewalks. Materials should be chosen to minimize the cost and complexity of maintenance. DESIGN RESPONSE: Proposed sidewalks will be designed using several coordinating paver styles as well as concrete. 3. Street Furniture Street furniture will be constructed of low-maintenance materials, and will be in a color that is compatible with its surroundings. DESIGN RESPONSE: Concrete street benches are being proposed along Coronado Drive. Designs shall be coordinated with City staff. 4. Color Palette A recommended palette for building colors is presented on the following page. DESIGN RESPONSE: The building shall utilize the BbD color palates and natural wood tones. UPDATED 06-02-2017 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 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 10- 14-16 405 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 10-14-16 401 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 10- 14-16 706 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 void status. Current permit BCP2017-04049 references FLD2016-12039 which is for Resort Attached Dwellings. HDA Termination pending - scheduled for Council June 14 and July 20, 2017 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 10-14-16 691 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 10-14-16 715 South Gulfview Boulevard 93 208 2.313 89.93 115 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 10-14-16 657 Bay Esplanade 10 27 0.35 77.14 17 N/A 3/2/2017 3/9/2018 3/9/2018 HDA2016-09001 Total Rooms Allocated from Reserve 843 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 355 South Gulfview Boulevard 59 88 0.59 149.15 29 N/A HDA2017-04001 Total Rooms Pending Allocation 59 Total Rooms in Reserve 1,385 Total Rooms Allocated from Reserve 1,306 Total Rooms Pending Allocation 59 Total Remaining For Allocation 20 Resolution No. 17-01 RESOLUTION NO. 17-19 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND GULFVIEW LODGING, LLP; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with GULFVIEW LODGING, LLP; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Development Agreement between the City of Clearwater and GULFVIEW LODGING, LLP, a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the 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 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: TA2017-03005(1) Agenda Date: 6/14/2017 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.8 SUBJECT/RECOMMENDATION: Approve amendments to the Community Development Code relating to signage and pass Ordinance 9029-17 on first reading. (TA2017-03005) SUMMARY: In 2015, the United States Supreme Court issued a decision in Reed v. Town of Gilbert, Ariz., - U.S.-, 135 S. Ct. 2218 (2015), which requires temporary signs to be regulated in a content-neutral manner. This ruling requires amendments to the Clearwater Community Development Code as temporary signs are currently regulated by sign message. The Court also confirmed the decision in Walker v. Texas Division, Sons of Confederate Veterans, Inc. 135, S. Ct. 2239 (21015) which essentially exempts government speech from 1st Amendment scrutiny. Additionally, in 2016, City Council discussed their desires to consider expanding uses eligible for electronic changeable message signs. Proposed Ordinance 9029-17 implements recommendations by the City’s outside legal counsel regarding temporary signs, government signs and electronic changeable message signs, as well as limited amendments generated by the Planning and Development Department. Below is a summary of the substantive amendments included in the ordinance. ·Deletes existing temporary sign regulations and replaces them with two new tables in Section 3-1806 (one for sidewalks signs and one for all other temporary signs). Retains existing regulations for sidewalk signs but presents them in a new format and provides new standards (size, height, location, etc.) for the all other temporary signs. ·Exempts government signs from the sign regulations. ·Reorganizes existing provisions regulating electronic changeable message signs, allows schools and places of worship to incorporate them in freestanding signs and establishes design criteria for all such signs. ·Revises flag provisions. ·Creates limited flexibility for the required setback for freestanding signs. ·Adds requirement for street address signs. ·Adds general sign maintenance provisions. ·Increases allowable sign area for schools. The Community Development Board (CDB) reviewed proposed Ordinance 9029-17 at its May 16, 2017 meeting and unanimously recommended approval. Page 1 City of Clearwater Printed on 6/13/2017 Community Development Board –May 16, 2017 TA2017-03005 –Page 1 PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE:May 16, 2017 AGENDA ITEM:E. 3. CASE:TA2017-03005 ORDINANCE NO.:9029-17 REQUEST:Review and recommendation to the City Council, of amendments to the Community Development Code Regarding Signage. INITIATED BY:City of Clearwater, Planning and Development Department BACKGROUND: In June 2015, the United States Supreme Court issued a decision in Reed v. Town of Gilbert, Ariz., -U.S.-, 135 S. Ct. 2218 (2015) which clarified that temporary signs must be regulated in a content-neutral manner. This ruling impacted sign codes across the country, including Clearwater’s, because temporary signs are typically regulated by sign message. The Community Development Code currently provides specific regulations for temporary signs including real estate, election, free expression, construction, etc. These regulations are content-based and must be revised. The Court also confirmed in June 2015 that government speech is not subject to First Amendment scrutiny in Walker v. Texas Division, Sons of Confederate Veterans, Inc. 135 S.Ct. 2239 (2015). This has implications for the City’s sign ordinance because there are a number of regulations for a variety of government signs. City Council authorized the City Attorney to hire William D. Brinton, Rogers Towers, P.A. as outside counsel to review the sign code and make recommendations on any amendments necessary to make the Clearwater sign code consistent with the Reed decision. In August, City Council discussed expanding the uses that are eligible to have electronic changeable message signs and directed staff to prepare code amendments for Council’s consideration. The Planning and Development Department reviewed ordinances from across the country, considered Council’s discussion and worked with the City’s outside legal counsel to develop some targeted amendments for Council’s consideration. Community Development Code Text Amendment Planning & Development Department Community Development Board – May 16, 2017 TA2017-03005 – Page 2 ANALYSIS: Proposed Ordinance No. 9029-17 implements recommendations by the City’s outside legal counsel to address the decisions of the Reed and Walker cases. It also includes limited changes to the electronic changeable message sign provisions and includes several amendments generated by the Planning and Development Department. The ordinance revises Community Development Code Article 8, Definitions and Rules of Construction with regard to certain sign definitions. It also deletes and replaces Article 3, Division 18, Sections 3-1805 General Standards and 3-1806 Signs without a Permit in their entirety. Sign provisions found in these subsections not related to temporary or government signs will remain, but are reorganized and located in the new Section 3-1805 entitled General Provisions for Signs. Section 3-1806 is re-titled and limited to regulations for temporary signs. The ordinance also includes one amendment to Article 3, Division 21, Temporary Uses pertaining to signage. Proposed Amendments Addressing Temporary Signs Amendments addressing the Reed case primarily focus on the deletion of definitions of temporary sign types and their associated regulations. This includes definitions and regulations specific to construction, real estate, election, free expression, garage/yard sale and public purpose signs, as well as those for allowable temporary uses. Proposed new Code Section 3-1806, Temporary Uses, includes two new tables - one which regulates sidewalk signs and the other which sets forth parameters for all other temporary signs. While Table 3-1806.1.a is new, all of the current sidewalk sign requirements have been incorporated into the table and footnotes. In addition to primary retail and restaurant uses, the Planning and Development Department is proposing that valet stands and parking garages/lots also be permitted to erect a sidewalk sign. Such signs for these two uses will assist the traveling public in making decisions about where to park, which can positively impact traffic circulation in the vicinity of these uses. While the Code currently allows a valet stand to have a small sign (4 square feet), this proposed revision would allow a larger, more visible sidewalk sign. Proposed Table 3-1806.1b sets forth the criteria and limitations for temporary signs. Allowances for sign area, height, location, number of signs allowed per property, spacing, etc. are determined by the property’s location in a either a residential or nonresidential zoning district. As proposed, the regulations are content neutral and address the issues identified by the Reed decision. The new regulations will allow non-residentially zoned properties to have up to four signs, 16 square feet each, and residentially zoned properties up to eight signs, 4 square feet each. All signs must be separated by a distance of 15 feet. Proposed Amendments for Electronic Message Center Signs To address feedback received from City Council about its desire to consider electronic changeable message signs for certain institutional uses, the Planning and Development Department is proposing changes to several sections of the sign code. Specifically, proposed Section 3-1807.B.6 confirms that electronic changeable message signs may be used for fuel price and menu signs, and for facilities and venues with more than 2000 seats; it also allows them for schools and places of worship. To ensure a high quality appearance is presented, certain design standards are also proposed. Electronic changeable message areas shall be: Community Development Code Text Amendment Planning & Development Department Community Development Board – May 16, 2017 TA2017-03005 – Page 3 limited to 40% of the total sign face area located on the lower portion of the sign face contiguous to the other sign copy area (no gaps) architecturally integrated into the design of the sign face consistent with the width and depth of the sign cabinet In addition to the above criteria, new illumination standards have been added to Code Section 3- 1805.G.1 that regulate the brightness levels of self-luminous signs during the daytime and nighttime. These standards are important because electronic signs can generate significant amounts of light that can create negative impacts on surrounding properties. The existing provisions regarding the prohibition of animated signs, etc. will remain in effect as well. Lastly, the dwell time of messages is proposed to be one hour instead of the current six hour rule. Other Proposed Amendments In addition to the main subjects of this ordinance, the Planning and Development Department, as well as the outside legal counsel, proposed some additional amendments. In response to the U.S. Supreme Court confirming the Walker case, government signs are proposed to be exempt from the sign regulations (Section 3-1803 Exempt Signs). Several other amendments are made throughout the sign ordinance to recognize these signs are no longer subject to Article 3, Division 18. The flag provisions are being revised, primarily with regard to the number of flags on non-residential property and the establishment of a maximum flag size of 24 square feet. Flags on nonresidential properties less than .5 acres will be permitted one flagpole with two flags and on those over .5 acres up to 3 flagpoles with two flags per flagpole. Currently each nonresidential parcel is permitted three flags. The existing Code does not provide guidance on whether or not that means flags or flagpoles. The Planning and Development Department conducted a study of sites with flags and determined the proposed amendments are reasonable and consistent with the community character. A flexibility provision is proposed for the required five foot setback for freestanding signs based on the presence of physical site constraints. Due to concerns about maintenance and quality issues, the proposed ordinance eliminates the ability to use banners or flags as permanent freestanding and attached signage. Language regarding street address signs is being revised to require address signs. A new provision is being added that requires signs to be maintained in good repair and landscaping around signs to be properly maintained and free of litter. The amount of signage allowed for a school is proposed to be increased from 20 square feet to 50 square feet and increased from six feet in height to 14 feet because the majority of schools are located in nonresidential zoning districts. Furthermore, it would be impractical to accommodate an electronic changeable message area within a 20 square foot sign. CRITERIA FOR TEXT AMENDMENTS: CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: Community Development Code Text Amendment Planning & Development Department Community Development Board – May 16, 2017 TA2017-03005 – Page 4 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goals, Objectives and Policies which will be furthered by the proposed Code amendments: Goal A.3 The City of Clearwater shall ensure that all development or redevelopment initiatives meet the safety, environmental, and aesthetic needs of the City through consistent implementation of the Community Development Code. The general principles and purposes of Division 18 recognize that safety and community appearance are of paramount interest to the City of Clearwater and all regulations contained in Ordinance No 9029-17 implement those purposes and principles. Appropriate sign regulations are critical in creating a safe and attractive environment. Amendments are necessary to bring consistency with the City’s sign ordinance and the Reed case. Revisions allowing the very limited use of electronic changeable message signs for certain institutional uses, along with design standards, limited dwell times and illumination standards will ensure safety and aesthetic concerns are met. New maintenance standards and the elimination of banners as allowable permanent signs will have a positive impact on the aesthetic needs of the City. Objective A.3.1 All signage within the City of Clearwater shall be consistent with the Clearwater sign code, as found within the Community Development Code, and all proposed signs shall be evaluated to determine their effectiveness in reducing visual clutter and in enhancing the safety and attractiveness of the streetscape. Proposed Ordinance No. 9029-17 includes amendments which balance citizen and business needs for temporary signage with the City’s objective to have an uncluttered, safe and attractive environment. The proposed permitted sign area and number of signs is sufficient for those purposes. Design standards established for electronic changeable message signs, along with the limited use of them, will minimize their impact on the visual environment and help maintain an attractive visual and business environment. Establishing limits on illumination for such signs, in conjunction with the reasonable allowances for sign area, and limited land uses that can erect them, will greatly aid in minimizing and preventing visual clutter, enhancing safety and maintaining an attractive community. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments will further the purposes of the CDC in that it will be consistent with the following purposes set forth in Section 1-103. Community Development Code Text Amendment Planning & Development Department Community Development Board – May 16, 2017 TA2017-03005 – Page 5 It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.A., CDC). It is the further purpose of this Development Code to make beautification of the city a matter of the highest priority and to require that existing and future uses and structures in the city are attractive and well-maintained to the maximum extent permitted by law. (Section 1-103.D, CDC) Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city.(Section 1-103.E.2, CDC) Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the city’s economic underpinnings. (Section 1-103.E.5, CDC) Coordinate the provisions of this Development code with corollary provisions related to parking, fences and walls, signs, minimum habitable area and like supplementary requirements designed to establish an integrated and complete regulatory framework for the use of land and water within the city.(Section 1-103.E.12, CDC) The amendments proposed in Ordinance No. 9029-17 will further the above referenced purposes by implementing the Comprehensive Plan policies related to signage, establishing a regulatory framework that limits the height, size, number and setback of temporary signs, regardless of duration and content, and in a manner that promotes vehicular and pedestrian safety. Furthermore, the temporary sign amendments and those associated with electronic changeable message signs will not result in signage that contributes to clutter or distracts from the City’s community character. An attractive built environment will be maintained which will contribute to the economic stability of the City. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code seek to remove any content bias and to simplify the process of regulating temporary signs. While it expands the uses allowed to make use of electronic changeable message signs, it provides for design standards, illumination and dwell time standards that will ensure a high quality use of such sign. The proposed ordinance is consistent with and will further the goals of the Clearwater Comprehensive Plan and the purpose of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 9029-17 that amends the Community Development Code. Community Development Code Text Amendment Planning & Development Department Community Development Board – May 16, 2017 TA2017-03005 – Page 6 Prepared by Planning and Development Department Staff: Gina L. Clayton Assistant Planning and Development Director ATTACHMENTS: Ordinance No. 9029-17 ORDINANCE NO. 9029-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA RELATING TO SIGNS; MAKING FINDINGS; AMENDING SECTION 102 (DEFINITIONS) OF ARTICLE 8 (DEFINITIONS AND RULES OF CONSTRUCTION) OF THE COMMUNITY DEVELOPMENT CODE; AMENDING SECTION 3-1801 (GENERAL PRINCIPLES); AMENDING SECTION 3-1803 (EXEMPT SIGNS), AMENDING SECTION 3-1804 (PROHIBITED SIGNS), DELETING SECTION 3-1805 (GENERAL STANDARDS) AND ADDING A NEW SECTION 3-1805 (GENERAL PROVISIONS FOR SIGNS); DELETING SECTION 3-1806 (SIGNS PERMITTED WITHOUT A PERMIT) AND ADDING A NEW SECTION 3-1806 (TEMPORARY SIGNS); AND AMENDING SECTION 3-1807 (PERMITTED SIGNS REQUIRING DEVELOPMENT REVIEW); DELETING SUBSECTION 3-2102.D AND RENUMBERING THE FOLLOWING SUBSECTIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Clearwater finds and determines that Chapter 163, Part II, Florida Statutes, continues to require counties and municipalities to adopt local land development regulations that shall, inter alia, regulate signage [s. 163.3202(2)(f)]; WHEREAS,the City of Clearwater finds and determines that it is appropriate to update and revise its Community Development Code relative to signage; WHEREAS, the City of Clearwater finds and determines that it is appropriate to delete sections, subsections, paragraphs, subparagraphs, divisions, subdivisions, clauses, sentences, phrases, words, and provisions of the existing ordinance which are obsolete or superfluous, and/or which have not been enforced, and/or which are not enforceable, and/or which would be severable by a court of competent jurisdiction; WHEREAS,the City of Clearwater finds and determines that it is appropriate to ensure that the Land Development Code as it relates to signs is in compliance with all constitutional and other legal requirements; WHEREAS,the City of Clearwater finds and determines that the purpose, intent and scope of its signage standards and regulations should be detailed so as to affirm that the sign standards and regulations are concerned with the secondary effects of speech and are not designed to censor speech or regulate the viewpoint of the speaker; WHEREAS,the City of Clearwater finds and determines that the limitations on the size (area), height, number, spacing, and setback of signs, adopted herein, are based upon sign types; WHEREAS,the City of Clearwater finds and determines that limitations on signs are related to the zoning districts for the parcels and properties on which they are located; WHEREAS,the City of Clearwater finds and determines that various signs that serve as signage for particular land uses, such as drive-through lanes for businesses, are based upon content-neutral criteria in recognition of the functions served by those land uses, but not based -2- upon any intent to favor any particular viewpoint or control the subject matter of public discourse; WHEREAS,the City of Clearwater finds and determines that the sign standards and regulations adopted hereby still allow adequate alternative means of communications; WHEREAS,the City of Clearwater finds and determines that the sign standards and regulations adopted hereby allow and leave open adequate alternative means of communications, such as newspaper advertising and communications, internet advertising and communications, advertising and communications in shoppers and pamphlets, advertising and communications in telephone books, advertising and communications on cable and satellite television, advertising and communications on UHF and/or VHF television, advertising and communications on AM and/or FM radio, advertising and communications on satellite and internet radio, advertising and communications via direct mail, and other avenues of communication available in the City of Clearwater [see State v. J & J Painting, 167 N.J. Super. 384, 400 A.2d 1204, 1205 (Super. Ct. App. Div. 1979); Board of Trustees of State University of New York v. Fox, 492 U.S. 469, 477 (1989); Green v. City of Raleigh, 523 F.3d 293, 305-306 (4th Cir. 2007); Naser Jewelers v. City of Concord, 513 F.3d 27 (1st Cir. 2008); Sullivan v. City of Augusta, 511 F.3d 16, 43-44 (1st Cir. 2007); and La Tour v. City of Fayetteville, 442 F.3d 1094, 1097 (8th Cir. 2006 WHEREAS, the City of Clearwater finds and determines that the provisions of Division 18 that amend portions of the current Division IV are consistent with all applicable goals, objectives and policies of the City’s adopted Comprehensive Plan, including Goal A.3, Objective A.3.1, and Policies A.3.1.1, A.3.1.2 and A.3.1.3; WHEREAS,the City of Clearwater finds and determines that these amendments are not in conflict with the public interest; WHEREAS,the City of Clearwater finds and determines that these amendments will not result in incompatible land uses; WHEREAS,the City of Clearwater recognizes that under established Supreme Court precedent, a law that is content-based is subject to strict scrutiny under the First Amendment of the U.S. Constitution, and such law must therefore satisfy a compelling governmental interest; WHEREAS,the City of Clearwater recognizes that under established Supreme Court precedent, a compelling government interest is a higher burden than a substantial or significant governmental interest; WHEREAS,the City of Clearwater recognizes that under established Supreme Court precedent, aesthetics is not a compelling governmental interest but is a substantial governmental interest; WHEREAS,the City of Clearwater recognizes that until a recent Supreme Court decision released in June 2015, there had not been clarity as to what constitutes a content-based law as distinguished from a content-neutral law; -3- WHEREAS,the City of Clearwater recognizes that in Reed v. Town of Gilbert, Ariz., — U.S. —, 135 S. Ct. 2218, (2015), the United States Supreme Court, in an opinion authored by Justice Thomas, and joined in by Chief Justices Roberts, Scalia, Alito, Kennedy and Sotomayor, addressed the constitutionality of a local sign ordinance that had different criteria for different types of temporary noncommercial signs; WHEREAS,the City of Clearwater recognizes that in Reed, the Supreme Court held that content-based regulation is presumptively unconstitutional and requires a compelling governmental interest; WHEREAS,the City of Clearwater recognizes that in Reed, the Supreme Court held that government regulation of speech is content based if a law applies to particular speech because of the topic discussed or the idea or message expressed; WHEREAS,the City of Clearwater recognizes that in Reed, the Supreme Court held that even a purely directional message, which merely gives the time and location of a specific event, is one that conveys an idea about a specific event, so that a category for directional signs is therefore content-based, and event-based regulations are not content neutral; WHEREAS,the City of Clearwater recognizes that in Reed, the Supreme Court held that if a sign regulation on its face is content-based, neither its purpose, nor function, nor justification matter, and the sign regulation is therefore subject to strict scrutiny and must serve a compelling governmental interest; WHEREAS, the City of Clearwater recognizes that in Reed,Justice Alito in a concurring opinion joined in by Justices Kennedy and Sotomayor pointed out that municipalities still have the power to enact and enforce reasonable sign regulations; WHEREAS,the City of Clearwater recognizes that Justice Alito in the concurring opinion joined in by Justices Kennedy and Sotomayor provided a list of rules that would not be content-based; WHEREAS,the City of Clearwater recognizes that Justice Alito noted that these rules, listed below, were not a comprehensive list of such rules; WHEREAS,the City of Clearwater recognizes that Justice Alito included the following rules among those that would not be content-based: (1) rules regulating the size of signs, which rules may distinguish among signs based upon any content-neutral criteria such as those listed below; (2) rules regulating the locations in which signs may be placed, which rules may distinguish between freestanding signs and those attached to buildings; (3) rules distinguishing between lighted and unlighted signs; (4) rules distinguishing between signs with fixed messages and electronic signs with messages that change; (5) rules that distinguish between the placement of signs on private and public property; (6) rules distinguishing between the placement of signs on commercial and residential property; (7) rules distinguishing between on-premises and off- premises signs [see discussion in Memorandum dated September 11, 2015 from Lawrence Tribe to Nancy Fletcher, President, Outdoor Advertising Association of America, re Applying the First Amendment to Regulations Distinguishing Between Off-premises and On-premises Signs After Reed v. Town of Gilbert]; (8) rules restricting the total number of signs allowed per mile of -4- roadway; and (9) rules imposing time restrictions on signs advertising a one-time event, where rules of this nature do not discriminate based on topic or subject and are akin to rules restricting the times within which oral speech or music is allowed; WHEREAS, the City of Clearwater recognizes that the distinction between the location of off-premises signs and on-premises signs is a time, place and manner regulation, and is not a content-based as noted by Justice Alito, and further recognizes that in 1978 in Suffolk Outdoor, over the objection of Justices Blackmun and Powell, the U.S. Supreme Court denied review of the underlying decision for the want of a substantial federal question and that the denial on this basis was a decision on the merits, wherein the decisions was framed by the petitioner’s jurisdictional statement which presented its first question as to whether a total ban on billboards within an entire municipality was constitutional, claiming that this disparate treatment of off- premises billboards from on-premises accessory signs was a violation of the First Amendment; WHEREAS,the City of Clearwater acknowledges that the significance of Suffolk Outdoor is that it was a merits decision that recognized that it is constitutionally permissible to distinguish between on-site signs and off-site signs (Billboards) for regulatory purposes, and to ban the latter, and that this merits decision has never been overturned; WHEREAS,the City of Clearwater recognizes that Justice Alito further noted that in addition to regulating signs put up by private actors, government entities may also erect their own signs consistent with the principles that allow governmental speech [see Pleasant Grove City, Utah v. Summum, 555 U.S. 460, 467-469 (2009)], and that government entities may put up all manner of signs to promote safety, as well as directional signs and signs pointing out historic sites and scenic spots and other destination locations identified as having significance under an official governmental wayfinding plan that meet the criteria for governmental speech; WHEREAS,the City of Clearwater recognizes that Justice Alito noted that the Reed decision, properly understood, will not prevent cities from regulating signs in a way that fully protects public safety and serves legitimate esthetic objectives, including rules that distinguish between on-premises and off-premises signs; WHEREAS,the City of Clearwater recognizes that as a result of the Reed decision, it is appropriate and necessary for local governments to review and analyze their sign standards and regulations, beginning with their temporary sign standards and regulations, so as to make the necessary changes to conform with the holding in Reed; WHEREAS,the City of Clearwater recognizes that government speech is not subject to First Amendment scrutiny as was confirmed by the United States Supreme Court in Walker v. Texas Division, Sons of Confederate Veterans, Inc., 135 S.Ct. 2239 (2015), released in June 2015 the same day as the Reed decision, and the Confederate Veterans decision has been followed as to government signs by the Eleventh Circuit in Mech v. School Bd. of Palm Beach County, 806 3d 1070 (11th Cir. 2015), cert. denied, --- S.Ct. ----, 2016 WL 2943619 (October 3, 2016); WHEREAS,the City of Clearwater recognizes that under established Supreme Court precedent, commercial speech may be subject to greater restrictions than noncommercial speech and that doctrine is true for both temporary signs as well as for permanent signs; -5- WHEREAS,the City of Clearwater finds and determines that under Florida law, whenever a portion of a statute or ordinance is declared unconstitutional, the remainder of the act will be permitted to stand provided: (1) the unconstitutional provisions can be separated from the remaining valid provisions; (2) the legislative purpose expressed in the valid provisions can be accomplished independently of those which are void; (3) the good and the bad features are not so inseparable in substance that it can be said that the legislative body would have passed the one without the other; and (4) an act complete in itself remains after the valid provisions are stricken [see, e.g., Waldrup v. Dugger, 562 So. 2d 687 (Fla. 1990)]; WHEREAS,the City of Clearwater finds and determines that there have been several judicial decisions where courts have not given full effect to severability clauses that applied to sign regulations and where the courts have expressed uncertainty over whether the legislative body intended that severability would apply to certain factual situations despite the presumption that would ordinarily flow from the presence of a severability clause; WHEREAS,the City of Clearwater finds and determines that the City has consistently adopted and enacted severability provisions in connection with its ordinance code provisions; and the City wishes to ensure that severability provisions apply to its land development regulations, including its sign standards; WHEREAS,the City of Clearwater finds and determines that there be an ample record of its intention that the presence of a severability clause in connection with the City’s sign regulations be applied to the maximum extent possible, even if less speech would result from a determination that any provision is invalid or unconstitutional for any reason whatsoever; WHEREAS, the City of Clearwater finds and determines that objects and devices such as graveyard and cemetery markers visible from a public area, vending machines or express mail drop-off boxes visible from a public area, decorations that do not constitute advertising visible from a public area, artwork that does not constitute advertising; a building’s architectural features visible from a public area, or a manufacturer’s or seller’s markings on machinery or equipment visible from a public area are not within the scope of what is intended to be regulated through “land development” regulations that pertain to signage under Chapter 163 of the Florida Statutes; WHEREAS, the City of Clearwater finds and determines that the aforesaid objects and devices are commonly excluded or exempted from being regulated as signs in land development regulations and sign regulations, and that extending a regulatory regime to such objects or devices would be inconsistent with the free speech clause of the First Amendment; WHEREAS, the City of Clearwater finds and determines that the preambles in Ordinance No. 8343-12 that pertain to those provisions of Division 18 that are not amended by this ordinance are still applicable today after the Reed decision; WHEREAS, the City of Clearwater finds and determines that the city is a resort community on the east coast of the state with several miles of beaches on the Gulf of Mexico and the City has an economic base which relies heavily on tourism; -6- WHEREAS, the City of Clearwater finds and determines that in order to preserve the city as a desirable community in which to live, vacation and do business, a pleasing, visually- attractive urban environment continues to be of foremost importance; WHEREAS, the City of Clearwater finds and determines that the regulation of signs within the city is a highly contributive means by which to achieve this desired end, and that the sign standards and regulations in Exhibit A attached to proposed Ordinance 9029-17 are prepared with the intent of enhancing the urban environment and promoting the continued well- being of the city; WHEREAS,the City of Clearwater finds and determines that Article II, Section 7, of the Florida Constitution, as adopted in 1968, provides that it shall be the policy of the state to conserve and protect its scenic beauty; WHEREAS,the City of Clearwater finds and determines that the regulation of signage for purposes of aesthetics is a substantial governmental interest and directly serves the policy articulated in Article II, Section 7, of the Florida Constitution, by conserving and protecting its scenic beauty; WHEREAS,the City of Clearwater finds and determines that the regulation of signage for purposes of aesthetics has long been recognized as advancing the public welfare; WHEREAS,the City of Clearwater finds and determines that as far back as 1954 the United States Supreme Court recognized that “the concept of the public welfare is broad and inclusive,” that the values it represents are “spiritual as well as physical, aesthetic as well as monetary,” and that it is within the power of the legislature “to determine that the community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully patrolled” [Justice Douglas in Berman v. Parker, 348 U.S. 26, 33 (1954)]; WHEREAS, the City of Clearwater finds and determines that aesthetics is a valid basis for zoning, and the regulation of the size of signs and the prohibition of certain types of signs can be based upon aesthetic grounds alone as promoting the general welfare [see Merritt v. Peters, 65 So. 2d 861 (Fla. 1953); Dade Town v. Gould, 99 So. 2d 236 (Fla. 1957); E.B. Elliott Advertising Co. v. Metropolitan Dade Town, 425 F.2d 1141 (5th Cir. 1970), cert. dismissed, 400 U.S. 805 (1970)]; WHEREAS,the City of Clearwater finds and determines that the enhancement of the visual environment is critical to a community’s image and its continued presence as a tourist destination; WHEREAS,the City of Clearwater finds and determines that the sign control principles set forth herein create a sense of character and ambiance that distinguishes the city as one with a commitment to maintaining and improving an attractive environment;. WHEREAS, the City of Clearwater finds and determines that the beauty of the City of Clearwater, both with regard to its natural and built and developed environment has provided the foundation for the economic base of the City’s development, and that the City’s sign regulations -7- not only help create an attractive community for its residents, but also bolster Clearwater’s image as a tourist destination; WHEREAS, the City of Clearwater finds and determines that the goals, objectives and policies from planning documents developed over the years, demonstrate a strong, long-term commitment to maintaining and improving the City’s attractive and visual environment; WHEREAS, the City of Clearwater finds and determines that, from a planning perspective, one of the most important community goals is to define and protect aesthetic resources and community character; WHEREAS, the City of Clearwater finds and determines that, from a planning perspective, sign regulations are especially important to cities with a tourist-based economy, and sign control can create a sense of character and ambiance that distinguishes one community from another; WHEREAS, the City of Clearwater finds and determines that preserving and reinforcing the uniqueness of a tourist community like Clearwater attracts tourists and, more importantly, establishes a permanent residential and commercial base to ensure the future viability of the community; WHEREAS, the City of Clearwater finds and determines that the purpose of the regulation of signs as set forth in Exhibit A to proposed Ordinance 9029-17 is to promote the public health, safety and general welfare through a comprehensive system of reasonable, consistent and nondiscriminatory sign standards and requirements; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to enhance the attractiveness and economic well-being of the city as a place to live, vacation and conduct business; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 pertaining to warning signs and unsafe signs are intended to serve a compelling government interest by protecting the public from the dangers; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 pertaining to traffic directional signage are intended to serve a compelling government interest by protecting pedestrians and motorists from harm; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to permit signs that are compatible with their surroundings and aid orientation, and to preclude placement of signs in a manner that conceals or obstructs adjacent land uses or signs; -8- WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to preclude signs from conflicting with the principal permitted use of the site or adjoining sites; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to require signs to be constructed, installed and maintained in a safe and satisfactory manner; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to preserve and enhance the natural and scenic characteristics of this coastal resort community; WHEREAS,the City of Clearwater finds and determines that the regulation of signage was originally mandated by Florida’s Local Government Comprehensive Planning and Land Development Regulation Act in 1985 (see Chapter 85-55, §14, Laws of Florida), and this requirement continues to apply to the City of Clearwater through Section 163.3202(2)(f), Florida Statutes, as referenced above; WHEREAS, the City of Clearwater finds and determines that it has adopted a land development code, known as the Community Development Code, in order to implement its Comprehensive Plan, and to comply with the minimum requirements in the State of Florida’s Growth Management Act, at Section 163.3202, Florida Statutes, including the regulation of signage and future land use; WHEREAS, the intent of flexibility in the design criteria for sidewalk signs in Table 3- 1806.1.e is to achieve a creatively designed sign that fosters an attractive, dynamic and vibrant urban environment that will enhance community character. WHEREAS, the City of Clearwater finds and determines that the Community Development Code is the manner by which the City has chosen to regulate signage; WHEREAS, the City of Clearwater finds and determines that the Community Development Code and its signage regulations were and are intended to maintain and improve the quality of life for all citizens of the City; -9- WHEREAS, the City of Clearwater finds and determines that in meeting the purposes and goals established in these preambles, it is appropriate to prohibit and/or to continue to prohibit certain sign types, as set forth in Division 18; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 8, Section 8-102, City of Clearwater Community Development Code, is hereby amended to read as follows, with deletions noted by strike-through and additions noted by underlining: * * * Decorations, holiday and seasonal mean decorations that pertain to legally or otherwise recognized holidays or to a season of the year. Decoration means any decoration visible from a public area that does not include lettering or text and is not displayed for commercial advertising. * * * Sign means any surface, fabric, device or display which bears lettered, pictorial or sculptured matter, including forms shaped to resemble any human, animal or product designed to convey information to the public and is visible from an abutting property, from a public street, sidewalk or right-of-way, or from a body of water. For the purpose of this development code, the term “sign” shall include all structural members. A sign shall be construed to form a single unit. In cases where matter is displayed in a random or unconnected manner without organized relationship of the components, each such component shall be considered a single sign. Except for banner, flags, temporary and portable signs, all signs shall be permanently affixed to, and/or incorporated into, the sign cabinet, or building wall or other base material. All signs shall be constructed of materials designed to be permanent, withstand weather conditions, and shall have permanent supports appropriate for its size. The term sign shall not include: artwork, holiday or seasonal decorations, cemetery markers, machinery or equipment signs, memorial signs or tablets. Sign, adopt a park or acknowledgment means a government sign that recognizes a sponsoring agency which has been given the opportunity to install and maintain landscaping in city rights-of-way or on a city-owned property at the site where the landscaping is located. * * * Sign, billboard means a non-point-of-sale sign that exceeds twenty-four square feet and which advertises a business, organization, event, person, place or thing or other commercial message. Sign, construction means a temporary on-premise sign that functions to identify -10- the ongoing construction activity during the time that a building permit is active and prior to completion of the work for which the permit was issued, and that may function to identify the contractor and/or any subcontractor engaged to perform construction activity on the site. * * * Sign, election means a temporary sign erected or displayed for the purpose of expressing support or opposition to a candidate or stating a position regarding an issue upon which the voters of the City may vote. * * * Sign, feather or flutter sign means a sign extending in a sleeve-like fashion down a telescoping or fixed pole that is mounted in the ground or on a building or stand. A feather sign or flutter sign is usually shaped like a sail or feather, and attached to the pole support on one vertical side. * * * Sign, free expression means a sign, not in excess of three square feet in total sign face area and whose top is not more than six feet off the ground, that functions to communicate information or views on matters of public policy or public concern, or containing any other noncommercial message that is otherwise lawful. Sign, garage-yard sale means any temporary sign pertaining to the sale of personal property at or upon any residentially-zoned property located in the City of Clearwater, provided that the on-site sale at a residentially-zoned parcel is lawful under the land use regulations and other applicable laws of the City of Clearwater. Sign, fuel price display means any on-site sign which functions exclusively to displays the prices of gasoline for sale. * * * Sign, government means any temporary or permanent sign erected by or on order of a public official or quasi-public entity at the federal, state or local government level in the performance of any duty including, but not limited to, designated wayfinding signs. noncommercial signs identifying a government building or service, traffic control signs, street name signs, warning signs, safety signs, informational signs, traffic or other directional signs, public notices of events, public notices of government actions, proposed changes of land use, any proposed rezoning, or any other governmental speech. * * * Sign, identification means any sign which indicates no more than the name, address, company logo and occupation or function of an establishment or premises on which the sign is located. -11- * * * Sign, machinery or equipment means a sign which is integral and incidental to machinery or equipment, and that is incorporated into machinery or equipment by a manufacturer or distributor to identify or advertise the product or service dispensed by the machine or equipment, such as a sign customarily affixed or incorporated into a vending machine, a telephone booth, ATM, a gasoline pump, a newspaper rack, an express mail drop-off box, or the like. * * * Sign, public purpose shall mean a sign providing notice to (a) an event, gathering, assembly or other meeting that is open to the public at large. * * * Sign, safety means a sign that functions to serves a compelling governmental purpose by providing provide a warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.). Sign, sidewalk (sometimes referred to as a Wind style sign or an A-Frame Sign a sandwich board sign) means any freestanding single or double faced sign which is designed to be placed upon, but not affixed to, the ground, or sidewalks or pavement, and that is portable and readily moved from place to place. -12- * * * Sign, sky dancers or air dancer sign means an inflatable sign that is taller than five feet and that exhibits movement when filled with air to attract attention. * * * Sign, traffic control device means any government sign located within the right- of-way that serve a compelling governmental purpose by functioning functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the National Standard. Traffic control device sign includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent), and official guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information). * * * Sign, wind-activated means a sign which uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind, and shall include pennants, ribbons, spinners, streamers, or captive balloons, however the term wind activated sign shall not include flags. * * * Section 2. Article 3, Division 18, Signs, City of Clearwater Community Development Code, is hereby revised by amending section 3-1801 (General principles); amending section 3- -13- 1803 (Exempt signs), amending section 3-1804 (Prohibited signs), deleting section 3-1805 (General standards) and substituting in its place a new section 3-1805 (General provisions for signs); deleting section 3-1806 (Signs permitted without a permit) and substituting in its place a new section 3-1806 (Temporary signs); and amending section 3-1807 (Permitted signs requiring development review), City of Clearwater Community Development Code, to read as set forth in the revisions to Division 18 attached hereto as “Exhibit A,” which is hereby adopted as part of the City of Clearwater Community Development Code. Section 3. All references to Article 3, Division 18, of the City of Clearwater Community Development Code contained elsewhere in said Code or in other Ordinances or Resolutions of the City shall be deemed to refer to Revised Article 3, Division 18 as of the effective date of this Ordinance. Section 4. Article 3, Section 3-2102.D, City of Clearwater Community Development Code, is hereby amended to delete the current Subsection 3-2102.D and re-letter the following subsections, with deletions noted by strike-through and additions noted by underlining: * * * D. Signage related to the temporary use shall not exceed 12 square feet of sign face area and no more than one sign face per street frontage shall be permitted. Signs shall be made of treated wood or other durable material. Sign copy shall not be spray-painted. Details of any proposed signage must be submitted with an application for a temporary use permit. E. D. Where a tent or similar structure is to be used in conjunction with a temporary use, the following shall be met. 1. Comply with all requirements of the fire marshal; 2. Provide the city with a certificate of insurance to cover the liability of the applicant or sponsor; and 3. Demonstrate that the tent is flame resistant by providing a certificate of flame resistance or other assurance that the structure has been properly treated with flame retarder and has been maintained as such. FE. Where a tent or similar structure is to be used in conjunction with a temporary use, the tent shall be allowed to be set-up on the day before the temporary use is scheduled to begin, and shall be allowed to be taken down the day after the temporary use is scheduled to end. However, additional time may be allowed for circuses or carnivals as determined by the community development coordinator. Section 5. This ordinance shall take effect immediately upon adoption. -14- PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos Mayor Approved as to form: Attest: ______________________________________________________ Camilo A. Soto Rosemarie Call City Attorney City Clerk -15- EXHIBIT A -16- DIVISION 18. - SIGNS Section 3-1801. - General principles. Section 3-1802. – Purpose. Section 3-1803. - Exempt signs. Section 3-1804. - Prohibited signs. Section 3-1805. - General standards. Section 3-1806. - Signs permitted without a permit. Section 3-1805. - General provisions for signs. Section 3-1806. - Temporary signs. Section 3-1807. - Permitted signs requiring development review. Section 3-1808. - Comprehensive sign program. Section 3-1809. - Severability. -17- Section 3-1801. - General principles. The regulation of signs as provided herein is based upon their function, and is not based upon the content of the message contained on any such sign. The Florida Constitution provides that it is the policy of the state to conserve and protect its scenic beauty, and the regulation of signage for purposes of aesthetics directly serves that policy. Since 1985, the Florida Statutes have required that municipalities enact land development regulations that regulate signage. The city is a resort community on the west coast of the state with more than five miles of beaches on the Gulf of Mexico. This city has an economic base which relies heavily on tourism. In order to preserve the city as a desirable community in which to live, vacation and do business, a pleasing, visually attractive urban environment is of foremost importance. The regulation of signs within the city is a highly contributive means by which to achieve this desired end. These sign regulations are prepared with the intent of enhancing the urban environment and promoting the continued well-being of the city. The enhancement of the visual environment is critical to a community's image and its continued presence as a tourist destination, and the sign control principles set forth herein create a sense of character and ambiance that distinguishes the city as one with a commitment to maintaining and improving an attractive environment. -18- Section 3-1803. - Exempt signs. The following signs are exempt from regulation under this Division 18: A. A sign, other than a window sign, located entirely inside the premises of a building or enclosed space. B. A sign on a car, other than a prohibited vehicle sign or signs. C. A statutory sign. D. A traffic control device sign. E. Any sign not visible from a public street, sidewalk or right-of-way or from a navigable waterway or body of water; except that the foregoing does not exempt a sign for a commercial use that is visible from an abutting residential use. F. A government sign. -19- Section 3-1804. - Prohibited signs. The following types of signs are prohibited: A. Feather/flutter signs; Wind-activated signs; Air-dancer signs; Sky-dancer signs. Balloons, cold air inflatables, streamers, and pennants, except as allowed on public property in Section 3-1806.R. B. Bench signs. Bench signs, other than the identification of the transit company or its route schedule. C. Billboards. D. Discontinued signs. Discontinued signs and/or sign structures which are determined to be nonconforming with the provisions of this Division 18 shall be required to be removed by the property owner after receipt of notification, or refusal to accept delivery of notification by certified mail, that such removal is required. A discontinued sign and/or sign structure which is determined to be nonconforming with the provisions of this Division 18 shall not be required to be removed if it is brought into conformity with the provisions of this Division 18 within three (3) months after receipt of notification, or refusal to accept delivery of notification by certified mail that removal is required upon failure to bring the structure into conformity. E. Electronic changeable message signs unless otherwise allowed herein or those that are existing, legally nonconforming message signs. Legally nonconforming message signs shall only be either those that have general messages that change no more frequently than once every one hour and meet the requirements of this Division 18, or they are signs that only display a change in time and/or temperature no more frequently than once every minute, as necessary to correctly reflect accurate information and not be misleading. (e.g., fuel gasoline price signs), with the following exceptions: 1.Menu signs that change no more frequently than once every three hours and that are not otherwise prohibited. 2.Existing and legally nonconforming message signs: a.General messages which change no more frequently than once every six hours, including onsite signs at gasoline price signs that meet the requirements of this Division 18; or b.Signs which only display time and/or temperature which change no more frequently than once every 15 seconds. F. Reserved. Menu signs on which the message changes more rapidly than once every three hours. G. Pavement markings, except street addresses. H. Portable signs. I.Roof and above roof signs. J.Sidewalk signs, except as provided herein. -20- K. Signs attached to or painted on piers or seawalls, other than official regulatory or warning signs. L. Signs in or upon any river, bay, lake, or other body of water. M. Permanent Signs located on publicly-owned land or easements or inside street rights-of- way., except (a) as allowed in Section 3-1806.S., (b) signs on transit shelters erected pursuant to Section 3-2203 and permitted pursuant to Section 3-1807.B.5.), (c) sidewalk signs to the extent permitted in Section 3-1806.U. or Section 3-1807.B.4., (d) as allowed in Section 3-1807.A., and (e) as allowed in Section 3-1806.V. and 3-1806.W. Prohibited signs shall include but shall not be limited to handbills, posters, advertisements, or notices that are attached in any way upon lampposts, telephone poles, utility poles, bridges, and sidewalks. This prohibition does not apply to government signs or transit shelter signage authorized by law. N. Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter. O. Signs that have unshielded illuminating devices or which reflect lighting onto public rights-of-way thereby creating a potential traffic or pedestrian hazard. P. Signs that move, revolve, twirl, rotate, flash, scintillate, blink, flutter, or appear to display motion in any way whatsoever, including animated signs, multi-prism signs, tri- vision signs, floodlights and beacon lights (except when beacon lights are required by the Federal Aviation Agency or other governmental agency for a public purpose involving public safety), unless otherwise expressly allowed by another provision within this Division 18. Q. Signs that obstruct, conceal, hide, or otherwise obscure from view any traffic control device sign or official traffic signal. R. Signs that present a potential traffic or pedestrian hazard, including signs which obstruct visibility. S. Signs attached to or placed on any tree or other vegetation. T. Signs carried, waved or otherwise displayed by persons either on public rights-of-way or in a manner visible from public rights-of-way. This provision is directed toward such displays intended to draw attention for a commercial purpose, and is not intended to limit the display of placards, banners, flags or other signage by persons participating in demonstrations, political rallies and similar events. U. Snipe signs. V. Three-dimensional objects that are used as signs. W. Vehicle signs, and portable trailer signs. X. Any permanent sign that is not specifically described or enumerated as permitted within the specific zoning district classifications in this Community Development Code. -21- Section 3-1805. - General standards. A.Setback.No sign shall be located within five feet of a property line of a parcel proposed for development. B.Neon signs and lighting.Neon signs and lighting shall be permitted as freestanding and attached signage as provided in this Division 18. When neon lighting is utilized to emphasize the architectural features of a building, such as when used to outline doorways, windows, façades, or architectural detailing, or when used to accentuate site landscaping, it shall not be regarded as signage provided such lighting does not change in intensity, brightness or color or direction. In addition, neon lighting used as freestanding designs or murals or as attached murals or designs unrelated to the architectural features of the building to which the lighting is attached shall be permitted, but shall be counted toward the allowable area of the property's or occupancy's freestanding or attached signage, as applicable. C.Illuminated signs. 1.The light from any illuminated sign shall be shaded, shielded, or directed away from adjoining street rights-of-way and properties. 2.No sign shall have blinking, flashing, or fluttering lights or other illumination devices which have a changing light intensity, brightness, color, or direction or as otherwise prohibited by Section 3-1804. 3.No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic-control devices. 4.Neither the direct nor the reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares. 5.The light which illuminates a sign shall be shaded, shielded, or directed so that no structure, including sign supports, are illuminated by such lighting. The above shall not be construed so as to prohibit an awning with signage from being externally illuminated. D.Banners and flags.A banner or flag may be used as a permitted freestanding or attached sign and, if so used, the area of the banner or flag shall be included in, and limited by, the computation of allowable area for freestanding or attached signs on the property. E.Gasoline price signs.Gasoline price display signs shall be allowed in all non-residential districts except where specifically prohibited. Gasoline price display signs shall be placed in the vicinity of the pump islands and shall not extend above any pump island canopy or they shall be attached to the primary freestanding sign for the property. If attached to the freestanding sign, the area of the gasoline price display sign shall be counted toward the allowable area for the freestanding sign. A gasoline price display sign may be changed manually or electronically. F.Awnings.Awnings may be allowed a graphic element in addition to the permitted attached sign area provided such graphic does not exceed 25 percent of the awning surface area on which the graphic is placed or 16 square feet, whichever is less. If a graphic element is placed on an awning valance, such graphic element shall be limited to 25 percent of the valance surface. If text and a graphic element are proposed on an awning, such text and -22- graphic element shall be governed by the attached signs provisions set forth in Section 3- 1807.B.3. This provision does not apply to back-lit awnings. G.Building and electrical code compliance.All signs shall comply with applicable building and electrical code requirements. H.No limitation based on message content.Notwithstanding any other provision of this Community Development Code, no sign shall be subject to any limitation based on the content of the message contained on such sign. I.Substitution of noncommercial speech for commercial speech.Notwithstanding anything contained in this Community Development Code to the contrary, any sign erected pursuant to the provisions of this Division 18 or this Community Development Code with a commercial message may, at the option of the owner, contain a noncommercial message. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial message to a noncommercial message, or from one noncommercial message to another, provided that the sign is not a prohibited sign or sign-type, provided that the manner or frequency of the change does not violate restrictions on electronic or illuminated signs, and provided that the size, height, setback and other dimensional criteria contained in this Division 18 and the Community Development Code have been satisfied. -23- Section 3-1805. – General provisions for signs. A.Building Code and Electrical Code Compliance.All signs shall comply with applicable building and electrical code requirements. B.Viewpoint Neutrality. Notwithstanding any other provision of this Community Development Code, no sign shall be subject to any limitation based upon the viewpoint of the message contained on such sign or displayed on such sign structure. C.Substitution of Noncommercial Speech for Commercial Speech. Notwithstanding anything contained in this Community Development Code to the contrary, any sign erected pursuant to the provisions of this Division 18 or this Community Development Code with a commercial message may, at the option of the owner, contain a noncommercial message in lieu of a commercial message and the noncommercial copy may be substituted at any time in place of the commercial copy. The noncommercial message (copy) may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial message to a noncommercial message, or from one noncommercial message to another, provided that the sign is not a prohibited sign or sign-type, provided that the manner or frequency of the change does not violate restrictions on electronic or illuminated signs, and provided that the size, height, setback and other dimensional criteria contained in this Division 18 and the Community Development Code have been satisfied. This provision does not permit design changes for a sign previously approved under the Comprehensive Sign Program. D.Flagpoles and Flags; Flag Brackets, Flag Stanchions, and Flags. 1. Flagpoles and Flags. For each parcel and development site in residential use with one principal structure, one flagpole may be installed and up to two (2) flags may be displayed per flagpole. For each parcel and development site that is one-half (1/2) acre or less in size and is in nonresidential use, one flagpole may be installed and up to two (2) flags may be displayed per flagpole. For each parcel and development site that is over one-half (1/2) acre in size and is in nonresidential use, up to three flagpoles may be installed and up to two (2) flags may be displayed per flagpole. A flag shall not exceed twenty-four (24) square feet in size. 2. Flag Brackets, Flag Stanchions, and Flags. For each principal structure on a parcel, up to two flag brackets or stanchions may be attached or placed for the display of flags. A flag displayed from a flag bracket or a flag stanchion shall not exceed twenty-four (24) square feet in size. 3. For the purpose of determining the size of a flag, only one side of the flag shall be counted as the display surface. 4. Flags may be externally illuminated. 5. Flagpoles shall not exceed thirty-five (35) feet in height. E.Setback. No sign shall be located within five (5) feet of a property line. Flexibility may be approved by the Community Development Coordinator if the setback cannot be met due to site -24- constraints such as shape irregularities and/or the presence of natural features, existing utilities or easements, making complying with the setback requirement impractical or infeasible and provided sight visibility will not be negatively impacted at intersections or driveways. F.Neon and LED Lighting; Neon and LED Signs. 1. Neon and LED lighting shall not be regarded as signage when it is only used to emphasize the architectural features of a building, such as outlining doorways, windows, façades, or architectural detailing, or accentuating site landscaping, provided that the neon lighting does not change in intensity, brightness or color or direction. 2. Neon and LED signs may be permitted as freestanding and attached signage as provided in this Division 18. G.Illuminated Signs; Brightness. 1. Light from any illuminated sign shall be shaded, shielded, or directed away from adjoining street rights-of-way and properties. Light which illuminates a sign shall be shaded, shielded, or directed so that no structure, including sign supports, are illuminated by such lighting to the extent possible; however, the foregoing shall not be construed so as to prohibit an awning with signage from being externally illuminated. 2. No sign shall have blinking, flashing, or fluttering lights or other illumination devices which have a changing light intensity, brightness, color, or direction or as otherwise prohibited by Section 3-1804. No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic-control devices. Neither the direct nor the reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares. 3. All self-luminous signs are subject to brightness levels consisting of surface luminosity limits, both during the daytime and nighttime hours. During the daytime (after sunrise and before sunset), the maximum limit of luminosity shall be one thousand (1,000) nits, or 1000 cd/m2. During the nighttime hours (after sunset and before sunrise), there shall be a maximum limit of luminosity of one hundred fifty (150) nits, or 150 cd/m2. H.Awnings. Awnings may be allowed a graphic element in addition to the permitted attached sign area provided such graphic does not exceed twenty-five percent (25%) of the awning surface area on which the graphic is placed or sixteen (16) square feet, whichever is less. If a graphic element is placed on an awning valance, such graphic element shall be limited to twenty-five percent (25%) of the valance surface. If text and a graphic element are proposed on an awning, such text and graphic element shall be governed by the provisions for attached signs set forth in Section 3-1807.B.3. This provision does not apply to back-lit awnings. I.Reserved. J.Menu Signs at Drive-Through Lanes. Attached menu signs of no more than six (6) square feet of total sign face area located at the entrance or service window of a restaurant. One freestanding drive-through sign no more than twenty-four (24) square feet in total sign face area and six (6) feet in height oriented -25- toward the vehicles utilizing drive-through service for the purpose of placing an order or picking up an order at a service window. Notwithstanding the foregoing, these signs may be subject to the Comprehensive Sign Program. K.Street Address Signs. 1. One street address sign of no more than two (2) square feet of total sign face area for each parcel of land used for residential purposes. This is a required sign for each parcel of land used for residential purposes. 2. One street address sign of no more than one (1) square foot for each number contained in the property address for each parcel of land used for non-residential purposes. This is a required sign for each parcel of land used for non-residential purposes. 3. The square footage for the street address sign shall be allowed in addition to the total square signage footage allowed in Section 3-1807. L.Onsite Traffic Control Signs. Onsite traffic control signs of no more than four (4) square feet of sign face area provided that non-traffic control symbols do not exceed twenty-five percent (25%) of the sign face area. M.Parking Space Signs. Signs identifying parking space numbers provided that such signs are painted on the paved surface of each space or do not exceed one-half (1/2) square foot of sign face area per sign. N.Marina Signs. 1. Signs at a marina for slip numbers provided that such signs are painted on the dock in front of each slip or do not exceed one (1) square feet of sign face area per sign. Each individual charter/commercial vessel slip located at a commercial marina may have one sign placed in the vicinity of the slip that does not exceed six (6) square feet in total sign face area, and one additional sign of not more than eight (8) square feet in total sign face area placed in the vicinity of the slip. No sign permit is required. 2. Unless otherwise approved by the community development coordinator, two signs, not to exceed six (6) square feet in total sign face area and not to exceed six (6) feet in height may be displayed at any marina in coordination with the city for way finding and shall be considered a government sign. The community development coordinator may approve additional signs as necessary for pedestrian and vehicular traffic based on the following criteria: overall size of marina, number of pedestrian and vehicular access points, visibility of the site, intended and existing traffic circulation and consistency with Beach by Design, Clearwater Downtown Redevelopment Plan or any other applicable special area plan. O.Window Signs. Window signs may be located on any window area provided such sign or combination of signs does not exceed 25 percent of the total window area on any façade. All signs located inside an enclosed area for purposes of advertising shall be construed to be window signs. In no case shall the cumulative area of all window signs on any façade exceed 50 square feet. No sign permit is required. -26- P.Safety and Warning Signs. Safety or warning signs which do not exceed six (6) square feet of total sign face area per sign are allowed on any parcel. No sign permit is required. Q.Maintenance of Sign Location and Sign. 1. Weeds and grass shall be kept cut in front of, behind, underneath, and from around the base of the sign for a minimum distance of ten (10) feet from the sign base, and there shall be no rubbish or debris within ten (10) feet of the sign base or underneath the sign. 2. A sign shall be maintained in a state of good repair. -27- Section 3-1806. - Signs permitted without a permit. The following signs may be developed without development review pursuant to Article 4 of this Community Development Code: A. One address sign of no more than two square feet of total sign face area for each parcel of land used for residential purposes and no more than one square foot for each number contained in the property address for each parcel of land used for non-residential purposes. The square footage for the address sign shall be allowed in addition to the total square signage footage allowed in Section 3-1807. B.Free expression signs.For each parcel, one free expression sign may be displayed. A free expression sign may be displayed as an attached sign or as a freestanding sign. A free expression sign shall not exceed six square feet of total sign face area. If a free expression is displayed as a freestanding sign, the sign shall not exceed four feet in height if located on a parcel of land designated or used for single family dwellings, duplexes and townhouse units or six feet in height if located on any other parcel. The free expression sign is in addition to any sign displaying a noncommercial message in lieu of a commercial or other noncommercial message pursuant to Section 3-1805.I. C.Temporary election signs.For each parcel, one election sign for each candidate and each issue may be displayed. An election sign may be displayed as an attached sign or as a freestanding sign. On parcels that are in residential use, the election sign shall not exceed six square feet of total sign face area; and, if the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed four feet in height. On parcels that are in nonresidential use, the election sign shall not exceed 16 square feet of total sign face area; and, if the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed six feet in height. An election sign shall be removed within seven calendar days following the election to which it pertains. D.Temporary grand opening and special event signs. 1.One temporary grand opening sign shall be permitted for 30 days after the issuance of an occupational license for any new business, new owner of an existing business, or business name change. Such sign shall not exceed 24 square feet in total sign face area or such sign may be a temporary covering, such as a toaster cover, sign boot, or sign sock, which covers an existing permitted attached or freestanding sign. 2.Other temporary special event and/or public purpose signs of a temporary nature shall be approved by the community development coordinator if the signs meet the following criteria: (a) the signs are temporary signs for a limited time and frequency, (b) the signs are for a special event or a public purpose of a temporary nature, (c) the signs do not exceed the maximum height and size requirements for freestanding signs under this Community Development Code, (d) the display of temporary signs for a special event shall not begin any earlier than two calendar days before the event and shall be removed within one business day after the event, and (e) the signs, if temporary for a limited time and frequency, will meet the following purposes of Division 18, to wit: (1) the signs will not conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (2) the signs will not conflict with -28- the principal permitted use of the site or adjoining sites [Section 3-1802.J.], (3) the signs will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians [Section 3-1802.K.], and (4) the signs will be installed and maintained in a safe manner [Section 3-1802.L.]. Consistent with the general standards in Section 3-1805, the approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such signs. The community development coordinator shall render a decision within ten days after an application is made for such signs. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the community development board pursuant to Section 4-501.A of this Community Development Code. E. A single sign no more than four square feet in sign area and indicating a valet parking station and that is visible only during hours that the valet is operating. F.Temporary construction signs.One temporary construction sign located on a parcel proposed for development during the period a building permit is in force or one year, whichever is less, which sign shall not exceed: 1.Six square feet of total sign face area for parcels of land used or proposed to be used for single family dwellings, duplexes and townhouse units; 2.Sixteen square feet of total sign face area for parcels of land used or proposed to be used for multi-family purposes other than townhouse units or for non-residential purposes. If the temporary sign is displayed as a freestanding sign, the sign shall not exceed six feet in height. G.For flags displayed on a flag pole not exceeding 35 feet in height or an attached bracket:One flag per detached dwelling unit, three additional flags per parcel of land used for multifamily residential purposes, and three flags per parcel of land used for non-residential purposes. If so used, the area of the flag shall not be included in, and limited by, the computation of allowable area for freestanding or attached signs on the property. H.Temporary garage-yard sale signs.One temporary garage-yard sale sign of no more than six square feet of total sign face area located on the parcel of land where the garage or yard sale is to be conducted only on the date or dates on which the garage or yard sale is conducted. In addition, no more than two directional signs of no more than six square feet of total sign face area per sign face related to a garage or yard sale which are located on privately owned parcels of land other than the parcel of land where the garage or yard sale is to be conducted only on the date or dates on which the garage or yard sale is conducted. If the temporary sign is displayed as a freestanding sign, the sign shall not exceed four feet in height. I.Attached menu signs of no more than six square feet of total sign face area located at the entrance or service window of a restaurant. One freestanding drive-through sign no more than 24 square feet in total sign face area and six feet in height oriented toward the vehicles utilizing drive-through service for the purpose of placing an order or picking up an order at a service window. -29- J.Onsite directional and traffic control signs of no more than four square feet of sign face area provided that business logos or other non-traffic control symbols do not exceed 25 percent of the sign face area. K. Signs identifying parking space numbers provided that such signs are painted on the paved surface of each space or do not exceed one-half square foot of sign face area per sign. L.Marina slip and directional signs. 1.Signs identifying marina slip numbers provided that such signs are painted on the dock in front of each slip or do not exceed one square feet of sign face area per sign. 2.Each individual charter/commercial vessel slip located at a commercial marina may have one sign placed in the vicinity of the slip that does not exceed six square feet in total sign face area identifying the business located at the slip and one additional sign of not more than eight square feet in total sign face area placed in the vicinity of the slip to identify the vessel rate/embarking schedules, or other information. 3.Unless otherwise approved by the community development coordinator, two directional signs, not to exceed six square feet in total sign face area and not to exceed six feet in height may be displayed at any marina for purposes of way finding. The community development coordinator may approve additional signs based on the following criteria: overall size of marina, number of pedestrian and vehicular access points, visibility of the site, intended and existing traffic circulation and consistency with Beach by Design, Clearwater Downtown Redevelopment Plan or any other applicable special area plan. M.Temporary real estate signs.One temporary real estate sign per parcel of land indicating that a parcel of land or a building located on the parcel of land or part thereof is for sale, for lease or otherwise available for conveyance, provided that such sign does not exceed: 1.Six square feet of total sign face area on parcels of land designated or used for single family dwellings, duplexes and townhouse units; 2.Sixteen square feet of total sign face area on parcels of land designated or used for multi-family purposes other than townhouse units or for non-residential purposes. In the event that more than one dwelling unit or non-residential space on a single parcel of land is for sale, for lease or otherwise available, one attached sign per dwelling or space of no more than two square feet in total sign face area in addition to the permitted freestanding signage. In addition, one freestanding waterfront sign of no more than six square feet of total sign face area, not more than three square feet of sign area per sign face, for each waterfront parcel of land. If the temporary sign is displayed as a freestanding sign, the sign shall not exceed four feet in height if located on a parcel of land designated or used for single family dwellings, duplexes and townhouse units or six feet in height if located on any other parcel. -30- N. Signs located within a stadium which are not oriented toward and readable from outside of a stadium. O. Window signs may be located on any window area provided such sign or combination of signs do not exceed 25 percent of the total window area on any façade. All signs located inside an enclosed area for purposes of advertising shall be construed to be window signs. In no case shall the cumulative area of all window signs on any façade exceed 50 square feet. P. Safety or warning signs which do not exceed six square feet of total sign face area per sign. Q. A change in a sign message or panel on a previously approved, lawful sign, e.g., any sign allowed under this ordinance may contain, in lieu of any other copy, any otherwise lawful noncommercial message that complies with all other requirements of this ordinance. This provision does not permit design changes for a sign previously approved under the Comprehensive Sign Program. R. The following sign type "balloons, cold air inflatables, streamers, and pennants" shall be allowed as governmental and public purpose signs if located on public property and if the city manager finds that the sign type meets the following criteria: (1) the sign type is for a special event, (2) the special event is for a limited time, (3) the special event is for a limited frequency, and (4) the sign type, if allowed for a limited time and frequency, will meet the following purposes of this Division 18, to wit: (a) the signs will not conceal or obstruct adjacent land uses or signs (Section 3-1802.F.), (b) the signs will not conflict with the principal permitted use of the site or adjoining sites [Section 3- 1802.J.], (c) the signs will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians [Section 3-1802.K.], and (d) the signs will be installed and maintained in a safe manner [Section 3-1802(L)]. Consistent with the general standards in Section 3-1805, the approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on any such sign. The city manager shall render a decision within ten days after an application is made for utilizing this sign type at a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the community development board pursuant to Section 4-501.A of this Community Development Code. S. A sign on publicly owned land or easements or inside street rights-of-way shall be allowed if the city manager finds that the sign meets the following criteria: (1) the sign provides notice to the public of a public meeting or other public event, (2) the sign is temporary and for a limited time, and (3) the sign, if allowed for a limited time, will meet the following purposes of this Division 18, to wit: (a) the sign will not conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (b) the sign will not conflict with the principal permitted use of the site or adjoining sites [Section 3-1802.J.], (c) the sign will not interfere with or obstruct the vision of motorists, bicyclists or pedestrians [Section 3-1802.K.], and (d) the sign will be installed and maintained in a safe manner [Section 3-1802.L.]. Consistent with the general standards in Section 3-1805, the approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such sign. The city manager shall render a decision within ten days after an application is made for utilizing such a temporary sign on public -31- property. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the community development board pursuant to Section 4-501.A of this Community Development Code. T.Directional/informational signs serving a public purpose.A permanent sign on public easements or inside street rights-of-way shall be allowed if the city manager finds that the sign meets the following criteria: 1.The sign provides directions and/or information regarding public facilities and/or places of interest; and 2.The sign will meet the purposes of Division 18 to wit: (a) the sign will not conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (b) the sign will not conflict with adjoining sites, (c) the sign will not interfere with or obstruct the vision of motorists, bicyclists or pedestrians, (d) the sign will be installed and maintained in a safe manner [Section 3-1802.L.], (e) the sign is consistent with Beach by Design, Clearwater Downtown Redevelopment Plan or any other applicable special area plan and submittal of a master sign plan and (f) the sign is consistent with the general standards in Section 3-1805. The city manager or designee shall render a decision within 15 days after an application is made for utilizing such a sign on public property. The decision is not subject to the provisions of Section 4-501.A of this Community Development Code. U.Signs during public construction projects.The following signage shall be allowed in conjunction with public construction projects that are scheduled to last 180 days or longer. 1.Temporary sidewalk signs are permitted for properties abutting qualifying public construction projects in accordance with the following criteria: a.There shall be a maximum of two sidewalk signs permitted per parcel adjacent to the public construction project, and parcels with multiple businesses shall coordinate copy on the signs permitted. b.Sidewalk signs permitted under this section shall be allowed to be displayed for the duration of the public construction project starting with project commencement and shall be removed within seven days after the final acceptance, by the city, of improvements. c.The size of any sidewalk sign shall not exceed eight square feet in total sign face area, and shall not exceed four feet in height. d.Sidewalk signs permitted under this section shall be constructed in a professional and workmanlike manner from treated wood or other durable material, and copy displayed shall not be spray painted onto the signs. e.No sidewalk sign, permitted as part of this section shall be permanently erected, and shall only be displayed during hours of operation for the business being advertised. f.No sidewalk sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. -32- 2.Temporary wayfinding signs may be permitted on publicly owned land or easements or inside public rights-of-way if the city manager finds that there is a qualifying public construction project that results in a permanent and significant change to the existing traffic circulation patterns within the construction project limits. Such signage shall comply with the following criteria: a.Temporary wayfinding signs shall not be erected prior to the commencement of the public construction project and shall be removed after the conclusion of the project when the city engineer determines that the traveling public has had sufficient time to adjust to the new circulation patterns. b.Temporary wayfinding signs shall not exceed eight square feet in area and twelve feet in height. c.The number and location of temporary wayfinding signs shall be determined by the city engineer and shall serve to notify and help motorists navigate a new traffic circulation pattern. In determining the appropriate number of signs, the city engineer shall consider the nature of the changed pattern, the uses and the number of properties directly impacted by such changed patterns. d.The owner(s) of a parcel of land, shopping center including all outparcels, or office building directly affected by the changed traffic circulation pattern may request to be included on such wayfinding signs. e.Temporary wayfinding signs shall not conceal or obstruct adjacent land uses or signs, shall not interfere with or obstruct the vision of motorists, bicyclists or pedestrians. f.The city shall design, fabricate, install and remove all temporary wayfinding signs and the owners(s) of property referenced on the signs shall reimburse the city for those costs. Such signs shall be installed and maintained in a safe manner. g.The City of Clearwater retains all rights of removal for temporary wayfinding signs. V. One ten square foot freestanding sign not more than five feet in height or one ten square foot attached sign per city park or city recreation facility for the purposes of identifying a program provider or information concerning programs at such park or recreation facility. The design of any such signs shall be approved by the parks and recreation department. W.Adopt-a-park and acknowledgement signs. 1.Adopt-a-park signs may be erected in city rights-of-way or on city-owned property. An adopt-a-park sign shall not exceed three square feet in total sign face area. If freestanding, and adopt-a-park sign shall not exceed 18 inches in height and shall be located, in a landscaped setting. Adopt-a-park signs shall be selected from the approved city street signs catalogue maintained by the manager of traffic operations, provided the sign design conforms with one of the city prescribed designs maintained by the parks and recreation department. The community development coordinator may approve additional adopt-a-park signs based on the -33- following criteria: overall size of site, number of entrances, frontage, access and visibility of the site, intended and existing traffic circulation. 2.Acknowledgment signs may be erected in city rights-of-way or on city-owned property as follows. Such signs may also be affixed or incorporated into a public amenity such as an ash tray or public bench that is located on public property and that is approved by the community development coordinator provided that it is no greater than one square foot in area, is rust-free, and is unobtrusive. -34- Section 3-1806. – Temporary signs. A.Within its zoning districts and subject to any applicable provisions with Section 3-1806, general provisions for signs, the city shall allow temporary signs that meet the criteria and limitations set forth in Table 3-1806.1a and Table 3-1806.1b, shown below. B.A temporary sign displayed on a window surface must be displayed on the inside of the window surface, shall cover no more than twenty-five (25%) of the aggregate window surface area, and shall not be illuminated. This temporary sign allowance shall be reduced by any window surface area already covered by signage allowed in Section 3-1805.O. -35- TABLE 3-1806.1a. CRITERIA AND LIMITATIONS FOR SIDEWALK SIGNS Location In front of primary retail and restaurants within the linear footage of the storefront. Also in the immediate vicinity of parking garages/lots and valet stands. 1 Maximum Number of Signs 1 per business Maximum Width 2 feet Maximum Height 3-1/2 feet Maximum Distance from Building Wall (as measured at the nearest point of sidewalk sign) 2 feet, except 5 feet in the Cleveland Street Café District in the Downtown zoning District and 2 feet from the entryway of a parking garage/lot and valet stands. Maximum Width of Public Sidewalk that the Sign May Obstruct 4 foot clear path on the sidewalk shall be maintained Duration Allowed Only during hours while business or valet service is operating Allowed on Public Property and Right-of-Way Yes Allowed in a Sight Visibility Triangle No Design Criteria Restricted2 Permit Required Yes3 1 Properties adjacent to a public construction project scheduled to last 180 days may also erect sidewalk signs in compliance with the following: a.No more than two sidewalk signs per parcels. b.Parcels with multiple businesses shall coordinate copy on the signs. c.Sign size is limited to 4 feet in height and 8 square feet in area. d.Signs must be constructed in a professional and workmanlike manner from treated wood or other durable material. Sign copy shall not be spray painted onto the signs. e.No sidewalk sign shall block any public right-of-way, shall maintain a 4 foot clear path and shall not be located within the visibility triangle of intersections or driveways. f.Sidewalk signs shall be removed within 7 days after City’s final acceptance of the improvements or completion of the public project. 2 Design Criteria a.All sidewalk sign frames shall: i.be made of durable wood, plastic, or metal only and shall present a finished appearance, and the color of such frames shall be limited to metallic silver/grey, black, white or stained wood. ii.support only black or green colored chalk boards, black, wet marker boards or professional design advertisement/posters made of durable material with clear, non-glare protective covering. b.Sidewalk signs shall not be illuminated or incorporate fluorescent colors. c.Sidewalk signs shall not be attached to any structure, pole, object, building, or other sign or contain moving parts or have balloons, streamers, pennants or similar adornment attached. d.Only wind signs may be allowed to have wheels. e.Flexibility with regard to sign style and size may be considered, provided the sign is designed as part of the architectural theme of the property and/or use using similar and coordinated design features, materials, and colors. 3Permit Information a.A permit shall be obtained on a yearly basis. b.A sketch, photo or drawing of the proposed sidewalk sign, along with the required fee, shall be submitted and approved prior to the placement of the sidewalk sign. c.If proposed to be placed in a public right-of-way, evidence of general liability insurance in the amount of $1,000,000 in a form acceptable to the city, with the city named as additional insured shall also be provided. -36- TABLE 3-1806.1b. CRITERIA AND LIMITATIONS FOR ALL OTHER TEMPORARY SIGNS IN ALL ZONING DISTRICTS CRITERIA Residential Zoning Districts Non-Residential Zoning Districts Maximum Number of Temporary Signs Per Parcel 1 8 4 Maximum Sign Size (Area) for a Temporary Sign 2 4 sf.16 sf. Maximum Sign Height for a Temporary Freestanding Sign3 6 ft.6 ft. Maximum Sign Height for a Temporary Attached Sign (inclusive of a Window Sign) 15 ft.15 ft. Minimum Sign Setback required to be maintained by a Temporary Freestanding Sign from any property line4 5 ft.5 ft. Minimum Sign Setback required to be maintained by a Temporary Freestanding Sign from the edge of any paved street or road 5 ft.5 ft. Minimum Radial Spacing that is required to be maintained by a Temporary Freestanding Sign from any other Temporary Freestanding Sign5 15 ft.15 ft. Maximum Aggregate Surface Area Allocated for All Temporary Signs on a Parcel6 64 sf.128 sf. Whether Temporary Sign is Allowed on Public Property or Public Right- of-Way No No Whether Temporary Sign is Allowed within a Sight Visibility Triangle No No Whether Direct Illumination of Surface of a Temporary Sign is Allowed No No Whether Fluorescent Color on a Temporary Sign is Allowed No No Duration Allowed After Event Ends 3 calendar days 3 calendar days 1 The number of temporary commercial signs per parcel shall be no more than two (2) signs; however, no more than one temporary commercial sign per parcel may be a banner sign and a temporary commercial banner sign is limited to a maximum duration of display of no more than thirty (30) days per calendar year per parcel. 2 The square footage limitation is per side for a back-to-back sign. For example, a four (4) square foot limitation means that there is a limit of four (4) square feet of surface area per side of a back-to-back sign, and an aggregate limit of eight (8) square feet is allowed if the sign is a back-to-back temporary sign. 3 Not applicable to signs displayed on flagpoles. 4 Minimum sign setbacks do not apply to attached signs. Except as set forth in Section 3-1806 for Sidewalk Signs as allowed herein and for Valet Stands as allowed herein, All Temporary Signs are prohibited on public property and from public rights-of-way. 5 Not applicable to signs displayed on flagpoles. 6 There is no limit to the number of separate messages that may appear on the allowable surface(s) of any Temporary Sign. The maximum aggregate surface area allowed is subject to circumstances that may reduce the maximum aggregate surface area allowable on some parcels. -37- Section 3-1807. - Permitted signs requiring development review. A.Residential.The following signs shall be permitted in all residential zoning districts: * * * b.Such sign(s) shall be erected on privately-owned property. In the event there is insufficient land owned by a single-family subdivision association or multi-family development developed prior to March 8, 1999, however, the community development coordinator, parks and recreation department, and public works administration may approve the location of such sign in a city right-of-way or on city-owned property provided that such signs are in compliance with Section 3- 1807.A.1.a. above and will not obstruct the vision of motorists, bicyclists or pedestrians, be installed and maintained in safe and neat manner, will not conflict with the principal permitted use of the site or adjoining sites; and that a city right- of-way permit be obtained prior to the installation. * * * B.Non-residential.All signs must be architecturally integrated into the design of the building and/or site using similar and coordinated design and style features, materials and colors. Attached signs shall be horizontally and vertically proportionately located on each façade with no protrusions above roof lines, over windows, trim, cornices, or other building features. Signs for new shopping centers with three or more tenants, including all out parcels, office parks or any master plan development shall be reviewed and approved through the Comprehensive Sign Program set forth in Section 3-1808. * * * 4.Sidewalk signs.Primary permitted retail and restaurant uses may erect one double sided sidewalk sign 42 inches in height and 24 inches in width in accordance with the following provisions, but only in connection with the primary permitted use. Retail, restaurant or other uses which are accessory to another use are not allowed to display sidewalk signs. a.Display of sign.Sidewalk signs shall be displayed only during the hours the business is open and shall be moved indoors at the close of business. b.Location. i.Sidewalk signs shall be placed on the sidewalk in front of the business erecting the sign within its linear frontage. ii. The nearest point of the sidewalk sign shall be no more than two feet from the building wall. However, in the Cleveland Street Café District in the Downtown zoning district, the nearest point shall be five feet from the building wall. iii. A minimum pedestrian path of at least four feet shall be maintained at all times. iv. Sidewalk signs shall not impede ingress or egress to or from a business entrance, be located within a drive aisle, parking area or on any landscaped area, nor block any fire hydrant access or visibility or be located within the visibility triangle of intersections or driveways. -38- c.Design criteria. i.Sidewalk sign frames shall be constructed of durable wood, plastic or metal and present a finished appearance. Sidewalk signs known as wind signs may have a plastic frame and base with or without wheels. Frames shall support black or green chalkboards, black wet markers boards or professionally designed advertisements/posters of a durable material with a clear, non-glare protective covering. Frame and base colors shall be limited to a metallic silver/grey, black, white or be a stained wood. Flexibility with regard to this design criteria may be granted by the community development coordinator in order to achieve a creatively designed sign using a particular symbol or logo indicative of the type of business and services being advertised. ii. Plastic signs, white marker boards, letter track panels (for manually changeable copy), acrylic/plastic panels, hand painted and spray painted copy, tri-folded signs, signs supported by two or more legs that extend three inches or more beyond the face of the sign, bases with hinged feet that fold flat and other similar features and sign designs shall be prohibited. Swinger style sidewalk signs shall also be prohibited unless of a unique design as determined by the community development coordinator. iii. Sidewalk signs shall not be illuminated nor contain moving parts or have balloons, streamers, pennants or similar adornment attached to them. iv. Sidewalk signs shall not be attached to any structure, pole, object, or sign. d.Permit required yearly.A permit for a sidewalk sign shall be obtained on a yearly basis. A permit application with a sketch, photo or drawing of the sidewalk sign and the required fee shall be submitted and approved prior to the placement of a sidewalk sign on public or private property. Sidewalk signs to be placed in a public right-of-way shall also submit evidence of general liability insurance in the amount of $1,000,000.00 in a form acceptable to the city, with the city named as additional insured. A permit shall only authorize the sign submitted along with the permit application. Any changes to the approved sign will require the business owner to obtain a new permit. e.Removal by the city.The city shall have the authority to secure, remove or relocate any sidewalk sign located in the public right-of-way if necessary in the interest of public safety, in emergency situations, or if the sign is not in compliance with any provisions of this section. 45.Transit and shelter signs.Signs are permitted on transit shelters approved in accordance with Article 3 Division 22 of this Community Development Code, subject to the following restrictions: a.The advertising contained in the transit shelter shall be limited to the "downstream" end wall (furthest from approaching transit vehicles) for a two-sided or flared and secured panel. b.Lighting of advertising materials shall be limited to back-lighting. -39- c.No advertising poster shall exceed 24 square feet in area, or be greater than six feet in height and four feet in width. d.The total number of transit shelters containing advertising shall not exceed 50 within the Clearwater planning area provided in the interlocal agreement between the city and county in effect as of January 14, 1992. 56.Certain changeable message and copy signs. a. Electronic changeable message signs shall be permitted for venues or facilities that seat 2,000 or more people, fuel price signs, menu signs, schools and places of worship provided: (a) the electronic changeable messages are part of a freestanding sign; (b) the electronic message area shall be limited to no more than forty percent (40%) of the overall permitted freestanding sign face area, shall be located on the lower portion of the sign face and shall be contiguous to the other copy area of the sign face; (c) electronic message signs shall be architecturally integrated to the design of the freestanding sign face and (d) shall be consistent with the width and depth of the sign cabinet. The general message for electronic changeable message signs at schools, places of worship, or on fuel price and menu signs may change no more frequently than once every one hour. ab. Electronic changeable message signs shall be permitted for a facility or venue that has seating for more than 2,000 or more people must also meet these additional criteria: (a) it is located on public property that exceeds 35 acres, and (b) it serves a significant public purpose directly related to the facility or venue, and (c) the sign type will meet the following purposes of this Division 18, to wit: (1) the sign will not conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (2) the sign will not conflict with the principal permitted use of the site or adjoining sites [Section 3-1802.J.], (3) the sign will not interfere with or obstruct the vision of motorists, bicyclists or pedestrians [Section 3-1802.K.], and (4) the sign will be installed and maintained in a safe manner [Section 3-1802.L.]. Consistent with the general standards in Section 3-1805, the approval or disapproval by the City shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such sign. bc. Any sign may include an area for manually changeable copy provided the sign meets all of the area and design requirements set forth in Division 18, including but not limited to any and all criteria that limits sign area by percentage or any requirement that requires any color coordination or other such design criteria. 67.Nonconforming uses.Any nonconforming use, which would be entitled to a sign if it were conforming, shall be permitted to erect the maximum amount of allowable signage in the district in which the use is located. C.On-premise signs in public parks and on school grounds.In any public park or on On any school grounds in any zoning district, the following signs are permitted. 1.One freestanding entry sign for each major entry into a school or a park of not more than 20 50 square feet in total sign face area 2.The height of the sign shall not exceed six 14 feet. -40- 3.A freestanding sign shall be installed in a landscaped area consisting of shrubs and/or ground cover not less than three feet in width around the entire base of the sign and shall include the address of the property on which the sign is to be located. END MOTION TO AMEND ORDINANCE NO. 9029-17 ON FIRST READING On page 23, amend Section 3-1805.D – General provisions for signs to add the following language: D.Flagpoles and Flags; Flag Brackets, Flag Stanchions, and Flags. 1. Flagpoles and Flags. For each parcel and development site in residential use with one principal structure, one flagpole may be installed and up to two (2) flags may be displayed per flagpole. For each parcel and development site that is one-half (1/2) acre or less in size and is in residential use with more than one principal structure or nonresidential use, one flagpole may be installed and up to two (2) flags may be displayed per flagpole. For each parcel and development site that is over one-half (1/2) acre in size and is in residential use with more than one principal structure or in nonresidential use, up to three flagpoles may be installed and up to two (2) flags may be displayed per flagpole. A flag shall not exceed twenty-four (24) square feet in size. On page 39, amend Section 3-1807.B.5 - Permitted signs requiring development review to add and delete the following language: 5.Certain changeable message and copy signs. a. Electronic changeable message signs shall be permitted for venues or facilities that seat 2,000 or more people, fuel price signs, menu signs, schools and places of worship provided: (a) the electronic changeable messages are part of a freestanding sign; (b) the electronic message area shall be limited to no more than forty percent (40%) of the overall permitted freestanding sign face area, shall be located on the lower portion of the sign face and shall be contiguous to the other copy area of the sign face; (c) electronic message signs shall be architecturally integrated to the design of the freestanding sign face and (d) shall be consistent with the width and depth of the sign cabinet. The general message for electronic changeable message signs at schools, places of worship, venues/facilities that seat 2,000 or more people or on fuel price and menu signs may change no more frequently than once every one hour 10 minutes. ___________________________ Pamela K. Akin City Attorney June 14, 2017 ORDINANCE NO. 9029-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA RELATING TO SIGNS; MAKING FINDINGS; AMENDING SECTION 102 (DEFINITIONS) OF ARTICLE 8 (DEFINITIONS AND RULES OF CONSTRUCTION) OF THE COMMUNITY DEVELOPMENT CODE; AMENDING SECTION 3-1801 (GENERAL PRINCIPLES); AMENDING SECTION 3-1803 (EXEMPT SIGNS), AMENDING SECTION 3-1804 (PROHIBITED SIGNS), DELETING SECTION 3-1805 (GENERAL STANDARDS) AND ADDING A NEW SECTION 3-1805 (GENERAL PROVISIONS FOR SIGNS); DELETING SECTION 3-1806 (SIGNS PERMITTED WITHOUT A PERMIT) AND ADDING A NEW SECTION 3-1806 (TEMPORARY SIGNS); AND AMENDING SECTION 3-1807 (PERMITTED SIGNS REQUIRING DEVELOPMENT REVIEW); DELETING SUBSECTION 3-2102.D AND RENUMBERING THE FOLLOWING SUBSECTIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Clearwater finds and determines that Chapter 163, Part II, Florida Statutes, continues to require counties and municipalities to adopt local land development regulations that shall, inter alia, regulate signage [s. 163.3202(2)(f)]; WHEREAS,the City of Clearwater finds and determines that it is appropriate to update and revise its Community Development Code relative to signage; WHEREAS, the City of Clearwater finds and determines that it is appropriate to delete sections, subsections, paragraphs, subparagraphs, divisions, subdivisions, clauses, sentences, phrases, words, and provisions of the existing ordinance which are obsolete or superfluous, and/or which have not been enforced, and/or which are not enforceable, and/or which would be severable by a court of competent jurisdiction; WHEREAS,the City of Clearwater finds and determines that it is appropriate to ensure that the Land Development Code as it relates to signs is in compliance with all constitutional and other legal requirements; WHEREAS,the City of Clearwater finds and determines that the purpose, intent and scope of its signage standards and regulations should be detailed so as to affirm that the sign standards and regulations are concerned with the secondary effects of speech and are not designed to censor speech or regulate the viewpoint of the speaker; WHEREAS,the City of Clearwater finds and determines that the limitations on the size (area), height, number, spacing, and setback of signs, adopted herein, are based upon sign types; WHEREAS,the City of Clearwater finds and determines that limitations on signs are related to the zoning districts for the parcels and properties on which they are located; WHEREAS,the City of Clearwater finds and determines that various signs that serve as signage for particular land uses, such as drive-through lanes for businesses, are based upon content-neutral criteria in recognition of the functions served by those land uses, but not based -2- upon any intent to favor any particular viewpoint or control the subject matter of public discourse; WHEREAS,the City of Clearwater finds and determines that the sign standards and regulations adopted hereby still allow adequate alternative means of communications; WHEREAS,the City of Clearwater finds and determines that the sign standards and regulations adopted hereby allow and leave open adequate alternative means of communications, such as newspaper advertising and communications, internet advertising and communications, advertising and communications in shoppers and pamphlets, advertising and communications in telephone books, advertising and communications on cable and satellite television, advertising and communications on UHF and/or VHF television, advertising and communications on AM and/or FM radio, advertising and communications on satellite and internet radio, advertising and communications via direct mail, and other avenues of communication available in the City of Clearwater [see State v. J & J Painting, 167 N.J. Super. 384, 400 A.2d 1204, 1205 (Super. Ct. App. Div. 1979); Board of Trustees of State University of New York v. Fox, 492 U.S. 469, 477 (1989); Green v. City of Raleigh, 523 F.3d 293, 305-306 (4th Cir. 2007); Naser Jewelers v. City of Concord, 513 F.3d 27 (1st Cir. 2008); Sullivan v. City of Augusta, 511 F.3d 16, 43-44 (1st Cir. 2007); and La Tour v. City of Fayetteville, 442 F.3d 1094, 1097 (8th Cir. 2006 WHEREAS, the City of Clearwater finds and determines that the provisions of Division 18 that amend portions of the current Division IV are consistent with all applicable goals, objectives and policies of the City’s adopted Comprehensive Plan, including Goal A.3, Objective A.3.1, and Policies A.3.1.1, A.3.1.2 and A.3.1.3; WHEREAS,the City of Clearwater finds and determines that these amendments are not in conflict with the public interest; WHEREAS,the City of Clearwater finds and determines that these amendments will not result in incompatible land uses; WHEREAS,the City of Clearwater recognizes that under established Supreme Court precedent, a law that is content-based is subject to strict scrutiny under the First Amendment of the U.S. Constitution, and such law must therefore satisfy a compelling governmental interest; WHEREAS,the City of Clearwater recognizes that under established Supreme Court precedent, a compelling government interest is a higher burden than a substantial or significant governmental interest; WHEREAS,the City of Clearwater recognizes that under established Supreme Court precedent, aesthetics is not a compelling governmental interest but is a substantial governmental interest; WHEREAS,the City of Clearwater recognizes that until a recent Supreme Court decision released in June 2015, there had not been clarity as to what constitutes a content-based law as distinguished from a content-neutral law; -3- WHEREAS,the City of Clearwater recognizes that in Reed v. Town of Gilbert, Ariz., — U.S. —, 135 S. Ct. 2218, (2015), the United States Supreme Court, in an opinion authored by Justice Thomas, and joined in by Chief Justices Roberts, Scalia, Alito, Kennedy and Sotomayor, addressed the constitutionality of a local sign ordinance that had different criteria for different types of temporary noncommercial signs; WHEREAS,the City of Clearwater recognizes that in Reed, the Supreme Court held that content-based regulation is presumptively unconstitutional and requires a compelling governmental interest; WHEREAS,the City of Clearwater recognizes that in Reed, the Supreme Court held that government regulation of speech is content based if a law applies to particular speech because of the topic discussed or the idea or message expressed; WHEREAS,the City of Clearwater recognizes that in Reed, the Supreme Court held that even a purely directional message, which merely gives the time and location of a specific event, is one that conveys an idea about a specific event, so that a category for directional signs is therefore content-based, and event-based regulations are not content neutral; WHEREAS,the City of Clearwater recognizes that in Reed, the Supreme Court held that if a sign regulation on its face is content-based, neither its purpose, nor function, nor justification matter, and the sign regulation is therefore subject to strict scrutiny and must serve a compelling governmental interest; WHEREAS, the City of Clearwater recognizes that in Reed,Justice Alito in a concurring opinion joined in by Justices Kennedy and Sotomayor pointed out that municipalities still have the power to enact and enforce reasonable sign regulations; WHEREAS,the City of Clearwater recognizes that Justice Alito in the concurring opinion joined in by Justices Kennedy and Sotomayor provided a list of rules that would not be content-based; WHEREAS,the City of Clearwater recognizes that Justice Alito noted that these rules, listed below, were not a comprehensive list of such rules; WHEREAS,the City of Clearwater recognizes that Justice Alito included the following rules among those that would not be content-based: (1) rules regulating the size of signs, which rules may distinguish among signs based upon any content-neutral criteria such as those listed below; (2) rules regulating the locations in which signs may be placed, which rules may distinguish between freestanding signs and those attached to buildings; (3) rules distinguishing between lighted and unlighted signs; (4) rules distinguishing between signs with fixed messages and electronic signs with messages that change; (5) rules that distinguish between the placement of signs on private and public property; (6) rules distinguishing between the placement of signs on commercial and residential property; (7) rules distinguishing between on-premises and off- premises signs [see discussion in Memorandum dated September 11, 2015 from Lawrence Tribe to Nancy Fletcher, President, Outdoor Advertising Association of America, re Applying the First Amendment to Regulations Distinguishing Between Off-premises and On-premises Signs After Reed v. Town of Gilbert]; (8) rules restricting the total number of signs allowed per mile of -4- roadway; and (9) rules imposing time restrictions on signs advertising a one-time event, where rules of this nature do not discriminate based on topic or subject and are akin to rules restricting the times within which oral speech or music is allowed; WHEREAS, the City of Clearwater recognizes that the distinction between the location of off-premises signs and on-premises signs is a time, place and manner regulation, and is not a content-based as noted by Justice Alito, and further recognizes that in 1978 in Suffolk Outdoor, over the objection of Justices Blackmun and Powell, the U.S. Supreme Court denied review of the underlying decision for the want of a substantial federal question and that the denial on this basis was a decision on the merits, wherein the decisions was framed by the petitioner’s jurisdictional statement which presented its first question as to whether a total ban on billboards within an entire municipality was constitutional, claiming that this disparate treatment of off- premises billboards from on-premises accessory signs was a violation of the First Amendment; WHEREAS,the City of Clearwater acknowledges that the significance of Suffolk Outdoor is that it was a merits decision that recognized that it is constitutionally permissible to distinguish between on-site signs and off-site signs (Billboards) for regulatory purposes, and to ban the latter, and that this merits decision has never been overturned; WHEREAS,the City of Clearwater recognizes that Justice Alito further noted that in addition to regulating signs put up by private actors, government entities may also erect their own signs consistent with the principles that allow governmental speech [see Pleasant Grove City, Utah v. Summum, 555 U.S. 460, 467-469 (2009)], and that government entities may put up all manner of signs to promote safety, as well as directional signs and signs pointing out historic sites and scenic spots and other destination locations identified as having significance under an official governmental wayfinding plan that meet the criteria for governmental speech; WHEREAS,the City of Clearwater recognizes that Justice Alito noted that the Reed decision, properly understood, will not prevent cities from regulating signs in a way that fully protects public safety and serves legitimate esthetic objectives, including rules that distinguish between on-premises and off-premises signs; WHEREAS,the City of Clearwater recognizes that as a result of the Reed decision, it is appropriate and necessary for local governments to review and analyze their sign standards and regulations, beginning with their temporary sign standards and regulations, so as to make the necessary changes to conform with the holding in Reed; WHEREAS,the City of Clearwater recognizes that government speech is not subject to First Amendment scrutiny as was confirmed by the United States Supreme Court in Walker v. Texas Division, Sons of Confederate Veterans, Inc., 135 S.Ct. 2239 (2015), released in June 2015 the same day as the Reed decision, and the Confederate Veterans decision has been followed as to government signs by the Eleventh Circuit in Mech v. School Bd. of Palm Beach County, 806 3d 1070 (11th Cir. 2015), cert. denied, --- S.Ct. ----, 2016 WL 2943619 (October 3, 2016); WHEREAS,the City of Clearwater recognizes that under established Supreme Court precedent, commercial speech may be subject to greater restrictions than noncommercial speech and that doctrine is true for both temporary signs as well as for permanent signs; -5- WHEREAS,the City of Clearwater finds and determines that under Florida law, whenever a portion of a statute or ordinance is declared unconstitutional, the remainder of the act will be permitted to stand provided: (1) the unconstitutional provisions can be separated from the remaining valid provisions; (2) the legislative purpose expressed in the valid provisions can be accomplished independently of those which are void; (3) the good and the bad features are not so inseparable in substance that it can be said that the legislative body would have passed the one without the other; and (4) an act complete in itself remains after the valid provisions are stricken [see, e.g., Waldrup v. Dugger, 562 So. 2d 687 (Fla. 1990)]; WHEREAS,the City of Clearwater finds and determines that there have been several judicial decisions where courts have not given full effect to severability clauses that applied to sign regulations and where the courts have expressed uncertainty over whether the legislative body intended that severability would apply to certain factual situations despite the presumption that would ordinarily flow from the presence of a severability clause; WHEREAS,the City of Clearwater finds and determines that the City has consistently adopted and enacted severability provisions in connection with its ordinance code provisions; and the City wishes to ensure that severability provisions apply to its land development regulations, including its sign standards; WHEREAS,the City of Clearwater finds and determines that there be an ample record of its intention that the presence of a severability clause in connection with the City’s sign regulations be applied to the maximum extent possible, even if less speech would result from a determination that any provision is invalid or unconstitutional for any reason whatsoever; WHEREAS, the City of Clearwater finds and determines that objects and devices such as graveyard and cemetery markers visible from a public area, vending machines or express mail drop-off boxes visible from a public area, decorations that do not constitute advertising visible from a public area, artwork that does not constitute advertising; a building’s architectural features visible from a public area, or a manufacturer’s or seller’s markings on machinery or equipment visible from a public area are not within the scope of what is intended to be regulated through “land development” regulations that pertain to signage under Chapter 163 of the Florida Statutes; WHEREAS, the City of Clearwater finds and determines that the aforesaid objects and devices are commonly excluded or exempted from being regulated as signs in land development regulations and sign regulations, and that extending a regulatory regime to such objects or devices would be inconsistent with the free speech clause of the First Amendment; WHEREAS, the City of Clearwater finds and determines that the preambles in Ordinance No. 8343-12 that pertain to those provisions of Division 18 that are not amended by this ordinance are still applicable today after the Reed decision; WHEREAS, the City of Clearwater finds and determines that the city is a resort community on the east coast of the state with several miles of beaches on the Gulf of Mexico and the City has an economic base which relies heavily on tourism; -6- WHEREAS, the City of Clearwater finds and determines that in order to preserve the city as a desirable community in which to live, vacation and do business, a pleasing, visually- attractive urban environment continues to be of foremost importance; WHEREAS, the City of Clearwater finds and determines that the regulation of signs within the city is a highly contributive means by which to achieve this desired end, and that the sign standards and regulations in Exhibit A attached to proposed Ordinance 9029-17 are prepared with the intent of enhancing the urban environment and promoting the continued well- being of the city; WHEREAS,the City of Clearwater finds and determines that Article II, Section 7, of the Florida Constitution, as adopted in 1968, provides that it shall be the policy of the state to conserve and protect its scenic beauty; WHEREAS,the City of Clearwater finds and determines that the regulation of signage for purposes of aesthetics is a substantial governmental interest and directly serves the policy articulated in Article II, Section 7, of the Florida Constitution, by conserving and protecting its scenic beauty; WHEREAS,the City of Clearwater finds and determines that the regulation of signage for purposes of aesthetics has long been recognized as advancing the public welfare; WHEREAS,the City of Clearwater finds and determines that as far back as 1954 the United States Supreme Court recognized that “the concept of the public welfare is broad and inclusive,” that the values it represents are “spiritual as well as physical, aesthetic as well as monetary,” and that it is within the power of the legislature “to determine that the community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully patrolled” [Justice Douglas in Berman v. Parker, 348 U.S. 26, 33 (1954)]; WHEREAS, the City of Clearwater finds and determines that aesthetics is a valid basis for zoning, and the regulation of the size of signs and the prohibition of certain types of signs can be based upon aesthetic grounds alone as promoting the general welfare [see Merritt v. Peters, 65 So. 2d 861 (Fla. 1953); Dade Town v. Gould, 99 So. 2d 236 (Fla. 1957); E.B. Elliott Advertising Co. v. Metropolitan Dade Town, 425 F.2d 1141 (5th Cir. 1970), cert. dismissed, 400 U.S. 805 (1970)]; WHEREAS,the City of Clearwater finds and determines that the enhancement of the visual environment is critical to a community’s image and its continued presence as a tourist destination; WHEREAS,the City of Clearwater finds and determines that the sign control principles set forth herein create a sense of character and ambiance that distinguishes the city as one with a commitment to maintaining and improving an attractive environment;. WHEREAS, the City of Clearwater finds and determines that the beauty of the City of Clearwater, both with regard to its natural and built and developed environment has provided the foundation for the economic base of the City’s development, and that the City’s sign regulations -7- not only help create an attractive community for its residents, but also bolster Clearwater’s image as a tourist destination; WHEREAS, the City of Clearwater finds and determines that the goals, objectives and policies from planning documents developed over the years, demonstrate a strong, long-term commitment to maintaining and improving the City’s attractive and visual environment; WHEREAS, the City of Clearwater finds and determines that, from a planning perspective, one of the most important community goals is to define and protect aesthetic resources and community character; WHEREAS, the City of Clearwater finds and determines that, from a planning perspective, sign regulations are especially important to cities with a tourist-based economy, and sign control can create a sense of character and ambiance that distinguishes one community from another; WHEREAS, the City of Clearwater finds and determines that preserving and reinforcing the uniqueness of a tourist community like Clearwater attracts tourists and, more importantly, establishes a permanent residential and commercial base to ensure the future viability of the community; WHEREAS, the City of Clearwater finds and determines that the purpose of the regulation of signs as set forth in Exhibit A to proposed Ordinance 9029-17 is to promote the public health, safety and general welfare through a comprehensive system of reasonable, consistent and nondiscriminatory sign standards and requirements; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to enhance the attractiveness and economic well-being of the city as a place to live, vacation and conduct business; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 pertaining to warning signs and unsafe signs are intended to serve a compelling government interest by protecting the public from the dangers; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 pertaining to traffic directional signage are intended to serve a compelling government interest by protecting pedestrians and motorists from harm; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to permit signs that are compatible with their surroundings and aid orientation, and to preclude placement of signs in a manner that conceals or obstructs adjacent land uses or signs; -8- WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to preclude signs from conflicting with the principal permitted use of the site or adjoining sites; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to require signs to be constructed, installed and maintained in a safe and satisfactory manner; WHEREAS, the City of Clearwater finds and determines that the sign regulations in Exhibit A to proposed Ordinance 9029-17 are intended to preserve and enhance the natural and scenic characteristics of this coastal resort community; WHEREAS,the City of Clearwater finds and determines that the regulation of signage was originally mandated by Florida’s Local Government Comprehensive Planning and Land Development Regulation Act in 1985 (see Chapter 85-55, §14, Laws of Florida), and this requirement continues to apply to the City of Clearwater through Section 163.3202(2)(f), Florida Statutes, as referenced above; WHEREAS, the City of Clearwater finds and determines that it has adopted a land development code, known as the Community Development Code, in order to implement its Comprehensive Plan, and to comply with the minimum requirements in the State of Florida’s Growth Management Act, at Section 163.3202, Florida Statutes, including the regulation of signage and future land use; WHEREAS, the intent of flexibility in the design criteria for sidewalk signs in Table 3- 1806.1.e is to achieve a creatively designed sign that fosters an attractive, dynamic and vibrant urban environment that will enhance community character. WHEREAS, the City of Clearwater finds and determines that the Community Development Code is the manner by which the City has chosen to regulate signage; WHEREAS, the City of Clearwater finds and determines that the Community Development Code and its signage regulations were and are intended to maintain and improve the quality of life for all citizens of the City; -9- WHEREAS, the City of Clearwater finds and determines that in meeting the purposes and goals established in these preambles, it is appropriate to prohibit and/or to continue to prohibit certain sign types, as set forth in Division 18; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 8, Section 8-102, City of Clearwater Community Development Code, is hereby amended to read as follows, with deletions noted by strike-through and additions noted by underlining: * * * Decorations, holiday and seasonal mean decorations that pertain to legally or otherwise recognized holidays or to a season of the year. Decoration means any decoration visible from a public area that does not include lettering or text and is not displayed for commercial advertising. * * * Sign means any surface, fabric, device or display which bears lettered, pictorial or sculptured matter, including forms shaped to resemble any human, animal or product designed to convey information to the public and is visible from an abutting property, from a public street, sidewalk or right-of-way, or from a body of water. For the purpose of this development code, the term “sign” shall include all structural members. A sign shall be construed to form a single unit. In cases where matter is displayed in a random or unconnected manner without organized relationship of the components, each such component shall be considered a single sign. Except for banner, flags, temporary and portable signs, all signs shall be permanently affixed to, and/or incorporated into, the sign cabinet, or building wall or other base material. All signs shall be constructed of materials designed to be permanent, withstand weather conditions, and shall have permanent supports appropriate for its size. The term sign shall not include: artwork, holiday or seasonal decorations, cemetery markers, machinery or equipment signs, memorial signs or tablets. Sign, adopt a park or acknowledgment means a government sign that recognizes a sponsoring agency which has been given the opportunity to install and maintain landscaping in city rights-of-way or on a city-owned property at the site where the landscaping is located. * * * Sign, billboard means a non-point-of-sale sign that exceeds twenty-four square feet and which advertises a business, organization, event, person, place or thing or other commercial message. Sign, construction means a temporary on-premise sign that functions to identify -10- the ongoing construction activity during the time that a building permit is active and prior to completion of the work for which the permit was issued, and that may function to identify the contractor and/or any subcontractor engaged to perform construction activity on the site. * * * Sign, election means a temporary sign erected or displayed for the purpose of expressing support or opposition to a candidate or stating a position regarding an issue upon which the voters of the City may vote. * * * Sign, feather or flutter sign means a sign extending in a sleeve-like fashion down a telescoping or fixed pole that is mounted in the ground or on a building or stand. A feather sign or flutter sign is usually shaped like a sail or feather, and attached to the pole support on one vertical side. * * * Sign, free expression means a sign, not in excess of three square feet in total sign face area and whose top is not more than six feet off the ground, that functions to communicate information or views on matters of public policy or public concern, or containing any other noncommercial message that is otherwise lawful. Sign, garage-yard sale means any temporary sign pertaining to the sale of personal property at or upon any residentially-zoned property located in the City of Clearwater, provided that the on-site sale at a residentially-zoned parcel is lawful under the land use regulations and other applicable laws of the City of Clearwater. Sign, fuel price display means any on-site sign which functions exclusively to displays the prices of gasoline for sale. * * * Sign, government means any temporary or permanent sign erected by or on order of a public official or quasi-public entity at the federal, state or local government level in the performance of any duty including, but not limited to, designated wayfinding signs. noncommercial signs identifying a government building or service, traffic control signs, street name signs, warning signs, safety signs, informational signs, traffic or other directional signs, public notices of events, public notices of government actions, proposed changes of land use, any proposed rezoning, or any other governmental speech. * * * Sign, identification means any sign which indicates no more than the name, address, company logo and occupation or function of an establishment or premises on which the sign is located. -11- * * * Sign, machinery or equipment means a sign which is integral and incidental to machinery or equipment, and that is incorporated into machinery or equipment by a manufacturer or distributor to identify or advertise the product or service dispensed by the machine or equipment, such as a sign customarily affixed or incorporated into a vending machine, a telephone booth, ATM, a gasoline pump, a newspaper rack, an express mail drop-off box, or the like. * * * Sign, public purpose shall mean a sign providing notice to (a) an event, gathering, assembly or other meeting that is open to the public at large. * * * Sign, safety means a sign that functions to serves a compelling governmental purpose by providing provide a warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.). Sign, sidewalk (sometimes referred to as a Wind style sign or an A-Frame Sign a sandwich board sign) means any freestanding single or double faced sign which is designed to be placed upon, but not affixed to, the ground, or sidewalks or pavement, and that is portable and readily moved from place to place. -12- * * * Sign, sky dancers or air dancer sign means an inflatable sign that is taller than five feet and that exhibits movement when filled with air to attract attention. * * * Sign, traffic control device means any government sign located within the right- of-way that serve a compelling governmental purpose by functioning functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the National Standard. Traffic control device sign includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent), and official guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information). * * * Sign, wind-activated means a sign which uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind, and shall include pennants, ribbons, spinners, streamers, or captive balloons, however the term wind activated sign shall not include flags. * * * Section 2. Article 3, Division 18, Signs, City of Clearwater Community Development Code, is hereby revised by amending section 3-1801 (General principles); amending section 3- -13- 1803 (Exempt signs), amending section 3-1804 (Prohibited signs), deleting section 3-1805 (General standards) and substituting in its place a new section 3-1805 (General provisions for signs); deleting section 3-1806 (Signs permitted without a permit) and substituting in its place a new section 3-1806 (Temporary signs); and amending section 3-1807 (Permitted signs requiring development review), City of Clearwater Community Development Code, to read as set forth in the revisions to Division 18 attached hereto as “Exhibit A,” which is hereby adopted as part of the City of Clearwater Community Development Code. Section 3. All references to Article 3, Division 18, of the City of Clearwater Community Development Code contained elsewhere in said Code or in other Ordinances or Resolutions of the City shall be deemed to refer to Revised Article 3, Division 18 as of the effective date of this Ordinance. Section 4. Article 3, Section 3-2102.D, City of Clearwater Community Development Code, is hereby amended to delete the current Subsection 3-2102.D and re-letter the following subsections, with deletions noted by strike-through and additions noted by underlining: * * * D. Signage related to the temporary use shall not exceed 12 square feet of sign face area and no more than one sign face per street frontage shall be permitted. Signs shall be made of treated wood or other durable material. Sign copy shall not be spray-painted. Details of any proposed signage must be submitted with an application for a temporary use permit. E. D. Where a tent or similar structure is to be used in conjunction with a temporary use, the following shall be met. 1. Comply with all requirements of the fire marshal; 2. Provide the city with a certificate of insurance to cover the liability of the applicant or sponsor; and 3. Demonstrate that the tent is flame resistant by providing a certificate of flame resistance or other assurance that the structure has been properly treated with flame retarder and has been maintained as such. FE. Where a tent or similar structure is to be used in conjunction with a temporary use, the tent shall be allowed to be set-up on the day before the temporary use is scheduled to begin, and shall be allowed to be taken down the day after the temporary use is scheduled to end. However, additional time may be allowed for circuses or carnivals as determined by the community development coordinator. Section 5. This ordinance shall take effect immediately upon adoption. -14- PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos Mayor Approved as to form: Attest: ______________________________________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk -15- EXHIBIT A -16- DIVISION 18. - SIGNS Section 3-1801. - General principles. Section 3-1802. – Purpose. Section 3-1803. - Exempt signs. Section 3-1804. - Prohibited signs. Section 3-1805. - General standards. Section 3-1806. - Signs permitted without a permit. Section 3-1805. - General provisions for signs. Section 3-1806. - Temporary signs. Section 3-1807. - Permitted signs requiring development review. Section 3-1808. - Comprehensive sign program. Section 3-1809. - Severability. -17- Section 3-1801. - General principles. The regulation of signs as provided herein is based upon their function, and is not based upon the content of the message contained on any such sign. The Florida Constitution provides that it is the policy of the state to conserve and protect its scenic beauty, and the regulation of signage for purposes of aesthetics directly serves that policy. Since 1985, the Florida Statutes have required that municipalities enact land development regulations that regulate signage. The city is a resort community on the west coast of the state with more than five miles of beaches on the Gulf of Mexico. This city has an economic base which relies heavily on tourism. In order to preserve the city as a desirable community in which to live, vacation and do business, a pleasing, visually attractive urban environment is of foremost importance. The regulation of signs within the city is a highly contributive means by which to achieve this desired end. These sign regulations are prepared with the intent of enhancing the urban environment and promoting the continued well-being of the city. The enhancement of the visual environment is critical to a community's image and its continued presence as a tourist destination, and the sign control principles set forth herein create a sense of character and ambiance that distinguishes the city as one with a commitment to maintaining and improving an attractive environment. -18- Section 3-1803. - Exempt signs. The following signs are exempt from regulation under this Division 18: A. A sign, other than a window sign, located entirely inside the premises of a building or enclosed space. B. A sign on a car, other than a prohibited vehicle sign or signs. C. A statutory sign. D. A traffic control device sign. E. Any sign not visible from a public street, sidewalk or right-of-way or from a navigable waterway or body of water; except that the foregoing does not exempt a sign for a commercial use that is visible from an abutting residential use. F. A government sign. -19- Section 3-1804. - Prohibited signs. The following types of signs are prohibited: A. Feather/flutter signs; Wind-activated signs; Air-dancer signs; Sky-dancer signs. Balloons, cold air inflatables, streamers, and pennants, except as allowed on public property in Section 3-1806.R. B. Bench signs. Bench signs, other than the identification of the transit company or its route schedule. C. Billboards. D. Discontinued signs. Discontinued signs and/or sign structures which are determined to be nonconforming with the provisions of this Division 18 shall be required to be removed by the property owner after receipt of notification, or refusal to accept delivery of notification by certified mail, that such removal is required. A discontinued sign and/or sign structure which is determined to be nonconforming with the provisions of this Division 18 shall not be required to be removed if it is brought into conformity with the provisions of this Division 18 within three (3) months after receipt of notification, or refusal to accept delivery of notification by certified mail that removal is required upon failure to bring the structure into conformity. E. Electronic changeable message signs unless otherwise allowed herein or those that are existing, legally nonconforming message signs. Legally nonconforming message signs shall only be either those that have general messages that change no more frequently than once every one hour and meet the requirements of this Division 18, or they are signs that only display a change in time and/or temperature no more frequently than once every minute, as necessary to correctly reflect accurate information and not be misleading. (e.g., fuel gasoline price signs), with the following exceptions: 1.Menu signs that change no more frequently than once every three hours and that are not otherwise prohibited. 2.Existing and legally nonconforming message signs: a.General messages which change no more frequently than once every six hours, including onsite signs at gasoline price signs that meet the requirements of this Division 18; or b.Signs which only display time and/or temperature which change no more frequently than once every 15 seconds. F. Reserved. Menu signs on which the message changes more rapidly than once every three hours. G. Pavement markings, except street addresses. H. Portable signs. I.Roof and above roof signs. J.Sidewalk signs, except as provided herein. -20- K. Signs attached to or painted on piers or seawalls, other than official regulatory or warning signs. L. Signs in or upon any river, bay, lake, or other body of water. M. Permanent Signs located on publicly-owned land or easements or inside street rights-of- way., except (a) as allowed in Section 3-1806.S., (b) signs on transit shelters erected pursuant to Section 3-2203 and permitted pursuant to Section 3-1807.B.5.), (c) sidewalk signs to the extent permitted in Section 3-1806.U. or Section 3-1807.B.4., (d) as allowed in Section 3-1807.A., and (e) as allowed in Section 3-1806.V. and 3-1806.W. Prohibited signs shall include but shall not be limited to handbills, posters, advertisements, or notices that are attached in any way upon lampposts, telephone poles, utility poles, bridges, and sidewalks. This prohibition does not apply to government signs or transit shelter signage authorized by law. N. Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter. O. Signs that have unshielded illuminating devices or which reflect lighting onto public rights-of-way thereby creating a potential traffic or pedestrian hazard. P. Signs that move, revolve, twirl, rotate, flash, scintillate, blink, flutter, or appear to display motion in any way whatsoever, including animated signs, multi-prism signs, tri- vision signs, floodlights and beacon lights (except when beacon lights are required by the Federal Aviation Agency or other governmental agency for a public purpose involving public safety), unless otherwise expressly allowed by another provision within this Division 18. Q. Signs that obstruct, conceal, hide, or otherwise obscure from view any traffic control device sign or official traffic signal. R. Signs that present a potential traffic or pedestrian hazard, including signs which obstruct visibility. S. Signs attached to or placed on any tree or other vegetation. T. Signs carried, waved or otherwise displayed by persons either on public rights-of-way or in a manner visible from public rights-of-way. This provision is directed toward such displays intended to draw attention for a commercial purpose, and is not intended to limit the display of placards, banners, flags or other signage by persons participating in demonstrations, political rallies and similar events. U. Snipe signs. V. Three-dimensional objects that are used as signs. W. Vehicle signs, and portable trailer signs. X. Any permanent sign that is not specifically described or enumerated as permitted within the specific zoning district classifications in this Community Development Code. -21- Section 3-1805. - General standards. A.Setback.No sign shall be located within five feet of a property line of a parcel proposed for development. B.Neon signs and lighting.Neon signs and lighting shall be permitted as freestanding and attached signage as provided in this Division 18. When neon lighting is utilized to emphasize the architectural features of a building, such as when used to outline doorways, windows, façades, or architectural detailing, or when used to accentuate site landscaping, it shall not be regarded as signage provided such lighting does not change in intensity, brightness or color or direction. In addition, neon lighting used as freestanding designs or murals or as attached murals or designs unrelated to the architectural features of the building to which the lighting is attached shall be permitted, but shall be counted toward the allowable area of the property's or occupancy's freestanding or attached signage, as applicable. C.Illuminated signs. 1.The light from any illuminated sign shall be shaded, shielded, or directed away from adjoining street rights-of-way and properties. 2.No sign shall have blinking, flashing, or fluttering lights or other illumination devices which have a changing light intensity, brightness, color, or direction or as otherwise prohibited by Section 3-1804. 3.No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic-control devices. 4.Neither the direct nor the reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares. 5.The light which illuminates a sign shall be shaded, shielded, or directed so that no structure, including sign supports, are illuminated by such lighting. The above shall not be construed so as to prohibit an awning with signage from being externally illuminated. D.Banners and flags.A banner or flag may be used as a permitted freestanding or attached sign and, if so used, the area of the banner or flag shall be included in, and limited by, the computation of allowable area for freestanding or attached signs on the property. E.Gasoline price signs.Gasoline price display signs shall be allowed in all non-residential districts except where specifically prohibited. Gasoline price display signs shall be placed in the vicinity of the pump islands and shall not extend above any pump island canopy or they shall be attached to the primary freestanding sign for the property. If attached to the freestanding sign, the area of the gasoline price display sign shall be counted toward the allowable area for the freestanding sign. A gasoline price display sign may be changed manually or electronically. F.Awnings.Awnings may be allowed a graphic element in addition to the permitted attached sign area provided such graphic does not exceed 25 percent of the awning surface area on which the graphic is placed or 16 square feet, whichever is less. If a graphic element is placed on an awning valance, such graphic element shall be limited to 25 percent of the valance surface. If text and a graphic element are proposed on an awning, such text and -22- graphic element shall be governed by the attached signs provisions set forth in Section 3- 1807.B.3. This provision does not apply to back-lit awnings. G.Building and electrical code compliance.All signs shall comply with applicable building and electrical code requirements. H.No limitation based on message content.Notwithstanding any other provision of this Community Development Code, no sign shall be subject to any limitation based on the content of the message contained on such sign. I.Substitution of noncommercial speech for commercial speech.Notwithstanding anything contained in this Community Development Code to the contrary, any sign erected pursuant to the provisions of this Division 18 or this Community Development Code with a commercial message may, at the option of the owner, contain a noncommercial message. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial message to a noncommercial message, or from one noncommercial message to another, provided that the sign is not a prohibited sign or sign-type, provided that the manner or frequency of the change does not violate restrictions on electronic or illuminated signs, and provided that the size, height, setback and other dimensional criteria contained in this Division 18 and the Community Development Code have been satisfied. -23- Section 3-1805. – General provisions for signs. A.Building Code and Electrical Code Compliance.All signs shall comply with applicable building and electrical code requirements. B.Viewpoint Neutrality. Notwithstanding any other provision of this Community Development Code, no sign shall be subject to any limitation based upon the viewpoint of the message contained on such sign or displayed on such sign structure. C.Substitution of Noncommercial Speech for Commercial Speech. Notwithstanding anything contained in this Community Development Code to the contrary, any sign erected pursuant to the provisions of this Division 18 or this Community Development Code with a commercial message may, at the option of the owner, contain a noncommercial message in lieu of a commercial message and the noncommercial copy may be substituted at any time in place of the commercial copy. The noncommercial message (copy) may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial message to a noncommercial message, or from one noncommercial message to another, provided that the sign is not a prohibited sign or sign-type, provided that the manner or frequency of the change does not violate restrictions on electronic or illuminated signs, and provided that the size, height, setback and other dimensional criteria contained in this Division 18 and the Community Development Code have been satisfied. This provision does not permit design changes for a sign previously approved under the Comprehensive Sign Program. D.Flagpoles and Flags; Flag Brackets, Flag Stanchions, and Flags. 1. Flagpoles and Flags. For each parcel and development site in residential use with one principal structure, one flagpole may be installed and up to two (2) flags may be displayed per flagpole. For each parcel and development site that is one-half (1/2) acre or less in size and is in residential use with more than one principal structure or nonresidential use, one flagpole may be installed and up to two (2) flags may be displayed per flagpole. For each parcel and development site that is over one-half (1/2) acre in size and is in residential use with more than one principal structure or in nonresidential use, up to three flagpoles may be installed and up to two (2) flags may be displayed per flagpole. A flag shall not exceed twenty-four (24) square feet in size. 2. Flag Brackets, Flag Stanchions, and Flags. For each principal structure on a parcel, up to two flag brackets or stanchions may be attached or placed for the display of flags. A flag displayed from a flag bracket or a flag stanchion shall not exceed twenty-four (24) square feet in size. 3. For the purpose of determining the size of a flag, only one side of the flag shall be counted as the display surface. 4. Flags may be externally illuminated. 5. Flagpoles shall not exceed thirty-five (35) feet in height. E.Setback. -24- No sign shall be located within five (5) feet of a property line. Flexibility may be approved by the Community Development Coordinator if the setback cannot be met due to site constraints such as shape irregularities and/or the presence of natural features, existing utilities or easements, making complying with the setback requirement impractical or infeasible and provided sight visibility will not be negatively impacted at intersections or driveways. F.Neon and LED Lighting; Neon and LED Signs. 1. Neon and LED lighting shall not be regarded as signage when it is only used to emphasize the architectural features of a building, such as outlining doorways, windows, façades, or architectural detailing, or accentuating site landscaping, provided that the neon lighting does not change in intensity, brightness or color or direction. 2. Neon and LED signs may be permitted as freestanding and attached signage as provided in this Division 18. G.Illuminated Signs; Brightness. 1. Light from any illuminated sign shall be shaded, shielded, or directed away from adjoining street rights-of-way and properties. Light which illuminates a sign shall be shaded, shielded, or directed so that no structure, including sign supports, are illuminated by such lighting to the extent possible; however, the foregoing shall not be construed so as to prohibit an awning with signage from being externally illuminated. 2. No sign shall have blinking, flashing, or fluttering lights or other illumination devices which have a changing light intensity, brightness, color, or direction or as otherwise prohibited by Section 3-1804. No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic-control devices. Neither the direct nor the reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares. 3. All self-luminous signs are subject to brightness levels consisting of surface luminosity limits, both during the daytime and nighttime hours. During the daytime (after sunrise and before sunset), the maximum limit of luminosity shall be one thousand (1,000) nits, or 1000 cd/m2. During the nighttime hours (after sunset and before sunrise), there shall be a maximum limit of luminosity of one hundred fifty (150) nits, or 150 cd/m2. H.Awnings. Awnings may be allowed a graphic element in addition to the permitted attached sign area provided such graphic does not exceed twenty-five percent (25%) of the awning surface area on which the graphic is placed or sixteen (16) square feet, whichever is less. If a graphic element is placed on an awning valance, such graphic element shall be limited to twenty-five percent (25%) of the valance surface. If text and a graphic element are proposed on an awning, such text and graphic element shall be governed by the provisions for attached signs set forth in Section 3-1807.B.3. This provision does not apply to back-lit awnings. I.Reserved. J.Menu Signs at Drive-Through Lanes. -25- Attached menu signs of no more than six (6) square feet of total sign face area located at the entrance or service window of a restaurant. One freestanding drive-through sign no more than twenty-four (24) square feet in total sign face area and six (6) feet in height oriented toward the vehicles utilizing drive-through service for the purpose of placing an order or picking up an order at a service window. Notwithstanding the foregoing, these signs may be subject to the Comprehensive Sign Program. K.Street Address Signs. 1. One street address sign of no more than two (2) square feet of total sign face area for each parcel of land used for residential purposes. This is a required sign for each parcel of land used for residential purposes. 2. One street address sign of no more than one (1) square foot for each number contained in the property address for each parcel of land used for non-residential purposes. This is a required sign for each parcel of land used for non-residential purposes. 3. The square footage for the street address sign shall be allowed in addition to the total square signage footage allowed in Section 3-1807. L.Onsite Traffic Control Signs. Onsite traffic control signs of no more than four (4) square feet of sign face area provided that non-traffic control symbols do not exceed twenty-five percent (25%) of the sign face area. M.Parking Space Signs. Signs identifying parking space numbers provided that such signs are painted on the paved surface of each space or do not exceed one-half (1/2) square foot of sign face area per sign. N.Marina Signs. 1. Signs at a marina for slip numbers provided that such signs are painted on the dock in front of each slip or do not exceed one (1) square feet of sign face area per sign. Each individual charter/commercial vessel slip located at a commercial marina may have one sign placed in the vicinity of the slip that does not exceed six (6) square feet in total sign face area, and one additional sign of not more than eight (8) square feet in total sign face area placed in the vicinity of the slip. No sign permit is required. 2. Unless otherwise approved by the community development coordinator, two signs, not to exceed six (6) square feet in total sign face area and not to exceed six (6) feet in height may be displayed at any marina in coordination with the city for way finding and shall be considered a government sign. The community development coordinator may approve additional signs as necessary for pedestrian and vehicular traffic based on the following criteria: overall size of marina, number of pedestrian and vehicular access points, visibility of the site, intended and existing traffic circulation and consistency with Beach by Design, Clearwater Downtown Redevelopment Plan or any other applicable special area plan. O.Window Signs. Window signs may be located on any window area provided such sign or combination of signs does not exceed 25 percent of the total window area on any façade. All signs located inside an enclosed area for purposes of advertising shall be construed to be window signs. In -26- no case shall the cumulative area of all window signs on any façade exceed 50 square feet. No sign permit is required. P.Safety and Warning Signs. Safety or warning signs which do not exceed six (6) square feet of total sign face area per sign are allowed on any parcel. No sign permit is required. Q.Maintenance of Sign Location and Sign. 1. Weeds and grass shall be kept cut in front of, behind, underneath, and from around the base of the sign for a minimum distance of ten (10) feet from the sign base, and there shall be no rubbish or debris within ten (10) feet of the sign base or underneath the sign. 2. A sign shall be maintained in a state of good repair. -27- Section 3-1806. - Signs permitted without a permit. The following signs may be developed without development review pursuant to Article 4 of this Community Development Code: A. One address sign of no more than two square feet of total sign face area for each parcel of land used for residential purposes and no more than one square foot for each number contained in the property address for each parcel of land used for non-residential purposes. The square footage for the address sign shall be allowed in addition to the total square signage footage allowed in Section 3-1807. B.Free expression signs.For each parcel, one free expression sign may be displayed. A free expression sign may be displayed as an attached sign or as a freestanding sign. A free expression sign shall not exceed six square feet of total sign face area. If a free expression is displayed as a freestanding sign, the sign shall not exceed four feet in height if located on a parcel of land designated or used for single family dwellings, duplexes and townhouse units or six feet in height if located on any other parcel. The free expression sign is in addition to any sign displaying a noncommercial message in lieu of a commercial or other noncommercial message pursuant to Section 3-1805.I. C.Temporary election signs.For each parcel, one election sign for each candidate and each issue may be displayed. An election sign may be displayed as an attached sign or as a freestanding sign. On parcels that are in residential use, the election sign shall not exceed six square feet of total sign face area; and, if the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed four feet in height. On parcels that are in nonresidential use, the election sign shall not exceed 16 square feet of total sign face area; and, if the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed six feet in height. An election sign shall be removed within seven calendar days following the election to which it pertains. D.Temporary grand opening and special event signs. 1.One temporary grand opening sign shall be permitted for 30 days after the issuance of an occupational license for any new business, new owner of an existing business, or business name change. Such sign shall not exceed 24 square feet in total sign face area or such sign may be a temporary covering, such as a toaster cover, sign boot, or sign sock, which covers an existing permitted attached or freestanding sign. 2.Other temporary special event and/or public purpose signs of a temporary nature shall be approved by the community development coordinator if the signs meet the following criteria: (a) the signs are temporary signs for a limited time and frequency, (b) the signs are for a special event or a public purpose of a temporary nature, (c) the signs do not exceed the maximum height and size requirements for freestanding signs under this Community Development Code, (d) the display of temporary signs for a special event shall not begin any earlier than two calendar days before the event and shall be removed within one business day after the event, and (e) the signs, if temporary for a limited time and frequency, will meet the following purposes of Division 18, to wit: (1) the signs will not conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (2) the signs will not conflict with -28- the principal permitted use of the site or adjoining sites [Section 3-1802.J.], (3) the signs will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians [Section 3-1802.K.], and (4) the signs will be installed and maintained in a safe manner [Section 3-1802.L.]. Consistent with the general standards in Section 3-1805, the approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such signs. The community development coordinator shall render a decision within ten days after an application is made for such signs. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the community development board pursuant to Section 4-501.A of this Community Development Code. E. A single sign no more than four square feet in sign area and indicating a valet parking station and that is visible only during hours that the valet is operating. F.Temporary construction signs.One temporary construction sign located on a parcel proposed for development during the period a building permit is in force or one year, whichever is less, which sign shall not exceed: 1.Six square feet of total sign face area for parcels of land used or proposed to be used for single family dwellings, duplexes and townhouse units; 2.Sixteen square feet of total sign face area for parcels of land used or proposed to be used for multi-family purposes other than townhouse units or for non-residential purposes. If the temporary sign is displayed as a freestanding sign, the sign shall not exceed six feet in height. G.For flags displayed on a flag pole not exceeding 35 feet in height or an attached bracket:One flag per detached dwelling unit, three additional flags per parcel of land used for multifamily residential purposes, and three flags per parcel of land used for non-residential purposes. If so used, the area of the flag shall not be included in, and limited by, the computation of allowable area for freestanding or attached signs on the property. H.Temporary garage-yard sale signs.One temporary garage-yard sale sign of no more than six square feet of total sign face area located on the parcel of land where the garage or yard sale is to be conducted only on the date or dates on which the garage or yard sale is conducted. In addition, no more than two directional signs of no more than six square feet of total sign face area per sign face related to a garage or yard sale which are located on privately owned parcels of land other than the parcel of land where the garage or yard sale is to be conducted only on the date or dates on which the garage or yard sale is conducted. If the temporary sign is displayed as a freestanding sign, the sign shall not exceed four feet in height. I.Attached menu signs of no more than six square feet of total sign face area located at the entrance or service window of a restaurant. One freestanding drive-through sign no more than 24 square feet in total sign face area and six feet in height oriented toward the vehicles utilizing drive-through service for the purpose of placing an order or picking up an order at a service window. -29- J.Onsite directional and traffic control signs of no more than four square feet of sign face area provided that business logos or other non-traffic control symbols do not exceed 25 percent of the sign face area. K. Signs identifying parking space numbers provided that such signs are painted on the paved surface of each space or do not exceed one-half square foot of sign face area per sign. L.Marina slip and directional signs. 1.Signs identifying marina slip numbers provided that such signs are painted on the dock in front of each slip or do not exceed one square feet of sign face area per sign. 2.Each individual charter/commercial vessel slip located at a commercial marina may have one sign placed in the vicinity of the slip that does not exceed six square feet in total sign face area identifying the business located at the slip and one additional sign of not more than eight square feet in total sign face area placed in the vicinity of the slip to identify the vessel rate/embarking schedules, or other information. 3.Unless otherwise approved by the community development coordinator, two directional signs, not to exceed six square feet in total sign face area and not to exceed six feet in height may be displayed at any marina for purposes of way finding. The community development coordinator may approve additional signs based on the following criteria: overall size of marina, number of pedestrian and vehicular access points, visibility of the site, intended and existing traffic circulation and consistency with Beach by Design, Clearwater Downtown Redevelopment Plan or any other applicable special area plan. M.Temporary real estate signs.One temporary real estate sign per parcel of land indicating that a parcel of land or a building located on the parcel of land or part thereof is for sale, for lease or otherwise available for conveyance, provided that such sign does not exceed: 1.Six square feet of total sign face area on parcels of land designated or used for single family dwellings, duplexes and townhouse units; 2.Sixteen square feet of total sign face area on parcels of land designated or used for multi-family purposes other than townhouse units or for non-residential purposes. In the event that more than one dwelling unit or non-residential space on a single parcel of land is for sale, for lease or otherwise available, one attached sign per dwelling or space of no more than two square feet in total sign face area in addition to the permitted freestanding signage. In addition, one freestanding waterfront sign of no more than six square feet of total sign face area, not more than three square feet of sign area per sign face, for each waterfront parcel of land. If the temporary sign is displayed as a freestanding sign, the sign shall not exceed four feet in height if located on a parcel of land designated or used for single family dwellings, duplexes and townhouse units or six feet in height if located on any other parcel. -30- N. Signs located within a stadium which are not oriented toward and readable from outside of a stadium. O. Window signs may be located on any window area provided such sign or combination of signs do not exceed 25 percent of the total window area on any façade. All signs located inside an enclosed area for purposes of advertising shall be construed to be window signs. In no case shall the cumulative area of all window signs on any façade exceed 50 square feet. P. Safety or warning signs which do not exceed six square feet of total sign face area per sign. Q. A change in a sign message or panel on a previously approved, lawful sign, e.g., any sign allowed under this ordinance may contain, in lieu of any other copy, any otherwise lawful noncommercial message that complies with all other requirements of this ordinance. This provision does not permit design changes for a sign previously approved under the Comprehensive Sign Program. R. The following sign type "balloons, cold air inflatables, streamers, and pennants" shall be allowed as governmental and public purpose signs if located on public property and if the city manager finds that the sign type meets the following criteria: (1) the sign type is for a special event, (2) the special event is for a limited time, (3) the special event is for a limited frequency, and (4) the sign type, if allowed for a limited time and frequency, will meet the following purposes of this Division 18, to wit: (a) the signs will not conceal or obstruct adjacent land uses or signs (Section 3-1802.F.), (b) the signs will not conflict with the principal permitted use of the site or adjoining sites [Section 3- 1802.J.], (c) the signs will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians [Section 3-1802.K.], and (d) the signs will be installed and maintained in a safe manner [Section 3-1802(L)]. Consistent with the general standards in Section 3-1805, the approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on any such sign. The city manager shall render a decision within ten days after an application is made for utilizing this sign type at a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the community development board pursuant to Section 4-501.A of this Community Development Code. S. A sign on publicly owned land or easements or inside street rights-of-way shall be allowed if the city manager finds that the sign meets the following criteria: (1) the sign provides notice to the public of a public meeting or other public event, (2) the sign is temporary and for a limited time, and (3) the sign, if allowed for a limited time, will meet the following purposes of this Division 18, to wit: (a) the sign will not conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (b) the sign will not conflict with the principal permitted use of the site or adjoining sites [Section 3-1802.J.], (c) the sign will not interfere with or obstruct the vision of motorists, bicyclists or pedestrians [Section 3-1802.K.], and (d) the sign will be installed and maintained in a safe manner [Section 3-1802.L.]. Consistent with the general standards in Section 3-1805, the approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such sign. The city manager shall render a decision within ten days after an application is made for utilizing such a temporary sign on public -31- property. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the community development board pursuant to Section 4-501.A of this Community Development Code. T.Directional/informational signs serving a public purpose.A permanent sign on public easements or inside street rights-of-way shall be allowed if the city manager finds that the sign meets the following criteria: 1.The sign provides directions and/or information regarding public facilities and/or places of interest; and 2.The sign will meet the purposes of Division 18 to wit: (a) the sign will not conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (b) the sign will not conflict with adjoining sites, (c) the sign will not interfere with or obstruct the vision of motorists, bicyclists or pedestrians, (d) the sign will be installed and maintained in a safe manner [Section 3-1802.L.], (e) the sign is consistent with Beach by Design, Clearwater Downtown Redevelopment Plan or any other applicable special area plan and submittal of a master sign plan and (f) the sign is consistent with the general standards in Section 3-1805. The city manager or designee shall render a decision within 15 days after an application is made for utilizing such a sign on public property. The decision is not subject to the provisions of Section 4-501.A of this Community Development Code. U.Signs during public construction projects.The following signage shall be allowed in conjunction with public construction projects that are scheduled to last 180 days or longer. 1.Temporary sidewalk signs are permitted for properties abutting qualifying public construction projects in accordance with the following criteria: a.There shall be a maximum of two sidewalk signs permitted per parcel adjacent to the public construction project, and parcels with multiple businesses shall coordinate copy on the signs permitted. b.Sidewalk signs permitted under this section shall be allowed to be displayed for the duration of the public construction project starting with project commencement and shall be removed within seven days after the final acceptance, by the city, of improvements. c.The size of any sidewalk sign shall not exceed eight square feet in total sign face area, and shall not exceed four feet in height. d.Sidewalk signs permitted under this section shall be constructed in a professional and workmanlike manner from treated wood or other durable material, and copy displayed shall not be spray painted onto the signs. e.No sidewalk sign, permitted as part of this section shall be permanently erected, and shall only be displayed during hours of operation for the business being advertised. f.No sidewalk sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. -32- 2.Temporary wayfinding signs may be permitted on publicly owned land or easements or inside public rights-of-way if the city manager finds that there is a qualifying public construction project that results in a permanent and significant change to the existing traffic circulation patterns within the construction project limits. Such signage shall comply with the following criteria: a.Temporary wayfinding signs shall not be erected prior to the commencement of the public construction project and shall be removed after the conclusion of the project when the city engineer determines that the traveling public has had sufficient time to adjust to the new circulation patterns. b.Temporary wayfinding signs shall not exceed eight square feet in area and twelve feet in height. c.The number and location of temporary wayfinding signs shall be determined by the city engineer and shall serve to notify and help motorists navigate a new traffic circulation pattern. In determining the appropriate number of signs, the city engineer shall consider the nature of the changed pattern, the uses and the number of properties directly impacted by such changed patterns. d.The owner(s) of a parcel of land, shopping center including all outparcels, or office building directly affected by the changed traffic circulation pattern may request to be included on such wayfinding signs. e.Temporary wayfinding signs shall not conceal or obstruct adjacent land uses or signs, shall not interfere with or obstruct the vision of motorists, bicyclists or pedestrians. f.The city shall design, fabricate, install and remove all temporary wayfinding signs and the owners(s) of property referenced on the signs shall reimburse the city for those costs. Such signs shall be installed and maintained in a safe manner. g.The City of Clearwater retains all rights of removal for temporary wayfinding signs. V. One ten square foot freestanding sign not more than five feet in height or one ten square foot attached sign per city park or city recreation facility for the purposes of identifying a program provider or information concerning programs at such park or recreation facility. The design of any such signs shall be approved by the parks and recreation department. W.Adopt-a-park and acknowledgement signs. 1.Adopt-a-park signs may be erected in city rights-of-way or on city-owned property. An adopt-a-park sign shall not exceed three square feet in total sign face area. If freestanding, and adopt-a-park sign shall not exceed 18 inches in height and shall be located, in a landscaped setting. Adopt-a-park signs shall be selected from the approved city street signs catalogue maintained by the manager of traffic operations, provided the sign design conforms with one of the city prescribed designs maintained by the parks and recreation department. The community development coordinator may approve additional adopt-a-park signs based on the -33- following criteria: overall size of site, number of entrances, frontage, access and visibility of the site, intended and existing traffic circulation. 2.Acknowledgment signs may be erected in city rights-of-way or on city-owned property as follows. Such signs may also be affixed or incorporated into a public amenity such as an ash tray or public bench that is located on public property and that is approved by the community development coordinator provided that it is no greater than one square foot in area, is rust-free, and is unobtrusive. -34- Section 3-1806. – Temporary signs. A.Within its zoning districts and subject to any applicable provisions with Section 3-1806, general provisions for signs, the city shall allow temporary signs that meet the criteria and limitations set forth in Table 3-1806.1a and Table 3-1806.1b, shown below. B.A temporary sign displayed on a window surface must be displayed on the inside of the window surface, shall cover no more than twenty-five (25%) of the aggregate window surface area, and shall not be illuminated. This temporary sign allowance shall be reduced by any window surface area already covered by signage allowed in Section 3-1805.O. -35- TABLE 3-1806.1a. CRITERIA AND LIMITATIONS FOR SIDEWALK SIGNS Location In front of primary retail and restaurants within the linear footage of the storefront. Also in the immediate vicinity of parking garages/lots and valet stands. 1 Maximum Number of Signs 1 per business Maximum Width 2 feet Maximum Height 3-1/2 feet Maximum Distance from Building Wall (as measured at the nearest point of sidewalk sign) 2 feet, except 5 feet in the Cleveland Street Café District in the Downtown zoning District and 2 feet from the entryway of a parking garage/lot and valet stands. Maximum Width of Public Sidewalk that the Sign May Obstruct 4 foot clear path on the sidewalk shall be maintained Duration Allowed Only during hours while business or valet service is operating Allowed on Public Property and Right-of-Way Yes Allowed in a Sight Visibility Triangle No Design Criteria Restricted2 Permit Required Yes3 1 Properties adjacent to a public construction project scheduled to last 180 days may also erect sidewalk signs in compliance with the following: a.No more than two sidewalk signs per parcels. b.Parcels with multiple businesses shall coordinate copy on the signs. c.Sign size is limited to 4 feet in height and 8 square feet in area. d.Signs must be constructed in a professional and workmanlike manner from treated wood or other durable material. Sign copy shall not be spray painted onto the signs. e.No sidewalk sign shall block any public right-of-way, shall maintain a 4 foot clear path and shall not be located within the visibility triangle of intersections or driveways. f.Sidewalk signs shall be removed within 7 days after City’s final acceptance of the improvements or completion of the public project. 2 Design Criteria a.All sidewalk sign frames shall: i.be made of durable wood, plastic, or metal only and shall present a finished appearance, and the color of such frames shall be limited to metallic silver/grey, black, white or stained wood. ii.support only black or green colored chalk boards, black, wet marker boards or professional design advertisement/posters made of durable material with clear, non-glare protective covering. b.Sidewalk signs shall not be illuminated or incorporate fluorescent colors. c.Sidewalk signs shall not be attached to any structure, pole, object, building, or other sign or contain moving parts or have balloons, streamers, pennants or similar adornment attached. d.Only wind signs may be allowed to have wheels. e.Flexibility with regard to sign style and size may be considered, provided the sign is designed as part of the architectural theme of the property and/or use using similar and coordinated design features, materials, and colors. 3Permit Information a.A permit shall be obtained on a yearly basis. b.A sketch, photo or drawing of the proposed sidewalk sign, along with the required fee, shall be submitted and approved prior to the placement of the sidewalk sign. c.If proposed to be placed in a public right-of-way, evidence of general liability insurance in the amount of $1,000,000 in a form acceptable to the city, with the city named as additional insured shall also be provided. -36- TABLE 3-1806.1b. CRITERIA AND LIMITATIONS FOR ALL OTHER TEMPORARY SIGNS IN ALL ZONING DISTRICTS CRITERIA Residential Zoning Districts Non-Residential Zoning Districts Maximum Number of Temporary Signs Per Parcel 1 8 4 Maximum Sign Size (Area) for a Temporary Sign 2 4 sf.16 sf. Maximum Sign Height for a Temporary Freestanding Sign3 6 ft.6 ft. Maximum Sign Height for a Temporary Attached Sign (inclusive of a Window Sign) 15 ft.15 ft. Minimum Sign Setback required to be maintained by a Temporary Freestanding Sign from any property line4 5 ft.5 ft. Minimum Sign Setback required to be maintained by a Temporary Freestanding Sign from the edge of any paved street or road 5 ft.5 ft. Minimum Radial Spacing that is required to be maintained by a Temporary Freestanding Sign from any other Temporary Freestanding Sign5 15 ft.15 ft. Maximum Aggregate Surface Area Allocated for All Temporary Signs on a Parcel6 64 sf.128 sf. Whether Temporary Sign is Allowed on Public Property or Public Right- of-Way No No Whether Temporary Sign is Allowed within a Sight Visibility Triangle No No Whether Direct Illumination of Surface of a Temporary Sign is Allowed No No Whether Fluorescent Color on a Temporary Sign is Allowed No No Duration Allowed After Event Ends 3 calendar days 3 calendar days 1 The number of temporary commercial signs per parcel shall be no more than two (2) signs; however, no more than one temporary commercial sign per parcel may be a banner sign and a temporary commercial banner sign is limited to a maximum duration of display of no more than thirty (30) days per calendar year per parcel. 2 The square footage limitation is per side for a back-to-back sign. For example, a four (4) square foot limitation means that there is a limit of four (4) square feet of surface area per side of a back-to-back sign, and an aggregate limit of eight (8) square feet is allowed if the sign is a back-to-back temporary sign. 3 Not applicable to signs displayed on flagpoles. 4 Minimum sign setbacks do not apply to attached signs. Except as set forth in Section 3-1806 for Sidewalk Signs as allowed herein and for Valet Stands as allowed herein, All Temporary Signs are prohibited on public property and from public rights-of-way. 5 Not applicable to signs displayed on flagpoles. 6 There is no limit to the number of separate messages that may appear on the allowable surface(s) of any Temporary Sign. The maximum aggregate surface area allowed is subject to circumstances that may reduce the maximum aggregate surface area allowable on some parcels. -37- Section 3-1807. - Permitted signs requiring development review. A.Residential.The following signs shall be permitted in all residential zoning districts: * * * b.Such sign(s) shall be erected on privately-owned property. In the event there is insufficient land owned by a single-family subdivision association or multi-family development developed prior to March 8, 1999, however, the community development coordinator, parks and recreation department, and public works administration may approve the location of such sign in a city right-of-way or on city-owned property provided that such signs are in compliance with Section 3- 1807.A.1.a. above and will not obstruct the vision of motorists, bicyclists or pedestrians, be installed and maintained in safe and neat manner, will not conflict with the principal permitted use of the site or adjoining sites; and that a city right- of-way permit be obtained prior to the installation. * * * B.Non-residential.All signs must be architecturally integrated into the design of the building and/or site using similar and coordinated design and style features, materials and colors. Attached signs shall be horizontally and vertically proportionately located on each façade with no protrusions above roof lines, over windows, trim, cornices, or other building features. Signs for new shopping centers with three or more tenants, including all out parcels, office parks or any master plan development shall be reviewed and approved through the Comprehensive Sign Program set forth in Section 3-1808. * * * 4.Sidewalk signs.Primary permitted retail and restaurant uses may erect one double sided sidewalk sign 42 inches in height and 24 inches in width in accordance with the following provisions, but only in connection with the primary permitted use. Retail, restaurant or other uses which are accessory to another use are not allowed to display sidewalk signs. a.Display of sign.Sidewalk signs shall be displayed only during the hours the business is open and shall be moved indoors at the close of business. b.Location. i.Sidewalk signs shall be placed on the sidewalk in front of the business erecting the sign within its linear frontage. ii. The nearest point of the sidewalk sign shall be no more than two feet from the building wall. However, in the Cleveland Street Café District in the Downtown zoning district, the nearest point shall be five feet from the building wall. iii. A minimum pedestrian path of at least four feet shall be maintained at all times. iv. Sidewalk signs shall not impede ingress or egress to or from a business entrance, be located within a drive aisle, parking area or on any landscaped area, nor block any fire hydrant access or visibility or be located within the visibility triangle of intersections or driveways. -38- c.Design criteria. i.Sidewalk sign frames shall be constructed of durable wood, plastic or metal and present a finished appearance. Sidewalk signs known as wind signs may have a plastic frame and base with or without wheels. Frames shall support black or green chalkboards, black wet markers boards or professionally designed advertisements/posters of a durable material with a clear, non-glare protective covering. Frame and base colors shall be limited to a metallic silver/grey, black, white or be a stained wood. Flexibility with regard to this design criteria may be granted by the community development coordinator in order to achieve a creatively designed sign using a particular symbol or logo indicative of the type of business and services being advertised. ii. Plastic signs, white marker boards, letter track panels (for manually changeable copy), acrylic/plastic panels, hand painted and spray painted copy, tri-folded signs, signs supported by two or more legs that extend three inches or more beyond the face of the sign, bases with hinged feet that fold flat and other similar features and sign designs shall be prohibited. Swinger style sidewalk signs shall also be prohibited unless of a unique design as determined by the community development coordinator. iii. Sidewalk signs shall not be illuminated nor contain moving parts or have balloons, streamers, pennants or similar adornment attached to them. iv. Sidewalk signs shall not be attached to any structure, pole, object, or sign. d.Permit required yearly.A permit for a sidewalk sign shall be obtained on a yearly basis. A permit application with a sketch, photo or drawing of the sidewalk sign and the required fee shall be submitted and approved prior to the placement of a sidewalk sign on public or private property. Sidewalk signs to be placed in a public right-of-way shall also submit evidence of general liability insurance in the amount of $1,000,000.00 in a form acceptable to the city, with the city named as additional insured. A permit shall only authorize the sign submitted along with the permit application. Any changes to the approved sign will require the business owner to obtain a new permit. e.Removal by the city.The city shall have the authority to secure, remove or relocate any sidewalk sign located in the public right-of-way if necessary in the interest of public safety, in emergency situations, or if the sign is not in compliance with any provisions of this section. 45.Transit and shelter signs.Signs are permitted on transit shelters approved in accordance with Article 3 Division 22 of this Community Development Code, subject to the following restrictions: a.The advertising contained in the transit shelter shall be limited to the "downstream" end wall (furthest from approaching transit vehicles) for a two-sided or flared and secured panel. b.Lighting of advertising materials shall be limited to back-lighting. -39- c.No advertising poster shall exceed 24 square feet in area, or be greater than six feet in height and four feet in width. d.The total number of transit shelters containing advertising shall not exceed 50 within the Clearwater planning area provided in the interlocal agreement between the city and county in effect as of January 14, 1992. 56.Certain changeable message and copy signs. a. Electronic changeable message signs shall be permitted for venues or facilities that seat 2,000 or more people, fuel price signs, menu signs, schools and places of worship provided: (a) the electronic changeable messages are part of a freestanding sign; (b) the electronic message area shall be limited to no more than forty percent (40%) of the overall permitted freestanding sign face area, shall be located on the lower portion of the sign face and shall be contiguous to the other copy area of the sign face; (c) electronic message signs shall be architecturally integrated to the design of the freestanding sign face and (d) shall be consistent with the width and depth of the sign cabinet. The general message for electronic changeable message signs at schools, places of worship, venues/facilities that seat 2,000 or more people or on fuel price and menu signs may change no more frequently than once every ten minutes. ab. Electronic changeable message signs shall be permitted for a facility or venue that has seating for more than 2,000 or more people must also meet these additional criteria: (a) it is located on public property that exceeds 35 acres, and (b) it serves a significant public purpose directly related to the facility or venue, and (c) the sign type will meet the following purposes of this Division 18, to wit: (1) the sign will not conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (2) the sign will not conflict with the principal permitted use of the site or adjoining sites [Section 3-1802.J.], (3) the sign will not interfere with or obstruct the vision of motorists, bicyclists or pedestrians [Section 3-1802.K.], and (4) the sign will be installed and maintained in a safe manner [Section 3-1802.L.]. Consistent with the general standards in Section 3-1805, the approval or disapproval by the City shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such sign. bc. Any sign may include an area for manually changeable copy provided the sign meets all of the area and design requirements set forth in Division 18, including but not limited to any and all criteria that limits sign area by percentage or any requirement that requires any color coordination or other such design criteria. 67.Nonconforming uses.Any nonconforming use, which would be entitled to a sign if it were conforming, shall be permitted to erect the maximum amount of allowable signage in the district in which the use is located. C.On-premise signs in public parks and on school grounds.In any public park or on On any school grounds in any zoning district, the following signs are permitted. 1.One freestanding entry sign for each major entry into a school or a park of not more than 20 50 square feet in total sign face area 2.The height of the sign shall not exceed six 14 feet. -40- 3.A freestanding sign shall be installed in a landscaped area consisting of shrubs and/or ground cover not less than three feet in width around the entire base of the sign and shall include the address of the property on which the sign is to be located. END MOTION TO AMEND ORDINANCE NO. 9029 -17 ON FIRST READING On page 23, amend Section 3- 1805.D — General provisions for signs to add the following language: D. Flagpoles and Flags; Flag Brackets, Flag Stanchions, and Flags. 1. Flagpoles and Flags. For each parcel and development site in residential use with one principal structure, one flagpole may be installed and up to two (2) flags may be displayed per flagpole. For each parcel and development site that is one -half (1/2) acre or less in size and is in residential use with more than one principal structure or nonresidential use, one flagpole may be installed and up to two (2) flags may be displayed per flagpole. For each parcel and development site that is over one -half (1/2) acre in size and is in residential use with more than one principal structure or in nonresidential use, up to three flagpoles may be installed and up to two (2) flags may be displayed per flagpole. A flag shall not exceed twenty -four (24) square feet in size. On page 39, amend Section 3- 1807.B.5 - Permitted signs requiring development review to add and delete the following language: 5. Certain changeable message and copy signs. a. Electronic changeable message signs shall be permitted for venues or facilities that seat 2,000 or more people, fuel price signs, menu signs, schools and places of worship provided: a) the electronic changeable messages are part of a freestanding sign; (b) the electronic message area shall be limited to no more than forty percent (40 %) of the overall permitted freestanding sign face area, shall be located on the lower portion of the sign face and shall be contiguous to the other copy area of the sign face; (c) electronic message signs shall be architecturally integrated to the design of the freestanding sign face and (d) shall be consistent with the width and depth of the sign cabinet. The general message for electronic changeable message signs at schools, places of worship, venues /facilities that seat 2,000 or more people or on fuel price and menu signs may change no more frequently than once every one-hour 10 minutes. ak4 Pamela K. Akin City Attorney June 14, 2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: REZ2017-02002 Agenda Date: 6/14/2017 Status: Quasi-JudicialVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Withdraw a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Medium Density Residential (MDR) District for 301, 302, 303, 309, 310 and 311 Cedar Street; and withdraw Ordinance 9028-17 on first reading. (REZ2017-02002) SUMMARY: At their May 16, 2017 meeting, the Community Development Board (CDB) continued the public hearing of this item to June 20, 2017 at the applicant’s request. On May 22, 2017, the applicant withdrew the application for a Zoning Atlas amendment. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 6/13/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9029-17 continue 2nd rdg Agenda Date: 6/14/2017 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Continue 2nd reading of Ordinance 9029-17 to July 20, 2017: Approve amendments to the Clearwater Community Development Code relating to signage. (TA2017-03005) SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 6/13/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9042-17 continue 2nd rdg Agenda Date: 6/14/2017 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Continue 2nd reading of Ordinance 9042-17 to a date uncertain: Approve an amendment to the Community Development Code establishing a medical marijuana treatment use and applicable criteria. (TA2017-01001) SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 6/13/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 7049-17 continue 2nd rdg Agenda Date: 6/14/2017 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Continue 2nd reading of Ordinance 7049-17 to July 20, 2017: Approve the request from City of Clearwater staff to vacate a portion of Public Right-of-Way of Haven Street and real property dedicated as Right-of-Way in Official Records 4867, Page 1478. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 6/13/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9052-17 & 9053-17 Agenda Date: 6/14/2017 Status: City Manager ReportVersion: 1 File Type: OrdinanceIn Control: Office of Managment & Budget Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Amend the City’s fiscal year 2016/17 Operating and Capital Improvement Budgets at mid-year and pass Ordinances 9052-17 and 9053-17 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. Staff has provided a memorandum outlining the issues at mid-year that require amendment. Page 1 City of Clearwater Printed on 6/13/2017 Mid Year 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 Micah Maxwell, Assistant City Manager Department Directors SUBJECT: Mid Year Budget Review - Amended City Manager's Annual Budget Report DATE: May 30, 2017 Attached is the Mid Year Budget Review in accordance with the City Code of Ordinances. The report is based on six months of activity (October, 2016 through March, 2017) 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 $4,941,382. The General Fund expenditure increase at mid year is due to Council approved appropriations of General Fund reserves which total $4,941,382. Amendments include $107,750 to fund increased costs in the Missouri Avenue Median Beautification project; $4,265,000 to fund the purchase of the 301 Pierce Street property; $500,000 to fund the Imagine Clearwater Implementation project; and $68,632 for the Keys settlement. 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 mid year are approximately $26.1 million, or 19.8% of the current year’s General Fund budget, exceeding our minimum reserve requirement by $14.9 million. Significant amendments to other City Operating Funds are noted as follows. Mid Year Budget Review Fiscal Year 2016-17 City Manager's Transmittal Gas Fund Mid year amendments to Gas Fund expenditures reflect an increase of $166,422 . Significant amendments include a net decrease of $175,000 in personnel costs, a net decrease of $992,513 in operating costs primarily related to gas purchases, increased capital purchases which total $163,140, and an increase of $1,170,795 to transfers for the annual dividend payment to the General Fund. Amendments to Gas Fund revenues offset this expenditure increase. Solid Waste and Recycling Fund Mid year amendments to Solid Waste and Recycling Fund expenditures reflect an increase of $80,000 to fund increased hauling and processing costs for single stream recycling. Amendments increasing operating revenues in the Solid Waste and Recycling Fund more than offset this expenditure increase. Parking Fund Expenditure amendments in the Parking Fund reflect a transfer of $7,500 to the Beach Guard Facility Maintenance project to fund architectural drawings for a new guard tower to be built on north Clearwater beach. Operating revenues in the Parking Fund more than offset this budget increase. Capital Improvement Fund Mid year amendments to the Capital Improvement Fund reflect a net increase of $21,104,496. This increase is primarily the result of the following amendments: increase s which total $20,194,063 to bond proceed revenues in various Water and Sewer Fund projects due to the scheduled utility bond issue; transfers from General Fund reserves for $500,000 in the Imagine Clearwater Implementation project, and $107,750 in the Missouri Avenue Median Beautification project; increases in the Jack Russell Demo & Refurbishment project representing $100,000 in donation revenue and $128,000 in General Fund revenue; and an increase of $67,981 in grant funding from FDOT in the Druid Road Improvements project. All major project budget increases listed above have been previously approved by Council and are summarized on page 21. Special Program Fund The Special Program Fund reflects a net budget increase of $1,035,749 at mid year. Significant amendments include the recognition of $10,000 in grant revenues supporting the 2016 HVE Pedestrian and Bicycle Safety program; a total of $122,706 in donation revenues for Library programs and the Police Department’s Crime Prevention program; $631,912 for the special events and sponsorship program; $75,941 in fines and court proceeds to support public safety programs and the tree replacement program; and over $195,190 in contractual service revenue for Police Extra Duty and Investigative Cost Recovery. CITY OF CLEARWATER CITY OF CLEARWATER MID YEAR SUMMARY THIRD QUARTER SUMMARY 2016/17 2016/17 FY 16/17 First Adopted Quarter Mid Year Mid Year Mid Year Amended Description Budget Amended Projected Actual Variance %Adjustment Budget General Fund: Revenues 131,648,530 132,121,850 79,838,674 78,704,519 (1,134,155) -1%4,941,382 137,063,232 Expenditures 131,648,530 132,121,850 74,098,252 72,163,590 1,934,662 3%4,941,382 137,063,232 Utility Funds: Water & Sewer Fund Revenues 77,470,950 77,470,950 38,738,476 39,249,027 510,551 1%- 77,470,950 Expenditures 74,084,730 74,084,730 41,317,084 39,633,615 1,683,469 4%- 74,084,730 Stormwater Fund Revenues 18,100,120 18,100,120 9,049,768 9,326,587 276,819 3%- 18,100,120 Expenditures 17,653,660 17,653,660 12,075,409 11,593,794 481,615 4%- 17,653,660 Gas Fund Revenues 52,038,850 52,038,850 21,973,986 21,113,483 (860,503) -4%166,422 52,205,272 Expenditures 52,038,850 52,038,850 36,047,597 34,376,430 1,671,167 5%166,422 52,205,272 Solid Waste and Recycling Fund Revenues 24,718,850 24,718,850 12,360,426 12,893,821 533,395 4%392,200 25,111,050 Expenditures 24,536,640 24,586,640 13,008,225 11,875,721 1,132,504 9%80,000 24,666,640 Enterprise Funds: Marine Fund Revenues 4,481,480 4,481,480 2,083,612 1,892,399 (191,213) -9%- 4,481,480 Expenditures 4,223,510 4,223,510 1,895,738 1,941,989 (46,251) -2%- 4,223,510 Airpark Fund Revenues 299,700 299,700 149,800 157,061 7,261 5%- 299,700 Expenditures 249,330 249,330 144,805 138,643 6,162 4%- 249,330 Clearwater Harbor Marina Fund Revenues 794,190 794,190 418,698 407,814 (10,884) -3%- 794,190 Expenditures 643,770 643,770 350,572 305,090 45,482 13%- 643,770 Parking Fund Revenues 6,593,610 6,610,588 2,816,878 3,599,710 782,832 28%- 6,610,588 Expenditures 5,125,320 5,175,320 3,084,577 2,576,664 507,913 16%7,500 5,182,820 Internal Service Funds: General Services Fund Revenues 4,884,560 4,979,560 2,442,276 2,469,675 27,399 1%- 4,979,560 Expenditures 4,884,560 4,979,560 2,680,222 2,547,464 132,758 5%- 4,979,560 Administrative Services Revenues 11,752,010 12,252,010 5,417,884 5,387,613 (30,271) -1%- 12,252,010 Expenditures 11,752,010 12,252,010 7,435,362 7,201,398 233,964 3%- 12,252,010 Garage Fund Revenues 17,484,130 17,484,130 8,515,300 7,346,043 (1,169,257) -14%- 17,484,130 Expenditures 17,484,130 17,484,130 9,130,923 7,331,394 1,799,529 20%- 17,484,130 Central Insurance Fund Revenues 25,019,590 25,019,590 12,519,804 12,064,993 (454,811) -4%- 25,019,590 Expenditures 24,856,420 24,856,420 12,457,432 9,362,601 3,094,831 25%- 24,856,420 1 MID YEAR REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2016-17 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 8 Other Enterprise Funds Operating Budgets ................................................................................. 13 Internal Service Funds Operating Budgets ................................................................................... 17 Capital Improvement Program Budget ........................................................................................ 21 Special Program Fund Budget ....................................................................................................... 40 Special Development Fund ........................................................................................................... 44 Administrative Change Orders ...................................................................................................... 47 Ordinances ..................................................................................................................................... 48 Mid Year 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 six months, October 1, 2016 through March 31, 2017. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after March 31, 2017. 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. Mid Year Projections Monthly budgets submitted by departments are based on prior year experience and unique circumstances. Variance Difference between Mid Year projected and Mid Year actual. Variance % % of variance to Mid Year projection. 2 Adjustments Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on Mid Year 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 Mid Year 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 - At mid year,local option,fuel and other taxes revenues exhibit a 11%negative variance.This is primarily related to timing of collection of business tax license revenue.No amendment is proposed until further months of revenue are available for review. Franchise Fees - At mid year,franchise fee revenues reflect a 20%negative variance primarily related to the Duke Energy fee.Revenues received for the first seven months of the year are approximately 22%lower than projections.No amendment is proposed at this time. Other Permits and Fees - At mid year,other permits and fee revenues reflect a 15% positive variance due to better than projected building/sign permit revenues. No amendment is proposed at this time. - At mid year,fines and forfeitures revenues reflect a 64% positive variance primarily due to red light camera revenue. No amendment is proposed until further months of activity are available to review. Miscellaneous - At mid year,miscellaneous revenues reflect a 15%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. - At mid year,transfer in revenues reflect a 10%negative variance due to the timing of receipt of the annual gas dividend payment. No amendments are proposed. Local Option, Fuel & Other Taxes Judgments, Fines & Forfeitures City of Clearwater General Fund Revenues Mid Year Amendments FY 2016/17 Transfers In 3 Increase/ (Decrease)Description City of Clearwater General Fund Revenues Mid Year Amendments FY 2016/17 Mid year amendments reflect a net appropriation of $4,941,382 from General Fund reserves.Amendments represent the following allocations: 107,750 1)An allocation of $107,750 from fund reserves to capital project 315-93322,Missouri Avenue Median Beautification,to provide additional funding as approved by Council on March 13, 2017. 4,265,000 2)An allocation of $4,265,000 from fund reserves for the purchase of 301 Pierce Street as approved by the Council on April 20, 2017. 500,000 3) An appropriation of $500,000 from fund reserves to capital project 315-94892, Imagine Clearwater Implementation as approved by Council on April 25, 2017. 68,632 4) An appropriation of $68,632 from fund reserves to fund the Keys settlement as approved by the Council on May 17, 2017. 4,941,382 4,941,382 Net General Fund Revenue Amendment Net Transfer (to) from Retained Earnings Transfer (to) from Surplus 4 Increase/ (Decrease)Description - At mid year,the City Manager's office reflects a 22%positive variance primarily due to the Assistant City Manager vacancy for the first few months of the year.No amendments are proposed. - At mid year,the Human Resources department reflects a 14%positive variance primarily due to salary savings from position turnover and some operating savings. - At mid year,the Marine and Aviation department reflects a 13%positive variance primarily due to lower than projected inventory purchases for resale. - Mid year amendments to Parks &Recreation expenditures reflect a net zero amendment transferring $128,000 in salary savings to capital project 315-93656,Jack Russell Demolition & Refurbishment. - At mid year,the Planning and Development department reflects a 10%positive variance primarily due to salary savings from position turnover and some operating savings. - At mid year,the Public Utilities Maintenance Facility cost center reflects a 12% positive variance primarily due to lower than projected utilities costs. City of Clearwater General Fund Expenditures Mid Year Amendments FY 2016/17 City Manager's Office Public Utilities (Maintenance Facility) Parks & Recreation Marine & Aviation Planning & Development Human Resources 5 Increase/ (Decrease)Description City of Clearwater General Fund Expenditures Mid Year Amendments FY 2016/17 Non-Departmental 4,333,632 Amendments to the Non-Departmental cost center reflect an increase of an increase of $4,333,632 which represents the following:1)an increase of $4,265,000 to land purchases,to fund the purchase 301 Pierce Street as approved by Council on April 20,2017;and 2)and increase of $68,632 to legal settlements to fund the Keys settlement as approved by Council on May 17, 2017. Amendments to Non-Departmental also reflect City Council approved interfund transfers of $607,750 to capital improvement projects, as follows: 107,750 1)A transfer of $107,750 from fund reserves to capital project 315-93322,Missouri Avenue Median Beautification, to provide additional funding as approved by Council on March 16, 2017. 500,000 2)A transfer of $500,000 from fund reserves to capital project 315-94892,Imagine Clearwater Implementation as approved by Council on April 25, 2017. 4,941,382 4,941,382 Net General Fund Expenditure Amendment 6 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget General Fund Revenues Ad Valorem Taxes 44,384,830 40,478,200 41,014,570 536,370 1%- 44,384,830 Utility Taxes 14,717,600 6,053,702 5,974,969 (78,733) -1%- 14,717,600 Local Option, Fuel and Other Taxes 7,100,400 3,720,132 3,305,416 (414,716) -11%- 7,100,400 Franchise Fees 10,280,100 4,335,875 3,472,274 (863,601) -20%- 10,280,100 Other Permits & Fees 2,372,250 1,186,128 1,362,850 176,722 15%- 2,372,250 Intergovernmental 23,054,960 9,065,422 9,116,039 50,617 1%- 23,054,960 Charges for Services 16,021,540 7,792,252 7,410,748 (381,504) -5%- 16,021,540 Judgments, Fines and Forfeitures 950,400 438,028 717,232 279,204 64%- 950,400 Miscellaneous Revenues 1,986,180 1,025,090 1,183,037 157,947 15%- 1,986,180 Transfers In 9,166,309 5,743,845 5,147,384 (596,461) -10%- 9,166,309 Total Revenues 130,034,569 79,838,674 78,704,519 (1,134,155) -1%- 130,034,569 Transfer (to) from Surplus 2,087,281 - - - ~4,941,382 7,028,663 Adjusted Revenues 132,121,850 79,838,674 78,704,519 (1,134,155) -1%4,941,382 137,063,232 General Fund Expenditures City Council 331,360 184,069 177,431 6,638 4%- 331,360 City Manager's Office 993,950 507,845 394,539 113,306 22%- 993,950 City Attorney's Office 1,651,920 843,384 768,557 74,827 9%- 1,651,920 City Auditor's Office 216,330 113,288 111,478 1,810 2%- 216,330 CRA Administration 395,140 213,147 205,675 7,472 4%- 395,140 Economic Development and Housing 1,706,650 1,087,003 1,027,897 59,106 5%- 1,706,650 Engineering 7,865,730 4,123,389 4,013,958 109,431 3%- 7,865,730 Finance 2,472,950 1,325,837 1,201,151 124,686 9%- 2,472,950 Fire 26,312,890 13,968,015 14,338,872 (370,857) -3%- 26,312,890 Human Resources 1,226,130 642,311 552,873 89,438 14%- 1,226,130 Library 7,219,940 3,979,596 3,830,641 148,955 4%- 7,219,940 Marine & Aviation 1,252,860 678,384 588,729 89,655 13%- 1,252,860 Non-Departmental 7,040,660 6,004,514 6,017,495 (12,981) 0%4,941,382 11,982,042 Official Records and Legislative Svcs 1,060,210 559,459 515,359 44,100 8%- 1,060,210 Parks & Recreation 25,682,620 14,765,345 14,137,402 627,943 4%- 25,682,620 Planning & Development 5,627,690 3,009,236 2,695,855 313,381 10%- 5,627,690 Police 39,781,790 21,423,286 20,943,198 480,088 2%- 39,781,790 Public Communications 997,000 527,134 516,891 10,243 2%- 997,000 Public Utilities 286,030 143,010 125,587 17,423 12%- 286,030 Total Expenditures 132,121,850 74,098,252 72,163,590 1,934,662 3%4,941,382 137,063,232 For Six Month Period of October 1, 2016- March 31, 2017 GENERAL FUND MID YEAR REVIEW 7 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget WATER & SEWER FUND Water & Sewer Revenues: Charges for Service 76,596,950 38,298,474 38,528,613 230,139 1%- 76,596,950 Judgments, Fines and Forfeits 271,000 135,498 148,618 13,120 10%- 271,000 Miscellaneous 603,000 304,504 487,196 182,692 60%- 603,000 Transfers In - - 84,600 84,600 ~- - Fund Equity - - - - ~- - Total Revenues 77,470,950 38,738,476 39,249,027 510,551 1%- 77,470,950 Water & Sewer Expenditures: Public Utilities Administration 1,586,550 815,853 694,195 121,658 15%- 1,586,550 Wastewater Collection 10,632,980 8,074,694 7,984,651 90,044 1%- 10,632,980 Public Utilities Maintenance 4,646,290 2,420,195 2,197,908 222,287 9%- 4,646,290 WPC / Plant Operations 19,603,910 10,741,241 10,119,707 621,534 6%- 19,603,910 WPC / Laboratory Operations 1,613,290 833,151 733,878 99,273 12%- 1,613,290 WPC / Industrial Pretreatment 955,760 498,504 551,028 (52,524) -11%- 955,760 Water Distribution 6,704,070 3,643,788 3,401,886 241,902 7%- 6,704,070 Water Supply 12,079,990 6,102,226 5,917,442 184,784 3%- 12,079,990 Reclaimed Water 2,487,730 1,300,350 1,175,182 125,168 10%- 2,487,730 Non-Departmental 13,774,160 6,887,082 6,857,739 29,343 0%- 13,774,160 Total Expenditures 74,084,730 41,317,084 39,633,615 1,683,469 4%- 74,084,730 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:- Water and Sewer Fund Expenditures:- At mid year, 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 mid year. No amendments are proposed to Water and Sewer Fund expenditures at mid year. For the Six Month Period of October 1, 2016 to March 31, 2017 UTILITY FUNDS MID YEAR REVIEW 8 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2016 to March 31, 2017 UTILITY FUNDS MID YEAR REVIEW STORMWATER FUND Stormwater Revenues: Charges for Service 17,715,120 8,857,566 9,059,014 201,448 2%- 17,715,120 Judgments, Fines and Forfeits 50,000 25,002 37,176 12,174 49%- 50,000 Miscellaneous 335,000 167,200 230,397 63,197 38%- 335,000 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 18,100,120 9,049,768 9,326,587 276,819 3%- 18,100,120 Stormwater Expenditures: Stormwater Management 11,180,240 8,711,809 8,580,111 131,698 2%- 11,180,240 Stormwater Maintenance 6,473,420 3,363,600 3,013,683 349,917 10%- 6,473,420 Total Expenditures 17,653,660 12,075,409 11,593,794 481,615 4%- 17,653,660 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:- Stormwater Fund Expenditures:- No amendments are proposed to Stormwater Fund revenues at mid year. No amendments are proposed to Stormwater Fund expenditures at mid year. At mid year, anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $446,460 for fiscal year 2016/17. 9 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2016 to March 31, 2017 UTILITY FUNDS MID YEAR REVIEW GAS FUND Gas Revenues: Charges for Service 43,261,840 21,630,936 20,693,221 (937,715) -4%(1,084,373) 42,177,467 Judgments, Fines and Forfeits 153,000 76,500 66,307 (10,193) -13%(20,000) 133,000 Miscellaneous 509,500 266,550 353,955 87,405 33%100,000 609,500 Transfers In - - - - ~- - Fund Equity 8,114,510 - - - ~1,170,795 9,285,305 Total Revenues 52,038,850 21,973,986 21,113,483 (860,503) -4%166,422 52,205,272 Gas Expenditures: Administration & Supply 22,051,990 12,066,483 10,780,946 1,285,537 11%160,268 22,212,258 South Area Gas Operations 7,694,220 4,895,547 4,824,679 70,868 1%(280) 7,693,940 North Area Gas Operations 4,941,400 3,408,636 3,090,132 318,505 9%(28,596) 4,912,804 Marketing & Sales 17,351,240 15,676,931 15,680,674 (3,743) 0%35,030 17,386,270 Total Expenditures 52,038,850 36,047,597 34,376,430 1,671,167 5%166,422 52,205,272 Increase/ (Decrease)Amendment Description: Gas Fund Revenues:166,422 Gas Fund Expenditures:166,422 At mid year, anticipated revenues of the Gas Fund equal anticipated expenditures for fiscal year 2016/17. At mid year,Gas Fund revenues reflect amendments which net an increase of $166,422.Amendments include the following:1) decreases totaling $1,557,373 in Gas sales due to a warmer winter;2)a decrease of $98,000 in installation and service charges to customers;3)a decrease of $20,000 to late payment fees;4)an increase of $571,000 to capitalized labor due to the increase in new construction;5)an increase of $100,000 in other refund revenue due to excise tax refund;and 6)an increase of $1,170,795 in fund reserves for the increased dividend payment to the General Fund. At mid year expenditure amendments reflect a net increase of $166,422.Amendments include:1)a net decrease of $175,000 in personnel due to savings from unfilled positions and turnover;2)a net decrease of $992,513 in operating expenses primarily related to gas purchases;3)an increase of $163,140 in capital items for the purchase of NG storage tube banks and two vehicles;and 4)increased transfers of $1,170,795 to fund the increased dividend to General Fund. 10 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2016 to March 31, 2017 UTILITY FUNDS MID YEAR REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,200 600 1,074 474 79%- 1,200 Charges for Service 21,285,000 10,642,500 10,953,287 310,787 3%300,000 21,585,000 Judgments, Fines and Forfeits 85,100 42,546 43,419 873 2%- 85,100 Miscellaneous 628,000 314,004 436,012 122,008 39%- 628,000 Transfers In - - - - ~- - Solid Waste Revenues 21,999,300 10,999,650 11,433,792 434,142 4%300,000 22,299,300 Recycling Revenues: Other Permits and Fees 400 198 345 147 74%- 400 Intergovernmental - - - - ~- - Charges for Service 2,015,000 1,007,502 1,062,277 54,775 5%50,000 2,065,000 Judgments, Fines and Forfeits 7,800 3,900 4,245 345 9%- 7,800 Miscellaneous 306,350 154,176 198,162 43,986 29%42,200 348,550 Transfers In 390,000 195,000 195,000 - 0%- 390,000 Recycling Revenues 2,719,550 1,360,776 1,460,029 99,253 7%92,200 2,811,750 Fund Equity - - - - ~- - Total Revenues 24,718,850 12,360,426 12,893,821 533,395 4%392,200 25,111,050 Solid Waste Expenditures: Collection 17,781,470 9,302,936 8,434,334 868,602 9%- 17,781,470 Transfer 1,668,990 931,297 904,524 26,773 3%- 1,668,990 Container Maintenance 882,670 515,614 452,489 63,125 12%- 882,670 Administration 971,150 505,376 485,904 19,472 4%- 971,150 Solid Waste Expenditures 21,304,280 11,255,223 10,277,251 977,972 9%- 21,304,280 Recycling Expenditures: Residential 1,365,860 716,710 624,446 92,264 13%- 1,365,860 Multi-Family 473,490 246,037 203,204 42,833 17%- 473,490 Commercial 1,443,010 790,255 770,819 19,436 2%80,000 1,523,010 Recycling Expenditures 3,282,360 1,753,002 1,598,469 154,533 9%80,000 3,362,360 Total Expenditures 24,586,640 13,008,225 11,875,721 1,132,504 9%80,000 24,666,640 At mid year, anticipated revenues of the Solid Waste and Recycling Fund exceed anticipated expenditures by $444,410 for fiscal year 2016/17. 11 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2016 to March 31, 2017 UTILITY FUNDS MID YEAR REVIEW SOLID WASTE AND RECYCLING FUND (continued) Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:392,200 Solid Waste and Recycling Fund Expenditures:80,000 Amendments to Solid Waste and Recycling fund revenues reflect a net increase of $392,200 at mid year.Amendments include the following:1)and increase of $300,000 to sanitation collection charge and $50,000 to recycling fees due to higher than anticipated fee generation this year;2)an increase of $35,000 in sales of recyclables due to an unexpected increase in the market value for recyclables;and 3)an increase of $7,200 in proceeds from the sale of a recycling vehicle at auction. Amendments to Solid Waste and Recycling fund expenditures reflect an increase of $80,000 to cover increased hauling and processing costs for single stream recycling. 12 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget MARINE FUND Marine Revenues: Intergovernmental 5,000 - 895 895 ~- 5,000 Charges for Service 4,429,230 2,059,812 1,835,600 (224,212) -11%- 4,429,230 Judgments, Fines and Forfeits 3,000 1,500 1,380 (120) -8%- 3,000 Miscellaneous Revenue 44,250 22,300 54,524 32,224 145%- 44,250 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 4,481,480 2,083,612 1,892,399 (191,213) -9%- 4,481,480 Marine Expenditures: Marina Operations 4,223,510 1,895,738 1,941,989 (46,251) -2%- 4,223,510 Total Expenditures 4,223,510 1,895,738 1,941,989 (46,251) -2%- 4,223,510 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:- Marine Fund Expenditures:- At mid year, anticipated revenues of the Marine Fund exceed anticipated expenditures by $257,970 for fiscal year 2016/17. No amendments are proposed to Marine Fund revenues at mid year. No amendments are proposed to Marine Fund expenditures at mid year. For The Six Month Period of October 1, 2016 - March 31, 2017 ENTERPRISE FUNDS MID YEAR REVIEW 13 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2016 - March 31, 2017 ENTERPRISE FUNDS MID YEAR REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental 50,000 50,000 - (50,000) -100%- 50,000 Charges for Service 726,490 359,848 398,118 38,270 11%- 726,490 Judgments, Fines and Forfeits 1,200 600 210 (390) -65%- 1,200 Miscellaneous Revenue 16,500 8,250 9,486 1,236 15%- 16,500 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 794,190 418,698 407,814 (10,884) -3%- 794,190 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Operations 643,770 350,572 305,090 45,482 13%- 643,770 Total Expenditures 643,770 350,572 305,090 45,482 13%- 643,770 Increase/ (Decrease)Amendment Description: Clearwater Harbor Marina Fund Revenues:- Clearwater Harbor Marina Fund Expenditures:- No amendments are proposed to Clearwater Harbor Marina Fund revenues at mid year. Mid year expenditures exhibit a 13%positive variance.This represents salary savings and lower than projected operating expenditures. No amendments are proposed at this time. At mid year, anticipated revenues of the Clearwater Harbor Marinas Fund exceed anticipated expenditures by $150,420 for fiscal year 2016/17. 14 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2016 - March 31, 2017 ENTERPRISE FUNDS MID YEAR REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - - ~- - Charges for Service 14,000 7,002 8,159 1,157 17%- 14,000 Miscellaneous Revenue 285,700 142,798 148,902 6,104 4%- 285,700 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 299,700 149,800 157,061 7,261 5%- 299,700 Airpark Expenditures: Airpark Operations 249,330 144,805 138,643 6,162 4%- 249,330 Total Expenditures 249,330 144,805 138,643 6,162 4%- 249,330 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:- Airpark Fund Expenditures:- At mid year, 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 mid year. No amendments are proposed to Airpark Fund expenditures at mid year. 15 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2016 - March 31, 2017 ENTERPRISE FUNDS MID YEAR REVIEW PARKING FUND Parking Revenues: Charges for Service 5,686,610 2,375,598 2,838,092 462,494 19%- 5,686,610 Judgments, Fines and Forfeits 640,000 284,200 250,187 (34,013) -12%- 640,000 Miscellaneous Revenue 267,000 140,102 494,453 354,351 253%- 267,000 Transfers In 16,978 16,978 16,978 - 0%- 16,978 Fund Equity - - - - ~- - Total Revenues 6,610,588 2,816,878 3,599,710 782,832 28%- 6,610,588 PARKING FUND EXPENDITURES Engineering/Parking System 3,798,320 2,350,424 2,026,812 323,612 14%- 3,798,320 Engineering/Parking Enforcement 635,220 334,518 213,755 120,763 36%- 635,220 Parks & Rec/Beach Guards 741,780 399,635 336,097 63,538 16%7,500 749,280 Total Expenditures 5,175,320 3,084,577 2,576,664 507,913 16%7,500 5,182,820 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:- Parking Fund Expenditures:7,500 At mid year,Parking Fund revenues exhibit a 28%positive variance due to increased parking fee revenues. Parking Fund expenditures reflect an 16%positive variance primarily due to timing of the Jolley Trolley payment and salary savings.Amendments include a transfer of $7,500 to capital project 315-93403,Beach Guard Facility Maintenance to fund architectural drawings for the new guard tower on north Clearwater beach. At mid year, anticipated revenues of the Parking Fund exceed anticipated expenditures by $1,427,768 for fiscal year 2016/17. 16 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget GENERAL SERVICES FUND General Services Revenues: Charges for Service 4,864,560 2,432,274 2,447,810 15,536 1%- 4,864,560 Miscellaneous Revenues 20,000 10,002 21,865 11,863 119%- 20,000 Transfers In - - - - ~- - Fund Equity 95,000 - - - ~- 95,000 Total Revenues 4,979,560 2,442,276 2,469,675 27,399 1%- 4,979,560 General Services Expenditures: Administration 509,470 405,202 268,099 137,103 34%- 509,470 Building & Maintenance 4,470,090 2,275,020 2,279,365 (4,345) 0%- 4,470,090 Total Expenditures 4,979,560 2,680,222 2,547,464 132,758 5%- 4,979,560 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:- General Services Fund Expenditures:- For The Six Month Period of October 1, 2016 - March 31, 2017 INTERNAL SERVICE FUNDS MID YEAR REVIEW At mid year, anticipated revenues of the General Services Fund equal anticipated expenditures for fiscal year 2016/17. No amendments are proposed to General Services Fund revenues at mid year. No amendments are proposed to General Services Fund expenditures at mid year. 17 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2016 - March 31, 2017 INTERNAL SERVICE FUNDS MID YEAR REVIEW ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 10,720,360 5,360,184 5,319,707 (40,477) -1%- 10,720,360 Miscellaneous Revenues 110,000 57,700 67,906 10,206 18%- 110,000 Transfers In - - - - ~- - Fund Equity 1,421,650 - - - ~- 1,421,650 Total Revenues 12,252,010 5,417,884 5,387,613 (30,271) -1%- 12,252,010 Administrative Services Expenditures: Info Tech / Admin 389,700 709,474 200,115 509,359 72%- 389,700 Info Tech / Network Svcs 3,919,880 1,981,470 2,305,897 (324,427) -16%- 3,919,880 Info Tech / Software Applications 3,541,860 2,398,869 2,367,031 31,839 1%- 3,541,860 Info Tech / Telecommunications 647,360 328,723 458,674 (129,951) -40%- 647,360 Public Comm / Courier 155,050 77,528 73,518 4,010 5%- 155,050 Clearwater Customer Service 3,598,160 1,939,298 1,796,164 143,134 7%- 3,598,160 Total Expenditures 12,252,010 7,435,362 7,201,398 233,964 3%- 12,252,010 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:- Administrative Services Fund Expenditures:- At mid year, anticipated revenues of the Administrative Services Fund equal anticipated expenditures for fiscal year 2016/17. No amendments are proposed to Administrative Services Fund revenues at mid year. No amendments are proposed to Administrative Services Fund expenditures at mid year. 18 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2016 - March 31, 2017 INTERNAL SERVICE FUNDS MID YEAR REVIEW GARAGE FUND Garage Fund Revenues Charges for Service 16,570,810 8,285,400 6,903,718 (1,381,682) -17%- 16,570,810 Miscellaneous Revenues 440,000 229,900 442,325 212,425 92%- 440,000 Transfers In - - - - ~- - Fund Equity 473,320 - - - ~- 473,320 Total Revenues 17,484,130 8,515,300 7,346,043 (1,169,257) -14%- 17,484,130 Garage Fund Expenditures: Fleet Maintenance 15,804,300 8,238,510 6,461,834 1,776,676 22%- 15,804,300 Radio Communications 1,679,830 892,413 869,560 22,853 3%- 1,679,830 Total Expenditures 17,484,130 9,130,923 7,331,394 1,799,529 20%- 17,484,130 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:- Garage Fund Expenditures:- At mid year, anticipated revenues of the Garage Fund equal anticipated expenditures for fiscal year 2016/17. At mid year,Garage Fund revenues reflect a 14%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. No amendments are proposed to Garage Fund expenditures at mid year. 19 2016/17 2016/17 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2016 - March 31, 2017 INTERNAL SERVICE FUNDS MID YEAR REVIEW CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 24,463,590 12,231,804 11,805,468 (426,336) -3%- 24,463,590 Miscellaneous Revenues 556,000 288,000 259,525 (28,475) -10%- 556,000 Transfers In - - - - ~- - Fund Equity - - - - ~- - Total Revenues 25,019,590 12,519,804 12,064,993 (454,811) -4%- 25,019,590 Central Insurance Expenditures: Finance / Risk Management 486,630 260,316 234,787 25,529 10%- 486,630 HR / Employee Benefits 386,280 205,348 182,896 22,452 11%- 386,280 HR / Employee Health Clinic 1,841,960 920,982 402,036 518,946 56%- 1,841,960 Non-Departmental 22,141,550 11,070,786 8,542,883 2,527,903 23%- 22,141,550 Total Expenditures 24,856,420 12,457,432 9,362,601 3,094,831 25%- 24,856,420 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:- Central Insurance Fund Expenditures:- No amendments are proposed to Central Insurance Fund revenues at mid year. At mid year,expenditures in the Central Insurance Fund reflect a 25%positive variance primarily due to claims activity,and lower than projected expenditures to operate the employee health center. No amendments are proposed. At mid year, anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $163,170 for fiscal year 2016/17. 20 CAPITAL IMPROVEMENT FUND Mid Year Summary FY 2016/17 21 The amended 2016/17 Capital Improvement Program budget report is submitted for the City Council's Mid Year review. The net proposed amendment is a budget increase in the amount of $21,104,496. 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: All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval Northeast Plant Upgrade/Improvements 7,212,763 04/25/17 Sanitary Sewer Upgrades/Improvements 3,690,000 04/25/17 Sanitary Sewer Extensions 3,750,000 04/25/17 Groundwater Replenishment Facility 3,208,000 04/25/17 Marshall Street Upgrade/Improvements 1,875,000 04/25/17 R.O. Plant Expansion Res # 1 1,350,000 04/25/17 R.O. @ Res #2 1,000,000 04/25/17 R.O. Plant@ WTP #3 1,000,000 04/25/17 Line Relocation - Capitalized 620,000 04/25/17 Imagine Clearwater Implementation 500,000 04/25/17 Reclaimed Water Distribution System 400,000 04/25/17 Jack Russell Demo/Refurbishment 228,000 05/17/17 Devices/Equipment – Sewer Division 200,000 04/25/17 Laboratory Upgrade/Improvement 120,000 04/25/17 Missouri Avenue Median Beautification 107,750 03/16/17 East Plant Upgrade/Improvement 100,000 04/25/17 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Druid Road Improvements 1 315-92146 67,981 * To record a budget increase in the amount of $67,981.00 of FDOT Grant funding,which was approved by the City Council on May 4, 2017.67,981 Intersection Improvements 2 315-92562 (260,000) To record a budget transfer in the amount of $260,00.00 of Multi Modal Fees to project 315-92845,Clearwater Beach Transit Center.This was approved by the City Council on April 6, 2017.(260,000) Clearwater Beach Transit Center - NEW PROJECT 3 315-92845 260,000 To establish the project and record a budget transfer in the amount of $260,00.00 of Multi Modal Fees from project 315-92562,Intersection Improvements.This was approved by the City Council on April 6, 2017.260,000 Missouri Avenue Median Beautification 4 315-93322 107,750 To record a budget increase in the amount of $107,750.00 of General Fund reserves which was approved by the City Council on March 16, 2017.107,750 Beach Guard Facility Maintenance 5 315-93403 7,500 To record a budget increase in the amount of $7,500.00 of Parking Fund Revenue.The funding will provide for architectural drawings required for a new life guard tower on north Clearwater beach planned for construction in fiscal year 2018.7,500 Pier 60 Park Repair and Improvements -CLOSE PROJECT 6 315-93624 (641) To record a budget transfer in the amount $640.98 of General Fund Revenue to project 315-93633,Pier 60 Park &Beachwalk Repair &Improvements.The project is complete and will be closed.(641) Pier 60 Park & Beachwalk Repair and Improvements 7 315-93633 641 To record a budget transfer in the amount $640.98 of General Fund Revenue from project 315-93624,Pier 60 Park Repair and Improvements which will be closed.641 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 22 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Jack Russell Demo/Refurbishment 8 315-93656 228,000 To record a budget increase in the amount of $228,000.00 comprising of $100,000.00 in Donation Revenue and $128,000.00 from General Fund salary savings within the Parks &Recreation operating budget. This was approved by the City Council on May 17, 2017.228,000 Athletic Maintenance Equipment 9 316-93663 (798) * To record a budget decrease in the amount $797.70 of Lease Purchase Revenue.The equipment was purchased under budget.(798) Imagine Clearwater Implementation - NEW PROJECT 10 315-94892 500,000 To establish the project and record a budget increase in the amount of $500,00.00 of General Fund Reserves. This was approved by the City Council on April 25, 2017.500,000 Jeffords Street Outfall - CLOSE PROJECT 11 315-96177 (409,153) To record a budget transfer in the amount $409,152.76 of Stormwater Revenue to project 315-96186,Hillcrest Bypass Culvert.The Jeffords project is complete and will be closed.(409,153) Hillcrest Bypass Culvert 12 315-96186 409,153 To record a budget transfer in the amount $409,152.76 of Stormwater Revenue from project 315-96177, Jeffords Street Outfall. 409,153 WWTP Screw Pump Replacement 13 315-96202 (130,291) To record a budget transfer in the amount of $130,290.87 of Sewer Revenue to project 315-96212, Sanitary Sewer Upgrades/Improvements. 327-96202 (411,313) To record a budget transfer in the amount of $411,313.00 in Utility R&R revenue to project 327- 96218, Feasibility Studies/Evaluations - Sewer System.(541,604) 23 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 WWTP UV Disinfections System 14 315-96204 (357,407) To record a budget transfer in the amount of $357,406.80 of Sewer Revenue to project 315-96212, Sanitary Sewer Upgrades/Improvements. 327-96204 (342,635) To record a budget transfer in the amount of $342,635.07 in Utility R&R revenue to project 327- 96721, Water System R&R - Maintenance.(700,042) Sanitary Sewer Upgrades/Improvements -NEW PROJECT 15 315-96212 750,000 To establish the project and record a budget transfer in the amount of $749,999.67 of Sewer Revenue from the following three projects.Project number 315-96202, WWTP Screw Pump Replacement in the amount of $130,290.87;Project number 315-96204,WWTP Screw Pump Replacement,$357,406.80;Project number 315- 96611, Biosolids Treatment, $262,302.00. 382-96212 3,690,000 * To record a budget increase in the amount of $3,690,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.4,440,000 Marshall Street Upgrades/Improvements -NEW PROJECT 16 315-96213 400,000 To establish the project and record a budget transfer in the amount of $400,000.00 of Sewer Revenue from project 315-96686, Pump Station Replacement. 382-96213 1,875,000 * To record a budget increase in the amount of $1,875,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.2,275,000 East Plant Upgrades/Improvements - NEW PROJECT 17 382-96214 100,000 * To establish the project and record a budget increase in the amount of $100,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.100,000 24 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Northeast Plant Upgrades/Improvements -NEW PROJECT 18 315-96215 110,000 To establish the project and record a budget transfer in the amount of $110,000.00 of Water Revenue from project 315-96768 Rebate-Well,Lake,Pond Irrigation Abandonment. 315-96215 733,726 To record a budget transfer in the amount of $733,725.55 in Sewer Revenue from the following four projects:project 315-96523,Pub Utilities Adm Bldg R&R in the amount of $74,079.48;project 315-96615,Odor Control ,in the amount of $423,070.54;project 315- 96619,WWTP Generator Replacements in the amount of $235,126.53;project 315-96621,WWTP New Presses in the amount of $1,449.00. 382-96215 7,212,763 * To record a budget increase in the amount of $7,212,763.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.8,056,489 Laboratory Upgrades/Improvements - NEW PROJECT 19 315-96216 13,079 To establish the project and record a budget transfer in the amount of $13,079.25 in Sewer Revenue from project 315-96621, WWTP New Presses. 382-96216 120,000 * To record a budget increase in the amount of $120,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.133,079 Pump Station R&R - NEW PROJECT 20 327-96217 1,405,192 To establish the project and record a budget transfer in the amount of $1,405,192.15 in Utility R&R Revenue from the following five projects:Project 327-96615, Odor Control,in the amount of $37,872.47;Project 327- 96630,Sanitary Sewer Extension,in the amount of $70,835.68;Project 327-96634,Sanitary Utility Relocation,in the amount of $584,427.00;Project 327- 96645,Laboratory R&R,in the amount of $114,057.00; Project 327-96742,Line Relocation -Capitalized,in the amount of $598,000.00.1,405,192 25 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Feasibility Studies/Evaluations –Sewer System -NEW PROJECT 21 327-96218 1,241,641 To establish the project and record a budget transfer in the amount of $1,241,641.46 in Utility R&R Revenue from the following six projects:Project 327-96202, WWTP Screw Pump Replacement in the amount of $411,313.00;Project 327-96523,Pub Utilities Adm Bldg in the amount of $68,227.00;Project 327-96741,System R&R -Capital in the amount of $8,969.58;Project 327- 96742,Line Relocation -Capitalized,in the amount of $495,679.32;Project 327-96743,Mtr/Bkflow Prev Dev- Change in the amount of $91,012.00;Project 327-96752, Water Service Lines in the amount of $166,440.56.1,241,641 Devices/Equipments Sewer Division - NEW PROJECT 22 315-96219 485,000 To establish the project and record a budget transfer in the amount of $485,000.00 in Sewer Revenue from project 315-96611 Biosolids Treatment. 382-96219 200,000 * To establish the project and record a budget increase in the amount of $200,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.685,000 Public Utilities Adm Bldg R&R 23 315-96523 (74,079) To record a budget transfer in the amount of $74,079.48 of Sewer Revenue to project 315-96215,Northeast Plant Upgrades/Improvements. 327-96523 (68,227) To record a budget transfer in the amount of $68,227.00 in Utility R&R Revenue to project 327-96218,Feasibility Studies/Evaluations - Sewer System.(142,306) Public Utility Admin Building - NEW PROJECT 24 315-96526 484,306 To establish the project and record a budget transfer in the amount of $484,306.00 in Sewer Revenue from project 315-96654, Facilities Upgrade & Improvement.484,306 26 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Biosolids Treatment 25 315-96611 (747,302) To record a net budget transfer in the amount of $747,302 of Sewer Revenue to the following projects: $262,302.00 to project 315-96212,Sanitary Sewer Upgrades/Improvements;and $485,000.00 to project 315-96219, Devices/Equipments Sewer Division.(747,302) Odor Control 26 315-96615 (423,071) To record a budget transfer in the amount of $423,070.54 in Sewer Revenue to project 315-96215, Northeast Plant Upgrades/Improvements 327-96615 (37,872) To record a budget transfer in the amount of $37,872.47 in Utility R&R Revenue to project 327-96217,Pump Station R&R.(460,943) WWTP Generator Replacements 27 315-96619 (235,127) To record a budget transfer of $235,126.53 in Sewer Revenue to project 315-96215,Northeast Plant Upgrades/Improvements (235,127) WWTP New Presses 28 315-96621 (14,528) To record a net budget transfer of $14,528.25 in Sewer Revenue to the following projects:$1,449.00 to project 315-96215,Northeast Plant Upgrades/Improvements; and $13,079.25 to project 315-96216,Laboratory Upgrades/Improvements.(14,528) Sanitary Sewer Extensions 29 315-96630 (3,000,000) To record a budget transfer in the amount of $3,000,000.00 in Sewer Revenue to project 315-96773, Groundwater Replenishment Facility. 327-96630 (70,836) To record a budget transfer in the amount of $70,835.68 in Utility R&R Revenue to project 327-96217,Pump Station R&R. 382-96630 3,750,000 * To record a budget increase in the amount of $3,750,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.679,164 27 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Sanitary Utility Relocation 30 327-96634 (584,427) To record a budget transfer in the amount of $584,427.00 in Utility R&R Revenue to project 327- 96217, Pump Station R&R.(584,427) Laboratory R&R 31 327-96645 (114,057) To record a budget transfer in the amount of $114,057.00 in Utility R&R Revenue to project 327- 96217, Pump Station R&R.(114,057) Facilities Upgrade & Improvement 32 315-96654 (484,306) To record a budget transfer in the amount of $484,306.00 in Sewer Revenue to project 315-96526, Public Utility Admin Building. 327-96654 (1,875,440) To record a net budget transfer of $1,875,440.24 in Utility R&R Revenue to the following projects:$505,000 to project 327-96722,Line Relocation –Maintenance; $200,000 to project 327-96784,Reclaimed Water Distribution System R&R;$925,000 to project 327- 96785,Feasibility Studies/Evaluations –Water System; and $245,440.24 to project 327-96665,Sanitary Sewer R & R. 382-96654 (4,331,700) * To record a budget decrease in the amount of $4,331,700.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.(6,691,446) Water Pollution Control R&R 33 327-96664 2,000,000 To record a budget transfer in the amount of $2,000,000.00 in Utility R&R Revenue from project 327- 96741, System R &R - Capital.2,000,000 28 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Sanitary Sewer R&R 34 315-96665 138,973 To record a budget transfer in the amount of $138,973.27 in Sewer Revenue from project 315-96686, Pump Station Replacement. 327-96665 727,990 To record a budget transfer in the amount of $727,989.97 in Utility R&R Revenue from the following five projects:Project 327-96654,Facilities Upgrade & Improvement,in the amount of $245,440.24;Project 327-96686,Pump Station Replacement,in the amount of $64.84;Project 327-96740,Water Supply and Treatment,in the amount of $206,266.77;Project 327- 96768,Rebate-Well,Lake,Pond Irrigation Abandonment,in the amount of $50,000.00;Project 327- 96782,RO Plant @ WTP #3,in the amount of $226,218.12.866,963 Pump Station Replacement 35 315-96686 (2,138,973) To record a net budget transfer in the amount of $2,138,973.27 in Sewer Revenue to the following projects:$400,000.00 to project 315-96213,Marshall Street Upgrade/Improvements;$138,973.27 to project 315-96665 Sanitary Sewer R&R;and $1,600,000.00 to project 315-96773, Groundwater Replenishment Facility. 327-96686 (65) To record a budget transfer in the amount of $64.84 in Utility R&R Revenue to project 327-96665,Sanitary Sewer R&R.(2,139,038) Water System R&R - Maintenance 36 327-96721 342,635 To record a budget transfer in the amount of $342,635.07 in Utility R&R Revenue from project 327- 96204, WWTP UV Disinfections System.342,635 Line Relocation – Maintenance - NEW PROJECT 37 327-96722 505,000 To establish the project and record a budget transfer in the amount of $505,000.00 in Utility R&R Revenue from project 327-96654, Facilities Upgrade & Improvement. 505,000 29 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Reclaimed Water Distribution System 38 315-96739 200,000 To record a budget transfer in the amount of $200,000.00 in Water Revenue from project 315-96740, Water Supply - Treatment. Reclaimed Water Distribution System 382-96739 400,000 * To record a budget increase in the amount of $400,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.600,000 Water Supply - Treatment 39 315-96740 (200,000) To record a budget transfer in the amount of $200,000 in Water Revenue to project 315-96739,Reclaimed Water Distribution System. 327-96740 (206,267) To record a budget transfer in the amount of $206,266.77 in Utility R&R Revenue to project 327- 96665, Sanitary Sewer R & R.(406,267) System R & R - Capital 40 315-96741 (22,590) To record a budget transfer in the amount of $22,589.75 in Water Revenue to project 315-96764,RO Plant Expansion Res #1. 327-96741 (2,008,970) To record a net budget transfer in the amount of $2,008,969.58 in Utility R&R Revenue to the following projects:$8,969.58 to project 327-96218,Feasibility Studies/Evaluations -Sewer System;and $2,000,000 to project 327-96664, Water Pollution Control R&R.(2,031,559) Line Relocation – Capitalized 41 327-96742 (1,093,679) To record a net budget transfer in the amount of $1,093,679.32 in Utility R&R Revenue to the following projects:$495,679.32 to project 327-96218,Feasibility Studies/Evaluations –Sewer System;and $598,000 to project 327-96217, Pump Station R&R. 382-96742 620,000 * To record a budget increase in the amount of $620,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.(473,679) 30 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Meter/Backflow Prev Dev/Change 42 327-96743 (91,012) To record a budget transfer in the amount of $91,012.00 in Utility R&R Revenue to project 327-96218,Feasibility Studies/Evaluations - Sewer System.(91,012) Water Service Lines 43 315-96752 (909,000) To record a budget transfer in the amount of $909,000.00 in Water Revenue to project 315-96764, RO Plant Expansion Res #1. 327-96752 (166,441) To record a budget transfer in the amount of $166,440.56 in Utility R&R Revenue to project 327- 96218, Feasibility Studies/Evaluations - Sewer System.(1,075,441) Reverse Osmosis Plant Expansion Res #1 44 315-96764 22,590 To record a budget transfer in the amount of $22,589.75 in Water Revenue from project 315-96741,System R&R - Capital. 315-96764 909,000 To record a budget transfer in the amount of $909,000.00 in Water Revenue from project 315-96752, Water Service Lines. 382-96764 1,350,000 * To record a budget increase in the amount of $1,350,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.2,281,590 Water Quality Monitoring Devices 45 315-96766 (591,745) To record a budget transfer in the amount of $591,744.78 in Water Revenue from project 315-96767, Reverse Osmosis @ Res 2.(591,745) Reverse Osmosis @ Res 2 46 315-96767 591,745 To record a budget transfer in the amount of $591,744.78 in Sewer Revenue from project 315-96766, Water Quality Monitoring Devices. 382-96767 1,000,000 * To record a budget increase in the amount of $1,00,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.1,591,745 31 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Rebate-Well, Lake, Pond Irrigation Abandonment 47 315-96768 (110,000) To record a budget transfer in the amount of $110,000.00 of Water Revenue to project 315-96215, Northeast Plant Upgrades/Improvements. 327-96768 (50,000) To record a budget transfer in the amount of $50,000.00 in Utility R&R Revenue to project 327-96665,Sanitary Sewer R & R.(160,000) Groundwater Replenishment Facility 48 315-96773 4,600,000 To record a net budget transfer in the amount of $4,600,000 in Sewer Revenue from the following projects:$3,000,000.00 from project 315-96630, Sanitary Sewer Extensions;and $1,600,000.00 from project 315-96686, Pump Station Replacement. 315-96773 2,129,301 To record a budget transfer in the amount of $2,129,301.19 in Water Revenue from project 315- 96774, Automated Meter Reading (AMR). 382-96773 3,208,000 * To record a budget increase in the amount of $3,208,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.9,937,301 Automated Meter Reading (AMR) 49 315-96774 (2,129,301) To record a budget transfer in the amount of $2,129,301.19 in Water Revenue to project 315-96773, Groundwater Replenishment Facility.(2,129,301) Reverse Osmosis Plant @WTP #3 50 327-96782 (226,218) To record a budget transfer in the amount of $226,218.12 in Utility R&R Revenue to project 327- 96665, Sanitary Sewer R & R. 382-96782 1,000,000 * To record a budget increase in the amount of $1,000,000.00 of Bond Proceeds.This was approved by the City Council on April 25, 2017.773,782 32 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2016/17 Reclaimed Water Distribution System R&R -NEW PROJECT 51 327-96784 200,000 To establish the project and record a budget transfer in the amount of $200,000.00 in Utility R&R Revenue from project 327-96654, Facilities Upgrade & Improvement.200,000 Feasibility Studies/Evaluations –Water System -NEW PROJECT 52 327-96785 925,000 To establish the project and record a budget transfer in the amount of $925,000.00 in Utility R&R Revenue from project 327-96654, Facilities Upgrade & Improvement.925,000 21,104,496 (0) 21,104,496 TOTAL BUDGET INCREASE /(DECREASE) 33 * indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/16 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Police Protection 91150 Range Improvements 2,845,426 2,845,426 2,845,426 1,024,930 1,605,917 214,579 91151 Police Property / Evidence Storage 75,000 75,000 75,000 75,000 - 91152 Police District 3 Sub Station 200,000 200,000 200,000 200,000 3,120,426 3,120,426 - 3,120,426 1,099,930 1,605,917 414,579 Fire Protection 91218 Fire Engine Replacement 2,170,566 2,170,566 2,170,566 2,148,018 22,548 91221 EMS Capital Equipment 1,165,710 1,165,710 1,165,710 1,031,480 134,230 91229 Replace & Upgrade Airpacks 1,907,400 1,907,400 1,907,400 1,678,496 228,904 91236 Rescue Vehicle 1,849,869 1,849,869 1,849,869 1,183,170 190,434 476,265 91253 Main Station (Fire)11,659,195 10,541,665 10,541,665 10,541,665 (0) C 91257 AED Program 174,810 174,810 174,810 119,400 55,410 91259 Radio Replacements 364,640 364,640 364,640 364,354 286 91260 Thermal Imaging Cameras 163,830 163,830 163,830 115,711 48,119 91261 Personal Protection Equipment 1,674,110 1,674,110 1,674,110 1,298,542 13,681 361,887 91262 SCBA Upgrade - Fill Station 125,000 125,000 125,000 82,366 42,634 91263 Extrication Tools 112,000 112,000 112,000 25,603 86,397 91264 Fire Hose Replacement 318,170 318,170 318,170 234,999 83,171 91268 Countryside Fire Station 3,697,910 3,932,566 3,932,566 876,332 2,784,376 271,858 91269 Clearwater Beach Fire Station 4,305,560 6,372,693 6,372,693 6,372,693 91270 Fire Station Security Cameras 350,000 350,000 350,000 250,000 100,000 91271 Fire Boat 650,000 650,000 650,000 90,987 515,311 43,702 91272 Old Fire Station 45 Demolition 100,000 100,000 100,000 4,940 95,060 Sub-Total 30,788,770 31,973,029 - 31,973,029 20,046,063 3,503,802 8,423,164 New Street Construction 92146 Druid Road Improvements 4,147,569 6,371,372 67,981 6,439,353 3,005,608 3,433,745 1 Sub-Total 4,147,569 6,371,372 67,981 6,439,353 3,005,608 - 3,433,745 Major Street Maintenance 92274 Bridge Maintenance & Improvements 9,274,480 9,274,480 9,274,480 4,100,351 881,737 4,292,392 92276 Traffic Calming Program 6,618,635 6,618,635 6,618,635 4,863,381 1,006,806 748,448 92277 Streets and Sidewalks 14,039,577 14,039,577 14,039,577 8,872,301 2,422,955 2,744,321 92278 Downtown Streetscaping 2,000,000 2,000,000 2,000,000 2,946 3,849 1,993,205 Sub-Total 31,932,692 31,932,692 - 31,932,692 17,838,979 4,315,347 9,778,366 Sidewalks and Bike Trail 92339 New Sidewalks 2,191,471 2,191,471 2,191,471 1,054,288 326,441 810,742 Sub-Total 2,191,471 2,191,471 - 2,191,471 1,054,288 326,441 810,742 Intersections 92559 City-Wide Intersection Improvement 1,086,378 1,086,378 - 1,086,378 579,600 7,491 499,287 92560 Signal Renovation 610,385 610,385 610,385 367,213 3,318 239,854 92561 New Signal Installation 402,877 402,877 402,877 218,743 184,134 92562 Intersection Improvements 2,737,017 2,737,017 (260,000) 2,477,017 19,998 2,457,019 2 Sub-Total 4,836,658 4,836,658 (260,000) 4,576,658 1,185,554 10,809 3,380,295 Parking 92650 Sand Wall Replacement on Clw Bch 421,152 421,152 421,152 368,452 3,525 49,175 92652 Parking Lot Resurfacing 1,076,633 1,076,633 1,076,633 268,157 808,476 92654 Parking Lot Improvement 1,230,357 1,230,357 1,230,357 318,491 250,708 661,158 92656 Pelican Walk Parking Garage 11,300,000 11,550,000 11,550,000 11,513,746 36,254 92657 Parking Facilities 844,909 594,909 594,909 105,723 3,590 485,596 Sub-Total 14,873,052 14,873,052 - 14,873,052 12,574,569 257,823 2,040,660 Miscellaneous Engineering 92839 Downtown Intermodal 575,000 575,000 575,000 473,889 101,111 92840 St. Petersburg Times Property 2,500,000 2,500,000 2,500,000 2,058,465 441,535 92841 Miscellaneous Engineering 263,396 263,396 263,396 81,180 182,216 92842 U.S. 19 Wayfinding Project 1,450,000 1,450,000 1,450,000 60,837 17,215 1,371,948 92843 Survey Equipment Replacement 100,000 100,000 100,000 98,019 1,981 34 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/16 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous Engineering (continued) 92844 Centennial Monument 675,000 675,000 675,000 650,110 24,890 92845 Clearwater Beach Transit Center - - 260,000 260,000 260,000 3 Sub-Total 5,563,396 5,563,396 260,000 5,823,396 3,422,500 17,215 2,383,681 Land Acquisition 93133 Park Land Acquisition 1,331,351 1,331,351 1,331,351 1,331,119 232 Sub-Total 1,331,351 1,331,351 - 1,331,351 1,331,119 - 232 Park Development 93203 Carpenter Field-Infras Rep/Improve 482,817 482,817 482,817 447,603 3,201 32,013 93205 Brighthouse Field Infrastructure Imp 1,635,345 1,667,345 1,667,345 1,654,371 (26,764) 39,738 93244 P&B Trucks 57,000 57,000 57,000 54,097 2,903 93247 Fitness Equipment Replacement 335,000 335,000 335,000 282,253 52,747 93251 Morningside Rec Ctr Replacement 5,965,000 5,965,000 5,965,000 583,773 656,668 4,724,559 93263 Public Art Maintenance 1,498 1,498 1,498 1,498 93271 Swimming Pool R&R 911,573 911,876 911,876 643,078 11,125 257,673 93272 Bicycle Paths-Bridges 4,299,196 4,403,833 4,403,833 3,360,614 39,540 1,003,679 93277 Harborview Infra Repair/Improve 635,451 635,451 635,451 503,011 132,440 93278 Long Center Infra Repairs 1,757,783 1,757,783 1,757,783 538,249 1,099,400 120,134 93286 Parking Lot/Bike Path Rsr/Imprv 778,506 778,506 778,506 541,116 237,390 93602 Sp Events Equip Rep & Rplcmnt 300,000 300,000 300,000 268,944 31,056 93604 Brdwlks & Docks Rep & Rplcmnt 457,000 425,000 425,000 326,981 102,478 (4,459) 93608 Miscellaneous Minor Public Art 285,543 285,543 285,543 160,903 2,250 122,390 93612 McMullen Tennis Complex 400,000 500,000 500,000 6,691 493,309 93618 Miscellaneous Park & Rec Contract 225,000 225,000 225,000 183,393 21,992 19,615 93620 Sports Field Lighting - 275,000 275,000 275,000 93623 Capitol Theatre 8,805,936 8,805,936 8,805,936 8,805,936 - C 93624 Pier 60 Park Repairs and Improvements 523,882 523,882 (641) 523,241 519,505 3,736 0 C 6 93625 Enterprise Dog Park - Phase II 400,000 0 0 0 C 93629 North Greenwood Athletic Fields 607,707 607,119 607,119 607,119 (0) C 93631 Phillip Jones Park Renovations 1,097,490 1,097,490 1,097,490 865,177 4,799 227,514 93633 Pier 60 Park & Bchwlk Repair and Improv 665,000 665,000 641 665,641 477,722 16,373 171,546 7 93634 Concrete Sidewalk & Pad Repair 258,176 258,176 258,176 119,955 138,221 93635 Park Amenity Purch & Rplcmnt 422,800 422,800 422,800 369,008 1,268 52,524 93636 Tennis Court Resurfacing 230,310 230,310 230,310 225,784 4,526 93637 Playground & Fitness Purch & Rplc 562,079 562,079 562,079 345,480 5,254 211,345 93638 Fencing Replacement Program 359,664 359,664 359,664 264,556 13,318 81,790 93639 Marina Dist Boardwalk & Entry Node 756,510 756,510 756,510 266,409 277,881 212,220 93640 Bright House Repairs 1,477,486 1,477,486 1,477,486 1,468,461 9,025 93642 Phillip-Jones Restroom/Concession 220,000 236,944 236,944 144,223 12,750 79,971 93645 Joe DiMaggio Multi Field Reno 148,000 148,000 148,000 130,127 17,873 93646 Rest Rm Expan-Barefoot Bch House 401,000 401,000 401,000 275,311 13,950 111,739 93647 Crest Lk Pk Veterans War Memorial 400,000 400,000 400,000 391,866 1,500 6,634 93648 Moccasin Lake Park Master Plan 600,000 700,000 700,000 28,760 91,110 580,130 93649 Jack Russell Scoreboard & ADA 198,000 98,000 98,000 80,011 5,201 12,788 93650 Crest Lake Park Improvements 1,100,000 1,100,000 1,100,000 26,708 71,010 1,002,282 93651 EC Moore 8 & 9 Renovations/Press Box 680,000 679,902 679,902 679,902 0 C 93652 Countryside Plex Restroom/Concession 950,000 1,050,000 1,050,000 1,050,000 93653 Countryside Community Park Reno 100,000 100,000 100,000 100,000 93654 Recreation Centers Infrastructure Repairs 150,000 150,000 150,000 18,744 131,256 93655 J.D. Sports Complex Multipurpose Fields 1,750,000 1,485,924 1,485,924 10,188 105,968 1,369,768 93656 Jack Russell Demo & Refurbish 394,118 278,880 228,000 506,880 260,564 17,630 228,686 8 93657 Mini Bobcat Loader & Trailer 35,000 35,000 35,000 35,000 - C 93658 Cooper's Point Park Improvements - - - - C 93660 Sid Lickton Batting Tunnels 100,000 100,000 100,000 119,498 1,031 (20,529) 93661 Frank Tack Parking Lot 399,500 399,500 399,500 399,500 93662 Administration Vehicle 21,000 21,000 21,000 21,000 - C 93663 Athletic Maintenance Equipment 52,840 52,840 (798) 52,042 52,042 0 9 93664 Jack Russell Athletic Office - 555,000 555,000 397,050 137,408 20,542 Sub-Total 42,393,210 42,765,094 227,202 42,992,296 26,542,439 2,708,821 13,741,036 35 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/16 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Beautification 93322 Missouri Ave Median Beautification 389,500 389,500 107,750 497,250 104,487 370,543 22,220 4 Sub-Total 389,500 389,500 107,750 497,250 104,487 370,543 22,220 Marine Facilities 93403 Beach Guard Facility Maint 180,000 180,000 7,500 187,500 178,184 9,316 5 93410 Clwr Harbor Marina Maintenance 140,000 140,000 140,000 104,064 11,650 24,286 93412 City-wide Seawall Replacement 1,881,000 1,881,000 1,881,000 1,128,670 135,252 617,078 93415 Waterway Maintenance 285,000 285,000 285,000 141,885 280 142,835 93418 Utilities Services Replacement 307,714 307,714 307,714 124,843 182,871 93419 Dock Replacement & Repair 141,727 141,727 141,727 90,066 3,983 47,678 93420 Fuel System R & R 92,752 92,752 92,752 84,019 3,749 4,984 93421 Marine Facilities Dredging & Maint 108,715 108,715 108,715 69,514 39,201 93422 Dredging of City Waterways 746,204 746,204 746,204 491,352 46,032 208,820 93425 Seminole Boat Ramp Improvements 1,752,000 1,752,000 1,752,000 - 1,752,000 93495 Dock Construction 24,858 24,858 24,858 24,858 0 C 93497 Docks & Seawalls 936,085 936,085 936,085 552,272 383,813 93499 Pier 60/Sailing Center Maint 321,952 321,952 321,952 266,626 55,326 Sub-Total 6,918,006 6,918,006 7,500 6,925,506 3,256,353 200,946 3,468,207 Airpark 94817 Airpark Maint & Repair 179,000 179,000 179,000 170,381 8,619 94882 Rehabilitation of Hanger "D"625,000 625,000 625,000 625,000 - Sub-Total 804,000 804,000 - 804,000 795,381 - 8,619 Libraries 93527 Books & Other Lib Mat - II 7,796,601 7,796,601 7,796,601 7,482,383 314,218 93528 Countryside Library Renovation 7,480,111 7,480,111 7,480,111 7,433,242 34,496 12,373 93529 Main Library Entryway Improve 130,000 130,000 130,000 130,000 - C 93530 Consolidated Eastside/SPC Library 6,250,000 6,250,000 6,250,000 5,147,261 543,378 559,361 93531 No. Greenwood Library Child Discovery 27,600 27,600 27,600 27,503 97 93532 Library Maker Space Maint. & Upgrade 112,980 112,980 112,980 30,491 46,146 36,343 93533 Main Library Upgrade - Alt. Usage 298,850 298,850 298,850 29,397 3,400 266,053 93534 Library FF&E Repair & Replace 50,000 50,000 50,000 17,601 32,399 Sub-Total 22,146,142 22,146,142 - 22,146,142 20,252,774 672,524 1,220,844 Garage 94233 Motorized Equip-Cash II 1,494,856 1,494,856 1,494,856 1,427,268 67,588 94238 Police Vehicles 2,680,001 2,680,001 2,680,001 2,256,884 423,117 94241 Motorized Equipment Replace - L/P 30,488,992 30,488,992 30,488,992 22,170,772 3,979,986 4,338,234 94243 Radio P25 Upgrade 4,676,108 4,676,108 4,676,108 3,565,547 1,110,561 94244 Misc Vehicle Additions 104,000 104,000 104,000 99,135 4,865 94245 Fleet Industrial Fans 80,000 80,000 80,000 73,074 6,926 94246 Fleet Management & Mapping 320,000 320,000 320,000 320,000 Sub-Total 39,843,957 39,843,957 - 39,843,957 29,519,606 4,053,060 6,271,291 Maintenance of Buildings 94510 Air Cond Replace-City Wide 3,228,538 3,288,538 3,288,538 2,669,991 29,060 589,487 94512 Roof Repairs 745,345 745,345 745,345 651,132 94,213 94514 Roof Replacements 2,630,352 2,630,352 2,630,352 1,588,412 38,680 1,003,260 94517 Painting of Facilities 1,142,720 1,142,720 1,142,720 753,887 388,833 94518 Fencing of Facilities 174,811 174,811 174,811 126,100 17,029 31,682 94519 Flooring for Facilities 1,343,952 1,343,952 1,343,952 984,031 14,253 345,668 94521 Elevator Refurbish/Modernization 524,722 524,722 524,722 250,826 13,320 260,576 94528 Light Replacement & Repair 729,931 454,931 454,931 297,308 157,623 94530 Building Systems 380,000 340,000 340,000 111,044 228,956 94531 M.S.B. Renovations 100,000 1,160,885 1,160,885 8,400 1,152,485 94532 New A/C System Chiller 600,000 600,000 600,000 600,000 94533 General Services R&R 75,000 75,000 75,000 75,000 94624 Harborview Demolition 950,000 950,000 950,000 60,747 889,253 94625 Development Services Center 1,151,160 90,275 90,275 90,275 0 C 94626 Public Works Complex 632,800 632,800 632,800 74,220 25,552 533,028 Sub-Total 14,409,331 14,154,331 .14,154,331 7,666,373 137,894 6,350,064 36 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/16 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous 94729 City-wide Connect Infra 3,056,478 3,056,478 3,056,478 2,581,387 475,091 94736 Geographic Information Sys 1,102,726 1,102,726 1,102,726 1,024,206 78,520 94761 Poll Stor Tank Rem/Repl-Gen Fd 573,658 573,658 573,658 244,249 329,409 94803 Environmental Assmt & Clean-up 1,090,964 1,090,964 1,090,964 715,793 375,171 94814 Network Infra & Server Upgrade 3,685,057 3,685,057 3,685,057 3,237,962 6,093 441,002 94820 HR PeopleSoft Upgrade 450,000 450,000 450,000 143,462 306,538 94824 IT Disaster Recovery 460,000 460,000 460,000 354,604 105,396 94827 Telecommunications Upgrade 529,000 529,000 529,000 334,953 10,665 183,382 94828 Financial Systems Upgrades 2,576,628 2,576,628 2,576,628 371,074 1,840,883 364,671 94829 CIS Upgrades / Replacement 947,376 947,376 947,376 360,403 586,973 94830 MS Licensing / Upgrades 875,000 875,000 875,000 507,132 367,868 94833 Computer Monitors 380,000 380,000 380,000 338,439 41,561 94839 Roadway & Traffic Asset Mgt 440,000 440,000 440,000 387,578 52,422 94842 MSB Pkg Lot Resurf/Imprvmts 400,000 400,000 400,000 12,390 387,610 94850 Backfile Conversion of Records 500,000 500,000 500,000 176,655 323,041 304 94857 Accela Permitting & Code Enforce 350,000 350,000 350,000 90,906 259,094 94861 Library Technology 1,250,000 1,250,000 1,250,000 935,634 314,366 94873 Citywide Camera System 260,000 260,000 260,000 118,298 141,702 94874 City Enterprise Timekeeping System 235,000 235,000 235,000 161,897 25,805 47,298 94878 Asset Management Upgrade 180,000 180,000 180,000 18,391 13,029 148,580 94879 Aging Well Center Tech Upgrade 105,000 105,000 105,000 92,067 12,933 94880 Granicus Agenda Management Sys 85,000 85,000 85,000 41,136 43,864 94883 Business Process Review & Improve 450,000 450,000 450,000 114,647 335,353 94886 Clearwater Airpark Masterplan Update 150,000 150,000 150,000 150,000 94888 City EOC & Disaster Recovery Facility 360,000 360,000 360,000 360,000 94890 Enterprise Advanced Audio Video R&R - 500,000 500,000 453,000 47,000 94892 Imagine Clearwater Implementation - - 500,000 500,000 500,000 10 Sub-Total 20,491,887 20,991,887 500,000 21,491,887 12,816,263 2,219,516 6,456,108 UTILITIES Stormwater Utility 96124 Storm Pipe System Improvements 20,752,929 20,752,929 20,752,929 14,840,137 2,906,435 3,006,357 96129 Stevenson Creek Estuary Restoration 6,287,225 6,287,225 6,287,225 6,284,388 2,837 96164 Allen's Creek Improvement Projects 2,848,173 2,848,173 2,848,173 813,122 1,944,017 91,034 96168 Stormwater System Expansion 2,651,649 2,651,649 2,651,649 1,058,846 453 1,592,350 96169 Stevenson Creek 6,543,372 4,834,388 4,834,388 3,228,089 341,390 1,264,909 96170 Coastal Basin Projects 4,935,414 4,935,414 4,935,414 3,465,648 257,749 1,212,017 96173 Alligator Creek Watershed Projects 4,292,740 4,292,740 4,292,740 1,467,334 50,700 2,774,706 96177 Jeffords Street Outfall 1,764,722 1,764,722 (409,153) 1,355,569 1,355,569 173,797 (173,797) 11 96178 Smallwood Circle 1,781,686 1,781,686 1,781,686 1,781,686 0 C 96180 Stormwater Maint St Sweeping Fac 2,323,408 2,323,408 2,323,408 337,654 1,785,754 200,000 96184 Magnolia Drive Outfall 3,400,000 3,400,000 3,400,000 1,713,019 1,598,831 88,150 96186 Hillcrest Bypass Culvert 3,900,000 3,900,000 409,153 4,309,153 212,986 42,705 4,053,462 12 96187 Mango Outfall 1,800,000 1,800,000 1,800,000 598,272 413,039 788,689 96188 East Gateway Improvements 3,573,522 5,282,506 5,282,506 323,004 4,659,609 299,893 96189 Dump Trailer 60,000 60,000 60,000 44,984 15,016 96190 Roll Off Truck 230,000 230,000 230,000 226,808 3,192 96191 Stormwater Vehicle 30,000 30,000 30,000 30,000 - C Sub-Total 67,174,840 67,174,840 (0) 67,174,840 37,781,546 14,174,479 15,218,815 37 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/16 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Water System 96721 System R & R - Maintenance 4,606,799 4,606,799 342,635 4,949,434 2,682,186 265,784 2,001,464 36 96722 Line Relocation - Maintenance - - 505,000 505,000 505,000 37 96739 Reclaimed Water Dist Sys 65,071,459 63,071,459 600,000 63,671,459 62,070,117 967,088 634,254 38 96740 Water Supply/Treatment 5,870,430 5,870,430 (406,267) 5,464,163 5,352,198 111,965 0 39 96741 System R & R-Capitalized 10,836,996 10,836,996 (2,031,559) 8,805,437 8,798,233 7,203 1 40 96742 Line Relocation-Capitalized 13,964,486 15,964,486 (473,679) 15,490,807 11,624,958 3,108,380 757,469 41 96743 Mtr Bkflow Prev Dev/Change Out 4,184,046 4,184,046 (91,012) 4,093,034 3,976,531 116,503 42 96744 System Expansion 2,333,673 2,633,673 2,633,673 2,397,921 71,925 163,827 96752 Water Service Lines 5,042,119 4,742,119 (1,075,441) 3,666,678 3,658,440 8,238 0 43 96764 RO Plant Exp Res #1 16,865,751 16,865,751 2,281,590 19,147,341 16,090,704 742,057 2,314,580 44 96766 Water Quality Monitoring Devices 600,000 600,000 (591,745) 8,255 8,255 0 45 96767 RO Plant at Res #2 44,701,876 44,701,876 1,591,745 46,293,621 43,619,130 203,556 2,470,935 46 96768 Rebate Well, Lk, Pnd Irr Abandmt 275,000 275,000 (160,000) 115,000 111,728 3,272 47 96773 Groundwater Replenishment Facility 8,177,867 8,177,867 9,937,301 18,115,168 4,319,035 1,564,785 12,231,348 48 96774 Automated Meter Reading 2,300,000 2,300,000 (2,129,301) 170,699 170,699 (0) 49 96775 Arsenic Treatment WTP #3 1,359,420 133,202 133,202 133,202 (0) C 96780 Valve Turner Maintenance Trailer 57,884 57,884 57,884 57,884 0 C 96781 Compact Track Loader 62,000 62,000 62,000 48,523 13,477 96782 Reverse Osmosis Plant @WTP #3 - 1,226,218 773,782 2,000,000 862,100 1,137,900 50 96784 Reclaimed Water Distribution System R&R - - 200,000 200,000 200,000 51 96785 Feasibility Studies/Evaluations - Water System - - 925,000 925,000 925,000 52 Sub-Total 186,309,806 186,309,806 10,198,049 196,507,855 165,119,744 7,913,081 23,475,030 Sewer System 96202 WWTP Screw Pump Replacement 4,849,383 4,803,480 (541,604) 4,261,876 4,261,876 (0) 13 96204 WWTP UV Disinfections System 1,567,586 1,567,586 (700,042) 867,544 867,544 (0) 14 96209 Maintenance Vehicle 109,000 94,002 94,002 94,002 - C 96211 Godwin Diesel Pump 72,000 72,000 72,000 69,833 2,167 96212 Sanitary Sewer Upgrades/Improvements - - 4,440,000 4,440,000 69,833 4,370,167 15 96213 Marshall Street Upgrades/Improvements - - 2,275,000 2,275,000 2,275,000 16 96214 East Plant Upgrades/Improvements - - 100,000 100,000 100,000 17 96215 Northeast Plant Upgrades/Improvements - - 8,056,489 8,056,489 8,056,489 18 96216 Laboratory Upgrade/Improvements - - 133,079 133,079 133,079 19 96217 Pump Station R&R - - 1,405,192 1,405,192 1,405,192 20 96218 Feasibility Studies/Evaluations - - 1,241,641 1,241,641 1,241,641 21 96219 Devices/Equipment Sewer Division - - 685,000 685,000 685,000 22 96611 Bio-Solids Treatment 9,227,732 9,227,732 (747,302) 8,480,430 7,859,993 46,370 574,067 23 96615 Odor Control 2,567,094 2,567,094 (460,943) 2,106,151 1,971,665 134,486 (0) 25 96619 WWTP Generator Replacements 4,411,383 4,411,383 (235,127) 4,176,256 4,176,257 (0) 25 96621 WWTP New Presses 3,402,580 3,402,580 (14,528) 3,388,052 3,388,052 (0) 26 96630 Sanitary Sewer Extension 16,179,556 16,179,556 679,164 16,858,720 10,808,820 152,283 5,897,617 27 96634 Sanitary Util Reloc Accmmdtn 7,216,813 11,533,916 (584,427) 10,949,489 4,962,309 5,596,144 391,036 28 96645 Laboratory Upgrade & R&R 2,104,959 2,104,959 (114,057) 1,990,902 1,878,560 14,310 98,032 29 96654 Facilities Upgrade & Improvement 27,468,778 27,839,479 (6,691,446) 21,148,033 18,105,987 1,958,309 1,083,737 30 96664 WPC R & R 29,154,544 29,154,544 2,000,000 31,154,544 21,773,260 1,878,079 7,503,205 31 96665 Sanitary Sewer R&R 37,402,389 33,085,286 866,963 33,952,249 27,738,063 3,159,098 3,055,088 32 96666 WWTP East Bypass & NE Pump 2,586,522 2,325,971 2,325,971 2,325,971 0 C 96686 Pump Station Replacement 19,776,977 19,776,977 (2,139,038) 17,637,939 16,202,963 1,115,534 319,442 33 Sub-Total 168,097,295 168,146,544 9,654,015 177,800,559 126,554,988 14,054,613 37,190,958 38 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/16 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Gas System 96358 Environmental Remediation 2,334,794 2,334,794 2,334,794 1,519,224 122,334 693,236 96365 Line Relocation-Pinellas Maint 934,106 734,106 734,106 516,403 71,751 145,952 96367 Gas Meter Change Out-Pinellas 3,435,000 3,435,000 3,435,000 3,276,649 158,351 96374 Line Relocation-Pinellas Capitalized 2,781,944 2,781,944 2,781,944 2,280,133 501,811 96376 Line Relocation - Pasco Maint 308,593 208,593 208,593 84,756 123,837 96377 Pinellas New Main / Service Lines 28,449,544 28,478,764 28,478,764 27,315,785 21,831 1,141,148 96378 Pasco New Mains / Service Lines 13,855,830 13,864,858 13,864,858 11,601,770 367,499 1,895,589 96379 Pasco Gas Meter Change Out 717,821 717,821 717,821 634,636 83,185 96381 Line Reloc-Pasco-Capitalized 226,192 68,791 68,791 57,152 11,639 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 856,268 135,732 96384 Gas Building Renovation 14,349,675 14,349,675 14,349,675 1,019,432 1,037,490 12,292,753 96385 Gas Main Extensions 1,557,845 1,557,845 1,557,845 1,186,506 371,339 96386 Expanded Energy Conservation 6,038,014 6,539,822 6,539,822 5,526,551 1,013,271 96387 Natural Gas Vehicle 4,553,867 4,560,009 4,560,009 3,704,069 855,940 96389 Future IMS Software & Hardware 300,000 300,000 300,000 179,206 95,980 24,814 96390 Ford Trucks 394,000 394,000 394,000 212,113 42,771 139,116 96391 Gas System Pasco Building 2,000,000 2,000,000 2,000,000 2,000,000 96392 Gas Equipment Additions 191,000 191,000 191,000 189,278 1,722 Sub-Total 83,420,224 83,509,020 - 83,509,020 60,159,931 1,759,656 21,589,433 Solid Waste 96426 Facility R & R 2,402,608 2,402,608 2,402,608 1,673,746 29,234 699,628 96443 Res Container Acquisition-II 1,751,741 1,751,741 1,751,741 1,285,464 466,277 96444 Comm Container Acquisition-II 3,490,020 3,540,020 3,540,020 2,722,409 11,650 805,961 96445 Solar Trash & Recycling Kiosks 239,414 239,414 239,414 189,414 50,000 96447 S.W.Transfer Station Rebuild 1,000,000 1,000,000 1,000,000 750,641 249,359 96448 Solid Waste CNG Station 150,000 150,000 150,000 150,000 Sub-Total 9,033,783 9,083,783 - 9,083,783 6,621,674 40,884 2,421,225 Utility Miscellaneous 96516 Citywide Aerial Photo 159,533 159,533 159,533 151,596 7,937 96523 Pub Utilities Adm Bldg R&R 1,001,134 1,001,134 (142,306) 858,828 679,335 97,716 81,777 23 96526 Public Utility Admin Building - - 484,306 484,306 484,306 24 Sub-Total 1,160,667 1,160,667 342,000 1,502,667 830,931 97,716 574,020 Recycling 96804 Recycling Carts/Dumpsters 1,036,650 1,036,650 1,036,650 698,517 338,133 96805 Recycling Expansion/Particip/R&R 1,291,525 1,291,525 1,291,525 886,870 404,655 96809 Recyc Processing Ctr Expand & Upgrade 1,000,000 1,000,000 1,000,000 112,552 2,350 885,098 Sub-Total 3,328,175 3,328,175 - 3,328,175 1,697,939 2,350 1,627,886 TOTAL ALL PROJECTS 764,706,209 768,919,199 21,104,496 790,023,695 561,279,039 58,443,437 170,301,219 39 Special Program Fund Mid Year Budget Amendments October 1, 2016 - March 31, 2017 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs Police Extra Duty 1 99215 184,427 (4,634) To record a budget increase of $184,427 in Police Service revenue to bring the budget in line with actual receipts. To record a transfer of $4,633.50 in Police Service revenue to program 181-99350,Vehicle Replacement representing revenue collected for vehicle usage on extra duty jobs. 179,794 2016 HVE Pedestrian & Bicycle Safety 2 99218 10,000 To record a budget increase of $10,000 in grant revenue from the USF Center for Urban Transportation Research as approved by Council on April 6, 2017. 10,000 Police Education Fund 3 99317 7,136 To record a budget increase of $7,136.04 in police education fine revenue which will bring the budget in line with actual receipts.7,136 Investigative Cost Recovery 4 99329 37,587 To record a net budget increase of $37,586.61 which will bring the budget in line with actual receipts.Amendments include an increase of $10,762.92 in overtime reimbursement revenues,and an increase of $26,823.69 in fines,forfeitures and penalties revenue.37,587 Florida Contraband Forfeiture Fund 5 99330 39,269 (30,000) To record a net budget increase of $39,269.36 in fines, forfeitures and penalties revenue which will bring the budget in line with actual receipts. To record a transfer of $30,000 in fines,forfeitures and penalties revenue to 181-99356, Safe Neighborhood Program.9,269 Vehicle Replacement 6 99350 4,634 To record a transfer of $4,633.50 in police services revenue from 181-99215,Police Extra Duty.This represents revenue collected for vehicle usage on extra duty jobs. 4,634 Safe Neighborhood Program 7 99356 30,000 To record a transfer of $30,000 in fines,forfeitures,and penalties revenue from program 181-99330,Florida Contraband Forfeiture Fund.30,000 Crime Prevention Program 8 99364 5,000 To record a budget increase of $5,000 in donation revenue to bring the budget in line with actual receipts. 5,000 Public Safety Program Totals:283,419 - 283,419 40 Special Program Fund Mid Year Budget Amendments October 1, 2016 - March 31, 2017 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Miscellaneous Programs: Clark-Turner Trust (Library) - NEW PROGRAM 9 98608 105,020 To establish the program and record a budget increase of $105,020.22 in donation revenues from the estate of Geraldine Clark-Turner. 105,020 Special Events 10 99865 631,912 To record a budget increase of $631,911.92;representing increases of $10,501.41 in rental income,$107,456.20 in sponsorship revenue,$2,285.00 in memberships and registrations, $508,848.21 in sales revenue,and $2,821.10 in reimbursements, which will bring the budget in line with actual receipts for the quarter. 631,912 Library Special Account 11 99910 12,685 To record a budget increase of $12,685.36 in donation revenue to bring the budget in line with actual receipts.12,685 Tree Replacement Program 12 99970 2,712 To record a budget increase of $2,712.00 in fines forfeiture and penalty revenue to bring the budget in line with actual receipts.2,712 Miscellaneous Programs Total:752,330 - 752,330 1,035,749 - 1,035,749 Total Budget Increase/(Decrease): 41 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2016 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99566 Clearwater Dwntwn Partnership Grant 500 500 - 500 458 - 42 99857 Stimulus - Elctrnc Plan Submittal & Rev 289,000 289,000 - 289,000 149,927 - 139,073 Sub-Total 289,500 289,500 - 289,500 150,385 - 139,115 PUBLIC SAFETY PROGRAMS 99207 Bulletproof Vests 225,000 225,000 - 225,000 182,511 15,586 26,903 99209 Clearwater Cold Case Team 2014 30,671 30,671 - 30,671 30,671 - 99212 AmeriCorps Clearwater 2015 232,440 232,440 - 232,440 205,719 26,721 99214 2015 HVE Ped and Bicycle Safety 29,943 29,929 - 29,929 29,929 - (0) 99215 Police Extra Duty 822,056 1,096,677 179,794 1,276,470 1,144,517 - 131,953 1 99216 FCASV - ESARP Program 4,985 4,985 - 4,985 3,464 - 1,521 99217 2016 JAG Grant (Tablets)- 51,192 - 51,192 50,908 24 260 99218 2016 HVE Ped & Bicycle Safety - 40,000 10,000 50,000 35,565 - 14,435 2 99241 Human Trafficking Overtime 87,000 87,000 - 87,000 69,295 - 17,705 99242 Human Trafficking Zonta Club 5,913 5,913 - 5,913 5,150 - 763 99264 School Resource Officers 2,182,103 2,504,576 - 2,504,576 2,331,223 - 173,353 99279 Police Recruitments 68,282 71,010 - 71,010 59,150 - 11,860 99281 Fed Forfeitures - Treasury 170,217 170,878 - 170,878 120,171 - 50,707 99316 Police Volunteers 132,179 139,090 - 139,090 127,468 - 11,622 99317 Police Education Fund 1,270,850 1,283,215 7,136 1,290,351 1,220,409 - 69,942 3 99329 Investigative Recovery Costs 2,150,606 2,212,782 37,587 2,250,369 1,898,477 - 351,892 4 99330 FL Contraband Forfeiture Fnd 1,035,137 1,020,147 9,269 1,029,416 646,312 - 383,104 5 99331 Law Enforcement Trust Fund 2,673,065 2,613,426 - 2,613,426 2,575,120 - 38,306 99350 Vehicle Replacement Fund 286,732 298,462 4,634 303,095 111,217 - 191,878 6 99356 Safe Neighborhood Program 874,053 924,053 30,000 954,053 840,377 - 113,676 7 99364 Crime Prevention Program 69,599 73,596 5,000 78,596 62,304 - 16,292 8 99387 Federal Forfeiture Sharing 2,117,862 2,125,878 - 2,125,878 1,602,473 84,820 438,585 Sub-Total 14,468,692 15,240,918 283,419 15,524,337 13,352,430 100,430 2,071,477 COMMUNITY DEVELOPMENT 99421 Housing Consulting Service 115,000 115,000 - 115,000 49,334 - 65,666 99737 Public Facilities 2014 180,000 180,000 - 180,000 173,200 - 6,800 99744 Economic Development Incentives 292,500 292,500 - 292,500 262,500 - 30,000 99745 Public Facilities 2015 173,712 173,712 - 173,712 150,000 - 23,712 99752 Public Facilities 2016 499,972 499,972 - 499,972 344,931 134,200 20,841 99753 Economic Development 2016 10,000 10,000 - 10,000 - - 10,000 99754 Housing Rehab 2016 529,282 529,282 - 529,282 266,094 - 263,188 99755 Program Administration 2016 136,251 136,251 - 136,251 148,305 4,248 (16,302) 99756 Relocation/Demolition 2016 51,970 51,970 - 51,970 - - 51,970 99757 Infill Housing 2016 151,056 151,056 - 151,056 28,313 - 122,743 99758 Public Services 2016 121,000 121,000 - 121,000 121,654 130 (784) 99759 Public Facilities 2017 368,560 368,560 - 368,560 - 244,360 124,200 99760 Economic Development 2017 4,802 4,802 - 4,802 - - 4,802 99761 Public Services 2017 100,145 100,145 - 100,145 36,038 64,392 (285) 99762 Program Administration 2017 133,527 133,527 - 133,527 - - 133,527 99763 Housing Rehab 2017 60,600 60,600 - 60,600 570 8,961 51,069 99888 ULI Report Implementation 875,000 875,000 - 875,000 502,074 54,695 318,231 Sub-Total 3,803,377 3,803,377 - 3,803,377 2,083,013 510,986 1,209,378 SOCIAL SERVICES 99538 Affordable Housing Imp Fees 433,552 437,451 - 437,451 163,019 - 274,432 99562 HUD Special Education 30,000 30,000 - 30,000 27,600 - 2,400 Sub-Total 463,552 467,451 - 467,451 190,619 - 276,832 42 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2016 to March 31, 2017 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2016 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref MARINE 99704 Sembler Mitigation Project 705,856 712,285 - 712,285 709,313 2,972 (0) Sub-Total 705,856 712,285 - 712,285 709,313 2,972 (0) MISCELLANEOUS PROGRAMS 98601 Next Steps to Better Nutrition 10,000 10,000 - 10,000 5,453 - 4,547 98602 Branding Roll-Out 400,000 400,000 - 400,000 8,589 - 391,411 98603 Common Heritage Grang (NEH)11,188 11,188 - 11,188 10,309 - 879 98604 2016 Clearwater Ferry 79,300 519,120 - 519,120 267,372 - 251,748 98605 2016 Jolley Troller Sumer Pilot 51,330 51,330 - 51,330 51,330 - - 98606 Senior Citizens Services - EBWP - 15,000 - 15,000 9,368 - 5,632 98607 Senior Citizens Services - Trips - 6,000 - 6,000 - - 6,000 98608 Clark-Turner Trust (Library)- - 105,020 105,020 - - 105,020 9 99729 Joint Hercules Pln & Econ Study 150,000 150,000 - 150,000 - - 150,000 99802 Brownfield Revolving Loan 1,200,000 1,200,000 - 1,200,000 420,381 - 779,619 99844 United Way 7,580 9,080 - 9,080 7,970 - 1,110 99846 Economic Development - QTI 103,959 103,959 - 103,959 60,866 - 43,093 99860 Strategic Direction Action Plan 300,000 300,000 - 300,000 300,000 - - 99864 Clearwater Gateway Farmer's Mkt 20,000 20,000 - 20,000 8,808 - 11,192 99865 Special Events 5,876,826 6,285,545 631,912 6,917,457 6,569,273 129,732 218,452 10 99867 Centennial Celebration 150,000 150,000 - 150,000 150,000 - - 99868 Federal Early Retiree Reinsurance 651,500 651,500 - 651,500 559,222 - 92,278 99869 Health Prevention Program 192,060 192,060 - 192,060 170,736 - 21,324 99871 State Brownfields Redevelopment Acct 165,454 165,463 - 165,463 165,463 - 0 99872 Coordinated Child Care - Ross Norton 1,497,582 1,859,373 - 1,859,373 1,103,331 - 756,042 99910 Library Special Account 785,352 790,633 12,685 803,318 776,057 9,169 18,092 11 99925 Peg Access Support 838,261 838,261 - 838,261 826,972 - 11,289 99927 Emergency Operations 5,174,659 5,174,659 - 5,174,659 2,989,678 - 2,184,981 99928 Nagano Sister City Program 156,794 154,619 - 154,619 133,261 - 21,358 99950 IDB Fees 54,131 54,131 - 54,131 32,830 - 21,301 99970 Tree Replacement Project 1,446,000 1,455,216 2,712 1,457,928 810,213 25,708 622,007 12 99982 EMS Incentive/Recognition 69,700 69,700 - 69,700 41,088 - 28,612 Sub-Total 19,391,676 20,636,837 752,330 21,389,167 15,478,570 164,609 5,745,988 TOTAL ALL PROJECTS 39,122,653 41,150,368 1,035,749 42,186,117 31,964,330 778,997 9,442,790 43 City of Clearwater SPECIAL DEVELOPMENT FUND Mid Year FY 2016/17 Increase/ (Decrease)Description Revenues At mid-year,no amendments are needed to Special Program Fund revenues. -$ Net Revenue Amendments Expenditures At mid-year,no amendments are needed to Special Program Fund expenditures. -$ Net Expenditure Amendments 44 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2016 - March 31, 2017 Third Quarter: October 1, 2016 - June 30, 2017 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2016/17 2016/17 2016/17 Amendments Revenues: Ad Valorem Taxes 2,220,420 2,220,420 2,220,420 - Infrastructure Tax 10,442,200 10,442,200 10,442,200 - Interest Earnings 575,000 575,000 575,000 - Open Space Fees 20,000 20,000 20,000 - Recreation Facility Impact Fees 25,000 25,000 25,000 - Recreation Land Impact Fees 25,000 25,000 25,000 - Multi-Modal Impact Fees 200,000 200,000 200,000 - Local Option Gas Tax 1,535,350 1,535,350 1,535,350 - Allocation of Assigned Fund Balance 3,206,150 3,206,150 3,206,150 - Transfer-In from Capital Improvement Plan - 9,259 9,259 - 18,249,120 18,258,379 18,258,379 - Expenditures: Transfer to Capital Improvement Fund Road Millage 2,220,420 2,220,420 2,220,420 - Infrastructure Tax 12,770,060 12,770,060 12,770,060 - Multi-Modal Impact fees 190,000 190,000 190,000 - Local Option Gas Tax 1,650,000 1,650,000 1,650,000 - Infrastructure Tax - Debt on Internal Loans 763,640 763,640 763,640 - 17,594,120 17,594,120 17,594,120 - SPECIAL DEVELOPMENT FUND 45 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2016 - March 31, 2017 Third Quarter: October 1, 2016 - June 30, 2017 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2016/17 2016/17 2016/17 Amendments Revenues: CDBG/Home Funds 667,630 667,630 667,630 - Interest Earnings 50,000 77,100 77,100 - Grant Funds - 112,177 122,177 10,000 Other Governmental Revenue - 362,714 362,714 - Fines, Forfeiture and Penalty Revenue - 199,449 275,390 75,941 Donations - 9,580 132,285 122,706 Sales - 306,242 815,090 508,848 Rentals - 13,700 24,201 10,501 Sponsorships - 55,766 163,223 107,456 Memberships/Registrations - 4,875 7,160 2,285 Contractual Services - 494,793 692,804 198,011 Transfers from General Fund - 441,320 441,320 - Sister City Program 14,000 14,000 14,000 - Special Events 70,000 70,000 70,000 - Economic Development QTI 18,230 18,230 18,230 - Bullet Proof Vests 30,000 30,000 30,000 - Allocation of Unassigned Fund Balance 480,000 480,000 480,000 - 1,329,860 3,357,576 4,393,324 1,035,749 Expenditures: CDBG/Home Funds 667,630 667,630 667,630 - Planning - - - - Public Safety 30,000 802,226 1,085,645 283,419 Community Development 18,230 18,230 18,230 - Social Services - 3,899 3,899 - Marine - 6,429 6,429 - Other Miscellaneous Programs 84,000 1,329,161 2,081,491 752,330 Transfer to Capital Fund 530,000 530,000 530,000 - 1,329,860 3,357,576 4,393,324 1,035,749 Revenues: HOME Investment Partnerships 283,810 283,810 283,810 - State Housing Initiatives Partnerships 699,730 699,730 699,730 - Total - HOME/SHIP Funds 983,540 983,540 983,540 - Expenditures: HOME Investment Partnerships 283,810 283,810 283,810 State Housing Initiatives Partnerships 699,730 699,730 699,730 Total - HOME/SHIP Programs 983,540 983,540 983,540 - SPECIAL PROGRAM FUND LOCAL HOUSING ASSISTANCE TRUST FUND 46 ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2016/17 47 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. ***** 03/07/17 Administrative Change Order #1 and final – Jeffords Street Outfall (10- 0032-EN). This change order is for final decreases, increases and adds items resulting in a net decrease to the contract. Keystone Excavators, Inc. (172,088.78) 03/14/17 Administrative Change Order #2 and final – Greenlea-Otten Neighborhood Traffic Calming & Otten Roadway & Stormwater Improvements (10-0003-EN). This change order is for adds, increases and decreases resulting in a net increase to the contract. David Nelson Construction Co. 22,602.40 05/24/17 Administrative Change Order #1 – Mango Street Outfall (13-0041-EN). This change order is for decreases, increases and adds items resulting in a net increase to the contract. Kamminga & Roodvoets Inc. 25,869.00 Ordinance No. 9052-17 48 ORDINANCE NO. 9052-17 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 PROGRAM FUND, SOLID WASTE AND RECYCLING FUND, GAS FUND, AND PARKING 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 Mid Year Review it was found that an increase of $6,535,753 is necessary for revenues and an increase of $6,231,053 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 EXHIBIT A EXHIBIT A 2016-17 BUDGET REVENUE 2016-17 BUDGET REVENUE First Quarter Mid Year Budgeted Amended Amended Revenues Budget Budget 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 16,021,540 16,021,540 - 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 9,166,309 9,166,309 - Other Financing Sources - - - - Transfer (to) from Reserves 1,652,000 2,087,281 7,028,663 4,941,382 Total, General Fund 131,648,530 132,121,850 137,063,232 4,941,382 Special Revenue Funds: Special Development Fund 18,249,120 18,258,379 18,258,379 - Special Program Fund 1,329,860 3,357,576 4,393,324 1,035,749 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 25,111,050 392,200 Gas Fund 52,038,850 52,038,850 52,205,272 166,422 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 6,610,588 6,610,588 - - Internal Service Funds: Administrative Services Fund 11,752,010 12,252,010 12,252,010 - General Services Fund 4,884,560 4,979,560 4,979,560 - Garage Fund 17,484,130 17,484,130 17,484,130 - Central Insurance Fund 25,019,590 25,019,590 25,019,590 - Total, All Funds 395,849,090 398,971,363 405,507,115 6,535,753 49 Ordinance #9052-17 EXHIBIT A (Continued) EXHIBIT A (Continued) 2016-17 BUDGET EXPENDITURES 2016-17 BUDGET EXPENDITURES First Quarter Mid Year Original Amended Amended Budget Budget Budget 2016/17 2016/17 2016/17 Amendments General Fund: City Council 331,360 331,360 331,360 - City Manager's Office 993,950 993,950 993,950 - City Attorney's Office 1,651,920 1,651,920 1,651,920 - City Auditor's Office 216,330 216,330 216,330 - CRA Administration 395,140 395,140 395,140 - Economic Development & Housing Svc 1,706,650 1,706,650 1,706,650 - Engineering 7,865,730 7,865,730 7,865,730 - Finance 2,472,950 2,472,950 2,472,950 - Fire 26,312,890 26,312,890 26,312,890 - Human Resources 1,226,130 1,226,130 1,226,130 - Library 7,219,940 7,219,940 7,219,940 - Marine & Aviation 1,219,360 1,252,860 1,252,860 - Non-Departmental 6,600,840 7,040,660 11,982,042 4,941,382 Official Records & Legislative Svcs 1,060,210 1,060,210 1,060,210 - Parks & Recreation 25,682,620 25,682,620 25,682,620 - Planning & Development 5,627,690 5,627,690 5,627,690 - Police 39,781,790 39,781,790 39,781,790 - Public Communications 997,000 997,000 997,000 - Public Utilities 286,030 286,030 286,030 - Total, General Fund 131,648,530 132,121,850 137,063,232 4,941,382 Special Revenue Funds: Special Development Fund 17,594,120 17,594,120 17,594,120 - Special Program Fund 1,329,860 3,357,576 4,393,324 1,035,749 Local Housing Asst Trust Fund 983,540 983,540 983,540 - Utility & Other Enterprise Funds: Water & Sewer Fund 74,084,730 74,084,730 74,084,730 - Stormwater Utility Fund 17,653,660 17,653,660 17,653,660 - Solid Waste & Recycling Fund 24,536,640 24,586,640 24,666,640 80,000 Gas Fund 52,038,850 52,038,850 52,205,272 166,422 Airpark Fund 249,330 249,330 249,330 - Marine Fund 4,223,510 4,223,510 4,223,510 - Clearwater Harbor Marina 643,770 643,770 643,770 - Parking Fund 5,125,320 5,175,320 5,182,820 7,500 Internal Service Funds: Administrative Services Fund 11,752,010 12,252,010 12,252,010 - General Services Fund 4,884,560 4,979,560 4,979,560 - Garage Fund 17,484,130 17,484,130 17,484,130 - Central Insurance Fund 24,856,420 24,856,420 24,856,420 - Total, All Funds 389,088,980 392,285,016 398,516,068 6,231,053 50 Ordinance #9052-17 51 Ordinance No. 9053-17 ORDINANCE NO. 9053-17 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 $21,104,496 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 Mid Year 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 Mid Year 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 First Qtr Mid Year Original Amended Amended Budget Budget Budget 2016/17 2016/17 2016/17 Amendments Second Century Clearwater 3,652,000 3,652,000 3,652,000 - Police Protection 980,000 980,000 980,000 - Fire Protection 5,264,920 6,449,179 6,449,179 - New Street Construction - 2,223,803 2,291,784 67,981 Major Street Maintenance 3,828,420 3,828,420 3,828,420 - Sidewalk and Bike Trail 472,000 472,000 472,000 - Intersections 535,000 535,000 275,000 (260,000) Parking 611,000 611,000 611,000 - Miscellaneous Engineering 635,000 635,000 895,000 260,000 Park Development 7,077,940 7,449,824 7,784,776 334,952 Marine Facilities 635,000 635,000 642,500 7,500 Airpark Facilities 115,000 115,000 115,000 - Libraries 373,850 373,850 373,850 - Garage 8,051,400 8,051,400 8,051,400 - Maintenance of Buildings 2,330,000 2,075,000 2,075,000 - General Public City Buildings 522,800 522,800 522,800 - Miscellaneous 2,420,000 2,920,000 3,420,000 500,000 Stormwater Utility 6,034,710 6,034,710 6,034,710 - Gas System 17,524,000 17,612,796 17,612,796 - Solid Waste & Recycling 625,000 675,000 675,000 - Utilities Miscellaneous 196,950 196,950 538,950 342,000 Sewer System 17,295,110 17,344,359 26,998,374 9,654,015 Water System 86,000 86,000 10,284,048 10,198,048 TOTAL PROJECT EXPENDITURES 79,266,100 83,479,090 104,583,586 21,104,496 GENERAL SOURCES: General Operating Revenue 7,309,890 7,409,890 8,145,640 735,750 Road Millage 2,220,420 2,220,420 2,220,420 - Penny for Pinellas 12,770,060 12,790,541 12,790,541 - Multi-Modal Impact Fee 190,000 190,000 190,000 - Local Option Gas Tax 1,650,000 1,650,000 1,650,000 - County Fire Tax - 1,163,778 1,163,778 - Special Program Fund 530,000 546,944 546,944 - Grants - Other Agencies 180,000 2,508,440 2,576,421 67,981 Other Revenue - 303 303 - Property Owners Share - 82,654 82,654 - Other Refunds - 6,142 6,142 - Donations 100,000 (100,000) - 100,000 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2016/17 52 Ordinance # 9053-17 First Qtr Mid Year Original Amended Amended Budget Budget Budget 2016/17 2016/17 2016/17 Amendments EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2016/17 SELF SUPPORTING FUNDS: Marine Revenue 210,000 210,000 210,000 - Clearwater Harbor Marina Revenue 40,000 40,000 40,000 - Airpark Revenue 35,000 35,000 35,000 - Parking Revenue 631,000 631,000 638,500 7,500 Utility System: Water Revenue 162,500 162,500 162,500 - Sewer Revenue 7,093,850 7,093,850 7,093,850 - Water Impact Fees 24,000 24,000 24,000 - Sewer Impact Fees 12,460 12,460 12,460 - Utility R&R 5,844,550 5,844,550 5,844,550 - Stormwater Utility Revenue 6,180,430 6,180,430 6,180,430 - Gas Revenue 17,100,000 17,100,000 17,100,000 - Solid Waste Revenue 525,000 575,000 575,000 - Recycling Revenue 100,000 100,000 100,000 - Other Governmental Revenue - 64,247 64,247 - Grants - Other Agencies - - - - INTERNAL SERVICE FUNDS: General Services Revenue 75,000 170,000 170,000 - Garage Revenue 546,800 546,800 546,800 - Administrative Services Revenue 1,585,000 2,085,000 2,085,000 - BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 1,092,840 1,092,840 1,092,042 (798) BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Parking 22,000 22,000 22,000 - Lease Purchase - Gas 424,000 424,000 424,000 - Lease Purchase - Water & Sewer 134,000 119,002 119,002 - Bond Issue - Water & Sewer 4,631,700 4,631,700 24,825,763 20,194,063 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 7,440,600 7,440,600 7,440,600 - Lease Purchase - Administrative Services 405,000 405,000 405,000 - TOTAL ALL FUNDING SOURCES:79,266,100 83,479,090 104,583,586 21,104,496 53 Ordinance # 9053-17 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: Resolution 17-22 Agenda Date: 6/14/2017 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Office of Managment & Budget Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Amend Exhibit A of Resolution 17-17 regarding the proposed extension of Penny for Pinellas to amend the proposed project list and adopt Resolution 17-22. SUMMARY: On April 25, 2017, Resolution 17-17 was approved in support of the proposed extension of the one-cent local government infrastructure surtax (Penny for Pinellas), which included a proposed project list and the Penny IV Interlocal Agreement with Pinellas County. The proposed project list, Exhibit A, is amended to include the following changes: ·A new project, Public Safety Vehicle/Equipment Facility is being added to the list with a proposed budget of $1.5 million; ·The Police District III (Countryside Sub Station) project is being increased by $500,000 to a new total of $6 million; and ·The Athletic Fields & Facilities Upgrades/Improvements project is being created with a proposed budget of $14.5 million to combine three Parks and Recreation sports facility projects into one grouped project. (Major League Baseball Facilities, Youth Sports Fields Renovations, and McMullen Tennis Complex Expansion). ·The Sand Key Bridge Replacement Fund project is being reduced by $2 million to a new total of $28 million to fund the increases listed above. Page 1 City of Clearwater Printed on 6/13/2017 Resolution No. 17-22 RESOLUTION 17-22 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING EXHIBIT A OF RESOLUTION 17-17 REGARDING THE PROPOSED EXTENSION OF THE ONE- CENT LOCAL GOVERNMENT INFRASTRUCTURE SURTAX OTHERWISE KNOWN AS THE PENNY FOR PINELLAS TO AMEND THE PROPOSED PROJECT LIST; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Penny for Pinellas program was initiated by a referendum held in 1989 for a 10-year period beginning in 1990 and included many important county and municipal infrastructure improvements; and WHEREAS, the program was extended by a referendum held in 1997 with the program being extended from 2000 to 2010; and WHEREAS, the program was extended by a referendum held in 2007 with the program being extended from 2010 to 2020; and WHEREAS, the program has provided funding for many critical community projects as well as provided funding for key countywide facilities; and WHEREAS, Pinellas County in cooperation with the municipalities of the county is now developing a program of projects for a Penny program for the time period 2020 to 2030; and WHEREAS, Pinellas county plans to hold a referendum for the extension of the Penny for Pinellas another 10 years from 2020 to 2030 in November of 2017 to fund that program of projects; and WHEREAS, the City Council approved Resolution 17-17 on April 25, 2017 indicating its support for a referendum and the extension of the Penny program due to the considerable public benefit that it provides including a proposed project list; and WHEREAS, the City wishes to amend the proposed project list; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1.Exhibit A of Resolution 17-17, the proposed project list, is hereby amended as shown in Exhibit A attached hereto. Resolution No. 17-22 Section 2. That this resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED by the City Council of the City of Clearwater this _____ day of _________________, 2017. ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ______________________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Project Title Budget Utilities Infrastructure 20,000,000 Athletic Fields & Facilities Upgrades/Improvements 14,500,000 Waterfront/Bluff Masterplan 8,000,000 Fire Engines/Ladder Trucks 8,560,000 Police Vehicles 1,750,000 Public Safety Vehicle/Equipment Facility 1,500,000 Police District III (Countryside Sub Station)6,000,000 Neighborhood and Community Parks Renovations 3,500,000 Bicycle Paths & Recreation Trails 2,500,000 Environmental Park Upgrades 1,500,000 Beach Marina Upgrades 15,000,000 Public Works Complex 12,300,000 City Hall 6,300,000 Downtown Parking Garage 10,500,000 Sand Key Bridge Replacement Fund 28,000,000 Total Proposed Penny IV Projects 139,910,000 Penny for Pinellas Extension City of Clearwater Proposed Projects 2020-2030 Resolution No. 17-22 Exhibit A Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3585 Agenda Date: 6/14/2017 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 11.3 SUBJECT/RECOMMENDATION: Ratify and confirm Change Order 1 to Waterfront Engineering Inc., of Tampa, Florida, for Emergency Seawall Repairs in the amount of $8,765.58 and authorize the appropriate officials to execute same. SUMMARY: November 17, 2016, City Council approved emergency seawall repair proposals provided by Waterfront Engineering. During repair to the Fuller Drive seawall along Stevenson Creek, Waterfront Engineering encountered buried debris, from an earlier seawall, which needed to be removed and caused the need for additional fill material and design modifications to the new wall panel depths for an increase of $14,541.68. The seawall repaired on Clearwater Beach North of Opal Sands was completed under the proposed value saving the City $5,776.10 for a net increase to proposals of $8,765.58. APPROPRIATION CODE AND AMOUNT: 0315-93412-563800-539-000-0000 $14,541.68 ST113359 0315-93412.563800-539-000-0000 ( 5,776.10) ST113358 Funds are available in capital improvement project 315-93412, City-wide Seawall Replacement, to fund this change order. Page 1 City of Clearwater Printed on 6/13/2017 Ratify and Confirm Change Order 1&Final Date: May 18, 2017 PROJECT:PROJECT NUMBER: 13-0049-UT Emergency Seawall Repairs PO REFERENCES: ST113359 ST113358 CONTRACTOR:AWARD DATE: November 17, 2016 Waterfront Engineering, Inc. CONTRACT DATE: October 4, 2016 3940 Fountainebleau Dr Tampa, Fl 33634 CODE: 0315-93412-563800-539-000-0000 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: Waterfront Engineering, Inc. ORIGINAL CONTRACT AMOUNT Ratify&Confirm Change Order 1&Final-CC-6/14/2017 By: (SEAL) NEW CONTRACT AMOUNT Jan Anseeuw, Vice President Date: George N Cretekos, Mayor ATTEST: Witnesses: Rosemarie Call, City Clerk Date: CITY OF CLEARWATER, IN PINELLAS COUNTY, FLORIDA Recommended By: City of Clearwater William B. Horne, II, City Manager Ed Chesney, PE,Project Manager APPROVED AS TO FORM: Matthew Smith, Assistant City Attorney Michael D. Quillen, PE, City Engineer 140,437.00$ 8,765.58$ 149,202.58$ During sheet pile installation, crews encountered buried debris that needed to be removed thus caused for import fill and an increase in sheet pile lengths -see details attached Ratify and Confirm Change Order 1&Final Emergency Seawall Repairs ITEM DESCRIPTION UNIT QTY UNIT COST TOTAL COST Purchase Order ST113358 Decreases: 2 Pinle installation LS 0.09 5,600.00$ (526.10)$ 6 Contingency LS 1 5,250.00$ (5,250.00)$ Total Net (Decreases) PO ST113358:(5,776.10)$ Purchase Order ST113359 Decreases: 6 Furnish and place rip/Mirafi EA 1.39 260.00$ (361.40)$ 11 Contingency LS 1 7,517.00$ (7,517.00)$ Total (Decreases):(7,878.40)$ Increases: 9 Clean sandy fill EA 60 $ 150.00 $9,000.00 10 Grass SF 2587 0.98$ 2,543.85$ Total Increases:$11,543.85 Additions: 12 Lengthen sheet piles from 10 to 12 LS 1 $ 584.76 $584.76 13 Remove and dispose buried retention wall LS 1 $ 6,500.00 $6,500.00 14 Sheet pile LS 1 $ 3,191.47 $3,191.47 14 Grading EA 600 1.00$ 600.00$ Total Additions:$10,876.23 Total Net (Decreases)/Increases/Additions PO ST113359:14,541.68$ Total Net (Decreases)/Increases/Additions to the Contract:8,765.58$ STEV E N S ON C R EEKN BETTY LN STATE ST SUNSET POINT RD SYLVAN DR PINELAND DR CHENANGO AVE COLES RD FULLER DR VISTA WAY MACOMBER AVE SYLVAN DR ALOHA LN SHERIDAN RD LOCATION MAP ²Prepare d b y:Eng ineer ing De p ar tm en tGeographic T echno lo gy Division100 S . M yrtle Ave, Clear water, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClea r wa ter .co m PROJECTSITE CRM EC N.T.S.260B 03-29s -15 w10/2 5/2016Map Gen By:Reviewed By:S-T-R:Grid #:Date:Sca le: EMERGENCY SEAWALL REPAIRSStevenson Creek Seawall alo ng Fuller Dr. Documen t Path: V:\GIS\Engine ering \Lo cation Maps\EmerSeawallReprSteven sonCreek .mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3521 Agenda Date: 6/14/2017 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 11.4 SUBJECT/RECOMMENDATION: Approve the Contract for Exchange of certain real property owned by the City of Clearwater for a parcel in downtown which is of greater value, by the Church of Scientology Flag Service Organization, Inc. (COS) and authorize the appropriate officials to execute same. SUMMARY: There will be need for public parking once the Nolen Project and accompanying amenities are completed in the near future. The property at the southwest corner of Cleveland Street and S Martin Luther King Jr. Avenue abuts this new construction and will provide the needed parking. This property is to be exchanged, to the City, by the COS. COS is under contract to purchase this property, as a pre-requisite to the land swap, from the current owner, 1133 Cleveland Street Properties, LLC. This property appraised at $600,000 by James Millspaugh & Associates, Inc. For this COS property, the City of Clearwater will exchange three parcels of land more particularly described as: 600 Franklin Street - The South 60’ of Lot 1, Block 7, Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla, Plat Book 1, Page 52, Public Records of Hillsborough County, of which Pinellas County was formerly a part. Dedicated Right-of-Way - a portion of Lot 34 and a portion of the vacated Haven Street, Court Square Subdivision, Plat Book 5, Page 53, Public Records of Pinellas County, Florida. The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. The Right-of-Way parcel is located on the north side of Court Street, between S Garden Avenue and S Fort Harrison Avenue, and contains Right-of-Way dedicated as Haven Street by plat and Right-of-Way dedicated by ordinance over City-owned property. The Haven Street portion of the Right-of-Way parcel was dedicated by plat in Plat Book 5, Page 53, Official Records of Pinellas County, Florida in 1922, and will join the adjacent fee-owned lots by operation of law upon vacation. The Right-of-Way dedicated over City-owned Lots 34 and 45 of Court Square Subdivision by Resolution No. 79-50 in Official Records Book 4867, Page 1478, will remain in City ownership to be conveyed as part of the swap. Following the vacation of the Right-of-Way parcel, the remaining City-owned property will be approximately 4,750 S.F. The appraised value of said land has been determined by James Millspaugh & Associates, Inc, to be $200,000. The second City-owned parcel is located at 600 Franklin Street, and is apart of old Fire Station 45. The property is approximately 3,660 S.F. and the appraised value of the parcel has been Page 1 City of Clearwater Printed on 6/13/2017 File Number: ID#17-3521 determined by James Millspaugh & Associates, Inc, to be $155,000. The third parcel is located at 28 North Garden Avenue and is known as the City of Clearwater’s North Garden Avenue Parking Lot. This lot abuts Watterson Avenue to the east, and is between Cleveland Street and Hendricks Street. This parking lot is roughly 4,500 S.F. and includes 9 parking spaces, open to the public. The rate at this lot is $0.50 an hour with a maximum time limit of 2 hours. The appraised value of this property, as determined by James Millspaugh & Associates, Inc, is $70,000. This contract is contingent upon four pre-requisites. The first being the declaration of surplus of these three City owned parcels. The second pre-requisite is the vacation of Haven Street, along with real property dedicated as Right-of-Way in Official Records 4867, Page 1478, of the Public Records of Pinellas County, Florida. The third, being the acquisition of the COS Property by the COS, prior to closing. The fourth contingency is the City being granted adequate access to the COS Property in accordance with the timeframes contemplated for purposes of conducting inspections and investigations, including environmental investigations. If any of these pre-requisite items fail to come to fruition, this contract will be null and void. Page 2 City of Clearwater Printed on 6/13/2017 COURT ST LAURA ST PARK ST CLEVELAND ST PIERCE ST S EAST AVEFRANKLIN ST S MYRTLE AVE S PROSPECT AVE EWING AVE S FORT HARRISON AVE S MARTIN LUTHER KING, JR. AVE N EAST AVEBOOTH AVE S GARDEN AVE N MYRTLE AVE N GARDEN AVE WATTERSON AVE PADUA LN N FORT HARRISON AVE MARKLEY ST NPROSPECTAVENATHANS LN PARK ST PIERCE ST S GARDEN AVE JB TM 286B 16-29s-15e 05/04/17Map Gen By:Reviewed By: S-T-R:Grid #: Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Property Swap Locations andAppraised Value Comparison Church of Scientology SiteAppraised Value: $600,000 ² N.T.S.Scale: Document Path: S:\ENV\Jim Benwell\GIS\Prop Swap with Church Values.mxd Parking Lot #4Appraised Value: $70,000 600 Franklin StAppraised Value: $155,000 Platted and Dedicated Right-of-WayAppraised Value: $200,000 3 Properties to b e Swapped by City Total: $42 5,000Property to b e Swapped by Church of Scientology: $6 00,00 0Difference in Tota l: $175,000 55 50 203050 1 2 34 41/0233055 50 55(S)5035 3550 8070 6028 17 35 15 15 55 35 44 355035606059.5303052(S)3512121155(S)1550 23814 59580 32292 32292 32274 16528 * 85185 A B 1 2 6 5 7 17 18 20134 1 2 3 4 5 6 7 8 9 10 7 6 5 1 2 3 4 5 6 7 10 9 8 7 6 5 4 3 2 1 18 17 16 15 14 1 2 3 4 5 6 7 8 1 2 3 4 9 10 11 13 3 4 5 6 13 14 15 16 17 18 3 2 1 12 13 14 6 5 123456734 14131211109821 91011 1 2 3 4 5 6 7 8 4 3 2 1 23 22 21 20 1 3 4 9 2 8 12 1 2 3 1 7 12/01 12/03 12/0 2 11/01 11/03 12/10 A C 2 1 2 12 1 Garden Avenue Garage(City Owned) 24 46 34 28 33 512606124 530612628505615534515515101 527120 601600531100 619432-ENE 1/4 of 16-29-15 286B SE 1/4 of 9-29-15 277B DREW ST PARK ST CLEVELAND ST N GARDEN AVE HENDRICKS ST WATTERSON AVE LAURA ST N FORT HARRISON AVE S GARDEN AVE ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM TM N.T.S.286B 16-29s-15e05/09/2017Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: PART OF PARCEL ID 16-29-15-32274-005-0012,GARDEN AVENUE GARAGE28 N GARDEN AVE Path: V:\GIS\_Staff\Chris\Projects\City\Garden Ave Garage Parcel\GIS Map\GardenAvenueGarageParcel.mxd City Portion to be Swapped in Property Exchange The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records ofHillsborough County, Florida, of which Pinellas County was formerly a part. Hatc hed area further describe d as: THIS IS NOT A SURVEY Page 1 of 15 CONTRACT FOR EXCHANGE OF REAL PROPERTY THIS CONTRACT FOR EXCHANGE OF REAL PROPERTY is made on _______________, 2017 (“Effective Date”), by and between the CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not for profit corporation (herein “COS”), of 503 Cleveland Street, Clearwater, Florida 33755, and the CITY OF CLEARWATER, FLORIDA, a Municipal corporation of the State of Florida (herein "City") of P.O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: William B. Horne, II, City Manager, (collectively "Parties") hereby agree that the Parties shall exchange the following real property ("Real Property") (CITY’s Property and COS’s Property, as defined below, is sometimes collectively referred to as "Property") upon the following terms and conditions. 1.PROPERTY DESCRIPTION LEGAL DESCRIPTION: Property to be conveyed by COS to CITY consists of a certain parcel of real property as described on Exhibit “A” attached hereto and made part hereof (“COS Property”). Property to be conveyed by CITY to COS consists of three certain parcels of real property as described on Exhibit “B” attached hereto and made part hereof (“CITY Property”). 2.FULL PURCHASE PRICE: This Agreement is for an exchange of Property as between the Parties and there is no additional consideration to be paid by either party at Closing. At the time of Closing, COS shall convey to City, pursuant to the terms herein, COS Property, and CITY shall convey to COS the City Property. The conveyance of the COS Property shall constitute full consideration for the conveyance of the City Property. The conveyance of the City Property shall constitute full consideration for the conveyance of the COS Property. 3. MANNER OF PAYMENT: CITY Property shall be conveyed to COS by Special Warranty Deed. COS Property shall be conveyed to City by Warranty Deed; and, closing costs shall be attributed to the Parties as provided for herein. 4. PURCHASE PRICE The Full Purchase Price is based upon appraisals of both the COS Property and the CITY Property by James M. Millspaugh & Associates dated October 3, 2016, February 17, 2017 respectively, as amended March 8, 2017, all of which are on file with the City Real Estate Department. Page 2 of 15 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by COS, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Council ("Council"). If this agreement is accepted and approved by the Council, it will be executed by duly authorized City officials and delivered to COS within 10 days thereafter. If a counter-offer is approved by the Council, it shall be delivered to COS in writing within 10 days of such action by the City Council, and COS shall have 10 days thereafter to deliver to CITY, written notice of acceptance or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter- offer is rejected by COS, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Council upon initial presentation to the Council, this contract shall be null and void in all respects and COS shall be so informed in writing within 5 days of such action. Contingencies: The exchange proposed in this contract shall be contingent upon: (1) the declaration of the City Property as surplus in accordance with the City of Clearwater Code of Ordinances; (2) City Council approval of a vacating ordinance which vacates that certain portion of public right-of-way f/k/a and platted as Haven Street and a portion of right-of-way dedicated in Resolution 79-50 of the City of Clearwater, Florida (as more particularly described in Exhibit “C” attached hereto and incorporated herein) (Said vacation ordinance shall be conditioned upon, among other things, the Closing of the property exchange as contemplated herein and the granting of utility easements by COS to certain private utility companies); ; (3) the acquisition of the COS Property by the COS prior to Closing; and (4) the City being granted adequate access to the COS Property in accordance with the timeframes contemplated herein for purposes of conducting inspections and investigations, including environmental investigations, as provided for herein. Should COS or 1133 Cleveland Properties, LLC, as their interests may appear, fail to provide access to the City, this Contract shall be null and void in all respects with neither party having any further obligation to the other. 6. TITLE COS warrants that at the time of closing, COS shall have legal capacity to and shall convey marketable title to the COS Property by Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to CITY. Otherwise title shall be free of liens, easements and encumbrances of record or known to COS, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents CITY's intended use of the COS Property for downtown redevelopment purposes. COS warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. Page 3 of 15 CITY warrants legal capacity to and shall convey marketable title to the CITY Property by Special Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to COS. Otherwise title shall be free of liens, easements and encumbrances of record or known to City, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents COS's intended use of the CITY Property for redevelopment purposes. CITY warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. CITY acknowledges that this transaction is part of a multi-property transaction involving a pre-requisite third-party conveyance of the COS Property to COS and COS shall obtain title to the “COS Property” simultaneous with this Closing, however, prior to the COS conveyance to the City as necessary for a valid, warranted conveyance of title to the City. 7. TITLE EVIDENCE Each party shall, at the expense of the party granting title and within 15 days prior to closing date, deliver to the other party, a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by CITY or COS as may be appropriate at or before closing for both the COS Property and the CITY Property, as their interests may appear. The parties shall convey marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. The other party shall have 5 days from receiving evidence of title to examine it. If title is found defective, the objecting party shall, within 3 days thereafter, notify the other party in writing specifying defect(s). If the defect(s) render title unmarketable, the granting party will have 120 days from receipt of notice within which to remove the defect(s), failing which the objecting party shall have the option of either accepting the title as it then is or withdrawing from this Contract. CITY or COS, as appropriate will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. 8. SURVEY The Parties, at their own expense, within time allowed to deliver evidence of title and to examine same, may have the CITY Property or COS Property surveyed (by COS or CITY, respectively) and certified to the other party and closing agent by a registered Florida land surveyor. If survey shows any encroachment on the respective parcel, or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may Page 4 of 15 include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE [X] COS [ ] CITY shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before August 31, 2017 but in no case later than 120 days of the effective date, unless extended by other provisions of this contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Closing Agent, on behalf of COS, shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments for both conveyances. The appropriate parties shall deliver resolutions authorizing the sale and delivery of the deed and certifying the resolution and setting forth facts showing the conveyance conforms to the requirements of local law. 11. CLOSING EXPENSES Documentary stamps on the COS Property deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the COS. Documentary stamps on the CITY Property deed, unless this transaction is exempt under Chapter 201.24, Florida Statues, shall be paid by the COS. Each party shall also pay the costs of recording any corrective instruments required to insure marketable title of the property being conveyed by that party. Recordation costs of the deeds shall be paid by the respective grantee. 12. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Properties shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property from taxation as provided in Chapter 196, Florida Statutes (2016). If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held in trust for third parties in occupancy of the Properties shall be credited to the other party at time of closing. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by respective owner/seller. Page 5 of 15 13. OCCUPANCY The parties warrant to one another that there are no parties in occupancy on the respective Properties, unless as otherwise disclosed herein. If Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 14. The Parties agree to deliver occupancy of the respective Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, the Party taking occupancy assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. LEASES The parties shall, not less than 15 days before closing, furnish to the other party copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If unable to obtain such letter from each tenant, the same information shall be furnished by the other party within that time period in the form of an affidavit, and the party may thereafter contact tenants to confirm such information. The granting party shall, at closing, deliver and assign all original leases to the other party and credit the parties with all advanced rents and security deposits paid by or on behalf of each tenant. 15. PROPERTY CONDITION The parties shall deliver the respective Properties to the respective grantee party at time of closing in their present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Neither party makes any warranty other than as is disclosed herein in Paragraph 22 (“WARRANTIES”) and marketability of title. Each Party’s covenant to exchange the respective Properties “as is” is more specifically represented in either subparagraph 1. a. or b. as marked [X]. a.[ ] As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present "as is" condition. [X ] As Is With Right of Inspection: Each Grantee may, at its expense and within 90 days following the Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property it is acquiring as it deems necessary to determine suitability for its intended use. The other Party shall grant reasonable access to the Property to said Grantee, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Page 6 of 15 Each Party will, upon reasonable notice, provide utilities services as may be required for Grantee’s inspections and investigations. Each Party shall not engage in any activity that could result in a mechanics lien being filed against the Property without respective Grantor’s prior written consent. Grantee may terminate this contract by written notice to the respective Grantor prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Grantee, unless the respective Grantor elects to repair or otherwise remedy such conditions to Grantee satisfaction; or Grantee, at its option, may elect to accept a credit at closing of the total for estimated repair costs as determined by a licensed general contractor of Grantee’s selection and expense. If this transaction does not close, grantee agrees, at Grantee expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. Access to the COS Property shall be granted to City as of the Effective Date of this Contract for purposes of conducting the inspections and investigations provided for herein pursuant to a separate right of access agreement between the City and 1133 Cleveland Properties, LLC. Should COS or 1133 Cleveland Properties, LLC fail to provide the City adequate access to the COS Property for investigations as provided for herein, this Contract shall be null and void in all respects with neither party having any further obligation to the other. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, the parties may conduct a final "walk-through" inspection of the Properties to determine compliance with any obligations under Paragraphs 8, 13 and 15 and to insure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 17. HOLD HARMLESS CITY is self-insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute, F.S. 768.28, agrees to indemnify and hold harmless COS from claims of injury to persons or property during the inspections and investigations described in Paragraph 15(b) resulting from CITY's own negligence only, or that of its employees or agents only, subject to the limits and restrictions of the sovereign immunity statute. COS agrees to indemnify and hold harmless the City from claims of injury to persons or property during the inspections and investigations described in Paragraph 15(b) resulting from COS own negligence, or that of its employees or agents only. 18. RISK OF LOSS If any of the property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the property so damaged, Page 7 of 15 cost of restoration shall be an obligation of the grantor party and closing shall proceed pursuant to the terms of this contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, the respective Grantee shall have the option of either taking the Property "as is", together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. 19. PROCEEDS OF SALE; CLOSING PROCEDURE The deeds to the CITY Property and COS Properties shall be recorded upon delivery of all deeds and other required closing documents, and payment and clearance of funds payable for title insurance and other closing costs. Proceeds of sale shall be held in escrow by COS's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at the respective owner’s expense to show title in the other party, without any encumbrances or change which would render the property’s title unmarketable from the date of the last title evidence. If title is rendered unmarketable through no fault of the other party, the objecting party shall, within the 5 day period, notify the other party in writing of the defect and the non-objecting party shall have 30 days from the date of receipt of such notification to cure the defect. If the defect is not timely cured, all funds paid by or on behalf of the other party shall, upon written demand made and within 5 days after demand, be returned to the other party and simultaneously with such repayment, the property shall be reconveyed by the same type deed of the original conveyance. If the objecting party fails to make timely demand for refund and reconveyance of property, objecting party shall take title "as is", waiving all rights against the non-objecting party as to any intervening defect except as may be available to objecting party by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (2016), as amended. 20. DEFAULT If this transaction is not closed due to any default or failure on the part of the Grantor, other than to make the title marketable after diligent effort, the respective Grantee may seek specific performance or unilaterally cancel this agreement upon giving written notice to Grantor. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 21. RESPECTIVE GRANTOR WARRANTIES Respective Grantors warrant that there are no known facts that would materially effect the value of the Properties, or which would be detrimental to the Properties, or which would effect parties desire to exchange the properties except as follows: NONE The parties shall have the number of days granted in Paragraph 15(b) above ("Inspection Period") to investigate said matters as disclosed by the other party, and Page 8 of 15 shall notify the granting party in writing regarding closing on this contract notwithstanding said matters, or whether the contract shall be cancelled. Failure to notify the other party within said time period, the respective Grantee shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. 22. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(5), Florida Statutes (2016), as amended, the parties is hereby informed as follows: 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. CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 24. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 25. ASSIGNABILITY; PERSONS BOUND This contract [X] is not assignable [ ] is assignable. The terms "CITY", "COS", and "Broker" (if any) may be singular or plural. This Contract is binding upon CITY, COS, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 26. ATTORNEY FEES; COSTS In any litigation arising out of this contract, each party shall be reasonable for its own attorney's fees and costs. 27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Page 9 of 15 Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 28. BROKER REPRESENTATION Neither party is represented by a real estate broker. 29. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 30. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. In any litigation arising out of or relating to this Contract, the Parties agree that venue shall be in the United States District Court, Middle District of Florida, Tampa Division, or the Circuit Court located in Pinellas County, Florida. 31. COUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 32. EXHIBITS ATTACHED Exhibit “A” (legal description of COS Property), Exhibit “B” (legal description of CITY Property), and Exhibit “C” (legal description of public right-of-way to be vacated f/k/a and platted as Haven Street) are attached hereto and made a part of this contract. 33. ENTIRE AGREEMENT Upon execution by COS and CITY, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. Page 10 of 15 City Signature Page to Contract For Exchange of Real Property Countersigned:CITY OF CLEARWATER, FLORIDA __________________________By: _________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form:Attest: _______________________________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Page 11 of 15 COS Signature Page to Contract For Exchange of Real Property CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not for profit corporation By: _________________________ Print Name: Title: Attest: ________________________________ ________________________________ Print Name ________________________________ ________________________________ Print Name Page 12 of 15 EXHIBIT “A” COS PROPERTY Parcel No. 15-29-15-53928-005-0011 Page 13 of 15 EXHIBIT “B” CITY PROPERTY 600 Franklin Street – The South 60’ of Lot 1, Block 7, Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla, Plat Book 1, Page 52, Public Records of Hillsborough County, of which Pinellas County was formerly a part. Dedicated Right-of-Way – a portion of Lot 34 and a portion of the vacated Haven Street, Court Square Subdivision, Plat Book 5, Page 53, Public Records of Pinellas County, Florida. The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. Page 14 of 15 EXHIBIT “C” A PORTION OF PUBLIC RIGHT-OF-WAY TO BE VACATED FORMERLY KNOWN AS AND PLATTED AS HAVEN STREET IN PLAT BOOK 5, PAGE 53, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF RIGHT-OF-WAY DEDICATED IN RESOLUTION 79-50 OF THE CITY OF CLEARWATER, FLORIDA AS MORE PARTICULALRY DESCIRBED HEREIN [LEGAL DESCRIPTION AND SKETCH ON FOLLOWING PAGE] Page 15 of 15 9771432v1