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04/30/2018Monday, April 30, 2018 1:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers Council Work Session Work Session Agenda April 30, 2018Council Work Session Work Session Agenda 1. Call to Order 2. Gas System Award a contract/purchase order in the amount of $500,000 to General Utilities Pipe Supply for the purchase of Steel Pipe and Fittings for the period May 1, 2018 through April 30, 2019; award a contract/purchase order in the amount of $750,000 to General Utilities Pipe Supply for the purchase of Polyethylene Pipe and Fittings for the period May 1, 2018 through April 30, 2019, including two one-year renewal terms for each and authorize the appropriate officials to execute same. (consent) 2.1 3. Human Resources Approve an amendment to the service contract between the City of Clearwater and Cigna On-Site to operate the Employee Health Center and authorize the appropriate officials to execute same. (consent) 3.1 4. Parks and Recreation Amend Section 2.251 of the Clearwater Code of Ordinances, increasing the composition of the Sister Cities Advisory Board from six to seven members to include an at-large member and pass Ordinance 9133-18 on first reading. 4.1 Approve an amendment allowing for a time extension to the existing grant between the City of Clearwater and the Florida Department of Environmental Protection Land and Water Conservation Fund for the renovations and improvements at Moccasin Lake Nature Park and authorize the appropriate officials to execute same. (consent) 4.2 Approve the recommendation made by the Public Art and Design Board (PADB) for the commission of a public art installation for the St. Petersburg College East Community Library located at 2465 Drew Street, as designed by Gus and Lina Ocamposilva for the total cost of $60,000 to be funded from the Library CIP code 0315-93530. (consent) 4.3 Approve co-sponsorship and waiver of requested city fees and service charges for Fiscal Years 2018/19 special events including four annual city events and twenty-two city co-sponsored events at an estimated General Fund cost of $577,060 ($110,750 cash contributions and $466,310 in-kind contributions) and Enterprise Fund cost and fee waiver of $91,320 for the purposes of Fiscal Year 2018/19 departmental budget submittals. (consent) 4.4 5. Engineering Page 2 City of Clearwater Printed on 4/30/2018 April 30, 2018Council Work Session Work Session Agenda Approve an Engineer of Record (EOR) Work Order to McKim and Creed, Inc. in the amount of $190,800 for the Marshall Street and East WRF Basins Inflow and Infiltration Permanent Flow Monitoring (18-0023-UT) and authorize the appropriate officials to execute same. (consent) 5.1 Approve the request from City of Clearwater staff to vacate a portion of public right-of-way of Haven Street dedicated by plat in Plat Book 5, Page 53, Official Records of Pinellas County, Florida, and certain real property dedicated as public right-of-way by City of Clearwater Resolution 79-50, as recorded in Official Records Book 4867, Page 1478, Pinellas County, Florida; pass Ordinance 9129-18 on first reading and authorize the appropriate officials to execute same. (VAC 2018-04) 5.2 Approve the request from property owner Drs. Kiran Patel and Pallavi Family Foundation Inc. to vacate a portion of Public Right-of-Way of Damascus Road abutting the owner’s property and an Ingress and Egress Easement located on the owner’s property, pass Ordinance 9130-18 on first reading (VAC2018-03) and authorize the appropriate officials to execute same. 5.3 Declare surplus certain real property formerly used as City right-of-way located in Section 16, Township 29 South, Range 16 East for the purpose of sale to the abutting property owner and authorize the appropriate officials to execute same. (APH) 5.4 Approve a Contract for Sale of Real Property in the amount of $137,000 between the City of Clearwater and Drs. Kiran and Pallavi Patel Family Foundation, Inc. for city-owned property formerly used as a portion of Damascus Road and authorize the appropriate officials to execute same, together with all other instruments necessary to affect closing. 5.5 Provide direction on Harbor Oaks brick crosswalks. (WSO)5.6 6. Solid Waste Approve an annual blanket purchase order (contract) to Toter Incorporated of Statesville, NC for residential container purchases in accordance with City Code of Ordinances, Section 2.564, Exceptions to bid and quotation procedure (d) authorizing use of contracts previously awarded by other governmental entities, in the annual amount of $175,000 with four one-year renewal terms at the City’s option, as required by the Solid Waste Department, and authorize the appropriate officials to execute same. (consent) 6.1 7. Police Department Page 3 City of Clearwater Printed on 4/30/2018 April 30, 2018Council Work Session Work Session Agenda Provide direction regarding the hire of additional school resource officers in order to comply with the Marjory Stoneman Douglas High School Public Safety Act. 7.1 8. Official Records and Legislative Services Appoint one member to the Public Art and Design Board with a term to expire April 30, 2022. 8.1 Appoint one member to the Community Development Board as the alternate member with a term to expire April 30, 2022. 8.2 Review City Council Policies (WSO)8.3 9. Legal Continue to May 17, 2018: Adopt Ordinance 9129-18 on second reading, vacating public right-of-way described as that certain portion of Haven Street right-of-way of Court Square, 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, among other things, 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. 9.1 Adopt Ordinance 9134-18 on second reading, annexing certain real properties whose post office addresses are 1500 Country Lane West and 1505 Country Lane East, all in Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. 9.2 Adopt Ordinance 9135-18 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 1500 Country Lane West and 1505 Country Lane East, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). 9.3 Adopt Ordinance 9136-18 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1500 Country Lane West and 1505 Country Lane East, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9.4 Page 4 City of Clearwater Printed on 4/30/2018 April 30, 2018Council Work Session Work Session Agenda Adopt Ordinance 9137-18 on second reading, annexing certain real property whose post office address is 1756 El Trinidad Drive East, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. 9.5 Adopt Ordinance 9138-18 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1756 El Trinidad Drive East, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). 9.6 Adopt Ordinance 9139-18 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1756 El Trinidad Drive East, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9.7 Adopt Ordinance 9140-18 on second reading, annexing certain real properties whose post office addresses are 3018 Glen Oak Avenue North and 3047 Hoyt Avenue, all in Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. 9.8 Adopt Ordinance 9141-18 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 3018 Glen Oak Avenue North and 3047 Hoyt Avenue, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). 9.9 Adopt Ordinance 9142-18 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 3018 Glen Oak Avenue North and 3047 Hoyt Avenue, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9.10 10. City Manager Verbal Reports 11. City Attorney Verbal Reports 12. Council Discussion Item Advantage Group Letter submitted by Bud Elias.12.1 13. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). Page 5 City of Clearwater Printed on 4/30/2018 April 30, 2018Council Work Session Work Session Agenda 14. Closing Comments by Mayor 15. Adjourn 16. Presentation(s) for Council Meeting International AIDS Candlelight Memorial Day - Ellen Bauer, AIDS Partnership, Inc. - Ms. Ellen Bauer, AIDS Partnership, Inc. 16.1 Cinco de May Day Proclamation - Juan Sabines Guerrero, Mexican Consul of the Mexican Consulate in Orlando 16.2 Drinking Water Week Proclamation - David Porter, Director of Public Utilities 16.3 Homeownership Month Proclamation - Terry Malcolm-Smith, Economic Development and Housing Department 16.4 Relay for Life Weekend Proclamation - Nichole Tenderholt, Relay for Life Event Coordinator 16.5 Water Reuse Week Proclamation - David Porter, Director of Public Utilities 16.6 Page 6 City of Clearwater Printed on 4/30/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4525 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Award a contract/purchase order in the amount of $500,000 to General Utilities Pipe Supply for the purchase of Steel Pipe and Fittings for the period May 1, 2018 through April 30, 2019; award a contract/purchase order in the amount of $750,000 to General Utilities Pipe Supply for the purchase of Polyethylene Pipe and Fittings for the period May 1, 2018 through April 30, 2019, including two one-year renewal terms for each and authorize the appropriate officials to execute same. (consent) SUMMARY: General Utilities is the lowest responsive and responsible bidder, who met the specifications for Bid 19-18 for both Steel and Polyethylene Pipe/fittings. The equipment purchased will be used for gas distribution mains, service lines and repair/maintenance work. Material is code approved and the pipe and fittings will be used on the Clearwater Gas System Distribution System. APPROPRIATION CODE AND AMOUNT: Funding is budgeted and available in Pinellas New Mains and Services 315-96377 and Pasco New Mains and Services 315-96378 in the Clearwater Gas System Budget. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 4/30/2018 CITY OF CLEARWATERITB # 19-18, Polyethylene Pipe/Fittings & Steel Pipe/FittingsDUE DATE: April 4, 2018; 10:00 AMBID TABULATION- Exhibit B- Steel Pipe & FittingsGROUP DESCRIPTION Consolidated Pipe & Supply General Utility Pipe & Supply1 EPOXY COATED STEEL PIPE (Per Foot) 39,639.20$ 26,545.20$ 2 FLANGES 12,064.20$ 10,715.90$ 3 ELBOWS1,834.60$ 1,647.05$ 4 TEES753.40$ 639.90$ 5 CAPS262.76$ 255.53$ 6 REDUCING ELLS -$ 35.84$ 7 REDUCING COUPLINGS 1,134.76$ 1,099.70$ 8 COUPLINGS - CLAMPS - SERVICE SADDLES 17,109.35$ 13,977.50$ 9VEGAS: STAINLESS STEEL REPAIR CLAMP WITH NEOPRENE SEALING GASKET17,480.15$ 18,895.00$ 10SERVICE SADDLES: DOUBLE STEEL STRAP WITH ROLLED THREAD DESIGN, 866.85$ 4,110.00$ 11WIRE (Per Foot)53,100.00$ 56,700.00$ 12CONTINENTAL ADAPTERS, PUNCH TEES AND WRAP AROUNDS90,804.00$ 65,485.50$ 13 DRESSER STYLE COUPLINGS, STYLE 711 48,795.75$ 58,725.00$ 14 IN-LINE INSULATORS 1,303.53$ 1,308.00$ 15 NEOPRENE FACED PHENOLIC GASKET 29,432.20$ 7,175.00$ 16 ELIMINATORS 10,232.30$ 7,747.50$ 17 PIGS: FOAM PIPELINE CLEANERS 2,734.00$ 2,900.00$ 18 T D WILLIAMSON -$ 166,321.00$ 19 MISCELLANEOUS PARTS 50,610.35$ 50,782.50$ EXHIBIT B GRAND TOTAL BID PRICE327,547.05$ 495,066.12$ NOTE: Items with a star ( ) indicates intent to award. CITY OF CLEARWATERITB # 19-18, Polyethylene Pipe/Fittings & Steel Pipe/FittingsDUE DATE: April 4, 2018; 10:00 AMBID TABULATION- Exhibit A- Polyethylene Pipe & FittingsGROUP DESCRIPTION Consolidated Pipe & Supply General Utility Pipe & Supply1 PIPE - 2406 RESIN 362,340.00$ 328,110.00$ 2 PIPE - 3408 RESIN 231,900.00$ 178,400.00$ 3 FITTINGS - 2406 RESIN 17,759.80$ 18,265.50$ 4 FITTINGS - 3408 Resin 5,887.20$ 6,394.90$ 5 TAPPING TEES 3,990.00$ 3,150.00$ 6 TRANSITIONS 25,075.00$ 14,183.20$ 7 POLYVALVES - 2406 RESIN 19,636.75$ 18,720.00$ 8 POLYVALVES - 3408 RESIN 17,341.05$ 14,690.00$ 9 RISERS 44,845.00$ 20,589.00$ 10 STAB FITTINGS - RESIN 2406 -$ -$ 11 STAB FITTINGS - RESIN 3408 66,144.00$ 50,916.00$ 12 ELECTROFUSION TAPPING TEES - RESIN 2406 24,551.30$ 18,526.80$ 13 ELECTROFUSION TAPPING TEES - RESIN 3408 22,812.10$ 14,725.00$ 14 ELECTROFUSION BRANCH SADDLE - RESIN 2406 1,581.50$ 1,154.80$ 15 ELECTROFUSION COUPLINGS - RESIN 2406 3,316.28$ 3,125.00$ 16 ELECTROFUSION BRANCH SADDLE - RESIN 3408 1,750.80$ 1,149.50$ 17 ELECTROFUSION COUPLINGS - RESIN 3408 3,023.06$ 2,560.00$ 18 MISCELLANEOUS MATERIAL 22,727.40$ 45,285.00$ EXHIBIT A GRAND TOTAL BID PRICE 874,681.24$ 739,944.70$ NOTE: Items with a star ( ) indicates intent to award. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4503 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Approve an amendment to the service contract between the City of Clearwater and Cigna On-Site to operate the Employee Health Center and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater and Cigna On-Site entered into a contract to operate the Employee Health Center in November of 2015. The staffing at that time included a position for a registered nurse. A decision was made to convert that position to a Health Coach. An amendment has been prepared changing the health center staffing to eliminate the registered nurse and include the health coach position. APPROPRIATION CODE AND AMOUNT: There is no additional budget impact for this position. Page 1 City of Clearwater Printed on 4/30/2018 [A04-09900 /174996/1] 1 of 30 PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between City of Clearwater with offices located at 100 South Myrtle Avenue, Clearwater, Florida 33756 (“Client), and Cigna Onsite Health, LLC, with offices located at 25500 North Norterra Drive, Phoenix, Arizona 85085 (“Cigna”) and is made effective as of October 1, 2015. Client and Cigna are sometimes referred to herein individually as a “Party" and collectively as the “Parties.” WHEREAS, Client wishes to offer one onsite health clinic for the benefit of Client’s employees and their dependents; and WHEREAS, Cigna is engaged in the business of offering onsite health clinics to employers, to provide certain low acuity, urgent and episodic health care and ancillary services, for the benefit of employees and their dependents; and NOW THEREFORE, in consideration of the mutual promises herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. SERVICES 1.1. Commencing on November 2, 2015, and continuing throughout the term of this Agreement, Cigna shall provide Client with a Cigna Onsite Health clinic (“Clinic”) providing: a. primary care; b. low acuity, urgent and episodic care; and c. ancillary services; for the benefit of Client’s eligible employees and their dependents (“Participants”) as more specifically described in Schedule A, “Scope of Services” attached to this Agreement (“Services”). Such clinical Services shall be provided by medical professionals licensed in the State of Florida for the benefit of Participants entitled to Services at the Clinic, in accordance with the Agreement and Schedule A, “Scope of Services”. 1.2. Client shall provide or arrange for the provision of adequate facilities owned or leased by Client to house the Clinic and for any necessary renovation or remodeling of such facilities in order to accommodate the Clinic in accordance with Schedule A, “Scope of Services”. 1.2.3. Client acknowledges that Cigna is separately entering into a contract with the City of Dunedin for the provision of similar services to the City of Dunedin’s eligible participants at the Clinic. Client agrees to allow the eligible participants of the City of Dunedin to have the same access to the Clinic as the access available to Client’s Participants. The City of Dunedin has agreed to pay seventeen percent (17%) of the total fees, costs and charges under this Agreement. Cigna will bill Client for the total fees, costs and charges due under this Agreement to Client. Client agrees to be solely responsible for paying [A04-09900 /174996/1] 2 of 30 100% of the total fees, cost and charges to Cigna, and will be responsible for collecting the City of Dunedin’s 17% share directly from the City of Dunedin. Client agrees that if the City of Dunedin’s Professional Services Agreement with Cigna terminates or if the City of Dunedin fails to pay Client its 17% share, Client will remain liable to Cigna for 100% of the total fees, costs and charges due under this Agreement. This provision does not apply to carve out charges that will be billed separately to Client and the City of Dunedin for flu, radiology and laboratory services. 2. FEES AND OPERATING EXPENSES 2.1. Client shall reimburse Cigna for fees and operating expenses for Services provided under this Agreement and the Schedule A, “Scope of Services”, in accordance with Schedule B, “Fees,” attached to this Agreement. 3. TERM 3.1. The initial term of this Agreement (“Initial Term”) shall commence on the Effective Date and continue for a period of thirty-six (36) months unless earlier terminated in accordance with Section 6. below. After the Initial Term, the Agreement may be renewed for subsequent twelve (12) month terms (each a “Renewal Term”) upon mutual agreement in writing between the Parties. 4. NOTICES 4.1. All notices, demands, and other communications under the Agreement and all amendments thereto shall be in writing to the appropriate address set forth below and shall be deemed received on the date confirmed on: (1) the return receipt for certified mail sent return receipt requested, via the USPS; or (2) the receipt for notices sent by a reliable overnight courier: a. If to Cigna: Jeffrey Perry, PhD Chief Operating Officer, Vice President Cigna Onsite Health, LLC Building B, Routing 647 25500 North Norterra Drive Phoenix, Arizona 85085 (623) 277-2322 and Karen R. Palmersheim, Esq. Cigna Legal 400 North Brand Blvd. Routing 383 Glendale, CA 91203 (818) 500-6497 b. If to Client: Joseph P. Roseto, SPHR City of Clearwater Human Resources Director 100 South Myrtle Avenue Clearwater, Florida 33756-5320 [A04-09900 /174996/1] 3 of 30 4.2. Either Party may change the address for notification purposes upon prior and reasonable written notice thereof to the other. 4.3. Invoices shall be sent to Client at the address provided above. 4.4. Payments to Cigna shall be sent to (or to such other individual as may be identified by Cigna in accordance with this Section 4.4): Deborah Coolidge Cigna Onsite Health, LLC Building B, Routing 647 85500 North Norterra Drive Phoenix, Arizona 85085 5. PERFORMANCE OF SERVICES: 5.1. Cigna agrees to perform Services in a good, professional, and workmanlike manner, using that degree of skill and care as would a prudent supplier performing similar services under similar circumstances and in compliance with all applicable laws and regulations. 5.2. Upon written notice from Client specifying, in Client’s good faith belief, the reasons that any Cigna employee providing Services under this Agreement should be removed from performance of such Services, including the facts necessary to validate such removal, Cigna shall have a reasonable amount of time, not to exceed ten (10) calendar days, to investigate the matter. Upon request of Client, and after initial inquiry by Cigna, if Cigna determines that there is sufficient business rationale, Cigna shall remove the employee from performing Services during such investigation. If Cigna deems it appropriate in its discretion that such employee should be removed from providing Services hereunder for non-discriminatory and otherwise legal reasons, Cigna shall immediately remove such employee from providing Services under this Agreement and shall as soon as practicable arrange for the provision of a substitue employee or other independent contractor. 5.3. In addition, if Client asserts that such Clinic Staff person has engaged in misconduct as defined by Client, Client agrees, where necessary, to cooperate with in conducting any investigation or inquiry, and to provide documentation and testimonial support in event of litigation concerning such misconduct. 5.4. Client acknowledges and agrees that the policies and procedures of Cigna as to pre- employment testing, criminal background checks, Social Security Number and I-9 verification, performance management, disciplinary action and termination shall govern, including any confidentiality requirements contained therein. 6. TERMINATION 6.1. This Agreement may be terminated as follows: 6.1.1. In the case of material breach of this Agreement, either Party may terminate this Agreement at any time for cause upon sixty (60) days written notice to the other Party specifying the manner in which that Party has materially breached its obligations. [A04-09900 /174996/1] 4 of 30 The Agreement shall terminate automatically at the expiration of such sixty (60) day period if that Party has not cured its breach within such period and demonstrated such cure to the satisfaction of the non-breaching Party. 6.1.2. Either Party may immediately terminate this Agreement at any time during and after the initial term upon insolvency or bankruptcy of the other Party. 6.1.3. During the Initial Term and any Renewal Term, either Party may terminate services under this Agreement without cause, upon one hundred twenty (120) days’ prior written notice to the other Party; provided, that, in the event Client terminates this Agreement pursuant to this Section 6.1.3. Client shall pay to Cigna a “Termination Fee” in an amount equal to fifty thousand dollars ($50,000) which reflects the severance obligation owed by Cigna to the Clinic Staff pursuant to the employment agreements of such Clinic Staff and/or Cigna policy. Client shall pay Cigna the Termination Fee within thirty (30) days of receipt of an invoice from Cigna setting forth such Termination Fee. 6.1.4. In the event of destruction of the Clinic by natural disaster, either Party by proper notice issued in accordance with this Agreement may terminate this Agreement in lieu of rebuilding the Clinic. 6.1.5. In the event that Client terminates this Agreement as set forth above, Client shall be responsible in accordance with Schedule B for any unpaid balance for Implementation Costs, as well as any Operational Expenses incurred prior to the date of termination. In the event that this Agreement terminates as set forth above, Cigna shall, at Client’s request, reimburse Client for the on-hand inventory of medicine or other equipment and supplies taken by Cigna at that time, other than Cigna-owned equipment identified in 13.2.3. 6.2. If this Agreement is terminated for any reason set forth in this Section 6, Client acknowledges and agrees that: 6.2.1. All communication to Clinic Staff related to such termination (“Staff Communication”), including but not limited to (i) the date of termination of the Agreement and/or the related date of the closing of the Clinic or transfer of Clinic operations to a third party vendor, and (ii) Clinic Staff employment status notification, severance, and compensation shall come solely from Cigna as the employer or contractor of Clinic Staff, and Client shall not make or cause to be made any Staff Communication without the prior written consent of Cigna; 6.2.2. Tours of the Clinic facilities by potential third party vendors to assume Clinic operations on behalf of Client (i) shall be conducted at times as mutually agreed upon in writing by the Parties; (ii) shall be conducted in such a fashion as to protect the confidentiality of patient information within the Clinic; and (iii) shall not interfere with the provision of Clinical Services to Participants. 6.2.3. Client and Cigna agree (i) to act in good faith and cooperation to ensure a smooth transition, and (ii) to mutually participate in final walk-through of the Clinic and sign an acknowledgement agreeing to the condition of the facility and an inventory of its contents and equipment. 6.2.4. Client and Cigna agree (i) that by sharing the Clinic and performance of services with a second client or party, including the Electronic Health Record (EHR) platform [A04-09900 /174996/1] 5 of 30 containing protected health information (PHI) and medical records from participants of both parties, and terminating the contract according to the terms outlined in this section, Cigna agrees to extend the HIPAA security and privacy rules to the terminating party’s PHI that remains in the Cigna EHR or maintained on the Cigna network for as long as the Professional Services Agreement of the remaining party is in force, including any renewal agreements; and (ii) the Client agrees that Client’s Participants’ PHI and medical records will not be destroyed or returned to the Client upon the termination of the Professional Services Agreement according to this section as long as the second party sharing the Clinic and performance of services has a valid and executable contract with Cigna. Cigna will maintain existing medical records and participant PHI according to federal and state law while either Professional Services Agreement remains in force and upon termination of the Agreement. 7. OWNERSHIP OF MATERIALS 7.1. Client acknowledges that in providing the services hereunder, Cigna may utilize proprietary materials, reports, models, software, documentation, know-how and processes owned by Cigna that were or are not created specifically by Cigna for Client (“Cigna Materials”). Client acknowledges that ownership of and title to such Cigna Materials remains with Cigna and is not transferred to Client. 8. CONFIDENTIAL INFORMATION 8.1. In the course of this Agreement one Party (“Receiving Party”) may receive from the other Party (“Disclosing Party”) data, information, documents, and other material belonging to, prepared by or for, or concerning the Disclosing Party (“Confidential Information”). For purposes of this Agreement "Confidential Information" shall mean any and all technical and business information that the Disclosing Party discloses or reveals to the Receiving Party, including but not limited to services, plans, products, policies, financial information; operational information, trade secrets, health care delivery processes and methods, and technical information including computer software programs, and shall include all summaries, extracts, copies, compilations, analyses, interpretations, presentations, and other materials derived therefrom. 8.2. The term "Confidential Information" shall not include information which (i) at the time of disclosure to the Receiving Party was publicly available or thereafter becomes publicly available through no fault of the Receiving Party; (ii) is disclosed by the Disclosing Party to a third party without a nondisclosure obligation; (iii) is already rightfully in the Receiving Party’s possession or is rightfully received by the Receiving Party without a nondisclosure obligation; (iv) is independently developed by the Receiving Party as evidenced by independent documentation; or (v) is a public record pursuant to Chapter 119, Florida Statutes. 8.3. If at any time the Receiving Party is requested or required as a result of a judicial or regulatory proceeding to disclose any Confidential Information, the Receiving Party agrees to provide the Disclosing Party with prompt notice thereof so that the Disclosing Party may seek an appropriate protective order. If the Receiving Party is required by law to disclose Confidential Information or else stand liable for contempt or suffer other censure, sanction or penalty, the Receiving Party may disclose such information to the extent required without liability hereunder. [A04-09900 /174996/1] 6 of 30 8.4. The Receiving Party agrees that until such time as any such Confidential Information becomes a part of the public domain without breach of this Agreement by the Receiving Party or any agent or employee of the Receiving Party, and in any event for at least five (5) years after termination of this Agreement, the Receiving Party shall: 8.4.1. treat and obligate the Receiving Party's employees, agents and representative to treat as secret and confidential, all such Information whether or not it be identified by the Disclosing Party as confidential; 8.4.2. not disclose any such Confidential Information to any person, firm, or corporation or use it in any manner whatsoever without first obtaining the Disclosing Party's written approval; 8.4.3. reveal the Confidential Information only to those employees, agents and representatives of the Receiving Party who require access to such Confidential Information in order to perform the Receiving Party’s obligations under this Agreement; and 8.4.4. not employ the Confidential Information to Receiving Party's advantage, other than as herein provided. 8.5. Neither Party shall disclose to the other any proprietary information obtained on a confidential basis from any third party unless (1) the Party receiving such information shall have first received written permission from such third party to disclose such information or; (2) such information is in the public domain at the time of disclosure; 8.6. Neither Party shall attempt to access information not necessary for its performance hereunder. 8.7 Notwithstanding the foregoing, the Parties recognize that Florida has a very broad public records law, and Cigna agrees pursuant to Chapter 119, Florida Statutes, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Client in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that Client would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Client all public records in possession of Cigna upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Client in a format that is compatible with the information technology systems of Client. (e) Cigna agrees to this provision 8.7 only on the understanding that this provision does not apply to patient records and other information that Cigna may possess that is subject to confidentiality pursuant to state and federal law, including but not limited to under the [A04-09900 /174996/1] 7 of 30 privacy and security regulations issued under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), as set forth in 45 C.F.R. Parts 160 and 164, and as amended by the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), Public Law 111-5 (collectively, the “HIPAA Privacy and Security Rules”), to Cigna's contracts with health care providers, vendors, consultants, contractors and employees, or to Cigna's other proprietary, confidential or trade secret records that are not considered public records by Cigna. 9. NON-SOLICITATION 9.1. During the term of this Agreement, and for a period of one (1) year after termination of this Agreement for any reason, Client shall not directly or indirectly, alone or in concert with others, solicit or entice any employee or independent contractor then engaged to provide the Services hereunder, to leave the employment or engagement of Cigna in order for Client or a vendor or agent engaged by Client to provide substantially similar services as those provided in this Agreement. 10. LIMITATION OF LIABILITY 10.1. EXCEPT TO THE EXTENT THAT LIABILITY ARISES FROM INSTANCES OF EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT (WHETHER IN AN ACTION IN NEGLIGENCE, CONTRACT OR TORT OR BASED ON A WARRANTY OR OTHERWISE) FOR LOSS OF PROFITS, REVENUE, OR LOSS OR INACCURACY OF DATA, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCURRED BY THE OTHER PARTY OR ANY THIRD PARTY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THIS PROVISION SHALL NOT BE CONSTRUED AS A WAIVER OF ANY IMMUNITY TO WHICH CLIENT IS ENTITLED OR THE EXTENT OF ANY LIMITATION OF LIABILITY PURSUANT TO § 768.28, FLORIDA STATUTES. FURTHERMORE, THIS PROVISION IS NOT INTENDED TO NOR SHALL BE INTERPRETED AS LIMITING OR IN ANY WAY AFFECTING ANY DEFENSE CLIENT MAY HAVE UNDER § 768.28, FLORIDA STATUTES OR AS CONSENT TO BE SUED BY THIRD PARTIES. 11. INDEPENDENT CONTRACTORS 11.1. The Parties are independent contractors, and no Party is or shall represent itself as having, and nothing in this Agreement shall be construed as creating between the Parties, a relationship between the Parties as employer-employee, partners, principal- agent, joint venturers, or any relationship other than that of independent Parties. 12. COMPLIANCE WITH LAWS AND REGULATIONS 12.1. Each Party shall comply with all applicable federal, state and municipal laws and regulations related to their obligations under this Agreement. 12.2. Cigna shall secure any government or similar licenses and/or permits required for the proper performance of the services. [A04-09900 /174996/1] 8 of 30 12.3. All Cigna employees performing Services hereunder shall work under Cigna’s supervision. Client shall neither have nor exercise control or direction over the means and methods by which Cigna shall perform services. Cigna agrees that Cigna and its employees, representatives and other agents are not entitled to any Client employee benefits and that they are not eligible to participate in Client employee benefit programs. Cigna hereby indemnifies and agrees to defend and hold harmless Client from and against all claims that Cigna’s employees are employees of Client for any purpose whatsoever, including, without limitation, the withholding or payment of any federal, state, or local income or employment taxes. 13. INSURANCE 13.1.Cigna will maintain at its own cost, all necessary insurance (which shall include as a minimum, the requirements set forth below), for damages caused or contributed to, by Cigna and insuring Cigna against third party claims arising out of or resulting from activities or services performed by Cigna during the Term of this Agreement. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. Specifically Cigna 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 two (2) year tail following the termination or expiration of this Agreement: 13.1.1. Statutory worker’s compensation in accordance with the laws of the State of Florida. Coverage must be applicable to all employees. 13.1.2. 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. 13.1.3. Commercial General Liability insurance insuring against claims for bodily injury, property damage, completed operations and contractual liability with a limit of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the annual aggregate. 13.1.4. Automobile liability insurance covering all vehicles owned, non-owned, hired and leased only when utilized in the performance of Services under this Agreement of not less than One Million Dollars ($1,000,000.00) per occurrence. 13.1.5. Managed Care Errors and Omissions insurance in an amount of not less than One Million Dollars ($1,000,000) per claim. 13.1.6. Medical Professional Liability insurance in the amount of One Million Dollars ($1,000,000) per occurrence, Three Million Dollars ($3,000,000) in the aggregate. [A04-09900 /174996/1] 9 of 30 13.1.7 Cyber Liability insurance coverage in an amount adequate to meet or exceed the notification and monitoring requirements under Florida Statute § 501.171 for the contracted services but at a limit not less than Two Million Dollars ($2,000,000) each claim. 13.1.8 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, Cigna will furnish Client with a Certificate(s) of Insurance (using appropriate ACORD certificate, signed by the issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City of Clearwater as a blanket additional insured under the Commercial General Liability and Automobile Liability policies. 13.2. Client agrees and acknowledges that: 13.2.1. Client is the owner or lessee of the Clinic facility; 13.2.2. Except as otherwise noted in this Section 13.2.3., Client is owner of all furniture, medical and administrative supplies, medical equipment and other contents of the Clinic (“Clinic Contents”) that Cigna or its Affiliate has purchased or may during the Initial or any Renewal Term of this Agreement purchase on behalf of Client, the cost of which is the responsibility of Client. 13.2.3. Cigna has purchased and shall be the owner of the following equipment (“Cigna Equipment”), and Cigna shall be entitled to retain ownership and possession of all such Cigna Equipment after expiration or termination of this Agreement for whatever reason: a) Computer CPUs b) Monitors c) Keyboards d) Computer Mice e) Laptops f) VPN Token Keys g) Air Cards h) Scanners i) Multi-Functional Printers j) Access Boxes (Label Printer/Network Connectors) k) Routers 13.3. During the term of this Agreement, Client will maintain at its own cost, all necessary insurance (which shall include as a minimum, the requirements set forth below), for damages caused or contributed to, by Client and insuring Client against third party claims arising out of or resulting from activities or services performed by Client during the Term of this Agreement: 13.3.1. Statutory worker’s compensation in accordance with applicable laws. [A04-09900 /174996/1] 10 of 30 13.3.2. Commercial General Liability, insurance insuring against claims for bodily injury, property damage, completed operations and contractual liability with a limit of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the annual aggregate. 13.3.3. Client shall maintain property insurance coverage for the clinic contents that are owned by the Client, or that are in the Client’s care, custody and control. The Client may also maintain other insurance it deems necessary relating to the operations of the clinic. 14. RESTRICTED USE OF PROGRAM MATERIALS 14.1. All Cigna program materials, including handouts, presentations, and workbooks (collectively, “Cigna Program Materials”), are the sole and exclusive property of Cigna. Any Cigna Program Materials distributed to program Participants may be used solely for the purpose of participating in the applicable Cigna program. Client shall not alter, republish, redistribute, record or rebroadcast Cigna Program Materials, including posting on the internet, without Cigna's prior written consent. 15. USE OF NAME AND TRADEMARKS; PUBLICITY 15.1. Client’s trademarks, service marks and trade names are the property of Client, and Cigna agrees that it shall not use (directly or indirectly) or register any of Client’s trademarks, service marks or trade names in connection with any products, services, promotions or publications without Client’s prior written approval. Cigna shall not remove or alter any trademark, service mark, trade name, copyright or other proprietary notices, legends, symbols or labels appearing on or in materials delivered to Cigna by Client without Client’s written approval. Cigna’s trademarks, service marks and trade names are the property of Cigna, and Client agrees that it shall not use (directly or indirectly) or register any of Cigna’s trademarks, service marks or trade names in connection with any products, services, promotions or publications without Cigna’s prior written approval. Client shall not remove or alter any trademark, service mark, trade name, copyright or other proprietary notices, legends, symbols or labels appearing on or in materials delivered to Client by Cigna without Cigna’s written approval. 15.2. Cigna shall not in the course of performance of this Agreement or thereafter use or permit the use of Client’s or any Affiliate’s name(s) in any advertising or promotional materials prepared by or on behalf of Cigna without the prior written consent of Client. Client shall not in the course of performance of this Agreement or thereafter use or permit the use of Cigna’s or any Affiliate’s name(s) in any advertising or promotional materials prepared by or on behalf of Client without the prior written consent of Cigna. Any public announcement regarding the Parties’ relationship and the nature of this Agreement shall be coordinated between the Parties and shall be in a form agreed upon by the Parties. 16. DISPUTE RESOLUTION 16.1. Negotiation. The Parties will attempt in good faith to resolve any controversy, dispute, claim or question arising out of or in relation to this Agreement (hereinafter, collectively “Controversy”) promptly by negotiation, provided that nothing herein shall be construed to limit, modify or negate the rights and remedies expressly provided to the Parties [A04-09900 /174996/1] 11 of 30 elsewhere in this Agreement (including the right to terminate this Agreement for cause or convenience). Resolution of whether any such actions are justified or permitted under this Agreement and the determination of any related damages, however, remain subject to this dispute resolution process. 16.2. Notice. The disputing Party shall give the other Party written notice of the Controversy (“Controversy Notice”). Within twenty (20) days after receipt of the Controversy Notice, the receiving Party shall submit to the other a written response. The Parties will meet within thirty (30) days of the date of the Controversy Notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the Controversy. 16.3. Mediation. If the Controversy has not been resolved by negotiation within forty-five (45) days of the date of the Controversy Notice, or if the receiving Party fails to meet with the disputing Party within thirty (30) days of the date of the Controversy Notice, either Party may, upon written notice by one Party to the other, initiate mediation of the Controversy in accordance with the Commercial Mediation Rules of the American Arbitration Association, to the extent that such provisions are not inconsistent with the provisions of this section. 16.4. Binding Arbitration. If the Controversy has not been resolved by mediation within thirty (30) days of the appointment of the mediator, or if a mediator is not appointed within thirty (30) days of the notice of mediation, upon written notice, either Party may elect to submit the Controversy to binding arbitration conducted in Tampa, Florida or elsewhere as agreed to by the Parties. The Parties agree and acknowledge that they are expressly waiving their rights to have any Controversy decided in a court of law and/or equity before a judge or jury, and instead are accepting the use of binding arbitration. Such arbitration shall be governed by the provisions of the Commercial Arbitration Rules of the American Arbitration Association, to the extent that such provisions are not inconsistent with the provisions of this section. 16.5. Available Remedies. The arbitrator(s) may grant any remedy or relief deemed just and equitable with the exception of punitive or exemplary damages. The decision of the arbitrator, or a majority of the arbitration panel, shall be final and binding upon the Parties with no right to appeal. Judgment may be entered upon the award of the arbitrator(s) in any court of competent jurisdiction. Each Party shall assume its own costs, but the compensation and expenses of the arbitrator(s) and any administrative fees or costs associated with the arbitration proceeding shall be borne equally by each Party. 16.6. Exclusive Remedy. This dispute resolution process shall be the sole and exclusive means for resolving any Controversy, provided, however, that either Party may seek a preliminary injunction, attachments or other provisional judicial relief if such action is necessary to avoid irreparable damage or to preserve the status quo. Either Party may also, at its sole discretion, choose to eliminate the stages of negotiation and/or mediation by written notice to the other Party. Despite such action, the Parties will continue to participate in good faith in this dispute resolution process. 16.7. Tolling. The initiation of this dispute resolution process shall toll the running of the statute of limitations for any cause of action arising from the Controversy. All time limitations contained in this section may be altered by mutual agreement of the Parties. [A04-09900 /174996/1] 12 of 30 17. ASSIGNMENT AND DELEGATION OF DUTIES 17.1. Neither Party may assign their duties, rights, or interests under this Agreement unless the other Party shall so approve by written consent, provided however, that Cigna may assign its duties, rights and interest under this Agreement in whole or in part to a subsidiary or Affiliate or may delegate any and all of its duties in the ordinary course of business to a subsidiary or Affiliate. 18. BINDING EFFECT 18.1. This Agreement shall inure to the benefit of and bind the respective successors and assigns of the Parties hereto. 19. WAIVER 19.1. No delay or failure by either Party to exercise any right, power or remedy it has hereunder shall operate as a waiver of such right, power or remedy. A waiver by any Party of any breach shall not be construed to be a waiver of any succeeding breach. 20. TAXES 20.1. Client will be responsible for any applicable sales, use, or other like taxes (hereinafter, “tax” or “taxes”) attributable to periods on or after the agreement date based upon or measured by Cigna’s fees for performing or furnishing the services. To the extent Cigna is required to collect such taxes under applicable law, Cigna will separately state the amount of tax due on its invoices to Client. 20.2. Client and Cigna will cooperate to segregate the fees payable under this Agreement into the following separate payment streams: (1) those for taxable services, (2) those for nontaxable services, (3) those for which a sales, use or similar tax has already been paid, and (4) those for which Cigna functions merely as a paying agent for Client in receiving goods, supplies or services (including leasing and licensing arrangements) that otherwise are nontaxable or have previously been subject to tax. In addition, Client and Cigna will cooperate with each other to accurately determine each Party’s tax liability and to minimize such liability to the extent legally permissible. Parties will provide and make available to the other any resale certificates, information regarding out-of-state sales or use of equipment, materials or services, and any other exemption certificates or information reasonably requested by the other Party. 21. DISASTER RECOVERY AND BUSINESS CONTINUATION PLAN 21.1. Cigna covenants that it has, or will establish, contingency plans and procedures designed to prevent, circumvent or cure the adverse effects of an interruption of the Services to be provided to Client hereunder. Client shall be responsible for reimbursing Cigna for the cost of implementing such contingency plans due to an interruption in Services caused by acts or omissions of any third party, or acts of God, fires, wars, accidents, labor disputes or shortages, and governmental laws, ordinances, rules or regulations, whether valid or invalid. 22. APPLICABLE LAWS [A04-09900 /174996/1] 13 of 30 22.1. This Agreement shall be deemed to be entered into and shall be interpreted and construed in accordance with the laws of the State of Florida without regard to any conflicts of law principles, as if this Agreement were executed in and fully performed within that State. 23. EXHIBITS 23.1. All exhibits and schedules referred to or attached to this Agreement and all appendices thereto are integral parts of this Agreement as if fully set forth herein. All capitalized terms used in such exhibits and schedules and all appendices thereto shall have the same definition as in this Agreement, unless otherwise indicated in the exhibit, schedule or appendix. 24. SURVIVING PROVISIONS 24.1. The terms of Sections 4, 7, 8, 9, 10, 15, 16, 20, 22, 24 and 26 shall survive and continue after expiration or termination of this Agreement shall remain in effect until fulfilled, and shall apply to any successors and assigns. 26. HEADINGS 26.1. The headings used herein are for reference only and shall not limit or control any term or provision of this Agreement or the interpretation or construction thereof. 27. THIRD-PARTY BENEFICIARIES 27.1. Each Party intends that this Agreement shall not confer any rights or remedies upon any entity other than the Parties and their authorized assignees. 28. ENTIRE AGREEMENT AND SEVERABILITY 28.1. This Agreement, including its Exhibits and Task Orders issued hereunder, constitutes the entire contract between the Parties hereto with respect to its subject matter and supersedes all other communications and understandings, whether written or oral, relating to such subject matter. No change, amendment, or modification of this Agreement shall be binding unless in writing and executed by the Parties hereto. 28.2. Notwithstanding the foregoing, the Parties agree that this Agreement may be amended through use of a “Change Request Form,” a written statement signed by Client and Cigna authorizing a Change, substantially in the form of Exhibit 1 – Change Request Form, attached hereto. As used herein, "Change” means any and all changes to any the Agreement, or to any Schedule, Appendix, Amendment or Addendum to this Agreement that would materially alter the provision of the Services or the performance and completion thereof, and/or the Client’s responsibility for payment and/or reimbursement of any fees or expenses under this Agreement. All properly executed Change Request Forms shall be incorporated into and become part of the Agreement. 28.3. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then the remaining provisions of this Agreement, if capable of substantial performance, shall continue in effect. 29. INCORPORATION OF ATTACHMENTS [A04-09900 /174996/1] 14 of 30 29.1. All attachments attached hereto including all Schedules, Appendices and Exhibits are incorporated herein by reference. 30. COUNTERPARTS AND CONSTRUCTION 31.1. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together constitute one and the same instrument. [Signature Page Immediately Follows] [A04-09900 /174996/1] 15 of 30 IN WITNESS THEREOF, the Parties hereto have caused this Agreement to be executed in duplicate and signed by their respective officers duly authorized to do so, on the dates indicated below. CITY OF CLEARWATER CIGNA ONSITE HEALTH, LLC By: _________________________________ By: ___________________________________ Name: _________________________________ Name: Jeffrey T. Perry, PhD_________________ Title: _________________________________ Title: Chief Operating Officer, Vice President Date: Date: 11/5/2015 [A04-09900 /174996/1] 16 of 30 EXHIBIT 1 CHANGE REQUEST FORM Reference is made in the Professional Services Agreement by and between City of Clearwater (“Client”) and Cigna Onsite Health, LLC (“Cigna”), effective October 1, 2015 (the “Agreement”). This Change Request Form is referred to in Section 28 of said Agreement and shall be governed by said Agreement. All capitalized terms herein shall have the same meaning as ascribed to them in the Agreement, as amended, unless otherwise defined herein. Client Information: Date of Change Request: Account Number: Client Name: Client Location: Client Contact: Client Phone: Cigna Onsite Health, LLC /Contact Information: Contact / Title: Phone: Type of Change: New Requirement Change Request Additional Service Other, please specify: Change Description (attach supporting information if necessary): Target Effective Date of Change: Fee Estimate: Payment Method: Additional Comments: Approved and Accepted: CLIENT Cigna Onsite Health, LLC Signed: Signed: Name: Name: Title: Title: Date: Date: [A04-09900 /174996/1] 17 of 30 SCHEDULE A SCOPE OF SERVICES Reference is made to the Professional Services Agreement by and between City of Clearwater and Cigna Onsite Health, LLC, effective October 1, 2015. Capitalized terms in this Schedule A shall be as defined in the Agreement, unless otherwise indicated. 1. CLINIC LOCATIONS, COMMENCEMENT DATE, AND DAYS/HOURS OF OPERATION Cigna shall be responsible for providing Clinic Services at the following Clinic locations, commencing on the date listed below (“Clinic Commencement Date”) and continuing throughout the term of the Agreement, during the Days and Hours listed below. Clinic Location Clinic Commencement Date Days and Hours of Operation Powell Professional Center 401 Corbett Street, Ste. 240 Clearwater, FL 33756 November 2, 2015 Monday – Friday 7:00 a.m. – 5:00 p.m. Days and Hours of Operation may be changed from time to time, as mutually agreed upon in writing between the Parties. For purposes of these changes, written electronic communication shall be acceptable. For each Clinic identified above, Client shall provide to Cigna for Cigna’s use in connection with the Services, and at no charge to Cigna, Clinic space (the “Building” or “Buildings”), consisting of adequate square footage as agreed to by the Parties, in compliance with all applicable state and local laws and regulations (including but not limited to municipal fire and building codes). The Clinic will be closed on inclement weather days as determined by the Client and in accordance with the following Holiday schedule: New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Day after Thanksgiving, and Christmas Day. 2. ELIGIBLE PARTICIPANTS SERVED a. Cigna shall provide Services to the following Participants eligible to receive Services: i. Client’s full-time and part-time employees covered under the Client’s benefit plan; ii. Dependent spouses and children of Client employees age two (2) years and older covered under the Client’s benefit plan; iii. Client’s retired employees covered under the Client’s benefit plan; [A04-09900 /174996/1] 18 of 30 iv. Elected officials covered under the Client’s benefit plan; and v. Former employees entitled to Services as Participants under the Consolidated Omnibus Budget Reconciliation Act (COBRA). b. Dependents under eighteen (18) years of age must be accompanied by a parent or guardian when visiting the Clinic. 3. CLINIC PREMISES AND BUILD-OUT a. Common Areas / Access Cigna, its invitees and employees and Participants shall have the right, in common with other occupants of the Building(s) and their invitees and employees, to use all stairways, elevators, halls, toilets and sanitary facilities, and all other general common facilities contained in the Building(s), and all sidewalks, delivery areas, parking facilities and other appurtenances to the Building(s). At no additional cost or expense to Cigna, Cigna shall have access to the Clinic(s) three hundred sixty-five (365) days a year, on a twenty-four (24) hour a day basis. b. Build-Out and Improvements by Client At no cost to Cigna, Client shall, at its sole expense, provide or arrange for the provision of adequate facilities to house the Clinic(s) as indicated in Section 1 a. above, and for the construction, renovation, remodeling and/or improvement of such facilities in order to accommodate effective and efficient operation of the Clinic(s), all of which shall be as mutually agreed upon by the Parties (“Build-Out”). Client shall, at its sole expense, perform all work and furnish all materials needed to complete the Build-Out of the Clinic(s) in accordance with all applicable state and local laws and regulations, including but not limited to municipal fire and building codes. Client shall be solely responsible for securing, at its sole expense, all state and local permits and registrations necessary for such Build-Out. Client shall conduct the Build-Out in a good and workmanlike manner in accordance with all applicable laws and regulations. Build-Out and improvements for the Clinic(s) shall be completed by Client on or before October 15, 2015 Client acknowledges that Cigna's ability to meet the Clinic Commentment Dates listed in this Schedule A are contingent upon Client completing the Build-Out and Improvements. c. Telephone and Computer System Connections For each Clinic, Client shall furnish at Client’s sole cost and expense, a telephone system, computer hook-ups, necessary for provision of the Services. d. High Speed Internet Access For each Clinic, Client shall ensure there are High Speed Internet services available to the building and extended to the Clinic. If no internet service providers have services established to the building or if services are not adequate to support the Clinic due to stability issues, Client shall: [A04-09900 /174996/1] 19 of 30 i. be responsible for all costs associated with establishing service to the building and installation of the line, including but not limited to trenching, wiring, materials and labor charges; or ii. provide connectivity to the Client network and supply two (2) Public IP addresses. e. IT Resources for Internet Troubleshooting For each Clinic, Client and Cigna shall identify IT resources to work collaboratively to: i. coordinate with the internet service provider to resolve connectivity issues at the Clinic; ii. acknowledge notice of the issue within one (1) hour; and iii. and to be available within a three (3) hour timeframe after acknowledgment. If Client IT resources are unable to provide IT assistance within the three (3) hour timeframe, Client shall be responsible for travel costs incurred to resolve the issue. f. Additions and Improvements by Cigna With written permission of Client, which shall not be unreasonably withheld or delayed, Cigna may make alterations, additions and improvements (“Alterations”) upon the Clinic(s) as desired, with the right to remove the same upon termination of the Agreement, or any renewal or extension thereof; provided, however, that (i) as indicated above, Cigna shall obtain written approval from Client of the Alterations to be made and written approval of the added costs to Client; and (ii) the Clinic(s) must be left in as good a state as when received, reasonable wear and tear and damage by fire or other casualty excepted. Failure to remove such Alterations shall not be deemed a renewal or extension under the terms of the Agreement, but shall be deemed an abandonment of such Alterations, and Cigna shall incur no costs for the removal thereof. In addition, any installation of special equipment requiring exceptional electric service or exceeding the live load rating shall be subject to Client written approval, which shall not be unreasonably withheld or delayed. g. Signage For each Clinic, Client shall install, affix and maintain, at its sole expense, signage at the entrance to the Building and the Clinic in a mutually agreed form and which at a minimum shall contain the name of the Clinic, as the Parties may mutually agree, the Clinic telephone number, and the hours of operation. Any and all signs shall conform to all applicable regulations and governmental requirements. Client shall at its sole expense remove any signs placed on or about the Clinic upon the termination of this Agreement or any extensions thereof, and repair the effects of any such removal. h. Access Modifications If modifications to the Clinic(s) are required in excess of standards imposed by applicable law and regulations, and Client is unwilling to make such modifications, then [A04-09900 /174996/1] 20 of 30 Cigna, at its sole expense, shall have the right (but not the obligation) to make such modifications to the Clinic(s) as it deems necessary or desirable to permit access by any employee or invitee with disabilities that restrict such person's ability to otherwise gain access to the Clinic(s). i. Client Obligations As to each Clinic, Client agrees, at its sole cost and expense, to: i. operate the heating and cooling equipment in the Building to maintain the Clinic between 65o F. and 75o F, 24 hours per day, 365 days per year; ii. provide clinic cleaning and janitorial services each day the clinic is open that meet exposure control requirements of Occupational Safety and Health Regulations for toxic and hazardous material. Such cleaning and waste removal must be adequate to minimize or eliminate risk to Clinic Staff and Participants from blood borne pathogens; iii. provide pest control and extermination service to a level consistent with that found in other first-class buildings in the area, with a frequency of at least twice per month; iv. keep and maintain the Building, common facilities, common areas, parking area, sidewalks and appurtenances in a first class condition; v. adequately light the Clinic, and provide and replace lamps and related equipment when necessary; vi. provide hot and cold water in the Clinic and provide sanitary and toilet facilities and supplies for use by Cigna, its employees and invitees, and Participants; vii. furnish and provide the Clinic with connectivity for computer systems, including high speed Internet access, and with electric current for lighting, normal office use, heating, air conditioning; viii. provide sufficient elevator service for access to the Clinic. At least one (1) elevator shall operate during non-business hours, affording access to the Clinic (if such Clinic is located other than on the ground floor); ix. provide adequate security services for the Clinic, the Building and common areas in and around the Building, including fire and burglar alarm devices and guard protection. Client shall monitor the burglary alarm, motion and duress alarms and temperature alarm and shall perform annual inspection and/or testing of the smoke detectors and fire extinguishers in the Clinic and elsewhere in the Building. Client shall also provide for the periodic maintenance and annual inspection of the Building fire alarm system; x. provide adequate parking spaces for Clinic Staff at no charge to Cigna or the Clinic Staff (as defined herein). j. Repairs and Maintenance [A04-09900 /174996/1] 21 of 30 As to each Clinic, Cigna shall maintain the Clinic in an attractive and neat condition and shall not permit or allow any waste to any portion of the Clinic. Client or its agents and employees shall have the right to enter the Clinic purpose of making repairs necessary for the preservation of the Clinic or Cigna's property maintained therein. Client shall make a reasonable effort to affect such repairs with a minimum of interference to Cigna, and, when practicable, all work shall be done after business hours. k. Reimbursements Related to Clinic Premises Client shall reimburse Cigna, its Affiliates and parent companies for any loss, damage or expense paid by Cigna or its Affiliates or parent companies, related to death or personal injury results or arises from hazards related to the Building(s) or the Clinic(s) that are the responsibility of the Client, including by way of example and not by way of limitation, claims for personal injuries related to the presence of asbestos, mold or other hazards. 4. CLINIC STAFF a. All clinical and administrative staff shall be employed by or independent contractors of Cigna or its Affiliates or parent companies. Cigna shall determine in its sole discretion, whether such staff must be independently contracted in order to comply with applicable state law. b. Cigna shall arrange for the following staff to provide Clinic Services (“Clinic Staff”) at the Clinic location indicated: Clinic Location Clinic Staff Powell Professional Center 401 Corbett Street, Ste. 240 Clearwater, FL 33756 One (1) Full-Time Physician One (1) Full-Time Advanced Practice Registered Nurse (“Mid-Level Practitioner”) One (1) Full-Time Registered Nurse providing integrated health consultation Two (2) Full-Time Medical Assistants One (1) Full-Time Medical Administrative Assistant Full-Time is defined as regularly working a forty (40) hour week. 5. CLINIC STAFF PAID TIME OFF AND LEAVE a. Client acknowledges and agrees that in addition to Cigna Holidays as defined in Section 1. of this Schedule A. and time off purchased by the Clinic Staff, the Clinic Staff employed by Cigna shall be entitled to paid time off (PTO) and other leave (“Leave”) in accordance with Cigna's standard policies and procedures (“Policies”) applicable to all employees of Cigna and its Affiliates in the same job grade or band as the Clinic Staff. PTO shall include: [A04-09900 /174996/1] 22 of 30 (i). vacation days; (ii). personal days; (iii). sick days; and (iv). other leave in accordance with current Cigna Policies. Leave shall include: (i). military leave; (ii). Family Medical Leave (FMLA); (iii). disability leave; and (iv). other leave in accordance with applicable law and current Cigna Policies. b. A Mid-Level Practitioner is also entitled to time for Continuing Medical Education (“CME”) up to five (5) days per year. c. Each year, Cigna will notify the Client with the total number PTO days and purchased days off to which the Clinic Staff is entitled that year. The number of Leave days cannot be determined in advance of the event requiring Leave; however, Cigna shall notify Client as soon as practicable in advance in the event Clinic Staff goes on Leave. d. In the event Clinic Staff is not on duty due to time off for which Clinic Staff is eligible as outlined in this Section 5 of this Schedule A. to the Agreement, the Clinic will be closed, unless otherwise arranged in accordance with Section 3.b. of Schedule B. to the Agreement. Cigna shall notify Client as soon as practicable in advance if the Clinic will be closed due to time off other than scheduled Holidays. e. For Clinic Staff not employed by Cigna, i.e., independent contractors, the number of days of PTO shall be as defined in the contract between Cigna and the Clinic Staff person, and shall be provided to Client upon request. f. Cigna shall provide a copy of Policies to Client upon request, and shall notify Client of any change in such Policies. 6. CLINICAL SERVICES Cigna shall provide Services in accordance with Cigna policies and procedures, and in accordance with such policies and procedures of Client that are mutually agreed upon in writing by the Parties. All Services provided shall be within the scope of the licensure and practice of the health professional(s) employed or retained by Cigna, and further shall be provided in accordance with all applicable federal and state laws and regulations. At each Clinic, Cigna shall provide or arrange for the provision of the following clinical services (“Clinical Services”): a. Primary Care i. Scheduled care, providing general health care services including ongoing medical management of chronic conditions. These services will include minor office based procedures, routine physicals, medical history and exam. [A04-09900 /174996/1] 23 of 30 ii. Physicians will be able to be designated by Participants as their primary care physician. b. Low Acuity Urgent Care/Episodic Care i. Examples include sprains and strains, sore throats, ear infections, urinary tract infections and headaches. Acute care visits include sufficient scheduled time to allow clinician to perform a full history and exam, lifestyle risk assessments, health promotion and preventive care discussion when needed and includes care coordination referrals and community physician referrals as appropriate. c. Monitoring Chronic Conditions i. Ensure that Participants with chronic medical conditions have appropriate community physician relationships and collaborate with physicians as needed; refer Participants to appropriate Client telephonic and online wellness programs, and encourages healthy lifestyles that address the chronic condition. d. Preventative Health Screenings and Immunizations i. Pre-employment and annual physical examinations with extended testing capabilities. The Client’s requirements for these services will be mutually agreed upon in writing by the Parties. ii. Annual flu vaccinations for eligible Participants ages nine (9) years through sixty- four (64) years; Hepatitis B series; Tetanus and Pertusis (TDAP); Tetanus (Td); Tuberculosis (PPD); and Pneumovax. Cigna shall invoice Client directly for immunization costs incurred by Client’s eligible Participants. iii. Follow-up allergy injections. An initial allergy injection must be given by the Participants allergist. iv. Pediatric vaccinations are excluded. v. Pediatric physicals (including well-child exams and “checkups”) are excluded. “Pediatric” is defined as services provided to employees’ eligible dependents who are less than eighteen (18) years of age. Eligible dependent children under age 18 must be accompanied by a parent or guardian to receive Services. e. Biometric Screening i. Provide scheduled screenings that may include but not limited to; Height, Weight, BMI, Body Composition, Blood Pressure, Total Cholesterol, HDL Cholesterol, LDL Cholesterol, Coronary Risk Ratio, Blood Glucose. f. Laboratory Services i. CLIA-waived (rapid test) laboratory testing on site; [A04-09900 /174996/1] 24 of 30 ii. Blood draws, urine collection, and collection of other specimens ordered by Clinic’s medical staff or community providers for pick up by contracted lab vendor. Results delivered to ordering provider. iii. Cigna shall invoice Client directly for Laboratory Services incurred by Client’s Eligible Participants. g. Personalized Coaching i. Clinic Staff shall provide onsite health education to help support and facilitate the Participants engagement with Client’ disease management program(s). ii. Assess lifestyle risks and discuss health improvement and preventive care and coordinate additional care if required. h. Pharmacy i. Limited quantity and formulary pre-packaged physician prescription dispensing. ii. Written prescriptions by Mid-Level Practitioner, as allowed by law. i. Radiology Services a. Cigna shall arrange for the provision for radiology services (“Radiology Services”) through a local radiology provider participating in the provider network of Cigna’s parent company or affiliate and located near the Clinic. Digital radiology equipment will not be located at the Clinic. b. Radiology Services include Flat Plate, Ultrasound, and CT capabilities to be conducted by a licensed radiologist. c. Cigna shall invoice Client directly for Radiology Services based on referrals provided to Participants by Clinic Staff only. d. Other radiology referrals, such as referrals for MRIs or other radiologic studies, and any referrals provided by non-Clinic Staff are not considered Clinic Services under this Agreement and must be submitted to the health benefit plan and are subject prior authorization review. j. Management i. Daily management of all clinic and administrative activities including but not limited to operations and personnel. 7. OPERATIONAL ASSUMPTIONS a. Cigna will use third party vendors contracted with Cigna, its parent companies or Affiliates, for supplies and equipment whenever possible and financially beneficial to do so. b. No material changes to this Scope of Services shall be effective without the prior written consent of the Parties in accordance with the Agreement. [A04-09900 /174996/1] 25 of 30 c. Cigna will ensure that its medical, professional and paraprofessional staff receive all necessary and requisite statutorily mandated in-service, annual or proficiency training, and other such professional or paraprofessional education and training programs needed to ensure current proficiency in the professional or paraprofessional’s particular health care discipline or specialty. 8. REPORTING a. Report Delivery Cigna will arrange for the production and delivery of quarterly and annual reports (“Reports”) to Client in accordance with Cigna’s standard reporting package and capabilities. Such Reports shall include the following: i. Quarterly Reports: a) Clinical b) Operations c) Medical Cost Savings and ROI d) Productivity e) Referral ii. Monthly Key Performance Indicators Dashboard The delivery timeframes, format, method and quantities for each Report shall be as mutually agreed upon in writing between the Parties. b. Report Privacy Any and all Reports provided by Cigna or the Clinic(s) to Client or its designees concerning the Services shall be in aggregate, de-identified form, unless otherwise permissible in compliance with applicable federal and state privacy laws and regulations, including but not limited to the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 45 CFR Parts 160 and 164, as amended by the Health Information Technology for Economic and Clinical Health (HITECH) Act. c. Ad Hoc Reports Cigna will produce and deliver ad hoc reports in such formats and timeframes as is mutually agreed upon in writing between the Parties, provided that Cigna may assess additional fees for any ad-hoc reports (or time required for specification and development of such ad hoc reports) that have a material impact on the Fees paid by Client to Cigna under Schedule B of the Agreement. Cigna will estimate any such additional fees for pre-approval by Client. 9. ADDITIONAL SERVICES a. Client may from time to time during the term of the Agreement request that Cigna perform an additional service not covered under this Schedule A (“Additional Service”). [A04-09900 /174996/1] 26 of 30 Upon receipt of such a request, Cigna shall submit a written proposal to Client for such Additional Service which shall include: i. A description of the services, functions, and responsibilities Cigna anticipates performing in connection with such Additional Service; ii. A schedule for commencing and completing such Additional Service; iii. Cigna’s prospective charges for such Additional Service, including a detailed breakdown of such charges; iv. A description of the human resources necessary to provide the Additional Service. b. Cigna shall not begin performing any Additional Service until Client and Cigna have entered into a mutually agreed upon written amendment to the Agreement governing such Additional Service. [A04-09900 /174996/1] 27 of 30 SCHEDULE B FEES PAYMENT TO CIGNA Reference is made to the Professional Services Agreement by and between City of Clearwater and Cigna Onsite Health, LLC, effective October 1, 2015. Capitalized terms in this Schedule B shall be as defined in the Agreement, unless otherwise indicated. 1. Operating Budget a. Cigna will use the attached Operating Budget (Appendix 1) as the projected budget for Total Operational Expenses (Salaries and Benefits, Supplies, Other Direct Expenses, and Systems Expenses), Infrastructure Costs, estimated Implementation Costs and Management Fees related to the Clinic Services for the Initial Term. The Operating Budget may be modified based on any change in the Clinic Commencement Date, delay in the required Build-Out, or modification of services requested by the Client, as mutually agreed upon by the Client and the Cigna. Cigna shall use its best efforts to manage all Total Operational Expenses to those amounts listed in the Operating Budget. Client acknowledges that said Operating Budget constitutes Cigna's good faith projection of anticipated operating costs and expenses for the Clinics. Client understands and acknowledges that the Operating Budget may change, based upon the volume of Participants seen at the Clinics and other factors. b. Sixty (60) days prior to the expiration of the Initial Term of the Agreement, Cigna shall present to Client a proposed Operating Budget for the Clinic for any Renewal Term, and Client and Cigna shall mutually agree on such Operating Budget. Thereafter during any Renewal Term of the Agreement, sixty (60) days prior to the expiration of the Renewal Term, Cigna shall present to Client a proposed Operating Budget for the Clinic for the upcoming Renewal Term, and Client and Cigna shall mutually agree on such Operating Budget. 2. Audit a. Client or its designee shall be entitled to audit, upon forth-five (45) days prior written notice to Cigna, all documents and records related to Operational Expenses, with the exception of certain administrative and medical supplies and equipment, as identified by Cigna. Cigna shall not be required to provide to Client invoices or records concerning such administrative and medical supplies and equipment costs, where disclosure of pricing of such supplies and equipment is prohibited by confidentiality provisions in the applicable agreement between the vendor and Cigna for the purchase of such administrative and medical supplies and equipment. b. Audits shall be limited to one every twelve (12) months, and shall be conducted during normal business hours, at Cigna's offices at mutually agreeable locations. Client or its designee and their representatives conducting such audit shall be required to sign a confidentiality agreement as mutually agreed upon by the Parties. Such audits shall not include disclosure of Protected Health Information (PHI) as defined in the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). [A04-09900 /174996/1] 28 of 30 3. Adjustment to Operating Budget Baselines a. In the event that Client requests additional clinical and/or administrative personnel to provide the Services at the Clinic, the cost of which will exceed the staffing baselines set forth in the Operating Budget (Appendix 1), Client shall pay to Cigna, in addition to all Management Fees and Operational Expenses required in this Schedule B, an amount equal to the additional staffing compensation incurred in connection with the additional Services (“Additional Resource Charges”). b. If a Mid-Level Practitioner is on PTO or Leave, is ill or otherwise not available to provide Services (“Vacancy”), Cigna will inform Client of such Vacancy, and will determine in consultation with Client if the position needs to be temporarily staffed. In the event that Client elects to have such position filled on a temporary basis, Client shall so notify Cigna in writing. Client shall be responsible for all additional payment for staffing such Vacancies. Cigna shall use best efforts to manage the temporary labor utilized to fill Vacancies. Additional staff shall be of equal or higher degree of professional or paraprofessional designation as compared to Clinic Staff that are unavailable. c. Client shall not be responsible for payment of any PTO or Leave for any Clinic Staff who are independent contractors and not employees of Cigna. Client will only be responsible for payment of PTO and Leave relating to any of Clinic Staff who are employed by Cigna, as they are listed in Schedule A, Scope of Services. Client’s responsibility for payment of such PTO and Leave is included under the “Salary & Benefits” component listed in the applicable Operating Budget (Appendix 1). 4. Operating Expense Report On a quarterly basis, Cigna will provide Client with an Operating Expense Report for the preceding quarter. Cigna shall issue the Operating Expense Report to a mutually agreed upon contact for Client. Such Operating Expense Report shall include the following from the Total Operational Expenses (Salaries and Benefits, Supplies, Other G&A, Systems Expenses) from the Operating Budget (Appendix 1). 5. Payment a. Client shall pay and reimburse Cigna for the following as listed in the Operating Budget (Appendix 1): i. Total Operational Expenses (Salaries and Benefits, Supplies, Other Direct Expenses, Systems Expenses); ii. Infrastructure Costs; iii. Implementation Costs; and iv. Management Fees. b. In addition, Client shall reimburse Cigna for Additional Resource Charges incurred under this Scope of Services. [A04-09900 /174996/1] 29 of 30 c. On or before the 20th day of each month, Cigna will issue to Client an invoice for Fees, Operational Expenses, Implementation Costs and Additional Resource Charges (collectively, “Clinic Fees”) due and owing for Clinic Services performed during the preceding month (each “Billing Period”). Client shall pay Cigna within thirty (30) days of receipt of an invoice for Clinic Fees. d. Notwithstanding the above, Cigna shall invoice City of Dunedin directly for expenses incurred by it’s Eligible Participants for Laboratory Services; Flu immunizations; and Radiology Services as described in under “Clinic Services” in Schedule A. City of Dunedin shall pay and reimburse Cigna directly for such invoices. 6. Records Cigna shall maintain such books, records and documents to reflect the expenditures of all funds under the Agreement and all Schedules and Appendices thereto, in accordance with generally accepted accounting principles. Cigna shall prepare and provide Client with copies of an annual invoice summary statement and such other reports as the Client and Cigna may mutually agree upon in writing. [A04-09900 /174996/1] 30 of 30 1 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This is the Second Amendment (“Second Amendment”) to the Professional Services Agreement (“Agreement”) between City of Clearwater (“Client”) with offices located at 100 South Myrtle Avenue, Clearwater, Florida 33756 and Cigna Onsite Health, LLC (“Cigna”) with offices located 26500 North Norterra Drive, Phoenix, Arizona 85085 effective October 1, 2015, whereby Cigna agreed to provide for a Cigna Onsite Health Clinic (“Clinic”) providing low acuity, urgent and episodic care and ancillary services for the benefit of Client employees and others (as defined in the Agreement). This Second Amendment is effective January 1, 2018 (“Second Amendment Effective Date”). Client and Cigna are sometimes referred to herein individually as a “Party" and collectively as the “Parties.” WHEREAS, pursuant to Section 28 of the Agreement, the Parties wish to amend the Agreement to add onsite health coach services to Client’s clinic located at 401 Corbett Street in Clearwater, Florida and to add one (1) Full-Time Health Educator Coach to Clinic Staff in accordance with the terms stated herein. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, as of the Second Amendment Effective Date, the Agreement is hereby amended as follows: 1. For purposes of this Second Amendment, capitalized terms used herein shall be as defined in the Agreement, as amended, or in any of the Schedules or Appendices attached thereto, unless otherwise specified. 2. Attachment 1, Onsite Health Coach Services, attached to this Second Amendment is hereby added to the Agreement to add onsite health coach services as further defined in the Attachment 1. 3. Except as modified by this Second Amendment, all other terms and provisions of the Agreement, as amended, and all Schedules and Appendices attached thereto, shall continue in full force and effect. Signature Page Immediately Follows. 2 IN WITNESS THEREOF, the Parties hereto have caused this Second Amendment to be executed in duplicate and signed by their respective officers duly authorized to do so. CIGNA ONSITE HEALTH, LLC By: ______________________________ Name: Jeffrey T. Perry, DBA, PhD Title: Chief Operating Officer, VP Date:_____________________________ CITY OF CLEARWATER Countersigned: CITY OF CLEARWATER ________________________________ By:_____________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ________________________________ ________________________________ Matthew M. Smith Rosemary Call Assistant City Attorney City Clerk Date:____________________________ 3 Attachment 1 ONSITE HEALTH COACH SERVICES Onsite Health Coach Services - (80% coaching/20% promotion) Cigna Onsite Health, LLC will arrange through its affiliate, Cigna Onsite Health, LLC (“Cigna”), to provide to City of Clearwater (“Client”) employees (“Participants”) onsite health coach services (“Health Coach Services”) at Client’s worksite locations. Health Coach Services described herein do not constitute professional medical advice or the diagnosis or treatment of Client’s Participants who utilize the Health Coach Services, and are intended to be educational in nature only. As used herein, “Participants” means those employees of Client or employees and their dependents, eligible for the Health Coach Services provided hereunder as directed by Client. Cigna will provide or arrange for the provision of the following health and wellness promotion services based on a ratio of approximately 80% onsite wellness coaching services and 20% general onsite wellness promotion services: Onsite Wellness Coaching (80%) Health Coach shall provide one-on-one coaching sessions for Participants on topics, including: i. Nutrition a. Establish nutritional health goals collaboratively; b. Collaboratively (Participant and Health Coach) establish coaching for a duration and at a frequency based on the Health Coach’s prescribed wellness plan; and c. Deliver topic-specific education and referrals, as needed. ii. Physical Activity a. Establish coaching duration and frequency collaboratively between Participant and Health Coach based on Health Coach prescribed plan; and b. Deliver topic specific education and referrals, as needed. iii. Wellness Education and Referrals For: a. Prevention; b. Women’s issues (includes menopause, infertility); c. Children’s health issues (includes the importance of vaccines, healthy eating, exercise, etc.); d. Men’s health; e. Sleep; f. Stress; g. Weight; h. Other health topics and concerns; and i. Collaboratively (Participant and Health Coach) establish coaching for a duration and at a frequency based on the Health Coach’s prescribed wellness plan. 4 iv. High Blood Pressure: a. Establish blood pressure reduction goals collaboratively (Participant, Physician and Health Coach); b. Collaboratively (Participant and Health Coach) establish coaching for a duration and at a frequency based on the Health Coach’s prescribed wellness plan; c. Deliver condition-specific education and referrals, as needed; and d. Identify any Gaps in Care (“GIC”) and educate and assist in closing the GICs. v. High Cholesterol a. Establish cholesterol reduction goals collaboratively (Participant, Physician and Health Coach); b. Collaboratively (Participant and Health Coach) establish coaching for a duration and at a frequency based on the Health Coach’s prescribed wellness plan; c. Deliver condition-specific education and referrals, as needed; and d. Identify any Gaps in Care (“GIC”) and educate and assist in closing the GICs. vi. Maternity a. Education on and referrals to Health Pregnancy/Healthy Baby program (if purchased by Client) or Healthy Babies; b. Education on the importance of prenatal care; c. Leverage clinical guidelines used in existing programs; and d. Coordinate with a lactation consultant. vii. Benefits Navigation a. Deliver basic information concerning benefit resources and tools to maximize benefits, including cost and quality tools, mycigna.com resources, etc.; b. Refer to Client Human Resources contact for detailed plan questions, concerns, and issues requiring escalation; c. Education and referrals to plan clinical programs (internal and external); and d. Assist employees with health care professional referrals, (e.g., primary care physician or specialist referrals in the Cigna network). Onsite Wellness Promotion (20%) Health Coach shall support onsite wellness promotion events and activities for Client employee population, including: viii. Support One Annual Biometric Event a. Assist with event logistics: suggest times of biometric event, measurements of location space for holding event, and conduct a pre-event interest survey to gauge estimated participation; b. Assist with biometric consultations on the day of biometric event; and c. Promote the event, including posting signage. ix. Support Health Risk Assessment (“HRA”) Completion a. Assist with HRA surveys delivered annually to employees; b. Provide wellness coaching and consultations on HRA results; and c. Referrals to clinical programs where appropriate based on HRA results. x. Deliver Onsite Group Seminars a. Plan and deliver up to three (3) seminars per quarter, which may be presentation- style “lunch and learn” or a seminar. 5 xi. Deliver Annual Workshops a. Plan and deliver up to two (2) workshop per calendar year. A workshop is interactive and includes learning activities, and a workshop can be delivered in a single session or multiple sessions. xii. Support Annual Flu Shot Event a. Assist with event logistics; suggest times of flu shot clinic event, measurements of location space for holding event, conduct a pre-event interest survey to gauge estimated participation; and b. Promote the event, including posting signage. xiii. Miscellaneous a. Staff a monthly “Stop By” booth theme that is specific to each month and do the same at annual Wellness Fair; b. Develop, monitor and manage a bulletin board topic of the month; and c. Engage employees to establish coaching referrals. d. Work in collaboration with the Cigna HealthCare account team to analyze health spending trends and related actions (CAP report analysis); and e. Attend Client wellness committee steering meetings. Onsite Health Coach Staff Cigna shall be responsible for providing onsite Health Coach staff at the following Client Locations, commencing on the dates listed below (“Effective Date of Services”) and continuing throughout the term of the Agreement as follows Client Location/Effective Date of Services Staff/Days and Hours Location #1: Powell Professional Center 401 Corbett Street, Suite 240 Clearwater, FL 33756 Effective Date of Services: May 1, 2018 or a later date, mutually agreed upon by the Parties. Health Coach: One (1) Full-Time Health Educator Coach providing coaching services at the Client Location. Health Coach shall have a Bachelor/Masters level in clinical sciences related to wellness promotion and/or certifications as defined by the Allied Health Leadership Council. Full-Time is defined as regularly working forty (40) hours per week, including one hour per day for lunch. Days and Hours to be mutually agreed upon in writing between the Parties and shall be Monday through Friday, from 8:00am until 5:00 p.m. Notwithstanding anything in this Agreement to the contrary, electronic communication with confirmation by both Parties is deemed acceptable for such written agreement and changes will not require an amendment. The onsite Health Coach will be an employee or independent contractor of Cigna or its Affiliates or parent companies. Paid Time Off and Leave: Client acknowledges and agrees that, in addition to Cigna Holidays, the Health Coach shall be entitled to paid time off (PTO) and other leave (“Leave”) in accordance with Cigna's standard policies and procedures (“Policies”). PTO shall include: (a) vacation days; (b) personal days; (c) purchased 6 days off; (d) sick dates; and (e) other PTO in accordance with applicable law and current Cigna Policies. Leave shall include: (a) military leave; (b) Family Medical Leave (FMLA); (c) disability leave; (d) caregiver leave; and (d) other leave in accordance with applicable law and current Cigna Policies. In the event that the Onsite Health Coach is absent due to PTO or Leave, Cigna shall not be required to back-fill the position or provide a substitute during such absence to provide the Services hereunder, except in the case where the Coach is absent for an extended period due to military, FMLA, disability leave, or any other leave as defined under the current Cigna policies and practices, Cigna shall as quickly as possible use its best efforts, acting in good faith, to recruit and engage a qualified temporary substitute. Extended Absences” shall not include: (a.) inability to perform Services due to weather conditions; (b.) inability to perform Services due to a Force Majeure Event as defined in the Agreement; (c.) FMLA utilizing paid vacation days; or (d.) sick time not considered short term disability (STD) under Cigna policies. Health Coach Personnel Performance. In the event that Client is dissatisfied with the performance of any Health Coach Personnel providing Services hereunder, or asserts that any Cigna Personnel has engaged in misconduct as defined by Client or has materially failed to perform the Se rvices in accordance with the Agreement, Client shall so advise Cigna immediately and provide in writing the facts necessary to validate the concern or complaint. Cigna shall promptly consult with Client as to the nature of the conduct complained of and the severity of Client’s dissatisfaction, and shall endeavor to resolve such issues to the satisfaction of Client provided such resolution is non-discriminatory and otherwise legal. Client acknowledges and agrees that the policies and procedures of Cigna or its Affiliates as to the performance shall govern, including any confidentiality requirements contained therein. Client agrees, where necessary, to cooperate with Cigna in conducting any investigation or inquiry, and in providing documentation and testimonial support in event of litigation concerning Health Coach Personnel misconduct or failure to perform. Non-Solicitation: During the term of this Agreement, and for a period of one (1) year after expiration or termination of this Agreement for any reason, Client shall not directly or indirectly, alone or in concert with others, solicit or entice the employee or independent contractor engaged by Cigna to provide services under this Agreement, to leave the employment or engagement of Cigna in order to provide substantially similar services as those provided in this Agreement, to or on behalf of Client, or to otherwise work in competition with Cigna. Termination of Onsite Health Coach Services: 1. Either Party may terminate Health Coach Services under this Agreement in their entirety or for a specific Location by providing the other Party with sixty (60) days prior written notice. 2. In the event of a material breach, the non-breaching Party may terminate this Agreement upon providing sixty (60) days prior written notice to the breaching Party. The Party claiming the right to terminate hereunder shall set forth in the notice the facts underlying the claim that the other Party is in breach of this Agreement. If such breach is remedied to the reasonable satisfaction of the non-breaching Party within sixty (60) days of receipt of such notice, this Agreement shall continue in effect for the remainder of the term. Material breach includes but is not limited to a failure by either Party to perform in whole or in part an affirmative obligation to the other Party under this Agreement. 3. In the event that the “ASO Agreement” entered into between Client and Cigna Health and Life Insurance Company terminates for any reason, onsite Health Coach Services shall automatically terminate on the effective date of termination of the ASO Agreement. 7 ONSITE HEALTH COACH OFFICE AND IT REQUIREMENTS Client acknowledges and agrees that individual one-on-one coaching sessions between the onsite Health Coach and eligible Participants is contingent upon Client providing, at each Location where one-on-one coaching shall take place, a private, confidential space and internet access as described immediately below, to allow the Health Coach to utilize Cigna's coaching database. If such private, confidential space with internet access as described below is not provided by Client at any Location, Cigna will not perform one-on-one coaching services or reporting under the Agreement at such Location(s). Client General (Non-IT) Onsite Health Coach Office Requirements. Client shall provide and maintain an Onsite Health Coach Office in accordance with the following general (non-IT) requirements: Office Location. Health Coach Office shall be located in an area that has viable and reliable wireless internet connectivity, preferably not on a basement or underground level. 1. Office Location. Health Coach Office shall be located in an area that has viable and reliable wireless internet connectivity, preferably not on a basement or underground level. 2. Office Layout. For locations and times the Health Coach will provide one-on-one coaching sessions, Health Coach Office layout requirements include: a. Provides a private environment for Health Coach/employee conversation; b. 120 - 180 square feet of office space; c. Locking office door(s); d. Locking file cabinet and/or locking cabinet; e. At least one (1) electrical outlet; f. One (1) desk with locking drawers (locking desk drawers are not necessary if have locking file cabinet and/or locking cabinet); g. Two (2) chairs (one (1) for Health Coach and one (1) for employee). 3. Office Utilities and Services a. Utility and service requirements for the Health Coach Office: b. Adequate heating, ventilation, and air conditioning to maintain conditions at appropriate temperatures between 65o F. and 75o F during office hours; c. Electricity adequate for computer systems, lighting, normal office use, and heating and air conditioning; d. Adequate lighting for normal office use, and replacement of standard lamps when necessary; and e. Janitorial services for Onsite Health Coach Office and restroom facilities (including restroom supplies). 4. Office Signage. Appropriate signage can be placed on or outside the Health Coach office door which: a. Identifies the office as the Health Coach location; and b. Identifies hours the Health Coach is on the campus and a phone number to contact the Health Coach when not in the office but is onsite. 5. Health Coach Information Box. A secured information box (to be opened only by the Health Coach) placed outside the Health Coach office for employees to drop messages when the Health Coach is and/or is not onsite. 6. Bulletin Board. A bulletin board that can be placed at the various campus or building locations so that the Health Coach can post health related information. The board will be updated no less frequently than monthly based on the health topic for the month, etc. 8 Client - IT Requirements for Onsite Health Coach Office. At its sole cost and expense, unless otherwise indicated therein, Client shall provide or arrange for the provision of those Client obligations set forth below: 1. Desktop or laptop computer on Client's network; 2. High Speed Internet Access / VPN Connectivity; 3. A minimum 20 Mbps Down / 10 Mbps Up bandwidth connection to enable Health Coach to access to data tracking documentation and reporting system throughout the worksite and any other expanded services that require bandwidth; 4. Client provided network account (with email address); 5. Client provided telephone within Client network, preferably with speaker phone, voicemail access and message capabilities (including remote access), call waiting, and the ability to make and receive local, long distance and toll-free calls. 6. Client provided printer or access to nearby printer for the computer on Client's network with appropriate security standards aligned with printing PHI. 7. Client shall ensure that High Speed Internet services are available to the building and extended to the Health Coach Office. If no internet service providers have services established to the building, Client shall be responsible for all costs associated with establishing service to the building and installation of the line, including but not limited to trenching, wiring, materials and labor charges. Onsite coach service implementation timelines may be dependent upon internet service installation timelines 8. Client shall provide IT resources to work collaboratively with Cigna to: a. Coordinate with the internet service provider to resolve issues with internet service or Client-provided equipment; b. Acknowledge notice of the issue within one (1) hour; and c. Be available and make best and most diligent efforts to assist and resolve any IT issues that involve Client provided internet services or access to Client restricted building areas and infrastructure within a three (3) hour timeframe after acknowledgement of issue. If Client IT resources are unable to provide IT assistance within the three (3) hour timeframe, Client shall be responsible for travel expenses incurred to resolve the issue. d. The Client-supplied computer is used for collaborative side-by-side workstation sessions to help Participants complete online health assessments, look up online health information, navigate www.mycigna.com and other e-sessions where the Health Coach and Participant need to use e-health technology. The Client-supplied printer is used for printing e-health reports. e. Client IT shall support their IT equipment provided in the onsite Health Coach Office. Cigna IT will participate in collaborative troubleshooting, if required. f. It Client is unable to meet IT Requirements, Cigna will suggest any reasonable alternate accommodations that will help allow the Health Coach to provide the Health Coach Services. This may include having the Health Coach work some hours remotely, which may reduce the hours available for the Health Coach to conduct fact-to-face coaching services at the Client’s location. Client understands Health Coach Services may be impacted if Client does not meet IT Requirements. 9. Cigna shall provide or arrange for the provision of IT Requirements for the Health Coach Office as follows: a. Cigna Laptop for our Health Coach; b. Two Cigna printers which will be connected to the Cigna Laptop for Health Coach reports (one is print/fax/scan black printer – color printer is 9 for Health Coach reports requiring color); c. Paper shredder; d. Air card and cell phone for our Health Coaches; and e. Cigna IT supports this IT equipment above provided to our Cigna onsite Health Coaches. CIGNA ONSITE HEALTH COACH FEES Onsite Health Coach Services are provided at no additional cost to the Client. Cigna will not invoice the Client directly for Onsite Health Coach Fees. All Fees related to the Health Coach shall be included as part of Client’s self-funded health benefit plan administered by a Cigna Health and Life Insurance Company. In the event that this Administrative Services Agreement (“ASA”) entered into between Client and Cigna Health and Life Insurance Company terminates for any reason, Onsite Health Coach Services shall automatically terminate on the effective date of termination of the ASO Agreement. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4496 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Amend Section 2.251 of the Clearwater Code of Ordinances, increasing the composition of the Sister Cities Advisory Board from six to seven members to include an at-large member and pass Ordinance 9133-18 on first reading. SUMMARY: On March 1, 2018 the Sister Cities Advisory Board made a recommendation to the City Council to add one at-large member to the Board, which the Council approved. Adoption of this Ordinance will allow for the one additional at-large member to be added to the Sister Cities Board raising the total from six to seven members. The at-large member to be appointed by the City Council and must reside within the City of Clearwater. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 4/30/2018 Ordinance No. 9133-18 ORDINANCE NO. 9133-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING SECTION 2.251, CLEARWATER CODE OF ORDINANCES, CHANGING THE COMPOSITION OF THE SISTER CITIES ADVISORY BOARD TO ADD AN AT-LARGE MEMBER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Sister Cities Advisory Board advises the City Council on issues regarding the Sister Cities Program; and WHEREAS, the Sister Cities Advisory Board (“Board”) is currently comprised of six members; and WHEREAS, at the March 1, 2018 Clearwater City Council meeting, the Sister Cities Advisory Board made a recommendation to the City Council to add one (1) at -large member to the Board, which Council approved; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 2.251, Clearwater Code of Ordinances, is hereby amended as follows: Sec. 2.251. Composition. The sister cities advisory board shall consist of seven six members; one member of the city council, a representative of the local business community, the School Board's World Language Coordinator or designee, a Clearwater Sister Cities Inc. representative, a Clearwater Arts Foundation representative, and a youth member who shall be 19 years old or younger and an at-large member. Representatives of the Clearwater Sister Cities Inc. and Clearwater Arts Foundation shall be nominated by their respective organizations. Section 2.063, Code of Ordinances notwithstanding, the representatives of the local business community, the School Board's World Language Coordinator or designee, and the Clearwater Arts Foundation representative shall not be required to reside within the City of Clearwater. 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 Ordinance No. 9133-18 Approved as to form: Attest: __________________________ ____________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4502 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve an amendment allowing for a time extension to the existing grant between the City of Clearwater and the Florida Department of Environmental Protection Land and Water Conservation Fund for the renovations and improvements at Moccasin Lake Nature Park and authorize the appropriate officials to execute same. (consent) SUMMARY: The City was awarded a matching grant in the amount of $200,000 for the renovations of the interpretive center, restrooms, parking and site work at Moccasin Lake Nature Park. The City Council approved this grant award and agreement on April 16, 2015, and formally entered into an agreement with the State of Florida Department of Environmental Protection on June 9, 2015, DEP Contract Number LW625. This agreement expires on June 9, 2018. The proposed amendment extends the agreement for six months through December 9, 2018, to allow construction of the project. Construction began at the park on March 26, 2018 and is scheduled for completion on July 31, 2018. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 4/30/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4509 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Approve the recommendation made by the Public Art and Design Board (PADB) for the commission of a public art installation for the St. Petersburg College East Community Library located at 2465 Drew Street, as designed by Gus and Lina Ocamposilva for the total cost of $60,000 to be funded from the Library CIP code 0315-93530. (consent) SUMMARY: The theme and scope of the project was determined with input from representatives of the project’s construction team, PADB, Parks and Recreation Dept and the Library Department. The desired intent of this project is to commission public artwork that represents the community around the site, the relationship between the campus and the City and the knowledge and empowerment one gains from visiting the library. The Public Art & Design Board appointed an eight- member Selection Panel comprised of individuals representing specific interests and expertise as follows: Neale Stralow - PADB member, Architect Jerri Menaul - PADB member, Artist Stan Vittetoe - SPC Campus Provost Jennifer Obermaier - Library Director Ed Tumber - East Library Manager Josh Bomstein - Creative Contractors Leo Arroyo - Architect Paul Alford - SPC A call to artist was issued in March 2018 and from the 33 responses, three were selected as finalists. The Selection Panel met on April 5, 2018 and reviewed the proposals from two of the finalists, unanimously selecting Gus and Lina Ocamposilva’s yellow and blue sculpture rendering. The PADB is recommending this artist’s proposal of public art work to the City Council for the St. Petersburg College East Community Library. APPROPRIATION CODE AND AMOUNT: Funds are available in the Library CIP code 0315-93530 to fund this contract. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 4/30/2018 CLEARWATER PUBLIC LIBRARY SYSTEM’S EAST BRANCH LIBRARY ARTWORK PROPOSAL Gus & Lina Ocamposilva www.GusLina.com Email: ocamposilva@hotmail.com Ph: 727-804-2693 Title: “Reaching for Knowledge” Height: 20 feet Footprint: 6-½ ft X 6-½ ft aluminum base. Media: Welded aluminum-powder coating Budget: $60.000 Artist fee, materials, design, fabrication, delivery, taxes. Artist will assist with installation. Price does not include installation, site preparation-concrete pad. Same view can be seen from three different angles. Colors submitted in the rendering could be changed if suggested by the committee. “Reaching for Knowledge” Artistically we are able to fuse contemporary and realistic elements in our sculptures, always being inspired by the human forms. We kept in mind while designing our proposal “Reaching for Knowledge” the interest of the committee for it to be iconic and that energetically and dynamically serve to identify its mission: knowledge, community and empowerment. These three concepts are represented by the three human figures holding a stack of books. ●The knowledge is represented by the books held by the three persons. ●The three persons represent the community and its diversity. ●The empowerment is represented by the three people reaching upward achieving personal growth, becoming stronger and more confident. All these as a consequence of having reached the knowledge. The same view can be seen from three different angles: vehicles and pedestrians from Drew Street (eastbound- westbound) and also from the library’s parking lot. The signature artwork will give identity to the library. Since the artwork will be people accessible we think the best media to use to fabricate it is welded aluminum-powder coating; it is strong enough to withstand wear and tear (it will not rust), constructed with safety in mind for display in public settings. Abstract and figurative, classic and contemporary, our sculptures are made of strong aluminum, but appear soft and fluid. The bended forms incorporate exposed bolts and colorful accents. Color is very important to us. We believe colors are so important in people’s life especially in environments where a colorful sculpture(s) will attract the visitors attention and make them wonder about its meaning. We suggest the best colors to use for the signature artwork are Red with yellow accents or Yellow with blue accents. These colors contrast well outdoor in a open space with the background that has a lot of trees. VIEW 1 Red-Yellow VIEW 2 Red-Yellow VIEW 1 Yellow-Blue VIEW 2 Yellow-Blue MATERIALS SPECIFICATION: Aluminum sheets, tubes, plates, base: The sculpture will be constructed using Aluminum sheet: Very good corrosion resistance and finishability plus excellent weldability. What’s less well-understood is that aluminum can also be some of the toughest stuff on earth. Often, the metal is used in applications where high-strength and durability are the most important considerations – from building material to military vehicles. Powder coating: Powder coating is a type of coating that is applied as a free-flowing, dry powder. It is usually used to create a hard finish that is tougher than conventional paint. Powder coating is mainly used for coating of metals. longest lasting, and most color-durable quality finishes available on virtually any type of metal. Powder coated surfaces are more resistant to chipping, scratching, fading, and wearing than other finishes. STAINLESS STEEL BOLTS, WASHERS, NUTS: Stainless steel does not readily corrode, rust or stain with water as ordinary steel does. The quality of the workmanship, design and the strict engineering standards of the artwork assure public safety, durability and low maintenance. All fabrication is done in house, ensuring high quality workmanship and best possible value for the price. www.GusLina.com Ph: 727-804-2693 ocamposilva@hotmail.com Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4443 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Approve co-sponsorship and waiver of requested city fees and service charges for Fiscal Years 2018/19 special events including four annual city events and twenty-two city co-sponsored events at an estimated General Fund cost of $577,060 ($110,750 cash contributions and $466,310 in-kind contributions) and Enterprise Fund cost and fee waiver of $91,320 for the purposes of Fiscal Year 2018/19 departmental budget submittals. (consent) SUMMARY: According to City Council Policy, Item M - Special Event Fees, there shall be an annual review of city sponsored/co-sponsored events during the budget process. An agenda item approving co-sponsorship and level of support for these events will be brought before the City Council at the beginning of the budget process each fiscal year. In the event additional money is required beyond what is approved in the FY 18/19 budget, City Council approval will be required. Staff recommended level of cash and in -kind contributions to be included in the various departmental budgets for Fiscal Year 2018/19 for City sponsored and co -sponsored special events as detailed in Special Events Budget Estimates chart for Fiscal Year 2018/19. Also, included on this chart is a list of 32 additional special events requiring some type of support from the Parks and Recreation Special Events Division during Fiscal Year 2018/19. General fund requests increased by $70,540 due primarily to a $26,000 cash contribution to the Florida Orchestra to perform a free concert for the public at Coachman Park as well as an increase of Fire/EMS and Life Safety services of $37,860. This increase addresses the cost incurred for the use of one or more Sunstar Ambulances to either stand by at an event to perform an emergency transport if needed and /or to cover some events the Clearwater Fire Rescue is unable to cover. The increase also addresses the growth in the size of the events and changes in Fire /EMS National Standards for events. Enterprise Fund cost decreased by $5,130 for a grand total increase recommended for Fiscal Year 2018/19 of $65,410. Five events were eliminated from the 2018/19 requests while five new events were added . New events include Chalk Walk Art Festival, Florida Orchestra Performance, Clearwater Beach Food & Wine Festival, Look Up! Clearwater and Downtown Clearwater Festivals. Look Up! Clearwater and Downtown Festivals as well as the Florida Orchestra Performance are geared to promote additional interest in Downtown Clearwater. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 4/30/2018 File Number: ID#18-4443 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/30/2018 Change From Sub-total Previous 2017-18 Year Class 2A - City Sponsored Event (Event is produced by Parks & Recreation Department) 1 Sea-Blues Festival Feb.$0 $1,000 $10,000 $17,580 $10,500 $4,000 $200 $390 $43,670 $26,430 $17,240 27 KnowB4Spring Fling Mar. 2 USF Softball Events Mar.$0 $0 $17,000 $3,540 $0 $0 $200 $0 $20,740 $20,400 $340 28 26th Annual Easter Egg Hunt Mar. 3 Bay2Beach Music & Arts Festival Apr.$0 $2,500 $40,000 $21,900 $8,500 $2,830 $500 $1,380 $77,610 $81,310 -$3,700 29 Cycling for Autism Apr. 4 Clearwater Celebrates America Jul.$0 $900 $10,000 $1,120 $5,500 $1,500 $200 $350 $19,570 $17,420 $2,150 30 Wings, Wheels, & Wine May Class 3A - City Co-sponsored Event (Event is supported by Parks & Recreation Department)31 KnowbB4Holiday Event Dec. 5 Concert Series at Coachman Park Apr. - Jun.$0 $0 $20,000 $5,720 $11,500 $3,300 $0 $0 $40,520 $25,000 $15,520 32 Say No To Drugs Holiday Classic Dec. 6 Super Boat National Championships Oct.$0 $0 $12,500 $15,600 $6,600 $700 $200 $0 $35,600 $36,690 -$1,090 33 Carlouel Yacht Club Christmas Party + FX Dec. 7 Make A Difference Fishing Tournament (kids/adults)Oct.$0 $0 $400 $0 $0 $0 $0 $0 $400 $300 $100 34 SSOVA Volleyball Tournament Monthly 8 Clearwater Jazz Holiday Oct.$75,000 $6,500 $27,500 $47,540 $19,100 $6,840 $200 $800 $183,480 $171,670 $11,810 35 EEOVB Volleyball Tournament Oct/Feb 9 TBVA Veteran's & Memorial Day Events May/Nov $5,000 $0 $2,500 $0 $0 $440 $0 $0 $7,940 $7,940 $0 36 ChiliHead Challenge Dec. 10 Times Turkey Trot Nov.$0 $100 $5,000 $2,400 $4,000 $0 $0 $0 $11,500 $10,120 $1,380 11 Island Estates Christmas Boat Parade Dec.$0 $0 $400 $220 $0 $290 $0 $0 $910 $1,240 -$330 12 Outback Bowl Beach Day Dec.$0 $0 $2,800 $1,980 $600 $0 $200 $0 $5,580 $4,370 $1,210 37 Clearwater Running Festival Jan.Alcohol 13 MLK Jr. Celebration March & Rally Jan $4,750 $0 $1,000 $0 $0 $220 $200 $330 $6,500 $6,500 $0 38 Clearwater Farmer's Market Monthly 14 Clearwater Beach Uncorked Nov.$0 $0 $1,500 $0 $0 $680 $0 $100 $2,280 $1,280 $1,000 39 Paint Your Heart Out Clearwater Mar. Iron Girl Apr $0 $0 $0 $0 $0 $0 $0 $0 $0 $100 -$100 40 Bazaar Art Open Air Market Monthly 15 Clearwater Beach Taste Fest May $0 $0 $900 $0 $0 $230 $0 $0 $1,130 $920 $210 41 Relay For Life May Hospice Beach Stroll May $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 42 Morton Plant Mease Triathlon Jun. 16 Blast Friday/Miracle on Cleveland/Cruisin' @ Cap.Monthly $0 $0 $600 $0 $4,000 $4,100 $500 $10,000 $19,200 $15,110 $4,090 43 Sunsets at Pier 60 Nightly 17 Festival of Trees May $0 $4,000 $300 $0 $0 $0 $0 $0 $4,300 $6,000 -$1,700 44 Major Beach Soccer Tournament June 18 Pier60 Sugar Sand Festival April $0 $0 $11,500 $10,240 $0 $0 $2,100 $0 $23,840 $23,100 $740 45 Downtown Merchant's BBQ Cook-Off Nov.Alcohol 19 Sports Tourism Events Various $0 $0 $17,000 $5,200 $0 $0 $200 $0 $22,400 $25,000 -$2,600 46 Achieva Box Car Rally Oct. International Sailing events Oct.$0 $0 $0 $0 $0 $0 $0 $0 $0 $4,000 -$4,000 47 Frenchy's Stone Crab Festival Oct.Alcohol 20 Community Family Fun Nights Oct.$0 $0 $900 $0 $500 $0 $0 $0 $1,400 $1,200 $200 48 Downtown Funk Fest Oct.Alcohol 21 Phil Doganeiro 3-Bridges Race Nov.$0 $0 $1,000 $7,280 $0 $0 $200 $510 $8,990 $10,500 -$1,510 49 Christmas Under the Oaks Nov. Florida Senior Games Dec.$0 $0 $0 $0 $0 $0 $0 $0 $0 $9,920 -$9,920 50 Arrowpoint Concert + Event Apr. Meet the Pros Nov.$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 51 Major Beach Soccer National Championships Dec. 22 Chalk Walk Art Festival Oct.$0 $0 $400 $0 $0 $0 $0 $0 $400 $0 $400 23 Florida Orchestra Performance TBD $26,000 $0 $0 $0 $1,100 $0 $0 $0 $27,100 $0 $27,100 24 Clearwater Beach Food & Wine Festival Dec.$0 $0 $4,000 $0 $0 $750 $500 $0 $5,250 $0 $5,250 52 Softball Tournament Feb. 25 Look Up! Clearwater April $0 $0 $750 $1,100 $600 $0 $0 $0 $2,450 $0 $2,450 53 Wild Splash Concert Mar.Alcohol 26 Downtown Clearwater Festivals Various $0 $0 $1,100 $0 $2,500 $0 $200 $500 $4,300 $0 $4,300 54 Hispanic Heritage Concert Oct.Alcohol General Fund Total 2018-19 $110,750 $15,000 $189,050 $141,420 $75,000 $25,880 $5,600 $14,360 $577,060 $506,520 $70,540 General Fund Total 2017-18 $84,750 $15,000 $184,650 $139,360 $41,730 $21,290 $5,600 $14,140 $506,520 55 American Conference Baseball Championship May General Fund Change from Previous Year $26,000 $0 $4,400 $2,060 $33,270 $4,590 $0 $220 $70,540 56 High School Graduations Jun. 57 Phillies Invitational Baseball Tournament Oct. Change GRAND GRAND GRAND 58 Boo Bash Halloween Carnival Oct. From TOTAL TOTAL TOTAL sub-total Previous 2018-19 2017-18 Change from 2017-18 Year Gen & Entrp Comparison Prev. Year Class 2A - City Sponsored Event (Event is produced by Parks & Recreation Department)LEGEND 1 Sea-Blues Festival Feb.$510 $6,030 $0 $250 $110 $6,900 $7,260 -$360 $50,570 $33,690 $16,880 Cash requests 2018-19 2 USF Softball Events Mar.$0 $0 $0 $0 $0 $0 $0 $0 $20,740 $20,400 $340 New event for 2018-19 3 Bay2Beach Music & Arts Festival Apr.$550 $4,160 $250 $250 $0 $5,210 $9,470 -$4,260 $82,820 $90,780 -$7,960 General fund department requests 2018-19 4 Clearwater Celebrates America Jul.$450 $40,000 $250 $250 $0 $40,950 $40,600 $350 $60,520 $58,020 $2,500 Enterprise fund department requests 2018-19 Class 3A - City Co-sponsored Event (Event is supported by Parks & Recreation Department)$0 Grand Total 2018-19 5 Concert Series at Coachman Park Apr. - Jun.$0 $300 $0 $0 $0 $300 $300 $0 $40,820 $25,300 $15,520 Budget comparison to 2017-18 requests 6 Super Boat National Championships Oct.$640 $2,920 $0 $0 $1,250 $4,810 $6,020 -$1,210 $40,410 $42,710 -$2,300 Change from previous years 7 Make A Difference Fishing Tournament (kids/adults)Oct.$160 $0 $500 $0 $4,590 $5,250 $5,790 -$540 $5,650 $6,090 -$440 RED FONT = Decreased from 2017-18 Estimates 8 Clearwater Jazz Holiday Oct.$2,320 $5,940 $0 $250 $700 $9,210 $9,540 -$330 $192,690 $181,210 $11,480 GREEN FONT = Increase from 2017-18 Estimates 9 TBVA Veteran's & Memorial Day Events May/Nov $0 $0 $0 $0 $0 $0 $0 $0 $7,940 $7,940 $0 10 Times Turkey Trot Nov.$630 $0 $0 $0 $0 $630 $630 $0 $12,130 $10,750 $1,380 11 Island Estates Christmas Boat Parade Dec.$0 $0 $250 $250 $0 $500 $150 $350 $1,410 $1,390 $20 12 Outback Bowl Beach Day Dec.$190 $0 $0 $0 $1,250 $1,440 $1,230 $210 $7,020 $5,600 $1,420 13 MLK Jr. Celebration March & Rally Jan $480 $1,140 $0 $0 $0 $1,620 $1,580 $40 $8,120 $8,080 $40 14 Clearwater Beach Uncorked Nov.$1,000 $400 $0 $0 $2,600 $4,000 $3,820 $180 $6,280 $5,100 $1,180 Iron Girl Apr $0 $0 $0 $0 $0 $0 $420 -$420 $0 $520 -$520 15 Clearwater Beach Taste Fest May $240 $0 $0 $0 $440 $680 $690 -$10 $1,810 $1,610 $200 Hospice Beach Stroll may $0 $0 $0 $0 $0 $0 $2,360 -$2,360 $0 $2,360 -$2,360 16 Blast Friday/Miracle on Cleveland/Cruisin' @ Cap.Monthly $710 $0 $0 $0 $0 $710 $710 $0 $19,910 $15,820 $4,090 17 Festival of Trees May $0 $0 $0 $0 $0 $0 $0 $0 $4,300 $6,000 -$1,700 18 Pier60 Sugar Sand Festival April $1,190 $500 $250 $0 $5,900 $7,840 $1,210 $6,630 $31,680 $24,310 $7,370 19 Sports Tourism Events Various $0 $0 $0 $0 $0 $0 $0 $0 $22,400 $25,000 -$2,600 International Sailing Events Oct.$0 $0 $0 $0 $0 $0 $2,620 -$2,620 $0 $6,620 -$6,620 20 Community Family Fun Nights Oct.$0 $0 $0 $0 $0 $0 $0 $0 $1,400 $1,200 $200 21 Phil Doganeiro 3-Bridges Race Nov.$0 $0 $0 $0 $0 $0 $0 $0 $8,990 $10,500 -$1,510 Florida Senior Games Dec.$0 $0 $0 $0 $0 $0 $0 $0 $0 $9,920 -$9,920 Meet the Pros Nov.$0 $0 $0 $0 $0 $0 $2,050 -$2,050 $0 $2,050 -$2,050 22 Chalk Walk Art Festival Oct.$0 $0 $0 $0 $270 $270 $0 $270 $670 $0 $670 23 Florida Orchestra Performance TBD $0 $0 $0 $0 $0 $0 $0 $0 $27,100 $0 $27,100 24 Clearwater Beach Food & Wine Festival Dec.$0 $500 $250 $0 $0 $750 $0 $750 $6,000 $0 $6,000 25 Look Up! Clearwater April $0 $0 $0 $0 $0 $0 $0 $0 $2,450 $0 $2,450 26 Downtown Clearwater Festivals Various $0 $0 $0 $250 $0 $250 $0 $250 $4,550 $0 $4,550 Enterprise Total 2018-19 $9,070 $61,890 $1,750 $1,500 $17,110 $91,320 $96,450 -$5,130 $668,380 $602,970 $65,410 Enterprise Total 2017-18 $10,040 $60,850 $2,400 $2,150 $21,010 $96,450 Enterprise Fund Change from Previous Year -$970 $1,040 -$650 -$650 -$3,900 -$5,130 City of Clearwater Special Events Budget Estimates for FY 2018-2019FY 2018-2019 Requested CASH & IN-KIND SERVICES CITY EVENTS, ANNUAL Month Event w/ Alcohol Estimated GENERAL FUND DEPARTMENTS 2018-19 OTHER SPECIAL EVENTS REQUIRING SUPPORT CITY EVENTS, ANNUAL Month held Cash Requests Bldg & Maint. Parks & Rec. Police Traff/Sops Fire EMS Life Safety & Inspect. Public Comm.Traffic Eng.Sub-Total Gen. Fund Class 1 - Private (Supported by Parks & Recreation Department) Class 2B - City Department Sponsored (Supported by Parks & Recreation Department) Class 3A - City Co-Sponsored: costs covered by event (Produced by Parks & Recreation Department) Partnered Events with Bright House Field Estimated ENTERPRISE FUND DEPARTMENTS 2018-19 Marine Clw Harbor Marina Parking Sub-Total Enterprise Fund CITY EVENTS, ANNUAL Month held Solid Waste Gas Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4497 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve an Engineer of Record (EOR) Work Order to McKim and Creed, Inc. in the amount of $190,800 for the Marshall Street and East WRF Basins Inflow and Infiltration Permanent Flow Monitoring (18-0023-UT) and authorize the appropriate officials to execute same. (consent) SUMMARY: During wet weather events, the City’s sanitary sewer system experiences higher influent flow volumes due to Inflow and Infiltration (I&I) entering the system. These higher volumes can cause sanitary sewer overflows and Water Reclamation Facility (WRF) permit violations because the plants are not designed to accommodate significant volumes of I&I. Monitoring equipment collects continuous flow data during dry weather and wet weather events to identify the source(s) of I&I. This information allows for remediation of many sanitary sewer defects and a measurable reduction in I&I rainfall derived flow within the Marshall Street and East WRF basins. This project will provide flow monitoring services (data collection, analyses and reporting) for a period of 12-month through May of 2019. Project benefits are improved process efficiencies, ongoing rehabilitation and restoration strategies of conveyance infrastructure, and increased environmental protection and regulatory compliance. The City of Clearwater’s Public Utilities Department is responsible for owning, operating and maintaining the wastewater collection system and water reclamation facilities. APPROPRIATION CODE AND AMOUNT: 0421-01354-530100-535-000-0000 $140,400 0421-01356-530100-535-000-0000 $ 50,400 Funds for this work order are included in the 2017/18 City Manager’s recommended Public Utilities Operating Budget of Professional Services as follows: $46,800 in 0421-01354-530100, WET Marshall Street Plant and $16,800 in 0421-01356-530100, WET East Plant. Future year funding will be included in the 2018/19 Public Utilities Operating Budget as follows: $93.600 in 0421-01354-530100, WET Marshall Street Plant and $33,600 in 0421-01356-530100, WET East Plant. Page 1 City of Clearwater Printed on 4/30/2018 WORK ORDER INITIATION FORM 1 of 11 Revised: 11/29/2017 WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: 4/12/18 M&C Proposal Number: 172835 City Project Number: 18-0023-UT 1. PROJECT TITLE: Marshall Street & East WRF Basins Inflow & Infiltration Permanent Flow Monitoring 2. SCOPE OF SERVICES: The City of Clearwater Utility department has requested McKim & Creed to provide permanent flow monitoring services for the sewer collection system in the Northeast WRF service areas. McKim & Creed shall provide its’ rainfall gauging and flow monitoring equipment and its’ remote telemetry unit communication platform (Telog) to record and process the collected data. Included in this work order is maintenance of permanently installed rainfall and flow monitoring equipment, as well as, the engineering real-time data analysis and monthly reporting of the recorded data. Additionally, a McKim & Creed Health and Safety Plan, tailored for the work to be performed, will be submitted. The proposed locations of the flow monitoring equipment will be at six (6) major gravity sewer outfall locations and at six (6) major lift stations, as shown below. Major Sewer Outfall: Major Lift Stations: 1. Bayshore Blvd. (East WRF) 1. 11 (Marshall St. WRF) 2. Gulf to Bay Blvd. (East WRF) 2. 14 (Marshall St. WRF) 3. Corona Interceptor (East WRF) 3. 16 (Marshall St. WRF) 4. Marshall Street (Marshall St. WRF) 4. 20 (Marshall St. WRF) 5. Holt Avenue (Marshall St. WRF) 5. 24 (Marshall St. WRF) 6. S. Lady Mary (Marshall St. WRF) 6. 45 (Marshall St. WRF) Of the twelve (12) permanent flow meter sites identified all but one (1) utilizes open channel flow monitoring devices to ascertain and record wastewater volumes. The permanent flow meter at Lift Station 24 utilizes a transit time, clamp on style, flow meter, made by Fuji Electronics, to record the wastewater volumes from the station’s discharge force main. Permanent rainfall gauges have been WORK ORDER INITIATION FORM 2 of 11 Revised: 11/29/2017 installed at Lift Stations 9, 45, 24, 40 and 58 and an additional rainfall gauge has been installed at McKim & Creed’s Clearwater office. I. MONTHLY FLOW MONITORING/RAINFALL GAUGING REPORTING The collected data will be recorded for each piece of equipment and automatically uploaded to McKim & Creed’s Telog ‘Enterprise’ server on a daily basis as currently is available for the East and Marshall Street Basins. The City will be able to access and download the Northeast Basin data through the same dedicated web browser application as is used for the East and Marshall Street systems and as before; the City will not be able to change any of the operational characteristics of the equipment, they can monitor rainfall increments and wastewater flow at every site and visualize the effects of wet weather events prior to receiving any monthly report. The flow monitoring and rainfall gauging will be performed concurrently for one (1) calendar year beginning May 1, 2018. Flow data summaries to be included in the monthly report shall present the flow data and observed flow conditions supported by graphical and tabular presentations of flow, level, and velocity, where applicable. Each summary shall include the following information: Graphical Representation of Data A graphical time-series weekly plot (hydrograph) of flow rate vs. time data, as well as associated recorded rainfall data, shall be presented for each specific flow meter site. An average seven (7) day dry weather hydrograph will also be prepared/presented and flow data from any significant rainfall event (greater than 0.5-inches over 24-hours) during any specific seven (7) day period will be added to the hydrograph and Rain Dependant Inflow and Infiltration (RDII) volumes for each significant event shall be calculated and displayed on the hydrograph. Additional graphs will also be required including:  Monthly graph (scatter graph) of flow depth versus velocity readings. This graph is used to record historical (month to month) changes to RDII.  Monthly flow graph depicting daily maximum, average and minimum flow rates with daily rainfall accumulations  Daily wet weather 24-hour flow volume versus recorded rainfall magnitude for events greater than 0.5-inches (regression analysis) WORK ORDER INITIATION FORM 3 of 11 Revised: 11/29/2017 0.0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 0.00 0.80 1.60 2.40 3.20 4.00 4.80 5.60 6.40 7.20 8.00 5/19/2016 5/21/2016 5/23/2016 5/25/2016 5/27/2016 5/29/2016 5/31/2016 6/2/2016 6/4/2016 6/6/2016 6/8/2016 6/10/2016 6/12/2016 6/14/2016 6/16/2016 6/18/2016 Rainfall (in) Flow (mgd) Flow Meter Site 7 Rainfall (IN) Minimum Flow (MGD) Average Flow (MGD) Maximum Flow (MGD) Graphs shall be provided in both .pdf and .xls formats. The following provides examples of graphs required. WORK ORDER INITIATION FORM 4 of 11 Revised: 11/29/2017 Monthly 24-Hour Flow Maximums, Minimums, Averages and Rainfall Accumulation 24-Hour Flow Volume (MGD) Versus Rainfall Accumulation (IN) Tabular Data The following data shall be submitted in electronic form with calculated statistics in Excel™ format for each specific flow meter/rainfall gauging site:  Flow Meter Site Statistics: o Average dry weather flow rate (Million Gallons Per Day) o Peak hourly dry weather flow rate (Million Gallons Per Day) o Peak hourly wet weather flow rate (Million Gallons Per Day)  Rainfall Monitoring Site Statistics: o Recorded rainfall event date (events greater than 0.5-inches) o Rainfall amount per event (Inches) o Recurrence storm interval (2, 5, 10 Year, etc.) o Identification of rainfall gauge used for each flow meter site analysis  Flow Monitoring Data: o Time (15 Minute Increments) o Level (Inches) o Velocity (Feet Per Second) o Flow rate (Million Gallons Per Day)  Rainfall Monitoring Data: o Time (15 Minute Increments) WORK ORDER INITIATION FORM 5 of 11 Revised: 11/29/2017 o Rainfall measured (Inches)  Calibration records  Data reliability summary of all meters  Data excluded  Maintenance activities completed  Installation report II. FLOW METER MAINTENANCE McKim & Creed staff will perform maintenance on a weekly basis. Each site will be visited to ensure that no conditions exist that could be detrimental to the recording and collection of quality flow data. During each site visit depth and velocity calibrations will be performed to ensure accurate readings are being obtained. Site visits will be documented; including date of visit, maintenance activities performed, equipment calibrations performed and equipment that was replaced. Site visit documentation will be included with each monthly report. Each flow meter will be programmed to record instantaneous velocity and flow levels during fifteen (15) minute intervals. Each flow meter site will also be checked twice daily remotely and any inconsistent data will warrant an additional site visit from the maintenance crew. Flow level, velocity and volume will be uploaded to the McKim & Creed ‘Enterprise’ server on a daily basis as described by the following paragraph. III. FLOW DATA ANALYSIS The following identifies the analysis that will be performed for each of the twelve (12) monitoring sites on a monthly basis. Monthly reports shall contain charts, tables, and figures demonstrating at a minimum, the following quantities and calculations:  ADF, Average Daily Flow  ABF, Average Base Flow, established during periods of dry weather.  ASF, Average Daily Sanitary Sewer Flow, determined by calculation *ASF = ABF – GWI  GWI, Non-Rainfall Groundwater Infiltration, estimated by analysis of early morning flows when the sanitary sewer contribution is very low. The difference between the early morning flows and the MSF represents an approximate estimate of GWI. GWI can also be determined empirically with the following equation. WORK ORDER INITIATION FORM 6 of 11 Revised: 11/29/2017 *GWI = ABF – ((ABF –MBF)/0.88)  MSF, Minimum Sanitary Flow, by calculation, MSF = 0.12*ASF.  MBF, Minimum Base Flow, by calculation, MBF = MSF + GWI.  Ratio of MBF/ABF.  Ratio of GWI/ABF.  Rainfall Amount and Intensity.  Rainfall Dependent Infiltration/Inflow, (RDI/I), directly resulting from rainfall. *RDI/I = Total Flow Volume – ABF  Peak RDI/I, maximum difference between the ABF and Total Flow hydrographs.  PHF, Peak Hour Flow  Peaking Factor = PHF/ADF  Peak 15-minute Flow Depth  Peak 15-minute Flow Velocity  Peak 15-minute Flow Volume  Current Full Pipe Capacity  Total Monthly Flow Ratio of GWI/Inch-Diameter Miles of Upstream Contributing Sewer Mains for each meter basin. McKim & Creed will submit monthly flow monitoring/rainfall gauging reports to the City for review. Included in the monthly report will be raw flow data, edited flow data, (changes highlighted in yellow), raw rainfall data and changes in apparent groundwater elevation at each monitoring site. In an effort to compress the abundance of data, daily minimum, average and peak 24-hour flow rates as well as daily rainfall will be presented separately. The monthly flow/rainfall information will also be supplemented with daily tabular data for each monitoring site that depicts the minimum, average and peak daily flow rates and the associated recorded rainfall recorded during each day. The tabular data will be utilized to create individual bar graphs for each flow metering site to help visualize the effects of any wet weather period. In addition to the daily tabular data/graphs a monthly scattergraph will also be prepared that represents the isolated 24-hour flow measured at each site for all significant rainfall WORK ORDER INITIATION FORM 7 of 11 Revised: 11/29/2017 events; in excess of one half inch, in comparison to the rainfall recorded over the same 24- hours. If applicable, a health and safety plan will be prepared, submitted and approved by the City Project Manager prior to mobilizing to each site. 3. PROJECT GOALS:  FLOW AND RAIN DATA RETRIEVAL  EQUIPMENT MAINTENANCE  MONTHLY DATA REPORTING 4. BUDGET: See Attachment “B” This price includes all labor and expenses anticipated to be incurred by McKim & Creed for the completion of these tasks in accordance with Professional Services Method “A” – Cost Times Multiplier Basis - Percentage of Completion by Task, for a fee not to exceed One Hundred Ninety-Thousand, Eight Hundred Dollars ($190,800.00). No permitting is anticipated for this project. 5. SCHEDULE: Maintenance and calibration of the flow meters/rainfall gauges will start on June 1,2018 and continue until May 31, 2019. Invoicing for maintenance and continued calibrations, recording of data and reporting for the flow meters/rainfall gauges will be from June 1, 2018 and continue until May 31, 2019. With the first invoice to the City by July 15, 2018. The project will span 395 days from May 1, 2018 as the last monthly report will be submitted for review on or before June 30, 2019. The project deliverables are to be phased as follows: Begin Meter/Gauge Maintenance 1 calendar day Perform Maintenance 365 calendar days Conduct Monitoring and Reporting 395 calendar days 6. STAFF ASSIGNMENT: City’s Staff: Jeff Walker, PE Project Manager WORK ORDER INITIATION FORM 8 of 11 Revised: 11/29/2017 Jeremy J. Brown, PE Utilities Engineering Manager Richard G. Gardner, PE Public Utilities Assistant Director McKim & Creed Project Staff Aubrey Haudricourt, PE Project Manager Greg Anderson, PE Project Analysis Coordinator Pratika Patil, EI Project Team Engineer Sunil Khanal, EI Project Systems Analysis Craig Watts, EI Project Systems Analysis Mc Kim& Creed Field Installation, Maintenance and Calibration Staff Delvin Carter, Patrick Goode, Quint Shelton, Charles Rials, Tony Goode 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to Jeff Walker, PE. All City project correspondence shall be directed to the Project Manager, with copies to the Utilities Engineering Manager and Public Utilities Assistant Director. ENGINEER shall provide a minimum of forty-eight (48) hours’ notice prior to conducting fieldwork/site visits. ENGINEER shall provide a minimum of seven (7) days notification for site visits requiring the assistance of City Operations and Maintenance personnel. ENGINEER acknowledges that all City directives shall be provided by the City Project Manager. In addition to the original copies delivered as stated in the scope of work, all project deliverables will be submitted in electronic format on CD or other City approved device prior to approval of final invoice. 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Attention: Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748 City Invoicing Code: _____________________________ WORK ORDER INITIATION FORM 9 of 11 Revised: 11/29/2017 9. INVOICING PROCEEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. City Project Number, Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period D. Contract billing method – Lump Sum or Cost Times Multiplier E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. SPECIAL CONSIDERATIONS:  The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. PREPARED BY: APPROVED BY: ________________________ ________________________ Aubrey Haudricourt, PE. Scott Rice, PE Senior Project Manager City Engineer McKim & Creed City of Clearwater ___________________ ___________________ Date Date Attachment “A” WORK ORDER INITIATION FORM 10 of 11 Revised: 11/29/2017 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address Tom.Mahony@myClearwater.com. All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “B” WORK ORDER INITIATION FORM 11 of 11 Revised: 11/29/2017 WORK ORDER INITIATION FORM PROJECT BUDGET East Basin Task Description Unit Price Total # Units Total 1.0 East Basin Flow Meter Maintenance and Calibrations: 1.1 3 – FloWav Sensors with Telog Ru-33 RTUs for 12 months. $800ea./month 36 $28,800 2.0 East Basin Rainfall Gauge Maintenance and Calibration: 2.1 2 – Texas Electronics Tipping Buckets with Telog RG-32 RTUs $150ea./month 24 $3,600 3.0 East Basin Monthly Reporting 3.1 3 Flow Meters and 2 Rainfall Gauges for 12 Months $500ea./month 36 $18,000 East Basin Subtotal $50,400 Marshall Street Basin Task Description Unit Price Total # Units Total 4.0 Marshall Street Basin Flow Meter Maintenance and Calibrations: 4.1 8 – FloWav Sensors with Telog Ru-33 RTUs for 12 months. $800ea./month 96 $76,800 4.2 1 – Fuji Transit Time C with Telog Ru-32 RTUs for 12 months $200ea./month 12 $2,400 5.0 Marshall Street Rainfall Gauge Maintenance and Calibration: 5.1 4 – Texas Electronics Tipping Buckets with Telog RG- 32 RTUs $150ea./month 48 $7,200 6.0 Marshall Street Monthly Reporting 6.1 9 Flow Meters and 4 Rainfall Gauges for 12 Months $500ea./month 108 $54,000 Marshall Street Basin Subtotal $140,400 Contract Total $190,800 EEE East WRF BasinEast WRF Basin BAYSHORE BLVDGULF TO BAY BLVDUS 19DREW ST BELLEAIR RD NURSERY RD GULF-TO-BAY BLVD S KEENE RDLAKEVIEW RD BAYSIDE BRGS BELCHER RDS HIGHLAND AVES LAKE AVENE COACHMAN RDOLD COACHMAN RDN BELCHER RDN HERCULES AVEMcMULLEN-BOOTH RDN HIGHLAND AVEC O U R T N E Y C A M P B E L L C S W Y PALMETTO ST S HERCULES AVEN KEENE RDS LAKE DRCOURT ST N LAKE DRPALMETTO ST GULF-TO-BAY BLVD DREW ST S HERCULES AVECORONA INTERCEPTOREAST WRF PLANT Legend East WRF Basin E SAN Flow Meters Plant Buildings Plant Parcels Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com 18-0023-UT Marshall St &East Water Reclamation FacilityInflow & Infiltration Permanent Flow MonitoringEAST WRF BASIN / Document Path: V:\GIS\_Staff\Chris\SAN Flow Meter point file\mxd files\East Flow Meters_Basin.mxd Map Gen By: CRM Reviewed By: JW Date: 4/24/2018Map 2 of 2 E E E E E E E E E Marshall WRF BasinMarshall WRF Basin US 19DREW ST BELLEAIR RD SUNSET POINT RD UNION ST LAKEVIEW RD NURSERY RDGULF BLVDCOURT ST N BELCHER RDN HERCULES AVES KEENE RDN HIGHLAND AVES BELCHER RDGULF-TO-BAY BLVD I SLAND WAYOLD COACHMAN RDS MISSOURI AVES HIGHLAND AVES LAKE AVEMEMORIAL CSWY NE COACHMAN RDCLEVELAND ST SR 590 N MYRTLE AVEMANDALAY AVES FORT HARRISON AVEMONTCLAIR RDN KEENE RDS MYRTLE AVEN FORT HARRISON AVEDOUGLAS AVEBETTY LNCHESTNUT ST BELCHER RDS GULFVIEW BLVD PALMETTO ST VIRGINIA AVE S HERCULES AVES LAKE DREDGEWATER DRKINGS HWYDREW STBETTY LNLS16LS45LS14LS20LS11LS24S LADY MARYMARSHALL STHOLT AVEMARSHALL ST WRF PLANT Legend Marshall WRF Basin E SAN Flow Meters Plant Buildings WRF Plant Parcels Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com 18-0023-UT Marshall St &East Water Reclamation FacilityInflow & Infiltration Permanent Flow MonitoringMARSHALL ST WRF BASIN /Map Gen By: CRM Reviewed By: JW Date: 4/24/2018Map 1 of 2 Document Path: V:\GIS\_Staff\Chris\SAN Flow Meter point file\mxd files\Marshall Flow Meters_Basin.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9129-18 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Approve the request from City of Clearwater staff to vacate a portion of public right-of-way of Haven Street dedicated by plat in Plat Book 5, Page 53, Official Records of Pinellas County, Florida, and certain real property dedicated as public right-of-way by City of Clearwater Resolution 79-50, as recorded in Official Records Book 4867, Page 1478, Pinellas County, Florida; pass Ordinance 9129-18 on first reading and authorize the appropriate officials to execute same. (VAC 2018-04) 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 a portion of Haven Street and certain real property that was dedicated as Right-of-Way in Official Records Book 4867, Page 1478. The portion of property that remains in City ownership following the vacation will represent one of the three parcels to be swapped in the property exchange between the City and COS. The land swap, which is outlined in more depth in that certain Contract for Exchange of Real Property agenda item, being presented for City Council consideration simultaneously herewith, will provide for the exchange of three city owned properties in return for a strategic downtown property owned by the COS. There are four conditions to this vacation. 1) the declaration of surplus of the city-owned portions of real property; 2) City Council approval of the Contract for Exchange of Real Property along with the closing on, and conveyance of, the property as contemplated in the contract; 3) The City will retain a blanket general utility, drainage and gas easement over the entire premises to be vacated; and 4) Easements will need to be granted to private utility companies so that they may sustain their existing utilities, as well. All city departments have reviewed this vacation and have no objection. Page 1 City of Clearwater Printed on 4/30/2018 [GM17-9216-055/215742/1]1 Ord. No. 9129-18 ORDINANCE NO. 9129-18 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 4867, 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, AMONG OTHER THINGS, 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 and incorporated herein) (“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 and incorporated herein) (“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 [GM17-9216-055/215742/1]2 Ord. No. 9129-18 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, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The right-of-way described as follows: That certain portion of Platted Right-of-way of Haven Street as more particularly described in Exhibit “A” and that certain portion of Dedicated Right-of-way as more particularly described in Exhibit “B” is 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 set forth in full in Exhibit “D” attached hereto and incorporated herein) and the 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 days 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. [GM17-9216-055/215742/1]3 Ord. No. 9129-18 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 Court Square Plat Book 5, Page 53 Court Square Plat Book 5, Page 53 Court Square Plat Book 5, Page 53 CONTRACT FOR EXCHANGE OF REAL PROPERTY THIS CONTRACT FOR EXCHANGE OF REAL PROPERTY is made on _______________, 2018 (“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 and March 21, 2018, all of which are on file with the City Real Estate Department. [GM17-9216-055/217711/1] Page 1 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/Charter; (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);; and (3) 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 fail to provide access to the City, such failure shall constitute a material breach and 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. [GM17-9216-055/217711/1] Page 2 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. 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 include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE [GM17-9216-055/217711/1] Page 3 of 15 [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 17, 2018 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 acquired by the City 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. 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 [GM17-9216-055/217711/1] Page 4 of 15 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 21 (“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. b. [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. 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 [GM17-9216-055/217711/1] Page 5 of 15 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. Should COS 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 ensure 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, 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. [GM17-9216-055/217711/1] Page 6 of 15 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 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. [GM17-9216-055/217711/1] Page 7 of 15 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 contract, 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 Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. [GM17-9216-055/217711/1] Page 8 of 15 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. [GM17-9216-055/217711/1] Page 9 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 [GM17-9216-055/217711/1] Page 10 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 [GM17-9216-055/217711/1] Page 11 of 15 EXHIBIT “A” COS PROPERTY Parcel No. 15-29-15-53928-005-0011 [GM17-9216-055/217711/1] Page 12 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. [GM17-9216-055/217711/1] Page 13 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] [GM17-9216-055/217711/1] Page 14 of 15 [GM17-9216-055/217711/1] Page 15 of 15 9771432v1 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9130-18 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 5.3 SUBJECT/RECOMMENDATION: Approve the request from property owner Drs. Kiran Patel and Pallavi Family Foundation Inc. to vacate a portion of Public Right-of-Way of Damascus Road abutting the owner’s property and an Ingress and Egress Easement located on the owner’s property, pass Ordinance 9130-18 on first reading (VAC2018-03) and authorize the appropriate officials to execute same. SUMMARY: As a pre-requisite to a Contract for Sale of Real Property between the City of Clearwater and Drs. Kiran and Pallavi Patel Family Foundation, Inc. (Property Owner), it is necessary to vacate a portion of Public Right-of-Way of Damascus Road, formerly known as Bostrom Road, that the City acquired in 1964 per Resolution 64-90 of the City of Clearwater, Florida, and an Ingress and Egress Easement Deed acquired in 1996, as recorded in Official Records Book 9551, Page 1433 of the Public Records of Pinellas County, Florida. This vacation ordinance is subject to the following conditions: ·The Property Owner will grant to both the City of Clearwater and Pinellas County an easement for ingress and egress over a new access road constructed to city standards. ·The Property Owner must grant to the City of Clearwater a general blanket utility easement. ·The Property Owner must grant private utilities an interest as needed and acceptable to those utilities. ·The Property Owner must grant to the City of Clearwater a temporary ingress and egress access easement for access during construction. ·City Council declaring the City Property as surplus for conveyance to the adjoining property owner, in accordance with the City of Clearwater Code of Ordinances/Charter. ·City Council’s approval of a Contract for Purchase and Sale of Real Property between the Property Owner and the City. All City departments have reviewed this vacation and have no objections. Page 1 City of Clearwater Printed on 4/30/2018 ORDINANCE NO. 9130-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PUBLIC RIGHT-OF-WAY OF DAMASCUS ROAD, FORMERLY KNOWN AS BOSTROM ROAD, CLEARWATER, FLORIDA, ACQUIRED BY THE CITY OF CLEARWATER, FLORIDA PER RESOLUTION NO. 64-90 OF THE CITY OF CLEARWATER, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 1936, PAGE 522 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AFFECTED BY THE NAME CHANGE IN RESOLUTION NO. 80-29 OF THE CITY OF CLEARWATER, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 5043, PAGE 479 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND VACATING AN INGRESS AND EGRESS EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 9551, PAGE 1433 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, Drs. Kiran Patel & Pallavi Family Foundation, Inc. (“Property Owner”), the owner in fee title of real property abutting the right-of-way described and depicted in Exhibit “A” (attached hereto and incorporated herein), and upon which that certain Ingress and Egress Easement lies, as described and depicted in Exhibit “B” (attached hereto and incorporated herein), has requested that the City vacate said right-of-way and Ingress and Egress Easement; and WHEREAS, after proper public notice and public hearing thereon, the City Council of the City of Clearwater, Florida finds that said right-of-way and easement are not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The right-of-way described as follows: See Exhibit “A” [GM17-1420-212/217955/2] GM17-1420-212/217955/2 1 Ord. No. 9130-18 and the easement described as follows: See Exhibit “B” are hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon, and subject to, the following conditions precedent: 1. The Property Owner will grant to the City of Clearwater, Florida, (“City”) and Pinellas County, Florida (“County”) an easement for ingress and egress access over a new access road connecting to that certain property to the North of Property Owner’s parcel which is co-owned by the City and the County, and which will be a minimum of 24’ in width and meet or exceed the City of Clearwater’s Construction Standards Index No. 102 and the 700 Series of Section IV of the City of Clearwater’s Construction Contract Specifications which are incorporated herein by reference and may be located at the myclearwater.com, Engineering Department page. This vacation ordinance shall be null and void if this condition is not met July 1, 2019. 2. The Property Owner will grant to the City of Clearwater, Florida, a general blanket utility easement over, under and across the real property described in Exhibit “C”, (attached hereto and incorporated herein) for the installation and maintenance of any and all utilities therein by the city of Clearwater. 3. The Property Owner shall grant individual 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 may be requested by said providers and 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 days from the adoption of this ordinance. 4. Property Owner shall grant the City of Clearwater, Florida and Pinellas County, Florida a Blanket Temporary Ingress Egress Access Easement connecting to that certain property to the North of Property Owner’s parcel which is co-owned by the City and the County, for ingress and egress access during construction, until such time as the permanent ingress egress access easement contemplated in section 1 above is granted and accepted. 5. The vacation as contemplated hereunder by the City of Clearwater as to the City of Clearwater’s interest as conveyed in that certain Easement Deed as recorded in Official Records Book 9551, Page 1433 of the Public [GM17-1420-212/217955/2] GM17-1420-212/217955/2 2 Ord. No. 9130-18 Records of Pinellas County, Florida, in no way affects the interest conveyed to Pinellas County, Florida in the same instrument. 6. The declaration as surplus of the City-owned portions of real property described in Exhibit “D” (attached hereto and incorporated herein) by the Clearwater City Council in accordance with the City of Clearwater Code of Ordinances and City policies and procedures; and 7. Clearwater City Council approval of that certain Contact for the Purchase and Sale of Real Property as set forth in its entirety in Exhibit “E” (attached hereto and incorporated herein) and the closing on, and conveyance of, the property as described therein. 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. 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 [GM17-1420-212/217955/2] GM17-1420-212/217955/2 3 Ord. No. 9130-18 Exhibit "A" Exhibit "A" Exhibit "A" Exhibit "B" Exhibit "B" Exhibit "B" Exhibit "B" Exhibit "C" Exhibit "C" Exhibit "D" D-1 Exhibit "D" D-2 Exhibit "D" D-3 S44° 3 8 ' 5 1 "W 3 9 2 . 8 0 ' ( D )S80°52'25"W 345.42'(D)S82°35'34"W47.12'(D)S89°45'39"WDenotes Damascus Road Right-of-WayS89°30'50"E(D) 524.48'(C)S 4 3 ° 2 3 ' 4 9 "W 7 6 3 . 4 0 ' ( D ) S00°00'00"W(D) 280.49'(C)Denotes Damascus Road Right-of-WaySurvey utilized for City's calculation of Right-of-Way is"ALTA/NSPS Land Title Survey for 3400 Gulf-to-BayBoulevard " performed by VisionLand Service,Dated 12/2/16.Calculated Area - 17,960 Square FeetD-4 CONTRACT FOR SALE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Seller" or "City"), whose post office address is 112 South Osceola Avenue, Clearwater, FL 33756, and DRS. KIRAN AND PALLAVI PATEL FAMILY FOUNDATION, INC., a Florida not for profit corporation (herein "Buyer"), whose post office address is 5600 Mariner Street, Suite 200, Tampa, Florida 33609, (collectively "Parties"), hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION See Exhibit “A” 2. FULL PURCHASE PRICE ..................................…………………………………… $ 137,000.00 3. MANNER OF PAYMENT: Wire transfer in U.S. funds at time of closing ………… $ 137,000.00 4. PURCHASE PRICE The full Purchase Price as shown herein has been reached through negotiations with the Buyer by City staff. James Millspaugh and Associates, Inc. performed an appraisal of the Property on behalf of the Seller. 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by Buyer, 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 Buyer within 10 days thereafter. If a counter-offer is approved by the Council, it shall be delivered to Buyer in writing within 10 days of such action by the City Council, and Buyer shall have 10 days thereafter to deliver to Seller 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 Buyer, 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 Buyer shall be so informed in writing within 5 days of such action. Contingencies: The sale proposed in this contract shall be contingent upon: (1) City Council approval of an ordinance which vacates that certain portion of public right-of-way of Damascus Road, formerly known as Bostrom Road, acquired by the City per Resolution No. 64-90 of the City of Clearwater, Florida as recorded in Official Records Book 1936, Page 522 of the Public Records of Pinellas County, Florida (as more particularly described in Exhibit “B” attached hereto and incorporated herein) and an Ingress and Egress Easement as recorded in Official Records Book 9551, Page 1433 of the Public Records of Pinellas County, Florida (as more particularly described in Exhibit “C” attached hereto and incorporated herein), (2) The declaration of the Property as surplus by City Council for [GM17-1420-212/218719/1] Page 2 of 7 conveyance to the adjoining property owner in accordance with the City of Clearwater Code of Ordinances/Charter. 6. TITLE Seller warrants legal capacity to and shall convey marketable title to the Property by Special Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, 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 Buyer's intended use of the Property. 7. TITLE EVIDENCE Seller shall, at Seller expense and within 15 days prior to closing date deliver to Buyer 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 Seller at or before closing. Seller shall convey a 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. Buyer shall have 5 days from receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. 8. SURVEY Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer by a registered Florida land surveyor. If survey shows any encroachment on Real Property, 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 include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE Seller 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, 2018 but in no case later than 120 days following the effective date hereof, unless extended by other provisions of this contract including but not limited to time allotted for the removal of title defects as provided for in Paragraph 7 above. 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 [GM17-1420-212/218719/1] Page 3 of 7 effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Seller 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. 11. CLOSING EXPENSES Pursuant to Chapter 201.24, Florida Statutes, Seller is exempt from paying documentary stamps on the deed. Buyer shall pay the cost for documentary stamps if applied to this transaction. Recordation of the deed shall be paid by Buyer. Seller shall pay the costs of recording any corrective instruments. 12. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through the day prior to closing and deliver same to the Pinellas County Tax Collector. 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 by Seller in trust for third parties in occupancy of the Property shall be credited to Buyer at time of closing. 13. OCCUPANCY Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein and the Property shall not be rented or occupied beyond closing. If occupancy is to be delivered before closing, Buyer 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 condition as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. LEASES Seller warrants that there are no leases encumbering the Property and Seller will not enter into a lease for the Property during the duration of this Contract. 15. PROPERTY CONDITION Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than is disclosed herein in Paragraph 20 (“SELLER WARRANTIES”) and marketability of title. Buyer’s covenant to purchase the Property “as is” is more specifically represented in the following paragraph. a. As Is With Right of Inspection: Buyer may, at Buyer expense within forty-five (45) days following the effective date hereof ("Inspection Period"), conduct inspections, tests, environmental and any other [GM17-1420-212/218719/1] Page 4 of 7 investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use. Upon Seller’s execution hereof, Seller shall grant reasonable access to the Property to Buyer, 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. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer. In the alternative, at the Buyer’s sole discretion, if Seller offers to repair or otherwise remedy such conditions to Buyer satisfaction, Buyer may accept such offer; or Buyer, at its option, may elect to accept a credit at closing of the total estimated repair costs as determined by a licensed general contractor of Buyer's selection and expense. If Buyer terminates this contract, and this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may conduct a final "walk-through" inspection of the Property to determine compliance with any Seller obligations 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. RISK OF LOSS If the Property is damaged by fire or other casualty before closing, Buyer shall have the option of either taking the Property "as is", together with any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. 18. PROCEEDS OF SALE; CLOSING PROCEDURE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller'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 Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall vacate the Property and re-convey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer 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. (2014), as amended. 19. DEFAULT [GM17-1420-212/218719/1] Page 5 of 7 If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance or unilaterally cancel this agreement upon giving written notice to Buyer. 20. SELLER WARRANTIES Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: (Specify known defects. If none are known, write “NONE”) ___________________ Buyer shall have the number of days granted in Paragraph 15(a) above ("Inspection Period") to investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. 21. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (2014), as amended, Buyer 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. 22. 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. 23. 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. 24. ASSIGNABILITY; PERSONS BOUND [GM17-1420-212/218719/1] Page 6 of 7 This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 25. ATTORNEY FEES; COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 26. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 27. BROKER REPRESENTATION Neither Party hereto is represented by a Licensed Real Estate Broker upon the execution hereof. Should either Party choose to obtain the services of a License Real Estate Broker, the Party obtaining such services shall be responsible for any Broker fee or expense due to said Broker. 28. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to affect 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. 29. 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. 30. 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. 31. ENTIRE AGREEMENT Upon execution by Seller and Buyer, 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. [GM17-1420-212/218719/1] Page 7 of 7 EXECUTED this _____ day of ________________________, 2018 by Buyer. DRS. KIRAN & PALLAI PATEL FAMILY FOUNDATION, INC. By: ______________________________________ Pallavi K. Patel APPROVED BY SELLER & EFFECTIVE this _____ day of _________________________, 2018. THE 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 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4515 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.4 SUBJECT/RECOMMENDATION: Declare surplus certain real property formerly used as City right-of-way located in Section 16, Township 29 South, Range 16 East for the purpose of sale to the abutting property owner and authorize the appropriate officials to execute same. (APH) SUMMARY: May 18, 1964, City of Clearwater acquired the title to the right-of-way of Damascus Road, formerly known as Bostrom Road, per Resolution No. 64-90 of the City of Clearwater, Florida, as recorded in Official Records Book 1936, Page 522 of the Public Records of Pinellas County, Florida. This property is approximately 17,960 square feet and was used to provide access to former Clearwater Christian College campus. April 4, 2018, by Jim Millspaugh and Associates performed an independent appraisal of the property. This appraisal report determined that the fair market value is $137,000. This item is a prerequisite to the Contract for Sale of Real Property between the City of Clearwater and Drs. Kiran and Pallavi Patel Family Foundation, Inc, who recently acquired the adjacent property, formerly known as the Clearwater Christian College. Per City Charter 2.01, when the property declared surplus is vacated right-of-way, in which the city owns the fee interest and the vacated right-of-way is abutted by a single property owner, no competitive bid shall be required; and the city may sell the property to the abutting property owner for not less than fair market value. Page 1 City of Clearwater Printed on 4/30/2018 S44°38'51"W 392.80'(D) S80°52'25"W 345.42'(D) S82°35'34"W 47.12'(D)S89°45'39"W Denotes Damascus Road Right-of-Way S89°30'50"E(D) 524.48'(C)S43°23'49"W 763.40'(D)S00°00'00"W(D) 280.49'(C)Denotes Damascus Road Right-of-Way Survey utilized for City's calculation of Right-of-Way is "ALTA/NSPS Land Title Survey for 3400 Gulf-to-Bay Boulevard " performed by VisionLand Service, Dated 12/2/16. Calculated Area - 17,960 Square Feet Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4516 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.5 SUBJECT/RECOMMENDATION: Approve a Contract for Sale of Real Property in the amount of $137,000 between the City of Clearwater and Drs. Kiran and Pallavi Patel Family Foundation, Inc. for city-owned property formerly used as a portion of Damascus Road and authorize the appropriate officials to execute same, together with all other instruments necessary to affect closing. SUMMARY: May 18, 1964, City of Clearwater acquired the title to the right-of-way of Damascus Road, formerly known as Bostrom Road, per Resolution 64-90 of the City of Clearwater, Florida, as recorded in Official Records Book 1936, Page 522 of the Public Records of Pinellas County, Florida. This portion is approximately 17,960 sq. ft. and traverses through Drs. Kiran and Pallavi Patel Family Foundation, Inc.’s recently acquired property, formerly known as the Clearwater Christian College. The size and shape, of this city-owned land, impose limitations on potential land uses. Any meaningful development of this property will most likely require the adjacent lands. April 4, 2018, Jim Millspaugh and Associates performed an independent appraisal of the property. This appraisal report determined that the fair market value is $137,000. Per City Charter 2.01, when the property declared surplus is vacated right-of-way in which the city owns the fee interest and the vacated right-of-way is abutted by a single property owner, no competitive bid shall be required; and the city may sell the property to the abutting property owner for not less than fair market value. This contract is contingent upon two pre-requisites. The first being City Council’s approval of an ordinance which vacates that certain portion of public right-of-way of Damascus Road, formerly known as Bostrom Road, acquired by the City per Resolution 64-90 of the City of Clearwater, Florida as recorded in Official Records Book 1936, Page 522 of the Public Records of Pinellas County, Florida, and an Ingress and Egress Easement as recorded in Official Records Book 9551, Page 1433 of the Public Records of Pinellas County, Florida. The second pre-requisite being the declaration of the City Property as surplus by City Council for conveyance to the adjoining property owner in accordance with the City of Clearwater Code of Ordinances/Charter. Page 1 City of Clearwater Printed on 4/30/2018 CONTRACT FOR SALE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Seller" or "City"), whose post office address is 112 South Osceola Avenue, Clearwater, FL 33756, and DRS. KIRAN AND PALLAVI PATEL FAMILY FOUNDATION, INC., a Florida not for profit corporation (herein "Buyer"), whose post office address is 5600 Mariner Street, Suite 200, Tampa, Florida 33609, (collectively "Parties"), hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION See Exhibit “A” 2. FULL PURCHASE PRICE ..................................…………………………………… $ 137,000.00 3. MANNER OF PAYMENT: Wire transfer in U.S. funds at time of closing ………… $ 137,000.00 4. PURCHASE PRICE The full Purchase Price as shown herein has been reached through negotiations with the Buyer by City staff. James Millspaugh and Associates, Inc. performed an appraisal of the Property on behalf of the Seller. 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by Buyer, 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 Buyer within 10 days thereafter. If a counter-offer is approved by the Council, it shall be delivered to Buyer in writing within 10 days of such action by the City Council, and Buyer shall have 10 days thereafter to deliver to Seller 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 Buyer, 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 Buyer shall be so informed in writing within 5 days of such action. Contingencies: The sale proposed in this contract shall be contingent upon: (1) City Council approval of an ordinance which vacates that certain portion of public right-of-way of Damascus Road, formerly known as Bostrom Road, acquired by the City per Resolution No. 64-90 of the City of Clearwater, Florida as recorded in Official Records Book 1936, Page 522 of the Public Records of Pinellas County, Florida (as more particularly described in Exhibit “B” attached hereto and incorporated herein) and an Ingress and Egress Easement as recorded in Official Records Book 9551, Page 1433 of the Public Records of Pinellas County, Florida (as more particularly described in Exhibit “C” attached hereto and incorporated herein), (2) The declaration of the Property as surplus by City Council for [GM17-1420-212/218719/1] Page 2 of 7 conveyance to the adjoining property owner in accordance with the City of Clearwater Code of Ordinances/Charter. 6. TITLE Seller warrants legal capacity to and shall convey marketable title to the Property by Special Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, 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 Buyer's intended use of the Property. 7. TITLE EVIDENCE Seller shall, at Seller expense and within 15 days prior to closing date deliver to Buyer 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 Seller at or before closing. Seller shall convey a 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. Buyer shall have 5 days from receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. 8. SURVEY Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer by a registered Florida land surveyor. If survey shows any encroachment on Real Property, 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 include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE Seller 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, 2018 but in no case later than 120 days following the effective date hereof, unless extended by other provisions of this contract including but not limited to time allotted for the removal of title defects as provided for in Paragraph 7 above. 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 [GM17-1420-212/218719/1] Page 3 of 7 effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Seller 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. 11. CLOSING EXPENSES Pursuant to Chapter 201.24, Florida Statutes, Seller is exempt from paying documentary stamps on the deed. Buyer shall pay the cost for documentary stamps if applied to this transaction. Recordation of the deed shall be paid by Buyer. Seller shall pay the costs of recording any corrective instruments. 12. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through the day prior to closing and deliver same to the Pinellas County Tax Collector. 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 by Seller in trust for third parties in occupancy of the Property shall be credited to Buyer at time of closing. 13. OCCUPANCY Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein and the Property shall not be rented or occupied beyond closing. If occupancy is to be delivered before closing, Buyer 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 condition as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. LEASES Seller warrants that there are no leases encumbering the Property and Seller will not enter into a lease for the Property during the duration of this Contract. 15. PROPERTY CONDITION Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than is disclosed herein in Paragraph 20 (“SELLER WARRANTIES”) and marketability of title. Buyer’s covenant to purchase the Property “as is” is more specifically represented in the following paragraph. a. As Is With Right of Inspection: Buyer may, at Buyer expense within forty-five (45) days following the effective date hereof ("Inspection Period"), conduct inspections, tests, environmental and any other [GM17-1420-212/218719/1] Page 4 of 7 investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use. Upon Seller’s execution hereof, Seller shall grant reasonable access to the Property to Buyer, 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. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer. In the alternative, at the Buyer’s sole discretion, if Seller offers to repair or otherwise remedy such conditions to Buyer satisfaction, Buyer may accept such offer; or Buyer, at its option, may elect to accept a credit at closing of the total estimated repair costs as determined by a licensed general contractor of Buyer's selection and expense. If Buyer terminates this contract, and this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may conduct a final "walk-through" inspection of the Property to determine compliance with any Seller obligations 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. RISK OF LOSS If the Property is damaged by fire or other casualty before closing, Buyer shall have the option of either taking the Property "as is", together with any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. 18. PROCEEDS OF SALE; CLOSING PROCEDURE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller'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 Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall vacate the Property and re-convey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer 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. (2014), as amended. 19. DEFAULT [GM17-1420-212/218719/1] Page 5 of 7 If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance or unilaterally cancel this agreement upon giving written notice to Buyer. 20. SELLER WARRANTIES Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: (Specify known defects. If none are known, write “NONE”) ___________________ Buyer shall have the number of days granted in Paragraph 15(a) above ("Inspection Period") to investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. 21. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (2014), as amended, Buyer 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. 22. 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. 23. 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. 24. ASSIGNABILITY; PERSONS BOUND [GM17-1420-212/218719/1] Page 6 of 7 This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 25. ATTORNEY FEES; COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 26. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 27. BROKER REPRESENTATION Neither Party hereto is represented by a Licensed Real Estate Broker upon the execution hereof. Should either Party choose to obtain the services of a License Real Estate Broker, the Party obtaining such services shall be responsible for any Broker fee or expense due to said Broker. 28. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to affect 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. 29. 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. 30. 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. 31. ENTIRE AGREEMENT Upon execution by Seller and Buyer, 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. [GM17-1420-212/218719/1] Page 7 of 7 EXECUTED this _____ day of ________________________, 2018 by Buyer. DRS. KIRAN & PALLAI PATEL FAMILY FOUNDATION, INC. By: ______________________________________ Pallavi K. Patel APPROVED BY SELLER & EFFECTIVE this _____ day of _________________________, 2018. THE 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 Exhibit "A" Exhibit "A" Exhibit "A" Exhibit "B" Exhibit "B" Exhibit "B" Exhibit "C" Exhibit "C" Exhibit "C" Exhibit "C" Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4554 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.6 SUBJECT/RECOMMENDATION: Provide direction on Harbor Oaks brick crosswalks. (WSO) SUMMARY: N/A APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 4/30/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4504 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve an annual blanket purchase order (contract) to Toter Incorporated of Statesville, NC for residential container purchases in accordance with City Code of Ordinances, Section 2.564, Exceptions to bid and quotation procedure (d) authorizing use of contracts previously awarded by other governmental entities, in the annual amount of $175,000 with four one-year renewal terms at the City’s option, as required by the Solid Waste Department, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Solid Waste Department collects refuse and recycling from our residential customers in 64 and 96-gallon plastic containers. In 2012, the department switched the type of residential container used to collect solid waste and recycling to this Toter product due to price, warranty and durability of their product. Toter Incorporated is being recommended again because of their durability, uniformity with the containers currently issued, and the ability to be stacked after they are completely assembled due to our limited storage space. These carts are rotationally molded and made from medium density polyethylene which resists cracking and deformation much better than injection molded containers. The Toter contract is available via piggyback through the National IPA, bid by the City of Tucson, AZ, and authorized for use by the City Code of Ordinances, as referenced above. The multi-agency aggregate volume on this contract affords the City competitive pricing we would not be able to obtain through a bid of our own. The National IPA Toter Contract 171717-01 is effective February 1, 2018 through January 31, 2019 with the option to renew for four additional one-year periods through January 21, 2023. The contract provides for carts/containers in different sizes and colors, as well as incorporating custom markings. Staff requests authorization of the initial one-year term (February 2018 - January 2019) and four one-year renewals. APPROPRIATION CODE AND AMOUNT: Funds are available as part of the FY 2017/18 and FY 2018/19 Capital Improvement Project budgets for Solid Waste and Recycling: ·0-315-96443-550400-534-000-0000 (Solid Waste Residential Container Acquisition - Operating Supplies & Materials) ·0-315-96804-550400-534-000-0000 (Recycling Container Acquisition - Operating Page 1 City of Clearwater Printed on 4/30/2018 File Number: ID#18-4504 Supplies & Materials) Page 2 City of Clearwater Printed on 4/30/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4572 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Provide direction regarding the hire of additional school resource officers in order to comply with the Marjory Stoneman Douglas High School Public Safety Act. SUMMARY: In the wake of the shooting incident, which occurred at Marjory Stoneman Douglas High School on February 14, 2018, the Florida Legislature passed Senate Bill 7026 (the Marjory Stoneman Douglas HS Public Safety Act). The bill was signed by Governor Scott on March 9, 2018. The bill contains several pertinent requirements for law enforcement, which will impact the City of Clearwater and the Clearwater Police Department. Fundamentally, this legislation requires each district school board to partner with law enforcement agencies to “establish or assign one or more safe school officers at each school facility within the district” by implementing a combination of options which best meet the needs of the school district; the definition of school facility includes Charter schools. Those options include mutual aid agreements, implementing a School Marshall Program, or assigning a School Resource Officer (SRO). The Pinellas School District has already determined that the School Marshall Program will not be implemented in Pinellas County and has chosen to expand the use of School Resource Officers throughout Pinellas County. Additional duties impacting law enforcement, which are outlined within the legislation, include providing general security, site risk assessments, monthly emergency preparedness drills, and threat assessments relating to the campus. This legislation also requires that School Resource Officer(s) are present whenever students are present for school. This will require additional relief personnel to provide law enforcement presence whenever the School Resource Officer is not on campus for either work-related or personal reasons (i.e., for example: required court appearances, making arrests, training, sick leave, etc.). The Pinellas Sheriff and all Pinellas County Chiefs of Police have identified the relief factor of 1.2 to be applied to all Pinellas County School Resource Officer positions, to adequately provide security at these facilities in the absence of the assigned School Resource Officer. Additionally, Pinellas County has identified the appropriate SRO/Student ratio to be 1 officer per 1,500 students. The Clearwater Police Department currently has 3 permanently assigned School Resource Officers. They are assigned to the following schools: ·Oak Grove Middle School ·Countryside High School ·Clearwater High School. Supervision of these officers is currently accomplished through 1 sergeant, who is also assigned other duties unrelated to the School Resource Officer Program. Based upon this legislation and related mandates, the Clearwater Police Department would be required to supply School Resource Officers to the following: 1.Belleair Elementary 2.Eisenhower Elementary 3.Leila Davis Elementary 4.Sandy Lane Elementary Page 1 City of Clearwater Printed on 4/30/2018 File Number: ID#18-4572 5.Skycrest Elementary 6.Plumb Elementary 7.Kings Highway Magnet 8.Plato Clearwater 9.Clearwater Fundamental 10.Countryside High School (one additional SRO, based upon student population) 11.Clearwater High School (one additional SRO, based upon student population) 12.Relief Officer (based upon established ratio) 13.Relief Officer (based upon established ratio). A supervisor will also be necessary to manage these additional positions and responsibilities. This brings the total additional needed personnel to comply with the legislation to 14 FTEs (Full Time Equivalent). There are two additional schools (Calvin Hunsinger and Clearwater Intermediate) which are within city boundaries. However, the Pinellas County School Board Police Department has agreed to maintain officer(s) at these facilities at the required ratios. Cost and Budgetary Implications: The legislation creates requirements of law enforcement state-wide which are largely unfunded. Currently, the Pinellas County School Board provides a portion of funding of the Police Department’s current School Resource Officers, at a rate of $57,944.64 per officer, for a total of $173,833.92 during the existing school year. The Police Department provides funding for the remainder of the employee salary and benefits through Florida Contraband Forfeiture Funds in the amount of $124,939.00. The Pinellas County School Board proposes providing funding, consistent with the current rate, for new School Resource Officer positions created as a result of this legislation. However, relief positions, supplemental positions (based upon student population), and supervisory positions are exempt from reimbursement. There is insufficient funding within the Florida Contraband Forfeiture Fund to provide funding for, or maintain funding for, these additional officers. Furthermore, the Marjory Stoneman Douglas High School Public Safety Act does not provide funding for the costs associated with providing essential law enforcement equipment for these required positions. Currently, the equipment costs associated with an individual officer total $55,808.03, as outlined in the below table. Total equipment costs for 14 officers equals $781,312.42. The Police Department does not possess sufficient funding to absorb these costs within its current operating budget. Category Costs #Total Laptop $1,200.00 14 $16,800.00 Remote Access (Data)$240.00 14 $3,360.00 Smart Phone Monthly Fees $864.00 14 $12,096.00 Portable Radio $1,507.00 14 $21,098.00 Uniforms & Equipment $1,114.81 14 $15,607.34 Bullet Resistant Vest $750.00 14 $10,500.00 Issued Firearm $850.00 14 $11,900.00 AR15 Rifle $1,420.00 14 $19,880.00 Taser $1,500.00 14 $21,000.00 Police Vehicle $32,855.00 14 $459,970.00 Vehicle Upfitting $9,000.00 14 $126,000.00 Vehicle Radio $4,507.22 14 $63,101.08 Grand Total $55,808.03 $781,312.42 The demand for these officers will require the Police Department to incentivize individuals to accept or request assignment to these positions. The Police Department proposes additional compensation to officers assigned to School Resource Officer positions at 5 percent of the officer’s salary. For an officer in Step One of the current contract between the City of Clearwater and the Fraternal Order of Police, Lodge 10, this equates to $2,662.67 annually. Under current contract, officers assigned to these positions receive a $40.00-stipend per pay period, which equates to $1,040.00 annually. Based on these factors, the costs personnel and equipment costs associated with an individual officer within Step One of the contract would be: Note: Though the Step One Officer salary used to approximate the financial impact of these positions, the Page 2 City of Clearwater Printed on 4/30/2018 File Number: ID#18-4572 Police Department does not intend to place newly hired officers into these assignments, as this would impede employee development and not provide appropriate officer experience within these critical settings. Currently, the City is entering negotiations with the Fraternal Order of Police, Lodge 10, and the future personnel costs, based upon these negotiations, are not known. The below chart outlines the costs associated with the salary and equipment costs of the 14 additional positions needed to comply with the mandates outlined in the Marjory Stoneman Douglas HS Public Safety Act: The below chart outlines the costs associated with the 3 existing School Resources Officers when coupled with the salary and equipment costs of the 14 additional positions needed to comply with this mandate: Because of these mandates, the Police Department seeks approval for the following: ·Increase the allotted FTEs assigned to the Police Department by 14 positions as outlined above (13 Police Officers / 1 Police Sergeant), allowing the Police Department to begin hiring and training these personnel immediately. ·Purchase of 8 additional Police Ford Explorer vehicles in the current fiscal year, and 6 additional Police Ford Explorers in the 2018/2019 fiscal year. ·Based upon the anticipated need for law enforcement equipment and vehicles throughout the State of Florida (as all law enforcement agencies endeavor to comply with this statute), authorize the immediate purchase of law enforcement equipment directly related to the hiring of the above personnel, with vendors to include, but not limited to, the following: o Allen Jay Fleet Sales, Inc. (not to exceed $265,000.00); o Communications International, Inc. (not to exceed $65,000.00); o Enforcement One, Inc. (not to exceed $80,000.00); o Axon, Inc. (not to exceed $25,000.00); o Florida Bullet, Inc.; o Galls, Inc; o Signal 15, Inc. ·Authorize an increase in the Police Department’s operating budget, to incorporate the associated increase in personnel and related costs, not to exceed $400,332: o The cost of these new positions, for the remainder of the current 2017/2018 fiscal year, equates to: $383,487.98 o It is anticipated the Police Department will be required to increase the number of Field Training Personnel by 5 additional full-time training officers. Based upon existing contracts, these personnel received 5 percent additional pay of their base salary when training. This amount is approximated at: $16,843.70. APPROPRIATION CODE AND AMOUNT: A third quarter budget will amend Police Department cost center 0101138, School Resource Officers, by expenditures to date, not to exceed $909,000 offset with revenues from General Fund Reserves. USE OF RESERVE FUNDS: Funding for this contract will be provided by a third quarter budget amendment allocating General Fund reserves in an amount not to exceed $909,000 for expenditures to date for staffing and costs associated with the increase of SRO’s as required by mandates resulting from the Marjory Stoneman Douglas HS Public Safety Act. Inclusive of this item if approved, a net total of $8,400,630 of General Fund reserves has been appropriated by Council to fund expenditures in the 2017/18 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve requirement is approximately $8.4 million, including the BP settlement funds. Exclusive of the BP funds, the remaining balance is $1.9 million, or 1.4% of the current General Fund operating budget. Page 3 City of Clearwater Printed on 4/30/2018 1 SCHOOL RESOURCE OFFICER AGREEMENT FOR ELEMENTARY SCHOOLS THIS AGREEMENT, made and entered into this ___ day of __________, 2018, between the SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA (referred to herein as the "Board"), and THE CITY OF CLEARWATER, (referred to herein as “Clearwater P.D.” or “City”), is for the services to be provided by the Clearwater P.D. for the School Resource Officer Program (“SRO Program”). W I T N E S S E T H: WHEREAS, the parties hereto value the collaboration and cooperation fostered by the SRO Program and believe that all of society benefits when the safety of children is improved, where the threat of crime and disorder is reduced, the learning environment is improved, and the true mission of teachers becomes more achievable; and WHEREAS, the SRO Program provides an opportunity for students and law enforcement officers to have positive interaction with one another which enhances law enforcement officers’ service to the community, and WHEREAS, the Board and the City intend to provide law enforcement and related services to the public schools of Pinellas County as hereafter described, and in accordance with the provisions of SB 7026 (2018), and WHEREAS, the Board and Clearwater P.D. will mutually benefit from the SRO Program.; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I. The Obligations of Clearwater P.D. and the SROs are as follows: A. Provision of Supplemental and Temporary School Resource Officers. In order to comply with the requirements § 1006.12 F.S., and until such time as the Board has hired law enforcement personnel to assign to each of the ten (10) elementary schools and two (2) high schools within the jurisdiction of the City, the Chief of Clearwater P.D. will assign a regularly employed officer to each of the following elementary schools: 1. Belleair Elementary School 2. Clearwater Fundamental 3. Eisenhower Elementary School 4. Kings Highway Elementary School 5. Leila Davis Elementary School 6. Plumb Elementary School 7. Sandy Lane Elementary School 8. Skycrest Elementary School 9. Countryside High School – 2nd SRO 10. Clearwater High School – 2nd SRO 2 The Board will provide the Chief of Clearwater P.D. at least 30 days written notice of its intent to assume responsibility of assigning an SRO employed by the Board to replace the SRO serving at the elementary schools listed above. B. Designation and Selection of School Resource Officers. SROs have a dual role at the schools in which they serve. They serve as law enforcement officers and as “school officials” who may have a legitimate educational interest in information contained in the education records within the meaning of 20 U.S.C. §1232g and F.S. §1002.221. The Chief of Clearwater P.D., or his designee, in consultation with the Principal of the school to which the SRO will be assigned shall select the SRO on the basis of the following criteria. 1. The SRO must have the ability to deal effectively with students. The ages, socioeconomic, and cultural composition of the students of the particular school should be considered in making this evaluation. 2. The SRO must have the ability to present a positive image and symbol of the entire police agency. A goal of the SRO Program is to foster a positive image of police officers among young people. Therefore, the personality, grooming, and communication skills of the SRO should be of such nature so that a positive image of the police agency is reflected. The SRO should sincerely want to work with the staff and students at the particular school to which he or she is assigned. 3. The SRO must have the ability to provide good quality educational services in the area of law enforcement. The education, background, experience, interest level and communication skills of the SRO must be of high caliber so that the SRO can effectively and accurately provide resource teaching services. The SRO will spend as much time as practical in classroom instruction, dependent upon time constraints and workload. The SRO and the Principal will formulate an acceptable plan consistent with the circumstances and the needs of the school. 4. The SRO must have the desire and ability to work cooperatively with the Principal and his administrative staff. 5. The SRO must be a state certified Law Enforcement Officer. C. Regular Duty Hours/Absences of the School Resource Officers. 1. The SRO will be assigned to his/her school on a full-time basis of eight (8) hours on those days and during those hours that school is in session. The SRO’s specific duty hours shall be determined by the SRO supervisor in consultation with the principal, to reflect the needs of the individual school. In each case the agency shall ensure that SROs are present during regular school hours, and those routine duties that require an absence from campus should be accomplished either prior to or after regular school hours. The SRO may be temporarily reassigned only during the period of a law enforcement emergency as such may be determined to exist, by the Chief of Clearwater P.D. 2. If it is necessary for the assigned SRO to be absent from school for less than a full day, the SRO will notify the Principal and provide instructions on how emergency police 3 service may be obtained in his/her absence. If it is necessary for the assigned SRO to be absent from school for a full day or more, the Clearwater P.D. shall supply a substitute SRO. D. Training for School Resource Officers. Prior to July 1 of each year, the Board will identify the number and dates of training days to be attended by School Resource Officers. The Board and the Chief of Clearwater P.D. will jointly determine the topics, curriculum and delivery of the training incorporating all recommendations made by the School Safety Specialist appointed pursuant to F.S. § 1006.07 (6) in order to ensure implementation of all policies and procedures necessary for school safety and security. E. Duties of School Resource Officers. While on duty, the SRO shall perform the following duties: 1. Speak to classes on the law, including search and seizure, criminal law, motor vehicle law, and other topics when assigned to speak by the Principal. 2. Act as a resource person in the area of law enforcement education at the request of the Principal. 3. Conduct criminal investigations of violations of law on School Board property. The Clearwater Police Department and the District agree that petty acts of misconduct and misdemeanors, including, but not limited to, minor fights or disturbances, should ordinarily not be referred to law enforcement for prosecution and should not ordinarily result in a student arrest. The District encourages schools to use alternatives to expulsion or referral to law enforcement agencies unless the use of such alternatives will pose a threat to school safety. Individual SRO’s are encouraged to exercise discretion and to divert student offenders to school based discipline or community based diversion where appropriate and authorized by department policy and applicable law. 4. Provide school-based security and maintain the peace on School Board property, to include in assisting with the development, implementation and evaluation of security programs/crisis plans in their assigned school when requested. 5. Make arrests and referrals of criminal law violators. 6. Appear at State Attorney investigations, depositions, trials and sentencing. 7. Provided that there is law enforcement coverage, transport to the Pinellas County Juvenile Assessment Center (PJAC), Juvenile Addiction Receiving Facility (JARF), and County Jail. 8. Coordinate Emergency Medical Service (EMS) at the request of the Principal, or his/her designee. 9. Receive and dispatch complaints via telephone, walk-in and radios. 10. Develop, implement, and evaluate security programs in the school assigned. 4 11. Coordinate with school administrators, faculty and staff, law enforcement agencies, and courts to provide school-based security to maintain the peace and promote order on the school campuses. 12. Cooperate with Pinellas County Schools Police in connection with the creation and maintenance of all records, including security and surveillance camera recordings whether recorded by video tape, digital or other medium, and whether recorded at a school site or school bus, witness or suspect statements, interviews or other documents made in connection with the law enforcement duties set forth in this Agreement. Such records shall constitute “law enforcement records” within the meaning of 34 CFR § 99.8(b) (l)(i)-(iii). When such records are made available to school administration for disciplinary or other legitimate educational purposes they shall also constitute confidential student records subject to the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g; 34 CFR Part 99, and §§1002.22, 1002.221, F.S. The SRO shall comply with all laws and policies applicable to such records in both their law enforcement and student record capacities. 13. Maintain a file on property reported lost and/or stolen at the SRO’s school. 14. Provide counseling or referrals to students as needed. 15. Secure, handle and preserve evidence. 16. Recover School Board property through working with other police agencies. 17. Make referrals to social agencies. 18. Relay messages in emergency situations (such as, tornadoes, or hurricanes) 19. Provide special truancy investigations and prepare for prosecution. 20. Coordinate investigation of bus stop incidents. 21. Wear the official police uniform which shall be provided at the expense of the law enforcement agency; however, civilian attire may be worn on such occasions as may be mutually agreed upon by the Principal and the SRO supervisor. 22. Perform such other duties as mutually agreed upon by the Principal and the SRO, so long as the performance of such duties are legitimately and reasonably related to the SRO Program as described in this Agreement, and so long as the duties are consistent with State and Federal law and the policies and procedures of the Clearwater P.D. 23. Follow and conform to the School Board Policy Manual, which is available at each school site and F.S. §1006.12, that does not conflict with the policies and procedures of the Clearwater P.D. The parties to this agreement shall abide by all Federal and State Civil Rights legislation including the Civil Rights Act of 1964 and its’ subsequent amendments. 24. Provide a Monthly Activities Report or such other report regarding his/her activities, as may be required by the Superintendent or designee. A copy of the report shall be provided to the principal on a monthly basis. 25. Participate as an active part of the school's administrative team 5 including the Threat Assessment Team created under F.S. § 1007.07 (7). Their duties as a team member reflect their agency's directions and lend their expertise to the review of activities, duty assignments, scheduling and identification of potential problems. 26. The Clearwater Police Department will provide an opportunity for Principals to provide input on the SRO’s performance. F. Support Services to be Provided by Clearwater P.D. The Clearwater P.D. shall supply the following support services for SROs: 1. Maintain and file Uniform Crime Reporting (UCR) records according to law. 2. Maintain a dispatch log, consistent with accepted law enforcement management practices. 3. Provide copies of all reports taken by the School Resource Officer to the Pinellas County Schools Police, upon request, as the law allows. 4. Provide each SRO with a patrol automobile and all other necessary or appropriate police equipment. The cost of purchasing, maintaining, and repairing police equipment provided under this agreement shall be borne by the Clearwater P.D. 5. Maintain copies of reports generated by officers in compliance with State and Federal laws. 6. Maintain fingerprints and photographs of arrestees in compliance with State and Federal laws. ARTICLE II. Relationship of SROs to Board and Clearwater P.D. The SRO shall be an employee of the Clearwater P.D. and not an employee of the Board. The Clearwater P.D. shall be responsible for the hiring, training, discipline, and dismissal of its personnel. Board employees shall report allegations of improper conduct to the SRO’s immediate supervisor or to the department’s internal affairs section. Board employees shall not conduct an internal investigation of alleged improper conduct on the part of the SRO. ARTICLE III. Charges for SRO Services. In consideration of the services provided herein, the Board shall pay to the City of Clearwater the sum of $58,000 (Fifty Eight Thousand Dollars) for each of the ten (10) SRO’s assigned to the elementary schools identified in Article I A herein for a total sum payable annually under this Agreement of $580,000 (Five Hundred Eighty Thousand Dollars). This amount shall be paid monthly in twelve payments beginning July 1, 2018, in the amount of $48,333.33 (Forty Eight Thousand Three Hundred Thirty Three Dollars and Thirty Three Cents), provided however, that the monthly cost to the Board will be reduced as Pinellas Schools Police are hired and assigned to replace the SRO’s employed by the City. The parties agree that in the event the Board approves an increase to the salary of Pinellas County Schools Police during the term of this Agreement, the same percentage increase will be applied to increase the amount payable per SRO. 6 To the extent that security services are provided by Clearwater P.D. at school functions occurring after regular school hours, Clearwater P.D. shall be paid in accordance with the Clearwater P.D. salary policy and procedures. The school at which such services are provided, shall be billed for such services within thirty (30) days from the date of service, and any services provided during May shall be submitted no later than the 15th of June. ARTICLE IV. Problem Resolution. The parties, their agents and employees will cooperate in good faith in fulfilling the terms of this Agreement. Unforeseen difficulties or questions will be resolved by negotiation between the Superintendent, the Board and the Chief, or their designees. ARTICLE V. Amendments. This Agreement may be amended by the chief administrative officers of the parties. Any amendment shall be reduced to writing and signed by the Chief of Clearwater P.D. and the Superintendent of Pinellas County Schools. ARTICLE VI. Transfer of SROs. Both the School Board and Clearwater P.D. desire to avoid the transfer of an SRO at the request of a principal. Therefore, except in egregious circumstances when the SRO’s behavior warrants immediate removal, the following procedures must be followed: A. Principals should engage in good personnel management practices to include discussing any issues or concerns with the SRO first, followed by consultation with the SRO’s supervisor if necessary. B. If, after sufficient time has been given for the SRO to modify his/her performance, and concerns still exist, then the Principal will recommend to the Area Superintendent that the SRO be transferred from the school, stating the reasons for the recommendation in writing. C. Within a reasonable period of time after receiving the recommendation to remove an SRO, the Area Superintendent, or designee, will confer with the Chief, or designee, to attempt to resolve any problem that may exist between the SRO and the staff at his/her assigned school. 1. With the agreement of the Superintendent and the Chief, or their designees, the SRO, or specified members of the staff from the school, may be required to be present at that meeting. 2. If, within a reasonable amount of time, the problem cannot be resolved in the opinion of both the Superintendent and Chief, or their designees, then the SRO will be transferred from the school and a replacement will be selected, as provided elsewhere in this Agreement. This Article does not provide the SRO any rights separate and apart from those found in Clearwater P.D.’s collective bargaining agreement with its union. Only the Clearwater P.D., and 7 not individual SROs, can seek enforcement of the provisions of this Agreement. Nothing herein shall preclude the Clearwater P.D. from unilaterally transferring the SRO at its sole discretion. ARTICLE VII. Term of Agreement. The term of this Agreement shall be for eighteen months beginning July 1, 2018, and ending on December 31, 2019. ARTICLE VIII. Materials and Facilities Supplied by Board. The Board shall provide the SRO, in each school to which an SRO is assigned, the following materials and facilities necessary to the performance of duties by the SRO: A. Access to a private office which is air conditioned and properly lighted, with a telephone, to be used for general business purposes. Whenever practicable, the SRO will be provided with a private office. Upon request, SROs will be provided free access to the Board’s computer network to the extent that it is economically practicable. Clearwater P.D. will provide the computer hardware to be utilized by the SRO, although each individual school may provide such hardware in its sole discretion. If access is provided, existing school security procedures must be followed, to include secure network access for both the computer and user. Network use must conform to school board policy 7540.04, Use of Electronic Resources. B. A location for files and records which can be properly locked and secured. C. A desk with drawers, a chair, work table, filing cabinet, and office supplies (e.g. paper, pencil, pens, etc.). D. Access to a typewriter and/or secretarial assistance. E. The SRO will be issued keys for complete access on the campus to which he/she is assigned in accordance with the school safety plan. In the event these keys are lost misplaced, or stolen through negligence, the cost of any re-keying of the facility shall be borne equally by the law enforcement agency and the Board. ARTICLE IX. Termination. This Agreement may be terminated by either party for cause upon seven (7) days written notice that the other party failed substantially to perform in accordance with the terms and conditions of this Agreement through no fault of the party initiating termination. This Agreement may be terminated without cause by either party upon thirty (30) days written notice. ARTICLE X. Defense of Legal Actions. A. Subject to the limitations contained in F.S. §111.07, the Clearwater P.D. shall defend any lawsuit filed against the Clearwater P.D. or the SRO which arises out of services performed by the Clearwater P.D. Clearwater P.D. procedures shall be followed in handling such suits. The Clearwater P.D. shall pay any judgment rendered against it according to law. Nothing contained herein shall be construed to waive the provisions of F.S. §768.28 as the same applies to both the Clearwater P.D. and the Board. 8 B. The Board shall defend any lawsuit filed against the Board which arises out of services performed by the Board. Board procedures shall be followed in handling such suits. The Board shall pay any judgment rendered against it according to law. Nothing contained herein shall be construed to waive the provisions of F.S. §768.28 as the same applies to both the Board and the Clearwater P.D. ARTICLE XI. Miscellaneous. A. Assignment. This Agreement may not be assigned without the written consent of the Clearwater P.D. and the Board. B. Severability. Should any section or part of any section of this Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable any other section or any part of any section of this contract. C. Notification. All notices, requests, demands, or other communications hereunder shall be in writing and shall be deemed to have been served as of the delivery date appearing upon the return receipt if sent by certified mail, postage prepaid with return receipt requested, at the address listed below, or upon the actual date of delivery, if hand delivered to the address below. Either party may change the below-listed address at which it receives written notices by so notifying the other party hereto in writing. Clearwater P.D. to: Copy to: Chief of Police, Clearwater P.D. City Attorney, City of Clearwater 645 Pierce St. 112 S. Osceola Ave. Clearwater, FL 33756 Clearwater, FL 33756 Board to: Copy to: Chief of Police Office of School Board Attorney Pinellas County Schools Police Pinellas County School Board 11111 S. Belcher Rd. 301 4th St. SW Largo, FL 33773 Largo, FL 33770 D. Waiver. No act or omission or commission of either party, including without limitation, any failure to exercise any right, remedy, or recourse, shall be deemed to be a waiver, release, or modification of the same. Such a waiver, release, or modification is to be effected only through a written modification to this Agreement. E. Governing Law and Venue. This Agreement is to be construed in accordance with the laws of the State of Florida. Venue for any cause of action or claim asserted by either party hereto brought in state courts shall be in Pinellas County, Florida. Venue for any action brought in Federal court shall be in the Middle District of Florida, Tampa Division. F. Headings. The paragraph headings are inserted herein for convenience and reference only, and in no way define, limit, or otherwise describe the scope or intent of any provisions hereof. 9 G. Due Authority. Each party to this Amendment represents and warrants to the other party that (I) they are duly organized, qualified and existing entities under the laws of the State of Florida, and (ii) all appropriate authority exists so as to duly authorize the persons executing this Amendment to so execute the same and fully bind the parties on whose behalf they are executing. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the _____ day of __________________, 2018. THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA By:_________________________ Attest:_________________________ Print:_______________________ Print:__________________________ Chairman Ex-Officio Secretary CITY OF CLEARWATER, FLORIDA By:________________________ Attest:_________________________ Print:______________________ Print___________________________ City Manager City Clerk Approved as to form: Sign:______________________ ________________________________ Print:______________________ Print:____________________________ School Board Attorney, City Attorney Pinellas County Schools | 1 CLEARWATER POLICE DEPT. IMPACT OF MARJORY STONEMAN DOUGLAS HIGH SCHOOL PUBLIC SAFETY ACT (SB 7026) | 2 MANDATE REQUIREMENTS | 3 ESTIMATED COSTS | 4 SCHOOL RESOURCE OFFICER PROGRAM ESTIMATED EQUIPMENT COSTS | 5 SCHOOL RESOURCE OFFICER PROGRAM COSTS PER OFFICER Position Salary 5% JAP Benefits Equip- ment Total Costs Reimburse- ment (PCSB) City Costs Officer -Step One $53,253.44 $2,662.67 $20,486.36 $55,808.03 $132,210.50 ($57,944.64) $74,265.86 | 6 SCHOOL RESOURCE OFFICER PROGRAM NEW & ORIGINAL S.R.O.s | 7 SCHOOL RESOURCE OFFICER PROGRAM SUMMARY OF PROGRAM EXPENSES • $581,870 – Total Unreimbursed Personnel Costs (Full Year) • $262,840 - Current Fiscal Year Vehicle Costs (8) • $197,130 – Fiscal Year 2018-19 Vehicle Costs (6) • $246,245 – Additional Police Equipment Costs | 8 ALTERNATIVES | 9 SCHOOL RESOURCE OFFICER PROGRAM ALTERNATIVE B • Transition existing CPD personnel to schools to comply with School Board Mandate / SB7026. • Results in significant degradation of CPD services. • Supply overtime to Patrol/CID to supplant resource diversion.  Creates difficulty for continuity of normal operations.  May result in staffing challenges for existing extra-duty assignments. | 10 SCHOOL RESOURCE OFFICER PROGRAM ALTERNATIVE B • This plan does not account, through overtime, for relief personnel. • Approximate overtime costs for twelve (12) personnel during course of the school year, plus two (2) weeks of training, is approximately $1,000,584. • Potential unfunded cost is approximately $363,193. | 11 SCHOOL RESOURCE OFFICER PROGRAM ALTERNATIVE B | 12 SCHOOL RESOURCE OFFICER PROGRAM ALTERNATIVE C • Create Part-Time Clearwater Police Department Officers to comply with School Board Mandate / SB 7026. • Would require revision of the current pension ordinance and agreement from Unions, but would allow retired personnel to return as a part-time SRO. | 13 SCHOOL RESOURCE OFFICER PROGRAM ALTERNATIVE C • Cost difference to supply a part-time Clearwater Officer for each reimbursed position is approximately $6,457.  Union contract would require entry at Step Three.  Salary and insurance benefits ($64,402) - PCSB proposed reimbursements ($57,944). | 14 SCHOOL RESOURCE OFFICER PROGRAM ALTERNATIVE C • As the PCSB proposal includes only eleven (11) new schools, remaining recurring/unfunded portion of program is approximately $310,205. • Initial capital purchase: $781,312. • Would require a minimum three (3) year agreement to maintain current funding level from PCSB. | 15 SCHOOL RESOURCE OFFICER PROGRAM ALTERNATIVE C | 16 SCHOOL RESOURCE OFFICER PROGRAM ALTERNATIVE D • Create Part-Time CPD Officers to comply with School Board Mandate / SB7026. • Would require revision of current pension ordinance and agreement from Unions, but would allow retired personnel to return in a part-time SRO role. | 17 SCHOOL RESOURCE OFFICER PROGRAM ALTERNATIVE D • Cost difference to supply a part-time Clearwater Officer for each reimbursed position is approximately $6,457.  Union contract would require entry at Step Three.  Salary and insurance benefits ($64,402) - PCSB proposed reimbursements ($57,944). | 18 SCHOOL RESOURCE OFFICER PROGRAM ALTERNATIVE D • As the PCSB proposal only includes eleven (11) new schools, remaining recurring/unfunded portion of program is approximately $181,401.  Overtime needed to ensure compliance with statute: $120,000. • Initial capital purchase: $669,696.  Vehicle purchase in 2017/2018: $197,130.  Remaining equipment cost: $203,352. • Would require a minimum three (3) year agreement to maintain current funding level from PCSB. | 19 SCHOOL RESOURCE OFFICER PROGRAM ALTERNATIVE D | 20 SCHOOL RESOURCE OFFICER PROGRAM ALTERNATIVE D | 21 SCHOOL RESOURCE OFFICER PROGRAM ALTERNATIVE E • Reject PCSB request to contract with CPD for coverage at current funding level. | 22 QUESTIONS? | 23 CLEARWATER POLICE DEPT. IMPACT OF MARJORY STONEMAN DOUGLAS HIGH SCHOOL PUBLIC SAFETY ACT (SB 7026) Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4543 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Appoint one member to the Public Art and Design Board with a term to expire April 30, 2022. SUMMARY: APPOINTMENT WORKSHEET BOARD: Public Art and Design Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater resident except for the Clearwater Arts Alliance, Inc., formerly, Clearwater Arts Foundation, and the Pinellas County Arts Council representatives MEMBERS: 7 Liaison: Parks & Recreation VICE-CHAIR: Jerri Menaul MEETING DATE: Quarterly - January, March, June, Sep. TIME/PLACE: Chambers APPOINTMENTS NEEDED: 1 THE FOLLOWING BOARD MEMBER HAS A TERM WHICH EXPIRES ON APRIL 30, 2018 AND NOW REQUIRES EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Jerri Menaul - 2052 Carriage Lane #202, 33765 - Owner Art Business Original Appointment: 1/16/14 (0 Absences in the last year) Interest in reappointment: Yes (currently serving 1st term to expire 4/30/18) (Artist - Art Business Owner) THE FOLLOWING NAMES ARE ALSO BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY. Page 1 City of Clearwater Printed on 4/30/2018 File Number: ID#18-4543 1. Jonathan Barnes - 1613 Maple St., 33765 - Humanities and Fine Arts 2. Bruce Dennis - 1851 Glenville, 33765 - Property Ownership/Management/Finance 3. Laurie Meggesin - 1600 Walnut St, 33755 - Executive Dir/School of Law 4. Meg Taylor - 1423 Pinebrook Dr., 33755 - Sales Admin Manager Zip codes of current members: 1 - 33761 1 - 33763 1 - 33764 2 - 33765 1 - 33786 Current Categories: 1 Artist - Art Business Owner; 3 Citizens; 1 General Contractor/Inspector; 1 Clearwater Arts Alliance, Inc. Page 2 City of Clearwater Printed on 4/30/2018 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: Jonathan Barnes Home Address: 1613 Maple St. Clearwater Zip 33765 Office Address: 2465 Drew St. Clearwater Zip 33765 Telephone: 727 631 7095 Telephone: 727 631 7095 Cell Phone: 727 631 7095 Email Address: jonathanbarnes101 @gmail.com How long a resident of Clearwater? 7 years Occupation: Department chair of humanities and fine arts Employer: St. Petersburg College Field of Education: Other Work Experience: Masters of Fine Arts in Ceramics Teaching lab specialist for Fine Arts at SPC BA in Graphic Design Assistant Manager at Bass Pro Shops Orlando (Fly Fishing), If retired, former occupation: Community Activities: Empty Bowls Fund raiser for RCS Pinellas, Contributing Artist for Martinis and Matisse (Clearwater Free Clinic) Other Interests: Art, fishing, cycling, brewing beer, woodwork, Board Service (current and past): Board Preference: Public Art and Design Advisory Board Municipal Code Enforcement Board Additional Comments: Thank you for your consideration, I love living in Clearwater, and would love to help steer the city to become an arts destination as St. Petersburg has done. Signature:jonathan Digitally signed by jonathan Date: 2018.01.02 13:29:19 - 0500' Date: 1 /2/2018 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: RECEIVEDCurrentvoterregistrationwithincitylimitsC Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city 1iris ' 2818 OFFICIAL RECORDS ANDLEGISLATIVESRVCSDEPT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Attend meetings and help to develop guidelines, procedures for public art and make recommendations to the arts council. 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? no. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I have been a practicing studio artist since 2005 and an arts educator since 2006. have a background in both studio art and design, my area of emphasis is ceramics, however I have a vast working knowledge of both 2D and 3D art making. 4. Why do you want to serve on this Board? As a resident of the city of Clearwater, it would be nice to be actively involved development of public art and art programming for the city of Clearwater. I have watched St. Petersburg turn into a true arts destination, and would love to see Clearwater become the same. Name: Jonathan Barnes Board Name: Public Art and Design Advisory Board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: Bruce Dennis Home Address: 1851 glenville, Clwr Telephone: 727 688 7171 Zip 33765 Cell Phone: How long a resident of Clearwater? 15 yrs Office Address: Telephone: Zip 33765 Email Address: bdennis3 @yahoo.com Occupation: Property ownership /management Employer: self Field of Education: Masters in Finance, liberal arts If retired, former occupation: Other Work Experience: Community Activities: I am trying to be involved in more of them. Other Interests: Board Service (current and past): Board Preference: Clwr Homeless Intervention Project hA. LI i c Ail' 4 Dc-s i jrl Z- 0-fA RCS CTE, San jose based org Additional Comments: Signature: Bruce Dennis n. . ou Date: 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 ofoneofthefollowing: Current voter registration within city limits RECEIVEValidcurrentFloridaDrivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits 1 0 2017 OFFICIAL RECORDS AND LEGISLATIVE SRVCS Uc i. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Do what is best for City re exhibiting, allowing, endorsing art that is consistent w/ overall plan(s), tasteful and affordable(if relevant). 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? Y 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? For many years, I have been evaluating and collecting art, of many different media. 4. Why do you want to serve on this Board? I am interested in serving my community, enhancing it's attractiveness and supporting the machine(s) that help it thrive. Name: Board Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: Laurie Meggesin Home Address: Office Address: 1600 Walnut St., Clearwater 4202 E. Fowler Ave, Tampa, ALN 185 Zip 33620 Zip 33620 Telephone: 727 - 488 -8877 Telephone: 813- 974 -3897 Cell Phone:727- 488 -8877 Email Address: laurie.meggesin @gmail.com How long a resident of Clearwater? 12 years Occupation: Executive Director Employer: Florida College Access Network/USF Field of Education: JD, University of Texas School of Law Graduate Certificate Nonprofit Management, USF Other Work Experience: Attorney /Shareholder, Baron & Budd, P.C. Nonproft program management If retired, former occupation: N/A Community Activities: Currently, FCAN leadership role keeps me busy! In my 4.5 years at helm of FCAN, my team has catalyzed communities to build collective impact coalitions that now represent almost 80% of Florida's population. Other Interests: Accessible community art, environmental issues, walkable /bikable communities Board Service (current and past): Board Preference: Texas Law Fellowships, Inc. (past president, VP) SER -Jobs for Progress, Inc. Additional Comments: Public Art and Design Board Date: 1 -9 -18 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 EDRECEIVValidcurrentFloridaDrivers' License issued to an address within city limits RECEIVEDR- 3' Declaration of Domicile filed with the city clerk affirming residency within city limitssAN 10 2018 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? As described in Division 11 of Sec. 5 -101 et seq of the Community Development Code, board members will administer the city's art and design program, including preparing a master plan with city staff and ensuring appropriate community participation and public education activities. My experience in community engagement will serve this role well. 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? Yes 1 What background and/or qualifications do you have that you feel would qualify you to serve on this Board? As a licensed attorney for over 20 years, 1 understand the roles and responsibilities of board functions. As a recent student of the Graduate Nonprofit Management Program through the USF School of Public Affairs (affiliated with the MPA program), I am familiar with the role and importance of citizen engagement for building vibrant cities. I love (and collect) art and am familiar with the work of local artists. 4. Why do you want to serve on this Board? I have long wanted to become engaged in activities supporting our city. I am particularly interested in serving on this board, as I believe in the value of public art in enhancing our city's quality of life. Engaging Clearwater residents' involvement in public arts activities further enriches our city and citizenry. Name:Laurie Meggesin Board Name: Public Art & Design Board Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4545 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Appoint one member to the Community Development Board as the alternate member with a term to expire April 30, 2022. SUMMARY: APPOINTMENT WORKSHEET BOARD: Community Development Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Yes RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 & 1 alternate CHAIRPERSON: Michael Boutzoukas MEETING DATES: 3rd Tues., 1:00 p.m. PLACE: Council Chambers APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: Board shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning & land use law and real estate THE FOLLOWING ADVISORY BOARD MEMBER (ALT. MEMBER) HAS A TERM WHICH EXPIRES ON APRIL 30, 2018 AND NOW REQUIRES EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: 1. Charles Reed Haydon - 105 Bayside Drive, 33762 - Civil Engineer Original Appointment: 3/2/17 (0 absences in the last year) (Mr. Haydon was appointed as the alternate member to finish an unexpired term until 4/30/18) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Amanda Battistoni - 611 S Fort Harrison Ave Suite 389, 33756 - CEO/Self Employed Page 1 City of Clearwater Printed on 4/30/2018 File Number: ID#18-4545 Yes to Alt. member seat 2. David L. Jaye - 2856 Shady Oak Ct., 33761 - Real Estate Yes to Alt. member seat 3. Peter P. Kohut, P.E. - 240 Windward Passage, Unit 105, 33767 - Civil Engineering Yes to Alt. member seat 4. Elizabeth Van Scoyoc - 3460 Countryside Boulevard, #51, 33761 - Administrative Specialist/Asst. Professor Yes to Alt. member seat Zip codes of current members: 1 at 33755, 1 at 33759, 1 at 33762, 2 at 33764 and 3 at 33767 Current Categories: 1 Architect 2 Attorneys 3 Civil Engineers 1 Landscape Architect 1 Real Estate Broker Page 2 City of Clearwater Printed on 4/30/2018 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: C. Reed Haydon Home Address: 105 Bayside Drive Office Address: 5795 Ulmerton Rd, Suite 200 Zip 33762 Zip 33762 Telephone: Telephone: 727 -446 -3444 Cell Phone: 727-465 -8352 Email Address: reedhaydon @gmail.com How long a resident of Clearwater? My whole life, 43 years Occupation: Civil Engineer, Professional Field of Education: Civil Engineering Employer: Self Other Work Experience: Real Estate Development If retired, former occupation: Community Activities: Kickball, Church of Ascension, Clearwater Beach Association Other Interests: Water Sports, Outdoor Recreation, Travelling Board Service (current and past): Board Preference: 1. Community Development Additional Comments: Clearwater has grown so much in the last decade, and I'd to be a part of shaping it into a re beautiful, vibrant and communal city. Signature: Date: 1/ I / I 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 Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency wittRL€EKD JAN 18 2011 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The board is involved in planning and development matters. The board will oversee public hearings surrounding development applications, and listen to the community's residents about their concerns with zoning and development matters along with ways in which the community can be improved. 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? Yes 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? As a site civil engineer I have prepared the entitlement applications and construction documents for many clients in many different jurisdictions. I am well versed in the process of land development and I've spent the vast bulk of my career in plans permitting. I have in the last two years ventured into land development myself, and I now have a better understanding of a developer's perspective. 4. Why do you want to serve on this Board? First and foremost, I care about Clearwater and I want to see it grow and evolve in a well planned and sustainable manner. This is my home town. I was born at Morton Plant Hospital. I want our city embrace growth, but while having a respect for the past and the environment that makes this place so special. Name: C. Reed Haydon, P.E. Board Name: Community Development CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: David Lawrence Jaye Home Address: Office Address: 2856 Shady Oak Court - Clearwater, FI. 33761 P.O. Box 61 - Safety Harbor, FI. Zip 34695 Zip 34695 Telephone: 727- 791 -7878 Telephone: 727 - 723 -7878 Cell Phone: 727- 644 -6822 Email Address: davidandkathleen @aol.com How long a resident of Clearwater? 49 Years Occupation: Real Estate Employer: Self & United Airlines, Inc. Field of Education: Management and Organizational Leadership Other Work Experience: International Relations Real Estate Purser - Pan American World Airways & United Airlines If retired, former occupation: Community Activities: East Gateway - Clearwater Revitalization (Real Estate), Countryside Country Club Brownfield Redevelopment Investment, Other Interests: Golf, Travel, Investing Board Service (current and past): Board Preference: Brownfield Economic Development Advisory Board Community Development Board Countryside Country Club Dolphins Board Member Additional Comments: Active Realtor, Landlord, Business Owner, Resident Signature: David L Jaye Digitally signed by David L Jaye Date: 2016.01.13 13:23:39 - 05'00' Date: January 13, 2016 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 dry® Valid current Florida Drivers' License issued to an address within city limits 1 Declaration of Domicile filed with the city clerk affirming residency within city limits JAN 1v.. OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To help the City of Clearwater and developers / investors / builders reach decisions for development of the City of Clearwater. Duties include to approve or dsapprove development agenda items that don't conform to current guidelines by finding ways to make the process work for all parties. 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? Yes, and I have participated in numerous development projects for both the City of Clearwater and with Pinellas County, both personally and professionally. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? Worked closely with the CDB on building several businesses in Clearwater. Serve on Economic Development Advisory Board for the Brownfields. Currently own 10 properties in the Greater Clearwater area. Extensive familiarity with the City's Development Code. Strong, Solid working relationship with many departments within the City. Business and real estate owner. 4. Why do you want to serve on this Board? I want to serve on the Community Development Board to help Clearwater become a world class city that is a highly desirable place to love, play and work. Clearwater, FI. is a mixture of New and Old and requires someone with the ability to think outside the box to make development decisions. Name: David Jaye Board Name: Community Development Board. CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS Please type or print clearly Name: / C724eA? / /' ©/i /2 Home Address: Office Address: 2 d0 lctt: r,/1.- /g-7/?c/42 s je, 4/.i7 /G`,5' e-,Q/.4/a 71, 4W Zip 37,6'..7 Zip Telephone: .Z /9 — 79/ _ Telephone: Cell Phone: 2/9 ° 79/— '5 " E -mail Address: p efeR%fa Z Duf/obk CoM How long a resident of Clearwater? 2 e. , s ,f, // 2I /107 ' Occupation: G % L-'•i ----ivy ir, 1.. 7/, Employer: ,8i'/ %%- / ir/ 7 #., 7, 4-W /PL Field of Education: Other Work Experience:. --4N /an41" 7145 , -- a s-: by /e--95..,-; , 7,e../7.4e, 36" -yg c7n : c h /? h4: Z.:76 47, G,? ,-- ei-25-A e-i25. ; // If retired, former occupation: C`Xec 1`cc%irs'c%Z' 6/y 4/9 /i co' '/a Community Activities: 5"/ , %,i, .',v -','% s /,--e • , 0.-pc-lo- , ,.7 X44.,7 ‘ y9 G.)*, 1% M 1 g,, 6e 42,4/4 .L3e/ Other Interests: "s .4/r2., jc sr ,aa// Board Service (current and past): Board Preference: G /,- e..eiv9- 7. ,426/5e-.0 J x"r! 6, 174 : ...."71/ Gncfr7. Jr ve4 & 7c C, /y Z---A,5,2 -- Gam, /TA /i 7 4.,e-,- 3 /ew Additional Comments: /d j6'/PO 1-1f 54' s; -e 5, 1-e /v 0 /y/ % ?- v w er aria 7c 10e7/ Signature: 0 Date: 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 RECE qaoneofthefollowing: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits 28 2017DeclarationofDomicilefiledwiththecityclerkaffirmingresidencywithincitylimas OFFICIAL RECORDS ANDLEGISLATIVESRVCSDEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 3,90 V, Ch h9 / vor q / s. 6 e 7T S / /7 /er. 2 A' 42 i-" i `r/ SvZ'c/ir/iSea4/ 2/PVP /67cys, -70s 1 a 5 w / eq l,A1/•9q /?,P vesZ2- c //4 Pecan"//' -I PG'Q 12/ 4,A-7 Zle, C Q4-,-, -, 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Ave r/o/ O e e+l iii e y c"7/• -: e/ cnce, 71/4•-7c=/. 0c71 C05 " ee74,° Vs • UffPY'P47/cadvice Zic> 1504 1 /2 .`.. Zo 11,er°1 % a%? 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? rrv'd AS /9/r4..-7 /7s55 /OA,7 h a /04, -7 /+7/tij /5 5,,,e". ds2 L 754/ eur /v?42 /Ra "4/ ?.5 7// :es , /q' 4. Why do you want to serve on this Board? rnI67wvOhL- c -0 t" nP J(/ L 7r it QPf/ e- S`i-jcy/d y g/i 4,w7 c, s i / ?io7 S b e,-7 9/ 7 Per /%719 c::7 s w e• c7.5 7/4- /P/ 9h 75 9 4 / / /0 i?v/JQrly t9o A2 A.,"? .5". C 0 $ c./fa, 713 Zh / vwrJ 4).4,7 /919,9 it, ?4,./.: . /C 7 ' e s 6;64/ roo-i* j 61/2el' csa di: 4' .5%,7, 7 ;7 Zh tSP G1iv /$/0.25 / 5-7.7'r /04, -7 c7nO7 RPZo/7e Name: r /Q k / P 'T Board Name: v- .>7•,-7/1/ 0ov -e ,-Z 6 a"'P i Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4553 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Review City Council Policies (WSO) SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2018 CITY OF CLEARWATER CITY COUNCIL POLICIES Adopted 5-17-2017 Reformatted/foreclosure language added 03-18 i As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY MANUAL Table of Contents POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION 1 – BOARDS 1-1 Ad Hoc Committees 1-2 Advisory Board Appreciation 12/1/16 1-3 Campaign Material During Meetings 1-4 City Representatives on Non-City Boards 12/1/16 1-5 Input from Advisory Boards 10/6/05 1-6 Input to Other Boards/Committees 12/1/16 1-7 Letterhead 1-8 Non-Board Business Functions - Sunshine Law 1-9 Representative Balance 1-10 Special Requests 2 – BUDGET and FINANCE 2-1 Accounting Procedures 2-2 Audit Committee 12/1/16 2-3 Balanced Budget 2-4 Budget Review Process 12/1/16 2-5 Budgetary Position Control 12/1/16 2-6 CRA Contribution to General Fund 2-7 Capital Improvement Budget & Capital Improvement Plan 2-8 Central Insurance Reserve Policy 10/6/05 2-9 Clearwater Gas System Gas Supply Hedging Policy 12/2/04 12/1/16 2-10 Debt Management Policy 12/1/16 2-11 Enterprise Funds 2-12 Enterprise Fund Transfer Payment 5/17/17 2-13 General Fund Unappropriated Retained Earnings 9/14/11 2-14 Interfund Administrative Charge 12/1/16 2-15 Interfund Other Service Charges 2-16 Investment Policy 12/1/16 2-17 Maintenance of Capital Plant and Equipment 2-18 Review of Annual Audit 2-19 Review of Rate Schedules 5/17/17 2-20 Road Millage 2-21 Special Events Fee 12/1/16 ii As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY MANUAL Table of Contents – Cont’d POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION 3 – CITY COUNCIL 3-1 Annual Events 12/1/16 3-2 Citizen Inquiries - Responses 12/1/16 3-3 Council Travel 12/1/16 3-4 Departing Councilmembers’ Gifts 12/1/16 3-5 Distribution of Council Correspondence 12/1/16 3-6 Fund Raisers 11/20/14 3-7 Information Available to Public and Press 8/21/03 3-8 Proclamations 12/1/16 3-9 Representation on Boards 12/1/16 3-10 Resolutions 3-11 Staff Projects 12/1/16 3-12 Strategic Direction/Planning 12/1/16 3-13 Televising Council Meetings 4 – CITY EMPLOYEES 4-1 Participating in Auctions 4-2 Reimbursement of Certain Meal Events 5 – GENERAL ADMINISTRATION 5-1 Application Fee Waivers 12/1/16 5-2 Block Party Insurance Requirements 5-3 Bright and Beautiful 12/1/16 5-4 Citizens to be Heard Response 10/6/05 5-5 City Sponsored Events 6/2/08 12/1/16 5-6 Copyright Fees 5-7 Courtney Campbell Causeway (State Road 60) Welcome Signage Program 11/20/14 12/1/16 5-8 Economic Development Incentive Policy 5/17/17 5-9 Fire Lanes 5/17/17 5-10 Renewal of Agreements 5-11 Roadside Memorial Marker Program 11/20/14 12/1/16 5-12 Special Event Street Closure Limitation 2/16/17 5-13 Stationery 12/1/16 5-14 Welcome Letters iii As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY MANUAL Table of Contents – Cont’d POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION 6 – LAND DEVELOPMENT 6-1 Annexation Agreements 6-2 Foreclosure 3/1/18 6-3 Landscaping of City Roads 12/1/16 6-4 New Sidewalks 5/17/17 6-5 Parks & Recreation Card to Annexing Property 6-6 Petitions for Annexation 6-7 Subdivision Monuments 12/1/16 6-8 Waiver/Reduction of Liens 7 – LEGAL 7-1 Case Reports 8 – LEISURE 8-1 Ages 12-13 Supervised Use of City Recreation Fitness Facilities 12/1/16 8-2 Amplification of Sound at City Venues 10/6/05 8-3 Holiday Decorations 12/1/16 8-4 Library Donor Naming Recognition 1 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY BOARDS Ad Hoc Committees. Members of boards may also serve on Ad Hoc committees or Task Forces. 1-1 Advisory Board Appreciation. Each recipient of an invitation to the Annual Advisory Board Appreciation event may bring one guest. Members should attend at least one meeting prior to being invited to the annual event. 1-2 Campaign Material During Meetings. During City Council and board meetings, board members will not display material supporting or opposing candidates or issues on any election ballot. 1-3 City Representatives on Non-City Boards. Citizens appointed by City Council to be the City’s representatives on non-City Boards will serve no more than three consecutive terms, at the discretion of City Council. The representatives shall keep the Council informed of the activities of the boards. 1-4 Input from Advisory Boards. Staff will assure that input from advisory boards regarding issues coming before the City Council is noted in the City Council’s agenda items. 1-5 Input to Other Boards/Committees. Upon majority approval, a board may advise other boards or agencies regarding its position on issues but may not represent that position as City policy. 1-6 Letterhead. Advisory Board letterhead may be used and staff assists when correspondence is written on behalf of the entire board. Letterhead will not be used by individual members expressing individual opinions and concerns. 1-7 Non-Board Business Functions - Sunshine Law. In order to eliminate the possibility or appearance of violation of the Sunshine Law, all boards and committees appointed by the City Council are requested not to schedule luncheons or other non-board business functions. 1-8 Representative Balance. When making appointments to a board, the City Council will strive to assure the board has a balance of race, gender and geographical area of the City represented. 1-9 Special Requests. Requests for special reports on projects will require Council or City Manager’s approval prior to staff commencing efforts in this regard. 1-10 2 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY BUDGET and FINANCE Accounting Procedures. It is a policy of the City Council to establish and maintain a standard of accounting practices on a basis consistent with Generally Accepted Accounting Procedures (GAAP), and the Governmental Accounting Standards Board (GASB), and the standard practices of the Government Finance Officers Association of the United States and Canada (GFOA). The City will also comply with the rules of the Auditor General and the Uniform Accounting System as required by the State of Florida. 2-1 Audit Committee. It is a policy of the City Council to have an Audit Committee for the selection of a Certified Public Accounting firm for the annual audit, in compliance with Section 218.391, Florida Statutes. The Audit Committee will be appointed by the City Council and may be comprised of council members, council appointees, and/or city employees as determined by the City Council. The Audit Committee will be responsible to solicit proposals via a competitive RFP process every five years at a minimum. The Audit Committee may also manage the audit process as appropriate. 2-2 Balanced Budget. It is a policy of the City Council to adopt a balanced budget for all funds. The City will avoid budget and accounting practices that balance the budget at the expense of future budgets. The City will also avoid budgeting any unrealized investment gains due to the City’s practice of holding investments until maturity. 2-3 Budget Review Process. It is a policy of the City Council to be provided with a quarterly budget report and an annual operating budget comparing actual versus budgeted revenue and expense activity. 2-4 Budgetary Position Control. It is a policy of the City Council that the total number of permanent full-time and part-time positions (full-time equivalents) approved in the annual operating budget may not be exceeded without prior approval of the City Council. 2-5 CRA Contribution to General Fund. It is the City's policy that services provided for administrative support to the Community Redevelopment Agency (CRA) by City employees shall be reimbursed to the General Fund. Such reimbursement shall be approximate actual costs incurred by the department, together with any associated costs. 2-6 Capital Improvement Budget and Capital Improvement Plan. It is a policy of the City Council to adopt a six-year Capital Improvement Plan and Budget which summarizes the project scope, estimated cost estimates by project, method of financing, and anticipated operating costs of each project. 2-7 Central Insurance Reserve Policy. It is a policy of the City Council to maintain a Central Insurance Fund reserve to guard against unforeseen or uninsured costs or increases in property, workers’ compensation, health or liability insurance. The target minimum balance for this reserve is equal to 75% of the actuarially calculated self- 2-8 3 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) insurance reserve liability. If reserves are drawn down below the above target minimum balance, the City will develop a plan to replenish the reserves, generally within five (5) years. 2-8 cont’d Clearwater Gas System Supply Hedging Policy: It is a policy of the City Council to limit the financial risk to Clearwater Gas System (CGS) of natural gas purchases by Hedging a portion of its gas supply needs with the intention of reducing price volatility for the residential, commercial, and industrial customers of CGS. Hedging amounts for a specified period of time will NOT exceed the expected average natural gas energy usage over that time period. The City Representative shall issue a Directive to Florida Gas Utility (FGU) in the event that CGS would like FGU to take any action with respect to a Financial Product on its behalf. The General Manager of FGU shall not be authorized to enter into a Financial Product on a system-wide basis for CGS without a Directive from the City Representative. Financial Products shall be purchased or otherwise acquired for the purpose of risk management and, to the extent possible, shall be entered into in such a manner as to meet applicable accounting standards as a “hedge” for accounting purposes; provided that the failure to obtain any particular accounting treatment with respect to a Financial Product shall not form a basis for challenging or otherwise calling into question the legality and enforceability of a Financial Product entered into pursuant to a Directive. CGS shall not engage in any purchase or acquisition of Financial Products for Speculation. In the event if any inconsistency between the terms of this Policy and any existing agreement between FGU and CGS, including, without limitation, the All Requirements Gas Services Agreement, dated as of February 15, 2002 and as amended from time to time, between FGU and CGS and entered into pursuant to Resolution 02-02 the City of Clearwater, Florida, the terms of such agreement shall prevail. In above policy, these terms are defined as: 1. “City Representative” means a representative of the City of Clearwater, Florida, who can authorize a Directive with respect to Financial Products, which term shall include, without limitation, any person designated as a “member representative” or “project participant representative” under an agreement between FGU and the City of Clearwater, Florida. 2. ”Directive” means an instrument, in writing, executed and delivered by a City Representative that gives directions to FGU, or otherwise authorizes actions by FGU, with respect to Financial Products and the related Financial Instruments. 3. ”Financial Instruments” means one or more agreements entered into with respect to Financial Products by and among the parties thereto, which may include FGU, CGS, or both, or any other third party or counterparty thereto, and such term shall expressly include, without limitation, any assignment or termination agreement related to Financial Products by FGU, CGS, or both. 4. ”Financial Products” means swaps, options, caps, collars, floors, forwards, futures contracts, and any other Hedging transactions, and any combination of the foregoing, whether executed “over-the-counter” pursuant to private agreement of “exchange-traded” on one or more regulated contract markets. 2-9 4 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) 5. ”Hedge” means to minimize or protect against loss by counterbalancing one transaction against another or otherwise mitigating economic risk. The term “Hedging” shall be construed accordingly. 6. ”Speculation” means using Financial Products in a manner not reasonably expected to reduce the risk associated with CGS business activities. 2-9 cont’d Debt Management Policy. This policy is to establish criterion and procedures for the issuance of debt financing by the City. This Debt Policy confirms the commitment of the City Council, management, staff, advisors and other decision makers to adhere to sound financial management practices, including full and timely repayment of all borrowings, and achieving the lowest possible cost of capital within prudent risk parameters. The City shall employ the use of debt to compliment the significant recurring commitments of annual appropriations for capital purposes in a way that is fair, reasonable, and equitable to each generation of taxpayers, ratepayers, users and other beneficiaries. 1. General: A. The City shall seek to maintain their high bond ratings so borrowing costs are minimized and access to credit is preserved. B. The City may utilize debt obligations to refinance current debt or for acquisition, construction or remodeling of capital Improvement projects that cannot be funded from current revenue sources or in such cases wherein it is more equitable to the users of the project to finance the project over its useful life. C. The useful life of the asset or project generally must exceed the payout schedule of any debt the City assumes. D. The City will analyze funding alternatives to minimize the cost impact of debt structures on the taxpayers or ratepayers. E. The outstanding debt will be reexamined periodically to determine whether an economical advantage exits for refinancing the outstanding debt given changes in the interest rate and bond market. As a general rule, the present value savings of a particular refunding should exceed 5% while maintaining a similar maturity schedule to the original debt. 2. Type and Structure of Debt: A. Any legally allowable debt may be used for financing capital improvements; this includes, but is not limited to, short-term and long-term debt, general obligation and revenue debt, fixed and variable rate debt, lease-backed debt, conduit issues, and taxable debt. The use of zero coupon bonds, capital appreciation bonds, deep discount bonds, and premium bonds may be considered. B. The City may consider the use of credit enhancements (letters of credit, bond insurance, surety bonds, etc) when such credit enhancements proves cost- effective. C. When fiscally advisable and when consistent with contractual obligations, the City shall lease purchase capital equipment. Generally, equipment will have a monetary value $25,000 or more and a minimum life expectancy of three years. The debt service on the lease purchase items shall be paid by the user department. 2-10 5 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) 3. Issuance of Obligations A. Selecting Service Providers: 1. The City may retain an independent financial advisor for advice on debt structuring, the rating review process, marketing debt issuances, sale and post-sale services and to prepare and/or review the official statement. 2. The City may also retain independent bond counsel and disclosure counsel for legal and procedural advice on all debt issuances. 3. As necessary, the City may retain other service advisors, such as trustees, underwriters, and pricing advisors. 4. Any process utilized to select professional service providers in connection with the City’s debt program shall be in conformance with City purchasing policies, procedures and requirements. The objectives of the process will be to: a. Promote competition b. Be as objective as possible c. Incorporate clear and rational selection criteria d. Be independent of political influence e. Be perceived as fair by the respondents f. Result in a cost-effective transaction g. Result in the selection of the most qualified firm h. Eliminate conflict of interest B. Method of Sale 1. Competitive Sale. The City will generally seek to issue its bond obligations in a competitive sale. Other methods may be used if it is determined that such a sale method will not produce the best results for the City. 2. Negotiated Sale. The City may elect to sell its bond obligations through a negotiated sale. This method will usually be considered when the bond issue is refunding a prior issue or there is a unique or unusual component to the bond issue. 3. Private Placement. When determined appropriate, the City may elect to sell its debt obligations through a private placement or limited public offering. C. Maturity of the debt 1. Bonds will generally not have more than a thirty-year duration. 2. Lease Purchase debt will generally not have more than a five-year duration. 4. Post-Issuance Compliance A. In order to comply with federal tax laws and maintain the tax-exempt status of certain municipal debt issues, Post-Issuance Compliance monitoring is required at regular intervals as follows: 1. Identification of debt-financed facilities and ongoing tax requirements - at time of issue, including a review of tax certificate executed at closing 2. Qualified use of bond proceeds – ongoing 3. Qualified use of facilities financed with debt proceeds - ongoing by monitoring discussions at staff meetings 4. Arbitrage yield restriction and rebate – annually as soon as bank statements containing the last day of the bond year are available 5. Maintenance of bona fide debt service fund – recalculate sinking fund deposit requirements semi-annually after each interest payment date 2-10 cont’d 6 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) 6. Continuing Disclosure documents other than Significant Events and Notices to Bondholders – annually by due dates through EMMA Dataport 7. Significant Events – upon occurrence through EMMA Dataport 8. Notices to Bondholders – upon occurrence of an event requiring notice B. Procedures for Ensuring Timely Compliance 1. The Finance Director (or designee) will review project invoices presented for payment from bond proceeds and authorize payment if use of proceeds is proper. 2. The Finance Director (or designee) will participate in staff meetings where discussions are held regarding use of debt-financed facilities. 3. The Finance Director (or designee) will calendar all bond year-ends and coordinate transmission of bank statements and other arbitrage-related documents with the outside arbitrage consultant within one month of the bond year-end. 4. The Finance Director (or designee) will re-calculate monthly sinking fund deposit requirements semi-annually after each interest payment, and annually after each principal payment. 5. The Finance Director (or designee) will consult with the City’s Disclosure Counsel, as needed, regarding disclosure of Significant Events. C. Procedures Reasonably Expected to Timely Identify Noncompliance 1. The Finance Director (or designee) will review the Continuing Disclosure Checklist for upcoming due dates at the beginning of each calendar quarter. 2. The Finance Director (or designee) will send required continuing disclosure documents to the City’s Disclosure Counsel for review and approval before filing through the EMMA Dataport. 3. Continuing disclosure due dates will be calendared by the Finance Director and by the designee, as a backup reminder. 4. The annual financial statement audit will include review by external auditors of use of debt proceeds, debt service accounts and payments, and review of minutes of official meetings. D. Procedures for Ensuring Timely Correction of Noncompliance 1. When noncompliance has been identified, the Finance Director will promptly provide required documents or consult with Disclosure Counsel, Bond Counsel or other outside specialists as needed. If a possible violation of the tax rules is identified, the Finance Director will consult with counsel to determine if a “remedial action” should be taken under the Treasury Regulations or if a closing agreement request should be submitted to the Internal Revenue Service under the Voluntary Closing Agreement Program. The City Manager and Council will be notified to take additional steps, if necessary, to timely correct the noncompliance. 2. Upon receipt of any correspondence from, or opening of an examination of any type with respect to tax-exempt debt issued for the benefit of the City, the Finance Director will promptly notify the City Manager and consult with outside counsel as necessary to respond to the IRS. 2-10 cont’d 7 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) E. Recordkeeping Requirement and Records Retention All relevant records and contracts shall be maintained in retrievable paper or electronic format for the term of the debt plus a minimum of three years. The term of the debt shall include the term of all debt which refunds the original new money issue, including debt issued to refund debt in a series of refundings. Records required to be maintained include: 1. Basic records relating to the debt transaction, including the debt transcript of proceedings and other relevant documents delivered to the City in connection with the issuance and closing of the debt transaction. 2. Documents evidencing expenditure of debt proceeds, including but not limited to: a) Construction contracts b) Purchase orders c) Invoices and applications for payment d) Trustee requisitions and payment records e) Documents related to costs reimbursed with debt proceeds, including related issuer resolutions f) Records identifying the assets or portion of assets financed or refinanced with the debt proceeds g) A final schedule of property financed by the debt and final allocation of debt proceeds 3. Documentation evidencing the use of debt-financed property, including records of lease or sale of debt-financed property for public or private purposes, and any change in use of debt-financed property from its original intended purpose. 4. Documentation evidencing all sources of payment or security for the debt. 5. Documentation pertaining to investment of debt proceeds, including but not limited to: a) Purchase and sale of securities b) SLGs subscriptions c) Yield calculations for each class of investments d) Actual income received from the investment of proceeds e) Investment agreements f) Trustee statement g) Arbitrage rebate calculations and reports 2-10 cont’d Enterprise Funds. It is a policy of the City Council that all Enterprise Fund operations shall be self-supporting, and shall pay administrative and other appropriate service charges to General Fund Operations for support at a level determined by the City Council. 2-11 Enterprise Fund Transfer Payment. It is a policy of the City Council that the specific enterprise operations designated by the City Council shall annually transfer to the General Fund an amount determined appropriate to be considered reimbursement in lieu of taxes. The current rate is 5.5% of prior year gross revenues. April 1989 policy adopted by councilmembers established this rate at 4.5% of prior-year gross revenues. This proportionate rate was adopted to accommodate growth and replaced prior years' policy of a prescribed dollar contribution. Other than the exceptions noted below, the rate of 4.5% remained 2-12 8 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) in effect until the City Council adopted the amended rate of 5.5% in September 2005. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to replace the Gas Support contribution with a franchise fee from natural gas customer accounts payable to the General Fund. This, in combination with the Gas dividend, offered the General Fund the same level of support as fiscal year 1995/96. The Gas System Dividend will be 50% of the Gas System Net Income less Bond Interest Earnings, but no less than a $1,700,000, plus a PILOT (Payment in Lieu of Taxes) fee of at least $508,720. Such PILOT fee will be paid by the Gas Franchise Fees to offset such PILOT payment. In September 2000, with the adoption of the 2001/02 Annual Operating Budget, the City Council expanded this policy, which had previously been imposed only on the utility enterprises, to include an annual payment in lieu of taxes from the Marine and Airpark Fund. In FY 2009 the Parking Fund began paying the PILOT. 2-12 cont’d General Fund Unappropriated Retained Earnings. It is a policy of the City Council to maintain a General Fund reserve equal to 8% of the subsequent year's budgeted expenditures as a contingency fund to meet unanticipated financial needs. Should funds in excess of 8% be available in any fiscal year, these funds shall be identified as available, and may be appropriated by the Council for specific Capital Improvement Projects or other one-time needs. In addition, the City Council will maintain an additional General Fund reserve equal to ½% of the subsequent year’s budgeted expenditures to fund unanticipated retirements of General Fund long-term employees during the given fiscal year. Any appropriations approved by the City Manager during the year, for this purpose, will be noted in the City Manager’s quarterly budget report. 2-13 Interfund Administrative Charge. It is a policy of the City Council that an allocation shall be made annually distributing the costs for administrative support departments among all operating departments. This distribution shall be proportionately based on the operating department's annual budget, and shall not be charged to General Fund departments. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to maintain the same charge for administrative support from the Gas Fund for fiscal year 1995/96 which will be increased annually by estimated the cost of salary increase index (fiscal year 2001/02 - 5%). Beginning in fiscal year 2001, the City Council approved an adjustment to the Gas Fund charge increasing the charge by $325,000 over the computed amount to bring the Gas Fund more in line with the proportionate amount calculated in the same manner as the Other Enterprise Funds. 2-14 Interfund Other Service Charges. It is a policy of the City Council that the cost of services provided to Enterprise Fund Departments by General Fund Departments shall be charged to, and paid by the Enterprise Fund. 2-15 9 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) Investment Policy. 1. Scope This statement of investment policy and guidelines applies to all investments of the City's pooled cash, which includes cash and investment balances of the following funds: • General • Special Revenue • Debt Service • Capital Projects • Enterprise • Internal Service Funds • Fiduciary Funds The policies set forth do not apply to the non pooled cash investments of the Pension and Deferred Compensation Funds of the City of Clearwater, deposits for defeased debt, or assets under Bond Trust Indenture Agreements. 2. Investment Objectives A. Safety of principal is regarded as the highest priority in the handling of investments for the City. All other investment objectives are secondary to the safety of capital. Each investment transaction shall seek to first ensure that capital losses are avoided. B. The City's investment strategy will provide sufficient liquidity to meet the City's operating, payroll and capital requirements. To accomplish this the portfolio will be "laddered" with monthly maturities except for those months in which significant Ad Valorem taxes are received. To the extent possible, the City will match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow requirement, the City will not directly invest in securities maturing more than 15 years from the date of purchase. Also, unless specifically matched against a debt or obligation not more than 15% of the portfolio will have a maturity greater than 10 years. C. The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. 3. Performance Measurement The benchmark yield for the operating portfolio will be the weighted average yield determined by using the following maturity distribution and the related U.S. Treasury yields. Treasury yields are considered the benchmark for riskless investment transactions and, therefore comprise a minimum standard for the operating portfolio's rate of return. The investment program shall seek to augment returns above this threshold, consistent with risk limitations identified herein. Average Treasury Rates Percentage Distribution Overnight rate 15% 3 month Treasury Bill rate 15% 6 month Treasury Bill rate 15% 1 year Treasury Bill rate 15% 3 year Treasury Note rate 15% 5 year Treasury Note rate 15% 10 year Treasury Note rate 10% Total 100% 2-16 10 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) Weighted average maturity of benchmark 2.46 years 4. Prudence and Ethical Standards The standard of prudence to be applied by the investment officer shall be the "Prudent Person" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income derived." The "Prudent Person" rule shall be applied in the context of managing the overall portfolio. 5. Authorized Investments The City shall limit investments, as authorized in Florida Statutes to: A. Direct Federal Government obligations. Investments in this category would include but not be limited to the following: United States Treasury Bills, Notes and Bonds, and securities issued by the Small Business Administration, Government National Mortgage Association (Ginnie Mae), Veterans Administration, and Federal Housing Administration. B. Federal Agencies and instrumentalities. Investments in this category would include but not be limited to the following: obligations of the Federal Home Loan Banks System (FHLB) or its distinct banks, Financing Corporation (FICO), the Federal Farm Credit Bank, Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), Student Loan Marketing Association (Sallie Mae), Financial Assistance Corporation and Federal Agriculture Mortgage Corporation (Farmer Mac). C. U.S. Securities and Exchange Council registered money market funds with the highest credit quality rating from a nationally recognized rating agency. D. Interest-bearing time deposits or savings accounts, in a qualified Public Depository as defined in s. 280.02 Florida Statutes. E. Debt issued by the State of Florida or any political subdivision thereof including pools. F. Securities of, or other interests in, any open-end or closed-end management- type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. G. Repurchase Agreements and reverse repurchase agreements collateralized by securities otherwise authorized in this policy. H. The Local Government Surplus Funds Trust Fund or any intergovernmental investing pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in s. 163.01 Florida Statutes. I. Commercial paper of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service. 2-16 cont’d 11 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) 6. Maturity and Liquidity Requirements A. The City will maintain a forecast of expected cash outflows and inflows by major categories. For months that the outflows exceed inflows the City will have investments maturing that month in excess of the forecasted deficits. B. The City’s intention is to keep the weighted average maturity to three years or less. Due to market conditions and cash needs the average maturity may temporarily be greater than three years but no greater than five years. 7. Portfolio Composition, Risk and Diversification Assets held shall be diversified to control risk of loss resulting from over-concentration of assets in a specific maturity, issuer, instrument, or dealer/broker, through which these instruments are bought and sold. The following maximum limits apply to the portfolio: Maturity date 10% Specific instrument 8% Specific issuer 40% Specific dealer/broker 33% Commercial paper 25% Collateralized Mortgage Obligations and Real Estate Mortgage Investment Conduits 33% Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the Investment Committee. 8. Authorized Investment Institutions and Dealers A. Banks - Certificates of deposit purchased under the authority of this policy will be purchased only from Qualified Public Depositories of the State of Florida as identified by the State Treasurer, in accordance with Chapter 280 of the State Statutes. B. Broker/Dealer Approvals and Limitations - Time, practicality, and general business constraints limit the number of investment relationships which can be managed on a regular basis. In most cases, normal investment activity will be limited to no more than ten dealer relationships. A broker/dealer list will be established by the Finance Director or designee. This list will be presented to the Investment Committee for approval. This list will be updated as needed and approved by the Investment Committee. 9. Third-Party Custodial Agreements All securities shall be held by a third party safekeeping company. All purchases by the City under this policy shall be purchased using the "delivery versus payment" procedure. For all purchases and sales of securities the third party custodial will require the approval of two individuals authorized by the Finance Director. 10. Master Repurchase Agreement All approved institutions and dealers transacting repurchase agreements shall be covered by a Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. 11. Bid Requirements After the Finance Director or designee has determined the appropriate maturity based on cash flow needs and market conditions and has selected one or more optimal type of investment, the security in question shall, when feasible and appropriate, be 2-16 cont’d 12 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) competitively bid. Competitive bids or offerings shall be received from at least three dealers/brokers on all sales or purchases except in situations where: A. The security involved is a ‘new issue’ and can be purchased ‘at the auction.’ B. The security has a fixed "postal-scale" rate. C. The security involved is available through direct issue or private placement. D. The security involved is of particular special interest to the City and dealer competition could have an adverse impact with respect to the price and availability to the City. It is also realized that in certain very limited cases the City will not be able to get three quotes on a certain security. For those cases the City will obtain current market prices from one of the following to determine if the transaction is in the City's best interest: A. Bloomberg Information Delivery System. B. Wall Street Journal or a comparable nationally recognized financial publication providing daily market pricing. C. Daily market pricing provided by the City's Custody Agent or their corresponding institution. 12. Internal Controls The Finance Director shall establish and monitor internal and procedural controls designed to protect the City's assets and ensure proper accounting and reporting of the transactions related thereto. The internal controls will be designed to prevent losses of funds which might arise from fraud, employee error, misrepresentations by third parties, or imprudent actions by employees of the City. All buy and sell communications with the third party safekeeping company will be signed by two individuals authorized to make investment decisions. The internal controls developed under this policy shall be reviewed by the independent auditors as a regular part of their audit of the City. The Finance Director shall establish an Investment Committee that meets on a regular basis for the purpose of reviewing investment transactions, approving brokers/dealer changes and other investment activities. The Investment Committee members will be the Finance Director, Assistant Finance Director, Cash & Investment Manager and any other City staff members appointed by the Finance Director. 13. Reporting The Finance Director or designee shall report on at least an annual basis the following information on the City's investments: A. Securities by class/type. B. Book Value C. Market Value D. Income Earned 14. Continuing Education The members of the Investment Committee will complete no less than 8 hours of continuing educational opportunities on investment practices each fiscal year. The members of the Investment Committee will have sufficient knowledge and education to invest in any and all of the securities listed above. 2-16 cont’d Maintenance of Capital Plant and Equipment. It is a policy of the City Council that the City’s budget will provide adequate funding for maintenance of capital plant and equipment and the funding for their orderly replacement. 2-17 13 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) Review of Annual Audit. It is a policy of the City Council to have a Certified Public Accounting firm perform an annual audit on all of the City’s funds. A work session will be held each year within 60 days of the release of the annual financial audit of the City. At that time, the overall financial condition of the City and its enterprise funds will be reviewed. 2-18 Review of Rate Schedules. It is a policy of the City Council to review rate schedules of the City of Clearwater enterprise funds at a minimum of every 5 years. The purpose of the review will be to assure rates are set in a manner to be fair and equitable while covering the City’s cost to provide the service. Unrestricted utility fund balances (working capital reserves) should be maintained pursuant to the most recent rate review or at a level equivalent to at least six months’ operation and maintenance expense, whichever is greater, and three months for all other enterprise and internal funds 2-19 Road Millage. In order to maintain the City’s sidewalks and streets (including curbs and bridges), a road millage will be designated as a part of the annual budget process. Priorities will be determined first on functional and safety considerations. Road Millage may be used for aesthetic repairs. 2-20 Special Events Fee. The Special Events Committee will review applications for use of City beaches, sidewalks, outdoor recreation open space and rights-of-way. Sponsoring organizations will be responsible for the costs of all City services needed in conjunction with the events unless they are City sponsored or co-sponsored events. The City Council may waive all or a portion of fees and related charges for City sponsored or co-sponsored events, including, but not limited to Fun 'N Sun, Jazz Holiday, July 4th, Turkey Trot, and Martin Luther King Parade. There shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item confirming co-sponsorship and waiver of fees for those to be submitted in the budget will be brought for City Council acceptance in March of each calendar year. All items accepted by the Council are then to be included in the appropriate department’s budget. Only after the item is passed as part of the approved budget is the item considered to be funded. In the event additional monies are requested beyond what is included in the approved budget, City Council approval will be needed before said additional funds are appropriated. 2-21 14 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY CITY COUNCIL Annual Events. Newly elected Councilmembers and Councilmembers-elect shall be invited to the annual Phillies dinner and advisory board appreciation event. 3-1 Citizen Inquiries - Responses. A. Generally responses should be in the same form as received, i.e. letter with letter. However, when deemed to be more appropriate a different form may be used. B. Inquiries addressed to a specific Councilmember will be responded to by that Councilmember. C. Inquiries addressed to the whole Council, whether in one letter or duplicate letters to all Councilmembers, will be answered factually by the Mayor using language that indicates that he or she is responding for the Clearwater City Council. When needed, responses will be brought to Council for direction, prior to being sent. Mail will be routed to the appropriate staff to draft a response. Individual Councilmembers are not precluded from responding individually to express their opinion. D. Inquiries received which are not specifically addressed to the Council or its members will be answered by the City Manager or designated staff member. E. Inquiries and responses will be distributed, via e-mail, to all Councilmembers F. Form letters or emails may be acknowledged but will not require a customized response. 3-2 Council Travel. Payment for travel expenses shall be in keeping with the charter and the City’s travel code. Specific amounts of the Council’s travel budget shall be allocated to each Councilmember during annual budget preparations. At the end of each fiscal year Councilmembers shall provide a report detailing that year’s travel. Council approval shall be obtained prior to any member exceeding their annual allocation for travel. 3-3 Departing Councilmembers’ Gifts. Departing gifts shall be chosen in consultation with the outgoing members. The value of the gifts shall be a maximum of $300 for one full term, $500 for two full terms and $600 for more than two full terms. One full term. Plaque, nameplate, letter, pewter tray with seal, Council pictures. Two full terms. Plaque, nameplate, letter, City watch, Council pictures. Three or more full terms. Plaque, nameplate, ring, collage or album, tray with seal, letter, gag gift, caricature. 3-4 15 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) Distribution of Council Correspondence. All correspondence to the Mayor and the Councilmembers arriving at City Hall received pursuant to the law or in connection with the transaction of official business by the City of Clearwater shall be distributed as follows: When needed, e-mails will be forwarded to all Councilmembers by the Council Assistant. Councilmembers will receive the original of hard copy items individually addressed to them, whether anonymous or not. Council e-mails and other correspondence will be available on the City’s website through the electronic document management system. Mail will be delivered to the Council once per week, or as needed. Other anonymous letters and suggestions will not be distributed but will be maintained in the City Manager's Office. Publications and items of considerable length (such as petitions and agenda materials for other boards) will not be distributed. These items, along with other routine correspondence not requiring responses will be noted on a weekly read file and available through the electronic document management system. Unless otherwise directed, correspondence with the words similar to “Personal,” “Confidential,” or “For the Addressee Only” will be delivered unopened to the addressee. If such correspondence is determined to be related to City business, the receiving Councilmember is to forward it to the Council Assistant for distribution. The City Manager will discuss with the Mayor malicious mail. All e-mails received by the Councilmembers in their individual city email account will be forwarded to the Council Assistant for distribution, or email forwarding, in the same manner as other "hard copy" mail. The following emails will not be forwarded: SPAM/JUNK, broadcast general information or solicitation or items pertaining to scheduling. Emails or "hard copy" mail relating to city business, sent directly to a councilmember's home or private business, or hand delivered, shall also be forwarded to the Council Assistant for distribution. 3-5 Fund Raisers. It shall be at the discretion of individual Councilmembers whether or not to accept invitations to fund raising activities. Expenses incurred by acceptance are not reimbursable. City employees will not attend these functions as City representatives. 3-6 Information Available to Public and Press. All material prepared by the City Manager and City Attorney for the Council shall be provided to the press and to the public via the Official Records and Legislative Services Department. 3-7 Proclamations. The City of Clearwater will consider issuing proclamations from all segments of the community without regard to gender, race, ethnicity or handicap. Proclamations will not be issued to individuals, companies, “for profit” organizations, profit making agencies, political organizations or religious organizations, except for significant anniversary events of 50 years or 100 years. 3-8 16 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) Representation on Boards. Councilmembers are asked to serve on various regional and governmental boards. Boards/Committees may be added or deleted from time to time. These duties should be distributed equitably among the Councilmembers. Appointment of Councilmembers to these boards shall be evaluated annually in April. Whenever possible, a Council representative on a board or committee will receive Council input prior to taking a position regarding issues coming before that board. The representing Councilmember shall vote in accordance with the stated position of the majority of the Council. If it is not possible to obtain Council input the Councilmember is to act to the best of their ability in the city's interest and with prior Council positions in mind. Periodic review of the actions of these boards and committees is desirable and the representing Councilmember should coordinate these reports. 3-9 Resolutions. An individual Councilmember may request a resolution. However, prior to preparation of the resolution, there must be a majority of the Councilmembers agreeing to do so. 3-10 Staff Projects. A Councilmember shall request staff research or projects only through the City Manager or City Attorney in accordance with the City charter. Any request that, in the determination of the City Manager or City Attorney, will take longer than 8 hours must be approved by a majority of the Council. The results of such research or projects, except for legal advice to an individual, will be shared with all councilmembers. 3-11 Strategic Direction/Planning. Prior to June 1st of each year and prior to the development of the City Manager’s proposed budget, the City Council shall meet in a strategic planning session(s) to review the five-year financial forecast and update as necessary, the City’s Vision, Mission and Strategic Direction (Goals). From these documents a five-year strategic plan will be updated. 3-12 Televising Council Meetings. All regular City Council meetings and work sessions will be televised on C-View. Efforts will be made to also televise specially scheduled meetings and work sessions. However, there will be times when this is not possible, or practical. No closed-door attorney/client or bargaining sessions will be televised. 3-13 17 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY CITY EMPLOYEES Participating in Auctions. City employees and Councilmembers are prohibited from participating in City auctions involving the sale of property which has either been abandoned and confiscated, acquired with public funds, or which has otherwise come into the possession of the City. They may attend as spectators but may not bid on or purchase items offered for sale. All actions that would lead to perceptions of participation, such as a family member bidding on items, should be avoided. It is the intent of this policy to avoid giving "insider" information or a profit motive to employees or their families in the disposal of surplus items. 4-1 Reimbursement of Certain Meal Events. The City Manager will determine when it is appropriate to reimburse city employees for meal costs associated with recognition, award and business related functions. 4-2 18 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY GENERAL ADMINISTRATION Application Fee Waivers. Generally, building permit, occupational license, plan review and zoning-related application fees will not be waived except for City projects and other governmental agencies. If staff believes special conditions exist, such requests may be brought to the Council for consideration. Application fee waivers for governmental agencies will include all governmental projects including those in which the governmental agency is leasing property from a third party, providing the governmental agency is the entity which applies for and obtains the permit. PACT will be considered a governmental entity when considering application fee waivers. NOTE: The City Clerk's research regarding waiver of application fees shows the following: Chi Chi Rodriquez Youth Foundation - no waivers Center Foundation - waive building permit fees Pinellas County - waived building permit fees for work done by County forces; waive fees for variance application State of Florida - waive fees for variance applications Clearwater Ferry - waive building permit fees St. Petersburg College - refunded building permit fee for parking lot Skye Lane Properties, LLC – waived permit, application, inspection, and other fees via Resolution 14-03 None of the above includes waiving impact fees. 5-1 Block Party Insurance Requirement. In order to insulate the City from claims resulting from activities held in the public right-of-way in City-permitted block parties, block parties shall be administered using a two-tier approach, which differentiates between smaller scale block parties that do not include amusements or alcohol in the right-of-way (Tier 1 block parties) from those larger-scale parties that include high risk components and activities (i.e., alcohol zones, fire pits, inflatable amusements) (Tier 2 block parties). Prior to the issuance of a block party permit, block parties categorized as Tier 2 shall be required to demonstrate that they have general liability insurance in the amount of $1,000,000 for which the City is listed as additionally insured. 5-2 Bright and Beautiful. In order to maintain and enhance the image of Bright and Beautiful Clearwater, the Council supports staff in enhanced solid waste recycling and conservation projects, tightening and increasing enforcement of codes (i.e. fence landscaping, prohibition of banners, lot clearing, etc.). Staff is also directed to place a greater emphasis on and coordinate aesthetic consideration on site plans and other development review (i.e. placement of dumpsters, fencing of dumpsters, property landscaping and landscaping of parking lots including perimeter plantings). Litter cleanup and "adopt a street or park" programs are encouraged. Educational and incentive programs for both City staff and the public addressing this issue should be developed. 5-3 19 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) Citizens to be Heard Response. When appropriate, responses will be sent to those addressing the Council under Citizens to be Heard regarding Items not on the Agenda. 5-4 City Sponsored Events. Events sponsored by the City, such as Volunteer Recognition, Advisory Board Appreciation, etc., shall be held within the City limits of Clearwater, unless the cost for a venue outside the City limits is at least 20% less. 5-5 Copyright Fees. The City shall pay the necessary copyright fees to ASCAP for those concerts in the bandshell co-sponsored by the City. The City shall provide a monthly report to ASCAP regarding activities in the bandshell and ASCAP shall be responsible for collecting the fees from bands participating in non-City sponsored programs. In addition, the City shall pay the necessary copyright fees to BMI for showing movies at various recreation centers. 5-6 Courtney Campbell Causeway (State Road 60) Welcome Signage Program. 1. Welcome signs are intended to greet visitors to Clearwater and share accomplishments of national or international significance (awards) or significant historical events that have been a part of the City of Clearwater. 2. Florida Department of Transportation (FDOT) has permitted two welcome signs to be installed by the City on FDOT right-of-way on the north side of Courtney Campbell Parkway (State Road 60): 1) a general welcome to City of Clearwater sign and 2) a sign dedicated to recognizing a special award of national or international significance or a Clearwater historical event. 3. The Parks and Recreation Department is responsible for the coordination of the Courtney Campbell Parkway (State Road 60) Welcome Signage Program. 4. Installation of a welcome sign will be processed in accordance with the following: A. Requests for a welcome sign shall be submitted in writing to the Parks and Recreation Department by filling out a Courtney Campbell Parkway (State Road 60) Welcome Signage Program Application. The form is available online at www.myclearwater.com, or by calling the Parks and Recreation Department. B. The award to be recognized by the welcome sign must be of national or international significance. 1. Accomplishment of national or international significance is an achievement or completion of an award granted to an organization or to the City in recognition of being the best in the entire nation or the best involving two or more countries that promote and enhance the image of Clearwater. 2. Significant Clearwater historical events are defined as events that are unique to Clearwater and add to the overall understanding of the City and its history. C. If approved, a welcome sign may be allowed for a period not to exceed two years. D. Requests for a welcome sign may be made by a group or an individual, however written approval to use the event or award to be recognized must be secured from the governing body being represented. In cases where the request is for a group or organization no longer in existence but historically significant to the City, no approval is necessary. E. Welcome signs, if approved, will be designed, constructed and installed by the Parks and Recreation Department. Requesting group is responsible to reimburse the City for all direct expenses (approximately $1,000 - $2,000). F. The City Council must approve all welcome sign application requests. G. The Courtney Campbell Parkway (State Road 60) Welcome Signage Program is dependent on continued permitted approvals given by FDOT. If for some reason FDOT does not approve permitting the welcome signs, this policy becomes void and any existing signage would be removed. 5-7 20 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) Economic Development Incentive Policy. Economic Development incentives should be carefully crafted in a transparent manner to ensure that they yield a net benefit to City residents. The following principles should be considered when making determinations: A. The targeted investment would not occur without the incentive; B. The investment should generate new economic activity in the area; C. Each project should be evaluated on a case-by-case basis using the guiding principles articulated in the City’s Economic Development Strategic Plan; D. The Economic Development and Housing Department is the lead department for the development, evaluation, negotiation, measurement and reporting of City-wide economic development incentives. 1. Incentive Types Incentives may be established as Programs or Tools and may provide financial and non-financial inducement to the business, property owner, or developer of a qualifying project: A. Incentive Programs are established by Ordinance or Resolution and require the development of published guidelines and application for submittal by a qualifying project: 1. Qualifying criteria and disclosure of the methods by which the Economic Development and Housing Department will evaluate, negotiate, measure and report information contained within the application must be established within the guidelines. B. Incentive Tools are those activities and resources provided by, or on behalf of, the Economic Development and Housing Department and are not subject to an application process. The use of financial incentive tools are subject to Council approval. C. Financial Incentives must identify the source of funds, as may be permitted by law and may be available from time to time, which may include, but are not necessarily limited to: 1. Ad valorem tax exemption as permitted by statute; 2. The limited waiving, crediting, or payment of fees; 3. Reduced rent on city-owned property; 4. Grant or loan-to-grant agreements; 5. Low-interest loans; 6. Land exchange of comparable appraised value; 7. Financial support of infrastructure improvements; 8. Matching grant funds or in-kind services; 9. Funds for programs or services; 10. Brownfield assessment funds; 11. Public utility tax exemption; 12. Local match of state authorized programs. D. Non-financial incentives may include: 1. Expedited planning review and approval process; 2. Access to Economic Development services; 3. Other city services, as appropriate. 2. Creation or Establishment of Incentive Programs and Tools From time to time, Incentive Programs or Tools may be created or established. Such Programs or Tools must include: A. Statement demonstrating how the proposed incentive relates to the broader economic development strategies including desired development areas identified in the Economic Development Strategic Plan, Adopted Long Range Plans, Consolidated Plan, and others; B. Desired goal of the program or tool; 5-8 21 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) C. Identification of qualifying criteria which may include, but are not limited to: 1. Minimum number of new full-time city positions created by the business as a result of relocating to or expanding in the city; 2. Minimum average annual wage of the new employees of the business located in the city; 3. Minimum threshold of capital investment in the city; 4. Geographic boundaries in which the Program or Tool may be applied; 5. Sales factor; 6. Industry type including Primary Targeted Industry, if applicable. D. Methods of evaluation: 1. Quantitative Measures: a. Economic, Fiscal and Incentive Impact Analysis; b. Jobs created/retained; c. Average wage of new jobs; d. Capital investment generated; 2. Qualitative measures which identify the achievement of specific community goals. E. Reporting requirements and maintenance of records: 1. Where applicable, economic development incentives approved by Council will be reported as per Council, State and Federal reporting requirements. F. For Financial Incentives: 1. The method of payment for performance and recapture of funds for failure to perform. 3. Funding Sources Funding for economic development incentives may be obtained from the General Fund through the annual budget process or from time to time from any allowable source, including: A. General Fund Reserve; B. Central Insurance Fund; C. Enterprise Fund; D. Federal, State, or County government grants or allocations; E. Other monies set aside, as appropriate. 4. Definitions A. “Project” means company, applicant, developer, property or the combination of some or all which is evaluated for consideration of incentives. B. “Desired Development Area” means certain geographic region(s) of the City of Clearwater where development is preferred. C. “Average Annual Wage” means statistical yearly average wage being paid or proposed wage to be paid by prospective company. D. “Primary Targeted Industry” means the seven (7) industries identified by the City’s Economic Development Strategic Plan (2011) and those identified by Enterprise Florida, Inc. or the Florida Department of Economic Opportunity which may be subject to change from time to time. E. “Capital Investment” means the acquisition of capital assets or fixed assets, such as land, buildings, and equipment. F. “Economic, Fiscal and Incentive Impact Analysis” means the calculation of the worth of a project, business or activity to the community over a period of time using a recognized third party analysis tool, such as “Total Impact” by Impact DataSource, LLC. 5-8 cont’d 22 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) Fire Lanes. The Police Department shall have primary responsibility for the enforcement of designated fire lanes. At the discretion of the Fire Chief, Fire Department personnel will be trained to participate in the enforcement of parking violations pertaining to fire lanes and fire hydrants. 5-9 Renewal of Agreements. All renewals of agreements the City has with organizations or tenants should be presented to the Council at least sixty (60) days prior to the expiration of the original term. 5-10 Roadside Memorial Marker Program. The purpose of this policy is to establish the guidelines for the placement of standardized roadside memorials for people that have died as a result of a motor vehicle, pedestrian or bicycle crash within City maintained right-of-way on segments of roadway in incorporated Clearwater. 1. The City of Clearwater, Traffic Operations Division, is responsible for the implementation of the Roadside Memorial Marker Program. 2. The policy will apply to fatalities occurring after January 1, 2005. 3. The installation of a roadside memorial marker will be processed in accordance with the following: A. Requests for a memorial marker shall be submitted in writing to the Traffic Operations Division of Engineering by filling out a Memorial Marker Request Form. The form will be available online from the City’s website or by calling the City. Requests may be made by immediate family members or friends. Requests from friends require written approval from the deceased’s immediate family. B. Memorial markers will be designed, constructed and installed by the Clearwater Traffic Operations Division. The Traffic Operations Division will be responsible for designing the sign and ensuring proper and safe placement – the exact location will be at the discretion of the City. C. Memorial markers will not be allowed within the limits of active construction work zones. D. There shall be no activities while the memorial marker is in place that pose a safety hazard to the public or that violates any provision of Chapter 316 of the Florida Statutes concerning stopping, standing, parking, or obstruction of traffic on public roads. E. Memorial Markers will only be installed in residential areas where fatalities occurred with the written permission of the resident whose property is abutting the residential right of way where the memorial is to be placed. F. The requesting citizen will be notified once the installation is complete. G. Memorial markers will be allowed to remain in place for one year after installation unless earlier removal is necessitated by construction activities. After one year the sign will be removed by City forces. H. The memorial marker shall be a 15-inch diameter aluminum sign with a white background and black letters. I. The sign message will state ‘Drive Safely – In memory’ and the family will have the option of adding the deceased’s name to the sign. J. As an option, the City can offer an alternate safety message to the ‘Drive Safely’ legend if desired by the family that would be specific to the type of crash, and as long as it will fit on the sign. Examples could be ‘Don’t Drink and Drive,’ ‘Buckle Up,’ ‘Slow Down,’ etc. 5-11 23 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) K. The sign will be mounted at a height of 3.5-feet (42-inches) from the ground to the top of the sign. L. The applicant will incur the cost of design, construction, installation, maintenance, and removal of the memorial marker. This cost is $300. Upon request the sign becomes the property of the applicant. 5-11 cont’d Special Event Street Closure Limitation. Street closures for special events shall be limited to two (2) per calendar year requested by any one non-profit or for-profit organization. The City of Clearwater shall be exempt from this limitation. The City shall comply with any Florida Department of Transportation policies regarding street closures of state roads. 5-12 Stationery. The City shall have letterhead designed by Public Communications on which the City seal will be imprinted. Paper stock will be recyclable. Other forms in supply will be allowed to be used until said supply is depleted. The Vice-Mayor designation will not be identified on any of the shirts, business cards, letterhead, or nametags with the City of Clearwater. Exception: The Gas Division may use its logo. 5-13 Welcome Letters. Upon adoption of an Annexation Ordinance staff will prepare a letter for the Mayor’s signature welcoming the property owner to Clearwater 5-14 24 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY LAND DEVELOPMENT Annexation Agreements. The City Manager is authorized to approve routine annexation agreements involving one existing or proposed residences. Where a discrepancy exists regarding land use designations, right-of-way requirements, or any other circumstances, administrative approval is not authorized. A quarterly report of administrative approval is requested. 6-1 Foreclosure. In order to address blighted and vacant properties within the City, the following factors will be considered for utilization of the foreclosure process to put properties in the hands of new owners who will care for and use the property to promote economic development within the City. 1. All properties are considered (commercial, residential, and vacant lots). 2. Properties with mortgages are considered. 3. Properties that are occupied are considered. 4. Properties with significant code or other city liens are considered. 5. Homestead exempted properties will not be considered. Once a property is selected and referred to the City Attorney for review, a demand letter may be sent to the property owner requesting payment of the liens in full prior to initiating a foreclosure action. If contact cannot be made, or payment is not received by the date indicated in the letter, the City Attorney shall seek authorization from the City Council to initiate a foreclosure action against the property. 6-2 Landscaping of City Roads. When landscaping is a necessary and integral part of a City road or street improvement/construction project the landscape material shall be selected and located based on ease and frequency of required maintenance. All such material shall be drought resistant. 6-3 New Sidewalks. In order for new sidewalks to be installed in an existing neighborhood, a petition is required indicating that greater than 50% of the property owners impacted are in favor. Exceptions include when the City determines that a sidewalk is necessary as part of a heavily used school route, or for sidewalks filling a gap between existing sidewalks involving two or less residences. 6-4 Parks & Recreation Card to Annexing Property. Resident Parks & Recreation cards may be obtained by petitioners for annexation upon acceptance of the application. 6-5 Petitions for Annexation. Request to be made that all contiguous parcels under the same ownership be annexed simultaneously. 6-6 25 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) Subdivision Monuments. New entranceway landscaping, monuments, signage, and walls shall not be allowed within the public rights-of -way of the City of Clearwater. Such special treatments are to be upon private property and in accordance with all applicable codes and regulations. The owners of all existing entranceway features occupying public property have the option to execute a Right of Way (ROW) Beautification Revocable License Agreement with the City of Clearwater wherein owners agree to keep all features in good repair, including signs, monuments, landscaping, irrigation systems, flag poles, etc. Upon failure of the owners to execute such agreement, or upon failure of the owners to repair or maintain any feature of the site which has fallen in disrepair after notice, the Parks and Recreation Department is to remove all such materials with the exception of trees and grass occupying the public right-of-way. A wooden sign with breakaway features approved by the City Engineer may be allowed within the public right-of-way when associated with a city approved “Adopt a (fill in name)” program, and is to be limited to a size necessary to name the sponsoring agency in 3-inch letters. Such sign to be a maximum height of 18-inches. 6-7 Waiver/Reduction of Liens. In order to encourage (re) development of properties for enhancement of property values and living conditions in the City, the following factors will be considered for requests for waivers/reductions of lot clearing, nuisance abatement, and/or unsafe structures/demolition liens. 1. Whether the violation has been brought into compliance regarding the violation cited. 2. Whether extreme or undue hardship is shown regarding payment of the lien and/or regarding coming into compliance with code requirements during the required time. 3. Whether there are existing code violations on other properties owned by the violator or prospective purchaser. 4. Whether there is a development or redevelopment proposal regarding the property which would result in improvement or upgrade of the property. 5. Whether, given such a development or redevelopment plan, it would be impractical to take the compliance action directed by the City Council. 6. Whether payment would hinder a proposed sale of the property. 7. Whether an appraisal of the property, submitted by the applicant, demonstrates to the City that the cost of the lien has been absorbed. 8. The amount of a lien will not be reduced below the amount representing administrative costs incurred by the city regarding the case. 6-8 26 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY LEGAL Case Reports. The city attorney shall furnish to the city council a quarterly report of pending litigation, identifying each case, opposing counsel, the nature of the case, and the status of the case as of the date of the report. In addition, the city attorney shall keep the city council and city manager advised from time to time as to significant developments in each case. 7-1 27 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) CITY COUNCIL POLICY LEISURE Ages 12 - 13 Supervised Use of City Recreation Fitness Facilities. The following guidelines govern the use of City recreation fitness facilities by users ages 12 and13. 1. This section shall apply to the use of fitness facilities for individuals who have achieved the age of 12 or 13 on the day of, or prior to, the day such individual requests such use. 2. Use of the fitness area by such person is governed by this Council policy and is limited to instances where such person is actively, directly supervised by the individual’s parent, legal guardian or a designated responsible adult, in a one on one setting. Any other use of City recreation facilities by 12 and 13 year olds is strictly prohibited. 3. A parent under this policy is defined as either biological parent or legal guardian. 4. A responsible adult under this policy is defined as a person who has achieved the age of 21 on the day of or prior to the date of the use and is designated by the parent or legal guardian on the “Parental Consent and Waiver/Release of Liability” form. 5. An acceptable level of supervision under this policy is considered to be achieved when the parent, legal guardian or designated responsible adult is not engaged in any other activity (i.e. working out or in conversation with another user) during the performance and attendance of the designated youth participant. 6. This level of supervision is designed to ensure proper focus and attention to achieve safety standards and requirements, including proper technique, appropriate equipment selection and use. Further, the required supervision is designed to protect other users of the facilities. 7. City staff will monitor for compliance of this policy. 8. Both the parent, legal guardian, or designated responsible adult and individual child must have valid access to the fitness facility by paying the appropriate daily fee, or by securing the proper membership that allows use of the area. In addition, the parent or legal guardian must agree to and sign the “Parental Consent and Waiver/Release of Liability” form and identify the responsible adult(s) who may supervise the child. 9. Staff, in its sole discretion, shall retain the right to eject any party not complying with this policy. In addition, failure to adhere to this policy shall result in immediate, permanent termination of the youth participant’s fitness facility use rights. 8-1 28 As Approved at 5/17/17 Council Meeting (3/18 foreclosure language added) Amplification of Sound at City Venues. The following guidelines govern the amplification of sound at City co-sponsored and private events held at City venues for musical and entertainment productions. 1. Amplification of sound and in particular music for an event must end at a specific time set by the City Manager or his designee. In general that time will be no later than 10:00 p.m. Sunday through Thursday and no later than 11:00 p.m. on Friday and Saturday, but on certain rare occasions permitted to be held longer. 2. Amplification of sound including music will not exceed an average of 95 decibel or dB level measured at the house mix over a period of 30 seconds. 3. Amplification of sound during the event will be measured by a City employee or City contractor by using a sound-level meter which is an instrument that includes a microphone, amplifier, RMS detector, integrator or time average, output or display meter and the weighting networks used to measure sound pressure levels. 4. The City employee or City contractor will measure the sound levels for every group performing at the event. 5. In the event a promoter or sponsor violates this policy, the City employee or City contractor will require that the sound levels be adjusted to meet the standard. If after the first warning the volumes are not adjusted to meet the policy, the City employee or City contractor will personally adjust the sound level to bring in compliance. 6. If a promoter or sponsor continues to violate this policy, then they will not be allowed to have concerts at City venues. 8-2 Holiday Decorations. Holiday decorations along the rights-of-way to be installed or paid for by the city will be limited to the Downtown Core, Memorial Causeway, South Gulfview to the southern point of Beach Walk, Mandalay south of Acacia and the business district on Sand Key. 8-3 Library Donor Naming Recognition. The following guidelines govern donor recognition with regard to naming buildings, areas, rooms, collections, furnishings and equipment: 1. Library building names will have geographical or functional names only and will not be subject to availability for donor recognition. Clearwater Main Library and North Greenwood Branch meet the policy guidelines, but John Doe Main Library does not. 2. Naming of library internal functional areas, rooms, and major collections is the prerogative of the City Council. 3. Collections of materials, equipment or furnishings, which are accepted as gifts by the Library Director, and/or funded by individuals, corporations or foundations, may be recognized by a discrete engraved plaque mounted on or near the gift as appropriate, with the name of the donor displayed. For example, "the John Doe collection of Illuminated Manuscripts" or "Computer Equipment for Research Provided and Maintained by the John Doe Corporation." 4. All signs and plaques printed with names of donors will be of similar appearance and will be consistent with the architectural design and interior decoration of the building. 8-4 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9129-18 2nd rdg Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Continue to May 17, 2018: Adopt Ordinance 9129-18 on second reading, vacating public right-of-way described as that certain portion of Haven Street right-of-way of Court Square, 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, among other things, 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. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2018 [GM17-9216-055/215742/1]1 Ord. No. 9129-18 ORDINANCE NO. 9129-18 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 4867, 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, AMONG OTHER THINGS, 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 and incorporated herein) (“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 and incorporated herein) (“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 [GM17-9216-055/215742/1]2 Ord. No. 9129-18 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, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The right-of-way described as follows: That certain portion of Platted Right-of-way of Haven Street as more particularly described in Exhibit “A” and that certain portion of Dedicated Right-of-way as more particularly described in Exhibit “B” is 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 set forth in full in Exhibit “D” attached hereto and incorporated herein) and the 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 days 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. [GM17-9216-055/215742/1]3 Ord. No. 9129-18 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 Court Square Plat Book 5, Page 53 Court Square Plat Book 5, Page 53 Court Square Plat Book 5, Page 53 CONTRACT FOR EXCHANGE OF REAL PROPERTY THIS CONTRACT FOR EXCHANGE OF REAL PROPERTY is made on _______________, 2018 (“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 and March 21, 2018, all of which are on file with the City Real Estate Department. [GM17-9216-055/217711/1] Page 1 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/Charter; (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);; and (3) 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 fail to provide access to the City, such failure shall constitute a material breach and 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. [GM17-9216-055/217711/1] Page 2 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. 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 include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE [GM17-9216-055/217711/1] Page 3 of 15 [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 17, 2018 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 acquired by the City 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. 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 [GM17-9216-055/217711/1] Page 4 of 15 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 21 (“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. b. [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. 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 [GM17-9216-055/217711/1] Page 5 of 15 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. Should COS 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 ensure 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, 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. [GM17-9216-055/217711/1] Page 6 of 15 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 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. [GM17-9216-055/217711/1] Page 7 of 15 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 contract, 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 Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. [GM17-9216-055/217711/1] Page 8 of 15 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. [GM17-9216-055/217711/1] Page 9 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 [GM17-9216-055/217711/1] Page 10 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 [GM17-9216-055/217711/1] Page 11 of 15 EXHIBIT “A” COS PROPERTY Parcel No. 15-29-15-53928-005-0011 [GM17-9216-055/217711/1] Page 12 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. [GM17-9216-055/217711/1] Page 13 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] [GM17-9216-055/217711/1] Page 14 of 15 [GM17-9216-055/217711/1] Page 15 of 15 9771432v1 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9134-18 2nd rdg Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9134-18 on second reading, annexing certain real properties whose post office addresses are 1500 Country Lane West and 1505 Country Lane East, all in Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2018 Ordinance No. 9134-18 ORDINANCE NO. 9134-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED ON THE SOUTH SIDE OF COUNTRY LANE WEST AND COUNTRY LANE EAST, APPROXIMATELY 525 FEET SOUTH OF SR 590 AND ½ MILE EAST OF US HIGHWAY 19 NORTH, WHOSE POST OFFICE ADDRESSES ARE 1500 COUNTRY LANE WEST AND 1505 COUNTRY LANE EAST, ALL IN 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 properties 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 properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for Legal Descriptions; (ATA2018-03001) 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. 9134-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ATA2018‐03001 ========================================================================================= 1500 Country Lane West – 08-29-16-18630-000-0110 Lot 11, Country Lane, and together with but without warrantees and it is not insured herender, that part of vacated lake described as from southwest corner Lot 11 run east 85 feet, thence south 70 degrees west 16.16 feet, thence south 9 degrees west 180.09 feet to center of lake, then north 19 degrees west 169.02 feet, thence north 32 degrees east 28.56 feet to point of beginning, according to plat thereof, as recorded in Plat Book 43, Page 65, of the Public Records of Pinellas County, Florida. 1505 Country Lane East – 09-29-16-18630-000-0090 Lot 9, COUNTRY LANE, according to the plat thereof, as recorded in Plat Book 43, Pages 65, of the Public Records of Pinellas County, Florida, together with a parcel of land in the NE ¼ of Section 8, Township 29, South, Range 16 East, Pinellas County Florida, being a portion of a tract of land designated at “Lake Patricia”, according to the Plat of Virginia Groves Estates as recorded in Plat Book 36, Pages 68 and 69, Public Records of Pinellas County, Florida, being further described as follows: Begin at a point of the South boundary of Lot 9, COUNTRY LANE, as recorded in Plat Book 43, Page 65, Public Records of Pinellas County, Florida, being also the Northeast corner of the aforesaid “Lake Patricia”, thence S 50°22’47” W., 285.1 feet to the center of said “Lake Patricia”, thence N 31°14’41” E., 191.97 feet; thence N 47°23’03” E., 27.24 feet to the Southwest corner of Lot 9; thence S 89°33’56” E., along the South boundary of Lot 9, a distance of 100.00 feet to the Point of Beginning. Exhibit B LAKE LAKE PATRICIA605050 50 50 60 60 503060 606060301863084960 4 4 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 23 4 5 6 7 8 9 10 11 14151617 29 30 31 32 33 34 35 36 37 38 39 8 9 11 12 1314 15 16 17 2A3A 5A 6A 7A 8A 10A 11A (27) SR 590 CALAMONDIN LN COUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1081 1 4 10410610511011610 71 0 9 1122771 1611 286128051613 28311555 285116412813 1516 1609 2 8 7 0 1612 2871 1600 1513 1612 1631 1604 16012785 285728501505 28411517 1600 15081501 16081608 28601605 1512 1512 28211509 1516 15041617 1604 1513 1521 1621 1505150115002772277127721509 1511 1605 1417 1605 1517 1601 1613 28411517 1421 16012777160927721611 -Not to Scale--Not a Survey-Rev. 3/5/2018 PROPOSED ANNEXATION Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NSR 590 OWEN DR E US-19 FRONTAGE RDPARK TRAIL LN EDENWOOD ST FAIRWOOD AVE E VIRGINIA LN CALAMONDIN LN WEST VIRGINIA LN KUMQUAT DR NAVEL DR PINEAPPLE LN GRANTWOOD AVE EVANS DR LUCAS DR GROVE DR JADEWOOD AVE BEACHWOOD AVE THOMAS DR AUDREY DR HOLLYWOOD AVE AVOCADO DR ST. CROIX DR DOVEWOOD ST SHADDOCK DR CARDINAL DR EL TRINDAD DR ECOUNTRY LN ECOUNTRY LN WSPRING LAKE DR -Not to Scale--Not a Survey-^ Rev. 3/7/2018 ^ C.S.X.RAILROAD LOCATION MAP Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) SR 590 SR 590 CALAMONDIN LN CALAMONDIN LN COUNTRY LN ECOUNTRY LN ECOUNTRY LN WCOUNTRY LN WSPRING LAKE DR SPRING LAKE DR L A K E CIR L A K E CIR -Not to Scale--Not a Survey-Rev. 3/5/2018 AERIAL PHOTOGRAPH Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE LAKE PATRICIA605050 50 50 60 60 503060 606060301863084960 4 4 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 23 4 5 6 7 8 9 10 11 14151617 29 30 31 32 33 34 35 36 37 38 39 8 9 11 12 1314 15 16 17 2A3A 5A 6A 7A 8A 10A 11A (27) SR 590 CALAMONDIN LN COUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1081 1 4 10410610511011610 71 0 9 1122771 1611 286128051613 28311555 285116412813 1516 1609 2 8 7 0 1612 2871 1600 1513 1612 1631 1604 16012785 285728501505 28411517 1600 15081501 16081608 28601605 1512 1512 28211509 1516 15041617 1604 1513 1521 1621 1505150115002772277127721509 1511 1605 1417 1605 1517 1601 1613 28411517 1421 16012777160927721611 -Not to Scale--Not a Survey-Rev. 3/5/2018 EXISTING SURROUNDING USES MAP Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property 1500 Country Lane West East of the subject property West of the subject property Across the street, to the north of the subject property ATA2018-03001 Charles J. Thorpe 1500 Country Lane West View looking easterly along Country Lane West View looking westerly along Country Lane West View looking south at the subject property 1505 Country Lane East East of the subject property West of the subject property Across the street, to the north of the subject property ATA2018-03001 Jacqueline C. Rowe Living Trust Peter Paul Nuspl Living Trust 1505 Country Lane East View looking easterly along Country Lane East View looking westerly along Country Lane East Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9135-18 2nd rdg Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9135-18 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 1500 Country Lane West and 1505 Country Lane East, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2018 Ordinance No. 9135-18 ORDINANCE NO. 9135-18 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 PROPERTIES LOCATED ON THE SOUTH SIDE OF COUNTRY LANE WEST AND COUNTRY LANE EAST, APPROXIMATELY 525 FEET SOUTH OF SR 590 AND ½ MILE EAST OF US HIGHWAY 19 NORTH, WHOSE POST OFFICE ADDRESSES ARE 1500 COUNTRY LANE WEST AND 1505 COUNTRY LANE EAST, ALL IN CLEARWATER, FLORIDA 33759, AS RESIDENTIAL LOW (RL), UPON ANNEXATION INTO THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for Legal Descriptions; Residential Low (RL) (ATA2018-03001) The map attached as Exhibit B is hereby incorporated by referen ce. 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. 9134-18. Ordinance No. 9135-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ATA2018‐03001 ========================================================================================= 1500 Country Lane West – 08-29-16-18630-000-0110 Lot 11, Country Lane, and together with but without warrantees and it is not insured herender, that part of vacated lake described as from southwest corner Lot 11 run east 85 feet, thence south 70 degrees west 16.16 feet, thence south 9 degrees west 180.09 feet to center of lake, then north 19 degrees west 169.02 feet, thence north 32 degrees east 28.56 feet to point of beginning, according to plat thereof, as recorded in Plat Book 43, Page 65, of the Public Records of Pinellas County, Florida. 1505 Country Lane East – 09-29-16-18630-000-0090 Lot 9, COUNTRY LANE, according to the plat thereof, as recorded in Plat Book 43, Pages 65, of the Public Records of Pinellas County, Florida, together with a parcel of land in the NE ¼ of Section 8, Township 29, South, Range 16 East, Pinellas County Florida, being a portion of a tract of land designated at “Lake Patricia”, according to the Plat of Virginia Groves Estates as recorded in Plat Book 36, Pages 68 and 69, Public Records of Pinellas County, Florida, being further described as follows: Begin at a point of the South boundary of Lot 9, COUNTRY LANE, as recorded in Plat Book 43, Page 65, Public Records of Pinellas County, Florida, being also the Northeast corner of the aforesaid “Lake Patricia”, thence S 50°22’47” W., 285.1 feet to the center of said “Lake Patricia”, thence N 31°14’41” E., 191.97 feet; thence N 47°23’03” E., 27.24 feet to the Southwest corner of Lot 9; thence S 89°33’56” E., along the South boundary of Lot 9, a distance of 100.00 feet to the Point of Beginning. Exhibit B LAKE LAKE PATRICIA605050 50 50 60 60 503060 606060301863084960 4 4 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 23 4 5 6 7 8 9 10 11 1 1 14151617 29 30 31 32 33 34 35 36 37 38 39 8 9 10 111 12 1314 15 16 17 18 2A3A 5A 6A 7A 8A 10A 11A (27) RL RU RL RU WATER RL WATER RL RL RL RL SR 590 CALAMONDIN LN COUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1081 1 4 104106105110116112 286128051613 28311555 285116412813 1516 1609 2 8 7 0 1612 2871 1600 1513 1612 1631 16042785 285728501505 28411517 1600 15081501 16081608 28601605 1512 1512 28211509 1516 15041617 1604 1513 1521 1621 11 10210 71 0 915051501150027722771277127721611 1509 1511 1605 1417 1605 1517 16011601 1613 28411517 1421 16012777160927721611 -Not to Scale--Not a Survey-Rev. 3/5/2018 FUTURE LAND USE MAP Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NSR 590 OWEN DR E US-19 FRONTAGE RDPARK TRAIL LN EDENWOOD ST FAIRWOOD AVE E VIRGINIA LN CALAMONDIN LN WEST VIRGINIA LN KUMQUAT DR NAVEL DR PINEAPPLE LN GRANTWOOD AVE EVANS DR LUCAS DR GROVE DR JADEWOOD AVE BEACHWOOD AVE THOMAS DR AUDREY DR HOLLYWOOD AVE AVOCADO DR ST. CROIX DR DOVEWOOD ST SHADDOCK DR CARDINAL DR EL TRINDAD DR ECOUNTRY LN ECOUNTRY LN WSPRING LAKE DR -Not to Scale--Not a Survey-^ Rev. 3/7/2018 ^ C.S.X.RAILROAD LOCATION MAP Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) SR 590 SR 590 CALAMONDIN LN CALAMONDIN LN COUNTRY LN ECOUNTRY LN ECOUNTRY LN WCOUNTRY LN WSPRING LAKE DR SPRING LAKE DR L A K E CIR L A K E CIR -Not to Scale--Not a Survey-Rev. 3/5/2018 AERIAL PHOTOGRAPH Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE LAKE PATRICIA605050 50 50 60 60 503060 606060301863084960 4 4 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 23 4 5 6 7 8 9 10 11 14151617 29 30 31 32 33 34 35 36 37 38 39 8 9 11 12 1314 15 16 17 2A3A 5A 6A 7A 8A 10A 11A (27) SR 590 CALAMONDIN LN COUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1081 1 4 10410610511011610 71 0 9 1122771 1611 286128051613 28311555 285116412813 1516 1609 2 8 7 0 1612 2871 1600 1513 1612 1631 1604 16012785 285728501505 28411517 1600 15081501 16081608 28601605 1512 1512 28211509 1516 15041617 1604 1513 1521 1621 1505150115002772277127721509 1511 1605 1417 1605 1517 1601 1613 28411517 1421 16012777160927721611 -Not to Scale--Not a Survey-Rev. 3/5/2018 EXISTING SURROUNDING USES MAP Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property 1500 Country Lane West East of the subject property West of the subject property Across the street, to the north of the subject property ATA2018-03001 Charles J. Thorpe 1500 Country Lane West View looking easterly along Country Lane West View looking westerly along Country Lane West View looking south at the subject property 1505 Country Lane East East of the subject property West of the subject property Across the street, to the north of the subject property ATA2018-03001 Jacqueline C. Rowe Living Trust Peter Paul Nuspl Living Trust 1505 Country Lane East View looking easterly along Country Lane East View looking westerly along Country Lane East Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9136-18 2nd rdg Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9136-18 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1500 Country Lane West and 1505 Country Lane East, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2018 Ordinance No. 9136-18 ORDINANCE NO. 9136-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED ON THE SOUTH SIDE OF COUNTRY LANE WEST AND COUNTRY LANE EAST, APPROXIMATELY 525 FEET SOUTH OF SR 590 AND ½ MILE EAST OF US HIGHWAY 19 NORTH, WHOSE POST OFFICE ADDRESSES ARE 1500 COUNTRY LANE WEST AND 1505 COUNTRY LANE EAST, ALL IN 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 properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9134-18. Property Zoning District See attached Exhibit A for Legal Descriptions; Low Medium Density Residential (LMDR) (ATA2018-03001) Ordinance No. 9136-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ATA2018‐03001 ========================================================================================= 1500 Country Lane West – 08-29-16-18630-000-0110 Lot 11, Country Lane, and together with but without warrantees and it is not insured herender, that part of vacated lake described as from southwest corner Lot 11 run east 85 feet, thence south 70 degrees west 16.16 feet, thence south 9 degrees west 180.09 feet to center of lake, then north 19 degrees west 169.02 feet, thence north 32 degrees east 28.56 feet to point of beginning, according to plat thereof, as recorded in Plat Book 43, Page 65, of the Public Records of Pinellas County, Florida. 1505 Country Lane East – 09-29-16-18630-000-0090 Lot 9, COUNTRY LANE, according to the plat thereof, as recorded in Plat Book 43, Pages 65, of the Public Records of Pinellas County, Florida, together with a parcel of land in the NE ¼ of Section 8, Township 29, South, Range 16 East, Pinellas County Florida, being a portion of a tract of land designated at “Lake Patricia”, according to the Plat of Virginia Groves Estates as recorded in Plat Book 36, Pages 68 and 69, Public Records of Pinellas County, Florida, being further described as follows: Begin at a point of the South boundary of Lot 9, COUNTRY LANE, as recorded in Plat Book 43, Page 65, Public Records of Pinellas County, Florida, being also the Northeast corner of the aforesaid “Lake Patricia”, thence S 50°22’47” W., 285.1 feet to the center of said “Lake Patricia”, thence N 31°14’41” E., 191.97 feet; thence N 47°23’03” E., 27.24 feet to the Southwest corner of Lot 9; thence S 89°33’56” E., along the South boundary of Lot 9, a distance of 100.00 feet to the Point of Beginning. Exhibit B LAKE LAKE PATRICIA605050 50 50 60 60 503060 606060301863084960 4 4 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 23 4 5 6 7 8 9 10 11 1 1 14151617 29 30 31 32 33 34 35 36 37 38 39 8 9 10 111 12 1314 15 16 17 18 2A3A 5A 6A 7A 8A 10A 11A (27) LMDR LMDR LMDR LMDRSR 590 CALAMONDIN LN COUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1081 1 4 10410610511011610 71 0 9 112 286128051613 28311555 285116412813 1516 1609 2 8 7 0 1612 2871 1600 1513 1612 1631 1604 16012785 285728501505 28411517 1600 15081501 16081608 28601605 1512 1512 28211509 1516 15041617 1604 1513 1521 1621 11 10215051501150027722771277127721611 1509 1511 1605 1417 1605 1517 1601 1613 28411517 1421 16012777160927721611 -Not to Scale--Not a Survey-Rev. 3/7/2018 ZONING MAP Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NSR 590 OWEN DR E US-19 FRONTAGE RDPARK TRAIL LN EDENWOOD ST FAIRWOOD AVE E VIRGINIA LN CALAMONDIN LN WEST VIRGINIA LN KUMQUAT DR NAVEL DR PINEAPPLE LN GRANTWOOD AVE EVANS DR LUCAS DR GROVE DR JADEWOOD AVE BEACHWOOD AVE THOMAS DR AUDREY DR HOLLYWOOD AVE AVOCADO DR ST. CROIX DR DOVEWOOD ST SHADDOCK DR CARDINAL DR EL TRINDAD DR ECOUNTRY LN ECOUNTRY LN WSPRING LAKE DR -Not to Scale--Not a Survey-^ Rev. 3/7/2018 ^ C.S.X.RAILROAD LOCATION MAP Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) SR 590 SR 590 CALAMONDIN LN CALAMONDIN LN COUNTRY LN ECOUNTRY LN ECOUNTRY LN WCOUNTRY LN WSPRING LAKE DR SPRING LAKE DR L A K E CIR L A K E CIR -Not to Scale--Not a Survey-Rev. 3/5/2018 AERIAL PHOTOGRAPH Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE LAKE PATRICIA605050 50 50 60 60 503060 606060301863084960 4 4 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 23 4 5 6 7 8 9 10 11 14151617 29 30 31 32 33 34 35 36 37 38 39 8 9 11 12 1314 15 16 17 2A3A 5A 6A 7A 8A 10A 11A (27) SR 590 CALAMONDIN LN COUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1081 1 4 10410610511011610 71 0 9 1122771 1611 286128051613 28311555 285116412813 1516 1609 2 8 7 0 1612 2871 1600 1513 1612 1631 1604 16012785 285728501505 28411517 1600 15081501 16081608 28601605 1512 1512 28211509 1516 15041617 1604 1513 1521 1621 1505150115002772277127721509 1511 1605 1417 1605 1517 1601 1613 28411517 1421 16012777160927721611 -Not to Scale--Not a Survey-Rev. 3/5/2018 EXISTING SURROUNDING USES MAP Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property 1500 Country Lane West East of the subject property West of the subject property Across the street, to the north of the subject property ATA2018-03001 Charles J. Thorpe 1500 Country Lane West View looking easterly along Country Lane West View looking westerly along Country Lane West View looking south at the subject property 1505 Country Lane East East of the subject property West of the subject property Across the street, to the north of the subject property ATA2018-03001 Jacqueline C. Rowe Living Trust Peter Paul Nuspl Living Trust 1505 Country Lane East View looking easterly along Country Lane East View looking westerly along Country Lane East Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9137-18 2nd rdg Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9137-18 on second reading, annexing certain real property whose post office address is 1756 El Trinidad Drive East, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2018 Ordinance No. 9137-18 ORDINANCE NO. 9137-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF EL TRINIDAD DRIVE EAST APPROXIMATELY 890 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1756 EL TRINIDAD DRIVE EAST, 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 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 Thirteen (13), Block Two (2), Virginia Grove Terrace Subdivision, according to the map or plat thereof as recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida; (ANX2018-03004) The map attached as Exhibit A is hereby incorporated by referen ce. 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. 9137-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A 6666 66 66 94338 943204 4 2 2 3 3 3 1 A 123456789 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 15 16 17 18 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 16 17 18 19 20 21 22 23 24 25 1 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR 1735 1777 1717 17211721 17652752 17372758 1739 280617762773 1736 1716 1734 1745 27641771 1713 1748277017642751 1782 1751 1733 1747 1728 28121724 1728 1777 1740 1746 1795 28181737 17412746 1736 1725 1733 1717 1729 1758 1720 1740 1730 1740 1729 1734 176517492780 1722 1752 1759 1725 1750 1789 1713 1759 1721 17202740 1746 1745 28241725 1727 1729 173127591741 17711755 1726 1716 1717 1751 1732 1715 175527761772 1788 1753 1783 1770 28 16 1754 1764 40 44 172424 482747 1756 36 32 282420 754 1737 1749-Not to Scale--Not a Survey-Rev. 3/2/2018 PROPOSED ANNEXATION Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NSR 590 SOUTH DR SUNSET POINT RD E US-19 FRONTAGE RDOWEN DR EVANS DR MORNINGSIDE DR WOODRING DR LUCAS DR DIANE DR GROVE DR AUDREY DR THOMAS DR ST. CROIX DR N TERRACE DR CARDINAL DR EL TRINDAD DR ECARLTON DR SKYLAND DR MARILYN DR ST. ANTHONY DR DIANE TER N TERRACE DR COACHMAN PLAZA DR HARBOR CIR AUDREY DR OWEN DR CARDINAL DR -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 3/2/2018 LOCATION MAP Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) GROVE DR GROVE DR THOMAS DR THOMAS DR ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR EN TERRACE DRN TERRACE DR -Not to Scale--Not a Survey-Rev. 3/2/2018 AERIAL PHOTOGRAPH Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 6666 66 66 94338 943204 4 2 2 3 3 3 1 A 123456789 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 15 16 17 18 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 16 17 18 19 20 21 22 23 24 25 1 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR 1735 1777 1717 17211721 17652752 17372758 1739 280617762773 1736 1716 1734 1745 27641771 1713 1748277017642751 1782 1751 1733 1747 1728 28121724 1728 1777 1740 1746 1795 28181737 17412746 1736 1725 1733 1717 1729 1758 1720 1740 1730 1740 1729 1734 176517492780 1722 1752 1759 1725 1750 1789 1713 1759 1721 17202740 1746 1745 28241725 1727 1729 173127591741 17711755 1726 1716 1717 1751 1732 1715 175527761772 1788 1753 1783 1770 28 16 1754 1764 40 44 172424 482747 1756 36 32 282420 754 1737 1749-Not to Scale--Not a Survey-Rev. 3/2/2018 EXISTING SURROUNDING USES MAP Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property 1756 El Trinidad Drive E North of the subject property South of the subject property Across the street, to the east of the subject property ANX2018-03004 Betty Sloan 1756 El Trinidad Drive E View looking northerly along El Trinidad Drive E View looking southerly along El Trinidad Drive E Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9138-18 2nd rdg Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9138-18 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1756 El Trinidad Drive East, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2018 Ordinance No. 9138-18 ORDINANCE NO. 9138-18 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 WEST SIDE OF EL TRINIDAD DRIVE EAST APPROXIMATELY 890 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1756 EL TRINIDAD DRIVE EAST, CLEARWATER, FLORIDA 33759, AS RESIDENTIAL LOW (RL), UPON ANNEXATION INTO THE CITY OF CLEARWATER; 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 Thirteen (13), Block Two (2), Virginia Grove Terrace Subdivision, according to the map or plat thereof as recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2018-03004) The map attached as Exhibits 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. 9137-18. Ordinance No. 9138-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A 6666 66 66 94338 943204 4 2 2 3 3 3 1 A 123456789 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 15 16 17 18 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 16 17 18 19 20 21 22 23 24 25 1 RL RL RL RL RU RU RU RU RL PPP GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR 1735 1777 1717 17211721 176527522758 1739 280617762773 1736 1716 1734 1745 27641771 1713 1748277017642751 1782 1751 1733 1747 1728 28121724 1728 1777 1740 1746 1795 28181737 17412746 1736 1725 1733 1717 1729 1758 1720 1730 1740 1729 1734 176517492780 1722 1752 1759 1725 1750 1713 1759 1721 1720 1746 28241725 1727 1729 173127591741 17711755 1726 1716 1717 1751 1732 1715 175527761772 1788 1753 1783 1770 1737 28 16 1754 1764 40 44 172424 48 174027471756 36 32 1789 282427401745 20 754 1737 1749-Not to Scale--Not a Survey-Rev. 3/2/2018 FUTURE LAND USE MAP Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NSR 590 SOUTH DR SUNSET POINT RD E US-19 FRONTAGE RDOWEN DR EVANS DR MORNINGSIDE DR WOODRING DR LUCAS DR DIANE DR GROVE DR AUDREY DR THOMAS DR ST. CROIX DR N TERRACE DR CARDINAL DR EL TRINDAD DR ECARLTON DR SKYLAND DR MARILYN DR ST. ANTHONY DR DIANE TER N TERRACE DR COACHMAN PLAZA DR HARBOR CIR AUDREY DR OWEN DR CARDINAL DR -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 3/2/2018 LOCATION MAP Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) GROVE DR GROVE DR THOMAS DR THOMAS DR ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR EN TERRACE DRN TERRACE DR -Not to Scale--Not a Survey-Rev. 3/2/2018 AERIAL PHOTOGRAPH Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 6666 66 66 94338 943204 4 2 2 3 3 3 1 A 123456789 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 15 16 17 18 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 16 17 18 19 20 21 22 23 24 25 1 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR 1735 1777 1717 17211721 17652752 17372758 1739 280617762773 1736 1716 1734 1745 27641771 1713 1748277017642751 1782 1751 1733 1747 1728 28121724 1728 1777 1740 1746 1795 28181737 17412746 1736 1725 1733 1717 1729 1758 1720 1740 1730 1740 1729 1734 176517492780 1722 1752 1759 1725 1750 1789 1713 1759 1721 17202740 1746 1745 28241725 1727 1729 173127591741 17711755 1726 1716 1717 1751 1732 1715 175527761772 1788 1753 1783 1770 28 16 1754 1764 40 44 172424 482747 1756 36 32 282420 754 1737 1749-Not to Scale--Not a Survey-Rev. 3/2/2018 EXISTING SURROUNDING USES MAP Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property 1756 El Trinidad Drive E North of the subject property South of the subject property Across the street, to the east of the subject property ANX2018-03004 Betty Sloan 1756 El Trinidad Drive E View looking northerly along El Trinidad Drive E View looking southerly along El Trinidad Drive E Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9139-18 2nd rdg Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 9139-18 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1756 El Trinidad Drive East, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2018 Ordinance No. 9139-18 ORDINANCE NO. 9139-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF EL TRINIDAD DRIVE EAST APPROXIMATELY 890 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1756 EL TRINIDAD DRIVE EAST, 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. 9137-18. Property Zoning District Lot Thirteen (13), Block Two (2), Virginia Grove Terrace Subdivision, according to the map or plat thereof as recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2018-03004) Ordinance No. 9139-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A 6666 66 66 94338 943204 4 2 2 3 3 3 1 A 123456789 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 15 16 17 18 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 16 17 18 19 20 21 22 23 24 25 1 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR LMDR 1735 1777 1717 17211721 17652752 17372758 1739 280617762773 1736 1716 1734 1745 27641771 1713 1748277017642751 1782 1751 1733 1747 1728 28121724 1728 1777 1740 1746 1795 28181737 17412746 1736 1725 1733 1717 1729 1758 1720 1740 1730 1740 1729 1734 176517492780 1722 1752 1759 1725 1750 1789 1713 1759 1721 17202740 1746 1745 28241725 1727 1729 173127591741 17711755 1726 1716 1717 1751 1732 1715 175527761772 1788 1753 1783 1770 28 16 1754 1764 40 44 172424 482747 1756 36 32 282420 754 1737 1749-Not to Scale--Not a Survey-Rev. 3/2/2018 ZONING MAP Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NSR 590 SOUTH DR SUNSET POINT RD E US-19 FRONTAGE RDOWEN DR EVANS DR MORNINGSIDE DR WOODRING DR LUCAS DR DIANE DR GROVE DR AUDREY DR THOMAS DR ST. CROIX DR N TERRACE DR CARDINAL DR EL TRINDAD DR ECARLTON DR SKYLAND DR MARILYN DR ST. ANTHONY DR DIANE TER N TERRACE DR COACHMAN PLAZA DR HARBOR CIR AUDREY DR OWEN DR CARDINAL DR -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 3/2/2018 LOCATION MAP Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) GROVE DR GROVE DR THOMAS DR THOMAS DR ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR EN TERRACE DRN TERRACE DR -Not to Scale--Not a Survey-Rev. 3/2/2018 AERIAL PHOTOGRAPH Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 6666 66 66 94338 943204 4 2 2 3 3 3 1 A 123456789 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 15 16 17 18 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 16 17 18 19 20 21 22 23 24 25 1 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR 1735 1777 1717 17211721 17652752 17372758 1739 280617762773 1736 1716 1734 1745 27641771 1713 1748277017642751 1782 1751 1733 1747 1728 28121724 1728 1777 1740 1746 1795 28181737 17412746 1736 1725 1733 1717 1729 1758 1720 1740 1730 1740 1729 1734 176517492780 1722 1752 1759 1725 1750 1789 1713 1759 1721 17202740 1746 1745 28241725 1727 1729 173127591741 17711755 1726 1716 1717 1751 1732 1715 175527761772 1788 1753 1783 1770 28 16 1754 1764 40 44 172424 482747 1756 36 32 282420 754 1737 1749-Not to Scale--Not a Survey-Rev. 3/2/2018 EXISTING SURROUNDING USES MAP Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property 1756 El Trinidad Drive E North of the subject property South of the subject property Across the street, to the east of the subject property ANX2018-03004 Betty Sloan 1756 El Trinidad Drive E View looking northerly along El Trinidad Drive E View looking southerly along El Trinidad Drive E Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9140-18 2nd rdg Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.8 SUBJECT/RECOMMENDATION: Adopt Ordinance 9140-18 on second reading, annexing certain real properties whose post office addresses are 3018 Glen Oak Avenue North and 3047 Hoyt Avenue, all in Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2018 Ordinance No. 9140-18 ORDINANCE NO. 9140-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590 AND WITHIN 1/4 MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3018 GLEN OAK AVENUE NORTH AND 3047 HOYT AVENUE, ALL WITHIN 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 properties 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 properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for Legal Descriptions (ANX2018-01003) 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. 9140-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A Legal Descriptions for ANX2018-01003 Legal Description Address Parcel Number Lot 22, Block C, KAPOK TERRACE, according to the map or plat thereof, recorded in Plat Book 36, pages 14 and 15, of the Public Records of Pinellas County, Florida. 3018 Glen Oak Avenue North 09‐29‐16‐45126‐003‐0220 Lot 7, Block J, KAPOK TERRACE, 1ST ADDITION, according to the Plat thereof as recorded in Plat Book 49, Page 48, Public Records of Pinellas County, Florida. 3047 Hoyt Avenue 09‐29‐16‐45144‐010‐0070 Exhibit B 50 41/01 1.2 184293038 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 30 207.5 190.5 190.5 207.5 207.5 60 60 60 6060202 198 20060 6060606088245 45144 82890 45126 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 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 11 1 3 3 (14) 1 2 3 4 5 6 7 8 9 10 11 12 32/01 33/02 1.4 1.4 33/01 1.57 A C(C) A C(C) A C(C) A C(C)MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 920 914 906 904 8 0 6 901 8 0 0 808 7 1 2 800 601 911 923 918 602 9 0 6 917 8 0 1 7 0 8 809 801 815 701 511 924 907 900 91 1 807 510 600 30693064303530013058301930103061303430033059299830303065305330413013304230803036305930123047304030123064307630253001302130243071307230503036304730003060301930533041304730713006307130003031301330553035304130063065305930493077302930073035304130583041302330413070304830523024305830203006307730813018300030403046304730243063303030763052307030403064304630753057307630253074305330653070302630443035305230073077300630403031302529503012304630343030916 912 910 908 50 915 60 70 3012304030473046305331003018-Not to Scale--Not a Survey-Rev. 3/22/2018 PROPOSED ANNEXATION Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST BAYVIEW AVE MOSS AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TE RR ACE VIEW LN BRIGADOON DR -Not to Scale--Not a Survey-^ Rev. 3/22/2018 ^ LOCATION MAP Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE BAYVIEW AVE BAYVIEW AVE MERRILL AVE MERRILL AVE HOYT AVE HOYT AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD GRAND VIEW AVE GRAND VIEW AVE LAKE VISTA DR LAKE VISTA DR GLEN OAK AVE NGLEN OAK AVE N TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE E-Not to Scale--Not a Survey-Rev. 3/22/2018 AERIAL PHOTOGRAPH Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 50 41/01 1.2 184293038 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 30 207.5 190.5 190.5 207.5 207.5 60 60 60 6060202 198 20060 6060606088245 45144 82890 45126 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 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 11 1 3 3 (14) 1 2 3 4 5 6 7 8 9 10 11 12 32/01 33/02 1.4 1.4 33/01 1.57 A C(C) A C(C) A C(C) A C(C)MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 920 914 906 904 8 0 6 901 8 0 0 808 7 1 2 800 601 911 923 918 602 9 0 6 917 8 0 1 7 0 8 809 801 815 701 511 924 907 900 91 1 807 510 600 30693064303530013058301930103061303430033059299830303065305330413013304230803036305930123047304030123064307630253001302130243071307230503036304730003060301930533041304730713006307130003031301330553035304130063065305930493077302930073035304130583041302330413070304830523024305830203006307730813018300030403046304730243063303030763052307030403064304630753057307630253074305330653070302630443035305230073077300630403031302529503012304630343030916 912 910 908 50 915 60 70 3012304030473046305331003018-Not to Scale--Not a Survey-Rev. 3/22/2018 EXISTING SURROUNDING USES MAP Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Park Single Family Residential Single Family Residential Single Family Residential Single Family Residential Park View looking north at the subject property, 3018 Glen Oak Avenue North East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-01003 William S. Nye 3018 Glen Oak Avenue North View looking easterly along Glen Oak Avenue North View looking westerly along Glen Oak Avenue North View looking south at the subject property, 3047 Hoyt Avenue Across the street, to the north of the subject property West of the subject property East of the subject property ANX2018-01003 Lauren & Jonathan Schaeffer 3047 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: 9141-18 2nd rdg Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.9 SUBJECT/RECOMMENDATION: Adopt Ordinance 9141-18 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 3018 Glen Oak Avenue North and 3047 Hoyt Avenue, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2018 Ordinance No. 9141-18 ORDINANCE NO. 9141-18 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 PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590 AND WITHIN 1/4 MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3018 GLEN OAK AVENUE NORTH AND 3047 HOYT AVENUE, ALL WITHIN 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 properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for Legal Descriptions Residential Low (RL) (ANX2018-01003) 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. 9140-18. Ordinance No. 9141-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A Legal Descriptions for ANX2018-01003 Legal Description Address Parcel Number Lot 22, Block C, KAPOK TERRACE, according to the map or plat thereof, recorded in Plat Book 36, pages 14 and 15, of the Public Records of Pinellas County, Florida. 3018 Glen Oak Avenue North 09‐29‐16‐45126‐003‐0220 Lot 7, Block J, KAPOK TERRACE, 1ST ADDITION, according to the Plat thereof as recorded in Plat Book 49, Page 48, Public Records of Pinellas County, Florida. 3047 Hoyt Avenue 09‐29‐16‐45144‐010‐0070 Exhibit B 50 41/01 1.2 184293038 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 30 207.5 190.5 190.5 207.5 207.5 60 60 60 6060202 198 20060 6060606088245 45144 82890 45126 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 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 11 1 3 3 (14) 1 2 3 4 5 6 7 8 9 10 11 12 32/01 33/02 1.4 1.4 33/01 1.57 A C(C) A C(C) A C(C) A C(C) P R/OS RL RL RL RLRL RL RL R/OS CG R/OS RU RL RL RL RL P CG R/OS WATER RL WATER RH RU RU RU RU RL P RL RH MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 914 906 904 8 0 6 901 8 0 0 808 7 1 2 800 601 911 918 602 9 0 6 8 0 1 7 0 8 809 801 815 701 511 924 907 900 91 1 807 510 600 30693064303530583019301030613034300330592998303030653053304130423080303630593012304730123064307630013021302430713072305030363047300030603019305330413047307130063071300030313013305530353041300630653077302930073035304130583041302330413070304830523024305830203006307730813018304030463047302430633030307630703040306430463075307630253074305330653070302630443035300730773006304030252950301230343030920 916 912 910 908 50 923 915 917 60 703001 301330123040302530593049304030003052305730473046305331003052303130183046-Not to Scale--Not a Survey-Rev. 3/22/2018 FUTURE LAND USE MAP Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST BAYVIEW AVE MOSS AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TE RR ACE VIEW LN BRIGADOON DR -Not to Scale--Not a Survey-^ Rev. 3/22/2018 ^ LOCATION MAP Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE BAYVIEW AVE BAYVIEW AVE MERRILL AVE MERRILL AVE HOYT AVE HOYT AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD GRAND VIEW AVE GRAND VIEW AVE LAKE VISTA DR LAKE VISTA DR GLEN OAK AVE NGLEN OAK AVE N TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE E-Not to Scale--Not a Survey-Rev. 3/22/2018 AERIAL PHOTOGRAPH Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 50 41/01 1.2 184293038 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 30 207.5 190.5 190.5 207.5 207.5 60 60 60 6060202 198 20060 6060606088245 45144 82890 45126 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 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 11 1 3 3 (14) 1 2 3 4 5 6 7 8 9 10 11 12 32/01 33/02 1.4 1.4 33/01 1.57 A C(C) A C(C) A C(C) A C(C)MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 920 914 906 904 8 0 6 901 8 0 0 808 7 1 2 800 601 911 923 918 602 9 0 6 917 8 0 1 7 0 8 809 801 815 701 511 924 907 900 91 1 807 510 600 30693064303530013058301930103061303430033059299830303065305330413013304230803036305930123047304030123064307630253001302130243071307230503036304730003060301930533041304730713006307130003031301330553035304130063065305930493077302930073035304130583041302330413070304830523024305830203006307730813018300030403046304730243063303030763052307030403064304630753057307630253074305330653070302630443035305230073077300630403031302529503012304630343030916 912 910 908 50 915 60 70 3012304030473046305331003018-Not to Scale--Not a Survey-Rev. 3/22/2018 EXISTING SURROUNDING USES MAP Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Park Single Family Residential Single Family Residential Single Family Residential Single Family Residential Park View looking north at the subject property, 3018 Glen Oak Avenue North East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-01003 William S. Nye 3018 Glen Oak Avenue North View looking easterly along Glen Oak Avenue North View looking westerly along Glen Oak Avenue North View looking south at the subject property, 3047 Hoyt Avenue Across the street, to the north of the subject property West of the subject property East of the subject property ANX2018-01003 Lauren & Jonathan Schaeffer 3047 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: 9142-18 2nd rdg Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.10 SUBJECT/RECOMMENDATION: Adopt Ordinance 9142-18 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 3018 Glen Oak Avenue North and 3047 Hoyt Avenue, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2018 Ordinance No. 9142-18 ORDINANCE NO. 9142 -18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590 AND WITHIN 1/4 MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3018 GLEN OAK AVENUE NORTH AND 3047 HOYT AVENUE, ALL WITHIN 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 properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9140-18. Property Zoning District See attached Exhibit A for Legal Descriptions Low Medium Density Residential (LMDR) (ANX2018-01003) Ordinance No. 9142-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A Legal Descriptions for ANX2018-01003 Legal Description Address Parcel Number Lot 22, Block C, KAPOK TERRACE, according to the map or plat thereof, recorded in Plat Book 36, pages 14 and 15, of the Public Records of Pinellas County, Florida. 3018 Glen Oak Avenue North 09‐29‐16‐45126‐003‐0220 Lot 7, Block J, KAPOK TERRACE, 1ST ADDITION, according to the Plat thereof as recorded in Plat Book 49, Page 48, Public Records of Pinellas County, Florida. 3047 Hoyt Avenue 09‐29‐16‐45144‐010‐0070 Exhibit B MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE ELMDR C OS/R P OS/R 932 920 914 906 904 8 0 6 901 8 0 0 808 7 1 2 800 601 911 923 918 602 9 0 6 917 8 0 1 7 0 8 809 801 815 701 511 924 907 900 91 1 807 510 600 30693064303530013058301930103061303430033059299830303065305330413013304230803036305930123047304030123064307630253001302130243071307230503036304730003060301930533041304730713006307130003031301330553035304130063065305930493077302930073035304130583041302330413070304830523024305830203006307730813018300030403046304730243063303030763052307030403064304630753057307630253074305330653070302630443035305230073077300630403031302529503012304630343030LDR HDR 916 912 910 908 50 915 60 70 3012304030473046305331003018-Not to Scale--Not a Survey-Rev. 3/22/2018 ZONING MAP Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST BAYVIEW AVE MOSS AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TE RR ACE VIEW LN BRIGADOON DR -Not to Scale--Not a Survey-^ Rev. 3/22/2018 ^ LOCATION MAP Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE BAYVIEW AVE BAYVIEW AVE MERRILL AVE MERRILL AVE HOYT AVE HOYT AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD GRAND VIEW AVE GRAND VIEW AVE LAKE VISTA DR LAKE VISTA DR GLEN OAK AVE NGLEN OAK AVE N TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE E-Not to Scale--Not a Survey-Rev. 3/22/2018 AERIAL PHOTOGRAPH Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 50 41/01 1.2 184293038 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 30 207.5 190.5 190.5 207.5 207.5 60 60 60 6060202 198 20060 6060606088245 45144 82890 45126 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 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 11 1 3 3 (14) 1 2 3 4 5 6 7 8 9 10 11 12 32/01 33/02 1.4 1.4 33/01 1.57 A C(C) A C(C) A C(C) A C(C)MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 920 914 906 904 8 0 6 901 8 0 0 808 7 1 2 800 601 911 923 918 602 9 0 6 917 8 0 1 7 0 8 809 801 815 701 511 924 907 900 91 1 807 510 600 30693064303530013058301930103061303430033059299830303065305330413013304230803036305930123047304030123064307630253001302130243071307230503036304730003060301930533041304730713006307130003031301330553035304130063065305930493077302930073035304130583041302330413070304830523024305830203006307730813018300030403046304730243063303030763052307030403064304630753057307630253074305330653070302630443035305230073077300630403031302529503012304630343030916 912 910 908 50 915 60 70 3012304030473046305331003018-Not to Scale--Not a Survey-Rev. 3/22/2018 EXISTING SURROUNDING USES MAP Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Park Single Family Residential Single Family Residential Single Family Residential Single Family Residential Park View looking north at the subject property, 3018 Glen Oak Avenue North East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-01003 William S. Nye 3018 Glen Oak Avenue North View looking easterly along Glen Oak Avenue North View looking westerly along Glen Oak Avenue North View looking south at the subject property, 3047 Hoyt Avenue Across the street, to the north of the subject property West of the subject property East of the subject property ANX2018-01003 Lauren & Jonathan Schaeffer 3047 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#18-4555 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 12.1 SUBJECT/RECOMMENDATION: Advantage Group Letter submitted by Bud Elias. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4382 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 16.1 SUBJECT/RECOMMENDATION: International AIDS Candlelight Memorial Day - Ellen Bauer, AIDS Partnership, Inc. - Ms. Ellen Bauer, AIDS Partnership, Inc. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4527 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 16.2 SUBJECT/RECOMMENDATION: Cinco de May Day Proclamation - Juan Sabines Guerrero, Mexican Consul of the Mexican Consulate in Orlando SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4528 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 16.3 SUBJECT/RECOMMENDATION: Drinking Water Week Proclamation - David Porter, Director of Public Utilities SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4529 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 16.4 SUBJECT/RECOMMENDATION: Homeownership Month Proclamation - Terry Malcolm-Smith, Economic Development and Housing Department SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4530 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 16.5 SUBJECT/RECOMMENDATION: Relay for Life Weekend Proclamation - Nichole Tenderholt, Relay for Life Event Coordinator SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4531 Agenda Date: 4/30/2018 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 16.6 SUBJECT/RECOMMENDATION: Water Reuse Week Proclamation - David Porter, Director of Public Utilities SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2018