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09/16/2021Thursday, September 16, 2021 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda September 16, 2021City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following two options: 1) eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. Comments received during the meeting will become part of the official record, if posted prior to the closing of public comment. The City Clerk will read received comments into the record. 2) Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5:00 p.m. the day before the meeting (September 15) will become part of the official record. The City Clerk will read received comments into the record. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 September Service Awards 4.2 Parks & Recreation Volunteer of the Year Award - Samantha (Sam) Moullet, Recreation Specialist 4.3 Public Natural Gas Week Proclamation - Chuck Warrington, Clearwater Gas System 4.4 Library Board Annual Report - Donna Dennis, Library Board Chair Page 2 City of Clearwater Printed on 9/14/2021 September 16, 2021City Council Meeting Agenda 5. Approval of Minutes 5.1 Approve the minutes of the September 2, 2021 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Approve a local government contribution of $75,000 in General Fund Reserves to be set aside as a commitment for the Minimum Local Government Contribution that is required for Archway Partners, LLC (Archway) to receive a basis boost in the State of Florida’s Low Income Housing Tax Credit Program (LIHTC) for an 80-unit affordable housing development project at 1250 Cleveland Street; approve Section 15.18 and 15.21 of the Development Agreement between the Community Redevelopment Agency of the City of Clearwater and Archway and authorize the appropriate officials to execute same. (consent) 7.2 Approve the purchase of excess liability, excess workers compensation, and numerous specialty insurance policies from October 1, 2021 through September 30, 2022 at an amount not to exceed $1,300,000 pursuant to City Code of Ordinances Section 2.563(1)(i), Insurance, and authorize the appropriate officials to execute same. (consent) 7.3 Approve an extension of the Claims Service Contract with Sedgwick Claims Management Services, Inc. of Nashville, TN, in the not-to-exceed amount of $300,000 for a three-year term, pursuant to City Code of Ordinances Section 2.563, (1)(i), Insurance, and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 9/14/2021 September 16, 2021City Council Meeting Agenda 7.4 Approve a two-year extension of Master Banking Services Agreement with Wells Fargo Bank, N.A. for the period October 1, 2021 through September 30, 2023, for a not-to-exceed total of $240,000, for banking and custodial safekeeping services, and authorize the appropriate officials to execute same. (consent) 7.5 Approve a one-year renewal term for the professional services agreement between the City of Clearwater and Evernorth Direct Health, LLC (formerly Cigna Onsite Health, LLC) to provide onsite health clinic services to employees, family members, and retirees who are covered by the City of Clearwater health insurance for a not to exceed amount of $1,721,400 and authorize the appropriate officials to execute same. (consent) 7.6 Authorize the funding of city medical insurance for the Administrative Services Agreement between the City and Cigna Healthcare under a self-insured funding arrangement for the period January 1, 2022 through December 31, 2022, at a total not-to-exceed $22.5 million, to be funded by city budgeted funds, payroll deductions of employees, retiree premiums, and an estimated $1.7 million of Central Insurance Fund reserves. (consent) 7.7 Approve the amendment to the collective bargaining agreement as negotiated between the City of Clearwater and Communications Workers of America, Local 3179 (CWA) for Fiscal year 2021/2022 and authorize the appropriate officials to execute same. (consent) 7.8 Approve a one-year Agreement with Juvenile Welfare Board (JWB) and the City of Clearwater for funding youth programs and approve a first quarter budget amendment of $394,095 in special program G2107, JWB Youth Programming and authorize the appropriate officials to execute same. (consent) 7.9 Approve the Agreement between the Martin Luther King Jr. Neighborhood Family Center, Inc. (MLKNFC) and the City of Clearwater for the recreational, educational, and social programming at the North Greenwood Recreation and Aquatics Complex and North Greenwood Library from October 1, 2021 through September 30, 2026 with one five-year extension and authorize the appropriate officials to execute same. (consent) 7.10 Approve a purchase order to TriTech Software Systems of San Diego, CA for the renewal of TriTech Software Support in the amount of $198,451.06 from October 1, 2021 through September 30, 2022, pursuant to City Code of Ordinances Section 2.563(1)(a), Single Source, and authorize the appropriate officials to execute same. (consent) 7.11 Approve the final plat for Angelfish, whose physical address is 25400 US Highway 19 North, located on the west side of US Highway 19 North, approximately one-half mile south of Enterprise Road. (consent) Page 4 City of Clearwater Printed on 9/14/2021 September 16, 2021City Council Meeting Agenda 7.12 Authorize an increase to Contract 900566 and approve the service agreement addendum to Convergint Technologies, LTD of Schaumburg, IL in an amount of $375,000.00 for a new not to exceed amount of $881,392.22 for the period January 5, 2019 through January 3, 2024, pursuant to Request for Proposal (RFP) 32-18, Building Security Hardware and Software and authorize the appropriate officials to execute same. (consent) 7.13 Approve a contract with GeoNexus Technologies, LLC (GeoNexus) of Ann Arbor, MI for software licensing and maintenance of field mobility software and integration services in the amount of $286,831.20 for the period October 1, 2021 through September 30, 2024 pursuant to City Code of Ordinances Section 2.563(1)(a) Single Source and authorize the appropriate officials to execute same. (consent) 7.14 Authorize a purchase order with Verizon Wireless for basic cellular/smart phones and mobile data services in an amount of $225,000.00 for the period of October 1, 2021 through January 19, 2022, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) 7.15 Approve a purchase order (contract) to Oracle America, Inc. of Redwood Shores, CA for software maintenance in a not-to-exceed amount of $303,229.47 for term October 1, 2021 through September 30, 2022 pursuant to City Code of Ordinances 2.563 (1)(a) single source and authorize the appropriate officials to execute same. (consent) 7.16 Authorize a purchase order to Tencarva Machinery CO LLC, dba Hudson Pump and Equipment Associates, Inc. Of Greensboro NC for additional SmartCover Systems associated with wastewater system manhole sewage level monitoring equipment in a not-to-exceed amount of $49,912.00, pursuant to Clearwater Code of Ordinances 2.563(1)(a) single source and authorize the appropriate officials to execute same. (consent) 7.17 Authorize a purchase order to Rexel USA, Inc of Dallas, TX for Allen-Bradley equipment, parts, and maintenance in an annual not-to-exceed amount of $150,000.00 for the term of October 17, 2021 through October 16, 2022 with the option for two, one-year renewals at the City's discretion pursuant to Clearwater Code of Ordinances 2.563(1)(a) single source and authorize the appropriate officials to execute same. (consent) 7.18 Approve an Interlocal Agreement between the City of Clearwater and the Community Redevelopment Agency (CRA) to provide staffing and administrative services for the CRA, provided for the reimbursement of certain expense by the CRA to the City, and authorize the appropriate officials to execute same. (consent) 7.19 Request for authority to initiate a quiet title action against the real property located at 407 Vine Avenue, Clearwater, FL. (consent) Page 5 City of Clearwater Printed on 9/14/2021 September 16, 2021City Council Meeting Agenda 7.20 Request for authority to initiate foreclosure actions on behalf of the City to recover of amounts owed on municipal liens imposed against certain real property. (consent) 7.21 Appoint Jon Jennings as City Manager effective November 8, 2021 and approve the Employment Agreement. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Set final millage rate of 5.9550 mills for fiscal year 2021/2022 against non-exempt real and personal property within the City of Clearwater and pass Ordinance 9497-21 on first reading. 8.2 Approve the City of Clearwater Annual Operating Budget for the 2021/2022 fiscal year and pass Ordinance 9498-21 on first reading. 8.3 Approve the fiscal year 2021/2022 Annual Capital Improvement Budget, establish a six-year plan for the Capital Improvement Program (CIP), and pass Ordinance 9499-21 on first reading. 8.4 Approve the recommended Penny for Pinellas project list, as revised for fiscal years 2021/2022 through 2029/2030. 8.5 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for certain residential real property with the legal description attached hereto as Exhibit A and pass Ordinances 9481-21, 9482-21, and 9483-21 on first reading. (ANX2021-06010) 8.6 Approve the annexation, initial Future Land Use Map designations of US 19-Regional Center (US 19-RC) and Water, and initial Zoning Atlas designations of US 19 and Preservation (P) Districts for two unaddressed parcels located between 2975 Gulf to Bay Boulevard and Old Tampa Bay; and pass ordinances 9490-21, 9491-21, and 9492-21 on first reading. (ANX2021-07012) Page 6 City of Clearwater Printed on 9/14/2021 September 16, 2021City Council Meeting Agenda 8.7 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1729 Brentwood Drive, and pass Ordinances 9493-21, 9494-21, and 9495-21 on first reading. (ANX2021-07013) 8.8 Approve amendments to the Community Development Code revising Section 3-909, Outdoor cafés located within public right(s)-of-way and Appendix A Schedule of Fees, Rate and Charges and pass Ordinance 9487-21 on first reading. (TA2021-07002) 8.9 Amend Clearwater Community Development Code Article 3, Development Standards, Section 3-204., which relates to accessory uses and structures standards, to add subsection I, which will allow for the keeping of chickens as an accessory use in certain residential zoning districts and provide standards for associated accessory structures, and pass Ordinance 9488-21 on first reading. 8.10 Approve the request from city staff to vacate two Drainage and Utility Easements that were retained as a part of Ordinance 6879-01 of the City of Clearwater, Florida as recorded in Official Records Book 11701, Page 1155, of the Public Records of Pinellas County, Florida, and pass Ordinance 9496-21 on first reading. 8.11 Approve the request from the owner of property addressed 1496 Rosetree Court, Clearwater to vacate the east 6 feet of a platted 10-foot Drainage and Utility Easement, located along the west 10 feet of lot 1, of Rosetree Court, according to the plat thereof as recorded in Plat Book 79, Page 20, of the Public Records of Pinellas County, Florida, and pass Ordinance 9506-21 on first reading. 9. City Manager Reports 9.1 Amend the City’s fiscal year 2020/2021 operating and capital improvement budgets at third quarter and pass Ordinances 9500-21 and 9501-21 on first reading. 9.2 Accept Ordinance 536, an Interlocal Agreement/Franchise with the Town of Belleair, in order for Clearwater Gas System to continue to provide natural gas service to the citizens of Belleair and adopt Resolution 21-33. 9.3 Approve Third Amendment to Lease Agreement between Clearwater Golf Associates, Inc. and City of Clearwater to provide assistance of $58,100.00 to partially offset the cost of installing reclaimed water at the Landings Golf Course and authorize the appropriate officials to execute same. Page 7 City of Clearwater Printed on 9/14/2021 September 16, 2021City Council Meeting Agenda 9.4 Award Invitation to Bid 46-21 to Covenant Property Investors, LLC, approve the Contract for Purchase of Real Property by the City of Clearwater, Florida (City) by and between the City and Covenant Property Investors, LLC (Covenant) for the City to sell to Covenant a Parking Condominium containing 450 public parking spaces, more particularly described as Condominium Unit Pub Of North Beach Plaza Condominium, a Condominium, according to the Declaration of Condominium thereof, recorded in Official Records Book 19444, Page 145, and any amendments thereto, and the plat thereof recorded in Condominium Plat Book 159, Page 91, of the Public Records of Pinellas County, Florida, together with its undivided share in the common elements appurtenant thereto (Parking Unit), located at 490 Poinsettia Street, Clearwater, and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. 9.5 Amend Clearwater Code of Ordinances Chapter 8, Animals, Section 8.04, Exceptions to Section 8.03, to add subsection 11 allowing for the keeping of chickens pursuant to Section 3-204.I of the Clearwater Community Development Code; amend Section 8.33 to include chickens in the list of animals owners are prohibited from allowing to roam at large; and pass Ordinance 9489-21 on first reading. 10. City Attorney Reports 11. Closing comments by Councilmembers (limited to 3 minutes) 12. Closing Comments by Mayor 13. Adjourn Page 8 City of Clearwater Printed on 9/14/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9619 Agenda Date: 9/16/2021 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: September Service Awards SUMMARY: 5 Years of Service Alexandria Wells Library Ucal Morrison Solid Waste 10 Years of Service Kyle Vaughan Engineering Priscilla Murphy Public Utilities Troy Tarver Solid Waste Michael Campagna Solid Waste Raymond Kader Utility Customer Service 15 Years of Service Andrew Biscardi Gas 20 Years of Service Carlton Greene Building & Maintenance Denis O’Connor Fire Wade Bishop Fire 25 Years of Service Von Watson Parks & Recreation Darrell Ford Engineering/Stormwater David Dalton Police Michael Duff General Services Page 1 City of Clearwater Printed on 9/14/2021 File Number: ID#21-9619 30 Years of Service William Taggart Police 35 Years of Service Lawrence Wynn Public Utilities Page 2 City of Clearwater Printed on 9/14/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9517 Agenda Date: 9/16/2021 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Parks & Recreation Volunteer of the Year Award - Samantha (Sam) Moullet, Recreation Specialist SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/14/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9699 Agenda Date: 9/16/2021 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Public Natural Gas Week Proclamation - Chuck Warrington, Clearwater Gas System SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/14/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9691 Agenda Date: 9/16/2021 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Library Board Annual Report - Donna Dennis, Library Board Chair SUMMARY: Page 1 City of Clearwater Printed on 9/14/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8639 Agenda Date: 9/16/2021 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the September 2, 2021 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/14/2021 City Council Meeting Minutes September 2, 2021 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, September 2, 2021 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes September 2, 2021 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Frank Hibbard, Vice Mayor Hoyt Hamilton, Councilmember David Allbritton, Councilmember Mark Bunker and Councilmember Kathleen Beckman Also Present: Micah Maxwell – Interim City Manager, Michael Delk – Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call – City Clerk, and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. UNAPPROVED 1. Call to Order – Mayor Hibbard The meeting was called to order at 6:00 p.m. 2. Invocation – Ms. Meredith Olson from Unitarian Universalist of Clearwater 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 Library Card Sign-Up Month Proclamation, September 2021 - Jennifer Obermaier, Library Director 5. Approval of Minutes 5.1 Approve the minutes of the August 19, 2021 City Council Meeting as submitted in written summation by the City Clerk. Vice Mayor Hamilton moved to approve the minutes of the August 19, 2021 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Lisa Lanza spoke in support of the Downtown Development Board's Draft City Council Meeting Minutes September 2, 2021 Page 3 City of Clearwater Downtown Coordination Committee and stated that she does her best to recruit people to visit Downtown. Doug Kelly submitted an email supporting Council's selection for a new city attorney and city manager that was read into the record by the City Clerk (see page 10). 7. Consent Agenda – approved as submitted. 7.1 Approve a professional services agreement and work order to InVision Advisors, LLC, of Tampa, FL, per Request for Qualifications (RFQ) 51-21 for Owner’s Representative Services during construction of Imagine Clearwater (17-0031-EN) in the not-to-exceed amount of $240,000 and authorize the appropriate officials to execute same. (consent) 7.2 Approve a Purchase Order to Arthur J. Gallagher Risk Management Services, Inc. of Orlando, Florida for builder’s risk insurance for Imagine Clearwater (17-0031-EN) in the amount of $276,182.00 pursuant to City Code of Ordinances Section 2.563(1)(i), Insurance, and authorize the appropriate officials to execute same. (consent). 7.3 Approve the Contract for Purchase by the City of Clearwater of certain real property located on the southwest corner of N. Martin Luther King Jr. Avenue and Engman Street with a purchase price of $35,000 and total expenditures not to exceed $37,000; authorize the appropriate officials to execute same, together with all other instruments required to affect closing; and approve the transfer of $37,000 from general fund reserves at third quarter to cover the cost of the purchase. (consent) 7.4 Approve the collective bargaining agreement as negotiated between the City of Clearwater and Fraternal Order of Police, Clearwater Officers Bargaining Unit Lodge 10 for Fiscal years 2021/2022, 2022/2023, 2023/2024 and authorize the appropriate officials to execute same. (consent) 7.5 Approve the collective bargaining agreement as negotiated between the City of Clearwater and Fraternal Order of Police, Clearwater Supervisors Bargaining Unit for Fiscal years 2021/2022, 2022/2023, 2023/2024 and authorize the appropriate officials to execute same. (consent) 7.6 Renew Grant and Financial Assistance Agreement between the Florida Department of Law Enforcement and the City of Clearwater, necessary to facilitate a current mutual aid agreement between the two entities, effective upon execution through June 30, 2022, and authorize the appropriate officials to execute same. (consent) 7.7 Authorize the trade-in to GT Distributors, Inc. of Austin, TX for twenty-one used Glock 42 pistols with 2 magazines, and TruGlo Sights, in the trade-in amount of $5,859.00, Draft City Council Meeting Minutes September 2, 2021 Page 4 City of Clearwater pursuant to City Code of Ordinances 2.623 (6) and (7)(e) Disposal and disposition of surplus tangible personal property, and authorize the appropriate officials to execute same. (consent) 7.8 Approve a contract with the Pinellas County Sheriff’s Office, Largo, Florida, in the amount not to exceed $599,530, which includes a contingency, for forensic crime scene processing, latent prints, property and evidence storage, and Pinellas Juvenile Assessment Center services, during the one-year contract period commencing on October 1, 2021 through September 30, 2022 and authorize the appropriate officials to execute same. (consent) 7.9 Approve a Purchase Order to CDW Government, LLC (CDW-G) of Vernon Hills, IL in the amount of $382,110.00 for the purchase of Fortinet hardware, software, and maintenance, pursuant to City Code of Ordinances Section 2.563(1)(c) - Piggyback, and authorize the appropriate officials to execute same. (consent) 7.10 Authorize a purchase order to the State of Florida Department of Management Services Contract DMS-08/09-071, for SUNCOM long distance service, State AIN Centranet lines, and toll-free lines, in an amount not to exceed $164,220 for the period October 1, 2021 through September 30, 2022, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Piggyback or Cooperative Purchasing; and authorize the appropriate officials to execute same. (consent) 7.11 Authorize a purchase order to Stolze Door Company d/b/a Overhead Door of Clearwater of Clearwater, Fl, for maintenance, repair, and replacement of overhead/security doors, in the not-to-exceed amount of $625,000 from May 23, 2021 through March 11, 2026, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Cooperative Contracts and authorize the appropriate officials to execute same. (consent) 7.12 Approve a purchase order to Pinellas County Solid Waste Management for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill for the term October 1, 2021 through September 30, 2022 in a not-to-exceed amount of $4,508,000.00, pursuant to Clearwater Code of Ordinance 2.563(1)(a) Single Source, and authorize the appropriate officials to execute same. (consent) 7.13 Authorize purchase orders to Angelo's Recycled Materials of St. Petersburg, FL and Consolidated Resource Recovery, Inc of Sarasota, FL for Yard Waste, Class III Waste, and Construction Demolition Debris Disposal in a not-to-exceed amount of $3,900,000.00 for the term October 1, 2021 through September 30, 2024, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Cooperative purchasing and authorize the appropriate officials to execute same. (consent) 7.14 Authorize a purchase order to Wastequip Manufacturing Company LLC of Charlotte, NC for the purchase of roll-off containers, compactors, and compactor parts in a Draft City Council Meeting Minutes September 2, 2021 Page 5 City of Clearwater not-to-exceed amount of $1,284,000.00 for term October 1, 2021 through June 2, 2025, pursuant to Clearwater Code of Ordinance Section 2.563 (1)(c) - piggyback contract; and authorize the appropriate officials to execute the same. (consent) 7.15 Approve the Restrictive Covenant required by the State of Florida for a Cultural Facilities Grant awarded to Ruth Eckerd Hall, Inc. and authorize the appropriate officials to execute same. (consent) 7.16 Reappoint Jeffery W. Smith to the Clearwater Housing Authority Board with a term to expire September 30, 2025. (consent) 7.17 Appoint one member to the Environmental Advisory Board with a term to expire September 30, 2025. 7.18 Reappoint Camille J. Hebting to the Neighborhood and Affordable Housing Advisory Board with a term to expire September 30, 2025. (consent) 7.19 Appoint David Margolis as City Attorney effective October 25, 2021 and approve an Employment Agreement with him. Councilmember Allbritton moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 9438-21 on second reading, amending Sections 2.226 through 2.229, Clearwater Code of Ordinances, to address statutorily mandated changes in Section 420.9076, Florida Statutes (2020), which sets for the requirements for establishing a local Affordable Housing Advisory Committee. Ordinance 9438-21 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9438-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.2 Adopt Ordinance 9478-21 on second reading, annexing certain real property whose post Draft City Council Meeting Minutes September 2, 2021 Page 6 City of Clearwater office address is 3036 Glen Oak Avenue N., Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9478-21 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9478-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.3 Adopt Ordinance 9479-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 3036 Glen Oak Avenue N., Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 9479-21 was presented and read by title only. Vice Mayor Hamilton moved to adopt Ordinance 9479-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.4 Adopt Ordinance 9480-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3036 Glen Oak Avenue N., Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9480-21 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9480-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.5 Adopt Ordinance 9502-21 on second reading, amending Clearwater Code of Ordinance Chapter 2, Article VI, Division 3, Purchasing, by adding Section 2.561(1)(k) and new Subdivision V, Public-Private Partnerships. Ordinance 9502-21 was presented and read by title only. Draft City Council Meeting Minutes September 2, 2021 Page 7 City of Clearwater Councilmember Beckman moved to adopt Ordinance 9502-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9. City Manager Reports 9.1 Appoint eleven members to the Affordable Housing Advisory Committee to include the appointment of a locally elected official and adopt Resolution 21-30. Florida Statute Section 420.9076 states that counties and cities receiving State Housing Initiatives Partnership (SHIP) program funds are required to establish annually an Affordable Housing Advisory Committee (AHAC) and prepare a Local Housing Incentive Strategy (LHIS). The statute further provides that the committee be made up of eleven members and that the City appoint the eleven members by resolution. The eleven members must represent a specific industry or a specific group. The required groups and recommended individuals are listed below: • Banking industry/mortgage: Linda Kemp • Area of labor engaged in home building: Maria (Gaby) Camacho • Advocate for low-income person: Peter Scalia • Not-for-profit provider of affordable housing: Kevin Chinault • Real estate professional engaged in affordable housing: Lindsay Dicus-Harrison • Representative of Employers: Camille Hebting • Clearwater resident: Carmen Santiago • Member of the local planning agency: Michael Boutzoukas • Essential Services representative: Jacqueline Rivera • Residential home building: Pierre Cournoyer • Locally elected official: TO BE DETERMINED BY CITY COUNCIL The duties of the Affordable Housing Advisory Committee shall include reviewing policies and procedures, ordinances, land development regulations and the City’s adopted comprehensive plan and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The LHIS must be submitted to City Council by December 31, 2021, and will encompass the definition, vision, strategic focus areas, and action plan (including potential amendments to procedures and existing regulations) in order to facilitate the development of affordable housing in the city. Vice Mayor Hamilton moved to appoint eleven members to the Draft City Council Meeting Minutes September 2, 2021 Page 8 City of Clearwater Affordable Housing Advisory Committee to include Councilmember Kathleen Beckman as the appointed locally elected official. The motion was duly seconded and carried unanimously. Resolution 21-30 was presented and read by title only. Councilmember Allbritton moved to adopt Resolution 21-30. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman CWA Negotiations Update Human Resources Director Jennifer Poirrier said the CWA informed her this afternoon that the minimum wage negotiations passed with an 80% approval rate. Staff will present an agenda item for council approval at the next meeting. Annual Philadelphia Trip The Mayor said Council's annual trip to meet with the Phillies management is scheduled for next week. He said it would be beneficial if the new city manager, Jon Jennings, joined Council in Philadelphia and meet with Phillies management as the City is in the midst of negotiations. Trip arrangements will be included in Mr. Jennings' contract, which the city attorney anticipates being signed by next week. There was council consensus for Mr. Jennings to attend the annual Philadelphia trip. 10. City Attorney Reports – None. 11. Other Council Action – none. 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Bunker said he was happy about the successful search for the new city manager and city attorney and looks forward to getting to work. Councilmember Beckman thanked all the candidates who applied for both positions. She said it was both bittersweet and exciting to have new management, opportunities, and perspective in our city. She said the department leaders are top notch and looking to find out how Clearwater becomes more of a leader as municipalities are faced with a multitude of Draft City Council Meeting Minutes September 2, 2021 Page 9 City of Clearwater new challenges. She said it is an exciting time for Clearwater and she encouraged all residents to be well informed and engaged. Councilmember Allbritton said it has been an exciting week and said Baker Tilly did an excellent job on both the city manager and city attorney candidates. He said they are both top of the line individuals and he is looking forward to working with them. Vice Mayor Hamilton said the meeting is bittersweet as the meeting was supposed to be much longer than it is as it was supposed to be Bill Horne’s last meeting before he retired. He said Bill is in a better place and that everyone would make sure to check in on Loretta. He complimented his fellow councilmembers for their work in selecting the new city manager and city attorney and said he hoped nobody on the dais tonight will have to go through that exercise again as quality people have been picked. 13. Closing Comments by Mayor Mayor Hibbard said this would have been William Horne’s last council meeting and tomorrow would have been his last day as city manager. He said he was proud of staff and how they maintained steadfast in their work during the last couple of weeks. He congratulated the Roundtree and Jackson families for their new Habitat homes. 14. Adjourn The meeting adjourned at 6:25 p.m. Mayor City of Clearwater Attest City Clerk Draft 1 Call, Rosemarie From:Doug Kelly <dougkelly777@gmail.com> Sent:Thursday, September 2, 2021 5:17 PM To:Call, Rosemarie Subject:Well done CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you recognize the sender and know the content is safe. Congratulations to the City Council and staff in selecting David Margolis as the city's attorney and Jon Jennings as the city manager. It's hoped they will serve the citizens and visitors of Clearwater as ably as Pam Akin and Bill Horne. Doug & Kelly Kelly 10 INDIVIDUAL SPEAKER Citizen Comment Card Name: Ro6 Dn.l¢V Address: I64O 6 edea Ck a City:W'Ir Zip: 5 2•156 Telephone Number: (.502) 8 (ol- 22,41I Email Address: dQJI% 44 a road rener, Speaking under citizens to be heard re items not on the agenda? lie Agenda item(s) to which you wish to speak 41041" ti What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: 1M- lit J- City: C,/ ear \Al 'err Zip: ;-;1 Telephone Number: 7 17- -(71-14, Email Address: 1061614\41P 1 iic OCU/Cr0 64 Speaking under citizens to be eard re er+ items not on the agenda? Agenda item(s) to which you wish to speak. What is your position on the item? For Against Name: LFLincxi Ll iV'Cc. Address: u'aP C&Aid CAM, 1404 City: Zip: Telephone Number: 1 \ - tong Email Address: lr1ae 1 tV1CtVt(C ' c 01,17-1 Speaking under citizens to be Lard re items not on the agenda? Agenda item(s) to which you wish to speak. C\ Iain L4 C1Qi r What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card INDIVIDUAL SPEAKER Citizen Comment Card Name: % C1L [ 1-)S-L,Ck Address:3231 MS\fS City:c W Zip:337b I Telephone Number: 11 c Email Address: '(.'12i a c c.1 J ' `51 C IY Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: 61r4 h.n‘"DDnldso Address v IonJe(s 61111D% City: OW) IA Zip:816If Telephone Number: off- c7h Email Address: 36 /'h dt; - Gan/l Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: g C{C411 —2NA t What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: V.s.,.':42-551 Address: G ( b CG( \ 14-vn W `yl City: C 2GS" \C Zip: 3'510'3 Telephone Number: (-1.6) cfl-CZ3Sc1 Email Address: Y`) "J•"cAKor32oo5n c r,t I Speaking under citizens to be heard re items not on the agenda? Agenda item s) to which you wish to speak. What is your position on the item? For 4 Against, INDIVIDUAL SPEAKER Citizen Comment Card Name: J afYl l E'_ Y\Qcity\aS Address: b I G (c lAQ, I c e S- City: l'eG;w cxt€er' (3 37 6 Sty: zip: Telephone Number: (As 2.7 0,4 2 cVry Li Q e1, Za.6 (lam fivu( S@JEmailAddress: Speaking under citizens to be heard re items not on the agenda? J qrmc<(.cc4vt Agenda item(s) to which you wish to speak. 1 What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: lt L, ry Le,v 29 Cis+ Uu fh Lvt City: C L aY w Zip: .3 3 _) Telephone Number: X27- Zo`I- 4632. Email Address: Gi L L L jcti(mii('— SpeakingSpeaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. 6• What is your position on the item? For Against GROUP SPEAKER Citizen Comment Card As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum often minutes." Please have each member of the group in attendance sign and print their name on the reverse ofthis card. Name: LeQ /has- Address: hay Address: 193x -c. vs 19 /1.1:, Slee '1a City: £7FavwSe r Zip: -3-3 76 L% Telephone Number: (.77./7) 5. - '/S1 Email Address: 1 Pe ph045 CC S I //c C a/kt Agenda item to which you wish to speak: 9-y What is your position on the item? For Against CLEARWATER BRIGHT AND BEAUTIFUL • BAYTO BEACH GROUPSPEAKERLIST ?=11in Wetheundersignedwaiveourrighttospeakanddesignate: asourspokespersononthesubjectagendaitem. PrintName Signature PrintName Signature PrintName Signature PrintName Signature PrintName Signature PrintName Signature PrintName Signature 11 -ivSTI6Av< G' -Ay &1bkW ( T--pkstiv) INDIVIDUAL SPEAKER Name: Citizen Comment Card ALRve) ) 5cT Address: G " ` 1fi-cet4 City: Telephone Number: Email Address: G Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. Yi What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: '' L / it-cl tY4 ifto City: CA a -r M-CY Zip: 33 9j Telephone Number: 171-7• 615 q • CP 711 Email Address: )<' Q • le @ Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. 9 j p Gvtin- e--vt- What is your position on the item? For Against Daley Express & Enterprises ( DEE) Topic: Clearwater Poor City Services Presenter Name: Rob Daley Vice President and Founder of DEE Presentation Date 9/ 16/ 2021 507.) BO- Wr dUIey' jroacjrunneri corn Greetings Good evening Mr. Mayor and City Council members. I will be very brief since I only have three minutes for this very sensitive subject. As you already know the city is responsible to provide basic services, and you all are responsible to ensure those services are consistently provided to the citizens of Clearwater. Background As you saw in my introduction, the word " you all" came out. It is because we the Daley' s just purchased 1668 Eden Court Clearwater FL 33756 ( ALL CASH) and are in the middle of the process of relocating from Kentucky to Clearwater. In my previous professional career, I was the quality manager of the largest Toyota plant in the world working for Toyota Motor Manufacturing KY ( TMMK) from their start up in Georgetown KY in 1988 to 2010. I was trained on process and broken processes by the best engineers in the world. My background is unchallenged in the quality field. Please confirm my credentials RobDaley@Linkedin. com if you would like to see my experiences with problem solving and process recovery. Dorothy brings a bachelors and two masters degrees to our business and has just retired after a distinguished career in the education field. She was a classroom teacher, interventionist, math coach, and an Assistant Principal. She brings a unique organizational skill set that keeps DEE running smoothly and all regulations met or exceeded. Clearwater New Start: DEE With the presentation of the introduction, and our background, it is very important to understand why we are in Clearwater. We moved to Clearwater to start Phase 2 of our life after retirement. With our combined talents / leadership and young family members, we decided to start " DEE" Daley Express & Enterprises, LLC. This is a service company that has a registered EIN number, and is in- line with the city of Clearwater to obtain our business license waiting on the city). That is what is so freaking funny about this whole thing. The " mafia trash department" of Clearwater, on multiple occasions, has accused me of hiring a contractor to do work that I performed with our family. I am the contractor people hire. This is another problem for another day, but when a company wants a license and is hiring people in the city and the city makes the company wait, it' s another red flag for the city leaders to consider, but that is not for me to fix for you today. What is Clearwater' s documented standard for residential trash pick- up? YARD WASTE & BULK ITEMS The city of Clearwater provides for yard waste and bulk item collections on your regular collection day. Yard waste includes the collection of tree branches, leaves, brush, and other types of natural waste. Bulk collection includes large household items, such as washers, dryers, sofas, furniture, and other large, bulky items. The city will pick up materials cut and gathered by the property owner only. Any debris collected from tree trimming companies or landscapers must be removed from the property by that company/ person, as per city ordinance, How did DEE / The Daley' s confirm trash pick- up availability/ accessibility? Prior to moving from Kentucky to Clearwater, we did the following steps to confirm trash rules and regulations in August, 2021. 1) Read all material available on line, as related to rules and standards- we are intelligent people folks- If we are struggling you have a major system problem with " Mafia Clearwater trash department" or ( MCTD) 2) Called Clearwater Public Works ( Sanitation) department and was told to set it out on the curb. We understand when you move you will have much overflow. This is same condition as my previous city in Georgetown KY. 3) Confirmed with neighbors during our early arrival to prepare the yard and house for family move in. Neighbors told us what you put out beside the cans will be picked up. They explained they have remodeled kitchens, did home additions, etc., with no problems. I witnessed on 9/ 10/ 2021, the MCTD refused to pick- up my trash stating a contractor did the work; yet they picked up 11 extra bags and 10 piles of sheet rock, dry wall, and other scrap materials not even bagged up from our neighbor. This is a very inconsistent application of the policy. Who decides on the truck to follow policy or not? Is that allowable at the truck level? How did we get here? Timeline 8/ 5/ 2021- Daley' s closed on 1668 Eden Court Clearwater FL- we thought our dream had come true. 8/ 9- 8/ 13/ 2021- Rob Daley came down with two family members, who are handy men from KY, to install new flooring, start painting the house, and work on many repairs that were on the inspection report to get our house ready to move in. That Friday, the 13th, all of our trash was picked up - no problem from ( MTDC). Why was my 50 extra bags ok then? 8/ 18- 8/ 22/ 2021- Rob Daley came back down with two different family members, and brought a 22" moving truck full of stuff. We completed many small items and finished over 1800 sq. ft. of Luxury Vinyl flooring we installed at our house that we will use as an example of our quality of work. However during this week of work, the following event happened on 8/ 20/ 2021: What Happened on 8/ 20/ 2021 at 1668 Eden Ct. Clearwater, Florida? I was approached in my yard while painting my house by a leader of the MCTD. He asked if I was the homeowner, and I confirmed I was. I had already cut up some shrubs, and he saw my cousin, Shawn, pulling those shrubs to the curb. He said he ( Shawn) is clearly a contractor and we aren' t picking up your trash. There were only two Kentucky vehicles in my driveway, so this was clearly a racial issue. I have many members of color in my family, and Shawn happens to be African American. How can anybody from the city have the ability to walk on to my property and call me a liar after I told him he was family. Is he allowed to do this by MCTD policy? Now long story short, I called the supervisor and the Mayor' s office to register my concern of this behavior. Who is this man to walk on my property, pass judgment, and decide things of this nature based on his perception with and with a racial overtone? My cousin has had a tough life, so I will not embarrass him further by putting a photo of him in this presentation, but it really effected his morale and manhood over the next few days after this issue. Within an hour, the supervisor sent out the " gripper" truck and cleaned up the trash on the same day that trash was supposed to be picked up. On Monday 8/ 23/ 2021, a male from Mayor' s office called me very apologetic and explained this was normally the city manager' s function, but he passed away unexpectedly. He said the issue would be addressed and no future issues would happen.. I thanked him and thought it was resolved. Move In- Day 9/ 5/ 2021 Brought a 2nd moving truck as we have 5 people living here. Many boxes and several things got broken in the move. Some landscaping had grown back in the 3 weeks since I was last here. So we did have a lot of trash overflow again with the move of two families and the supplies we are buying for the new business. We just have more trash than normal system can handle. However on 9/ 10/ 2021- I was outside when driver pulled up, and I offered to help load bags on truck. The MCTD driver said, " We ain' t picking up shit from you. This is contractor work." Really??? I just got here as time line shows. This is clearly retaliation for calling the Mayor' s office for the concern from mid- August about the racial mistake the MCTD made. Today is 9/ 16/ 2021, and the trash is piled up in front of my house. It appears to no longer be our trash, but the Clearwater City Dump II. I have pictures of items that were dumped over night from others ( doors/ concrete/ etc.), and the rat condition is worsening by the day. Next comes disease if you know history, but that is why city services were developed for the people not the MCTD to run over the people. 9/ 10/ 2021 Continued I called since no one would take our trash. I was told a supervisor would be calling me back and that someone would be coming to our house. No one called or came by. This is clearly retaliation for calling the Mayor' s office for the concern from mid August about the racial mistake the MCTD made. Today is 9/ 16/ 2021, and the trash is still piled up in front of my house. It appears to no longer be our trash, but the Clearwater City Dump II. I have pictures of items that we dumped over night ( doors/ concrete) and the rat condition is worsening by the day. Next comes disease, if you know history; however, that is why city services were developed. They were developed for the people, not for the MCTD to run over the people. Results of MCTD Actions: As a contractor who uses his personal home as an example of his quality of workmanship- MCTD is killing the beauty of my home. Lack of consistency of policy discipline has gotten us to this situation and possible lawsuit. DEE is considering relocating to Tampa instead of Clearwater due to poor performance of City Services. Questions to Leadership Of Clearwater? Why is my trash not picked up? Why do you allow MCTD employees to walk up into homeowner yards very confrontational and judgmental like they are " trash gods" or something? Their job is to pick up the trash- pick up the trash- its simple. Who is authorized to not follow written policy? Because all of MCTD membership does. What is MCTD leadership doing about this, and why did I have to come down here when I' m trying to grow my business? Is government this broken? WHY/ WHY/ WHY keep asking until the issue is resolved- start with why isn' t Mr. Daley' s trash picked up? Who can answer that today? Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9690 Agenda Date: 9/16/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve a local government contribution of $75,000 in General Fund Reserves to be set aside as a commitment for the Minimum Local Government Contribution that is required for Archway Partners, LLC (Archway) to receive a basis boost in the State of Florida’s Low Income Housing Tax Credit Program (LIHTC) for an 80-unit affordable housing development project at 1250 Cleveland Street; approve Section 15.18 and 15.21 of the Development Agreement between the Community Redevelopment Agency of the City of Clearwater and Archway and authorize the appropriate officials to execute same. (consent) SUMMARY: On May 26, 2021, the City’s Procurement Division released Request for Proposals and Qualifications (RFPQ) 43-21 for the development of 1250 Cleveland Street, a 2.35-acre site owned by the Community Redevelopment Agency (CRA). This solicitation closed on June 25, 2021 and five responses were received. A team of City staff representing the CRA, Economic Development and Housing, Legal and Planning and Development departments carefully reviewed each response and shortlisted three firms. Presentations were conducted with the shortlisted firms and Archway was the selected firm. Once Archway gains site control of the property, they will apply to the Florida Housing Finance Corporation (FHFC) under Request for Application (RFA) 2021-205, one of several RFAs FHFC issues throughout the year. The local government contribution of $75,000 is necessary for Archway to attain maximum scoring criteria among applicants. Applications for RFA 2021-205 are due on October 19 and FHFC’s selection is expected by December 31. Approval of Sections 15.18 and 15.21 of the Development Agreement between the CRA and Archway commits the City to the contribution of $75,000 noted above. As background, the Low-Income Housing Tax Credit Program is governed by the U.S. Department of Treasury under Section 252 of the Tax Reform Act of 1986 and Section 42 of the Internal Revenue Code, as amended. The program was established to provide for -profit and non-profit organizations with a dollar-for-dollar reduction in federal tax liability in exchange for the acquisition and substantial rehabilitation or new construction of low- and very low-income rental housing units. The $75,000 contribution from the City will be in the form of an interest-free loan. While staff is recommending setting aside General fund reserves for this purpose, the loan will be funded with State Housing Initiatives Partnership Program funds from the FHFC. Additional funding will be provided by the CRA. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 9/14/2021 File Number: ID#21-9690 USE OF RESERVE FUNDS: Funding for this contract will be provided by a commitment of General Fund reserves in the amount of $75,000. Inclusive of this item if approved, a net total of $2,338,540 of General Fund reserves has been appropriated by Council to fund expenditures during fiscal year 2021/2022. The remaining unappropriated balance of General Fund reserves, after the 8.5% reserve, is approximately $33.7 million, or 22.1% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 9/14/2021 4831-0614-7495v.1 147454/00112 MIADOCS 22673161 45 AGREEMENT FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTY BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA AND ARCHWAY PARTNERS, LLC A FLORIDA LIMITED LIABILITY COMPANY TABLE OF CONTENTS ARTICLE 1. DEFINITIONS…………………………………………….………………….…….…. Section 1.01 Definitions…………………………………………………….……. Section 1.02 Use of Words and Phrases………………………………………. Section 1.03 Florida Statutes……………………………………………………. ARTICLE 2. PURPOSE; PROPOSAL………………………………….……………………….… Section 2.01 Intent; Purpose of Agreement……………………………………. Section 2.02 Developer's Proposal……..………………………………………. Section 2.03 Cooperation of the Parties.………………………………………. Section 2.04 Authorized Representative.………………………………………. ARTICLE 3. LAND USE REGULATION AND RESTRICTIONS ON USE………… ………… Section 3.01 Zoning……………………………………………………………… Section 3.02 Redevelopment Plan.……..……………………………………… Section 3.03 Permits…………………...………………………………………… Section 3.05 Concurrency…………...……………………………………..……. Section 3.06 Not a Development Order or Permit…………………………….. Section 3.07 Perpetual Easement to the City over the Community Gardens … ARTICLE 4. PROJECT PLANS AND SPECIFICATIONS…...……………………..…………… Section 4.01 Site Plan….………………………………………………………… Section 4.02 Preparation of Project Plans and Specifications………..……… Section 4.03 Coordination with City Review….………..……….……………… Section 4.04 Agency Review of Plans and Specifications….………………... Section 4.05 Project Schedule……...……………………………………..……. ARTICLE 5. PROJECT FINANCING..………………………………….…………….…………… Section 5.01 Construction Financing…………………………………………… Section 5.02 Notice of Developer's Default……………………………………. Section 5.03 Cure of Developer's Default by Lender..……….……………..… Section 5.04 Construction Lender Not Obligated to Construct…………….… Section 5.05 Agency Cures Developer's Default………………………..…..… ARTICLE 6. PROJECT SITE CONVEYANCE……………………….….………………….…… Section 6.01 Findings; Representations…………………..…………………… Section 6.02 Agreement to Sell and Purchase..……….……………………… Section 6.03 Purchase Price………..…………………..……….……………… Section 6.04 Site Evaluation………...…………………………………………... Section 6.05 Title………..…………...……………………………………..……. Section 6.06 Survey……….………...…………………………………………… Section 6.07 Rights and Duties of Agency….……………………………….… Section 6.08 Rights and Duties of Developer…………………………..……… Section 6.09 Conditions to Closing...………………………………………..… Section 6.10 Closing……………………..….………………………………..… Section 6.11 Closing Procedure……………..………………………………… Section 6.12 Possession…………...…………………………………………… Section 6.13 Condition of Title…………..….………………………………..… Section 6.14 Taxes and Assessments………..…………………………..…… Section 6.15 Covenants, Warranties and Representations………………..… Section 6.16 Condemnation……………..….………………………………...… Section 6.17 Real Estate Commission………..…………………………..…… Section 6.18 Maintenance of Project Site………………………………..……. Section 6.19 Radon Gas Notice…………..….………………………………… ARTICLE 7. CONSTRUCTION OF THE PROJECT……………….………………………… Section 7.01 Site Clearance ……………………….………………………...… Section 7.02 Construction of the Project……..…………………………..….… Section 7.03 Maintenance and Repairs……………………………………..…. Section 7.04 Project Alterations or Improvements……………………………. Section 7.05 Completion Certificate…………..…………………………..….… Section 7.06 Agency Not in Privity with Contractors………………………..… Section 7.07 Repurchase of the Project Site ………………………………… ARTICLE 8. INSURANCE……………………………….…………….……………………..… Section 8.01 Insurance Requirements Generally…………………………..… Section 8.02 No Waiver of Sovereign Immunity…..………………………...… ARTICLE 9. INDEMNIFICATION……………………….…………….…………………….… ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE DEVELOPER Section 10.01 Representations and Warranties………………...……………………… Section 10.02 Covenants………….……..………………………………..…… Section 10.03 Covenant: Nondiscrimination………………………………..… Section 10.04 Survival………………………..………………………………… ARTICLE 11. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE AGENCY Section 11.01 Representations and Warranties…………………………...… Section 11.02 Covenants………….……..…………………………….....…… Section 11.03 Survival………………………..………………………..…….… ARTICLE 12. DEFAULT; TERMINATION…………….……………….……………………..… Section 12.01 Default by Developer.….…………………………….…..…… Section 12.02 Default by the Agency..……………………………….....….… Section 12.03 Obligations, Rights and Remedies Cumulative…..………… Section 12.04 Non-Action on Failure to Observe Provisions of this Agreement Section 12.05 Termination……..………..……………………………….…… Section 12.06 Termination Certificate……….…………………………....… Section 12.07 Remedies………………….………………………………..… ARTICLE 13. UNAVOIDABLE DELAY………………………………….…………………….… Section 13.01 Unavoidable Delay…..….………………………………….… . ARTICLE 14 FIRE OR OTHER CASUALTY; CONDEMNATION…..…………………….… Section 14.01 Loss or Damage to Project……………………………….…. Section 14.02 Partial Loss or Damage to Project……..…………..……..… Section 14.03 Notice of Loss or Damage to Project……………….........… Section 14.04 Subject to Financing………………………………………..… ARTICLE 15. MISCELLANEOUS……………………….……………….……………………… Section 15.01 Assignments….……..….………………………………… Section 15.02 Successors and Assigns..…………………………..…… Section 15.03 Notices…………………………………………………..… Section 15.04 Severability………………………………………………… Section 15.05 Applicable Law and Construction…………………..…… Section 15.06 Venue; Submission to Jurisdiction….………………...… Section 15.07 Agreement Not a Chapter 86-191, Laws of Florida, Development Agreement Section 15.08 Estoppel Certificates..….………………………………… Section 15.09 Complete Agreement; Amendments..……………..…… Section 15.10 Captions………………………………………………....… Section 15.11 Holidays……………………………………………….…… Section 15.12 Exhibits…..….……..….…………………………………… Section 15.13 No Brokers……………….…………………………...…… Section 15.14 Not an Agent…………………………………………....… Section 15.15 Memorandum of Development Agreement……….…… Section 15.16 Public Purpose.……..….………………………………… Section 15.17 No General Obligation…..…………………………..…… Section 15.18 Local Government Support……………………………..… Section 15.19 Term; Expiration; Certificate…………………………… Section 15.20 Effective Date…………………………………………….. Section 15.21 Cooperation of City…………………………………………….. EXHIBIT LIST Exhibit "A" Project Site Description and Map Exhibit "B" Proposed Site Plan Exhibit "C" Special Warranty Deed Exhibit "D" Memorandum of Agreement for Development and Purchase and Sale of Property Exhibit "E" Agreement Expiration Certificate Exhibit "F" Survey Requirements and Certification Exhibit “G” Form of Completion Certificate Exhibit “H” Developer’s Proposal 4831-0614-7495v.1 147454/00112 MIADOCS 22673161 45 AGREEMENT FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTY This Agreement for Development and Purchase and Sale of Property located at 1250 Cleveland Street, Clearwater, FL 33755 ("Agreement") is made as of this August _____, 2021, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida created pursuant to Part III, Chapter 163, Florida Statutes ("Agency"), and ARCHWAY PARTNERS, LLC, a Florida limited liability company ("Developer"). W I T N E S S E T H: WHEREAS, the Agency was created to implement the community redevelopment activities outlined under the Florida Community Redevelopment Act of 1969 codified as Chapter 163, Part III, Florida Statutes; and WHEREAS, § 163.380(1), Florida Statutes provides that a community redevelopment agency may sell, lease, dispose of, or otherwise transfer real property or any interest acquired in the real property for community development in a community redevelopment area to any private person; and WHEREAS, § 163.380(2), Florida Statutes provides that such real property shall be sold, leased, or otherwise transferred at a value determined to be in the public interest and that if the value of such real property is disposed for less than fair value, such disposition shall require the approval of the governing body at a duly noticed public hearing; and WHEREAS, § 163.380(3)(a), Florida Statutes provides that prior to disposition of such real property the community redevelopment agency must give notice of disposition by publication in a newspaper having a general circulation in the community and invite proposals from private redevelopers or any persons interested in undertaking to redevelop or rehabilitate a community redevelopment area or any part thereof; and WHEREAS, on May 26, 2021, the Agency released Request for Proposals and Qualifications (“RFP/Q”) #43-21 by publication in a newspaper having a general circulation in Clearwater, Florida requesting proposals to redevelop the real property commonly referred to as 1250 Cleveland Street, Clearwater, FL 33755 as an apartment or mixed-use urban infill development with a predominant residential component for the Project Site (as hereinafter defined) that retains or expands the existing community garden; and WHEREAS, the Developer submitted a proposal for redevelopment of the real property as an affordable housing project that maintains the existing community garden on June 25, 2021; and WHEREAS, representatives of the Agency and the City of Clearwater met July 2, 2021 and July 20, 2021 to evaluate said proposal and to make a recommendation to the Agency of whether to accept or reject the proposal; and WHEREAS, representatives of the Agency and the City of Clearwater recommended approval of the Developer’s proposal; and WHEREAS, the Agency and Developer negotiated a definitive Development and Purchase and Sale Agreement setting forth the respective duties and responsibilities of the parties pertaining to the conveyance of the Project Site, and the design, development, construction, completion, operation and maintenance of the Project; and WHEREAS, at a duly called public meeting on August 16, 2021, the Agency approved this Agreement and authorized and directed its execution by the appropriate officials of the Agency; and WHEREAS, the Developer is a limited liability company organized under the laws of the State of Florida and the members (as that term is defined in the operating agreement of the Developer) of Developer have approved this Agreement and have authorized and directed certain individuals to execute this Agreement on behalf of Developer; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: ARTICLE 1. DEFINITIONS. 1.01. Definitions. The terms defined in this Article I shall have the following meanings, except as herein otherwise expressly provided: (1) "Act" means the Constitution of the State of Florida; Section 163.01, Florida Statutes, Part III, Chapter 163, Florida Statutes; Chapter 166, Florida Statutes, other applicable provisions of law, and ordinances and resolutions of the City and the Agency implementing them. (2) "Agency" means the Community Redevelopment Agency of the City, as created by Resolution No. 81-68 of the City, adopted by the City Council on August 6, 1981, including any amendments thereto, and any successors or assigns thereto. (3) "Agreement" means this Agreement for Development and Purchase and Sale of Property, including all exhibits and amendments hereto. (4) "Agreement Expiration Certificate" means the instrument to be executed by the parties hereto as provided in Section 15.19 certifying that all obligations of the parties hereto have been satisfied and this Agreement has expired in accordance with its terms, the form of which is attached hereto as Exhibit "E." (5) "Agreement Termination Certificate" means the instrument executed by the parties hereto as provided in Section 12.06 stating that this Agreement has been terminated prior to its Expiration Date as provided in Section 12.05. (6) "Area" means the area located within the corporate limits of the City having conditions of slum and blight (as those conditions are defined in the Act) as found by the City Council in Resolution No. 81-67, adopted by the City Council on August 6, 1981 and as amended by Resolution No. 03-22, adopted by the City Council on May 1, 2003 and as subsequently amended thereafter. (7) "Authorized Representative" means the person or persons designated and appointed from time to time as such by the Developer or the Agency, respectively, pursuant to Section 2.04. (8) "Building Permit" or "Building Permits" shall mean, for all or any part of the Project to be constructed on the Project Site, any one or more permits issued by the City authorizing, allowing and permitting the commencement, prosecution and completion of construction to the extent provided in said permit(s). (9) "City" means the City of Clearwater, Florida, a Florida municipal corporation, and any successors or assigns thereto. (10) "City Council" means the governing body of the City, by whatever name known or however constituted from time to time. (11) "Closing Date" means the date on which title to the Project Site is conveyed by the Agency to the Developer in accordance with and as contemplated by the provisions of Article 6 hereof. (12) "Commencement Date" means the date of Commencement of Construction. (13) “Commencement of Construction” or “Commence Construction” means the commencement of site work, utility relocation, above grade beams, floor slabs or other foundation component on the Project pursuant to a properly issued foundation permit. (14) "Completion Certificate" means the certificate, in a form as set forth in Exhibit "G", to be executed by Agency and Developer stating that construction of the Project has been substantially completed. (15) "Completion Date" means the date on which construction of the Project is substantially complete as evidenced by a Completion Certificate. (16) "Contractor" means one or more individuals or firms constituting a general contractor or other type of construction contractor properly licensed by the State of Florida or other appropriate jurisdiction to the extent required by applicable law, authorized to perform construction contractor services in the State of Florida bonded and insured to the extent required by applicable law and this Agreement, including the Developer or any affiliates of the Developer. (17) "Construction Financing" means the loan funds provided by the Construction Lender to the Developer during the term of this Agreement to pay the cost of developing and constructing the Project, or any portion thereof, on the Project Site, including, but not limited to, acquisition of the Project Site, financing costs, "soft costs," overhead, and the design, construction and equipping of the Project. (18) "Construction Lender" means any person or persons providing the Construction Financing or any portion thereof. (19) "Developer" means Archway Partners, LLC, a Florida limited liability company, and any successors and assigns thereof. (20) "Effective Date" means the date determined in accordance with Section 15.20 when this Agreement becomes effective. (21) "Exhibits" means those agreements, diagrams, drawings, specifications, instruments, forms of instruments, and other documents attached hereto and designated as exhibits to, and incorporated in and made a part of, this Agreement. (22) "Expiration Date" means the date on which this Agreement expires, as evidenced by the Agreement Expiration Certificate being recorded in the public records of Pinellas County, Florida, as provided in Section 15.19 hereof. (23) "Impact Fees" means those fees and charges levied and imposed by the City, Pinellas County and any other governmental entity on projects located on the Project Site for certain services impacted by development such as the Project. (24) “Investor” means the tax credit investor selected by Developer in its sole discretion and admitted to Developer or Developer’s assignee pursuant to such entity’s operating agreement or partnership agreement, and its successors and/or assigns. (25) “Lender” means any Construction Lender or Permanent Lender. (26) “Permanent Lender” means any lender which has made a loan or loans to Developer having a maturity date that is not less than five (5) years following the Completion Date, which may include any lender refinancing the Construction Financing. (27) "Permits" means all zoning, variances, approvals and consents required to be granted, awarded, issued, or given by any governmental authority in order for construction of the Project, or any part thereof, to commence, continue, be completed or allow occupancy and use, but does not include the Building Permit(s). (28) "Plan" means the community redevelopment plan for the Area, including the Project Site, as adopted by the City Council on September 18, 2003, by enactment of its Ordinance No. 7153-03, and including any amendments to the Plan. (29) "Project" means the no fewer than 80 residential, affordable dwelling units with a rooftop community gardens that maintains the existing community gardens at the Project Site as contemplated by Section 4 of the Proposal and this Agreement and constructed substantially in accordance with the Project Plans and Specifications. (30) “Project Financing” means debt and equity financing obtained by Developer for the acquisition, construction, maintenance and operation of the Project, which shall include the Construction Financing. (31) "Project Plans and Specifications" means the plans and specifications pertaining to the construction, installation and equipping of the Project, including the schedule for completing the Project. (32) "Project Professionals" means any architects, attorneys, brokers, engineers, consultants, planners, construction managers or any other persons, or combination thereof, retained or employed by the Developer in connection with the planning, design, construction, permit applications, completion and opening of the Project, but does not include the Developer. (33) "Project Site" means the tract of land located in the Area which is to be conveyed to the Developer by the Agency on which the Project will be located, as more particularly described and depicted on Exhibit "A." (34) "Proposal" means the proposal for redevelopment of the Project Site, dated June 25, 2021, submitted by the Developer to the Agency in response to the RFP, a copy of which is attached to this Agreement as Exhibit “H”. (35) "RFP" means the Request for Proposals and Qualifications #43-21 initially published by the Agency on May 26, 2021 soliciting proposals from persons interested in redeveloping the Project Site in accordance with the Act and the Plan. (36) "Site Plan" means the depiction and description of the Project on the Project Site, the initial version of which is attached hereto as Exhibit "B." (37) "Termination Date" means the date on which this Agreement is terminated by any party hereto as provided in Section 12.05, and as evidenced by the Agreement Termination Certificate. (38) "Unavoidable Delay" means those events constituting excuse from timely performance by a party hereto from any of its obligations hereunder, as such events are defined in and subject to the conditions described in Article 13 hereof. (39) “Vertical Construction” means commencement of work on the Project pursuant to a properly issued Building Permit. (40) "Vertical Construction Date" means the date upon which a permit for construction of a building on the Project Site has been issued. 1.02. Use of Words and Phrases. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall include the plural as well as the singular number, and the word "person" shall include corporations and associations, including public bodies, as well as natural persons. "Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words refer to this Agreement and not solely to the particular portion thereof in which any such word is used. 1.03. Florida Statutes. All references herein to Florida Statutes are to Florida Statutes as amended from time to time. ARTICLE 2. PURPOSE; PROPOSAL. 2.01. Intent; Purpose of Agreement. (a) The purpose of this Agreement is to further the implementation of the Plan by providing for the sale and conveyance of the Project Site to the Developer and the development, construction and operation of the Project thereon in accordance with the Project Plans and Specifications, all to enhance the quality of life, add new residents to the Downtown Core District, and improve the aesthetic and useful enjoyment of the Area through the eradication of conditions of blight, all in accordance with and in furtherance of the Plan and as authorized by and in accordance with the Act. (b) As provided in this Agreement, the Agency shall undertake certain public actions pursuant to the Act and in connection with the implementation of the Plan, including making the Project Site available for redevelopment and assistance in obtaining such approvals by governmental authorities as are necessary for development of the Project. (c) As provided in this Agreement, the Developer shall carry out the redevelopment of the Project Site by obtaining approvals by governmental authorities necessary for development of the Project as more particularly described in Section 3.04 hereof, obtaining the Project Financing, purchasing the Project Site from the Agency, constructing various private improvements on the Project Site, and causing the Project to be developed as described herein. 2.02. Developer's Proposal. (a) The Proposal for the redevelopment of the Project Site, specifically including the acquisition of the Project Site by the Developer from the Agency and the design, construction, equipping, completion and use of the Project, and each component thereof, is hereby found by the Agency and acknowledged by the Developer: (1) to be consistent with and in furtherance of the objectives of the Plan, (2) to conform to the provisions of the Act, (3) to be responsive to the RFP, (4) to be in the best interests of the citizens of the City, (5) to further the purposes and objectives of the Agency, and (6) to further the public purpose of eradicating conditions of blight in the Area. The parties recognize and agree that during the process of review and approval provided for in the Agreement the design of the Project may be subject to change and modification as may be either agreed to by the parties or required as provided herein or by the appropriate regulatory authority, and should any changes be necessary or desirable the parties agree that they will act expeditiously and reasonably in reviewing and approving or disapproving any changes or modifications to the Project. (b) Based upon and as a result of the findings set forth in subsection (a) above, the Proposal, including such changes and revisions as are provided by this Agreement, is hereby affirmed by the Developer and approved and accepted by the Agency. (c) The parties hereto find that the terms and conditions set forth in this Agreement do not, individually or collectively, constitute a substantial deviation from the RFP or the Proposal. 2.03. Cooperation of the Parties. The parties hereto recognize that the successful development of the Project and each component thereof is dependent upon continued cooperation of the parties hereto, and each agrees that it shall act in a reasonable manner hereunder, provide the other party with complete and updated information from time to time with respect to the conditions such party is responsible for satisfying hereunder and make its good faith reasonable effort to ensure that such cooperation is continuous, the purposes of this Agreement are carried out to the full extent contemplated hereby and the Project is designed, constructed, equipped, completed and operated as provided herein. 2.04. Authorized Representative. (a) Each party shall designate an Authorized Representative to act on its behalf to the extent of the grant of any authority to such representative. Written notice of the designation of such a representative (and any subsequent change in the Authorized Representative) shall be given by the designating party to the other party in writing in accordance with the procedure set forth in Section 15.03 hereof. (b) Except as otherwise expressly provided in this Agreement, whenever approval or action by the Developer or the Agency is required by this Agreement, such action or approval may, in the discretion of the party considering such approval or action, be taken or given by the Authorized Representative thereof. A party to this Agreement may rely upon the representation of the other party's Authorized Representative that such person has the requisite authority to give the approval or take the action being done by that Authorized Representative. A party may not later deny that its Authorized Representative had the authority represented to and relied upon by the other party or revoke or deny any action taken by such Authorized Representative which was relied upon by the other party. (c) The Developer does hereby notify the Agency that its initial Authorized Representative for the Project is Brett Green, its President. (d) The Agency does hereby notify the Developer that its initial Authorized Representative is Amanda Thompson, Executive Director. ARTICLE 3. LAND USE REGULATION AND RESTRICTIONS ON USE. 3.01. Zoning. On the Effective Date, the zoning classification for the Project Site is Downtown, abbreviated as “D.” 3.02. Redevelopment Plan. The Agency represents to the Developer and the Developer acknowledges that as of the date of the RFP and the Proposal the provisions of the Plan pertaining to the Project Site are consistent with the Project as contemplated by the Proposal. 3.03. Permits. (a) The Developer shall prepare and submit to the Executive Director of the Agency by no later than February 1, 2022, floor plans, site plans, and building façade plans for the Project for preliminary approval by the Agency. (b) The Developer shall prepare and submit to the appropriate governmental authorities, including the City’s Planning and Development Department (“Planning Department”), by no later than three (3) months following delivery to the Agency Executive Director as described in 3.03(a), a complete and sufficient application for Level I or Level II Flexible Standard Development Application, as the case may be, to allow development of the Project in accordance with the Project Plans and Specifications ("Application"), and shall bear all costs of preparing such applications, applying for and obtaining the Building Permits and Permits including applicable application, inspection, regulatory and Impact Fees or charges pertaining to the Project, including, but not limited to, any Building Permits or Permits, review, application, inspection, regulatory or impact fees. (c) The Agency, as the property owner, shall cooperate with the Developer in making the Application, and the Agency shall cooperate with the Developer in obtaining all necessary Permits and the Building Permits required for the construction and completion of the Project. (d) The Agency's duties, obligations, or responsibilities under any section of this Agreement, specifically including but not limited to this Section 3.04, do not affect the Agency's or the City's right, duty, obligation, authority and power to act in its governmental or regulatory capacity in accordance with applicable laws, ordinances, codes or other building or project regulation. The parties acknowledge that the Planning Department is an independent entity which is not a party to this Agreement and will render its independent decision concerning the Application and that therefore the Executive Director’s preliminary approval given pursuant to Section 3.03(a) is not binding on the Planning Department. (e) Notwithstanding any other provisions of this Agreement, any required permitting, licensing or other regulatory approvals by the Agency or the City shall be subject to the established procedures and requirements of the Agency or the City with respect to review and permitting of a project of a similar or comparable nature, size and scope. In no event shall the Agency or the City, due to any provision of this Agreement, be obligated to take any action concerning regulatory approvals except through its established processes and in accordance with applicable provisions of law. 3.04. Concurrency. (a) The parties hereto recognize and acknowledge that Florida law (specifically, Part II, Chapter 163, Florida Statutes) imposes restrictions on development if adequate public improvements are not available concurrently with that development to absorb and handle the demand on public services caused by that development. The City has created and implemented a system for monitoring the effects of development on public services within the City. The Developer recognizes and acknowledges it must satisfy the concurrency requirements of Florida law as applied to the Project. Specifically, the Developer covenants and agrees to comply with the City's land development code, including providing to the City any and all data and analysis that shows the Project will be consistent with the goals, objectives and policies of the comprehensive plan for the City, adopted by the City and in effect on the Effective Date, and the Developer further covenants and agrees to comply with concurrency certification provisions of the City's land development code. (b) The Agency represents and warrants and the Developer acknowledges that as of the Effective Date the Project as contemplated by this Agreement does not require any reservation of capacity or to seek any approvals as a result of the concurrency requirements described in subsection (a). If legally obligated in the future to comply with such requirements, the Developer agrees to seek issuance of a concurrency compliance certificate or other similar document by whatever name known and a reservation of services capacity under the City's concurrency management system, and does further agree to maintain such certificate and reservation. The Developer covenants and agrees with the Agency to not undertake any action or fail to take any action, which would cause the City to revoke or invalidate the concurrency compliance certificate or the reservation of services capacity. 3.05. Not a Development Order or Permit. The parties do hereby acknowledge, agree and represent that this Agreement is not intended to be and should not be construed or deemed to be a "development order" or "development permit" within the meaning of those terms in Section 163.3164, Florida Statutes. 3.06. Permitted Uses. (a) The Project shall consist of no fewer than 80 residential affordable dwelling units with a rooftop garden and that maintains the existing community gardens at the Project Site. The Project shall be constructed in substantial conformity with Section 4 of the Proposal. (b) The following uses are prohibited: (1) Any use that interferes with the public’s use of the existing community gardens on the Project Site. Construction of the Project may temporarily impact the public’s use of the existing community garden; however, once construction is complete, no use shall interfere with the public’s use of the existing community garden; provided, however, the community garden may be fenced-off from the remainder of the Project. (2) Any other use that is not in substantial conformity with Section 4 of the Proposal. (c) Developer or any person or entity proposing to use the Project Site for a use not consistent with this Section 3.06, shall file with the Agency a request for a release of part or all of the restrictions imposed by this section. Within thirty days of receipt of such a request, the Agency shall consider such request and either deny the request which denial shall specify the reasons therefor, approve the request as filed, or approve the request subject to such terms, conditions and limitations as the Agency may require. Any such release of a restriction shall be evidenced by an amendment to this Development Agreement executed by Agency and the Developer and recorded in the public records of Pinellas County, Florida, the cost of which recording shall be paid by Developer. Nothing in this Section 3.07 is intended to effect or override any law, ordinance, regulation or other legal restriction set forth in this Agreement. 3.07 Perpetual Easement to the City over the Community Gardens. The Developer must grant and deliver to the City or its heirs, successors, licensees, or assigns, a perpetual exclusive easement over the area existing as a community garden on the Project Site as of the Effective Date on terms, conditions, and a form deemed satisfactory to, and provided by, the City prior to the Commencement of Construction, solely for use as a community garden. ARTICLE 4. PROJECT PLANS AND SPECIFICATIONS. 4.01. Site Plan. (a) The Developer has prepared a preliminary Site Plan, a copy of which is attached hereto as Exhibit "B," that contemplates development of the Project consistent with this Agreement. The Developer agrees that during the term of this Agreement any material changes to the preliminary Site Plan or any subsequent versions of the Site Plan will be submitted to the Agency for approval. (b) The Site Plan approved by the Agency shall be the basis for and incorporated into the Project Plans and Specifications. 4.02. Preparation of Project Plans and Specifications. (a) The Developer shall prepare the Project Plans and Specifications in sufficient detail and description of the Project, graphically and narratively if requested, to allow the Agency the opportunity to determine if those plans and specifications are consistent with the Proposal, the Site Plan and the Plan. (b) (1) The Developer is responsible for the cost of preparing, submitting and obtaining approval of the Project Plans and Specifications. (2) The Developer has retained and shall retain the Project Professionals to prepare the Project Plans and Specifications and shall notify the Agency of the names of such Project Professionals and any subsequent changes thereto or additional Project Professionals retained with respect to the Project. The Developer shall cause the Project Professionals to prepare the Project Plans and Specifications. (c) (1) The Agency does hereby consent to the preparation of the Project Plans and Specifications, and any revisions thereto, by the Project Professionals, and the Agency will not unreasonably withhold, condition or delay approval of the Project Plans and Specifications. The Agency hereby acknowledges and agrees that the selection of the Project Professionals is the sole responsibility of, and within the sole discretion of, the Developer, and the Agency will not participate, and has not previously participated, in such selection by the Developer. (2) The parties hereto mutually acknowledge and agree the Project Professionals are not, individually or collectively, agents or representatives, either expressed or implied, of the City or the Agency. (d) The Developer shall provide the Project Plans and Specifications to the Executive Director of the Agency for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed, prior to submittal of the Application. The Agency and the Developer recognize and acknowledge the need for expedited review of the Project Plans and Specifications and approval by the Agency. (e) The Project Plans and Specifications contemplated by subsection (d) shall be sufficient for a determination by the City required by the ordinances and regulations of the City. 4.03. Coordination with City Review. The Developer has represented to the Agency and the Agency acknowledges the need to expedite the process for review of the Project Plans and Specifications and the issuance of any Building Permits and Permits. The Agency agrees to use its best efforts to coordinate and expedite its review of the Project Plans and Specifications with any review or approvals by the City or other governmental entities. 4.04. Agency Review of Project Plans and Specifications. (a) During the term of this Agreement, the Agency’s review and approval of the Project Plans and Specifications is a prerequisite for issuance of the initial Building Permit for construction of the Project, or any part thereof. Amanda Thompson, the Executive Director, is hereby delegated by the Agency to review and approve the Project Plans and Specifications for substantial compliance with the Site Plan. (b) Upon the Developer submitting the Project Plans and Specifications to the Agency for review, the Agency agrees to diligently proceed with and complete its review of the Project Plans and Specifications and respond to the Developer as soon as reasonably possible after receipt thereof, but in no event later than fifteen (15) days after receipt of such Project Plans and Specifications, and advise the Developer in writing of the Agency's reasonable objections thereto or that the Project Plans and Specifications have been approved as submitted. If the Agency does not disapprove the Project Plans and Specifications or any modifications thereof within fifteen (15) days following receipt by the Agency, such Project Plans and Specifications or modifications thereto, as applicable, shall be deemed approved by the Agency. (c) If the Agency gives written notice of specific objections to or deficiencies in the Project Plans and Specifications as provided in subsection (b), then the Agency and the Developer shall expeditiously, diligently and reasonably negotiate to resolve such objections. (d) If the Project Plans and Specifications submitted to the Agency by the Developer substantially comply with this Agreement, including being substantially in accordance with the Site Plan, and further the purposes of the Plan, the Agency shall approve the Project Plans and Specifications as submitted, and shall notify the City and other pertinent governmental entities of such approval and recommend the City and such other pertinent governmental entities give such approvals and issue such Permits and Building Permits or licenses as are necessary for development of the Project. (e) If the Developer does not dispute the objections to any proposed Project Plans and Specifications contained in any notice from the Agency, it shall submit revised Project Plans and Specifications satisfying such objections. Any changes in the Project Plans and Specifications made by the Developer in response to such a notice shall be made without charge to the Agency. 4.05 Project Schedule. (a) Developer shall submit a completed Application as required by Section 3.03(b). (b) Developer shall obtain all necessary building permits by July 31, 2022. (b) Developer shall Commence Construction of the Project by August 31, 2022. (c) Developer shall have completed 50% of Construction by April 30, 2023. (d) Developer shall have completed 100% of Construction by December 1, 2023 (e) Developer shall begin pre-leasing the dwelling units by October 1, 2023. (f) Developer shall complete leasing the dwelling units by March 1, 2024. (g) Notwithstanding anything contained in this Agreement to the contrary, in the event that Developer is unsuccessful in obtaining an allocation of affordable housing tax credits or other components of the Project Financing in RFA 2021-205 or RFA 2021-202 issued by the Florida Housing Finance Corporation, then Developer shall have the right to request from the Agency an extension of all relevant dates in this Agreement, by one year. The extension request shall expeditiously be brought before the Agency’s Board of Trustees, provided, however, it is understood and agreed that the approval or denial of such extension request shall be at the sole discretion of the Agency’s Board of Trustees. ARTICLE 5. PROJECT FINANCING. 5.01. Project Financing. (a) If the Developer elects to obtain Construction Financing, the Developer shall use its reasonable efforts to obtain from each Lender a term sheet for provision of the Construction Financing as soon as is reasonably possible. Upon obtaining such Construction Financing, the Developer shall notify the Agency that it has obtained said financing and provide to the Agency the name and address of the Lender. (b) If permitted by the terms of the Construction Financing, the Agency shall have an affirmative right, but not an obligation, to cure any default by the Developer under the Construction Financing. The parties recognize and acknowledge that the Agency's right under this paragraph (2) is not intended to be superior or ahead of any lien or right of any Lender on Lender to enforce its rights and remedies under the financing documents pertaining to the Project Financing. (c) The Developer covenants and agrees with the Agency that the proceeds of the Construction Financing shall be solely for the purpose of paying costs and fees related to the development and construction of the Project and that such proceeds, together with its own funds or other funds available to it from capital sources shall be sufficient to pay the costs of acquiring the Project Site and the development, construction and completion of the Project. 5.02. Notice of Developer's Default. (a) The Developer covenants and agrees with the Agency that Developer shall notify the Agency in writing within 5 days of Developer receiving notice that Lender declares the Developer to be in default or if an event of default has occurred under the financing documents for the Construction Financing. The notice from the Developer to the Agency shall state the basis of the default by the Developer, shall identify the particular provision of the financing documents under which the Developer is in default and shall include copies of any pleadings in any proceeding instituted by the Lender incident thereto. (b) Any notice from the Agency to the Developer specifying an event of default by the Developer under Section 12.01 hereof shall, at the same time it is provided to the Developer, be mailed by the Agency to any Lender and Investor by certified mail, return receipt requested, at its address last given to the Agency by the Developer prior to such notice; provided, however, the failure of the Agency to mail any such notice or the Lender or Investor to receive any such notice shall not constitute a material breach or default of this Agreement by the Agency, nor shall it constitute a waiver by or preclude or delay the Agency from proceeding with or enforcing any right or remedy available to it under this Agreement. The notice from the Agency to the Lender shall state the basis of the default, the particular provision of this Agreement under which the Developer is in default and shall include copies of any pleadings in any proceedings instituted by the Agency incident thereto. The Agency agrees to accept a cure of any such default by Lender or Investor as if tendered by Developer. 5.03. Cure of Developer's Default by Lender. (a) (1) Following the Agency providing the notice under Subsection 5.02(b) hereof, the Lender or Investor may, but shall have no obligation to, at its election, cure or remedy the default by the Developer described in such notice. If the Lender or Investor elects to cure such default, it shall give notice of such election to the Agency and the Developer within sixty (60) days after the Agency issued its notice of default by the Developer as provided in Section 12.01 hereof. (2) So long as the Lender or Investor proceeds to cure or remedy the Developer's default of this Agreement, the Agency agrees not to exercise any right or remedy available to it resulting from the Developer's default described in the notice and which the Lender has elected to cure for such period of time as shall be reasonably necessary for the Lender or Investor to cure or remedy such default, including any time reasonably necessary for the Lender or Investor to obtain possession of the Project Site, if possession is necessary to enable the Lender or Investor to cure or remedy such default. (b) If a default by the Developer under this Agreement is timely cured or remedied by the Lender or Investor pursuant to this Section 5.03, then the Agency shall not have any rights or remedies against the Developer with regard to such default. (c) If the Lender or Investor elects to cure or remedy the Developer's default hereunder as provided in subsection (a) hereof, it shall then be subject to and bound by the provisions of this Agreement and the actions required to be taken to remedy or cure said default that, but for the default by the Developer, would have been applicable to the Developer. (d) If, as a result of the Lender or Investor curing or remedying a default by the Developer under this Agreement, the Lender completes the construction of the Project upon receipt of a written request by the Lender to the Agency for a construction Completion Certificate, the Agency shall execute and deliver to the Lender or Investor a construction Completion Certificate for the Project, in the same manner and procedure as if the Developer has requested such a certificate under Section 7.05 hereof. (e) Subsequent to a default under this Agreement by the Developer, if neither the Lender nor the Investor timely elects to cure such default as provided in subsection (a) hereof, or makes such election and proceeds to construct and complete the Project, but fails to complete such construction by the Completion Date (subject to extensions for Unavoidable Delays) and such failure shall not have been cured within sixty (60) days (or such longer period as may be reasonably necessary and mutually agreed upon by the Agency and the Lender or Investor, as applicable), then the Agency may proceed with any remedies available to it under Section 12.01 hereof. 5.04. Lender Not Obligated to Construct. (a) If the Lender elects not to cure a default by the Developer hereunder as provided in Subsection 5.03(a) hereof, the Lender and any other holder who obtains title to or possession of the Project Site, or any part thereof, as a result of foreclosure proceedings or any other action in lieu thereof, including (I) any other party who thereafter obtains title to the Project Site or such part from and through such holder or, (ii) any other purchaser at a foreclosure sale, or (iii) any other grantee under a deed in lieu of foreclosure, and any of such parties' successors and assigns, shall not be obligated by this Agreement to construct or complete the Project, or to guarantee such construction or completion or to perform any of the Developer's other agreements, obligations or covenants under this Agreement. (b) Nothing in this Section 5.04 or any other provisions of this Agreement shall be deemed or construed to permit or authorize any Lender or any other party obtaining title to or possession of the Project Site, or any part thereof, to devote the Project Site, or any part thereof, to any use, or to construct any improvements thereon, other than the uses and improvements provided in the Plan and in the Project Plans and Specifications, unless prior to commencement of such use, approval thereof is obtained from the Agency, which approval shall not be unreasonably withheld, conditioned or delayed. 5.05. Agency Cures Developer's Default. If prior to the issuance of the Project Completion Certificate, the Developer defaults under this Agreement or under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Project Site, or any part thereof, if permitted by the terms of the Construction Financing, the Agency may cure such default or breach. In such an event, the Agency, as the case may be, shall be entitled, in addition to and without limitation upon any other rights or remedies or payment of any other amounts to which it shall be entitled by this Agreement, operation of law, or otherwise, to reimbursement from the Developer for all costs and expenses, including, without limitation, reasonable attorneys' fees, incurred by the Agency in curing such default, together with interest thereon at a per annum rate equal to twelve percent (12%) until such amount is paid. The Agency shall have a lien on the Project Site for the amount of such reimbursement; provided, that any such lien shall be subject and subordinate to the lien of any then existing mortgage of the Project Site in favor of the Lender. The Agency shall, if requested by Developer or the Lender, execute and deliver to Lender an agreement in recordable form subordinating the Agency’s lien to the lien of the Lender. ARTICLE 6. PROJECT SITE CONVEYANCE. 6.01. Findings; Representations. (a) The Agency is the owner of the Project Site. (b) Developer desires to purchase from Agency and Agency desires to sell to Developer the Project Site. 6.02. Agreement to Sell and Purchase. The Agency hereby agrees to sell and convey the Project Site to Developer and Developer hereby agrees to purchase the Project Site from Agency, upon the terms and conditions set forth in this Article 6. 6.03. Purchase Price. The Developer shall pay to the Agency as the purchase price for the Project Site the sum of One Million Three Hundred Fifty Thousand and 00/100 Dollars ($1,350,000.00). The Agency agrees to accept a promissory note in the amount of the Purchase Price (the “Note”) from Developer or its assignee as payment in full of the Purchase Price. The Note shall not bear interest and shall have a maturity date that is 40 years from the Closing Date and shall not require payments until maturity unless the Note has been accelerated. The Note shall be secured by a mortgage (the “Mortgage”) which shall be junior in priority to the Construction Financing and all other loans comprising Project Financing. The Agency may assign the Note and the Mortgage to the City, for any reason. 6.04. Site Evaluation. (a) From and after the Effective Date hereof during the term of this Agreement, the Developer and its agents and representatives shall be entitled to enter upon the Project Site for inspection, soil tests, examination, and such other matters and investigations as Developer deems necessary and appropriate. In this regard, no such examination will be deemed to constitute a waiver or a relinquishment on the part of Developer of its right to rely on the covenants, representations, warranties and agreements made by Agency or upon the agreements provided to Developer by Agency. Developer will restore any disturbance to the Project Site caused by its acts and will hold Agency harmless and indemnify Agency from and against any and all damages and liability occasioned by any claim asserted against Agency caused by such examination, excluding all damages and liability as a result of (i) a pre-existing condition on the Project Site, or (ii) the negligence and willful misconduct of the Agency. (b) Notwithstanding any other provision of this Agreement, in the event Developer does not receive approval of the Project after diligent effort and compliance with the timelines for submittal set forth herein and the procedural requirements of the City for submitting plans and specifications for approval to the City, Developer shall be entitled to terminate this Agreement as provided in Section 12.05 hereof. (c) Notwithstanding any other provision of this Agreement, in the event Developer is unable to obtain financing on commercially reasonable terms prior to the Closing Date, Developer may elect to terminate this Agreement as provided in Section 12.05. 6.05. Title. (a) Within three (3) months after the Effective Date, the Developer shall order from a title company of its choosing (the “Title Company”), at Agency's expense, a commitment for the issuance of an owner's policy of title insurance for the Project Site in the standard form adopted by the American Land Title Association, at no more than the promulgated rate, accompanied by one copy of all documents affecting the Project Site which constitute exceptions to the commitment. This commitment shall be in the amount of the total Purchase Price of the Project Site, shall show in Agency or the City, a good and marketable title in fee simple, free and clear of all liens and encumbrances without exception other than those permitted under the provisions of Section 6.13 hereof (the "Permitted Exceptions") in a form reasonably acceptable to Developer and shall be referred to hereinafter as the "Title Commitment". (b) If the Title Commitment, any update thereof or subsequent title commitment or the survey delivered to Developer in connection with the Project Site shows that the title is defective or unmarketable or that any part of the Project Site is subject to liens, restrictions, easements, encroachments or encumbrances of any nature whatsoever other than the Permitted Exceptions, Developer shall give Agency a reasonable time (not to exceed sixty (60) days after Developer has given written notice to Agency of any unacceptable conditions of title) within which to remedy or remove any such unacceptable conditions of title. Failure of Agency to remedy or remove any such unacceptable condition of title shall constitute a grounds for termination as provided in Section 12.05, unless Developer gives Agency its written waiver of such unacceptable condition of title. 6.06. Survey. (a) The Developer, shall engage a surveyor licensed by the State of Florida to prepare a current survey of the Project Site within 180 days of the execution of this Agreement. (b) The survey shall: (1) Include the sealed Survey Certification attached hereto as Exhibit “F” for the Project Site. (2) Set forth an accurate metes and bounds description of the Project Site, which metes and bounds description shall be used for the purposes of conveying the Project Site to Developer hereunder, and the gross number of acres contained in the Project Site. (3) Locate all existing easements and rights of way, whether recorded or visible (setting forth the book and page number of the recorded instruments creating the easement). (4) Show any encroachments onto the Project Site from adjoining property and any encroachments from the Project Site onto adjoining property. (5) Show all existing improvements (such as buildings, power lines, fences, roads, driveways, railroads, underground pipelines, cables, etc.) and all rivers, creeks, drainage ditches or other water courses. (6) Show all dedicated public streets providing access to the Project Site and whether such access is paved to the property line of the Project Site. (7) Identify any flood zones as defined on Federal Flood Insurance Rate Maps (F.I.R.M.) for Pinellas County, Florida that affect the Project Site. (8) Show all applicable set back lines with reference to the source of the set backs. In the event the survey shows any encroachments of any improvement upon, from or onto the Project Site or shows any other matter of survey which is objectionable to Developer, in Developer's sole discretion, then Developer shall provide Agency with notice of such defect and the same shall be deemed a title defect and shall be treated as an objection to title by Developer as provided under Section 6.05(b). 6.07. Rights and Duties of Agency. (a) Agency shall cooperate in good faith with Developer in Developer's evaluation of the Project Site and shall execute all documents or perform such other acts, reasonably necessary to enable Developer to satisfactorily complete its evaluation of the Project Site and shall provide to Developer and its consultants any information or documents reasonably required by Developer and in Agency's or its consultant's possession which would assist Developer in such evaluation and preparation. (b) Agency shall reaffirm in writing to Developer that the covenants, warranties and representations set forth herein are true and correct as of the Closing Date. 6.08 Rights and Duties of Developer. Developer agrees to timely commence and pursue its evaluation of the Project Site hereunder in good faith; provided, however, at any time, Developer may cease such evaluations and terminate this Agreement as provided in Section 6.04(b). 6.09. Conditions to Closing. (a) The obligation of Developer to purchase the Project Site is subject to the following ("Conditions to Closing") unless waived by the Agency on or before the Closing Date: (1) Developer's purchase of the Project Site is contingent upon Developer obtaining approval of the Application, resulting in a site plan approval of the Project for no fewer than 80 residential, affordable dwelling units with a rooftop community garden and that maintains the existing community gardens at the Project Site as contemplated by Section 4 of the Proposal and this Agreement and to be constructed substantially in accordance with the Project Plans and Specifications. (2) The representations and warranties of Agency set forth herein being true on and as of the Closing Date with the same force and effect as if such representations and warranties were made on and as of the Closing Date. (3) The Project shall be in compliance with the zoning, land use and concurrency requirements for the Project for no fewer than 80 residential, affordable dwelling units. (4) The Developer obtaining financing for construction of the Project on commercially reasonable terms. In the event the Conditions to Closing are not satisfied on or before the Closing Date, as hereinafter defined, the Agency may terminate this Agreement as set forth in Section 12.05 or may, at the Agency's option, extend the Closing Date for three (3) months to permit the Developer to satisfy the Conditions to Closing that are within the Agency’s control. (b) The obligation of the Agency to convey the Project Site to the Developer is subject to the following unless waived by the Agency on or before the Closing Date: (1) The representations and warranties of the Developer set forth in Section 10.01 being true on and as of the Closing Date with the same force and effect as if such representations and warranties were made on and as of the Closing Date. (2) The Developer is not then in default of this Agreement as provided in Section 12.01. (3) The Agency shall have approved the Project Plans and Specifications. (4) The City shall have approved the Site Plan for the Project for no fewer than 80 residential, affordable dwelling units with a rooftop community gardens and that maintains the existing community gardens at the Project Site as contemplated by Section 4 of the Proposal and this Agreement and constructed substantially in accordance with the Project Plans and Specifications. 6.10 Closing. Provided all conditions to conveyance of the Project Site to the Developer have been satisfied, Developer shall purchase the Project Site on or before the date which is 60 days after issuance of all Building Permits (herein referred to as the "Closing Date"). The parties may mutually agree to change the Closing Date, provided however that in no instance shall the Closing Date occur later than August 22, 2022. 6.11. Closing Procedure. (a) At closing, the Agency shall convey to Developer by special warranty deed, in the form attached hereto as Exhibit "C", title in fee simple to the Project Site, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions except those permitted in this Agreement and the Permitted Exceptions. (b) At closing, the Agency shall execute and deliver to Developer and Title Company an Affidavit of No Liens in a form satisfactory to Title Company and Developer, so as to cause Title Company to remove the "gap," unrecorded easements and other standard exceptions from the Title Commitment including all construction liens and parties in possession. (c) At closing, the Agency shall deliver to Title Company and Developer a certified copy of the organic document (e.g., the ordinances and resolutions) and all amendments thereto, that legally formed Agency and/or pursuant to which Agency holds title to the Project Site, along with evidence satisfactory to Title Company of Agency's authority to execute and deliver the documents necessary or advisable to consummate the transaction contemplated hereby. (d) At closing, the Agency shall deliver an endorsement to the Title Commitment required herein and such further instruments as may be required by Developer, Developer's counsel or the Title Company to vest in Developer title of the Project Site as provided herein, all at Agency's expense. (e) At closing, the Developer shall pay the Purchase Price for the Project Site to Agency as provided in Section 6.03 by delivery of the Note. (f) The Project Site is currently exempt from ad valorem real estate taxes. Commencing on the Closing Date, Developer shall be responsible for all ad valorem real estate taxes on the Project Site and any personal property taxes. (g) Agency shall pay all special assessments and taxes, interest and penalties levied against the Project Site prior to the Closing Date. (h) Other than the Business Lease Contract between the Agency as landlord and Clearwater Community Gardens, Inc. as tenant, having an effective date of February 27, 2020 (the “Community Gardens Lease”), Agency has terminated all leases for the Project Site or any part thereof and all tenants will have vacated the Project Site by the Closing Date. The Agency reserves the right to not terminate the current term of the Community Gardens Lease, provided, however, the Agency covenants not to extend or renew the Community Gardens Lease. (i) Agency shall deliver to Developer all original documents pertaining to the Project Site including licenses and permits, if any. (j) The Developer shall pay for all documentary stamps and transfer taxes, if any, for the deed, and for the preparation, recording for all closing documents, its own attorney's fees, the premiums for the owner's title insurance policy, and for recording the deed and all other closing costs and expenses. (k) Closing shall be conducted at the offices of the [Title Company]. 6.12. Possession. Exclusive possession of the Project Site shall pass to Developer upon completion of the closing. 6.13. Condition of Title. Title to the Project Site at the time of conveyance shall be free of all liens, restrictions, easements, encroachments and encumbrances of any nature whatsoever except the following (the "Permitted Exceptions"): (a) Real estate taxes for the year of closing and subsequent years that are a lien but not yet due and payable. (b) Comprehensive land use planning, zoning and building ordinances, regulations and requirements adopted by governmental or municipal authority having jurisdiction. (c) Those additional exceptions as contained in the Title Commitment which Developer, in its sole and absolute discretion, has elected to accept. 6.14. Taxes and Assessments. Agency agrees to pay all taxes and assessments that become a lien on the Project Site prior to the Closing Date promptly when due. All special assessments applicable to any portion of the Project Site, delinquent taxes and delinquent installment of special assessments, together with any penalties and interest thereon, shall be paid by Agency on or before the Closing Date. 6.15. Covenants, Warranties and Representations. Agency hereby covenants, warrants and represents to Developer that: (a) The title of Agency to the Project Site hereby sold is absolute, good and marketable and free and clear of all liens and encumbrances except for the Permitted Exceptions. (b) Agency will have the full legal power to own and convey the Project Site as provided for herein, following conveyance to the Agency of that portion of the property owned by the City. (c) There are no legal proceedings pending, threatened or contemplated against Agency or the City in any court, tribunal or administrative agency which affect the Project Site or which give or will give rise to any claims or liens against the Project Site or affect Agency's right to transfer the Project Site. (d) There are no rights of possession, use, rights of first refusal or otherwise to the Project Site outstanding in third persons by reason of unrecorded leases, land contracts, sale contracts, options or other documents. (e) No work has been performed or is in progress on or at the Project Site and no materials have been furnished to Agency or the Project Site or any portion thereof which after closing could give rise to any mechanics', materialmen, or other liens, and at the closing, Agency shall furnish to Developer an affidavit attesting to the absence of any such liens or rights to liens. (f) No assessment for public improvements or otherwise have been made against the Project Site which remain unpaid, including without limitation, any special assessments or those for construction of water, sewer, gas and electric lines, nor have any been proposed. (g) Agency has no information or knowledge of any change contemplated in the applicable laws, ordinances or restrictions, or any judicial or administrative action, or any action by adjacent land owners or natural or artificial conditions upon the Project Site which would prevent, limit, impede or make more costly the present or proposed use of the Project Site, provided, however, the City is in the process of adopting amendments to the land development code, but, if adopted, it will not adversely affect the proposed use or contemplated development of the Project Site. (h) From and after the date hereof, Agency shall refrain from (1) making any material changes on or about the Project Site; (2) creating and incurring or permitting to exist any mortgage, lien, pledge or other encumbrance in any way affecting the Project Site; or (3) committing any waste or nuisance on the Project Site. (i) From and after the date hereof, and at any time prior to transfer of title to Developer, Agency shall not grant, sell or convey any interest in the Project Site, including easements or rights of way, to any person, corporation (public or private), governmental body or political subdivision without the written permission of Developer. (j) (1) Compliance with Environmental Law. Agency has: (I) materially complied with all applicable Environmental Law; and (ii) not received any notice of alleged outstanding violation of Environmental Law, nor does Agency have knowledge of any facts or circumstances that could constitute such a violation. To the best of Agency's knowledge, there are no Hazardous Substances on, above, within, underneath or in groundwater underlying the Property which exceed applicable standards under any Environmental Law, other than the contaminants described in the Phase II ESA. (2) Definitions. For purposes of this Article 7, the terms in this paragraph (2) shall have the following meanings: (i) "Hazardous Substances" means any substance or material: (a) identified in Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §9601, as the same may be amended from time to time; or (b) determined to be toxic, a pollutant or contaminant, under Federal, state or local statute, law, ordinance, rule or regulation or judicial or administrative order or decision, as same may be amended from time to time, including but not limited to (i) hazardous wastes as identified pursuant to the Resource Conversation and Recovery Act, 42 U.S.C. §6901, et seq., as the same may be amended from time to time, or (ii) pollutants, petroleum and petroleum products as defined in either Chapter 403 or Chapter 376, Florida Statutes, as the same may be amended from time to time. (ii) "Environmental Law" means any Federal, state or local statutory or common law relating to pollution or protection of the environment, including without limitation, any common law of nuisance or trespass, and any law or regulation relating to emissions, discharges, releases or threatened releases of Hazardous Substances into the environment (including without limitation, ambient air, surface water, groundwater, land surface or subsurface strata) or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Substances. (k) Agency has no knowledge of any adverse fact relating to the physical condition of the Project Site or any portion thereof which has not been specifically disclosed in writing to Developer, including without limitation landfills, hazardous wastes, fault lines, sinkholes or other geological conditions or adverse soil conditions. (l) Agency has no knowledge that any commitments have been made to any governmental authority, utility company, school board, church or other religious body, homeowners' association, or any other organization, group or individual relating to the Project Site which would impose an obligation upon Developer or its successors or assigns to make any contributions or dedications of money or land or to construct, install or maintain any improvements of a public or private nature on or off the Project Site. (m) There are no facts known to Agency materially affecting the value of the Project Site which are not readily observable by Developer or which have not been disclosed to Developer or identified by Developer in its site investigation. (n) There exists no violation of any requirement or condition to current zoning or land use classifications applicable to the Project Site. (o) The Project Site is not included in any national, state, county or municipal historic registry or similar classification, nor does the Project Site include any historical or archeological artifacts. (p) The Agency has full power and authority to enter into this Agreement and consummate the transactions contemplated hereby and neither this Agreement nor the consummation of the transactions contemplated hereby will constitute a violation of any order, rule, regulation, agreement or instrument or any charter or organizational documents to which the Agency is subject. No further approvals or consents by third parties or governmental bodies are required in order for the Agency to enter into this Agreement and consummate the transactions contemplated hereby. (q) The covenants, representations and warranties of the Agency as contained herein shall be true and correct as of the Closing Date and shall survive the closing of this transaction. 6.16. Condemnation. In the event that prior to the Closing Date, all or any portion of the Project Site or any rights or easements therein shall be taken by condemnation or rights of eminent domain or like process, or shall be threatened therewith, and the same, in Developer's reasonable opinion, would have a materially adverse impact upon Developer's use of the Project Site, Developer shall, within fifteen (15) days after having received notice thereof from Agency, elect in writing to either (a) continue this Agreement in full force and effect, notwithstanding such taking or threatened taking, in which case Developer shall be required to continue the purchase of the Project Site, in which event Agency shall assign or pay to Developer the applicable portion of the proceeds payable under such condemnation proceedings, (b) delete the portion of the Project Site condemned or threatened to be condemned from this Agreement, with a proportionate reduction in the Purchase Price, or (c) terminate this Agreement. 6.17. Real Estate Commission. Developer and Agency represent that they have not used any brokerage services with respect to the conveyance of the Project Site to the Developer as herein contemplated. The Agency and the Developer shall each hold the other harmless and indemnify the other party, its respective successors, assigns, employees, directors and agents from any and all costs, damages, liabilities and expenses, including reasonable attorney's fees, incurred by reason of any claim for fee or commission of any kind based on the sale contemplated herein. 6.18. Maintenance of Project Site. Prior and up to the Closing Date during its continued possession, the Agency shall maintain the Project Site in good order. 6.19. Radon Gas Notice. (a) As required by Section 404.056(5), Florida Statutes, the following notice is hereby given to the Developer as the prospective purchaser of the Project Site, which may have buildings located thereon, and the Developer acknowledges receipt of such notice: "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." ARTICLE 7. CONSTRUCTION OF THE PROJECT. 7.01. Site Clearance. The Developer shall be responsible for clearance of the Project Site such that it is in a condition ready for Commencement of Construction as of the Commencement Date. Permits issued by the City for pre-construction activities on the Project Site, including site clearance, shall not be considered a Building Permit for purposes of this Agreement. 7.02. Construction of the Project. (a) The Developer shall construct the Project on the Project Site substantially in accordance with the Project Plans and Specifications. Subject to Unavoidable Delay and the terms and conditions in this Agreement, the Developer shall Commence Construction of the Project no later than August 31, 2022. (b) (1) The Developer shall commence Vertical Construction of the Project by December 1, 2022. The Developer shall continue, pursue and prosecute the Vertical Construction of the Project with reasonable diligence to substantial completion by the Completion Date and shall not at any time actually or effectively have abandoned (or its Contractor having actually or effectively abandoned) the Project Site. For purposes of this subsection (b), "abandoned" means to have ceased all construction work, including all or substantially all the construction work force withdrawing from the Project Site for a period of sixty (60) consecutive days, subject to unavoidable delays. (2) All obligations of the Developer with respect to commencement, continuation and completion of construction of the Project shall be subject to delays and extensions from time to time for Unavoidable Delay. The Developer shall not be deemed to be in default of this Agreement to the extent construction or completion of the Project, or any part thereof, is not complete by reason of Unavoidable Delay. (c) For purposes of this Agreement, "completion," "complete," "substantially complete" or "substantial completion" means, that a temporary Certificate of Occupancy for each residential building has been issued by the City. (d) (1) Commencing on the fifteenth (15th) day of the calendar month following the calendar month in which the Commencement Date occurs and continuing until the Completion Date, the Developer shall make quarterly reports to the Agency in such detail and in such form as may reasonably be requested by the Agency as to the actual progress of the construction of the Project. (2) If the Agency reasonably believes adequate progress in the construction of the Project is not being made, the Agency shall give written notice to the Developer that adequate progress is apparently not being made in the Project and Developer shall have a period of ten (10) business days after receipt of such notice in which to respond to Agency as to why adequate progress is or is not being made toward completion of the Project. (e) (1) The Developer agrees that each contract between the Developer and a Contractor for the Project shall provide, among other things, that: (i) notice shall be given to the Agency of any material defaults thereunder by the Developer or the Contractor; and (ii) in the event of a material breach by the Developer of such contract that is not being contested by the Developer, the Agency shall have the right, but not the obligation, to cure any defaults by the Developer under such contract without penalty to the Agency or stoppage of the work. (2) If the Agency elects to cure a material default by the Developer under a contract between the Developer and a Contractor, upon receipt of a notice to that effect from the Agency, the Developer shall immediately deliver to the Agency all plans, specifications, drawings, contracts and addenda thereto pertaining to the construction of that part of the Project which are in its possession or control (and shall instruct the Project Professionals and any other persons in possession or control of such plans, specifications, drawings and contracts to deliver them to the Agency). (3) The right of the Agency to cure any default by the Developer as provided in paragraph (1) above shall be subject and subordinate to the right of the Lender to cure such default. 7.03. Maintenance and Repairs. During the construction of the Project, the Developer shall, at its own expense, keep the Project in good and clean order and condition and the Developer shall promptly make all necessary or appropriate repairs, replacements and renewals thereof, whether ordinary or extraordinary, foreseen or unforeseen. All repairs, replacements and renewals shall be equal in quality and class to the original work. When making such repairs, replacements or renewals, the Developer shall comply with all applicable laws, ordinances, codes and regulations. 7.04. Project Alterations or Improvements. During the initial construction of the Project, the Developer may, from time to time, make alterations and improvements, structural or otherwise, to the Project as the Developer deems desirable and consistent with the Project Plans and Specifications for the uses contemplated by this Agreement; provided, however, that prior to the commencement of any material alterations or improvements of sufficient size and scope as to constitute a material change in the previously approved Project Plans and Specifications, the Developer shall notify the Agency of such material change and shall submit a change, amendment or revision to the Project Plans and Specifications to the Agency for review as provided in Sections 4.03 and 4.04 hereof. Nothing in this Section 7.04 is intended nor shall be deemed to limit or restrict the exercise of governmental or regulatory powers or authority by the City or any other governmental entity or to enlarge its regulatory authority. 7.05. Completion Certificate. (a) (1) Upon the substantial completion of the construction of the Project in accordance with the provisions of this Article 7 (particularly including subsection 7.02(c)), the Developer shall prepare and execute the Completion Certificate, which shall then be delivered to the Agency. Upon receipt of the Completion Certificate, the Agency shall promptly and diligently proceed to determine if construction has been completed substantially in accordance with the Project Plans and Specifications and this Agreement. Upon making such a determination the Agency shall execute the Completion Certificate and return it to the Developer. The date of the Completion Certificate shall be the date when the last of the parties shall have executed the Completion Certificate. (2) The Completion Certificate shall constitute a conclusive determination by the parties hereto of the satisfaction and termination of the obligations of the Developer hereunder to construct the Project; provided, however, that nothing in this Section 7.05 shall be a waiver of the rights, duties, obligations or responsibilities of the City or any other governmental entity acting in its regulatory or governmental capacity or an approval of said construction for purposes of the issuance of a certificate of occupancy for the Project. (3) The parties agree that it is their intent that the review by the Agency for purposes of the Completion Certificate determination pursuant to this Section 7.05 is not to be an additional or duplicate inspection over and above that required for purposes of the Building Permit, including the issuance of a certificate of occupancy. The Agency agrees that for purposes of determining if the Project has been substantially completed in accordance with the Project Plans and Specifications, the issuance of a certificate of occupancy shall be a conclusive determination of substantial completion for purposes of this subsection (a) and, if such certificate of occupancy has been determined to have been issued, then the Agency agrees to execute the Completion Certificate. (b) If the Agency shall refuse or fail to execute the Completion Certificate after receipt of a request by the Developer to do so, then the Agency shall, within ten (10) days after its receipt of such request, provide the Developer with a written statement setting forth in reasonable detail the reason(s) why the Agency has not executed the Completion Certificate and what must be done by the Developer to satisfy such objections so that the Agency would sign the Completion Certificate. Upon the Developer satisfying the Agency's objections, then the Developer shall submit a new request to the Agency for execution of the Completion Certificate and that request shall be considered and acted upon in accordance with the procedures in paragraph (a)(1) for the original request. (c) The Completion Certificate shall be in a form sufficient to be recorded in the public records of Pinellas County, Florida. After execution by the Agency, it shall be promptly returned to the Developer who shall record the Completion Certificate in the public records of Pinellas County, Florida, and pay the cost of such recording. 7.06. Agency Not in Privity with Contractors. The Agency shall not be deemed to be in privity of contract with any Contractor or provider of goods or services with respect to the construction of the Project. 7.07. Repurchase of the Project Site. (a) In the event Developer does not commence Construction of the Project in accordance with the Project Schedule set forth in Sections 4.05 and 7.02 hereof, Agency shall have an option to purchase the Project Site upon the terms and conditions as set forth in this Section 7.07 (the "Property Option"). The Property Option shall be exercised by Agency within ninety (90) days following the last date on which Developer was required to commence Vertical Construction. The Property Option shall be exercised by Agency providing written notice to Developer of its intent to exercise the Property Option within said ninety (90) day period (time being of the essence with respect to such notice); provided, however, that Agency shall not have the right to exercise such Property Option in the event Developer cures its failure to commence Vertical Construction within thirty (30) days following its receipt of such written notice. If Agency should fail to provide such written notice of its exercise of the Property Option within said ninety (90) day period, then the Property Option shall immediately, automatically and permanently lapse. (b) Upon proper and timely exercise of the Property Option, Agency and Developer shall undertake to close the conveyance of the Project Site by Developer to Agency within sixty (60) days following the date of notice of the exercise of the Property Option upon the following terms and conditions: (1) The Project Site shall be acquired subject to any recorded mortgages, notes, or other debt instruments in favor of third parties encumbering the title to the Project Site as evidenced in the Public Records of Pinellas County, Florida. (2) The price to be paid by Agency to Developer for the Project Site shall equal the Purchase Price paid by Developer to Agency at closing less the amount of outstanding debt encumbering the Project Site pursuant to paragraph (b)(1) above that is assumed by the Agency. (3) The Project Site shall be conveyed by Developer to Agency pursuant to a special warranty deed, which deed shall be subject to taxes for the year of closing and the other Permitted Exceptions to which the Project Site was subject on the Closing Date. (c) Upon the commencement of Vertical Construction by Developer in accordance with the Project Schedule, the Agency shall, within five (5) days of Developer’s request, execute and deliver to Developer, in recordable form, a termination of the Agency’s Property Option. (d) Upon conveyance of the Project Site to the Agency pursuant to the exercise of the Property Option, this Agreement shall terminate as provided in Section 12.05. (e) The Property Option shall survive a termination of this Agreement by the Developer pursuant to Section 12.05. ARTICLE 8. INSURANCE. 8.01. Insurance Requirements Generally. (a) The Developer agrees to purchase and maintain or cause its construction Contractor to purchase and maintain) in full force and effect such insurance policies with coverages generally applicable to projects in the State of Florida and Pinellas County similar in size and scope to the Project. All insurance shall be obtained from financially responsible insurance companies either duly authorized under the laws of the State of Florida to do insurance business in the State of Florida (or subject to legal process in the State of Florida) and shall be issued and countersigned by duly authorized representatives of such companies for the State of Florida. (b) The insurance coverages and limits shall be evidenced by properly executed certificates of insurance, copies of which shall be provided to the Agency during the term of this Agreement. No less than thirty (30) days written notice by registered or certified mail must be given by the Developer to the Agency of any cancellation, intent not to renew, or reduction in the policy coverages. (c) Nothing in this Agreement is intended or shall be deemed to be designed by the Agency as a recommended insurance program for the Developer. (d) (1) The Developer alone shall be responsible for the sufficiency of its own insurance program. The Agency will in no way be responsible to the Developer or any other party for any inadequacy of the Developer's overall insurance program. (2) The Agency shall be responsible for the sufficiency of its insurance program. The Developer will in no way be responsible to the Agency or any other party for any inadequacy of the Agency's overall insurance program. 8.02. No Waiver of Sovereign Immunity. Nothing in this Article 8 is intended or shall be deemed to constitute a waiver in whole or in part of any sovereign immunity applicable to and that may be asserted by the City or the Agency. ARTICLE 9. INDEMNIFICATION. The Developer agrees to assume all risks inherent in this Agreement and all liability therefor, and shall defend, indemnify, and hold harmless the Agency, its officers, agents, and employees from and against any and all claims of loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence or willful misconduct of the Agency or Agency's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Developer's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Developer whether or not based on negligence. Nothing herein shall be construed as consent by the Agency to be sued by third parties, or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE DEVELOPER. 10.01. Representations and Warranties. The Developer represents and warrants to the Agency that each of the following statements is currently true and accurate and agrees the Agency may rely upon each of the following statements: (a) The Developer is a Florida Limited Liability Company duly organized and validly existing under the laws of the State of Florida, has all requisite power and authority to carry on its business as now conducted, to own or hold its properties and to enter into and perform its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party and has consented to service of process upon a designated agent for service of process in the State of Florida. (b) This Agreement and, to the extent such documents presently exist in form accepted by the Agency and the Developer, each document contemplated or required by this Agreement to which Developer is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the Developer, and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof: (1) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (2) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the Developer, (3) contravenes or results in any breach of, default under or, other than as contemplated by this Agreement, results in the creation of any lien or encumbrance upon any property of the Developer under any indenture, mortgage, deed of trust, bank loan or credit agreement, the Developer's articles of organization, or, any other agreement or instrument to which the Developer is a party or by which the Developer may be bound. (c) This Agreement and, to the extent such documents presently exist in form accepted by the Agency and the Developer, each document contemplated or required by this Agreement to which the Developer is or will be a party constitutes, or when entered into will constitute, a legal, valid and binding obligation of the Developer enforceable against the Developer in accordance with the terms thereof, except as such enforceability may be limited by applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. (d) There are no pending or, to the knowledge of the Developer, threatened actions or proceedings before any court or administrative agency against the Developer, or against any controlling shareholder, officer, employee or agent of the Developer, which question the validity of this Agreement or any document contemplated hereunder, or which are likely in any case, or in the aggregate, to materially adversely affect the consummation of the transactions contemplated hereunder or the financial condition of the Developer. (e) The Developer has filed or caused to be filed all federal, state, local and foreign tax returns, if any, which were required to be filed by the Developer, and has paid, or caused to be paid, all taxes shown to be due and payable on such returns or on any assessments levied against the Developer. (f) All financial information and other documentation, including that pertaining to the Project or the Developer, delivered by the Developer to the City and the Agency, was, on the date of delivery thereof, true and correct in all material respects. (g) The principal place of business and principal executive offices of the Developer are in Miami, Florida, and, until the expiration or termination of this Agreement, the Developer will keep original or duplicate records concerning the Project (such as construction contracts, financing documents and corporate documents) and all contracts, licenses and similar rights relating thereto at its office located in Miami, Florida, copies of which shall be made available to Agency upon 24 hours' written notice. (h) As of the Closing Date, the Developer will have the financial capability to carry out its obligations and responsibilities in connection with the development of the Project as contemplated by this Agreement, including the purchase of the Project Site from the Agency as contemplated by Article 6, subject to receipt of the Project Financing. (i) The Developer (with the assistance of its Project Professionals) has the experience, expertise, and capability to develop, cause the construction, and complete the Project and, oversee and manage the design, planning, construction, and completion of the Project, and to acquire the Project Site as provided herein. 10.02. Covenants. The Developer covenants with the Agency that until the earlier of the Termination Date or the Expiration Date: (a) The Developer shall timely perform or cause to be performed all of the obligations contained herein which are the responsibility of the Developer to perform. (b) During each year this Agreement and the obligations of the Developer under this Agreement shall be in effect, the Developer shall cause to be executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals and shall cause to occur those events contemplated by this Agreement that are applicable to, and that are the responsibility of, the Developer. (c) The Developer shall assist and cooperate with the Agency to accomplish the development of the Project by the Developer in accordance with this Agreement and the Project Plans and Specifications and will not violate any laws, ordinances, rules, regulations, orders, contracts or agreements that are or will be applicable thereto, including the Plan and the Act. (d) The Developer shall comply with all provisions of the financing documents for any Construction Financing. (e) Subsequent to the Effective Date, the Developer shall maintain its financial capability to develop, construct and complete the Project and shall promptly notify the Agency of any event, condition, occurrence, or change in its financial condition which materially adversely affects, or with the passage of time is likely to adversely affect, the Developer's financial capability to successfully and completely develop, construct and complete the Project as contemplated hereby. (f) The Developer shall promptly cause to be filed when due all federal, state, local and foreign tax returns required to be filed by it and shall promptly pay when due any tax required thereby so as to avoid an uncured tax lien against the Project Site. (g) Subject to and except as permitted by Section 15.01, the Developer shall maintain its existence, will not dissolve or substantially dissolve all of its assets and will not consolidate with or merge into another corporation, limited partnership, or other entity without the prior approval of the Agency, unless the Developer is the surviving entity or retains a controlling interest in the consolidated or merged corporation, in which case no consent by Agency shall be required. In any event, prior to the expiration or termination of this Agreement, the Developer, will promptly notify the Agency of any changes to the existence or form of the limited liability company of Developer. (h) The Developer shall not sell, lease, transfer or otherwise dispose of all or substantially all its assets without adequate consideration and will otherwise take no action which shall have the effect, singularly or in the aggregate, of rendering Developer unable to continue to observe and perform the covenants, agreements, and conditions hereof and the performance of all other obligations required by this Agreement. (i) Except for the removal of any structures, plants, items or other things from the Project Site after the Closing Date necessary for construction of the Project to commence and continue, the Developer shall not permit, commit, or suffer any waste or impairment of the Project Site prior to the earlier of the Termination Date or the Expiration Date. (j) Provided all conditions precedent thereto have been satisfied or waived as provided herein, the Developer shall design, construct and complete the Project such that it is substantially complete as set forth in Section 4.05 of this Agreement. 10.03 Covenant: Nondiscrimination. The Developer covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the marketing, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Project Site, nor shall the Developer itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub lessees or vendees of the Project Site. 10.04. Survival. The representations, warranties and covenants of Developer as contained in Section 10.01 and 10.02 hereof shall survive the conveyance of the Project Site to the Developer by the Agency. The representations, warranties and covenants of Developer as contained in Section 10.03 hereof shall survive the conveyance of the Project Site to the Developer by the Agency and Termination or Expiration. The Parties agree that the survival contained in this section automatically terminate on October 1, 2029. ARTICLE 11. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE AGENCY. 11.01. Representations and Warranties. In addition to any representation, warranty and/or covenant contained in Section 6.15 hereof, the Agency represents and warrants to the Developer that each of the following statements is currently true and accurate and agrees that the Developer may rely on each of the following statements: (a) The Agency is a validly existing body corporate and politic of the State of Florida, is the duly created community redevelopment agency of the City under Part III, Chapter 163, Florida Statutes (known as the Community Redevelopment Act of 1969), has all requisite corporate power and authority to carry on its business as now conducted and to perform its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party. (b) This Agreement and, to the extent such documents presently exist in form accepted by the Agency and the Developer, each document contemplated or required by this Agreement to which the Agency is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the Agency, and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof (1) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (2) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the Agency, (3) contravenes or results in any breach of, or default under or, other than as contemplated by this Agreement, results in the creation of any lien or encumbrance upon any property of the Agency under any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions or, on the date of this Agreement, any other agreement or instrument to which the Agency is a party, specifically including any covenants of any bonds, notes, or other forms of indebtedness of the Agency outstanding on the Effective Date. (c) This Agreement and, to the extent such documents presently exist in form accepted by the Agency and the Developer, each document contemplated or required by this Agreement to which the Agency is or will be a party constitute, or when entered into will constitute, legal, valid and binding obligations of the Agency enforceable against the Agency in accordance with the terms thereof, except as such enforceability may be limited by public policy or applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. (d) There are no pending or threatened actions or proceedings before any court or administrative agency against the Agency, or against any officer of the Agency, which question the validity of any document contemplated hereunder, or which are likely in any case, or in the aggregate, to materially adversely affect the consummation of the transactions contemplated hereunder or the financial condition of the Agency. 11.02. Covenants. The Agency covenants with the Developer that until the earlier of the Termination Date or the Expiration Date: (a) The Agency shall timely perform or cause to be performed all the obligations contained herein which are the responsibility of the Agency to perform. (b) During each year that this Agreement and the obligations of the Agency under this Agreement shall be in effect, the Agency shall cause to be executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals, and shall cause to occur those events contemplated by this Agreement that are applicable to and are the responsibility of the Agency. (c) The Agency shall assist and cooperate with the Developer to accomplish the development of the Project in accordance with this Agreement and the Project Plans and Specifications, will carry out its duties and responsibilities contemplated by this Agreement, and will not violate any laws, ordinances, rules, regulations, orders, contracts, or agreements that are or will be applicable thereto, and, to the extent permitted by law, the Agency will not enact or adopt or urge or encourage the adoption of any ordinances, resolutions, rules, regulations or orders or approve or enter into any contracts or agreements, including issuing any bonds, notes, or other forms of indebtedness, that will result in any provision of this Agreement to be in violation thereof. (d) The Agency shall not request or recommend any rezoning of the Project Site, or any part thereof, which will prevent or adversely affect the development of the Project. (e) The Agency to the best of its ability, shall maintain its financial capability to carry out its responsibilities as contemplated by this Agreement and shall notify the Developer of any event, condition, occurrence, or change in its financial condition that adversely affects, or with the passage of time is likely to adversely affect, the Agency's financial capability to carry out its responsibilities contemplated hereby. 11.03. Survival. The representations, warranties and covenants of Agency as contained in Section 11.01 and 11.02 hereof shall survive the conveyance of the Project Site to the Developer by the Agency. ARTICLE 12. DEFAULT; TERMINATION. 12.01. Default by Developer. (a) Provided the Agency is not then in default of this Agreement under Section 12.02 hereof, the occurrence of any one or more of the following after the Effective Date shall constitute an event of default by Developer ("Developer Event of Default"): (1) The Developer shall fail to perform or comply with any material provision of this Agreement applicable to it within the time prescribed therefor; provided, however, that suspension of or delay in performance by the Developer during any period in which the Agency is in default of this Agreement as provided in Section 12.02 hereof will not constitute a Developer Event of Default under this subsection (a), and provided further, the failure to satisfy any condition precedent, including, without limitation, securing the Project Financing shall not be construed as or deemed to be a default or an Event of Default hereunder; or (2) The Developer shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation or shall file an answer admitting, or shall fail reasonably to contest, the material allegations of a petition filed against it in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of the Developer or any material part of such entity's properties; or (3) Within sixty (60) days after the commencement of any proceeding by or against the Developer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed or otherwise terminated, or if, within sixty (60) days after the appointment without the consent or acquiescence of the Developer of any trustee, receiver or liquidator of any of such entities or of any material part of any of such entity's properties, such appointment shall not have been vacated. (b) (1) If a Developer Event of Default shall remain uncured thirty (30) days after written notice thereof to the Developer, then, in addition to any remedy available under Section 12.03, the Agency may terminate this Agreement or pursue any and all legal or equitable remedies to which the Agency is entitled, including an action for declaratory or injunctive relief. Notwithstanding anything contained in this clause (1) of this subsection 12.01(b) to the contrary. In the event the Developer has commenced to cure the Developer Event of Default but it is of such nature that it cannot be completely cured within thirty (30) days, then Developer shall have such reasonable additional time as is necessary to cure the Developer Event of Default provided that the entire cure period shall not exceed ninety (90) days after Developer's initial receipt of notice of the Developer Event of Default. Notwithstanding any provision in this Agreement to the contrary, if a Developer Event of Default shall occur prior to the Closing Date, Agency's sole and exclusive remedy shall be to terminate this Agreement. (2) Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any Developer Event of Default hereunder if such event affects the Agency's ability to perform by such deadline or the expiration of such period. (c) Subject to the rights of any Lender, any Contractor, creditors of the Developer, and others claiming a legal or equitable interest in the Project, or a portion thereof, if the Agency elects under Section 5.05 to cure a Developer Event of Default and complete the construction of the Project, all plans and specifications, working drawings, construction contracts, contract documents, Building Permits, Permits, management agreements, and financial commitments (all only to the extent assignable) with respect to the Project shall, if such default has not been previously cured, on the day following receipt by the Developer of notice from the Agency of its election to cure under Section 5.05, be deemed then assigned to the Agency making said election, without necessity of any other action being taken or not taken by any party hereto. The Developer shall transfer and deliver to the Agency upon making said election, all assignable Project Plans and Specifications, working drawings, construction contracts, contract documents, financial commitments, management agreements, and all Permits. The rights of the Agency under this Section 12.01(c) are subject and subordinate in all respects to the rights of Lender. 12.02. Default by the Agency. (a) Provided the Developer is not then in default under Section 12.01, there shall be an "Agency Event of Default" under this Agreement in the event the Agency shall fail to perform or comply with any material provision of this Agreement applicable to it; provided, however, that suspension of or delay in performance by the Agency during any period in which the Developer is in default of this Agreement as provided in Section 12.01 hereof will not constitute an Agency Event of Default under this subsection (a). (b) If an Agency Event of Default described in subsection (a) shall occur, the Developer shall provide written notice thereof to the Agency, and, after expiration of the curative period described in paragraph (b) below, may terminate this Agreement, institute an action to compel specific performance of the terms hereof by the Agency or pursue any and all legal or equitable remedies to which the Developer is entitled; provided, however, if the Agency Event of Default occurs on or prior to the Closing Date, any monetary recovery by the Developer in any such action shall not include any lost profits or consequential damages and shall be limited to bona fide third party out-of-pocket costs and expenses, including reasonable attorneys' fees, incurred by the Developer in connection with the negotiation of this Agreement as well as any investigation, due diligence, development, design or construction costs incurred by the Developer in connection with the proposed acquisition and development of the Project Site, unless any such Agency Event of Default was willful and committed in bad faith with reckless disregard for the rights of the Developer. If the Agency Event of Default occurs following the Closing Date, Developer shall provide written notice thereof to the Agency, and, after the expiration of the curative period described in paragraph (c) below, may terminate this Agreement, institute an action to compel specific performance of the terms hereof by the Agency or pursue any and all legal or equitable remedies to which the Developer is entitled; any monetary recovery by the Developer in any such action shall include any lost profits or consequential damages in addition to reimbursement for bona fide third party out-of-pocket costs and expenses, including reasonable attorneys' fees, incurred by the Developer in connection with the negotiation of this Agreement as well as any investigation, due diligence, development, design or construction costs incurred by the Developer in connection with the proposed acquisition and development of the Project Site. (c) The Developer may not terminate this Agreement or institute an action described in paragraphs (a) or (b) above if the Agency cures such Agency Event of Default within thirty (30) days after receipt by the Agency of written notice from the Developer specifying in reasonable detail the Agency Event of Default, or if any such Agency Event of Default is of such nature that it cannot be completely cured within such period, then within such reasonably longer period of time as may be necessary to cure such Agency Event of Default. If the Agency is proceeding diligently and in good faith to cure such Agency Event of Default, the curative period shall be extended for a period of not exceeding an additional thirty (30) days without any approval or consent of the Developer being required, but such approval will be required (and shall be given or withheld in Developer's sole discretion) if the curative period is to be extended beyond the aggregate of sixty (60) days after the notice of such Agency Event of Default has been given by the Developer to the Agency. If the Agency shall fail to cure such Agency Event of Default within said thirty (30) day or longer period (as extended above) or ceases to proceed diligently to timely cure such Agency Event Default, then the Developer may proceed with its available remedies without providing any additional notice to the Agency. (d) Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any Agency Event of Default hereunder if such event affects the Developer's ability to perform by such deadline or the expiration of such period. 12.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein to the contrary, the specified rights and remedies to which either the Agency or the Developer are entitled under this Agreement are not exclusive and are intended to be in addition to any other remedies or means of redress to which the Agency or the Developer may lawfully be entitled and are not specifically prohibited by this Agreement. The suspension of, or delay in, the performance of its obligations by the Developer, while the Agency shall at such time be in default of their obligations hereunder shall not be deemed to be a Developer Event of Default. The suspension of, or delay in, the performance of the obligations by the Agency while the Developer shall at such time be in default of its obligations hereunder shall not be deemed to be an Agency Event of Default. 12.04. Non-Action on Failure to Observe Provisions of this Agreement. The failure of the Agency or the Developer to promptly or continually insist upon strict performance of any term, covenant, condition or provision of this Agreement, or any Exhibit hereto, or any other agreement, instrument or document of whatever form or nature contemplated hereby shall not be deemed a waiver of any right or remedy that the Agency or the Developer may have, and shall not be deemed a waiver of a subsequent default or nonperformance of such term, covenant, condition or provision. 12.05. Termination. (a) The Developer and the Agency acknowledge and agree that as of the Effective Date, certain matters mutually agreed upon by the parties hereto, which are essential to the successful development of the Project, have not been satisfied or are subject to certain conditions, legal requirements or approvals beyond the control of any of the parties hereto or which cannot be definitely resolved under this Agreement. In recognition of these events or conditions, the parties hereto mutually agree that, provided the appropriate or responsible party therefor diligently and in good faith seeks to the fullest extent of its capabilities to cause such event or condition to occur or be satisfied, the failure of the events or conditions listed in subsection (b) below to occur or be satisfied shall not constitute an event of default by any party under this Article 12, but may be the basis for a termination of this Agreement as provided in this Section 12.05. (b) In addition to any other rights of termination provided elsewhere in this Agreement, this Agreement may be terminated by Developer prior to the Closing Date as provided in subsection (c) after the occurrence of any of the following events or conditions: (1) Failure to satisfy the Conditions to Closing set forth in Section 6.09. (2) All of the Project Site is taken by the exercise of the power of eminent domain by a governmental authority (except the City or the Agency) or a person entitled to exercise such power or benefiting therefrom, or such part of the Project Site is taken by the power of eminent domain so as to render the Project, in Developer's sole discretion, commercially unfeasible or unusable for its intended uses as contemplated by this Agreement. (3) The appropriate governmental authority (but not including the City in exercise of its governmental and regulatory authority and responsibility), upon petition by the Developer, unduly delays or denies or fails to issue the Permits, issue the Building Permits, or approve any other land use approval necessary to Commence Construction of the Project on the Project Site. (4) A moratorium on new construction is imposed by a governmental authority within the City or Pinellas County preventing construction of the Project to commence. (5) The City or other appropriate governmental authority has issued a concurrency compliance certificate or a reservation of services capacity as described in Section 3.05 and such certificate or reservation has been revoked, repealed, superseded, or otherwise no longer of any effect or the Developer is unable to rely upon such certificate or reservation, if such a certificate or reservation is required for development of the Project on the Project Site, and the Developer cannot obtain a new or replacement certificate or reservation for the Project. (6) The City approves an amendment to the Plan, which is inconsistent with the Project being located on the Project Site. (7) Utilities are not readily available at the boundaries of the Project Site at locations satisfactory to the Developer by the Closing Date. (c) In the event of a termination pursuant to Section 12.05(b), neither the Developer nor the Agency shall be obligated or liable one to the other in any way, financially or otherwise, for any claim or matter arising from or as a result of this Agreement or any actions taken by the Developer and the Agency, or any of them, hereunder or contemplated hereby, and each party shall be responsible for its own costs, excluding provisions of this Agreement which specifically survive the termination of this Agreement. (d) Notwithstanding anything to the contrary contained herein, in the event that any party shall have, but shall not exercise, the right hereunder to terminate this Agreement because of the non-satisfaction of any condition specified herein, and such condition is subsequently satisfied, then the non-satisfaction of such condition shall no longer be the basis for termination of this Agreement. (e) In no event will the Agreement be terminated sooner than April 30, 2022 for any reason other than failure to pay any monies due under the Agreement. 12.06. Termination Certificate. (a) In the event of a termination of this Agreement for any reason prior to the Expiration Date, each of the parties hereto do covenant and agree with each other to promptly execute a certificate prepared by the party electing to terminate this Agreement, which certificate shall expressly state that this Agreement has been terminated in accordance with its terms, is no longer of any force and effect except for those provisions hereof which expressly survive termination, that the rights, duties and obligations of the parties hereto have been terminated and released (subject to those surviving provisions hereof) and that the Project Site is no longer subject to any restrictions, limitations or encumbrances imposed by this Agreement. (b) The certificate described in subsection (a) shall be prepared in a form suitable for recording and promptly after execution by all of the parties hereto shall be recorded in the public records of Pinellas County, Florida. The cost of recording the termination certificate shall be paid by the terminating party. 12.07 Remedies. All remedies provided for herein and under Florida law shall be cumulative and shall survive the technical termination of this Agreement pursuant to execution, delivery and recordation of a Termination Certificate or otherwise hereunder. ARTICLE 13. UNAVOIDABLE DELAY. 13.01. Unavoidable Delay. (a) Any delay in performance of or inability to perform any obligation under this Agreement (other than an obligation to pay money) due to any event or condition described in paragraph (2) as an event of "Unavoidable Delay" shall be excused in the manner provided in this Section 13.01. (b) "Unavoidable Delay" means any of the following events or conditions or any combination thereof: acts of God, acts of the public enemy, riot, insurrection, war, pestilence, archaeological excavations required by law, unavailability of materials after timely ordering of same, building moratoria, discovery and remediation of previously unidentified environmental contamination discovered after the Closing Date, epidemics, quarantine restrictions, freight embargoes, fire, lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal and excessively inclement weather (as indicated by the records of the local weather bureau for a five-year period preceding the Effective Date), strikes or labor disturbances, delays due to proceedings under Chapters 73 and 74, Florida Statutes, restoration in connection with any of the foregoing or any other cause beyond the reasonable control of the party performing the obligation in question, including, without limitation, such causes as may arise from the act of the other party to this Agreement, or acts of any governmental authority (except that acts of the Agency shall not constitute an Unavoidable Delay with respect to performance by the Agency). (c) An application by any party hereto (referred to in this paragraph (c) and in paragraph (d) as the "Applicant") for an extension of time pursuant to subsection (a) must be in writing, must set forth in detail the reasons and causes of delay, and must be filed with the other party to this Agreement within thirty (30) days following the occurrence of the event or condition causing the Unavoidable Delay or thirty (30) days following the Applicant becoming aware (or with the exercise of reasonable diligence should have become aware) of such occurrence. (d) The Applicant shall be entitled to an extension of time for an Unavoidable Delay only for the number of days of delay due solely to the occurrence of the event or condition causing such Unavoidable Delay and only to the extent that any such occurrence actually delays that party from proceeding with its rights, duties and obligations under this Agreement affected by such occurrence. ARTICLE 14. FIRE OR OTHER CASUALTY; CONDEMNATION. 14.01. Loss or Damage to Project. If economically reasonable as determined by Developer, the Developer covenants and agrees to diligently commence and complete the reconstruction or repair of any loss or damage caused by fire or other casualty or by eminent domain (provided the City or the Agency is not the condemning authority) to each and every part of the Project to substantially the same as existed prior to the occurrence of such loss or damage. Any reconstruction or repair of any loss or damage to the Project shall be to the standards, design, plans and specifications of the original construction unless any change therefrom is approved by the Agency. 14.02. Partial Loss or Damage to Project. Any loss or damage by fire or other casualty or exercise of eminent domain to the Project or Project Site, or any portion thereof, which does not render the Project or Project Site reasonably unusable for the use contemplated by this Agreement, shall not operate to terminate this Agreement or to relieve or discharge the Developer from the timely performance and fulfillment of the Developer's obligations pursuant to this Agreement, subject to an extension of time for an Unavoidable Delay. 14.03. Notice of Loss or Damage to Project. The Developer shall promptly give the Agency written notice of any significant damage or destruction to the Project stating the date on which such damage or destruction occurred, the expectations of the Developer as to the effect of such damage or destruction on the use of the Project, and the proposed schedule, if any, for repair or reconstruction of the Project. If the Developer determines the Project cannot be repaired or restored in an economically justifiable or other manner, then the Developer shall so notify the Agency and state reasons supporting its determination. 14.04. Subject to Financing. The Developer's obligations under this Article 14 are subject to the terms and conditions of the Construction Financing or any other mortgage financing in effect at the time any such obligations hereunder would otherwise be applicable. ARTICLE 15. MISCELLANEOUS. 15.01. Assignments. (a) (1) Prior to the earlier of the Termination Date or the Expiration Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof to any person with the prior written consent of the Agency, which shall not be unreasonably withheld, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition, except for the sale of a condominium in the ordinary course of business. (2) If the assignee of Developer's right, title, interest and obligations in and to the Project, or any part thereof, assumes all of Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the Agency agrees to execute an instrument evidencing such release, which shall be in recordable form. (b) An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer or its principals is a general partner or has either the controlling interest or through a joint venture or other arrangement shares equal management rights with a financial institution and maintains such controlling interest or equal management rights for the term of this Agreement shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Section 15.01, provided, however, that notice of such assignment shall be given by the Developer to the Agency no less than ten (10) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. If the Developer shall at any time withdraw or be replaced as a general partner or no longer have the controlling interest or management rights as described in this subsection prior to issuance of a Certificate of Occupancy, then that event shall constitute an assignment of the Developer's right, title, interest or obligations under this Agreement for purposes of this Section 15.01 and the prior approval of the Agency (not to be unreasonably withheld, conditioned or delayed) shall be obtained before such an event shall be effective. (c) The Agency acknowledges and agrees that Developer will assign its rights and obligations to an entity which will apply for the Project Financing, and the Agency expressly consents to such assignment so long as the general partner or manager of such assignee is controlled by or under common control with Developer. 15.02. Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the Agency, and its successors and assigns, and the Developer, and its successors and assigns, except as may otherwise be specifically provided herein. 15.03. Notices. (a) All notices, demands, requests for approvals or other communications given by either party to another shall be in writing, and shall be sent by registered or certified mail, postage prepaid, return receipt requested or by overnight courier service, or by hand delivery to the office for each party indicated below and addressed as follows: To the Developer: To the Agency: Archway Partners, LLC Community Redevelopment Agency of the City 475 Brickell Ave. of Clearwater Apartment 2215 P.O. Box 4748 Miami, FL 33131 Clearwater, Florida 33758 Attention: Brett Green, CEO Attention: Executive Director with copies to: with a copy to: Shutts & Bowen LLP 200 S. Biscayne Blvd., Suite 4100 Miami, Florida 33131 Attention: Robert Cheng City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 Attention: City Attorney (b) Notices given by courier service or by hand delivery shall be effective upon deposit with the courier or delivery service. Notices given by overnight delivery company shall be deemed received on the first (1st) business day after deposit with the overnight delivery company. Notices given by mail shall be deemed received on the third (3rd) business day after mailing. Refusal by any person to accept delivery of any notice delivered to the office at the address indicated above (or as it may be changed) shall be deemed to have been an effective delivery as provided in this Section 15.03. The addresses to which notices are to be sent may be changed from time to time by written notice delivered to the other parties and such notices shall be effective upon receipt. Until notice of change of address is received as to any particular party hereto, all other parties may rely upon the last address given. 15.04. Severability. If any term, provision or condition contained this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 15.05. Applicable Law and Construction. The laws of the State of Florida shall govern the validity, performance and enforcement of this Agreement. This Agreement has been negotiated by the Agency and the Developer, and the Agreement, including, without limitation, the Exhibits, shall not be deemed to have been prepared by the Agency or the Developer, but by all equally. 15.06. Venue; Submission to Jurisdiction. (a) For purposes of any suit, action or other proceeding arising out of or relating to this Agreement, the parties hereto do acknowledge, consent and agree that venue thereof is Pinellas County, Florida. (b) Each party to this Agreement hereby submits to the jurisdiction of the State of Florida, Pinellas County and the courts thereof and to the jurisdiction of the United States District Court for the Middle District of Florida, for the purposes of any suit, action or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts. (c) If, at any time during the term of this Agreement, the Developer is not a resident of the State of Florida or has no office, employee, agency, registered agent or general partner thereof available for service of process as a resident of the State of Florida, or if any permitted assignee thereof shall be a foreign corporation, partnership or other entity or shall have no officer, employee, agent, or general partner available for service of process in the State of Florida, the Developer hereby designates the Secretary of State, State of Florida, its agent for the service of process in any court action between it and the Agency arising out of or relating to this Agreement and such service shall be made as provided by the laws of the State of Florida for service upon a non-resident; provided, however, that at the time of service on the Florida Secretary of State, a copy of such service shall be delivered to the Developer at the address for notices as provided in Section 15.03. 15.07. Agreement Not a Chapter 86-191, Laws of Florida, Development Agreement. The Developer and the Agency acknowledge, agree and represent that this Agreement, including, without limitation, any of the Exhibits, is not a development agreement as described in Sections 19-31, Chapter 86-191, Laws of Florida, codified as Sections 163.3220-163.3243, Florida Statutes. 15.08. Estoppel Certificates. The Developer and the Agency shall at any time and from time to time, upon not less than ten (10) days prior notice by another party hereto, execute, acknowledge and deliver to the other parties a statement in recordable form certifying that this Agreement has not been modified and is in full force and effect (or if there have been modifications that the said Agreement as modified is in full force and effect and setting forth a notation of such modifications), and that to the knowledge of such party, neither it nor any other party is then in default hereof (or if another party is then in default hereof, stating the nature and details of such default), it being intended that any such statement delivered pursuant to this Section 15.08 may be relied upon by any prospective purchaser, mortgagee, successor, assignee of any mortgage or assignee of the respective interest in the Project, if any, of any party made in accordance with the provisions of this Agreement. 15.09. Complete Agreement; Amendments. (a) This Agreement, and all the terms and provisions contained herein, including without limitation the Exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral, including the RFP and the Proposal. (b) Any provisions of this Agreement shall be read and applied in para materia with all other provisions hereof. (c) This Agreement cannot be changed or revised except by written amendment signed by all parties hereto. 15.10. Captions. The article and section headings and captions of this Agreement and the table of contents preceding this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any article, section, subsection, paragraph or provision hereof. 15.11. Holidays. It is hereby agreed and declared that whenever a notice or performance under the terms of this Agreement is to be made or given on a Saturday or Sunday or on a legal holiday observed in the City, it shall be postponed to the next following business day. 15.12. Exhibits. Each Exhibit referred to and attached to this Agreement is an essential part of this Agreement. The Exhibits and any amendments or revisions thereto, even if not physically attached hereto shall be treated as if they are part of this Agreement. 15.13. No Brokers. The Agency and the Developer hereby represent, agree and acknowledge that no real estate broker or other person is entitled to claim or to be paid a commission as a result of the execution and delivery of this Agreement, including any of the Exhibits, or any proposed improvement, use, disposition, lease, conveyance or acquisition of any or all of the Project Site, specifically including the conveyance of the Project Site by the Agency to the Developer. 15.14. Not an Agent. During the term of this Agreement, the Developer hereunder shall not be an agent of the City or the Agency, with respect to any and all services to be performed by the Developer (and any of its agents, assigns, or successors) with respect to the Project, and the Agency is not an agent of the Developer (and any of its agents, assigns, or successors). 15.15. Memorandum of Development Agreement. The Agency and the Developer agree to execute, in recordable form, on the Effective Date, the short form "Memorandum of Agreement for Development and Purchase and Sale of Property," the form of which is attached hereto as Exhibit "D," and agree, authorize and hereby direct such Memorandum to be recorded in the public records of Pinellas County, Florida, as soon as possible after execution thereof. The Agency shall pay the cost of such recording. 15.16. Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills and is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a proper exercise of the Agency's power and authority under the Act. 15.17. No General Obligation. In no event shall any obligation, express or implied, of the Agency under this Agreement be or constitute a general obligation or indebtedness of the City or the Agency, a pledge of the ad valorem taxing power of the City or the Agency or a general obligation or indebtedness of the City or the Agency within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. Neither the Developer nor any other party under or beneficiary of this Agreement shall ever have the right to compel the exercise of the ad valorem taxing power of the City, the Agency or any other governmental entity or taxation in any form on any real or personal property to pay the City's or the Agency's obligations or undertakings hereunder. 15.18. Local Government Support. The Agency recognizes that certain funding requests may require the Developer to show “local government support.” This support will come in the form of a loan or grant of $75,000.00 to the Developer from the City in a manner that shall qualify for the Local Government Area of Opportunity Funding under the RFA including without limitation the timely approval of the Loan and the execution and delivery of the requisite Local Government Verification of Contribution-Loan form. 15.19. Term; Expiration; Certificate. (a) If not earlier terminated as provided in Section 12.05, the term of this Agreement shall expire and this Agreement shall no longer be of any force and effect (except for those matters which specifically survive such expiration) on the tenth anniversary of the Effective Date. (b) Upon completion of the term of this Agreement, all parties hereto shall execute the Agreement Expiration Certificate. The Agreement Expiration Certificate shall constitute (and it shall be so provided in the certificate) a conclusive determination of satisfactory completion of all obligations hereunder and the expiration of this Agreement; provided, however, that the automatic termination as provided in Section 12.05 shall not be effected in the event that the Agreement Expiration Certificate is not executed and recorded. (c) The Agreement Expiration Certificate shall be in such form as will enable it to be recorded in the public records of Pinellas County, Florida. Following execution by all of the parties hereto, the Agreement Expiration Certificate shall promptly be recorded by the Developer in the public records of Pinellas County, Florida, and the Developer shall pay the cost of such recording. 15.20. Effective Date. Following execution of this Agreement (and such of the Exhibits as are contemplated to be executed simultaneously with this Agreement) by the authorized officers of the Agency and by authorized representatives of the Developer following approval hereof by the Agency and the Developer this Agreement (and any executed Exhibits) shall be in full force and effect in accordance with its terms. 15.21 Cooperation of the City. The City of Clearwater, a municipal corporation, has joined in this Agreement for the sole purpose of reflecting its agreement to cooperate and support the Agency in meeting the obligation created by Section 15.18. [SIGNATURE PAGES FOLLOW] IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of the ________day of _________, 2021. AGENCY COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: __________________________ Frank V. Hibbard Chairperson Approved as to form: Attest: ________________________ ______________________________ Michael P. Fuino Rosemarie Call Attorney for City Clerk Community Redevelopment Agency CITY THE CITY OF CLEARWATER, a municipal corporation By: __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ________________________ ______________________________ Pamela Akin Rosemarie Call City Attorney City Clerk DEVELOPER ARCHWAY PARTNERS, LLC a Florida limited liability company By: Brett Green, President STATE OF FLORIDA ) COUNTY OF ______________ ) The foregoing instrument was acknowledged before me this _________ day of ____________, 2021, by ______________________________, as of Archway Partners, a Florida limited liability company, on behalf of the company. He/She is personally known to me or who produced ___________________ as identification. _______________________________ Print/Type Name:_________________ Notary Public EXHIBIT A [Project Site Description and Map] EXHIBIT B [Proposed Site Plan] EXHIBIT C Prepared by and upon Recording Return to: Tax Parcel ID: _______________ SPECIAL WARRANTY DEED COMMUNITY REDEVELOPMENT AGENCY, also known as THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, a body politic and corporate of the State of Florida created pursuant to Part III, Ch. 163 Fla. Stat., whose address is .O. Box 4748, Clearwater, Florida 33758, hereinafter called the GRANTOR, for and in consideration of Ten and 00/100 Dollars ($10.00), and other valuable consideration the receipt of which is hereby acknowledged, does bargain, sell, convey and grant unto ARCHWAY PARTNERS, LLC, a Florida limited liability company, whose address is 475 Brickell Ave., Apartment 2215, Miami, FL 33131 hereinafter called The GRANTEE, the federal tax identification number of which is: ________________, its successors and assigns forever, the real property, situate, lying and being in Pinellas County, Florida, more particularly described in EXHIBIT “A” attached hereto. Subject to taxes for current year and to those matters listed in EXHIBIT “B” attached hereto, without reimposing same. TO HAVE AND TO HOLD unto the said GRANTEE, its successors and assigns forever, and said GRANTOR warrants and shall defend the title against the lawful claims of all persons claiming by, through, or under it, but against none other. TOGETHER with all and singular the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed in its name by its Chairman this ________ day of _____________, 2021. [SIGNATURE PAGE FOLLOWS] C-1 COMMUNITY REDEVELOPMENT AGENCY ATTEST: OF THE CITY OF CLEARWATER __________________________ By: _____________________________ Executive Director Chairman WITNESSES (as to all signatures): _____________________________ Printed Name: _______________ _____________________________ Printed Name: _______________ STATE OF FLORIDA COUNTY OF PINELLAS The foregoing SPECIAL WARRANTY DEED was acknowledged before me this ______ day of ______________, 20__, by __________________, as Chairman, and __________________, as the Executive Director of the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, a body politic and corporate, on behalf of said entity. Such persons are personally known to me or presented _________________________ as identification. ________________________________ Notary Public, State of Florida My Commission Expires: My Commission Number: C-2 EXHIBIT D MEMORANDUM OF AGREEMENT FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTY This Memorandum of Agreement for Development and Purchase and Sale of Property ("Memorandum") is made this ___ day of _______________, 2021, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida (the "Agency"), whose address is P.O. Box 4748, Clearwater, Florida 33758, and ARCHWAY PARTNERS, a Florida limited liability company (the “Developer”), whose address is 475 Brickell Ave., Apartment 2215, Miami, FL 33131. This Memorandum pertains to an Agreement for Development and Purchase and Sale of Property, by and between the Agency and the Developer, dated as of ______________________, 2021, (the "Development Agreement"), which provides, among other things, for the sale of property within a project site as described in Exhibit "A" attached hereto and made a part hereof for the development and construction of the Project, as same is defined in the Development Agreement. If not earlier terminated as provided for in the Development Agreement, the Development Agreement shall expire and shall no longer be of any force and effect (except for those matters which specifically survive such expiration) on the tenth anniversary of the Effective Date (as defined in the Development Agreement). The Development Agreement is incorporated herein and made a part hereof by reference as fully as though it were set forth herein in its entirety. It is the intention of the parties to hereby ratify, approve and confirm the Development Agreement as a matter of public notice and record. Nothing herein shall in any way affect or modify the Development Agreement, nor shall the provisions of this Memorandum be used to interpret the Development Agreement. In the event of conflict between the terms of this document and those contained in the Development Agreement, the terms in the Development Agreement shall control. A copy of the fully-executed Development Agreement is on file with the City Clerk, City of Clearwater, Florida, located at City Offices, 600 Cleveland St., Ste. 600, Clearwater, Florida, which is available for review and copying by the public. IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of the _______ day of _____________, 2021. [SIGNATURE PAGE FOLLOWS] D-1 COMMUNITY REDEVELOPMENT AGENCY ATTEST: OF THE CITY OF CLEARWATER __________________________ By: _____________________________ Executive Director Chairman STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ______________, 2021, by _________________, as Chairman, and ____________________, as the Executive Director of the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, a body politic and corporate, on behalf of said entity. Such persons are personally known to me or presented _________________________ as identification. ________________________________ Notary Public, State of Florida My Commission Expires: My Commission Number: ARCHWAY PARTNERS, LLC a Florida limited liability company By: By: Name: Its: STATE OF FLORIDA ) COUNTY OF ______________ ) The foregoing instrument was acknowledged before me this _________ day of ____________, 20121, by ______________________________, as of ARCHWAY PARTNERS, LLC, a Florida limited liability company, on behalf of the company. He/She is personally known to me or who produced ___________________ as identification. _______________________________ Print/Type Name:_________________ Notary Public D-2 EXHIBIT E AGREEMENT EXPIRATION CERTIFICATE This Agreement Expiration Certificate ("Certificate") is made this ___ day of _______________, ____, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida (the "Agency"), whose address is P.O. Box 4748, Clearwater, Florida 33758, and Archway Partners, LLC, a Florida limited liability company (the “Developer”), whose address is 475 Brickell Ave., Apartment 2215, Miami, FL 33131. This Certificate pertains to an Agreement for Development and Purchase and Sale of Property, by and between the Agency and the Developer, dated as of ______________________, 2021, (the "Development Agreement"), which provides, among other things, for the sale of property within a project site as described in Exhibit "A" attached hereto and made a part hereof for the development and construction of the Project, as same is defined in the Development Agreement. The Development Agreement has expired in accordance with its own terms as of , 20 , and is no longer of any force or effect, and the Project site is no longer subject to any restriction, limitation, or encumbrance imposed by the Development Agreement. This Certificate has been executed by the parties to the Development Agreement as provided in Section 15.19 thereof and constitutes a conclusive determination of satisfactory completion of all obligations under such Agreement and that the Development Agreement has expired, except for those matters which survive as noted above. A copy of the fully-executed Development Agreement is on file with the City Clerk, City of Clearwater, Florida, located at City Offices, 600 Cleveland St., Ste. 600, Clearwater, Florida, which is available for review and copying by the public. IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of the ___ day of ____________, ____. [SIGNATURE PAGE FOLLOWS] E-1 COMMUNITY REDEVELOPMENT AGENCY ATTEST: OF THE CITY OF CLEARWATER __________________________ By: _____________________________ Executive Director Chairman STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ______________, _____, by __________________, as Chairman, and , as the Executive Director of the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, a body politic and corporate, on behalf of said entity. Such persons are personally known to me or presented _________________________ as identification. ________________________________ Notary Public, State of Florida My Commission Expires: My Commission Number: ARCHWAY PARTNERS, LLC a Florida limited liability company By: By: Name: Its: STATE OF FLORIDA ) COUNTY OF ______________ ) The foregoing instrument was acknowledged before me this _________ day of ____________, _____, by ______________________________, as of Archway Partners, LLC, a Florida limited liability company, on behalf of the company. He/She is personally known to me or who produced ___________________ as identification. _______________________________ Print/Type Name:_________________ Notary Public E-2 EXHIBIT F SURVEY REQUIREMENTS The Survey shall comply with the following requirements which may be in addition to the requirements of Florida Administrative Code, Rule No. 21HH-6. 1. Field Note Description. The Survey shall contain a certified metes and bounds description and shall comply with the following requirements: (i) The beginning point, which should be established by a monument located at the beginning point, or by reference to a nearby monument, shall be shown. (ii) The boundary of the Property shall be described by giving the distances and bearings of each. (iii) The distances, bearings, and angles shall be taken from a recent instrument survey, or recently recertified instrument survey, by a licensed Professional Engineer or Registered Surveyor. (iv) Curved sides shall be described by data including length of arc, central angle, radius of circle for the arc and chord distance, and bearing. (v) The legal description shall be a single perimeter description of the entire Property. (vi) The description shall include a reference to all streets, alleys, and other rights-of-way that abut the Property surveyed, and the width of all rights- of-way mentioned shall be given the first time these rights-of-way are referred to. (vii) If the Property surveyed has been recorded on a map or plat as part of an abstract or subdivision, reference to such recording data shall be made. 2. Lot and Block Description. If the Property is included within a properly established, recorded subdivision or addition, then a lot and block description will be an acceptable substitute for a metes and bounds description, provided that the lot and block description shall completely and properly identify the name or designation of the recorded subdivision or addition and give the recording information therefor. 3. Map or Plat. The Survey shall also contain a certified map or plat showing and identifying the following: (i) All of the distances, bearings, angles and curves used in the legal description. (ii) The relation of the point of beginning of said plot to the monument from which it is fixed. (iii) Any discrepancies between the map or plat and the description. (iv) All easements showing recording information therefor by volume and page. F-1 (v) The established building line, if any. (vi) All easements appurtenant to the Property. (vii) The boundary line of the street or streets abutting the Property, the width of said streets, and whether each street is dedicated or private. (viii) Ingress and egress to the Property by the name of street(s) or road(s) upon which the Property fronts, the same being a paved and dedicated public right-of-way; and the name of the governmental entity which maintains the same. (ix) Encroachments and the extent thereof in terms of distance upon the Property or any easement appurtenant thereto. 4. Improvements. The Survey shall also show all structures and improvements on the Property with horizontal lengths of all sides, and the distance from such structures and improvements to (a) all boundary lines of the Property, (b) easements, (c) established building lines, and (d) street lines. 5. Certification. The certification for the Property description and the map or plat should be addressed to Buyer, any lender involved in the transaction contemplated hereby, and to the interested title company, if required by the title company, signed by the surveyor, bearing current date, registration number, and sealed and returned to Buyer in order that it be received along with the seven (7) copies of the survey no later than twenty (20) days prior to Closing. The Survey shall contain the following certificate: F-2 1 4831-0614-7495v.1 147454/00112 MIADOCS 22673161 45 SURVEYOR'S CERTIFICATE This survey is made for the benefit of ___________________________________ __________________________ and _________________________________. I hereby certify that this survey: (1) was made on the ground as per the field notes shown hereon, and correctly shows the boundary lines and dimensions, area of the Property indicated hereon and each individual parcel indicated hereon; (2) delineates all lot lines, shows the location and dimension of all buildings, structures, improvements, parking areas, and any other matters on the Property; (3) correctly shows the location and dimensions of all alleys, streets, roads, rights-of-way, easements, and other matters of record, or which are visible, of which the undersigned has been advised or as indicated in that certain Title Insurance Commitment issued by ______________________________________________________ as Commitment No. ______________, affecting the Property according to the legal description in such easements and other matters (with instrument, book, and page number indicated); and except as shown, there are no easements, rights-of-way, party walls, or conflicts, and there are no encroachments on adjoining premises, streets, or alleys by any of said buildings, structures, or other improvements, and there are no encroachments on the Property by buildings, structures, or other improvements situated on adjoining premises; and the distance of the nearest intersecting street and road is as shown hereon; (4) shows the means of access and location of all adjoining streets; and that ingress and egress to the Property is provided by [name(s) of street(s) or road(s)] upon which the Property fronts, the same being a paved and dedicated public right-of-way maintained by [governmental authority maintaining right-of-way]; (5) shows the zoning and land use designations of the Property; (6) shows the flood zone designation of the Property, and the community name and parcel number where the information was obtained; (7) shows the location of the coastal construction control line and seasonal high-water line, as defined in Florida Statutes §161.053 (1985), if applicable; and (8) shows the location of any wetlands by which the Department of Environmental Regulation of the State of Florida and/or the Army Corps of Engineers has or may exercise jurisdiction pursuant to the Warren S. Henderson Wetlands Protection Act of 1984, the Federal Water Pollution Control Act Amendments of 1972 and the Clean Water Act. F-3 MIADOCS 22673161 45 I do further certify that: (1) the Property does not serve any adjoining property for drainage, ingress, and egress, or any other purpose; (2) the street address of the Property is: ___________________ _________________________________________; and (3) the Property and all improvements located thereon comply with all dimensional and other requirements of the applicable zoning district; and the use upon the Property is permitted by the zoning and land use designations; (4) the total square-foot area, or acreage to the nearest one one-thousandth (1/1000) of an acre, of the Property is: _________________________________________; and (5) that the survey represented hereon meets the requirements of the Florida Statutes §472.027 and the minimum requirements under Florida Administrative Code, Rule No. 21HH-6. _______________________________ By:____________________________ Registration No. ______________ (Affix Seal) F-4 MIADOCS 22673161 45 EXHIBIT G COMPLETION CERTIFICATE This Completion Certificate ("Certificate") is made this ___ day of _______________, ____, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida (the "Agency"), whose address is P.O. Box 4748, Clearwater, Florida 33758, and Archway Partners, LLC, a Florida limited liability company (the “Developer”), whose address is 475 Brickell Ave., Apartment 2215, Miami, FL 33131. This Certificate pertains to an Agreement for Development and Purchase and Sale of Property (“____________ Project”), by and between the Agency and the Developer, dated as of ___________________ _____, 2021 (the "Development Agreement"), which provides, among other things, for the development and construction of the ____________ Project, within a project site as described in Exhibit "A" attached hereto and made a part hereof, as same are defined in the Development Agreement. As provided in Article 7 of the Development Agreement, the construction and installation of the ______________ Project has been completed substantially in accordance with the requirements of the Development Agreement and such improvements are substantially complete. The parties hereto acknowledge and agree that such Project has been so completed and have executed this Certificate as conclusive determination of such completion and satisfaction of the Developer's obligation under the Development Agreement to construct and install such Project. A copy of the fully-executed Development Agreement is on file with the City Clerk, City of Clearwater, Florida, located at 600 Cleveland St., Ste. 600, Clearwater, Florida, which is available for review and copying by the public. A copy of the _______________ Project Plans and Specifications is on file with the City Engineer, City of Clearwater, Florida, located at Municipal Services Building, 100 S. Myrtle Avenue, Clearwater, Florida, which is available for review and copying by the public. IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of the ___ day of ____________, ____. [SIGNATURE PAGE FOLLOWS] G-1 MIADOCS 22673161 45 AGENCY COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: __________________________ Amanda Thompson Chairperson Approved as to form: Attest: ________________________ ______________________________ Michael P. Fuino Rosemarie Call Attorney for City Clerk Community Redevelopment Agency ARCHWAY PARTNERS, LLC a Florida limited liability company By: By: Name: Its: STATE OF FLORIDA ) COUNTY OF ______________ ) The foregoing instrument was acknowledged before me this _________ day of ____________, _____, by ______________________________, as of Archway Partners, LLC, a Florida limited liability company, on behalf of the company. He/She is personally known to me or who produced ___________________ as identification. _______________________________ Print/Type Name:_________________ Notary Public G-2 MIADOCS 22673161 45 EXHIBIT H DEVELOPER’S PROPOSAL Summary report: Litera® Change-Pro for Word 10.8.2.11 Document comparison done on 8/3/2021 4:26:28 PM Style name: SHUTTS Intelligent Table Comparison: Active Original DMS: iw://SB-MIA-DMS-9/MIADOCS/22673161/4 Modified DMS: iw://SB-MIA-DMS-9/MIADOCS/22673161/5 Changes: Add 37 Delete 44 Move From 0 Move To 0 Table Insert 0 Table Delete 0 Table moves to 0 Table moves from 0 Embedded Graphics (Visio, ChemDraw, Images etc.) 0 Embedded Excel 0 Format changes 0 Total Changes: 81 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9673 Agenda Date: 9/16/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve the purchase of excess liability, excess workers compensation, and numerous specialty insurance policies from October 1, 2021 through September 30, 2022 at an amount not to exceed $1,300,000 pursuant to City Code of Ordinances Section 2.563(1)(i), Insurance, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Risk Management Division of the Finance Department purchases certain excess and specialty insurance policies through the efforts of the City’s insurance broker, Arthur J. Gallagher and Company. These policies include an excess liability package through Lloyds’s of London for coverages including General Liability, Automobile Liability, Employee Benefits Liability, Errors and Omissions Liability, Personal Injury Law Enforcement Liability, Marine Operator ’s Liability, EMS Liability, and Compressed Natural Gas Liability; an excess workers compensation package through Safety National for coverages including Workers Compensation and Employer Liability; and additional excess policies for Third Party Storage Tank Liability, Hull Protection and Indemnity, Cyber Liability and numerous flood policies. This year’s excess liability renewal will be with the current carrier, Brit Insurance. Brit was unable to provide a multi-year rate guarantee for this renewal due to market conditions. They are willing to renew our coverage for 2021 - 2022 for $338,281, which is a 16.06% increase in premium over last year’s renewal. For the workers compensation excess policy, the City was unable to obtain a multi-year agreement with the current carrier, Safety National; but staff was able to renew the policy for a premium of $418,971, which is an 11.62% increase over Fiscal Year 2021. Risk Management is also estimating an increase of 15% for renewals of the additional excess and flood policies, with the exception of Cyber Liability coverage, which could increase substantially due to market conditions and availability. Staff estimates a 150% potential increase during the renewal for this policy. This request includes a contingency of $32,178 to accommodate any other unforeseen increases. The total requested not-to-exceed amount of $1,300,000 is a 23.52% increase over fiscal year 2021 not-to-exceed of $1,052,431. Page 1 City of Clearwater Printed on 9/14/2021 File Number: ID#21-9673 APPROPRIATION CODE AND AMOUNT: 5907590-545100 $1,300,000 Page 2 City of Clearwater Printed on 9/14/2021 Effective Excess and Specialty Insurance Renewals: FY2019‐20 FY2020‐21 FY2020‐21 FY2021‐22 % Increase/Decrease % Increase/DecreaseDate of Coverage October 1, 2021 thru October 1, 2022 Actual Paid Approved BudgetActual Paid Requestedfrom FY 20‐21 Budget from FY 20‐21 Actual1‐OctExcess Package Policy including General Liability/ Auto/Employee Benefits/Employer Liability/ Public Officials/ Personal Injury Law Enforcement/Marine Operator's Liability/EMS Liability/CNG Liability ($500 SIR)289,875.00 291,463.00 291,463.00 338,281.00 16.06% 16.06%1‐Oct Excess Workers' Compensation ($600K SIR) 334,788.00 375,341.25 375,341.00 418,971.00 11.62% 11.62% Total Excess Policies624,663.00 666,804.25 666,804.00 757,252.00 13.56% 13.56%13‐Nov Unmanned Aircraft (Drone) Liability 1,755.00 2,018.25 3,005.00 3,455.75 71.23% 15.00%1‐May Cyber Liability 24,032.00 27,636.80 60,567.00 151,417.50 447.88% 150.00%20‐May Third Party Storage Tank Liability 13,860.00 15,939.00 14,034.00 16,139.10 1.26% 15.00%22‐May Hull and P&I 36,081.00 41,493.15 26,712.00 30,718.80 ‐25.97% 15.00%1‐Jun Fiduciary Liability (New in 2021)N/A 52,431.00 52,431.00 62,917.20 20.00% 20.00%8‐Nov Flood: 525 N Betty Lane (CCC Clubhouse & Canopy) 1,027.00 1,181.05 1,046.00 1,202.90 1.85% 15.00%9‐Nov Flood: 601 N Old Coachman Rd (Spectrum Field) 2,224.00 2,557.60 2,277.00 2,618.55 2.38% 15.00%10‐Nov Flood: 1190 Russell St (Phillip Jones Restroom) 10,349.00 11,901.35 16,426.00 18,889.90 58.72% 15.00%12‐Nov Flood: 25 Causeway Blvd (Marina) 16,304.00 18,749.60 20,318.00 23,365.70 24.62% 15.00%12‐Nov Flood: 69 Bay Esplanade (Recreation Ctr) 22,109.00 25,378.20 27,740.00 31,901.00 25.70% 15.00%12‐Nov Flood: 3141‐3157 Gulf to Bay Blvd (WPC‐East) 31,028.00 35,682.20 39,640.00 45,586.00 27.76% 15.00%5‐Feb Flood: 10 Pier 60 Drive (Pier 60 Concession Stand) 14,698.00 16,902.70 15,495.00 17,819.25 5.42% 15.00%13‐Feb Flood: 525 N Betty Lane (CCC Old Cart Storage) 2,907.00 3,343.05 3,034.00 3,489.10 4.37% 15.00%13‐Feb Flood: 525 N Betty Lane (CCC New Cart Storage) 868.00 998.20 883.00 1,015.45 1.73% 15.00%29‐MarFlood: 653 N Old Coachman Rd (Carpenter Field Training Bldg)1,535.00 1,765.25 1,567.00 1,802.05 2.08% 15.00%8‐AprFlood: 651 N Old Coachman Rd (Carpenter Field Clubhouse)1,350.00 1,552.50 1,350.00 1,552.50 0.00% 15.00%17‐Apr Flood: 332 S. Gulfview Blvd (Maintenance Bldg) 5,457.00 6,275.55 5,840.00 6,716.00 7.02% 15.00%21‐Apr Flood: 332 S. Gulfview Blvd (Barefoot Beach House) 24,687.00 28,390.05 11,057.00 12,715.55 ‐55.21% 15.00%11‐Jun Flood: 180 Gulfview Blvd (Lifeguard Bldg) 21,059.00 24,217.85 20,660.00 23,759.00 ‐1.89% 15.00%12‐Jun Flood: 534 Mandalay Ave (Fire Station #46) 32,483.00 37,355.45 40,569.00 46,654.35 24.89% 15.00%12‐Jun Flood: 700 Bayway Blvd (Police Station) 2,727.00 3,136.05 2,745.00 3,156.75 0.66% 15.00%3‐Aug Flood: 1001 Gulf Blvd (Community Sailing Center) 1,659.00 1,907.85 1,676.00 1,927.40 1.02% 15.00%29‐Sep Flood: 1605 Harbor Dr (Pollution Control Bldg) 1,522.00 1,750.30 1,522.00 1,750.30 0.00% 15.00% Total All Policies894,384.00 1,029,367.25 1,037,398.00 1,267,822.10 Contingency23,063.75 32,177.90 Total All Policies and Contingency894,384.00 1,052,431.00 1,037,398.00 1,300,000.00 23.52% 25.31%Note:Lessees reimburse the City for the cost of flood insurance premiums at the following properties:Clearwater Country Club ‐ 525 N Betty LaneBarefoot Beach House ‐ 332 S Gulfview BlvdExcess Insurance Renewal for 2021‐22Broker: Arthur J. Gallagher Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9674 Agenda Date: 9/16/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve an extension of the Claims Service Contract with Sedgwick Claims Management Services, Inc. of Nashville, TN, in the not-to-exceed amount of $300,000 for a three-year term, pursuant to City Code of Ordinances Section 2.563, (1)(i), Insurance, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Risk Management Division of the Finance Department is seeking a renewal and extension for three years of the current contract with Sedgwick Claims Management Services, Inc . (October 2021 through September 2024) to provide supplementary claims services. These services for adjustment and administration of city liability and property claims will be beneficial to have in place if excessive claims are received due to a disaster or a storm, or other extenuating circumstances. This renewal contract has no changes in terms and/or pricing. Risk Management has retained Sedgwick Claims Management Services, Inc. in the past to fill in for staff shortages and they have provided professional and excellent claims services. This contract will provide Risk Management and the City greater effectiveness and flexibility in the investigative and fiscal management of our Liability and Property claims. APPROPRIATION CODE AND AMOUNT: Account # 5909830-530300 $300,000 Page 1 City of Clearwater Printed on 9/14/2021 1 C/24047 ADDENDUM TO MODIFY THE AGREEMENT This Addendum to Modify the Agreement (“Addendum”) effective October 1, 2021 (“Addendum Effective Date”) shall be attached to and made a part of the Claims Service Contract that was effective October 1, 2020 term between City of Clearwater, FL (“Client”) and Sedgwick Claims Management Services, Inc. (“Contractor”) (the “Agreement”). In consideration of the Agreement recitals and the mutual covenant and conditions contained herein, the Parties acknowledge that the Agreement is hereby amended as follows: 1. This Agreement is extended through September 30, 2024 2. Section II.B shall be modified by deleting the last sentence and replacing it with: “Service Fees will not exceed $300,000 for this contract period.” 3. All terms and conditions of the Agreement shall otherwise remain the same, except those terms and conditions which have been added, deleted, or modified by the parties in writing. IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed by persons authorized to act in their respective names. Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ Frank Hibbard Micah Maxwell Mayor Interim City Manager Approved as to form: Attest: ___________________________ ________________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk (Contractor) Sedgwick Claims Management Services, Inc By:___________________________________ Michael V. Shook Senior Vice President Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9684 Agenda Date: 9/16/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve a two-year extension of Master Banking Services Agreement with Wells Fargo Bank, N.A. for the period October 1, 2021 through September 30, 2023, for a not-to-exceed total of $240,000, for banking and custodial safekeeping services, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City originally entered into a banking services agreement with Wells Fargo effective October 1, 2016, for a three-year term, with the option for two two-year renewals. Staff is requesting approval of the 2nd and final two-year extension. The requested renewal reflects the following two changes in terms, which are both changes to the earnings rates the bank pays the City on the account balances. All other terms of the original agreement remain unchanged. First, Wells Fargo is lowering the Earnings Credit Rate (ECR) from the current “floor” rate of 40 basis points to a current rate of 25 basis points with no floor. The ECR is the rate paid on balances sufficient to offset current month bank fees. The other requested change is a lowering of the rate paid on balances in excess of the above ECR balance from the current rate of 20 basis points, with a floor of 15 basis points, to a current rate of 17 basis points with no floor. With regards to the absence of a floor on these rates, the agreement extension states “In its sole and absolute discretion, Bank may adjust these rates after evaluating a combination of factors, including the 91-Day Treasury Bill rate, the Fed Funds rate, sweep rates, and other market indicators.” Per Wells Fargo, due to drastic volatility in the T-bill and Fed Funds rates, they are unable to offer a floor, or minimum rate, on deposits currently. The bank states they need to retain flexibility to adjust rates per market conditions and the cost of collateral for public funds . However, Wells Fargo assures us that “as rates normalize in the future the bank will make equitable adjustments to rates for their depositors”. Staff feels that these changes in earnings rates are reasonable given the current interest -rate environment, and the indicated rates (25 basis points and 17 basis points) provide a competitive return at the current time. APPROPRIATION CODE AND AMOUNT: Funds are available in 8019821-530100, Professional Services, to fund this contract . Page 1 City of Clearwater Printed on 9/14/2021 MASTER BANKING SERVICES AGREEMENT aThisMasterServicesAgreement (this "Agreement ") is entered into as of the f&D day of L , 2016 by and between Wells Fargo Bank, N.A. ( "Bank "), and the City of Clearwater Customer"). Recitals WHEREAS, the Customer requested proposals pursuant to its Request for Proposal Number 22 -16 issued March 8, 2016 ( "RFP "); and WHEREAS, Bank submitted a proposal dated April 20, 2016, including all agreements, service descriptions, and other documents included therewith and appended thereto Proposal ") in response to the RFP: and WHEREAS, Customer has requested that Bank provide certain banking and treasury management services (collectively, the "Services ") to Customer; and WHEREAS, Bank has agreed to provide the Services to Customer, and Customer has agreed to accept the Services, upon the terms and conditions set forth in this Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which, each of Bank and the Customer expressly acknowledge, each of Bank and Customer hereby agree as follows: Agreement 1. Service Documentation. Bank shall provide, and Customer shall accept, the Services pursuant to the terms and conditions of the "Service Documentation ", which are expressly incorporated herein by reference, and any amendments, which include: 1.1 This Agreement; 1.2 Bank's Response to Request for Proposal #22 -16, dated April 20, 2016 Proposal "); 1.3 The Customer's Request for Proposal #22 -16, dated March 8, 2016 (the RFP "), which includes: 1.3.1 Customer's Terms and Conditions 1.4 The Service Description for each Service (each, a "Service Description "); 1.5 The account agreement for the deposit accounts that Customer maintains at Bank (the "Deposit Agreement "); and 1.6 User guides, which may include software, software licenses, price schedules, specifications, instructions and notices. If there is a conflict among the documents that make up the Service Documentation, the documents will govern in the order set forth above. The Deposit Agreement and the Service Descriptions in effect as of the date of this Agreement are included under Tab G of the Bank's Proposal in response to the RFP dated April 20, 2016. GM 16- 9821 - 032/187607/2] 1 For GIB Use Only - Std - 2.14.2011) The Service Documentation constitute the entire agreement between Bank and Customer and supersedes all prior representations, conditions, warranties, understandings, proposals or agreements regarding a Service. No course of dealing or waiver of any right on one occasion will constitute a modification of the above referenced documents or be a waiver of that right on a subsequent occasion. 2. Services; Additional Services. Bank and Customer will agree upon the Service(s) to be provided. If Customer requests and Bank agrees to provide additional services after the date of this Agreement, which are governed by additional service descriptions, pricing or other documents, the terms and conditions thereof shall be deemed to be incorporated herein by reference without the need to either amend this Agreement or to add such service descriptions, pricing or other documents as attachments to this Agreement. 3. Changes to Services or Service Documentation. Bank may change the Service Description or Services offered at any time upon prior written notification. If Customer discontinues using the affected Service before the change becomes effective, it will not be bound by the change. If Customer continues to use a Service after the change becomes effective, it will be bound by the change. 4. Term and Termination. Term. The initial term of the Agreement is three (3) years, commencing on October 1, 2016 and shall continue in full force and effect until September 30, 2019, unless otherwise terminated in accordance with the provisions of this Agreement. The City shall be provided with two (2), two (2) year extension options. Said contract extensions will be subject to pricing negotiation mutually agreeable to both parties. Bank shall provide written notice of any request for fee increases no later than 60 days prior to the term expiration date. Extension prices shall be firm for the extension term. Termination. Unless terminated sooner in accordance with the Service Documentation, this Agreement and all Services will continue in effect until terminated by either party, with or without cause, upon thirty (30) days prior written notice to the other party unless a Service is terminated sooner in accordance with the Service Documentation). Bank may terminate any Service (a) following notice to Customer of a breach of any provision of the Service Documentation and Customer's failure to cure the breach within fifteen (15) days of the date of such notice, or (b) without notice to Customer if (i) Customer is subject to a petition under the U. S. Bankruptcy Code or (ii) Bank determines in its sole discretion that a material adverse change has occurred in Customer's ability to perform its obligations under the Service Documentation. The termination of a Service will not affect Customer's or Bank's rights with respect to transactions occurring before termination. Bank will not be liable to Customer for any losses or damages Customer may incur as a result of any termination of any Service. Rights and Remedies. Either party may pursue such rights and remedies at law or in equity as may be available to it as limited or defined in this Agreement. 5. Compensation. The City will pay Bank a sum not to exceed $125,000 annually, Compensation ") for the Services as set forth in the Proposal dated April 20, 2016, Section D, Appendix A and B and attachments thereto. The Compensation shall constitute full compensation for all Services that are actually performed pursuant to this Agreement. Fees for G M16-9821-032/187607/2] 2 For GIB Use Only - Std - 2.14.2011) the Services will be in accordance with the fee structure outlined in the Proposal. If, during any Customer fiscal year (October 1— September 30), either party notifies the other party that the Customer's expenditures are likely to exceed the not -to- exceed Compensation, the parties will seek to conform usage to the not -to- exceed Compensation through mutual agreement, amendment, and the Customer may seek additional funding, as necessary, at its discretion. If the parties are unable to make adequate adjustments to avoid potential exhaustion of the not - to- exceed Compensation, either party may terminate this agreement immediately upon written notice as provided for herein. Bank shall submit monthly invoices for any fees not covered by earnings credits, which Customer will promptly pay in accordance with Section 218.70 et. seq., Florida Statutes, "The Local Government Prompt Payment Act ". Customer reserves the right to dispute any payments invoiced by Bank in accordance with Section 218.76, Florida Statutes and Customer's Dispute Resolution Process. It is understood that Customer is a tax exempt entity and shall only be responsible for the payment of applicable taxes, if any, if and when it loses tax exempt status. Compensation due to Bank under this Agreement is subject to the appropriation of such Compensation in each fiscal year of this Agreement, by Customer's governing board. If funds are not appropriated by Customer's governing board, Customer shall not be obligated to pay Compensation due under this Agreement beyond those funds which have been properly appropriated. 6. Confidential Information; Access to Records. Unless otherwise provided in the Service Documentation, all User Guides and software provided to Customer constitute Bank's or its vendor's confidential information ( "Confidential Information "), and Customer will not acquire any ownership interest in or rights to Confidential Information as a result of Customer's use of any Service. Subject to federal law and the laws of the State of Florida related to public records disclosure, Customer will (a) maintain the confidentiality of the Confidential Information; (b) not disclose (or permit its employees or agents to disclose), copy, transfer, sublicense or otherwise make any of it available to any person or entity, other than Customer's employees who have a need to use the Confidential Information in connection with the applicable Service; and (c) not decompile, reverse engineer, disassemble, modify, or create derivative works of any Confidential Information. Customer will notify Bank immediately if it knows or suspects that there has been any unauthorized disclosure, possession, use or knowledge (each, an "Unauthorized Use ") of any Confidential Information. If Customer (or its employees or agents) is responsible for the Unauthorized Use, Customer will, at its expense, if directed by Bank in lieu of Bank taking such action itself, promptly take all actions, including without limitation initiating court proceedings to recover possession and prevent further Unauthorized Use of the Confidential Information and obtain redress for any injury caused to Bank as a result of such Unauthorized Use. Bank acknowledges that the Customer is subject to public records law, including but not limited to Chapter 119, Florida Statutes, and that any of the Customer's obligations under this Section may be superseded by its obligations under and requirements of said laws. Bank will hold Customer Confidential Information in trust and confidence and shall not disclose to any third party, except for disclosures to Bank representatives in connection with performing the Services or in the performance of this Agreement; as required by law; to federal and state bank examiners, and other regulatory officials having jurisdiction over Bank; or as approved by Customer authorized representatives. Public Records. Bank acknowledges that information and data it manages as part of the Services may be public records in accordance with Chapter 119, Florida Statutes and Customer public records policies. Bank agrees that prior to providing Services it will implement policies GM 16- 9821 - 032/187607/2] 3 For GIB Use Only - Std - 2.14.2011) and procedures to maintain, produce, secure, and retain public records in accordance with applicable laws, and regulations. Notwithstanding any other provision of this Agreement, the Bank agrees to charge the Customer requesting public records only such fees as are permitted under Chapter 119, Florida Statutes for locating and producing public records related to this Agreement. Inspection of Records; Audit. Bank shall retain all records relating to this Agreement for a period of at least seven (7) years following the date of their creation. All records shall be kept in such a way as will permit their inspection pursuant to Chapter 119, Florida Statutes. In addition, Customer reserves the right to audit contract and pricing records related to this Agreement. None of the foregoing shall provide a right for the Customer to conduct physical audits of Bank's facilities or to access Bank's systems, networks or equipment. 7. Representations and Warranties. 7.1 Mutual Representations and Warranties. Each of the parties hereto represents and warrants to the other party that: (i) such party is duly organized and in good standing in all appropriate jurisdictions; (ii) each party is fully authorized to execute and perform under this Agreement and the execution of and performance under this Agreement does not violate any law, regulation, contract or organizational document by which such party is bound; and (iii) the individual(s) executing this Agreement on behalf of such party has full corporate and /or organizational authority to do so; 7.2 Customer warrants it will not use any Service in a manner which violates any federal or state law including without limitation any sanction or control administered by the Office of Foreign Assets Control or Bureau of Export Administration. 7.3 If Customer employs an agent in connection with its use of any Service, Customer represents and warrants to Bank that (a) Customer's governing body has duly authorized the agent and (b) Customer will exercise appropriate controls to ensure each agent so authorized does not exceed the authority so granted to it. Any communication to Bank regarding Customer's use of a Service from Customer's agent will be deemed to be a communication from Customer, and Customer authorizes Bank to communicate with Customer's agent regarding any such communication or Service. 7.4 Neither Bank nor any software vendor makes any express or implied representations or warranties with respect to the Services or any software used in connection with the Services including without limitation any warranty as to the merchantability or fitness for a particular purpose, other than those expressly set forth in the Service Documentation. 7.5 Independent Bank Status and Compliance with the Immigration and Control Act. Bank shall remain an independent contrator and is neither agent, employee, partner, nor joint venturer of Customer. Bank acknowledges that it is responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 located at 8 U.S.C. 1324, et. seq., and regulations relating thereto, as either may be amended from time to time. Failure to comply with the above provisions shall be considered a material breach of the Agreement. 8. Liability and Indemnification; Insurance. G M 16- 9821 - 032/187607/2] 4 For GIB Use Only - Std - 2.14.2011) 8.1 Bank will perform each Service in accordance with reasonable commercial standards applicable to Bank's business; laws, regulations and operating circulars governing the activities of Bank; applicable funds transfer system(s) and clearinghouse rules; and the Service Documentation. 8.2. Bank is under no obligation to honor, in whole or in part, any entry, file, batch release, transfer instruction, payment order, transaction or instruction that (a) exceeds the available balance in Customer's account, unless otherwise provided in the Service Documentation; b) is not in accordance with the Service Documentation or Bank's applicable policies, procedures or practices as made available to Customer; c) Bank has reason to believe may not have been duly authorized, should not be honored for its or Customer's protection, or involves funds subject to a hold, dispute, restriction or legal process; or d) would possibly result in Bank violating any applicable rule or regulation of any federal or state regulatory authority including without limitation any Federal Reserve guidelines such as the limitations on Bank's intra -day net funds position. 8.3 All uses of Services through Customer's ID codes, passwords, token cards, PINs, or passcodes (each, a "Code ") will be deemed to be authorized by and binding on Customer. Customer's failure to protect Codes may allow an unauthorized party to (a) use the Services, (b) access Customer's electronic communications and financial data, and (c) send or receive information and communications to Bank. Customer assumes the entire risk of unauthorized use of Codes and unencrypted electronic transmissions. 8.4 Customer will promptly furnish written proof of loss to Bank and notify Bank if it becomes aware of any third party claim related to a Service. Customer will cooperate fully (and at its own expense) with Bank in recovering a loss. If Customer is reimbursed by or on behalf of Bank, Bank or its designee will be subrogated to all rights of Customer. 8.5 Bank will have no liability for failure to perform or delay in performing a Service if the failure or delay is due to circumstances beyond Bank's reasonable control. If Bank determines that any funds transfer or communications network, Internet service provider, or other system(s) it has selected to provide a Service is unavailable, inaccessible or otherwise unsuitable for use by Bank or Customer, Bank may, upon notice to Customer, suspend or discontinue the affected Service. 8.6 Except in the case of Bank's negligence or intentional misconduct, Customer will reimburse and hold Bank, its directors, officers, employees and agents harmless from all losses or damages that arise out of: (a) an act or omission of any agent, courier or authorized representative of Customer; and (b) if the Service includes a license or sublicense of any software to Customer, the use or distribution of the software by Customer or any person gaining access to the software through Customer that is inconsistent with the license or sublicense. Bank agrees to indemnify, pay the cost of defense, including attorney's fees, and hold harmless the Customer, its officers, employees and agents from all damages, suits, actions or claims of any character brought on account of any injuries or damages received or sustained by any persons or property, or in any way relating to or arising from the breach of this Agreement, negligence or willful misconduct of the Bank, except to the extent any such suit, action, claim, injury or damages shall have been occasioned by the breach of this Agreement, negligence or willful misconduct of Customer. GM16- 9821 - 032/187607/2) 5 For GIB Use Only - Std - 2.14.2011) Nothing stated in this Agreement shall be construed to be (i) a waiver of Customer's sovereign immunity, as set out in Section 768, Florida Statutes, or (ii) an acknowledgement or agreement by Bank that any claim or cause of action is subject to a sovereign immunity defense. 8.7 Bank will only be liable to Customer for Customer's direct monetary losses due to Bank's negligence or intentional misconduct. Except as expressly provided otherwise in the Service Documentation, neither party to this Agreement will be liable to the other party for any special, consequential, incidental (including without limitation court costs and attorneys' fees), indirect, or punitive losses or damages, whether any claim is based on contract or tort, or whether the likelihood of such losses or damages was known to the other party and regardless of the form of the claim or action. 8.8 Insurance. Bank shall comply with the insurance requirements set forth in Exhibit "A ". attached hereto and incorporated herein. 9. Miscellaneous. 9.1 The Service Documentation will be governed by substantive federal laws, regulations and rules and, to the extent such laws, regulations and rules are not applicable, those of the State of Florida, without regard to conflicts of laws principles. Any portion of the Service Documentation which is inconsistent with applicable laws, regulations or rules will be deemed modified and applied in a manner consistent therewith, and Bank will incur no liability to Customer as a result of the inconsistency or modification and application. If any portion of the Service Documentation is deemed unenforceable, it will not affect the enforceability of the remaining Service Documentation. 9.2 Either party may provide notice to the other party by mail, personal delivery, or electronic transmission. Bank will use the most recent address for Customer in Bank's records, and any notice from Bank will be effective when sent. Customer will use the address where Customer's relationship manager or other manager is located and address any notice to the attention of such manager. Any notice from Customer will be effective when actually received by Bank. Bank will be entitled to rely on any notice from Customer that it believes in good faith was authorized by an authorized representative of Customer and, except as expressly stated in the Service Documentation, will have no obligation to verify the signature including an electronic signature). Each party will have a reasonable time after receipt of any notice to act on it. 9.3 The Services rely upon a robust network of Bank assets, employees and third -party resources located in the United States and around the world to provide service to Bank's customers. Bank reserves the right to perform services using this model and to add and delete service providers at Bank's discretion. Bank has rigorous vendor engagement policies and procedures. Bank takes responsibility for the actions of the providers with whom it enters into contracts to provide services to Bank's customers. 9.5 This Agreement may be executed in any number of counterparts, which when taken together shall constitute one complete original of this Agreement. This Agreement may be executed and delivered via facsimile or any electronic means, such as email. GM 16- 9821 - 032/187607/2] For GIB Use Only - Std - 2.14.2011) 9.6 Time is of the essence with respect to all provisions of the Service Documentation that specify a time for performance; provided, however, that the foregoing shall not be construed to limit a party's grace period allowed in the Service Documentation. 9.7 Compliance with Laws. Each party shall comply with all applicable federal, state, county and local laws, ordinances, rules and regulations in the performance of this Agreement. 9.8 Public Entities Crimes. Bank is directed to the Florida Public Entities Crime Act, §287.133, Florida Statutes, and represents to Customer that Bank is qualified to transact business with public entities in Florida. 9.9 Severability. The terms and conditions of this Agreement shall be deemed to be severable. Consequently, if any clause, term, or condition hereof shall be held to be illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and notwithstanding such determination, this agreement shall continue in full force and effect unless the particular clause, term, or condition held to be illegal or void renders the balance of the agreement impossible to perform. 9.10 Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Florida. The parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the state or federal courts located in Pinellas County, Florida. 9.11 Waiver. No waiver by either party of any breach or violation of any covenant, term, condition, or provision of this Agreement or of the provisions of any ordinance or law, shall be construed to waive any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of same. 9.12 Entire Agreement. This Agreement (including the Service Documentation incorporated) constitutes the entire Agreement between the parties and supersedes all prior negotiations, representations or agreements either oral or written. Each of the parties hereto agrees to be bound by the terms and conditions of this Agreement and each of the Attachments, as of the above written date. WELLS C LS ` 0 BANK, N.A. By: i /L-6e'C- Y Name: V id-or a— C Le'}'- GM 16- 9821 - 032/187607/21 7 For GIB Use Only - Std - 2.14.2011) Title: S L V - ?i%z°5 `Ltm-f- If approved by Council) CITY OF CLEARWATER, FLORIDA Countersigned: George N. Cretekos Mayor By: William B. Horne II City Manager AMppr9ved as to form: Attest: 0YIZAAtAAati Laura Mahony Assisstant City Attorney Attest: Print Name: Secretary Rosemarie Call City Clerk Wells Fargo Bank, N.A. By: Print Name: ! C-4-orI (,c- 1'j I I cu iu-r- Title: Sr V; -Wes l CLevt f GM 16- 9821 - 032/187607/2] 8 For GIB Use Only - Std - 2.14.2011) Exhibit A Insurance Requirements The Contractor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A -VII or better. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims -made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance including but not limited to, premises operations, products /completed operations, products liability, contractual liability, independent contractors, personal injury and advertising injury and $1,000,000 per occurrence and 2,000,000 general aggregate and $2,000,000 products /completed operation aggregate. b. Commercial Automobile Liability Insurance for any owned, non - owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 combined single limit. c. Statutory Workers' Compensation Insurance in accordance with the laws of the State of Florida, and Employer's Liability Insurance in the minimum amount of $100,000 each employee each accident, $100,000 each employee by disease and $500,000 aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation and U.S. Longshoremen's and Harbor Worker's Act coverage where applicable. Coverage must be applicable to employees, and contractors, if any. d. Professional Liability /Malpractice /Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that nay new policy provide a retroactive date no later than the inception date of claims made coverage. b. Cyber Liability coverage in an amount not Tess than $2,000,000 per occurrence and 4,000,000 in the aggregate; such coverage shall meet or exceed the requirements for notification and monitoring under Florida Statute 501.171. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. To the extent that a subcontractor is engaged, Contractor will require subcontractor to provide evidence of insurance that meets or exceeds the insurance requirements outlined herein. Other Insurance Provisions: a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy's renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an "Additional Insured" on the Commercial General Liability Insurance policy. Exhibit A In addition, in the event of a claim involving the City, a copy of the policy /policies will be made available by the Contractor for viewing in a secure, controlled environment, mutually agreed upon by the City and Contractor. Policy copies shall not be released unless required to do so under subpoena. b. Contractor agrees that no policy shall expire, be canceled, non - renewed, terminated, reduced or materially changed to affect the coverage available without thirty (30) days advance written notice to the City if it results in non - compliance with the insurance requirements contained herein. c. Contractor's insurance as outlined above shall be primary and non - contributory coverage for Contractor's negligence. d. The General Liability and Automobile Liability policies required by this agreement (or contract) shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, representatives, directors, elected officials, officers, employees, and volunteers for any claims arising out of the work of the Contractor. e. Contractor shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly including legal fees, court costs, or other legal expenses. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor's obligation to provide the insurance coverage specified. AMENDMENT AND SECOND EXTENSION OF MASTER BANKING SERVICES AGREEMENT THIS AMENDMENT AND SECOND EXTENSION OF MASTER BANKING SERVICES AGREEMENT is made and entered into this _____ day of August, 2021, by and between the City of Clearwater, Florida, hereinafter referred to as the “City”, and Wells Fargo Bank, N.A., a national banking association, hereinafter referred to as “Bank.” WITNESSETH: WHEREAS, in connection with the City’s Request for Proposal #22-16, dated March 8, 2016 and Bank’s Response to Request for Proposal #22-16 dated April 20, 2016 in response thereto, the City and Bank entered into a Master Banking Services Agreement as of July 28, 2016 (the “Banking Services Contract”); WHEREAS, the Banking Services Contract had an initial term of three (3) years which expired September 30, 2019; WHEREAS, the Banking Services Contract provides that the City will have the option to renew and extend the Banking Services Contract for up to two (2) additional two (2) year terms; WHEREAS, on or about September 30, 2019 the City and Bank entered into the first of two renewal options which extended the term of the Banking Services Contract such that it is currently set to terminate on September 30, 2021 (“First Extension”); WHEREAS, the City and Bank now wish to enter into the second and final extension option such that the term of the Banking Services Contract will end on September 30, 2023 (“Second Extension”); and WHEREAS, the City and the Bank agree to such Second Extension subject to the terms hereof. NOW, THEREFORE, the Banking Services Contract hereby is amended and extended to reflect the following terms and conditions, and unless otherwise specifically addressed herein, all other terms and conditions of the Banking Services Contract (including those contained in the First Extension) shall remain in full force and effect: 1. The City and Bank mutually agree to renew and extend the term of the Banking Services Contract such that the term of the Banking Services Contract shall now expire on September 30, 2023. 2. Notwithstanding anything to the contrary in the Agreement, during the term of the Second Extension, the City will receive a managed Earnings Credit Rate (“ECR”) of 0.25% and a managed Interest Rate (“IR”) on excess balances not required to offset fees of 0.17%. The ECR and the IR will not have a floor. In its sole and absolute discretion, Bank may adjust these rates after evaluating a combination of factors, including the 91-Day Treasury Bill rate, the Fed Funds rate, sweep rates, and other market indicators. 3. Bank agrees that the fees for the Services in effect immediately prior to the Second Extension will continue unchanged during the term of the Second Extension. 4. Capitalized terms used herein and not defined shall be given the meanings ascribed thereto in the Banking Services Contract. IN WITNESS WHEREOF, the City and Bank have caused this Second Extension to be executed by their duly authorized officers effective as of the date first above written. City of Clearwater, Florida Wells Fargo Bank, N.A. By: By: Name: Name: Linda A. Hallowell Title: Title: Senior Vice President Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9625 Agenda Date: 9/16/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve a one-year renewal term for the professional services agreement between the City of Clearwater and Evernorth Direct Health, LLC (formerly Cigna Onsite Health, LLC) to provide onsite health clinic services to employees, family members, and retirees who are covered by the City of Clearwater health insurance for a not to exceed amount of $1,721,400 and authorize the appropriate officials to execute same. (consent) SUMMARY: Evernorth Direct Health will continue to operate the Employee Health Center and provide onsite medical and prescription drug services to include primary care, health risk assessments, acute and urgent care, immunizations, examinations and screenings, pharmaceutical dispensing, disease management, and primary care management, pre-employment physical and COVID-19 testing and vaccinations. The Employee Health Center also provides Telemed visits both telephonically and virtually. The Employee Health Center also promotes wellness management by assisting patients gain incentive dollars through screenings and claims management. The one-year renewal term will begin on October 1, 2021 and end on September 30, 2022. APPROPRIATION CODE AND AMOUNT: $1,721,400 has been budgeted in the Employee Health Center budget (5909835) to fund fiscal year 2021-2022. Page 1 City of Clearwater Printed on 9/14/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9664 Agenda Date: 9/16/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Authorize the funding of city medical insurance for the Administrative Services Agreement between the City and Cigna Healthcare under a self-insured funding arrangement for the period January 1, 2022 through December 31, 2022, at a total not-to-exceed $22.5 million, to be funded by city budgeted funds, payroll deductions of employees, retiree premiums, and an estimated $1.7 million of Central Insurance Fund reserves. (consent) SUMMARY: Historically, the City’s health care costs have escalated due to increased inflation in health care costs (8% to 10% annually) which is reflected in the City’s claims experience. This resulted in increased costs annually for the City, the employees, family members, and retirees who participated in the city plan.  The City implemented a multi-faceted effort to control costs which included opening the Employee Health Center and adding enhanced wellness and educational offerings. As a result, the City has seen cost increases trending in the 2% to 4% range over the last few plans, which can be attributed to savings from the use of the Employee Health Center and the greater focus on wellness by the City and employees. These savings resulted in health plan design changes that lowered the office visit co-pays, hospital admission fee, and prescription drug co-pays in prior years. Additionally, these cost savings resulted in the accumulation of approximately $2.8 million in Central Insurance reserves as of 9/30/2020, directly attributable to the self-insured medical plan. Renewal projections for calendar 2022 indicate a 5.3% increase in costs is expected. This cost increase is related to increased costs around diabetes and cancer claims and treatments, as well as expenses that were a result of delayed care in 2020 during the beginning of the Covid-19 pandemic. Due to the accumulated plan savings from prior years, the City’s Benefits Committee is recommending the use of reserves to decrease the required employee and employer contributions to a 2.6% increase over calendar 2021. City contributions for dependent coverage remain at 75% of Employee+1 coverage and 68% of Employee+Family coverage. The recommended use of reserves is estimated at $1.7 million, which would decrease the 9/30/2020 balance of accumulated plan savings from $2.8 million to $1.1 million. Included in the premiums for the 2022 plan year is the continuation of the Motivate Me incentive through CIGNA. Under this program employees can receive incentives (up to $200 per year) when participating in various preventative healthcare activities such as general health screenings at the Employee Health Center, and more advanced screenings such as Page 1 City of Clearwater Printed on 9/14/2021 File Number: ID#21-9664 colonoscopies and mammograms, and chronic health condition coaching. These rewards are directly tied to cost drivers on the City’s medical plan and are an essential part of controlling increases over the long term. Also included in the medical plan for 2022 is a diabetes prevention program that is being implemented to prevent individuals from getting to a diabetic state. All incentive costs are included in the medical plan funding. To date 15% of employees have earned some incentive. Total payouts are approximately $29,000. The City’s fiscal 2022 budget for the employer share of health insurance costs is $20,056,136 which includes $18,334,736 across all operations for health plan costs and $1,721,400 budgeted for the Employee Health Center. APPROPRIATION CODE AND AMOUNT: Funds are available in cost codes 5907590-530300 (contractual services) and 5907590-545602 (major medical claims) to fund the City’s portion; payroll deductions, retiree premiums, and the use of an estimated $1.7 million in Central Insurance reserves will provide remaining funds necessary to fund this contract. Page 2 City of Clearwater Printed on 9/14/2021 1 HEALTH CARE 2022 2CITY OF CLEARWATER | Medical Plan Background $782 $861 $822 $878 $981 $0 $250 $500 $750 $1,000 $1,250 $1,500 2017 2018 2019 2020 2021 (YTD) Average Claims Per Employee Per Month SELF INSURED WITH CIGNA City pays administration fee to Cigna and pays medical and pharmacy claims as they occur COST TREND 5.8% average claims per employee per month increase the past 5 plan years NATIONAL AVERAGES Have exceeded 6% per year, with Florida 2% - 3% higher 3CITY OF CLEARWATER | Self-Funded Renewal •0% increase of the 2021 plan year •Renewal projection calls for a 5.3%increase •Recommending a 2.6% increase, with additional funds coming from prior year reserve accumulation (if required) •City pays 100% of Single, 75% EE+1, and 68% Family 4CITY OF CLEARWATER | Self-Funded Renewal •2022 Calendar Year Budget: $22.5 million •Includes employee and retiree contributions of $3.3 million 5CITY OF CLEARWATER | Current Cost Drivers Cancer and heart disease are the top catastrophic cost drivers. Diabetes is the highest chronic cost driver Diabetes has the highest overall pharmaceutical spend 44% of members have an identified chronic health condition Covid claims (2020) accounted for $561k of costs 6CITY OF CLEARWATER | Motivate Me Motivate Me is a Cigna program that incentivizes healthy medical and lifestyle choices Program includes wellness screenings, preventative care visits, and health coaching targeting cost drivers on the medical plan Available to all employees covered under the medical plan Program is offered and administered by Cigna, and included in plan funding Employees can earn up to $200/year 7CITY OF CLEARWATER | Motivate Me Summary Average incentive of $142 per participant in 2020 2021 Winner of Cigna Well-Being Award 44% of eligible participants earned incentives in 2020 800 Wellness Screenings 1,050 Preventative Screenings 8CITY OF CLEARWATER | New Offerings Food Smart – food shopping and choice program (2021) Omada – Diabetes prevention program that includes health coaching and digital scale (2022) 9CITY OF CLEARWATER | Employee Health Center 10CITY OF CLEARWATER | Employee Health Center 70% of employees engaged with clinic in 2021. *Based on 159 surveys in 2021. 100% Satisfaction Rate* 70% Employee Penetration 60% Target $1.5 : $1 Average Return on Investment Return on Investment 11CITY OF CLEARWATER | Renewal Recommendations •Renew current medical plan •Continue “Open Access Plus” network •Maintain current plan design (copays/deductibles/coinsurance) •Continue Motivate Me wellness incentive to encourage preventative screenings & EHC HEALTH CARE 2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9723 Agenda Date: 9/16/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve the amendment to the collective bargaining agreement as negotiated between the City of Clearwater and Communications Workers of America, Local 3179 (CWA) for Fiscal year 2021/2022 and authorize the appropriate officials to execute same. (consent) SUMMARY: The current collective bargaining agreement between the City of Clearwater and Communication Workers of America expires on September 30, 2023. The parties have reached a tentative agreement for an amendment to this contract, effective October 1, 2021, which was ratified by their membership on September 2, 2021. The amendment is to implement the proposal regarding implementing the state’s new minimum wage requirements of $15 per hour effective early, on October 1st. This item was presented and approved by Council at the May 25, 2021 strategic planning session. The update includes updates to the job classifications, job descriptions, adjustments to the pay range tables and provides for a one-time compression adjustment for employees making less than $20 per hour. Any employee who is below the minimum rate of pay in the new pay plan will be increased to the minimum prior to the application of longevity and merit increases. Increases to the minimum and merit increase will not exceed a total of 3% for Fiscal Year 2022, unless required in order to bring the employee to minimum. The amendment also includes adding the Juneteenth holiday to the contract, as previously approved by Council on August 5, 2021. APPROPRIATION CODE AND AMOUNT: The total estimated costs of implementation of the minimum wage proposal were included in the proposed fiscal year 2021/2022 budget. USE OF RESERVE FUNDS: NA Page 1 City of Clearwater Printed on 9/14/2021 1 ADDENDUM Implement proposal provided to City Council on May 25, 2021, that updates the job classifications, job descriptions, pay range tables, and one-time compression adjustment to meet the state’s new minimum wage requirements. Summary is as follows: • Lowest hourly rate will be $15.00 per hour. • Update CWA pay plan to reflect minimum rates. • Change pay plan ranges directly affected by new minimums (Grades 1-12). • Reassign grades to reduce compression for employees at or near the minimum wage and maintain spacing based on job responsibility and difficulty. o Sr. Library Assistant from Grade 6 to 7 o Parking Citation Assistant from Grade 6 to 7 o Parking Enforcement Specialist from Grade 8 to 9 o Police Property Clerk from Grade 6 to 7 o Recreation Coordinator from Grade 9 to 10 o Aquatics Coordinator from Grade 9 to 10 • Compression adjustments for employees between $15.00 to $20.00 per hour. Effective on September 25, 2021, and prior to the pay adjustments in Article 9, Section 1(A), the following shall occur: Appendix B – C.W.A. Pay Range Tables shall be amended with the following: Appendix B.1, which is incorporated by reference and attached hereto. 2 Effective following the approval and execution of this Addendum by the City Council, Article 8, Section 1(A) shall be amended as follows: ARTICLE 8 LEAVES OF ABSENCES Section 1. Holidays A. Designated Holidays The following days shall be observed as designated holidays for regular full-time and part-time employees. New Year's Day Labor Day Martin Luther King Day Veterans' Day Presidents' Day Thanksgiving Day Memorial Day Day after Thanksgiving Juneteenth Christmas Day Independence Day ***** 3 IN WITNESS WHEREOF, the parties hereto have made and executed this Addendum on this ____ day of ______________, 2021. COMMUNICATIONS WORKERS OF AMERICA, LOCAL 3179 Ronald Rice, President, Local 3179 Countersigned: CITY OF CLEARWATER Frank V. Hibbard, Mayor Micah Maxwell, Interim City Manager Approved as to form: Attest: Pamela K. Akin, City Attorney Rosemarie Call, City Clerk Appendix B.1 C.W.A. Pay Range Tables 2080 Annual Hours Salary Range FY 21/22 Annual Min FY 21/22 Annual Max FY 22/23 Annual Min FY 22/23 Annual Max 1 $ 31,200.00 $ 34,624.51 $ 31,824.00 $ 35,317.00 2 $ 31,668.00 $ 36,355.74 $ 32,301.36 $ 37,082.85 3 $ 32,143.02 $ 38,173.52 $ 32,785.88 $ 38,936.99 4 $ 32,625.17 $ 40,082.37 $ 33,277.67 $ 40,884.02 5 $ 33,114.54 $ 42,086.44 $ 33,776.83 $ 42,928.17 6 $ 33,611.26 $ 44,190.57 $ 34,283.49 $ 45,074.38 7 $ 34,115.43 $ 46,400.31 $ 34,797.74 $ 47,328.31 8 $ 34,627.16 $ 48,720.15 $ 35,319.70 $ 49,694.55 9 $ 35,146.57 $ 51,156.33 $ 35,849.50 $ 52,179.46 10 $ 35,673.77 $ 53,714.04 $ 36,387.24 $ 54,788.33 11 $ 36,208.87 $ 56,399.52 $ 36,933.05 $ 57,527.51 12 $ 37,012.30 $ 59,219.69 $ 37,752.55 $ 60,404.08 13 $ 38,862.99 $ 62,180.78 $ 39,640.24 $ 63,424.39 14 $ 40,806.07 $ 65,289.71 $ 41,622.19 $ 66,595.51 15 $ 42,846.32 $ 68,554.11 $ 43,703.25 $ 69,925.19 16 $ 44,988.71 $ 71,981.94 $ 45,888.48 $ 73,421.58 17 $ 47,238.01 $ 75,580.81 $ 48,182.77 $ 77,092.42 18 $ 49,600.05 $ 79,360.07 $ 50,592.05 $ 80,947.28 19 $ 52,080.03 $ 83,328.04 $ 53,121.63 $ 84,994.60 20 $ 54,684.01 $ 87,494.41 $ 55,777.69 $ 89,244.30 Appendix B.1 C.W.A. Pay Range Tables 1950 Annual Hours Salary Range FY 21/22 Annual Min FY 21/22 Annual Max FY 22/23 Annual Min FY 22/23 Annual Max 1 $ 29,250.00 $ 32,460.48 $ 29,835.00 $ 33,109.69 2 $ 29,688.75 $ 34,083.50 $ 30,282.53 $ 34,765.17 3 $ 30,134.08 $ 35,787.68 $ 30,736.76 $ 36,503.43 4 $ 30,586.09 $ 37,577.23 $ 31,197.81 $ 38,328.77 5 $ 31,044.88 $ 39,456.04 $ 31,665.78 $ 40,245.16 6 $ 31,510.56 $ 41,428.66 $ 32,140.77 $ 42,257.23 7 $ 31,983.22 $ 43,500.29 $ 32,622.88 $ 44,370.30 8 $ 32,462.96 $ 45,675.14 $ 33,112.22 $ 46,588.64 9 $ 32,949.91 $ 47,959.06 $ 33,608.91 $ 48,918.24 10 $ 33,444.16 $ 50,356.92 $ 34,113.04 $ 51,364.05 11 $ 33,945.82 $ 52,874.55 $ 34,624.74 $ 53,932.04 12 $ 34,699.04 $ 55,518.46 $ 35,393.02 $ 56,628.83 13 $ 36,434.05 $ 58,294.48 $ 37,162.73 $ 59,460.37 14 $ 38,255.69 $ 61,209.10 $ 39,020.80 $ 62,433.29 15 $ 40,168.42 $ 64,269.48 $ 40,971.79 $ 65,554.87 16 $ 42,176.92 $ 67,483.07 $ 43,020.45 $ 68,832.73 17 $ 44,285.63 $ 70,857.01 $ 45,171.34 $ 72,274.15 18 $ 46,500.04 $ 74,400.07 $ 47,430.04 $ 75,888.07 19 $ 48,825.03 $ 78,120.04 $ 49,801.53 $ 79,682.44 20 $ 51,266.26 $ 82,026.01 $ 52,291.58 $ 83,666.53 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9670 Agenda Date: 9/16/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Approve a one-year Agreement with Juvenile Welfare Board (JWB) and the City of Clearwater for funding youth programs and approve a first quarter budget amendment of $394,095 in special program G2107, JWB Youth Programming and authorize the appropriate officials to execute same. (consent) SUMMARY: Since 2000, the City has received annual funding from the JWB Children’s Services Council to provide after school and summer programming for youth in Clearwater. Once again, the City has been awarded funding for youth programming for Fiscal Year 2021/2022 from JWB. The funding provides the “Charting a Course for Youth” program for 193 children at the North Greenwood and Ross Norton recreation facilities throughout the year. “Charting a Course for Youth” is a program designed to incorporate exercise and nutrition-based activities in an after school and summer camp setting, to improve academic success, encourage healthy lifestyle choices, improve social skills, increase athletic abilities, and develop leadership skills of the participants. The program serves school aged children at the Ross Norton and North Greenwood Recreation Complexes. In June 2015, the City Resource Committee approved the original grant application that covered 2015 and additional years. This year, JWB did not require a request for proposal, thus providing a continuation of program services. There is no requirement to continue the program when the grant ends. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will establish the new special program and provide an increase of $394,095 in other governmental revenue in G2107, JWB Youth Programming, to account for both revenues and expenditures for this agreement. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 9/14/2021 Page 1 of 30 AGREEMENT Between THE JUVENILE WELFARE BOARD And City of Clearwater Charting the Course for Youth I. PURPOSE The Juvenile Welfare Board of Pinellas County, hereinafter referred to as "JWB", and City of Clearwater, hereinafter referred to as "Provider", enter into this mutual Agreement, including all attachments referred to herein, for the period commencing October 1, 2021 and extending through September 30, 2022. This Agreement does not take effect and JWB has no responsibility for any of its obligations hereunder until this Agreement is executed by all parties to this Agreement. II. STAFF Provider agrees to employ staff, at its own expense, to execute services provided in accordance with this Agreement. Such individuals shall not be considered employees of JWB, and are subject to the supervision, personnel practices and policies of the Provider. Unless otherwise approved by JWB, all Provider staff shall meet qualifications as stated in the approved position profile on file at JWB and any approved revisions which are submitted for FY22 funding. III. SERVICES Provider offers after school and summer programs for elementary, middle and high school aged children in north Pinellas County at the Ross Norton and North Greenwood Recreation Complexes. The program incorporates enrichment activities that promote school success and healthy lifestyles, improve social skills, increase athletic abilities, and develop leadership skills. Lessons on positive character development, academics, and obesity prevention are incorporated into weekly activity planning. At North Greenwood, high school participants are exposed to career and college pathways and lessons on job readiness. Provider agrees to deliver services as stated in the currently approved program methodology on file at JWB and to accomplish performance measures stated in Attachment 5, as determined by JWB, according to service areas stated in Attachment 2, and pursuant to the General Conditions stated in Section VIII and Special Conditions listed in Attachment 1. A program methodology update, or certification that no updates are needed, is due for submission thirty (30) calendar days after the effective date of this Agreement (see Attachment 4 for an outline of all document submittals). The Provider shall cooperate with JWB on the process for approval of program methodology updates by no later than January 31, 2022. Any proposed changes in service delivery after January 31, 2022 must be approved in writing by JWB in advance of making those changes and program methodologies shall subsequently be updated within thirty (30) calendar days of that approval. Costs associated with any unapproved changes in service delivery may not be reimbursed. DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 2 of 30 IV. FUNDS The program budget for both JWB and other funds (if any) for accomplishing the above stated services must be approved in the JWB data system or other designated format before payment will commence. JWB agrees to reimburse up to $394,095 for services rendered pursuant to this Agreement. V. METHOD OF PAYMENT 1. JWB issues reimbursements in accordance with the schedule listed on Attachment 3 (or on the preceding working day in case of a holiday). The Provider shall submit a request for payment at a minimum of once a month. Reimbursements shall be made on pace throughout the fiscal year in order to allow for a consistent and orderly delivery of services. Reimbursement requests shall be submitted timely and only for amounts actually incurred that should properly be reimbursed per this Agreement within reasonably needed amounts based on the budget and other funding sources. Request for payment must be accompanied by the appropriate documentation as prescribed by JWB. 2. Requests for advance funds may be made, consistent with JWB policy. VI. TERMINATION 1. It is the intent of JWB to ensure a consistent and orderly delivery of services. It is the further intent of JWB to terminate Agreements in those situations where such action is essential to the protection of its interests and the interests of children and families served by JWB, as determined solely by JWB. 2. In the event funds to finance this Agreement become unavailable, JWB may terminate the Agreement upon no less than twenty-four (24) hours' notice in writing to the Provider. Said notice shall be delivered in person, or by email, regular mail or delivery service. 3. JWB shall endeavor, whenever possible and consistent with its legal obligations and principles of prudent management, to provide thirty (30) days' notice for termination due to lack of funds. JWB shall be the final authority as to the availability of funds and extension of notice beyond the minimum time herein stated. 4. In addition to the rights as set forth in paragraph VI. 2 above, this Agreement may be terminated by JWB for any reason whatsoever upon twenty-four (24) hours' written notice. Said notice shall be delivered in person, or by email, regular mail or delivery service. 5. Provider shall only be compensated for services performed prior to the termination date. Provider may only terminate this Agreement upon thirty (30) calendar days' written notice to JWB delivered in person, or by email, regular mail or delivery service. 6. The above provisions shall not limit JWB's right to remedies at law or to damages. VII. COMMENCEMENT OF PAYMENT Unless specifically authorized by JWB, payment shall not be made for services rendered prior to the effective date of this Agreement. VIII. GENERAL CONDITIONS 1. Agreement Revisions This Agreement and its attachments constitute the contractual relationship between the Provider and JWB. If there is any discrepancy between program-related documents, this Agreement preempts all other documents. No DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 3 of 30 amendment to this Agreement or its attachments may be made without the prior written approval of JWB and Provider, except as may be provided in General Condition #4. 2. Fiscal Responsibility a. Provider agrees to maintain books, records, and documents in accordance with generally accepted accounting principles and practices which accurately and appropriately reflect all expenditures of funds listed in the approved budget on file at JWB. b. Provider agrees to submit Program Statement of Financial Activities reports within thirty (30) calendar days following the end of each quarter of JWB's fiscal year (see Attachment 4 for an outline of all document submittals). c. Provider agrees that all financial records and supporting documentation shall be subject at all times to inspection, review, or audit by JWB personnel or its duly authorized agent. d. Provider agrees to maintain and file with JWB in a timely fashion reports related to services provided under this Agreement. e. Provider agrees to retain all financial records, supporting documentation, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, all records shall be retained until resolution of audit findings. f. Payments during Disaster Recovery: JWB agrees to support funded programs that are unable to provide normal services for a period of at least sixty (60) calendar days after a disaster has been declared, provided the program agrees to comply with requests of JWB and Recover Pinellas. This period may be extended at the discretion of the Board upon recommendation of the Chief Executive Officer. Provider must file insurance and may file FEMA claims or apply for other federal funding and shall reimburse JWB for any amounts received from these sources that have previously been funded by JWB. The Provider must submit to JWB a copy of the Provider's Continuity of Operations Plan within thirty (30) calendar days of the effective date of this Agreement. g. Provider shall provide supporting documentation (board meeting minutes, etc.) for all salary adjustments. JWB shall not reimburse more than two (2) weeks of accrued leave for terminating employees. JWB shall not reimburse expenses not previously approved by JWB. 3. Audit and Management Letter The Provider agrees to submit to JWB an independent audit of the financial statements of the entity in its entirety and any accompanying management letter(s) immediately upon receipt by the Provider's board, but within a period not to exceed one hundred and eighty (180) calendar days of the close of the Provider's fiscal year. The audit must be performed by a firm licensed to perform audits in the State of Florida and conducted in accordance with generally accepted auditing standards and standards established by the American Institute of Certified Public Accountants. The Provider's auditor must comply with the Independence Rule and comply with the General Requirements for Performing Nonattest Services and Documentation Requirements When Providing Nonattest Services. Such nonattest services include: (1) financial statement preparation; (2) cash to accrual conversions; (3) reconciliations; (4) advisory services; (5) appraisal, valuation and actuarial services; (6) benefit plan administration; (7) bookkeeping, payroll and other disbursements including proposed standard, adjusting or correcting journal entries; (8) preparation of depreciation schedules; (9) business risk consulting; (10) corporate finance consulting (11) executive or DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 4 of 30 employee recruiting; (12) forensic accounting; (13) hosting services; (14) information systems design, implementation or integration; (15) internal audit; (16) investment advisory or management; (17) tax services. The Provider is required to engage an audit firm that follows Government /Non-Profit Audit Standards when conducting the financial audit and that shows evidence of a peer review report completed every three (3) years. 4. Other Financial Support a. Provider shall report within ninety (90) calendar days any major changes in non-JWB revenue which would impact targeted service levels in JWB funded programs during the fiscal year. b. JWB funds shall not be used for expenditures also funded by other sources. JWB funds shall not be used to supplant other sources of revenue. c. Generally, JWB encourages use of its funds as financial match for securing funds from other sources. However, in such instances, Provider is required to obtain prior written approval to submit an application with JWB committed funds. d. Revenues earned in a JWB funded program must remain in that program as a condition of funding. e. Programs charging a fee for services supported by JWB funding must forward a copy of the fee schedule to JWB within thirty (30) calendar days of the effective date of this agreement and upon making changes to the fee schedule. 5. Program Monitoring and Data Quality Provider agrees to submit monitoring, site visit, accreditation, and licensing reports supplied by funding, accreditation, and licensing entities, as applicable, to JWB no more than thirty (30) calendar days following Provider receipt. Provider agrees to submit progress reports and other information in such format and at such times as may be prescribed by JWB (including JWB Databases, JWB Secure Portals, and Provider specific data collection systems), and to cooperate in monitoring activities including, but not limited to, access to sites, staff, fiscal and participant records, logs, participant rights and responsibilities policies, participant handbooks, grievance and complaint procedures, and the provision of related participant and participant rights information. Provider shall maintain and have available for audit inspection participant records for five (5) years post termination of services. Provider agrees to abide by the JWB Board Policy Section IV: JWB Funded Program Monitoring. Provider agrees to provide JWB representatives access, without presence of the Provider supervisor, to staff or program participants during any monitoring with or without advance notice. Youth participants will only be interviewed in group settings or with staff present unless parental consent is obtained. Provider staff shall adhere to JWB's Data Quality Manual and JWB's Financial Policies and Procedures for Funded Programs, and all staff who have any responsibility (supervisory or direct) for data entry shall be trained within thirty (30) calendar days of hire. The Provider is responsible for maintaining written policies and procedures for providing data to JWB in a timely manner. The Provider is responsible for reviewing JWB Database and JWB Secure Portal User Access to ensure that all users are active employees with access to appropriate data systems and modules. The Provider is responsible for implementing appropriate procedures into their data policies to protect data and prevent accidental or malicious disclosure of participant information. The Provider is responsible for maintaining fiscal access and workflow approval throughout the fiscal year. Provider shall notify JWB no less than ninety (90) days prior to implementation of data system(s) used for participant and/or financial information that are used to share data with JWB. DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 5 of 30 6. Board Members and Training Within thirty (30) calendar days of approval or a change of board composition, Provider shall submit to JWB an updated list of board members to include the start date of all members and, for board chair only, the email and physical address, phone number, and place of employment. Orientation of new board members shall occur within two (2) months of the member joining the board and evidence of this orientation maintained in Provider files. Training of new board members by an external trainer is required within six (6) months of joining the Provider board. Evidence of training must be provided to JWB within 30 days of the training. Training must consist of the following topics: nonprofit governance, fiduciary risks, and liabilities. Documentation of this training shall include an outline of topics covered, the board members in attendance, date the board member joined the board, and who provided the training. Providers that are governmental entities, higher education institutions, and hospitals are exempt from this training requirement. 7. Nondiscrimination Providers receiving funding from JWB shall not discriminate against an employee, volunteer, or participant of the Provider on the basis of race, color, gender, religion, national origin, citizenship, disability, marital status, age, veteran status, sexual orientation, pregnancy, and genetic information, or any other legally protected category except that programs may target services for specific participant groups as defined in the application. Additionally, Providers receiving funds shall demonstrate the standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, and ethnic backgrounds. 8. Publicizing of JWB Support - Endorsements Requests for endorsements that require a commitment of JWB resources shall be submitted to the JWB Board for its consideration. However, endorsements, which do not require JWB resources may be given to those Providers that support the focus and priorities of the JWB Board, at the discretion of the JWB Chief Executive Officer. JWB's logo must be visible at Provider's administrative and program sites, be featured on the Provider’s website, and be present on the following Provider materials as an acknowledgement of support: • Annual report • Program brochures and marketing materials • Program stationery JWB's logo may not be used on any other publications requiring JWB resources without JWB approval. However, if a publication does not require a monetary commitment or indicate sponsorship, use of the JWB logo may be authorized at the sole discretion of the JWB Chief Executive Officer. 9. Not Used 10. Assignments and Subcontracts Provider shall not assign the responsibility of this Agreement to another party nor subcontract for any of the work contemplated under this Agreement, including transportation of participants, without prior written approval of JWB through an approved budget or other written approval on file at JWB. No such approval by DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 6 of 30 JWB of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation by JWB in addition to the total dollar amount stated in this Agreement. JWB shall have the right to require the Provider to replace any Subcontractor found, in the reasonable judgment of JWB, to be unacceptable. All such assignments or subcontracts shall be subject as applicable to the terms and General Conditions of this Agreement and to any conditions of approval that JWB shall deem necessary. Subcontracts for program service delivery described in the approved program methodology must be reviewed according to the Subcontract Assessment found at https://www.jwbpinellas.org/wp-content/uploads/2019/11/Subcontract-Assessment- Form.pdf. The assessment outlines elements that must be included in subcontracts. Subcontracts and the corresponding Subcontract Assessment shall be submitted to JWB within thirty (30) calendar days of the effective date of this Agreement and upon revision, amendment and execution of the subcontract thereafter. Provider shall have full responsibility for the successful performance and completion of all subcontracted duties under this Agreement to the same extent as if the Provider performed such duties. The Provider shall be the sole point of contact for subcontracts with regard to all matters under this Agreement. Provider is responsible for monitoring subcontracts of JWB funded programs unless otherwise specified in a Special Condition of this Agreement. Documentation of monitoring of subcontracts shall be submitted to JWB no more than thirty (30) calendar days following completion of the monitoring activities. 11. Confidential Information Provider must follow all laws regarding confidentiality of information including, but not limited to, HIPAA. Provider shall not use or disclose any information which specifically identifies a recipient of services under this Agreement, and shall adopt appropriate procedures for employees' handling of confidential data with the following exceptions: a) such information may be revealed as may be necessary to conform to Fiscal Responsibility and Program Monitoring requirements as stated in the General Conditions of this Agreement; b) such information may be revealed as may be necessary pursuant to applicable federal, state, or local law and related regulations; and c) such information may be revealed with the written consent (authorization) of the recipient, or the recipient's responsible parent or guardian, where authorized by law. Provider is responsible to adopt appropriate policies, notifications, authorizations, and other relevant information that allows for the sharing of confidential information with JWB. The Provider shall also maintain in participant files a completed copy of a JWB-approved form for authorizing client consent to release information for each participant receiving services. As allowed by law and Provider policy, the Provider shall add JWB to consent forms including HIPAA consent forms to facilitate data sharing and implement the Fiscal Responsibility and Program Monitoring requirements as stated in the General Conditions of this Agreement and advise JWB within two (2) business days if a participant has withdrawn consent to share data and note this withdrawal of consent in the case file. JWB has full discretion as to the use of data and JWB owns all data once transferred to JWB. Provider shall obtain permission and license for the use of any and all photographs, videotaping, audio recordings, or written interviews/stories of participants, to include use of name, image and other identifiable information in connection with a press release, news story, testimonial, or story that may be viewed by the general public, and that the participant will not receive compensation for participation in the use of this information. For youth under the age of eighteen (18), Providers will obtain the signature of a parent or legal guardian. DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 7 of 30 In no event should participant identifying information ever be emailed or faxed to JWB. In the event of an improper disclosure of participant information by Provider, Provider shall inform JWB of the improper disclosure and extent thereof within two (2) business days of becoming aware of the improper disclosure. Provider shall cooperate fully with JWB and take all necessary steps to correct and remedy any damage caused by the Provider's improper disclosure and to prevent future improper disclosure. Provider shall defend, indemnify and hold harmless JWB from any and all damages caused by the improper disclosure of any confidential information as defined by law including, but not limited to, Protected Health Information under HIPAA and any and all costs associated with remedying the disclosure. Provider shall defend, indemnify and hold harmless JWB from any and all damages caused by the improper disclosure as defined by law of any information including but not limited to personally identifiable information (PII) and protected health information (PHI) as required under HIPAA, HITECH and FIPA regulations or other information that is confidential and/or exempt from disclosure per F.S. 119. This provision shall survive the termination of this Agreement. Likewise, in the event of an improper disclosure of Provider's participant information by JWB, JWB shall inform Provider of the improper disclosure and extent thereof within two (2) business days of becoming aware of the improper disclosure. JWB shall cooperate fully with Provider and take all necessary steps to correct and remedy any damage caused by JWB's improper disclosure and to prevent future improper disclosure. JWB shall defend, indemnify and hold harmless Provider from any and all damages caused by JWB's improper disclosure and any and all costs associated with remedying the disclosure subject to the doctrine of sovereign immunity and limitations set forth in F.S. 768.28. 12. Public Records JWB is a public entity subject to Florida's Public Records Law, which includes provisions relating to records retention, production, and confidentiality. For purposes of this section, Provider is also referred to as Contractor. Provider subcontracts that arise out of this Agreement must apply the entirety of this public records condition to the Subcontractor. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Juvenile Welfare Board of Pinellas County 14155 58th St. No., Ste. 100 Clearwater, FL 33760 (727) 453-5600 communications@jwbpinellas.org Contractors acting on behalf of JWB must comply with 119.0701 and must: a. Keep and maintain public records required by JWB to perform the service. b. Upon request from JWB's custodian of public records, provide JWB with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in F.S. 119 or as otherwise provided by law. DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 8 of 30 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 for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to JWB all public records in possession of Contractor or keep and maintain public records required by JWB to perform the service. If the Contractor transfers all public records to JWB upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to JWB, upon request from JWB's custodian of public records, in a format that is compatible with the information technology systems of JWB. In addition, Contractors should be aware that Social Security numbers are confidential and exempt from disclosure (119.071(5)) and personal identifying information of a child or the parent or guardian of the child held by JWB or service provider under contract with JWB is exempt from disclosure (125.901(11)). There are many other exemptions in the law that Provider should be cognizant exist. However, for all Providers, any and all contracts between JWB and Provider, program methodology, budgets, requests for reimbursements, emails, other written correspondence and any other documents exchanged between the Provider and JWB are generally public records and will be disclosed in the sole discretion of JWB and must be retained in accordance with Florida's record retention policy. Providers should not provide any documents to JWB containing Trade Secrets, as defined by F.S. 812.08, or exempt or confidential and exempt information to JWB without specifically marking such document. By submitting any documents or information whatsoever to JWB, Provider agrees that JWB may use and disclose all information and documents submitted for any purpose JWB sees fit and that it is within JWB's sole discretion to determine if any information submitted is exempt from disclosure. Any Provider who receives a public records request for records pertaining to JWB or services funded by JWB, must advise JWB within two (2) business days of the records request and JWB and Provider will work together to respond to any such request. This provision shall survive termination of this Agreement. 13. Return of Funds Provider agrees to return to JWB any overpayment due to costs not incurred or costs disallowed pursuant to the terms of this Agreement and such funds shall be considered JWB funds and shall be refunded to JWB in accordance with its instructions. Should Provider fail to return said funds, Provider shall be responsible for all costs and fees of collection incurred by JWB - including, but not limited to, attorney fees and court costs including any pre-suit collections fees and costs. This provision survives termination of this Agreement and return of funds for overpayment or disallowance will be required even if the overpayment or disallowance is discovered after this Agreement is terminated. 14. Special Situations and Incidents Provider agrees to inform JWB within one (1) business day of any circumstances or events which may reasonably be considered to jeopardize its capability to continue to meet its obligations under the terms of this Agreement. Participant incidents are required to be reported for situations that occur only while under the Provider's care and includes anything that may reflect negatively or critically upon JWB. Certain personnel are mandated by law to report their suspicions of child abuse, neglect, or abandonment to the Florida Abuse Hotline (1-800-96-ABUSE). All concerns regarding suspected abuse, neglect, or abandonment of DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 9 of 30 a child or vulnerable adult by the Provider shall first be reported to the Florida Abuse Hotline and then reported to JWB. Incident reporting does not preclude mandated reporting requirements. Critical Incidents are defined as follows: Abduction - An incident in which an individual who does not have care and custody of a child has taken the child. Concerns of child abductions shall immediately be reported to the appropriate law enforcement personnel. Abuse or Neglect - Reasonable cause to suspect that a child has been harmed or is believed to be threatened with harm while in the Provider's care. Breach of Information - Sensitive, protected or confidential data has potentially been viewed, stolen or used by an individual unauthorized to do so. Elopement- When a minor participant leaves a setting without permission or authorization. Employee Arrest - Employee conduct or activity that results in potential liability to the Provider or JWB, death or harm to a participant, or results in a law violation, including falsification of official records. If an arrest is made for a potentially disqualifying offense under Level 2 background screening requirements, or if the arrest occurred while in the performance of an employee's official duties, the incident should be reported immediately. Investigation or Lawsuit - Any formal investigation or legal action brought against Provider which relates to the services funded by JWB or which may reasonably be considered to jeopardize its capability to continue to meet its obligations under the terms of this Agreement. Media Coverage or Public Inquiry - Media coverage or public reaction that may have an impact on the Provider or JWB's ability to protect and serve its participants, or other significant effect on the Provider or JWB. Participant Death - The death of any participant receiving JWB services, regardless if the death occurred while under Provider's care. Participant Illness - An illness of a participant requiring a response by Emergency Medical Services AND transport to a medical facility due to the severity of the illness while participant is attending the program. Participant Injury - A medical condition of a participant requiring a response by Emergency Medical Services AND transport to the hospital due to the severity of the medical condition or injury while the participant is attending the program. Note in both instances of Participant Illness and Participant Injury the parents may use Emergency Medical Services as transportation to the hospital - if it is used solely for this purpose an incident report is not required. In the event that the participant leaves the program and requires emergency care due to an injury or illness incurred at the program, an incident report should be completed when the program becomes aware. Sexual Battery - An allegation of sexual battery involving a participant or employee as evidenced by medical evidence or law enforcement involvement. Sexual battery includes participant on participant incidents, employee, agent or volunteer on participant, and participant on employee, agent or volunteer. DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 10 of 30 Suicide Attempt - An act which clearly reflects the physical attempt by an active participant to cause his or her own death, which results in bodily injury requiring medical treatment by a licensed health care professional. In addition, the Provider shall notify JWB immediately upon knowledge of any action or incident involving Provider staff or volunteers that could potentially jeopardize the terms of this Agreement which includes misconduct, malfeasance during working hours, or any conduct that results in the arrest of a staff member or volunteer after hours. Within one (1) business day, the Provider must submit electronically a completed Incident Report to IRreviewteam@jwbpinellas.org with full details and disposition of the incident, excluding identifying information such as name, date of birth, and address. In the event of a participant death please contact by phone the JWB Chief Program Officer within three (3) hours of knowledge of the incident. All email communications made or received by JWB members or staff are considered public records and are retained and, upon request, made available to the public and media in accordance with Chapter 119, Florida Statutes. Provider must adhere to the reporting requirements hereunder after the termination of this Agreement if Provider becomes aware of a Critical Incident after the termination of the Agreement if the Critical Incident occurred during the term of the Agreement and/or relates to the services funded by JWB. 15. Provider Staff Membership on Board Provider agrees that Provider staff shall not serve as voting members of the Provider's governing board. 16. Waiver JWB reserves the right to waive requirements of this Agreement and General Conditions where warranted by special circumstances. Any waiver shall be in writing and signed by JWB. 17. Provider & Program Data Maintained In 2-1-1 Database Provider agrees to maintain accurate and up-to-date Provider and program data in the 2-1-1 Tampa Bay Cares database. The Provider will review and update (as necessary) this data at least once annually. The Provider will list data for newly funded program(s) within thirty (30) calendar days of the date that JWB funds the program. This requirement applies to all programs accepting 2-1-1 referrals. 18. Provider Staff Background Checks All program staff and Provider staff (including employees, independent contractors, and staff of subcontractors), volunteers and those who may have access to youth participants are required to undergo and pass a national Level 2 background check that complies with the standards set forth in F.S. 435. Those individuals must have no disqualifying offenses listed in F.S. 435.04. for which they have not received an exemption in accordance with Florida law. All staff and volunteers must continue to qualify to pass a Level 2 screening at all times and must notify their employer if at any time they no longer qualify to pass a Level 2 screening. Proof of Level 2 background clearance, including current executed affidavits/attestations of good moral character, must be maintained at all times in the appropriate files and the screening repeated every five (5) years or more often in accordance with law or as requested by JWB. This requirement applies to employees DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 11 of 30 regardless of the funder supporting the position and all volunteers and subcontractors who may have access to youth. Volunteers and subcontractors who assist on an intermittent basis for less than ten (10) hours per month do not have to be screened if a person who meets the screening requirement of this section is always present and has the volunteer and subcontractor within his or her line of sight. The Provider is required to clearly document which volunteers meet the criteria for a Level 2 background screening and affidavits of good moral character, and which are exempt according to the terms of this Agreement. The Provider's policy and practice for background screening must provide for adequate protection and must comply with all applicable laws and implementing regulations including, but not limited to F.S. 435. The Florida Department of Children and Families provides an exemption process under this statute. JWB does not provide an exemption or waiver process. Should a Provider not be statutorily authorized to receive a national Level 2 background check in accordance with F.S. 435, the Provider must still comply with the standards set forth in F.S. 435 through VECHS background screening. Only in the event the Provider does not qualify to receive a national Level 2 background check in accordance with F.S. 435 and is not eligible to participate in VECHS, then the Provider must engage a third-party vendor to conduct a national background check and must comply with the standards as set forth in F.S. 435. Providers using VECHS, or any other third-party vendor which does not allow the release of background screening results to JWB, must sign and provide to JWB an affidavit which ensures compliance with the entirety of this section. This affidavit must be renewed annually by the Provider's Executive Director or equivalent and submitted within thirty (30) calendar days of the effective date of this Agreement and upon change of staff in this position. Provider must also provide a written procedure within thirty (30) calendar days of the effective date of this Agreement which outlines the process by which compliance is ensured with the entirety of this section, including the person responsible for conducting verification between results of VECHS information and the disqualifying offenses according to F.S 435. Personnel and volunteer files shall reflect who verified whether the employee or volunteer candidate passed the background screening according to F.S. 435.04. Provider agrees to submit to monitoring of personnel and volunteer files and other required documents to ensure compliance with this section. Monitoring will include, but not be limited to, review of training logs, position descriptions, applications, resumes and Provider verification of staff credentials. Providers shall not release PHI to JWB and shall keep this information separated from personnel and volunteer files. Parental consent for JWB monitoring activities must be evident in the personnel and volunteer files of minor children. 19. Attendance Provider is required to keep attendance records. If Attachment 5 requires a program to track participant attendance, attendance may be tracked in the JWB Database or other approved data system. 20. Link to JWB's Website Provider website shall include the JWB logo that links to the JWB website (www.jwbpinellas.org). 21. Drug-Free Workplace DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 12 of 30 The Provider shall have and enforce a Drug and Alcohol Free Workplace Policy. This policy shall be submitted to JWB within thirty (30) calendar days of the execution of this Agreement. 22. Public Entity Crimes Per Section 287.133, F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with a public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 23. JWB Policies and Procedures Provider agrees to follow all JWB policies and procedures which can be located on the JWB website at www.jwbpinellas.org and which are incorporated into this Agreement in their entirety. Said policies include, but are not limited to, all Board policies, funding policies, JWB Financial Policies and Procedures for Funded Programs, research policies, security policies, JWB Data Quality Manual, and policies that may be promulgated by JWB within its sole discretion from time to time. JWB reserves the right to change these policies from time to time within its sole discretion. JWB will provide a minimum of thirty (30) calendar days' notice to the Provider and it is the responsibility of the Provider to be in compliance with all policies and procedures at all times. Provider is encouraged to provide certification of current accreditation by a recognized national accrediting body appropriate to the programming funded by JWB. Regardless of accreditation, the Provider must meet the highest professional standards established through its specific field. 24. Conflict of Interest The Provider must have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder. The Provider further represents that no person having any such interest shall be employed or subcontracted by the Provider during the Agreement term and any extensions. The Provider shall promptly notify JWB, in person, or by email, regular mail or delivery service, of all potential conflicts of interest for any prospective business association, interest, or other circumstance, which may influence or appear to influence the Providers judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Provider may undertake and request an opinion of the JWB Chief Executive Officer as to whether the association, interest or circumstance would, in the opinion of JWB, constitute a conflict of interest if entered into by the Provider. JWB agrees to notify the Provider of its opinion, in person, or by email, regular mail or delivery service, within thirty (30) days of receipt of notification by the Provider. DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 13 of 30 25. Insurance Requirements - Basic Provisions The Provider will procure, pay for, and maintain, throughout the period of this Agreement, on behalf of the Provider and JWB, the following MINIMUM limits of basic insurance coverage with responsible companies, eligible to do business in the State of Florida, which maintain a rating of A-(IX) or higher with A.M. Best. a. Workers' Compensation Part One: "Statutory" Part Two: Each Accident $500,000 Disease - Policy Limit $500,000 Disease - Each Employee $500,000 Such insurance shall be no more restrictive than that provided by the latest edition of the standard Workers' Compensation Policy, as filed for use in Florida by the National Council on Compensation Insurance (NCCI), without any restrictive endorsements other than any endorsements required by NCCI or the State of Florida. In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage is to be included for the Federal Employer's Liability Act and any other applicable Federal or State law. b. Commercial General Liability General Aggregate $3,000,000 Products/Completed Operations Aggregate $3,000,000 Personal and Advertising Injury $3,000,000 Each Occurrence $3,000,000 Such insurance shall be no more restrictive than that provided by the latest edition of the standard Commercial General Liability Form (Form CG 00 01) as filed for use in the State of Florida by the Insurance Services Office (ISO) without any restrictive endorsements other than any endorsements specifically required by ISO or the State of Florida. JWB and JWB's Board members, employees, volunteers, and agents shall be included as an "Additional Insured" on the Commercial General Liability coverage a form no more restrictive than ISO form CG 20 10 (Additional Insured - Owners, Lessees, or Provider). c. Automobile Combined single limit - (Vehicles transporting JWB Participants) $5,000,000 Combined single limit - (All other vehicles used in the performance of work under this Agreement) N/A DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 14 of 30 [The determination of which of the Provider's vehicles will be subject to the limit stated above for "Vehicles transporting JWB Participants" and will be based upon the responses given by the Provider in the most recent JWB Insurance Survey.] Such insurance shall be no more restrictive than that provided by Section II (Liability Coverage) of the most recent version of the standard Business Auto Policy (ISO Form CA 00 01) without any restrictive endorsements, including coverage for liability contractually assumed, and shall cover all owned, non-owned, and hired autos used in the performance of the work under this Agreement. Providers that transport JWB Participants will be required to insure any vehicle used for such Participant transportation in the amount shown in the Participant Transportation section of the Automobile Insurance Requirements matrix. Such amount shall be determined by JWB based upon the maximum number of passengers per vehicle (including driver) in the vehicle being utilized. All other Provider vehicles are required to be insured in the amount shown in the matrix which corresponds to the rest of the Providers operations, excluding participant transportation. The applicable limits can be found at https://www.jwbpinellas.org/wp- content/uploads/2021/04/Automobile-Insurance-Requirements-1.pdf. Providers that hire participant transportation services shall be required to maintain verification of transportation vendor's automobile liability insurance limits in the same amount that the Provider would be required to maintain if Provider were providing the transportation services directly. Such amount shall be determined by JWB based upon the maximum number of passengers per vehicle (including driver) in the vehicle being utilized. The applicable limits can be found at https://www.jwbpinellas.org/wp- content/uploads/2021/04/Automobile-Insurance-Requirements-1.pdf. d. Excess or Umbrella Insurance: All required limits of insurance may be satisfied by the use of any combination of primary and excess/umbrella liability insurance coverages. All Certificates of Insurance for umbrella and excess liability policies should clearly indicate which underlying policies such excess or umbrella liability policies are applicable to on an excess basis. e. Evidence of Insurance: Provider shall not commence work until the required insurance is in force and evidence of insurance meeting all of the requirements set forth herein has been provided to JWB. JWB at all times reserves the right to request such additional documentation and evidence of insurance as in its sole discretion it may require and the Provider hereby agrees to provide same. An appropriate Certificate of Insurance signed by an authorized representative of the insurer shall be satisfactory evidence of insurance. With respect to the Commercial General Liability, an appropriate Certificate of Insurance signed by an authorized representative of the insurer, and copies of the actual additional insured endorsement(s) as issued on the policy(ies), shall be satisfactory evidence of such insurance. The evidence of insurance provided by Provider must include a disclosure of the amount(s) of all deductibles or self-insured retentions applicable to any policy of insurance required under this section. DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 15 of 30 Until such insurance is no longer required by this Agreement, Provider shall provide JWB with renewal or replacement evidence of insurance at least fifteen (15) calendar days prior to the expiration or termination of such insurance. Notwithstanding the prior submission of a Certificate of Insurance, copies of endorsements, or other evidence initially acceptable to JWB, if requested by JWB, Provider shall, within thirty (30) calendar days after receipt of a written request from JWB, provide JWB with a certified copy(ies) of the policy(ies) providing the coverage required herein. Provider may redact or omit, or cause to be redacted or omitted, those provisions of the policy or policies which are not relevant to the insurance required herein. f. Notice of Cancellation: All required policies must be endorsed to provide JWB with thirty (30) calendar days' prior notice of cancellation. g. Primary and Non-Contributory: The insurance provided by the Provider shall apply on a primary basis to and shall not require contribution from, any insurance maintained by JWB. Any insurance or self-insurance maintained by JWB shall be in excess of, and shall not contribute with, the insurance provided by Provider. h. Deductibles/Self-Insured Retentions: Except as otherwise specifically authorized in this Agreement, no deductible or self-insured retention for any insurance required of Provider pursuant to this Agreement will be allowed. To the extent any required insurance is subject to any deductible or self-insured retention (whether with or without prior approval of JWB), Provider shall be solely responsible for paying any such deductible or self-insured retention. Non-Waiver/Remedies: Compliance with these insurance requirements shall not limit the liability of Provider, its subcontractors, sub-subcontractors, employees or agents. Any remedy provided to JWB or JWB's Board members, employees, volunteers, and agents by the insurance provided by Provider shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Provider) available to JWB under this Agreement or otherwise. Neither approval nor failure to disapprove insurance furnished by Provider shall relieve Provider from the responsibility to provide insurance as required by this Agreement. Provider shall provide JWB with renewal or replacement evidence of insurance at least fifteen (15) calendar days prior to the expiration or termination of such insurance. 26. Insurance Requirements - Additional Coverages The Provider will procure, pay for, and maintain, throughout the period of this Agreement, on behalf of the Provider and JWB, the following MINIMUM limits of additional insurance coverage with responsible companies, eligible to do business in the State of Florida, which maintain a rating of A-(IX) or higher with A.M. Best. a. Professional Liability DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 16 of 30 Each Claim $1,000,000 Annual Aggregate $1,000,000 Maximum Deductible or Maximum Self-Insured Retention $25,000 Such insurance shall be on a form acceptable to JWB and shall cover Provider for those sources of liability arising out of the rendering or failure to render professional services in the performance of the services required in the Agreement including any hold harmless and/or indemnification agreement. If the Professional Liability is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims-made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. b. Cyber Liability Each Claim $500,000 Annual Aggregate $500,000 Maximum Deductible or Maximum Self-Insured Retention $25,000 The Cyber Liability insurance shall be on a form acceptable to JWB and shall cover Security & Privacy Liability and Breach Response Coverage, including Notification Expenses. If the Cyber Liability is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims-made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. The required Cyber Liability coverage may be included as part of the Professional Liability coverage and limits required above. c. Abuse and Molestation Liability Each Claim $1,000,000 Annual Aggregate $1,000,000 Maximum Deductible or Maximum Self-Insured Retention $25,000 Such insurance shall be on a form acceptable to JWB and shall cover Provider and its employees for liability arising out of any occurrence of abuse or molestation in relation to the work provided by Provider under the Agreement. If the Abuse and Molestation coverage is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims-made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. d. Directors and Officers/Employment Practices Liability DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 17 of 30 Each Claim $1,000,000 Annual Aggregate $1,000,000 Maximum Deductible or Maximum Self-Insured Retention $25,000 Such insurance shall be on a form acceptable to JWB and shall cover Provider and its directors, officers and employees for liability arising out of "Wrongful Acts" in the performance of their duties as directors, officers and employees of Provider. In addition, coverage shall be included for "Wrongful Acts" of Provider arising out of Provider's employment practices. If the coverage is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims-made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. e. Crime Insurance Such insurance shall be on a form acceptable to JWB and shall provide the following coverages in the following amounts: Employee Dishonesty: $300,000 Forgery or Alteration: $300,000 Robbery (on or off premises): $300,000 Computer Fraud: $300,000 Funds Transfer Fraud: $300,000 Maximum Deductible or Maximum Self-Insured Retention $25,000 f. Watercraft Liability To the extent watercraft are utilized, Provider shall purchase and maintain insurance which shall, at a minimum, cover Provider for injuries or damage arising out of the use of all owned, non-owned, and hired watercraft. The insurance shall include JWB and JWB's Board members, employees, volunteers, and agents as additional insureds. The limits applicable to watercraft liability shall be: Each Occurrence/Annual Aggregate $300,000 g. Pollution Legal Liability Such insurance shall cover Provider for liability resulting from pollution or other environmental impairment arising out of, or in connection with, work performed under this Agreement, or which arises out of, or in connection with this Agreement, including coverage for cleanup of pollution conditions and third party bodily injury and property damage claims arising from pollution conditions. Such insurance shall also include transportation coverage and non-owned disposal site coverage. DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 18 of 30 Coverage must either be on an occurrence basis; or, if on a claims-made basis, the coverage must respond to all claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. The minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be: Each Claim $500,000 Annual Aggregate $500,000 Maximum Deductible or Maximum Self-Insured Retention $25,000 JWB and JWB's Board members, employees, volunteers, and agents shall be included as an "Additional Insureds" on the policy. 27. Indemnification Provider shall defend, indemnify, and hold harmless JWB, its agents, and employees from and against any and all liabilities, claims, judgments, or actions including, but not limited to, attorney's fees and all costs that may hereafter at any time be made or brought by any person or entity on account of any claim including but not limited to, personal injury, property damage, loss of monies, civil rights violation, or discrimination allegedly caused in whole or part by any act or omission, including but not limited to, breach of contract, negligent act, wrongful act, intentional act, omission, and any acts of fraud or defalcation, of the Provider, its agents, employees, or subcontractors, arising out of or relating to its performance of this Agreement or for Provider's improper disclosure of confidential and/or exempt information, or failure to comply with F.S. 119 or any other applicable law, rule or regulation. In no event will the Provider be liable for or have any obligation to defend JWB against such liability, claims, judgments, or actions, including costs and attorney's fees, arising out of the sole negligent acts of JWB. This provision survives termination of the Agreement. 28. Certification that Provider is legally able to contract with JWB In compliance with F.S. 287.135(a), a Provider is ineligible to and may not enter into a contract with JWB if the Provider is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 or is engaged in a boycott of Israel. In compliance with F.S. 287.135(b), for contracts of $1 million or more, a Provider is ineligible to and may not enter into a contract with JWB if the Provider (1) is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List, created pursuant to s. 215.473 or, (2) is engaged in business operations in Cuba or Syria. By entering into this Agreement, you are certifying that you are eligible to contract with JWB and are not participating in a boycott of Israel, are not on the Scrutinized Companies with Activities in Sudan List, are not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that you do not have business operations in Cuba or Syria. In addition, this Agreement may be terminated if Provider (1) has found to have submitted a false certification, (2) has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, (3) has been placed on the Scrutinized Companies with Activities In Sudan List or the Scrutinized Companies with Activities in The Iran Petroleum Energy Sector List; or (4) has been engaged in business operations in Cuba or Syria. 29. E-Verify DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 19 of 30 In accordance with F. S. 448.095, no later than the first date of the term Agreement, Provider must register with and use the U.S. Department of Homeland Security's E-Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all employees hired on or after the first date of the term Agreement and during the remainder of the term of this Agreement. Evidence may consist of, but is not limited to, providing notice of your E-Verify number. The link for instructions on how to provide proof of participation/E-Verify enrollment is https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify. The statute also applies to subcontractors performing work under this Agreement. The subcontractor must use the E-Verify system for any employees it may hire during the term of this Agreement. The Subcontractors must provide affidavits stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined by F. S. § 448.095(k). Subcontractors are defined in Florida Statute as both individuals and legal entities. Provider must maintain copies of all subcontractor affidavits for the duration of the JWB Agreement and these affidavits shall be subject at all times to inspection, review, or audit by JWB personnel or its duly authorized agent. Notwithstanding any other terms of this Agreement, if JWB has a good faith belief that you have knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States, JWB shall terminate this Agreement. Provider may be liable for all costs associated with JWB securing the same services, inclusive, but not limited to, higher costs for the same services and rebidding costs (if necessary). Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute, Provider may not be awarded a public contract for a period of one (1) year after the date of termination. DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 20 of 30 IX. SIGNATURES _______________________________________ __________ Chief Executive Officer: Juvenile Welfare Board of Pinellas County Beth A. Houghton ________________________________________ Date Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ Frank V. Hibbard Micah Maxwell Mayor Interim City Manager Approved as to form: Attest: ___________________________ ________________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 8/25/2021 | 12:55 PM EDT Page 21 of 30 Attachment 1 Special Conditions of the Agreement The following condition(s) applies to the program(s): Charting the Course for Youth Provider approved COST program shall adhere to the JWB approved Program Service Matrix Model Program Components for Out of School Time Programming. The Provider will work with the assigned JWB Evaluator to implement the Florida Afterschool Network Quality Self-Assessment. The provider must identify a self-assessment coordinator who will work with the JWB Evaluator to conduct the self-assessment. The self-assessment must be completed and associated performance improvement plan (as appropriate) must be established by the end of the fiscal year. The Provider and all facilities legally required to be licensed must maintain valid licensure. Facilities not required to be licensed must maintain a Certificate of Substantial Compliance issued by the Pinellas County License Board (PCLB). Should any Provider or facility's license or certification be revoked, not renewed, or suspended during the time services are being provided hereunder, the Provider must immediately notify JWB within twenty-four (24) hours in writing and said Provider or facility is no longer qualified to provide services to the Recipients under the terms of this Agreement. Provider or facility's license must be considered in Good Standing, which is defined as having no probationary license status within the preceding twelve (12) months. Provider authorizes JWB to speak with PCLB and any other entity regulating the Provider about anything relevant to Provider's child care license, history of providing care or anything else deemed relevant by JWB. General Condition #18 - Provider is waived from personnel file monitoring with JWB wherein the Provider has no non-compliances on PCLB’s most recent monitoring report/inspection checklist/complaint investigation in the area of Personnel and at the time of JWB monitoring is in full compliance with all PCLB regulations pertaining to Personnel, including, but not limited to, personnel records and background screening. JWB reserves the right to monitor personnel files at any time, including if a non-compliance is noted during PCLB’s monitoring/inspection/investigation and at any time JWB deems necessary. Provider will give JWB staff access to all PCLB monitoring reports/inspection checklist/complaint investigations. All other provisions of the Condition remain. The following condition(s) applies to the Provider: City of Clearwater General Condition #2f - The last sentence is waived: Provider is not required to submit a Continuity of Operations Plan to JWB. General Condition #6 - Board Members and Training is waived. General Condition #10 - Assignments and Subcontracts – The last sentence of paragraph two and of paragraph three in this section are waived: Provider is exempted from submitting Subcontracts, Subcontract Assessments and Subcontract monitoring documentation for individual (not incorporated) providers of overlay services and tutoring services if said individuals of those services are not left alone with children. All other terms of General Condition #10 shall remain the same. DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 22 of 30 General Condition #11 - Confidential Information- paragraph 4, the sentence that states, "Provider shall defend, indemnify and hold harmless JWB from any and all damages caused by the improper disclosure of any confidential information as defined by law including, but not limited to, Protected Health Information under HIPAA and any and all costs associated with remedying the disclosure." is stricken and replaced with the following: "Provider shall defend, indemnify, and hold harmless JWB from any and all damages caused by the provider's improper disclosure of any information including, but not limited to, Protected Health Information under HIPAA and any and all costs associated with remedying the disclosure subject to the doctrine of sovereign immunity and limitations set forth in F.S. 768.28." General Conditions #25 and #26- Insurance Requirements are waived wherein the Provider maintains responsibility for the delivery of services. Should the Provider assign or subcontract any of the work contemplated under this Agreement to a non-governmental entity, or to a non-Florida governmental entity, this Insurance Requirements waiver is not applicable to the subcontracted services portion of the contract. Nongovernmental subcontractors and non-Florida governmental subcontractors must demonstrate compliance with the insurance requirements for all subcontracted services performed for Provider for JWB-funded programs. Provider is solely responsible for ensuring subcontractors of the Agreement are in compliance with the minimum insurance requirements as described in General Conditions #25 and #26. General Condition #27 - Indemnification is replaced with "The Provider agrees to be fully responsible for all claims arising out of its own acts of negligence or its respective employees' acts of negligence when acting within the scope of their employment and agrees to be liable for any damages proximately caused thereby; provided, however, that the Provider's liability is subject to the monetary limitations and defenses imposed by section 768.28, F.S. Nothing herein is intended to serve as a waiver of sovereign immunity by the Provider, nor shall anything herein be construed as consent by the Provider to be sued by any third party for any cause or matter arising out of or related to this Agreement except to the extent provided by 768.28, F.S." DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 23 of 30 Attachment 2 Geographical Service Area Provider agrees whenever possible to maintain service sites which are accessible by public transportation and convenient to the target participant group. Provider will advise JWB of any changes made in service sites. The geographical service area for this agreement is as follows: Program Name Participants are eligible Countywide Participants are eligible who reside in the following ZIP codes: Participants are eligible from the following service areas: Charting the Course for Youth Participants will primarily reside in zip codes 33755 and 33756. In addition, participants can reside in the following zip codes: 33763, 33764, 33765, 33770, 33778, 34677, 34695 and 34698. DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 24 of 30 ATTACHMENT 3 ACCOUNTS PAYABLE SCHEDULE – FY 2022 Pay# Submission Due Date Reimbursement Date 1 09/24/21 10/01/21 2 10/08/21 10/15/21 3 10/22/21 10/29/21 4 11/05/21 11/12/21 5 11/19/21 11/26/21 6 12/03/21 12/10/21 7 12/17/21 12/24/21 8 12/31/21 01/07/22 9 01/14/22 01/21/22 10 01/28/22 02/04/22 11 02/11/22 02/18/22 12 02/25/22 03/04/22 13 03/11/22 03/18/22 14 03/25/22 04/01/22 15 04/08/22 04/15/22 16 04/22/22 04/29/22 17 05/06/22 05/13/22 18 05/20/22 05/27/22 19 06/03/22 06/10/22 20 06/17/22 06/24/22 21 07/01/22 07/08/22 22 07/15/22 07/22/22 23 07/29/22 08/05/22 24 08/12/22 08/19/22 25 08/26/22 09/02/22 26 09/09/22 09/16/22 27 09/23/22 09/30/22 28 10/07/22 10/13/2022 (September business) 29 10/21/22 10/27/2022 (September business) 30 11/04/22 11/10/2022 (September business) DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 25 of 30 Attachment 4 Document Submittal Chart This chart is intended as a guide. Submittals required in the General and Special Conditions of the Agreement supersede this guide. Provider Document Time Frame Submit To Program methodology update or certification that no updates are needed. Within thirty (30) calendar days of effective date of Agreement Agency Specific JWB Secure Portal Site Approved program methodology January 31, 2022 Agency Specific JWB Secure Portal Site COOP - WAIVED Within thirty (30) calendar days of effective date of Agreement Agency Specific JWB Secure Portal Site Salary Adjustment Approval If applicable, then prior to budget submission or subsequent amendment Agency Specific JWB Secure Portal Site Quarterly Program Statement of Financial Activities Within thirty (30) calendar days following the end of each quarter of JWB's fiscal year Agency Specific JWB Secure Portal Site Most Recent Audit Immediately upon receipt by the Provider's board or not to exceed 180 days of the close of the Provider's fiscal year Agency Specific JWB Secure Portal Site Fee Schedules Within thirty (30) calendar days of the effective date of this agreement and upon making changes to the fee schedule Agency Specific JWB Secure Portal Site Monitoring, Site Visit, Accreditation and Licensing Reports No more than thirty (30) calendar days following Provider receipt Agency Specific JWB Secure Portal Site Notification of Change in Participant and/or Finance Data Base Within ninety (90) calendar days in advance of any changes Email to JWB Chief Executive Officer Board Member List – WAIVED Within thirty (30) calendar days of approval or a change of board composition Agency Specific JWB Secure Portal Site Board Training (Outline of topics, members in attendance, and who provided training) – WAIVED Within six (6) months of joining the Provider board, evidence of training new board members must be provided to JWB within 30 days of the training. Agency Specific JWB Secure Portal Site Subcontracts – Waived in the case of independent providers of tutoring and overlay providers Within thirty (30) calendar days of the effective date of this Agreement and upon revision, amendment and execution thereafter. Agency Specific JWB Secure Portal Site DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Page 26 of 30 Subcontract Assessment - Waived in the case of independent providers of tutoring and overlay providers Within thirty (30) calendar days of the effective date of this Agreement and upon revision, amendment and execution thereafter. Agency Specific JWB Secure Portal Site Subcontract Monitoring Documentation - Waived in the case of independent providers of tutoring and overlay providers No more than thirty (30) calendar days following completion of the monitoring activities. Agency Specific JWB Secure Portal Site Incident Reports Within one (1) business day of occurrence IRreviewteam@jwbpinellas.org Executive Director Affidavit (Providers using VECHS) – Not applicable Within thirty (30) calendar days of the effective date of this Agreement and upon change of staff in this position Agency Specific JWB Secure Portal Site Procedure for General Condition #18 - Provider Staff Background Checks (Providers using VECHS) – Not applicable Within thirty (30) calendar days of the effective date of this Agreement Agency Specific JWB Secure Portal Site Drug-Free Workplace policy Within thirty (30) calendar days of effective date of Agreement and upon revision and approval by the Provider's board Agency Specific JWB Secure Portal Site Insurance Documentation – WAIVED – Unless services are Subcontracted Throughout the period of the Agreement and with renewal or replacement at least fifteen (15) calendar days prior to the expiration or termination of such insurance. Agency Specific JWB Secure Portal Site DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Agency: City of Clearwater (AGN274) 07/13/2021 12:10:40 PM Page 27 of 30 Attachment 5 City of Clearwater (AGN274) Charting the Course for Youth (PROG478) Performance Measurement FY22 Participant Level Performance Measurements Targets Information for PROG478 Target (Measurable): FSA Learning Gains - English Language Arts TargetV2DefinitionId 3000 ShortTargetTitle FSA Learning Gains - English Language Arts TargetText Percent of eligible youth participants that demonstrate learning gains on the FSA English Language Arts. TargetType Milestone Data ProjectedValue 17% ProjectedStartDate 10/01/2021 ProjectedEndDate 09/30/2022 Notes Learning gains are defined by Pinellas County Schools in accordance with guidelines from the Florida Department of Education. An eligible participant will be in grades 4 and higher, have two years’ worth of FSA data, and be enrolled in the program before January. Measured by PCS, and analyzed by JWB. A program-wide milestone will be entered into GEMS after JWB reports performance to the provider. Target (Measurable): FSA Learning Gains - Mathematics TargetV2DefinitionId 2999 ShortTargetTitle FSA Learning Gains - Mathematics TargetText Percent of eligible youth participants that demonstrate learning gains on the FSA Mathematics. TargetType Milestone Data ProjectedValue 35% ProjectedStartDate 10/01/2021 ProjectedEndDate 09/30/2022 Notes Learning gains are defined by Pinellas County Schools in accordance with guidelines from the Florida Department of Education. An eligible participant will be in grades 4 and higher, have two years’ worth of FSA data, and be DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Agency: City of Clearwater (AGN274) 07/13/2021 12:10:40 PM Page 28 of 30 enrolled in the program before January. Measured by PCS, and analyzed by JWB. A program-wide milestone will be entered into GEMS after JWB reports performance to the provider. Target (Measurable): Program Satisfaction TargetV2DefinitionId 3050 ShortTargetTitle Percent of eligible that indicate satisfaction on the OST survey TargetText Percent of eligible participants will indicate satisfaction in all applicable domains in the program's OST survey TargetType Milestone Data ProjectedValue 90 Notes The survey assesses participant opinions about satisfaction in the program, including in the domains of program engagement, SEL, leadership, academics, STEAM, and healthy decision making. Eligibility is defined as being enrolled in grades 3 or higher, enrolled before January, and active during the administration period (May). The denominator includes all participants who are eligible, while the numerator counts the number of people, out of those eligible, who took the survey. All domains are applicable. Target (Measurable): TRGT1211: Annual participation - child TargetV2DefinitionId 1297 ShortTargetTitle TRGT1211: Annual participation - child TargetText Percent of Participants who continue in the afterschool program for more than one year. TargetType Roster Data ProjectedValue 65 ProjectedStartDate 10/01/2021 ProjectedEndDate 09/30/2022 Notes Measures participants who are served by the provider in more than one fiscal year. Target (Measurable): TRGT1360: Percent of days attended TargetV2DefinitionId 2549 ShortTargetTitle TRGT1360: Percent of days attended TargetText Percent of youth attend 70% of the program days tracked on a monthly basis as demonstrated by JWB database attendance report. TargetType Milestone Data ProjectedValue 70 ProjectedStartDate 10/01/2021 DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Agency: City of Clearwater (AGN274) 07/13/2021 12:10:40 PM Page 29 of 30 ProjectedEndDate 09/30/2022 Notes This measure speaks to the dosage of programming. It is measured by the actual number of days in attendance by the number of days the participant could have potentially attended the program. Target (Measurable): TRGT1519: Less than 10% of school days unattended TargetV2DefinitionId 2636 ShortTargetTitle TRGT1519: Less than 10% of school days unattended TargetText Percent of students who miss less than 10% of unexcused school days. TargetType Milestone Data ProjectedValue 95 ProjectedStartDate 10/01/2021 ProjectedEndDate 09/30/2022 Notes Percent of participants who have less than approximately 18 unexcused absences from school. Measured by the school year, and analyzed by JWB. A program-wide milestone will be entered into GEMS after JWB reports performance to the provider. DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 Agency: City of Clearwater (AGN274) 07/13/2021 12:10:40 PM Page 30 of 30 DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 PROGRAM CONTRACT/AMENDMENT REVIEW AND APPROVAL FORM Agency Name: City of Clearwater Program Name: Charting the Course for Youth Type of Document: FY22 Agreement Annualized Contract Amount: $394,095 Brief Explanation: FY22 Agreement for Charting the Course for Youth Program INSTRUCTIONS 1. The contract/amendment referenced above is attached and submitted for review and comment. 2. If you have suggested edits or concerns, please contact Karen Woods at kwoods@jwbpinellas.org to discuss. 3. Contract/amendment will be routed for signature via DocuSign workflow. 4. Administrative Specialist will archive review form and contract/amendment. REVIEWER TITLE SIGNATURE DATE Program Administration Mgr. K. Woods Program Evaluation Mgr. (if applicable) Vacant Program Finance Mgr. (if applicable) L. Lewis N/A Chief Program Officer K. Boggess Chief Financial Officer L. Krueger Brock Chief Evaluation & Innovation Officer B. Morrison-Rodriguez DocuSign Envelope ID: 8E48F709-5A05-4F85-9240-7E205DA5EF33 8/25/2021 | 11:11 AM EDT 8/25/2021 | 12:17 PM EDT 8/25/2021 | 12:42 PM EDT 8/25/2021 | 12:44 PM EDT Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9678 Agenda Date: 9/16/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Approve the Agreement between the Martin Luther King Jr. Neighborhood Family Center, Inc. (MLKNFC) and the City of Clearwater for the recreational, educational, and social programming at the North Greenwood Recreation and Aquatics Complex and North Greenwood Library from October 1, 2021 through September 30, 2026 with one five-year extension and authorize the appropriate officials to execute same. (consent) SUMMARY: On November 11, 2011 the City Council approved a five-year agreement with the MLKNFC and the City which was renewed on October 1, 2016 through September 30, 2021. The MLKNFC provides a valuable service to the community through their recreational, educational, and social programming at the North Greenwood Recreation and Aquatics Complex and North Greenwood Library. Families visit the Center seeking and receiving assistance with basic needs, after school and summer care for their children, assistance with food, rent, utilities, and a chance to participate in programs such as healthy cooking, parenting/budgeting/Spanish/well baby classes, quarterly community lunch & learns, and annual educational conferences, in addition to an array of other service needs. The agreement provides facility space at the North Greenwood Recreation and Aquatics Complex to provide their programs and services and in addition 530 square feet of office space. The License fee for the five-year term is twenty thousand dollars ($20,000) per year payable in quarterly payments of $5,000 on Oct. 1, Jan. 1, April 1, and July 1 for each year. This agreement reflects an addition to the current agreement which would allow MLKNFC to provide a 60-day notice to the City to terminate the contract due to an operational need or a change in funding. The MLKNFC desires to enter into a new five-year agreement from October 1, 2021 through September 30, 2026 with 1 additional five-year renewal at the discretion of the City. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 9/14/2021 File Number: ID#21-9678 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 9/14/2021 w .. . . .•- .-,.,,; :,,.;... a eA s„h _ 53x^ - Martin Luther King Jr. Neighborhood Family Center Exhibit "A" EDGEOF— isrmc 0.ETENTION FON 2' 7 \ s I I ! _ . I z-0 \ \ 0" 3.3 a z<r ' - o:. o _ F i - / ': / 4 T I' , I 111ISTORAG' ! ;e, CC D t JI4 .il . Z. . ,... . `' 1vr. _. l I N; ,i ", 8ib; . i J1 j ' ; i ; i /,; 1, , , c ELEVO'-0" i y ,i 1 , IOMAT NE I6TIN0 I I ! '' I i 5 _-0= j , ,osicussROOM i cm,rc ' I p / i., I . B so i' I °''°' a ' ' k j i a v ,. I I / I " ' r s "' I i pp i• o d ; \ \ j` Y ."''' y i . t7 1 ' 2 ti., ; 6 c i os zo e , i ., .. / 709A l; . I / A3 I u O / 079B I ; o'"'`_'— , r `^ , V , „ ^ ` q j , e yy p,— mm,_ - d ; ` —.-;?C VVpp = r ios o_ z / F I i , , . ` tGe_ IOFFICE , / _ i I k- t s ' , ; 107 OFFlCE i` li 4 y ry, _, I ! L i C{ tOP I I 11 3 4 1 I \ s Dlz r I. 0 c i i , G; " ''-= ry e p,' a ,m _ ,' i 713 , ` y d ` EI j ,/,,/% F., ve,..e_._...._....-,...>.. 173 RECEPiION I .. Q ic l.. II . -f , i 1 T il O, e I e; 4 k-'< --- --- i c ia , t. 14 i'leI ' I -- Ii -- . _... .,. ..__ J `` 9 ., . ----- \ ' I '-: 119 OFFICE i 1@ICONFE4ENCE 103IOFFICE , t Ft '' .y\ I EBl9 BIB/B ', '3— . ` ' .. r i r' - `-- I. . { / J L _ i _ — _—__ .. ' . 5 / I . l I ` i — ' l 3/ — t '' / \ 0. I i 3 h . f \ . 1 - I ; _. 1 i j — a- — — — ./ i `y, LI! .I .. i , 1` /11 !, 1 rl ' r'°' i I 1 X \ ' 1' O I ' ', x ` i \i. ,; \ Ili a a . ,, ``r, K Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9685 Agenda Date: 9/16/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Approve a purchase order to TriTech Software Systems of San Diego, CA for the renewal of TriTech Software Support in the amount of $198,451.06 from October 1, 2021 through September 30, 2022, pursuant to City Code of Ordinances Section 2.563(1)(a), Single Source, and authorize the appropriate officials to execute same. (consent) SUMMARY: The TriTech System provides an integrated computer aided dispatch (CAD), mobile, automatic vehicle location (AVL) environment, and downloading of data to the report management system (ACISS). Prior to the TriTech System, each of these functions required separate software support and hardware agreements. The TriTech system has been operational since October 2007; the final sign-off and payment closing out the project was disbursed in March 2009. The Council previously approved a twelve-month TriTech Software Support Agreement, which will expire on September 30, 2021. This renewal reflects an approximate 5.0% increase over the fiscal 2021 amount, which totaled $189,096.22. APPROPRIATION CODE AND AMOUNT: Funding for renewal of the 12-month Software Support Agreement, in the amount of $198,451.06, is budgeted in Fiscal Year 2021/2022 Police Department operating budget 0101162-530300 (contractual services). Page 1 City of Clearwater Printed on 9/14/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9654 Agenda Date: 9/16/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Approve the final plat for Angelfish, whose physical address is 25400 US Highway 19 North, located on the west side of US Highway 19 North, approximately one-half mile south of Enterprise Road. (consent) SUMMARY: This plat will create one new lot on the property located at 25400 US Highway 19 N. The property currently contains four office buildings. The project will create one new lot for future commercial business use. The new lot will contain 4.5 acres MOL and the remainder of the property is left un-platted. This development was approved through the Development Review Committee on May 6, 2021. Page 1 City of Clearwater Printed on 9/14/2021 SURVEYOR'S CERTIFICATION: EBI Surveying LEGAL DESCRIPTION: SITE EBI Surveying Phone: (813) 886-6080 / Fax: (813) 886-6081 8415 Sunstate Street Tampa, Florida 33634 Certificate of Authorization Number: LB-7652 Email: ewb@ebisurvey.com CERTIFICATE OF APPROVAL OF COUNTY CLERK A N G E L F I S H A PORTION OF THE NORTHEAST 1/4 AND THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 28 SOUTH, RANGE 16 EAST, CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA □ □ SURVEYOR'S REVIEW FOR CONFORMITYCHAPTER 177, PART 1, FLORIDA STATUTES: CERTIFICATE OF APPROVAL OF THE CITY COUNCIL SHEET 1 OF 2 CITY MANAGER TURNBERRY POINTE, A CONDOMINIUMLOT 1 U N P L A T T E D L A N D U. S. HIGHWAY NO. 19(STATE ROAD 55)200' PUBLIC RIGHT-OF-WAYU N P L A T T E D L A N D CURVE TABLE LINE TABLE GRAPHIC SCALE 0 EBI 1 inch =40 Feet 404040NORTH (STATE PLANE)EBI Surveying Phone: (813) 886-6080 / Fax: (813) 886-6081 8415 Sunstate Street Tampa, Florida 33634 Certificate of Authorization Number: LB-7652 Email: ewb@ebisurvey.com LEGEND A N G E L F I S H A PORTION OF THE NORTHEAST 1/4 AND THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 28 SOUTH, RANGE 16 EAST, CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA SHEET 2 OF 2 US Hwy 19 NE US-19 FRONTAGE RD W US-19 FRONTAGE RD ENTERPRISE RD E ENTERPRISE RD McCORMICK DR CHAUTAUQUA AVE FINLANDIA LN VIL L A G E D R SECOND ST ENETHERLANDS DR FIRST ST EFRANCISCAN DR FLORENTINE WAY ECUADORIAN WAY CYPRESS BEND DR THIRD AVE S PERSIAN AVE FOURTH AVE S CAMDEN WAY FOURTH AVE N CAMDEN RD TAHITIAN LN LOCATION MAP PROJECTLOCATION ^ Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Angelfish Plat.mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale: Angelfish Plat Page: 1 of 18/5/2021Date: Legend Clearwater Service Area Area not in Clearwater Jurisdiction KVReviewed By:CRMMap Gen By:LakeChautauqua Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9579 Agenda Date: 9/16/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Authorize an increase to Contract 900566 and approve the service agreement addendum to Convergint Technologies, LTD of Schaumburg, IL in an amount of $375,000.00 for a new not to exceed amount of $881,392.22 for the period January 5, 2019 through January 3, 2024, pursuant to Request for Proposal (RFP) 32-18, Building Security Hardware and Software and authorize the appropriate officials to execute same. (consent) SUMMARY: On February 7, 2019, Council approved the award of RFP 32-18, Building Security Hardware and Software and service agreement with Convergint Technologies, LTD in an amount of $506,392.22. Convergint Technologies supplies, installs and maintains door security and access control solutions for City. Several new facilities have come online over the past 2.5 years, including the new Clearwater Gas Administration Building, Solid Waste Transfer Station and City Emergency Operations Center. Additionally, upgrades at the Clearwater Marina and Public Utilities Administration Building have used most of the contingency dollars within this contract. New projects expected to be in production within the next 24-30 months include Fire Station 46, Fire Station 47 and Clearwater Police District 3 Substation, as well as upgrades at the Public Utilities Facilities. Solid Waste will require most of the additional purchase authorization through 2023. Approximately $100,000 of the additional authorization will be used to begin the conversion of existing Schlage locks within city facilities to the new IP based standard of the Lenel card swipe system. APPROPRIATION CODE AND AMOUNT: Funds are available various department operating budgets and project codes for these projects. Page 1 City of Clearwater Printed on 9/14/2021 Addendum to CSP Terms and Conditions Dated January 1, 2019 between City of Clearwater (“Customer”) and Convergint Technologies LLC ("Convergint") This Addendum amends and supplements the CSP Terms and Conditions between Customer and Convergint with the effective date of January 1, 2019 (hereinafter, “Agreement”). Customer and Convergint agree to modify the Agreement as follows: 1. In the event of a conflict between the terms of the Agreement and the terms of any of the other documents referred to or incorporated into the Agreement, the terms of the Agreement shall control. 2. The last sentence of Section 13 shall be replaced with the following: “Customer shall indemnify and hold harmless Convergint, from and against all claims, lawsuits, damages, losses and expenses by persons not a party to this Agreement, but only to the extent caused by such monitoring or intrusion product or software provided by but not manufactured by Convergint. This indemnification shall not be construed as a waiver of Customer's sovereign immunity or any provision of §768.28, Florida Statutes. The value of this indemnification is limited to the limitations of §768.28, Florida Statutes. This indemnification is not intended to nor shall be interpreted as limiting or in any way affecting any defense Customer may have under §768.28, Florida Statutes or as consent to be sued by third parties.” This Addendum agreed to between Customer and Convergint is entered into this day and shall be incorporated into the original Agreement. City of Clearwater Convergint Technologies LLC By:_______________________________ Name:_____________________________ Title: _____________________________ By:_______________________________ Name:_____________________________ Title:_______________________________ Addendum to CSP Terms and Conditions Dated January 1, 2019 between City of Clearwater (“Customer”) and Convergint Technologies LLC ("Convergint") Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ Frank Hibbard Micah Maxwell Mayor Interim City Manager Approved as to form: Attest: ___________________________ ________________________________ Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9606 Agenda Date: 9/16/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Approve a contract with GeoNexus Technologies, LLC (GeoNexus) of Ann Arbor, MI for software licensing and maintenance of field mobility software and integration services in the amount of $286,831.20 for the period October 1, 2021 through September 30, 2024 pursuant to City Code of Ordinances Section 2.563(1)(a) Single Source and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater has used GeoNexus since 2015 to support field utility operations. GeoNexus provides field mobility software solutions for integration of the City’s GIS (geographic information systems) and Asset Management software systems. The City’s use of GIS and Asset Management software by field operations across multiple departments has increased significantly over the past six years. This software solution simplifies and streamlines the field experience by providing a single application from which field personnel can access and reference data from multiple existing systems. City infrastructure maintenance operations (including Gas, Water, Reclaimed Water, Urban Forestry, Stormwater and Water Pollution Control) perform thousands of tasks, both service order requests and maintenance work orders, over the course of a year. Improved efficiency of data access and data entry from the field will improve the quality of decisions and data entry. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 5559864-530300, contractual services, to fund this contract. Future years will be included in the department’s budget request. Page 1 City of Clearwater Printed on 9/14/2021 1 GEONEXUS® INTEGRATION PLATFORM SOFTWARE LICENSE AGREEMENT This Geonexus Integration Platform Software License Agreement (this “Agreement”) is made as of ____________________, 20__ (the “Effective Date”), between Geonexus Technologies L.L.C., a Michigan limited liability company with a place of business at 3005 Boardwalk Street, Suite 107, Ann Arbor, Michigan 48108 (“Geonexus”), and The City of Clearwater, a City with a place of business at 100 S. Myrtle Ave. Clearwater, FL 33756-5520, (“Customer”) (each of Geonexus and Customer, a “Party”; together, the “Parties”). 1 Definitions. 1.1 “Affiliate” means an entity where Customer owns or controls more than 50% of either the entity’s voting rights or the entity’s controlling body, but only for so long as this control continues to exist. 1.2 “Documentation” means the documentation pertaining to the use of the Software that is made available to Customer, as it may be updated from time to time by Geonexus. 1.3 “Fees” means license fees, subscription fees, and all other fees or charges arising under this Agreement. 1.4 “Software” means the software programs listed on Exhibit A, in object code only, and provided by Geonexus to Customer, including any Upgrades provided to Customer. 1.5 “Subscription Start Date” means, with respect to specific Software, the date on which Customer receives the software authorization keycode. 1.6 “Support” means the technical support services described in Exhibit B. 1.7 “Term” is defined in Section 5.1. 1.8 “Upgrades” means maintenance patches, new releases, or new versions for Software provided to Customer. 2 License Grants and Limitations. 2.1 Software License. Subject to all the terms and conditions of this Agreement, Geonexus hereby grants to Customer a nonexclusive, nontransferable, nonsublicensable license during the Term under Geonexus' intellectual property rights to use the Software identified on Exhibit A solely for its own internal business purposes and in accordance with the other restrictions in this Agreement. The Software may only be copied as may be necessary for backup purposes or to replace a defective copy. If Customer is unable to operate the Software due to an equipment malfunction, the Software may be transferred temporarily to other computer equipment during the period of equipment malfunction. 2.2 Documentation License. Subject to all the terms and conditions of this Agreement, Geonexus hereby grants to Customer a nonexclusive, nontransferable, nonsublicensable license during the Term under Geonexus' intellectual property rights to use and copy the Documentation in support of Customer’s licensed use of the Software. 2.3 Use by Affiliates. 2.3.1 Addendum. The Software and Documentation may be used by an Affiliate of Customer provided that prior to any use the Affiliate executes a mutually agreeable addendum to this Agreement by which the Affiliate agrees to be bound by the terms of this Agreement. 2.3.2 Customer Responsibility. Any use by a Customer Affiliate will be subject to the following: (a) Customer is responsible for the acts or omissions of its Affiliate as if they were Customer’s acts or omissions; and (b) the Affiliate’s use will not constitute a violation under any applicable export law or regulation. 2.4 Restrictions. 2.4.1 General. Customer acknowledges that the Software and Documentation contain valuable trade secret and confidential information of Geonexus. Customer shall take the actions necessary to fulfill its obligations under this Agreement by instruction or agreement with its employees or agents who are permitted access to the Software or Documentation. Customer shall only give access to the Software or Documentation on a need-to-know basis. 2.4.2 Proprietary Rights. Title to all patents, copyrights, trade secrets, and other proprietary rights in or related to the Software and Documentation (including all of their component parts) are and will remain the exclusive property of Geonexus. Customer will not acquire any right in the Software or Documentation except the limited rights specified in this Section 2, or take any action to challenge Geonexus proprietary rights. Geonexus will own all rights in any copy, translation, modification, adaptation, or derivative work of the Software, including any improvements, whether or not authorized by Geonexus, and Customer hereby assigns these rights to Geonexus. 2.4.3 No Implied Licenses. Any use, modification, or distribution of the Software or Documentation by Customer outside the scope of the express licenses granted in this Section 2 is prohibited. 21 August 3 2 2.4.4 No Reverse-Engineering. Customer shall not, and shall not knowingly permit others to: (a) modify the Software; or (b) decompile, reverse-engineer, disassemble, or otherwise attempt, directly or indirectly, to obtain or create source code for the Software; except that decompiling the Software is permitted solely to the extent the laws of Customer’s jurisdiction give Customer the right to do so to obtain information necessary to render the Software interoperable with other software, provided that Customer must first request this information from Geonexus and Geonexus may, in its sole discretion, either provide this information to Customer or impose reasonable conditions, including a reasonable fee, on this use of the Software to ensure that Geonexus proprietary rights in the Software are protected. 2.4.5 Unauthorized Distribution or Copying. Other than in accordance with this Agreement, Customer shall not, and shall not knowingly permit others to: (a) lease, license, sublicense, transfer, or assign any of its rights under this Agreement; (b) sell, rent, or distribute the Software, including providing access to the Software or using the Software to operate a service bureau or on a timesharing basis; or (c) use, copy, duplicate, or otherwise reproduce any part of the Software or Documentation. Any breach of this Section 2.4.5 is a material breach of this Agreement that is incapable of cure. 2.4.6 Required Proprietary Notices. Customer shall ensure that each copy it makes of the Software or Documentation contains the same proprietary notices as provided to Customer. 2.5 Reasonable Cooperation. Customer shall promptly provide to Geonexus all relevant facts in its possession upon becoming aware of a likelihood of infringement or other illegal use or misuse by any third party of the Software or any related intellectual property rights. Customer shall provide reasonable cooperation in any related suits and actions, at Geonexus request and expense. 3 Technical Support. Geonexus shall provide Support and Upgrades in accordance with Exhibit B. 4 Fees. 4.1 Prices. Customer shall pay the Fees for the Software as referenced on Exhibit A. 4.2 Payment Terms. All payments are due within thirty (30) days after the Subscription Start Date. For all amounts not paid when due, Customer shall pay an additional charge equal to one and one-half percent (1.5%) of these amounts per month or partial month until paid, except that these additional charges will not apply to unpaid amounts that Customer is disputing in good faith. Customer shall also reimburse Geonexus for all expenses incurred by Geonexus in exercising its rights under this Agreement or applicable law with respect to a default in payment by Customer, including reasonable legal fees and the fees of any collection agency retained by Geonexus. 4.3 Renewals. Geonexus shall provide an invoice for the renewal Fee at the then-current price at least sixty (60) days prior to the end of the current term. The applicable term will be renewed automatically for subsequent one-year terms upon Customer payment of the applicable invoice. 4.4 Taxes. All applicable transaction taxes, including sales and use taxes, value added taxes, privilege taxes, and other transactional charges such as duties, customs, tariffs, imposts, and government imposed surcharges (“Transaction Taxes”) will be paid by Customer, and are not included in Geonexus pricing. If Geonexus is required by law to collect Transaction Taxes from Customer and remit them to a taxing authority, Geonexus will separately state the Taxes on an invoice. Each Party is responsible for its own income taxes or taxes based on gross revenues or gross receipts. 4.5 Software Usage Audit. Upon Geonexus written request, Customer shall provide to Geonexus a signed certification (a) verifying the Software is being used in accordance with the terms of this Agreement; and (b) listing the locations in which the Software is run, number of users, number of CPUs, and any other information reasonably requested by Geonexus. Geonexus may, at Geonexus expense and not more than once annually, audit Customer’s use of the Software and compliance with this Agreement. The audit will be conducted during business hours and will not unreasonably interfere with Customer’s business activities. Customer shall provide Geonexus or its auditor with all reasonable information and assistance (including copies of related software) required to enable Geonexus to determine whether Customer is in compliance with this Agreement. If the audit reveals that Customer has underpaid Fees to Geonexus, Customer will be invoiced for the underpaid Fees based upon Geonexus’ price list at the time the Fees would have otherwise been incurred, together with interest at a rate of one and one-half percent (1.5%) per month or partial month until paid. If the audit reveals that Customer has underpaid Fees totaling five percent (5%) or more of the Fees due in any year, Customer shall reimburse Geonexus for all reasonable expenses associated with the audit. 5 Term and Termination. 5.1 Term. This Agreement commences on the Effective Date and continues until the end of the subscription term specified in Exhibit A, subject to renewal pursuant to Section 4.3 and early termination pursuant to Section 5.2 (the “Term”). 5.2 Termination. Either Party may terminate this Agreement for cause upon written notice if the other Party is in material breach of this Agreement 3 and fails to correct the breach within thirty (30) days after written notice. 5.3 Effect of Termination. Upon termination of this Agreement, all licenses granted to Customer will immediately terminate and Customer shall: (a) immediately cease using the Software and Documentation; and (b) certify to Geonexus in writing within thirty (30) days after termination that Customer has destroyed or returned to Geonexus the Software and Documentation and all copies remaining in Customer’s possession or control. This requirement applies to copies in all forms, partial and complete, and whether or not modified or merged into other materials. Termination of this Agreement by either Party will not limit a Party from pursuing any other remedies available to it, including injunctive relief, nor will termination release Customer from its obligation to pay all Fees that Customer has agreed to pay under this Agreement. The Parties’ rights and obligations under Sections 2.3.2, 2.4, 2.5, 4, 5, 6, 7, 8, 9, and 10 will survive termination of this Agreement. 6 Warranties. 6.1 Limited Warranty. Geonexus warrants that each unmodified copy of a Software product will substantially conform to Exhibit A and to the applicable Documentation at the time of delivery, when operated in accordance with the applicable user manuals. If Customer does not provide written notice to Geonexus of a claim for breach under this Section 6.1 within ninety (90) days after the Subscription Start Date with respect to a particular Software product, then its right to make a claim will terminate. The warranty under this Section 6.1 does not apply to subsequently delivered copies of the same Software product after this period has passed for the first copy delivered to Customer. 6.2 Remedies. For any breach of the warranty in Section 6.1, Geonexus shall exercise commercially reasonable efforts to modify the Software so that the applicable warranty is true and to deliver to Customer the modified Software, if any. If Geonexus concludes this modification is impracticable, then Geonexus will refund the Fees paid for the license of the nonconforming Software; but Customer must first return to Geonexus all copies of the applicable Software in Customer’s possession or control. This requirement applies to all copies in all forms, partial and complete, and whether or not modified or merged into other materials. 7 Disclaimers. 7.1 The express remedies in Section 6 constitute Customer’s exclusive remedies, and Geonexus’ sole obligation and liability, for any claim: (a) that any Software or other deliverable does not conform to specifications or is otherwise defective; or (b) that any services were performed improperly. 7.2 EXCEPT FOR THE WARRANTIES IN SECTION 6.1, WHICH ARE LIMITED WARRANTIES AND THE ONLY WARRANTIES PROVIDED TO CUSTOMER, THE SOFTWARE AND ANY SERVICES ARE PROVIDED “AS IS,” AND GEONEXUS MAKES NO ADDITIONAL WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO ANY SOFTWARE OR SERVICES, OR ANY MATTER WHATSOEVER. THE PARTIES DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT. 7.3 GEONEXUS DOES NOT WARRANT THAT THE SOFTWARE OR ANY SERVICES WILL MEET ANY CUSTOMER REQUIREMENTS NOT SPECIFIED IN THIS AGREEMENT, THAT THE SOFTWARE WILL OPERATE IN THE COMBINATIONS THAT CUSTOMER MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. IF CUSTOMER REQUESTS PRE-PRODUCTION (E.G., "ALPHA" OR "BETA") RELEASES OF SOFTWARE, THESE COPIES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND. 7.4 Except as may be done in accordance with Section 10.14, no statement by any Geonexus employee or agent, orally or in writing, will serve to create any warranty or obligation or to otherwise modify this Agreement. 8 LIMITATION OF LIABILITY. 8.1 EXCEPT WITH REGARD TO CLAIMS BASED UPON CUSTOMER’S BREACH OF SECTION 2.4, NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING FOR ANY LOSS OF PROFITS, SAVINGS, REVENUE, OR USE, DAMAGED OR LOST FILES OR DATA, OR BUSINESS INTERRUPTION) IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION OR CHARACTERIZATION OF THE DAMAGES, EVEN IF THE PARTY SOUGHT TO BE HELD LIABLE HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. GEONEXUS WILL NOT BE LIABLE FOR ANY DAMAGES FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR AGGREGATE LIABILITY TO CUSTOMER RELATING TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION OR CHARACTERIZATION OF THE DAMAGES, EXCEEDING THE AMOUNT OF FEES PAID BY CUSTOMER UNDER THIS AGREEMENT DURING THE ONE-YEAR PERIOD PRECEDING THE FIRST ACT GIVING RISE TO LIABILITY. NEITHER PARTY WILL BE LIABLE FOR ANY LOSS OR DAMAGES BASED ON ACTIONS OR OCCURRENCES THAT OCCURRED MORE THAN ONE YEAR BEFORE THE OTHER PARTY 4 PROVIDES NOTICE OF THE CLAIM. THESE LIMITATIONS OF LIABILITY ARE INDEPENDENT OF ANY EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY, AND WILL SURVIVE AND APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY SPECIFIED REMEDIES. 8.2 CUSTOMER ACKNOWLEDGES THAT THE FEES CHARGED UNDER THIS AGREEMENT REFLECT THE OVERALL ALLOCATION OF RISK BETWEEN THE PARTIES, INCLUDING BY MEANS OF THE LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES DESCRIBED IN THIS AGREEMENT. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND A MODIFICATION OF THESE PROVISIONS WOULD AFFECT SUBSTANTIALLY THE FEES CHARGED BY GEONEXUS. IN CONSIDERATION OF THESE FEES, CUSTOMER AGREES TO THIS ALLOCATION OF RISK AND HEREBY WAIVES ANY RIGHT, THROUGH EQUITABLE RELIEF OR OTHERWISE, TO SUBSEQUENTLY SEEK A MODIFICATION OF THESE PROVISIONS OR ALLOCATION OF RISK. 9 Indemnity. 9.1 Geonexus Intellectual Property Indemnity. Geonexus shall: (a) defend or, at its sole option, settle, at its own expense any suit, action, or proceeding brought against Customer by a third party claiming that the Software infringes any United States patent issued or any copyright or trade secret arising under the laws of any jurisdiction (an “IP Action”); and (b) pay damages finally awarded against Customer in the IP Action, or those monetary damages agreed to by Geonexus and the claimant in a monetary settlement of the IP Action; provided that Geonexus will be relieved of these obligations unless Customer: (c) gives Geonexus prompt written notice of the claim; (d) tenders to Geonexus sole control of the defense or settlement of the IP Action; and (e) cooperates with Geonexus in defending or settling the IP Action. If Geonexus receives notice of an allegation that any Software infringes a third party’s intellectual property rights, or if Customer’s use of any Software is enjoined as a result of infringement, Geonexus may, at its sole option and expense: (i) procure for Customer the right to continue using the Software; (ii) modify the Software so that it is no longer infringing; or (iii) replace the Software with other Software of equal or superior functional capability. If none of these actions are in Geonexus’ determination commercially feasible, Geonexus will have the right to terminate the license to that Software. If Geonexus terminates a Software license as described above: (1) Geonexus shall (A) for a perpetual license, refund the applicable Fees paid for the license of that Software, prorated over a straight-line five-year period and (B) for a subscription, refund the applicable Fees paid for the balance of the term; and (2) Customer shall immediately deliver to Geonexus all copies of that Software in Customer’s possession or control. This requirement applies to all copies in all forms, partial and complete, and whether or not modified or merged into other materials. Notwithstanding any other provision of this Agreement, Geonexus will not accept new orders for Software that is subject to a claim of infringement. 9.2 GEONEXUS IP INDEMNITY LIMITATIONS. THE RIGHTS GRANTED TO CUSTOMER UNDER SECTION 9.1 WILL BE CUSTOMER’S EXCLUSIVE REMEDY AND GEONEXUS’ SOLE OBLIGATION AND LIABILITY FOR ANY ALLEGED INFRINGEMENT OF A PATENT, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHT, INCLUDING MISAPPROPRIATION OF A TRADE SECRET. GEONEXUS HAS NO LIABILITY FOR ANY CLAIM OF INFRINGEMENT CAUSED BY: (A) MODIFICATION OF THE SOFTWARE WITHOUT THE APPROVAL OF GEONEXUS; (B) ANY CUSTOMER OR THIRD-PARTY APPLICATION OR OTHER TECHNOLOGY; (C) USE OF THE SOFTWARE IN CONNECTION OR IN COMBINATION WITH EQUIPMENT, DEVICES, OR SOFTWARE NOT PROVIDED BY GEONEXUS (BUT ONLY TO THE EXTENT THAT THE SOFTWARE ALONE WOULD NOT HAVE INFRINGED); (D) COMPLIANCE WITH CUSTOMER’S DESIGN REQUIREMENTS OR SPECIFICATIONS; (E) USE OF SOFTWARE OTHER THAN AS PERMITTED UNDER THIS AGREEMENT, OR IN A MANNER FOR WHICH IT WAS NOT INTENDED; OR (F) USE OR DISTRIBUTION OF OTHER THAN THE MOST CURRENT RELEASE OR VERSION OF THE SOFTWARE (IF THE INFRINGEMENT WOULD HAVE BEEN PREVENTED BY THE USE OF THIS RELEASE OR VERSION). 9.3 Customer Use Indemnity. Except with respect to infringement of third-party rights for which Geonexus is obligated to indemnify under Section 9.1, Customer shall defend at its own expense any suit, action or proceeding brought against Geonexus by a third party based on any claim arising in connection with Customer’s use of the Software (a “Use Action”), and Customer shall pay the damages incurred by Geonexus in the Use Action, or those damages agreed to in a settlement of the Use Action, and all reasonable attorney fees and costs of litigation. Geonexus shall: (a) notify Customer promptly in writing of the Use Action; (b) tender to Customer sole control of the defense or settlement of the Use Action at Customer’s expense, provided, however, Customer may not settle a Use Action in a manner that would have an adverse impact on the business of Geonexus 5 without receiving the prior written consent of Geonexus; and (c) cooperate and, at Customer’s expense, assist in the defense of the Use Action. Geonexus will have the right to participate at its own expense in any Use Action or related settlement negotiations using counsel of its own choice. This indemnification shall not be construed as a waiver of the Customer’s sovereign immunity of the limitations of §768.28, Florida Statutes. The value of this indemnification is limited to the lesser of the amount payable by Customer under the substantive provisions of this Agreement, or the limitations of §768.28, Florida Statutes. This provision is not intended to nor shall be interpreted as limiting or in any way affecting any defense Customer may have under §768.28, Florida Statutes or as consent to be sued by third parties. 10 General. 10.1 Export. Customer shall comply with all applicable export laws and regulations of the United States of America, the European Union, Australia, and other countries (“Applicable Export Laws”) and assure that no Software is: (a) exported, directly or indirectly, in violation of Applicable Export Laws; or (b) intended to be used for any purposes prohibited by the Applicable Export Laws, including nuclear, chemical, or biological weapons proliferation. The Parties shall not take any actions that would cause either Party to violate the U.S. Foreign Corrupt Practices Act or similar anti-corruption laws. 10.2 U.S. Government End Users. The Software and Documentation qualify as “commercial items,” as that term is defined at Federal Acquisition Regulation (“FAR”) (48 C.F.R.) 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as these terms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which this Agreement may be incorporated, Customer may provide to a government end user or, if this Agreement is direct, a government end user will acquire, the Software and Documentation with only those rights specified in this Agreement. Use of either the Software or Documentation or both constitutes agreement by the government that the Software and Documentation are “commercial computer software” and “commercial computer software documentation,” and constitutes acceptance of the rights and restrictions in this Agreement. 10.3 Notice. All notices under this Agreement, including notices of address change, must be in writing and will be deemed given when sent by (a) registered mail, return receipt requested, or (b) a nationally recognized overnight delivery service (such as Federal Express), to the President or General Counsel of the appropriate Party at the relevant address first listed above, or to a Party’s address as changed in accord with this Section. 10.4 Intentionally Omitted. 10.5 Severability. If a provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any law of a federal, state, or local government, the validity of the remaining provisions will remain in full force and effect. 10.6 Governing Law; Venue. This Agreement is governed by the laws of the State of Florida, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. All litigation related to this Agreement must be brought in a state or federal court located in Pinellas County, Florida, as permitted by law, except that Geonexus may elect to seek injunctive or similar relief in any court having jurisdiction over Customer. Customer hereby consents to the personal jurisdiction of these courts. 10.7 No Waiver. No failure to exercise, and no delay in exercising, any right will operate as a waiver; nor will any single or partial exercise of a right preclude any further exercise of that right or the exercise of any other right. The waiver by a Party of a breach of this Agreement will not constitute a waiver of any other breach. 10.8 Remedies Cumulative. Each remedy of a Party is cumulative with each other remedy contained in this Agreement and with all other remedies available to that Party at law, in equity, and otherwise, and no pursuit of any particular remedy will constitute an exclusive election of any particular remedy. 10.9 Assignment. Neither Party may assign or transfer, by merger, operation of law or otherwise, this Agreement or any right or duty under this Agreement to a third party without the other Party’s prior written consent, except that. Geonexus may transfer this Agreement, together with all of its rights and duties under this Agreement, to a successor entity if Geonexus is acquired, whether by equity or asset purchase, merger, corporate restructuring or reorganization, or the like. Any purported assignment or transfer in violation of this Section is void. 10.10 Independent Contractor; Use of Subcontractors. Geonexus is an independent contractor and nothing in this Agreement or related to Geonexus performance will be construed to create a joint venture relationship between Customer and Geonexus, or an employee relationship between Customer and any Geonexus employee or subcontractor. Geonexus may, in its discretion, utilize subcontractors to provide services under this Agreement. 10.11 No Third-Party Beneficiaries. This Agreement is an agreement between the Parties, and confers no rights upon any of the Parties’ employees, agents, contractors, or customers, or upon any other person or entity. 6 10.12 Construction of this Agreement. The word “including” is not intended to be exclusive and means “including, but not limited to.” The word “or” is not intended to be exclusive unless the context clearly requires otherwise. Each of the Parties and their counsel have carefully reviewed this Agreement, and, accordingly, no rule of construction to the effect that any ambiguities in this Agreement are to be construed against the drafting Party will apply in the interpretation of this Agreement. 10.13 Force Majeure. Except with regard to any obligation to pay money, neither Party will be held responsible for any delay or failure in performance caused by fire, flood, embargo, strike, labor dispute, delay or failure of any subcontract, telecommunications failure or delay, act of sabotage, riot, accident, delay of carrier or supplier, voluntary or mandatory compliance with any governmental act, regulation or request, act of God or by public enemy, or any act or omission or other cause beyond that Party’s reasonable control. If any of these events does occur, the time to perform an affected obligation will be extended by the length of time the event continues. 10.14 Entire Agreement. This Agreement together with the Exhibits, which are hereby incorporated in this Agreement, contain all the agreements, representations, and understandings of the Parties, and supersedes any previous understandings, commitments, representations or agreements, verbal or written, with respect to the subject matter of this Agreement. If there is any inconsistency between a term of this Agreement and a term on any exhibit, the term of this Agreement will govern. By executing this Agreement, the Parties are terminating the GeoWorx Software License Agreement dated May 25, 2018, between Customer and Geonexus, and Customer will no longer have any rights to the Software under that agreement. 10.15 Modification. This Agreement may not be modified or amended except in a written document signed by a duly authorized representative of each Party that expressly states the sections of this Agreement to be modified; no other act, usage, or custom will be deemed to amend or modify this Agreement. Each Party hereby waives any right it may have to claim that this Agreement was subsequently modified other than in accordance with this Section. 10.16 Purchase Orders. Customer may, for purposes of administrative convenience, use Customer’s standard form of purchase order to order Software. Any terms or conditions on a purchase order in any way different from or in addition to the terms and conditions of this Agreement will have no effect and Geonexus hereby rejects these terms and conditions. 10.17 Counterparts; Electronic Copies. This Agreement may be signed in one or more counterparts, each of which is an original, and all of which together constitute only one agreement between the Parties. Delivery of an executed counterpart by facsimile, electronic mail in portable document format (.pdf), or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, has the same effect as delivery of an executed original of this Agreement. 10.18 Public Records. Geonexus will be required to comply with Section 119.0701, Florida Statutes, as may be amended from time to time. IF GEONEXUS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO GEONEXUS’ DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. 10.19 E-Verify. Geonexus and its subcontractors shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. Geonexus will not enter into a contract with any subcontractor unless each party to the contract registers with and uses the E-Verify system. Subcontractor must provide Geonexus with an affidavit stating that subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Geonexus shall maintain a copy of such affidavit. Customer may terminate this Agreement on the good faith belief that Geonexus or its subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). If this Agreement is terminated pursuant to Florida Statute 448.095(2)(c), Geonexus may not be awarded a public contract for at least 1 year after the date this Agreement was terminated. Geonexus is liable for any additional costs incurred by Customer as a result of the termination of this Agreement. See Section 448.095, Florida Statutes (2020). 7 GEONEXUS TECHNOLOGIES L.L.C. Signature Name Title Countersigned: CITY OF CLEARWATER ____________________________ ____________________________ Frank Hibbard William B. Horne II Mayor Approved as to form: Attest: ____________________________ ____________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk William A. Heise President 8 EXHIBIT A Software Model Software Geonexus Integration Platform License Type Annual or Multi-Year Subscription Increase Data Volume Customers may increase the maximum record count by purchasing additional record blocks (500,000 records) at any time. The Geonexus Integration Platform is priced based on the total number of records, from each source system, that are processed by the Software. The Software tracks the number of records processed each time it runs and provides the volume details in a report. This provides Customer with transparency and understanding of the data volume processed. Geonexus offers several subscription plans to choose from so that users have the flexibility to select a plan that fits the current need, with the ability to upgrade or downgrade after the current subscription term. Software subscriptions include Software, online Documentation, and Support for the Term. Components Product Description Geonexus Integration Platform - Core The Geonexus Platform addresses data integration, application integration, and data quality, and includes a library of prepackaged connectors to leading enterprise systems for true “Plug-and-Play” integration. The software communicates with edge systems via vendor-supported Application Programming Interfaces (APIs) Geonexus Integration Platform – Esri Connector Prepackaged connector to support integration with Esri ArcGIS Geonexus Integration Platform – OUAF Connector Prepackaged connector to support integration with Oracle Utilities Applications GeoWorx Sync GeoWorx Sync is an out-of-the-box solution that synchronizes data between Oracle WAM and an Esri ArcGIS geodatabase in a loosely coupled model. GeoWorx Office GeoWorx Office is an insertable widget available through the Esri® ArcGIS Online platform. Using existing Esri map visualization and geoprocessing capabilities, GeoWorx Office provides a unified operating picture of infrastructure assets/features, service requests and work orders throughout the enterprise. GeoWorx Sketch GeoWorx Sketch is a field-friendly map sketch/mark-up tool, yet comprehensive redlining system used to enhance communication and collaboration throughout the enterprise. US Geonexus Integration Platform Pricing Pricing does not include sales tax Pricing increases by 3% per year for ECI Starter Essentials Professional Enterprise Enterprise Plus Up to 1,000,000 records Up to 3,000,000 records Up to 5,000,000 records Up to 10,000,000 records Beyond 15M Records US$20,412 US$46,170 US$68,040 US$87,480 Call Geonexus to speak with a Sales Representative about an Annual Subscription Annual Subscription Annual Subscription Annual Subscription 9 Additional Records Block of 500,000 Additional Records Block of 500,000 Additional Records Block of 500,000 Additional Records Block of 500,000 Enterprise License Agreement (ELA) US$10,206 US$7,695 US$6,804 US$4,374 Customer’s Purchase: Description Unit Qty. Total 36 Months Software Subscription, GeoWorx Sync/Geonexus Integration Platform, Essentials Package (supports synchronizing up to 3,000,000 records). Term 10/1/2021 to 9/30/2024. (Annual cost is $46,170) 36 Months Software Subscription, GeoWorx Office User License Cost. Term 10/1/2021 to 9/30/2024. (Annual cost is $64.80/user) 36 Months Software Subscription, GeoWorx Office Server License Cost. Term 10/1/2021 to 9/30/2024. (Annual cost is $10,798/server) 36 Months Software Subscription, GeoWorx Sketch User License Cost. Term 10/1/2021 to 9/30/2024. (Annual cost is $86.40/user) 36 Months Software Subscription, GeoWorx Sketch Server License Cost. Term 10/1/2021 to 9/30/2024. (Annual cost is $4,320/server) $138,510 $194.40 $32,394 $259.20 $12,960 1 227 1 227 1 $138,510.00 $44,128.80 $32,394.00 $58,838.40 $12,960.00 Sales Tax if applicable Total Due: $286,831.20 10 EXHIBIT B GEONEXUS INTEGRATION PLATFORM SUPPORT AND MAINTENANCE Geonexus shall provide the support services described in Section 1 below (the “Support”) and Upgrades as described in Section 2 below. 1. SUPPORT 1.1 TYPES OF SUPPORT. Geonexus shall provide the following types of Support for the Software during the “Principal Period of Support”, which is a nine-hour contiguous daily time period between the hours of 8:00 AM and 5:00 PM, ET, Monday through Friday, excluding Geonexus published holidays (see Schedule 2). 1.1.1 Telephone/Email Support. Geonexus technical staff shall attempt to answer questions and assist Customer in resolving issues related to the Software. 1.1.2 Remote Access Support. Geonexus shall access the Software to perform remote diagnostics, verification, and/or correction of issues. 1.1.3 Additional Support. For other support related activities that are not covered above, Customer may purchase Additional Support for the Software as described below in Section 4. 1.2 REQUESTING SUPPORT. Customer may request Support from Geonexus (“Customer Request”) during the Principal Period of Support. A Customer Request may be made in the following manner: 1.2.1 Telephone: Customer Requests can be made to 1-866-839-4993. 1.2.2 E-mail: Customer Requests to support@geo-nexus.com. 1.3 INFORMATION REQUIRED. Prior to making a Customer Request, Customer must gather information in sufficient detail to permit Geonexus to take appropriate action. Based upon the Severity Level, Geonexus may begin investigation before a complete notification is received provided Customer promptly provides Geonexus with the applicable information. Customer’s Authorized Contacts (Schedule 1) must provide the following information: • Customer Name • Authorized Contact Name • Contact Phone Number • Short Description of the Problem • Severity Level (as defined below) • Full text and code number of any error messages • When did the problem first occur? • Did this function/feature work prior to now? • Did any events/changes occur during the timeframe in which the problem first occurred? • Is the problem reoccurring? • What resolutions or troubleshooting steps have been tried and what were the results? 1.4 SEVERITY LEVELS. Customer shall initially assign one of four Severity Levels to a Customer Request, which may be subsequently changed by mutual agreement between Geonexus and Customer. Geonexus shall respond to the Customer Request based upon the Severity Level initially assigned by Customer. The Severity Levels are: 1.4.1 Severity Level 1: An unplanned outage of the Software in which the system crashes, hangs, loses data, or leaves the Software in a state that is not operational. 1.4.2 Severity Level 2: The Software is up and running but a major area of core functionality (non-administrative) is unavailable, no workaround exists, and a large percentage of users are impacted by the problem. 1.4.3 Severity Level 3: The Software is operational, major functional areas are available, and either (1) an error occurred within one of the features but the error does not prevent use of the essential functionality; or (2) a slight operational error or inconvenience occurred that impacts a small percentage of users; or (3) a general degradation in performance is experienced. 1.4.4 Severity Level 4: A minor issue related to usability, including text errors, screen or report alignment, incorrect colors, sorting errors on reports, etc. 1.5 RESPONSE TO CUSTOMER REQUESTS. Geonexus shall respond to Customer Requests as described below. 1.5.1 Acknowledge: Geonexus shall acknowledge the Customer Request and log the request in its Problem Reporting system. 1.5.2 Level of Effort: Geonexus shall address the Customer Request using a commercially reasonable level of effort that is commensurate with the Severity Level. 1.5.3 Status: Geonexus shall provide the Customer with status regarding the Customer Request based upon the Severity Level. For Severity Levels 1 and 2, Geonexus shall provide both verbal and written status. For Severity Levels 3 and 4, Geonexus shall provide either verbal or email status. 1.5.4 Circumvention: Geonexus’ first priority is to assist Customer in getting the Software operational. This may be accomplished through a correction, adjustment, temporary solution, reasonable work around, or patch if possible (“Circumvention”). If during the course of problem resolution one of these actions improves the condition of the problem, then the Severity Level will be changed to reflect the current situation. 1.5.5 Resolution: Issue “Resolution” means Geonexus has provided Customer with a New Version, New Release, or Maintenance Patch that contains a fix or written instructions that enable Customer to 11 correct the issue. Customer acknowledges that New Versions, New Releases, or Maintenance Patches for third party Software must come from the applicable third party and that Geonexus does not control the timing. If a Resolution cannot be accomplished in a timely manner and a temporary solution has been provided, Geonexus will then provide a long-term action plan describing its approach to resolving the Customer Request. 1.5.6 Guidelines: During the Principle Period of Support, Geonexus will use the following non-guaranteed guidelines to address Customer Requests. Severity Acknowledge Status Circumvention 1 2 hrs 8 hrs or as mutually agreed 48 hrs 2 4 hrs 16 hrs or as mutually agreed 96 hrs 3 8 hrs Upon Request N/A 4 16 hrs Upon Request N/A 2. SOFTWARE MAINTENANCE AND UPGRADES 2.1 Upgrades for Geonexus Software: Geonexus may release Maintenance Patches, New Releases or New Versions (each, as defined below) to correct issues, add updates, make adjustments, or provide improvements as described below. If Customer requests deployment assistance from Geonexus, Customer shall pay Geonexus the applicable Additional Support fee and Travel Expenses associated with the deployment. 2.2 Maintenance Patches: Geonexus may determine it is necessary to make modifications to the Software or related documentation that correct errors or deficiencies or are identified by Geonexus as mandatory changes to the Software. 2.3 New Releases: From time to time, as Geonexus sees fit, Geonexus may make changes or additions, other than Maintenance Patches or New Versions, to the Software or related documentation to support the systems with which the Software is designed to operate, to improve existing functions and performance, to provide other updates, or are identified by Geonexus as mandatory changes to the Software. 2.4 New Versions: From time to time, as Geonexus sees fit, Geonexus may make significant changes or additions, other than Maintenance Patches or New Releases, to the Software or related documentation that adds new functionality, or improve performance by changes in system design or coding. New Versions will not include, however, any changes or additions to Software that Geonexus does not make generally available to customers who are receiving Support, which shall instead constitute a "New Product." 2.5 Version.Release.Maintenance: is the numbering scheme for the Software, for example: 2.5.10, with 2 being the "Version," 5 being the "Release," and 10 being the "Maintenance” number. 3. SUPPORT FOR THIRD PARTY UPGRADES 3.1 Third Party Maintenance Patches: Third party vendors issue maintenance patches from time to time for products with which the Software work (the “Third Party Products”). These patches are intended to correct issues in the Third Party Products and should not impact the Software. Therefore, Geonexus does not perform any evaluation or testing of these patches in regards to the Software. 3.2 Third Party New Releases: If Customer determines a need to update to a Third Party Product new release, it will notify Geonexus of its intentions through a Customer Request. Geonexus shall then determine if an update to the Software is required. Geonexus shall notify Customer of the need to update or not. If Geonexus needs to update the Software, it shall do so within a commercially reasonable timeframe based upon the scope of effort required. 3.3 Third Party New Versions: Geonexus may, at its sole discretion, provide updates to Software to support new versions of applicable Third Party Products. If Customer requests Geonexus to update Software to support a Third Party Product new version, Customer shall pay Geonexus the applicable Additional Support fee and Travel Expenses associated with the update. 4. ADDITIONAL SUPPORT 4.1 Description. Customer may have a need for support that is not described above (“Additional Support”). This includes but is not limited to: 1. On-site support 2. Deployment assistance for Maintenance Patches, New Releases and New Versions 3. Updates to support New Versions of Third Party Products 4. Customer data issues, configuration issues, network/infrastructure issues, and connections to third party systems 5. Developer support for Customer 6. Enhancement requests associated with Software 7. Support outside of the Principal Period of Support 8. Training 4.2 Time and Material Support: Additional Support will be available to the Customer on an hourly time-and-material basis, provided in one (1) hour minimum 12 increments. Customer will be invoiced monthly for the Additional Support at the applicable Time and Material rates. 5. TRAVEL EXPENSES Customer approved travel and living expenses associated with providing Support, Upgrades or Additional Support (“Travel Expenses”) will be invoiced separately on a monthly basis as travel expenses are incurred. 6. CUSTOMER RESPONSIBILITIES Customer shall: 6.1 Identify three (3) authorized contact personnel, including a primary contact, for the purposes of receiving services under this Exhibit (see Schedule 1). Customer may change these authorized contacts by providing Geonexus written notice of the change. Geonexus will direct all official communications to the primary contact. 6.2 Provide Geonexus reasonable access to the Software to perform Support including remote access (via Internet, VPN, etc.) to perform remote Support. 6.3 Commit resources in a timely manner that are knowledgeable with the Software and related third party products (including databases, operating systems, networks, computers, and other equipment) to assist Geonexus while providing services hereunder. 6.4 Be responsible for installation, testing, and deployment of New Versions, New Releases, and Maintenance Patches in Customer’s development, test, and production environments. 6.5 Be responsible for charges incurred for communication facilities at the Customer's facilities, whether incurred by the Customer or by Geonexus representatives while performing services. 6.6 Be responsible for regular administration and maintenance of the Software, by a System Administrator trained in the operating system, database administration, and third party tools and applications purchased by Customer. 6.7 Perform all back-ups and ensure their accuracy. 6.8 Maintain up-to-date support contracts for all third party applications and hardware related to the Software. 7. SUPPORT LIMITATIONS 7.1 Geonexus obligations under this Exhibit apply to the Customer only. Geonexus has no obligation to provide any Support or other services to Customer’s customers, agents, or vendors. 7.2 Customer acknowledges that Geonexus does not provide help desk or similar services to Customer’s end users. 7.3 This Exhibit does not obligate Geonexus to provide on-site services, except to the extent that Geonexus believes on-site Support is necessary for it to fulfill its obligations under this Exhibit. 7.4 Support and Upgrades are contingent upon the use of unmodified Software, unless modifications were approved by Geonexus, operated in accordance with Geonexus documentation. Support specifically excludes the following: (1) Support to a version of the Software other than the current or immediate prior release; (2) efforts to restore a release of the Software beyond the current or immediate prior release; (3) efforts to restore Customer’s data. 7.5 Support for third party products is not included under this Exhibit. 7.6 Any Upgrades to third party products are provided by the applicable third party licensor. 7.7 Unless purchased as Additional Support, Geonexus is not responsible for the installation and testing of New Versions, New Releases, or Maintenance Patches. 7.8 Customer may reinstate lapsed Support (within 12 months), provided Geonexus continues to Support the applicable Software, by paying 125% of all Support fees then in arrears. Customer may exercise its right to reinstate lapsed Support no more than once without the written agreement of Geonexus. 13 Schedule 1 to Exhibit B Authorized Customer Contact Information Primary Contact Person Name: Title: Phone Number: Cell Number: E-mail address: Auxiliary Contact Person Name: Title: Phone Number: Cell Number: E-mail address: Auxiliary Contact Person Name: Title: Phone Number: Cell Number: E-mail address: 14 Schedule 2 to Exhibit B Geonexus Published Holidays New Year’s Day President’s Day Memorial Day Independence Day Labor Day Thanksgiving, and the day after Christmas Eve and Christmas Day 110357.000036 4827-7355-9283.1 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9608 Agenda Date: 9/16/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.14 SUBJECT/RECOMMENDATION: Authorize a purchase order with Verizon Wireless for basic cellular/smart phones and mobile data services in an amount of $225,000.00 for the period of October 1, 2021 through January 19, 2022, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) SUMMARY: City operating departments facilitate mobile services and field data collection with the use of mobile computing devices (phones, tablets, laptops, etc.) and wireless data connections (air cards) and cellular phones. All mobile/wireless services are aggregated and billed through the Information Technology Department. Verizon is being selected off of State contract for its quality of coverage and reliability within our service area. This award in the amount of $225,000.00 will be broken down as follows: $125,000.00: Cellular / smart phones $100,000.00: data cards for departments including Police Department’s patrol vehicles. The City currently has 698 cellular/smart phones in use and approximately 637 cellular data cards (280 for police patrol units). This is a piggyback off the State of Florida Department of Management Services Contract DMS-10/11-008C which is set to expire on 1/19/2022. APPROPRIATION CODE AND AMOUNT: 5559865-542100 - $125,000 5559862-530300 - $100,000 Page 1 City of Clearwater Printed on 9/14/2021 March 6, 2020 DMS-10/11-008C v1.6 Page 1 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Verizon Wireless Price Sheet State of Florida DMS-10/11-008C STATE OF FLORIDA CUSTOM PER UNIT PLANS AND FEATURES Custom State of Florida Nationwide Voice Per Minute Calling Plan The calling plan below reflects the monthly access charge discount. No additional discounts apply. 200 Text/Picture/Video Message Option 600 Mobile to Mobile Minutes (82587) No Domestic Roaming or Long Distance Charges 600 Night and Weekend Minutes (72711) SOFL Plan Number Monthly Access Charge Per Line Domestic Anytime Voice Allowance Minutes Per Month Domestic Anytime Voice Minutes Per Month Voice Per Minute Rate 1.19a through 1.23a (86680) $0.00 0 2,784,000 - 4,075,999 $0.049 Text, Picture & Video Messaging Per the applicable Custom State of Florida SMS/MMS Per Message Feature rate Domestic Data Sent or Received $1.99 per MB or per Data Package Notes: Conventional and Smartphone Devices Only. See attached Plan and Feature Details for important information about calling plans, features and options. 3G/4G Smartphones and 3G/4G Multimedia Phones require a data package. 4G service requires 4G equipment and 4G coverage. Must request SMS and/or MMS option to receive 200 included Text/Picture/Video messages option. PTT Plus service requires; PTT Plus feature, PTT Plus enabled device, and PTT Plus coverage. Pricing is based on the current State of Florida, Department of Management Services’ quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS-10/11-008C for further details. Custom State of Florida Nationwide Mobile Broadband Machine to Machine (M2M) Per Megabyte Calling Plan The calling plan below reflects the monthly access charge discount. No additional discounts apply. Data for Telemetry (M2M) devices only This plan may NOT be used for email SOFL Plan Number Machine to Machine (M2M) Monthly Access Charge Per Line Domestic Megabytes (MB) Allowance Per Month Domestic Megabytes (MB) Per Month Data Per Megabyte Rate 2.1a (86693) $0.00 0 1 - 999,999 $0.099 National Access Roaming per KB $0.002 (Canada) $0.005 (Mexico) Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Subscribers must supply their own authenticated Equipment (CPE) to be activated on these plans Pricing is based on the current State of Florida, Department of Management Services’ quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS- 10/11-008C for further details. March 6, 2020 DMS-10/11-008C v1.6 Page 2 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Custom State of Florida Nationwide Push to Talk Plus (PTT) Per Line Calling Plan or Feature The calling plan below reflects the monthly access charge discount. No additional discounts apply. Conventional (Basic) Device Plan Smartphone Device Feature SOFL Plan Number Monthly Access Charge Per Line Tier Domestic Anytime PTT Plus Lines Per Month Domestic Anytime Voice Allowance Minutes Per Month Conventional (Basic) Device Plan Smartphone Device Feature 2B.1 through 2B.18 (PTT+ 94976) $10.00 1 - 8,999 0 Per selected voice calling plan requirements Mobile to Mobile Calling Unlimited Data Sent/Received Per the data package selected or Per the voice calling plan. PTT Plus service requires PTT Plus enabled device and coverage. Pricing is based on the current State of Florida, Department of Management Services’ quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS- 10/11-008C for further details. Custom State of Florida Nationwide Push to Talk Plus (PTT) Per Line Calling Plan or Feature (INTEROPERABILITY) The calling plan below reflects the monthly access charge discount. No additional discounts apply. Conventional (Basic) Device Plan Smartphone Device Feature SOFL Plan Number Monthly Access Charge Per Line Domestic Anytime PTT Plus Lines Per Month Domestic Anytime Voice Allowance Minutes Per Month 2B.1 through 2B.18 (PTT+ 94976) $10.00 1 - 8,999 As a plan: 0 As a feature: Per the voice calling plan Mobile to Mobile Calling Unlimited Data Sent/Received Per the data package selected or Per the voice calling plan. PTT Plus service requires PTT Plus enabled device and coverage. PTT Plus Interoperability requires an Interoperability Gateway, PTT Plus enabled device, and coverage. Pricing is based on the current State of Florida, Department of Management Services’ quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS-10/11-008C for further details. Custom State of Florida SMS Per Message Feature The calling features below reflect the monthly access charge discount. No additional discounts apply. SMS (Text Messaging) SOFL Plan Number Monthly Access Charge Domestic Message Allowance Domestic Messages Per Month Per SMS Message Rate (Sent/Received) 3.1 through 3.13 (77847) $0.00 0 1 - 450,999 $0.02 SMS (Text) Messaging: Text Messaging includes Short Message Service (SMS up to 160 characters) and Enhanced Messaging Service (EMS up to 1120 characters). Enhanced Text Messages sent to most SMS handsets will be delivered as multiple Text messages of up to 160 characters each. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. Text Messaging plans do not include Operator Assisted Messaging or International Messaging, which is available for 25¢ per message sent and 20¢ per message received; see http://vtext.com for details and countries. Pricing is based on the current State of Florida, Department of Management Services’ quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS-10/11-008C for further details. March 6, 2020 DMS-10/11-008C v1.6 Page 3 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Custom State of Florida MMS Per Message Feature The calling features below reflect the monthly access charge discount. No additional discounts apply. MMS (Picture and Video Messaging) SOFL Plan Number Monthly Access Charge Domestic Message Allowance Domestic Messages Per Month Per MMS Message Rate (Sent/Received) 3.1 through 3.25 (77848) $0.00 0 1 - 1,608,999 $0.05 Multi-Media Messaging (MMS): Multi-Media Messaging (MMS) includes picture and video messaging and is only available within the National Enhanced Services Rate and Coverage Area. In addition, MMS messages are $0.25 per message, per address. In addition to the MMS per message charges, MMS uses calling plan Anytime Minutes or kilobytes. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. Text Messaging plans do not include Operator Assisted Messaging or International Messaging, which is available for 25¢ per message sent and 20¢ per message received; see http://vtext.com for details and countries. Pricing is based on the current State of Florida, Department of Management Services’ quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS-10/11-008C for further details. Custom State of Florida SMS Broadcast Per Message Feature The calling features below reflect the monthly access charge discount. No additional discounts apply. SMS Broadcast (Text) Messaging SOFL Plan Number Monthly Access Charge Domestic Message Allowance Domestic Messages Per Month Per SMS Message Rate (Sent/Received) 3B.1 through 3B.25 (77847) $0.00 0 1 – 130,999 $0.02 SMS (Text) Messaging: Text Messaging includes Short Message Service (SMS up to 160 characters) and Enhanced Messaging Service (EMS up to 1120 characters). Enhanced Text Messages sent to most SMS handsets will be delivered as multiple Text messages of up to 160 characters each. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. Pricing is based on the current State of Florida, Department of Management Services’ quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS-10/11-008C for further details. March 6, 2020 DMS-10/11-008C v1.6 Page 4 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. WIRELESS VOICE Custom State of Florida Voice Calling Plans The calling plans below reflect the monthly access charge discount. No additional discounts apply. Unlimited Night & Weekend Minutes SOFL Plan Number Domestic Anytime Minutes Conventional and Smartphone Devices Monthly Access Charge Overage Rate Domestic Voice Roaming (Outside Florida) 6.1a (86192) 250 $20.60 $0.041 $0.103 6.4a (86193) 600 $30.90 $0.041 $0.103 Data Sent or Received $1.99 per MB or per Data Package Optional Feature Domestic Push-to-Talk Plus $0.00 Notes: See attached Plan and Feature Details for important information about calling plans, features and options. 3G/4G Smartphones and 3G/4G Multimedia Phones require a data package. 4G service requires 4G equipment and 4G coverage. PTT Plus service requires PTT Plus enabled device and coverage. Custom State of Florida Unlimited Voice Calling Plan The calling plan below reflects the monthly access charge discount. No additional discounts apply. No Domestic Long Distance Charges SOFL Plan Number Domestic Anytime Allowance Minutes* Conventional and Smartphone Devices Monthly Access Charge Overage Rate Domestic Voice Roaming (Outside Florida) 6.6a(86194) Unlimited $41.20 N/A $0.103 (includes PTT+) Data Sent or Received $1.99 per MB or per Data Package Optional Feature Domestic Push-to-Talk Plus $0.00 Notes: See attached Plan and Feature Details for important information about calling plans, features and options. *Overage Rate applies after allowance. 3G/4G Smartphones and 3G/4G Multimedia Phones require a data package. 4G service requires 4G equipment and 4G coverage. PTT Plus service requires PTT Plus enabled device and coverage. Custom State of Florida Nationwide Voice Calling Plans The calling plans below reflect the monthly access charge discount. No additional discounts apply. Unlimited National Mobile to Mobile Calling Minutes No Domestic Roaming or Long Distance Charges Unlimited Night & Weekend Minutes SOFL Plan Number Domestic Anytime Allowance Minutes* Conventional and Smartphone Devices Monthly Access Charge Overage Rate Voice Roaming (Canada and Mexico) 6.1a(86195) 250 $25.75 $0.052 $0.69 6.4a (86196) 600 $36.05 $0.052 $0.69 Data Sent or Received $1.99 per MB or per Data Package Optional Feature Domestic Push-to-Talk Plus $0.00 Notes: See attached Plan and Feature Details for important information about calling plans, features and options. *Overage Rate applies after allowance. 3G/4G Smartphones and 3G/4G Multimedia Phones require a data package. 4G service requires 4G equipment and 4G coverage. PTT Plus service requires PTT Plus enabled device and coverage. March 6, 2020 DMS-10/11-008C v1.6 Page 5 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Custom State of Florida Unlimited Nationwide Voice Calling Plan The calling plans below reflect the monthly access charge discount. No additional discounts apply. SOFL Plan Number Domestic Anytime Allowance Minutes* Conventional and Smartphone Devices Monthly Access Charge Overage Rate Voice Roaming (Canada and Mexico) 6.6a (86197) Unlimited $51.50 N/A $0.69 (includes PTT+) Data Sent or Received $1.99 per MB or per Data Package Optional Feature Domestic Push-to-Talk Plus $0.00 Notes: See attached Plan and Feature Details for important information about calling plans, features and options. *Overage Rate applies after allowance. 3G/4G Smartphones and 3G/4G Multimedia Phones require a data package. 4G service requires 4G equipment and 4G coverage. PTT Plus service requires PTT Plus enabled device and coverage. Custom State of Florida All Inclusive Unlimited Nationwide Voice & Messaging Plan The calling plans below reflect the monthly access charge discount. No additional discounts apply. Conventional and Smartphone/BlackBerry Devices SOFL Plan Number Monthly Access Charge Per Line Nationwide Voice Allowance Domestic Tethering Allowance Overate Rate Unlimited Text, Picture, Video Messaging and Data 6.1d(86768-3G) $51.00 Unlimited 5GB $10.30/GB Included Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. 4G service requires 4G equipment and 4G coverage. Custom State of Florida All Inclusive Unlimited Nationwide Voice & Messaging Plan (Hotspot) The calling plans below reflect the monthly access charge discount. No additional discounts apply. Conventional and Smartphone/BlackBerry Devices SOFL Plan Number Monthly Access Charge Per Line Nationwide Voice Allowance 4G Domestic Hotspot/Tethering Overate Rate Unlimited Text, Picture, Video Messaging and Data 6.1d (86769-4G) $51.00 Unlimited 5GB $10.30/GB Included Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. 4G service requires 4G equipment and 4G coverage. March 6, 2020 DMS-10/11-008C v1.6 Page 6 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. WIRELESS DATA Custom State of Florida Aircard Data Plans The calling plans below reflect the monthly access charge discount. No additional discounts apply. Data for modem devices only SOFL Plan Number Monthly Access Charge Per Line Domestic Data Allowance Overage Rate Unlimited Text Messaging 6.1b(86226) $20.60 500MB $0.00849per MB Included 6.2b(86227) $25.75 1,000MB 6.3b(86228) $30.90 2,000MB 6.4b(86229) $36.05 Unlimited N/A Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. Custom State of Florida Smartphone Data Feature Packages The calling plans below reflect the monthly access charge discount. No additional discounts apply. Data for Smartphone devices only SOFL Plan Number Monthly Access Charge Per Line Domestic Data Allowance Overage Rate Unlimited Text and MMS messaging 6.6b(77294 and 79789) $15.45 500MB $0.00849 per MB Included* 6.7b(77295 and 79790) $20.60 1,000MB Exhibit 6B(79740 and 79791) $23.69 2,000MB Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. 4G service requires 4G equipment and 4G coverage. *Not included with the State of Florida Nationwide Custom Pooled Voice Services Plans. Custom State of Florida Smartphone Unlimited Data Feature Package The calling plan below reflects the monthly access charge discount. No additional discounts apply. Data for Smartphone devices only SOFL Plan Number Monthly Access Charge Per Line Domestic Data Allowance Overage Rate Unlimited Text and MMS messaging and tethering 6.8b(79407-4G and 79409-3G), (79781-4G and 79780-3G $32.96 Unlimited* N/A Included** Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. 4G service requires 4G equipment and 4G coverage. *Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be reached in any given billing cycle on any line. Data throughput speeds for additional usage will be limited for the remainder of the then- current bill cycle for the line(s) that exceed the 25 GB high-speed data usage threshold. We reserve the right to adjust data throughput limitation thresholds to as low as 5GB with prior written notice **Not available when bundled with the State of Florida Nationwide Custom Pooled Voice Services Plans. March 6, 2020 DMS-10/11-008C v1.6 Page 7 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Custom State of Florida BlackBerry Data Feature Packages The calling plans below reflect the monthly access charge discount. No additional discounts apply. Data for BlackBerry devices only SOFL Plan Number Monthly Access Charge Per Line Domestic Data Allowance Overage Rate Unlimited Text and MMS Messaging 6.10b(77294 and 79789) $15.45 500MB $0.00849per MB Included* 6.11b(77295 and 79790) $20.60 1,000MB Exhibit 6B(79740 and 79791) $23.69 2,000MB Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. 4G service requires 4G equipment and 4G coverage. *Not included with the State of Florida Nationwide Custom Pooled Voice Services Plans Custom State of Florida BlackBerry Unlimited Data Feature Package The calling plan below reflects the monthly access charge discount. No additional discounts apply. Data for BlackBerry devices only SOFL Plan Number Monthly Access Charge Per Line Domestic Data Allowance Overage Rate Unlimited Text and MMS messaging and tethering 6.12b(79407-4G and 79409-3G), (79781-4G and 79780-3G $32.96 Unlimited* N/A Included** Notes: See attached Plan and Feature Details for important information about calling plans, features and options. 4G service requires 4G equipment and 4G coverage. *Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be reached in any given billing cycle on any line. Data throughput speeds for additional usage will be limited for the remainder of the then-current bill cycle for the line(s) that exceed the 25 GB high-speed data usage threshold. We reserve the right to adjust data throughput limitation thresholds to as low as 5GB with prior written notice **Not available when bundled with the State of Florida Nationwide Custom Pooled Voice Services Plans Custom State of Florida Tablet/iPad Data Plans The calling plans below reflect the monthly access charge discount. No additional discounts apply. Data for Tablet/iPad devices only SOFL Plan Number Monthly Access Charge Per Line Domestic Data Allowance Overage Rate 6.13b(86226) $20.60 500MB $0.00849 per MB 6.14b(86227) $25.75 1,000MB 6.15b(86228) $30.90 2,000MB Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. 4G service requires 4G equipment and 4G coverage. Custom State of Florida Tablet/iPad Unlimited Data Plans The calling plan below reflects the monthly access charge discount. No additional discounts apply. Data for Tablet/iPad devices only SOFL Plan Number Monthly Access Charge Per Line Domestic Data Allowance Overage Rate March 6, 2020 DMS-10/11-008C v1.6 Page 8 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. 6.16b(86229) $36.05 Unlimited* N/A Notes: See attached Plan and Feature Details for important information about calling plans, features and options. 4G service requires 4G equipment and 4G coverage. *Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be reached in any given billing cycle on any line. Data throughput speeds for additional usage will be limited for the remainder of the then-current bill cycle for the line(s) that exceed the 25 GB high-speed data usage threshold. We reserve the right to adjust data throughput limitation thresholds to as low as 5GB with prior written notice Public Sector Mobile Broadband Share Plans: Government Subscribers Only The calling plans below reflect the monthly access charge discount. No additional discounts apply. Public Sector Mobile Broadband 5 Gigabytes 10 Gigabytes 20 Gigabytes Monthly Access Charge $34.99 (90237) $59.99 (90240) $99.99 (90241) Shared Domestic Data Allowance 5GB 10GB 20GB Overage Per Gigabyte $8.00 Per Gigabyte Note: This plan is available for domestic data only devices, on the Verizon Wireless network only. Data Sharing: At the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account beginning with the line with the lowest overage need. Plan changes may not take effect until the billing cycle following the change request. New activations on these service plans require 4G LTE devices. Existing customers transitioning to one of these service plans are able to utilize existing 3G devices. The 5GB, 10GB, and 20GB Public Sector Mobile Broadband Plans are able to share with each other. Custom State of Florida Mobile Broadband Connect Feature The calling feature below reflects the monthly access charge discount. No additional discounts apply. With a Mobile Broadband Connect capable Smartphone/BlackBerry devices only SOFL Plan Number Monthly Access Charge Per Line Domestic Data Allowance Per Minute Rate and Long distance 6.1f (76404-4G, 76405-3G) $10.00 Unlimited* Per the Voice Plan Notes: See attached Plan and Feature Details for important information about plans, features and options. Mobile Broadband Connect is currently available on select voice and data devices, and provides Mobile Broadband/NationalAccess service utilizing the device as a modem. A mobile office kit, VZAccess Manager Software, a cable for tethering and/ or a software update may be required. Bluetooth® is not supported with Mobile Broadband Connect. Feature may only be added onto an eligible plan coupled with a Custom State of Florida Smartphone or BlackBerry Data Feature Package (SOFL Plans 6.6b, 6.7b, 6.10b, 6.11b and Exhibit 6B). Per Minute Rate applies to voice calls, IS-95 and other non-NationalAccess data usage in the United States. For optional features, the underlying calling plan determines the rates for voice airtime, and domestic long distance. *Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be reached in any given billing cycle on any line. Data throughput speeds for additional usage will be limited for the remainder of the then-current bill cycle for the line(s) that exceed the 25 GB high-speed data usage threshold. We reserve the right to adjust data throughput limitation thresholds to as low as 5GB with prior written notice Custom State of Florida Nationwide Wireless PDA/BlackBerry Data Plan with MHS The calling plans below reflect the monthly access charge discount. No additional discounts apply. Data for PDA/BlackBerry devices only Monthly Access Charge Per Line Domestic Data Allowance with Mobile Hot Spot (MHS) Nationwide Calling Rate Unlimited Mobile to Mobile, Nights and Weekends, Text, Picture and Video Messaging $35.99(93445) Unlimited* $0.052 per minute Included Notes: See attached Plan and Feature Details for important information about calling plans, features and options. 4G service requires 4G equipment and 4G coverage. *Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be reached in any given billing cycle on any line. Data throughput speeds for additional usage will be limited for the remainder of the then-current bill cycle for the line(s) that exceed the 25 GB high-speed data usage threshold. We reserve the right to adjust data throughput limitation thresholds to as low as 5GB with prior written notice March 6, 2020 DMS-10/11-008C v1.6 Page 9 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Mobile Broadband Machine to Machine (M2M) Share Group 1 Plans - Low Usage The calling plans below reflect the monthly access charge discount. No additional discounts apply. Mobile Broadband Machine-to-Machine Plans 1 Megabyte 5 Megabytes 25 Megabytes 50 Megabytes 150 Megabytes Domestic Shared Data Allowance Per Month 1 MB (87640) 5 MB (87641) 25 MB (87642) 50 MB (87643) 150MB (87644) Monthly Access Charge $5.00 $7.00 $10.00 $15.00 $18.00 Overage Rate Per Megabyte $1.00 Mobile Broadband Machine to Machine (M2M) Share Group 2 Plans - High Usage The calling plans below reflect the monthly access charge discount. No additional discounts apply. Mobile Broadband Machine-to-Machine Plans 250 Megabytes 1 Gigabyte 5 Gigabytes 10 Gigabytes Domestic Data Allowance Per Month 250 MB (87645) 1 GB (87646) 5 GB (87647) 10 GB (87648) Monthly Access Charge $20.00 $25.00 $38.50 $61.60 Overage Rate Per Megabyte $0.015 Note: Machine to Machine coverage included the Verizon Wireless 4G, 3G and 3G Extended networks. See attached Calling Plan and Feature Details for important information about calling plans, features and options. Government Subscribers may supply their own authenticated Equipment (CPE) approved by Verizon Wireless to be activated on these plans. Netbook, Smartphone, and Tablet devices are not eligible for Mobile Broadband M2M pricing. 4G service requires 4G Telemetry equipment and 4G coverage. All terms and conditions of the Agreement apply to M2M service and M2M Lines as a Wireless Service. Customer may select either the Account Share or Multi-Account Share option on the Mobile broadband Machine-to-Machine (M2M) Share Plans. Machine to Machine Wireless Backup Router Plan This Plan is NOT eligible for Monthly Access Fee Discounts. Monthly Access Data Allowance Overage Rate $10.00 (86847-3G, 86848-4G) 25 MB $10.00 per GB Note: This plan is restricted to Verizon Wireless network use only; domestic and international roaming not available. Current data coverage details can be found at www.verizonwireless.com. 4G service requires 4G equipment and 4G coverage. Customer must maintain a minimum of five (5) active M2M Lines to be eligible for this plan. Customer must provide its own Equipment, approved for use on the Verizon Wireless network, when activating service on this plan. Not all wireless routers can be provisioned on this plan. This plan is approved for use as a backup solution for business continuity only and may not be used for primary connectivity. Verizon Wireless reserves the right to migrate lines on this plan to the standard 5 GB M2M Plan if usage on a line provisioned on this plan exceeds one GB for three consecutive bill cycles. Public Sector Mobile Broadband Machine to Machine (M2M) Share Plans: Government Subscribers Only The calling plans below reflect the monthly access charge discount. No additional discounts apply. Public Sector Mobile Broadband 5 Gigabytes 10 Gigabytes 20 Gigabytes Monthly Access Charge $34.99 (90231) $59.99 (90234) $99.99 (90235) Shared Domestic Data Allowance 5GB 10GB 20GB Overage Per Gigabyte $8.00 Per Gigabyte Note: This plan is available for domestic data only devices, on the Verizon Wireless network only. Data Sharing: At the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account beginning March 6, 2020 DMS-10/11-008C v1.6 Page 10 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. with the line with the lowest overage need. Plan changes may not take effect until the billing cycle following the change request. New activations on these service plans require 4G LTE devices. Netbook, Smartphone, and Tablet devices are not eligible for Mobile Broadband M2M pricing. Existing customers transitioning to one of these service plans are able to utilize existing 3G devices. The 5GB, 10GB, and 20GB Public Sector Mobile Broadband Machine to Machine Plans are able to share with each other. Custom Flat Rate Mobile Broadband - Government Government Subscribers Only This plan is not eligible for monthly access fee discounts. Monthly Access Fee $34.99 Domestic Data Allowance* Unlimited Overage Rate per KB NA NOTE: Subject to the Mobile Broadband terms and conditions; additional terms and conditions apply to Unlimited, Megabyte (MB), and Smartphone data Plans. Throughput speeds on the Custom Flat Rate Mobile Broadband will be limited up to 600kbps throughout the duration of each billing cycle while on the Verizon Wireless 4G network only. Data speeds are not guaranteed while on Extended or roaming partner networks. Devices utilized in conjunction with the Custom Flat Rate Mobile Broadband plan are limited to mobile (non-stationary) applications. Dedicated internet connections on stationary router devices and streaming video on stationary video surveillance cameras are expressly prohibited on this rate plan. Custom Mobile Broadband Plan II – Government Government Subscribers Only This plan is not eligible for monthly access fee discounts. Monthly Access Fee $44.99 Domestic Data Allowance Unlimited Overage Rate Per KB NA NOTE: Subject to the Mobile Broadband terms and conditions; additional terms and conditions apply to Unlimited, Megabyte (MB), and Smartphone data Plans. Verizon Wireless will limit throughput of data speeds should 30GB of data be used within a given bill cycle. Devices utilized in conjunction with the Custom Mobile Broadband Plan II are limited to mobile (non-stationary) applications. Data speeds are not guaranteed while on Extended or roaming partner networks. Dedicated internet connections on stationary router devices and streaming video on stationary video surveillance cameras are expressly prohibited on this rate plan. Custom 4G Unlimited Smartphone Plan for Public Sector State of Florida - Government Subscribers Only This plan is not eligible for additional monthly access fee discounts. Monthly Access Fee $50.00 Data Allowance1 Unlimited Mobile Hotspot2 Unlimited Monthly Anytime Minutes Unlimited Domestic Long Distance Toll Free Included Domestic and International Messaging Allowance3 Unlimited March 6, 2020 DMS-10/11-008C v1.6 Page 11 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Notes: No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. Usage outside of the United States will be billed at the international travel feature rate, if applicable, or pay as you go pricing, which can be found at www.verizonwireless.com/international. Only a 4G smartphone can be activated on this plan. 1After 10 GB of data usage on a line during any billing cycle, usage may be prioritized behind other customers in the event of network congestion. To ensure users are able to maximize their high-speed data use for business applications, video applications will stream at up to 480p. 2Mobile Hotspot is available on all capable devices and allows the line to share data allowance with multiple Wi-Fi enabled devices. If 10 GB of Mobile Hotspot data usage is exceeded on any line in any given billing cycle, Verizon Wireless will limit the data throughput speeds for additional usage for the remainder of the then-current billing cycle for the line that exceeds the data usage. 3Unlimited messaging from within the United States to anywhere in the world where messaging services are available. For other messaging rates go to www.verizonwireless.com. The “Custom 4G Unlimited Smartphone Plan for Public Sector – State of Florida Government” is eligible to use Travel Pass SPO code 383. Please visit https://www.verizonwireless.com/solutions-and-services/international/ March 6, 2020 DMS-10/11-008C v1.6 Page 12 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. GLOBAL SERVICES International Options Monthly Features: Mexico and Canada The calling features below reflect the monthly access fee discount. No additional discounts apply. International Options Monthly Features: Mexico and Canada 0 Voice Minutes 0 Voice Minutes 100 Voice Minutes 250 Voice Minutes 500 Voice Minutes Monthly Access Fee $10.00 (SPO 428) $20.00 (SPO 426) $15.00 (SPO 441) $30.00 (SPO 425) $25.00 (SPO 443 ) Monthly Access Fee less discount $10.00 $20.00 $15.00 $22.50 $18.75 Voice Overage Rate Pay Go $0.10/minute $0.05/minute Data Allowance1 100 MB 250 MB 100 MB 250 MB 1 GB Data Overage Rate After Allowance2 $10.00/100 MB $20.00/1 GB Messaging Allowance3 Pay Go 100 sent; unlimited incoming 250 sent; unlimited incoming 500 sent; unlimited incoming Messaging Overage Rate After Allowance2 Pay Go $0.10/Sent Message $0.05/Sent Message Notes: Current coverage details and additional information can be found at www.verizonwireless.com. 1The data allowance applies in Canada and Mexico only, where coverage is available. All data usage, including dedicated Mobile Hotspot, deducts from the same data allowance. Requires an eligible domestic data plan or feature and a International GSM capable device. 2The overage rate is not eligible for discounts. 3Multimedia messages (MMS) are included in the allowance, but incur data transport charges (deducts from the International data allowance). Pay Go rates for International Voice, International Messaging, and Data Roaming can be found at www.verizonwireless.com/International. This is a monthly feature and will be removed from the account one month after being added to an account. International Options Monthly Features : 140+ Countries The calling features below reflect the monthly access fee discount. No additional discounts apply. International Options Monthly Features: 140+ Countries 0 Voice Minutes 0 Voice Minutes 100 Voice Minutes 250 Voice Minutes Monthly Access Fee $25.00 (SPO 431) $50.00 (SPO 433) $40.00 (SPO 445) $85.00 (SPO 423) Monthly Access Fee less discount $18.75 $37.50 $30.00 $63.75 Voice Overage Rate Pay Go $0.25/minute Data Allowance1 100 MB 250 MB 100 MB 250 MB Data Overage Rate After Allowance2 $25.00/100 MB Messaging Allowance3 Pay Go 100 sent; unlimited incoming 250 sent; unlimited incoming Messaging Overage Rate After Allowance2 Pay Go $0.25/Sent Message Notes: Current coverage details and additional information can be found at www.verizonwireless.com. 1The data allowance applies in 140+Countries, where coverage is available. All data usage, including dedicated Mobile Hotspot, deducts from the same data allowance. Requires an eligible domestic data plan or feature and a International GSM capable device. 2The overage rate is not eligible for discounts. 3Multimedia messages (MMS) are included in the allowance, but incur data transport charges (deducts from the International data allowance). Pay Go rates for International Voice, International Messaging, and Data Roaming can be found at www.verizonwireless.com/International. This is a monthly feature and will be removed from the account one month after being added to an account. March 6, 2020 DMS-10/11-008C v1.6 Page 13 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. International Options Monthly Recurring Features: Mexico and Canada The calling features below reflect the monthly access fee discount. No additional discounts apply. International Options Monthly Recurring Features: Mexico and Canada 0 Voice Minutes 0 Voice Minutes 100 Voice Minutes 250 Voice Minutes 500 Voice Minutes Monthly Access Fee $10.00 (SPO 427) $20.00 (SPO 446) $15.00 (SPO 434) $30.00 (SPO 424) $25.00 (SPO 442) Monthly Access Fee less discount $10.00 $20.00 $15.00 $22.50 $18.75 Voice Overage Rate Pay Go $0.10/minute $0.05/minute Data Allowance1 100 MB 250 MB 100 MB 250 MB 1 GB Data Overage Rate After Allowance2 $10.00/100 MB $20.00/1 GB Messaging Allowance3 Pay Go 100 sent; unlimited incoming 250 sent; unlimited incoming 500 sent; unlimited incoming Messaging Overage Rate After Allowance2 Pay Go $0.10/Sent Message $0.05/Sent Message Notes: Current coverage details and additional information can be found at www.verizonwireless.com. 1The data allowance applies in Canada and Mexico only, where coverage is available. All data usage, including dedicated Mobile Hotspot, deducts from the same data allowance. Requires an eligible domestic data plan or feature and a International GSM capable device. 2The overage rate is not eligible for discounts. 3Multimedia messages (MMS) are included in the allowance, but incur data transport charges (deducts from the International data allowance). Pay Go rates for International Voice, International Messaging, and Data Roaming can be found at www.verizonwireless.com/International. This is a recurring feature and will remain on the account until removed. International Options Monthly Recurring Features: 140+ Countries The calling features below reflect the monthly access fee discount. No additional discounts apply. International Options Monthly Recurring Features: 140+ Countries 0 Voice Minutes 0 Voice Minutes 100 Voice Minutes 250 Voice Minutes Monthly Access Fee $25.00 (SPO 412) $50.00 (SPO 432) $40.00 (SPO 444) $85.00 (SPO 422) Monthly Access Fee less discount $18.75 $37.50 $30.00 $63.75 Voice Overage Rate Pay Go $0.25/minute Data Allowance1 100 MB 250 MB 100 MB 250 MB Data Overage Rate After Allowance2 $25.00/100 MB Messaging Allowance3 Pay Go 100 sent; unlimited incoming 250 sent; unlimited incoming Messaging Overage Rate After Allowance2 Pay Go $0.25/Sent Message Notes: Current coverage details and additional information can be found at www.verizonwireless.com. 1The data allowance applies in 140+ Countries, where coverage is available. All data usage, including dedicated Mobile Hotspot, deducts from the same data allowance. Requires an eligible domestic data plan or feature and a International GSM capable device. 2The overage rate is not eligible for discounts. 3Multimedia messages (MMS) are included in the allowance, but incur data transport charges (deducts from the International data allowance). Pay Go rates for International Voice, International Messaging, and Data Roaming can be found at www.verizonwireless.com/International. This is a recurring feature and will remain on the account until removed. March 6, 2020 DMS-10/11-008C v1.6 Page 14 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Global Data Optional Features The Data Packages are eligible for monthly access fee discounts and promotions, when available. Monthly Access Fee Allowance Rate per MB (Canada) Rate per MB (Mexico) Rate per MB (Rest of the World) N/A N/A $2.05/MB $5.12MB $20.48/MB Notes: Current coverage details and list of Global Data Countries can be found at www.verizonwireless.com/International. See Calling Plan Optional Features section for important information about calling plans, features and options. Applies to all global-capable phones and internet devices. Customer must subscribe to a domestic Mobile Hotspot plan to use the service globally. The majority of your monthly usage must be in the United States. All data usage, including tethering and hotspot, deducts from the same data allowance. March 6, 2020 DMS-10/11-008C v1.6 Page 15 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. ADDITIONAL WIRELESS FEATURES Custom State of Florida SMS/MMS Messaging Features The calling features below reflect the monthly access charge discount. No additional discounts apply. Text, Picture or Video Messaging for Conventional (Basic) and Smartphone devices only SOFL Plan Number Monthly Access Charge Per Line Domestic Message Allowance Overage Rate 6.1c(77328) $2.00 300 messages $0.05 per message 6.2c(77341) $3.00 500 messages 6.3c(77329) $7.00 Unlimited N/A Text Messaging: Text Messaging includes Short Message Service (SMS up to 160 characters) and Enhanced Messaging Service (EMS up to 1120 characters). Enhanced Text Messages sent to most SMS handsets will be delivered as multiple Text messages of up to 160 characters each. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. Overage Rate applies after allowance. Text Messaging plans do not include Operator Assisted Messaging or International Messaging, which is available for 25¢ per message sent and 20¢ per message received; see http://vtext.com for details and countries. Multi-Media Messaging (MMS): Multi-Media Messaging (MMS) includes picture and video messaging and is only available within the National Enhanced Services Rate and Coverage Area. In addition, MMS messages are $0.25 per message, per address. In addition to the MMS per message charges, MMS uses calling plan Anytime Minutes or kilobytes. Custom State of Florida Field Force Manager Features The calling plans below reflect the monthly access charge discount. No additional discounts apply. Conventional (Basic) Phone or Smartphone Limited Basic Pro* Monthly Access Charge $9.99 per user (75681 for Basic and Smartphone) $20.00 per user (76722 - Basic) (76637 – Smartphone) $25.00 per user (76723 - Basic) (76638 – Smartphone) Notes: Current coverage details can be found at www.verizonwireless.com. See attached Plan and Feature Details for important information about calling plans, features and options. Field Force Manager (”FFM”) Features may only be added onto a Custom State of Florida calling plan with a monthly access fee of $20.00 or higher. Data plan required. Requires a minimum 500 MB Data Package for Smartphones. FFM is available on select devices only. *FFM Pro is not available on all devices. If the Block Voice Feature is removed, a per minute rate of $0.25 shall apply for all voice calls. Downloading the FFM application requires approximately 2 MB (megabytes) of data. Push to Talk Plus License (PTT+): Government Subscribers Only Push to Talk License licenses are not eligible for any further discounts. Product Monthly Access Tablet $3.75 Inter-carrier (only any device) $3.75 3rd Party Web (HTML) API Client $3.75 Dispatch (License) Windows PC with PTT and mapping $22.50 Notes: Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for important information about calling plans, features and options. Push to Talk license only. Push to Talk Plus requires PTT+ capable device. March 6, 2020 DMS-10/11-008C v1.6 Page 16 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Land Mobile Radio (LMR) for PTT+ : Government Subscribers Only Push to Talk Plus service is required. LMR licenses are not eligible for any further discounts. Product Monthly Access LMR Channel per account $0.00 Notes: Customer may have multiple channels. LMR FEATURE Only (When added to a Basic/Smartphone Device with PTT+) Basic/Smartphone Devices (FEATURE) $4.50 (85280) Notes: LMR cannot be added to any device without Domestic Push to Talk Plus. Push to Talk Plus requires PTT+ capable device. LMR License bundled with PTT+ License Tablet $8.25 Inter-carrier (any device) $8.25 3rd Party Web (HTML) API Client $8.25 Notes: Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for important information about calling plans, features and options. Land Mobile Radio (LMR) Interoperability works with all PTT+ capable devices. To use PTT+, Customer needs a PTT+ feature (or a software license for tablets and dispatch) and a PTT+ compatible device. An Internet Protocol (IP) link is required to connect Verizon’s PTT+ service with the customer’s LMR network through the “IP Gateway”. By purchasing the Land Mobile Radio for PTT+ Customer consents to the tracking of Land Mobile Radio for PTT+ equipment and must obtain authorized consent to tracking from all users and affected persons. No guarantee of accuracy of information transmitted, disclosed, displayed or otherwise conveyed or used. Service could be interrupted or disrupted due to atmospheric conditions, inaccurate ephemeris data and other factors associated with use of satellites and satellite data. PTT+ LMR Interoperability Deployment Services. The below services provide for the integration and deployment of Verizon PTT+ with a customer’s LMR network based on either a ROIP (Radio Over IP) or ISSI (Inter Sub-System Interface) LMR network architecture. Radio Over Internet Protocol (ROIP) and Inter Sub-System Interface (ISSI) Virtual Deployment Additional Discounts Not to Apply for Virtual Deployments. *Virtual Deployment type Price Provided Via Email Provided Via Phone Project Management Configuration of Equipment Testing of Equipment Up to 4 Talk Groups Software Plan Id and Description Onetime Fee ROIP Assisted Virtual Deployment $2,500 Included Not Included Not Included Not Included Not Included Not Included 623458: PTT+/LMR Assisted Install: ONE TIME Onetime Fee ROIP Managed Virtual Deployment $8,000 Included Included Included Included Included Included 623459: PTT+/LMR Managed Remote: ONE TIME Onetime Fee ISSI Managed Virtual Deployment $25,000 Included Included Included Included Included Included 623461: PTT+/LMR Managed March 6, 2020 DMS-10/11-008C v1.6 Page 17 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Plus P25: ONE TIME Note: *Customer must select a type of Virtual Deployment; selection cannot be mixed and/or matched. Customer must also purchase separately a ROIP gateway and cables. Customer must physically install the gateway and provide Virtual Private Network (“VPN”) connectivity to the gateway. In addition, Customer must purchase an associated Land Mobile Radio (“LMR”) feature and associated authorizations. Virtual Deployments include on-boarding one single facility, accessible by Customer site to site VPN (Verizon Wireless will not go on-site for any Virtual Deployment). Warranty: Verizon Wireless makes no warranties, express or implied, with respect to ROIP or ISSI Virtual Deployment which it provides to Customer on an “AS IS” basis “WITH ALL FAULTS” and “AS AVAILABLE.” The accuracy, timeliness, completeness, suitability, or availability of any aspect of ROIP or ISSI Virtual Deployment cannot be guaranteed. THE IMPLIED WARRANTIES OF MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED IN THEIR ENTIRETY. ROIP Assisted Virtual Deployment Customer Requirements: Physical Installation and configuration. Access to add network elements to Customer’s network (IT administration). VPN turn up capability (IP Network expertise). Purchase and configure ROIP Gateway(s) and cables for connected LMR. Assign a single point of contact. Provide mobile radio for connectivity to each channel connected to ROIP Gateway(s). Assign individual to receive and program ROIP Gateway(s) (The customer must have an acute knowledge on how to program land mobile radio equipment). Provide VPN peer details. Virtual Deployment provided: ROIP Assisted Virtual Deployment is only provided via email. Requests for deployment assistance can be reached at KODVZLMRSupport@motorolasolutions.com. ROIP Assisted Virtual Deployment ends once a successful configuration and functional test occur: A successful configuration for ROIP and ISSI occurs when: • Backhaul connectivity successfully verified with IP gateway VPN • Two-way traffic observed inside backhaul interface • LMR Group Mobile Directory Number’s (MDN) ordered and recorded A successful functional test occurs when based on the following criteria: RoIP Virtual Deployment: • Verizon Push to Talk (PTT) Plus Service has LMR linked group published over the air to handsets • Verizon PTT Plus Service originated group calls to RoIP Gateway successful • RoIP Gateway originated group calls to Verizon PTT Plus Service successful ISSI Virtual Deployment: • Verizon PTT Plus Service has LMR linked group published over the air to handsets • Verizon PTT Plus Service originated group calls to ISSI Interconnect successful • Talker ID Alias of LMR Group MDN observed on Verizon Push to Talk Plus Service handsets when LMR User is speaking ROIP Managed Virtual Deployment and ISSI Managed Virtual Deployment March 6, 2020 DMS-10/11-008C v1.6 Page 18 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Virtual Deployment Includes: Working with Customer to engineer network segments for ROIP Engage with Customer on VPN solution completion Develop milestones Verify Customer is configured in PTT Plus Service Project manage critical milestones Finalize ROIP Gateway tuning settings including latency and call setup timers based on Customer’s network. Present final design Validate all configuration steps of the IP Gateway Define technical parameters for VPN Configure ROIP Gateway(s) Requests for managed deployment assistance can be reached at: Phone Requests: (469) 476-0820 Email Requests: KODVZLMRSupport@motorolasolutions.com. Customer Requirements: Customer shall be required to do the following: ROIP Managed Virtual Deployment and ISSI Managed Virtual Deployment end once a successful configuration and functional test occur: Assign a project Single Point of Contact. Provide mobile / portable radio for connectivity to each channel connected to ROIP Gateway(s). Backhaul Technology Selection. Manage schedule and report availability for turn up. Provide VPN Peer Details. Approve necessary authorizations to be billed to the account. Order IP Gateway. Review designs. Complete Site Survey Web Form. Provide resulting LMR Group MDN authorization numbers assigned in Enterprise Contact Management (ECM) Tool to Verizon. Physical Installation. Approve the one-time Virtual Deployment charges for managed install. Build Talk Groups in PTT+ online portal Enterprise Contact Management (ECM), including ROIP Gateway authorization. Configure VPN on local network to data center. Assign single point of contact for VPN configuration. Customer to confirm the required networking elements completed. Assign individual to receive ROIP Gateway(s). Configure network elements as needed (if sourced as a part of project). Access to add network elements to Customer’s network. Test and successfully complete calls between Push to Talk Plus Service and the LMR network. Purchase separately ROIP Gateway(s) and cables for connected LMR. March 6, 2020 DMS-10/11-008C v1.6 Page 19 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. A successful configuration for ROIP or ISSI occurs when: • Backhaul connectivity successfully verified with IP gateway VPN • Two-way traffic observed inside backhaul interface • LMR Group MDN(s) ordered and recorded A successful functional test occurs when based on the following criteria: RoIP Virtual Deployment: • Verizon PTT Plus Service has LMR linked group published over the air to handsets • Verizon PTT Plus Service originated group calls to RoIP Gateway successful • RoIP Gateway originated group calls to Verizon PTT Plus Service successful ISSI Virtual Deployment: • Verizon PTT Plus Service has LMR linked group published over the air to handsets • Verizon PTT Plus Service originated group calls to ISSI Interconnect successful • Talker ID Alias of LMR Group MDN observed on Verizon PTT Plus Service handsets when LMR User is speaking Digital Signage Service Fees include purchase costs of the Media Player and the Digital Signage service, which includes a software license and data, as set forth below. LTE Media Player Hardware Charge Frequency Description Hardware SKU Price One time LTE Media Player VZW090000280009 $450.00 includes shipping.* Taxes not included. *Shipping is ground 3 to 5 days. Digital Signage Service Fees Digital Signage Service1 The fees are NOT eligible for discounts. Plan** Monthly Software License Access Fee per Media Player Data Allowance Basic $40.00 Unlimited2 Premium $55.00 Unlimited3 Notes: The Digital Signage service is for use only in the United States on the Verizon Wireless 4G network. Coverage details and additional information can be found at www.verizonwireless.com. **Only a Media Player may be activated on the Digital Signage service. Voice calling and text messaging are blocked on this plan. If the voice block feature is removed, there will be a $0.25 per minute charge for voice calls. If the text messaging block is removed, default rates will apply. Detailed billing information will only be available online and the account will require its own unique log in credentials. 1Consists of the monthly software license fee, data and access to the Portal, which includes device management, mobile app, reporting and analytics, campaign scheduling, weather and news widgets, etc. March 6, 2020 DMS-10/11-008C v1.6 Page 20 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. 2Usage may be prioritized behind other customers in the event of network congestion. 3After 22 GB of data usage on a line during any billing cycle, usage may be prioritized behind other customers in the event of network congestion. Name ID Features The features below reflect the monthly access charge discount. No additional discounts apply Feature Monthly Access Share Name ID* $0.00 Company Name ID $1.99 per line Note: Depending upon the service provider and/or carrier to which the called party is subscribed, the called party may or may not be able to view the caller’s name. 1. *Share name ID requires Call Filter Plus (Formerly Known as Caller Name ID) to be on the called device for the name to display which costs $2.99 and also needs a contract amendment. Share name ID allows customer to customize name displayed across all devices on account. 2. Company Name ID requires Call Filter Plus (formerly known as Caller Name ID) to be on the called device for the name to display which costs $2.99 and also needs a contract amendment. Company Name ID sends custom name and custom number (personalized on each number) to devices enabled with Call Filter Plus. Users must be in My Business. Call Filter Plus Service Fees This feature is NOT eligible for monthly access fee discounts. Monthly Access Fee1 $2.99 Notes: Additional feature information can be found at www.verizonwireless.com. 1This feature can only be added onto an eligible device. Call Filter service is eligible for Android and iOS customers when they enroll and activate on a smartphone device. Call filter is not available on all call, all devices and in all areas. The Call Filter app is pre-loaded on most capable devices or can be downloaded from the app store. * Once enabled all lines have the ability to access call filter. Call filter features are billed separately; however, all supported options will appear and cannot be blocked. Call Filter Free Service This feature is NOT eligible for monthly access fee discounts. Monthly Access Fee1 $0.00 Notes: Additional feature information can be found at www.verizonwireless.com. 1This feature can only be added onto an eligible device. Call Filter service is eligible for Android and iOS customers when they enroll and activate on a smartphone device. Call filter is not available on all call, all devices and in all areas. The Call Filter app is pre-loaded on most capable devices or can be downloaded from the app store. * Once enabled all lines have the ability to access call filter. ** 4G LTE GSM/UMTS capable devices, require VoLTE/HD Voice. Call filter features are billed separately; however, all supported options will appear and cannot be blocked. March 6, 2020 DMS-10/11-008C v1.6 Page 21 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. ENHANCED SERVICES AND SOLUTIONS 4G Smartwatch with NumberShare1 Unlimited Plan - Government This plan is not eligible for monthly access fee discounts. Monthly Access Fee $10.00 (13413) Domestic Anytime Minutes Unlimited Domestic Data Allowance2 Unlimited Domestic and International Messaging Allowance3 Unlimited Notes: Current coverage details and additional plan information can be found at www.verizonwireless.com. This plan is for use only in the United States on the Verizon Wireless 4G network. When NumberShare is active on a 4G Smartwatch, certain services will not work on the Smartwatch device including: Call Forwarding, No Answer Transfer, Busy Transfer, Caller Name ID, Voicemail (access voicemail on the Smartwatch device by dialing the host smartphone number and pin)), and RingBack Tones. Calls and messages to/from blocked contacts will not be blocked on the Smarthwatch when NumberSharing with a host smartphone. Verizon does not guarantee that NumberShare will work at all times in every situation and the service works only with eligible devices. 1. Only lines on select smartwatches with the NumberShare service can be activated on this plan. Certain conditions must be met prior to activation. This plan can only be used when paired with a Verizon Wireless Smartphone that has unlimited data. 2. Usage may be prioritized behind other customers in the event of network congestion. 3. Unlimited messaging from within the United States to anywhere in the world where messaging services are available. Verizon Mobile Device Management (MDM): Government Subscribers Only Verizon MDM is not eligible for the monthly access charge discount. No additional discounts apply. Verizon MDM Feature Access Fee Enterprise Firmware Over the Air (FOTA) Management1 $0.00 (license requirement with service) Device Diagnostics2 $0.99 / per device per month Broadband Hotspot Management3 $1.49 / per device per month OR $15.00 / per device per year Unified Endpoint Management $1.00 / per device per month OR $10.00 / per device per year Notes: See attached Calling Plan and Feature Details for important information about calling plans, features and options. MDM supports select devices and operating systems and may require installation of a software agent. MDM features are billed separately; however, all supported options will appear and cannot be blocked. Due to a number of features that require HTML 5, Verizon MDM requires Internet Explorer Version 10 and above to work efficiently. 1 Enterprise Firmware Over the Air (FOTA) Management supports Android devices, including Jetpacks and USB devices. 2 Device Diagnostics supports Verizon Android devices operating on OS 4.0 and higher excluding Apple IOS and Google Pixel/Nexus Devices. 3 Broadband Hotspot Management currently supports the MiFi 7730L, AC791L, Jetpack MiFi 6620L, and USB730L. March 6, 2020 DMS-10/11-008C v1.6 Page 22 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. MobileIron Enterprise Mobility Management License Fees On-Premise (Core) (Minimum 500+ MI Core Licenses Required for initial order/installation) A discount has been applied. MobileIron Licenses and Installation services are not eligible for any further discounts. On-Premise (Core) (Software Subscription License) Annual Subscription License Bundle per Device with Direct Support Annual Subscription License Bundle per User with Direct Support (3 Devices per User) License Type Description/SKU Monthly Cost Annual Cost Description/SKU Monthly Cost Annual Cost Silver MobileIron Core (on-premise) EMM Silver Bundle per Device SKU: MICore Silver Per Device $3.00 $36.00 MobileIron Core (on-premise) EMM Silver Bundle per User SKU: MICore Silver Per User $4.50 $54.00 Gold MobileIron Core (on-premise) EMM Gold Bundle per Device SKU: MICore Gold Per Device $4.50 $54.00 MobileIron Core (on-premise) EMM Gold Bundle per User SKU: MICore Gold Per User $6.75 $81.00 Platinum MobileIron Core (on-premise) EMM Platinum Bundle per Device SKU: MICore Platinum Per Device $5.63 $67.50 MobileIron Core (on-premise) EMM Platinum Bundle per User SKU: MICore Platinum Per User $8.63 $103.50 On-Premise (Core) (Software Perpetual License) Annual Subscription License Bundle per Device and Direct Support Annual Subscription License Bundle per User and Direct Support (3 Devices per User) Type Description/SKU Monthly Cost Annual Cost One-Time Cost Description/SKU Monthly Cost Annual Cost One-Time Cost Silver License MobileIron Core (on- premise) EMM Silver per Device Perpetual License SKU: MICore Silver Per Device Perpetual License - - $56.25 MobileIron Core (on- premise) EMM Silver per User Perpetual License SKU: MICore Silver Per User Perpetual License - - $82.50 Silver Support (REQUIRED) Maintenance Support for MobileIron Core (on- premise) EMM Silver per Device Perpetual License SKU: Maintenance Support MICore Silver Per Device Perpetual License $0.94 $11.25 - Maintenance Support MobileIron Core (on- premise) EMM Silver per User Perpetual License SKU: Maintenance Support MICore Silver Per User Perpetual License $1.38 $16.50 - Gold License MobileIron Core (on- premise) EMM Gold per Device Perpetual License SKU: MICore Gold Per Device Perpetual License - - $82.50 MobileIron Core (on- premise) EMM Gold per User Perpetual License SKU: MICore Gold Per User Perpetual License - - $123.75 March 6, 2020 DMS-10/11-008C v1.6 Page 23 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Gold Support (REQUIRED) Maintenance Support MobileIron Core (on- premise) EMM Gold per Device Perpetual License SKU: Maintenance Support MICore Gold Per Device Perpetual License $1.38 $16.50 - Maintenance Support MobileIron Core (on- premise) EMM Gold per User Perpetual License SKU: Maintenance Support MICore Gold Per User Perpetual License $2.06 $24.75 - Platinum License MobileIron Core (on- premise) EMM Platinum per Device Perpetual License SKU: MICore Platinum Per Device Perpetual License - - $105.00 MobileIron Core (on- premise) EMM Platinum per User Perpetual License SKU: MICore Platinum Per User Perpetual License - - $157.50 Platinum Support (REQUIRED) Maintenance Support MobileIron Core (on- premise) EMM Platinum per Device Perpetual License SKU: Maintenance Support MICore Platinum Per Device Perpetual License $1.75 $21.00 - Maintenance Support MobileIron Core (on- premise) EMM Platinum per User Perpetual License SKU: Maintenance Support MICore Platinum Per User Perpetual License $2.63 $31.50 - PROFESSIONAL SERVICES On-Premise (Core) Installation1 Support and Maintenance Included License Type Description/SKU One-time Cost2 Silver MICore Silver Installation MI-PS-DEPLOY1 $3,000.00 Gold MICore Gold Installation MI-PS-DEPLOY2 $6,000.00 Platinum MICore Platinum Installation MI-PS-DEPLOY3 $8,000.00 MobileIron Remote Technical Product Training3 Remote Technical Product Training Up to six (6) hours of training on the features of MobileIron software (e.g. customization, configuration and support) typically divided into three 2-hour sessions. $1,500.00 Note. Customer must choose one License Type; selection cannot be mixed and/or matched. 1A minimum of 500 MobileIron licenses are required for On-Premise (Core) for initial order for new MobileIron Customers. 2On-premise (Core) requires integration and setup with backend systems. Installation charges are prepackaged services providing access to a Professional Services Engineer to assist customer in installing/integrating the MobileIron platform. Pricing above applies to the installation of up to 5,000 MobileIron licenses. If Customer installation requires more than 5,000 MobileIron licenses, MobileIron Premium Implementation Services may apply which provides advisory services and an implementation engineer at a cost of $25,000.00 to manage large scale deployments; alternatively, Customer may use its own installation services. 3Remote Technical Product Training (“Training”) does NOT include any installation or setup activities, project management of the Customer deployment, or roll out or implementation of Software. If Customer should need additional product training hours, additional charges apply. Training must be scheduled within 90 days of MobileIron license and services purchase and must be completed within 180 days of purchase (“Term”). Training costs are nonrefundable. March 6, 2020 DMS-10/11-008C v1.6 Page 24 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. MobileIron Enterprise Mobility Management License Fees Cloud (Minimum 25+ MI Cloud Licenses Required for initial order/installation) A discount has been applied. MobileIron Licenses and Installation services are not eligible for any further discounts. Cloud License Annual Subscription License Bundle per Device with Direct Support Annual Subscription License Bundle per User with Direct Support (3 Devices per User) License Type Description/SKU Monthly Cost Annual Cost Description/SKU Monthly Cost Annual Cost Silver MobileIron Cloud EMM Silver Bundle per Device SKU: MICloud Silver Per Device $3.00 $36.00 MobileIron Cloud EMM Silver Bundle per User SKU: MICloud Silver Per User $4.50 $54.00 Gold MobileIron Cloud EMM Gold Bundle per Device SKU: MICloud Gold Per Device $4.50 $54.00 MobileIron Cloud EMM Gold Bundle per User SKU: MICloud Gold Per User $6.75 $81.00 Platinum MobileIron Cloud EMM Platinum Bundle per Device SKU: MICloud Platinum Per Device $5.63 $67.50 MobileIron Cloud EMM Platinum Bundle per User SKU: MICloud Platinum Per User $8.63 $103.50 PROFESSIONAL SERVICES Cloud Installation1 Support and Maintenance Included License Type SKU One-time Cost2 Silver MICloud Silver Installation MI-PS-DEPLOY1-MICLOUD $1,500.00 Gold MICloud Gold Installation MI-PS-DEPLOY2-MICLOUD $3,000.00 Platinum MICloud Platinum Installation MI-PS-DEPLOY3-MICLOUD $4,000.00 MobileIron Remote Technical Product Training3 Remote Technical Product Training Up to six (6) hours of training on the features of MobileIron software (e.g. customization, configuration and support) typically divided into three 2-hour sessions. $1,500.00 Note. Customer must choose one License Type; selection cannot be mixed and/or matched. 1A minimum of 25 MobileIron licenses are required for initial Cloud order for new MobileIron customers. 2MICloud requires integration and setup with backend systems. Installation charges are prepackaged services providing access to a Professional Services Engineer to assist customer in installing/integrating the MobileIron platform. Pricing above applies to the installation of up to 5,000 MobileIron licenses. If Customer installation requires more than 5,000 MobileIron licenses, MobileIron Premium Implementation Services may apply which provides advisory services and an implementation engineer at a cost of $25,000.00 to manage large scale deployments; alternatively, Customer may use its own installation services. 3Remote Technical Product Training (“Training”) does NOT include any installation or setup activities, project management of the Customer deployment, or roll out or implementation of Software. If Customer should need additional product training hours, additional charges apply. Training must be scheduled within 90 days of MobileIron license and services purchase and must be completed within 180 days of purchase (“Term”). Training costs are nonrefundable. MobileIron Enterprise Mobility Management: Government Subscribers On-Premise and Cloud Managed Service Features All features are available on both On-premise and Cloud managed installations. Included features are determined by MobileIron License Type March 6, 2020 DMS-10/11-008C v1.6 Page 25 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Feature Functionality Included Features by License Silver Gold Platinum Apple DEP Supports Apple DEP (for iOS devices) ✓ ✓ ✓ Android for Work Supports AFW (on AFW enabled devices)  ✓ ✓ Samsung KNOX Integrates with Samsung KNOX (KNOX sold separately)  ✓ ✓ Email Access Secure Active Sync (all bundles) Divide PM (Gold/Platinum bundles for additional fee) ✓ ✓ ✓ Secure Enterprise Gateway (Sentry) In-line gateway that manages, encrypts, and secures traffic between the mobile device and back-end enterprise systems. (Requires user setup/installation) ✓ ✓ ✓ Apps@Work Enterprise App Store Basic Container ✓ ✓ ✓ Content Catalog Secure Doc catalog and publishing (basic content repository) 25 files/ 2MB each 50 files/ 25MB each Docs@Work Access, annotate and share documents from email, and on-premise management repositories  ✓ ✓ AppConnect Containerization of Application at Rest App wrapping AppConnect ecosystem (3rd Party applications already compatible with MobileIron container)  ✓ ✓ Web@Work Secure Browser Secure data in motion No VPN required  ✓ ✓ Tunnel iOS per App VPN native functionality   ✓ Help@Work Customizable app that enables screen sharing on device for trouble shooting for internal customer trouble shooting   ✓ Identity@Work MobileIron’s ability to proxy Kerberos allows iOS devices that are not on the corporate network to use iOS 7 SSO without needing to expose the Kerberos Key Distribution Center (KDC)   ✓ Service Connect Integrations ServiceNow integration to streamline IT workflows   ✓ Notes. Customer may purchase MobileIron, Inc. (“MobileIron”) licenses and services (“MobileIron Services”), to be billed by Verizon Wireless, at the prices listed above. Verizon Wireless is not the licensor of the MobileIron Services and makes no representations or warranties whatsoever, either express or implied, with respect to them. MobileIron Services are manufactured by MobileIron, Inc. Any license for MobileIron Services must be obtained directly from MobileIron either upon purchase or installation of the MobileIron Services. MobileIron Services are subject to MobileIron’s terms and conditions and can be viewed here: www.mobileiron.com/legal. Verizon Wireless will direct MobileIron to fulfill Customer’s MobileIron Services order. Customer support for MobileIron Services must be obtained directly from MobileIron, Inc. If Verizon Wireless in its sole discretion determines that an inquiry from a subscriber is related to MobileIron Services and is not one concerning Equipment or Wireless Service, it may transfer the service request to appropriate MobileIron representatives. March 6, 2020 DMS-10/11-008C v1.6 Page 26 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. MobileIron Enterprise Mobility Management Remote Technical Product Training: Government Subscribers MobileIron Remote Technical Product Training services are not eligible for discounts Includes up to six (6) hours of MobileIron software training Common Training Project Activities Session Activity Description Administrative Training Session 1 Administrative Training – Session 1: 1. MobileIron Architecture 2. Installation/Setup Review 3. MobileIron Admin Portal* 4. System Portal 5. User Management 6. Sentry Overview 7. High Availability Overview (if applicable) • Walk-through of the overall Software architecture • Review installation basics (review only - no installation activity) • Provide a deep dive into the administration portal features and functionality • Provide deployment and configuration set up best practices • Provide policy configuration guidance for common security, sync, and application control policies • Review setup options for Sentry and Core High Availability Administrative Training Session 2 Administrative Training – Session 2: 1. Device Registration/Management Details* 2. Common Troubleshooting Steps • Provide a deep dive into registering users and the user management tools • Review the most common troubleshooting tips and tricks MobileIron administrators and help- desk staff members encounter during the operational rollout Help Desk Training Help Desk Training: 1. MobileIron Architecture 2. UI Basics 3. MobileIron Policies 4. User Management 5. Device Registration/Management Details* • The same topics as above, but covered for the help desk audience supporting, rather than administering, the MobileIron application March 6, 2020 DMS-10/11-008C v1.6 Page 27 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Canvas Canvas is a service that helps you replace paper forms and processes with efficient mobile business apps and forms to save money and time on data collection. Canvas offers 3 plans: Startup Business and Professional. Customers can only select one of the plans at a time (e.g. cannot mix plans on the same account.) Monthly or annual subscription available. Item Name Canvas Startup Canvas Business Canvas Professional Number of Users Supported 1 - 5 Unlimited Unlimited Monthly Service Fee $15.00 $25.00 $35.00 Annual Service Fee $156.00 $264.00 $372.00 Canvas Features Features Startup Business Professional Form Submissions Unlimited Unlimited Unlimited 3rd Party Cloud Integration ✓ ✓ ✓ App Builder ✓ ✓ ✓ PDF Designer ✓ ✓ ✓ Email/Chat Support ✓ ✓ ✓ Mobile and Web Editing ✓ ✓ Phone Support ✓ ✓ Dispatch ✓ ✓ Submission Status ✓ ✓ HIPPA Compliance ✓ ✓ Dedicated Support Representative ✓ Dispatch Scheduling ✓ Advanced Password Management ✓ Webservices ✓ Work flow ✓ Canvas Connect ✓ Products shown or referenced are provided by Canvas, a Verizon Partner Program Member, which is solely responsible for the representations and the functionality, pricing and service agreements. Canvas can connect to several different systems including cloud based and server based applications. Customer may purchase Canvas licenses and services (“Canvas Services”), to be billed by Verizon Wireless, at the prices listed above. Verizon Wireless is not the licensor of the Canvas Services and makes no representations or warranties whatsoever, either express or implied, with respect to them. Canvas Services are manufactured by Canvas Solutions, Inc. Any license for Canvas Services must be obtained directly from Canvas either upon purchase or installation of the Canvas Services. Canvas Services are subject to Canvas’ terms and conditions and can be viewed here: https://www.gocanvas.com/content/about-us/policy/. Verizon Wireless will direct Canvas to fulfill Customer’s Canvas Services order. Customer support for Canvas Services must be obtained directly from Canvas Solutions, Inc. If Verizon Wireless in its sole discretion determines that an inquiry from a subscriber is related to Canvas Services and is not one concerning Equipment or Wireless Service, it may transfer the service request to appropriate Canvas representatives. March 6, 2020 DMS-10/11-008C v1.6 Page 28 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Samsung Knox Workspace Knox Workspace is an on-device container that isolates business applications and data from personal ones with government-grade security. Knox Workspace also provides enhanced granular controls over device features to enterprise IT administrators. Requires an additional MDM/EMM (like Knox Premium) to manage the container. Manage the container by integrating Knox IT policies with your existing MDM solution. Only available for Samsung Devices. Subscription Monthly (Month to month) 1 – Year Term (Paid in advance) 2 – Year Term (Paid in advance) License Fee $2.70 $32.40 $64.80 SKU# Knox Workspace - Monthly Knox Workspace - 1-Year Knox Workspace - 2-Year Knox Customization Knox Customization is a comprehensive set of tools and services that allow businesses to customize and deploy end-to-end mobile solutions. Transform Samsung devices into purpose-built solutions for any industry. *Requires upfront proof of device ownership. One Time Charge $3.00/per license Samsung Knox Solutions KnoxTM is Samsung’s mobile device defense-grade security platform. The Knox Platform services multiple user segments through three separate offerings. Samsung Knox Premium is cloud-based device management that allows users to securely manage the business side of corporate devices. Samsung Knox Workspace, another offering, is an enterprise device container that acts as a secure and productive environment for work data and apps. Package Name Samsung Knox Premium Samsung Knox Workspace Target Audience SMB & Enterprise with basic security needs Enterprise, Government & Regulated Industries Components End-to-end secure mobile platform bundled with Samsung cloud EMM for device management ✓ Works on both Android and iOS ecosystems ✓ Knox container with essential policy controls ✓ ✓ SAMSUNG Knox FOR ENTERPRISE Samsung Knox Premium Knox Premium is a cloud-based cross-platform enterprise mobility management solution combined with an on- device secure container for Samsung devices. Subscription Monthly (Month to month) 1 – Year Term (Paid in advance) 2 – Year Term (Paid in advance) License Fee $0.75 $9.00 $18.00 SKU# Knox Premium EMM - Monthly Knox Premium EMM - 1- Year Knox Premium EMM - 2-Year March 6, 2020 DMS-10/11-008C v1.6 Page 29 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Knox Workspace container with expanded and advanced policy controls ✓ IT Admin management of employee devices ✓ Enterprise can black list/white list apps within the Knox Workspace container ✓ Can manage VPN profiles in Knox Workspace container ✓ Customer may purchase SAMSUNG Knox FOR ENTERPRISE licenses and services (“Knox Services”), to be billed by Verizon Wireless, at the prices listed above. Verizon Wireless is not the licensor of the Knox Services and makes no representations or warranties whatsoever, either express or implied, with respect to them. Knox Services are manufactured by Samsung Electronics Co., Ltd. (“Samsung”). Any license for Knox Services must be obtained directly from Samsung either upon purchase or installation of the Knox Services. Knox Services are subject to Knox Services’ terms and conditions and can be viewed here: https://www.samsungknox.com/en/eula. Verizon Wireless will direct Knox Services to fulfill Customer’s Knox Services order. Customer support for Knox Services must be obtained directly from Samsung. If Verizon Wireless in its sole discretion determines that an inquiry from a subscriber is related to Knox Services and is not one concerning Equipment or Wireless Service, it may transfer the service request to appropriate Knox Services representatives. IBM® MaaS360® Enterprise Mobility Management (EMM) Unified Endpoint Management (UEM) IBM MaaS360 Unified Endpoint Management License Fees A discount has been applied. IBM MaaS360 UEM Licenses and services are not eligible for any further discounts. IBM MaaS360 UEM offers a comprehensive, highly secure platform that manages and protects Devices and Things (smartphones, tablets, laptops, desktops,), People and Identity (authentication, authorization, Single Sign On, secure use access), Apps and Content combined with cognitive technology. Subscription License Bundle: per Device (One (1) license per device) Subscription License Bundle: per User (One (1) license per single user with multiple devices) License Type Description/SKU Monthly Cost Annual Cost Description/SKU Monthly Cost Annual Cost Essential EMM Essentials Suite Per Device License SKU: D1P3GLL (Monthly/Annual) $2.25 $27.00 EMM Essentials Suite Per User SKU: D1P3ILL (Monthly/Annual) $4.50 $54.00 Deluxe EMM Deluxe Suite Per Device License SKU: D1P3LLL (Monthly/Annual) $3.75 $45.00 EMM Deluxe Suite Per User License SKU: D1P3NLL (Monthly/Annual) $7.50 $90.00 Premiere EMM Premier Suite Per Device SKU: D1P3RLL (Monthly/Annual) $4.69 $56.25 EMM Premier Suite Per User License SKU: D1P3TLL (Monthly/Annual) $9.38 $112.50 Enterprise EMM Enterprise Suite Per Device $6.75 $81.00 EMM Enterprise Suite Per User License $13.50 $162.00 March 6, 2020 DMS-10/11-008C v1.6 Page 30 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. SKU: D1P3WLL (Monthly/Annual) SKU: D1P3YLL (Monthly/Annual) Additional UEM License Options License Type Description/SKU Monthly Cost Annual Cost Laptop Location Laptop Location SKU: D1AM8LL (Monthly/Annual) $0.38 $4.50 IBM MaaS360 UEM Service Features Included features are determined by IBM MaaS360 UEM License Type Feature Functionality Included Features by License Essential Deluxe Premier Enterprise Device Management Manage smartphones, tablets & laptops featuring iOS, Android, Windows 10 Mobile, Windows 7, Windows 10 & macOS ✓ ✓ ✓ ✓ App Management Deploy custom enterprise app catalogs Blacklist, whitelist & require apps ✓ ✓ ✓ ✓ Patch and Update Management Identify & report on missing OS patches Schedule distribution and installation of Windows OS & macOS patches ✓ ✓ ✓ ✓ Identity Management Single sign-on & touch access Conditional access to trusted devices Identity federation with apps ✓ ✓ ✓ ✓ Advisor Improve IT operational efficiency by applying best practices & learning from industry & peer benchmarks ✓ ✓ ✓ ✓ Container App A separate, corporate mobile workplace for iOS, Android & Windows Productivity apps for work in one place ✓ ✓ ✓ ✓ Mobile Expense Management Monitor mobile data usage with real-time alerts Set policies to restrict or limit data & voice roaming ✓ ✓ ✓ ✓ Secure Mobile Email Contain emails, attachments & chat to prevent data leakage Enforce authentication, copy/paste & forwarding restrictions FIPS 140-2 compliant, AES-256 bit encryption for data at res  ✓ ✓ ✓ Secure Mobile Chat Contain all chat mobile conversations and data Establish quick connections via corporate directory lookup  ✓ ✓ ✓ OS VPN Leverages the hosted MaaS360 Certificate Authority to issue authentication certs Deployed alongside your corporate VPN solution   ✓ ✓ Secure Browser A feature-rich web browser for secure access to intranet sites Define URL filters & security policies based on categories Block known malicious websites   ✓ ✓ Gateway for Browser Enable MaaS360 Secure Mobile Browser to access enterprise intranet sites, web apps & network resources   ✓ ✓ March 6, 2020 DMS-10/11-008C v1.6 Page 31 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Access seamlessly & securely without needing a VPN session on mobile device Content Management Enforce authentication, copy/paste & view-only restrictions   ✓ ✓ Gateway for Documents Secure access to internal files: e.g., SharePoint & Windows File Share   ✓ ✓ App Security Enforce authentication & copy/paste restrictions   ✓ ✓ Gateway for Apps Add per app VPN to Application Security to integrate behind-the-firewall data in private apps   ✓ ✓ Mobile Document Editor Create, edit & save content in a secure, encrypted container    ✓ Mobile Document Sync Restrict copy/paste & opening in unmanaged apps Store content securely, both in the cloud & on devices    ✓ Mobile Threat Management Detect and analyze mobile malware on compromised devices Automate remediation via near real-time compliance engine Take action on jailbroken/rooted devices over- the-air    ✓ Notes. Customer may purchase IBM MaaS360 software licenses and services (“IBM MaaS360 Services”), to be billed by Verizon Wireless, at the prices listed above. Verizon Wireless is not the licensor of the IBM MaaS360 Services and makes no representations or warranties whatsoever, either express or implied, with respect to them. IBM MaaS360 Services are manufactured by International Business Machines Corporation, Inc. Any license for IBM MaaS360 Services must be obtained directly from IBM MaaS360 either upon purchase or receipt of notification from IBM of access to IBM MaaS360 Services. IBM MaaS360 Services are subject to IBM MaaS360’s terms and conditions and can be viewed here: http://www-03.ibm.com/software/sla/sladb.nsf/sla/saas. Verizon Wireless will direct IBM MaaS360 to fulfill Customer’s IBM MaaS360 Services order. Customer support for IBM MaaS360 Services must be obtained directly from International Business Machines Corporation, Inc. If Verizon Wireless in its sole discretion determines that an inquiry from a subscriber is related to IBM MaaS360 Services and is not one concerning Equipment or Wireless Service, it may transfer the service request to appropriate IBM MaaS360 representatives. Networkfleet Service Options for State of Florida The Service Options below have been discounted. No additional discounts apply. Service Options Purchase Cost 5200-GPS Only $17.00 5500-Diagnostics + GPS $19.00 H6100 Expressfleet $13.86 AssetGuard BX Non-Powered Asset Tracking $13.00 Connect $2.95 Customizable Update Rates (“CUR”) 1 Minute $0.00 Customizable Update Rates (“CUR”) 45 Seconds $1.00 Customizable Update Rates (“CUR”) 30 Seconds $2.00 Customizable Update Rates (“CUR”) 15 Seconds $3.00 Satellite $34.95 Data Services $0.00 Notes: Only one Hardware tier and one Service tier per Customer Account. Must be on a 12 month service agreement. Applicable taxes are not included in the above pricing. Any applicable taxes will be applied to the billing invoice. Additional terms & conditions apply to Networkfleet Service that are subject to review by end user government agencies. Customizable Update Rates (CUR). Authorized registered user may change a device update rate through the Self Service Portal (SSP) to 60 seconds at no additional cost. Please note, if the device update rate is changed to a 45 (CUR45), 30 (CUR30), or 15 (CUR15) second update rate, an additional charge per device would apply per the CUR list price for the selected rate. Networkfleet Device/Hardware Options for State of Florida The Devices/Hardware Options below have been discounted. No additional discounts apply. Device/Hardware Options Purchase Cost 5200-GPS Only $85.00 March 6, 2020 DMS-10/11-008C v1.6 Page 32 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. 5500-Diagnostics + GPS $85.00 1009N2VD-6100 Expressfleet $55.00 AssetGuard BX Non-Powered Asset Tracking $150.00 Notes: Only one Hardware tier and one Service tier per Customer Account. Must be on a 12 month service agreement. Applicable taxes are not included in the above pricing. Any applicable taxes will be applied to the billing invoice. Item Number Accessory Price PARTS030 Reinstallation Kit $3.00 PARTS031 Tamper Resistant Zip Ties (100 per pack) $50.00 PARTS032 Combination Antenna A (standard) $30.00 PARTS037 AT-1400 Replacement Battery $45.00 PARTS039 AT-1400 Bracket $20.00 PARTS040 Window-Mount GPS Antenna Module (5500/5200) $35.00 PARTS041 Sensor Input Harness (5500/5200) $10.00 PARTS042 OBD-II Adapter Kit only including Core Connector & 8 Adapters (5500/5200) $20.00 PARTS043 6-pin Heavy Duty Harness (5500/5200) $35.00 PARTS044 9-pin Heavy Duty Harness with Square Flange (5500/5200) $35.00 PARTS045 9-pin Heavy Duty Harness with “D” Mount (5500/5200) $35.00 PARTS069 OBD Harness Extension $10.00 PARTS070 16-Pin Heavy Duty Harness $35.00 PARTS046 Universal Harness (5200) $10.00 PARTS047 Light Duty Harness plus OBD-II Adapter Kit (5500/5200) $35.00 PARTS090 Alternate Power/Ground Adapter (5200/5500) $20.00 PARTS053 Garmin FMI 45 Cable with Traffic for Connect $145.95 PARTS054 Garmin FMI Modified Cable $55.00 PARTS057 Pelican Micro Case for 5200 w/ 15’ Universal Harness $74.95 A-PEM001 PEM Port Expansion Module $140.00 PARTS059 Quick Install Harness $10.00 A-SAT001 Satellite Modem $550.00 PARTSS063 Satellite Antenna $50.00 PARTSS064 Satellite Harness $50.00 KIT-SAT Satellite Kit (includes one modem, antenna & harness) $650.00 PARTS065 Asset Guard BX Replacement Batter (1) $75.00 PARTS066 Asset Guard BX Magnet Mount Kit (set of 4) *See Note $75.00 PARTS095 ID Reader Adapter Install Kit $30.00 PARTS060 Driver ID Reader $15.00 PARTS061 Driver ID Key $3.50 PARTS087 Audible Driver ID Alert $15.00 PARTS071 Bluetooth Extension $0.00 PARTS093 Universal Harness (6100) $10.00 PARTS058 Universal Harness $10.00 PARTS097 5000 9-Pin “D” Mount Harness Type 2 $35.00 PARTS098 5000 9-Pin Square Harness Type 2 $35.00 PARTS111 USM 9-Pin “D” Mount Harness Type 2 Pins F-G $35.00 PARTS112 USM 9-Pin Square Harness Type 2 Pins F-G $35.00 Notes: * Asset Guard BX Magnet Mount Kit includes CalAmp 133561 hardware and lanyard & CalAmp 1M101-MNC25 magnets (set of 4). Item Number Installation Type Pricing (per unit) Notes I-INSTALL-UNIT Base Installation – Plug/Play or 3 Wire $65.00 Base Installation includes 1 Device and 1 Harness D-INSTALL-UNIT Limited Lifetime Base Installation $2.00 Monthly Service Fee I-INSTALL-FMI Add-On to Base Installation (Garmin) $35.00 I-INSTALL-SENSOR Add-On to Base Installation (Sensor) $65.00 Sensor Install is $65.00 PER SENSOR I-INSTALL-AG Add-On to Base Installation (AssetGuard BX) $65.00 I-INSTALL-PMC Add-On to Base Installation (Pelican Micro Case) $35.00 March 6, 2020 DMS-10/11-008C v1.6 Page 33 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. I-INSTALL-PEM Add-On to Base Installation (Port Expansion Module) $35.00 I-INSTALL-SAT Add-On to Base Installation (Satellite) $35.00 I-INSTALL-DID Add-On to Base Installation (Driver ID) $35.00 I-INSTALL –BTE Add-On to Base Installation (Bluetooth) $35.00 D-INSTALL-BTE Limited Lifetime Add-On to Base Installation (Bluetooth) $1.00 Monthly Service Fee D-INSTALL-FMI Limited Lifetime Add-On to Base Installation (Garmin) $1.00 Monthly Service Fee D-INSTALL-SENSOR Limited Lifetime Add-On to Base Installation (Sensor) $1.00 D-INSTALL-AG Limited Lifetime Add-On to Base Installation (AssetGuard BX/PW) $2.00 D-INSTALL-PMC Limited Lifetime Add-On to Base Installation (Pelican Micro Case) $1.00 Monthly Service Fee D-INSTALL-PEM Limited Lifetime Add-On to Base Installation (Port Expansion Module) $1.00 Monthly Service Fee D-INSTALL-SAT Limited Lifetime Add-On to Base Installation (Satellite) $1.00 Monthly Service Fee D-INSTALL-DID Limited Lifetime Add-On to Base Installation (Driver ID) $1.00 Monthly Service Fee I-SWAP-UNIT Device Swap $65.00 I-TRANSFER-UNIT Device Transfer $65.00 I-REMOVAL-UNIT Removal $65.00 Removal of device. I-NOSHOW No Show $75.00 Applies per trip if the installer makes the trip and the designated vehicle is not available so the unit cannot be installed. I-TROUBLESHOOT- UNIT Troubleshoot; Mileage $65.00 Per Trip TRAINING-HALF ½ Day Installation Training $150.00 TRAINING-FULL Full Day Installation Training $300.00 March 6, 2020 DMS-10/11-008C v1.6 Page 34 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. PUBLIC SAFETY CUSTOM PLANS Custom 4G Unlimited Smartphone Plan with Mobile Broadband Priority and Preemption for National Security, Public Safety, and Emergency Preparedness Government Liable Subscribers Only This plan is not eligible for monthly access fee discounts. Only 4G LTE GSM/UMTS global-capable smartphones can be activated on this plan. Monthly Access Fee $39.99 Monthly Minutes in U.S Unlimited Domestic Data Allowance(1) Unlimited Domestic Messaging Allowance Unlimited Optional Features Domestic Mobile Hotspot $5.00 additional per month Push-to-Talk $2.00 additional per month Notes: Current coverage details can be found at www.verizonwireless.com. No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. (1) Data usage on this rate plan is not subject to speed reductions (“throttling”) within a given billing cycle. However, in the event a user consumes more than 25GB each billing cycle for three (3) consecutive billing cycles, data throughput speeds will automatically be reduced for data usage exceeding 25GB per billing cycle on a go-forward basis. Data usage for actively engaged and deployed fire, police, emergency medical technicians, emergency management agency, and assigned federal law enforcement users on this plan will not be subject to speed reductions regardless of data usage during any billing cycle. To ensure users are able to maximize their high-speed data use for business applications, video applications will stream at 480p. This service plan includes Mobile Broadband Priority and Preemption. Mobile Broadband Priority ensures customers can connect to the network with priority by leveraging a pool of radio resources dedicated to enable their connection. Mobile Broadband Priority identifies the user with an Access Priority setting, giving them higher priority for network access than lower Access Class users. Preemption automatically activates to provide approved personnel uninterrupted access to the network in those uncommon times when the network is fully utilized. 911 calls are never preempted. This service plan is available to National Security, Public Safety, and Emergency Preparedness customers only as defined by the following NAICS (formerly SIC) Codes*: (PP# 16807) 621910 Ambulance Services 922110 Courts 922120 Police Protection 922130 Legal Counsel and Prosecution 922140 Correctional Institutions 922150 Parole Offices and Probation Offices 922160 Fire Protection (except private) 922190 Other Justice, Public Order, and Safety Activities 923120 Administration of Public Health Programs 928110 National Security 926120 Regulation and Administration of Transportation Programs 926150 Regulation, Licensing, and Inspection of Misc. Commercial Sectors 926130 Regulation and Administration of Comms, Electric, Gas, and Other Utilities 921150 American Indian and Alaska Native Tribal Governments 921190 Other General Government Support 921110 Executive Offices *Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes identify an entity’s primary business activity. March 6, 2020 DMS-10/11-008C v1.6 Page 35 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Custom Unlimited Basic Phone Plan for National Security, Public Safety, and Emergency Preparedness Government Liable Subscribers Only This plan is not eligible for monthly access fee discounts. Monthly Access Fee $22.99 Monthly Minutes in U.S Unlimited Domestic Data Allowance 100MB Domestic Messaging Allowance Unlimited Domestic Data Overage $10.00 per GB Notes: Current coverage details can be found at www.verizonwireless.com. No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. This service plan is available to National Security, Public Safety, and Emergency Preparedness customers only as defined by the following NAICS (formerly SIC) Codes*: (PP# 16810) 621910 Ambulance Services 922110 Courts 922120 Police Protection 922130 Legal Counsel and Prosecution 922140 Correctional Institutions 922150 Parole Offices and Probation Offices 922160 Fire Protection (except private) 922190 Other Justice, Public Order, and Safety Activities 923120 Administration of Public Health Programs 928110 National Security 926120 Regulation and Administration of Transportation Programs 926150 Regulation, Licensing, and Inspection of Misc. Commercial Sectors 926130 Regulation and Administration of Comms, Electric, Gas, and Other Utilities 921150 American Indian and Alaska Native Tribal Governments 921190 Other General Government Support 921110 Executive Offices *Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes identify an entity’s primary business activity. March 6, 2020 DMS-10/11-008C v1.6 Page 36 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Custom Unlimited Push to Talk Only Plan for National Security, Public Safety, and Emergency Preparedness Government Liable Subscribers Only This plan is not eligible for monthly access fee discounts. Monthly Access Fee $17.99 Monthly Push to Talk Minutes Unlimited Domestic Voice Per Minute Rate $0.25 Notes: Current coverage details can be found at www.verizonwireless.com. No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. This service plan is available to National Security, Public Safety, and Emergency Preparedness customers only as defined by the following NAICS (formerly SIC) Codes*: (PP#96625/4G Only – PP#96625 3G/4G) 621910 Ambulance Services 922110 Courts 922120 Police Protection 922130 Legal Counsel and Prosecution 922140 Correctional Institutions 922150 Parole Offices and Probation Offices 922160 Fire Protection (except private) 922190 Other Justice, Public Order, and Safety Activities 923120 Administration of Public Health Programs 928110 National Security 926120 Regulation and Administration of Transportation Programs 926150 Regulation, Licensing, and Inspection of Misc. Commercial Sectors 926130 Regulation and Administration of Comms, Electric, Gas, and Other Utilities 921150 American Indian and Alaska Native Tribal Governments 921190 Other General Government Support 921110 Executive Offices *Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes identify an entity’s primary business activity. Mobile Broadband Priority Feature for National Security, Public Safety, and Emergency Preparedness Government Liable Subscribers Only Monthly Access Fee $0.00 Mobile Broadband Priority ensures customers can connect to the network with priority by leveraging a pool of radio resources dedicated to enable their connection. Mobile Broadband Priority identifies the user with an Access Priority setting, giving them higher priority for network access than lower Access Class users. This feature is available to National Security, Public Safety, and Emergency Preparedness customers only as defined by the following NAICS (formerly SIC) Codes*: (PP#86124) 621910 Ambulance Services 922110 Courts 922120 Police Protection 922130 Legal Counsel and Prosecution 922140 Correctional Institutions 922150 Parole Offices and Probation Offices 922160 Fire Protection (except private) 922190 Other Justice, Public Order, and Safety Activities 923120 Administration of Public Health Programs 928110 National Security 926120 Regulation and Administration of Transportation Programs 926150 Regulation, Licensing, and Inspection of Misc. Commercial Sectors 926130 Regulation and Administration of Comms, Electric, Gas, and Other Utilities 921150 American Indian and Alaska Native Tribal Governments 921190 Other General Government Support 921110 Executive Offices *Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes identify an entity’s primary business activity. March 6, 2020 DMS-10/11-008C v1.6 Page 37 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Custom 4G Unlimited Mobile Broadband Plan with Mobile Broadband Priority and Preemption for National Security, Public Safety, and First Responders Government Liable Subscribers Only This plan is not eligible for monthly access fee discounts. Only 4G LTE GSM/UMTS global-capable devices can be activated on this plan. Monthly Access Fee $36.05 Domestic Data Allowance(1) Unlimited Notes: Current coverage details and non-domestic data rates can be found at www.verizonwireless.com. No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. Data usage on this plan is restricted to Verizon Wireless network use only; roaming is not available. (1) Data usage on this rate plan is not subject to speed reductions (“throttling”) within a given billing cycle. However, in the event data usage exceeds 25GB each billing cycle for three (3) consecutive billing cycles, data throughput speeds will automatically be reduced for data usage exceeding 25GB per billing cycle on a go-forward basis. Data usage for actively engaged and deployed fire, police, emergency medical technicians, emergency management agency, and assigned federal law enforcement users on this plan will not be subject to speed reductions regardless of data usage during any billing cycle. To ensure users are able to maximize their high-speed data use for business applications, video applications will stream at 720p. This service plan includes Mobile Broadband Priority and Preemption. Mobile Broadband Priority ensures customers can connect to the network with priority by leveraging a pool of radio resources dedicated to enable their connection. Mobile Broadband Priority identifies the user with an Access Priority setting, giving them higher priority for network access than lower Access Class users. Preemption automatically activates to provide approved personnel uninterrupted access to the network in those uncommon times when the network is fully utilized. 911 calls are never preempted. Devices utilized in conjunction with this plan are limited to mobile device applications. Dedicated internet connections (including but not limited to, stationary wireless networking router devices), streaming video on non-smartphone devices (including but not limited to, body cameras and stationary video surveillance cameras), and Internet of Things (“IoT”) devices* are expressly prohibited on this rate plan. This plan is only available to National Security, Public Safety, and First Responder customers only as defined by the following NAICS (formerly SIC) Codes**: (PP# 20664) 621910 Ambulance Services 922110 Courts 922120 Police Protection 922130 Legal Counsel and Prosecution 922140 Correctional Institutions 922150 Parole Offices and Probation Offices 922160 Fire Protection (except private) 922190 Other Justice, Public Order, and Safety Activities 923120 Administration of Public Health Programs 928110 National Security 926120 Regulation and Administration of Transportation Programs 926150 Regulation, Licensing, and Inspection of Misc. Commercial Sectors 926130 Regulation and Administration of Comms, Electric, Gas, and Other Utilities 921150 American Indian and Alaska Native Tribal Governments 921190 Other General Government Support 921110 Executive Offices *Internet of Things (“IoT”) devices. Devices other than smartphones, aircards, jetpacks, modems, and tablets that transfer data over the network (e.g. M2M). **Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes identify an entity’s primary business activity. March 6, 2020 DMS-10/11-008C v1.6 Page 38 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Verizon Wireless Preemption Service Feature for National Security, Public Safety, and First Responders Government Liable Subscribers Only Monthly Access Fee Per MDN $0.00 NOTE: Preemption Service (“Preemption”) is a capability that reallocates network resources to customers so that they can connect in emergencies. In those uncommon times when the network is fully utilized, Preemption automatically activates to provide approved personnel uninterrupted access to the network. It helps ensure our national security, public safety, and first responder customers can continue to communicate with each other during times of high network use. Preemption capability is available on the Verizon Wireless 3G and 4G LTE data network. While Preemption capability may also be available on the networks of Verizon Wireless’s domestic roaming partners, Verizon Wireless makes no representation of Preemption availability or reliability on such networks. Preemption is limited to select service rate plans and cannot be used in conjunction with devices or service plans utilized with dedicated internet connections (including but not limited to, stationary wireless networking router devices), streaming video on non-smartphone devices (including but not limited to, body cameras and stationary video surveillance cameras), and IoT devices are expressly prohibited from using this feature. Please note: Calls to 911 are never preempted. This feature is available to National Security, Public Safety, and First Responder customers only as defined by the following NAICS (formerly SIC) Codes: (PP# 86428 Basic/Smart Phone and 86433 Non-Phone) 621910 Ambulance Services 922110 Courts 922120 Police Protection 922130 Legal Counsel and Prosecution 922140 Correctional Institutions 922150 Parole Offices and Probation Offices 922160 Fire Protection (except private) 922190 Other Justice, Public Order, and Safety Activities 923120 Administration of Public Health Programs 928110 National Security 926120 Regulation and Administration of Transportation Programs 926150 Regulation, Licensing, and Inspection of Commercial Sectors 926130 Regulation and Administration of Comms, Electric, Gas, Utilities 921150 American Indian and Alaska Native Tribal Governments 921190 Other General Government Support 921110 Executive Offices March 6, 2020 DMS-10/11-008C v1.6 Page 39 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Private Responder Core Service for National Security, Public Safety, and Emergency Preparedness Government Liable Subscribers Only Monthly Access Fee $0.00 Verizon Wireless Private Responder Core Service for National Security, Public Safety, and Emergency Preparedness (“Private Core”): Private Core extends Customer’s IP network to its wireless equipment by segregating the data between such devices and Customer’s servers from the public Internet (the “Internet”). This service is available to National Security, Public Safety, and Emergency Preparedness customers only as defined by the following NAICS (formerly SIC) Codes*: National Security/ First Responders / Public Safety • 621910 Ambulance Service • 922110 Courts • 922120 Police Protection • 922130 Legal Counsel and Prosecution • 922140 Correctional Institutions • 922150 Parole Offices and Probation Offices • 922160 Fire Protection (except private) • 922190 Other Justice, Public Order and Safety Activities • 928110 National Security • 921190 Other General Government Support • 921110 Executive Offices 921150 American Indian/Alaska Native Tribal Governments Water • 924110 Water Infrastructure • 221320 Sewage Treatment Facilities • 221310 Water Supply and Irrigation Systems Transportation • 482111 Railway Transportation • 481111 Passenger Air Transportation • 481112 Freight Air Transportation • 483111 Shipping Transportation • 926120 Transportation Administration • 491110 Postal Service • 926120 Public Transportation • 926120 Regulation and Administration of Transportation Programs Information Technology • 541512 Computer Integration • 541519 Computer Disaster Recovery Chemical • 561612 Protective Services • 541330, 541690 Chemical Engineering and Consulting • 239210 Pharmaceutical Communications • 517110 Telecommunications, Wired • 517212 Cellular and other Wireless Telecommunications • 238210, 334290 and 561620 Alarm Systems Critical Manufacturing • 237310 Highway, Street and Bridge Construction • 811310 Industry Equipment Repair • 236210 Industrial Building Construction • 211113 Extraction; 236220 Construction Management • 926150 Regulation, Licensing and Inspection of Miscellaneous Commercial Sectors Energy • 333611 Wind Turbine • 221111 Hydroelectric Power Generation • 221122 Electric Power Distribution • 221118 Other Electric Power Generation • 221210 Natural Gas Distribution • 926130 Regulation and Administration of Communications, Electric, Gas and Other Utilities • 221113 Nuclear Electric Power Generation • 562211 Hazardous Waste Treatment and Disposal Healthcare and Public Health • 621112 Health Care Practitioners • 923120 Public Health Programs *Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes identify an entity’s primary business activity. March 6, 2020 DMS-10/11-008C v1.6 Page 40 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. 4G LTE Private Network Traffic Management (PNTM) Private IP Only (fixed WAN) Government Subscribers Only Metered Data Pricing only. Not compatible with Unlimited Data Plans The plans below reflect any applicable discount. No additional discounts apply. Class of service (“CoS”) Customer can allocate bandwidth for applications into the Mission Critical CoS according to the PNTM Service Option selected. Mission Critical CoS Applications Recommended for video, Voice over IP, interactive services, and other mission critical applications. Best Effort CoS Applications Suitable for best effort applications (e.g. email, web browsing) PNTM Service Options: Enhanced (Entry Level) Premium (Mid Level) Public Safety (Highest Level) (Qualifying Public Safety NAICS Only) Monthly Access Fee (per line) Waived - $0.00 Waived - $0.00 Waived - $0.00 Mission Critical CoS Speeds Mapped Up to 0.5 Mbps Mapped Up to 2 Mbps Mapped Up to 2 Mbps Best Effort CoS Applications Speeds Remaining available 4G LTE bandwidth Remaining available 4G LTE bandwidth Remaining available 4G LTE bandwidth RF Priority on access network N/A N/A During heavy network usage periods Qualifying Public Safety NAICS: Public Safety Subscribers classified with the following NAICS codes*, performing First Responder responsibilities only. The Public Safety PNTM service option is not an on demand service. The Public Safety PNTM must be provisioned on the account prior to use in the event of an emergency situation. 621910 Ambulance Services 922110 Courts 922120 Police Protection 922130 Legal Counsel and Prosecution 922140 Correctional Institutions 922150 Parole Offices and Probation Offices 922160 Fire Protection (except private) 922190 Other Justice, Public Order, and Safety Activities 928110 National Security 926120 Regulation and Administration of Transportation Programs 926150 Regulation, Licensing, and Inspection of Misc. Commercial Sectors 926130 Regulation and Administration of Comms, Electric, Gas, and Other Utilities 921150 American Indian/Alaska Native Tribal Governments 921190 Other General Government Support 921110 Executive Offices Notes. 4G LTE Private Network subscribers with unlimited data plans are ineligible for Private Network Traffic Management. This service is only available while on Verizon Wireless’ 4G network and is not available while roaming. VZ Private IP (MPLS) connectivity required. PNTM relies on customer’s applications (VoIP, video, etc.) to appropriately mark IP sessions in order to prioritize their application over the 4G LTE Private Network using Internet Protocol Differentiated Services Code Point (IP DSCP). PNTM 4G LTE device must be certified for use on the Verizon Wireless network (e.g. Open Development/Open Access certified, validated for Private Network and Private Network Traffic Management.) * North American Industrial Classification System (NAICS) codes identify an entity’s primary business activity. March 6, 2020 DMS-10/11-008C v1.6 Page 41 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. One Talk Solution: Government Subscribers Only The plans/features below reflect any applicable discount. No additional discounts apply. One Talk is a business telephone system that combines landline and mobile phone capabilities into a fully integrated mobile and office solution providing a single telephone number (“Mobile Data Number/MDN”) with the same mobile and landline features. One Talk Solution: Desk Phone/Mobile Client Price Plan Type Line Level Plans One Talk Primary MDN Monthly Access One Talk Price Plan (100 MB Data) $10.00 One Talk Feature $15.00 One Talk Line Access Charge N/A One Talk Solution: Auto Receptionist (AR) Auto Receptionist Price Plan Type Line Level Plans One Talk Primary MDN Monthly Access One Talk AR Price Plan (100 MB Data) $10.00 One Talk AR Feature $10.00 One Talk AR Line Access Charge N/A One Talk Solution: Hunt Group (HG) Hunt Group - Every ECPD profile will be allowed to activate two Hunt Groups by default; additional Hunt Groups can be purchased as long as the ratio of active One Talk lines to Hunt Groups is 3:1 respectively Price Plan Type Line Level Plans One Talk Primary MDN Monthly Access One Talk HG Price Plan (100 MB Data) $0.00 One Talk HG Feature $0.00 One Talk HG Line Access Charge N/A Optional Features One Talk Premium Visual Voicemail $2.99 One Talk Voicemail Talk To Text $2.99 Additional Devices For MDN’s activated on a Smartphone, Desk Phone, Mobile Client, a maximum of up to eight (8) devices can be shared with the MDN as follows: 1 Smartphone, up to 2 desk phones and up to 5 mobile clients. Smartphone Device Desk Phone1 Mobile Client2 (Includes Smartphones and Tablets) Auto Receptionist/ Hunt Group Additional devices (endpoint) incur a $10.00 monthly access $0.00 for additional devices (excluding Smartphone devices with One Talk Basic Dialer) $0.00 for additional devices (excluding Smartphone devices with One Talk Basic Dialer) N/A Notes: One Talk service is applied to the Verizon Wireless MDN and is available on all of the user’s devices. One Talk is not compatible with Fax machines, credit card POS solutions, or Security Systems. One Talk calls drop if either party leaves Verizon 4G LTE coverage. When outside of the 4G LTE coverage area and without 3G or WiFi service, the device operates as a standard device (1X calling) with standard voice and SMS messaging capabilities with no One Talk features available to the user. Mobile client is the One Talk client. 1One (1) additional Desk Phone can be added as an additional device per MDN. 2Mobile Client eligible devices (includes devices from other carriers); Smartphones (without One Talk Basic Dialer), wireless and WiFi tablets; limit five (5) total per MDN (including primary device. Installing the One Talk Mobile client consumes an estimated 50MB of data. For additional information regarding One Talk please visit: http://www.verizonwireless.com/onetalk March 6, 2020 DMS-10/11-008C v1.6 Page 42 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. NETMOTION These products Do Not qualify for additional discounts Service Item Software Plan ID SKU Frequency/ Payment Plan Price Function "Mobility VPN" (Virtual Private Network for wireless connections) - An encrypted, secure tunnel for mobile devices 651968 NMSVZW-GOV- SILVER-Monthly: MONTHLY Monthly $4.33 "Mobility VPN" (Virtual Private Network for wireless connections) An encrypted, secure tunnel for mobile devices -- Works with Android, iOS, Windows and Mac devices -- Criminal Justice Information Systems (CJIS) Compliance 651969 NMSVZW-GOV- SILVER-Annual: ANNUAL Annual $52.00 "Mobility VPN" + "Modules" (Policy, Network Access Control, Mobile Analysis) 651970 NMSVZW-GOV-GOLD- Monthly: MONTHLY Monthly $6.93 All features of the Mobility VPN base product, plus the Policy, Network Access Control (NAC) and Mobile Analysis Modules 651971 NMSVZW-GOV-GOLD- Annual: ANNUAL Annual $83.20 "Mobility VPN" + "Modules" + "Diagnostics" which includes connectivity problem identification, security reinforcement, improved end user productivity and powerful reporting. 651972 NMSVZW-GOV- PLATINUM-Monthly: MONTHLY Monthly $8.67 All features of the Mobility VPN base product and the Policy, Network Access Control (NAC) and Mobile Analysis Modules, Plus Diagnostics 651973 NMSVZW-GOV- PLATINUM-Annual: ANNUAL Annual $104.00 Mobility VPN + "Modules" + "Diagnostics" + "Mobile IQ" which includes performance assessment, threat defense, cost control, location intelligence and inventory, troubleshooting and system-wide status 651974 NMSVZW-GOV- DIAMOND-Monthly: MONTHLY Monthly $13.00 All features of the Mobility VPN base product and the Policy, Network Access Control (NAC) and Mobile Analysis Modules, Plus Diagnostics + MobileIQ 651975 NMSVZW-GOV- DIAMOND-Annual: ANNUAL Annual $156.00 Comprehensive data collection and root cause detection software (add-on feature) 651976 NMSVZW-GOV- DIAGS-Monthly: MONTHLY Monthly $4.33 Comprehensive data collection and root cause detection software 651977 NMSVZW-GOV- DIAGS-Annual: ANNUAL Annual $52.00 Visual troubleshooting, analytics and alerting dashboards (add-on feature) 651978 NMSVZW-GOV-MIQ- Monthly: MONTHLY Monthly $4.33 Visual troubleshooting, analytics and alerting dashboards 651979 NMSVZW-GOV-MIQ- Annual: ANNUAL Annual $52.00 Professional Services - Up to 8 Hours 651980 11NMPS-GOV-8HR-S - One Time: ONE TIME One-Time $2,000.00 Off-site Services Professional Services - Up to 4 Hours 651981 11NMPS-GOV-4HR-S - One Time: ONE TIME One-Time $1,000.00 Off-site Services March 6, 2020 DMS-10/11-008C v1.6 Page 43 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Mobility Certification Training 651982 11NMTR-GOV-C - One Time: ONE TIME One-Time $2,295.00 Off-site Services Elite Technical Service (0 - 4,999 licenses) 651983 11NMETS-GOV - One Time: ONE TIME One-Time $30,000.00 Off-site Services Elite Technical Service (5,000+ licenses) 651984 11NMETS5K-GOV - One Time: ONE TIME One-Time $50,000.00 Off-site Services Dedicated Technical Account Manager (1 year) 651985 11NMPS-GOV-TAM - One Time: ONE TIME One-Time $40,000.00 Off-site Services Note: Customer may purchase NetMotion Software, Inc. (“NetMotion”) licenses and services (“NetMotion Services”) at the prices listed above. NetMotion Services listed in the pricing sheet marked with an asterisks *** cannot be mixed or matched with other NetMotion Licenses or Services. Verizon Wireless is not the licensor of the NetMotion Services and makes no representations or warranties whatsoever, either express or implied, with respect to them. NetMotion Services are manufactured by NetMotion. NetMotion Software is subject to a separate End User License Agreement (EULA) with NetMotion, found at https://www.netmotionsoftware.com/legal-and-copyright. Use of the NetMotion licenses or NetMotion Services is deemed to be the Customer's acceptance of the terms of the EULA. Customer must accept the EULA as the party liable for each license, and agrees that the Customer will comply with the obligations under the EULA. Verizon Wireless reserves the right to (i) modify or discontinue the Solution in whole or in part and/or (ii) terminate the Solution at any time without cause. Customer's sole and exclusive remedy for any damages, losses, claims, costs, and expenses arising out of or relating to use of the Solution will be termination of service. Any additional NetMotion Services must be obtained directly from NetMotion either upon purchase or installation of the NetMotion Services. NetMotion Services are subject to NetMotion’s terms and conditions and can be viewed here: https://www.netmotionsoftware.com/legal-and-copyright. Verizon Wireless will direct NetMotion to fulfill Customer’s NetMotion Services order. Basic functionality questions and other general customer support can be obtained by calling Verizon Wireless Customer Support. All other customer support questions and issues for NetMotion Services must be obtained directly from NetMotion Software, Inc. If Verizon Wireless, in its sole discretion, determines that an inquiry from a subscriber is related to NetMotion Services and is not one concerning Equipment or Wireless Service, it may transfer the service request to appropriate NetMotion representatives. March 6, 2020 DMS-10/11-008C v1.6 Page 44 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. March 6, 2020 DMS-10/11-008C v1.6 Page 45 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. WIRELESS EQUIPMENT Equipment Pricing (NEW) SOFL Device Tier Device Category Description All Tiers Conventional and/or Push-to-Talk Plus (“PTT+”) One (1) voice device at no charge per 20 months/ per line. One (1) PTT device at no charge per 20 months/ per line. Make and model at Verizon Wireless sole discretion, subject to availability. All Categories (includes Smartphone) SOFL Approved Government Equipment Matrix devices. Verizon Wireless Government 10K 2yr matrix pricing only. Notes: Verizon Wireless reserves the right to add or discontinue models. Equipment is subject to availability. Verizon Wireless’ Government Equipment Matrix is updated at a minimum quarterly based upon equipment availability, changes in technology, and market conditions. Not eligible for any other promotional pricing offers. Equipment becomes eligible for upgrade after 20 months in service. Customer Premise Equipment Device Category Description Discount Indoor Cellular Signal Amplifier Currently Network Extender 25% off retail* Wireless Cellular Router Device Portfolio (TBD) 25% off retail* Wireless 4G LTE Modem Device Make and model at Verizon Wireless sole discretion, subject to availability. Not available on per megabyte plans. Excludes tablets and net books. One (1) 4GLTE modem device at no charge per line per 20 month period. Notes: Verizon Wireless reserves the right to add or discontinue models. Equipment is subject to availability. Verizon Wireless’ Government Equipment Matrix is updated at a minimum quarterly based upon equipment availability, changes in technology, and market conditions. Not eligible for any other promotional pricing offers. Equipment purchased through Verizon Wireless becomes eligible for upgrade after 20 months in service. *25% discount applies to the non-discounted, full retail price only of qualifying equipment. Accessory Discount Government Subscribers are eligible to receive a 25% discount from the non-discounted, retail price of qualifying accessories March 6, 2020 DMS-10/11-008C v1.6 Page 46 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Verizon Wireless Calling Plan and Feature Details Verizon Wireless Calling Plan Optional Services. Additional fees may be required as per the individual calling plans. Calling Plans and Associated Charges: Some calling plans or monthly access price points may not be available in all markets. Subscriber’s first partial and full month’s access will not be refunded after activation of the Wireless Service. Activation fees are waived for all Government Subscribers. Charges for calls will be based on the cell sites used, which may be outside the calling plan coverage area even when the Subscriber is physically within the coverage area. Time of the call is based on the telephone switching office that carries the call, which may be different from the time of day shown on Subscriber’s phone. Rates do not apply to credit card or operator-assisted calls, which may be required in certain areas. Usage rounded up to the next full minute. Unused minutes and/or Megabytes are lost. On outgoing calls, charges start when Subscriber first presses SEND or the call connects to a network, and on incoming calls, when the call connects to a network (which may be before it rings). A call may end several seconds after Subscriber presses END or the call otherwise disconnects. Calls made on the Verizon Wireless network, are only billed if they connect (which includes calls answered by machines). Billing for airtime and related charges may sometimes be delayed. Calls to "911" and certain other emergency services are toll-free and airtime-free, however, airtime may be charged when dialing toll-free numbers. All features may not be available in all Verizon Wireless markets. Home Airtime and Roaming: Home airtime minutes apply when making or receiving calls from a calling plan’s home rate and coverage area. Coverage information is available at www.verizonwireless.com. Airtime is rounded up to the next full minute. Allowance minutes/Megabytes are not transferable except as may be available on calling plans with sharing. Subscribers must periodically dial *228 to update roaming information. Automatic roaming may not be available in all areas and rates may vary. Roaming charges may be delayed to a later bill. Long Distance: Unlimited domestic long distance is included when calling from the calling plan’s home rate and coverage area, unless otherwise specified in the calling plan. Customer’s Cell Phone Number and Caller ID. Verizon Wireless will assign one Mobile Telephone Number (“MTN”) to each Subscriber line. Other than as required to port an MTN, Customer does not have any property right in the MTN and Verizon Wireless may change, reassign, or eliminate an MTN upon reasonable notice to Customer under certain circumstances, including fraud prevention, area code changes and regulatory or statutory law enforcement requirements. Verizon Wireless Calling Plan Included Features Call Waiting 1,6 Three Way Calling 1,6 Call Forwarding 6 No Answer/ Busy Transfer 6 Caller ID 2,6 Basic Voice Mail 3,6 411 Connectsm 4,6 (Directory Assistance) Basic TTXT Messaging 5 1Airtime charges apply to all calls simultaneously. 2When making a call, Subscriber’s MTN may be displayed to the receiving party with Caller ID capable Equipment. Caller ID service may not be available outside home airtime rate and coverage areas, and may not be compatible with certain enhanced features. Caller ID can be blocked for most calls by dialing *67 before each call, or by ordering per-line call blocking where available. Calls to some numbers, such as toll-free numbers, cannot be blocked. 3Airtime charges apply to message retrieval. 4411 Connect, directory assistance with automatic call completion is subject to a per call fee plus airtime charges. Directory assistance rates are subject to change. 5TXT Messaging offered at the prevailing rate, currently $0.02 per inbound and $0.10 per outbound message per address. TXT message charges are subject to change. 6Feature not included on NationalAccess and BroadbandAccess Unlimited or Megabyte (MB) calling plans at no charge, but are available at the prevailing Verizon Wireless rates. Push to Talk Plus: Push to Talk Plus capable Equipment required. Push to Talk Plus capable Equipment can only be used with a Push to Talk Plus calling plan. Subscribers switching from a Push to Talk Plus Calling Plan to another calling plan may not be able to use certain Push to Talk Plus capable Equipment with the new plan. Push to Talk Plus calls may only be made with other Verizon Wireless Push to Talk Plus subscribers. Push to Talk Plus Subscribers may initiate or participate on a call, simultaneously, with as many as 250 total participants (total is limited to (50) if interoperating between 3G and 4G participants). Administrators can be designated to manage the Push to Talk contact lists via a single website interface with a single user name/password. Existing Push to Talk Subscriber Equipment may require a software upgrade to use Push to Talk Plus or replacement with a Push to Talk Plus capable device. Push to Talk Plus is only available within the National Enhanced Services Rate and Coverage Area and WiFi access points. There will be a delay from the time a Push to Talk Plus call is initiated until the Push to Talk Plus call is first received by the called party.. If an incoming voice call is received while on a Push to Talk Plus call the voice call may be answered and the Push to Talk Plus placed on hold. If an incoming Push to Talk Plus call is received while on a Push to Talk Plus call the PTT call icon can be selected to connect to the Push to Talk Plus call. If the incoming voice or Push to Talk Plus call is not answered a missed call alert will display. Network registration information will be sent to the Equipment each time it is powered on in the National Enhanced Services Rate and Coverage Area, each time the Subscriber travels into the National Enhanced Services Rate and Coverage Area, and every 12 hours if the Subscriber stays within the National Enhanced Services Rate March 6, 2020 DMS-10/11-008C v1.6 Page 47 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. and Coverage Area. While the updated network registration information is being sent to the Equipment, incoming voice calls will go directly to voice mail. Contact list cannot be modified from certain Equipment. Subscriber cannot prevent others who have the Subscriber’s MTN from entering the MTN into their Push to Talk contact list. Only one person can speak at a time during a Push to Talk Plus call. . In-Call Talker Override (Talker Priority) allows a pre-determined user priority to take the floor to communicate urgent message over participant. Push to Talk Plus services cannot be used for (i) access to the Internet, intranets or other data networks, except as the device’s native applications & capabilities permit, (ii) any applications that tether Equipment to laptops, personal computers or other devices for any purpose. Please visit our website www.verizonwireless.com for additional Push to Talk information. Mobile to Mobile: Mobile to Mobile minutes apply when making calls directly to or receiving calls directly from another Verizon Wireless Subscriber while in the America’s Choice Home Rate and Coverage area. Mobile to Mobile does not apply to fixed wireless devices with usage substantially from a single cell site, for Push to Talk calls, if Call Forwarding or No Answer/Busy Transfer features are activated, or to data usage. Mobile to Mobile is not available to Subscribers whose current wireless exchanges restrict the delivery of Caller ID. Mobile to Mobile minutes will be applied before home airtime minutes.* Night and Weekends: Applies to calls made in a calling plan’s home rate and coverage area only during the following hours: 9:01pm Friday through 5:59am Monday and 9:01pm to 5:59am Monday through Friday.* *NOTE: If both Night and Weekend and Mobile to Mobile minute allowances apply to a given call, Mobile to Mobile minutes will apply before Night and Weekend minutes. However, if either allowance is unlimited, the unlimited allowance will always apply first. TXT Messaging: TXT Messaging includes Short Message Service (SMS up to 160 characters) and Enhanced Messaging Service (EMS up to 1120 characters). Enhanced TXT Messages sent to most SMS handsets will be delivered as multiple TXT messages of up to 160 characters each. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. TXT Messaging plans do not include Operator Assisted Messaging or International Messaging, which is available for 25¢ per message sent and 10¢ per message received; see http://vtext.com for details and countries. Verizon Wireless is not responsible for information sent using TXT Messaging or Enhanced TXT Messaging. Verizon Wireless cannot guarantee that messages will be received and is not responsible for messages that are lost or misdirected. Messages not delivered after 5 days are automatically deleted. Airtime charges do not apply to the sending or receiving of text messages. When sending messages from Equipment, the sender’s MTN will always be sent to the destination, even if Caller ID is used to block voice calls. Mobile to Mobile Messaging: Cannot be combined with any other package that includes a TXT or PIX&FLIX allowance. Mobile to Mobile Messaging applies only to TXT/ PIX/ FLIX messages sent to and received from other Verizon Wireless Subscribers’ phones, while both wireless Subscribers are within the National Enhanced Services Rate and Coverage Area. Additional messages apply to PIX Place, VTEXT/ TXT Alerts/ getAlerts, Instant Messaging (IM), Email, Premium Text Services, TXT/PIX/FLIX sent to non-Verizon Wireless customers, these messages will be decremented from the Subscriber’s Additional Message allowance, or billed as overage. Additional Messages may not be applied toward International TXT Messaging, which cost 25¢ per message sent and 10¢ per message received; see http://vtext.com for details and countries. Multi-Media Messaging (MMS): Multi-Media Messaging (MMS) includes Picture (PIX) and Video (FLIX) messaging and is only available within the National Enhanced Services Rate and Coverage Area. In addition to MMS charges, MMS uses calling plan home airtime minutes or kilobytes. Canceling an MMS after pressing SEND may result in sent messages that contain only partial content. Subscriber will be charged for outgoing MMS, even if not received by the intended recipient, or even if only partial content is delivered. Subscriber will not be charged for incoming MMS unless received. MMS that cannot be delivered within 5 days will be deleted. MMS is not available for use with a Mobile Office Kit. Camera phones are prohibited in some places. Subscribers are solely responsible for complying with all applicable laws, rules, regulations and policies regarding camera phone use. Mobile Web: Airtime charges apply when using Mobile Web. Mobile Web Alerts are sent as TXT Messages and are subject to TXT Messaging pricing, plan details . Complete feature details for Mobile Web may be found at www.verizonwireless.com International Long Distance: International Long Distance is available but may be subject to a 90-day payment history with Verizon Wireless. International long distance rates will vary and do not apply to calls to Canada, Puerto Rico, the U.S. Virgin Islands and some U.S. Protectorates, or to credit card or operator assisted calls. Verizon Wireless International Long Distance Value Plan: Requires subscription to a qualifying calling plan and international dialing capability (I- DIAL). The ability to make international calls is not guaranteed and may be restricted without notice. Rates apply only on calls to Value Plan countries made from calling plan home airtime rate and coverage areas. If a calling plan includes calls to any Value Plan country, those calls will be billed per the requirements of the calling plan except when roaming on another carrier’s network, in which case that carrier’s rates will apply. Current international calling rates may be found at www.verizonwireless.com. International Roaming (Global Phone): Availability of calling features and TXT messaging varies by country and network. Existing Subscribers who purchase a Global Phone may have to set up a new voice mailbox and, if so, will lose access to previously stored messages upon activation of Global Phone. Voice mail messages will be time-stamped Eastern Time. Calls to voice mail will appear on the bill as calls to the Subscriber’s MTN. Actual availability of service in foreign countries may vary and is subject to change. Taxes and other regulatory surcharges may apply and may vary by country. While roaming on another carrier’s wireless network, dialing rates and country availability may vary due to the roaming carrier’s international dialing policies. Billing for airtime used when roaming may be delayed up to two billing cycles. By using Equipment outside the United States, Subscriber is solely responsible for complying with all applicable foreign laws, rules and regulations (“Foreign Laws”), including Foreign Laws regarding use of wireless phones while driving and use of wireless camera phones. Verizon Wireless is not liable for any damages that result from Subscriber’s failure to comply with Foreign Laws. Roaming in GSM countries: GSM Global Phone, activated in the United States with compatible Subscriber Identity Module (SIM) card required. Ratesand plan details apply only when roaming on participating GSM networks in published Global Phone countries. Service may be available in March 6, 2020 DMS-10/11-008C v1.6 Page 48 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. additional countries, but airtime rates, availability of calling features, and ability to receive incoming calls (including return calls from emergency services personnel) may be restricted. Where TXT messaging is available, Customer will be charged $0.50 for each message sent and $0.05 for each message received. TXT messaging rates are subject to change. TXT messages cannot exceed 140 characters and may be sent only to MTNs of (i) Verizon Wireless customers, and (ii) customers of foreign wireless carriers that participate in international text messaging. Check http://vtext.com for the most current list of participating foreign carriers. TXT messages cannot be sent to e-mail addresses. Data Services Data Services: Verizon Wireless charges you for all data and content sent or received using our network (including any network overhead and/or Internet Protocol overhead associated with content sent or received), as well as resolution of Internet Protocol addresses from domain names. Sending or receiving data using a virtual private network (VPN) involves additional VPN overhead for which you will be charged. Please note that certain applications or widgets periodically send and receive data in the background, without any action by the user, and you will be billed for such data use. Applications may automatically re-initiate data sessions without you pressing or clicking the SEND or connect button. Data sessions automatically terminate after 24 hours. A data session is inactive when no data is being transferred. Data sessions may seem inactive while data is actively being transferred, or may seem active when the data is actually cached and data is not being transferred. If you have a Data Only plan and use voice service, domestic voice calls will be billed at $0.25/minute. Verizon Wireless is implementing optimization and transcoding technologies in our network to transmit data files in a more efficient manner to allow available network capacity to benefit the greatest number of users. These techniques include caching less data, using less capacity, and sizing the video more appropriately for the device. The optimization process is agnostic to the content itself and to the website that provides it. While Verizon Wireless invests much effort to avoid changing text, image, and video files in the compression process, and while any change to the file is likely to be indiscernible, the optimization process may minimally impact the appearance of the file as displayed on your device. For a further, more detailed explanation of these techniques, please visit verizonwireless.com/vzwoptimization. Verizon Wireless strives to provide customers with the best experience when using our network, a shared resource among tens of millions of customers. To further this objective, Verizon Wireless has implemented Network Optimization Practices designed to ensure that the overwhelming majority of data customers aren’t negatively impacted by the inordinate data consumption of a few users. If you use an extraordinary amount of data and fall within the top 5% of Verizon Wireless data users, Verizon Wireless may reduce your data throughput speeds when connected to a congested cell site. The reduction can last for the remainder of the current bill cycle and the immediately following bill cycle to ensure high quality network performance for other users at locations and times of peak demand. For a further more detailed explanation of these techniques please visit verizonwireless.com/vzwoptimization. Data transfer amounts will vary based on application. If you download an audio or video file, the file may be downloaded in sections or in its entirety; data charges will apply to the portion downloaded, regardless of whether you listen to or watch all of it. You may access and monitor your own data usage during a particular billing period, including during the Return Period, by accessing My Verizon online or by contacting Customer Service. Data Services: Permitted Uses: You can use Verizon Wireless Data Services for accessing the Internet and for such uses as: (i) Internet browsing; (ii) email; (iii) intranet access (including accessing corporate intranets, email and individual productivity applications made available by your company); (iv) uploading, downloading and streaming of audio, video and games; and (v) Voice over Internet Protocol (VoIP). Data Services: Prohibited Uses. You may not use our Data Services for illegal purposes or purposes that infringe upon others' intellectual property rights, or in a manner that interferes with other users' service, that violates trade and economic sanctions and prohibitions as promulgated by the Departments of Commerce, Treasury or any other U.S. government agency, that interferes with network's ability to fairly allocate capacity among users, or that otherwise degrades service quality for other users. Examples of prohibited usage include: (i) server devices or host computer applications that are broadcast to multiple servers or recipients such that they could enable “bots” or similar routines (as set forth in more detail (ii) below) or otherwise denigrate network capacity or functionality; (ii) “auto-responders, ”cancel-bots,” or similar automated or manual routines that generate amounts of net traffic that could disrupt net user groups or e-mail use by others; (iii) generating “spam” or unsolicited commercial or bulk e-mail (or activities that facilitate the dissemination of such e-mail); (iv) any activity that adversely affects the ability of other users or systems to use either Verizon Wireless’ services or the Internet-based resources of others, including the generation of dissemination of viruses, malware, or “denial of service” attacks; (v) accessing or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate Verizon Wireless’ or another entity’s network or systems; or (vi) running software or other devices that maintain continuous active Internet connections when a computer’s connection would otherwise be idle or “any keep alive” functions, unless they adhere to Verizon Wireless” requirements for such usage, which may be changed from time to time. Verizon Wireless further reserves the right to take measures to protect our network and other users from harm, compromised capacity or degradation in performance. These measures may impact your service, and Verizon Wireless reserves the right to deny, modify or terminate service, with or without notice, to anyone Verizon Wireless believes is using Data Services in a manner that adversely impacts the Verizon Wireless network. Verizon Wireless may monitor your compliance, or other subscribers’ compliance, with these terms and conditions, but Verizon Wireless will not monitor the content of the communications except as otherwise expressly permitted or required by law. [See verizonwireless.com/privacy] Unlimited Data Plans and Features (such as NationalAccess, BroadbandAccess, Push to Talk, and certain VZEmail services) may ONLY be used with wireless devices for the following purposes: (i) Internet browsing; (ii) email; and (iii) intranet access (including access to corporate intranets, email, and individual March 6, 2020 DMS-10/11-008C v1.6 Page 49 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. productivity applications like customer relationship management, sales force, and field service automation). The Unlimited Data Plans and Features MAY NOT be used for any other purpose. Examples of prohibited uses include, without limitation, the following: (i) continuous uploading, downloading or streaming of audio or video programming or games; (ii) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine–to–machine connections or peer–to–peer (P2P) file sharing; or (iii) as a substitute or backup for private lines or dedicated data connections. This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using P2P file sharing services and/or redirecting television signals for viewing on laptops is prohibited. For individual use only and not for resale. We reserve the right to protect our network from harm, which may impact legitimate data flows. We reserve the right to limit throughput or amount of data transferred exceeding 5 GB in a given billing cycle on any line, in any given billing cycle,, and reserve the right to deny or terminate service, without notice, to anyone we believe is using an Unlimited Data Plan or Feature in any manner prohibited above or whose usage adversely impacts our network or service levels. Anyone using more than 5 GB per line in a given billing cycle is presumed to be using the service in a manner prohibited above, and we reserve the right to immediately terminate the service of any such person without notice. We also reserve the right to terminate service upon notification to the customer. Unlimited VZAccess and VZEmail: NationalAccess, BroadbandAccess, and GlobalAccess data sessions may be used for the following purposes: (i) Internet browsing, (ii) e-mail, and (iii) intranet access (including access to corporate intranets, e-mail and individual productivity applications like customer relationship management, sales force and field service automation). Unlimited VZAccess, VZEmail and Push to Talk services cannot be used (i) for uploading, downloading or streaming of movies, music or games, (ii) with server devices or with host computer applications, other than applications required for BlackBerry or Wireless Sync service, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, Voice over IP (VoIP), automated machine-to-machine connections, or peer-to-peer (P2P) file sharing, or (iii) as a substitute or backup for private lines or dedicated data connections. Additionally, Unlimited VZEmail services cannot be used for, (i) access to the Internet, intranets or other data networks, except as the Equipment’s native applications and capabilities permit, or (ii) for any applications that tether Equipment to laptops or personal computers other than for use of the Wireless Sync or BlackBerry Solutions. Unlimited BroadbandAccess and NationalAccess data sessions automatically terminate after 2 hours of inactivity, unless Subscriber has Mobile IP (MIP) capable Equipment Data Roaming: In the Canadian Broadband and Canadian Enhanced Services Rate and Coverage Areas, usage will be charged at a rate of $0.002/KB or $2.05/MB. In the Mexican Enhanced Services Rate and Coverage Area, usage will be charged at a rate of $0.005/KB or $5.12/MB. In other available countries, usage will be billed at a rate of $0.02/KB or $20.48/MB. International Eligibility is needed to roam in many destinations. Current coverage details, and list of Other Available Countries can be found at www.verizonwireless.com/global GlobalAccess: Global PC Card required for international use. Global PC Cards will not work in the United States or Canada and GlobalAccess Subscribers will need a NationalAccess or BroadbandAccess PC card for domestic use. The domestic and Global PC Cards cannot be used at the same time. GlobalAccess Subscribers must activate and update their Preferred Roaming lists while in the National Enhanced Services Rate and Coverage Area every three months. Verizon Wireless reserves the right to terminate the service of any Subscriber whose total usage is less than half on the Verizon Wireless National Enhanced Services Rate and Coverage Area over three consecutive billing cycles. Verizon Wireless SIM Cards are for use only with the Global PC Card and only for the purpose of this service. Subscriber is responsible for any unauthorized use of its SIM Cards and must safeguard security codes. Upon termination of service, Subscriber must destroy SIM Card. By using your Global PC Card outside the United States, Subscriber is solely responsible for complying with all applicable Foreign Laws. Verizon Wireless will not be liable for any damages that result from Subscriber’s failure to comply with Foreign Laws. GlobalEmail: GlobalEmail capable equipment required. Verizon Wireless reserves the right to terminate the GlobalEmail service of Subscribers that have less than half of their usage on the Verizon Wireless National Enhanced Services Rate and Coverage Area over three consecutive billing cycles. SIM Cards are for use with GlobalEmail Equipment, and only for the purpose of GlobalEmail service. Customer is responsible for any unauthorized use of SIM Cards, and must safeguard security codes. Upon termination of service, please destroy any applicable SIM Cards. Subscribers using GlobalEmail outside the United States, agree that they are solely responsible for complying with all applicable foreign laws, rules and regulations (“foreign laws”). Customer agrees that Verizon Wireless is not liable for any damages that result from Subscriber’s failure to comply with foreign laws. GlobalEmail Subscribers must activate and update their Preferred Roaming lists while in the National Enhanced Services Rate and Coverage Area every three months. TXT messaging billed at standard domestic and international TXT Messaging rates. Existing Verizon Wireless Subscribers migrating to GlobalEmail plans may be required to extend their Line Term. Share Option: Sharing is available only among Government Subscribers on applicable calling plans choosing the Share Option. America’s Choice for Business & Voice and Data Choice Bundles for Business Subscribers: (NOTE: Subscribers to America’s Choice for Business and Voice and Data Choice Bundles for Business can share voice minutes across these plans and price points subject to some billing system limitations.). Sharing on these calling plans is for voice home airtime minutes only. Customer must maintain a minimum of five (5) Government Subscriber lines, all choosing a qualifying plan with Share Option. Sharing may only be available among Subscribers activating Wireless Service in the same Verizon Wireless market or group of markets (geographic regions may contain multiple Verizon Wireless markets). Sharing may require all Subscribers to be on the same billing account. Each sharing Subscriber’s unused anytime minutes will pass to other sharing Subscribers that have Share Option March 6, 2020 DMS-10/11-008C v1.6 Page 50 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. exceeded their anytime minutes during the same monthly billing period (Mobile to Mobile minutes and Night and Weekend minutes do not share). Each sharing Subscriber’s Monthly Home Airtime Allowance Minutes apply first to that line. Unused Monthly Home Airtime Minutes are then shared with other sharing Subscribers that have exceeded their Monthly Home Airtime Allowance in order of highest usage. At the termination of the Agreement, Government Subscriber lines on America’s Choice for Business with Share Option may be migrated onto applicable retail consumer pricing or Government pricing. Calling plan changes may not take effect until the billing cycle following the change request. Based on the geographic location of Customer’s Government Subscribers, some Customers may have to have sharing Subscribers activated in more than one Verizon Wireless billing system. Sharing among Subscribers in multiple Verizon Wireless billing systems requires online invoicing or reporting, and a minimum of one hundred (100) Government Subscribers all choosing the Share Option. Unused minutes for cross billing system sharing will be distributed proportionally as a ratio of the minutes needed by each sharing Subscriber to the total minutes needed by all sharing Subscribers. Accounts that share across Verizon Wireless billing systems require set up that may take thirty (30) to sixty (60) days. A data session is inactive when no data is being transferred, and may seem inactive while data is actively being transferred to a device, or seem active when actually cached and not transferring data. Customer must maintain virus protection when accessing the service and is responsible for all data sent and received including “overhead” (data that is in addition to user-transmitted data, including control, operational and routing instructions, error- checking characters as well as retransmissions of user-data messages that are received in error) whether or not such data is actually received. Verizon Wireless will not be liable for problems receiving Service that result from Customer’s device. Megabyte (MB) Data Plans: M2M data usage is rounded to next full kilobyte at end of each billing cycle. Any unused portion of the megabyte allowance is lost. Equipment will not indicate kilobyte usage. NationalAccess Roaming Feature: Not for use with Mobile Office Kits. Dynamic IP addresses will be assigned when roaming. Usage rounded up to next full kilobyte. For information on where NationalAccess Roaming is available, see www.verizonwireless.com. Data Roaming: In the Canadian Broadband and Canadian Enhanced Services Rate and Coverage Areas, usage will be charged at a rate of $0.002/KB or $2.05/MB. In the Mexican Enhanced Services Rate and Coverage Area, usage will be charged at a rate of $0.005/KB or $5.12/MB. For more information on roaming in Canada and Mexico, visit verizonwireless.com/naroaming. In the Bermuda, China, Dominican Republic, Guam, India, Israel, Saipan and South Korea Enhanced Services Rate and Coverage Areas, usage will be billed at a rate of $0.02/KB or $20.48/MB. I-Dial is needed to roam in many destinations. Only the Canadian Broadband Rate and Coverage Area supports EV-DO. One Talk from Verizon, together with its related devices, software and applications ("Service" or “One Talk”), is a commercially available business telephone solution that brings together the functions of office phones and mobile devices (smartphones and tablets) into a unified system, with all devices sharing the same communication features. (See https://www.verizonwireless.com/support/one-talk-features/ for a listing of features currently available with the Service.) The following terms of service apply to the One Talk Service. “Customer” means the eligible entity purchasing the One Talk service under the Contract along with any Customer end users using the Service. 1. Customer Agreement. Customer’s use of the Service is subject to all Contract terms. This applies regardless of whether the end user device is on the Customer’s account or paid for by the end user (e.g. a Bring Your Own Device arrangement between Customer and end user). 2. How the Service Works. For the Service to work on wireless devices, Customer must select the line on your agency’s profile to which you wish to add the One Talk feature. Each One Talk phone number can be shared with up to eight (8) devices (which can include one (1) smartphone using One Talk in Basic Dialer mode (if available), five (5) smartphones and/or tablets using the One Talk Mobile App, and two (2) desk phones. (Note that desk phones are not required for the Service.) You may only make voice and/or video calls with up to three (3) devices per One Talk phone number at the same time. The Service is not compatible with all price plans and desk phones are not available under all contracts. Check with your sales representative for plan compatibility with the Service and the availability of desk phones under the Contract. Customer is solely responsible for managing its end user access to the One Talk Service, management of end user devices and management of information transmitted via the Service. Addition of devices and associated Service features is managed and administered by the Customer through Verizon Wireless’ web portal. A. One Talk Components One Talk Basic Dialer. If available, the One Talk Basic Dialer adds various business features to a compatible device’s native dialer, which on a compatible smartphones (see https://www.verizonwireless.com/support/compatible-one-talk-devices/ for a current list of supported devices.) With One Talk in Basic Dialer mode, Customer’s One Talk phone number will be the same as its Verizon Wireless phone number. Other devices that you select will share the same One Talk phone number. One Talk Mobile App. The One Talk Mobile App is available for smartphone and tablets either from the Google PlayTM Store for devices with AndroidTM M2M Data Plans and Feature Details One TalkSM and Message+ from Verizon - Government Terms of Service March 6, 2020 DMS-10/11-008C v1.6 Page 51 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. 5.0 or higher or from the Apple® App Store for devices with iOS 9.0 or higher. To use the Service, Customer must add a One Talk phone number to the Mobile App and end users must use the Mobile App to make voice and video calls and to send and receive messages. You can also obtain access to One Talk features through the Mobile App. With the Mobile App, the device will have two phone numbers – one for its original native dialer (if available), and the other for the One Talk number. Other associated devices will share the same One Talk number. Users may install the One Talk Mobile App on a compatible device, including devices receiving service from other carriers. In such circumstances, One Talk phone numbers must be added to their devices, and the users will be Verizon Wireless subscribers for purposes of the Service only, even if they continue to use a different carrier for their original mobile telephone numbers. In order to use messaging through the One Talk Mobile App, the customer also must add the Message + App. Message+ App. The Message+ App provides an integrated and customized messaging experience across an end user’s mobile phone, tablet, PC, and other devices, and an integrated calling experience across a user’s mobile phone and tablet. (Note that integrated calling is not part of the One Talk Service.) An end user can also send group, location and other multimedia messages (“MMS”) in addition to traditional text messages. The Message+ App includes an Integrated Messaging feature that lets users send and receive text and multimedia messages on an end user’s smartphone, tablet, computer or the web using a user’s Verizon One Talk mobile telephone number. The service syncs up to 90 days of messages across an end user’s devices. One Talk Desk Phones. One Talk desk phones are Voice-over-Internet Protocol (VoIP) devices that must be purchased from Verizon Wireless. At your location, you will need separate broadband service (from Verizon or another ISP), either Ethernet or Wi-Fi connectivity, and AC power. Check with your Verizon Wireless sales representative for the availability of desk phones under the Contract. Auto Receptionist: Hunt Group. In order to utilize either of these features, Customer must activate a new Verizon Wireless line or port in a line from another carrier. The settings for the line must be configured using the One Talk section of the My Business web portal. B. Charges For each One Talk line, you will be charged a monthly recurring fee for the Service, in addition to the charges for data, voice, and messaging based on your service plan. Charges for international use may apply. You may be assessed additional 911 surcharges if required by law, for up to a maximum of three devices on each mobile phone number during the applicable billing cycle. Desk Phones. Voice and video calls to and from One Talk desk phones will consume data on your existing broadband, cellular, or Wi-Fi connection. The following applies if you use the VZW network to connect to the Service: One Talk Basic Dialer. Adding the One Talk feature to a smartphone does not consume any data. If you have a device that supports video calling, the voice portion will be billed as minutes of use and the video portion will be billed as data. Voice calls will be billed as minutes of use only. One Talk Mobile App. Your download of the One Talk Mobile App will consume approximately 30 MB of data. Your use of the Service (including your download of the One Talk Mobile App) will be billed as data. Auto Receptionist; Hunt Group. You will be charged a monthly recurring fee for each Auto Receptionist and Hunt Group line in your company’s profile. Integrated Calling Charges (Message+). Integrated Calling does not have a separate monthly service fee, but data usage charges will be incurred in accordance with Customer’s service plan. If a call is transferred among connected devices, each transfer will be billed as a separate call. Also, depending on the service address, Customer may be assessed an additional 911 charge if required by law. Any call made from a tablet to a U.S. number will be treated as a domestic call, no matter where the call originates. Any call made from a tablet to a non-U.S. number will be treated as an international long distance call that originates in the U.S., which is subject to U.S. taxes, fees and Verizon surcharges, no matter where the call actually originates. These calls will be billed in accordance with Customer’s international calling plan and/or international Contract rates. 3. Emergency 911 Calls. End users can make a 911 call over a Wi-Fi connection when using the Service, but whenever possible, end users should avoid doing so because 911 calls over a WiFi connection will not work if there is a failure of your broadband connection or electrical power, or if the 911 system doesn’t recognize the address. In addition, when using a One Talk desk phone, voice functionality (including the ability to make and receive 911 calls) will not be available during a power outage, broadband connection failure or other service disruption. Before any desk phone can be activated or the Service can be activated on any device, Customer must enter the U.S. address where Customer wants emergency services to be sent if end users call 911. It is not necessary to use the same address for all devices. It is very important that Customer updates its 911 address whenever Customer changes its location for any of these devices because this is the location that will be given to emergency services when end users dial 911. End users can go to their mobile device’s Settings and change their 911 address at any time. Customer can change the 911 address for a desk phone on the One Talk section of the My Business web portal. (Note: With a smartphone using the One Talk Mobile App, emergency services will use the 911 address only if you use Wi-Fi to make the 911 call. If end users are using the Verizon Wireless Network, their smartphone’s built-in capabilities will provide the location of the end user’s device.) March 6, 2020 DMS-10/11-008C v1.6 Page 52 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. 4. Integrated Messaging Text Message Feature. To send and receive SMS messages, Mobile devices associated with either One Talk Basic Dialer (if available) or One Talk Mobile App must download the Message+ App to the device. The Integrated Messaging functionality of Message+ enables you to synchronize messages across multiple devices, including smartphones, tablets and the web. Text messages sent and received while using the Service are separate from the native texting app (dual numbers) and are only temporarily retained on the One Talk message platform in the cloud. End users with access to the Service on a Smartphone or the Mobile Client can retrieve/download any text message sent or received using the Service. 5. HIPAA. Integrated Messaging is not designed for secure transmission or storage of personal healthcare information. Therefore, Customer agrees not to use Service to store or transmit Protected Health Information (PHI) as defined in the Health Insurance Portability & Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act of 2009 and accompanying regulations (collectively “HIPAA”). Covered Entities and Business Associates (as defined by HIPAA) will not use Integrated Messaging to store or transmit PHI. Customers that do not want its end users to save messages to the cloud (including all Covered Entities and Business Associates, as defined by HIPAA), must have an authorized representative block Integrated Messaging. For further information, go to https://www.verizonwireless.com/support/verizon-messages- legal/. To learn more about HIPAA, go to: http://www.hhs.gov/ocr/privacy/hipaa/understanding/index.html. 6. Service Limitations. The Service is not compatible with fax machines, credit card machines or certain security systems. Your Verizon Wireless representative can suggest other possible solutions for some of these functions. Please check with your provider to confirm the compatibility requirements of your security system. 7. Important Service Disclosures. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICE IS IMPLEMENTED WITHOUT SPECIFIC CONTROLS THAT MAY GENERALLY BE REQUIRED OR CUSTOMARY FOR CUSTOMERS IN ANY PARTICULAR INDUSTRY AND ARE NOT DESIGNED TO SATISFY ANY SPECIFIC LEGAL OBLIGATIONS. CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING THAT THE SERVICE SATISFIES ANY LEGAL, REGULATORY OR CONTRACTUAL OBLIGATIONS CUSTOMER MAY HAVE. CUSTOMER AGREES TO USE THE SERVICES IN ACCORDANCE WITH ALL APPLICABLE LAWS AND NOT TO USE THE SERVICES IN ANY MANNER THAT MAY IMPOSE LEGAL, REGULATORY OR CONTRACTUAL OBLIGATIONS ON VERIZON WIRELESS, OTHER THAN THOSE WITH WHICH WE HAVE EXPRESSLY AGREED TO COMPLY IN THIS ADDENDUM. CUSTOMER IS ON NOTICE THAT ANY TEXT MESSAGES DELIVERED TO A DEVICE USING THE SERVICE WILL REMAIN ON THAT DEVICE, EVEN AFTER THE MESSAGING FEATURE IS REMOVED OR END USER IS DEREGISTERED AND NO LONGER HAS ACCESS TO THE SERVICE. END USERS CONTROL THE DELETION OF MESSAGES RECEIVED ON THEIR DEVICES. 8. Software. In connection with the Service, Verizon Wireless will provide software that is owned by us, our affiliates or third-party licensors ("Software"). Verizon Wireless may update the Software from time to time and Customer and/or end user failure to install any update may affect Customer’s Service and/or use of the Software. Customer may use the Software only as part of, or for use with, the Service as authorized in this Addendum. Verizon Wireless grants Customer a limited, non-exclusive, non-transferable license to use the Service and the Software solely as authorized in this Addendum. All rights regarding use of the Service and Software not expressly granted in this Addendum are reserved by Verizon Wireless and/or any third-party licensors. The Software contains some programming, scripts, tools, modules, libraries, components, or other items that were developed using "Open Source" code; which are available for download at www.verizon.com/opensource. Software was developed solely at private expense, and Customer has no other rights in software than those set forth herein. As such, customer may not adapt, alter, modify, reverse engineer, de-compile, disassemble, translate, attempt to derive source code from or create derivative works of the Service or Software, or otherwise tamper with or modify any security features or other Service components for any reason (or allow or help anyone else to do so). Customer also agrees to follow all rules and policies applicable to the Service, including the installation of required or automated updates, modifications and/or reinstallations of Software and obtaining available patches to address security, interoperability and/or performance issues. 9. Disclaimer of Warranty. THE SERVICE AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND BY EITHER VERIZON WIRELESS, OUR AFFILIATES, OFFICERS, EMPLOYEES, LICENSORS, CONTRACTORS, AND AGENTS (TOGETHER, THE "VERIZON PARTIES"), INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON- INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE VERIZON PARTIES AND ANY THIRD PARTY MOBILE APPLICATION STORE OPERATORS FROM WHICH YOU DOWNLOAD THE ONE TALK MOBILE APP WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR DAMAGES OF ANY KIND OR ANY SECURITY ISSUES THAT MAY RESULT FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION GIVEN BY THE VERIZON PARTIES SHALL CREATE ANY WARRANTY HEREUNDER. March 6, 2020 DMS-10/11-008C v1.6 Page 53 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Networkfleet Terms and Conditions 1. DEFINITIONS. In these Terms and Conditions, the following terms, when capitalized, shall have the meaning set forth below: “Customer Website Pages” means the web pages on the Networkfleet Website designated by Networkfleet for use by Customer. "Devices" means the Networkfleet wireless device(s) identified on an accepted order. "Networkfleet Services" means the services ordered hereunder including, but not limited to: (a) collection of diagnostic and/or location information from a Vehicle; (b) any proprietary data feed or elements thereof or any APIs provided by Networkfleet; (c) analysis, delivery and posting of Vehicle information to the Networkfleet Website; (d) notification to Customer and/or a designated third party by e-mail of certain events or Vehicle information; (e) Customer access and usage of Customer Website Pages; and (f) Device installation services. "Networkfleet Website" means the Networkfleet website currently located at www.networkfleet.com. “Network Fleet” is a wholely owned subsidiary of Verizon Communications, Inc, and an affiliate of Cellco Partnership, d/b/a Verizon Wireless which is the “Contractor” under the Verizon Wireless State of Florida Contract DMS-10/11-008C "Service Partners" means the entities that Verizon Wireless works with, from time to time, to provide the Networkfleet Services, including, but not limited to, installers, website operators, mapping data providers and licensors. "Vehicle" means any vehicle equipment equipped with a Device and owned or under the control of Customer. 2. NETWORKFLEET LICENSE. During the time that Customer is entitled to receive Networkfleet Services hereunder, the Customer shall have a non exclusive, non transferable license to (i) use the Networkfleet Services in the United States and such other countries as may be approved by Verizon Wireless in writing, (ii) access and use the Customer Website Pages, and (iii) use the firmware and software included in the Devices, solely for use in connection with the Networkfleet Services, and as provided in these Terms and Conditions. Redistribution or resale of this information by the Customer is prohibited without prior written consent. 3. INSTALLATION SERVICES. If Verizon Wireless accepts an order for Device installation services, such services may be performed by Service Partners who will install the Device at a mutually agreed location, in accordance with Networkfleet’s Installation Policy, located at http://info.networkfleet.com/rs/networkfleet/images/Installation_Policy.pdf, as it may be amended from time to time, which is available at the Networkfleet Website. Customer acknowledges and agrees that installation of the Device may involve drilling holes, rewiring and other similar alterations to the Vehicle and that Verizon Wireless is not obligated to restore the Vehicle after removal of the Device. 4. CUSTOMER OBLIGATIONS. Customer shall limit its use of the Devices, Networkfleet Services, Networkfleet Website, and Customer Website Pages to their intended purposes and shall comply, and cause its employees and agents to comply with all applicable laws and regulations and with Networkfleet's Website Acceptable Use Policy, Privacy Policy and all other policies that Networkfleet may establish from time to time, which are, or will be available, on the Networkfleet Website. Customer shall inform its drivers of Vehicles that such Vehicle has been enabled for Networkfleet Services and that the Networkfleet Services include the collection of data points associated with the Vehicle’s location and manner of operation. 5. LIMITED WARRANTY. (a) Verizon Wireless warrants to Customer that a Device purchased hereunder (other than an Asset Tracker device) will be free from defects in material and workmanship that prevent the Device from functioning in accordance with its specifications for a period of three (3) years following the initial activation of a Device. The period may be extended though the same period of time as the Customer has continuously paid for Networkfleet Services for the Device; (b) Verizon Wireless warrants to Customer that an Asset Tracker device which has been purchased new from Networkfleet by Customer, will be free from defects in material and workmanship that prevent it from functioning in accordance with its specifications for a period of three (3) years from initial activation, excluding the battery. (c) Verizon Wireless warrants to Customer that all accessories that are purchased new from Networkfleet by Customer will be free from defects in material and workmanship that prevent them from functioning in accordance with their specifications for a period of one (1) year from the date of shipment, (d) Verizon Wireless warrants to Customer that installation services will be free from defects in workmanship for a period of one (1) year from completion of any such installation services (unless Customer has purchased an extended installation warranty). Verizon Wireless warrants that extended warranty installation services will be free from defects in workmanship for a period of one (1) year following completion of such services. The period may be extended through the same period of time as the Customer has continuously paid for such extended warranty installation service. (e) Warranty claims must be made by notifying Verizon Wireless in writing promptly after Customer learns of the facts supporting a warranty claim, as specified in Networkfleet’s then-current applicable warranty policy. The warranty policy can be found at March 6, 2020 DMS-10/11-008C v1.6 Page 54 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. http://info.networkfleet.com/rs/networkfleet/images/Warranty.pdf. Verizon Wireless will, at its discretion, either repair or replace any non-complying Device with a Device of equivalent functionality, and if applicable, remedy any defects in installation of the Device. (f) THE REMEDIES IN THIS SECTION ARE THE SOLE OBLIGATIONS AND REMEDY FOR BREACH OF ANY WARRANTY. 6. EXCLUSIONS. The Limited does not cover repair, replacement or correction of any defect, damage or malfunctions caused by: (i) failure to properly install the Devices as described in the Networkfleet installation guides (if installation is not performed by Networkfleet); (ii) accident, negligence, theft, vandalism, operator error, misuse or acts of Nature; (iii) failure of the facilities Customer uses to access the Networkfleet Website or to conform to Networkfleet specifications; (iv) modifications, attachments, repairs or unauthorized parts replacements performed by Customer or any third party not authorized by Networkfleet; or (v) use by Customer of hardware or software not provided or approved by Networkfleet. Customer will be responsible for the cost of Support Services provided by Networkfleet caused by any of the foregoing. 7. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 5, VERIZON WIRELESS MAKES NO WARRANTY OR GUARANTEE OF ANY KIND WITH RESPECT TO THE DEVICES AND THE NETWORKFLEET SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VERIZON WIRELESS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. VERIZON WIRELESS DOES NOT WARRANT THAT THE RECEIPT OF DATA, MAPPING INFORMATION, AND OTHER CONTENT FROM THE DEVICES WILL BE AVAILABLE AT ALL TIMES, AT ALL GEOGRAPHIC LOCATIONS, UNINTERRUPTED OR ERROR-FREE, OR THAT THE TRANSMISSION OF DATA, MAPPING INFORMATION, AND OTHER CONTENT FROM NETWORKFLEET TO CUSTOMER OR TO THE CUSTOMER WEBSITE PAGES WILL ALWAYS BE ACCURATE, TIMELY OR COMPLETE. 8. LIMITATION OF LIABILITY. (a) NEITHER PARTY WILL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF THAT PARTY IS INFORMED THAT THOSE DAMAGES MAY OCCUR. VERIZON WIRELESS’ CUMULATIVE LIABILITY UNDER ANY LEGAL THEORY SHALL NOT EXCEED THE AMOUNT PAID TO VERIZON WIRELESS. (b) WITHOUT LIMITING THE FOREGOING, VERIZON WIRELESS AND THE SERVICE PARTNERS ARE NOT RESPONSIBLE FOR LIABILITIES OF ANY KIND RESULTING FROM DELAYS IN DELIVERY, INSTALLATION OR PROVIDING NETWORKFLEET SERVICES OR OTHER SERVICES, REGARDLESS OF THE CAUSE OF THE DELAY. CUSTOMER UNDERSTANDS AND AGREES THAT VERIZON WIRELESS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM AN ALLEGED OR ACTUAL LACK OF SECURITY RELATING TO CUSTOMER'S USE OF THE NETWORKFLEET SERVICES. (c) CUSTOMER UNDERSTANDS AND AGREES THAT: (i) THE DEVICE IS A WIRELESS DEVICE AND THAT WIRELESS COMMUNICATIONS NETWORKS ARE USED TO CONNECT THE DEVICES WITH NETWORKFLEETS DATA CENTER AND BY USING GPS (GLOBAL POSITIONING SYSTEM) TO DETERMINE A VEHICLE’S LOCATION; (ii) THE NETWORKFLEET SERVICES WILL NOT OPERATE UNLESS A VEHICLE IS IN AN AREA THAT HAS ADEQUATE WIRELESS COMMUNICATIONS COVERAGE AND, EVEN IF A VEHICLE IS IN SUCH AREA, THE NETWORKFLEET SERVICE IS SUBJECT TO WIRELESS SERVICE NETWORK AND TRANSMISSION LIMITATIONS AND MAY BE ADVERSELY AFFECTED BY TERRAIN, SIGNAL STRENGTH, WEATHER AND ATMOSPHERIC CONDITIONS, OR OTHER THINGS THAT VERIZON WIRELESS DO NOT CONTROL; AND (iii) INFORMATION ABOUT A VEHICLE’S LOCATION WILL NOT BE AVAILABLE UNLESS THE DEVICE IN THE VEHICLE IS ABLE TO RECEIVE GPS SIGNALS. 9. PROPRIETARY RIGHTS. Customer acknowledges and agrees that the Devices, the Networkfleet Service and the Networkfleet Website may include patent, copyright, trademark, service mark, trade secrets, or other intellectual property rights (collectively “Proprietary Rights”) of Networkfleet, its affiliates or the Service Partners (including, with respect to the Networkfleet Website, materials that may be proprietary to Service Partners and suppliers, and that Networkfleet, its affiliates, including Verizon Wireless and/or the Service Partners retain title to and ownership of those Proprietary Rights and any and all improvements, modifications, fixes or enhancements made by or for Networkfleet, its affiliates and/or the Service Partners to the Devices, the Networkfleet Service or the Networkfleet Website and grant such Customers a limited license for purposes of utilizing the services for the purposed outlined in this agreement. Customer will not copy, modify, reverse-engineer, disassemble or decompile any software or firmware included in any Device or the Networkfleet Website or otherwise provided to Customer by or on behalf of Networkfleet, and will not disclose such software or provide access to the Devices, such software or any Networkfleet Services to any third party for such a purpose. Customer agrees that with respect to the Networkfleet Services, it shall not, nor shall it permit any third party to (a) assign, transfer, lease, rent, sell, distribute or import such Networkfleet Services to any third party; (b) except with the express written consent of Verizon Wireless, combine, embed or incorporate the Networkfleet Services into any other product or service other than any Customer-owned or developed interface for purposes of receiving the data feed delivered from the Networkfleet Devices; (c) reverse engineer, translate, convert, decompile the Networkfleet Services; (d) remove or alter any proprietary notices in the Networkfleet Services;(e) use the Networkfleet Services in connection with the transmission, sale, license, or delivery of any infringing, defamatory, offensive, or illegal products, services, or materials; (f) use the Networkfleet Services in any manner that threatens the integrity, performance, or availability of the Networkfleet Service; or (g) use the Networkfleet Service in any manner that violates local, state or federal laws, regulations or orders. The Networkfleet Website includes aerial, satellite imagery from Digital Globe, one of the Service Partners, as a mapping option. If Customer uses such mapping option, Customer agrees to comply with the terms of use contained in Digital Globe’s End User License Agreement found at https://www.digitalglobe.com/legal/product-terms-and-conditions. March 6, 2020 DMS-10/11-008C v1.6 Page 55 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. 10. MODIFICATIONS; WEBSITE MAINTENANCE. Networkfleet may alter or modify all or part of the Devices, the Networkfleet Services or the Networkfleet Website from time to time; provided such changes do not materially adversely affect Customer's use of the Networkfleet Services or Networkfleet Website. Subject to the foregoing, such changes may include, without limitation, the addition or withdrawal of features, information, products, services, software or changes in instructions. Networkfleet reserves the right to perform scheduled maintenance for the Networkfleet Services and Networkfleet Website from time to time. This may include application and database maintenance as well as general website maintenance and may or may not involve Networkfleet Website and Networkfleet Services unavailability. 11. DATA. Customer represents and warrants that it has all rights and authority with respect to the data Verizon Wireless, Networkfleet, and the Service Partners acquire and transmit through Customer's use of the Devices, the Networkfleet Services and the Networkfleet Website ("Business Data") and grant the rights and approvals set forth in this Agreement and further grants to Verizon Wireless, Networkfleet, its affiliates and the Service Partners the nonexclusive, license and right to collect, access and use Business Data, and to access, copy and use the Business Data in the course of performing the Networkfleet Services and to analyze, measure and optimize the performance of the Devices and the Networkfleet Services and to develop new offerings for Customer and others and for other purposes of Networkfleet and its affiliates, including the development of data products for sale, licensing and distribution to third parties during the term of its contract with the Customer; provided, however, that except as may be required under law or court order, Networkfleet will not disclose or distribute Business Data to a third party in a form that permits identification of Customer. 12. EXPORT CONTROL. Customer understands and agrees that: (i) the software used in connection with the Service is controlled by US export control laws; (ii) further transfer or export of the software may be subject to US export control laws or similar laws of other countries; (iii) Customer will abide by such laws; and (iv) Customer will not re-export or divert the software to a country or activity in contravention of U.S. law. Customer represents and warrant that: (i) Customer is not now located in, does not maintain an office or residence in, is not a citizen of, nor does Customer intend to travel to (without agreeing to follow any specific federal regulatory parameters on such travel), any of the following countries: Cuba, Iran, North Korea, Sudan, Syria, or other locations where the United States or other governments may have restrictions; and (ii) Customer is not, nor does Customer anticipate being, listed on any U.S. Government, United Nations or other country’s prohibited parties list (including, but not limited to the U.S. Department of Commerce Denied Persons List or Entity List and the U.S. Treasury Department's Specially Designated Nationals, Terrorists or Narcotics Traffickers List). 13. OWNERSHIP AND ACCEPTANCE. Title transfer and acceptance of products and services occur upon shipment or provision of service. 14. GENERAL. (a) No amendment, change, modification or waiver to any provision of any accepted order or these Terms and Conditions will be binding unless signed by an authorized representative of each party. (b) The parties' respective rights and obligations under Sections 7. DISCLAIMER OF WARRANTIES, 9. PROPRIETARY RIGHTS, and 11. DATA survive termination of an order. Digital Signage Service - Government Terms of Service These terms and conditions are specific to the Digital Signage Service (“DSS”) (described below) to be provided by Verizon Wireless to Customer hereunder. If there are any inconsistencies between these DSS Government Terms of Service (“GTOS”) and the Agreement, these DSS GTOS shall control with respect to the Digital Signage Service. Any capitalized but undefined terms used in the DSS GTOS shall have the meanings given such terms in the Agreement. By using the Digital Signage Service, Customer acknowledges the terms and conditions on the Portal (defined below) at https://digitalsignage.verizon.com/support/legal, which are incorporated herein and may be modified by Verizon Wireless from time to time. Digital Signage Service Overview. Verizon Wireless’s Digital Signage Service allows Customer’s digital content to be displayed on Customer signage. The service includes (i) a Verizon LTE Media Player and its components (“Media Player”), which is installed by Customer on its signage, (ii) connection to Verizon Wireless’s 4G LTE network, and (iii) use of the Digital Signage Management System (“Portal”), which is accessed via the internet, provides a tool to manage the Media Player, and distribute Customer Content (defined below) to multiple sign displays and to update content securely. Together, these components makeup the “Digital Signage Service.” Account Protection. Verizon Wireless will provide Customer with an initial user name and password to access the Portal, for which Customer is solely responsible. Customer shall permit access to the Portal only by individuals who are authorized by Customer (“User(s)”). Any access to the Portal via such user name and password shall be deemed by Verizon Wireless to be done with Customer's authorization. Customer shall be liable for the acts and omissions of its Users. Customer agrees to immediately notify Verizon Wireless of any unauthorized access to the Portal, account, or any other breach of security. The account and Portal credentials are for Customer’s internal use only and may not be assigned or used by any third party for any reason without Verizon Wireless’s written consent. March 6, 2020 DMS-10/11-008C v1.6 Page 56 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Content. Customer grants Verizon Wireless, its agents, suppliers and subcontractors, the right to process and deliver digital content and data sent to or received by Verizon Wireless from or at the direction of Customer and/or its Users as part of the Service (“Content”). Customer retains all right, title and interest in Content and is solely responsible for any Content uploaded or provided to Verizon Wireless. Transmission, use, distribution or storage of any Content without proper authorizations, or in violation of any applicable law, regulation, or publicity or privacy rights is prohibited. Content shall not include any malware, spyware or any other malicious code. If Verizon Wireless believes Content or any use of the Service violates this DSS Attachment, is fraudulent or misleading, or if the continued provision of the Service violates applicable law, Verizon Wireless may immediately suspend the Digital Signage Service and take other measures as necessary to protect Verizon Wireless, its customers, facilities, network, services, or third parties. Equipment. As part of the Service, Customer must purchase, install and maintain the required Media Player(s). Media Players are for use only in connection with the Digital Signage Service and for no other use. Customer Obligations. Customer is responsible for: (a) proper configuration and use of the Digital Signage Service, (b) determining whether Content is suitable for the Digital Signage Service, including whether the Digital Signage Service is compatible with Customer provided equipment and requirements for transmission; (c) obtaining all required third-party consents for Verizon Wireless’s processing and delivery of Content (including transfers outside the country of origin); (d) taking appropriate steps to secure and backup Content. Campaigns. Customer can schedule Content packages for delivery (“Campaign”). Customer is responsible for Campaign set up and management and Campaign fees, and for the technical integration of Content with the Digital Signage Service. Verizon Wireless shall not be held liable for any failure to set up, test or manage any Campaign. Intellectual Property Rights. Verizon Wireless owns all intellectual property rights in the Digital Signage Service and its devices, components, platform, software, tools, Portal, documentation, and other materials relating thereto, including modifications, updates, revisions or enhancements. All rights not explicitly given are reserved by Verizon Wireless. Subject to the DSS GTOS and all terms and conditions located on the Portal, Verizon Wireless grants to Customer a personal, revocable, limited, nonexclusive, non-transferable, non-sub-licensable license, during the DSS GTOS Initial Term and any renewal term, to access and use the Digital Signage Service solely for internal business use. Customer may not, nor allow a third party to, redistribute, resell, develop, market, rent, transfer, commercialize, host, license, sublicense, decompile, lease, time-share, copy, modify, create derivative works of, translate, reverse engineer, disassemble, remove proprietary labels or notices from, copy any ideas, features or functions of the Digital Signage Service or any part thereof in any way. No Content made available in any Campaign, will infringe any patent, copyright, trademark, or violate any right of publicity or right of privacy. Restrictions. Customer will not, and will not allow any third party to, use the Digital Signage Service for any unlawful purpose or for any high risk or illegal activity, export or re-export the Digital Signage Service, or incorporate or combine the Digital Signage Service in any way with any open source software that would cause the Digital Signage Service, or any portion thereof, to be subject to any license terms of such open source software. License of Customer Marks. Except as otherwise set forth herein, neither Verizon Wireless nor Customer may use any name, logo, marks of the other Party or refer to the other Party in any advertising, promotion, press release or publication without the other Party’s prior written approval. Support of the Digital Signage Service. Verizon Wireless reserves the right to enhance or modify features or functionality of the Digital Signage Service upon prior notice to the Customer, which may be via the Portal. The Digital Signage Service may have outages or be down from time to time for maintenance or for reasons beyond our control. Customers will be notified of any discontinued product and software updates via the Portal. Service Limitations. The Digital Signage Service is provided to Customer only for access and use in the United States on Verizon Wireless’s 4G LTE network. Verizon Wireless may establish limits on the use of the Digital Signage Service, including, but not limited to, the amount of Content sent over a limited time period, delivery times, and the number of active connections. Data Retention and Access. Customer is responsible for protecting and backing up its Content. If Content and Campaigns have not been accessed for 60 days, Verizon Wireless may remove them from the Portal. Fees. Customer shall pay Verizon Wireless all applicable charges (“Fees”) for the Digital Signage Service, which are set out in the Digital Signage Service pricing herein. Term and Termination. The term of the DSS GTOS will begin on the date both Parties sign the Customer activates the service (“Effective Date”) and will run for one year from the Effective Date (“DSSGTOS Initial Term”). The term of the DSS GTOS shall automatically renew for additional one--year periods (“DSS GTOS Renewal term") unless either Party gives notice of cancellation at least 30 days prior to the expiration of the DSS GTOS Initial Term or any DSS Attachment Renewal Term or the Digital Signage Service is otherwise terminated as per the terms herein. VERIZON WIRELESS March 6, 2020 DMS-10/11-008C v1.6 Page 57 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR CANCEL CUSTOMER’S ACCESS TO OR USE OF THE DIGITAL SIGNAGE SERVICE IF CUSTOMER BREACHES THE TERMS AND CONDITIONS HEREIN. GPS Tracking/ Customer Data/Privacy. The Media Player may use external antennae to report GPS location information of the device to Verizon Wireless for use with the Digital Signage Service. By using the Digital Signage Service, Customer hereby agrees to such GPS tracking for use with the Digital Signage Service. Verizon Wireless may collect information provided by Customer in connection with the Digital Signage Service, including Customer contact information, Media Player location, Content, Campaign information, technical data, usage statistics, hardware configuration, and IP addresses (“Customer Data”). Customer represents and warrants that it owns all rights, title, and interest in and to, or has a license for and the right to allow Verizon Wireless to access and use any Customer Data furnished by Customer to Verizon Wireless, and assumes the sole responsibility for the accuracy of the Customer Data. Customer approves and grants to Verizon Wireless, its affiliates and contractors the nonexclusive, fully paid-up, transferable license, and right to collect, access and use Customer Data including to analyze, monitor, measure, maintain, and optimize the performance of the Digital Signage Service, provide updates, and develop new offerings. By using the Digital Signage Service, Customer consents to Verizon Wireless’s collection and use of information in this way and to the terms of the Verizon Wireless Privacy Policy which can be found at https://www.verizon.com/about/privacy/. Customer Representations and Warranties. Customer represents and warrants that it has obtained and will maintain during the DSS Attachment Term and any DSS Attachment Renewal Term all permits, orders, approvals, authorizations or consents required for Customer to access and use the Digital Signage Service. All activities Customer undertakes in connection with this DSS Attachment will be performed in compliance with all applicable laws, rules and regulations (including, if applicable, the notice and take down requirements contained in the Digital Millennium Copyright Act). Contributions. Should Customer provide Verizon Wireless with information, including, but not limited to, feedback, data, answers, questions, comments, suggestions, improvements, observations testing comments, evaluation information, plans, or ideas relating to the Digital Signage Service (“Contributions”), either orally or in writing, Customer hereby assigns all intellectual property rights in such Contribution to Verizon Wireless and agrees not to assert any related rights against Verizon Wireless. Warranty Disclaimer; Limitation of Liability. EXCEPT AS EXPRESSLY PROVIDED HEREIN, VERIZON WIRELESS PROVIDES THE DIGITAL SIGNAGE SERVICE “AS IS” AND ‘AS AVAILABLE’ AND DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT SERVICES SHALL BE ERROR-FREE OR COMPLETELY SECURE. VERIZON WIRELESS DISCLAIMS any and all liability related to any outage, downtime, interruption, breakdown or unavailability (for maintenance, upgrades, updates or otherwise) of ITS Platform, portal, System and/or Service. NEITHER PARTY SHALL BE LIABLE FOR LOST DATA, LOST PROFITS, LOST REVENUES, BUSINESS INTERRUPTION, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES. VERIZON WIRELESS SHALL NOT BE LIABLE FOR CONTENT OR CUSTOMER OWNED EQUIPMENT OR SIGNAGE. OTHER THAN FOR INDEMNIFICATION OR PAYMENT OBLIGATIONS, EACH PARTY’S AGGREGATE LIABILITY FOR CLAIMS AND DAMAGES IN CONNECTION WITH THE AGREEMENT IS LIMITED TO THE LESSER OF (i) DIRECT DAMAGES PROVEN BY THE OTHER PARTY OR (ii) THE AMOUNT OF FEES OR CHARGES PAID TO VERIZON WIRELESS FOR THE SERVICE DURING THE 12-MONTH PERIOD BEFORE THE DATE ON WHICH ANY CLAIM AROSE. Indemnification: Each Party agrees to indemnify, defend and hold harmless the other Party and its and their respective employees, officers, directors, agents, suppliers from an against any losses, liabilities, damages, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and allocable cost of in-house counsel) resulting from or arising out of or relating to a Party’s (a) non-compliance with Laws, or (b) breach of any representation, warranty or covenant herein. This Call Filter Service Attachment (“Call Filter Attachment”) to the Agreement between Customer and Verizon Wireless sets forth the terms and conditions specific to the Call Filter Service (described below) to be provided by Verizon Wireless to Customer hereunder. If there are any inconsistencies between this Call Filter Attachment and the Agreement, this Call Filter Attachment shall control with respect to the Call Filter Service functionality or operation. Any capitalized but undefined terms used in this Call Filter Attachment shall have the meanings given such terms in the Agreement. 1. Call Filter Service Overview. Verizon Wireless’s Call Filter Service allows Customer to take manage its calls (the “Service”). Call Filter Service Attachment to Verizon Wireless Agreement: Government Terms of Service March 6, 2020 DMS-10/11-008C v1.6 Page 58 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. 2. Call Filter and Call Filter Plus Service Description. Call Filter is available to Customer for no additional monthly charges, and provides spam protection (spam alerts, blocking and reporting). Call Filter Plus provides added protection with caller ID and other premium features for a monthly charge, which are set forth in the Call Filter Plus Service Fees exhibit attached hereto. Call Filter utilizes network-based functionality to provide spam alerts and caller ID information on Customer’s devices, and will not require the Call Filter application for these features. Spam blocking and other enhanced spam protection tools require the Call Filter application and a compatible device. Availability of certain features will vary depending on the device. For a full list of compatible devices and available features by device, click on Supported Devices at https://www.verizonwireless.com/solutions-and-services/call-filter/. Basic phones will receive network-based spam protection. Call Filter requires Verizon Wireless's 4G LTE network; limited features of the Service may be available if Customer is roaming on a VoLTE network outside of Verizon Wireless’s 4G coverage area. 3. Call Filter Limitations. Call Filter is not available for incoming calls from restricted or unlisted numbers. Call Filter does not detect spam calls from international numbers, but Customer may choose to block calls from international numbers. Call Filter utilizes analytics and databases that are continually evolving, including spam reporting by customers. Call Filter may not work with some of our other services like NumberShare or eSIM lines. 4. Spam Protection and the Call Filter Application. Call Filter will alert Customer when Customer receives potential spam calls and allows Customer to turn on the spam filter to automatically block (send directly to voicemail) spam calls based on Customer’s preferred risk level (as determined by Customer in the Call Filter application). If Customer enrolls in Call Filter through the Call Filter application, Verizon will automatically turn on Customer’s spam filter to block all high-risk spam calls, but Customer can always turn off or adjust the blocking within the Call Filter application. Call Filter Plus, provides additional protection with caller ID for unknown numbers, access to a risk assessment meter for each spam call, reverse spam number lookup, and additional categories of spam alerts including "Robo Caller" or "Potential Fraud." With Call Filter Plus, depending upon Customer’s device, Customer may also be able to view a list of callers that have been identified as spam or blocked, and block and un-block specific numbers. Call Filter's spam detection and block management may inadvertently mislabel or block legitimate callers including those to whom Customer may have given consent to communicate with via Customer mobile number. Customer should check Customer voicemail to determine if the caller is legitimate (if they left a voice message and if Customer have voicemail enabled). Verizon Wireless does not guarantee that all calls that are spam will be detected. Customer’s spam settings such as spam filters and personal block and spam lists will be permanently deleted once Customer changes devices, uninstalls the Call Filter application, unsubscribes or downgrades the Service, or in the case of Android users, disables the Call Filter application or clear application cache or data. 5. Caller ID. Caller ID, available with Call Filter Plus, displays the name, phone number, city and state of a caller's phone number, if these details are available and supported by Customer’s device. Some devices may only display the caller's name as the Call Filter may not be available on all devices. Some devices also allow identification of text messages when using an eligible messaging application. Android users may also see the caller's uploaded photo if available. 6. The caller's identity may not show if they are labelled as Robo Caller, Potential Spam or Potential Fraud on certain operating systems. Customer’s saved contact names will show instead of the caller identification (so if a call would normally show as a Robo Caller with the Service, but is in Customer’s list of contacts, that contact name will show instead). If Customer uploads a photo, Customer’s photo will be seen by other Verizon Wireless customers that use the Service but will not override a Customer's contact photo (uploading is not available for all devices). 7. Data Charges. Subject to the Agreement, data charges may apply for download of the application and use of the Service. Call Filter does not operate on Wi-Fi, so data charges may apply when using the Service even if Customer device is also connected to Wi-Fi. If Customer’s device is eligible for the uploading or receiving of a picture, data charges apply to such uploading and also for receiving pictures. Such data charges will be billed to Customer’s Verizon Wireless account according to Customer’s data plan. The Service will automatically renew every month unless canceled. For Call Filter Plus, Customer will be billed a Monthly Access Fee as specified in the Call Filter Plus Service Fees exhibit. 8. Privacy. Verizon Wireless may use information about Customer’s activity in the Service, subject to our Privacy Policy, which can be found at http://www.verizon.com/about/privacy/. In order to provide the Service to Customer, Verizon Wireless will access the following information: MTN, contacts, call log, and messages (Android devices only). Verizon Wireless does not share information for any other purposes other than to render the Service. While a Customer end user can review or turn off March 6, 2020 DMS-10/11-008C v1.6 Page 59 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. these permissions at any time in the device settings, without access to that information, the Service will not be provided to that device. 9. Licenses and Restrictions. Call Filter is the property of Verizon Wireless or its licensors. Call Filter software and any application installed on Customer devices are licensed and not sold to Customer. Verizon Wireless and its licensors grants to Customer a limited, non-exclusive, revocable, non-transferable, personal, non-commercial license to use the Service for its intended use, in the United States. 10. Restrictions on Use. Customer will not, or permit anyone else to, sell, resell, distribute, sublicense, loan, lease, otherwise transfer, alter, modify, merge, adapt, copy, delete, record, translate, publish, upload, transmit, export, create derivative works of, make any commercial use of, reverse engineer, decompile, attempt to derive the source code, or disassemble the Service of any software that forms part of the Service. Customer may not use the Service or any part of it for any improper use (including infringement of copyright or other intellectual property rights) and must follow all laws. Customer will not alter, disable, or circumvent any features embedded in the software. All rights not expressly granted to Customer herein are reserved. Verizon Wireless may revoke this license at any time without notice. 11. Branding. All trademarks, service marks, trade names, logos, domain names, and any other features of Verizon Wireless's brand are the sole property of Verizon Wireless and Verizon Wireless does not grant any rights to such branding to Customer for any use at all. Customer may not remove or alter any copyright, trademark, or other intellectual property notices of the Service. 12. User Content. For certain eligible devices, the Service allows Customer to upload a photo to display. Customer may choose to attach a photo from Customer own photo gallery, a new photo that Customer take, or a photo available for use from an Internet search that Customer conducts. Customer is responsible for any content that Customer uploads to the Service. Verizon Wireless does not monitor or control the content Customer chooses to send via the Service and, Verizon Wireless disclaims all responsibility for such content. Photos that Customer did not take may be subject to copyright protection which limits or prohibits their copying, transmission and/or use. Customer agrees that Customer will not attach copyrighted content in a way that infringes any copyright, and that Customer is wholly responsible for any copyright infringement resulting from Customer’s conduct. If Customer is unsure about whether Customer’s conduct is lawful, Customer should not attach the content. 13. Digital Millennium Copyright Act Notice. If Customer believe that Customer content has been improperly used in the Service in a way that constitutes copyright infringement please contact Verizon at the address below. Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that is believed to be residing on Verizon's system or network should be promptly sent in the form of written notice to Verizon's Designated Agent. The Designated Agent for DMCA Notice is: Verizon Copyright Department 1320 North Courthouse Road, Floor 9 Arlington, Virginia 22201, U.S.A. Fax 703.351.3669 Email DMCA@verizon.com NOTE: No other notices or communications should be sent to the Designated Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA. Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements: 1. Signature of copyright owner or person authorized to act on behalf of the owner; 2. Identification of copyrighted work claimed to be infringed; 3. Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address); March 6, 2020 DMS-10/11-008C v1.6 Page 60 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed. It is the policy of Verizon that upon receipt of a valid DMCA notice Verizon will remove or disable access to allegedly infringing material. There are substantial penalties for false claims (see 17 U.S.C. § 512(f)). 14. Open Source and Third Party Licenses. Customer’s use of the Service is subject to open source licenses that form part of the Service. Certain software or technical information is licensed from third parties, and may be covered by one or more U.S. Patents, pending U.S. patent applications, and pending counterpart European and international patents. The open source licenses that form part of the Service are as follows: • https://realm.io/legal/developer-license-terms/ • https://github.com/CocoaLumberjack/CocoaLumberjack/blob/master/LICENSE • https://developer.apple.com/library/archive/samplecode/GenericKeychain/Listings/LICENSE_txt.html#//apple_ref/doc /uid/DTS40007797-LICENSE_txt-DontLinkElementID_8 • https://developer.apple.com/library/archive/samplecode/Reachability/Listings/LICENSE_txt.html#//apple_ref/doc/uid /DTS40007324-LICENSE_txt-DontLinkElementID_3 • https://github.com/rnapier/RNPinnedCertValidator/blob/master/LICENSE • https://github.com/scalessec/Toast/blob/master/license • http://www.apache.org/licenses/LICENSE-2.0 • https://Mozilla.org/MPL/2.0/ • https://github.com/RestComm/jain-sip/blob/master/licenses/NIST-CONDITIONS-OF-USE.txt • https://github.com/RestComm/Jain-Sip/blob/master/licenses/JSIP%20Spec%20license.pdf 15. Termination. Subject to the dispute resolution provision in the Agreement, Verizon may limit, suspend, terminate or discontinue the Service, or certain features or functions of the Service, at any time without notice, including if Customer breaches this Call Filter Attachment. Customer may terminate Customer’s use of the Service at any time by unsubscribing to the Service. 16. DISCLAIMER OF WARRANTIES. THE SERVICE AND ANY INCLUDED APPLICATION IS PROVIDED BY VERIZON OR ITS LICENSORS 'AS IS', WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR CONDITIONS OF ANY KIND, INCLUDING FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CUSTOMER USES THE SERVICE AT ITS OWN RISK. VERIZON WIRELESS AND ITS LICENSORS, AND VENDORS MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, AVAILABILITY, COMPLETENESS, USEFULLNESS, SECURITY, RELIABILITY, INTEROPERABILITY, OR THAT THE SERVICE WILL BE UNINTERRUPED, VIRUS FREE, OR COMPATIBLE WITH YOUR DEVICE OR THAT THE SERVICE WILL MEET YOUR EXPECTATIONS AT ALL OR AS TO THE IDENTIFICATION, LABELING, SPAM OR BLOCK MANAGEMENT, OR BLOCKING OF CALLS. VERIZON WIRELESS AND ITS LICENSORS, AND VENDORS DO NOT PROVIDE ANY WARRANTY (EXPRESS OR IMPLIED) OR GUARANTEE THAT ALL SPAM, ROBOCALLER AND FRAUDLENT CALLERS WILL BE IDENTIFIED, LABELED CORRECTLY OR BLOCKED. THE SERVICE COULD CAUSE DAMAGE TO CUSTOMER, ITS DATA, DEVICES, SOFTWARE OR HARDWARE. 17. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE LIABILITY OF VERIZON WIRELESS OR ITS LICENSORS, AND VENDORS FOR MONETARY DAMAGES FOR ANY CLAIMS, THAT CUSTOMER MAY HAVE UNDER THESE TERMS ARE LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD, AND THE MAXIMUM IN DAMAGES RECOVERABLE SHALL BE TEN ($10) U.S. DOLLARS. UNDER NO CIRCUMSTANCES ARE VERIZON WIRELESS, ITS LICENSORS, AND VENDORS LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, REPUTATION, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THE INABILITY TO USE THE SERVICE IN ANY WAY WHETHER FORESEEABLE OR NOT OR WHETHER ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. VERIZON WIRELESS SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR PENALTIES (DIRECT OR INDIRECT) AS A RESULT OF MIS-IDENTIFICATION, MIS-MANAGEMENT OR BLOCKING OF A CALLER OR FAILURE TO PROPERLY IDENTIFY, MANAGE OR BLOCK A CALLER. 18. [Reserved] March 6, 2020 DMS-10/11-008C v1.6 Page 61 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. 19. Export Control. Use of the Service may be subject to the export and import laws of the Unites States and other countries. Customer agrees to comply with all applicable export and import laws and regulations. By using the Service and/or by downloading the applicable Application, Customer agrees that Customer are not located in, under the control of, or a resident or national of any country, or person, on the United States Treasure Department's list of Specially Designated Nationals or the United States Commerce Department Table of Deny Orders. Customer also agrees that Customer are not located in a country that is subject to the U.S. government embargo, or that is designated by the U.S. as a terrorist supporting country and Customer are not listed on any U.S. government list of prohibited or restricted parties. Customer agrees also not to attempt to export or import any encrypted information, materials, hardware or software. 20. Safety. Customer must not endanger either Customer or others by using the Service while driving or engaging in any other activity that requires Customer’s full attention. March 6, 2020 DMS-10/11-008C v1.6 Page 62 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Revision History Version Date Description 1.0 1/20/13 Original Template 1.1 6/6/14 Amendment 6 1.2 5/15/17 ADDED: • Push to Talk Plus • Domestic Land Mobile Radio (LMR) Feature for PTT+ • International Options Monthly Features: Mexico and Canada • International Options Monthly Features: 140+ Countries • International Options Monthly Recurring Features: Mexico and Canada • International Options Monthly Recurring Features: 140+ Countries • MobileIron Enterprise Mobility Management o On-premise License and Installation Fees o Cloud License and Installation Fees o Technical Product Training • Canvas • Samsung Knox • Verizon Auto Share (In Vehicle) Plan Revised/Removed • NationalAccess Roaming • Push to Talk • V Cast/VPak • CDMA Roaming • International Options 140+ Countries 1.3 8/21/17 ADDED: • IBM MaaS360 Enterprise Mobility Management Revised/Removed • Push to Talk Plus • Domestic Land Mobile Radio (LMR) Feature for PTT+ • Verizon Mobile Device Management (MDM): Government Subscribers Only • Verizon Auto Share (In Vehicle) Plan • On-Premise (Core) (Software Perpetual License) 1.4 5/9/18 ADDED: • Custom Flat Rate Mobile Broadband – Government • Custom Mobile Broadband Plan II – Government • Public Safety Custom Plans o Custom 4G Unlimited Smartphone Plan with Mobile Broadband Priority for National Security, Public Safety, and Emergency Preparedness o Custom Unlimited Basic Phone Plan for National Security, Public Safety, and Emergency Preparedness o Custom Unlimited Push to Talk Only Plan for National Security, Public Safety, and Emergency Preparedness o Mobile Broadband Priority Feature for National Security, Public Safety, and Emergency Preparedness o Custom 4G Unlimited Mobile Broadband Plan with Mobile Broadband Priority for National Security, Public Safety, and First Responders o Private Network Core Service for National Security, Public Safety, and Emergency Preparedness o 4G LTE Private Network Traffic Management (PNTM) Private IP Only (fixed WAN) Government Subscribers Only o Networkfleet Service Options for State of Florida o Networkfleet Device/Hardware Options for State of Florida March 6, 2020 DMS-10/11-008C v1.6 Page 63 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. o Custom 4G Unlimited Smartphone Plan for Public Sector State of Florida - Government Subscribers Only o Numbershare o One Talk o Networkfleet Terms and Conditions o One Talk Terms and Conditions Revised/Removed • Verizon Mobile Device Management (MDM): Government Subscribers Only • Custom 4G Unlimited Smartphone Plan with Mobile Broadband Priority for National Security, Public Safety, and First Responders 1.5 3/6/19 ADDED: • Radio Over Internet Protocol (ROIP) and Inter Sub-System Interface (ISSI) Virtual Deployment • Digital Signage Service • Verizon Wireless Preemption Service Feature for National Security, Public Safety, and First Responders Revised • Custom 4G Unlimited Smartphone Plan with Mobile Broadband Priority and Preemption for National Security, Public Safety, and Emergency Preparedness • Custom Unlimited Basic Phone Plan for National Security, Public Safety, and Emergency Preparedness • Custom Unlimited Push to Talk Only Plan for National Security, Public Safety, and Emergency Preparedness • Mobile Broadband Priority Feature for National Security, Public Safety, and Emergency Preparedness • Custom 4G Unlimited Mobile Broadband Plan with Mobile Broadband Priority and Preemption for National Security, Public Safety, and First Responders • Private Responder Core Service for National Security, Public Safety, and Emergency Preparedness • 4G LTE Private Network Traffic Management (PNTM) Private IP Only (fixed WAN) Government Subscribers Only 1.6 10/4/19 ADDED • Netmotion Revised/Corrected • Hyperlinks 1.7 2/18/20 ADDED • Name ID Features • Call Filter Plus Service Fees • Call Filter Free Service Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9609 Agenda Date: 9/16/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.15 SUBJECT/RECOMMENDATION: Approve a purchase order (contract) to Oracle America, Inc. of Redwood Shores, CA for software maintenance in a not-to-exceed amount of $303,229.47 for term October 1, 2021 through September 30, 2022 pursuant to City Code of Ordinances 2.563 (1)(a) single source and authorize the appropriate officials to execute same. (consent) SUMMARY: This is an annual contract for PeopleSoft (payroll system) at $142,398.44; Oracle (database licensing) at $41,897.44; Oracle OWAM maintenance (asset management system) at $97,596.81; and Oracle Mobile Device at $21,336.78. This Purchase Order represents an approximate $4,000 decrease in real maintenance costs from a year ago. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 5559864-530500, maintenance contracts, to fund this contract. Page 1 City of Clearwater Printed on 9/14/2021 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_US_v011221 20-Jul-21 Dear Dan Mayer A support service renewal is expired or about to expire. The technical support services for support service number P-95-301-00-000--22 will expire,or have expired on 30-Sep-21. Renewing these services is easy.Just click the Quick Checkout button below and complete your renewal online.Once your renewal is completed,the new Support Period for these services will begin on the start date listed for this renewal in your My Support Renewals account and will be provided through the end date as shown for this renewal in your My Support Renewals account.A renewal order containing all of the information about your renewal is also attached for your reference.So that there is no interruption in these services,please complete your renewal on or before 1-Sep-21.You can see and manage all of your support service renewals anytime on My Support Renewals by clicking the Manage Your Renewals button below. Quick Checkout Manage Your Renewals To log into My Support Renewals,you will need your username and password: Your Oracle.com username is:DANIEL.MAYER@MYCLEARWATER.COM New Customer?Forgot your password?Reset. If you are unable to complete your renewal on My Support Renewals,you can complete your renewal by following the instructions in the attached renewal order.So that there is no interruption in these services, please complete your renewal on or before 1-Sep-21.If applicable,the attached renewal order may include technical support services that you have requested to order that are in addition to the technical support services that you are renewing. Have a question about your renewal?Call 301-641-0727 or email Oracle at mavis.waters@oracle.com. Have a question regarding Auto Renew or the acceptance process on My Support Renewals?Call 301- 641-0727,Chat on My Support Renewals,or Request Assistance. Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_US_v011221 TECHNICAL SUPPORT SERVICES RENEWAL ORDER GENERAL INFORMATION OFFER EXPIRATION ORACLE: Oracle America, Inc. Support Service Number:P-95-301-00-000--22 Oracle Contact Information: Mavis Waters Telephone: 301-641-0727 Fax: Email: mavis.waters@oracle.com Offer Expires:30-Sep-21 CUSTOMER: CITY OF CLEARWATER CUSTOMER QUOTE TO CUSTOMER BILL TO Account Contact:Dan Mayer Account Contact:Kristina Cook Account Name:CITY OF CLEARWATER Account Name:CITY OF CLEARWATER Address:PO Box 4748 Address:Information Technology Information Technology Department CLEARWATER FL 33758 United States 100 S. Myrtle Ave 3rd Floor CLEARWATER FL 33756 United States Telephone:727 562-4662 Telephone:1-727-562-4656 Fax: Fax: E-mail:Daniel.Mayer@MyClearw ater.com E-mail:kristina.cook@myclearwater. com "You"and "Your"as used in this renewal order,refer to the Customer listed above. Please take a minute to make sure the email information entered above is correct.Your email address is particularly important because Oracle may email You certain notices about technical support services.If You need to make any changes to the Customer information above,You can either login to your My Support Renewals account and select "Update Quote to Information"to edit Your "Quote To"information and You can edit Your "Bill To"information at check out.Alternatively,this information can be updated by providing Your current information along with Your support service number P-95-301-00-000--22,to Oracle per the General Information section above. Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_US_v011221 SERVICE DETAILS Program Technical Support Services Service Level:Software Update License & Support Product Description CSI #Qty License Metric License Level / Type Start Date End Date Price PeopleSoft Enterprise Human Resources For Public Sector - Employee Count Perpetual 14501911 190 FULL USE 1-Oct-21 30-Sep-22 489.27 PeopleSoft Enterprise Payroll For Public Sector - Employee Count Perpetual 14501911 190 FULL USE 1-Oct-21 30-Sep-22 489.27 Program Technical Support Fees:USD 978.54 Program Technical Support Services Service Level:Software Update License & Support Product Description CSI #Qty License Metric License Level / Type Start Date End Date Price Merant Net Express V3 Win/Nt 14501859 1 USER 1-Oct-21 30-Sep-22 3,022.77 Oracle Utilities Mobile Device Management Base - Customer Perpetual 16130816 1 FULL USE 1-Oct-21 30-Sep-22 9,404.34 Micro Focus Visual COBOL for Windows for 2 Named Users (Mfr is Microfocus; Third Party Program) 17885976 1 FULL USE 1-Oct-21 30-Sep-22 8,909.67 Program Technical Support Fees:USD 21,336.78 Program Technical Support Services Service Level:Software Update License & Support Product Description CSI #Qty License Metric License Level / Type Start Date End Date Price Oracle Database Enterprise Edition - Named User Plus Perpetual 18925318 45 FULL USE 1-Oct-21 30-Sep-22 12,213.30 Oracle Database Enterprise Edition - Named User Plus Perpetual 18925318 225 FULL USE 1-Oct-21 30-Sep-22 10,626.25 Oracle Database Enterprise Edition - Processor Perpetual 18925318 2 FULL USE 1-Oct-21 30-Sep-22 9,829.85 Oracle Database Standard Edition - Named User Plus Perpetual 18925318 75 FULL USE 1-Oct-21 30-Sep-22 2,262.61 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_US_v011221 Program Technical Support Services Service Level:Software Update License & Support Product Description CSI #Qty License Metric License Level / Type Start Date End Date Price Oracle Database Standard Edition - Named User Plus Perpetual 18925318 115 FULL USE 1-Oct-21 30-Sep-22 6,965.43 Program Technical Support Fees:USD 41,897.44 Program Technical Support Services Service Level:Software Update License & Support Product Description CSI #Qty License Metric License Level / Type Start Date End Date Price SPL Synergen Series Base Product: All Subsystems - Concurrent User Perpetual 15397410 200 CONCUR RENT DEVICE FULL USE 1-Oct-21 30-Sep-22 31,998.95 SPL Synergen Series Base Product: All Subsystems - Server Perpetual 15397410 1 FULL USE 1-Oct-21 30-Sep-22 25,599.16 SPL Synergen Series ESRI GIS Integration Extension - Server Perpetual 15397410 1 FULL USE 1-Oct-21 30-Sep-22 7,999.75 SPL Synergen Series Web Deployment - Concurrent User Perpetual 15397410 200 CONCUR RENT DEVICE FULL USE 1-Oct-21 30-Sep-22 31,998.95 Program Technical Support Fees:USD 97,596.81 Program Technical Support Services Service Level:Software Update License & Support Product Description CSI #Qty License Metric License Level / Type Start Date End Date Price PeopleSoft Enterprise Extended Enterprise License - Employee Count Perpetual 14482912 1900 VALUE 1-Oct-21 30-Sep-22 10,708.76 PeopleSoft Enterprise Human Resources For Public Sector - Employee Count Perpetual 14501911 380 FULL USE 1-Oct-21 30-Sep-22 1,085.08 PeopleSoft Enterprise Human Resources For Public Sector - Employee Count Perpetual 14501911 1900 VALUE 1-Oct-21 30-Sep-22 64,270.49 PeopleSoft Enterprise Payroll For Public Sector - Employee Count Perpetual 14501911 380 FULL USE 1-Oct-21 30-Sep-22 1,085.08 PeopleSoft Enterprise Payroll For Public Sector - Employee Count Perpetual 14501911 1900 VALUE 1-Oct-21 30-Sep-22 64,270.49 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_US_v011221 Program Technical Support Services Service Level:Software Update License & Support Product Description CSI #Qty License Metric License Level / Type Start Date End Date Price PeopleSoft Enterprise Absence Management - Employee Count Perpetual 14501912 1900 VALUE 1-Oct-21 30-Sep-22 0.00 PeopleSoft Enterprise Talent Acquisition Manager - Employee Count Perpetual 14501912 1900 VALUE 1-Oct-21 30-Sep-22 0.00 Program Technical Support Fees:USD 141,419.90 Total Price:USD 303,229.47 Plus applicable tax NOTES ·If Oracle accepts Your renewal order,the start date set forth in the Service Details table above shall serve as the commencement date of the technical support services and the technical support services ordered under this renewal order will be provided through the end date specified in the table for the applicable programs and/or hardware ("Support Period"). ·If any of the fields listed in the Service Details table above are blank,then such fields do not apply to Your renewal. Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_US_v011221 TECHNICAL SUPPORT SERVICES TERMS If the Customer and the Customer Quote To name identified in the General Information table above are not the same,CITY OF CLEARWATER represents that Customer has authorized CITY OF CLEARWATER to execute this renewal order on the Customer's behalf and to bind the Customer to the terms contained in this renewal order.CITY OF CLEARWATER agrees that the services ordered are for the sole benefit of Customer and shall only be used by Customer.CITY OF CLEARWATER agrees to advise Customer of the terms of this renewal order as well as any communications received from Oracle regarding the services. If the Customer and the Customer Bill To name identified in the General Information table above are not the same,Customer agrees that:a)Customer has the ultimate responsibility for payments under this renewal order;and b)any failure of CITY OF CLEARWATER to make timely payment per the terms of this renewal order shall be deemed a breach by Customer and,in addition to any other remedies available to Oracle,Oracle may terminate Customer's technical support service under this renewal order. Technical support is provided under Oracle's technical support policies in effect at the time the services are provided.The technical support policies are subject to change at Oracle's discretion;however, Oracle will not materially reduce the level of services provided for supported programs and/or hardware during the period for which fees for technical support have been paid,or for U.S.federal and public sector entities,the period for which services have been ordered.You should review the technical support policies prior to entering into this renewal order. The current version of the technical support policies may be accessed at http://www.oracle.com/us/support/policies/index.html. Regarding the inclusion of DFARS 252.204-7012,the parties agree that DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (OCT 2016),does not apply to the Commercial Off the Shelf (COTS)licenses or hardware,and does not apply to the associated technical support because Oracle will not process,collect,develop,receive,transmit,use,or store "covered defense information"on "covered contractor information systems"as defined in DFARS 252.204-7012,Safeguarding Covered Defense Information and Cyber Incident Reporting (OCT 2016),in performance of the associated technical support services ordered under this renewal quote,and the Government agrees that it will not provide "covered defense information"to Oracle in performance of the associated technical support services. The technical support services renewed under this renewal order are governed by the terms and conditions of the SLSA-225665-01-OCT-1995 ("agreement").Any use of the programs and/or hardware, which includes updates and other materials provided or made available by Oracle as a part of technical support services,is subject to the rights granted for the programs and/or hardware set forth in the order in which the programs and/or hardware were acquired. This renewal order incorporates the agreement by reference. In the event of inconsistencies between the terms contained in this renewal order and the agreement, this renewal order shall take precedence. Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_US_v011221 RENEWAL PROCESSING DETAILS Please renew the technical support services on this renewal order on My Support Renewals. If You are unable to renew using My Support Renewals,You can renew using the options below.Your renewal order is subject to Oracle's acceptance.Your renewal is considered complete when You provide Oracle with payment details for the renewal as detailed below or an executed Oracle Financing contract. Once completed,Your renewal cannot be cancelled and Your payment is nonrefundable,except as provided in the agreement.Oracle will issue an invoice to You upon receipt of a purchase order or a form of payment acceptable to Oracle.If You are U.S.federal government or public sector entity,Oracle will issue You an invoice quarterly in arrears after the services are performed. Unless you are an U.S. federal government entity, Oracle's invoice includes applicable sales tax, GST, or VAT (collectively referred to as "tax"). If CITY OF CLEARWATER is a tax exempt organization and is not an U.S. federal government entity, a copy of CITY OF CLEARWATER's tax exemption certificate must be submitted with CITY OF CLEARWATER's purchase order, credit card, or other acceptable form of payment. Please note that unless You are a U.S. federal government or public sector entity, if the pre-tax value of this renewal is USD $2,000 or less, the technical support services ordered must be paid by credit card; or You must renew Your support on My Support Renewals. Technical Support fees are invoiced Quarterly in Arrears.All fees payable to Oracle are due within 30 NET from date of invoice. You agree to pay any sales,value-added or other similar taxes imposed by applicable law,except for taxes based on Oracle's income. PAYMENT DETAILS Purchase Order If You are submitting a purchase order for the payment of the renewal of the technical support services on this renewal order,the purchase order must be in a non-editable format (e.g.,PDF)and include the following information: -Support Service Number:P-95-301-00-000--22 -Total Price:USD 303,229.47 (excluding applicable tax) -Local Tax,if applicable In issuing a purchase order,CITY OF CLEARWATER agrees that the terms of this renewal order and the agreement supersede the terms in the purchase order or any other non-Oracle document,and no terms included in any such purchase order or other non-Oracle document shall apply to the technical support services renewed under this renewal order. Please contact Oracle per the General Information section above to issue Your purchase order. Credit Card If You wish to use a credit card to pay for the renewal of the technical support services on this renewal order,please contact Oracle per the General Information section above.Please note that Oracle is unable to process credit card transactions of USD $100,000 or greater or transactions that are not in USD. Check Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_US_v011221 If You are submitting a check for the payment of the renewal of the technical support services on this renewal order,the check must include the following information: -Support Service Number:P-95-301-00-000--22 -Total Price:USD 303,229.47 (excluding applicable tax) -Local Tax,if applicable In issuing a check,CITY OF CLEARWATER agrees that only the terms of this renewal order and the agreement shall apply to the technical support services renewed under this renewal order.No terms attached or submitted with the check will apply. Checks for technical support services renewed under this renewal order should be sent to: Checks for technical support services renewed under this renewal order should be sent to: AK,AZ,CA,HI,ID,NV,OR,UT,WA: Oracle America,Inc PO Box 44471 San Francisco,CA 94144-4471 All Other States: Oracle America,Inc PO Box 203448 Dallas,TX 75320-3448 Payment Confirmation If You cannot pay using any of the payment methods described above,please complete this payment confirmation and submit it to Oracle.Please initial the following statement that best applies to You. ____CITY OF CLEARWATER does not issue purchase orders. ____CITY OF CLEARWATER does not require a purchase order for the services ordered hereto. CITY OF CLEARWATER certifies that the information provided above is accurate and complies with CITY OF CLEARWATER's business practices in entering into this renewal order,including obtaining all necessary approvals to release the funds for this renewal.In issuing this payment confirmation,CITY OF CLEARWATER agrees that the terms of this renewal order and the agreement shall apply to the technical support services ordered under this renewal order.No terms attached or submitted with the payment confirmation will apply. The signature below affirms CITY OF CLEARWATER's commitment to pay for the services ordered in accordance with the terms of this renewal order. CITY OF CLEARWATER __________________________________ Authorized Signature __________________________________ Name __________________________________ Title Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_US_v011221 __________________________________ Signature Date Please contact Oracle per the General Information section above to issue Your Payment Confirmation. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9611 Agenda Date: 9/16/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.16 SUBJECT/RECOMMENDATION: Authorize a purchase order to Tencarva Machinery CO LLC, dba Hudson Pump and Equipment Associates, Inc. Of Greensboro NC for additional SmartCover Systems associated with wastewater system manhole sewage level monitoring equipment in a not-to-exceed amount of $49,912.00, pursuant to Clearwater Code of Ordinances 2.563(1)(a) single source and authorize the appropriate officials to execute same. (consent) SUMMARY: On May 7, 2020, City Council approved an In-Kind Project with the Florida Department of Environmental Protection (FDEP) to satisfy a Settlement Agreement, Executed Consent Order OGC File 20-0100 for an amount of $80,388.96. This request for an additional amount of $49,912.00 is being undertaken as part of a separate Settlement Agreement, Executed Consent Order OGC File No 21-0522 with FDEP bringing the cumulative total spent on SmartCover Systems to $130,300.96. These purchases represent an expansion of and continued upgrade to the current wastewater collection system manholes which will assist in preventing, and/or reducing the severity of overflows and customer backups in the monitored portions of our wastewater collection system rather than only clean-up after the fact. Tencarva Machinery CO LLC, dba Hudson Pump & Equipment Associates, Inc. is the sole Municipal Distributor for SmartCover Systems for the State of Florida for the purchase of new manhole level monitoring systems complete with associated telemetry equipment plus data communications service which will be utilized to monitor wastewater collection system manhole sewage level heights and issue an alert that sanitary sewer levels may be increasing, allowing them to be cleaned proactively and prevent overflows and customer backups.   APPROPRIATION CODE AND AMOUNT: Funds are available in Capital Improvement Project 96665, Sanitary Sewer Repair and Replacement, to fund the professional services agreement and work order. 3217321-546900-96665 $80,388.96 (5/7/21 Council approved) 3217321-546900-96665 $49,912.00 (Additional Amount) Total $130,300.96 Page 1 City of Clearwater Printed on 9/14/2021 Quoted By: Cathy Jackson 3524 Craftsman Boulevard  Lakeland, FL  33803 Tel: (863) 665-7867  Fax: (863) 666-5649 Municipal Division Quote No: 061021MMR-2 UPDATED Date: 08/13/21 Company: City of Clearwater No. Pages: 1 Location: Public Utilities Dept Your No. Attn: Glenn Daniel Delivery: 3 -4 Weeks Phone: 727-562-4960 Terms: Net 30 Fax: Email: Glenn.daniel@myclearwater.com F.O.B.: Destination From: Missy McLaughlin-Raney/Jim Murphy Conditions of Service: We are pleased to quote as follows: Qty. Description Price Each Extension 10 SmartCover Model SC-Q-SB-15 E-Box System Control Dual Sensing Module w/ 15 FT cord $3985.00 $39850.00 10 ASM-SC1 1 Year Active Site Management $365.00 $3650.00 4 ASM-RD-1Y Smart Rain $98.00 $392.00 10 1 Field Service Installation Freight $560.00 $5600.00 $420.00 TOTAL $49,912.00 Quote Expires Sept. 30, 2021 With the following notes: 1. Delivery: 3 – 4 Weeks Best Regards, Missy McLaughlin-Raney HUDSON PUMP & EQUIPMENT Phone: (863) 665-7867 Fax: (863) 666-5649 E-mail: mmraney@tencarva.com Visit us at www.hudsonpump.com 5MAnTC:CVER® 5'-r'5TEM5'" ~ TURNING YOUR DATA INTO DECISIONS'" A Sole Source Letter -Exclusive Distributor City of Clearwater Mr. David Porter Public Utilities Department Date January 12, 2021 This letter is to provide notification that Hadronex, Inc. (doing business as SmartCover® Systems™) herein known as "Company" with corporate offices located at 2110 Enterprise Street, Escondido, CA 92029, is the sole creator, manufacturer and marketer of a group of systems and products, including: the award winning SmartCover®; SmartFLOE™; SmartVault; SmartWeir™; SmartClean™; SmartTank™; SmartTrend®; SmartRain™; SmartTide™; Undercover®; Subsonic™; H2Scents™ and StreamWatchrM. The SmartCover® family of products are both patented and proprietary, designed and manufactured by the Company to provide users with unique qualities and functions based on acquiring water level and/or flow data as well as other data in the sewer collection system or other structures with open channel flows, using ultrasonic, pressure or combined technology combined with embedded analytics and data fusion. The SmartCover® system, which acquires and transmits data through the Iridium® military grade satellite network, is immune to terrestrial communications interruptions caused by storms or hurricanes and provides 24/7 user access via a secure web browser and through a dedicated, secure user website. SmartCover® uniquely provides real-time, continuous monitoring capability powered by an engineered and proprietary long-life lithium thionyl chloride battery pack. It uniquely communicates with an embedded digital radio through the Iridium® satellite system assuring global, redundant and continuous coverage. Mounted directly on the manhole cover, the patented SmartCover® configuration is designed to be installed with no confined space entry per OSHA CFR 1910.146(b). The manhole cover mounting also provides a real-time intrusion alarm when the manhole cover is opened, providing a unique capability to detect intrusions or entries into the manhole or hatch. Hudson Pump & Equipment a Tencarva Company is the exclusive Municipal Distributor for SmartCover® Systems™ for the State of Florida for the purchase of new products. No other representative can sell products for SmartCover® Systems™. Your contact is Jim Murphy, and his information is: Jim Murphy 863-581-4004 jmurphy@tencarva.com Hudson Pump & Equipment/ Tencarva Inc. Lakeland, FL 33813 Company is protected by the following US Patents: 7,292,143; 7,589,630; 7,598,858; 7,944,352; 7,948,215; 8,607,654; 9,297,684; and 9,482,568. The systems are also protected by registered trademarks and international patents. Company also has a Madrid Treaty filing for its main trademark. We hope this information will satisfy your requirements and that it clearly demonstrates the special, patented, unique and proprietary features of our systems. Sincerely, Greg Quist, Ph.D. President/CEO gqu ist@smartcoversystems.com 2110 Enterprise Street, Escondido, CA 92029 P: 760-291-1980 W: smartcoversystems.com E: sales ,QJsmartcoversystems.com 25010SD REV A Page 1 of 1 08/2019 SMARTCOVER~ WE'VE GOT IT COVERED™ PART 1 SPECIFICATIONS 1.1 SYSTEM REQUIREMENTS A. A real-time level and flow monitoring system that operates in and around the sewer collection system shall be provided that is comprised of the following requirements. 1.2 SYSTEM SPECIFICATIONS A. The monitoring system type shall have active installations at more than 400 other public collection systems in the United States. B. The monitoring system type shall cumulatively have in excess of 150,000,000 operating hours of remote field unit operational experience. C. Multiple sensors shall be supported by the system. D. The system Remote Field Unit (RFU) shall monitor water levels at a rate of at least 12 times per hour with six (6) recorded measurements per hour, unless there is an alarm, and have the ability to remotely and wirelessly change this rate. 1. Alarms shall be reported, when User-defined sensing thresholds are exceeded, in nominal conditions, within 20 seconds of detection. 2. Thresholds may be set and changed remotely by system Users. E. The data shall be acquired from remote monitoring sites, via a low earth orbit satellite communication system, and delivered to redundant, secure servers with 2048-bit key encryption. 1. Data from remote sites are accessed via the cloud on any web-enabled, desktop, smartphone, and smart device. F. The RFU shall meet IP-68 standards and capable of surviving immersion in sewage water at depth of six (6) feet for at least 24 hours. G. The RFU shall be designed to be easily mounted to manhole covers and may be installed completely outside the manhole to avoid confined space entry as defined by OHSA 1910.146. H. Remote field units shall provide periodic health messages a minimum of two (2) times per day indicating the proper operating parameters of the instrumentation including the health of the ultrasonic sensor, power pack, and satellite signal quality. I. RFU shall contain a micro-electromechanical system (MEMS) device capable of detecting acceleration and tilt and detect and immediately alarming for the opening or closing of the hatch or manhole cover. J. Remote data shall be accessible via a mobile app supported by Android and iOS. K. System will provide an application programming interface (API) for integration with customer data utilizing a JSON Web Token (JWT) for authentications and endpoints return data in JSON format. 1.3 REMOTE FIELD UNIT COMPONENTS A. The system shall be modular to provide application flexibility and have a remote field unit (RFU) containing the following components: 1. Sensor or set of sensors SmortCoverSystems.com SMARTCOVER® WE'VE COT IT COVERED™ 2. Two-way wireless, satellite communications 3. Data access, management and storage 4. System control box 5. Self-contained power source 6. Antenna 7. Mounting hardware 1.4 SENSOR SPECIFICATIONS A. The system remote field units (RFU) shall be capable of using one or more of the following sensors without any physical change in configuration of the system control box: 1. Ultrasonic sensor; 2. Dual pressure-level sensor that provides a means to measure water levels ABOVE the ultrasonic sensor with the following performance specifications: a. Ultrasonic resolution shall be no more than 0.1" b. Pressure resolution shall be no more than 0.5" c. Built-in algorithm to minimize false distance readings d. Total dynamic range of O inches to 30 feet e. Fully potted and capable of withstanding lOG of force, and have an IP-68 rating f. Does not require field calibration g. Is temperature compensated h. Small enough (less than 4" x 4" x 6") and independent physically of the system control box i. Positioned easily anywhere in a manhole, CSO structure or similar structure with a connecting cable to the system control box up to 300 feet from the system control box 3. Hydrogen sulfide (H 2S) sensor with the following performance: a. Sensing ranges of O -1000 ppm b. Minimum calibration interval: 90 days c. Constructed and operates to IP-68 standards 1.5 COMMUNICATION A. The system shall provide full two-way, satellite communication between the User and the RFU location. 1. Monitoring data transmits from the RFU to the User dashboard. 2. Commands can be sent from the User to the remote site to request data or change operational set points. 3. The commands will be received by the RFU and executed within one (1) hour or less. 4. Communications will remain in operations during short-or long-term electrical grid power loss, loss of local cellular networks, loss of local power. 5. Communications to/from remotely monitored sites shall be enabled through a smartphone or smart device application. B. The system shall communicate using two-way, digital-radio signals directly to orbiting satellites for uninterrupted operations when there are SmortCoverSystems.com SMARTCOVER~ WE'VE COT I T COVERED ™ local, regional, or massive power outages due to weather, forced blackouts or other extraordinary circumstances. 1. The orbiting satellite system shall have 66 active satellites and an additional six (6) back-up satellites in low earth, polar orbit and to assure communication redundancy. 2. No additional terrestrial communications systems shall be required to send or receive information to or from the installed RFU. 3. Satellite communication will be 'backward' compatible with the existing Iridium satellite network and 'forward' compatible with the recently launched Iridium Next satellite network for the next 20 years. 1.6 DATA ACCESS, MANAGEMENT & STORAGE A. The system shall have cloud storage, remote server, redundancy, and access to data via a standard web browser, smartphone, or smart device with 2048-bit key encryption security. 1. There shall be no software required on any local computer to access and view data other than a standard web browser. 2. There shall be access to data without restrictions or extra fees based on the number of Users. 3. The data shall be stored for an unlimited period of time. 4. There shall be no limits on the amount of data being stored . 5. There shall be no limits to the messages sent from each site to the User. B. The User shall designate the persons who have access to data: 1. The Users shall be designated as one of at least three levels of access whereby the lowest level is a view-only function and where the mid- level has access to selected controls and where the highest level has full access to all User-controls. 2. The data shall be accessible via any device with a web browser using a Username and password for login. C. The system shall have access via certified iOS and Android applications for mobile devices. D. Ability to integrate Application Programming Interface (AP!) to communicate with the client's SCADA, GIS, ESRI, and CMM programs. 1.7 SYSTEM CONTROL A. The system control box shall be stand-alone and utilize an integrated control including circuitry for: power management; digital communications and data acquisition ; on -board analysis of sensor data; storage of sensor and command data. 1. Shall be fully potted to prevent intrusion of liquids or gases and be capable of withstanding 75G of shock. 2. Capable of full submersion and be IP-68 rated. 3. Shall have connectors for the antenna, the power source and the sensor. 4. All connections to the system control box shall be water-tight to IP-68 standards. S mart CoverSystem s .c om SMARTCOVER® WE'VE COT IT COVERED'" 5. Will contain a MEMS sensor, which by virtue of the mounting of the sensing unit directly onto the manhole cover, shall detect the opening of the manhole cover immediately and send an alarm to the User of this opening. 6. Will be no larger than 4" x 3" x 2" 1.8 POWER SOURCE A. The system power source or 'power pack' shall be self-contained and have the following configurations to support off grid conditions. 1. Minimum operating life of two (2) years. 2. Utilize high power-density lithium thionyl ch loride chemistry batteries, containing no heavy metals. 3. A connector for simple and easy replacement. 4. Potted and meet IP-68 standards. 5. Contain electronics that provides isolation between cells and current limiting of the power pack to avoid: a. Shortened life because of one cell's failure; and b. High current draw from any one cell. 1.9 ANTENNA A. The traffic rated system antenna shall include two housing options: 1. A reflective, raised pavement marker; and 2. Recessed design for potential snowplow locations B. The antenna shall be mounted to the top of the manhole cover but may be mounted to other nearby structures within 15 feet. C. The mounting adhesive shall be a two-part acrylic adhesive suitable for structural bonding of metal parts. D. The antenna wire to connect to the system control box shall be fed through the manhole cover via a 3/8" drilled hole into the cover. 1.10 MOUNTING HARDWARE A. Depending on the application, the RFU with the system control box and the power source shall be housed and secured in place with one of two basic configurations: 1. Two-part bracket system able to be mounted directly onto manhole covers for ease of installation and avoidance of confined space entry; or 2. NEMA 4X enclosures containing the IP-68 system control box and power source. B. The bracket system shall be a heavy-gauge aluminum and have a hard- anodized, corrosion resistant coating to avoid corrosion in the sewer environment. 1. Mounted to the underside of a manhole cover via either a flat mounting to the underside or secured to an underside vane via an adapter. 2. Secured to the manhole cover with at least two stainless steel bolts 3. Strain relief capable of securing the sensor cable. SmartCoverSystems.com SMARTCOVER® WE'VE COT IT COVERED'" 4. Bracket constructed from at least two pieces, each able to be easily separated for parts service and replacement outside the plane of the manhole. C. The NEMA 4X enclosure shall be constructed of fiberglass, aluminum, or steel (stainless or otherwise). 1. The NEMA 4X enclosure will contain the system control box, the power source, and supporting electronics. 2. The NEMA 4X box will provide a means to connect external sensor(s) to the system control box and make measurements of the environment inside and outside of the enclosure. 3. The NEMA 4X box shall be mountable on a variety of vertical and horizontal surfaces and include a helically polarized satellite antenna positioned to maximize exposure to the sky for satellite communications. PART 2 USER DASHBOARD 2.1 DEDICATED WEBSITE A. The system shall have a dedicated, secure website, accessed and viewed upon login. A. The User interface or dashboard shall be map-oriented. B. The map page shall display all monitoring sites as indicated by symbols where specific site details and data are accessed. C. The map page shall have a dashboard feature to review the last 24-hour data on all sites. D. Access to any specific site's data is achieved by clicking the symbol on the map location page. E. When accessed, the specific site data is graphically displayed with a default time period (e.g. one week or one month) worth of level or flow data. F. The User may select any desired date range to inspect via a drop-down menu or through a date/time selection option. G. The system shall provide a specific symbol with a specific color on the dedicated User map display to graphically indicate the site or sites with an alarm, trend advisory or maintenance alert. H. The system shall provide a specific symbol with a specific color on the dedicated User map display to graphically indicate the site or sites with an alarm that has been activated because a cover or hatch has been removed or tilted. I. Users shall have the ability to download data using a .csv file format directly into an Excel spreadsheet with a single click. 2.2 ANALYTICS DASHBOARD A. The dashboard shall have data trend reports for all remote monitoring sites that are exhibiting unusual water level patterns suggestive of problems in pipes upstream and downstream and at the monitored site. 1. Trend reports will be run automatically at least daily or can be accessed real time at any time by the User. SrnartCoverSysterns.corn SMARTCOVER® WE'VE GOT IT COVERED'" B. This dashboard shall summarize the state of each site in terms of trend rise, trend fall, high-level advisory. C. The dashboard shall also characterize the flow type measured by the sensor, including the following types: diurnal flow, low amplitude flow, flat line flow and irregular flow. D. The system shall provide self-generated maintenance messages that include at least: battery voltage, sensor performance, communications status, and radio signal strength. E. The map view shall display a symbol with a specific color designating the site where a status had changed and therefore required maintenance. F. The system shall record and retain a complete history for all instances of maintenance messages, types, locations, times, and the staff members receiving these messages. G. The system shall, on the dashboard, calculate flow from water levels using Manning's equation and provide the ability on the website to adjust parameters as needed to calibrate these flow levels to local AV meters or other flow assumptions provided by the User. 1. The dashboard shall be capable of allowing Users to switch between measurement units of level or flow. 2. The dashboard shall provide four ( 4) different inputs for the flow calculation including pipe diameter, slope, Manning's co-efficient of roughness and level. 3. Level shall be the dynamic portion of the calculation and remotely acquired data shall be used to calculate flow. 4. The dashboard shall provide the capacity to change these four ( 4) input parameters of pipe diameter, slope, Mannings co-efficient of roughness, or level parameter in order to adjust for error or modeling purposes. 5. This adjustment shall provide for adding/changing the data in designated fields and through a single mouse click, update the graph where both the original and updated graph are displayed in a single view. 6. The flow may be calibrated using velocity meters or flow meters to set and fix the Manning's parameters of pipe diameter, slope, roughness coefficient and level. 7. The system shall be capable of showing two graphs simultaneously of original data and modified data. 2.3 TREND REPORTING DASHBOARD A. The trend reporting dashboard shall include a daily auto scanning function of all remote sites using algorithms to detect day-over-day changes of level or flow. 1. The changes shall be detectable in 0.1" increments. 2. The dashboard shall have the ability to configure the detectable limits of trends. 3. The User shall be able to configure each remote site setting through the dashboard for at each remote monitoring site. 4. The dashboard shall report level or flow trend changes to the User via an email notification. SmartCoverSystems.com SMARTCOVER® WE'V E C OT I T C O VERE D ™ 5. Data provided from the dashboard will not require human intervention. B. Provided that a trend change is automatically detected the dashboard shall send an email notification, including a graph of the site of interest, to all designated recipients advising of that unusual trend at the remote site. 1. The email shall provide the location, time, date and condition of the change including 'trend rise' or 'trend fall' designation. 2. The dashboard shall provide a specific symbol on the map view (page) with a specific color display to graphically indicate the site or sites with trend changes. 2.4 NOTIFICATIONS A. Alarms related to flow or level settings shall be set and adjusted through the User dashboard and shall not require any adjustment at the RFU to change alarms settings. B. Alarms from the system shall be able to be acknowledged through a handheld wireless smart device or online. The system shall provide: 1. ALARMS under conditions of high-water or low-level levels or intrusion; 2. ALERTS indicating the need for service of the remote field unit; 3. ADVISORIES for indications that the water level trends and patterns are not normal and require attention. C. Data updates from the RFU shall be no less frequent than once per hour. D. The system shall provide a real-time security 'intrusion' alarm that will transmit its signal within one minute, if the manhole cover or hatch is removed or tilted. E. The system shall record and archive a complete history for all instances of alarms, alarm types, location of the alarm, time of the alarm, the name of the person who acknowledged the alarm. 2.5 DATA FUSION A. The website shall integrate multiple real-time environmental data sets showing effects on the sewer system, including: 1. Rain and weather data from NOAA 2. Tidal data from NOAA 3. Stream and river data from USGS B. A single, integrated graphical view showing the influence of these factors on sewer level and flow with the ability to pull an l&I inflow impact reporting feature C. A multi-graph view shall be capable of displaying up to five data sets of various types on a single graph. D. Provides a I&I inflow impact reporting feature 2.6 MOBILE APPLICATION A. Mobile access to the User interface will be available with a complimentary mobile application. B. The mobile app will be available for both iOS and Android Users, certified for download from the Apple Store and Google Play. C. Updates will be automatic at no cost without requiring software upgrades. S mo r t Cover Systems . c om SMARTCOVER® WE'VE GOT IT COVERED'" D. The mobile applications shall be accessible using the same secure login as the User website with unlimited Users. SmartCoverSystems.com SMARTCOVER~ WE'VE GOT IT COVERED'" 2.7 APPLICATION PROGRAMMING INTERFACE A. Application programming Interface (AP!) will be provided for programmatic access to system data. 8. AP! will utilize a JSON Web Token (JWT) for AP! authentication and endpoints return data in JSON format. C. Access to the AP! will be provided by passing a JSON Web Token (JWT), an open, industry standard method for representing claims securely between two parties. D. Several AP! lists will be supplied, including: 1. Location List AP! will be provided for access to customer's SmartCovers. This includes the location's coordinates, description and the latest status for all data types. 2. Location Summary AP! provides a quick overview of an organization's locations. It provides a quick count of the number of locations, alarms, alerts, and advisories. 3. Historical Data AP! provides access to data readings and the associated timestamps of a customer's SmartCovers. 4. Alarm List AP! provides access to a list of a customer's locations that have active alarms. 5. Latest Data AP! provides access to the latest status of a customer's SmartCovers. This endpoint is the predecessor to the Location List APL PART 3 SAFETY 3.1 SAFETY A. Remote field units shall be licensed to mount directly onto the sewer manhole cover or vault hatch in order to minimize time and expense of confined space installation and service. 1. Installation shall not require confined space entry of any type, whereas 'entry' into a manhole is defined by OSHA 1910.146 as 'any part of an installer's body, including hands, arms, fingers, crosses the plane of the manhole opening.' 2. For installation or maintenance, no physical penetrations of any kind by any part of an installer's body shall be made to the manhole structure. 3. The system shall not require any cutting or drilling into the street in order to mount the antenna. 4. The system shall not require any drilling or cutting into the manhole or vault structure for mounting the bracket. 5. RFU shall be capable of replacement in under 15 minutes of on-site labor and without any confined space entry as per OHSA 1910.146. PART4ACCOUNTSUPPORT 4.1 INSTALLATION, TRAINING AND CUSTOMER SERVICE A. Manufacturer's representative will include a half-day of start-up service by a factory-trained technician, if requested. 8. Internal crew resources or a certified contractor will install in strict accordance with the manufacturer's instructions and recommendations. SmartCoverSystems.com SMARTCOVER® WE'VE COT IT COVERED'" C. Contractor will include the manufacturer's services to perform start-up on instrument to include basic operational training and certification of performance of the instrument. D. Contractor will include a manufacturer's Service Agreement that covers all the manufacturer's recommended preventative maintenance, regularly scheduled calibration and any necessary repairs beginning from the time of equipment startup through to end User acceptance/ plant turnover and the first 12 months of end-User operation post turnover. E. Items A and B are to be performed by manufacturer's factory-trained service personnel. Field service and factory repair by personnel not trained and certified by the manufacturer is not allowed. F. Use of manufacturer's service parts and agents is required. Third-party parts and agents are not approved for use. G. Agents will be assigned to the User for live customer support for the term of the service. H. Ongoing training will be supported during the term of the service. SmartCoverSystems.com www.FloridaDEP.gov FLORIDA DEPARTMENT OF Environmental Protection Southwest District Office 13051 North Telecom Parkway #101 Temple Terrace, Florida 33637-0926 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Shawn Hamilton Interim Secretary August 2, 2021 Mr. Richard Gardner, Public Utilities Director City of Clearwater 1650 N. Arcturas Ave., Building C Clearwater, FL 33765 Richard.Gardner@MyClearwater.com Re: Approval of In-Kind Project Executed Consent Order OGC File No 21-0522 Facility ID No. FL0021857, FL0128937, FL0021865 and FL0186261 Pinellas County Dear Mr. Gardner: Thank you for your letter dated July 29, 2021, requesting approval for an in-kind project to install ten manhole Smart Covers in the City’s collection system. Your request is approved. The proposed project provides a benefit to the environment and qualifies as an in-kind project in lieu of making a cash payment of penalties. The Department appreciates your efforts to identify and participate in an environmental enhancement project. If you have any questions, please contact Margaret Dorge at (813) 470-5703 or via e-mail at Margaret.Dorge@floridadep.gov. Sincerely, For Kelley M. Boatwright Southwest District Director Florida Department of Environmental Protection Enclosure: In-Kind Project Proposal OGC File No. 21-0522 cc: Laurie Roughton, FDEP, Laurie.Roughton@FloridaDEP.gov Adrienne Pennington, FDEP, Adrienne.Pennington@Floridadep.gov Pamala Vazquez, FDEP-SWD, Pamala.Vazquez@dep.state.fl.us Erica Peck, FDEP-SWD, Erica.Peck@floridadep.gov Margaret Dorge, FDEP-SWD, Margaret.Dorge@floridadep.gov Lance Kautz, FDEP-SWD, Lance.Kautz@FloridaDEP.gov Jason Jennings, City of Clearwater, Jason.jennings@myclearwater.com Michael Flanigan, City of Clearwater, michael.flanigan@myclearwater.com Kervin St. Aimie, City of Clearwater, kervin.staimie@myclearwater.com Ryan Alexander, City of Clearwater, Ryan.Alexander@myclearwater.com Jeremy Brown, City of Clearwater, jeremy.brown@MyClearwater.com City of Clearwater In-Kind Proposal Approval Page 2 of 2 www.FloridaDEP.gov Charmaine Parchment, City of Clearwater, Charmaine.Parchment@MyClearwater.com From:Flanigan, Michael To:Boatwright, Kelley M. Cc:Peck, Erica; Dorge, Margaret; Kautz, Lance; Maxwell, Micah; Ravins, Jay; Kohler, Owen; Vogel, Lori; Parchment, Charmaine; Jennings, Jason; Daniel, Glenn Subject:In-Kind Project Proposal for LFCO No. 21-0522 Date:Thursday, July 29, 2021 9:14:38 AM Attachments:In-Kind Project Proposal OGC File No. 21-0522.pdfProposal Certification Form - 7-28-2021.pdf Good Morning, Attached is the City of Clearwater’s In-Kind Project Proposal and the Proposal Certification Form. Please share any questions or concerns. Warm Regards, Michael Flanigan Public Utilities Assistant Manager Public Utilities Department City of Clearwater 1605 Harbor Drive. Clearwater, Fl 33755 Office: 727-562-4994 X3904 Mobile: 727-224-7690 Email: michael.flanigan@myclearwater.com B I PUBLIC UTILITIES -ADMIN L 1650 N ARCTURAS AVE L BLDG C T CLEARWATER, FL 33765 0 Phone: 727-562-4960 V TENCARVA MACHINERY CO LLC E HUDSON PUMP AND EQUIPMENT N 1115 PLEASANT RIDGE RD D GREENSBORO, NC 27409 0 Email: CJACKSON TENCARVA.COM R >FOB DESTINATION unless otherwise indicated >DISCOUNT (if shown) reflects payment terms 1 SC-Q-SB-15 SUBSONIC SYSTEM COMPONENTS * E-BOX SYSTEM CONTROL * POWERPACK * E-SQUARE ANTENNA * MOUNITNG BRACKET KIT EW-SC1 ONE (1) YEAR, PARTS-ONLY WARRANTY (INCLUDED) PW-5C1 TWO (2) YEAR, POWERPACK WARRANTY (INCLUDED) 2 ASM-SC1 ACTIVE SITE MANAGEMENT (ASM),1, SMARTLEVEL, ONE YEAR COMPREHESIVE SUPPORT ;::,ERVICES 3 IST-1 DEDICATED CUSTOMER WEBSITE: INITIAL SET-UP & TRAINING (1ST) 4 ASM-RD-1Y SMARTRAIN, ONE-YEAR, PER SITE 5 INSTALLATION & CERTIFICATION 6 FREIGHT -FOB DESTINATION PER PROPOSAL DATED 1/12/21 FOR DELIVERIES AT: 1650 N. ARCTURAS AVE, BLDG G, DELIVERIES ARE ACCEPTED BETWEEN THE HOURS OF Purchase Order Page 1 of 1 THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND SHIPPING PAPERS. Purchase Order# 21000473 s Purchase Order is subject to standard Terms and Conditions posted at www.m clearwater.com/ urchaseorder-TandC HI PUBLIC UTILITIES -WAREHOUSE p 1650 N ARCTURAS AVE BLOGG T CLEARWATER, FL 33765 0 Delivery Contact Department/Location PUB UTIL UOM Unit Price Extended Price 17.0 EA $3,713.1 $63,123.89 17.0 EA $365.0 $6,205.00 1.0 EA $900.0 $900.00 4.0 EA $98.0 $392.00 6.0 EA $1,500.0 $9,000.00 768.1 EA $768.07 7:30AM TO 3:00PM. IF YOU HAVE ANY QUESTIONS PLEASE CALL (727) 562-4960 X 7234 PLEASE COORDIATE INSTALLATIONS WITH ALPHONSO GYWN ~27)224-7062 OR ALPHO SO MYCLEARWATER.COM By: la_j lJJ&, ePP6 Total Ext. Price $80,388.96 Procurement Manager POTOTALJ 80 388.96 K~ 11 7 2100 '79 8 PUBLIC UTILITIES REQUISITION REQUEST FORM Select Type X Sole Source (Vendor Sole Source Letter addressed to City & complete Sole Source section below) $1,000 -$2,499.99 Purchasing a Fixed Asset (Quote for equipment) $2,500 -$50,000 (3 Quotes) $50,000 -$99,999 (Formal Bid) $100,000 (Agenda City Council Approval) Note: Certificate of Insurance is required for vendor on City property or working on City asset DATE 1/11/21 VENDOR Tencarva Machinery Co OBA Hudson Pump & Equipment AMOUNT $ 80,388.96 Freight included (FOB Destination) SHIP TO Warehouse VENDOR EMAIL Jim Murphy jmuq1h~@tencarva.com EMPLOYEE David Porter/ Glenn Daniel ACCT CODE 3217321-546900-96665 SOLE SOURCE SECTION What are we buying? Wastewater system manhole sewage level monitoring equipment, data collection equipment, satellite radio data transmission equipment, instillation of equipment, certain spare parts, data hosting and analysis services and training in the installation and maintenance of equipment and data services use. How do you intend to use the product/service? We will utilize the equipment and services to monitor wastewater collection system manhole sewage level heights to alert us that sanitary sewer overflow {550) issues may be developing prior to their actual occurrence. This project is being undertaken as part of Settlement Agreement with the Florida Department of Environmental Protection. Estimated cost/timeframe? $ 80,388.96/one year What is the benefit for the agency/city/public? This project will assist us in being able to prevent SSOs (proactive) rather than only clean-up 5S0s after the fact (reactive). This will protect public health and reduce the potential for regulatory violations and fines. What about this vendor makes them a single source? They are the only manufacturer that provides equipment and services of this kind specifically targeted to and designed for the wastewater utility industry that utilized satellite radio data transmission systems (which are reliable during major storms when the service is needed most) and have equipment that is designed to be installed and maintained above ground so no Confined Space Entry is required (a major safety concern). What is unique about the product? Same as above. Is there an alternative available? Revised : 5/11/18 PUBLIC UTILITIES REQUISITION REQUEST FORM No, not one that provides the same features, reliability and safety. If so, why is not acceptable: N/A Revised: 5/11/18 Sole Source Letter -Exclusive Distributor City of Clearwater Mr. David Porter Public Utilities Department Date January 12, 2021 This letter is to provide notification that Hadronex, Inc. (doing business as SmartCover® Systems™) herein known as "Company" with corporate offices located at 2110 Enterprise Street, Escondido, CA 92029, is the sole creator, manufacturer and marketer of a group of systems and products, Including: the award winning SmartCover®; SmartFLOE™; SmartVault; SmartWeir'"'; SmartC/ean™; SmartTank™; SmartTrend®; SmartRain'"; SmartTide™; UnderCover®; Subsonic™; H2Scents™ and Stream Watch™. The SmartCover® family of products are both patented and proprietary, designed and manufactured by the Company to provide users with unique qualities and functions based on acquiring water level and/or flow data as well as other data in the sewer collection system or other structures with open channel flows, using ultrasonic, pressure or combined technology combined with embedded analytics and data fusion. The Smarteover® system, which acquires and transmits data through the Iridium® military grade satellite network, Is Immune to terrestrial communications Interruptions caused by storms or hurricanes and provides 24/7 user access via a secure web browser and through a dedicated, seaJre user website. SmartCover® uniquely provides real-time, continuous monitoring capability powered by an engineered and proprietary long-life lithium thionyl chloride battery pack. It uniquely communicates with an embedded digital radio through the Iridium® satellite system assuring global, redundant and continuous coverage. Mounted directly on the manhole cover, the patented SmartCover® configuration is designed to be installed with no confined space entry per OSHA CFR 1910.146(b). The manhole cover mounting also provides a real-time Intrusion alarm when the manhole cover is opened, providing a unique capability to detect intrusions or entries Into the manhole or hatch. Hudson Pump & Equipment a Tencarva Company is the exclusive Municipal Distributor for SmartCover® Systems'" for the State of Florida for the purchase of new products. No other representative can sell products for SmartCover4 Systems™. Your contact Is Jim Murphy, and his Information is: Jim Murphy 863-581-4004 jmurphy@tencarva.com Hudson Pump & Equipment/ Tencarva Inc. Lakeland, FL 33813 Company is protected by the following US Patents: 7,292,143; 7,589,630; 7,598,858; 7,944,352; 7,948,215; 8,607,654; 9,297,684; and 9,482,568. The systems are also protected by registered trademarks and international patents. Company also has a Madrid Treaty filing for its main trademark. We hope this information will satisfy your requirements and that it clearly demonstrates the special, patented, unique and proprietary features of our systems. Sincerely, Greg Quist, Ph.D. President/CEO gquist@smartcoversystems.com 211 O Ent,:, 'Pf ;,o StrE Ft Escord1d::i. -::,;. 92029 P: 76C-2° 1-l 9EO w· srnartcoversysterr:s C'.:Jrn E sal?s-' smc:rtcoversyste'l1S cor1 :;_5:; IC,.::• f.:t: I A Pag-= 1 of l Ut/1.019 Hudson Pump & Equipment A Division of Tencarva Machinery Company 3524 Craftsman Boulevard, Lakeland, FL 33803 Phone (863) 665-7867 Fax (863) 667-2951 PROPOSAUCONTRACT TO: City of Clearwater Mr. David Porter-Dir. Of Utilities David.Porter@myclearwater.com DATE: January, 12th, 2021 PROJECT: Smart Cover Systems Hudson Pump & Equipment agrees to sell to City of Clearwater and they agree to purchase from Hudson Pump & Equipment the products as described below: I. EQUIPMENT DESCRIPTION: Part Number Description Unit Quantity Total Price SubSonfc:"' System Components . Dual Sensor -Ultra-Sonic: Standard (O" to 79" range, 1 tenth resolution) & Pressure (Transducer, max 34.5' depth with ½" resolution) (Each) (Each) (Each) with 15' cable. . E-Box System Control v,;111 onboard computer, modem, digital radio; fully potted and IP-68 rated. SC-Q-SB-15 . PowerPac~-lithium thionyt chloride battery with high power density. . E-Square,,. antenna. including antenna and instagation kit. . Mounting bracket kit-three-part mounting bracket set made of heavy gauge, hard-anodized aluminum; includes all mounting hardware. $3,713.17 17 $63,123.89 ONE!. (1) Year, Parts-Only Warranty EW-SC1 Included Included Included . Limited Parts-Only Warranty on all system Smartlevel™ hardware.(See Warranty Statement for complete details) TWO (2) Year, PowerPacJc™ WatTanty PW-5C1 Included Included Included . Limited Parts-Only Warranty on the Powerf'ack ™ PAGE 1 OF4 Active Site Management (ASM), Smartlevel"', ONE Year. Comprehensive support services including: . Software subscription with unlimited number of users accessed with secure user name and password . Complete maintenance of aa cloud-based software . Regular feature updates and upgrades Including the ASM-SC1 Smart Trend~. . Hosting of data storage -unlimited data storage . Iridium Satenite connectivity service with bi-directional communication. . Advisories, Maintenance Alerts and Alarms via email and/or text message . Ongoing technical support via phone or online . $365 17 $6,205 Dedicated Customer Website: Initial Set-up & Training (1ST) . Dedicated Customer Website set-{Jp and training . Browser-based, secure user access, logins . Includes map view, site-specific data and Information IST-1 Alanrns and Advisories set-up $900 1 $900 . . Includes virtual training for Client staff on access to www.mysmartcover.com with complete training on an features. • Comprehensive training for website features & functions Note: this Is a one-time charge for new customers and does not apply to foRow,ng orders. ASM-RD-1Y SmartRaln"', One-Year, p@r site $98 4 $392 . Radar rain data, 1 knr area Installation and certification by technician trained by SmartCov.,e .>ys1ems averages c.•J unns perui,y. mwvvvS netu 1ra1n1ng ,or Installation & hardware Installation via local channel partner and support from $1 ,500 6 $9,000 Certification factory. Tax Local tax for the customer Is XX% -TBD Freight UPS Gromd shipment for systems $768.07 TOTAL All Items above $80,388.96 II. APPLICABLE SPECIFICATIONS: The specifications listed above are the only specifications that shall apply to this proposal either directly or by reference. Any specification that is not specifically included as part of this proposal is excluded from this offering. Ill. COMMENTS AND CLARIFICATIONS: This is a proposal subject for estimating -if necessary the City may change quantities of items listed IV. BID VALIDITY: This bid is valid for 30 days unless withdrawn by seller in writing and is based upon equipment release for manufacture within 90 days and shipment upon completion or within 10 days oftest curve submittal. V. ESCALATION: Material surcharges and escalation will apply to all orders not released for manufacturing and shipment within 90 days of the quote date. PAGE20F4 VI. TERMS OF PAYMENT: 100% net cash 30 days with credit approval. A 2¾ processing fee shall be added to all credit card payments. A late charge of 1.5% per month shall be added to all unpaid balances. The Purchaser shall pay all attorneys fees anq collection charges for any late payments. If shipment is delayed by the purchaser, the date of readiness for shipment shall be deemed the date of shipment for payment purposes. Payments shall be prorated as shipments go forward. Full payment is required before equipment start-up. Payment is not contingent upon Purchaser's receipt of payment from others. VIl. TAXES: No taxes are included. VIll. TITLE AND FREIGHT: F.O.B. Delivered. IX. PAINT: The equipment will come field ready coated as required for the application service . X. SERVICE: As listed above start-up and training on are included as stated For additional service, add $1 ,500 per day plus expenses. XI. EXCLUDED ITEMS: The following items are not included: soleplates, templates, anchor bolts, standard tools, lubricants, gauges and any other items not specifically listed in this proposal. XII. TERMS AND CONDITIONS: This proposal is quoted on the standard terms, conditions, and warranty of the manufacturers and per the attached. Hudson Pump & Equipment assumes no liability for liquidated damages, consequential damages and/or removal and reinstallation charges. Xill. SHIPPING DATE: 1-2 weeks ARO. Products are in stock and will be shipped as requested XIV.TOTAL PRICE, FREIGHT INCLUDED ............................. $80,388.96 XV. SIGNATURES By (Signature) Jim Murphy (Name) Account Manager (Title) Hudson Pump & Equipment (Company July 16. 2020 (Date) Accepted By (Signature) (Name) (Tnle) (Company) (Date) PAGE30F4 HUDSON PUMP & EQUIPMENT TERMS AND CONDITIONS WARRANTY -Company warrants title to the product(s) and, except as noted with respect to items not of Company's manufacturer, also warrants the product(s) on date of shipment to Purchaser, to be of the kind and quality described herein, and free of defects in wori<manship and material. THIS WARRANTY IS EXPRESSLY IN LIEU OF All OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, AND CONSTITUTES THE ONLY WARRANTY OF COMPANY WITH RESPECT TO THE PRODUCT(S). If within one year from date of initial operation, but not more than eighteen months from date of shipment by Company of any item of product(s), Purchaser discovers that such item was not as warranted above and promptly notifies Company in writing thereof, Company shall remedy such nonconformance by, at Company's option, adjustment or repair or replacement of the item and any affected part of the product(s). Purchaser shall assume all responsibility and expense for removal, reinstallation, and freight in connection with the foregoing remedies. 1ne same obligations and conditions shall extend to replacement parts furnished by Company hereunder. Company shall have the right of disposal of parts replaced by it. Purchaser agrees to notify Company, in writing, of any apparent defects in design, material or workmanship, prior to performing any corrective action back chargeable to the Company. Purchaser shall provide a detailed estimate of the material, labor costs associated with proposed remedy for expeditious review and approval by the Company. ANY SEPARATELY LISTED ITEM OF THE PRODUCT(S) WHICH IS NOT MANUFACTURED BY THE COMPANY IS NOT WARRANTED BY COMPANY and shall be covered only by the express warranty, if any, of the manufacturer thereof. THIS STATES PURCHASER'S EXCLUSIVE REMEDY AGAINST COMPANY AND ITS SUPPLIERS RELATING TO THE PRODUCT(S) 1/1/HETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER ARISING OUT OF WARRANTIES, REPRESENTATIONS, INSTRUCTIONS, INSTALLATIONS OR DEFECTS FROM ANY CAUSE. Company and its suppliers shall have no obligation as to any product which has been improperly stored or handled, or which has not been operated or maintained according to instructions in Company or supplier furnished manuals. NUCLEAR -Purchaser represents and warrants that the product(s) covered by this contract shall not be used in or in connection with a nuclear facility or application. NONCANCELLA TION -Purchaser may not cancel or terminate for convenience, or direct suspension of manufacture, except on mutuaUy acceptable terms. DELAYS -If Company suffers delay in performance due to any cause beyond its control, including but not limited to act of God, war, act or failure to act of government. ad or omission of Purchaser, fire flood, strike or labor troubles, sabotage, or delay in obtaining from others suitable services, materials, components, equipment or transportation, the time of performance shall be extended a period of time equal to the period of the delay and its consequences. Company will give to Purchaser notice in writing within a reasonable time after Company becomes aware of any such delay. STORAGE -Any item of the product(s) on which manufacture or shipment is delayed by causes within Purchaser's control, or by causes which affect Purchaser's ability to receive the product(s), may be placed in storage by Company for Purchaser's account and risk. TITLE AND INSURANCE -Title to the product(s) and risk of loss or damage shal pass to Purchaser at the f.o.b. point, except that a security interest in the product(s) and proceeds and any replacement shall remain in Company, regardless of mode of attachment to realty or other property, until the full price has been paid in cash. Purchaser agrees to do all acts necessary to perfect and maintain said security interes~ and to protect Company's interest by adequately insuring the product(s) against loss or damage from any external cause with Company named as insured or co-insured. LIMITATION OF LIABILITY -Neither Company nor its suppliers shall be liable, whether in contract or in tort or under any other legal theory, for loss of use, revenue or profit. or for cost of capital or of substitute use or performance, or for incidental, indirect. or special or consequential damages, or for any other loss or cost of similar type, or for claims by Purchaser for damages of Purchaser's customers. likewise, Company shall not, under any circumstances, be liable for the fault. negligence, or wrongful acts of Purchaser or Purchaser's employees, or Purchaser's other contractors or suppliers. IN NO EVENT SHALL COMPANY BE LIABLE IN EXCESS OF THE SALES PRICE OF THE PART(S) OR PRODUCT FOUND DEFECTIVE. GENERAL -(a) Company will comply with al laws applicable to Company. Compliance with OSHA or similar federal, state or local laws during any operation or use of the product(s) is the sole responsibility of Purchaser. (b) The laws of the State of Florida shall govern the validity, interpretation and enforcement of any contract of which these provisions are a part, without giving effect to any rules governing the conflict of laws. (c) This document and any other documents specifically referred to as being a part hereof, constitute the entire contract on the subject matter, and it shall not be modified except in writing signed by both parties. Unless otherwise specified, any reference to Purchaser's order is for identification only. Assignment may be made only with written consent of both parties. ACCEPTANCE -The determination of compliance with performance guarantees will be based on results of factory tests under controlled conditions with calibrated instruments and tested per standards of the Hydraulic Institute. CONTROLLING PROVISIONS -These terms and conditions shall control with respect to any purchase order or sale of the Company's products. No waiver, atteration or modification of these terms and conditions whether on Purchaser's purchase order or otherwise shall be valid unless the waiver, alteration or modification is specifically accepted in writing and signed by an authorized representative of the Company. PAGE40F4 SMARTCOVER. WE'VE COT IT COVERED~ PART 1 SPECIFICATIONS 1.1 SYSTEM REQUIREMENTS A. A real-time level and flow monitoring system that operates in and around the sewer collection system shall be provided that is comprised of the following requirements. 1.2 SYSTEM SPECIFICATIONS A. The monitoring system type shall have active installations at more than 400 other public collection systems in the United States. B. The monitoring system type shall cumulatively have in excess of 150,000,000 operating hours of remote field unit operational experience. C. Multiple sensors shall be supported by the system. D. The system Remote Field Unit (RFU) shall monitor water levels at a rate of at least 12 times per hour with six (6) recorded measurements per hour, unless there is an alarm, and have the ability to remotely and wirelessly change this rate. 1. Alarms shall be reported, when User-defined sensing thresholds are exceeded, in nominal conditions, within 20 seconds of detection. 2. Thresholds may be set and changed remotely by system Users. E. The data shall be acquired from remote monitoring sites, via a low earth orbit satellite communication system, and delivered to redundant, secure servers with 2048-bit key encryption. 1. Data from remote sites are accessed via the cloud on any web-enabled, desktop, smartphone, and smart device. F. The RFU shall meet IP-68 standards and capable of surviving immersion in sewage water at depth of six (6) feet for at least 24 hours. G. The RFU shall be designed to be easily mounted to manhole covers and may be installed completely outside the manhole to avoid confined space entry as defined by OHSA 1910.146. H. Remote field units shall provide periodic health messages a minimum of two (2) times per day indicating the proper operating parameters of the instrumentation including the health of the ultrasonic sensor, power pack, and satellite signal quality. I. RFU shall contain a micro-electromechanical system (MEMS) device capable of detecting acceleration and tilt and detect and immediately alarming for the opening or closing of the hatch or manhole cover. J. Remote data shall be accessible via a mobile app supported by Android and iOS. K. System will provide an application programming interface (API) for integration with customer data utilizing a JSON Web Token (JWT) for authentications and endpoints return data in JSON format. 1.3 REMOTE FIELD UNIT COMPONENTS A. The system shall be modular to provide application flexibility and have a remote field unit (RFU) containing the following components: 1. Sensor or set of sensors Srnort::CoverSyst::erns.corn SMARTCOVERe WE'VE GOT IT COVERED'" 2. Two-way wireless, satellite communications 3. Data access, management and storage 4. System control box 5. Self-contained power source 6. Antenna 7. Mounting hardware 1.4 SENSOR SPECIFICATIONS A. The system remote field units (RFU) shall be capable of using one or more of the following sensors without any physical change in configuration of the system control box: 1. Ultrasonic sensor; 2. Dual pressure-level sensor that provides a means to measure water levels ABOVE the ultrasonic sensor with the following performance specifications: a. Ultrasonic resolution shall be no more than 0.1" b. Pressure resolution shall be no more than 0.5" c. Built-in algorithm to minimize false distance readings d. Total dynamic range of O inches to 30 feet e. Fully potted and capable of withstanding lOG of force, and have an IP-68 rating f. Does not require field calibration g. Is temperature compensated h. Small enough (less than 4" x 4" x 6") and independent physically of the system control box i. Positioned easily anywhere in a manhole, CSO structure or similar structure with a connecting cable to the system control box up to 300 feet from the system control box 3. Hydrogen sulfide (H2S) sensor with the following performance: a. Sensing ranges of O -1000 ppm b. Minimum calibration interval: 90 days c. Constructed and operates to IP-68 standards 1.5 COMMUNICATION A. The system shall provide full two-way, satellite communication between the User and the RFU location. 1. Monitoring data transmits from the RFU to the User dashboard. 2. Commands can be sent from the User to the remote site to request data or change operational set points. 3. The commands will be received by the RFU and executed within one (1) hour or less. 4. Communications will remain in operations during short-or long-term electrical grid power loss, loss of local cellular networks, loss of local power. 5. Communications to/from remotely monitored sites shall be enabled through a smartphone or smart device application. B. The system shall communicate using two-way, digital-radio signals directly to orbiting satellites for uninterrupted operations when there are Srnort:CoverSyst:erns.corn SMARTCOVER. WE'VE GOT IT COVERED~ local, regional, or massive power outages due to weather, forced blackouts or other extraordinary circumstances. l. The orbiting satellite system shall have 66 active satellites and an additional six (6) back-up satellites in low earth, polar orbit and to assure communication redundancy. 2. No additional terrestrial communications systems shall be required to send or receive information to or from the installed RFU. 3. Satellite communication will be 'backward' compatible with the existing Iridium satellite network and 'forward' compatible with the recently launched Iridium Next satellite network for the next 20 years. 1.6 DATA ACCESS, MANAGEMENT & STORAGE A. The system shall have cloud storage, remote server, redundancy, and access to data via a standard web browser, smartphone, or smart device with 2048-bit key encryption security. 1. There shall be no software required on any local computer to access and view data other than a standard web browser. 2. There shall be access to data without restrictions or extra fees based on the number of Users. 3. The data shall be stored for an unlimited period of time. 4. There shall be no limits on the amount of data being stored. 5. There shall be no limits to the messages sent from each site to the User. B. The User shall designate the persons who have access to data: 1. The Users shall be designated as one of at least three levels of access whereby the lowest level is a view-only function and where the mid- level has access to selected controls and where the highest level has full access to all User-controls. 2. The data shall be accessible via any device with a web browser using a Username and password for login. C. The system shall have access via certified iOS and Android applications for mobile devices. D. Ability to integrate Application Programming Interface (API) to communicate with the client's SCADA, GIS, ESRI, and CMM programs. 1.7 SYSTEM CONTROL A. The system control box shall be stand-alone and utilize an integrated control including circuitry for: power management; digital communications and data acquisition; on-board analysis of sensor data; storage of sensor and command data. 1. Shall be fully potted to prevent intrusion of liquids or gases and be capable of withstanding 75G of shock. 2. Capable of full submersion and be IP-68 rated. 3. Shall have connectors for the antenna, the power source and the sensor. 4. All connections to the system control box shall be water-tight to IP-68 standards. Smart::CoverSyst::ems. com SMARTCOVER~ WE'VE COT I T CO V ER E D ~ 5. Will contain a MEMS sensor, which by virtue of the mounting of the sensing unit directly onto the manhole cover, shall detect the opening of the manhole cover immediately and send an alarm t o the User of this opening. 6. Will be no larger than 4 " x 3" x 2" 1.8 POWER SOURCE A. The system power source or 'power pack' shall be self-contained and have the following configurations to support off grid conditions. 1. Minimum operating life of two (2) years. 2. Utilize high power-density lithium thionyl chloride chemistry batteries, containing no heavy metals. 3. A connector for simple and easy replacement. 4 . Potted and meet IP-68 standards. 5. Contain electronics that provides isolation between cells and current limiting of the power pack to avoid: a. Shortened life because of one cell's failure; and b. High current draw from any one cell. 1.9 ANTENNA A. The traffic rated system antenna shall include two housing options: 1. A reflective, raised pavement marker; and 2. Recessed design for potential snowplow locations B. The antenna shall be mounted to the top of the manhole cover but may be mounted to other nearby structures within 15 feet. C. The mounting adhesive shall be a two-part acrylic adhesive suitable for structural bonding of metal parts. D. The antenna wire to connect to the system control box shall be fed through the manhole cover via a 3/8" drilled hole into the cover. 1.10 MOUNTING HARDWARE A. Depending on the application, the RFU with the system control box and the power source shall be housed and secured in place with one of two basic configurations: 1. Two-part bracket system able to be mounted directly onto manhole covers for ease of installation and avoidance of confined space entry; or 2. NEMA 4X enclosures containing the IP-68 system control box and power source. B. The bracket system shall be a heavy-gauge aluminum and have a hard- anodized, corrosion resistant coating to avoid corrosion in the sewer environment. 1. Mounted to the underside of a manhole cover via either a flat mounting to the underside or secured to an underside vane via an adapter. 2. Secured to the manhole cover with at least two stainless steel bolts 3. Strain relief capable of securing the sensor cable. SmartCoverSystems.com SMARTCOVER. WE'VE COT IT COVERED~ 4. Bracket constructed from at least two pieces, each able to be easily separated for parts service and replacement outside the plane of the manhole. C. The NEMA 4X enclosure shall be constructed of fiberglass, aluminum, or steel (stainless or otherwise). 1. The NEMA 4X enclosure will contain the system control box, the power source, and supporting electronics. 2. The NEMA 4X box will provide a means to connect external sensor(s) to the system control box and make measurements of the environment inside and outside of the enclosure. 3. The NEMA 4X box shall be mountable on a variety of vertical and horizontal surfaces and include a helically polarized satellite antenna positioned to maximize exposure to the sky for satellite communications. PART 2 USER DASHBOARD 2.1 DEDICATED WEBSITE A. The system shall have a dedicated, secure website, accessed and viewed upon login. A. The User interface or dashboard shall be map-oriented. B. The map page shall display all monitoring sites as indicated by symbols where specific site details and data are accessed. C. The map page shall have a dashboard feature to review the last 24-hour data on all sites. D. Access to any specific site's data is achieved by clicking the symbol on the map location page. E. When accessed, the specific site data is graphically displayed with a default time period (e.g. one week or one month) worth of level or flow data. F. The User may select any desired date range to inspect via a drop-down menu or through a date/time selection option. G. The system shall provide a specific symbol with a specific color on the dedicated User map display to graphically indicate the site or sites with an alarm, trend advisory or maintenance alert. H. The system shall provide a specific symbol with a specific color on the dedicated User map display to graphically indicate the site or sites with an alarm that has been activated because a cover or hatch has been removed or tilted. I. Users shall have the ability to download data using a .csv file format directly into an Excel spreadsheet with a single click. 2.2 ANALYTICS DASHBOARD A. The dashboard shall have data trend reports for all remote monitoring sites that are exhibiting unusual water level patterns suggestive of problems in pipes upstream and downstream and at the monitored site. 1. Trend reports will be run automatically at least daily or can be accessed real time at any time by the User. Smart:CoverSyst:ems.com SMARTCOVER. WE'VE COT IT COVERED~ B. This dashboard shall summarize the state of each site in terms of trend rise, trend fall, high-level advisory. C. The dashboard shall also characterize the flow type measured by the sensor, including the following types: diurnal flow, low amplitude flow, flat line flow and irregular flow. D. The system shall provide self-generated maintenance messages that include at least: battery voltage, sensor performance, communications status, and radio signal strength. E. The map view shall display a symbol with a specific color designating the site where a status had changed and therefore required maintenance. F. The system shall record and retain a complete history for all instances of maintenance messages, types, locations, times, and the staff members receiving these messages. G. The system shall, on the dashboard, calculate flow from water levels using Manning's equation and provide the ability on the website to adjust parameters as needed to calibrate these flow levels to local AV meters or other flow assumptions provided by the User. 1. The dashboard shall be capable of allowing Users to switch between measurement units of level or flow. 2. The dashboard shall provide four ( 4) different inputs for the flow calculation including pipe diameter, slope, Manning's co-efficient of roughness and level. 3. Level shall be the dynamic portion of the calculation and remotely acquired data shall be used to calculate flow. 4. The dashboard shall provide the capacity to change these four (4) input parameters of pipe diameter, slope, Mannings co-efficient of roughness, or level parameter in order to adjust for error or modeling purposes. 5. This adjustment shall provide for adding/changing the data in designated fields and through a single mouse click, update the graph where both the original and updated graph are displayed in a single view. 6. The flow may be calibrated using velocity meters or flow meters to set and fix the Manning's parameters of pipe diameter, slope, roughness coefficient and level. 7. The system shall be capable of showing two graphs simultaneously of original data and modified data. 2.3 TREND REPORTING DASHBOARD A. The trend reporting dashboard shall include a daily auto scanning function of all remote sites using algorithms to detect day-over-day changes of level or flow. 1. The changes shall be detectable in 0.1" increments. 2. The dashboard shall have the ability to configure the detectable limits of trends. 3. The User shall be able to configure each remote site setting through the dashboard for at each remote monitoring site. 4. The dashboard shall report level or flow trend changes to the User via an email notification. SmortCoverSysterns.corn SMARTCOVER. WE'VE GOT IT COVERED'" 5. Data provided from the dashboard will not require human intervention. B. Provided that a trend change is automatically detected the dashboard shall send an email notification, including a graph of the site of interest, to all designated recipients advising of that unusual trend at the remote site. 1. The email shall provide the location, time, date and condition of the change including 'trend rise' or 'trend fall' designation. 2. The dashboard shall provide a specific symbol on the map view (page) with a specific color display to graphically indicate the site or sites with trend changes. 2.4 NOTIFICATIONS A. Alarms related to flow or level settings shall be set and adjusted through the User dashboard and shall not require any adjustment at the RFU to change alarms settings. B. Alarms from the system shall be able to be acknowledged through a handheld wireless smart device or online. The system shall provide: 1. ALARMS under conditions of high-water or low-level levels or intrusion; 2. ALERTS indicating the need for service of the remote field unit; 3. ADVISORIES for indications that the water level trends and patterns are not normal and require attention. C. Data updates from the RFU shall be no less frequent than once per hour. D. The system shall provide a real-time security 'intrusion' alarm that will transmit its signal within one minute, if the manhole cover or hatch is removed or tilted. E. The system shall record and archive a complete history for all instances of alarms, alarm types, location of the alarm, time of the alarm, the name of the person who acknowledged the alarm. 2.5 DATA FUSION A. The website shall integrate multiple real-time environmental data sets showing effects on the sewer system, including: 1. Rain and weather data from NOAA 2. Tidal data from NOAA 3. Stream and river data from USGS B. A single, integrated graphical view showing the influence of these factors on sewer level and flow with the ability to pull an I&I inflow impact reporting feature C. A multi-graph view shall be capable of displaying up to five data sets of various types on a single graph. D. Provides a I&I inflow impact reporting feature 2.6 MOBILE APPLICATION A. Mobile access to the User interface will be available with a complimentary mobile application. B. The mobile app will be available for both iOS and Android Users, certified for download from the Apple Store and Google Play. C. Updates will be automatic at no cost without requiring software upgrades. Srnart:CoverSyst:erns.corn SMART'COVER. WE'VE GOT IT COVEREON D. The mobile applications shall be accessible using the same secure login as the User website with unlimited Users. SrnartCoverSysterns.corn SMARTCOVER. WE'VE COT IT COVERE•- 2.7 APPLICATION PROGRAMMING INTERFACE A. Application programming Interface (API) will be provided for programmatic access to system data. B. API will utilize a JSON Web Token (JWT) for API authentication and endpoints return data in JSON format. C. Access to the API will be provided by passing a JSON Web Token (JWT), an open, industry standard method for representing claims securely between two parties. D. Several API lists will be supplied, including: 1. Location List API will be provided for access to customer's SmartCovers. This includes the location's coordinates, description and the latest status for all data types. 2. Location Summary API provides a quick overview of an organization's locations. It provides a quick count of the number of locations, alarms, alerts, and advisories. 3. Historical Data API provides access to data readings and the associated timestamps of a customer's SmartCovers. 4. Alarm List API provides access to a list of a customer's locations that have active alarms. 5. Latest Data API provides access to the latest status of a customer's SmartCovers. This endpoint is the predecessor to the Location List API. PART 3 SAFETY 3.1 SAFETY A. Remote field units shall e licensed to mount directly onto the sewer manhole cover or vault hatch in order to minimize time and expense of confined space installation and service. 1. Installation shall not require confi ned space entry of any type, whereas 'entry' into a manhole is defined by OSHA 1910.146 as 'any part of an installer's body, including hands, arms, fingers, crosses the plane of the manhole opening.' 2. For installation or maintenance, no physical penetrations of any kind by any part of an installer's body shall be made to the manhole structure. 3. The system shall not require any cutting or drilling into the street in order to mount the antenna. 4. The system shall not require any drilling or cutting into the manhole or vault structure for mounting the bracket. 5. RFU shall be capable of replacement in under 15 minutes of on-site labor and without any confined space entry as per OHSA 1910.146. PART4ACCOUNTSUPPDRT 4.1 I NSTALLATION, TRAI NI NG AND CUSTOMER SERVICE A. Manufacturer's representative will include a half-day of start-up service by a factory-trained technician, if requested. B. Internal crew resources or a certified contractor will install in strict accordance with the manufacturer's instructions and recommendations. Srnort:CoverSyst:erns.corn SMARTCOVER8 WE'VE COT IT COVERED~ C. Contractor will include the manufacturer's services to perform start-up on instrument to include basic operational training and certification of performance of the instrument. D. Contractor will include a manufacturer's Service Agreement that covers all the manufacturer's recommended preventative maintenance, regularly scheduled calibration and any necessary repairs beginning from the time of equipment startup through to end User acceptance / plant turnover and the first 12 months of end-User operation post turnover. E. Items A and B are to be performed by manufacturer's factory-trained service personnel. Field service and factory repair by personnel not trained and certified by the manufacturer is not allowed. F. Use of manufacturer's service parts and agents is required. Third-party parts and agents are not approved for use. G. Agents will be assigned to the User for live customer support for the term of the service. H. Ongoing training will be supported during the term of the service. SmortCoverSystems.com Named Insured Schedule for Tencarva Machinery Company LLC ❖ Tencarva Machinery Company, LLC ❖ T encarva Holding Company I ❖ Tencarva Holding Company II ❖ Hudson Pump & Equipment Associates LLC ❖ Hudson Pump & Equipment, a Division of T encarva Machinery ❖ Engineering Equipment, a Division of Tencarva Machinery ❖ Electric Service & Sales, a Division of Tencarva Machinery ❖ Southern Sales Co, a Division of Tencarva Machinery ❖ GPM Industries, a Division of Tencarva Machinery ❖ Uniguard Machine Guards, a Division of Tencarva Machinery ❖ Saladin Pump & Equipment Co MARSH & McLENNAN AGENCY October 23, 2020 CITY OF CLEARWATER PrNANCE DEPARTMENT, PosT FF! Box 4 4 UEARWATER, FLORID.\ 33758-4748 Mu ICIPAL ERVIC!!S B ILOL\IG, 10() ::iOU1H 1\frR1U! AVENU8 TEI.EPMONE (127) 562-4530 FAx (127) 562-4535 NOTICE OF INTENT TO MAKE A SOLE SOURCE PURCHASE ISS 06-21; Manhole Level Monitoring Systems The City of Clearwater (City) intends to purchase a commodity or service for which we believe only one (1) known provider exists. This document contains the specifications and justification for the noncompetitive procurement. Any vendor who does not agree that this commodity or service is available only from the source described in this document must contact the procurement officer listed below by the response deadline. Purchase Description: The City of Clearwater Public Utilities Department intends to establish a term contract for the purchase of Manhole Level Monitoring Systems complete with associated telemetry equipment and data communications services to provide early warning of impending san itary sewer overflows (SSO). The City intends to initiate a pilot program using these product(s) for an initial purchase of approximately 16 manhole level monitors, with related equipment and accessories, with the option to continue purchasing on an as-needed basis. The systems must provide real-time data from sites. Solutions shall be satellite based for uninterrupted operations in case there are local, regional, national disasters or extraordinary circumstances. The system must have the ability to communicate with the City's SCADA, GIS, and CMM programs. Additionally, devices must be portable, self-contained, and affix to the underside of manhole covers and lift station hatches. Intended Source: Tencarva Machinery Company LLC. Oba Hudson Pump & Equipment Intended Product: SmartCOVER Term/Price: 3-year term contract. Estimated cost for initial purchase -$82,000 Justification for the noncompetitive procurement: The SmartCOVER system is a patented, proprietary system and the only solution found to meet all requirements of the City of Clearwater Public Utilities Department. Response Deadline: If you feel you are able to provide these commodities / services and would like an opportunity to submit a proposal for consideration, please submit your response by November S, 2020 at 10:00AM EST as follows: • Log onto: https://app.smartsheet.com/b/form/6965ef2e80e84fa6b2426b2a0f226441 • Complete online form with "Your Information" • Use the drop-down arrow to select "Project You Are Bidd ing On" • Drag and drop your files into the "Upload Files Here" box • Once complete, hit "Submit" General, Process, or Technical Questions concerning this Intent to Sole Source should be directed, IN WRITING, to the Sr. Procurement Analyst, Valerie Craig at Valerie.Craig@myclearwater.com no later than October 30, 2020. Mark llunker, Councilmembcr Kathleen ll<!ckman, Councllmemb<r Frank Hibb.rd. Moyor David Allbrillon, Councilmemb<r Hoyt Homilton, Councilmember •Equal Wlployment and Affirmative Action Employer• ISS 06-21, SmartCOVER Craig, Valerie <Valerie.Craig@MyClearwater.com> Thu 1 t/5/2020 10:29 AM To: Porter, David <David.Porter@MyClearwater.com> Cc Daniel, Glenn <Glenn.Daniel@myClearwater.com>; Public Utilities Accounting <PublicUtilitiesAccounting@myclearwater.onmicrosoft.com> It 2 attachm•nls (2 MB) ISS0621_Manhole_Level_Moni.pdf; D.Porter Response to TEAWWORK.pdf, Dave, The City did not receive any additional challenges to Intent to Sole Source 06-21, MANHOLE LEVEL MONITORING SYSTEMS. Therefore, On Procurement's end you're free to enter a requisition for City Manager's approval! Description Line: ISS 06-21: MANHOLE LEVEL MONITORING SYSTEMS General Notes: •••For City Manager Approval .. A Notice of Intent to Sole Source was posted to the City's website from 10/23/20-11/05/2020. The City received a proposal from one vendor, TEAMWORKnet, Inc, on 10127/20. The vendor's product was reviewed by PU Staff and was rejected based on Public Utilities' needs/requirements, letter attached. Awarded Sole Source Vendor. Tencarva Machinery Company LLC. Oba Hudson Pump & Equipment Intended Product: SmartCOVER Term/Price: 3-year term contract. Estimated cost for initial purchase -$82,000 Attach at minimum: • Notice of Intent to Sole Source (attached above) • Updated Quote • Sole Source Letter • Director Justification/Sole Source Questions • FDEP Settlement letter • O.Porter Response to TeamWorkNet Thanks, Valerie Craig Valerie Craig, CPPB Sr. Procurement Analyst City of Clearwater From: Williams, Jeremy <Jeremy.Williams@myClearwater.com> Sent: Thursday, November S, 2020 10:02 AM To: Craig, Valerie <Valerie.Craig@MyClearwater.com> Subject: ISS 06-21 Valerie, Nothing digitally received for this: h!!Ps://www.mydearwater.com/Home/ComP-onents/RFP/RFPn2G/1111 Thanks! Jeremy 11/5/2020 Mail -Craig, Valerie -Outlook RE: ISS 06-21 Inquiry Porter, David < David.Porter@MyClearwater.com > Tue 10/27/202.0 3:15 PM To: Craig, Valerie <Valerie.Craig@MyClearwater.com > Cc: Gardner, Richard <Richard.Gardner@MyClearwater.com>; Daniel, Glenn <Glenn.Daniel@myClearwater.com> I 1 attachments (2 MB) 8301_PF00348.pdf; Good afternoon Valerie, This company produces this product for use in the power industry; it is an underground distribution sensor. It is used to monitor electric systems for faults. It also allows for the monitoring of water level in power line vaults. It is powered by the use of induced current flow from power lines in the vault (a transformer picks up some of the power flowing through the power lines in the vault. We have no power lines in our sewage system manholes. Data is transmitted via the internet presumably using Wifi connections or cell phone technology, not via a satellite link. The equipment does not mount to a manhole cover. The device is for use in electric vaults, therefore the device would not be designed to withstand the harsh hydrogen sulfide laden moist gas environment encountered in the sewage system manhole. The monitoring system does not include the tracking, trend charting, infiltration and inflow identification rate tracking, 1/1 forecasting, and other specialized software necessary for use in our application. The applications for this equipment stated in the literature are all power system related and not sewage system appropriate. This device and the system does not meet our needs. Thanks, Dave From: Craig, Valerie <Valerie.Craig@MyClearwater.com> Sent: Tuesday, October 27, 2020 11:29 AM To: Porter, David <David.Porter@MyClearwater.com> Cc: Gardner, Richa rd <Richard.Gardner@MyClearwater.com>; Daniel, Glenn <Glenn.Daniel@myClearwater.com> Subject: Fw: ISS 06-21 Inquiry Dave, Can you take a look to see if this manhole level monitor meets your requirements? At first glance I don't think so, as it looks like it attaches to the wall, but would like your teams official response. Thanks! https://outlook.office365.com/maiVAAMkAOQ2ZjlOYjE2LTIIYzUINGNjYS1hY2U3LWQ4Y2NmMjk5M2IzNgAuAAAAAADL6BVyHmG7SK%2FllcxqV0ac... 1/3 11/5/2020 V cwwle, Cr-~ Valerie Craig, CPPB Sr. Procurement Analyst City of Clearwater From: Robert Farkas <rfarkas(@teamworknet.com> Sent: Tuesday, October 27, 2020 10:55 AM Mail -Craig, Valerie • Outlook To: Craig, Valerie <Valerie.Craig@MyClearwater.com> Subject: RE: ISS 06-21 Inquiry CAUTION: This email originated from outside of the Clty of Clearwater. Do not click links or open attachments unless you recognize the sender and know the content is safe. Understood Valerie, I wa s attempting to understand if this would be a possible solution to the City's issue. If it meets the need, we'll be happy to submit a proposal. If it does not satisfy the need, then we'll refrain from responding. fjJt,l't '3g N rO/"ia.f, P. E. VP -East Coast Engineering & Operations TEAMWORKnet, Inc. 813-951-6288 From: Craig, Valerie <Valerie.Craig@MyClearwater.com> Sent: Tuesday, October 27, 2020 10:51 AM To: Robert Farkas <mrlsli(a)teamworknet.com> Subject: RE: 15S 06-21 Inquiry •CAUTION: External Email• Hello Robert, To formally submit a proposal for consideration, please follow the steps outlined in the Notice of Intent to Make a Sole Source Purchase document, which can be found at the below link: h!tP.s://www.myclearwater.com/Home/Components/RFP/RFP/226/1111 We appreciate your interest. Regards, Valerie Craig Sr. Procurement Analyst Oty of Clearwater https://outlook.office365.com/mail/MMkAOQ2ZJI0Y]E2l111YzUtNGNJYS1 hY2U3LWQ4Y2NmMjk5M2IzNgAuAAAAAADL6BVyHmG7SK%2FLkxqV0ac... 2/3 11/5/2020 From: Robert Farkas Sent: Tuesday, October 27, 2020 10:08 AM To: Craig, Valerie Subject: ISS 06-21 Inquiry Mail -Craig, Valerie -Outlook CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you recognize the sender and know the content is safe. Valerie, I understand the City of Clearwater to be in need of a water level monitoring system for their manholes around the City. If you have underground distribution to monitor, the attached product may also be a beneficial deployment that we could assist with. ~be,,.( '!J(I N ra,<IA.r, P. E. VP -East Coast Engineering & Operations TEAMWORKnet, Inc. 813-951-6288 httpsJ/ouUook.office365.com/mail/MMkAOQ2Zjl0YJE2LTIIYzUtNGNjYS1hY2U3LWQ4Y2NmMjk5M2IzNgAuAAAAAADL6BVyHmG7SK%2FLkxqV0ac... 3/3 RE: FDEP Settlement Agreement -Council Approval Documents Kohler, Owen <Owen.Kohler@MyClearwater.com> Mon 12/14/2020 1:26 PM To: Porter, Oavid <David.Porter@MyClearwater.com>; Maxwell, Micah <micah.maxwell@MyClearwater.com> Cc Gardner, Richard <Richard.Gardner@MyClearwater.com>; Vogel, Lori <Lori.Vogel@myClearwater.com> Council approved the settlement because the potential claim was over $50k. It wouldn't be necessary for council to approve the purchase unless the amount is over SI OOK. Owen Kohler Lead Assistant City Attorney City of Clearwater City Attorney's Office 600 Cleveland Street, Suite 600 Clearwater, FL 33755 Office 727.562.4010 Direct 727.562.4018 from: Porter, David <David.Porter@MyClearwater.com> Sent: Thu~day, December 10, 2020 10:56 AM To: Maxwell, Micah <micah.maxwell@MyClearwater.com>; Kohler, Owen <Owen.Kohler@MyClearwater.com> Cc: Gardner, Richard <Richard.Gardner@MyClearwater.com>; Vogel, Lori <Lori.Vogel@myClearwater.com> Subject: FDEP Settlement Agreement -Council Approval Documents Good morning Micah and Owen, The agenda item that went to Council requesting approval of the FDEP Settlement Agreement to address SSO incidents included two documents; the Agenda Memo and the Settlement Agreement as prepared by the FOEP. In the Agenda memo we stated: "Approve settlement of Department of Environmental Protection (DEP) vs. City of Clearwater, OGC File No. 20-0100 for In-kind Project in the amount of at feast $80,388.96 and authorize the appropriate officials to execute same. (consent)" At the end of the Agenda memo the funding statement is as follows: "APPROPR.IATION CODE AND AMOUNT: Funding will be provided by the capital and operating codes needed to cover the cost of the in-kind project· Based on the way we structured the Agenda item is it pennissible to ask Bill to approval this purchase as long as the total is less than $100K or does this purchase still need to go back to Council? Thanks, Dave -an .. ~ August 3, 2020 FLORIDA DEPARTMENT OF Envlronmental Protection Southwest District Office 13051 North Telecom Parkway #101 Temple Terrace, Florida 33637-0926 Mr. David Porter, P.E., Director City of Clearwater Public Utilities 1650 N. Arcturas Ave., Building C Clearwater, FL 33765 David.porter@myclearwater.com Re: Approval of In-Kind Project for OGC File No. 20-0100 City of Clearwater Marshall St., East, and Northeast WRF Facility ID Nos. FL0021857, FL0021865, FL0l28937 Pinellas County Dear Mr. Porter, Ron DeSanUs Governor Jeanette Nunez Lt Governor Noah Valensteln Secretary Thank you for your letter dated July 27, 2020, requesting approval for an in-kind project to install fifteen manhole-level, monitoring systems with data communication service. Your request to perform the in-kind project is approved and the timeline extension request for completion of the in-kind project has been granted to 365 days from the date of this letter. The proposed project provides a benefit to the environment and qualifies as an in-kind project in lieu of making a cash payment of penalties. The Department appreciates your efforts to identify and participate in an environmental enhancement project. If you have any questions, please contact Margaret Dorge at (813) 470-5703 or via e-mail at MargaretDorge@floridadep.gov. Sincerely, ~a~.G~ Director Southwest District Florida Department of Environmental Protection Enclosure: In-Kind Project Proposal ec: Kelley M. Boatwright, FDEP-SWD, Kelley.M.Boatwright@floridadep.gov Erica Peck, FDEP-SWD, Erica.Peck@floridadep.gov Margaret Dorge, FDEP-SWD, Margaret.Dorge@floridadep.gov Lance Kautz, FDEP-SWD, Lance.Kautz@floridadep.gov Jason Jennings, City of Clearwater, Jason.jennings@myclearwater.com Michael Flanigan, City of Clearwater, michael.flanigan@myclearwater.com Kervin St.Aimie, City of Clearwater, kervin .stai.rnie@myclearwater.com www.FloridaDEP.gov City of Clearwater Public Utilities Department, Post Office Box. 4748, O eaiwa.ter, Florida 33758-4748 1650 North Arcturas Avenue. Building C, Clearwate(, Florida 33765-1945 Telephone {727) 562--4960, fox (727) 562-4%1 July 27, 2020 Ms. Mary Yeargan, P.G. Southwest District Director Florida Department of Environmental Protection Southwest District Office 13501 North Telecom Parkway, Suite 101 Temple Terrace, FL 33637--0926 Re: In-Kind Project Proposal Department of Environmental Protection v. City of Clearwater Settlement Agreement: OGC File No. 20--0 I 00 City of Clearwater Facility ID Numbers FL0021857, FL0128937 and FL0021865 Pinellas County Via Email Only Dear Ms. Yeargan: Per the above referenced Settlement Agreement, I hereby submit ow-proposal to complete an in-kind penalty project in lieu of making a cash payment ofS53,592.64 in civil penalties as set forth in the Settlement Agreement The project we are proposing will be valued at a minimum of 1.5 times the amount of the civil penalties stated above, or $80,388.96. The exact value will be determined when the project has been finalized. As you are aware, one of the largest challenges that a Utility faces in preventing SSOs is that there are many causes that contnbute to their development Some of these causes include stonn water induced hydraulic system overload, pipeline blockages due to grease/rag/detritus formation (fatbergs), and line bloclcagcs and/or collapse due to directional drilling contractor activity. Therefore, there is no one action that can be taken to prevent or mitigate alJ SSOs. The location and timing of manhole overflows, and the resultant SSOs which occur, currently cannot be predicted effectively, therefore wastewater collection system operators must react to SSOs once they have occurred and been observed. Because the of unpredictable nature ofSSOs, there are few, if any, actions that a utility can take to prevent SSOs from occurring in the short-term. Long-term actions, to reduce inflow and infiltration (1/1), can be effective in controlling collection system overloads due to storm-induced hydrauJic overload, but this work requires substantial time to complete. Mark Bunk,~ Cooncilmcmbc:r Kadtlcat IJ,dcman_ Co,u,dhnanhcr David AUb<IUoo. Coundlmcmbor 1-layt I lamilton. Councilmcmbcr Page2 Therefore, to effectively reduce the number and/or severity of SSOs in the short-term requires that some way of predicting impending manhole overflows be developed; relying on citizen observations and/or staff reconnaissance to locate SSOs is not effective. If sewer line and/or manhole wastewater levels could be remotely monitored in near real-time via electronic means such that impending overflows could be reported to utility staff before a SSO begins, the utility could dispatch vacuum trucks, pumper trucks, portable pumps and e-01lection system workers to attempt to prevent the overflow from occurring, or at a minimum, greatly reduce the quan.tity of wastewater released onto the street and/or into nearby water bodies. We currently do not have the tools necessary to monitor our collection system in near real-time. However, we have become aware that there are companies which offer a manhole wastewater level monitoring system designed to provide such near real-time level monitoring, alarm generation, reporting and data analysis/trend charting capabilities. We propose to purchase approximately 15 manhole level monitor systems complete with associated telemetry equipment plus the data communications service necessary to allow our collections system staff to be able to monitor manhole wastewater level at 15 sites located at critical locations within our collections system. It is our hope that by providing our field staff this tool, it will help them in preventing, and/or reducing the severity of, SSOs in the monitored portions of our wastewater collection system going forward. Th.is one-year-long in-kind project will serve as a pilot trial ofthls relatively new technology. If the technology proves to be effective in reducing the number and/or severity of SSOs, it is our intent to continue utilizing the technology going forward and add additional units each year so l.ong as we continue to see additio.nal reductions in the frequency and severity ofSSOs. The first monitoring/telemetry units will be installed in manholes where we have historically experienced overflows and resultant SSOs. Once in operation, we will relocate the monitoring/telemetry units should it become apparent that alternative locations would result in greater reductions in SSOs. I have provided this Web link (bttos://smartcoversvmms.com() where you will find basic information about ooe monitoring/telemetry system (Smart Cover) as an example of the technology we are proposing to implement However, until the procurement process is complete, we cannot be certain who the vendor of the system we purchase will be; we can only state that the technology purchased will provide the capabilities of the example system. Likewise, the exact number of units purchased will be determined during the procurement process and will depend on total cost for the project. In any event, the value of the project will be at least $80,388.96 as required by the Settlement Agreement. Once we receive your approval of this in-kind project proposal, we will begin the process of procuring the necessary hardware and one-year long remote monitoring sezvices. I anticipate that it wiJI take up to four months to complete the procw-ement process and obtain City Council approval to execute a contract with the successful supplier. I further estimate that the physical instillation of the units and the setup of the remote monitoring and notification systems may take up to six months. Therefore, I estimate that the total time required to procure, install, bring the remote monitoring system on-line, Muk Bunlw. Cou1dintmb« Kathkcu l}cd:m..., Coundbncmh<r Ould AllbiHIOO, Coundbnffl!btt lloyt I wnill<ln, Councilmm,l,cr Page3 debug any issues and begin operation of the system may take 1 O months or more. Therefore, we hereby request that the time allowed to complete our in-kind project, as specified in our Settlement Agreement, be extended from 180 days to 310 days. I have attached an executed lo-Kind Project Proposal Certification Fonn as required by our Settlement Agreement, Exhibit A. We await your approval of this in-kind project proposal, if you have any questions or require any additional information please contact me. Thank you for all the assistance you, your staff and the Department have provided us in helping us resolve this issue. avid W. Porter, P.E. Public Utilities Director City of Clearwater, Florida Reference: SMART Cover -example system basic information: hll[!S://smartcoversystems.coml Attachment In-Kind Project Proposal Certification Cc: Kelly Boatwright, FDEP via email only Erica Peele, FDEP, via email only Margaret Dorge, via email only Lance Kautz, FDEP via email only Micah Maxwell, City via email only Jay Ravins, City via email only Owen K,obler, City via email only Lori Vogel, City via email o.nly Gardner, City via email only Jason Jennings, City via email only Glenn Daniel, City via email only Mark 11,utlw, Cu.mdlmemba- Kalhkcn B«km.ul, ocilmc,nbcr Oarid A bdtloa. Coundlm<mbc:r 1 loyt H lloo. (;(><lncilrmmb<r Proposal Certification Form a. The proposal shall also include a.Certification by notarized affidavit from senior management official for City of Oearwater who shall testify as follows: My name is Brian Jay Ravins and as Finance Director for the City of Clearwater I do hereby testify under penalty of law that: A. I am a person with management responsibilities for City of Clearwater budget and finances. During the eighteen month period prior to the effective date of Settlement Agreement OGC Case No.: 20-0100 there has not been any transfer or use of funds obtained by the City of Clearwater from the collection of sewer rates for any purpose not related to the management, operation, or maintenance of the sewer system or to any capital improvement needs of the sewer system. B. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowingly submitting false information in this certification. Sworn to and subscribed before me, by means of 0 physical presence or D online notarization, this 23rd day of July, 2020 ,£:rsonally, known or by Production of the following Identification ____ _ Notary Public, State of Florida ~°'--~ Prin~~CAlid~~ name: .~.'hl, .. • COlll'illloal0G235411 ~~~ Eifns.MyS.21122 ~,,,._,.JI' .......... _,~,, 0,, My Commission Expires:~~ ~;~DJ;) Commission/Serial No.: t,c,. ~ ;S"Ll \sO -~. c:11'~ May 29, 2020 FLORIDA DEPARTMENT OF Envlronmental Protection Southwest District Office 13051 North Telecom Parkway #101 Temple Terrace, Florida 33637-0926 Mr. David Porter, P.E., Director City of Clearwater Public Utilities 1650 N. Arcturas Ave., Building C Clearwater, FL 33765 David .porter@myclearwater.com Re: Executed Settlement Agreement OGC File No. 20-0100 City of Clearwater Marshall St., East, and Northeast WRF Facility ID Nos. FL0021857, FL0021865, FL0128937 Pinellas County Dear Mr.Porter, -~ GO'lemor "91111¥ I lula Seaetary Enclosed please find the executed Settlement Agreement OGC No. 20-0 I 00 regarding the above referenced facilies. The effective date of the Agreement is the filing date entered by the desig- nated Department Clerk on the signature page. Should you have any questions, please contact Margaret Dorge at (813) 470-5703, or via e-mail: MargarctDorge@FloridaDEP.gov. Thank you for your cooperation. Sincerely, ~ '7l . I!-¥-r · ~~ fcargan, PG • Director Southwest District MEY/md ec: Kelley M. Boatwright, FDEP-SWD, Kelley.M.Boatwright@floridadep.gov Erica Peck. FDEP-SWD, Erica.Peck@t1oridadep.gov Margaret Dorge, FDEP-SWD, Margaret.Dorge@floridadep.gov Lance Kautz. FDEP-SWD, Lance.Kautz@floridadcp.gov Jason Jennings, City of Clearwater, Jason.jennings@myclearwater.com Michael Flanigan, City of Clearwater, michael.tlanigan@myclearwater.com Kervin St.Aimie, City of Clearwater, kervin.slaimie@myclearwatcr.com Lea Crandall, FDEP, Lea.Crandall@floridadep.gov llortdadep.gov I I March_2, 2020 FLORIDA DEPARTMENT OF Environmental. Protection ~ blstr1ct Office 130~,. Nmth re~~ ttol Temple Ten'llcey Flolida, 33637,-0926 Mr. D:ivid Po~, F.ll., Director qty o_f Clearw.µer-Public Utilities t~ ~•t ~ A,v-e., Buildips-C. :Oearwate:r,·FL .337~ Da:vid.~dearwater,com De_partinent..of Envirohtnental Pr-otection v.. City of Oearwater, OGc File No.~ 20-0100 ~ St WRF -Fl.00'11857 N9rj:Jle~ WRF ... a.nus937 F.ast WRF -·FL0021865 RaaD.sials ~ J~.Jtalier tt..~ ~ State·of Florida Oepartment·of Environinental Protectkm (~1 pn4s that City. ot~tei:fResp<mdeiltJ disch!uged app~tely l,500gallans '>f un~ted. was~tei toa ~ ~terb9dy knQwn as Clearwater fla1.i1ot. on ].tine~ 2019; 13,()50 gallons o£ ~ wa;st.ewater-toJ\J).eri's 'CreekQn July 25,201.9~ August 16, 2019; 7 ?5()-p)J~ Qf' ~ ~ta the~ Waterway-on August 16, 2019; 500 gallorts·-of an~~~ b> S.b?Venson Creek on August u;, 2U19,.'1'1d ·18,oo() gallons c:if"tintteated wastewater toT~ 6ily Ol} Atigqst18, $9. In a<!4iti~ the facility bypassed the-~ Filters at~ ~~-St.~ QI\ August 1-6., 17 apd l9 .... 2.0l!Tr~in a discharge ofa~y3.QMw.J!QD$. of~ treated wastewa~ tQ Siev~ creek.-~.dlSciwges all resulted in water ~ty vioiati~ ~ ~~ ri!:4tiQnofSectjpn:403J21 (.3)(b),.FIOrida:Stattttes, and RuJ~ 62~i30(i) aaj 62:-~o0(2)te }, F19ri4.a A~e. Code. Although there ate .no ·£artlie,.-. ~ons ~to~ the viQlation. yo.u. ~~to civil penalties as·a resulf of the violafu?n. You are~ .respoJ)Sible £9r eo&ts ~ tzy·thet>'f:pamnent during the inv~~tion.of ~ riiatter. · · The Department:rs Offer DEPY!I-Ci._ty 9.f Cle~rater-t-,!arshall$.t., ~and Northeast WRF OGCNe,-20-01~ Pa~ Based on. fhe·violations described-above, 1:heDepartment is,seelqng-$37,600.00 ia$;1 penalties; $.7 .,;59264 ~ economic },ent>ji.t;. ~,400.QO for a ·history bf n~n.-ctnnpliance; and $250.00.for.~ts.!llld ~ the Oej>artmetlthas irtcurted in 4tyestiga~g fpis,µ.i.aJte;r, ·wiuchamounts·tc:ia total of$53,842.64.. In lies.of making cash: paymertt of-$53~64 ifrc:ivil.~fties-as set.furfh. in the .ab<1ve patagra_ph. EespQP4entmay elect to otl--set-tbis. amount by impleinen~g an m-kind _,, lm ptnL:.;<+ ·which-must be a m<'"V'~ ~. the.~ amnent. An in-1,.; .. r1 roiPrt must .r--..... •] 'f)'"'-'1. . Pr....,., "?¥ UJ . .P . . . . . :.~ .. 1.uu p ~-- _be i!i.~ an eµvfronmen_ta] ~cement...environmentai .restoration or a-capltal/ fa~ty improvement~ The Departilienli:na_y also ronside!f th~ 4onati~ pf ~tally ~five land as an m:kind project. The value al the.·in-kiild. ~fy project.shall be otte and' a Ilalf-times ~ civil. peoa1fy o.~-s.et an:tOQnt, wlncll in this case is.tpe eqtiiyajent of-a~ l~ $80,388.96. tl ~tchObSeS to implement turfu...Tm\d project. Respondenuhail hotny tbe ~J>f .its ~~n~ el~tr.Qnic lDiill to ~ Kautz ;,.t Lance.Kaµtz@FlorldaDEP;p:with.in rs days Cif. the effective date of~ Settlement Agreement Notwithstmdirig_ the eiecti.on to ~9lexiient ap·~d. ~~-pa~-~ of the ~h\iog-~00 ~ c:osts must• 'be t.>aid within 30 days of the effective il~-of the S~ent Agreement. H~ent ~.to implement.an.in.kind project; then Respm_ldetit shall comply. with all tbe·requii"ements and~~ iji~ A.entitled fn-Kind P.r~ In~ event that~~~ tQ •-set dvii peoa1tles by.implementing anin-1$d pe:na1ty project whichi!I approved by the.~.dµring:the pep~ that this ~~ ~ ~ w:during tile ~e date o{any Department issued P~ tQ'~whichever is longer {Proliibi.ted-TransferDtn:a#on), Re9P.9ndent -shall nottmoslei: or use.ftm.ds ~ by tbe~ent .frQm the ~oa o£.11eWe1' i:ates Io;,: iUlJ purp.aie nottelared tQ."the-managementi. ~ er~~ of the Se-wet-System¢: to-any capital iutpmement~of the·Sewer System (her~ PrQhibi.ted 'rransler). Thebepartttient ~that arty-and-all PILOT ~yment jIJ.lieµ of taxes) ma4e by·~ ·q~ ClfOeaiwater ~ Ufilitiefi .En.terpri.se Fund -to-tbe.c!lty of Qearwatex General fund·wfil notl>e comidered a Pn>hibited"Tr.jnS{er and wijlnot• violate this A.-~ ~espondent slutll ~y .certify to ~e Defartmeni using the ~ ~tion'Form located on Exhibit B to this Agreement ~t no-Pro.~ted Transfet ha:s oro.nrea In the event o{ ~Y P.tohibi.~ T~, the-In-I<iruf project opti,;>~ ~-~forfeited, and.en~_civil penalty shall immeaiate1y become due ·and owing to the Department irrespecpve o!:aey ~ b)_' tl)e R~ent in ~ of the_ht,.Kirld·protect. P.Erv:s. ·aty QI ~h:r-.M~St., E,st~ NJXtheast-WRF PG(:·N9· ~oo P~.3 )te-mo-nden~s-A~ceptance. If you~s~ tQ a~ept ~.offer .µid fully resclv~ tlµs .. ~~:enfo~ent-matlet,. please sign this AgreettleJ)t.aitd ~ jt to the Dep~ at 13051 North TeJ~om Parkway, Su.if.e 1.(fi, Temple?":"efn\ce, FL, ~7-0929 by~-~, 2020. The-Dep~t wm ·then.countel'Sign it aodlile.it with a-designated. q~ of tli~ ~ Once the 4~ is file4 with the: designated derk,.tt will c-gnstitute·a final otder of the Department p~ Sedum 120.52(7), F:S. and·will be effective. tinless a request for ~_.adµunisqative,he.a:ring is ·filed by a thinlparty in accordance With Chapter 120, F..S. lUld .the a~ Nptice of J«g_hts. ~yaccepting._t.:,:rls 9ff~yt>~ Dayj4 P~ (1) acknowledge and waive y~ right ta an administrativ~ heatjn.gptJISUaJ\t to. ~ons.1.20.569 and 120.57, F.S., on the terms of this ~ffer; {2} adcnowiedge ~d.waiv_e•ybur'.pgl¢ to~ ~p~ e~~ S.ection U0.68,FS,; md . (a) ac):nd~l~ t;ha.t ~yme.:n,t of-the above.am.ount dO'eS not constittlti!·a waiver of lhe ~s ~ i,£ atty, to recpver emerg~ ~ relau:4 CQ6ts and expenses for this mattet. · · Tl_l.e ~¢ ~P.-'i that your~ of this-offer does. imtdm$titutean a:dmissioo of llabi{ity ~~ vielal4m(s).~ above. ·Remondent' s Performance After .,._,~ . and ft>hn-nm this.dommerit tQ ~ n..n.:..+n-.on+ ."'"o' ..... g . ., ....... ....,...g ...,~r--..... ~ ... (l) Upon-Si~~ Agreement,, y.oµ must.implemer\tthe In-kind ~.in ~e ~~ ~-tequiteinentS:ident;ified in the..a~.Bxhilnt Your failure to tintel stattor cnmrdete the ~l.cind p..,.,;ect, or tiineI . 'de then-.,,,....__,.. . Y. . . .,, ... 't!'... . . !'-•VJ . . yprovi ........ ~~- ·with the Final RiWott. will CJ~~ _Jn-ld,hd ~jecl Opµol) tQ be b.feited and 1he balafic:e oftfu! civilperutlty~ l>e 4ae ~10-4a,ys of. notice-frot;n the Oepamnent {2) :U you el~ to.iJnp!emenUhe.In-kind.pl'Oject,-.payment of $250 for·~ and ~~-~~.be.J>ai.d within 30 days of the, effective-da£e o~ tlw ~ I£ yo(l ~edd~ Mt to,implemem. ~ Jn.'lcin,;Cl?roj_e(:t. the Resporulerat shall pay the £till~ amount,. ip4ucµng c«rts and ~~s,-0£~3;8426{ by ]lUle S,-2020. QEP v~ y.ty.cf'~-~~, ~ am\ No~tV.'RF OGCNo. 20-0100 Pa~-4 ~) Make all payments-reqaired by this Agreement by whi~s <:Mck,. i'n~ orcJet or on-lin~ pa:ymenf. Cashier'-s check or money ordei::-slulll. be:II'(ade payable to .the:"pepat1ment of Envi.roruJ\e'D-tal.ProtecnQR;1 and shall include:both -the cx;c. nµnioer·assi~ to Uus;Agr~t.and the·ootat;ioQ. "Wa.te£ Quality Ass~ Trust.Ftirx:t • ~ · ·,1m.,..,.=., by e-ch.eck can be ~e b . . -to u.-DEP . pa,-~-~ . .. . -.. 'Y-gpulg -µ . .,;; Business Portal a-t: http:/ fwww.Hd¢pportal.com/ go/pay/ · D: will take a: number elf" days a£tet thls.a~~t ~ final and effect;i.ve plea with the Oerlc of~ ~~9re al>ility to make Qnline payment is avaiJable. 'Qie Departm.entmay enfoox ~ ~ of this_document, once fin.al, andseek to cofiect il!QI:ii~. ~ purst.UQ1t io Section$. ~-69 eJld. 403.1.Zl, F .s: . Until clerked~ the~ this A~t is,onty. a settlement offer and not a firiaI ageng•actioia, ~Y~ ~~ yoa. no,:-·any Qfh.er party ~y ~ an administrative. ~,.,toa>P!est"tfilsA•'· i:Jlerttril,...,.,,,..,.ton......-12()" P.S. 0nre. .~'6 gree .l:'-":••••u.. • -~-. , . -. trus .Agreanem: is derked and beromes·ai Einal brd.et -of tf:i.e ~ a!I ~fained abov~ the-at;tached NQfimoi Rights-will aPP.Jy to parties, other than y~ whose interests will ~y affected. Eiectrtmicsi~ or othervmdmls·Ql the~ si_gi_la~, such as .pd£~ .facsimile.,. shall be-valid aad.havetiiesam~ddrt:e alnd effect-as ari&™:'Js No modi¾~q(fhe_lerms-of tbis A_greem,entwill·be~euntill1!Ciuced.tt>~- ~ byl>ot4~~ UleOepartment. imdfiled wiillb!derkottl\e. ~~~ . . .Pkase be..aware:tha.t if you ded.iile-to respond to the Depa:ttmenrs ~elf; the ~i will asswm.,-thaty®'are nQt interested in.)::esolvfug the matter-and will· p~~,- 1£ ;you ~e any qu.~, please~ l..al'l(,'e Kautz at 813-470:,5900:or at i.aixe,Katrtz0FlotidaQEP+t9k. Sim;:etely, ~~~ MaryE.Y~PG Disbict Directot Soui:hw~Distri.ct DEP vs. City of Oeacwater -Marshall St., East and Northeast WRF OGC No. 20-0100 Pages FOR THE RESPONDENT: L ---------==:~~-[David Porter], HEREBY ACCEPT THE I~ OF THE S~.;m. IDENTIFIED ABOVE. By: ~ Date 1"11'1 I~, V 0 Signature] o/ Title: r=?, (i?LfC. LAr't-trJtl J Of"A.K ~ [Type or Print] FOR DEPARTMENT USE ONLY OONE AND ORDERED this 29 day of May, 2020, in Hillsborough County, Florida. STATE OF FWRIDA DEPARlMENT OF ENVIRONMENTAL PROTECTION MaryE. Yeargan,PG District Director Southwest District Filed, on this date, pursuant to section 120.52, F .S., with the designated Department Oerk, receipt of which is hereby acknowledged. Clerk Attachments: Notice of Rights May 29, 2020 Date • DEPv~ ~o.f Oean!ater-~~,-~aod..No~-WRF bccNo. 2'HJIQO Page6 Copies·~ tp: ~-~AgencyOerk Mail Station 35 DEP '1/S-GtyotOearwa~i,-¥ars1'aUSf.., Easl:and N~WRF .c«No.~00 P-age7_ NOTICE OF RIGHTS P~ns-who .are no.t-parties to:this .Agreement bti.t whese·,su~tial interests are affected:by it,.· have a ttght to pe~lion f9r ~ ad,znipistra,tive hearing .under Sect;i~ 12Q.569 and 1~ . .57, F.l,o.rida.$~h,ttes. Because the ad.nunistrative hearing proress is-designed to-formulate fuutl-ag'e:l'l;Cy ~ot1c tfle-filing~f a p.e#tion.·coriceming tlwrhg~me~ ~t t;h.fDepartm.ent's PllcU aclipa ~ be differentfro.tn.the .position it has. taken in the. Agreemertt -~ pet.iti$ fo, adminisb:aa,.ve hearfug_must CQnt:a.i.n ~ of t:rn?·fotlowing infonnation:- ·a) TlufOGC_Num~-$'ri.~~ to this~ ·b) Toe name, addresst and ~ephone nt1ll1ber of~~ tne name, address, andtelepli6lfe number of theJ~etitionef.s~t;ive. if .any., wbichslajl ~ the ~for-~~-daringthe,~ of the proteeding; c) An exp~Qrtdf-~ ~ ~s ~psb.\ntial interests will be·affected by:the A~en.t; . d) A~~¢ wpe,11 an4 howthe~ti~ ~-~.flo.tice.qfthe Au.eement. e) Eithei'a statement o£ all ma~~~~~ .the.~~ a ,-x.....,.._,._._ that aon ~. does ~.,H--..an material lacts· PU&l~ICL~\ ""~ ~uu.Cll)e!' . ....,... .. ~r-y . , f) A statement of th~~ facts the petitioner oot\tends Waftai:tl'~ "Ot· i.nooi&atioo. tlf the:~ $) Asta~ of the mies or-statu~ ~ p.etitibnennntends.reqtiire reve;rsal or m<Jdificatiort of the~~ and, h) A ~iement of~~ SfJUgnt by,ihe. ~,-~tmg.pte6selfthe action peti.tionerwi'shestheDepamrientto~~~tg.~A~ The petitiontnust be filed (teceiyed} '~ ~ ~S-~ ~ ~ ~ :3900 Qnnµioµwea!th Uoul~~ MS#-35, Tallahassa; Flonaa 32399-3000 within 21. days Gf I.'l!Geipt ofthis notice. .A copy Qf ft1e' p_elition_must ~ 1,e mailed at the time of {ilingto .the Piatrid:Office-at the a.ddress.indicated above. Fliilurc! .to file ·a petitiOJ;i within the21-day pefic,4cbrimhites a ~-s ~~-of theiwrt to requ~ an ~tive heami.g and. to participate as a partylo this-_proceeding un.det Sections U0.569-md 120.57rFlorida Statutes. Meqiation itJ:id~ $egion·~.s7.3,_ Florida {,~µi.tes~ is'JtQtavailable-in this proc-ee~. DEP~ City of G:.a~a.ta:-~h.USl. East ll!ld Northeast WRF OGC No._20-0100 Page8 Exhibit A Ib.-i<tnd Prorects L futrcx{u~'tion An in-kind project" a. Wrthin6o days of the effectiv'e ·dat-e of this Settlement .A:greetnent, ~t $:ill $1D1JU~ eJ.~y 9r by~ qiail,.~ <{elai1e4 m.;kind_Jmajed pr.opt,sal to.the 'Department-fur evaiuatioa The proposalshalf include a smnmaty ot ~tg, p~ ~ul~~ ii,np,lementatioa·cll)d ~taQQ.nt;)t the esmna,ted cosJs which are expected to 11e intmted id complete the project: ThesE! costs shall nc;,t ~u4e ~ ~ iI}_develppi~ ~ w:o~-0ro~ apen,yal.#om the Department for~:in-kin.d project. Pro~ Cemfication Form b. The propaiallihall also include a Certification by l\Gtarized affidavit from senior~ officiaIJor City ofO~terwhQ shalltest,ify as ~Ilpws: My~-~ _______ (print ar type.~~ ~or ~gement ~) and do hereby te$tify ander penalty of.Jaw-that .A. 1 .-en a per9Q1l with~ responsibilities-Ior City of-Clearwater 1-w,,'f.-, and 6nanres. nm-... ... :the ... ~-.1. montfr · · · od· · ·or to ~-effecti'9'e ~~ .,....,&&'o ~u~, .... u • .o• ,_pell ~-. date of $ettlerpent ~~ Case No.: 20--0100 \here bu not been&Ilj' .transfer or use of funds obtained~ theGfy ol Clearw.atl!r fronl. the 00~01).'~f sewer ,tatesJor ~y p'grpQse-DQt relatedio .the management. openitioI\. 0r mafu.tenance of the&eWel' system <1r to.arty capital in\prov~tneeds of the _sewersy~ B. I •a#u.ware that~~ ~cant penalties for submi~ infm:na~ including the-possibilitj of 1me and.~rror ~w.ingl.y ~bmittutg ~ mfotmaticm iti t;ltis certifieation . ' . l)~ vs. Qty ofClea,rwater-M,arshallsi::, ~ III1d NOJ1t>em WRF ~Ne,~QO Page.9 Sworn .to and ~!,lbsqibed·~ore.m~, by m.~ 0£ D physical presence Qr· • ·online nqi:anzation, this_day .of. .2020 by ____________ _ Peis'Q~, \a}owtt or by Prud.1,1dion.of ~ followin.g ldentification __ _ :No~ Pµblic, State. of Florida Printed/typed ·at~ name: My Gmunission Expires; ___ _ ~jor:t/$eria1.No.: ~· ___ _ c.. [ftbe Department requests-additionai ~~~ or ~J:ion. ~~ ~ a. ~y iiicomple\e .~ ptoject proposal OJRC{llests niedffications. due to '1e6cierviPt with Department.guid~, Rt!spc:nierit.sb:all submit, electi'<>rtically tJi by cemfieit ~ all ~estW.-~ditioilal infu..lil1ati~ ~IJ8n.on., !llld, ~ons witJt;in 1..5 dap E>f-,:eceip.ts Q£. writ.teh notice. d. I.£ upon·revie.w Qfthe in--khld project ptbpOSal-, the Deparlineilt detemtmes tfiatthe·project.cann0tbe-accepted ·due.to a.~i~ i>~ or-~ tQ ;_i....,,;._a.:_• .1..c:A.1:-...:-witlt • • n......"'~ ..... rl..r...._, .. o_,_,1ent·shall-be ~l.q.l~ ~-~\Qll ...,..yu!'~'!'-",~ ~~-J 4-yv•- ~ mwritinSt ohhe tea'son(s). which prevertfthe aceepfance af'the pt~ ~ shall'cortect ~ r~ all.oit,hema~ atis$lte and sµbmit; dectronically or l:Jy·c:¢uied mai4 a new._p.roposal wnhin:30 days o.hec:eipt of ~tten notice. In the event that the tevisect~1 • · ·~,.,.. ed b ...._~ n..ro_._. ..... '" . . . pro~ IS •~.• approv . y u,1.e ~..,._"-'-~ Respoodent shall make:cash p.aymertt en the.civil penal~ as set forth in tneSettien'lent 4·~-within30.da •s6f-De artmenti\otice. •.a.c,-,-..&L ........ ~ y p .. . . e. W-ithu.:rm> qays of.~ ~ve date.of ti$ Settl~ Agreement. ··R~ndentshall.obtain approval fur an in-kind ptojectfrom 'the. Ilep¢ment If.~ in- -~ project P~.is notaP,P#lve4 by the-~ within 120 days ~l:he effe(tive date of this Settlement: A-greemen~ tbert Respondent-~ make-cash payment of die civil penal~ as sef[orth iµ the. ~t ~t, within~. days of ~t~fice; D.EP vs. City ct~ater-·MarshallSt,&st and Northeast'WRF OGCNo .. 20-0100 P.age10 f, Wrthin 180 days 6h,ptairiiillf~ent app~aJ..fo;'. ~.il.\-kind ?.'O~ at ln accordance with ~ llpproved JiE;hedule·.subIPifted pursuant l'() paragraph (a) above, Resf.>Orid(mt shall romplete ·the entix¢ in-kind prQjecf:- ;g. During the--implementation of the in-kind ptoject; ~espon4eht shall plac~- app:raprl.a~ ~{~) ~t the project site inili~ting ~ Respondent'-s.11\v.alYement with the pr¥is the res:alt of a Department:enfon:ement action . R~dentmay_-temove the sign(s) after~ prdj.ect has~ cq~.el~. However,~ the proj~.has ~en complete.;I.Resp<mi{etl.t.$lJallnotpo6tanysign(s)•atthe-.5ifeilidicatmg:thaf thereason for the~ w_u•anyfbing o~'than--a ~t•enforcemen.t.actjon. ~ In~ ev~ ,Respondent .6lils w fu;ndy-sul;,Qnt SJlY ~es.ted innm,naqan. to the ~ fails to eomplete in\pletnentation of the in-kind 'ptoJect or .otherwise fails to~-·fflth an tovision of &is · ~ the m-kirl4 "'°""1ty m-nw+ optt· on -"t"~Y .· . Y P . . . . ~grap . · · r--~ r-""r~~ shall .be.forreited,.and the enfire.amowtl of civil penalties shall be>due from the ~tto~~twi~~tWSofDe~~ If fhemkind penalty~ if 'terminated-and ~•t §nie{y-renuts the dvilpe.najty]jstaj in the Agreement,, Jio..atiditional penalties}hall be assessed fui failgre to~ the .requirement of this era;~ph.. · Wii:hin 15 da S of ..nmnlof.ma.t:he in-kind~· v~ ....... shall_,.,,.;,:.,, J, .. -Y--,-.-r.•-.,...~ r&-,_.., .......... ~__.. .._._1 the.Department, ei.ectronkally or bytertified.mail,,.nf the pr~OOD:Jpl~ and ~averlfiaatiolilelter.fr~~-~ ~t!llt~-~tsup.porting ~ verifying that the ptoject'(Vas. oompleted in ~·with the approved' proposaiandd~tat;ionshowing~ ~¢$ i,IlCQm?dtp~Plplete-tl)ep,toject. .These CO!itS sh4l1 not include those ir~une[fin ~eloping the proposal .or obtainittg: ~oval ·front the ~~£Qr the pi'Qjc:ct ·. H · . ~ of a.1.-notinaition 4 N\'mnlen"'" ·t1ie.n.....~ } upoll.. ~. . . YL ~~•-r . ~ .a,,:~l". . ~ that the project -QUUlOt be, accepted·due to a: ·Sllbstantially,mcompiete :notification o! OQinP~oil ~ 4tie tx>-'subs~~ demti00$.fraµ,. the ~~at~ .project Respondent shall be -ROtified<' in writing, of t'he. reason{s) which prevent the ~tana! of t:be ~-~ent slµill ¢orrect and.redtesl!i all of .fl.le·matteraat .iss!J.e and ~ ~edronicah.y or by certified. trudi a new·no66cation o£ compietion withm.:lSday~ of receipt of the-~~ h~., If 1,1pq:treview of the new- ~~~determines lhat.the in-:kind ptc;ect is•st.iii..intornplete·-0r no.t .in accordartce-wit.lf the appr-uved proposal, the "in-:lciri.d ~ty project optiqn shall be fotteited, ·apcl th~~ !lIIlOunl 9£ c.ivil. penalty.shall~ due from the Respondent to the D@> ~ City.of~ter-M.aJsl\allStr~ No~~ · bGc Nd.. 20-0100 Pagell l'.:>q,artmentwithm.30 clays·-0'.£i)eyattmentnGtice: lfthe=in-kindpen.tlty.prgj¢ctis terminated and ~pondenttiifi~y remili5 the civil penalties listed.in the A~ement, no additiollal ~ shall.be.assessed fodailure.to com,pletethe reqafretnents-of tins paragta,pn. OEP vs. Oty_of ~ier-~St.,.~·a.n4 NQI'lirf\ast vVRi= ooc No, 20-Ql.OO Pa.g~l2 Annual ee·rtifkation Form ~ I am a~ witlunana,gemertttesponsibillties. £~ ____ (ptjnf or type.nail.le oj ~d,ept:} ·buq~ ~ fipan,;:es. During the. twelve-month period immediat:efy preceding the notary date on tlrls Certificati~ tbel:e-has ~ been any~ or-qse. cifun4<J Qbtaj.oed·i,,1ne. (prlr)t orvpe.name of ~) .from,& coliection of sewenab!s for .any .purp<>Se ~-rerab!d tQ ·ttce ~ ~ or~.of the ~Systenl..m: to 8nt capital ~ement needs.~ the $ewer Syslem. B. Iai;n~ ~ there-ate si~pe:nalti~ for'5llbmitting ~ infoonati~ including the poss~tJ of. fine and-imprlsorunent{bl knbwingtt submittilig Ialse iilfpnnali~ in tlus ~~ Sworn teand ~ belore~ by.means 0£ • physkal ~ pr• online-~tim\..thia.__ <lay .of _____ 20._by Personally, mown ot by Production ol the following Iden~~oh __ _ ~ Ptiblic; S•~of flotjda Printed./ typed or stamped ~e: My ·Carru:riis;ion Expites:. ___ _ Comxnissiort/Serla1 No:.; ____ _ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9626 Agenda Date: 9/16/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.17 SUBJECT/RECOMMENDATION: Authorize a purchase order to Rexel USA, Inc of Dallas, TX for Allen-Bradley equipment, parts, and maintenance in an annual not-to-exceed amount of $150,000.00 for the term of October 17, 2021 through October 16, 2022 with the option for two, one-year renewals at the City's discretion pursuant to Clearwater Code of Ordinances 2.563(1)(a) single source and authorize the appropriate officials to execute same. (consent) SUMMARY: Public Utilities has standardized on Allen-Bradley factory programmable logic controllers (PLC) throughout the water reclamation facilities, water treatment facilities and lift stations. Standardization creates uniformity throughout the plants, reduces parts inventory, eliminates the need for training on multiple systems and helps to reduce downtime when repairs are needed. Rexel USA, Inc. is the only distributor authorized to sell Allen-Bradley products and related services in our geographical location. As aging units break down or become obsolete, the City has been working on replacing, maintaining, and installing replacement parts on an as-needed basis. This single source contract will be used to purchase equipment, parts and supplies that support all the PLCs that operate and control the processes for the water reclamation facilities, water treatment facilities, lift stations, reclaim booster stations and raw water wells, as well as communications with our Supervisory Control and Data Acquisition (SCADA) systems. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY21 are available in Public Utilities' cost centers, cost code 550400 Operating Supplies. Funding for future fiscal years (FY22 through FY24) will be requested within contract calendar and spending limits. Page 1 City of Clearwater Printed on 9/14/2021 Rockwell Automation Florida Territory 5820 West Cypress Street, Suite E Tampa, FL 33607 USA Tel 1.813.466.6400 Fax 1.813.466.6401 www.rockwellautomation.com expanding human possibility August 9, 2021 City of Clearwater Attn: Kervin St. Aimie 1605 Harbor Drive Clearwater, FL 33755 Re: Rockwell Automation Authorized Allen-Bradley Distributors Rockwell Automation extends and enhances its own significant automation capabilities by partnering with a network of authorized distributors. Some of the many benefits that customers enjoy working with their local authorized Allen-Bradley distributor include:  Access to local distributor inventory (including spares and replacement parts)  Technical assistance from local distributor product specialists  A knowledgeable staff that has access to factory training  Rockwell Automation support of local distributor activities Rexel USA Inc – Pinellas Park, FL is the only distributor authorized by Rockwell Automation to sell Allen-Bradley and Rockwell Software products, along with related services; including technical support contracts as well as training, in the geographic area in which your facility is located. As a matter of Company policy, Rockwell Automation only provides product and sales support to the local authorized distributor, and it is our practice and policy to always promote and recommend that customers buy from their local authorized Allen-Bradley / Rockwell Automation distributor. Rockwell Automation discourages purchasing from non-authorized sources, including distributors who may hold an Allen-Bradley appointment in another area. If you purchase Allen-Bradley / Rockwell Automation products from an unauthorized source, you may not receive the latest version. The latest version of Allen-Bradley products, along with related factory product services, only is available through your local authorized Allen-Bradley / Rockwell Automation distributor. Also, products that are not purchased directly from Rockwell Automation or its local authorized distributor may not be covered by a manufacturer’s warranty. Rockwell Automation’s standard Rockwell Automation Florida Territory 5820 West Cypress Street, Suite E Tampa, FL 33607 USA Tel 1.813.466.6400 Fax 1.813.466.6401 www.rockwellautomation.com expanding human possibility manufacturer’s warranty covers new Allen-Bradley products for a period of one year from the date of Rockwell Automation’s or its authorized Allen-Bradley distributor’s invoice to the customer. As a result, there is no assurance that products sourced from unauthorized parties will carry a valid and unexpired manufacturer’s warranty. Customers purchasing products from unauthorized sources should not assume that they will receive any rights under any Rockwell Automation factory warranty. Only an authorized Allen-Bradley distributor may offer access to factory warranty coverage on Allen-Bradley products. We recognize that price can be an important consideration in any purchasing decision; however, it also is important that customers understand what they are getting for that price (or in the case of purchases from an unauthorized source, what they are not getting). Rockwell Automation firmly believes that the best customer value in the long-run is achieved by dealing with the local authorized Allen-Bradley distributor. Should you have any further questions, please do not hesitate to contact REXEL at 727.573.2222 or your local Rockwell Automation sales office at 813.466.6400. Respectfully, Steve Parkhill Territory Sales Manager cc: REXEL – Pinellas Park, FL A~RDe CERTIFICATE OF LIABILITY INSURANCE I DATE (MWDOIYYYY) 12/2312020 THIS CERTIACATE IS ISSUED AS A MATTER OF INFORMATION ONLY A.ND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TI-US CERTIACATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: H the certiflca1e holder Is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lleu of such endorsement(s). Pf!OOUCER ~!;'.~1t'" Rexel Risk Management Arthur J. Gallagher Risk Management Services, Inc. PHONE I ,..Cc Nol: 300 South Riverside Plaza ,.,,,.. u .... c ..,." Suite 1900 E-MAIL AD"""""• Chicago IL 60606 INSURERISl AFFORDING COVERAGE NAIC, INSURER A: Zurich American Insurance Comoanv 16535 INSURED INSURER e : ACE American Insurance Company 22667 Rexel USA, Inc. INSURER c : American Guarantee and Liabilitv Ins Co 26247 14951 Dallas Pkwy. Dallas TX 75254-6533 INSURER o: ACE Fire Underwriters Insurance Company 20702 INSURER E: AXIS Surolus Insurance ComoanY 26620 INSURER F : Allied Wortd Surplus Lines Insurance Company 24319 COVERAGES CERTIFICATE NUMBER: 1939022188 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW-HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE-FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSlONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INIR ,. .. ltlll/OorH:n ~Wr, LTR TYPE 01' INSURANCE 1-,, WVD POLICY NUMBER I.MTS ' A X COMMERCIAL GENERAL LIABILITY y GLO 3374000-17 1/1/2021 1/1/2022 EACH OCCURRENCE $ 1 000,000 -n CLAJMS-MADE 0 OCCUR ~~j:,'i:J9~~~~';~..,,,.., $500,000 -MEO EXP (Any one person) $10,000 -PERSONAL & ADV INJURY S 1,000,000 GEN'L AGGAEGATE,LIMIT APPi.JES PER: GENERAL AGGAEGA TE S2,000,000 ~ POLICY• 18r • LOC PAOOUCTS · COMP/OP AGO $2,000,000 OTHER: $ B AUTOMOBILE UABIUTY y ISA H25307720 -1/1/2021 111/2022 n,'!'1~,flNGLE LIMtT S3.000,000 X ANY AUTO BOOIL Y INJURY (Plf person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BOOIL y INJURY (Per acodent) ' -,__ HIRED NON-OWNED ~O:f~~AMAGE $ -AUTOS ONLY ,____ AUTOS ONLY er nt $ C X UMBRELLA UA8 M OCCUA AUC 3374001-17 1/1/2021 1/1/2022 EACH OCCURRE,NCE S 14,000,000 -UCESSUAB CLAIMS-MADE AGGREGATE S 14,000,000 OED I I RETENTION$ s B WORKERSCOMP!NSATION WLR C67809403(AOS) 1/1/2021 1/1/2022 X I ~~TIJTE I l ~H-0 AHO EMPI..OYEJIS· UAIILrrY VIN SCF C67809440 (WI) 1/1/2021 1/1/2022 ANYPAOPRIETORIPARTN.ERl'EXECUTIVE ~ NIA E.L. EACH ACCIDENT $1 ,000,000 OFFICERIMEM8EAEXCLUDE0? (Mandatory In NH) E.L. DISEASE · EA EMPLOYEE $1 000,000 ~-· describe uncle< SCRIPTION Of OPERATIONS belOw E.L. DISEASE· POI.ICY UMIT S1000000 c-.E-&ceN -P-001--000080503-03 1/1/2021 111/2022 V.CH OCCURRENCE $2,000,000 F 0311·2054 1/1/2021 1/1/2022 AGGREGATE $2,000,000 Errors & Qm,ssions Per Claim $1 ,000,000 DESCfllPTION 01' OPERATIONS I LOCA TlONS I VEHICLES (ACORD 101, Additional Remar11t Schedui., may be 1t1ached II more apace hi required) The City of Clearwater Florida is shown as an additional insured solely with respect to General Liability and Auto Liability coverage as evidenced herein as required by wrttten contract. ~@mo~@ JAN O 8 2020 FINANCE DEPARTMENT CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Clearwater PO Box 4748 AUTHORIZED REPRESENTATIVE Clearwater FL 33758-4778 M: ~ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 2· of3 340:i Named insureds include : Rexel of America, LLC SKRLA,LLC SPT Holdings, Inc. Beacon Electric Supply Rexel USA, Inc. ( dba Gexpro) Rexel USA, Inc. DBA: Platt Electric Supply Rexel USA, Inc. DBA Rexel Energy Solutions Rexel USA, Inc. DBA Capitol Light Rexel USA, Inc. dba Brohl and Appell Rexel USA, Inc. dba New Haven Supply Rexel USA Inc. dba Rexel Commercial & Industrial Rexel USA, Inc. dba Parts Super Center Rexel USA, Inc. Rexel Automation Solutions _ ..... 3•013 340 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9745 Agenda Date: 9/16/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 7.18 SUBJECT/RECOMMENDATION: Approve an Interlocal Agreement between the City of Clearwater and the Community Redevelopment Agency (CRA) to provide staffing and administrative services for the CRA, provided for the reimbursement of certain expense by the CRA to the City, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Clearwater Downtown Redevelopment Plan establishes that Tax Increment Funding (TIF) funds received by the CRA may be used for certain redevelopment activities. As per Section 163.387, Florida Statues allow that money in the redevelopment trust fund may be expended to support the activities of the Community Redevelopment Agency, including providing for staff. The CRA partners with the City to provide staffing and other administrative services (IT, Legal etc.) to implement the Downtown Redevelopment Plan. The CRA agrees to provide TIF funding in a total amount not to exceed $622,544 for this contract year. This amount includes $475,324 for existing staffing and $147,220 for other administrative services and potential temporary, part-time, and full-time staff. These amounts are subject to adjustment and approval in the CRA budget each year. The CRA will only pay the City for actual funds spent. Any unspent funds carry over to the next fiscal year and are reallocated as part of an amended budget request. Page 1 City of Clearwater Printed on 9/14/2021 INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into this ________ day of _____________, 2021 by and between the Community Redevelopment Agency of the City of Clearwater, Florida (CRA), a redevelopment agency established pursuant to law, and the City of Clearwater (CITY), a municipal corporation of the State of Florida. WHEREAS, this Agreement is made and entered between the parties pursuant to Section 163.01, Florida Statutes, the “Florida Interlocal Cooperation Act of 1969”; and WHEREAS, on May 16, 2016, the Community Redevelopment Agency approved the City Manager’s hiring of a CRA Director as a City employee; and WHEREAS, the City will provide additional staff to assist the CRA director, for which the CRA agrees to reimburse the City; and WHEREAS, Section 163.387, Florida Statutes, allows that moneys in the redevelopment trust fund may be expended from time to time for undertakings of a community redevelopment agency, including providing for staff, as described in the community redevelopment plan; and WHEREAS, the Clearwater Downtown Redevelopment Plan establishes that funds received by the CRA through the use of Tax Increment Financing (TIF) may be used for certain redevelopment activities; and WHEREAS, the CRA wishes to enter into an Interlocal Agreement with the City for the City to provide staff to the CRA and outlining the scope of services and responsibilities of the parties. NOW THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to be realized by the parties hereto, the CRA and the CITY agree as follows: Section 1. Term. This Interlocal Agreement will be effective starting October 1, 2021 and will remain in effect unless terminated by either one of the parties. Section 2. Intent. It is the intent of the parties that the TIF funds paid to the CITY by the CRA pursuant to Section 163.387(6)(a), Florida Statutes, be used to provide the following staff in support of the CRA: INTERLOCAL AGREEMENT TO PROVIDE STAFF, EQUIPMENT AND OFFICE SPACE TO CRA 2 A. Pay the salary and benefits for the CRA Director for the Fiscal Year 2021/2022. This amount may increase annually and is subject to approval in the CRA budget each year. B. Provide for the salary and benefits of additional full-time, part-time and temporary CRA staff that are subject to approval in the CRA budget each year. Section 3. Responsibilities of the CRA Function: Provide TIF funding in the total amount not to exceed $622,544 for the contract year, said funds to be utilized by the City will be allocated in the following manner: A. An amount not to exceed $475,324 to pay the salary and benefits for CRA staff B. $3,300 to pay for Telephone services C. $28,920 to pay for Information Services D. $115,000 for other administrative services and additional full-time, part-time and temporary CRA staff These amounts are subject to adjustment and approval in the CRA budget each year. Section 4. Responsibilities of the CITY Scope of Duties: The services that the CITY will provide will be carried out by the City Manager. These services are: A. Provide staffing, Information Technology services, telephone services, Legal services, City Clerk services and other general services and office space in for the CRA. Adopt operational policies necessary to support the work of the CRA. Section 5. Notice. Sixty (60) days notice by either party to the other pursuant to the Interlocal Agreement shall be given in writing and hand-delivered or mailed as follows: Clearwater Community Redevelopment Agency Attn: Amanda Thompson, Director INTERLOCAL AGREEMENT TO PROVIDE STAFF, EQUIPMENT AND OFFICE SPACE TO CRA 3 PO BOX 4748 Clearwater, Florida 33758 Telephone: (727) 562-4072 City of Clearwater Attn: William B. Horne II, City Manager PO BOX 4748 Clearwater, Florida 33758 Telephone: (727) 562-4046 Section 6. Entire Agreement. This document embodies the whole Agreement of the parties. There are no promises, terms, conditions or allegations other than those contained herein. This Agreement shall be binding on the parties, their successors, assigns and legal representatives. Section 7. Indemnification. The CRA and the CITY agree to be fully responsible for their own acts of negligence, or their respective agents’ acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence only to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to nor shall it be construed as a waiver of any immunity from or limitation from liability that the CRA and the CITY are entitled to under the doctrine of sovereign immunity (Section 768.28, Florida Statutes). Nothing herein shall be construed as consent by the CRA or the CITY to be sued by third parties in any manner arising out of this Agreement. Section 8. Filing Effective Date. As required by Section 163.01(11), Florida Statutes, the Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County after execution by the parties, and shall take effect upon the date of filing. IN WITNESS WHEREOF, the parties hereto, or their law representatives, have executed this agreement as the date first above written. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: _________________________ Frank V. Hibbard, Chairperson INTERLOCAL AGREEMENT TO PROVIDE STAFF, EQUIPMENT AND OFFICE SPACE TO CRA 4 Approved as to form: Attest: ____________________________ _______________________________ Michael Fuino Rosemarie Call CRA Attorney City Clerk Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By:_________________________ Frank V. Hibbard Micah Maxwell Interim City Manager Mayor Approved as to form: Attest: ____________________________ _______________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9682 Agenda Date: 9/16/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.19 SUBJECT/RECOMMENDATION: Request for authority to initiate a quiet title action against the real property located at 407 Vine Avenue, Clearwater, FL. (consent) SUMMARY: On April 10, 2018, the City obtained title to real property commonly referred to as 407 Vine Avenue, Clearwater, FL 33755 (Property) through a county deed from Pinellas County (County). The County had previously obtained title to the Property through an escheatment tax deed on August 23, 2017. While the escheatment statute provides that the County obtained the Property free and clear of tax certificates, tax liens, and other liens of record, the City currently does not have clear title to the Property and the Property is not insurable. A quiet title action is therefore necessary to clear title so the City may orderly transfer the Property. APPROPRIATION CODE AND AMOUNT: 0109600-548000 Page 1 City of Clearwater Printed on 9/14/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9683 Agenda Date: 9/16/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.20 SUBJECT/RECOMMENDATION: Request for authority to initiate foreclosure actions on behalf of the City to recover of amounts owed on municipal liens imposed against certain real property. (consent) SUMMARY: On July 19, 2018, the City retained Weidner Law, P.A. (outside counsel) for representation in municipal lien foreclosure matters. The outside counsel subsequently filed several foreclosure lawsuits against blighted properties. Based on the program’s initial success and the outside counsel’s capacity to handle more cases, city staff has identified several additional properties as viable candidates for foreclosure based on such variables as: 1) the amount of the City’s lien; 2) whether the property is currently in compliance with city codes; and 3) whether there are any superior liens on the property. The properties that have been identified as viable foreclosure candidates are: 1.1806 N FT HARRISON AVE 2.1361 MARY L RD 3.1407 N BETTY LN 4.1400 GULF TO BAY BLVD 5.1393 GULF TO BAY BLVD 6.1000 GRANTWOOD AVE 7.1233 LAKEVIEW RD 8.1384 SEABREEZE ST 9.1510 BARRY RD 10.1546 TILLEY AVE 11.1401 GULF TO BAY BLVD 12.1565 GENTRY STREET 13.10 N. AURORA AVE The liens that the City seeks to foreclose also attach to any other non-exempt real property that the violator owns. As a result, additional properties may be included in the foreclosure action. Therefore, the City seeks authority to initiate foreclosure actions to recover the amounts owed on the municipal liens that attach to the properties listed above. APPROPRIATION CODE AND AMOUNT: 0109600-548000 Page 1 City of Clearwater Printed on 9/14/2021 Site Address Parcel ID Just/Ask Value Lien Amount 1806 N FT HARRISON AVE 04-29-15-61488-002-0030 245,000.00$ 117,500.00$ 1361 MARY L RD 03-29-15-08388-002-0130 89,079.00$ 390,150.00$ 1407 N BETTY LN 10-29-15-71694-004-0100 565,000.00$ 134,000.00$ 1400 GULF TO BAY BLVD 14-29-15-47016-003-0010 116,000.00$ 480,400.00$ 1393 GULF TO BAY BLVD 15-29-15-64890-004-0010 255,000.00$ 98,400.00$ 1000 GRANTWOOD AVE 08-29-16-99101-009-0180 143,560.00$ 426,600.00$ 1233 LAKEVIEW RD 22-29-15-16704-000-0020 63,853.00$ 236,850.00$ 1233 LAKEVIEW RD 22-29-15-16704-000-0020 63,853.00$ 236,850.00$ 1384 SEABREEZE ST 22-29-15-12042-022-0080 186,740.00$ 22,200.00$ 1510 BARRY RD 23-29-15-00000-210-0100 886,275.00$ 304,500.00$ 1510 BARRY RD 23-29-15-00000-210-0100 886,275.00$ 41,000.00$ 1510 BARRY RD 23-29-15-00000-210-0100 886,275.00$ 12,000.00$ 1546 TILLEY AVE 22-29-15-07938-002-0230 73,292.00$ 480,900.00$ 1401 GULF TO BAY 14-29-15-47016-004-0000 52,000.00$ 62,250.00$ 1565 GENTRY 11-29-15-39168-008-0180 122,289.00$ 223,000.00$ 10 N. AURORA 13-29-15-82494-010-0090 114,756.00$ 112,050.00$ 10 N. AURORA 13-29-15-82494-010-0090 114,756.00$ 32,700.00$ Current Property Owner PRECISION HOTEL MGMT CO JESSICA HOWARD, JEROME HOWARD MOUSUMI KHATOON ANAHI MEJIA, LA REINA DE MEXICO INC AYAD ELAYYAN JACQUELINE CHAPLIN EST DORIA ROSE HUNSTEIN, RALPH J HUNSTEIN, GILBERT P SRNKA EST DORIA ROSE HUNSTEIN, RALPH J HUNSTEIN, GILBERT P SRNKA EST THOMAS RIZKOVSKY 1510 BARRY HOLDING LLC 1510 BARRY HOLDING LLC 1510 BARRY HOLDING LLC GLENDA UNGER SEALTY LLC CHAMUSCO, ANTHONY R A AND ANGIE A REV TRUST DOUGLAS E FISCHER DOUGLAS E FISCHER Cited Violation(s) Unsafe builidng Exterior Surfaces Exterior Surfaces, Doors/Windows Excessive Window Signage, Discontinued Freestanding sign Boarded up Windows Fence, Exterior Surf, Garage Door, Windows Unapproved Ground Cover (Gravel) Exterior Surfaces Rental - No BTR Disrepaired fence Abandoned Building Disrepaired fence, disrepaired walls, abandoned building Exterior Surfaces, Broken Windows Roof Maintenance/BTR Required Outdoor Storage Res. Grass Parking/Roof Maint./Ext Storage/Veh. Repair Inoperative Vehicle Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9704 Agenda Date: 9/16/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.21 SUBJECT/RECOMMENDATION: Appoint Jon Jennings as City Manager effective November 8, 2021 and approve the Employment Agreement. (consent) SUMMARY: On September 2, 2021, City Council unanimously agreed to offer Jon Jennings the position of City Manager and directed the City Attorney to negotiate an Employment Agreement with Mr. Jennings. Mr. Jennings has agreed to the following provisions: His salary will be $ 230,000.00 annually, he will be covered by Federal Social Security, and the City will contribute an amount equal to 15% of his salary to the Money Purchase Pension Plan [401(A)]. He will receive a car allowance in the amount of $600 per month, will accumulate General Leave in lieu of sick, vacation and floating holidays at the amount of 35 days per year, with a cap of 120 days’ accrual. He will be entitled to the same paid holidays, travel expenses and insurance coverages as other management employees, including life and disability insurance. He will move into the city within one year of appointment and the city will reimburse up to $35,000 as follows: a) up to $25,000 for the actual and reasonable cost of moving, packing and storing expenses for the complete move of household goods, vehicles, and personal effects to the City of Clearwater. This shall include the cost of travel for up to three trips to Clearwater, including air fare, vehicle rental and hotel stays. Reimbursement of such actual and reasonable costs shall be made upon presentation of supporting documents. b) The amounts reimbursed shall be grossed up to provide for reimbursement of income tax and social security tax not to exceed $10,000. He agrees to attend the Clearwater City Council’s 2021 trip to Philadelphia, September 10th through the 12th. City agrees to reimburse or directly pay the cost of travel. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 010-09211-510100, Full Time Salaries, to fund this contract. Page 1 City of Clearwater Printed on 9/14/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9497-21 Agenda Date: 9/16/2021 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Office of Management & Budget Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Set final millage rate of 5.9550 mills for fiscal year 2021/2022 against non-exempt real and personal property within the City of Clearwater and pass Ordinance 9497-21 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes, which defines requirements for the Determination of Millage and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt a final millage rate for the new fiscal year. The adoption of this ordinance to establish the millage rate and the two related budget ordinances are an integral part of fulfilling these requirements. The City Council set a tentative millage rate of 5.9550 mills on July 15, 2021, which is the rate that appeared on the TRIM notices mailed to taxpayers in August. The millage rate of 5.9550 mills represents a 4.60% increase from the rolled back rate of 5.6932 mills. Ordinance 9497-21 is presented in order to adopt the millage rate of 5.9550 mills to support the operating and capital improvement budgets for the 2021/2022 fiscal year. Page 1 City of Clearwater Printed on 9/14/2021 Ordinance No. 9497-21 MILLAGE ORDINANCE ORDINANCE NO. 9497-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2021, AND ENDING SEPTEMBER 30, 2022, FOR OPERATING PURPOSES INCLUDING THE FUNDING OF PENSIONS, DEBT SERVICE, AND ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT EXPENDITURES AT 5.9550 MILLS; PROVIDING AN EFFECTIVE DATE. THE LEVY OF 5.9550 MILLS CONSTITUTES A 4.60% INCREASE FROM THE ROLLED BACK RATE OF 5.6932 MILLS. WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning October 1, 2021, and ending September 30, 2022, from ad valorem taxes is $76,282,680; and WHEREAS, based upon the taxable value provided by the Pinellas County Property Appraiser, 5.9550 mills are necessary to generate $76,282,680; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby determined that a tax of 5.9550 mills against the non-exempt real and personal property within the City is necessary to raise the sums to be appropriated for operation purposes, including pensions, debt service, and road capital improvement projects, for the fiscal year beginning October 1, 2021. Section 2. The levy of 5.9550 mills constitutes a 4.60% increase from the rolled back rate. Section 3. This ordinance shall take effect October 1, 2021. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ________________________________ Frank Hibbard Mayor Approved as to form: Attest: _____________________________ _________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk |1CITY OF CLEARWATER ANNUAL OPERATING & CAPITAL IMPROVEMENT BUDGET myclearwater.com Fiscal Year 2021/22 |2CITY OF CLEARWATER Total Budget (All City Operations) Amended FY 2020/21 Proposed FY 2021/22 % Inc/(Dec) $579,749,748 $615,028,695 6% |3CITY OF CLEARWATER All Funds Fund Amended FY 2020/21 Proposed FY 2021/22 Increase/ (Decrease) General Fund $ 153,824,638 $ 164,818,400 7% Utility Funds 189,956,770 211,515,440 11% Enterprise Funds 12,803,163 13,820,010 8% Internal Service Funds 64,391,470 71,052,750 10% Special Revenue Funds 25,271,720 19,183,015 (24%) Capital Fund 133,501,987 134,639,080 1% |4CITY OF CLEARWATER $0 $3 $6 $9 $12 $15 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 $7.6 $7.5 $8.2 $9.4 $11.2 $12.7 $13.3 Taxable Property Values Billion |5CITY OF CLEARWATER Millage Rate •A “mill” is the property tax levy of $1 per $1,000 of taxable property value •Current Millage Rate 5.9550 mills •Proposed Millage Rate 5.9550 mills •(4.6% greater than rolled-back rate) •The rolled-back rate is the millage rate that will provide the same revenues as prior year if applied to the current tax roll (after adjusting for new construction) •Rolled-back Rate 5.6932 mills |6CITY OF CLEARWATER $0 $10 $20 $30 $40 $50 $60 $70 $80 $37.7 $38.4 $43.2 $50.4 $68.1 $71.9 $76.2 Ad Valorem Tax Revenues Million |7CITY OF CLEARWATER General Fund –Revenues Ad Valorem 44% Intergovernmental 15%Utility Taxes 10% Franchise and Other Tax 10% Charges for Service 9.5% Transfers In 7% Other/Misc.4.5% $164.8 Million |8CITY OF CLEARWATER General Fund –Expenditures By Department Police 30.5% Fire / EMS 19% Parks & Recreation 23%Library 5% Planning & Development 4% Engineering 5% Non-Departmental 5.5% Admin/Other 8% Public Safety 49.5% $164.8 Million |9CITY OF CLEARWATER General Fund -By Category Personnel 63% Operating 15.5% Internal Service 11% Interfund Transfers 9.5% Debt and Capital 1% $164.8 Million |10CITY OF CLEARWATER 1,681.5 1,695.7 1,745.0 1,832.6 1,836.6 1,847.0 0.0 200.0 400.0 600.0 800.0 1,000.0 1,200.0 1,400.0 1,600.0 1,800.0 2,000.0 Full Time Equivalent Positions (All Funds) |11CITY OF CLEARWATER Capital Improvement Fund Utility Operations 75%General Government 17% Internal Service 6% Small Enterprise 2% $134.6 Million |12CITY OF CLEARWATER Homesteaded Property Save Our Homes Cap –1.4% 2020 2021 Increase Taxable Value $100,000 $101,400 $1,400 City Taxes $595.50 $603.84 $8.34 |13CITY OF CLEARWATER Where your property taxes go - 31% 31% 29% 9%School Board Pinellas County Clearwater Other Agencies |14CITY OF CLEARWATER Public Hearings Thursday, September 16 –6:00 p.m. Thursday, September 30 –5:15 p.m. |15CITY OF CLEARWATER ANNUAL OPERATING & CAPITAL IMPROVEMENT BUDGET myclearwater.com Fiscal Year 2021/22 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9498-21 Agenda Date: 9/16/2021 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Office of Management & Budget Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the City of Clearwater Annual Operating Budget for the 2021/2022 fiscal year and pass Ordinance 9498-21 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt the budget. The adoption of this ordinance and the related ordinances adopting the 2021/22 millage rate and the Capital Improvement Budget are an integral part of fulfilling these requirements. On June 30, 2021, the City Manager provided the City Council with a Preliminary Annual Operating and Capital Improvement Budget that outlined estimates of revenues and expenditures for the 2021/2022 fiscal year. The City Manager presented the preliminary budget at the City Council meeting on July 15, 2021, for Council discussion and citizen input. In addition, a Special Budget Work Session was held on August 3, 2021, for Council discussion of the proposed budget. The following changes have been made to the preliminary operating budget and are included in the ordinances for adoption of the fiscal year 2021/2022 operating budget: ·Updates made in Miscellaneous and Transfer In revenues (net zero) to account for revenues in the correct categories. ·The Non-Departmental budget is being reduced by $1,300,835, transferring this amount to the Police Department to account for the FOP and FOP Supervisors contracts which were approved on September 2, 2021. ·In the Parking Fund, a correction is made to account for vehicle purchases originally budgeted in the wrong cost center. Page 1 City of Clearwater Printed on 9/14/2021 Ordinance No. 9498-21 OPERATING BUDGET ORDINANCE ORDINANCE NO. 9498-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING AN OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2021, AND ENDING SEPTEMBER 30, 2022; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE SERVICE PROGRAMS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONIES AND PROGRAMS AMONG THE DEPARTMENTS AND ACTIVITIES WITHIN ANY FUND AS PROVIDED BY CHAPTER 2 OF THE CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted an estimate of the expenditures necessary to carry on the City government for the fiscal year beginning October 1, 2021, and ending September 30, 2022; and WHEREAS, an estimate of the revenues to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the operating budget, and notice of the times and places where copies of the budget message and operating budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in City Hall on September 16, 2021, upon said budget and tax levy; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Pursuant to the City Manager's Annual Budget Report for the fiscal year beginning October 1, 2021, and ending September 30, 2022, a copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the operation of the City, a copy of which is attached as Exhibit A, and a summary of which is attached as Exhibit B. Ordinance No. 9498-21 Section 2. The budget as adopted shall stand and be the budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 3. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the service programs authorized by the adoption of this budget. Section 4. The City Manager is authorized for reasons of economy or efficiency to transfer part or all of any unencumbered appropriation balance among programs within an operating fund, provided such action does not result in the discontinuance of a program. Section 5. It is the intent of the City Council that this budget, including amendments thereto, is adopted to permit the legal appropriation and encumbering of funds for the purposes set forth in the budget. All appropriated and encumbered but unexpended funds at the end of the fiscal year may be expended during the subsequent fiscal year for the purposes for which they were appropriated and encumbered, and such expenditures shall be deemed to have been spent out of the current budget allocation. It shall not be necessary to reappropriate additional funds in the budget for the subsequent fiscal year to cover valid open encumbrances outstanding as of the end of the current fiscal year. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2021. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ______________________________ ________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Page 1 Special Special Other Housing Total General Development Program Assistance Trust Governmental GOVERNMENTAL FUNDS Fund Fund Fund Funds Funds Balances Brought Forward 33,771,455 9,572,356 25,683,749 394,007 69,421,567 Budgeted Revenues Ad Valorem Taxes 72,648,340 3,634,340 76,282,680 Utility Taxes 17,270,000 17,270,000 Local Option, Fuel & Other Taxes 6,080,000 14,049,480 20,129,480 Franchise Fees 10,527,550 10,527,550 Other Permits and Fees 2,808,500 2,808,500 Intergovernmental Revenue 24,259,680 922,626 1,231,489 26,413,795 Charges for Services 15,799,810 150,000 15,949,810 Judgments, Fines and Forfeits 1,429,000 1,429,000 Miscellaneous Revenues 2,719,226 300,000 75,000 3,094,226 Transfers In 11,276,294 577,110 11,853,404 Other Financing Sources TOTAL BUDGETED REVENUES 164,818,400 18,133,820 1,574,736 1,231,489 185,758,445 TOTAL REVENUES, TRANSFERS, AND BALANCES 198,589,855 27,706,176 27,258,485 1,625,496 255,180,012 Budgeted Expenditures City Council 419,450 419,450 City Manager's Office 1,485,330 1,485,330 City Attorney's Office 1,826,656 1,826,656 City Audit 233,752 233,752 City Clerk 1,307,108 1,307,108 CRA Administration 504,274 504,274 Economic Development and Housing 1,992,482 1,992,482 Engineering 8,492,000 8,492,000 Finance 2,800,130 2,800,130 Fire 30,788,310 30,788,310 Human Resources 1,662,773 1,662,773 Library 8,416,337 8,416,337 Non-Departmental 8,854,656 8,854,656 Parks and Recreation 37,205,403 37,205,403 Planning and Development 7,057,846 7,057,846 Police 50,099,334 105,000 50,204,334 Public Communications 1,274,489 1,274,489 Public Utilities 398,070 398,070 General Government Services 312,380 312,380 Economic Environment 820,831 1,108,344 1,929,175 Human Services 1,500 1,500 Culture and Recreation 70,000 70,000 Transfers Out 16,451,790 190,025 123,145 16,764,960 TOTAL BUDGETED EXPENDITURES 164,818,400 16,451,790 1,499,736 1,231,489 184,001,415 Fund Balances/Reserves/Net Assets 33,771,455 11,254,386 25,758,749 394,007 71,178,597 TOTAL EXPENDITURES AND BALANCES 198,589,855 27,706,176 27,258,485 1,625,496 255,180,012 EXHIBIT A CITY OF CLEARWATER 2021-22 BUDGET Ordinance No. 9498-21 Page 2 Water Stormwater Solid Waste Total & Sewer Utility & Recycling Gas Utility UTILITY FUNDS Fund Fund Fund Fund Funds Balances Brought Forward 93,783,823 36,866,660 18,313,724 8,989,865 157,954,072 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees 1,280 1,280 Intergovernmental Revenue Charges for Services 97,290,030 17,019,900 28,525,000 48,761,009 191,595,939 Judgments, Fines and Forfeits 271,000 73,000 103,000 100,000 547,000 Miscellaneous Revenues 1,010,000 281,560 737,000 374,691 2,403,251 Transfers In Other Financing Sources TOTAL BUDGETED REVENUES 98,571,030 17,374,460 29,366,280 49,235,700 194,547,470 TOTAL REVENUES, TRANSFERS, AND BALANCES 192,354,853 54,241,120 47,680,004 58,225,565 352,501,542 Budgeted Expenditures Water & Sewer Fund Public Utilities Administration 2,036,598 2,036,598 Wastewater Collection 15,789,628 15,789,628 Public Utilities Maintenance 8,503,140 8,503,140 WPC Plant Operations 29,942,959 29,942,959 WPC Laboratory Operations 546,103 546,103 WPC Industrial Pretreatment 1,048,590 1,048,590 Water Distribution 25,566,884 25,566,884 Water Supply 22,115,654 22,115,654 Reclaimed Water 4,702,154 4,702,154 Stormwater Fund Stormwater Management 18,331,501 18,331,501 Stormwater Maintenance 5,711,139 5,711,139 Solid Waste & Recycling Fund Administration 1,050,904 1,050,904 Solid Waste Collection 18,875,621 18,875,621 Solid Waste Transfer 2,368,009 2,368,009 Solid Waste Container Maintenance 993,536 993,536 Recycling Residential 1,577,182 1,577,182 Recycling Multi Family 435,068 435,068 Recycling Commercial 2,743,800 2,743,800 Gas Fund Administration and Supply 22,686,839 22,686,839 Pinellas Gas Operations 12,320,097 12,320,097 Pasco Gas Operations 7,514,340 7,514,340 Gas Marketing and Sales 6,655,694 6,655,694 TOTAL BUDGETED EXPENDITURES 110,251,710 24,042,640 28,044,120 49,176,970 211,515,440 Fund Balances/Reserves/Net Assets 82,103,143 30,198,480 19,635,884 9,048,595 140,986,102 TOTAL EXPENDITURES AND BALANCES 192,354,853 54,241,120 47,680,004 58,225,565 352,501,542 EXHIBIT A CITY OF CLEARWATER 2021-22 BUDGET Ordinance No. 9498-21 Page 3 Clearwater Total Harbor Other Airpark Marine Marine Parking Enterprise OTHER ENTERPRISE FUNDS Fund Fund Fund Fund Funds Balances Brought Forward 891,917 2,891,775 2,084,016 18,045,610 23,913,318 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees Intergovernmental Revenue Charges for Services 18,000 5,211,800 900,630 8,600,430 14,730,860 Judgments, Fines and Forfeits 3,200 1,600 818,650 823,450 Miscellaneous Revenues 332,000 136,000 26,500 125,000 619,500 Transfers In Other Financing Sources TOTAL BUDGETED REVENUES 350,000 5,351,000 928,730 9,544,080 16,173,810 TOTAL REVENUES, TRANSFERS, AND BALANCES 1,241,917 8,242,775 3,012,746 27,589,690 40,087,128 Budgeted Expenditures Airpark Fund Airpark Operations 333,690 333,690 Marine Fund Marina Operations 5,723,810 5,723,810 Clearwater Harbor Marine Fund Clearwater Harbor Marina Operations 909,680 909,680 Parking Fund Parking System 4,671,650 4,671,650 Parking Enforcement 980,857 980,857 Beach Guard Operations 1,059,660 1,059,660 Seminole Street Boat Ramp 140,663 140,663 TOTAL BUDGETED EXPENDITURES 333,690 5,723,810 909,680 6,852,830 13,820,010 Fund Balances/Reserves/Net Assets 908,227 2,518,965 2,103,066 20,736,860 26,267,118 TOTAL EXPENDITURES AND BALANCES 1,241,917 8,242,775 3,012,746 27,589,690 40,087,128 EXHIBIT A CITY OF CLEARWATER 2021-22 BUDGET Ordinance No. 9498-21 Page 4 Administrative General Central Service Service Garage Insurance INTERNAL SERVICE FUNDS Fund Fund Fund Fund Total Balances Brought Forward 7,280,698 9,806,595 7,035,220 27,068,321 51,190,834 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees Intergovernmental Revenue Charges for Services 14,179,530 6,046,260 16,698,060 29,719,086 66,642,936 Judgments, Fines and Forfeits Miscellaneous Revenues 75,000 100,000 925,000 300,000 1,400,000 Transfers In Other Financing Sources TOTAL BUDGETED REVENUES 14,254,530 6,146,260 17,623,060 30,019,086 68,042,936 TOTAL REVENUES, TRANSFERS, AND BALANCES 21,535,228 15,952,855 24,658,280 57,087,407 119,233,770 Budgeted Expenditures Administrative Services FundInformation Technology/Administration 475,548 475,548 Network Services 5,243,321 5,243,321 Software Applications 3,401,594 3,401,594 Telecommunications 1,807,617 1,807,617 Courier 190,860 190,860 Utility Customer Service 3,906,840 3,906,840 General Services Fund Administration 468,795 468,795 Building and Maintenance 5,677,465 5,677,465 Garage Fund Fleet Maintenance 16,631,707 16,631,707 Radio Communications 963,473 963,473 Central Insurance Fund Risk Management 417,216 417,216 Employee Benefits 439,346 439,346 Employee Health Center 1,721,400 1,721,400 Non-Departmental 29,707,568 29,707,568 TOTAL BUDGETED EXPENDITURES 15,025,780 6,146,260 17,595,180 32,285,530 71,052,750 Fund Balances/Reserves/Net Assets 6,509,448 9,806,595 7,063,100 24,801,877 48,181,020 TOTAL EXPENDITURES AND BALANCES 21,535,228 15,952,855 24,658,280 57,087,407 119,233,770 EXHIBIT ACITY OF CLEARWATER 2021-22 BUDGET Ordinance No. 9498-21 Page 1 Total Total Total Total Other Internal Total Governmental Utility Enterprise Service AllALL FUNDS Funds Funds Funds Funds Funds Balances Brought Forward 69,421,567 157,954,072 23,913,318 51,190,834 302,479,791 Budgeted Revenues Ad Valorem Taxes 76,282,680 76,282,680 Utility Taxes 17,270,000 17,270,000 Local Option, Fuel & Other Taxes 20,129,480 20,129,480 Franchise Fees 10,527,550 10,527,550 Other Permits and Fees 2,808,500 1,280 2,809,780 Intergovernmental Revenue 26,413,795 26,413,795 Charges for Services 15,949,810 191,595,939 14,730,860 66,642,936 288,919,545 Judgments, Fines and Forfeits 1,429,000 547,000 823,450 2,799,450 Miscellaneous Revenues 3,094,226 2,403,251 619,500 1,400,000 7,516,977 Transfers In 11,853,404 11,853,404 Other Financing Sources TOTAL BUDGETED REVENUES 185,758,445 194,547,470 16,173,810 68,042,936 464,522,661 TOTAL REVENUES, TRANSFERS, AND BALANCES 255,180,012 352,501,542 40,087,128 119,233,770 767,002,452 Budgeted Expenditures City Council 419,450 419,450 City Manager's Office 1,485,330 1,485,330 City Attorney's Office 1,826,656 1,826,656 City Audit 233,752 233,752 Official Records and Legislative Services 1,307,108 1,307,108 CRA Administration 504,274 504,274 Economic Development and Housing 1,992,482 1,992,482Engineering8,492,000 8,492,000 Finance 2,800,130 2,800,130 Fire 30,788,310 30,788,310 Human Resources 1,662,773 1,662,773 Library 8,416,337 8,416,337Non-Departmental 8,854,656 8,854,656 Parks and Recreation 37,205,403 37,205,403 Planning and Development 7,057,846 7,057,846 Police 50,204,334 50,204,334 Public Communications 1,274,489 1,274,489 Public Services 398,070 398,070 General Government Services 312,380 312,380 Economic Environment 1,929,175 1,929,175 Human Services 1,500 1,500 Culture and Recreation 70,000 70,000 Transfers Out 16,764,960 16,764,960 Water & Sewer Fund Expenditures Public Utilities Administration 2,036,598 2,036,598 Wastewater Collection 15,789,628 15,789,628 Public Utilities Maintenance 8,503,140 8,503,140 WPC Plant Operations 29,942,959 29,942,959 WPC Laboratory Operations 546,103 546,103 WPC Industrial Pretreatment 1,048,590 1,048,590 Water Distribution 25,566,884 25,566,884 Water Supply 22,115,654 22,115,654 Reclaimed Water 4,702,154 4,702,154 Stormwater Fund Stormwater Management 18,331,501 18,331,501 Stormwater Maintenance 5,711,139 5,711,139 EXHIBIT B CITY OF CLEARWATER 2021-22 BUDGET Ordinance No. 9498-21 Page 2 Total Total Total Total Other Internal Total Governmental Utility Enterprise Service AllALL FUNDS Funds Funds Funds Funds Funds Budgeted Expenditures Solid Waste & Recycling Fund Administration 1,050,904 1,050,904 Solid Waste Collection 18,875,621 18,875,621 Solid Waste Transfer 2,368,009 2,368,009 Solid Waste Container Maintenance 993,536 993,536 Recycling Residential 1,577,182 1,577,182 Recycling Multi Family 435,068 435,068 Recycling Commercial 2,743,800 2,743,800 Gas Fund Administration and Supply 22,686,839 22,686,839 Pinellas Gas Operations 12,320,097 12,320,097 Pasco Gas Operations 7,514,340 7,514,340 Gas Marketing and Sales 6,655,694 6,655,694 Airpark Fund Airpark Operations 333,690 333,690 Marine Fund Marina Operations 5,723,810 5,723,810 Clearwater Harbor Marine Fund Clearwater Harbor Marina Operations 909,680 909,680 Parking Fund Parking System 4,671,650 4,671,650 Parking Enforcement 980,857 980,857 Beach Guard Operations 1,059,660 1,059,660 Seminole Street Boat Ramp 140,663 140,663 Administrative Services Fund Information Technology/Administration 475,548 475,548 Network Services 5,243,321 5,243,321 Software Applications 3,401,594 3,401,594 Telecommunications 1,807,617 1,807,617 Courier 190,860 190,860 Clearwater Customer Service 3,906,840 3,906,840 General Services Fund Administration 468,795 468,795 Building and Maintenance 5,677,465 5,677,465 Garage Fund Fleet Maintenance 16,631,707 16,631,707Radio Communications 963,473 963,473 Central Insurance Fund Risk Management 417,216 417,216 Employee Benefits 439,346 439,346 Employee Health Center 1,721,400 1,721,400 Non-Departmental 29,707,568 29,707,568 TOTAL BUDGETED EXPENDITURES 184,001,415 211,515,440 13,820,010 71,052,750 480,389,615 Fund Balances/Reserves/Net Assets 71,178,597 140,986,102 26,267,118 48,181,020 286,612,837 TOTAL EXPENDITURES AND BALANCES 255,180,012 352,501,542 40,087,128 119,233,770 767,002,452 2021-22 BUDGET EXHIBIT B CITY OF CLEARWATER Ordinance No. 9498-21 Proposed Final FY 21/22 Adjustments FY 21/22 Unassigned Fund Balance 33,771,455 33,771,455 Budgeted Revenues: Ad Valorem Taxes 72,648,340 72,648,340 Utility Taxes 17,270,000 17,270,000 Local Option, Fuel & Other Taxes 6,080,000 6,080,000 Franchise Fees 10,527,550 10,527,550 Other Permits and Fees 2,808,500 2,808,500 Intergovernmental Revenues 24,259,680 24,259,680 Charges for Services 15,799,810 15,799,810 Judgments, Fines & Forfeits 1,429,000 1,429,000 Miscellaneous Revenues 2,719,500 (274) 2,719,226 (1) Transfers In 11,276,020 274 11,276,294 (1) Total Budgeted Revenues 164,818,400 - 164,818,400 Transfer (to) from Surplus - Total Revenues 164,818,400 - 164,818,400 Budgeted Expenditures: City Council 419,450 419,450 City Manager's Office 1,485,330 1,485,330 City Attorney's Office 1,826,656 1,826,656 City Audit 233,752 233,752 City Clerk 1,307,108 1,307,108 CRA Administration 504,274 504,274 Economic Development & Housing 1,992,482 1,992,482 Engineering 8,492,000 8,492,000 Finance 2,800,130 2,800,130 Fire 30,788,310 30,788,310 Human Resources 1,662,773 1,662,773 Library 8,416,337 8,416,337 Non-Departmental 10,155,491 (1,300,835) 8,854,656 (2) Parks & Recreation 37,205,403 37,205,403 Planning & Development 7,057,846 7,057,846 Police 48,798,499 1,300,835 50,099,334 (2) Public Communications 1,274,489 1,274,489 Public Utilities - Maintenance Facility 398,070 398,070 Total Budgeted Expenditures 164,818,400 - 164,818,400 Source/(Use) of Fund Equity - - - Ending Fund Balance 33,771,455 - 33,771,455 (1) Adjust revenues to account for final transfers from CRA interlocal agreements. (2) Updates made to account for the FOP and FOP Supervisors contracts approved on September 2, 2021. As amended for final budget ordinance - September 16, 2021 public hearing General Fund Operating Budget 2021/22 Page 1 Proposed Final FY 21/22 Adjustments FY 21/22 Fund Equity (Unrestricted Net Assets)18,045,610 18,045,610 Budgeted Revenues: Charges for Service 8,600,430 8,600,430 Judgments, Fines & Forfeits 818,650 818,650 Miscellaneous Revenues 125,000 125,000 Transfers In - - Total Budgeted Revenues 9,544,080 - 9,544,080 Fund Reserves - - - Total Revenues 9,544,080 - 9,544,080 Budgeted Expenditures: Engineering/Parking System 4,736,650 (65,000) 4,671,650 (1) Engineering/Parking Enforcement 915,857 65,000 980,857 (1) Fire Department/Beach Guard Operations 1,059,660 1,059,660 Marine & Aviation/Seminole Street Boat Ramp 140,663 140,663 Total Budgeted Expenditures 6,852,830 - 6,852,830 Source/(Use) of Fund Equity 2,691,250 - 2,691,250 Ending Fund Balance 20,736,860 - 20,736,860 Parking Fund Operating Budget 2021/22 As amended for final budget ordinance - September 16, 2021 public hearing (1) Update to adjust the budget for vehicle purchases originally entered in wrong cost center. Page 2 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9499-21 Agenda Date: 9/16/2021 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Office of Management & Budget Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve the fiscal year 2021/2022 Annual Capital Improvement Budget, establish a six-year plan for the Capital Improvement Program (CIP), and pass Ordinance 9499-21 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearing to adopt the final budget. The adoption of this ordinance and the related ordinances adopting the 2021/22 millage rate and operating budget are an integral part of fulfilling these requirements. On June 30, 2021, the City Manager provided the City Council with a Preliminary Annual Operating and Capital Improvement Budget that outlined estimates of revenues and expenditures for the 2021/22 fiscal year. The City Manager presented the preliminary budget at the City Council meeting on July 15, 2021, for Council discussion and citizen input. In addition, a Special Budget Work Session was held on August 3, 2021 for Council discussion of the proposed budget. No changes have been made to the Preliminary Capital Improvement Budget. Page 1 City of Clearwater Printed on 9/14/2021 Ordinance No. 9499-21 CAPITAL IMPROVEMENT ORDINANCE ORDINANCE NO. 9499-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2021, AND ENDING SEPTEMBER 30, 2022; APPROVING THE SIX-YEAR CAPITAL IMPROVEMENT PROGRAM WHICH SHALL BE REEVALUATED AT THE BEGINNING OF EACH FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE CAPITAL IMPROVEMENTS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONEY BETWEEN PROJECTS IN THE CAPITAL IMPROVEMENT PROGRAM; APPROPRIATING AVAILABLE AND ANTICIPATED RESOURCES FOR THE PROJECTS IDENTIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted a proposed Six-Year Capital Improvement Program, and has submitted an estimate of the amount of money necessary to carry on said Capital Improvement Program for the fiscal year beginning October 1, 2021, and ending September 30, 2022; and WHEREAS, an estimate of the resources available and income to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the Capital Improvement Budget, and notice of the times and places when copies of the budget message and capital budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in the City Hall upon said proposed budget on September 16, 2021; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Pursuant to the Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2021, and ending September 30, 2022, a copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the Ordinance No. 9499-21 capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. The Six-Year Capital Improvement Program and Budget, a summary of which is attached hereto, marked Exhibit B, is approved in its present form, but prior to the beginning of each fiscal year the City Council shall reevaluate priorities, hold public hearings and formally adopt additions or corrections thereto. Section 3. The budget as adopted shall stand and be the Capital Improvement Program Budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 4. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the capital improvements authorized by the adoption of this budget. Section 5. The City Manager is authorized to transfer appropriations within the capital budget, provided such transfer does not result in changing the scope of any project or the fund source included in the adopted capital budget. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2021. PASSED ON FIRST READING AS AMENDED _____________________ PASSED ON SECOND READING _____________________ AND ADOPTED ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: _____________________________ ________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Budgeted RevenuesGENERAL SOURCES:2021/22 General Operating Revenue 12,210,030 Penny for Pinellas 5,350,300 Road Millage 3,634,340 Local Option Fuel Tax 1,327,150 Grants 385,000 County Fire Reimbursements 290,000 Multi-Modal Impact Fees 140,000 Donations 50,000 SELF SUPPORTING FUNDS: Parking Revenue 819,000 Marine Revenue 1,190,000 Clearwater Harbor Marina Fund 150,000 Airpark Revenue 25,000 Utility System: Water Revenue 15,696,000 Sewer Revenue 19,685,350 Utility R & R 11,964,700 Water Impact Fees 160,000 Sewer Impact Fees 50,000 Stormwater Utility Revenue 6,500,630 Gas Revenue 10,900,000 Solid Waste Revenue 775,000 Recycling Revenue 1,240,000 INTERNAL SERVICE FUNDS: Garage Revenue 365,700 Administrative Services Revenue 1,820,000 General Services Fund 100,000 Central Insurance Fund 28,280 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 106,000 BORROWING - SELF SUPPORTING FUNDS: Bond Financing - Water & Sewer Fund 32,961,600 Lease Purchase - Water & Sewer Fund 428,000 Lease Purchase - Solid Waste/Recycling 185,000 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 5,702,000 Lease Purchase - Administrative Services 400,000 TOTAL ALL FUNDING SOURCES:$134,639,080 CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2021/22 Exhibit A Ordinance No. 9499-21 Budgeted Expenditures FUNCTION:2021/22 Police Protection 1,905,500 Fire Protection 1,005,000 Fire Rescue Services 458,280 Road and Street Facilities 11,090,300 Flood Protection/Stormwater Management 2,955,170 Parking Facilities 734,000 Other General Government 12,008,000 Special Recreation Facilities 7,258,030 Other Physical Environment 1,920,000 Airports 25,000 Other Transportation 51,500 Libraries 110,000 Gas Utility Services 10,900,000 Parks & Recreation 2,286,000 Cultural Services 95,000 Solid Waste Services 2,200,000 Water Transportation Systems 150,000 Water-Sewer Services 79,487,300 TOTAL PROJECT EXPENDITURES $134,639,080 Exhibit A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2021/22 Ordinance No. 9499-21 Function 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 Total Police Protection 1,905,500 1,204,000 1,241,750 1,241,750 330,730 330,730 6,254,460 Fire Protection 1,005,000 995,000 1,036,160 1,871,310 1,107,760 1,930,280 7,945,510 Fire Rescue Services 458,280 396,880 425,640 155,900 160,080 519,450 2,116,230 Road and Street Facilities 11,090,300 11,196,440 6,369,840 14,817,630 12,043,650 5,395,380 60,913,240 Flood Protection/Stormwater Mgmt 2,955,170 4,958,010 4,977,070 5,037,490 5,508,760 8,402,770 31,839,270 Parking Facilities 734,000 679,000 10,909,000 11,024,000 924,000 1,004,000 25,274,000 Other General Government 12,008,000 9,902,340 9,401,950 15,277,050 9,103,160 9,325,810 65,018,310 Special Recreation Facilities 7,258,030 16,003,030 13,963,030 2,710,000 2,560,000 10,300,000 52,794,090 Other Physical Environment 1,920,000 770,000 3,379,240 22,663,870 12,230,740 20,036,660 61,000,510 Airports 25,000 275,000 3,061,600 625,000 25,000 5,425,000 9,436,600 Other Transportation 51,500 41,500 41,500 41,500 41,500 76,500 294,000 Libraries 110,000 110,000 110,000 110,000 110,000 110,000 660,000 Gas Utility Services 10,900,000 9,850,000 8,550,000 7,600,000 7,600,000 7,350,000 51,850,000 Parks & Recreation 2,286,000 3,255,000 3,155,000 1,840,000 2,000,000 2,100,000 14,636,000 Cultural Services 95,000 40,000 40,000 40,000 40,000 40,000 295,000 Solid Waste Services 2,200,000 2,015,000 2,515,000 1,665,000 915,000 940,000 10,250,000 Water Transportation Systems 150,000 150,000 150,000 150,000 150,000 150,000 900,000 Water-Sewer Services 79,487,300 105,196,090 117,503,540 133,409,950 108,391,020 60,783,940 604,771,840 134,639,080 167,037,290 186,830,320 220,280,450 163,241,400 134,220,520 1,006,249,060 Exhibit B Schedule of Planned Expenditures CAPITAL IMPROVEMENT PROGRAM EXPENDITURE SUMMARY BY FUNCTION FY 2021-2022 THROUGH FY 2026-2027 CAPITAL IMPROVEMENT FUND CITY OF CLEARWATER Ordinance No. 9499-21 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9695 Agenda Date: 9/16/2021 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Office of Management & Budget Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Approve the recommended Penny for Pinellas project list, as revised for fiscal years 2021/2022 through 2029/2030. SUMMARY: On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance established the requirement for a special hearing prior to adoption of the capital improvement budget to discuss the use of Penny for Pinellas tax, and at any time in which there is any proposed change to the Penny for Pinellas project funding of $500,000 or more. Changes to Penny for Pinellas projects that meet this criterion in the proposed 2021/22 capital improvement budget and six-year plan include the following: ·Fire Engines/Ladder Truck Replacement - The funding for this project is being reduced by a total of $350,300 due to recognizing the allocation of Fire Tax revenues from the county for fire services provided in unincorporated areas of the Clearwater Fire District. This funding is being reallocated to the City Hall project in fiscal year 2021/2022 to provide funding to respond to location studies, site surveys and/or property valuations if opportunities are presented in advance of construction funding which is available in fiscal year 2024/25. ·Public Safety Vehicle/Equipment Facility - This project with total funding of $1,500,000 is being separated into two separate projects, Fire Vehicle/Equipment Facility and Police Vehicle/Equipment Facility, budgeted at $750,000 each. These new projects, funded in fiscal year 2021/2022, are created to provide for location specific storage of the Fire and Police department’s oversized vehicles. ·Aviation Operations Center - The funding for this project, which provides for construction of a new operation center at the Clearwater Airpark facility, is being postponed to fiscal year 2026/2027. ·Sand Key Bridge Replacement Fund - This project, with total funding of $22,000,000 planned for fiscal years 2026/2027 through 2029/2030, is being eliminated from the project list due to an updated replacement timeline now estimated for 2070. ·Waterfront/Bluff Masterplan (Imagine Clearwater) - This project is being increased by $22,000,000 to provide additional funding needed for construction of the Imagine Clearwater waterfront/bluff redevelopment plan. This funding will be available in fiscal years 2026/2027 through 2029/2030. Page 1 City of Clearwater Printed on 9/14/2021 CITY OF CLEARWATER NOTICE OF PUBLIC HEARING PENNY FOR PINELLAS PROJECTS CITY COUNCIL MEETING Thursday, September 16, 2021 6:00 p.m. A public hearing will be held by the City of Clearwater, in City Council Chambers, Clearwater Main Library, 100 North Osceola Avenue, Clearwater, Florida, regarding the Penny for Pinellas project list for fiscal years 2021/22 through 2029/30 totaling $118,130,000 to fund capital projects under the Penny for Pinellas plan. Significant changes to the plan include: Fire Engines/Ladder Truck Replacement – The funding for this project is being reduced by a total of $350,300 due to recognizing the allocation of Fire Tax revenues from the county for fire services provided in unincorporated areas of the Clearwater Fire District. This funding is being reallocated to the City Hall project in fiscal year 2021/22 to provide funding to respond to location studies, site surveys and/or property valuations if opportunities are presented in advance of construction funding which is available in fiscal year 2024/25. Public Safety Vehicle/Equipment Facility – This project with total funding of $1,500,000 is being separated into two separate projects, Fire Vehicle/Equipment Facility and Police Vehicle/Equipment Facility, budgeted at $750,000 each. These new projects, funded in fiscal year 2021/22, are created to provide for location specific storage of the Fire and Police department’s oversized vehicles. Aviation Operations Center – The funding for this project, which provides for construction of a new operation center at the Clearwater Airpark facility, is being postponed to fiscal year 2026/27. Sand Key Bridge Replacement Fund – This project, with total funding of $22,000,000 planned for fiscal years 2026/27 through 2029/30, is being eliminated from the project list due to an updated replacement timeline now estimated for 2070. Waterfront/Bluff Masterplan (Imagine Clearwater) – This project is being increased by $22,000,000 to provide additional funding needed for construction of the Imagine Clearwater waterfront/bluff redevelopment plan. This funding will be available in fiscal years 2026/27 through 2029/30. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Council, with respect to any matter considered at such hearing, will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Rosemarie Call, MMC City of Clearwater City Clerk P.O. Box 4748, Clearwater, FL 33758-4748 A copy of this ad in large print is available in Official Records and Legislative Services. Any person with a disability requiring reasonable accommodation in order to participate in this meeting should call (727) 562-4093 with their request. Penny for Pinellas Project Funding - Public Hearing September 16, 2021 Total Approved Proposed Amended Total Projects Changes Projects 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 Projected Beginning Balance:4,624,015 5,973,195 5,541,533 5,615,834 3,753,656 8,862,726 3,071,022 6,731,986 5,688,148 4,624,015 12,699,480 13,016,967 13,342,392 13,675,951 14,017,850 14,368,296 14,727,504 15,095,692 3,868,271 114,812,404 17,323,495 18,990,163 18,883,924 19,291,786 17,771,506 23,231,022 17,798,526 21,827,678 9,556,419 119,436,419 Penny IV Approved Projects: Utilities Infrastructure 16,000,000 16,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 16,000,000 Sports Fields & Facilities Upgrades/Improvements 7,000,000 7,000,000 1,000,000 1,500,000 500,000 600,000 600,000 700,000 700,000 700,000 700,000 7,000,000 648,630 668,090 688,130 708,780 766,540 789,530 Fire Engines/Ladder Trucks 4,620,000 (350,300) 4,269,700 720,000 720,000 750,000 780,000 810,000 840,000 4,269,700 Police Vehicles 1,650,000 1,650,000 100,000 150,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 1,650,000 Fire Vehicle/Equipment Facility - 750,000 750,000 750,000 750,000 Police Vehicle/Equipment Facility - 750,000 750,000 750,000 750,000 Public Safety Vehicle/Equipment Facility 1,500,000 (1,500,000) - 1,500,000 - Neighborhood and Community Parks Renovations 3,500,000 3,500,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 350,000 350,000 3,500,000 Bicycle Paths & Recreation Trails 2,500,000 2,500,000 1,250,000 1,250,000 2,500,000 Aviation Operations Center 760,000 760,000 760,000 760,000 760,000 Environmental Park Upgrades 1,500,000 1,500,000 750,000 750,000 1,500,000 Beach Marina Upgrades 15,000,000 15,000,000 7,500,000 7,500,000 15,000,000 Public Works Complex 12,300,000 12,300,000 4,600,000 2,600,000 5,100,000 12,300,000 City Hall 6,300,000 350,300 6,650,300 350,300 6,300,000 6,650,300 Sand Key Bridge Replacement Fund 22,000,000 (22,000,000) - 1,000,000 7,000,000 7,000,000 7,000,000 - Total Proposed Penny Projects 94,630,000 72,630,000 Penny IV Interfund Loan Repayment Schedule Police District III 11,000,000 11,000,000 6,000,000 5,000,000 11,000,000 7,500,000 Waterfront/Bluff Masterplan (Imagine Clearwater)6,500,000 22,000,000 28,500,000 6,500,000 7,000,000 7,000,000 7,000,000 28,500,000 Sports Fields & Facilities (BayCare/Carpenter)6,000,000 6,000,000 6,000,000 6,000,000 118,130,000 - 118,130,000 11,350,300 13,448,630 13,268,090 15,538,130 8,908,780 20,160,000 11,066,540 16,139,530 8,250,000 118,130,000 5,973,195 5,541,533 5,615,834 3,753,656 8,862,726 3,071,022 6,731,986 5,688,148 1,306,419 1,306,419 Replacement/Upgrade of Current Infrastructure 3,750,300 11,400,000 11,150,000 14,650,000 3,000,000 12,460,000 3,100,000 8,150,000 1,050,000 68,710,300 Public Safety Infrastructure/Equipment 7,600,000 798,630 868,090 888,130 5,908,780 200,000 966,540 989,530 200,000 18,419,700 New Infrastructure - 1,250,000 1,250,000 - - 7,500,000 7,000,000 7,000,000 7,000,000 31,000,000 Estimated Available Balance Fiscal Years 2021/22 - 2029/30 Estimated Penny IV Proceeds Estimated Revenue Planned Project Expenditures Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2021-06010 Agenda Date: 9/16/2021 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Planning & Development Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for certain residential real property with the legal description attached hereto as Exhibit A and pass Ordinances 9481-21, 9482-21, and 9483-21 on first reading. (ANX2021-06010) SUMMARY: This voluntary annexation petition involves a property with a protected address consisting of one parcel of land occupied by a single-family dwelling. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The Development Review Committee is proposing that the 0.94-acres of certain road right-of-way depicted in Exhibit “B” not currently within the city limits also be annexed. The property is contiguous to existing city boundaries to the east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property currently receives water service from Pinellas County. The closest sanitary sewer line is located within the abutting road right -of-way. The applicant has paid the required sewer impact and assessment fees in full and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 N. Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The property will continue to receive water service from Pinellas County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Page 1 City of Clearwater Printed on 9/14/2021 File Number: ANX2021-06010 Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries to the east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 9/14/2021 Ordinance No. 9481-21 ORDINANCE NO. 9481-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY DESCRIBED AS LOT 1, HILLCREST ESTATES FIRST ADDITION, CLEARWATER, FLORIDA, TOGETHER WITH CERTAIN LAKE FOREST ROAD RIGHT-OF-WAY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit “B” have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit “A” for legal descriptions; (ANX2021-06010) 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 Community Development Coordinator 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. 9481-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2021-06010 ========================================================================================= Lot 1, Hillcrest Estates First Addition, according to the Plat thereof as recorded in Plat Book 63, page(s) 48, of the Public Records of Pinellas County, Florida; less that part described as follows: Begin at the most Westerly corner of Lot 1, Hillcrest Estates First Addition, for a point of beginning; thence North 54° 08' 50" East, 108.90 feet; thence South 0° 10' 49" East, 63.85 feet; thence North 89° 57' 30" West, 88.47 feet to the point of beginning. Together with: All unincorporated Right-of-Way (670 LF, more or less) of Lake Forest Road Right-of-Way, South from the south Right-of-Way line of NE Coachman Road (SR 590). Exhibit B PROPOSED ANNEXATION Owner(s): Protected Owners Case: ANX2021-06010 Site: Protected Address Property Size(Acres): ROW (Acres): Land Use Zoning PIN: Protected From : Residential Low (RL) R-2 Single Family Residential Atlas Page: To: Residential Low (RL) Low Medium Density Residential (LMDR) 3 9 9 2 5 16840 13 14 15 121 1.71 24/03 399063 9 9 4 2 39924399256 7 8 9 12 13 1 2 3 4 5 6 7 8 19 20 21 1 2 3 4 5 6 7 8 9 10 11 24 1 2 3 16 17 18 19 484950 1A 2A 3A 4A 5A 6A 32/02 1.43 AC(C) AC(C) 1 1 LAKE FOREST RD N E C OA C H M A N R D VARSITY DR COLLEGE HILL DR FOREST GLEN RD 92 5 899 8 4 5 977 930 950 920 9 5 1 888 945 862 8 4 4 910 921 811 887 812 981765 808 911 764 766 874 810 808 832 809 2 3 0 9 2 2 5 1 2 3 5 1 2 3 1 4 229522922356764 765985809 764 905 952 9 9 5 765 945 863 935 955 896 920 2 3 3 0 2364-Not to Scale--Not a Survey-Rev. 6/14/2021 Ordinance No. 9482-21 ORDINANCE NO. 9482-21 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 DESCRIBED AS LOT 1, HILLCREST ESTATES FIRST ADDITION, CLEARWATER, FLORIDA, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for legal description; Residential Low (RL) (ANX2021-06010) 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. 9481-21. Ordinance No. 9482-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTION ANX2021-06010 ========================================================================================= Lot 1, Hillcrest Estates First Addition, according to the Plat thereof as recorded in Plat Book 63, page(s) 48, of the Public Records of Pinellas County, Florida; less that part described as follows: Begin at the most Westerly corner of Lot 1, Hillcrest Estates First Addition, for a point of beginning; thence North 54° 08' 50" East, 108.90 feet; thence South 0° 10' 49" East, 63.85 feet; thence North 89° 57' 30" West, 88.47 feet to the point of beginning. Exhibit B PROPOSED FUTURE LAND USE MAP Owner(s): Protected Owners Case: ANX2021-06010 Site: Protected Address Property Size(Acres): ROW (Acres): Land Use Zoning PIN: Protected From : Residential Low (RL) R-2 Single Family Residential Atlas Page: To: Residential Low (RL) Low Medium Density Residential (LMDR) 3 9 9 2 5 16840 13 14 15 121 1.71 24/03 399063 9 9 4 2 39924399256 7 8 9 12 13 1 2 3 4 5 6 7 8 19 20 21 1 2 3 4 5 6 7 8 9 10 11 24 1 2 3 16 17 18 19 484950 1A 2A 3A 4A 5A 6A 32/02 1.43 AC(C) AC(C) 1 1 I RL RE RU RURU RL RU RURU RE P P RE LAKE FOREST RD N E C OA C H M A N R D VARSITY DR COLLEGE HILL DR FOREST GLEN RD 92 5 899 8 4 5 977 930 950 920 9 5 1 888 945 862 8 4 4 910 811 887 812 981765 808 911 764 905 874 810 808 832 945 955 896 920 2 3 0 9 2 2 5 1 2 3 5 1 2 3 1 42292 2356764 765 921985 809 764 766 952 9 9 5 765 809 863 935 2 3 3 0 22952364-Not to Scale--Not a Survey-Rev. 6/14/2021 N Ordinance No. 9483-21 ORDINANCE NO. 9483-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS LOT 1, HILLCREST ESTATES FIRST ADDITION, CLEARWATER, FLORIDA, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9481-21. Property Zoning District See attached Exhibit “A” for legal description; Low Medium Density Residential (LMDR) (ANX2021-06010) Ordinance No. 9483-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTION ANX2021-06010 ========================================================================================= Lot 1, Hillcrest Estates First Addition, according to the Plat thereof as recorded in Plat Book 63, page(s) 48, of the Public Records of Pinellas County, Florida; less that part described as follows: Begin at the most Westerly corner of Lot 1, Hillcrest Estates First Addition, for a point of beginning; thence North 54° 08' 50" East, 108.90 feet; thence South 0° 10' 49" East, 63.85 feet; thence North 89° 57' 30" West, 88.47 feet to the point of beginning. Exhibit B PROPOSED ZONING MAP Owner(s): Protected Owners Case: ANX2021-06010 Site: Protected Property Size(Acres): ROW (Acres): Land Use Zoning PIN: Protected From : Residential Low (RL) R-2 Single Family Residential Atlas Page: To: Residential Low (RL) Low Density Residential (LMDR) 3 9 9 2 5 16840 13 14 15 121 1.71 24/03 399063 9 9 4 2 39924399256 7 8 9 12 13 1 2 3 4 5 6 7 8 19 20 21 1 2 3 4 5 6 7 8 9 10 11 24 1 2 3 16 17 18 19 484950 1A 2A 3A 4A 5A 6A 32/02 1.43 AC(C) AC(C) 1 1 LAKE FOREST RD N E C OA C H M A N R D VARSITY DR COLLEGE HILL DR FOREST GLEN RD LMDR I OS/R LMDR 92 5 899 8 4 5 977 950 920 9 5 1 888 945 862 8 4 4 910 921 811 887 981765 808 911 764 766 905 874 810 808 832 9 9 5 809 935 955 896 920 2 3 0 9 2 2 5 1 2 3 5 1 2 3 1 4 229522922356764 930 765 812 985809 764 952 765 945 863 2 3 3 0 2364-Not to Scale--Not a Survey-Rev. 6/17/2021 LOCATION MAP Owner(s): Protected Owners Case: ANX2021-06010 Site: Protected Address Property Size(Acres): ROW (Acres): Land Use Zoning PIN: Protected From : Residential Low (RL) R-2 Single Family Residential Atlas Page: To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST SHARKEY RD ANNA AVE DORA DR N E C OA C H M A N R D N OLD COACHMAN RDLAKE FOREST RD LORENA LN ELLA PL VARSITY DR COLLEGE HILL DR FOREST GLEN RD RUSKIN RD TERRACE DR EOBERLIN DR NORMAN DR TERRACE DR NACORN CT ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/10/2021 AERIAL PHOTOGRAPH Owner(s): Protected Owners Case: ANX2021-06010 Site: Protected Address Property Size(Acres): ROW (Acres): Land Use Zoning PIN: Protected From : Residential Low (RL) R-2 Single Family Residential Atlas Page: To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE FOREST RD LAKE FOREST RD N E C OA C H M A N R D N E C OA C H M A N R D VARSITY DR VARSITY DR COLLEGE HILL DR COLLEGE HILL DR FOREST GLEN RD FOREST GLEN RD -Not to Scale--Not a Survey-Rev. 6/10/2021 N EXISTING SURROUNDING USES MAP Owner(s): Protected Owners Case: ANX2021-06010 Site: Protected Address Property Size(Acres): ROW (Acres): Land Use Zoning PIN: Protected From : Residential Low (RL) R-2 Single Family Residential Atlas Page: To: Residential Low (RL) Low Medium Density Residential (LMDR) 3 9 9 2 5 16840 13 14 15 121 1.71 24/03 399063 9 9 4 2 39924399256 7 8 9 12 13 1 2 3 4 5 6 7 8 19 20 21 1 2 3 4 5 6 7 8 9 10 11 24 1 2 3 16 17 18 19 484950 1A 2A 3A 4A 5A 6A 32/02 1.43 AC(C) AC(C) 1 1 LAKE FOREST RD N E C OA C H M A N R D VARSITY DR COLLEGE HILL DR FOREST GLEN RD 92 5 899 8 4 5 977 930 950 920 9 5 1 888 945 862 8 4 4 910 921 811 887 812 981765 808 911 764 766 874 810 808 832 809 2 3 0 9 2 2 5 1 2 3 5 1 2 3 1 4 229522922356764 765985809 764 905 952 9 9 5 765 945 863 935 955 896 920 2 3 3 0 2364-Not to Scale--Not a Survey-Rev. 6/14/2021 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2021-07012 Agenda Date: 9/16/2021 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.6 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designations of US 19-Regional Center (US 19-RC) and Water, and initial Zoning Atlas designations of US 19 and Preservation (P) Districts for two unaddressed parcels located between 2975 Gulf to Bay Boulevard and Old Tampa Bay; and pass ordinances 9490-21, 9491-21, and 9492-21 on first reading. (ANX2021-07012) SUMMARY: This voluntary annexation petition involves a 2.49-acre property including 0.616 acres of uplands and 2.114 acres of submerged lands, more or less. The property is comprised of two parcels, and records show that a portion of the western parcel was previously annexed into the city of Clearwater. Both parcels are located approximately 835 feet south of Gulf to Bay Boulevard between 2975 Gulf to Bay Boulevard and Old Tampa Bay. The applicant owns 2975 Gulf to Bay Boulevard, abutting to the north, and is requesting this annexation so that these additional parcels are also fully in the City’s jurisdiction for future redevelopment of the entire site. The site is vacant and being used as a construction staging area for the property to the east that is currently under construction. The property is located within an enclave and is contiguous to existing city limits to the north, west and east. It is proposed that the property be assigned the Future Land Use Map designations of US 19-Regional Center (US 19-RC) and Water and Zoning Atlas designations of US 19 and Preservation (P). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The property currently does not have water or sewer service as the majority of the parcels are submerged land. The applicant is requesting annexation in order to develop attached dwellings primarily on the abutting parcel to the north and would include this parcel within any development application. Therefore, connection to urban infrastructure (i.e., city sewer and water) is not being requested at this time, but is anticipated in the future. The applicant is aware that the required sanitary sewer and water impact and assessment fees must be paid in full prior to connection and of any additional costs to extend to the City’s sanitary sewer and water lines. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with solid waste, police, fire and EMS service, as well as water and sanitary sewer when requested in the future. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and Page 1 City of Clearwater Printed on 9/14/2021 File Number: ANX2021-07012 ·The proposed annexation is consistent with and promotes the following objectives of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.5 Unincorporated property within the Clearwater Planning Area located within the US 19 Corridor redevelopment area shall be designated through an amendment to the Future Land Use Map with the appropriate future land use category upon annexation, consistent with the US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor future boundaries depicted on Map A-17. ·The proposed US 19-Regional Center (US 19-RC) and Water Future Land Use Map categories to be assigned to the property are consistent with the Countywide Plan designations. The US 19-Regional Center (US 19-RC) category primarily permits a mix of uses at a floor area ratio (FAR) of 2.5. The Water category is proposed to be applied to the submerged lands, utilizing the mean high water line to delineate the two categories. The proposed zoning districts to be assigned to the property are US 19 and Preservation (P). The proposed use of the subject property as part of a larger multi-family residential development is consistent with the uses allowed in the US 19 District. The proposed annexation is therefore consistent with the City’s Comprehensive Plan, the Countywide Plan Map and Community Development Code; and ·The property proposed for annexation is contiguous to existing city limits to the north, west and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 9/14/2021 Ordinance No. 9490-21 ORDINANCE NO. 9490-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN UNADDRESSED REAL PROPERTY LOCATED APPROXIMATELY 835 FEET SOUTH OF GULF TO BAY BOULEVARD BETWEEN 2975 GULF TO BAY BOULEVARD AND OLD TAMPA BAY IN CLEARWATER, FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “B” 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: See attached Exhibit “A” for legal description; (ANX2021-07012) 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 Community Development Coordinator 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. 9490-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk LEGAL DESCRIPTIONS ANX2021-07012 ========================================================================================= LEGAL DESCRIPTION: THAT PART OF: Lots 16 and 17, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book I, Page 13, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. and: The East 70 feet of Lot 15, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book 1. Page 13, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. and: The submerged land lying South [of] and contiguous to the East 70 feet of Lot 15, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book 1, Page 13, Public Records of Hillsborough County, Florida, described as follows: From the Northeast corner of said Lot 15, thence South 0 degrees 37'03" West along the East line of Lot 15, 375 feet to a point of the High Water Mark for Point of Beginning, said point being 833 feet plus or minus South, and 614 feet, plus or minus West of the East quarter corner of Section 17, Township 29 South, Range 16 East, thence continuing South 0 degrees 37'03" West 475 feet; thence South 89 degrees 46' 01" West 70 feet; thence North 0 degrees 37'03" East along a line parallel to the extension of the East line of Lot 15 to the mean High Water Mark; thence North Easterly along said mean High Water Mark to the Point of Beginning. and: The submerged land in Tampa Bay, immediately South of and adjacent to Lot 17, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book 1, Page 13, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, which may be more particularly described as follows: Commencing at the East Quarter corner of Section 17, Township 29 South, Range 16 East; thence South 37 Minutes 3 Seconds West, 458.44 feet along the East boundary of said Section 17; thence South 89 Degrees 46 Minutes 1 Seconds West, 194.7 feet to the Northeast corner of said Lot 17; thence South 37 Minutes 3 Seconds West 462 feet along the East boundary of said Lot 17, to the intersection with the High Water Mark of Tampa Bay, for a POINT OF BEGINNING; thence continuing South 37 Minutes 3 Seconds West 372 feet in line with the East boundary of said Lot 17 produced; thence North 89 Degrees 22 Minutes 57 Seconds West 209.22 feet; thence North 37 Minutes 3 Seconds East 433. 16 feet to the intersection with the aforesaid High Water Mark; thence South 74 Degrees 59 Seconds East, following the High Water Mark 217.8 feet, more or less, to the POINT OF BEGINNING. LYING OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF CLEARWATER, FLORIDA Exhibit "A" Exhibit "B" PROPOSED ANNEXATION Owner(s): DD Gulf to Bay LLC Case: ANX2021-07012 Site: 2975 Gulf to Bay Blvd (Submerged Lands) Property Size(Acres): ROW (Acres): 2.49 Land Use Zoning PIN: 17-29-16-00000-410-0200 17-29-16-12312-000-0020 From : Residential Low Medium (RLM) UZ Unzoned Atlas Page: 300B To: US 19 – Regional Center (US 19-RC), Water US 19, Preservation (P) A 789101112 (13) 49824 5389 3 A B C 1 2 3 4 2 3 32/02 4.78 32/ 32/04GOVT LOT 1SEE N16-29-16 FOR PARCELINFO60733531.32 11.16 1.48 5040 12312 234567 12 13 14 15 16 17 18 1 41/02 1.93 GOVT LOT 2GOVT LOT 360AC(C) AC(C) AC(C)AC(C) AC(C) AC(C) 1 1 1 GULF-TO-BAY BLVD THORNTON RD ROGERS ST ROGERS ST 7 0 0 7 0 2 5 2 02975 298929852981290929512940290028982950290529092963-Not to Scale--Not a Survey-Rev. 8/13/2021 Old Tampa Bay Ordinance No. 9491-21 ORDINANCE NO. 9491-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN UNADDRESSED REAL PROPERTY LOCATED APPROXIMATELY 835 FEET SOUTH OF GULF TO BAY BOULEVARD BETWEEN 2975 GULF TO BAY BOULEVARD AND OLD TAMPA BAY IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19 - REGIONAL CENTER (US 19-RC) AND WATER; 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 categories for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for legal description; US 19 – Regional Center (US 19- RC) and Water (ANX2021-07012) 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. 9490-21. Ordinance No. 9491-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk LEGAL DESCRIPTIONS ANX2021-07012 ========================================================================================= LEGAL DESCRIPTION: THAT PART OF: Lots 16 and 17, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book I, Page 13, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. and: The East 70 feet of Lot 15, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book 1. Page 13, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. and: The submerged land lying South [of] and contiguous to the East 70 feet of Lot 15, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book 1, Page 13, Public Records of Hillsborough County, Florida, described as follows: From the Northeast corner of said Lot 15, thence South 0 degrees 37'03" West along the East line of Lot 15, 375 feet to a point of the High Water Mark for Point of Beginning, said point being 833 feet plus or minus South, and 614 feet, plus or minus West of the East quarter corner of Section 17, Township 29 South, Range 16 East, thence continuing South 0 degrees 37'03" West 475 feet; thence South 89 degrees 46' 01" West 70 feet; thence North 0 degrees 37'03" East along a line parallel to the extension of the East line of Lot 15 to the mean High Water Mark; thence North Easterly along said mean High Water Mark to the Point of Beginning. and: The submerged land in Tampa Bay, immediately South of and adjacent to Lot 17, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book 1, Page 13, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, which may be more particularly described as follows: Commencing at the East Quarter corner of Section 17, Township 29 South, Range 16 East; thence South 37 Minutes 3 Seconds West, 458.44 feet along the East boundary of said Section 17; thence South 89 Degrees 46 Minutes 1 Seconds West, 194.7 feet to the Northeast corner of said Lot 17; thence South 37 Minutes 3 Seconds West 462 feet along the East boundary of said Lot 17, to the intersection with the High Water Mark of Tampa Bay, for a POINT OF BEGINNING; thence continuing South 37 Minutes 3 Seconds West 372 feet in line with the East boundary of said Lot 17 produced; thence North 89 Degrees 22 Minutes 57 Seconds West 209.22 feet; thence North 37 Minutes 3 Seconds East 433. 16 feet to the intersection with the aforesaid High Water Mark; thence South 74 Degrees 59 Seconds East, following the High Water Mark 217.8 feet, more or less, to the POINT OF BEGINNING. LYING OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF CLEARWATER, FLORIDA Exhibit "A" Exhibit "B" PROPOSED FUTURE LAND USE MAP Owner(s): DD Gulf to Bay LLC Case: ANX2021-07012 Site: 2975 Gulf to Bay Blvd (Submerged Lands) Property Size(Acres): ROW (Acres): 2.49 Land Use Zoning PIN: 17-29-16-00000-410-0200 17-29-16-12312-000-0020 From : Residential Low Medium (RLM) UZ Unzoned Atlas Page: 300B To: US 19 – Regional Center (US 19-RC), Water US 19, Preservation (P) A 789101112 (13) 49824 5389 3 A B C 1 2 3 4 2 3 32/02 4.78 32/0 32/04GOVT LOT 1SEE N16-29-16 FOR PARCELINFO 733531.32 11.16 1.48 12312 234567 12 13 14 15 16 17 18 1 41/02 1.93 GOVT LOT 3AC(C) AC(C) AC(C)AC(C) AC(C) AC(C) 1 1 1 I WATER I I I US 19-RC US 19-RC WATER US 19-RC US 19-RC US 19-RC GULF-TO-BAY BLVD THORNTON RD ROGERS ST ROGERS ST 7 0 0 7 0 2 5 2 02975 298929852981290929512940290028982905290929635 1 7 5 1 7 6 0 3 6 0 7300629302990300930003018295029343004296029992970C2970B2970A-Not to Scale--Not a Survey-Rev. 8/13/2021 Old Tampa Bay Ordinance No. 9492-21 ORDINANCE NO. 9492-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN UNADDRESSED REAL PROPERTY LOCATED APPROXIMATELY 835 FEET SOUTH OF GULF TO BAY BOULEVARD BETWEEN 2975 GULF TO BAY BOULEVARD AND OLD TAMPA BAY IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19 (US 19) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9490-21. Property Zoning District See attached Exhibit “A” for legal description; US 19 (US 19) and Preservation (P) (ANX2021-07012) Ordinance No. 9492-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk LEGAL DESCRIPTIONS ANX2021-07012 ========================================================================================= LEGAL DESCRIPTION: THAT PART OF: Lots 16 and 17, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book I, Page 13, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. and: The East 70 feet of Lot 15, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book 1. Page 13, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. and: The submerged land lying South [of] and contiguous to the East 70 feet of Lot 15, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book 1, Page 13, Public Records of Hillsborough County, Florida, described as follows: From the Northeast corner of said Lot 15, thence South 0 degrees 37'03" West along the East line of Lot 15, 375 feet to a point of the High Water Mark for Point of Beginning, said point being 833 feet plus or minus South, and 614 feet, plus or minus West of the East quarter corner of Section 17, Township 29 South, Range 16 East, thence continuing South 0 degrees 37'03" West 475 feet; thence South 89 degrees 46' 01" West 70 feet; thence North 0 degrees 37'03" East along a line parallel to the extension of the East line of Lot 15 to the mean High Water Mark; thence North Easterly along said mean High Water Mark to the Point of Beginning. and: The submerged land in Tampa Bay, immediately South of and adjacent to Lot 17, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book 1, Page 13, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, which may be more particularly described as follows: Commencing at the East Quarter corner of Section 17, Township 29 South, Range 16 East; thence South 37 Minutes 3 Seconds West, 458.44 feet along the East boundary of said Section 17; thence South 89 Degrees 46 Minutes 1 Seconds West, 194.7 feet to the Northeast corner of said Lot 17; thence South 37 Minutes 3 Seconds West 462 feet along the East boundary of said Lot 17, to the intersection with the High Water Mark of Tampa Bay, for a POINT OF BEGINNING; thence continuing South 37 Minutes 3 Seconds West 372 feet in line with the East boundary of said Lot 17 produced; thence North 89 Degrees 22 Minutes 57 Seconds West 209.22 feet; thence North 37 Minutes 3 Seconds East 433. 16 feet to the intersection with the aforesaid High Water Mark; thence South 74 Degrees 59 Seconds East, following the High Water Mark 217.8 feet, more or less, to the POINT OF BEGINNING. LYING OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF CLEARWATER, FLORIDA Exhibit "A" Exhibit "B" PROPOSED ZONING MAP Owner(s): DD Gulf to Bay LLC Case: ANX2021-07012 Site: 2975 Gulf to Bay Blvd (Submerged Lands) Property Size(Acres): ROW (Acres): 2.49 Land Use Zoning PIN: 17-29-16-00000-410-0200 17-29-16-12312-000-0020 From : Residential Low Medium (RLM) UZ Unzoned Atlas Page: 300B To: US 19 – Regional Center (US 19-RC), Water US 19, Preservation (P) A 789101112 (13) 49824 5389 3 A B C 1 2 3 4 2 3 32/02 4.78 32/ 32/04GOVT LOT 1SEE N16-29-16 FOR PARCEL INFO 733531.32 11.16 1.48 12312 234567 12 13 14 15 16 17 18 1 41/02 1.93 GOVT LOT 2GOVT LOT 3AC(C) AC(C) AC(C)AC(C) AC(C) AC(C) 1 1 1 GULF-TO-BAY BLVD THORNTON RD ROGERS ST ROGERS ST US 19 I P P 5 2 0 7 0 2 7 0 02975290529852909 29092900295029812940298928982951LMD OS/-Not to Scale--Not a Survey-Rev. 8/13/2021 Old Tampa Bay LOCATION MAP Owner(s): DD Gulf to Bay LLC Case: ANX2021-07012 Site: 2975 Gulf to Bay Blvd (Submerged Lands) Property Size(Acres): ROW (Acres): 2.49 Land Use Zoning PIN: 17-29-16-00000-410-0200 17-29-16-12312-000-0020 From : Residential Low Medium (RLM) UZ Unzoned Atlas Page: 300B To: US 19 – Regional Center (US 19-RC), Water US 19, Preservation (P) BAYSIDE BRG GULF-TO-BAY BLVD C R 3 1 S BAYVI EW AVE CAROLINA AVE ROGERS ST BAY ST ROGERS ST ^-Not to Scale--Not a Survey-Rev. 8/13/2021 Old Tampa Bay ^ ^ PROJECT SITE PROJECT SITE PROJECT SITE AERIAL PHOTOGRAPH Owner(s): DD Gulf to Bay LLC Case: ANX2021-07012 Site: 2975 Gulf to Bay Blvd (Submerged Lands) Property Size(Acres): ROW (Acres): 2.49 Land Use Zoning PIN: 17-29-16-00000-410-0200 17-29-16-12312-000-0020 From : Residential Low Medium (RLM) UZ Unzoned Atlas Page: 300B To: US 19 – Regional Center (US 19-RC), Water US 19, Preservation (P) GULF-TO-BAY BLVD GULF-TO-BAY BLVD ROGERS ST ROGERS ST EAST AVE EAST AVE WEST AVE WEST AVE SOUTH AVE SOUTH AVE ROGERS ST ROGERS ST -Not to Scale--Not a Survey-Rev. 8/13/2021 Old Tampa Bay EXISTING SURROUNDING USES MAP Owner(s): DD Gulf to Bay LLC Case: ANX2021-07012 Site: 2975 Gulf to Bay Blvd (Submerged Lands) Property Size(Acres): ROW (Acres): 2.49 Land Use Zoning PIN: 17-29-16-00000-410-0200 17-29-16-12312-000-0020 From : Residential Low Medium (RLM) UZ Unzoned Atlas Page: 300B To: US 19 – Regional Center (US 19-RC), Water US 19, Preservation (P) A 789101112 (13) 49824 5389 3 A B C 1 2 3 4 2 3 32/02 4.78 32/ 32/04GOVT LOT 1SEE N16-29-16 FOR PARCELINFO60733531.32 11.16 1.48 5040 12312 234567 12 13 14 15 16 17 18 1 41/02 1.93 GOVT LOT 2GOVT LOT 360AC(C) AC(C) AC(C)AC(C) AC(C) AC(C) 1 1 1 GULF-TO-BAY BLVD THORNTON RD ROGERS ST ROGERS ST 7 0 0 7 0 2 5 2 02975 298929852981290929512940290028982950290529092963-Not to Scale--Not a Survey-Rev. 8/13/2021 Old Tampa Bay Vacant Office Multi-Family Residential Institutional Retail Multi-Family Residential Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2021-07013 Agenda Date: 9/16/2021 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.7 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1729 Brentwood Drive, and pass Ordinances 9493-21, 9494-21, and 9495-21 on first reading. (ANX2021-07013) SUMMARY: This voluntary annexation petition involves a 0.288-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the south side of Brentwood Drive approximately 340 feet west of Woodcrest Avenue. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City . The property is contiguous to existing city boundaries to the north and west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the City of Clearwater. The closest sanitary sewer line is located in an easement to the southwest of the subject property, at the northwest corner of 1726 Lakeview Road. The applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend city sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #47 located at 1460 Lakeview Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Page 1 City of Clearwater Printed on 9/14/2021 File Number: ANX2021-07013 Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries to the north and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044 APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 9/14/2021 Ordinance No. 9493-21 ORDINANCE NO. 9493-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF BRENTWOOD DRIVE APPROXIMATELY 340 FEET WEST OF WOODCREST AVENUE, WHOSE POST OFFICE ADDRESS IS 1729 BRENTWOOD DRIVE, CLEARWATER, FLORIDA 33756 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “A” has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 13, Block D, Oak Acres Addition, according to the map or plat thereof as recorded in Plat Book 32, page 70, Public Records of Pinellas County, Florida (ANX2021-07013) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator 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. 9493-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” LAKE ESTELLE 61866 61866 61867 H H D D C C 13 14 15 5 6 7 8 9 6 7 83 4 5 11 12 1 6 78 9 10 12345 1 23 4 15 2 13 12 11 567 12 11 45 10 7 8 9 2 3 10 9 8 8765432 1 161514131211109 12A 11A 10A 9A 8A 1A 4 10 3 LAKEVIEW RD BRENTWOOD DR EMERALD DR S DUNCAN AVE WOODCREST AVE ESTELLE DR LAUREL DR WOODSIDE AVE S DUNCAN AVE 1720172617211212 171417001220 1208 1738173217081204 1221 1196 1200 1216 1192 1201 17071215 1732171017151714174017181726172217121719173617161129 1736171717281200 171917281721173117321733173717091711173317271739172717191302 1306 11207 91304 17151188 17441121 17271201 1308 1305 1130 1127 1720121617291204 1126 1302 1303 1125 121 174512051201 1300 -Not to Scale--Not a Survey-Rev. 7/14/2021 PROPOSED ANNEXATION Owner(s): Pecora & Pecora Properties LLC Case: ANX2021-07013 Site: 1729 Brentwood Dr Property Size(Acres): ROW (Acres): 0.288 Land Use Zoning PIN: 23-29-15-61866-004-0130 From : Residential Low (RL) R-3 Single-Family Residential District Atlas Page: 307B To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9494-21 ORDINANCE NO. 9494-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF BRENTWOOD DRIVE APPROXIMATELY 340 FEET WEST OF WOODCREST AVENUE, WHOSE POST OFFICE ADDRESS IS 1729 BRENTWOOD DRIVE, CLEARWATER, FLORIDA 33756, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 13, Block D, Oak Acres Addition, according to the map or plat thereof as recorded in Plat Book 32, page 70, Public Records of Pinellas County, Florida Residential Low (RL) (ANX2021-07013) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9493-21. Ordinance No. 9494-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” LAKE ESTELLE 61866 61866 61867 H H D D C C 13 14 15 5 6 7 8 9 6 7 83 4 5 11 12 1 6 78 9 10 12345 1 23 4 15 2 13 12 11 567 12 11 45 10 7 8 9 2 3 10 9 8 8765432 1 161514131211109 12A 11A 10A 9A 8A 1A 4 10 3 RL RU RL RU RU RL RU RL RL RL RU RL RU LAKEVIEW RD BRENTWOOD DR EMERALD DR S DUNCAN AVE WOODCREST AVE ESTELLE DR LAUREL DR WOODSIDE AVE S DUNCAN AVE 172017261302 17211212 171417001306 1220 1304 1738173217081204 1221 17441200 1192 1201 170717271732171017151714174017181308 17261722171217191305 1130 1736171617201216 1129 173617171204 1126 17281303 1200 171917281125 17311732173317371709174517111733172717391201 1300 1727171971011207 591208 91196 17151188 1121 1216 1215 1201 1127 17291302 121 17211205-Not to Scale--Not a Survey-Rev. 7/14/2021 PROPOSED FUTURE LAND USE MAP Owner(s): Pecora & Pecora Properties LLC Case: ANX2021-07013 Site: 1729 Brentwood Dr Property Size(Acres): ROW (Acres): 0.288 Land Use Zoning PIN: 23-29-15-61866-004-0130 From : Residential Low (RL) R-3 Single-Family Residential District Atlas Page: 307B To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9495-21 ORDINANCE NO. 9495-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF BRENTWOOD DRIVE APPROXIMATELY 340 FEET WEST OF WOODCREST AVENUE, WHOSE POST OFFICE ADDRESS IS 1729 BRENTWOOD DRIVE, CLEARWATER, FLORIDA 33756, 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. 9493-21. Property Zoning District Lot 13, Block D, Oak Acres Addition, according to the map or plat thereof as recorded in Plat Book 32, page 70, Public Records of Pinellas County, Florida Low Medium Density Residential (LMDR) (ANX2021-07013) Ordinance No. 9495-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” LAKE ESTELLE 61866 61866 61867 H H D D C C 13 14 15 5 6 7 8 9 6 7 83 4 5 11 12 1 6 78 9 10 12345 1 23 4 15 2 13 12 11 567 12 11 45 10 7 8 9 2 3 10 9 8 8765432 1 161514131211109 12A 11A 10A 9A 8A 1A 4 10 3 LAKEVIEW RD BRENTWOOD DR EMERALD DR S DUNCAN AVE WOODCREST AVE ESTELLE DR LAUREL DR WOODSIDE AVE S DUNCAN AVE LMDR 1720172617211212 171417001220 1208 1738173217081204 1221 1196 1200 1216 1192 1201 17071215 1732171017151714174017181726172217121719173617161129 1736171717281200 171917281721173117321733173717091711173317271739172717191302 1306 11207 91304 17151188 17441121 17271201 1308 1305 1130 1127 1720121617291204 1126 1302 1303 1125 121 174512051201 1300 -Not to Scale--Not a Survey-Rev. 7/14/2021 PROPOSED ZONING MAP Owner(s): Pecora & Pecora Properties LLC Case: ANX2021-07013 Site: 1729 Brentwood Dr Property Size(Acres): ROW (Acres): 0.288 Land Use Zoning PIN: 23-29-15-61866-004-0130 From : Residential Low (RL) R-3 Single-Family Residential District Atlas Page: 307B To: Residential Low (RL) Low Medium Density Residential (LMDR) S KEENE RD LAKEVIEW RD NORWOOD AVE BRENTWOOD DR S DUNCAN AVE WOODCREST AVE JEFFORDS ST WOODSIDE AVE BALMORAL DR LAUREL DR ESTELLE DR EMERALD DR IRVING AVE GRACELYN DR MARJOHN AVE JEFFORDS ST WOODCREST AVE S DUNCAN AVE EMERALD DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 7/14/2021 LOCATION MAP Owner(s): Pecora & Pecora Properties LLC Case: ANX2021-07013 Site: 1729 Brentwood Dr Property Size(Acres): ROW (Acres): 0.288 Land Use Zoning PIN: 23-29-15-61866-004-0130 From : Residential Low (RL) R-3 Single-Family Residential District Atlas Page: 307B To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKEVIEW RD LAKEVIEW RD BRENTWOOD DR BRENTWOOD DR EMERALD DR EMERALD DR S DUNCAN AVE S DUNCAN AVE WOODCREST AVE WOODCREST AVE ESTELLE DR ESTELLE DR LAUREL DR LAUREL DR WOODSIDE AVE WOODSIDE AVE S DUNCAN AVE S DUNCAN AVE -Not to Scale--Not a Survey-Rev. 7/13/2021 AERIAL PHOTOGRAPH Owner(s): Pecora & Pecora Properties LLC Case: ANX2021-07013 Site: 1729 Brentwood Dr Property Size(Acres): ROW (Acres): 0.288 Land Use Zoning PIN: 23-29-15-61866-004-0130 From : Residential Low (RL) R-3 Single-Family Residential District Atlas Page: 307B To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE ESTELLE 61866 61866 61867 H H D D C C 13 14 15 5 6 7 8 9 6 7 83 4 5 11 12 1 6 78 9 10 12345 1 23 4 15 2 13 12 11 567 12 11 4 5 10 7 8 9 2 3 10 9 8 8765432 1 161514131211109 12A 11A 10A 9A 8A 1A 4 10 3 LAKEVIEW RD BRENTWOOD DR EMERALD DR S DUNCAN AVE WOODCREST AVE ESTELLE DR LAUREL DR WOODSIDE AVE S DUNCAN AVE 1720172617211212 171417001220 1208 1738173217081204 1221 1196 1200 1216 1192 1201 17071215 1732171017151714174017181726172217121719173617161129 1736171717281200 171917281721173117321733173717091711173317271739172717191302 11306 11207 91304 17151188 17441121 17271201 1308 1305 1130 1127 1720121617291204 1126 1302 1303 1125 121 174512051201 1300 -Not to Scale--Not a Survey-Rev. 7/14/2021 EXISTING SURROUNDING USES MAP Owner(s): Pecora & Pecora Properties LLC Case: ANX2021-07013 Site: 1729 Brentwood Dr Property Size(Acres): ROW (Acres): 0.288 Land Use Zoning PIN: 23-29-15-61866-004-0130 From : Residential Low (RL) R-3 Single-Family Residential District Atlas Page: 307B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2021-07013 Pecora & Pecora Properties, LLC 1729 Brentwood Drive View looking south at subject property 1729 Brentwood Drive West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Brentwood Drive View looking westerly along Brentwood Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9487-21 Agenda Date: 9/16/2021 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Planning & Development Agenda Number: 8.8 SUBJECT/RECOMMENDATION: Approve amendments to the Community Development Code revising Section 3-909, Outdoor cafés located within public right(s)-of-way and Appendix A Schedule of Fees, Rate and Charges and pass Ordinance 9487-21 on first reading. (TA2021-07002) SUMMARY: The Community Development Code currently allows outdoor cafés located within public right(s) -of-way in the Downtown and Clearwater Beach. The closure of Cleveland Street to support outdoor cafes beyond the timeframe of the COVID emergency has generated the need for some minor amendments to the outdoor café provisions. Upon review of the existing code, it was determined some additional clarity was needed in the permit process, location, design, and operational requirements, as well as the fee schedule. Proposed Ordinance No. 9487-21 includes the following amendments: •Specifies outdoor café permits shall be issued to a person who has a business tax permit and who wishes to place tables and chairs in the right-of-way. •Allows outdoor cafes to extend beyond the sidewalk into the Cleveland Street right-of-way if closed to traffic, authorized by the city and in compliance with ADA requirements. •Requires the outdoor café operator to be responsible for keeping the café area clean, orderly, and free of debris. •Prohibits the use of city owned waste receptacles for café food and waste disposal. •Provides that outdoor café permits expire on September 30th of each year. •Provides for a reduced outdoor café permit renewal fee of $25. The Planning and Development Department has determined that the proposed text amendments to the Community Development Code is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report. The CDB reviewed the proposed text amendment at its meeting of August 17, 2021, and unanimously recommended approval of the amendment. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 9/14/2021 PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: August 17, 2021 AGENDA ITEM: E.2. CASE: TA2021-07002 ORDINANCE NO.: 9487-21 REQUEST: To amend certain City of Clearwater Community Development Code operational and permit requirements for outdoor cafés, as well as establish a reduced café renewal permit fee in Appendix A, Schedule of Fees, Rates and Charges. INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: During the re-opening phases of the COVID emergency the city of Clearwater allowed regulatory flexibility for temporary outdoor cafes and closed Cleveland Street to traffic to accommodate expanded outdoor dining. During this time there was an increase in the number of outdoor cafes in both Downtown and Clearwater Beach. Since the emergency is now over, the city, Amplify Clearwater and the Community Redevelopment Agency are working together to ensure that businesses obtain the proper approval to continue operating outdoor cafes consistent with city ordinances. Upon review of current outdoor café requirements, the Planning and Development Department identified several needed amendments to the Community Development Code to provide greater clarity on permit and operational requirements. Also, as the city has decided to continue the closure of Cleveland Street for outdoor dining, the code needs to provide for café space in the public right-of-way beyond sidewalk areas. ANALYSIS: The proposed amendments to the Community Development Code revise the outdoor café provisions as follows. - Planning & Development Department Community Development Code Text Amendment Community Development Board – August 17, 2021 TA2021-07002 – Page 2 • Clarifies outdoor café permits are issued to those with business tax receipts for the business they serve. • Provides for the yearly renewal of outdoor café permits and at a reduced fee. • Allows for outdoor cafes in the Cleveland Street right-of-way if the street is closed to traffic and ADA requirements are met. • Requires the outdoor café operator to maintain the café area in a neat and orderly appearance and free of debris throughout the business day. It also precludes businesses from using city owned waste receptacles for café food and waste disposal. CRITERIA FOR TEXT AMENDMENTS: CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following goals, objectives and policies which will be furthered by the proposed Code amendments: Goal A.3 The City of Clearwater shall ensure that all development or redevelopment initiatives meet the safety, environmental, and aesthetic needs of the City through consistent implementation of the Community Development Code. Objective A.5.5 Promote high quality design standards that support Clearwater’s image and contribute to its identity. Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic opportunity, the creation of jobs and training opportunities as well as the maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas and by coordination with the Chamber of Commerce, Tourist Development Council and other economic development organizations and agencies. Objective A.6.2 The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. - Planning & Development Department Community Development Code Text Amendment Community Development Board – August 17, 2021 TA2021-07002 – Page 3 Objective A.6.6 Tourism is a substantial element of the City’s economic base and as such the City shall continue to support the maintenance and enhancement of this important economic sector. Policy A.6.8.1 Build active, attractive communities that are designed at a human scale and encourage walking, cycling and use of mass transit. Outdoor cafes enrich public rights-of-way by creating attractive and inviting areas that increase pedestrian activity and contribute to a vibrant street life. Outdoor cafes also provide opportunities for economic growth as businesses can expand seating areas and serve more customers. This increase in customers and activity generate additional foot traffic in an area which provides spillover effects to other businesses on the street. The proposed amendments are consistent with the goals, objectives, and policies of the Comprehensive Plan. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in CDC Section 1-103: Sec. 1-103.A. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. Sec. 1-103.B.3 Strengthening the City’s economy and increasing its tax base as a whole. Sec. 1-103.E.2. Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city. By providing additional clarification to operational and permitting requirements the proposed amendments to the city’s outdoor café standards further the orderly use of the public right-of- way. Outdoor dining contributes to the vibrancy and character of the city’s Downtown and Clearwater Beach which has a positive impact on the city’s quality of life. Outdoor cafes also provide expanded capacity for eating establishments, increasing the viability of businesses, which will strengthen the City’s economy. As the ordinance allows the right-of-way beyond the sidewalk to be used for outdoor dining in the Cleveland Street District, this amendment will further support the Downtown economy. Establishing clear requirements for maintaining - Planning & Development Department Community Development Code Text Amendment Community Development Board – August 17, 2021 TA2021-07002 – Page 4 clean outdoor dining areas, free and clear from trash and debris also promotes the health and welfare of the city. Proposed Ordinance 9487-21 furthers the purposes of the Community Development Code. SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 9487-21 that amends the Community Development Code. Prepared by Planning and Development Department Staff: ___________________________ Gina L. Clayton Planning and Development Director ATTACHMENTS: Ordinance No. 9487-21 Resume Ordinance No. 9487-21 Ordinance No. 9487-21 AN ORDINANCE OF THE CITY OF CLEARWATER MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING SECTION 3-909.B OUTDOOR CAFES LOCATED WITHIN PUBLIC RIGHT(S)-OF-WAY BY CLARIFYING WHO MAY OBTAIN OUTDOOR CAFÉ PERMITS AND THAT SUCH PERMITS EXPIRE ON A YEARLY BASIS AND REQUIRE RENEWAL; BY AMENDING SUBSECTION 3-909.C, LOCATION AND DESIGN REQUIREMENTS BY ALLOWING OUTDOOR CAFES TO BE LOCATED IN ADJACENT STREETS IF CLOSED TO VEHICULAR TRAFFIC AND AUTHORIZED BY THE CITY; BY AMENDING SUBSECTION 3-909.D OPERATIONAL REQUIREMENTS TO REQUIRE OUTDOOR CAFÉ OPERATORS TO BE RESPONSIBLE FOR MAINTAINING OUTDOOR CAFÉ AREAS IN A NEAT AND ORDERLY APPEARANCE AND FREE AND CLEAR FROM DEBRIS; BY AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, VIII LAND DEVELOPMENT, (1) LEVEL ONE, BY ESTABLISHING A REDUCED RENEWAL FEE FOR OUTDOOR CAFÉ PERMITS AND DELETING A DUPLICATIVE AND HIGHER FEE FOR OUTDOOR CAFÉ PERMITS; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, outdoor cafes encourage pedestrian traffic and activity and redevelopment; and WHEREAS, outdoor cafes provide a unique environment for relaxation and food consumption; and WHEREAS, it is advisable to clarify certain permitting requirements for outdoor cafes; and WHEREAS, the established permit requirements and operational standards are necessary to protect and promote the general health, safety and welfare of the residents of the city, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 3, Development Standards, Section 3- 909. Outdoor cafes located within public right(s)-of-way, Community Development Code, be amended to read as follows: Section 3-909. Outdoor cafés located within public right(s)-of-way. * * * * * B. Outdoor café permits Application process. The community development coordinator shall review all outdoor cafes as an allowable encroachment into the public right(s)-of-way subject to compliance with the location, design and operational requirements below. 1. An outdoor cafe permit shall only be issued to a person who has paid the business tax for a business establishment and who wishes to provide tables and chairs on the right-of-way consistent with this section. Ordinance No. 9487-21 2. Outdoor cafe permits expire on September 30th of each year and shall be renewed yearly to continue operation of the café. * * * * * C. Location and design requirements. 1. Outdoor cafés are restricted to the sidewalk frontage of the subject business applying for a permit, except that outdoor cafes located within the Cleveland Street District may extend the linear distance of any adjacent business frontage, in accordance with the provisions of Section 3-909.D.10. In the Cleveland Street Café District such cafes may also extend the linear distance of any adjacent business frontage, in accordance with the provisions of Section 3-909.D.10. If authorized by the city, outdoor cafes may also extend into the adjacent Cleveland Street right-of-way provided the street is closed to vehicular traffic and all applicable ADA requirements are met. * * * * * Section 2. That Article 3, Development Standards, Section 3- 909. Outdoor cafes located within public right(s)-of-way, be amended to read as follows with subsections re-numbered as appropriate. D. Operational requirements. * * * * * * 15. The outdoor café operator is responsible for maintaining the outdoor café area and five feet beyond its perimeters in a neat and orderly appearance at all times and shall clear all debris on a periodic basis during the day and at the close of each business day. City owned waste receptacles shall not be used for café food and waste disposal. . Section 3. That Appendix A, Schedule of Fees, Rates and Charges, VIII. Land Development, Section (1) Level 1 Community Development Code, be amended to read as follows. Appendix A, Schedule of Fees, Rates and Charges, VIII. Land Development (1) Level One * * * * * * (i) Outdoor café initial permit (applicable only if located within the public right(s)-of-way) . .$50 Yearly renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . .$25 * * * * * * (m) Dog-friendly restaurant or outdoor café permit . . . . . . . . . . .. . . . . . . . . . . . . . . . $75 Ordinance No. 9487-21 Section 4. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 5. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 6. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 7. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 8. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _______________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ Michael Fuino Rosemarie Call Assistant City Attorney City Clerk . Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9488-21 Agenda Date: 9/16/2021 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.9 SUBJECT/RECOMMENDATION: Amend Clearwater Community Development Code Article 3, Development Standards, Section 3-204., which relates to accessory uses and structures standards, to add subsection I, which will allow for the keeping of chickens as an accessory use in certain residential zoning districts and provide standards for associated accessory structures, and pass Ordinance 9488-21 on first reading. SUMMARY: At the City Council meeting on May 6, 2021, the Council engaged in a discussion with city staff, residents, and chicken advocates regarding the possibility of allowing chickens in certain residential zoning districts within the City. At that meeting, the Council directed staff to prepare an ordinance that would allow such chickens. The proposed amendments to the Community Development Code would allow for the keeping of up to four backyard chickens as an accessory use to detached dwellings located in the LDR, LMDR, MDR, MHDR, and HDR zoning districts. The keeping of other fowl or roosters is prohibited, as is the sale of eggs and manure in addition to the breeding of chickens for commercial purposes. However, the sale of eggs that are a part of a lawful home-based business that has obtained the necessary permits and approvals is allowed. The ordinance establishes location, size and other standards for chicken coops and associated chicken runs, obligates owners to maintain coops and runs in clean and sanitary manner to ensure proper health and sanitation, and establishes situations that would be constitute nuisance conditions. The ordinance also defines chicken, chicken coop and chicken run. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 9/14/2021 Ordinance No. 9488-21 ORDINANCE NO. 9488-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY PROVIDING A NEW SUBSECTION UNDER SECTION 3-204 TO ALLOW FOR THE KEEPING OF CHICKENS IN CERTAIN RESIDENTIAL ZONING DISTRICTS; PROVIDING SPECIFIC STANDARDS FOR THE KEEPING OF CHICKENS AND ASSOCIATED ACCESSORY STRUCTURES; AMENDING SECTION 8-102 TO INCLUDE DEFINITIONS FOR CHICKEN, CHICKEN COOP, AND CHICKEN RUN; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in response to community dialogue and engagement with Clearwater residents, the City wishes to allow for the keeping of chickens in certain residential zoning districts subject to certain standards and restrictions; and WHEREAS, the City has determined that revisions to the Community Development Code to allow for the keeping of chickens in certain residential zoning districts would serve to promote more diverse and healthier lifestyle choices for City residents; and WHEREAS, the City of Clearwater adopted the Community Development Code on January 21, 1999, which took effect on March 8, 1999; and WHEREAS, at a duly noticed public meeting the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, conducted a public hearing, considered all public testimony and has determined that these amendments are consistent with the City of Clearwater’s Comprehensive Plan and recommended that the City Council adopt these amendments; and WHEREAS, the City Council has fully considered the recommendation of the Community Development Board and testimony and evidence submitted at its public hearing; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 3, Development Standards, Section 3-204., Specific Standards, Community Development Code, be amended to add subsection “I.” and read as follows: Section 3-204. – Specific standards. * * * * * * * * * * I. Backyard Chickens 2 Ordinance No. 9488-21 1. Purpose. The purpose of this subsection is to allow the keeping of chickens within certain residential zoning districts while limiting the intensity and potential impact on neighboring properties. 2. Applicability. The provisions of this subsection shall apply to the keeping of chickens as an accessory use to a detached dwelling on properties located in the LDR, LMDR, MDR, MHDR, and HDR zoning districts. 3. Standards. a. General conditions for the keeping of chickens in the permitted zoning districts. i. Up to four (4) chickens may be kept on any property with an occupied detached dwelling located in the permitted zoning districts. Chickens may not be kept on properties occupied by attached dwellings, or within mobile home parks. ii. A chicken coop and a connected chicken run are both required for the keeping of chickens pursuant to this subsection. Chickens shall be kept within the chicken coop or the chicken run connected thereto at all times. iii. Ducks, geese, turkeys, peafowl, adult male chickens/roosters, or any other poultry or fowl are not allowed under the provisions of this subsection of the Code. iv. Chickens shall be kept primarily for personal use. The selling of chickens, eggs or chicken manure, or the breeding of chickens for commercial purposes is generally prohibited. However, chicken eggs may be sold if the sales are conducted as a part of a lawful home-based business that has obtained all required permits and approvals for such activity. v. Chickens shall not be slaughtered on premises. b. Location and other requirements for chicken coops and chicken runs in the permitted zoning districts. i. The chicken coop shall be covered and ventilated. The chicken coop and chicken run must both be completely secured from predators, including all openings, ventilation holes, doors, and gates. ii. Any chicken coop and chicken run must be located in the rear yard of a property unless the property is a corner lot. For a corner lot, a chicken coup and chicken run must be located in the side yard of the property. iii. The chicken coop and chicken run shall comply with the zoning district’s accessory structure setbacks. iv. The chicken coop and chicken run must be screened using an opaque fence or a landscape screen so that the coop and run cannot be seen from adjacent properties and public rights-of-way. v. The chicken coop shall provide a minimum area of three (3) square feet per chicken and the chicken run shall provide a minimum area of eight (8) square feet per chicken to ensure that the chicken living area is of sufficient size to permit free movement of the chickens. vi. Neither the chicken coop nor the chicken run may be taller than six (6) feet measured from the natural grade and both structures must be accessible for cleaning and maintenance. 3 Ordinance No. 9488-21 c. Health, sanitation, and nuisance as applied to the keeping of chickens in the permitted zoning districts. i. No person shall release or set any chicken free from any chicken coop or chicken run. ii. All feed must be stored in a rodent and predator-proof container. iii. Chicken coops and chicken runs shall be maintained in a clean and sanitary condition at all times. All manure not used for composting or fertilizer shall be promptly removed. Chickens shall not be permitted to create a nuisance consisting of odor, noise or pests, or contribute to any other nuisance condition. d. Enforcement. i. In a public health emergency declared by the Director of the Pinellas County Health Department, including but not limited to an outbreak of Avian Flu or West Nile virus, the County or City may require immediate corrective action in accordance with applicable public health regulations and procedures. ii. No person convicted as a repeat violator of this section may be permitted to, or continue to, keep chickens on their premises. Section 2. That Article 8, Definitions and Rules of Construction, Section 8-102., Definitions, Community Development Code, be amended to add certain definitions and read as follows: Section 8-102. - Definitions. * * * * * * * * * * Chicken means specifically female chickens only (i.e., hens). Chicken coop means a covered house, structure, or room that provides chickens with shelter from weather and with a roosting area protected from predators. Chicken run means a fenced or wired in area or pen with a roof or fencing completely covering the top portion thereof, required in conjunction with a chicken coop to provide an outside exercise area for chickens free from predators and of a size that allows access to a foraging area and sunlight. * * * * * * * * * * Section 3. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 4. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. 4 Ordinance No. 9488-21 Section 5. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 6. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 7. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ Matthew J. Mytych, Esq. Rosemarie Call Assistant City Attorney City Clerk PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: August 17, 2021 AGENDA ITEM: E.1. CASE: TA2021-06001 ORDINANCE NO.: 9488-21 REQUEST: To amend the City of Clearwater’s Community Development Code accessory uses/structures standards to allow for the keeping of backyard chickens and provide standards for associated accessory structures as an accessory use in certain residential zoning districts. INITIATED BY: City of Clearwater, City Attorney’s Office BACKGROUND: At its regular council meeting held on May 6, 2021, the City of Clearwater City Council engaged in a discussion with city staff, residents, and chicken advocates regarding the possibility of allowing chickens in certain residential zoning districts in the City of Clearwater. During the meeting, the City Council requested that the City Attorney’s Office prepare a draft ordinance to allow for the keeping of such chickens. After having worked closely with Planning and Development staff, the City Attorney’s Office has prepared Ordinance 9488-21 which proposes to allow for the keeping of chickens as an accessory use in certain residential districts. ANALYSIS: The proposed amendments to the Community Development Code revise the accessory use/structures specific standards in Section 3-204 and Article 8. Definitions and Rules of Construction as follows. • Allows for the keeping of up to four backyard chickens as an accessory use to detached dwellings located in the LDR, LMDR, MDR, MHDR, and HDR zoning districts. • Clarifies that the keeping of other poultry or fowl, including roosters, is prohibited. - Planning & Development Department Community Development Code Text Amendment Community Development Board – August 17, 2021 TA2021-06001 – Page 2 • Generally prohibits the sale the chicken eggs, the sale of manure, and the breeding of chickens for commercial purposes. However, an exception is provided for the sale of eggs that are a part of a lawful home-based business that has obtained the necessary permits and approvals. • Establishes location, size and other standards for chicken coops and associated chicken runs. • Obligates owners to maintain chicken coops and runs in clean and sanitary manners to ensure proper health and sanitation, and establishes what situations would be a nuisance condition. • Defines chicken, chicken coop, and chicken run. It should be noted that a second supplemental ordinance is concurrently being processed through the City that proposes amendments to Chapter 8, Animals, of the Clearwater Code of Ordinances to provide consistency with the proposed backyard chickens accessory use section. However, the supplemental ordinance is not a subject for review by the City of Clearwater Community Development Board. CRITERIA FOR TEXT AMENDMENTS: CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed amendment does not conflict with the Comprehensive Plan, Community Development Code, or any other City ordinances. Specifically, the proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in CDC Section 1-103: Sec. 1-103.A. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Ord.9496-21 Agenda Date: 9/16/2021 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 8.10 SUBJECT/RECOMMENDATION: Approve the request from city staff to vacate two Drainage and Utility Easements that were retained as a part of Ordinance 6879-01 of the City of Clearwater, Florida as recorded in Official Records Book 11701, Page 1155, of the Public Records of Pinellas County, Florida, and pass Ordinance 9496-21 on first reading. SUMMARY: In 2001, the City of Clearwater passed Ordinance No. 6879-01, vacating portions of Park Street, Ewing Avenue, and Pierce Street Rights-of-Way in support of development that would later become the Nolen Apartments. A Drainage and Utility Easement was retained over the entire extent of the vacated Rights-of-Way (ROW). Portions of this vacated ROW and accompanying easements are on City-owned property and portions on The Nolan parcel. No utilities are present in these easements. City staff has reviewed and determined the easements are no longer needed and in the best interest of the City to be vacated. Page 1 City of Clearwater Printed on 9/14/2021 [RE15-1313-080/276300/1] 1 Ord. No. 9496-21 ORDINANCE NO. 9496-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING TWO DRAINAGE AND UTILITY EASEMENTS, AS RETAINED IN THAT CERTAIN ORDINANCE NO. 6879-01 OF THE CITY OF CLEARWATER, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 11701, PAGE 1155, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A” (attached hereto and incorporated herein), has requested that the City vacate said drainage and utility easements; and WHEREAS, the Clearwater City Council finds that said drainage and utility easements 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: Two drainage and utility easements described as follows: See Exhibit “A” are hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, subject to the City’s fee simple interest therein, which is expressly reserved hereby. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. [RE15-1313-080/276300/1] 2 Ord. No. 9496-21 Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Senior Assistant City Attorney City Clerk NOLAN SUBDIVISION PLAT BOOK 140, PAGE 24 EWING AVENUE30' R/WPROSPECT AVENUE60' R/WLOT 11 LOT 12 LOT 13 LOT 14 LOT 1 BLOCK 3 LOT 2 LOT 3 LOT 1 LOT 2 LOT 3 LOT 16 LOT 17 LOT 18 LOT 19 LOT 20 LOT 21 LOT 22 LOT 6 LOT 7 LOT 4 LOT 5 LOT 6 LOT 7 LOT 1 LOT 2 "A REPLAT FOR PURPOSE OF SHOWING ALLEY AT NORTH SIDE OF BLOCKS "A" AND "B" OF COACHMAN HEIGHTS" P.B. 20, PG. 26 BLOCK A PORTIONS OF PARK STREET AND EWING AVENUE VACATED RIGHT-OF-WAY ORDINANCE NO. 6879-01 (OR 11701, PG 1155) LOT 5 "MAGNOLIA PARK" PLAT BOOK 1, PAGE 70 LOT 3 PORTION OF PIERCE STREET VACATED RIGHT-OF-WAY ORDINANCE NO. 6879-01 (O.R. 11701, PG 1155) Vacation of a Drainage/Utility Easement described as follows: That portion of the vacated right-of-way of Pierce Street lying between Prospect Avenue and Ewing Avenue. (Containing 26,985.52 S.F., M.O.L.) DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OF -- CITY OF CLEARWATER ENGINEERING DEPARTMENT Exhibit "A" A Vacation of a Drainage/Utility Easement O.R. 11701, Page 1155Lee Cheek Tom Mahony 7/27/2021 Lgl_2021-05 1 2 15 29S 15E This is not a survey N.T.S. Legal Description Vacation of a Drainage/Utility Easement described as follows: Begin at the Northwest corner of Lot 1, Block 3, Magnolia Park, as recorded in Plat Book 1, Page 70 of the Public Records of Hillsborough County, Florida, of which Pinellas County was once a part; thence N 00° 17' 56" W, 60.00 feet; thence N 89° 57' 12" E, 488.52 feet; thence S 00° 02' 48" E, 60.00 feet; thence S 00° 17' 56" E, 65.30 feet; thence N 89° 57' 12" E, 1.11 feet; thence S 00° 20' 23" E, 69.20 feet; thence S 89° 57' 12" W, 6.00 feet; thence S 00° 20' 23" E, 50.00 feet; thence S 89° 57' 12" W, 6.00 feet; thence S 00° 20' 23" E, 80.50 feet; thence S 89° 57' 12" W, 30.00 feet; thence N 00° 20' 23" W, 196.52 feet; thence N 89° 57' 12" E, 11.59 feet; thence N 00° 17' 56" W, 68.48 feet; thence S 89° 57' 12" W, 458.95 feet to the point of beginning. (Containing 38,736.79 S.F., M.O.L) Line #Distance L2 Line Table S 00° 02' 48" E 60.00' L3 L4 L5 S 00° 17' 56" E 65.30' 1.11' 69.20' N 89° 57' 12" E S 00° 20' 23" E Bearing L6 6.00'S 89° 57' 12" W L7 50.00'S 00° 20' 23" E L8 6.00'S 89° 57' 12" W L9 80.50'S 00° 20' 23" E L10 30.00'S 89° 57' 12" W L11 11.59'N 89° 57' 12" E L12 68.48'N 00° 17' 56" W L1 N 00° 17' 56" W 60.00' NOLAN SUBDIVISION PLAT BOOK 140, PAGE 24 EWING AVENUE30' R/WPROSPECT AVENUE60' R/WL3L2L5L7L9L10 L8 L6 L4L11L12S 89° 57' 12" W 458.95' N 89° 57' 12" E 488.52'L1LOT 11 LOT 12 LOT 13 LOT 14 LOT 1 BLOCK 3 LOT 2 LOT 3 LOT 1 LOT 2 LOT 3 LOT 16 LOT 17 LOT 18 LOT 19 LOT 20 LOT 21 LOT 22 LOT 6 LOT 7 LOT 4 LOT 5 LOT 6 LOT 7 LOT 1 LOT 2 "A REPLAT FOR PURPOSE OF SHOWING ALLEY AT NORTH SIDE OF BLOCKS "A" AND "B" OF COACHMAN HEIGHTS" P.B. 20, PG. 26 BLOCK A PORTION OF PIERCE STREET VACATED RIGHT-OF-WAY ORDINANCE NO. 6879-01 (O.R. 11701, PG 1155) LOT 5 "MAGNOLIA PARK" PLAT BOOK 1, PAGE 70 N 00° 20' 23" W196.52'POINT OF BEGINNING NW CORNER OF LOT 1, BLOCK 3, "MAGNOLIA PARK" PORTIONS OF PARK STREET AND EWING AVENUE VACATED RIGHT-OF-WAY ORDINANCE NO. 6879-01 (OR 11701, PG 1155) DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OF -- CITY OF CLEARWATER ENGINEERING DEPARTMENT Exhibit "A" Vacation of a Drainage/Utility Easement O.R. 11701, Page 1155Lee Cheek Tom Mahony 7/27/2021 Lgl_2021-06 2 2 15 29S 15E This is not a survey N.T.S. Legal Description CLEVELAND ST S PROSPECT AVE PARK ST EWING AVE P I E R C E S T S MARTIN LUTHER KING, JR. AVE PADUA LN FRANKLIN ST NATHANS LN PIERCE ST AERIAL MAP PROPOSED EASEMENTS VACATION Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\TheNolenApt\VAC2021-20.mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale:Page: 1 of 19/7/2021Date:Aerial Flown 2020 Proposed Drainage & Utility Easements Vacation at The Nolen Apartments WDMap Gen By:JBReviewed By: Owned by City of Clearwater The Nolen Apartments Owned byCity of Clearwater Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Ord.9506-21 Agenda Date: 9/16/2021 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 8.11 SUBJECT/RECOMMENDATION: Approve the request from the owner of property addressed 1496 Rosetree Court, Clearwater to vacate the east 6 feet of a platted 10-foot Drainage and Utility Easement, located along the west 10 feet of lot 1, of Rosetree Court, according to the plat thereof as recorded in Plat Book 79, Page 20, of the Public Records of Pinellas County, Florida, and pass Ordinance 9506-21 on first reading. SUMMARY: The property owner at 1496 Rosetree Court, Clearwater, has requested that the City vacate the east 6 feet of the 10-foot platted Drainage and Utility Easement along the rear of their property. The purpose of this vacation will be to eliminate an encroachment of the existing pool and pool deck. There are no utilities present within this easement. The remaining 4 feet of this easement will be sufficient for drainage purposes and future city needs. City staff have reviewed this vacation and have no objection. Page 1 City of Clearwater Printed on 9/14/2021 [RE15-1313-080/274966/1] 1 Ord. No. 9506-21 ORDINANCE NO. 9506-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE EAST 6 FEET OF A PLATTED 10 FOOT DRAINAGE AND UTILITY EASEMENT, LOCATED ALONG THE WEST 10 FEET OF LOT 1, ROSETREE COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 79, PAGE 20, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A” (attached hereto and incorporated herein), has requested that the City vacate said drainage and utility easement; and WHEREAS, the Clearwater City Council finds that said drainage and utility easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A drainage and utility easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. [RE15-1313-080/274966/1] 2 Ord. No. 9506-21 Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Mahony Rosemarie Call Senor Assistant City Attorney City Clerk EXHIBIT "A" NURSERY RD ROSETREE CT 1485 1478 1491 1484 1479 1490 24021497 1496 AERIAL MAP N.T.S.Scale: Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\1496_Rosetree_Ct_EasementVacation.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Vacaton of the East 6' of a 10'Drainage & Utility Easement1496 Rosetree Ct. Page 1 of 1Aerial Flown 2019 Date:8/16/2021KNMap Gen By: EAST 6' OF A 10'D/U EASEMENT RBReviewed By:317BGrid #:19-26s-16eS-T-R: Existing Easements: Drainage/Utility Utility Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9500-21 & 9501-21 Agenda Date: 9/16/2021 Status: City Manager ReportVersion: 1 File Type: OrdinanceIn Control: Office of Management & Budget Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Amend the City’s fiscal year 2020/2021 operating and capital improvement budgets at third quarter and pass Ordinances 9500-21 and 9501-21 on first reading. SUMMARY: The fiscal year 2020/21 operating and capital improvement budgets were adopted in September 2020 by ordinances 9408-20 and 9409-20. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. Page 1 City of Clearwater Printed on 9/14/2021 Third Quarter Budget Review Fiscal Year 2020-21 Memorandum TO: Mayor and City Council FROM: Micah Maxwell, Interim City Manager COPIES: Michael Delk, Assistant City Manager SUBJECT: Third quarter budget review - amended City Manager's annual budget report DATE: August 30, 2021 Attached is the third quarter budget review in accordance with the City Code of Ordinances. This report is based on the first nine months of activity in the current fiscal year (October 2020 through June 2021). Contained within are comments on major variances and documentation of all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenue and expenditure amendments reflect a net increase of $591,193. The General Fund expenditure increase at third quarter includes the Council approved property purchase on Engman Street for $37,000, and a transfer of $10,000 to the Marine Fund for the water taxi agreement. Other amendments include an increase which totals $148,493 to police and fire supplemental pension to bring the budget in line with actual revenues and expenditures; an increase of $95,700 to fire department overtime which is offset by reimbursement revenues from the County; and the transfer of $300,000 to establish the Greenprint Implementation project. In addition, various revenues are amended which will bring the budget in line with anticipated receipts for the year. The fiscal year 2020/2021 budget was created and adopted in a time of uncertainty during the COVID-19 pandemic. Both revenues and expenditures were budgeted conservatively not knowing the continuing effects on revenue streams or the expenses that may be incurred in response. The revenue sources originally impacted (sales tax, revenue sharing, beach contracts) have fully restored, resulting in large budget increases recognized at third quarter. Adjusted for the expenditure increases noted above, this results in a surplus of $11,522,630 to General Fund reserves at third quarter. This surplus offsets the use of reserves previously allocated this year resulting in an estimated $9.9 million increase to fund reserves at fiscal year-end. General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated fund reserves of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. Third Quarter Budget Review Fiscal Year 2020-21 With the closing of the year-end 2020 books, estimated General Fund reserves at third quarter are approximately $58.2 million, or 35.3% of the preliminary fiscal year 2021/22 General Fund budget, exceeding our minimum reserve requirement by $44.1 million. Significant amendments to other city operating funds are noted as follows: Gas Fund Amendments to Gas fund expenditures include the transfer of $1,184,867 to the General Fund representing the increased dividend payment, and a transfer of $560,000 to the Natural Gas Vehicle station project. Budgeted revenues are sufficient to cover this expenditure increase. Marine Fund Third quarter amendments to Marine Fund expenditures include a transfer of $150,000 to the Beach Marina Upgrades project. This expenditure increase is offset by budgeted revenues. Parking Fund Third quarter amendments to Parking Fund expenditures reflect an increase of $240,000 to fund the increases in contractual services and processing fees due to increased usage of the Park Mobile application. Parking revenues are increased by $2,500,000 to bring the budget in line with anticipated revenues for the year. Central Insurance Fund At third quarter, Central Insurance Fund expenditures are increased by $4,412,740. Amendments include an increase of $3,062,740 to medical insurance premiums which is offset by a revenue amendment recognizing health insurance contributions for dependents and retirees; increases totaling $950,000 to liability and workers compensation claims; and an increase of $400,000 to liability insurance premiums. Capital Improvement Program Third quarter amendments to the capital improvement program reflect a net increase of $38,577,718. Amendments include Council approved increases of $560,000 of Gas Fund revenues in the Natural Gas Vehicle project. Project activity not previously approved by the Council is summarized on page 20. Significant amendments include an increase of $37,020,000 in the Imagine Clearwater project; increases of general fund revenues of $150,000 in the Carpenter Field project, $123,000 in the BayCare Ballpark project, $95,000 in the parks fencing project, $115,532 in the Crest Lake Park project, and $300,000 in the new Greenprint implementation project; an increase of $150,000 of Marine Fund revenues in the Beach Marina Upgrades project; an increase of $20,712 of property owner share revenues in the Pinellas new mains project; an increase of $100,000 in Gas Fund revenues in the Gas Pinellas building project to correct a budget error; and a decrease of $89,465 in insurance proceeds in the garage off-cycle replacement project. Third Quarter Budget Review Fiscal Year 2020-21 Special Program Fund The Special Program Fund reflects a net budget increase of $11,944,950 at third quarter. Significant amendments include $11,241,947 in American Rescue Plan Act funding; an increase of $46,733 in public safety grant revenues for Investigative Costs Recovery, Federal Forfeiture Sharing, and Pedestrian/Bicycle Safety; an increase of $20,157 in governmental revenues from the Pinellas County School Board for school resource officer’s extra duty; $25,125 in donation revenues to support Police and Library programs; $87,660 in Community Development Block Grant program income; $3,900 in foreclosure registry fees collected; $96,067 in fines and court proceeds for public safety programs, and the tree replacement program; $138,428 in insurance claim revenue for police vehicle replacements; $15,000 for the cost of an asset transferred to the General Fund; and $270,484 in contractual service revenue for police extra duty. CITY OF CLEARWATER THIRD QUARTER SUMMARY 2020/21 FY 20/21 Mid Variance % Adopted Year Third Qtr.YTD Actual vs.YTD vs.Third Qtr.Amended Description Budget Amended Actual Amend Budget Budget Adjustment Budget General Fund: Revenues 152,179,840 153,824,638 136,026,786 17,797,852 88%591,193 154,415,831 Expenditures 152,179,840 153,824,638 114,087,373 39,737,265 74%591,193 154,415,831 Utility Funds: Water & Sewer Fund Revenues 102,289,480 102,289,480 73,300,276 28,989,204 72%- 102,289,480 Expenditures 102,289,480 102,289,480 81,605,850 20,683,630 80%- 102,289,480 Stormwater Fund Revenues 17,899,890 17,899,890 13,184,055 4,715,835 74%- 17,899,890 Expenditures 16,706,320 16,706,320 14,042,491 2,663,829 84%- 16,706,320 Gas Fund Revenues 47,788,140 47,788,800 33,764,329 14,024,471 71%- 47,788,800 Expenditures 45,257,380 45,258,040 36,012,949 9,245,091 80%1,744,867 47,002,907 Solid Waste and Recycling Fund Revenues 27,130,350 27,130,350 22,151,446 4,978,904 82%801 27,131,151 Expenditures 25,702,930 25,702,930 17,434,873 8,268,057 68%801 25,703,731 Enterprise Funds: Marine Fund Revenues 5,277,210 5,277,210 4,283,402 993,808 81%10,000 5,287,210 Expenditures 5,119,120 5,119,120 3,908,359 1,210,761 76%150,000 5,269,120 Airpark Fund Revenues 347,860 367,860 246,273 121,587 67%- 367,860 Expenditures 340,770 360,770 268,967 91,803 75%- 360,770 Clearwater Harbor Marina Fund Revenues 921,970 921,970 681,063 240,907 74%- 921,970 Expenditures 854,430 866,930 641,830 225,100 74%- 866,930 Parking Fund Revenues 7,330,560 7,330,763 7,850,579 (519,816) 107%2,500,000 9,830,763 Expenditures 6,436,140 6,456,343 4,846,220 1,610,123 75%240,000 6,696,343 Internal Service Funds: General Services Fund Revenues 6,194,230 6,194,230 4,661,454 1,532,776 75%- 6,194,230 Expenditures 6,162,380 6,162,380 3,909,127 2,253,253 63%- 6,162,380 Administrative Services Revenues 13,305,520 13,305,730 9,781,783 3,523,947 74%- 13,305,730 Expenditures 13,254,460 13,254,670 9,248,977 4,005,693 70%- 13,254,670 Garage Fund Revenues 18,916,190 18,916,190 11,394,744 7,521,446 60%- 18,916,190 Expenditures 18,916,190 18,916,190 12,350,724 6,565,466 65%- 18,916,190 Central Insurance Fund Revenues 26,058,230 26,058,230 19,972,407 6,085,823 77%4,412,740 30,470,970 Expenditures 26,058,230 26,058,230 23,208,267 2,849,963 89%4,412,740 30,470,970 1 THIRD QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2020-21 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 8 Other Enterprise Funds Operating Budgets ................................................................................. 12 Internal Service Funds Operating Budgets ................................................................................... 16 Capital Improvement Program Budget ........................................................................................ 20 Special Program Fund Budget ....................................................................................................... 30 Special Development Fund ........................................................................................................... 36 Administrative Change Orders ...................................................................................................... 39 Ordinances ..................................................................................................................................... 40 The amended 2020/21 operating budget, presented by operating fund and/or department, is submitted for the City Council review. The actual and projected data contained in this review represents nine months, October 1, 2020 through June 30, 2021. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after June 30, 2021. Definitions associated with the operating funds information is presented as follows: Definitions: Adopted Budget - The budget as adopted by the City Council on September 17, 2020. Variance YTD Actual vs. Adopted Budget - Difference between year to date actual and adopted budget. % YTD vs. Budget - Percentage of adopted budget expended, year to date. Proposed Amendments - Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on the third quarter review. Amended Budget - Adding the Original Budget and Adjustments. 2 Capital Improvement Program The amended 2020/21 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement Program and Special Program fund information is presented as follows: Definitions: Budget - The budget as of October 1, 2020, which includes project budgets from prior years, which have not been completed. Amendment - Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the third quarter review. Revised Budget - Adding the Budget and Amendment columns. Encumbrance - Outstanding contract or purchase order commitment. Available Balance - Difference between revised budget and expenditure, plus encumbrance. Status - C - project is completed Amend Ref - Reference number for description of amendment. Increase/ (Decrease)Description Ad Valorem Taxes 1,114,763 At third quarter,approximately all property tax revenues have been received.The budget is increased by $1,114,763.00 to reflect actual collections for the year. 2,150,000 At third quarter,amendments to utility taxes revenues reflect a increases of $1,700,000.00 to electricity;and an increase of $450,000.00 to water.This will bring the budget in line with anticipated receipts for the year. (270,000) Third quarter amendments to local option,fuel and other taxes reflect a reduction of $270,000.00 to telecommunications taxes to bring the budget in line with anticipated receipts for the year. Franchise Fees 160,000 At third quarter,franchise fee revenues are increased by a net total of $160,000.00.This includes an increase of $200,000.00 in electric franchise fees,and a decrease of $40,000.00 to gas franchise fees. Other Permits and Fees 1,425,000 At third quarter,other permits and fees revenues are being increased by $1,425,000.00 in building/sign permit revenues to bring the budget in line with anticipated receipts for the year. Intergovernmental 6,299,193 Third quarter amendments to other governmental revenue reflect a net increase $6,299,193.00.Amendments include the following increases:1)$1,308,000.00 to state revenue sharing;2)$3,400,000.00 to 1/2 cent sales tax 3)$102,000 for Pinellas County library co-op revenues;4)$145,000.00 to Fire Tax;5)$1,100,000.00 to EMS tax;6)$95,700 to Fire and EMS reimbursement revenues from the County which offset overtime increases in the Fire Department;and 7) $148,493.00 to public safety supplemental pension revenue which offset expenditure amendments in the Police and Fire Departments. Local Option, Fuel & Other Taxes City of Clearwater General Fund Revenues Third Quarter Amendments FY 2020/21 Utility Taxes 3 Increase/ (Decrease)Description City of Clearwater General Fund Revenues Third Quarter Amendments FY 2020/21 Charges for Service (370,000) Amendments to charges for service reflect a net decrease of $370,000.00 This includes the following adjustments:1)an increase of $140,000.00 to fire inspection fees;2)decreases which total $600,000.00 to various parks and recreation fees; and 3) increases totaling $90,000.00 to Pier 60 revenues. 270,000 Amendments to fines and forfeiture revenues reflect an increase of $120,000.00 to code enforcement fines,and $150,000.00 to red light camera fines.This will bring the budget in line with actual receipts for the year. Miscellaneous 150,000 At third quarter,amendments to miscellaneous revenues include a decrease of $200,000.00 to interest earnings and increases totaling $350,000.00 to beach rental contracts. 1,184,867 Third quarter amendments to transfer in revenues include an increase of $1,184,867.00 for additional dividends from the Gas Fund. (11,522,630) Third quarter amendments reflect a net surplus of $11,522,630.00.This represents the net of revenue amendments noted above and expenditure amendments. This will eliminate the use of reserves allocated this year and return approximately $9.4 million to fund reserves at fiscal year end. 591,193 Judgments, Fines & Forfeitures Net General Fund Transfer (to) from Surplus Transfers In 4 Increase/ (Decrease)Description 26,790 At third quarter,amendments to the Engineering department reflect an increase of $26,790.00 to special pay to correct a budgeting error for funds that were allocated to Police Department. 186,162 Amendments to Fire Department reflect an increase of $90,462.00 to Fire supplemental pension plans,which is offset by an amendment increasing supplemental pension revenue;and an increase of $95,700 to overtime which is offset by reimbursement revenues received from Pinellas County. - Third Quarter amendments to Parks &Recreation expenditures reflect a net zero amendment transferring $483,532.00 in salary and operating savings to the following capital projects:$150,000.00 to 315-93203, Carpenter Field Infrastructure Repairs/Improvements; $115,532.00 to 315-93650,Crest Lake Park Improvements; $123,000.00 to 315-93205,BayCare Ballpark Infrastructure Repairs/Improvements;and $95,000.00 to 315-93638, Fencing Replacement Program. 31,241 At third quarter,amendments to the Police Department include an increase of $58,031.00 to the Police supplemental pension plans which is offset by an amendment increasing supplemental pension revenue; and a decrease of $26,790.00 to special pay to correct a budgeting error for funds that were to be allocated to Engineering. City of Clearwater General Fund Expenditures Third Quarter Amendments FY 2020/21 Engineering Police Parks & Recreation Fire 5 Increase/ (Decrease)Description City of Clearwater General Fund Expenditures Third Quarter Amendments FY 2020/21 Non-Departmental Third quarter amendments to Non-Departmental include the following: 37,000 1)An increase of $37,000.00 to Land Development to fund the purchase of real property located at the southwest corner of N.Martin Luther King Jr.Avenue and Engman Street as approved by City Council on September 2, 2021 10,000 2)A transfer of $10,000.00 to the Marine Fund for the Clearwater Ferry's use of slips as approved in the water taxi operating agreement renewal approved by the Council on November 15, 2018 300,000 3)A transfer of $300,000.00 of General Fund revenues to establish capital improvement project C2106,Greenprint Implementation. 347,000 591,193 Net General Fund 6 2020/21 Variance %2020/21 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Amended Bud Budget Amendment Budget General Fund Revenues Ad Valorem Taxes 68,492,140 69,581,285 (1,089,145) 102%1,114,763 69,606,903 Utility Taxes 15,230,000 11,466,502 3,763,498 75%2,150,000 17,380,000 Local Option, Fuel and Other Taxes 6,350,000 4,456,309 1,893,691 70%(270,000) 6,080,000 Franchise Fees 10,104,770 6,371,842 3,732,928 63%160,000 10,264,770 Other Permits & Fees 2,309,000 3,011,476 (702,476) 130%1,425,000 3,734,000 Intergovernmental 18,862,910 15,964,469 2,898,441 85%6,299,193 25,162,103 Charges for Services 15,780,380 11,554,152 4,226,228 73%(370,000) 15,410,380 Judgments, Fines and Forfeitures 1,354,000 1,080,314 273,686 80%270,000 1,624,000 Miscellaneous Revenues 2,643,956 2,327,306 316,650 88%150,000 2,793,956 Transfers In 11,080,942 10,213,132 867,810 92%1,184,867 12,265,809 Total Revenues 152,208,098 136,026,786 16,181,312 89%12,113,823 164,321,921 Transfer (to) from Surplus 1,616,540 - 1,616,540 0%(11,522,630) (9,906,090) Adjusted Revenues 153,824,638 136,026,786 17,797,852 88%591,193 154,415,831 General Fund Expenditures City Council 395,821 293,834 101,987 74%- 395,821 City Manager's Office 1,275,944 829,799 446,145 65%- 1,275,944 City Attorney's Office 1,809,657 1,336,972 472,685 74%- 1,809,657 City Auditor's Office 226,444 100,453 125,991 44%- 226,444 CRA Administration 468,510 367,827 100,683 79%- 468,510 Economic Development and Housing 1,829,014 1,388,388 440,626 76%- 1,829,014 Engineering 8,230,947 5,784,426 2,446,521 70%26,790 8,257,737 Finance 2,637,861 1,877,008 760,854 71%- 2,637,861 Fire 30,294,275 23,229,776 7,064,499 77%186,162 30,480,437 Human Resources 1,562,180 1,028,757 533,423 66%- 1,562,180 Library 8,000,965 5,758,776 2,242,189 72%- 8,000,965 Non-Departmental 9,253,248 8,780,197 473,051 95%347,000 9,600,248 Official Records and Legislative Svcs 1,215,729 784,693 431,036 65%- 1,215,729 Parks & Recreation 31,311,192 21,652,750 9,658,442 69%- 31,311,192 Planning & Development 6,458,802 4,699,524 1,759,278 73%- 6,458,802 Police 47,259,323 35,089,720 12,169,603 74%31,241 47,290,564 Public Communications 1,196,256 797,984 398,272 67%- 1,196,256 Public Utilities 398,470 286,489 111,981 72%- 398,470 Total Expenditures 153,824,638 114,087,373 39,737,265 74%591,193 154,415,831 For Nine Month Period of October 1, 2020 - June 30, 2021 GENERAL FUND THIRD QUARTER REVIEW 7 2020/21 Variance %2020/21 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget WATER & SEWER FUND Water & Sewer Revenues: Charges for Service 93,969,645 71,833,273 22,136,372 76%- 93,969,645 Judgments, Fines and Forfeits 271,000 272,822 (1,822) 101%- 271,000 Miscellaneous 1,835,000 1,070,815 764,185 58%- 1,835,000 Transfers In - 123,367 (123,367) ~- - Fund Equity 6,213,835 - 6,213,835 0%- 6,213,835 Total Revenues 102,289,480 73,300,276 28,989,204 72%- 102,289,480 Water & Sewer Expenditures: Public Utilities Administration 1,703,374 1,172,388 530,986 69%- 1,703,374 Wastewater Collection 13,506,904 11,838,226 1,668,678 88%- 13,506,904 Public Utilities Maintenance 9,060,046 7,067,078 1,992,968 78%- 9,060,046 WPC / Plant Operations 33,737,721 25,182,094 8,555,627 75%- 33,737,721 WPC / Laboratory Operations 1,594,863 920,692 674,171 58%- 1,594,863 WPC / Industrial Pretreatment 1,042,918 576,345 466,573 55%- 1,042,918 Water Distribution 18,805,229 16,520,490 2,284,739 88%- 18,805,229 Water Supply 18,336,027 14,654,000 3,682,027 80%- 18,336,027 Reclaimed Water 4,502,398 3,674,537 827,861 82%- 4,502,398 Total Expenditures 102,289,480 81,605,850 20,683,630 80%- 102,289,480 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:- Water and Sewer Fund Expenditures:- At third quarter, anticipated revenues of the Water and Sewer Fund equal anticipated expenditures for fiscal year 2020/21. No amendments are proposed to Water and Sewer Fund revenues at third quarter. Expenditures reflect 80%of total budget due to transfers to the capital fund which happen in the first period of the year. No amendments are proposed to Water and Sewer Fund expenditures at third quarter. For the Nine Month Period of October 1, 2020 to June 30, 2021 UTILITY FUNDS THIRD QUARTER REVIEW 8 2020/21 Variance %2020/21 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2020 to June 30, 2021 UTILITY FUNDS THIRD QUARTER REVIEW STORMWATER FUND Stormwater Revenues: Charges for Service 16,910,500 12,821,261 4,089,239 76%- 16,910,500 Judgments, Fines and Forfeits 73,000 54,225 18,775 74%- 73,000 Miscellaneous 916,390 263,325 653,065 29%- 916,390 Transfers In - 45,245 (45,245) ~- - Fund Equity - - - ~- - Total Revenues 17,899,890 13,184,055 4,715,835 74%- 17,899,890 Stormwater Expenditures: Stormwater Management 10,647,663 9,847,206 800,457 92%- 10,647,663 Stormwater Maintenance 6,058,657 4,195,285 1,863,372 69%- 6,058,657 Total Expenditures 16,706,320 14,042,491 2,663,829 84%- 16,706,320 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:- Stormwater Fund Expenditures:- No amendments are proposed to Stormwater Fund revenues at third quarter. Stormwater Fund expenditures reflect 84%of total budget due to transfers to the capital fund which happen in the first period of the year.No amendments are proposed to at third quarter. At third quarter, anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $1,193,570 for fiscal year 2020/21. 9 2020/21 Variance %2020/21 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2020 to June 30, 2021 UTILITY FUNDS THIRD QUARTER REVIEW GAS FUND Gas Revenues: Charges for Service 47,003,340 33,319,975 13,683,365 71%(159,000) 46,844,340 Judgments, Fines and Forfeits 153,100 65,358 87,742 43%- 153,100 Miscellaneous 631,700 314,601 317,099 50%159,000 790,700 Transfers In 660 64,395 (63,735) 9757%- 660 Fund Equity - - - ~- - Total Revenues 47,788,800 33,764,329 14,024,471 71%- 47,788,800 Gas Expenditures: Administration & Supply 21,831,318 16,812,561 5,018,757 77%1,083,014 22,914,332 Pinellas Gas Operations 9,775,059 7,906,610 1,868,449 81%(16,477) 9,758,582 Pasco Gas Operations 6,709,495 5,208,952 1,500,543 78%(243,476) 6,466,019 Marketing & Sales 6,942,168 6,084,826 857,342 88%921,806 7,863,974 Total Expenditures 45,258,040 36,012,949 9,245,091 80%1,744,867 47,002,907 Increase/ (Decrease)Amendment Description: Gas Fund Revenues:- Gas Fund Expenditures:1,744,867 At third quarter, anticipated revenues of the Gas Fund exceed anticipated expenditures by $785,893 for fiscal year 2020/21. At third quarter,a amendments include transfer of funds between various revenue codes which net to zero. At third quarter,expenditure amendments reflect a net increase of $1,744,867.00.Amendments include:1)a transfer of $1,184,867.00 to the General Fund for additional Gas Fund dividends;2)a transfer of $560,000.00 to capital project 96387,Natural Gas Vehicle Station,approved by Council June 17,2021;and 3)and amendments which net to zero reflecting the transfer of funds between various cost centers. 10 2020/21 Variance %2020/21 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2020 to June 30, 2021 UTILITY FUNDS THIRD QUARTER REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,000 1,356 (356) 136%- 1,000 Charges for Service 23,660,000 19,283,856 4,376,144 82%- 23,660,000 Judgments, Fines and Forfeits 95,000 74,117 20,883 78%- 95,000 Miscellaneous 725,000 527,440 197,560 73%- 725,000 Transfers In - 63,562 (63,562) ~669 669 Solid Waste Revenues 24,481,000 19,950,331 4,530,669 81%669 24,481,669 Recycling Revenues: Other Permits and Fees 350 288 63 82%- 350 Intergovernmental - - - ~- - Charges for Service 2,430,000 1,943,973 486,027 80%- 2,430,000 Judgments, Fines and Forfeits 8,000 7,092 908 89%- 8,000 Miscellaneous 211,000 249,763 (38,763) 118%- 211,000 Transfers In - - - ~132 132 Recycling Revenues 2,649,350 2,201,115 448,235 83%132 2,649,482 - Fund Equity - - ~- - Total Revenues 27,130,350 22,151,446 4,978,904 82%801 27,131,151 Solid Waste Expenditures: Collection 17,853,129 12,165,269 5,687,860 68%504 17,853,633 Transfer 2,354,091 1,367,868 986,223 58%66 2,354,157 Container Maintenance 944,923 704,676 240,247 75%54 944,977 Administration 1,036,817 801,383 235,434 77%45 1,036,862 Solid Waste Expenditures 22,188,960 15,039,196 7,149,764 68%669 22,189,629 Recycling Expenditures: Residential 1,401,597 954,791 446,806 68%60 1,401,657 Multi-Family 460,267 344,396 115,871 75%18 460,285 Commercial 1,652,106 1,096,490 555,616 66%54 1,652,160 Recycling Expenditures 3,513,970 2,395,677 1,118,293 68%132 3,514,102 Total Expenditures 25,702,930 17,434,873 8,268,057 68%801 25,703,731 Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:801 Solid Waste and Recycling Fund Expenditures:801 At third quarter,revenues reflect an increase of $801.00 to transfer-in revenue to recognize safety award funding from the Central Insurance Fund. Amendments to expenditures include an increase of $801.00 to employee recognition for receipt of the 3rd quarter FY21 safety award. At third quarter, anticipated revenues of the Solid Waste and Recycling Fund exceed anticipated expenditures by $1,427,420 for fiscal year 2020/21. 11 2020/21 Third Qtr.Variance %2020/21 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget MARINE FUND Marine Revenues: Intergovernmental - - - ~- - Charges for Service 5,133,210 4,160,121 973,089 81%- 5,133,210 Judgments, Fines and Forfeits 6,000 400 5,600 7%- 6,000 Miscellaneous Revenue 138,000 91,030 46,970 66%- 138,000 Transfers In - 31,850 (31,850) ~10,000 10,000 Fund Equity - - - ~- - Total Revenues 5,277,210 4,283,402 993,808 81%10,000 5,287,210 Marine Expenditures: Marina Operations 5,119,120 3,908,359 1,210,761 76%150,000 5,269,120 Total Expenditures 5,119,120 3,908,359 1,210,761 76%150,000 5,269,120 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:10,000 Marine Fund Expenditures:150,000 At third quarter, anticipated revenues of the Marine Fund exceed anticipated expenditures by $18,090 for fiscal year 2020/21. Amendments to revenues reflect a transfer of $10,000 from General Fund revenues to provide funding as outlined in the Water Taxi Operating Agreement second renewal,approved by City Council on 11/15/2018. Amendments to expenditures reflect an increase of $150,000.00 transferred to capital project C1905,Beach Marina Upgrades.This increase in expenditures is offset by budgeted revenues. For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW 12 2020/21 Third Qtr.Variance %2020/21 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental - - - ~- - Charges for Service 872,870 659,168 213,702 76%- 872,870 Judgments, Fines and Forfeits 1,600 350 1,250 22%- 1,600 Miscellaneous Revenue 47,500 21,546 25,954 45%- 47,500 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 921,970 681,063 240,907 74%- 921,970 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Operations 866,930 641,830 225,100 74%- 866,930 Total Expenditures 866,930 641,830 225,100 74%- 866,930 Increase/ (Decrease)Amendment Description: Clearwater Harbor Marina Fund Revenues:- Clearwater Harbor Marina Fund Expenditures:- No amendments are proposed to Clearwater Harbor Marina Fund revenues at third quarter. No amendments are proposed to Clearwater Harbor Marina Fund expenditure at third quarter. At third quarter, anticipated revenues of the Clearwater Harbor Marina Fund exceed anticipated expenditures by $55,040 for fiscal year 2020/21. 13 2020/21 Third Qtr.Variance %2020/21 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - ~- - Charges for Service 18,500 10,635 7,865 57%- 18,500 Miscellaneous Revenue 329,360 235,638 93,722 72%- 329,360 Transfers In - - - ~- - Fund Equity 20,000 - 20,000 0%- 20,000 Total Revenues 367,860 246,273 121,587 67%- 367,860 Airpark Expenditures:- Airpark Operations 360,770 268,967 91,803 75%- 360,770 Total Expenditures 360,770 268,967 91,803 75%- 360,770 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:- Airpark Fund Expenditures:- At third quarter, anticipated revenues of the Airpark Fund exceed anticipated expenditures by $7,090 for fiscal year 2020/21. No amendments are proposed to Airpark Fund revenues at third quarter. No amendments are proposed to Airpark Fund expenditures at third quarter. 14 2020/21 Third Qtr.Variance %2020/21 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW PARKING FUND Parking Revenues: Charges for Service 6,230,560 7,012,211 (781,651) 113%2,500,000 8,730,560 Judgments, Fines and Forfeits 800,000 713,364 86,636 89%- 800,000 Miscellaneous Revenue 300,000 93,167 206,833 31%- 300,000 Transfers In 203 31,836 (31,633) 15683%- 203 Fund Equity - - - ~- - Total Revenues 7,330,763 7,850,579 (519,816) 107%2,500,000 9,830,763 Parking Expenditures Engineering/Parking System 4,552,380 3,511,986 1,040,394 77%240,000 4,792,380 Engineering/Parking Enforcement 800,000 529,238 270,762 66%- 800,000 Fire Dept/Beach Guards 971,123 733,654 237,469 76%- 971,123 Seminole Street Boat Ramp 132,840 71,343 61,497 54%- 132,840 Total Expenditures 6,456,343 4,846,220 1,610,123 75%240,000 6,696,343 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:2,500,000 Parking Fund Expenditures:240,000 At third quarter,Parking Fund revenues are increased by $2,500,000,this will bring the budget in line with anticipated revenues for the year. At third quarter,expenditure amendments reflect a net increase of $240,000.00.Amendments include:1)an increase of $120,000.00 to contractual services to fund additional costs due to increased usage of Park Mobile system;2)an increase of $120,000.00 to other charges reflecting increase in credit card processing fees due to increased usage of cashless Park Mobile kiosks. At third quarter, anticipated revenues of the Parking Fund exceed anticipated expenditures by $3,134,420 for fiscal year 2020/21. 15 2020/21 Variance %2020/21 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget GENERAL SERVICES FUND General Services Revenues: Charges for Service 6,009,230 4,586,548 1,422,682 76%- 6,009,230 Miscellaneous Revenues 185,000 74,906 110,094 40%- 185,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 6,194,230 4,661,454 1,532,776 75%- 6,194,230 General Services Expenditures: Administration 443,624 330,363 113,261 74%- 443,624 Building & Maintenance 5,718,756 3,578,764 2,139,992 63%- 5,718,756 Total Expenditures 6,162,380 3,909,127 2,253,253 63%- 6,162,380 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:- General Services Fund Expenditures:- For the Nine Month Period of October 1, 2020 to June 30, 2021 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW At third quarter, anticipated revenues of the General Services Fund exceed anticipated expenditures by $31,850 for fiscal year 2020/21. No amendments are proposed to General Services Fund revenues at third quarter. No amendments are proposed to General Services Fund expenditures at third quarter. 16 2020/21 Variance %2020/21 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2020 to June 30, 2021 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 13,125,520 9,721,547 3,403,973 74%- 13,125,520 Miscellaneous Revenues 180,000 60,027 119,973 33%- 180,000 Transfers In 210 210 - 100%- 210 Fund Equity - - - ~- - Total Revenues 13,305,730 9,781,783 3,523,947 74%- 13,305,730 Administrative Services Expenditures: Info Tech / Admin 408,939 303,037 105,902 74%- 408,939 Info Tech / Network Svcs 4,703,533 3,200,519 1,503,014 68%- 4,703,533 Info Tech / Software Applications 3,272,530 2,464,958 807,572 75%- 3,272,530 Info Tech / Telecommunications 862,372 536,341 326,031 62%- 862,372 Public Comm / Courier 191,636 76,666 114,970 40%- 191,636 Clearwater Customer Service 3,815,660 2,667,456 1,148,204 70%- 3,815,660 Total Expenditures 13,254,670 9,248,977 4,005,693 70%- 13,254,670 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:- Administrative Services Fund Expenditures:- At third quarter, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $51,060 for fiscal year 2020/21. No amendments are proposed to Administrative Services Fund revenues at third quarter. No amendments are proposed to Administrative Services Fund expenditures at third quarter. 17 2020/21 Variance %2020/21 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2020 to June 30, 2021 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW GARAGE FUND Garage Fund Revenues Charges for Service 17,494,420 10,937,720 6,556,700 63%- 17,494,420 Miscellaneous Revenues 1,030,000 457,023 572,977 44%- 1,030,000 Transfers In - - - ~- - Fund Equity 391,770 - 391,770 0%- 391,770 Total Revenues 18,916,190 11,394,744 7,521,446 60%- 18,916,190 Garage Fund Expenditures: Fleet Maintenance 17,760,211 11,593,471 6,166,740 65%- 17,760,211 Radio Communications 1,155,979 757,253 398,726 66%- 1,155,979 Total Expenditures 18,916,190 12,350,724 6,565,466 65%- 18,916,190 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:- Garage Fund Expenditures:- At third quarter, anticipated revenues of the Garage Fund equal anticipated expenditures for fiscal year 2020/21. No amendments are proposed to Garage Fund revenues at third quarter. No amendments are proposed to Garage Fund expenditures at third quarter. 18 2020/21 Variance %2020/21 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2020 to June 30, 2021 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 23,271,960 19,074,621 4,197,339 82%3,062,740 26,334,700 Miscellaneous Revenues 900,000 897,785 2,215 100%135,000 1,035,000 Transfers In - - - ~- - Fund Equity 1,886,270 - 1,886,270 0%1,215,000 3,101,270 Total Revenues 26,058,230 19,972,407 6,085,823 77%4,412,740 30,470,970 Central Insurance Expenditures: Finance / Risk Management 426,898 228,562 198,336 54%- 426,898 HR / Employee Benefits 426,370 185,566 240,804 44%- 426,370 HR / Employee Health Clinic 1,702,340 1,083,350 618,990 64%- 1,702,340 Non-Departmental 23,502,622 21,710,789 1,791,833 92%4,412,740 27,915,362 Total Expenditures 26,058,230 23,208,267 2,849,963 89%4,412,740 30,470,970 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:4,412,740 Central Insurance Fund Expenditures:4,412,740 At third quarter,revenue amendments reflect a net increase of $4,412,740.00.Amendments include an increase of $3,062,740.00 to dependent and retiree health insurance contributions;a decrease of $620,000 to interest earnings; increases totaling $755,000 to insurance recovery revenues; and an increase of $1,215,000 to the use of reserves to balance expenditure increases noted below. At third quarter,expenditure amendments reflect a net increase of $4,412,740.00.Amendments include an increase of $3,062,740.00 to medical insurance claims,which is offset by dependent and retiree health insurance contributions; increases totaling $950,000.00 to liability and workers compensation claims;and an increase of $400,000.00 to liability insurance premiums. At third quarter, anticipated revenues of the Central Insurance Fund equal anticipated expenditures for fiscal year 2020/21. 19 CAPITAL IMPROVEMENT PROGRAM Third Quarter Summary FY 2020/21 20 The amended 2020/21 Capital Improvement Program budget report is submitted for the City Council's third quarter review. The proposed amendment is a net budget increase in the amount of $38,577,718. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following capital improvement budget activity:  Imagine Clearwater – an increase of $37,020,000 to provide total project budget needed.  Carpenter Field Repair/Improve - a budget increase of $150,000 of General Fund revenue.  BayCare Ballpark Repair/Improve – a budget increase of $123,000 of General Fund revenue.  Fencing Replacement Program - a budget increase of $95,000 of General Fund revenue.  Crest Lake Park Improvement - a budget increase of $115,532 in General Fund revenue.  Beach Marina Upgrade - a budget increase of $150,000 of Marine Fund revenue.  Garage – Off Cycle Replacements - a budget decrease of $89,465 of insurance claims proceeds which is now being accounted for in Special Program fund.  Greenprint Implementation – to establish the project and record a budget increase of $300,000 of General Fund revenue.  Pinellas New Mains / Serv Lines – a budget increase of $20,712 in property owners share revenue to bring the budget in line with actual receipts.  Gas System – Pinellas Building – a budget increase $100,000 in Gas Fund revenue. This will correct a budget decrease from mid year that should have been transferred. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval  Natural Gas Vehicle $ 560,000 06/17/21 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Police Equipment Replacement 1 P1802 16,046 To record a budget increase of $16,045.97 transferred in from the special program fund recognizing excess General Fund revenues in 181-99241,Human Trafficking Overtime which is complete.16,046 Imagine Clearwater 2 ENGF180013 37,020,000 * To record a budget increase of $37,020,000.00 representing advanced funding of future penny proceeds of $28,500,000.00 and $8,520,000.00 in revenue yet to be determined.37,020,000 Carpenter Field-Infras Rep/Imprv 3 93203 150,000 To record a budget increase of $150,000.00 of General Fund revenue.150,000 Baycare Ballpark Infrast Rep/Improv 4 93205 123,000 To record a budget increase of $123,000.00 of General Fund revenue.123,000 Morningside Rec Ctr Replacement - CLOSE PROJECT 5 93251 (8,120) To record a budget transfer of $8,119.60 of General Fund revenue to project 93637,Playground &Fitness Purchase & Replacement. This project will be closed.(8,120) Swimming Pool R&R 6 93271 136,000 To record a budget transfer of $136,000.00 of General Fund revenue from project 93635,Park Amenity Purchase and Replacement,as approved by City Council on June 17, 2021.136,000 Long Center Infra Repairs 7 93278 47,532 To record a budget transfer of $15,000.00 of General Fund revenue from project 93654,Recreation Centers Infrastructure Repair,and to record a budget transfer of $32,531.90 of General Fund revenue from project 93654, Recreation Center Infrastructure Repairs,as approved by the City Council on June 17, 2021.47,532 Boardwalks & Docks Rep & Rplcmnt 8 93604 100,000 To record a budget transfer of $100,000.00 of General Fund revenue from project 93673,Jack Russell Stadium Improvements.100,000 CAPITAL IMPROVEMENT PROGRAM Third Quarter Amendments FY 2020/21 21 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Third Quarter Amendments FY 2020/21 Park Amenity Purch & Rplcmnt 9 93635 6,000 (136,000) To record a budget increase of $6,000.00 of donation revenues and a budget transfer of $136,000.00 of General Fund revenue to project 93271,Swimming Pool R&R,as approved by City Council on June 17, 2021.(130,000) Playground & Fitness Purch & Rplc 10 93637 9,600 To record a budget transfer of $8,119.60 of General Fund revenue from project 93251,Morning Recreation Center Replacement,and to record a budget transfer of $1,480.14 of General Fund revenue from project 93648,Moccasin Lake Park Master Plan.9,600 Fencing Replacement Program 11 93638 95,000 To record a budget increase of $95,000.00 of General Fund revenue.95,000 Phillip-Jones Restroom/Concession 12 93642 50,000 To record a budget transfer of $34,483.71 of General Fund revenue from project 93673,Jack Russell Stadium Improvements,and a budget transfer of $15,516.29 of infrastructure sales tax (Penny)revenue from project 93652, Countryside Complex Rest/Concession.50,000 Moccasin Lake Park Master Plan - CLOSE PROJECT 13 93648 (1,480) To record a budget transfer of $1,480.14 of General Fund revenue to project 93637,Playground &Fitness Purch & Rplc. This project will be closed.(1,480) Crest Lake Park Improvement 14 93650 115,532 To record a budget increase of $115,532.00 of General Fund revenue to fund the purchase of park maintenance equipment.115,532 Countryside Complex Rest/Conces - CLOSE PROJECT 15 93652 (15,516) To record a budget transfer of $15,516.29 of infrastructure sales tax (Penny)revenue to project 93642,Phillip-Jones Rest/Concession. This project will be closed.(15,516) 22 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Third Quarter Amendments FY 2020/21 Recreation Centers Infras Repairs 16 93654 (47,532) To record a budget transfer of $15,000.00 of General Fund revenue to project 93278,Long Center Infrastructure Repairs,and to record a budget transfer of $32,531.90 of General Fund revenue to project 93278,Long Center Infrastructure &Repairs,as approved by the City Council on June 17, 2021.(47,532) Jack Russell Stadium Improvements 17 93673 (134,484) To record a budget transfer of $34,483.71 of General Fund revenue to project 93642,Phillip-Jones Rest/Concession and a budget transfer of $100,000.00 of General Fund revenue to project 93604,Boardwalk &Dock Repair & Replacement.(134,484) Ed Wright Park Renovations 18 C2002 (150,000) To record a budget transfer of $150,000.00 of infrastructure sales tax (Penny)revenue to project M1915, Belmont Park Revitalization,as approved by the City Council on August 5, 2021.(150,000) Belmont Park Revitalization 19 M1915 150,000 To record a budget transfer of $150,000.00 of infrastructure sales tax (Penny)revenue from project C2002,Ed Wright Park Renovations,as approved by the City Council on August 5, 2021.150,000 Beach Marina Upgrade 20 C1905 150,000 To record a budget increase of $150,000.00 of marina fund revenues.150,000 Garage - Off Cycle Replacements 21 L1911 (89,465) To record budget decrease of $89,465.12 in insurance claims proceeds which is now being accounted for in special program fund.(89,465) Greenprint Implementation - NEW PROJECT 22 C2106 300,000 To establish the project and record a budget increase of $300,000.00 of General Fund revenue.300,000 Line Relocation - Pasco Maint 23 96376 548 * To record a budget increase of $547.60 in property owners share revenue.This will bring the project budget in line with revenues received.548 23 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Third Quarter Amendments FY 2020/21 Pinellas New Mains / Serv Lines 24 96377 20,712 * To record a budget increase of $20,712.35 in property owners share revenue.This will bring the project budget in line with revenues received.20,712 Gas System - Pinellas Building 25 96384 100,000 * To record a budget increase of $100,000.00 in gas fund revenue.This will correct a budget decrease from mid year that should have been transferred.100,000 Expanded Energy Conservation 26 96386 10,345 * To record a budget increase of $10,345.41 in property owner share revenues to bring the project budget in line with revenues received.10,345 Natural Gas Vehicle 27 96387 560,000 To record a budget transfer of $560,000.00 of gas fund revenue, as approved by City Council on June 17, 2021.560,000 38,577,718 - - 38,577,718 Gas System - Pinellas Building 96384 100,000 To record a transfer of $100,000.00 in gas fund revenue to project 92842,City Wayfinding as approved by Council May 20, 2021. TOTAL INTERFUND TRANSFERS:100,000 TOTAL INTERFUND TRANSFERS 24 * indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2020 to June 30, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/20 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Police Protection P1802 Police Equipment Replacement 499,698 533,140 16,046 549,186 464,186 49,884 35,116 1 P1803 Command Bus Refurbishment 200,000 200,000 - 200,000 - 116,235 83,765 P1902 Police Information Systems 400,000 400,000 - 400,000 357,945 - 42,055 P2102 Training Range Sound Mitigation - 820,000 - 820,000 20,365 781,146 18,489 PD00180001 Police District 3 Station 12,500,000 13,050,000 - 13,050,000 925,401 11,351,570 773,029 Sub-Total 13,599,698 15,003,140 16,046 15,019,186 1,767,897 12,298,835 952,454 Fire Protection 91218 Fire Engine Replacement 4,174,786 4,164,216 - 4,164,216 2,791,668 1,334,223 38,326 91221 EMS Capital Equipment 1,165,710 1,031,480 - 1,031,480 1,031,480 - (0) C 91229 Replace & Upgrade Airpacks 1,146,680 1,146,680 - 1,146,680 849,291 39,368 258,021 91236 Rescue Vehicle 312,500 312,500 - 312,500 230,452 45,478 36,570 91244 Aerial Truck 3,068,781 3,218,514 - 3,218,514 2,653,479 - 565,034 91257 AED Program 265,230 265,230 - 265,230 171,449 - 93,781 91260 Thermal Imaging Cameras 280,270 280,270 - 280,270 148,954 - 131,316 91261 Personal Protection Equip 2,364,250 2,364,250 - 2,364,250 2,001,085 - 363,165 91262 SCBA Upgrade - Fill Station 125,000 125,000 - 125,000 82,366 - 42,634 91263 Extrication Tools 177,000 177,000 - 177,000 125,708 - 51,292 91264 Fire Hose Replacement 501,010 501,010 - 501,010 301,045 - 199,965 91271 Fire Boat 1,008,363 1,008,363 - 1,008,363 619,808 74,363 314,192 FD00190001 Fire Station 46 - Beach 6,372,693 6,372,693 - 6,372,693 524,271 716,312 5,132,110 FD00190002 Fire Station 47 Replacement 4,839,441 4,839,441 - 4,839,441 979,688 325,659 3,534,094 M2005 Fire Training Tower 200,286 200,286 - 200,286 52,987 - 147,299 ENGF190002 Beach Guard Tower 208,239 208,239 - 208,239 67,937 - 140,302 ENGF200002 Beach Guard Admin Building 30,000 50,000 - 50,000 37,283 - 12,717 Sub-Total 26,240,238 26,265,170 - 26,265,170 12,668,950 2,535,403 11,060,817 Major Street & Sidewalk Maintenance C2102 Fort Harrison Reconstruction - 5,026,766 - 5,026,766 - - 5,026,766 C2103 Downtown Streetscaping - 15,864,691 - 15,864,691 114,559 14,912,718 837,414 C2105 Mercado - Downtown Gateway - 500,000 - 500,000 - - 500,000 ENRD180002 Bridge Maintenance & Improve 7,802,997 7,802,997 - 7,802,997 801,953 104,844 6,896,201 ENRD180003 Traffic Calming 2,055,031 2,055,031 - 2,055,031 395,044 - 1,659,987 ENRD180004 Streets and Sidewalks 17,482,744 17,482,744 - 17,482,744 9,354,422 2,737,798 5,390,524 ENGF180001 Downtown Streetscaping 6,735,405 1,644,610 - 1,644,610 1,634,488 10,123 0 C ENGF200001 Redesign Fort Harrison/Myrtle 2,000,000 - - - - - - C Sub-Total 36,076,177 50,376,840 - 50,376,840 12,300,466 17,765,482 20,310,892 Intersections ENRD180005 City-Wide Intersection Improve 2,510,540 2,510,540 - 2,510,540 866,266 - 1,644,274 ENRD180006 Traffic Signals 1,144,434 1,144,534 - 1,144,534 660,834 178,567 305,133 ENRD180007 Traffic Safety Infrastructure 1,209,265 1,209,265 - 1,209,265 656,997 137,764 414,504 Sub-Total 4,864,239 4,864,339 - 4,864,339 2,184,097 316,331 2,363,911 Parking ENPK180001 Parking Lot Resurfacing 708,476 708,476 - 708,476 31,609 - 676,867 ENPK180002 Parking Lot Improvements 1,778,802 1,778,802 - 1,778,802 570,502 - 1,208,300 ENPK180003 Parking Facilities 1,985,348 1,985,348 - 1,985,348 813,784 187,835 983,730 Sub-Total 4,472,627 4,472,627 - 4,472,627 1,415,895 187,835 2,868,897 Miscellaneous Engineering 92842 City Wayfinding Project 1,450,000 2,050,000 - 2,050,000 241,284 970,377 838,339 C2004 Lift Stations - General Gov 2,000,000 1,450,000 - 1,450,000 176,245 14,538 1,259,217 ENGF180002 Downtown Intermodal 924,756 924,756 - 924,756 - - 924,756 ENGF180003 Miscellaneous Engineering 309,146 309,146 - 309,146 85,347 - 223,800 ENGF180004 Survey Equipment Replacement 27,288 27,288 - 27,288 - - 27,288 ENGF180013 Imagine Clearwater 16,241,322 47,641,322 37,020,000 84,661,322 10,593,954 14,421,674 59,645,694 2 ENGF200003 Memorial Causeway Bridge Lighting 1,600,000 200,000 - 200,000 152,656 - 47,344 Sub-Total 22,552,513 52,602,513 37,020,000 89,622,513 11,249,485 15,406,589 62,966,439 25 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2020 to June 30, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/20 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Park Development 93133 Park Land Acquisition 1,331,351 1,627,351 - 1,627,351 1,623,963 - 3,388 93203 Carpenter Field-Infras Rep/Imprv 682,817 682,817 150,000 832,817 624,819 4,707 203,291 3 93205 Baycare Ballpark Infrast Rep/Improv 3,532,272 3,532,272 123,000 3,655,272 3,475,360 44,914 134,998 4 93247 Fitness Equipment Replacement 520,000 520,000 - 520,000 434,088 14,949 70,963 93251 Morningside Rec Ctr Replacement 7,189,000 7,320,652 (8,120) 7,312,532 7,312,532 - 0 C 5 93271 Swimming Pool R&R 1,406,876 1,406,876 136,000 1,542,876 1,090,228 3,950 448,698 6 93272 Bicycle Paths-Bridges 5,495,232 5,420,232 - 5,420,232 3,971,105 32,740 1,416,387 93278 Long Center Infra Repairs 2,233,283 2,233,283 47,532 2,280,815 2,097,307 22,995 160,514 7 93286 Parking Lot/Bike Path Rsr/Imprv 951,618 951,618 951,618 610,327 - 341,291 93602 Sp Events Equip Rep & Rplcmnt 360,000 360,000 - 360,000 323,389 - 36,611 93604 Brdwlks & Docks Rep & Rplcmnt 665,000 665,000 100,000 765,000 601,727 62,280 100,994 8 93612 McMullen Tennis Complex 878,103 867,467 - 867,467 867,467 - - C 93618 Miscellaneous Park & Rec Contract 475,000 635,000 - 635,000 492,459 35,969 106,572 93620 Sports Field Lighting 725,362 725,362 - 725,362 257,673 39,304 428,386 93633 Pier 60 Pk & Bchwlk Rep & Improv 1,339,377 1,339,377 - 1,339,377 1,034,212 32,783 272,382 93634 Concrete Sidewalk & Pad Repair 428,176 428,176 - 428,176 288,162 - 140,014 93635 Park Amenity Purch & Rplcmnt 1,377,800 1,265,210 (130,000) 1,135,210 902,181 53,017 180,012 9 93636 Tennis Court Resurfacing 900,310 900,311 - 900,311 801,277 330 98,703 93637 Playground & Fitness Purch & Rplc 1,198,599 1,198,599 9,600 1,208,198 939,509 186,988 81,701 10 93638 Fencing Replacement Program 984,664 984,664 95,000 1,079,664 747,686 - 331,978 11 93642 Phillip-Jones Restroom/Concess 507,944 507,944 50,000 557,944 272,663 9,025 276,255 12 93646 Rest Rm Expan-Barefoot Bch House 520,950 520,950 - 520,950 513,892 750 6,308 93648 Moccasin Lake Park Master Plan 1,182,432 1,205,657 (1,480) 1,204,177 1,204,177 - - C 13 93650 Crest Lake Park Improvement 7,500,000 7,575,000 115,532 7,690,532 7,321,691 191,027 177,815 14 93652 Countryside Complex Restroom/Conces 4,099,500 4,104,500 (15,516) 4,088,984 4,088,984 - - C 15 93654 Recreation Centers Infras Repairs 670,000 670,000 (47,532) 622,468 387,034 42,295 193,140 16 93667 Del Oro Park Renovations 450,000 450,000 - 450,000 1,543 - 448,457 93668 Showmaster Portable Stage 200,000 142,743 - 142,743 142,743 - - C 93672 Clw Bch Infrast Repairs & Improve 397,690 397,690 - 397,690 361,368 - 36,323 93673 Jack Russell Stadium Improve 1,289,066 1,289,066 (134,484) 1,154,582 1,051,529 - 103,053 17 A1901 Miscellaneous Minor Public Art 112,785 177,079 - 177,079 60,625 - 116,454 C1902 Long Center Parking Improve 550,000 550,000 - 550,000 4,400 491,959 53,641 C1903 Phillies Entrance Sign 150,000 150,000 - 150,000 - - 150,000 C1904 Ruth Eckerd Hall 8,500,000 8,500,000 - 8,500,000 7,000,000 - 1,500,000 C2001 Athletic Flds & Fac Reno/Improve 7,500,000 7,500,000 - 7,500,000 - - 7,500,000 C2002 Ed Wright Park Renovations 750,000 750,000 (150,000) 600,000 - - 600,000 18 L1901 P&R Vehicle and Equip Additions 440,210 440,210 - 440,210 420,093 - 20,117 M1901 Countryside Sports Complex Reno 150,000 - - - - - - C M1915 Belmont Park Revitalization 382,909 477,909 150,000 627,909 19,300 5,865 602,744 19 M2002 Environ Park Remediate & Protect 100,000 100,000 - 100,000 - - 100,000 M2006 Right of Way Tree Mgt Prog 500,000 500,000 - 500,000 56,686 - 443,314 ENGF180007 Phillip Jones Park Renovations 224,726 224,726 - 224,726 51,704 10,994 162,028 Sub-Total 68,853,052 69,297,741 489,532 69,787,273 51,453,902 1,286,840 17,046,531 Marine Facilities 93410 Clwr Harbor Marina Maint R&R 310,000 322,500 - 322,500 312,811 - 9,689 93415 Waterway Maintenance 600,000 600,000 - 600,000 447,032 31,340 121,628 93418 Utilities Services Replacement 462,714 462,714 - 462,714 170,456 - 292,258 93420 Fuel System R & R 182,752 182,752 - 182,752 148,003 - 34,749 93422 Dredging of City Waterways 1,146,204 1,146,204 - 1,146,204 483,487 - 662,717 93499 Pier 60/Sailing Center Maint 541,952 541,952 - 541,952 330,123 13,400 198,428 C1905 Beach Marina Upgrade 1,000,000 1,000,000 150,000 1,150,000 7,821 - 1,142,179 20 C1906 Clw Harbor Marina Repl & Up 306,000 306,000 - 306,000 59,630 87,450 158,919 ENGF180006 City-wide Docks and Seawall 2,286,739 2,286,739 - 2,286,739 1,294,552 - 992,188 ENGF180014 Seminole Boat Launch Improve 6,752,000 6,752,000 - 6,752,000 4,224,621 48,315 2,479,065 M1902 Marine Fac Maint Dock R&R 414,970 414,970 - 414,970 278,064 - 136,906 M2102 Seminole Boat Launch Maint 10,000 215,125 - 215,125 - 18,948 196,177 Sub-Total 14,013,331 14,230,956 150,000 14,380,956 7,756,601 199,453 6,424,902 26 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2020 to June 30, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/20 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Airpark 94817 Airpark Maintenance & Repair 269,000 313,976 - 313,976 248,359 - 65,618 94886 Clw Airpark Masterplan Update 110,000 109,325 - 109,325 109,325 - - C 94894 Ground Support Equip Upgrade 100,000 54,560 - 54,560 54,560 - - C G1901 Replace Hangar C 1,205,000 1,305,000 - 1,305,000 354,701 833,802 116,497 G1908 Clw Airpark FDOT Security Grant 80,000 71,232 - 71,232 71,232 - - C G2009 Ground Support Equip Replace 19,467 19,467 - 19,467 19,467 - - C G2012 Clw Airpark Vehicle Replace 32,018 32,018 - 32,018 30,673 - 1,345 G2108 Security System Upgrade 150,000 150,000 - 150,000 66,434 7,169 76,397 Sub-Total 1,965,485 2,055,578 - 2,055,578 954,750 840,971 259,856 Libraries 93527 Books & Other Lib Materials 7,696,601 7,696,601 - 7,696,601 7,606,733 37,157 52,711 93530 Consolidated Eastside/SPC Libr 6,250,000 5,430,000 - 5,430,000 5,300,608 - 129,392 93532 Libr Maker Space Maint. & Up 282,560 282,560 - 282,560 199,945 - 82,615 93534 Library FF&E Repair & Replace 395,000 395,000 - 395,000 135,963 2,950 256,087 93535 Countryside Library Demolition 75,000 75,000 - 75,000 - - 75,000 94861 Library Technology 1,500,000 1,500,000 - 1,500,000 1,309,926 10,317 179,757 Sub-Total 16,199,161 15,379,161 - 15,379,161 14,553,175 50,424 775,562 Garage 94233 Motorized Equip-Cash 2,279,456 2,283,245 - 2,283,245 2,222,453 - 60,792 94238 Police Vehicles 2,502,032 2,502,032 - 2,502,032 2,377,239 72,618 52,175 94246 Fleet Management & Mapping 710,000 710,000 - 710,000 529,007 - 180,993 94627 Misc Budgetary Vehicle Addition 191,617 183,449 - 183,449 183,449 - - C C1901 Beach Radio Tower 852,370 852,370 - 852,370 - - 852,370 GSFL180001 Fleet Facility R&R 569,520 569,520 - 569,520 49,479 1,141 518,900 L1910 Motorized Equip Replace - LP 13,935,127 13,635,127 - 13,635,127 10,274,352 1,797,740 1,563,034 L1911 Garage - Off Cycle Replacements 235,227 589,465 (89,465) 500,000 205,544 112,981 181,475 21 M2010 P25 Radio Equipment & Infrast 543,104 543,104 - 543,104 - - 543,104 Sub-Total 21,818,453 21,868,312 (89,465) 21,778,847 15,841,523 1,984,480 3,952,844 Maintenance of Buildings C1907 City Hall Hardening 100,000 25,000 - 25,000 25,000 - - C C1909 City Hall Move 383,085 380,165 - 380,165 380,165 - - C ENGF180012 Public Works Complex 1,615,664 1,615,664 - 1,615,664 1,926 - 1,613,738 GSBM180001 Air Cond Replace-City Wide 1,354,436 1,354,436 - 1,354,436 812,086 12,000 530,350 GSBM180002 Flooring for Facilities 1,302,837 1,302,837 - 1,302,837 762,259 2,594 537,984 GSBM180003 Roof Repair and Replacement 1,945,409 1,954,213 - 1,954,213 1,141,618 2,956 809,639 GSBM180004 Painting of Facilities 692,923 692,923 - 692,923 158,091 41,784 493,048 GSBM180005 Fencing of Facilities 158,170 158,170 - 158,170 73,199 - 84,970 GSBM180006 Light Replacement & Repair 578,197 578,197 - 578,197 312,726 - 265,470 GSBM180007 Elevator Refurbish/Modern 660,576 660,576 - 660,576 11,118 - 649,458 GSBM180008 B&M Vehicle & Equipment 1,668,377 1,668,377 - 1,668,377 781,068 1,522 885,788 GSBM180009 New A/C Chiller System 4,850,000 4,850,000 - 4,850,000 1,752,713 27,750 3,069,537 GSBM180010 General Services R&R 400,000 400,000 - 400,000 307,892 - 92,108 GSBM180011 Generator Maintenance 600,000 600,000 - 600,000 - - 600,000 GSBM180012 General Faci Bldg Major Reno 2,035,242 2,035,242 - 2,035,242 256,834 - 1,778,409 C2101 North Ward Preservation - 77,920 77,920 29,098 - 48,822 L1902 B&M Vehicle & Equipment 65,000 65,000 - 65,000 35,046 - 29,955 Sub-Total 18,409,916 18,418,720 - 18,418,720 6,840,840 88,606 11,489,274 27 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2020 to June 30, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/20 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous 94729 City-wide Connect Infra 4,223,089 4,223,089 - 4,223,089 3,725,400 - 497,690 94736 Geographic Information Sys 1,185,997 1,185,997 - 1,185,997 954,455 - 231,542 94828 Financial Systems Upgrades 4,108,165 4,108,165 - 4,108,165 2,682,407 163,249 1,262,510 94829 CIS Upgrades / Replacement 1,297,376 1,297,376 - 1,297,376 432,023 - 865,353 94830 MS Licensing / Upgrades 1,150,000 1,150,000 - 1,150,000 842,601 16,201 291,198 94833 Computer Monitors 419,828 419,828 - 419,828 392,266 - 27,562 94850 Backfile Conversion of Records 500,000 500,000 - 500,000 187,660 - 312,340 94857 Accela Permit & Code Enforce 350,000 350,000 - 350,000 274,479 - 75,521 94873 Citywide Camera System 310,000 310,000 - 310,000 221,664 - 88,336 94874 City Enterprise Timekeep Sys 335,000 335,000 - 335,000 202,802 5,620 126,578 94880 Granicus Agenda Mgt Sys 185,000 185,000 185,000 41,136 - 143,864 94883 Business Proc Review & Improve 750,000 750,000 750,000 311,925 369 437,706 94888 City EOC & Disaster Recovery Fac 3,360,000 3,360,000 3,360,000 3,133,537 40,196 186,267 C2006 ADA Transition Plan 600,000 600,000 600,000 97,185 - 502,815 C2007 Citywide Audio/Visual Solutions 190,053 190,053 190,053 - - 190,053 C2106 Greenprint Implementation - - 300,000 300,000 - - 300,000 22 ENGF180010 Pollutant Storage Tank 399,408 399,408 - 399,408 43,380 - 356,028 ENGF180011 Environmental Assmt & Clean-up 713,636 713,636 - 713,636 105,562 22,398 585,676 L1906 Telecommunications Upgrade 769,047 769,047 - 769,047 - - 769,047 L1907 IT Disaster Recovery 280,396 280,396 - 280,396 57,869 - 222,527 L1908 Network Infra & Server R&R 1,693,191 1,693,191 - 1,693,191 1,132,098 136,597 424,496 M1911 IT Disaster Recovery Equipment 125,000 125,000 - 125,000 - - 125,000 M1912 Network Infra & Server Upgrade 223,226 223,226 - 223,226 96,803 - 126,423 M1914 Sustainability Initiatives 200,000 200,000 200,000 47,740 3,970 148,290 M2007 City EOC Maintenance 75,000 75,000 75,000 - - 75,000 Sub-Total 23,443,412 23,443,412 300,000 23,743,412 14,982,993 388,600 8,371,820 UTILITIES Stormwater Utility ENST180001 Stormwater Pipe System Improve 11,816,127 11,816,127 - 11,816,127 2,736,373 3,090,585 5,989,169 ENST180002 Allen's Creek 2,816,271 2,816,271 - 2,816,271 2,509,926 2,287 304,058 ENST180003 Stormwater System Expansion 1,869,326 869,326 - 869,326 - - 869,326 ENST180004 Stevenson Creek 5,229,146 2,729,146 - 2,729,146 37,612 - 2,691,535 ENST180005 Coastal Basin 6,076,807 4,296,950 - 4,296,950 1,949,196 189,337 2,158,417 ENST180006 Alligator Creek Watershed 6,386,592 3,386,592 - 3,386,592 397,085 239,183 2,750,324 ENST180008 Hillcrest Bypass Culvert 4,096,167 4,096,167 - 4,096,167 3,611,508 - 484,658 ENST180010 Lower Spring Branch Improve 2,320,000 2,320,000 - 2,320,000 236,810 72,234 2,010,956 C1908 Stormwater Vehicles & Equip 3,675,500 3,675,500 - 3,675,500 3,192,934 38,472 444,094 Sub-Total 44,285,936 36,006,079 - 36,006,079 14,671,443 3,632,097 17,702,538 Water System 96721 System R & R - Maintenance 5,065,686 5,065,686 - 5,065,686 2,838,222 172,620 2,054,844 96722 Line Relocation - Maintenance 10,541,545 7,868,140 - 7,868,140 2,706,769 48,952 5,112,419 96739 Reclaimed Water Dist Sys 46,666,014 46,666,014 - 46,666,014 45,375,997 418,607 871,410 96742 Line Relocation-Capitalized 5,669,275 5,669,275 - 5,669,275 4,255,780 - 1,413,495 96744 System Expansion 3,473,043 3,473,043 - 3,473,043 3,146,118 - 326,925 96764 RO Plant Exp Res #1 15,869,527 15,869,527 - 15,869,527 13,159,771 - 2,709,756 96767 RO Plant at Res #2 43,095,439 43,095,439 - 43,095,439 41,721,004 948,343 426,093 96773 Groundwater Replenishm Fac 20,900,118 20,900,118 - 20,900,118 5,902,487 - 14,997,631 96782 RO Plant @WTP #3 1,599,594 1,599,594 - 1,599,594 343,596 7,229 1,248,769 96783 Water Sys Upgrades/Improve 7,803,600 7,803,600 - 7,803,600 1,125,336 420,962 6,257,302 96784 Reclaim Water Distrib Sys R&R 2,095,253 1,518,976 - 1,518,976 849,582 483,394 186,000 96785 Feasibility Studies/Evalu - Water 3,705,000 3,705,000 - 3,705,000 2,212,416 277,133 1,215,451 96786 Devices/Equipments - Water 600,000 600,000 - 600,000 - - 600,000 L1905 Vehicle & Equipment - Water 125,212 125,212 - 125,212 125,212 - - C M1908 RO Plant Exp Res #1 R&R 1,000,000 1,000,000 - 1,000,000 39,535 2,664 957,800 M1909 RO Plant at Res #2 R&R 1,050,000 1,050,000 - 1,050,000 65,927 1,588 982,485 M1910 Water Treatment Plant #3 R&R 448,851 448,851 - 448,851 1,427 1,588 445,836 M2103 Utilities Bldg & Maint - - - - - - - C Sub-Total 169,708,155 166,458,474 - 166,458,474 123,869,179 2,783,079 39,806,216 28 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2020 to June 30, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/20 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Sewer System 96212 Sanitary Sewer Upgrades/Impr 18,701,511 18,701,511 - 18,701,511 7,114,841 3,095,322 8,491,349 96213 Marshall Street Upgrades/Impr 11,644,299 11,644,299 - 11,644,299 4,085,767 5,816,294 1,742,238 96214 East Plant Upgrades/Improve 4,020,000 4,020,000 - 4,020,000 342,044 92,433 3,585,523 96215 N.E. Plant Upgrades/Improve 23,660,120 28,660,120 - 28,660,120 1,673,722 20,707,766 6,278,632 96216 Laboratory Upgrade/Improve 1,155,079 1,155,079 - 1,155,079 12,168 2,690 1,140,222 96217 Pump Station R&R 1,950,192 1,950,192 - 1,950,192 588,687 7,939 1,353,566 96630 Sanitary Sewer Extension 14,944,528 14,944,528 - 14,944,528 12,570,807 48,907 2,324,815 96634 Sanitary Sewer Relocation 5,356,666 4,385,542 - 4,385,542 3,506,320 72,713 806,509 96645 Laboratory Upgrade & R&R 1,146,761 1,146,761 - 1,146,761 1,126,761 - 20,000 96654 Facilities Upgrade & Improve 13,489,876 13,489,876 - 13,489,876 10,530,968 258,998 2,699,911 96664 Water Pollution Control R & R 31,066,864 26,066,864 - 26,066,864 17,374,391 1,067,746 7,624,727 96665 Sanitary Sewer R&R 47,513,458 47,213,458 - 47,213,458 33,779,543 8,398,381 5,035,534 96686 Pump Station Replacement 9,332,747 9,332,747 - 9,332,747 4,281,020 1,661,429 3,390,298 L1903 Generators - Sewer Fund 404,250 404,250 - 404,250 404,250 - - C L1904 Vehicle & Equip-Sewer 498,701 498,701 - 498,701 498,701 - - C M1905 Marshall Street Plant R&R 2,900,000 2,900,000 - 2,900,000 69,207 328,910 2,501,883 M1906 Northeast Plant R&R 1,219,313 1,219,313 - 1,219,313 471,311 169,934 578,068 M1907 East Plant R&R 3,320,000 3,320,000 - 3,320,000 235,866 51,050 3,033,084 M2008 Vehicle and Equip-Sewer 26,000 26,000 - 26,000 25,245 - 755 Sub-Total 192,350,365 191,079,241 - 191,079,241 98,691,618 41,780,510 50,607,113 Gas System 96358 Environmental Remediation 2,134,794 2,134,794 - 2,134,794 1,779,932 38,353 316,509 96365 Line Relocation-Pinellas Maint 781,106 781,106 - 781,106 551,258 - 229,848 96367 Gas Meter Change Out-Pinellas 4,113,000 4,113,000 - 4,113,000 4,020,126 - 92,874 96374 Line Relocation-Pinellas Capital 2,733,500 2,733,500 - 2,733,500 2,382,965 7,000 343,535 96376 Line Relocation - Pasco Maint 308,593 308,593 548 309,140 143,245 - 165,896 23 96377 Pinellas New Mains / Serv Lines 35,310,791 35,375,937 20,712 35,396,650 34,405,341 - 991,308 24 96378 Pasco New Mains / Serv Lines 22,876,741 22,886,980 - 22,886,980 21,280,427 66,406 1,540,147 96379 Pasco Gas Meter Change Out 1,142,821 1,142,821 - 1,142,821 829,312 - 313,509 96381 Line Reloc-Pasco-Capitalized 1,209,151 1,239,160 - 1,239,160 949,117 786 289,257 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 - 992,000 856,268 - 135,732 96384 Gas System - Pinellas Building 28,857,855 28,757,855 100,000 28,857,855 27,517,089 265,590 1,075,176 25 96385 Gas Main Extensions 1,807,845 1,807,845 - 1,807,845 1,496,595 - 311,250 96386 Expanded Energy Conservation 13,609,835 13,618,243 10,345 13,628,589 11,843,133 428 1,785,029 26 96387 Natural Gas Vehicle 6,724,584 6,724,584 560,000 7,284,584 4,677,771 109,536 2,497,277 27 96389 Future IMS Software & Hardware 950,000 950,000 - 950,000 354,293 - 595,707 96390 Gas Vehicle Additions 473,294 460,100 - 460,100 460,100 - (0) C 96391 Gas System Pasco Building 450,000 450,000 - 450,000 - - 450,000 M1904 Pinellas Building Equip R&R 600,000 600,000 - 600,000 - - 600,000 Sub-Total 125,075,908 125,076,518 691,605 125,768,123 113,546,971 488,098 11,733,054 Solid Waste & Recycling 96426 Facility R & R - 2,902,608 - 2,902,608 1,839,197 6,950 1,056,461 96443 Res Container Acquisition - 2,201,741 - 2,201,741 1,644,188 - 557,552 96444 Comm Container Acquisition 4,445,420 4,445,420 - 4,445,420 3,769,664 45 675,711 96445 Solar Trash & Recycling Kiosks 339,414 339,414 - 339,414 239,182 - 100,232 96448 Solid Waste CNG Station 150,000 150,000 - 150,000 - - 150,000 96449 Solid Waste Truck Wash Fac 555,500 555,500 - 555,500 - - 555,500 C2005/L2005 Underground Refuse Program 1,695,090 1,695,090 - 1,695,090 879,852 507,910 307,328 96804 Recycling Carts/Dumpsters 1,396,650 1,396,650 - 1,396,650 879,567 - 517,083 96805 Recycling Expan/Particip/R&R 1,331,525 1,331,525 - 1,331,525 1,213,802 - 117,723 96811 Purchase Transfer Tractors 408,000 395,983 - 395,983 395,983 - - C SR00180003 Processing Ctr Building Replace 3,862,633 3,862,633 - 3,862,633 4,396 - 3,858,237 SRTS180001 S.W.Transfer Station Rebuild 19,650,130 19,650,130 - 19,650,130 19,045,654 41,976 562,500 Sub-Total 33,834,361 38,926,693 - 38,926,693 29,911,486 556,881 8,458,327 Utility Miscellaneous 96523 Pub Utilities Adm Bldg R&R 556,703 556,703 - 556,703 436,694 - 120,009 96526 Public Utility Admin Building 904,306 904,306 - 904,306 - - 904,306 Sub-Total 1,461,009 1,461,009 - 1,461,009 436,694 - 1,024,315 TOTAL ALL PROJECTS 839,224,036 877,286,522 38,577,718 915,864,240 535,097,965 102,590,513 278,175,762 29 Special Program Fund Third Quarter Budget Amendments October 1, 2020 - June 30, 2021Increase/ Amdmt Program (Decrease)Intrafund Net BudgetNumberNumberAmountTransfer Amount Description Amendment General Government Programs Housing Consulting Services - CLOSE PROGRAM 1 99421 (65,666) To record a budget transfer of $65,666.40 in General Fund revenues to program M2105,ED Strategic Plan.This program will be closed. (65,666) American Rescue Plan Act Fund - NEW PROGRAM 2 G2109 11,241,947 To establish the program and record a budget increase of $11,241,946.50 in grant revenues from the American Rescue Plan Act, this will bring the budget in line with revenues received.11,241,947 General Government Totals:11,241,947 (65,666) 11,176,280 Public Safety Programs Foreclosure Registry - Nuisance Abatement 3 98609 3,900 To record a budget increase of $3,900.00 which represents foreclosure registry fees collected to date to bring the budget in line with actual receipts.3,900 Police Extra Duty 4 99215 270,484 To record a budget increase of $270,484.40 in police service revenue to bring the budget in line with actual receipts. 270,484 Police Education Fund 5 99317 7,474 To record a budget increase of $7,474.23 in police education fine revenue which will bring the budget in line with actual receipts.7,474 Investigative Costs Recovery 6 99329 59,765 To record a budget increase of $14,386.31 in grant revenues;an increase of $30,378.45 in fines,forfeitures and penalties revenue; and an increase of $15,000.00 transferred from the capital fund for asset transfer of former police boat. 59,765 Florida Contraband Forfeiture Fund 7 99330 32,918 (10,873) To record a budget increase of $32,918.14 in fines,forfeitures and penalties revenue which will bring the budget in line with actual receipts;and a transfer of $10,873.32 in fines,forfeitures,and penalties revenue to 99356, Safe Neighborhood Program.22,045 Vehicle Replacement Fund 8 99350 138,428 To record a budget increase of $138,427.79 in insurance claims revenue which will bring the budget in line with actual receipts.138,428 Safe Neighborhood Program 9 99356 10,873 To record a transfer $10,873.32 in fines,forfeitures,and penalties revenue from 99330, Florida Contraband Forfeiture Fund.10,873 30 Special Program Fund Third Quarter Budget Amendments October 1, 2020 - June 30, 2021Increase/ Amdmt Program (Decrease)Intrafund Net BudgetNumberNumberAmountTransfer Amount Description Amendment Public Safety Programs (continued) Crime Prevention Program 10 99364 25,000 To record a budget increase of $25,000.00 in donation revenues. This will bring the budget in line with actual receipts.25,000 Federal Forfeiture Sharing 11 99387 11,342 To record an increase of $10,891.58 in grant revenues from the US Department of Justice,and $450.00 in miscellaneous revenues which will bring the budget in line with actual receipts.11,342 School Resource Officers 12 P1801 20,157 To record a budget increase of $20,157.37 in reimbursement revenue from the Pinellas County School Board for SRO extra duty in fiscal year 2020/21.This will bring the budget in line with revenues received.20,157 Pedestrian/Bicycle Safety Grant 2022 - NEW PROGRAM 13 G2110 21,455 To establish the program and record a budget increase of $21,455.01 in grant revenues from the University of North Florida to fund the fiscal year 2021/22 Pedestrian and Bicycle Safety Grant as approved by Council on August 19, 2021.21,455 Public Safety Program Totals:590,923 - 590,923 Physical Environment Programs Tree Replacement Program 14 99970 25,296 To record a budget increase of $25,296.00 in fines,forfeiture and penalties revenue to bring the budget in line with actual receipts.25,296 Physical Environment Programs Program: Totals:25,296 - 25,296 Economic Environment Programs Public Facilities 2020 15 G2004 (30,000) To record a budget transfer of $30,000.00 in Community Development Block Grant revenues to G2201,Public Facilities 2022. (30,000) Program Administration 2020 - CLOSE PROGRAM 16 G2006 (87,219) To record a budget transfer of $87,219.03 in Community Development Block Grant (CDBG)revenue to G2201,Public Facilities 2022. (87,219) 31 Special Program Fund Third Quarter Budget Amendments October 1, 2020 - June 30, 2021Increase/ Amdmt Program (Decrease)Intrafund Net BudgetNumberNumberAmountTransfer Amount Description Amendment Economic Environment Programs (Continued) Public Services 2020 - CLOSE PROGRAM 17 G2008 (10,219) To record a budget transfer of $10,219.28 in Community Development Block Grant (CDBG)revenue to G2201,Public Facilities 2022. (10,219) CDBG-CV Fund 18 G2010 66,778 To record a budget increase of $66,778.00 in CDBG program income revenue from the NSP3 closeout.66,778 Public Facilities 2021 19 G2101 1,500 (60,460) To record a budget transfer of $60,460.00 in Community Development Block Grant (CDBG)revenue to G2201,Public Facilities 2022;and an increase of $1,500.00 in CDBG program income revenue from the NSP3 closeout.(58,960) Economic Development 2021 20 G2102 (136,464) To record a budget transfer of $136,464.00 in Community Development Block Grant (CDBG)revenue to G2202,Economic Development 2022.(136,464) Infill Housing 2021 - CLOSE PROGRAM 21 G2104 (86,154) To record a budget transfer of $86,154.00 in Community Development Bock Grant (CDBG)revenue to G2204,Infill Housing 2022.(86,154) Public Services 2021 22 G2105 19,382 To record a budget increase of $19,381.66 in CDBG program income revenue from the NSP3 closeout.19,382 ED Strategic Plan - NEW PROGRAM 23 M2105 65,666 To record a budget transfer of $65,666.40 in General Fund revenues from 99421, Housing Consulting Services.65,666 Public Facilities 2022 - NEW PROGRAM 24 G2201 187,898 To record budget transfers in Community Development Bock Grant (CDBG)revenues of $30,000.00 from G2004,Public Facilities 2020;$87,219.03 from G2006,Program Administration 2020;$10,219.28 from G2008,Public Services 2020;and $60,460 from G2101, Public Facilities 2021.187,898 Economic Development 2022 - NEW PROGRAM 25 G2202 136,464 To record a budget transfer of $136,464.00 in Community Development Bock Grant (CDBG)revenue from G2102,Economic Development 2021.136,464 32 Special Program Fund Third Quarter Budget Amendments October 1, 2020 - June 30, 2021Increase/ Amdmt Program (Decrease)Intrafund Net BudgetNumberNumberAmountTransfer Amount Description Amendment Economic Environment Programs (Continued) Infill Housing 2022 - NEW PROGRAM 26 G2204 86,154 To record a budget transfer of $86,154.00 in Community Development Bock Grant (CDBG)revenue from G2104,Infill Housing 2021.86,154 Economic Environment Program Totals:87,660 65,666 153,326 Human Services Programs Next Steps to Better Nutrition 27 98601 (1,000) To record a budget decrease of $1,000.00 in grant revenue from the National Council on Aging.This will bring the budget in line with revenues received.(1,000) Human Services Program: Totals:(1,000) - (1,000.00) Culture and Recreation Programs Library Special Account 28 99910 125 To record a budget increase of $125.00 in donation revenue to bring the budget in line with actual receipts.125 Culture and Recreation Program Total:125 - 125 11,944,950 (0) 11,944,950 Interfund Transfers Human Trafficking Overtime - CLOSE PROGRAM 99241 16,046 To record a transfer of $16,045.97 of unspent General Fund revenues to capital project P1802, Police Equipment Replacement. Total Interfund Transfers:16,046 Total Budget Increase/(Decrease): 33 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2020 to June 30, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description Budget Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref GENERAL GOVERNMENT PROGRAMS 99421 Housing Consulting Service 115,000 115,000 (65,666) 49,334 49,334 - 0 C 1 99857 Stimulus - Elctrnc Plan Submittal & Rev 289,000 289,000 - 289,000 149,927 - 139,073 99868 Federal Early Retiree Reinsurance 651,500 651,500 - 651,500 559,222 - 92,279 99925 Peg Access Support 838,261 838,261 - 838,261 836,917 - 1,344 99928 Nagano Sister City Program 304,139 304,139 - 304,139 172,446 7,500 124,193 M1913 Lien Foreclosure Program 549,868 725,984 - 725,984 330,560 - 395,424 M2101 Planning Studies Fund 300,000 475,000 - 475,000 13,261 238,324 223,415 G2109 American Rescue Plan Act Fund - - 11,241,947 11,241,947 - - 11,241,947 2 Sub-Total 3,047,767 3,398,884 11,176,280 14,575,164 2,111,666 245,824 12,217,674 PUBLIC SAFETY PROGRAMS 98609 Foreclosure Registry-Nuisance Abtmnt 130,500 149,800 3,900 153,700 22,163 - 131,538 3 98610 Hurricane Irma 2,615,206 3,506,686 - 3,506,686 2,706,118 - 800,567 99215 Police Extra Duty 4,076,616 4,654,055 270,484 4,924,539 4,658,776 2,547 263,216 4 99241 Human Trafficking Overtime 87,000 87,000 - 87,000 87,000 - - C 99279 Police Recruitments 201,010 201,010 - 201,010 81,031 650 119,329 99281 Fed Forfeitures - Treasury 196,150 167,234 - 167,234 120,171 - 47,064 99316 Police Volunteers 153,519 158,519 - 158,519 144,562 - 13,957 99317 Police Education Fund 1,391,780 1,407,382 7,474 1,414,856 1,304,567 - 110,288 5 99329 Investigative Recovery Costs 2,601,962 2,736,249 59,765 2,796,014 2,466,431 - 329,583 6 99330 FL Contraband Forfeiture Fund 1,062,172 999,444 22,045 1,021,489 757,538 - 263,951 7 99350 Vehicle Replacement Fund 467,022 523,104 138,428 661,532 291,766 39,386 330,380 8 99356 Safe Neighborhood Program 1,341,846 1,341,846 10,873 1,352,719 1,252,720 100,000 9 99364 Crime Prevention Program 204,374 215,574 25,000 240,574 167,391 - 73,184 10 99387 Federal Forfeiture Sharing 2,423,290 2,451,541 11,342 2,462,883 1,834,172 37,435 591,276 11 99927 Emergency Operations 4,118,821 4,328,870 - 4,328,870 3,102,345 133,660 1,092,865 99982 EMS Incentive/Recognition 69,700 69,700 - 69,700 41,088 - 28,612 G2003 2020 HVE Ped & Bicycle Safety 80,000 49,380 - 49,380 49,380 - - C G2106 2021 HVE Ped & Bicycle Safety - 56,882 - 56,882 56,882 - - C P1801 School Resource Officers 1,070,735 1,650,637 20,157 1,670,795 1,441,728 - 229,066 12 D2001 COVID-19 Prep & Response 200,000 1,980,740 - 1,980,740 590,533 - 1,390,207 P2001 Police Boat Replacement 181,526 181,526 - 181,526 181,526 - - C P2002 Police Body Worn Camera Program 616,957 686,253 - 686,253 639,331 1,005 45,917 P2101 Mental Health Co-Responder Team - 143,200 - 143,200 - - 143,200 G2110 Pedestrian/Bicycle Safety Grant 2022 - - 21,455 21,455 - - 21,455 13 Sub-Total 23,290,186 27,746,631 590,923 28,337,554 21,997,218 214,683 6,125,653 PHYSICAL ENVIRONMENT PROGRAMS 99970 Tree Replacement Program 1,919,579 1,931,010 25,296 1,956,306 965,855 9,034 981,417 14 Sub-Total 1,919,579 1,931,010 25,296 1,956,306 965,855 9,034 981,417 ECONOMIC ENVIRONMENT PROGRAMS 99729 Joint Hercules Pln & Econ Study 150,000 - - - - - - C 99764 Public Facilities 2018 443,768 443,768 - 443,768 344,915 98,853 - 99802 Brownfield Revolving Loan 1,216,732 1,216,732 - 1,216,732 420,381 - 796,351 99846 Economic Development - QTI 166,879 166,879 - 166,879 71,591 - 95,288 99871 State Brownfields Redevelopment Acct 165,463 165,463 - 165,463 165,463 - 0 C G1902 Public Facilities 2019 319,253 319,253 - 319,253 233,920 85,333 - G1905 Infill Housing 2019 162,359 162,359 - 162,359 162,359 - 0 G2004 Public Facilities 2020 230,345 135,345 (30,000) 105,345 40,180 64,661 504 15 G2005 Economic Development 2020 60,000 51,575 - 51,575 51,575 - - C G2006 Program Administration 2020 261,309 246,335 (87,219) 159,116 159,116 - - C 16 G2008 Public Services 2020 114,603 114,603 (10,219) 104,384 104,384 - - C 17 G2010 CDBG-CV Fund 623,592 1,482,560 66,778 1,549,338 139,430 42,079 1,367,829 18 G2011 Back to Business Grant Program 3,550,000 3,550,000 - 3,550,000 1,427,498 - 2,122,502 G2101 Public Facilities 2021 456,251 551,251 (58,960) 492,291 1,500 386,291 104,500 19 G2102 Economic Development 2021 228,039 236,464 (136,464) 100,000 19,700 80,300 - 20 G2103 Program Administration 2021 167,472 182,446 - 182,446 138,575 15,000 28,871 G2104 Infill Housing 2021 86,154 86,154 (86,154) - - - - C 21 G2105 Public Services 2021 136,104 136,104 19,382 155,486 44,384 91,721 19,382 22 M2009 Afford Housing & Comm Development 290,853 290,853 - 290,853 13,962 53 276,838 34 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2020 to June 30, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description Budget Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref ECONOMIC ENVIRONMENT PROGRAMS (CONTINUED) M2105 ED Stragegic Plan - - 65,666 65,666 - - 65,666 23 G2201 Public Facilities 2022 - - 187,898 187,898 - - 187,898 24 G2202 Economic Development 2022 - - 136,464 136,464 - - 136,464 25 G2204 Infill Housing 2022 - - 86,154 86,154 - - 86,154 26 Sub-Total 8,829,177 9,538,145 153,326 9,691,471 3,538,932 864,291 5,288,248 HUMAN SERVICES PROGRAMS 98601 Next Steps to Better Nutrition 10,000 10,000 (1,000) 9,000 6,574 - 2,426 27 98607 Senior Citizens Services - Trips 14,000 14,000 - 14,000 10,858 - 3,142 99562 HUD Special Education 30,000 30,000 - 30,000 27,600 - 2,400 99844 United Way 15,080 15,080 - 15,080 11,645 - 3,435 99869 Health Prevention Program 195,269 190,269 - 190,269 176,019 4,115 10,136 99872 Coordinated Child Care - Ross Norton 3,171,577 2,423,266 - 2,423,266 2,423,266 - 0 C G2107 JWB Youth Programming - 802,228 - 802,228 285,555 10,650 506,023 Sub-Total 3,435,926 3,484,843 (1,000) 3,483,843 2,941,517 14,765 527,561 CULTURE AND RECREATION PROGRAMS 98608 Clark-Turner Trust (Library)106,077 106,077 - 106,077 - - 106,077 99910 Library Special Account 890,399 890,400 125 890,525 859,568 - 30,957 28 G1907 Clearwater for Youth Grants 18,000 30,000 - 30,000 13,074 - 16,926 PRSE190001 Special Events 2,561,950 2,565,227 - 2,565,227 2,326,867 15,707 222,654 Sub-Total 3,576,426 3,591,704 125 3,591,829 3,199,509 15,707 376,614 TOTAL ALL PROJECTS 44,099,061 49,691,217 11,944,950 61,636,168 34,754,696 1,364,304 25,517,167 35 City of Clearwater SPECIAL DEVELOPMENT FUND Third Quarter FY 2020/21 Increase/ (Decrease)Description Revenues Ad Valorem Taxes 56,127 An increase in ad valorem taxes to bring the budget in line with actual receipts for the year. Sales Tax Infrastructure 1,000,000 An increase in sales tax infrastructure revenues to bring the budget in line with anticipated receipts for the year. Open Space Fees 230,650 An increase in open space fees to bring the budget in line with actual receipts for the year. Recreation Facility Impact Fees 22,887 An increase in recreation facility impact fees to bring the budget in line with actual receipts for the year. Recreation Land Impact Fees 416,523 An increase in recreation land impact fees to bring the budget in line with actual receipts for the year. Interest Earnings (245,000) A decrease in interest earnings to bring the budget in line with anticipated receipts for the year. Fee in Lieu of Sidewalks 14,442 An increase in fee in lieu of sidewalks to bring the budget in line with actual receipts for the year. Multi-Modal Impact Fees 425,000 An increase in Multi-Modal Impact Fees to bring the budget in line with actual receipts for the year. 1,920,629$ Net Revenue Amendments Expenditures No amendments are proposed to Special Development Fund expenditures at mid year. -$ Net Expenditure Amendments 36 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2020 - June 30, 2021 Original First Quarter Mid Year Third Quarter Budget Amended Budget Amended Budget Amended Budget 2020/21 2020/21 2020/21 2020/21 Amendments Revenues: Ad Valorem Taxes 3,426,420 3,426,420 3,426,420 3,482,547 56,127 Infrastructure Tax 11,771,980 11,771,980 11,771,980 12,771,980 1,000,000 Interest Earnings 550,000 550,000 550,000 305,000 (245,000) Open Space Fees - - - 230,650 230,650 Recreation Facility Impact Fees - - - 22,887 22,887 Recreation Land Impact Fees - - - 416,523 416,523 Fee in Lieu of Sidewalks - - - 14,442 14,442 Multi-Modal Impact Fees 150,000 150,000 150,000 575,000 425,000 Local Option Gas Tax 1,500,000 1,500,000 1,500,000 1,500,000 - Allocation of Assigned Fund Balance 678,020 974,020 974,020 974,020 - 18,076,420 18,372,420 18,372,420 20,293,049 1,920,629 Expenditures: Transfer to Capital Improvement Fund - Road Millage 3,344,710 3,344,710 3,344,710 3,344,710 - Infrastructure Tax 12,450,000 12,450,000 12,450,000 12,450,000 - Recreation Facility Land Fees - 190,286 190,286 190,286 - Open Space Impact Fees - 105,714 105,714 105,714 - Multi-Modal Impact fees 140,000 140,000 140,000 140,000 - Local Option Gas Tax 1,427,150 1,427,150 1,427,150 1,427,150 - 17,361,860 17,657,860 17,657,860 17,657,860 - SPECIAL DEVELOPMENT FUND 37 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2020 - June 30, 2021 Original First Quarter Mid Year Third Quarter Budget Amended Budget Amended Budget Amended Budget 2020/21 2020/21 2020/21 2020/21 Amendments Revenues: CDBG Program Income 837,360 837,360 837,360 925,020 87,660 Interest Earnings 100,000 100,000 100,000 100,000 - Intergovernmental Revenue - 2,660,962 4,315,755 15,623,592 11,307,837 Charges for Service Revenue - 311,855 632,856 907,241 274,384 Judgments, Fines and Forfeit Revenu - 272,262 410,126 506,193 96,067 Miscellaneous Revenue - 29,414 65,218 229,221 164,003 Transfers from General Fund:- 143,200 143,200 143,200 - Sister City Program 37,380 37,380 37,380 37,380 - Planning Study Fund 300,000 325,000 325,000 325,000 - United Way Campaign Fund 1,500 1,500 1,500 1,500 - Special Events 70,000 70,000 70,000 70,000 - Economic Development QTI 13,230 13,230 13,230 13,230 - Police Recruitments 30,000 30,000 30,000 30,000 - Police Body Worn Camera Program 270,794 270,794 270,794 270,794 - Transfers from Capital Fund - - - 15,000 15,000 1,660,264 5,102,956 7,252,420 19,197,370 11,944,950 Expenditures: General Government 337,380 455,756 688,496 11,864,776 11,176,280 Public Safety 300,794 2,368,290 4,757,239 5,348,163 590,923 Physical Environment - 5,479 11,431 36,727 25,296 Economic Environment 686,120 1,545,088 1,395,088 1,548,414 153,326 Human Services 1,500 390,595 50,417 49,417 (1,000) Culture and Recreation 70,000 73,278 85,278 85,403 125 Interfund Transfers 164,470 164,470 164,470 164,470 - Transfer to Capital Fund 30,000 30,000 30,000 30,000 - 1,590,264 5,032,956 7,182,420 19,127,370 11,944,950 Revenues: HOME Investment Partnerships 431,440 431,440 431,440 431,440 - State Housing Initiatives Partnership - - - - - Total - HOME/SHIP Funds 431,440 431,440 431,440 431,440 - Expenditures: Economic Environment 323,580 323,580 323,580 323,580 - Interfund Transfers 107,860 107,860 107,860 107,860 - Total - HOME/SHIP Programs 431,440 431,440 431,440 431,440 - SPECIAL PROGRAM FUND OTHER HOUSING ASSISTANCE FUNDS 38 ADMINISTRATIVE CHANGE ORDERS Third Quarter Review FY 2020/21 39 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. ***** 06/18/21 Administrative Change Order #3 & Final – East WRF RDT Building Repair (18-0016-UT). This change order decreases and increases items in accordance with field conditions to close the contract resulting in a net decrease to the contract. Paramount Painting and Services, Inc. (14,862.81) 06/24/21 Administrative Change Order #3 – Clearwater Gas System Facility Redevelopment (15-0043-GA). This change order increases items in accordance with field conditions resulting in a net increase to the contract. Walbridge Aldinger, LLC 219,172.78 06/24/21 Administrative Change Order #1 & Final – North Garden Avenue Garage (18-0033-EN). This change order decreases and increases items in accordance with field conditions to close the contract resulting in a net decrease to the contract. Restocon Corp. (52,449.57) Ordinance #9500-21 ORDINANCE NO. 9500-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2021 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, GAS FUND, SOLID WASTE AND RECYCLING FUNDS, MARINE FUND, PARKING FUND, AND CENTRAL INSURANCE FUND AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2021, for operating purposes, including debt service, was adopted by Ordinance No. 9408-20; and WHEREAS, at the third quarter review it was found that an increase of $21,380,313 is necessary for revenues and an increase of $19,084,551 is necessary for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 9408-20 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2020 and ending September 30, 2021 a copy, of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _______________________________ Frank Hibbard, Mayor Approved as to form: Attest: _______________________________ ________________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk EXHIBIT A 2020-21 BUDGET REVENUE First ThirdQuarterMid Year Quarter Budgeted Amended Amended AmendedRevenuesBudgetBudgetBudget Budget 2020/21 2020/21 2020/21 2020/21 Amendment General Fund: Ad Valorem Taxes 68,492,140 68,492,140 68,492,140 69,606,903 1,114,763 Utility Taxes 15,230,000 15,230,000 15,230,000 17,380,000 2,150,000 Local Option, Fuel & Other Taxes 6,350,000 6,350,000 6,350,000 6,080,000 (270,000) Franchise Fees 10,104,770 10,104,770 10,104,770 10,264,770 160,000 Other Permits & Fees 2,309,000 2,309,000 2,309,000 3,734,000 1,425,000 Intergovernmental Revenues 18,862,910 18,862,910 18,862,910 25,162,103 6,299,193 Charges for Services 15,780,380 15,780,380 15,780,380 15,410,380 (370,000) Judgments, Fines & Forfeitures 1,354,000 1,354,000 1,354,000 1,624,000 270,000 Miscellaneous Revenues 2,643,956 2,643,956 2,643,956 2,793,956 150,000 Transfers In 11,052,684 11,079,718 11,080,942 12,265,809 1,184,867 Transfer (to) from Reserves - 1,086,540 1,616,540 (9,906,090) (11,522,630) Total, General Fund 152,179,840 153,293,414 153,824,638 154,415,831 591,193 Special Revenue Funds: Special Development Fund 18,076,420 18,372,420 18,372,420 20,293,049 1,920,629 Special Program Fund 1,660,264 5,102,956 7,252,420 19,197,370 11,944,950 Local Housing Asst Trust Fund 431,440 431,440 431,440 431,440 - Utility & Other Enterprise Funds: Water & Sewer Fund 102,289,480 102,289,480 102,289,480 102,289,480 - Stormwater Utility Fund 17,899,890 17,899,890 17,899,890 17,899,890 - Solid Waste & Recycling Fund 27,130,350 27,130,350 27,130,350 27,131,151 801 Gas Fund 47,788,140 47,788,800 47,788,800 47,788,800 - Airpark Fund 347,860 347,860 367,860 367,860 - Marine Fund 5,277,210 5,277,210 5,277,210 5,287,210 10,000 Clearwater Harbor Marina 921,970 921,970 921,970 921,970 - Parking Fund 7,330,560 7,330,662 7,330,763 9,830,763 2,500,000 Internal Service Funds: Administrative Services Fund 13,305,520 13,305,730 13,305,730 13,305,730 - General Services Fund 6,194,230 6,194,230 6,194,230 6,194,230 - Garage Fund 18,916,190 18,916,190 18,916,190 18,916,190 - Central Insurance Fund 26,058,230 26,058,230 26,058,230 30,470,970 4,412,740 Total, All Funds 445,807,594 450,660,832 453,361,621 474,741,934 21,380,313 Ordinance #9500-21 EXHIBIT A (Continued) 2020-21 BUDGET EXPENDITURES First ThirdQuarterMid Year Quarter Original Amended Amended AmendedBudgetBudgetBudgetBudget Budget 2020/21 2020/21 2020/21 2020/21 Amendment General Fund: City Council 395,821 395,821 395,821 395,821 - City Manager's Office 1,275,890 1,275,944 1,275,944 1,275,944 - City Attorney's Office 1,809,585 1,809,657 1,809,657 1,809,657 - City Auditor's Office 226,432 226,444 226,444 226,444 - CRA Administration 468,480 468,510 468,510 468,510 - Economic Development & Housing S 1,828,948 1,829,014 1,829,014 1,829,014 - Engineering 8,230,947 8,230,947 8,230,947 8,257,737 26,790 Finance 2,637,681 2,637,861 2,637,861 2,637,861 - Fire 30,293,051 30,293,051 30,294,275 30,480,437 186,162 Human Resources 1,562,078 1,562,180 1,562,180 1,562,180 - Library 8,000,965 8,000,965 8,000,965 8,000,965 - Non-Departmental 7,784,508 8,723,248 9,253,248 9,600,248 347,000 Official Records & Legislative Svcs 1,215,681 1,215,729 1,215,729 1,215,729 - Parks & Recreation 31,136,988 31,311,192 31,311,192 31,311,192 - Planning & Development 6,458,802 6,458,802 6,458,802 6,458,802 - Police 47,259,323 47,259,323 47,259,323 47,290,564 31,241 Public Communications 1,196,190 1,196,256 1,196,256 1,196,256 - Public Utilities 398,470 398,470 398,470 398,470 - Total, General Fund 152,179,840 153,293,414 153,824,638 154,415,831 591,193 Special Revenue Funds: Special Development Fund 17,361,860 17,657,860 17,657,860 17,657,860 - Special Program Fund 1,590,264 5,032,956 7,182,420 19,127,370 11,944,950 Local Housing Asst Trust Fund 431,440 431,440 431,440 431,440 - Utility & Other Enterprise Funds: Water & Sewer Fund 102,289,480 102,289,480 102,289,480 102,289,480 - Stormwater Utility Fund 16,706,320 16,706,320 16,706,320 16,706,320 - Solid Waste & Recycling Fund 25,702,930 25,702,930 25,702,930 25,703,731 801 Gas Fund 45,257,380 45,258,040 45,258,040 47,002,907 1,744,867 Airpark Fund 340,770 340,770 360,770 360,770 - Marine Fund 5,119,120 5,119,120 5,119,120 5,269,120 150,000 Clearwater Harbor Marina 854,430 854,430 866,930 866,930 - Parking Fund 6,436,140 6,456,242 6,456,343 6,696,343 240,000 Internal Service Funds: Administrative Services Fund 13,254,460 13,254,670 13,254,670 13,254,670 - General Services Fund 6,162,380 6,162,380 6,162,380 6,162,380 - Garage Fund 18,916,190 18,916,190 18,916,190 18,916,190 - Central Insurance Fund 26,058,230 26,058,230 26,058,230 30,470,970 4,412,740 Total, All Funds 438,661,234 443,534,472 446,247,761 465,332,312 19,084,551 Ordinance #9500-21 Ordinance #9501-21 ORDINANCE NO. 9501-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2021, TO REFLECT A NET INCREASE OF $38,577,718 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2021 was adopted by Ordinance No. 9409-20; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 9409-20 is amended to read: Pursuant to the Third Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2020 and ending September 30, 2021, a copy of which is on file with the City Clerk, the City Council hereby adopts a Third Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank Hibbard, Mayor Approved as to form: Attest: ______________________________ ____________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk First Qtr.Mid Year Third Qtr. Original Amended Amended Amended Budget Budget Budget Budget 2020/21 2020/21 2020/21 2020/21 Amendments Police Protection 11,075,000 11,928,442 12,478,442 12,494,488 16,046 Fire Protection 1,996,380 2,021,313 2,021,313 2,021,313 - Major Street and Sidewalk Maintenance 4,596,470 7,623,236 18,897,133 18,897,133 - Intersections 315,390 315,490 315,490 315,490 - Parking 834,000 834,000 834,000 834,000 - Miscellaneous Engineering 5,191,500 35,191,500 35,241,500 72,261,500 37,020,000 Park Development 7,665,100 8,109,789 8,109,789 8,599,321 489,532 Marine Facilities 1,460,000 1,665,125 1,677,625 1,827,625 150,000 Airpark Facilities 175,000 165,093 265,093 265,093 - Libraries 135,000 (685,000) (685,000) (685,000) - Garage 5,899,300 5,949,159 5,949,159 5,859,694 (89,465) Maintenance of Buildings 2,665,000 2,673,804 2,673,804 2,673,804 - Miscellaneous 2,105,000 2,105,000 2,105,000 2,405,000 300,000 Stormwater Utility 6,063,090 6,063,090 809,999 809,999 - Gas System 8,800,000 8,875,424 8,800,609 9,492,214 691,605 Solid Waste & Recycling 725,000 712,983 712,983 712,983 - Utilities Miscellaneous 100,000 (2,926,766) (2,926,766) (2,926,766) - Sewer System 30,988,020 30,988,020 29,716,896 29,716,896 - Water System 9,754,600 9,754,600 6,504,919 6,504,919 - TOTAL PROJECT EXPENDITURES 100,543,850 131,364,302 133,501,987 172,079,705 38,577,718 GENERAL SOURCES: General Operating Revenue 7,767,920 8,059,573 8,059,573 8,859,151 799,578 Penny for Pinellas 12,450,000 12,450,000 12,450,000 40,950,000 28,500,000 Road Millage 3,344,710 3,344,710 3,344,710 3,344,710 - Local Option Gas Tax 1,427,150 1,427,150 1,427,150 1,427,150 - Grants 120,000 (56,466) 23,534 23,534 - Other Governmental 456,020 605,853 2,605,853 11,125,853 8,520,000 Multi-Modal Impact Fee 140,000 140,000 140,000 140,000 - Special Program Fund 30,000 125,000 125,000 125,000 - Recreation Land Impact Fee - 190,286 190,286 190,286 - Open Space Impact Fee - 105,714 105,714 105,714 - Donations 50,000 5,000 5,000 11,000 6,000 Other - 73,098 73,098 73,098 - EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2020/21 Ordinance # 9501-21 First Qtr.Mid Year Third Qtr. Original Amended Amended Amended Budget Budget Budget Budget 2020/21 2020/21 2020/21 2020/21 Amendments EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2020/21 SELF SUPPORTING FUNDS: Parking Revenue 894,000 1,119,125 1,119,125 1,119,125 - Marine Revenue 690,000 690,000 690,000 840,000 150,000 Clearwater Harbor Marina Revenue 150,000 150,000 162,500 162,500 - Airpark Revenue 55,000 55,000 75,000 75,000 - Water Revenue 4,980,000 4,980,000 4,980,000 4,980,000 - Sewer Revenue 22,733,500 22,733,500 22,733,500 22,733,500 - Utility R&R 10,575,600 10,575,600 10,575,600 10,575,600 - Water Impact Fees 160,000 160,000 160,000 160,000 - Sewer Impact Fees 50,000 50,000 50,000 50,000 - Stormwater Utility Revenue 6,063,090 6,063,090 6,063,090 6,063,090 - Gas Revenue 8,800,000 8,888,618 8,913,803 9,605,408 691,605 Solid Waste Revenue 625,000 625,000 625,000 625,000 - Recycling Revenue 100,000 100,000 100,000 100,000 - INTERNAL SERVICE FUNDS: Garage Revenue 598,300 656,327 656,327 566,862 (89,465) Administrative Services Revenue 985,000 985,000 985,000 985,000 - General Services Revenue 75,000 75,000 75,000 75,000 - Central Insurance Revenue 152,460 152,460 152,460 152,460 - - BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 195,100 (15,125) (15,125) (15,125) - Interfund Loan - General Fund 11,000,000 11,000,000 11,000,000 11,000,000 - Bond Financing - 30,000,000 30,000,000 30,000,000 - BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Gas - (13,194) (13,194) (13,194) - Lease Purchase - Solid Waste/Recycling (12,017) (12,017) (12,017) - BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 5,201,000 5,201,000 5,201,000 5,201,000 - Lease Purchase - Administrative Services 675,000 675,000 675,000 675,000 - TOTAL ALL FUNDING SOURCES:100,543,850 131,364,302 133,501,987 172,079,705 38,577,718 Ordinance # 9501-21 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9688 Agenda Date: 9/16/2021 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Accept Ordinance 536, an Interlocal Agreement/Franchise with the Town of Belleair, in order for Clearwater Gas System to continue to provide natural gas service to the citizens of Belleair and adopt Resolution 21-33. SUMMARY: On August 17, 2021, the Town of Belleair Commission approved an Interlocal Agreement, on second reading, with the City of Clearwater, which provides a franchise for Clearwater Gas System to provide natural gas service in Belleair. The previous franchise with Town of Belleair was approved on June 14, 1990. The thirty-year term ended on June 13, 2020, and the Franchise is currently in effect on a month-to-month basis under the provisions of the franchise agreement (as the renewal was delayed due to the COVID-19 pandemic). The effective date of the new franchise shall be the 1st day of the following month after the Interlocal Agreement is approved by the City of Clearwater. The Agreement provides the City of Clearwater a 15-year non-exclusive right to continue to construct, operate and maintain all facilities necessary to supply natural gas to the Town of Belleair. The agreement also provides for renewal options, which may be extended for an additional 15 years. The Interlocal Agreement provides for a 5.5% franchise fee to be paid by the consumers of natural gas within the Town of Belleair and continues to exempt industrial customer revenues. The prior franchise fee was 5.5%. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 9/14/2021 Resolution No. 21-33 RESOLUTION NO. 21-33 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ACCEPTING THE FRANCHISE, PRIVILEGE AND CONCESSION OF THE TOWN OF BELLEAIR, FLORIDA, FOR THE PURPOSE OF FURNISHING GAS WITHIN THE TOWN OF BELLEAIR AND TO ITS INHABITANTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, renewal of a gas system franchise has been approved by the adopting of Ordinance 536 of the Town of Belleair on August 17, 2021, a copy of which is attached hereto and incorporated herein as Exhibit “A”; and WHEREAS, the terms and conditions of the gas system franchise are acceptable; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The terms and conditions of the gas system franchise, privilege and concession granted by the Town of Belleair, Florida, by the adoption of Ordinance 536 of the Town of Belleair, are hereby accepted, and the City Council of the City of Clearwater does hereby agree to comply with the terms and conditions of the franchise and with all reasonable ordinances adopted by the Town Commission of the Town of Belleair not inconsistent with the franchise. Section 2. This resolution shall take effect immediately upon adoption. Upon adoption of this resolution, the City Clerk shall deliver a certified copy to the Town Clerk of the Town of Belleair. PASSED AND ADOPTED this ____ day of September 2021. ____________________________ Frank Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9689 Agenda Date: 9/16/2021 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Approve Third Amendment to Lease Agreement between Clearwater Golf Associates, Inc. and City of Clearwater to provide assistance of $58,100.00 to partially offset the cost of installing reclaimed water at the Landings Golf Course and authorize the appropriate officials to execute same. SUMMARY: On December 19, 2001, the Council approved a 20-year Agreement between Clearwater Golf Associates, Inc. (Club) and the City for the operation of the property known as Clearwater Executive Golf Course, including an annual lease payment and improvements to the course. On February 4, 2010, the Council approved a First Amendment to the Lease Agreement to increase the length of the Agreement by seven years from 20 years to 27 years; and extend rent relief for seven years to complete a number of additional improvements needed at the Club. On July 20, 2017, the Council approved a Second Amendment to the lease to extend rent relief for the remaining 12 years of the lease and set a schedule to complete $400,000.00 of additional improvements to the course by the Club. Over the past twenty years, the Club has invested over one million dollars in upgrades and improvements to the golf course including renovations to the club house/pro shop, driving range, storage and cart facilities, parking lot, irrigation system, greens, and tee boxes. Included in the Second Amendment was a requirement that the Club connect to reclaimed water when available. Reclaimed water is now available, and the Club is currently in the process of connecting from well water to reclaimed water. The cost of this project is $116,200.00. The Club is requesting partial relief from these obligations by requesting that the City pay for 50% of the cost to convert to reclaimed water. Staff is recommending that the City participate in the cost of this project by contributing 50% or $58,100.00. In the future, the City may be required to dispose of all reclaimed water on upland properties rather than disposing excess water into Tampa Bay. This improvement will help in meeting this requirement regardless of how the property is used. Page 1 City of Clearwater Printed on 9/14/2021 File Number: ID#21-9689 APPROPRIATION CODE AND AMOUNT: Funding is available in the Parks and Recreation operating code 0101867-530300 Contract Team. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 9/14/2021 1 THIRD AMENDMENT TO LEASE AGREEMENT THIS THIRD AMENDMENT TO LEASE AGREEMENT (“Third Amendment”) is made and entered into on this ____ day of __________, 2021, (“Effective Date”) by and between the City of Clearwater, Florida, a municipal corporation of the state of Florida, (“City”) and the Clearwater Golf Associates, Inc., whose address is 1875 Airport Drive, Clearwater, Florida 33765, (“Club”) amending that certain Lease Agreement (“Lease”) between the parties dated December 19, 2001, recorded on January 17, 2002 in O.R. Book 11793, page 759 Public Records of Pinellas County, Florida, and amended by First Amendment to Lease dated February 11, 2010, and Second Amendment to Lease dated July 27, 2017. WHEREAS, pursuant to the original Lease, the City leased certain city-owned property (“Golf Course”) to the Club; and WHEREAS, over the past twenty (20) years the Club has invested over one million dollars in upgrades and improvements to the Golf Course property and buildings in accordance with the Lease and First and Second Amendments; and WHEREAS, the Club has created a much-improved asset for the City and provided excellent golfing and recreational opportunities and programs for residents and visitors to Clearwater, and WHEREAS, there appears to be voter support to keep this greenspace as was evidenced in the referendum of July 16, 2020; and WHEREAS, the Club needs additional relief from its obligations under the current Lease in order to convert from well water to reclaimed water, in the amount of $58,100.00; and 2 WHEREAS, the City and Southwest Florida Water Management District agrees that the conversion from well water to reclaimed water is in the public interest, necessary to maintain the City’s property asset, and continue providing the recreational services provided by the Club. NOW THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration the receipt of which are hereby acknowledged, the parties agree as follows: 1. Recitals: The foregoing recitals are true and correct and are incorporated in and form a part of the agreement. 2. Section 5(e) is amended and shall read as follows: (e) During the seventh to fourteenth years of the Agreement, the Club shall rebuild the greens, sand traps, tee boxes and construct the necessary hookup to begin using reclaimed water as soon as available to the Golf Course. Notwithstanding any other covenants and conditions in the Lease to the contrary, the Club shall not be entitled to any reimbursement for the improvements provided for in the Amendment with the exception of $58,100.00 which will be used to offset the cost of the reclaimed water hookup, and the Club acknowledges that the timeframe for any reimbursement to which it may have been entitled under the original terms of the Lease (specifically Section 21), have expired. No reimbursement whatsoever is due from the City to the Club for improvements made to the Golf Course. 3. All other terms and conditions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed and delivered this Amendment the day and year first above written. 3 CLEARWATER GOLF ASSOCIATES, INC. By: ____________________________ Julie Huston, President Countersigned: CITY OF CLEARWATER, FLORIDA _____________________________ By: _____________________________ Frank V. Hibbard Micah Maxwell Mayor Interim City Manager Approved as to form: Attest: ______________________________ ________________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk X:\SED\PROJECTS\Clearwater Ex. Golf Crs - The Landings\Proposals\1-4-21 Reuse Pump Station\Proposal\6-28-21 Landings.docx 10614 E US Hwy 92, Tampa, FL 33610 (813) 968-7277 (813) 443-0530 Fax Southeast Drilling Services, Inc. January 21, 2021 Updated (June 28, 2222021) VIA EMAIL: Duke39@aol.com Mr. Jerry Houston Clearwater Executive Golf Course 1875 Airport Drive Clearwater, Florida 33765 Re: Revised Quote for 40 HP Irrigation Booster Pump and Motor, VFDs and Electrical Upgrade with HDPE from Mondragon Southeast is pleased to provide the following proposal for services at the referenced facility: Mechanical 1. Provide equipment and crew to install centrifugal pump, piping, and fittings. 2. Furnish new 40 HP centrifugal pump; 600 gpm @ 175 ft of head (75 psi boost) with Premium Efficiency Motor (recommended to use with VFD). 3. Furnish 6-inch C-900 PVC pipe for discharge between new pump and existing piping system. 4. Furnish 6-inch Ductile Iron Pipe and fittings above ground to connect and replace the existing piping from the existing well and irrigation main connection point (DIP to HDPE), note HDPE will be used in this proposal for the bulk of piping. 5. Fittings above ground will be flanged; fittings below ground will be mechanical joint as necessary to accommodate HDPE and flanged fittings. 6. All joints will be restrained as necessary 7. Form and pour concrete pedestal to support pump and pipe supports with steel straps 8. Centrifugal pump to be located on existing pad with housekeeping pad and vibration isolator as necessary 9. Provide and install 2 6-inch flange totalizing/indicating flowmeters X:\SED\PROJECTS\Clearwater Ex. Golf Crs - The Landings\Proposals\1-4-21 Reuse Pump Station\Proposal\6-28-21 Landings.docx 10614 E US Hwy 92, Tampa, FL 33610 (813) 968-7277 (813) 443-0530 Fax 10. 4” Double check OSY back flow preventer at production well 11. New HDPE piping to be provided from well discharge head over to new centrifugal pump and to existing irrigation main 12. Remove existing fertilizer tank 13. Piping layout, valves, flow meter, etc are per the proposed station sketches attached 14. In this revision, above ground and below ground piping has changed to HDPE material in all locations where practical as noted in the attached sketches by SED and Mondragon Golf. Note some minor adjustments may be required once authorized to proceed and we review this modification in detail. Electrical 1. Permits and inspections 2. New rack with concrete posts and stainless steel Unistrut 3. 2 New VFDs (50 hp for submersible and 40 hp for centrifugal) including programming start up and testing 4. 2 Pressure transducers for termination with VFDs 5. NEMA 3R disconnect breaker and grounding system 6. New conduits and wire to each motor 7. Phase in installation to minimize down time Excluded from Scope 1. Electrical demo of existing system 2. Final coatings, new DIP to be provided with base primer, owner to apply final coat 3. Removal or existing jockey pump or plugging of 4-inch well 4. PLEASE NOTE WITH CURRENT SUPPLY CHAIN ISSUES, OUR SUPPLIERS ARE ONLY HOLDING PRICING FOR 14 DAYS. Total Revised Lump Sum Cost $116,200.00 If this proposal is acceptable, please sign the space provided below and FAX back to 813-443-0530 or email to bill.ziegler@southeastdrilling.net. Should you have any questions or require further information with this matter, please do not hesitate to call me at 813-968-7277 or my cell at 813-390-4233. Sincerely, Approved By: Bill Ziegler Vice President _________________, Date __________ Cc: File 8" P 8" 6" 8" 4"BP6" Flanged Double Check Valve (by others) Discharge/Lake Fill Line Connect to 8" Existing reclaimed mainline 1" Fertigation Port 2" Flow Meter & Pressure Ports Mondragon Golf, Inc. 5813 US Highway 17 S. Bartow, FL 33830 Tel: (863) 8003255 Fax: (863) 800-3279 mondragongolf@earthlink.net www.mondragongolf.com Proj#:021060309TLG Drawn By: Mauro Date: 06/03/2021 Checked by: Page Title: Overview Scale: 1 = 10 Page 1 of 1 Pump Station Intake & DischargeThe Landings GolfRevisions Date:By:Revision: / / . . : : 4,to t'L 45" nr| $ -o) i t'\ s. ar)\ -tl^1 >gtsIs"E \ as 'a\ r_\ s'\ \ \\s-s\ \rt1 (^l b-F G=o \of" \lr.</i 28 NEMA P-SERIES VFD Everyone knows variable frequency drives save you money by varying motor speed to match demand. Our automatic energy savings mode minimizes losses by optimizing the output power for higher efficiency. Under low load conditions, Sleep Mode deactivates the drive and its output – then awakens and reactivates output when demand rises to unlock additional savings. It also extends the life of the equipment. VARIABLE SPEED CONTROL IS JUST THE BEGINNING � Selectable V/F, sensorless vector control � For outdoor and/or wash down applications � Rainproof NEMA 3R enclosure reduces thermal absorption with white, solar reflective finish and filtered cooling fans � Standard VFD package is rated for 110 °F ambient temperature in non-direct sunlight. � Additional application-specific protective devices included (i.e. line reactors, load reactors, and dV/dT filter) � Franklin FastApp™ Firmware � Quick and easy set-up for submersible and centrifugal packages � Display uses pump specific terminology � Pump Specific Protection and Features � Broken pipe detection � Dry-well/Underload detection with well refill timer � Pipe fill (Pre-PID) - VFD ramps up to Pre-PID frequency and fills pipes without pressurizing system and hydraulic surges � Sleep mode and wake up functions with pressure boost � Automatic energy savings mode � Flying start protection prevents trips, rough starts, and drive damage from regenerative power due to heavy inertia rotation � Custom Packages Available � Alternative enclosure options (NEMA 1, NEMA 12, NEMA 4X) � Multi-motor/pump packages � Customizable control options STANDARD FEATURES (ENCLOSED DRIVES) NO NEED FOR ROTO-PHASE CONVERTERS! (VARIABLE FREQUENCY DRIVE) 29 CIE3R-CENP050-P4-1N Part Family (Cerus Industrial Enclosed) Enclosure Rating (NEMA 3R) Pump Type (Centrifugal or Submersible) Voltage Input Phase (1 or 3ø) FE Reference Number Only VFD Model (P-Series) VFD Voltage Rating (460 V or 200/230 V) Blank = Combination N = Non-Combination Scan for start-up video Franklin Control Systems drive packages come pre-programmed for submersible or surface motors with pre-set parameters based on your specific application. To watch a start-up video of the basic wiring and programming of a P-Series VFD for a submersible application, scan the QR code below or go to www.franklin-controls.com. From corrosive environments to long motor leads to soaring temperatures, we can engineer a panel to fit nearly any application in any location. Our standard packages usually fit the bill, but if your job poses unique challenges, our engineers are up to the task. EASY START-UP WITH FASTAPP PROGRAMMING ANY JOB, ANY ENVIRONMENT Franklin has solutions for 230 V or 460 V, 1Ø to 3Ø conversion - no need for a roto-phase converter and pump starter combo. By doubling the hp of your motor to size your VFD (20 hp motor = 40 hp VFD), the conversion is complete. All you need is one Franklin VFD. 1- TO 3-PHASE CONVERSION � Alternating Lead-Lag Control - Two motors, no external PLC needed � Dual Demand Control - Drive senses when to switch to second set point on applications feeding two systems � Adaptive Dry Well Protection - Automatic determination of well recovery time � Water Lubrication Timer � Auxiliary Timer � No Flow Protection � Screen Cleaning � Backspin Timer � Pipe Leak (Cycling Protection) � Speed Limit by VFD Temperature (to avoid overheat nuisance trips) � Motor Overheat Protection � Relay Activated by Analog Level � Speed Limit by Well Water Level � Two-transducer redundancy P-SERIES VFD (VARIABLE FREQUENCY DRIVE) NEW & IMPROVED FEATURES PART NUMBER ANATOMY 30 W H 2 D See page 38 for product speciﬁc dimensions. � Heavy-duty construction � Improved dust filter � Better protection � Easily serviceable � Smaller footprint � Eye-bolt lift kit comes standard � Convenient mounting hole locations and sizes � Small diameter perforation pattern for ventilation � Prevents critter intrusion � Optional floor mounting kits � Field installable without drilling FEATURES DIMENSIONS NEW & IMPROVED TYPE 3R ENCLOSURES! 31 1. P-Series Pump Optimized VFD � 32-character keypad and pre-configured parameters for all common pump applications 2. Indoor NEMA 1 enclosure 3. Disconnect provides short circuit protection and eliminates call backs due to fuse issues 4. Line reactor enhances protection from transient surges and provides a degree of harmonic mitigation 5. Output filter for long motor leads (standard in submersible packages only) 1 2 3 4 5 SLIM SPACE-SAVING DESIGN NEMA 1 LARGE DRIVEP-SERIES VFD ENCLOSED - 32 1. P-Series Pump Optimized VFD � 32-character keypad and pre-configured parameters for all common pump applications 2. Rugged outdoor NEMA 3R enclosure with cooling fans and filtration 3. Circuit breaker disconnect eliminates call backs due to fuse issues 4. Line reactor enhances protection from transient surges and provides a degree of harmonic mitigation 5. Control power transformer with breaker protection 6. Output filter for long motor leads 7. Eye-bolt lift kit comes standard DESIGNED TO WITHSTAND HARSH ENVIRONMENTS P-SERIES VFD ENCLOSED - NEMA 3R LARGE DRIVE 1 2 3 4 5 6 7 33 VOLTAGE HP MAX AMPS MODEL NO. DESCRIPTION 230 V,1-PHASE 1 5.5 CIE1-SUBP001-P2-1 NEMA 1, 1 HP 230 V, 1-PH, UPSIZED VFD, MCP, LR, OR 2 8 CIE1-SUBP002-P2-1 NEMA 1, 2 HP 230 V, 1-PH, UPSIZED VFD, MCP, LR, OR 3 12 CIE1-SUBP003-P2-1 NEMA 1, 3 HP 230 V, 1-PH, UPSIZED VFD, MCP, LR, OR 5 17.6 CIE1-SUBP005-P2-1 NEMA 1, 5 HP 230 V, 1-PH, UPSIZED VFD, MCP, LR, OR 7.5 25 CIE1-SUBP007-P2-1 NEMA 1, 7.5 HP 230 V, 1-PH, UPSIZED VFD, MCP, LR, OR 10 33 CIE1-SUBP010-P2-1 NEMA 1, 10 HP 230 V, 1-PH, UPSIZED VFD, MCP, LR, OR 15 48.6 CIE1-SUBP015-P2-1 NEMA 1, 15 HP 230 V, 1-PH, UPSIZED VFD, MCP, LR, OR 20 64 CIE1-SUBP020-P2-1 NEMA 1, 20 HP 230 V, 1-PH, UPSIZED VFD, MCP, LR, OR 230 V, 3-PHASE 2 8 CIE1-SUBP002-P2-3 NEMA 1, 2 HP 230 V, 3-PH, UPSIZED VFD, MCP, LR, OR 3 12 CIE1-SUBP003-P2-3 NEMA 1, 3 HP 230 V, 3-PH, UPSIZED VFD, MCP, LR, OR 5 19 CIE1-SUBP005-P2-3 NEMA 1, 5 HP 230 V, 3-PH, UPSIZED VFD, MCP, LR, OR 7.5 30 CIE1-SUBP007-P2-3 NEMA 1, 7.5 HP 230 V, 3-PH, UPSIZED VFD, MCP, LR, OR 10 40 CIE1-SUBP010-P2-3 NEMA 1, 10 HP 230 V, 3-PH, UPSIZED VFD, MCP, LR, OR 15 55 CIE1-SUBP015-P2-3 NEMA 1, 15 HP 230 V, 3-PH, UPSIZED VFD, MCP, LR, OR 20 74 CIE1-SUBP020-P2-3 NEMA 1, 20 HP 230 V, 3-PH, UPSIZED VFD, MCP, LR, OR 25 85 CIE1-SUBP025-P2-3 NEMA 1, 25 HP 230 V, 3-PH, UPSIZED VFD, MCP, LR, OR 30 100 CIE1-SUBP030-P2-3 NEMA 1, 30 HP 230 V, 3-PH, UPSIZED VFD, MCP, LR, OR 460 V, 1-PHASE 2 4 CIE1-SUBP002-P4-1 NEMA 1, 2 HP 460 V, 1-PH, UPSIZED VFD, MCP, LR, OF 3 5.3 CIE1-SUBP003-P4-1 NEMA 1, 3 HP 460 V, 1-PH, UPSIZED VFD, MCP, LR, OF 5 8.8 CIE1-SUBP005-P4-1 NEMA 1, 5 HP 460 V, 1-PH, UPSIZED VFD, MCP, LR, OF 7.5 13.2 CIE1-SUBP007-P4-1 NEMA 1, 7.5 HP 460 V, 1-PH, UPSIZED VFD, MCP, LR, OF 10 16.5 CIE1-SUBP010-P4-1 NEMA 1, 10 HP 460 V, 1-PH, UPSIZED VFD, MCP, LR, OF 15 24.5 CIE1-SUBP015-P4-1 NEMA 1, 15 HP 460 V, 1-PH, UPSIZED VFD, MCP, LR, OF 20 30.3 CIE1-SUBP020-P4-1 NEMA 1, 20 HP 460 V, 1-PH, UPSIZED VFD, MCP, LR, OF 25 35.7 CIE1-SUBP025-P4-1 NEMA 1, 25 HP 460 V, 1-PH, UPSIZED VFD, MCP, LR, OF 30 42.3 CIE1-SUBP030-P4-1 NEMA 1, 30 HP 460 V, 1-PH, UPSIZED VFD, MCP, LR, OF 40 60.4 CIE1-SUBP040-P4-1 NEMA 1, 40 HP 460 V, 1-PH, UPSIZED VFD, MCP, LR, OF 50 80 CIE1-SUBP050-P4-1 NEMA 1, 50 HP 460 V, 1-PH, UPSIZED VFD, MCP, LR, OF 60 91 CIE1-SUBP060-P4-1 NEMA 1, 60 HP 460 V, 1-PH, UPSIZED VFD, MCP, LR, OF 460 V, 3-PHASE 1 3 CIE1-SUBP001-P4-3 NEMA 1, 1 HP 460 V, 3-PH, UPSIZED VFD, MCP, LR, OF 2 4 CIE1-SUBP002-P4-3 NEMA 1, 2 HP 460 V, 3-PH, UPSIZED VFD, MCP, LR, OF 3 6 CIE1-SUBP003-P4-3 NEMA 1, 3 HP 460 V, 3-PH, UPSIZED VFD, MCP, LR, OF 5 9.6 CIE1-SUBP005-P4-3 NEMA 1, 5 HP 460 V, 3-PH, UPSIZED VFD, MCP, LR, OF 7.5 13 CIE1-SUBP007-P4-3 NEMA1, 7.5 HP 460 V, 3-PH, UPSIZED VFD, MCP, LR, OF 10 17 CIE1-SUBP010-P4-3 NEMA 1, 10 HP 460 V, 3-PH, UPSIZED VFD, MCP, LR, OF 15 25 CIE1-SUBP015-P4-3 NEMA 1, 15 HP 460 V, 3-PH, UPSIZED VFD, MCP, LR, OF 20 30 CIE1-SUBP020-P4-3 NEMA 1, 20 HP 460 V, 3-PH, UPSIZED VFD, MCP, LR, OF 25 40 CIE1-SUBP025-P4-3 NEMA 1, 25 HP 460 V, 3-PH, UPSIZED VFD, MCP, LR, OF 30 45 CIE1-SUBP030-P4-3 NEMA 1, 30 HP 460 V, 3-PH, UPSIZED VFD, MCP, LR, OF 40 63 CIE1-SUBP040-P4-3 NEMA 1, 40 HP 460 V, 3-PH, UPSIZED VFD, MCP, LR, OF 50 77 CIE1-SUBP050-P4-3 NEMA 1, 50 HP 460 V, 3-PH, UPSIZED VFD, MCP, LR, OF 60 100 CIE1-SUBP060-P4-3 NEMA 1, 60 HP 460 V, 3-PH, UPSIZED VFD, MCP, LR, OF 75 110 CIE1-SUBP075-P4-3 NEMA 1, 75 HP 460 V, 3-PH, UPSIZED VFD, MCP, LR, OF 100 150 CIE1-SUBP100-P4-3 NEMA 1, 100 HP 460 V, 3-PH, UPSIZED VFD, MCP, LR, OF P-SERIES VFD ENCLOSED - ORDERING & SIZING INFORMATION NEMA 1 LARGE DRIVE SUBMERSIBLES (COMBINATION) Single-Phase & Three-Phase (200-230 V, 480 V), UL/NEMA 3R Enclosure 35 VOLTAGE HP MAX AMPS MODEL NO. DESCRIPTION 200-230 V,1-PHASE 3 11 CIE3R-SUBP003-P2-1 N3R, 3 HP, 230 V, 1-PH ENCLOSED VFD, MCCB, LR, OR 5 16 CIE3R-SUBP005-P2-1 N3R, 5 HP, 230 V, 1-PH ENCLOSED VFD, MCCB, LR, OR 7.5 24 CIE3R-SUBP007-P2-1 N3R, 7 HP, 230 V, 1-PH ENCLOSED VFD, MCCB, LR, OR 10 32 CIE3R-SUBP010-P2-1 (230 V ONLY) N3R, 10 HP, 230 V, 1-PH ENCLOSED VFD, MCCB, LR, OR 15 45 CIE3R-SUBP015-P2-1 (230 V ONLY) N3R, 15 HP, 230 V, 1-PH ENCLOSED VFD, MCCB, LR, OR 20 60 CIE3R-SUBP020-P2-1 (230 V ONLY) N3R, 20 HP, 230 V, 1-PH ENCLOSED VFD, MCCB, LR, OR 200-230 V, 3-PHASE 3 12 CIE3R-SUBP003-P2-3 N3R, 3 HP, 230 V, 3-PH ENCLOSED VFD, MCCB, LR, OR 5 20 CIE3R-SUBP005-P2-3 N3R, 5 HP, 230 V, 3-PH ENCLOSED VFD, MCCB, LR, OR 7.5 30 CIE3R-SUBP007-P2-3 N3R, 7.5 HP, 230 V, 3-PH ENCLOSED VFD, MCCB, LR, OR 10 40 CIE3R-SUBP010-P2-3 N3R, 10 HP, 230 V, 3-PH ENCLOSED VFD, MCCB, LR, OR 15 55 CIE3R-SUBP015-P2-3 N3R, 15 HP, 230 V, 3-PH ENCLOSED VFD, MCCB, LR, OR 20 74 CIE3R-SUBP020-P2-3 N3R, 20 HP, 230 V, 3-PH ENCLOSED VFD, MCCB, LR, OR 25 85 CIE3R-SUBP025-P2-3 N3R, 25 HP, 230 V, 3-PH ENCLOSED VFD, MCCB, LR, OR 30 100 CIE3R-SUBP030-P2-3 N3R, 30 HP, 230 V, 3-PH ENCLOSED VFD, MCCB, LR, OR 480 V, 1-PHASE 3 5.2 CIE3R-SUBP003-P4-1 N3R, 3 HP, 460 V, 1-PH ENCLOSED VFD, MCCB, LR, OR 5 8 CIE3R-SUBP005-P4-1 N3R, 5 HP, 460 V, 1-PH ENCLOSED VFD, MCCB, LR, OR 7.5 12 CIE3R-SUBP007-P4-1 N3R, 7 HP, 460 V, 1-PH ENCLOSED VFD, MCCB, LR, OR 10 18 CIE3R-SUBP010-P4-1 N3R, 10 HP, 460 V, 1-PH ENCLOSED VFD, MCCB,LR,OF 15 24 CIE3R-SUBP015-P4-1 N3R, 15 HP, 460 V, 1-PH ENCLOSED VFD, MCCB, LR, OF 20 30 CIE3R-SUBP020-P4-1 N3R, 20 HP, 460 V, 1-PH ENCLOSED VFD, MCCB, LR, OF 25 35.7 CIE3R-SUBP025-P4-1 N3R, 25 HP, 460 V, 1-PH ENCLOSED VFD, MCCB, LR, OF 30 45 CIE3R-SUBP030-P4-1 N3R, 30 HP, 460 V, 1-PH ENCLOSED VFD, MCCB, LR, OF 40 60.4 CIE3R-SUBP040-P4-1 N3R, 40 HP, 460 V, 1-PH ENCLOSED VFD, MCCB, LR, OF 50 75 CIE3R-SUBP050-P4-1 N3R, 50 HP, 460 V, 1-PH ENCLOSED VFD, MCCB, LR, OF 60 90.6 CIE3R-SUBP060-P4-1 N3R, 60 HP, 460 V, 1-PH ENCLOSED VFD, MCCB, LR, OF 75 101 CIE3R-SUBP075-P4-1 N3R, 75 HP, 460 V, 1-PH ENCLOSED VFD, MCCB, LR, OF 100 131 CIE3R-SUBP100-P4-1 N3R, 100 HP, 460 V, 1-PH ENCLOSED VFD, MCCB, LR, OF 125 178 CIE3R-SUBP125-P4-1 N3R, 125 HP, 460 V, 1-PH ENCLOSED VFD, MCCB, LR, OF 150 203 CIE3R-SUBP150-P4-1 N3R, 150 HP, 460 V, 1-PH ENCLOSED VFD, MCCB, LR, OF 200 264 CIE3R-SUBP200-P4-1 N3R, 200 HP, 460 V, 1-PH ENCLOSED VFD, MCCB, LR, OF 480 V, 3-PHASE 3 6 CIE3R-SUBP003-P4-3 N3R, 3 HP, 460 V, 3-PH ENCLOSED VFD, MCCB, LR, OF 5 9.6 CIE3R-SUBP005-P4-3 N3R, 5 HP, 460 V, 3-PH ENCLOSED VFD, MCCB,LR,OF 7.5 13.3 CIE3R-SUBP007-P4-3 N3R, 7.5 HP, 460 V, 3-PH ENCLOSED VFD, MCCB, LR, OF 10 18 CIE3R-SUBP010-P4-3 N3R, 10 HP, 460 V, 3-PH ENCLOSED VFD, MCCB, LR, OF 15 25 CIE3R-SUBP015-P4-3 N3R, 15 HP, 460 V, 3-PH ENCLOSED VFD, MCCB, LR, OF 20 30 CIE3R-SUBP020-P4-3 N3R, 20 HP, 460 V, 3-PH ENCLOSED VFD, MCCB,LR,OF 25 40 CIE3R-SUBP025-P4-3 N3R, 25 HP, 460 V, 3-PH ENCLOSED VFD, MCCB, LR, OF 30 45 CIE3R-SUBP030-P4-3 N3R, 30 HP, 460 V, 3-PH ENCLOSED VFD, MCCB, LR, OF 40 65 CIE3R-SUBP040-P4-3 N3R, 40 HP, 460 V, 3-PH ENCLOSED VFD, MCCB, LR, OF 50 77 CIE3R-SUBP050-P4-3 N3R, 50 HP, 460 V, 3-PH ENCLOSED VFD, MCCB, LR, OF 60 93 CIE3R-SUBP060-P4-3 N3R, 60 HP, 460 V, 3-PH ENCLOSED VFD, MCCB, LR, OF 75 110 CIE3R-SUBP075-P4-3 N3R, 75 HP, 460 V, 3-PH ENCLOSED VFD, MCCB, LR, OF 100 150 CIE3R-SUBP100-P4-3 N3R, 100 HP, 460 V, 3-PH ENCLOSED VFD, MCCB, LR, OF 125 185 CIE3R-SUBP125-P4-3 N3R, 125 HP, 460 V, 3-PH ENCLOSED VFD, MCCB, LR, OF 150 230 CIE3R-SUBP150-P4-3 N3R, 150 HP, 460 V, 3-PH ENCLOSED VFD, MCCB, LR, OF 200 300 CIE3R-SUBP200-P4-3 N3R, 200 HP, 460 V, 3-PH ENCLOSED VFD, MCCB, LR, OF NOTES: Phase refers to incoming power, not motor. The drive MUST BE sized according to the motor manufacturer’s maximum amperage draw. Upsize VFD for ambient temperature compensation (see VFD specs for temperature rating). If 3-Phase open delta power source, consult the hotline for further sizing information. NEMA 3R LARGE DRIVE SUBMERSIBLES (COMBINATION) Single-Phase & Three-Phase (200-230 V, 480 V), UL/NEMA 3R Enclosure P-SERIES VFD ENCLOSED - ORDERING & SIZING INFORMATION 37 VOLTAGE HP MAX AMPS MODEL NO. DESCRIPTION 600 V, 3-PHASE 2 3.3 CIE3R-SUBP002-P6-3 N3R, 2 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OF 3 6 CIE3R-SUBP003-P6-3 N3R, 3 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OF 5 7 CIE3R-SUBP005-P6-3 N3R, 5 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OF 7.5 11 CIE3R-SUBP007-P6-3 N3R, 7.5 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OF 10 16 CIE3R-SUBP010-P6-3 N3R, 10 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OF 15 19.5 CIE3R-SUBP015-P6-3 N3R, 15 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OF 20 24 CIE3R-SUBP020-P6-3 N3R, 20 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OF 25 30 CIE3R-SUBP025-P6-3 N3R, 25 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OF 30 41 CIE3R-SUBP030-P6-3 N3R, 30 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OF 40 52 CIE3R-SUBP040-P6-3 N3R, 40 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OF 50 62 CIE3R-SUBP050-P6-3 N3R, 50 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OF 60 77 CIE3R-SUBP060-P6-3 N3R, 60 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OF 75 99 CIE3R-SUBP075-P6-3 N3R, 75 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OF 100 125 CIE3R-SUBP100-P6-3 N3R, 100 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OF 125 150 CIE3R-SUBP125-P6-3 N3R, 125 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OF NOTES: Phase refers to incoming power, not motor. The drive MUST BE sized according to the motor manufacturer’s maximum amperage draw. Upsize VFD for ambient temperature compensation (see VFD specs for temperature rating). VOLTAGE HP MAX AMPS MODEL NO. DESCRIPTION 600 V,3 PHASE 2 3.3 CIE3R-CENP002-P6-3 N3R, 2 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OR 3 5 CIE3R-CENP003-P6-3 N3R, 3 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OR 5 7 CIE3R-CENP005-P6-3 N3R, 5 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OR 7.5 10.4 CIE3R-CENP007-P6-3 N3R, 7.5 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OR 10 11 CIE3R-CENP010-P6-3 N3R, 10 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OR 15 19.5 CIE3R-CENP015-P6-3 N3R, 15 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OR 20 24 CIE3R-CENP020-P6-3 N3R, 20 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OR 25 30 CIE3R-CENP025-P6-3 N3R, 25 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OR 30 32 CIE3R-CENP030-P6-3 N3R, 30 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OR 40 41 CIE3R-CENP040-P6-3 N3R, 40 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OR 50 52 CIE3R-CENP050-P6-3 N3R, 50 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OR 60 62 CIE3R-CENP060-P6-3 N3R, 60 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OR 75 77 CIE3R-CENP075-P6-3 N3R, 75 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OR 100 99 CIE3R-CENP100-P6-3 N3R, 100 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OR 125 125 CIE3R-CENP125-P6-3 N3R, 125 HP, 575 V, 3-PH ENCLOSED UPSIZED VFD, MCCB, LR, OR NOTES: Phase refers to incoming power, not motor. The drive MUST BE sized according to the motor manufacturer’s maximum amperage draw. Upsize VFD for ambient temperature compensation (see VFD specs for temperature rating). NEMA 3R LARGE DRIVE SUBMERSIBLES (COMBINATION) Three-Phase (600 V) UL/NEMA 3R Enclosure NEMA 3R LARGE DRIVE SURFACE (COMBINATION) Three-Phase (600 V) UL/NEMA 3R Enclosure NEMA 3R LARGE DRIVE OPTIONS MODEL NO. WT. (LBS) DESCRIPTION VFD-FPL 1 FAULT PILOT LIGHT (RED STANDARD) VFD-HOA HAND/OFF/AUTO SWITCH VFD-KPD-4X DOOR MOUNTED KEYPAD WITH TYPE 4X COVER VFD-KPD DOOR MOUNTED KEYPAD VFD-RPL RUN PILOT LIGHT (GREEN STANDARD) VFD-SPD DOOR MOUNTED SPEED POTENTIOMETER PSIG-100-20FT TRANSDUCER (GAUGE PRESSURE), 100 PSIG 4-20 MA, +/-0.5% ACCY PSIG-200-20FT TRANSDUCER (GAUGE PRESSURE), 200 PSIG 4-20 MA, +/-0.5% ACCY PSIG-300-20FT TRANSDUCER (GAUGE PRESSURE), 300 PSIG 4-20 MA, +/-0.5% ACCY P-SERIES VFD ENCLOSED - ORDERING & SIZING INFORMATION 38 W H 2 D MODEL NO. H W D CIE3R-CENP003-P2-1 33 22 12CIE3R-CENP005-P2-1 CIE3R-CENP007-P2-1 CIE3R-CENP010-P2-1 38 25 12 CIE3R-CENP015-P2-1 43 25 12CIE3R-CENP020-P2-1 CIE3R-CENP003-P2-3 33 22 12 CIE3R-CENP005-P2-3 CIE3R-CENP007-P2-3 CIE3R-CENP010-P2-3 CIE3R-CENP015-P2-3 38 25 12CIE3R-CENP020-P2-3 CIE3R-CENP030-P2-3 43 25 12 CIE3R-CENP003-P4-1 33 22 12CIE3R-CENP005-P4-1 CIE3R-CENP007-P4-1 CIE3R-CENP010-P4-1 38 25 12 CIE3R-CENP015-P4-1 43 25 12CIE3R-CENP020-P4-1 MODEL NO. H W D CIE3R-SUBP003-P2-1 33 22 12CIE3R-SUBP005-P2-1 CIE3R-SUBP007-P2-1 CIE3R-SUBP010-P2-1 38 25 12 CIE3R-SUBP015-P2-1 43 25 12CIE3R-SUBP020-P2-1 CIE3R-SUBP003-P2-3 33 22 12 CIE3R-SUBP005-P2-3 CIE3R-SUBP007-P2-3 CIE3R-SUBP010-P2-3 CIE3R-SUBP015-P2-3 38 25 12CIE3R-SUBP020-P2-3 CIE3R-SUBP030-P2-3 43 25 12 CIE3R-SUBP003-P4-1 33 22 12CIE3R-SUBP005-P4-1 CIE3R-SUBP007-P4-1 CIE3R-SUBP010-P4-1 38 25 12 CIE3R-SUBP015-P4-1 43 25 12CIE3R-SUBP020-P4-1 P-SERIES VFD ENCLOSED - NEMA 3R LARGE DRIVE SUBMERSIBLES DIMENSIONS MODEL NO. H W D CIE3R-SUBP025-P4-1 48 30 16CIE3R-SUBP030-P4-1 CIE3R-SUBP040-P4-1 CIE3R-SUBP050-P4-1 53 35 16CIE3R-SUBP060-P4-1 CIE3R-SUBP075-P4-1 60 60 24CIE3R-SUBP100-P4-1 CIE3R-SUBP125-P4-1 CIE3R-SUBP150-P4-1 72 60 24CIE3R-SUBP200-P4-1 CIE3R-SUBP003-P4-3 33 22 12 CIE3R-SUBP005-P4-3 CIE3R-SUBP007-P4-3 CIE3R-SUBP010-P4-3 CIE3R-SUBP015-P4-3 38 25 12CIE3R-SUBP020-P4-3 CIE3R-SUBP025-P4-3 43 25 12CIE3R-SUBP030-P4-3 CIE3R-SUBP040-P4-3 48 30 16CIE3R-SUBP050-P4-3 CIE3R-SUBP060-P4-3 MODEL NO. H W D CIE3R-SUBP075-P4-3 53 35 16CIE3R-SUBP100-P4-3 CIE3R-SUBP125-P4-3 60 60 24CIE3R-SUBP150-P4-3 CIE3R-SUBP200-P4-3 CIE3R-SUBP250-P4-3 72 60 24CIE3R-SUBP300-P4-3 CIE3R-SUBP350-P4-3 CIE3R-SUBP002-P6-3 33 22 12 CIE3R-SUBP003-P6-3 CIE3R-SUBP005-P6-3 CIE3R-SUBP007-P6-3 CIE3R-SUBP010-P6-3 CIE3R-SUBP015-P6-3 38 25 12CIE3R-SUBP020-P6-3 CIE3R-SUBP025-P6-3 43 25 12CIE3R-SUBP030-P6-3 CIE3R-SUBP040-P6-3 48 30 16CIE3R-SUBP050-P6-3 CIE3R-SUBP060-P6-3 CIE3R-SUBP075-P6-3 53 35 16CIE3R-SUBP100-P6-3 CIE3R-SUBP125-P6-3 60 60 24NEMA 3R LARGE DRIVE CENTRIFUGALS MODEL NO. H W D CIE3R-CENP025-P4-1 48 30 16CIE3R-CENP030-P4-1 CIE3R-CENP040-P4-1 CIE3R-CENP050-P4-1 53 35 16CIE3R-CENP060-P4-1 CIE3R-CENP075-P4-1 60 60 24CIE3R-CENP100-P4-1 CIE3R-CENP125-P4-1 CIE3R-CENP150-P4-1 72 60 24CIE3R-CENP200-P4-1 CIE3R-CENP003-P4-3 33 22 12 CIE3R-CENP005-P4-3 CIE3R-CENP007-P4-3 CIE3R-CENP010-P4-3 CIE3R-CENP015-P4-3 38 25 12CIE3R-CENP020-P4-3 CIE3R-CENP025-P4-3 43 25 12CIE3R-CENP030-P4-3 CIE3R-CENP040-P4-3 48 30 16CIE3R-CENP050-P4-3 CIE3R-CENP060-P4-3 MODEL NO. H W D CIE3R-CENP075-P4-3 53 35 16CIE3R-CENP100-P4-3 CIE3R-CENP125-P4-3 60 60 24CIE3R-CENP150-P4-3 CIE3R-CENP200-P4-3 CIE3R-CENP250-P4-3 72 60 24CIE3R-CENP300-P4-3 CIE3R-CENP350-P4-3 CIE3R-CENP002-P6-3 33 22 12 CIE3R-CENP003-P6-3 CIE3R-CENP005-P6-3 CIE3R-CENP007-P6-3 CIE3R-CENP010-P6-3 CIE3R-CENP015-P6-3 38 25 12CIE3R-CENP020-P6-3 CIE3R-CENP025-P6-3 43 25 12CIE3R-CENP030-P6-3 CIE3R-CENP040-P6-3 48 30 16CIE3R-CENP050-P6-3 CIE3R-CENP060-P6-3 CIE3R-CENP075-P6-3 53 35 16CIE3R-CENP100-P6-3 CIE3R-CENP125-P6-3 60 60 24 42 5.5~90 KW (7.5~125 HP) NOTES: 5G is common ground for analog input/output for 7.5-40 hp. 5G is common ground for analog meter output (S0, S1) and external motor thermal detection (ET). Use terminal V1 for V1, V1S (0~12 V -12~12 V) input. * For general reference only, not ﬁeld wiring. Consult installation instructions. P-SERIES VFD STAND ALONE -WIRING DIAGRAM 43 OUTPUT RATINGS Voltage (V)Three-phase, 200~230 V, Three-phase, 380~480 V, Three-phase 525~600 V Frequency (Hz)0~120 Hz INPUT RATINGS Voltage (V)Single- and three-phase, 200~230 V (-15%, +10%), single- and three-phase, 380~480 V (-15%, +10%), Three-phase 525~600 V (-15%,+10%) Frequency (Hz)50~60 Hz (±5%) Input Power Factor > .95 from no load to full load OPERATION Drive Efficiency > 96% Control Method V/F control, sensorless vector control Frequency Setting Resolution Digital reference: 0.01 Hz (below 99 Hz) & 0.1 Hz (100 Hz and over); Analog reference: 0.06 Hz at 60 Hz Frequency Setting Accuracy Digital: 0.01% of maximum output frequency; Analog: 0.1% of maximum output frequency V/F Ratio Linear, Square, User V/F Overload Capacity 1 minute at 120%, 10 seconds at 150% (with inverse characteristic proportional to time) Torque Boost Auto, manual (0~15%) Multi-Function Input Terminals Total 8 inputs (programmable) Analog Output 0~10 V linear INPUT SIGNAL Operator Control 32-character LCD keypad, Terminals, ModBus-RTU communication Optional, ProfiBus-DP, DeviceNet, F-Net, BACnet, LonWorks Frequency Setting Analog: 0~10 V, 4~20mA, additional port for Sub-Board (0~10 V); Digital: Keypad, Communication Start Signal Forward, reverse Multi-Step Operation Setting up to 17 speeds (using multi-function terminal) Multi-Step Accel/Decel Time 0.1~6000 seconds. Maximum 8 pre-defined steps using multi-function terminals Operational Functions DC braking, frequency limit, frequency jump, second motor function, slip compensation, reverse rotation prevention, auto restart, inverter bypass, auto-tuning, dual PID control Emergency Stop Stops output from inverter Auto Operation Operates from internal sequence by setting multi-function terminal (5 way x 8 step) Jog Jog operation Fault Reset Resets fault signal when protective function is active OUTPUT SIGNAL Operational Status Frequency detection, overload alarm, stall, overvoltage, undervoltage, inverter overheat, run, stop, constant speed, speed search, fault output, inverter bypass, auto-operation sequence Indicator Output frequency, output current, output voltage, DC voltage, output torque (output voltage: 0~10 V) PROTECTIVE FUNCTIONS Trip Overvoltage, undervoltage, overcurrent, inverter overheat, motor overheat, i/o-phase loss, fuse open, ground fault, external fault 1, 2, option fault, overload, speed command loss, hardware fault, communication error, etc. Alarm Stall, overload temperature sensor fault OPERATING ENVIRONMENT Ambient Temperature -10~40 °C (50 °C when derated 20%) or 14~104 °F (122 °F when derated 20%) Storage Temperature -20 ~65 °C or -4~149.5 °F Humidity Less than 95% relative humidity maximum (non-condensing) Vibration Below 5.9m²/sec (=0.6g) Altitude Max. 3,300 ft (1000 m): derate 1% for every additional 330 ft. Derating 20% allows for installation up to 10,000 ft Application Site Pollution degree 2. no corrosive gas, combustible gas, oil mist or dust SPECIFICATIONS P-SERIES VFD STAND ALONE -SPECIFICATIONS Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9661 Agenda Date: 9/16/2021 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Award Invitation to Bid 46-21 to Covenant Property Investors, LLC, approve the Contract for Purchase of Real Property by the City of Clearwater, Florida (City) by and between the City and Covenant Property Investors, LLC (Covenant) for the City to sell to Covenant a Parking Condominium containing 450 public parking spaces, more particularly described as Condominium Unit Pub Of North Beach Plaza Condominium, a Condominium, according to the Declaration of Condominium thereof, recorded in Official Records Book 19444, Page 145, and any amendments thereto, and the plat thereof recorded in Condominium Plat Book 159, Page 91, of the Public Records of Pinellas County, Florida, together with its undivided share in the common elements appurtenant thereto (Parking Unit), located at 490 Poinsettia Street, Clearwater, and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. SUMMARY: On June 17, 2021, the City Council declared the Parking Unit surplus for the purpose of sale, through Invitation to Bid # 46-21, whereby the successful bid was required to meet the terms set by Council. Per City Charter 2.01 (d)(5)(ii), real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with the Council’s stated purpose for declaring the property surplus. Accordingly, all qualifying bids were required to meet the following terms: ·Bid price shall exceed $12,000,000.00 The appraised value of the Parking Unit/450 parking spaces was determined by James Millspaugh & Associates, Inc., to be $11,160,000.00 and Tobias Realty Advisors to be $13,245,000.00. The city received two bids; both meet the required term listed above. Covenant submitted the successful qualifying bid with a proposed purchase price of $12,500,000.00. Consistent with City Charter 2.01 (d)(5)(ii) referenced above, staff recommends approval of the Contract. Proceeds from the sale will be credited to the Parking Fund, revenue code 435-364220, Surplus Land Sales. Page 1 City of Clearwater Printed on 9/14/2021 CITY OF CLEARWATER DUE DATE: July 28, 2021; 10:00 AM BID TABULATION SUMMARY BIDDER TOTAL BID PRICE Covenant Property Investors LLC 12,500,000.00$ SCI Pelican Walk LLC 12,200,000.00$ NOTE: Items with a star ( ) indicates intent to award. ITB #46-21, Surplus Property- North Beach Parking Plaza Garage (North Beach Plaza Condominium Unit PUB; 450 spaces) 490 Poinsettia Avenue, Clearwater, FL 1) Covenant Property Investors LLC 2) SCI Pelican Walk LLC dba Covenant Company 100 S Belcher Road, #7534 3520 Piedmont Rd., Ste 125 Clearwater, Fl 33758 Atlana, GA 30305 (727) 798-5656 (404) 771-7979 ADVERTISED: TAMPA BAY TIMES 6/30/2021POSTED:myclearwater.com 6/28-7/28/21 FOR THE CITY OF CLEARWATER Due/Opening: July 28, 2021; 10:00 a.m. INVITATION TO BID No. 46-21 Solicitation Response Listing Surplus Property- North Beach Parking Plaza Garage (North Beach Plaza Condominium Unit PUB; 450 spaces) 490 Poinsettia Avenue, Clearwater, FL Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9489-21 Agenda Date: 9/16/2021 Status: City Manager ReportVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Amend Clearwater Code of Ordinances Chapter 8, Animals, Section 8.04, Exceptions to Section 8.03, to add subsection 11 allowing for the keeping of chickens pursuant to Section 3-204.I of the Clearwater Community Development Code; amend Section 8.33 to include chickens in the list of animals owners are prohibited from allowing to roam at large; and pass Ordinance 9489-21 on first reading. SUMMARY: At the City Council meeting on May 6, 2021, the Council engaged in a discussion with city staff, residents, and chicken advocates regarding the possibility of allowing chickens in certain residential zoning districts within the City. At that meeting, the Council directed staff to prepare an ordinance that would allow such chickens. In order to implement the necessary revisions to the Community Development Code as proposed in Ordinance 8488-21, certain revisions to the Clearwater Code of Ordinances are required. Currently, Section 8.03 does not allow for the keeping of backyard chickens. This ordinance creates an exception to that prohibition. In addition, it amends Chapter 8.33 to add chickens to the animals that owners are prohibited from allowing to roam at large. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 9/14/2021 Ordinance No. 9489-21 ORDINANCE NO. 9489-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE CODE OF ORDINANCES BY PROVIDING A NEW EXCEPTION UNDER SECTION 8.04 FROM THE GENERAL KEEPING OF CERTAIN ANIMALS PROHIBITION OF THE ANIMAL CHAPTER OF THE CODE OF ORDINANCES SPECIFICALLY FOR THE KEEPING OF CHICKENS IN CERTAIN RESIDENTIAL ZONING DISTRICTS PURSUANT TO SECTION 3- 204.I OF THE COMMUNITY DEVELOPMENT CODE; AMENDING SECTION 8.33 TO CLARIFY THAT IT SHALL BE UNLAWFUL TO ALLOW CHICKENS TO WANDER PUBLIC STREETS OR THE PROPERTY OF ANOTHER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in response to community dialogue and engagement with Clearwater residents, the City wishes to allow for the keeping of chickens in certain residential zoning districts subject to specific standards and restrictions; and WHEREAS, the City has determined that revisions to the Community Development Code to allow for the keeping of chickens in certain residential zoning districts would serve to promote more diverse and healthier lifestyle choices for City residents; and WHEREAS, in order to implement the necessary revisions to the Community Development Code to allow for the keeping of said chickens, certain revisions need to be implemented in the Animal Chapter of the Code of Ordinances; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 8, Animals, Section 8.04., Exceptions to Section 8.03, Code of Ordinances City of Clearwater, be amended to add subsection (11) and read as follows: Sec. 8.04. - Exceptions to section 8.03. The provisions of section 8.03 shall not apply to the following: * * * * * * * * * * (11) The keeping of chickens pursuant to Section 3-204.I of the City of Clearwater Community development code. * * * * * * * * * * Section 2. That Chapter 8, Animals, Section 8.33., Running at Large; securing on public property or property of another, Code of Ordinances City of Clearwater, be amended to read as follows: 2 Ordinance No. 9489-21 Sec. 8.33. - Running at large; securing on public property or property of another. It shall be unlawful for any person who owns, harbors, keeps or maintains any horse, chicken, cow or other domestic animal or pet including dogs to permit such animal to wander on the public streets or on the property of another. Such animals shall not be secured except temporarily on the public streets, parks, property of another or parkways of the city, and any such horse, cow and other animal or pet including dogs found to be wandering at large out of presence of the owner, or tied or secured on the public streets or parkways of the city except temporarily shall be impounded. Section 3. Amendments to the Code of Ordinances of the City of Clearwater are hereby adopted to read as set forth in this Ordinance. Section 4. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 5. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ Matthew J. Mytych, Esq. Rosemarie Call Assistant City Attorney City Clerk