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03/17/2025Monday, March 17, 2025 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 March 17, 2025City 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. 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. All comments received by 5:00 p.m. the day before the meeting will become part of the official 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 will become part of the official 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 March Service Awards 4.2 Women Making History Month Proclamation - Allison Dolan, Clearwater Historical Society 4.3 Red Star Family Day Proclamation - Jerry Shaffer, Red Star Foundation 4.4 Proclamation for the Fair Housing Symposium - Economic Development & Housing Staff 5. Approval of Minutes Page 2 City of Clearwater Printed on 3/11/2025 March 17, 2025City Council Meeting Agenda 5.1 Approve the minutes of the March 6, 2025 City Council meeting as submitted in written summation by the City Clerk. 5.2 Approve the minutes of the February 25, 2025 special city council meeting as submitted in written summation by the City Clerk. Public Hearings - Not before 6:00 PM 6. 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 6.1 Approve amendments to the Community Development Code to establish standards for artificial turf, require landscaped areas in front yards for residentially zoned properties, and make other associated updates and pass Ordinance 9805-25 on first reading. (TA2024-07002) 6.2 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential District for 2039 Poinsetta Avenue and pass Ordinances 9814-25, 9815-25 and 9816-25 on first reading. (ANX2025-01001) 6.3 Approve the Right of Way (ROW) Vacation request from the Church of Scientology Flag Service Organization to vacate the southern portion of South Garden Avenue between Court Street and Franklin Street, as owned in fee-simple by the City of Clearwater and recorded in Plat Book 5, Page 53 of the Public Records of Pinellas County, and pass Ordinance 9812-25 on first reading. 6.4 Amend the City’s fiscal year 2024/25 operating and capital improvement budgets at first quarter and pass Ordinances 9819-25 and 9820-25 on first reading. 6.5 Approve a Clearwater Interlocal Agreement (ILA) with Pinellas Suncoast Transit Authority (PSTA) for Undergrounding of Duke Electric Utilities along Myrtle Avenue, Cleveland to Court Streets, and authorize the appropriate officials to execute same. Page 3 City of Clearwater Printed on 3/11/2025 March 17, 2025City Council Meeting Agenda 6.6 Authorize an increase and extension on the purchase order to Gator Grading and Paving LLC, of Palmetto, Florida, for the 2021 Roadway Resurfacing project on a unit price basis in the not-to-exceed amount of $1,500,000.00 bringing the purchase order total to $4,050,000.00 and extend by 153 Calendar days, through September 30, 2025, pursuant to Bid (ITB) 19-0045-EN and authorize the appropriate officials to execute same. 6.7 Approve a Contract for the Purchase of Real Property located on the Stevenson Creek Shoreline, also known as Parcel Identification Number 10-29-15-00000-120-0100, by the City of Clearwater from current owners, Kumar Kakarlapudi and Prerana Kamalakar Vaidya at the purchase price of $35,000.00 plus anticipated closing costs of up to $3,500 for a total expenditure not to exceed $38,500.00, and authorize the appropriate officials to execute same. 6.8 Approve Vehicle Use Agreement between the School Board of Pinellas County, Florida and the City of Clearwater through August 8, 2025 for the City to utilize Pinellas County School buses at a cost of $1.60 per mile plus $44.00 per hour, for a total estimated cost of $20,000 and authorize the appropriate officials to execute same. (consent)  6.9 Approve a purchase order to Motorola Solutions, Inc., of Chicago, IL, for 12 CommandCentral AXS Dispatch Consoles and NICE Logging Interface with two-years of associated warranty service for $1,303,879.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Piggyback or cooperative purchasing, Section 2.563(1)(d) Noncompetitive (Impractical), and authorize the appropriate officials to execute same. 6.10 Approve a loan in the amount of $1,000,000.00 to SAH Indigo Holdings LP for the acquisition of real property located at 801 Chestnut St. contingent upon the satisfactory outcome of, as determined by the Economic Development and Housing Director, a subsidy analysis, the receipt of a structural evaluation, approval of all funding sources, and a tenant relocation plan; and authorize the appropriate officials to execute documents required to effect closing of the loan. 7. Second Readings - Public Hearing 7.1 Adopt Ordinance 9813-25 on second reading , amending Clearwater Code of Ordinances Sections 2.413 and 2.418 to change the disability process for members of the pension plan. 7.2 Adopt ordinance 9817-25 on second reading, amending Clearwater Code of Ordinances Chapter 22, Article II, Section 22.61, to add a new section addressing motorized bicycles, hoverboards, unicycles, scooters and similar devices. Page 4 City of Clearwater Printed on 3/11/2025 March 17, 2025City Council Meeting Agenda 7.3 Continue to April 3, 2025: Adopt Ordinance 9805-25 on second reading, amending the Community Development Code to establish standards for artificial turf, require landscaped areas in front yards for residentially zoned properties, and make other associated updates. 8. City Manager Reports 9. City Attorney Reports 10. Closing comments by Councilmembers (limited to 3 minutes) 11. Closing Comments by Mayor 12. Adjourn Page 5 City of Clearwater Printed on 3/11/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0086 Agenda Date: 3/17/2025 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: City Council Agenda Number: 4.1 SUBJECT/RECOMMENDATION: March Service Awards SUMMARY: 5 Years of Service: Jeffery Barnes Public Utilities Michelle Quinzi Library Tracey Wilson Parks & Recreation Nathaniel Brown Public Communications Kelsey McCray Parks & Recreation 10 Years of Service: Richard Bennett Marine & Aviation 20 Years of Service: Craig Krueger Fire Joseph Kraus Fire Jason Matthews Fire 25 Years of Service: Deane Murray Public Utilities 30 Years of Service: Ike George Public Utilities Randy Barnoski Public Utilities STRATEGIC PRIORITY: The city of Clearwater celebrates its employees and the Superior Public Service they provide to our citizens. The city strives to attract and retain top-quality personnel through the maintenance of a competitive compensation program. The service awards are a testament to the city and our high performing government. Page 1 City of Clearwater Printed on 3/11/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0207 Agenda Date: 3/17/2025 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: City Council Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Women Making History Month Proclamation - Allison Dolan, Clearwater Historical Society Page 1 City of Clearwater Printed on 3/11/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0232 Agenda Date: 3/17/2025 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: City Council Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Red Star Family Day Proclamation - Jerry Shaffer, Red Star Foundation Page 1 City of Clearwater Printed on 3/11/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0065 Agenda Date: 3/17/2025 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: City Council Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Proclamation for the Fair Housing Symposium - Economic Development & Housing Staff Page 1 City of Clearwater Printed on 3/11/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0105 Agenda Date: 3/17/2025 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the March 6, 2025 City Council meeting as submitted in written summation by the City Clerk. Page 1 City of Clearwater Printed on 3/11/2025 City Council Meeting Minutes March 6, 2025 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, March 6, 2025 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes March 6, 2025 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Bruce Rector, Vice Mayor David Allbritton, Councilmember Ryan Cotton, Councilmember Michael Mannino and Councilmember Lina Teixeira Also Present: Jennifer Poirrier – City Manager, Daniel Slaughter – Assistant City Manager, David Margolis – 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 Rector The meeting was called to order at 6:00 p.m. 2. Invocation – Apostle Norma Fontaine-Philbert from Garden of Grace Ministries 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 Flood Awareness Week 2025 Proclamation, March 3-9, 2025- Cassie Cordova, Public Works Sustainability Manager 4.2 North Beach Update There was council consensus to provide the updates on a quarterly basis and to rename the updates to Stormwater Resiliency Update. 5. Approval of Minutes 5.1 Approve the minutes of the February 20, 2025 City Council meeting as submitted in written summation by the City Clerk. Councilmember Cotton moved to approve the minutes of the February 20, 2025 City Council meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes March 6, 2025 Page 3 City of Clearwater 6. Consent Agenda – Approved as submitted. 6.1 Approve the purchase of excess Property insurance, including Bridges, Boiler and Machinery, and Terrorism coverages, from April 1, 2025 through April 1, 2026, at the level of insurance provided for in this agenda item in a not-to-exceed amount of $5,275,000 and authorize the appropriate officials to execute same. (consent) 6.2 Accept the Highway Landscape Reimbursement Memorandum of Agreement (HLRMOA) Fiscal Year 2025 Program funds for the renovations and improvements to landscaping within the Missouri Avenue right-of-way (ROW) between Bayview Drive and Court Street, in the amount of $435,772.00 between the Florida Department of Transportation District Seven and the City of Clearwater and authorize the appropriate officials to execute same. (consent) 6.3 Authorize purchase orders to multiple vendors as listed, for various plumbing supplies in the cumulative annual not-to-exceed amount of $450,000.00 for period March 1, 2025 through January 28, 2026, with two, one-year renewal options pursuant to Clearwater Code of Ordinances Section 2.563(1)(b), Micro purchases, and Section 2.563(1)(c), Piggyback purchasing, and authorize the appropriate officials to execute same. (consent) 6.4 Authorize a purchase order to Inventech Marine Solutions LLC dba Life Proof Boats (Inventech) of Bremerton, WA, for the purchase of a 29-foot Fireboat vessel, engines, and trailer in the amount of $480,969.41, pursuant to Clearwater Code of Ordinances Sections 2.563(1)(c), piggyback, and 2.563(1)(d), non-competitive purchase (impractical); declare fireboat G4670 surplus and authorize for disposal pursuant to Section 2.623 (6) and (8) and authorize the appropriate officials to execute same. (consent) 6.5 Authorize an agreement with Cayenta, a division of N. Harris Computer Corporation of Canada for professional services and licensing related to the Utility Management System (UMS) software from Oracle to SQL server and the related reporting service from Actuate to Cognos in the not to exceed amount of $460,478.00 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(d), Non-competitive purchases (Impractical), and authorize the appropriate officials to execute same. (consent) 6.6 Ratify and confirm a purchase order to Tetra Tech, Inc. of Maitland, FL for disaster debris monitoring as a result of Hurricane Helene (Task Order 1) and Hurricane Milton (Task Order 2) in a cumulative amount of $1,751,140.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback or Cooperative purchasing, and authorize the appropriate officials to execute same. (consent) 6.7 Authorize purchase orders to Univar Solutions USA LLC of Downers Grove, IL for the supply of Sodium Hydroxide and Brenntag Mid-South of Henderson, KY for the supply of Sodium Bisulfite Aqueous Solution, in a cumulative annual not-to-exceed amount of $500,000.00 for the term March 6, 2025 through March 5, 2026, with the option of two, Draft City Council Meeting Minutes March 6, 2025 Page 4 City of Clearwater one-year renewals pursuant to Invitation to Bid (ITB) 09-25 and authorize the appropriate officials to execute the same. (consent) 6.8 Authorize a purchase order to AECOM Technical Services, Inc (AECOM) of Tampa, FL for design, bidding, and construction services for the installation of density current baffles on all four secondary clarifiers at the Marshall Street Water Reclamation Facility (MS WRF), project 24-0066-UT, in the amount of $118,892.00 pursuant to RFQ 34-23, Engineer of Record (EOR) Consulting Services and authorize the appropriation officials to execute same. (consent) 6.9 Approve an increase for the collective bargaining agreement between the City of Clearwater and International Association of Fire Fighters Bargaining Unit in the amount of $312,677 for fiscal year 2024/2025, delegate the authority to the City Manager to enter into a MOU with IAFF, and authorize the appropriate officials to execute same. (consent) 6.10 Appoint Frank Cornier to the Neighborhood and Affordable Housing Advisory Board, as the member actively engaged in the residential home building industry in connection with affordable housing category, to fill an unexpired term through September 30, 2025. (consent) 6.11 Appoint Michelle Chenault to the Community Development Board with a term expiring March 6, 2029. (consent) 6.12 Reappoint Glenna Wentworth to the Environmental Advisory Board with a term expiring October 31, 2028. (consent) 6.13 Appoint Dean Strickland to the Municipal Code Enforcement Board to fill an unexpired term through January 12, 2026. (consent) 6.14 Appoint Timothy Burnham to the Parks and Recreation Advisory Board for an unexpired term through May 31, 2026. (consent) Councilmember Teixeira 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 7. Administrative Public Hearings 7.1 Declare as surplus one City of Clearwater Gas System fee-simple owned real property 7240 US Hwy 19 N Pasco County, FL, as further defined by Parcel 32-25-16-0040-00C00-0040 within Section 32, Township 25 South, Range 16 East; now Draft City Council Meeting Minutes March 6, 2025 Page 5 City of Clearwater deemed a justifiable growth surplus necessity with said Property being publicly posted for sale to the highest qualified Bidder. In July 1994, the City Council approved Resolution 94-54, authorizing Clearwater Gas System (CGS) to expand its distribution utility into Pasco County. Following this approval, CGS identified and purchased a one-acre parcel on September 22, 1995, for $275,000 to support the expansion. This property, now vacant, previously housed a remote operations building with a warehouse facility dedicated to Pasco expansion field operations. However, during the 2008 recession, the Pasco office was closed, and all Pasco-based employees were relocated to CGS’s main facility in Clearwater, as economic conditions did not support further gas expansion at that time. Since 2008, CGS has operated solely out of the main administration/operations facility in Clearwater. However, to meet the growing energy demands of the Pasco market, including the rapidly developing residential and commercial areas along the Suncoast Parkway, State Road 52 and 54, CGS would like to sell off this property and eventually purchase another remote facility that is located closer to where CGS is growing its customer base. To support this effort, CGS established a Capital Improvement Project, which may be utilized to fund a new remote facility. The current appraised value of the surplus land is $650,000. Given its increased value and distance to where CGS is experiencing growth, repurposing this parcel is no longer a viable option. City staff have reviewed and support the designation of this property as surplus. STRATEGIC PRIORITY: High Performing Government: 1.3, 1.5 Vice Mayor Allbritton moved to declare as surplus one City of Clearwater Gas System fee-simple owned real property 7240 US Hwy 19 N Pasco County, FL, as further defined by Parcel 32-25-16-0040-00C00-0040 within Section 32, Township 25 South, Range 16 East; now deemed a justifiable growth surplus necessity with said Property being publicly posted for sale to the highest qualified Bidder. The motion was duly seconded and carried unanimously. 7.2 Approve amendments to the Clearwater Code of Ordinances Chapter 22, Article II, Section 22.61, to add a new section addressing e-bicycles, motorized bicycles, hoverboards, unicycles, scooters and similar devices and pass Ordinance 9817-25 on Draft City Council Meeting Minutes March 6, 2025 Page 6 City of Clearwater first reading. Proposed Ordinance No. 9817-25 will add a new section to the Code of Ordinances which will preclude the use of any e-bicycles, motorized bicycle, hoverboard, unicycle and scooter or similar device, excluding any medically necessary conveyances in, on or through the entirety of Beach Walk, Crest Lake Park and Coachman Park excluding those areas specifically designated for vehicular traffic such as parking lots, street rights-of-way, driveways and/or drive aisles. This amendment is the result of public input noting that motorized vehicles have been creating an unsafe environment in our parks and beaches due to the relatively high rate of speed easily achieved by these devices. The prohibition of these devices will enhance the feeling of patron safety. The Department has determined that the proposed prohibition of e-bicycles, motorized bicycles, hoverboards, unicycles, scooters and similar devices in certain areas are consistent with Goal PPP 1 of the Parks & Public Places Element of the City’s Comprehensive Plan as well as the intent and purpose of the Open Space/Recreation zoning district of the City’s Community Development Section 2-1401 which provides that is to establish areas where public and private organizations can establish and operate passive and active open space and recreation facilities which are important to the quality of life and economic vitality of the City of Clearwater without adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. At the March 3 work session, there was council consensus to limit the proposed ordinance to Beach Walk only. Staff was directed to strike “Crest Lake Park and Coachman Park” from the proposed ordinance. STRATEGIC PRIORITY: Approval of the name and operating hours modifications support several Strategic Plan Objectives, including: • 1.2: Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts. • 2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events. • 3.2: Preserve community livability through responsible development standards, proactive code compliance, and targeted revitalization. In response to a question, Parks and Recreation Director Art Kader said the e-bikes will be prohibited on both sides of Beachwalk but allowed in the street. Draft City Council Meeting Minutes March 6, 2025 Page 7 City of Clearwater Discussion ensued with a concern expressed that the ordinance will impact residents who live on the beach or individuals who work on the beach and utilize e-bikes as a preferred method of transportation in Clearwater beach. Ordinance 9817-25 was presented and read by title only. Councilmember Mannino moved to approve amendments to the Clearwater Code of Ordinances Chapter 22, Article II, Section 22.61, to add a new section addressing e-bicycles, motorized bicycles, hoverboards, unicycles, scooters and similar devices and pass Ordinance 9817-25 on first reading. The motion was duly seconded and upon roll call, the motion carried as follows: Ayes: 4 - Mayor Rector, Vice Mayor Allbritton, Councilmember Mannino and Councilmember Teixeira Nays: 1 - Councilmember Cotton 7.3 Approve amendments to the Community Development Code to establish standards for artificial turf, require landscaped areas in front yards for residentially zoned properties, and make other associated updates and pass Ordinance 9805-25 on first reading. (TA2024-07002) Proposed Ordinance No. 9805-25 contains both City Council and staff-initiated amendments to the Community Development Code. Amendments initiated by City Council propose to create regulations to permit the use of artificial turf citywide including general, location, and minimum design standards, permitting, installation, inspection, maintenance, and existing artificial turf. Other staff-initiated amendments are more clean-up amendments consisting of correcting typographical errors, reordering sections, providing clarification, adding a provision for existing developed lots, creating a front yard residential landscaped area requirement, and adding, deleting, or amending definitions as needed. The Planning and Development Department has determined that the proposed text amendments to the Community Development Code are consistent with and further the goals, objectives, and policies of the Comprehensive Plan and the Community Development Code. Staff held a workshop with the Community Development Board (CDB) on December 17, 2024, to discuss the code amendments related to artificial turf. Comments received from the board during that meeting were incorporated into the ordinance prior to the initiation of the public hearing process. Draft City Council Meeting Minutes March 6, 2025 Page 8 City of Clearwater The Community Development Board, in its capacity as the Local Planning Agency (LPA), reviewed the proposed amendments to the Community Development Code at its meeting on January 21, 2025, and recommended approval with certain modifications and considerations as follows: 1. Clarify that the requirement to bring existing lots into compliance with the landscaping standards to the greatest extent practicable if the existing use is improved or remodeled in a value of 25 percent or more, as established by Section 3-1202.A.3.a, is applicable to properties other than single-family or two-family lots. 2. Consider modifying proposed Sections 3-1202.E.2.a.6.v and 3- 1202.E.2.b.3.iv to permit the use of artificial turf in required interior and central landscape islands. 3. Consider incorporating licensure requirements into proposed Section 3- 1203.E.12 to provide clarity regarding who would qualify as a “professional with experience in installation of artificial turf”. Additionally, while not incorporated into the Board’s motion for approval, the Board discussed the desire to allow for independent appraisal to be used for the determination of 25 percent of the value of the principal structure, in addition to the value reflected in the property appraiser’s records, as established in Section 3-1202.A.3.a. Proposed Ordinance No. 9805-25 addresses the Board’s recommended clarification detailed in number 1. above. Additionally, staff has incorporated, for the City Council’s consideration, changes to Sections 3-1202.A.3.a. and 3-1401.B.3.a to provide that an independent appraisal may also be used to determine 25 percent of the value of the primary structure which, if exceeded, would require improvements to landscaping and parking. The considerations specified in 2. and 3., are not recommended by city staff to be incorporated into the ordinance for reasons specified in the staff report. STRATEGIC PRIORITY: These proposed amendments support the Environmental Stewardship and Community Well-Being goals of the city’s Strategic Plan by providing amendments to the Community Development Code that aim to maintain aesthetic appeal and permit alternative sustainable practices within the city. One individual spoke in opposition. Councilmember Cotton moved to continue Item 7.3 to March 17, 2025. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes March 6, 2025 Page 9 City of Clearwater 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 9818-25 on second reading, amending the Clearwater Code of Ordinances by creating Section 2.429 to permit firefighters to purchase prior firefighter and military service. The City of Clearwater Employees’ Pension Plan governs the payment of retirement benefits for City employees. Chapter 175, Florida Statutes permits firefighters to purchase prior firefighter and miliary service. In 2024, the City and International Association of Fire Fighters agreed to a change in the Pension Plan. Current firefighters will be eligible to purchase up to five years of prior firefighter and miliary service. The purchased years of service will be added to the member’s years of credited service. The member shall pay all costs associated with the purchased years of service. The Plan’s actuary has studied the cost of this ordinance and has determined that there is no actuarial impact. Ordinance 9818-25 was presented and read by title only. Councilmember Teixeira moved to adopt Ordinance 9818-25 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Rector, Vice Mayor Allbritton, Councilmember Cotton, Councilmember Mannino and Councilmember Teixeira 9. City Manager Reports – None. 10. City Attorney Reports – None. 11. Closing comments by Councilmembers (limited to 3 minutes) Vice Mayor Allbritton and Councilmember Teixeira reviewed recent and upcoming events. Vice Mayor Allbritton said the PSTA Grouper is now available. He said the on-demand mini-bus will take individuals from the St. Pete/Clearwater International Airport to any location on Clearwater beach for a nominal fee. Draft City Council Meeting Minutes March 6, 2025 Page 10 City of Clearwater 12. Closing Comments by Mayor Mayor Rector reviewed recent and upcoming events. 13. Adjourn The meeting adjourned at 6:36 p.m. Mayor City of Clearwater Attest City Clerk Draft Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0214 Agenda Date: 3/17/2025 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Approve the minutes of the February 25, 2025 special city council meeting as submitted in written summation by the City Clerk. Page 1 City of Clearwater Printed on 3/11/2025 City Council Meeting Minutes February 25, 2025 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Tuesday, February 25, 2025 5:30 PM Town Hall - for the purpose of receiving public comments. East Library - 2465 Drew St., SPC Community Room City Council Draft City Council Meeting Minutes February 25, 2025 Page 2 City of Clearwater Roll Call Present 5 - Mayor Bruce Rector, Vice Mayor David Allbritton, Councilmember Ryan Cotton, Councilmember Michael Mannino, and Councilmember Lina Teixeira Also Present: Jennifer Poirrier – City Manager, David Margolis – City Attorney, and Rosemarie Call – 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 Rector The meeting was called to order at 5:30 p.m. 2. Public Comments 2.1 Public Comments - Each person who wishes to address the Council shall complete a comment card and submit the card to the City Clerk (right-hand side of dais) before the speaker will be permitted to speak. Individuals will limit their comments to a maximum of three minutes. Bryan Beckman requested consideration to start a program to help residents lower their energy bills by using a small portion of the savings from city programs related to energy. He said the city of Dunedin offers several programs that assists residents with lowering their energy bills via appliance replacement, weatherization, or solar panels. Laurie Meggesin expressed safety concerns with Drew Street and requested that neighborhood safety for the residential segment of Drew Street be a priority as DOT completes the redesign. She said the neighborhood has not received any information regarding the safety improvements being implemented in the redesign. Glenna Wentworth, Trisha Kirby, and Kelly Goehl expressed concerns with flooding in the Morningside Meadows neighborhood after Hurricane Milton, which impacted 44 homes. They said the stormwater pipe was not inspected for years and urged the City to prioritize stormwater overflow and mitigation in the upcoming budget. Tony Teller said he invested his savings in the 400 and 500 blocks on Cleveland Street and requested the City to allow the Downtown merchants to have events and be the cultivators of a new narrative. Draft City Council Meeting Minutes February 25, 2025 Page 3 City of Clearwater Jake suggested bringing back annual events that will attract individuals back to Downtown. He said he will be presenting an annual plan that will engage the public monthly. Mr. Holuba expressed concerns with city leadership and the Clearwater Police Department and opposed the use of city funds for the Clearwater Ferry. Mike Taylor commented on how full the room was and said allowing public comment is what the people wanted. He described his experience with Clearwater Police Department. Sean Berry opposed censorship and draconian rules that shutdown free speech. Edgar Garcia and Pastor (did not provide his name) requested city assistance with identifying a facility for UNIMEX to host their meetings and plan events. Erica Escamilla supported removing fluoride from the City’s drinking water and requested consideration to dedicate two baseball fields at Sid Lickton for UNIMEX /LULAC to use as a basketball court and soccer field. Sam Quinto requested a meeting with Council and the Clearwater Police Chief to discuss how the new immigrations laws will impact the local Hispanic community. Sam Hutkin thanked Council and staff for their efforts after the storm. He said Council and staff are always at one’s disposal to address concerns and make things better. John Felix expressed concerns regarding the Clearwater Police Department and requested a public record regarding the total cost associated with investigating free speech activists for over a year (johnfelix@gmail.com). Eleanor Lyda said the Downtown Gateway community are pleased with the Mercado and beautiful streetscape, which was more than the community dreamed of. She thanked Council and staff for their efforts. She said she looks forward to the official grand opening and upcoming events at the Mercado. Marianna Arvizu requested security cameras be installed near the site of Emmanuel Perez’ accident. Ray Plumb said the Sand Key Civic Association partnered with the Clearwater Fire Department for a live high-rise fire training. He thanked the City and the Clearwater Fire Department for their participation and commended all city employees for their efforts. Jenny Nevin opposed the new pier being installed near Edgewater Drive and expressed concerns with the impact the increased vehicular traffic will have on residents between Sunnydale Drive and Sedeeva Street. Dennis McDermott thanked Council for having tonight’s forum. Draft City Council Meeting Minutes February 25, 2025 Page 4 City of Clearwater Unknown Male (did not identify himself) said he was prosecuted for speaking his mind and defended the First Amendment Auditors. George said elected officials work for the people and provided information regarding Smith v. City of Cumming. Patrick Raftery said tonight’s town hall was well attended and worked out well. He suggested that it may be time to pause Beach by Design due to the traffic congestion on the Beach in order to better facilitate traffic entering and leaving the beach area. Unknown Male expressed concerns with the inability to post comments on the City’s YouTube channel, which is a First Amendment violation. He said he lives in Largo but tries to support the Downtown businesses and is disheartened to see the many vacant buildings. He suggested the City buy the vacant buildings. Allison Dolan reviewed recent renovations at the Clearwater Historical Museum and reviewed recent and upcoming events. Chris Michalek thanked the City for all of the work done to make the Beach normal after the recent hurricanes. She expressed concerns with vehicular traffic in Clearwater beach and requested consideration be given to implement floating lanes on the weekends and the creation of a task force to brainstorm ideas for staff’s consideration. Unknown Male said he is being prosecuted for something he said during a recess of a public meeting. Austin said he hosted an after party this past weekend after the Of The Trees event at the BayCare Sound. It was the only after party held in Downtown Clearwater. He said he polled guests regarding Downtown and The Sound; guests provided positive feedback. He requested to meet with Council to discuss ideas to further engage individuals. Heather Young requested the City partner with Pinellas County Schools to open running tracks after hours and expressed concerns with the lack of city communications with residents regarding sand bag availability before a storm. Daniel Amend expressed concerns with the City’s efforts to limit free speech at council meetings. Frank said he is proud to live in Clearwater and thanked the Mayor and Clearwater Police Department for their efforts. Mike Mastruserio thanked Council and staff for doing their job and said he supports free speech, but individuals must be respectful. Unknown Female expressed concerns with the narrow lanes on Drew Street and supported enlarging the lanes. Draft City Council Meeting Minutes February 25, 2025 Page 5 City of Clearwater Rudy Michalek said the North Beach area was hit hard by the recent storms and requested consideration to support beach renourishment. 3. Adjourn The meeting adjourned at 7:03 p.m. Mayor City of Clearwater Attest City Clerk Draft Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: TA2024-07002b Agenda Date: 3/17/2025 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve amendments to the Community Development Code to establish standards for artificial turf, require landscaped areas in front yards for residentially zoned properties, and make other associated updates and pass Ordinance 9805-25 on first reading. (TA2024-07002) SUMMARY: Proposed Ordinance No. 9805-25 contains both City Council and staff-initiated amendments to the Community Development Code. Amendments initiated by City Council propose to create regulations to permit the use of artificial turf citywide including general, location, and minimum design standards, permitting, installation, inspection, maintenance, and existing artificial turf. Other staff-initiated amendments are more clean-up amendments consisting of correcting typographical errors, reordering sections, providing clarification, adding a provision for existing developed lots, creating a front yard residential landscaped area requirement, and adding, deleting, or amending definitions as needed. The Planning and Development Department has determined that the proposed text amendments to the Community Development Code are consistent with and further the goals, objectives, and policies of the Comprehensive Plan and the Community Development Code. Staff held a workshop with the Community Development Board (CDB) on December 17, 2024, to discuss the code amendments related to artificial turf. Comments received from the board during that meeting were incorporated into the ordinance prior to the initiation of the public hearing process. The Community Development Board, in its capacity as the Local Planning Agency (LPA), reviewed the proposed amendments to the Community Development Code at its meeting on January 21, 2025, and recommended approval with certain modifications and considerations as follows: 1.Clarify that the requirement to bring existing lots into compliance with the landscaping standards to the greatest extent practicable if the existing use is improved or remodeled in a value of 25 percent or more, as established by Section 3-1202.A.3.a, is applicable to properties other than single-family or two-family lots. 2.Consider modifying proposed Sections 3-1202.E.2.a.6.v and 3-1202.E.2.b.3.iv to permit the use of artificial turf in required interior and central landscape islands. 3.Consider incorporating licensure requirements into proposed Section 3-1203.E.12 to provide clarity regarding who would qualify as a “professional with experience in installation of artificial turf”. Additionally, while not incorporated into the Board’s motion for approval, the Board discussed the desire to allow for independent appraisal to be used for the determination of 25 percent of the value of the principal structure, in addition to the value reflected in the property appraiser’s records, as established in Section 3-1202.A.3.a. Page 1 City of Clearwater Printed on 3/11/2025 File Number: TA2024-07002b Proposed Ordinance No. 9805-25 addresses the Board’s recommended clarification detailed in number 1. above. Additionally, staff has incorporated, for the City Council’s consideration, changes to Sections 3-1202.A.3.a. and 3-1401.B.3.a to provide that an independent appraisal may also be used to determine 25 percent of the value of the primary structure which, if exceeded, would require improvements to landscaping and parking. The considerations specified in 2. and 3., are not recommended by city staff to be incorporated into the ordinance for reasons specified in the staff report. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: These proposed amendments support the Environmental Stewardship and Community Well-Being goals of the city’s Strategic Plan by providing amendments to the Community Development Code that aim to maintain aesthetic appeal and permit alternative sustainable practices within the city. Page 2 City of Clearwater Printed on 3/11/2025 1 Ordinance 9805-25 ORDINANCE NO. 9805-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 3. DEVELOPMENT STANDARDS, DIVISION 12. LANDSCAPING/TREE PROTECTION, DIVISION 14. PARKING AND LOADING, AND DIVISION 15. PROPERTY MAINTENANCE STANDARDS; BY AMENDING ARTICLE 8. DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102. DEFINITIONS; BY AMENDING APPENDIX A, SCHEDULE OF FEES, RATES, AND CHARGES, SECTION V. BUILDING AND BUILDING REGULATIONS; BY AMENDING APPENDIX B, US 19 ZONING DISTRICT AND DEVELOPMENT STANDARDS, DIVISION 5. SITE DESIGN STANDARDS; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater (the “City”) adopted the Community Development Code (the “Code”) on January 21, 1999 which was effective on March 8, 1999; and WHEREAS, the City has made numerous amendments to the Community Development Code to account for changing conditions within the City; and WHEREAS, the City finds that, due to concerns about water consumption by natural turf, and due to the availability of improved artificial turf products which simulate the appearance of natural turf while providing for water permeability, the use of artificial turf has become more common throughout the State of Florida and property owners now wish to install artificial turf; and WHEREAS, the City recognizes that while artificial turf is not an equal substitute for natural turf and groundcover, it may provide benefits in certain applications; and WHEREAS, the City desires to amend the Community Development Code to allow the use of artificial turf in certain applications, under limited conditions, and provide minimum standards for location, design standards, permitting, installation, inspection, and maintenance; and WHEREAS, the installation of artificial turf on any property not designated for parks or athletic fields is currently prohibited by the Community Development Code; and WHEREAS, any property that is not designated as a park or athletic field and has already installed artificial turf has done so in violation of the Code; and WHEREAS, artificial turf has been installed on various properties throughout the city inconsistent with the Code’s requirement of live landscaping; and WHEREAS it is difficult to document the extent of such installations as many may be in rear yards; and 2 Ordinance 9805-25 WHEREAS the City desires to provide very clear regulations for artificial turf; and WHEREAS, properties are obligated to comply with Impervious Surface Ratio (ISR) requirements established in Clearwater 2045, the city’s Comprehensive Plan; and WHEREAS, trees are a valuable asset and increase the economic and aesthetic value of residential and commercial properties; and WHEREAS, proper tree protection is necessary to ensure the longevity and overall health of trees; and WHEREAS, there is a desire to accommodate the use of artificial turf, it should also be balanced with live plant materials to maintain community standards and address environmental concerns; and WHEREAS, the City desires to create a residential landscaped area requirement to ensure living plant materials are incorporated into landscaped areas on residential properties; and WHEREAS, the City desires to amend the Community Development Code to provide clarification regarding the use of organic mulch; and WHEREAS, the City has determined that these amendments to the Community Development Code promote and support the public health, safety, morals, and welfare, of the City’s residents; and WHEREAS, the City desires for the Community Development Code to function effectively and equitably throughout the City; and WHEREAS, at a duly noticed public meeting the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered all public testimony and has determined this amendment is consistent with the City of Clearwater’s Comprehensive Plan and recommended that the City Council adopt this amendment; 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. Article 3, Development Standards, Division 12. Landscaping/Tree Protection, of the Community Development code is hereby amended as follows: 3 Ordinance 9805-25 DIVISION 12. LANDSCAPING/TREE PROTECTION/ARTIFICIAL TURF Section 3-1201. Purpose. It is the purpose of this division to establish minimum landscaping/tree protection standards in order to promote the preservation of existing tree canopies, to promote the expansion of that canopy and to promote the enhancement of the quality of existing and future development in the city. This division also establishes parameters for the use of artificial turf. Section 3-1202. - General landscaping standards. A. Applicability. 1. In general. All new landscaped areas shall be constructed in accordance with the standards in this division. 2. New uses. Any landscaped area serving a new use or a change of use shall satisfy the standards of this division. 3. Existing developed lots. Existing lots not meeting the requirements contained in this division shall be brought into full compliance to the greatest extent practicable as determined by the Community Development Coordinator under one or more of the following conditions: a. If an existing use except those uses identified in d. below is improved or remodeled in a value of 25 percent or more of the total assessed valuation of the principal structure as reflected on the property appraiser's current records at the time of application or as established by a qualified independent appraiser using a recognized appraisal method. b. If an amendment, other than a minor amendment, is required to an existing approved site plan. c. If a parking lot requires additional landscaping pursuant to the provisions of Article 3 Division 14. d. If a single-family detached dwelling and two-family attached dwelling property not meeting the requirements contained in Section 3-1205.D.2 proposes an addition to the principal structure or new accessory structure exceeding 200 square feet, that lot shall be brought into full compliance with the tree requirements as established in that section. 4. Residential Landscaped Area Requirement. Any residential property that meets one of the below scenarios shall set aside a minimum of 25% of the gross land area of the front yard for landscaped areas, which shall contain living plant materials. 1. New construction of detached or attached dwellings on property within a residential zoning district. 2. Improvements within the front yard of a property within a residential zoning district that is developed with detached or attached dwellings. 4 Ordinance 9805-25 3. Any property proposing a new installation or repair/replacement of artificial turf in the front yard. B. Plant material specifications. Except as provided in subsection (6) below, plant materials which are utilized to satisfy the landscaping required by this development code shall comply with the following minimum standards: 1. Minimum plant material standards: PLANT SIZE (at installation) OTHER REQUIREMENTS Shade Tree 10' height 2.5" caliper All materials shall be Florida Grade #1 and be planted a minimum of five feet from any impervious area. Accent Tree 8' height 2" caliper 2 accent trees = 1 shade tree; unless overhead lines are unavoidable; no more than 25% of required trees may be accent trees. All materials shall be Florida Grade #1. Palm Tree 10' clear trunk Can be used to satisfy 75% of tree requirements on Beach, Sand Key & Island Estates, 25% elsewhere in the City. Staggered clusters of 3 palm trees = 1 shade tree, except for specimen palm trees such as: phoenix canariensis (canary island date palm), phoenix dactylifera (edible date palm) and phoenix reclinata (senegal date palm), which count as shade trees on a 1:1 ratio. All materials shall be Florida Grade #1. Shrubs A.) 18—24" in height when used in a perimeter buffer - planted every 36", (measured from the center of the shrub) providing a 100% continuous hedge which will be 36", high and 80% opaque 12 months from the time a certificate of occupancy is received (excluding drives and visibility triangles where applicable) B.) 14—24" in height when used for interior - planted every 30"—36", respectively (measured from the center of the shrub) with a 3 gallon minimum 5 Ordinance 9805-25 * * * * * * * * * * 2. Exceptions. a. Single-family detached and two-family attached dwellings. The above size requirements with regard to shade trees and accent trees shall not be applied to single- family detached dwellings and two-family attached dwellings. For those uses shade trees shall have minimum height of eight feet and minimum caliper of two inches, and accent trees shall have minimum height of six feet and minimum caliper of one inch. b. Parks and athletic fields. Artificial turf may be used in lieu of plant materials in parks and athletic fields. 3. Organic mulch may be used as an integral, but minor, element of a landscaping plan as determined by the Community Development Coordinator. * * * * * * * * * * C. Irrigation. * * * * * * * * * * 9. Natural Tturf grass areas shall be irrigated on separate irrigation zones from tree, shrub and groundcover beds. 10. Retained trees, shrubs and native plant communities shall not be required to be irrigated, unless directed to do so by the cCommunity dDevelopment cCoordinator. D. Perimeter buffers. Except in the dDowntown or tTourist dDistricts, excluding the Old Florida District where landscaping requirements are defined in Beach By Design: A Preliminary Design for Clearwater Beach and Design Guidelines, or in designated scenic corridors with approved special plans, landscaping shall be installed in a perimeter buffer in accordance with the standards in this division and the following table: PLANT SIZE (at installation) OTHER REQUIREMENTS Ground Cover 1 gallon minimum - planted a maximum of 24" O.C. Encouraged in lieu of natural turf to reduce irrigation needs. Natural Turf N/A Natural Tturf areas should be consolidated and limited to areas of pedestrian traffic, recreation and erosion control, and shall be a drought tolerant species. 6 Ordinance 9805-25 1. Perimeter landscaping requirements: * * * * * * * * * * 7. The use of artificial turf in required perimeter buffers is prohibited. E. Interior landscaping. * * * * * * * * * * 2. Parking lots. If the paved vehicular use area is greater than 4,000 square feet, then landscaping for the interior of parking lots shall be provided in accordance with the following: a. Required interior islands. ADJACENT USE Detached Dwellings Attached Dwellings or Residential Equivalent Non- Residential Arterial or Collector Rights-of- Way Local Rights- of-Way PROPOSED USE Non- Residential Min. 10' wide buffer Min. 10' wide buffer Min. 5' wide buffer Min. 15' wide buffer Min. 10' wide buffer 1 Tree / 35' 100% Shrubs (6' high within 3 years) 100% Shrubs Attached Dwellings or Residential Equivalent Min. 10' wide buffer Min. 10' wide buffer Min. 10' wide buffer Min. 15' wide buffer Min. 10' wide buffer 1 Tree / 35' 100% Shrubs (6' high within 3 years) 100% Shrubs 7 Ordinance 9805-25 1. 10 percent of gross vehicular use area or 12 percent of gross vehicular area if parking spaces are greater than or equal to 110 percent of required parking shall be provided in an island. 2. Interior islands shall be incorporated into parking lot designs so that no more than 20 parking spaces are provided in a row. 3. Interior islands incorporating bioswales shall not be required to provide curbing; however: 7. If curbing is provided, then breaks shall be incorporated that would allow water to enter the bioswales within the interior islands. 8. If curbing is not provided, then a two-foot-wide gravel rock buffer shall be constructed between the edge of the pavement and the bioswale. 4. Depth of interior islands. All interior landscape islands shall have a minimum depth that is consistent with the depth of the adjacent off-street parking space. 5. Width of interior islands. All interior landscape islands shall have a minimum width of 17 feet as measured from back of curb to back of curb. 6. Required trees/plants. i. A minimum of one shade tree, or accent/palm equivalent, shall be provided in each interior landscape island. ii. One shade tree, or accent/palm equivalent, shall be provided per 300 square feet of required greenspace. iii. Shrubs shall be provided in an amount to equal or exceed 50 percent of the required greenspace. iv. Groundcover shall be utilized for required greenspace in-lieu of natural turf. v. The use of artificial turf in interior landscaped islands is prohibited. 7. Plantings associated with community gardens cannot be counted toward meeting the interior island requirements. b. Central landscape island. * * * * * * * * * * 3. Required trees/plants. i. One shade tree, or accent/palm equivalent, shall be provided per 300 square feet of island area. ii. Shrubs shall be provided in an amount to equal or exceed 50 percent of the required greenspace. iii. Groundcover shall be utilized for required greenspace in-lieu of natural turf. iv. The use of artificial turf in central landscaped islands is prohibited. * * * * * * * * * * 8 Ordinance 9805-25 Section 3-1203. - Scenic corridors. A. Purpose. The purpose of designating primary and secondary scenic corridors is to establish areas in the city which have particular significance, in terms of tourism, economic development or community character, and which therefore should have enhanced and differentiated landscaping requirements. It is anticipated that specific corridor plans will be approved by the city commission for each corridor and that when such plans are adopted, they shall constitute the requirements for landscaping along these corridors. B. Primary corridors. 1. Bayshore Boulevard 2. Belcher Road 3. Causeway Boulevard 4. Chestnut Street 5. Cleveland Street 6. Coronado Drive 7. Court Street 8. Courtney Campbell Causeway 9. Druid Road 10. East Shore Drive 11. Fort Harrison Avenue 12. Gulf Boulevard 13. Gulf to Bay Boulevard 14. Gulfview Boulevard 15. Hamden Drive 16. Mandalay Avenue 17. Marianne Street 18. McMullen-Booth Road 19. Memorial Causeway 20. Missouri Avenue 21. Pierce Boulevard 22. Poinsetta Street 23. State Road 580 24. U.S. 19 C. Secondary corridors. 1. Bayshore Drive 2. Belleair Road 3. Countryside Boulevard 4. Curlew Road 5. Drew Street 6. East Avenue 9 Ordinance 9805-25 7. Edgewater Drive 8. Enterprise Road 9. Hampton Road 10. Hercules Avenue 11. Highland Avenue 12. Keene Road 13. Lakeview Road 14. Landmark Drive 15. Myrtle Avenue 16. Northeast Coachman Road 17. Nursery Road 18. Old Coachman Road 19. State Road 590 20. Sunset Point Road Section 3-1203. – Artificial Turf. A. General standards. 1. The use of artificial turf is permitted on all properties upon approval of a building permit and must meet and maintain compliance with the provisions of this Section. 2. For properties in residential zoning districts, artificial turf shall not be counted towards the minimum required landscaped areas. 3. The use of indoor or outdoor plastic or nylon carpeting as a replacement for artificial turf or natural turf on the ground shall be prohibited. 4. Artificial turf may be used in lieu of plant materials required in Section 3-1202.B for Parks and Recreation Facilities and athletic fields. B. Location standards. 1. Artificial turf may be installed on approved concrete patios, porches, and rooftop patios or decks without a permit. 2. Artificial turf may not be installed in a right-of-way unless otherwise approved by the City Engineer. If such artificial turf is approved to be installed, a city right-of-way permit must be obtained prior to commencing work. 3. Artificial turf may not be installed in permanent drainage features such as drainage swales or ponds unless otherwise approved by the City Engineer. 4. Artificial turf shall not be installed in perimeter buffers required by Section 3-1202.D or vegetative buffers adjacent to the Preservation District or jurisdictional wetlands required by Section 3-907.A. 5. Artificial turf shall not be installed as required trees/plants in interior or central landscape islands consistent with Section 3-1202.E. 10 Ordinance 9805-25 6. Artificial turf is prohibited in any area that is used for the parking or driving of motor vehicles. C. Minimum design standards. 1. Artificial turf shall consist of green lifelike individual blades of grass that emulate natural turf in look and color except where artificial turf is used in Parks and Recreation Facilities and athletic fields. 2. Artificial turf shall have a pile height of: a. A minimum of 1.5 inches for residential installations except for specialty artificial turf installations such as K-9 grass or putting greens located in the side or rear yards, which may be approved with a shorter pile height as determined to be deemed practicable by the Community Development Coordinator. b. A minimum of 0.5 inches for nonresidential installations. 3. Artificial turf shall have a minimum face weight of 50 ounces per square yard. 4. A minimum eight-year manufacturer’s warranty that protects against color fading and a decrease in pile height is required for all artificial turf. 5. Artificial turf shall be flame retardant and free of lead and PFAS. D. Permitting. 1. Installation requires a building permit, and such supporting documentation as required the Community Development Coordinator. 2. A building permit will not be required for installation of 100 square feet or less of artificial turf installed in the side or rear yard of private property if the requirements of this Section are met. One installation of 100 square feet or less is allowed on a property and will be counted toward the property’s total impervious surface ratio (ISR). E. Installation. 1. All artificial turf shall, at a minimum, be installed according to the manufacturer's specifications. 2. Artificial turf installations shall meet tree preservation and protection requirements pursuant to Section 3-1206. 3. Installation around existing trees may be restricted to ensure tree roots are not damaged with the installation of the base material or artificial turf and that the overall health of the tree will not be compromised. 4. Drainage shall be designed so that stormwater is discharged in a manner that does not adversely affect adjacent lots, rights-of-way (ROW), and/or other downstream or upstream properties and shall follow historic flow paths in the watershed. 5. An appropriate barrier device (e.g. concrete mow strip, bender board, brick pavers), installed consistent with manufacturer’s specifications, is required to separate artificial turf from live plant materials. 6. Artificial turf seams shall be installed using a combination of seaming tape and glue with the grain of each piece of artificial turf running in the same direction. 11 Ordinance 9805-25 7. All edges shall be secured with staples or nails, trimmed to fit against all regular and irregular edges to resemble a natural look and tucked in and anchored consistent with the manufacturer's specifications. 8. If installed immediately adjacent to a seawall, artificial turf shall be pinned or staked behind the seawall. No artificial turf or installation mechanism shall be attached directly to or placed on a seawall or seawall cap. 9. After installation, artificial turf shall be visually smooth with the grain pointing in a single direction. 10. If infill is recommended by the manufacturer, it shall consist of clean silica sand or sand- based product with no plastic pellets or crumb rubber with the exception of Parks & Recreation Facilities and athletic fields which may use crumb rubber. 11. Artificial turf installed by residential property owners shall be treated as impervious and count towards the property’s impervious surface ratio (ISR). 12. Artificial turf installed by a licensed general contractor or professional with experience in installation of artificial turf will be treated as pervious if the following installation standards are met: a. Artificial turf backing must be dual flow or hole punched to allow for drainage. b. For nonresidential installations, a leveling layer shall be provided consisting of one inch of decomposed limestone or granite. c. A subbase layer shall be provided consisting of four inches or more of clean stone, which consists of washed granite or limestone that meets FDOT #4, #57, or #89 stone specifications. d. To ensure adequate retention volume in the subbase layer, a minimum size of ⅜ to 1 inch stone is required. e. The underlying soils must remain uncompacted. F. Inspection. The Community Development Coordinator shall inspect the property to verify that the artificial turf was installed in accordance with all provisions of the Development Code. G. Maintenance. 1. Artificial turf shall be maintained by the property owner in a green fadeless condition and free of dirt, mud, sand, stains, odors, weeds, debris, tears, holes, seam separations, excessive wear, and impressions. 2. Maintenance shall include but is not limited to regular rinsing with water to wash away pollen and seeds, brushing to keep the blades upright and protect against damage, debris removal, repair of depressions and ruts to maintain a visually smooth surface, elimination of odors or weeds, and ensuring edges are tucked and staked. 3. Artificial turf must be maintained in a manner so that stormwater drainage does not adversely affect adjacent lots, ROWs, and/or other downstream or upstream properties and allows historical flow paths in the watershed to continue and function. 12 Ordinance 9805-25 4. Artificial turf must be replaced if it falls into disrepair with fading/discoloration, excessive wear, holes, seam separations, heat degradation, or surfaces that are no longer level due to depressions, ruts, air pockets, or loose areas. a. Repair of artificial turf areas shall be performed with like for like materials from the same manufacturer and done in a manner that results in a repair that blends in with the existing artificial turf. b. In the event a like material cannot be obtained, then the most similar material which still meets installation standards may be used; however, evidence that supports the unavailability of a like material from the same manufacturer must be provided. c. Repair or replacement of artificial turf requires a building permit as described in this Section. d. Repair or replacement of artificial turf that is not in compliance with the regulations of this Section must bring the property into conformance to the greatest extent practicable as determined by Community Development Coordinator. H. Existing Artificial Turf. 1. Artificial turf installed before March 20, 2025 (the “Enactment Date”) is permitted to remain on a property if the below conditions are met: a. Evidence is provided to the Community Development Coordinator demonstrating the artificial turf was installed before the Enactment Date. Such evidence may be provided in the form of a dated invoice identifying the purchase of the artificial turf before the Enactment Date or other compelling evidence deemed acceptable by the Community Development Coordinator. b. If artificial turf was installed in a right-of-way before the Enactment Date, an after the fact right-of-way permit must be applied for. The City Engineer will determine if the artificial turf may remain and issue the right-of-way permit or deny the permit and require the artificial turf to be removed from the right-of-way. c. All existing artificial turf must comply with maintenance standards in Section 3-1203.G. 2. Artificial turf permitted to remain on a property will count toward the calculation of stormwater fees and the property’s ISR for purposes of future development and permitting and could impact future improvements to the property. 3. Notwithstanding this section, properties meeting one of the conditions provided under Section 3-1202.A.3 shall be brought into conformance with this Code. Section 3-1204. - Installation and maintenance. A. All required landscaping shall be installed in accordance with an approved landscape plan, including all specified conditions to a particular development approval, and inspected prior to the issuance of a certificate of occupancy or certificate of completion. In the event there are any changes to the approved landscape plan, such changes must be reviewed and approved and noted on the plan prior to notification for the final inspection for a certificate of occupancy or certificate of completion. 13 Ordinance 9805-25 B. All landscaped areas must be covered with shrubs, ground cover, natural turf, three inches of organic mulch, artificial turf (where permissible), or other suitable material which permits percolation. 1. Where mulch is used, it must be protected from washing out of the planting bed. 2. Inorganic mulch, such as gravel or rock, should only be used where washouts occur. Landscape rock with a minimum size or ¾ inch to 1 inch in diameter shall be used to redirect stormwater from gutter systems to prevent erosion. 3. Plastic sheets shall not be installed under mulches. 4. Artificial turf shall be installed according to the standards in Section 3-1203. * * * * * * * * * * Section 3-1206. - Scenic corridors. A. Purpose. The purpose of designating primary and secondary scenic corridors is to establish areas in the city which have particular significance, in terms of tourism, economic development or community character, and which therefore should have enhanced and differentiated landscaping requirements. It is anticipated that specific corridor plans will be approved by the city commission for each corridor and that when such plans are adopted, they shall constitute the requirements for landscaping along these corridors. B. Primary corridors. 1. Bayshore Boulevard 2. Belcher Road 3. Causeway Boulevard 4. Chestnut Street 5. Cleveland Street 6. Coronado Drive 7. Court Street 8. Courtney Campbell Causeway 9. Druid Road 10. East Shore Drive 11. Fort Harrison Avenue 12. Gulf Boulevard 13. Gulf to Bay Boulevard 14. Gulfview Boulevard 15. Hamden Drive 16. Mandalay Avenue 17. Marine Street 18. McMullen-Booth Road 19. Memorial Causeway 20. Missouri Avenue 14 Ordinance 9805-25 21. Pierce Boulevard 22. Poinsettia Avenue 23. State Road 580 24. U.S. 19 C. Secondary corridors. 1. Bayshore Drive 2. Belleair Road 3. Countryside Boulevard 4. Curlew Road 5. Drew Street 6. East Avenue 7. Edgewater Drive 8. Enterprise Road 9. Hampton Road 10. Hercules Avenue 11. Highland Avenue 12. Keene Road 13. Lakeview Road 14. Landmark Drive 15. Myrtle Avenue 16. Northeast Coachman Road 17. Nursery Road 18. Old Coachman Road 19. State Road 590 20. Sunset Point Road Section 2. Article 3, Development Standards, Division 14. Parking and Loading, of the Community Development code is hereby amended as follows: Section 3-1401. - Parking. * * * * * * * * * * B. Applicability. 1. In general. All off-street parking areas and loading spaces shall be constructed in accordance with the standards in this division. 2. Parking lots serving a new use. Any parking area which is to serve a new use of land, shall satisfy the standards in this Division and the landscaping standards in Article 3, Division 12. 3. Existing parking lots. Existing parking lots not meeting the requirements contained in this division shall be brought into compliance to the greatest extent practicable as determined 15 Ordinance 9805-25 by the Community Development Coordinator under one or more of the following conditions: a. If an existing use is improved or remodeled in a value of 25 percent or more of the total assessed valuation of the existing principal structure as reflected on the property appraiser's current records at the time of application or as established by a qualified independent appraiser using a recognized appraisal method. b. If an amendment, other than a minor amendment, is required to an existing approved site plan. * * * * * * * * * * Section 3-1403. - Parking lot surfaces A. Permanent surface. Except as otherwise permitted in subsection (B) of this section, all unenclosed parking lots, spaces, vehicular accessways and driveways shall be improved with a permanent all-weather paving material which is graded to drain stormwater. B. Grass surface. 1. No parking, displaying, or storing of motor vehicles shall be permitted on any grass or other unpaved area unless specifically authorized in this section. 2. Eighty-five percent of parking required for places of worship, outdoor recreational facilities and other uses as determined by the community development coordinator may have a durable grass or other permeable surface. 3. Community gardens may provide parking spaces on the grass, provided that the grass parking areas are clearly identified, dedicated and maintained in a clean and un- deteriorated manner. 4. All surface parking spaces provided in excess of the minimum required pursuant to Article 2 may be surfaced with reinforced grass or other permeable surface as approved by the City Engineer. However, all vehicular accessways and driveways for these excess parking spaces shall be improved in a manner consistent with Section 3-1403.A. 5. The city manager or the community development coordinator may permit parking on the grass or other permeable surface for public purpose needs, including reducing stormwater impacts. 6. Any grass parking areas must be a minimum of ten feet from any tree. 7. The use of artificial turf for a parking surface shall be prohibited. Section 3-1407. - Parking restrictions in residential areas. A. Restrictions. For the dual purpose of preserving attractive residential areas within the city and promoting safe unimpeded traffic circulation throughout such neighborhoods, the following parking restrictions shall apply except as provided in paragraph B of this section: * * * * * * * * * * 16 Ordinance 9805-25 5. Exception to prohibition of parking on unpaved areas on single-family and duplex residential property. One designated parking space may be located on the grass in a required front setback adjacent to and parallel to the driveway located on the property. Access to such designated parking space shall be by way of the property's driveway. If the designated parking space cannot be maintained as a grass area and is either reported by neighboring residents as a detrimental property or is identified by any code inspector as in violation of this provision, such designated parking area shall be filled in, by the property owner, with pavers, concrete, turf block or asphalt. Materials not permitted include artificial turf, crushed shell, mulch, millings, or similar material. * * * * * * * * * * Section 3. Article 3, Development Standards, Division 15. Property Maintenance Standards, of the Community Development code is hereby amended as follows: Section 3-1502. - Property maintenance requirements. * * * * * * * * * * H. Yards, and landscape areas, and artificial turf areas. 1. All required landscaping materials shall be maintained in accordance with the provisions of Article 3, Division 12. 2. Any portion of a lot not covered by a building or structure or otherwise devoted to parking, a service drive or a walkway shall be landscaped with grass or other appropriate ground cover and shall be maintained in a neat and orderly manner. 3. All Llandscape materials, including natural turf, shrubs, and trees, excluding artificial turf, whether required or optional, shall be maintained in a healthy live condition so as to present a neat and attractive appearance and so as to discourage the accumulation of trash or debris and/or infestation by pests. 4. Artificial turf shall be maintained according to Section 3-1203.G. 54. No yard, landscape area or, growth of landscape material, or artificial turf area (unless previously approved by the City Engineer) shall encroach upon the public right-of-way so as to hinder safe and convenient vehicular or pedestrian movement in the public right-of- way. 65. No yard shall be used for dumping or accumulation of any garbage, rubbish, dead animals, trash, waste vegetable or animal matter of any kind or construction debris. * * * * * * * * * * K. Public rights-of-way and sidewalks and parking surfaces. * * * * * * * * * * 1. Public rights-of-way and sidewalks adjoining an improved parcel of land which, because of its location and character, is used as if it were appurtenant to or an extension of the parcel of land, shall be maintained in a safe and clean condition by the owner of the parcel of land. The owner shall, at a minimum, keep such rights-of-way and sidewalks clear of 17 Ordinance 9805-25 litter, trash, debris, equipment, weeds, trees, shrubs and other vegetation and refuse and provide a height clearance of at least eight feet from the sidewalk pavement measured vertically from the pavement surface, unless an exception has been granted by the urban forester for protected trees. All unpaved areas shall be landscaped with grass or other ground cover unless alternative materials are approved by the city and such areas shall be regularly mowed or otherwise maintained in a neat and attractive condition. * * * * * * * * * * Section 4. Article 8, Definitions and Rules of Construction, Section 8-102. Definitions, of the Community Development code is hereby amended as follows: Section 8-102. – Definitions. * * * * * * * * * * Face weight means a measurement of the weight of the turf fibers and stitching per square yard of artificial. * * * * * * * * * * Front yard means the area between the principal structure the front property line. 18 Ordinance 9805-25 * * * * * * * * * * Landscaped area is part of a property used for growing live plants such as groundcover, vines, shrubs, and trees. Landscape material means living material used in a landscape area including but not limited to trees, shrubs, vines, natural turf, and groundcover. Landscape rock means rocks that are primarily used to enhance the appearance of gardens and front and backyard landscaped areas. Landscaping means grasses, ground covers, vines, shrubs, trees including those and inanimate durable material such as organic mulches. * * * * * * * * * * Mulch, inorganic means a type of mulch that does not decompose or return nutrients to the soil and includes materials like gravel, plastic sheeting or landscape fabric, and rubber mulch. Mulch, organic means a natural layer of plant residue, such as straw pine needles or shredded bark, covering the land surface, which conserves moisture, holds soil in place, aids in establishing plant cover, and minimizes temperature fluctuations. * * * * * * * * * * Pile height means the length of the blades of artificial turf measured from the base to the tip of the blade. * * * * * * * * * * Shell means commons shells used for hardscaping such as oyster, clam, and scallop. 19 Ordinance 9805-25 * * * * * * * * * * Turf, artificial means an artificial product manufactured from synthetic materials that effectively simulates the appearance of live/natural healthy turf, grass, sod, or lawn. Turf, natural means grass-covered soil held together by the roots of the live grass. * * * * * * * * * * Section 5. Appendix A, Schedule of Fees, Rates, and Charges, Section V. Buildings and Building Regulations, of the Community Development Code, is hereby amended as follows: Permit fees and charges: (1) Permits and fees and charges, in general; exceptions: * * * * * * * * * * (g) Tree removal and artificial turf permits are included in this fee schedule; however, are not governed nor subject to the requirements of the Florida Building Code. (2) Fee schedule. In the case of reviews, inspections and similar activities associated with building and related codes requiring a permit, the following schedule of fees shall apply: * * * * * * * * * * (k) Artificial turf permits: ….. 200.00 * * * * * * * * * * Section 6. Appendix B, US 19 Zoning District and Development Standards, Division 5. Site Design Standards, of the Community Development Code is hereby amended as follows: Section B-504. - Parking and service areas. A. Surface Parking and Service Area 1. Surface parking and service areas shall be designed to meet parking design, landscape, and screening requirements in Article 3, Divisions 12 and 14. 2. Interior islands of parking lots in new projects shall be designed to utilize Low Impact Development techniques such as bioretention swales and native species. Where parking curbs and gutters are provided, they shall have breaks to allow water to enter the bioretention facilities within the parking landscape islands. 3. Surface parking spaces provided between 85 percent and 125 percent of the minimum required in Table 2. Use & Off-Street Parking may utilize reinforced grass or other permeable surface (excluding artificial turf). All surface parking spaces provided in excess of 125 percent of the minimum required in Table 2. Use & Off-Street Parking shall utilize reinforced grass or other permeable surface. All driveways and/or access aisles shall be improved with a permanent all-weather paving material which is graded to drain stormwater, consistent with Section 3-1403.A. 20 Ordinance 9805-25 4. Where required parking is located adjacent to excess surface parking spaces, the Community Development Coordinator may permit the continuation of reinforced grass or permeable surface (excluding artificial turf) parking for the adjacent parking spaces within the same row. * * * * * * * * * * Section 7. 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 8. 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 9. 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 10. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 11. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ Bruce Rector Mayor Approved as to form: Attest: ____________________________ ____________________________ Matthew J. Mytych, Esq. Rosemarie Call, MPA, MMC Senior Assistant City Attorney City Clerk PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: January 21, 2025 AGENDA ITEM: ID#24-1601 CASE: TA2024-07002 ORDINANCE NO.: 9805-25 REQUEST: Amendments to the Community Development Code to establish standards for artificial turf, require landscaped areas in front yards for residentially zoned properties, and make other associated updates. INITIATED BY: City of Clearwater, Planning and Development Department UPDATE FOR CITY COUNCIL The Community Development Board, in its capacity as the Local Planning Agency (LPA), reviewed the proposed amendments to the Community Development Code at its meeting on January 21, 2025, and recommended approval with certain modifications and considerations as follows: 1. Clarify that the requirement to bring existing lots into compliance with the landscaping standards to the greatest extent practicable if the existing use is improved or remodeled in a value of 25 percent or more, as established by Section 3-1202.A.3.a, is applicable to properties other than single-family detached dwelling and two-family attached dwelling properties. 2. Consider modifying proposed Sections 3-1202.E.2.a.6.v and 3-1202.E.2.b.3.iv to permit the use of artificial turf in required interior and central landscape islands. 3. Consider incorporating licensure requirements into proposed Section 3-1203.E.12 to provide clarity regarding who would qualify as a “professional with experience in installation of artificial turf”. Additionally, while not incorporated into the Board’s motion for approval, the Board discussed the desire to allow for an independent appraisal to be used for the determination of 25 percent of the value of the principal structure, in addition to the value reflected in the property appraiser’s records, as established in Section 3-1202.A.3.a. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – January 21, 2025 Revised for City Council First Reading – March 6, 2025 TA2024-07002 – Page 2 Proposed Ordinance No. 9805-25 addresses the Board’s recommended clarification detailed in number 1., above. Additionally, staff has incorporated, for the City Council’s consideration, changes to Sections 3- 1202.A.3.a. and 3-1401.B.3.a to provide that an independent appraisal may also be used to determine 25 percent of the value of the primary structure which, if exceeded, would require improvements to landscaping and parking. While the Board’s discussion was focused on the provisions in the landscape code, this same language is utilized for parking. The proposed language is consistent with comparable provisions in the US 19 and Downtown Districts. No further modifications are recommended to address the Community Development Board’s suggestions detailed in numbers 2. and 3., above, for the following reasons. The proposed ordinance includes provisions to address any properties that have installed artificial turf prior to the enactment of the ordinance, permitting such artificial turf to remain, if maintained. Existing properties that may have installed artificial turf in required landscape islands would not be impacted by the proposed prohibition. Section 1-103 details the general purposes of the Community Development Code, adopted in 1999, which recognizes the different factors the City of Clearwater faces as a redevelopment community compared to other cities that have more vacant land for new development. Beautification of the city is a high priority, as is the preservation of natural resources and the aesthetic character of the community for both the resident and tourist populations. The transformation of the city aesthetically is noticeable and has been possible through both full redevelopment of properties and the incremental improvements to parking and landscaping required through the Sections referenced above. Landscape islands provide opportunities for shade and live plant materials within parking areas, and the standards have been amended in the past to address past deficiencies (i.e., larger islands spaced further apart to allow more room for trees to grow). The prohibition of the use of artificial turf is proposed to be stated for clarity to property owners but is not otherwise a change to current landscape standards. Staff explored additional options to address the Board’s suggestion regarding additional licensure requirements for professional installers, including conversations with representatives from additional companies that currently install artificial turf. To allow flexibility in the implementation of this provision, staff is recommending that no additional changes be incorporated, rather this be addressed through required documentation at the time of permit application. Section 4-202 provides a minimum list of information required for applications for development approval, and states that additional information may be required unless waived or modified by the Community Development Coordinator. This section permits the city to establish a permit application for artificial turf installation and, as previously presented to City Council, many of the details are appropriately located in an application and not directly codified. This will also provide flexibility in the implementation of the new standards, including how to best verify an installer’s credentials and experience, while keeping consistent with codified requirements. Minor modifications were made to the Ordinance between the Community Development Board hearing and the City Council first reading. These include correction of typos, moving of tables to be placed consistent with the codified code, and revising the phrasing of Proposed Section 3-1202.A.3.d to use consistent terminology as defined or used elsewhere in the Code. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – January 21, 2025 Revised for City Council First Reading – March 6, 2025 TA2024-07002 – Page 3 BACKGROUND The Community Development Code (CDC) prescribes the use of live landscaping materials for areas not occupied by buildings, structures, or pavement. Artificial turf is man-made and is not in a living condition; therefore, would not currently be permitted for use within the city, except for limited use in parks and athletic fields. In May of 2023, the city’s Code Compliance Division began issuing citations for properties where artificial turf had been installed illegally. After receiving these citations, property owners brought concerns to the attention of City Council. At the request of City Council, staff prepared a presentation on the current Code requirements and regulation of artificial turf within the city as well as information related to the impacts of the use of artificial turf. Staff presented the information to City Council in December of 2023 where the public was also permitted to voice their opinions, both in favor of or and against the use of artificial turf. Subsequent to this meeting, City Council directed staff to draft regulations to allow the use of artificial turf within the City of Clearwater. Staff reviewed existing regulations or policies regarding the use of artificial turf in other municipalities in Florida. While places like Surfside, Orlando, Winter Park, West Palm Beach, Lighthouse Point, Ocean Ridge, and Lantana have specific regulations adopted in an ordinance, most local jurisdictions either have no regulations or have an interpretation or policy on how artificial turf is handled. For those municipalities that have ordinances, regulations cover whether artificial turf is pervious or impervious, design, installation, and maintenance standards, the permitting process, and any restrictions on where artificial turf may be permitted. The City of Tampa has the most recent experience with regulating artificial turf. In the process of creating regulations for artificial turf, Tampa found limited adopted regulations and therefore opted to regulate the use of artificial turf through guidelines and a permit application process. Staff used adopted ordinances and policies as a guide to begin the creation of regulations to permit artificial turf. Staff performed additional research on artificial turf to ensure the most recent information, materials, installation techniques, and any emerging advancements in the artificial turf industry were captured in the city’s regulations. In addition, staff met with a local industry expert to discuss installation techniques and get a better understanding of how regulations and permitting may impact the artificial turf installation process. This research also provided a better understanding of artificial turf and the many complexities to this topic. Based on information gathered, staff drafted an outline of the proposed amendments and began discussions with other departments and divisions within the city including Public Works, Parks and Recreation, Code Compliance, and Land Resources. This comprehensive review of the proposed regulations ensured that all city staff that would be involved in the review and permitting of artificial turf were involved in the drafting of the ordinance and defining the process for approving an artificial turf permit. Additionally, staff conducted community engagement to share the draft ordinance and gather feedback from the community. Staff attended a Clearwater Neighborhoods Coalition meeting on August 5, 2024, and held Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – January 21, 2025 Revised for City Council First Reading – March 6, 2025 TA2024-07002 – Page 4 a community meeting at the Countryside Library on September 12, 2024. In addition, staff conducted a live webinar on September 11, 2024, that was recorded and posted to the city’s YouTube page. Attendees were interested to learn how artificial turf would be permitted, to learn how existing artificial turf installations would be treated, and in sharing concerns related to the environmental impacts of allowing artificial turf. Staff met with the Environmental Advisory Board (EAB) on September 18, 2024, to discuss the proposed amendments to the Community Development Code. Rather than allow artificial turf, the EAB recommends City Council promote Florida Friendly Landscaping practices which aim to conserve water, preserve natural resources, and reduce water pollution. However, the EAB understands the City Council has an interest in regulating artificial turf, while the product does not meet Greenprint 2.0 standards, Florida Friendly Landscaping criteria, and its environmental risks far outweigh the potential benefits, the EAB recommends City Council demand the highest possible standards including ensuring any artificial turf is PFAS free and recyclable should an ordinance be adopted. Staff collected input throughout the process of drafting this Ordinance resulting in the continued evolution of the approach based on feedback from the various stakeholders. AMENDMENT PROPOSAL Proposed Ordinance 9805-25 contains numerous amendments throughout the Community Development Code, which can be generally broken down into the following categories: 1. Artificial turf, including general standards, location standards, minimum design standards, permitting, installation, inspection, maintenance, and existing artificial turf. 2. “Clean up” amendments consisting of correcting typographical errors, reordering sections, providing clarification, adding a provision for existing developed lots, creating a front yard residential landscaped area requirement, and adding, deleting, or amending definitions as needed. The proposed amendments are detailed further within the analysis section. ANALYSIS Artificial Turf [Pages 3, 6-7, 9-13, 15-17, and 18-19 of Ordinance] Ordinance 9805-25 proposes to create regulations to permit the use of artificial turf citywide including general, location, and minimum design standards, permitting, installation, inspection, maintenance, and existing artificial turf. A new Section 3-1203 is proposed that would govern all artificial turf installations resulting in the relocation of the existing 3-1203. Scenic Corridors to a new Section 3-1206. Section 3-1203.A - General Standards This Section proposes regulations to allow the use of artificial turf citywide with approval of a permit and compliance with all provisions of Section 3-1203. Artificial turf is not a living plant material; therefore, it would not count toward any required landscaped areas. In addition, the proposed regulations prohibit the use of indoor/outdoor plastic or nylon carpeting as a replacement for artificial or natural turf. Lastly, an Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – January 21, 2025 Revised for City Council First Reading – March 6, 2025 TA2024-07002 – Page 5 existing provision that allows Parks and Recreation Facilities and athletic fields to use artificial turf in lieu of plant materials was carried over and relocated to this Section. Section 3-1203.B - Location Standards This Section proposes to limit where artificial turf may be installed. Artificial turf may be installed on approved concrete patios, porches, and rooftop patios or decks without a permit as these surfaces may already be in place and would be considered part of the properties impervious surface ratio (ISR). Artificial turf may not be installed in a right-of-way or permanent drainage feature without approval of the City Engineer. These areas may contain infrastructure that could be impacted by the excavation and compacting required for artificial turf installation. If artificial turf is proposed within a right-of-way, a city right-of-way permit would be required. Artificial turf is prohibited from being installed in required perimeter or vegetative buffers, interior or central parking islands, or areas used for parking or driving of motor vehicles. As previously noted, artificial turf is not a live plant material and buffers and islands are intended to contain live plant materials. In addition, artificial turf is not considered an all-weather driving surface; therefore, it cannot be used as a parking or driving surface. Section 3-1203.C - Minimum Design Standards This Section proposes regulations establishing quality and design standards for artificial turf. With the exception for Parks and Recreation Facilities and athletic fields, artificial turf must be green lifelike blades that look like natural turf. The minimum pile height is required to be 1.5 inches for residential installations and 0.5 inches for nonresidential installations. Pile height is the height of the blades of grass. Longer blades of grass are for low traffic areas like residential yards and are softer, more flexible, and more natural looking. Shorter blades of grass are meant for high traffic areas like playgrounds or athletic fields and are firmer, more durable, and easier to clean. The minimum pile height for residential uses is proposed to be 1.5 inches except for specialty artificial turf installations such as K-9 grass or putting greens located in the side or rear yards, which may be approved with a shorter pile height as determined to be deemed practicable by the Community Development Coordinator. The minimum pile height for nonresidential uses is proposed to be 0.5 inches. The minimum face weight for all artificial turf is required to be 60 ounces per square yard. The face weight is the weight of the grass fiber materials per square yard where higher weight result in a better quality and more durable artificial turf. The average face weight for residential uses in between 50 and 80 ounces per square yard with higher number giving a higher quality and a denser and sturdier artificial turf. The average face weight for an athletic field would be between 40 and 90 ounces per square yard with 60 ounces being recommended for sports fields or areas of intense activity. For safety and longevity, all artificial turf must flame retardant, free of lead and PFAS, and provide a minimum 8-year manufacturer’s warranty. Section 3-1203.D - Permitting This Section proposes to require a permit for installation of artificial turf. This permit would be reviewed by city staff in Land Resources, Development Review, and Engineering for compliance with the Code. This Section allows the Community Development Coordinator to establish what information will be required, and staff will create an application that includes submittal requirements and the process for review and approval. The submittal requirements will include the following documentation: • A landscape plan or survey; and Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – January 21, 2025 Revised for City Council First Reading – March 6, 2025 TA2024-07002 – Page 6 • Tree preservation plan, if required; and • Scaled edge detail or cross section similar to the one below; and • Manufacturer’s specifications including installation instructions and warranty. In addition, the proposed regulations create an option to allow installation of 100 square feet or less of artificial turf without a permit; however, this approved area would count toward the property’s ISR and is limited to one such installation per property. This would allow flexibility for a property owner to install a small area of artificial turf. Section 3-1203.E - Installation This Section proposes regulations to ensure quality installation of artificial turf and determine whether it would be treated as pervious or impervious. If trees are located on or overhanging the property, a tree preservation plan will be required to evaluate any potential impacts to the tree. All artificial turf is required to be installed meeting the manufacturer’s specifications. This installation must be designed to not adversely impact other properties or the right-of-way and follow the historic flow of the watershed. This can be accomplished through an underdrain system installed within the subbase or through a pervious installation as detailed later in this Division. To deter live plant materials from growing under and within the artificial turf, a barrier would be required to separate the artificial turf from live plant materials, limiting the amount of debris and seeds that may fall on the artificial turf. To ensure artificial turf stays in place and resembles a natural look, seams must be installed with seaming tape and glue and edges must be trimmed to fit all regular and irregular shapes and tucked and anchored consistent with manufacturer’s specifications. In addition, the proposed regulations require that artificial turf be pinned or staked behind any seawall and not be attached to a seawall or seawall cap. After installation, artificial turf must be visually smooth with grain pointing in single direction. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – January 21, 2025 Revised for City Council First Reading – March 6, 2025 TA2024-07002 – Page 7 Infill is the granular material applied on top of artificial turf after installation and serves as a ballast, keeping the turf weighted down and level and provides a similar footing to natural turf. Infill also provides an extra layer of cushioning, maintains the fibers in an upright position, and extends the life of the artificial turf. If infill is recommended by the manufacturer or proposed for use in any artificial turf installation, it must be a clean silica sand or a sand-based product. The use of plastic pellets or crumb rubber infill is prohibited with the exception of Parks and Recreation Facilities and athletic fields, which may use crumb rubber to provide a safer surface in high traffic areas. Artificial turf may be installed by a residential property owner; however, it would count toward the property’s ISR. The installation of artificial turf has several steps that require knowledge and equipment to be done properly in order to be treated as pervious. Artificial turf installed by a contractor or professional with experience installing artificial turf may be treated as pervious if the following are met: • Backing must be dual flow or hole punched for drainage; and • For nonresidential installation only: a minimum of a one-inch leveling layer composed of decomposed limestone or granite is provided; and • A minimum of a four-inch subbase composed of washed granite or limestone that meets FDOT #4 57, or 89 stone is provided; and • The subbase stone size is a minimum of ⅜ to 1 inch; and • The underlying soils remain uncompacted. In addition, the contractor or professional installer would be required to sign a verification form certifying that the artificial turf was installed compliant with the Code and meets the city’s definition of pervious. This provides a professional assurance that the artificial turf was installed per the manufacturer’s specifications and will have no adverse impacts on adjacent properties or the right-of-way. Section 3-1203.F - Inspection This Section proposes regulations requiring the city to inspect properties where artificial turf has been installed for compliance with all provisions in the Code. An initial inspection would be required for any artificial turf installations that may impact trees on the property and a final inspection would be required for all artificial turf installations. Staff is proposing a process that would limit the number of inspections to allow the installation of artificial turf to be completed without interruption after a permit is issued. Upon completion of installation, the following information must be submitted to request a final inspection: • A copy of the aggregate testing report (from the aggregate supplier) to document the clean stone used in the subbase layer meets FDOT gradation requirements (if treated as pervious). • A Verification Form stating the artificial turf was installed pursuant to this section and the manufacturer’s specifications and indicating whether the installation meets this Code’s definitions of impervious or treated as pervious. • Photos of the subbase and leveling layers prior to covering each layer. • Photos of project area post installation including any areas where tree barricades were previously installed. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – January 21, 2025 Revised for City Council First Reading – March 6, 2025 TA2024-07002 – Page 8 Section 3-1203.G - Maintenance This Section proposes regulations to ensure proper maintenance of artificial turf as well as repair and replacement when needed. Artificial turf must be kept in a green fadeless condition and free of dirt, mud, sand, stains, odors, weeds, debris, tears, holes, seam separations, excessive wear, and impressions. This can be accomplished through proper maintenance including rinsing to wash away pollen and seeds, brushing to keep blades upright and protect against damage, debris removal, elimination of odors or weeds, and ensuring edges stay tucked and staked. Maintenance also includes ensuring that artificial turf continues to allow infiltration, and any stormwater drainage does not adversely impact adjacent properties or the right-of-way over time. If artificial turf were to fall into disrepair and repair or replacement is necessary, the property owner must use the same artificial turf that exists on the property or similar materials that will blend with the existing turf. Any repair or replacement of artificial turf would require a permit and if there are areas of artificial turf that do not comply with Section 3-1203, the property owner would be required to bring the property into conformance to the greatest extent deemed practicable by the Community Development Coordinator. Staff would work with the property owner to identify any nonconformities and discuss what could be done to bring to property more into conformance with the Code. Section 3-1203.H - Existing Artificial Turf This Section proposes regulations related to properties that installed artificial turf prior to the adoption of this Ordinance. At this point there is no way for staff to equitably identify properties with existing artificial turf as staff is unaware of the number of properties that may have already installed artificial turf in the backyard or other areas not visible from the public access. It would be a large undertaking for staff to bring them all into conformance at one time; therefore, regulations are being proposed to allow artificial turf installed before the enactment date of this Ordinance to remain if the following are met: • Evidence demonstrating the turf was installed prior to enactment date is provided; and • If any artificial turf was installed within the right-of-way (ROW), an after-the-fact ROW permit must be applied for; and • All existing artificial turf must comply with maintenance standards in Section 3-1203.G. This allows property owners who comply with the above requirements to keep the existing artificial turf as long as they maintain it. Any existing artificial turf permitted to remain would count towards the calculation of stormwater fees and the property’s ISR, which may impact future improvements to the property. Appendix A, Schedule of Fees, Rates, and Charges, Section V Buildings and Building Regulations This Section clarifies that tree removal and artificial turf permits are included in this Section; however, they are not subject to the Florida Building Code. Additionally, a new fee is proposed for artificial turf permits of $200 to cover the cost of staff review and inspection. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – January 21, 2025 Revised for City Council First Reading – March 6, 2025 TA2024-07002 – Page 9 Additional Amendments [Pages 3-5, 7-9, 12-14, and 17-18 of Ordinance] The additional proposed amendments are considered to be clean up amendments and consist of correcting typographical errors, reordering sections, providing clarification, adding a provision for existing developed lots, creating a residential landscaped area requirement for residential front yards, and adding, deleting, or amending definitions as needed. Section 3-1202, General Landscaping Standards, is being updated to add a requirement for existing single- family and two-family lots to come into full compliance with the tree requirements when an addition or improvement to the lot is proposed. In addition, a new subsection is being added to create a residential landscaped area requirement of 25% of the front yard for residentially zoned properties under certain circumstances. Section 8-102, Definitions, is being updated to include definitions that relate to artificial turf and other nonliving landscape materials including clarification of organic mulch; adding face weight, landscaped area, landscape material, landscape rock, inorganic mulch, natural turf, artificial turf, pile height, and shell; and deleting landscaping. Additionally, a definition along with diagrams is being added for front yard. 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. Objective CCM 1.2 Continue to protect floodplains, drainage ways, and all other natural resources from encroachment and development. Policies QP 5.6.1 Continue to protect trees during site development or redevelopment through standards in the CDC. QP 5.6.2 Ensure new development is sited to reduce impacts to trees within rights-of-way. CCM 1.4.3 Consider adopting performance standards to reduce the current rates of potable water consumption. SS 1.5.3 Continue to develop strategies aimed at reducing potable water consumption. The proposed amendments related to the regulation of artificial turf are supported by Objective CCM 1.2. Ensuring that any artificial turf installations do not adversely affect adjacent lots or ROW, and that any drainage follow historic flows and protects drainage ways from negative impacts related to artificial Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – January 21, 2025 Revised for City Council First Reading – March 6, 2025 TA2024-07002 – Page 10 turf. Additionally, limiting the use of artificial turf where the city has drainage easements allows the City Engineer to review any installation for impacts to the drainage system prior to approval. Policies QP 5.6.1 and 5.6.2 support limiting the use of artificial turf under trees, requiring a tree preservation plan to evaluate the species and size of each tree to determine a protection zone. Policies CCM 1.4.3 and SS 1.5.3 support permitting artificial turf in an effort to conserve water resources that would be spent on maintenance of natural turf. As such, the proposed amendments within Ordinance 9805-25 furthers the Comprehensive Plan through the specific objective and policies referenced above. 2. The proposed amendments further the purposes of the Community Development Code (CDC) 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: • It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.A., CDC). • It is the purpose of the Community Development Code to create value for the citizens of the City of Clearwater by allowing property owners to enhance the value of their property through innovative and creative redevelopment (Section 1-103.B.1, CDC). • It is the further purpose of this Development Code to make the beautification of the city a matter of the highest priority and to require that existing and future uses and structures in the city are attractive and well-maintained to the maximum extent permitted by law (Section 1-103.D, CDC). The proposed amendments in this Ordinance will further the above referenced purposes of the Community Development Code by providing standards for the use of artificial turf. Through the regulations of this Ordinance, the city is encouraging the continued investment in properties by requiring residential properties to maintain 25% of the front yard of a property as a landscaped area containing living plant materials and allowing property owners to enhance the value of their property through the installation of artificial turf. Regulations for design standards and maintenance of artificial turf are also proposed to ensure properties utilizing artificial turf are attractive and well-maintained. Additionally, amendments in this Ordinance propose to establish reasonable standards which encourage orderly development that will enhance the character of the city. As such, proposed Ordinance No. 9805-25 furthers the purposes in the CDC. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – January 21, 2025 Revised for City Council First Reading – March 6, 2025 TA2024-07002 – Page 11 RECOMMENDATION The Development Review Committee (DRC) reviewed the proposed text amendments to the Community Development Code at the DRC meeting of July 1, 2024. The Planning and Development Department, having reviewed the requirements of the Community Development Code, recommends APPROVAL of Ordinance 9805-25. Prepared by Planning and Development Department Staff: ___________________________ Lauren Matzke, AICP Interim Planning and Development Director ATTACHMENTS: Ordinance No. 9805-25 Resume 1CITY OF CLEARWATER | Artificial Turf Lauren Matzke Planning & Development March 2025 Proposed Ordinance No. 9805-25 City Council First Reading 2CITY OF CLEARWATER | Why Artificial Turf? •Artificial turf is becoming more popular. •City code currently does not allow artificial turf. •City Council directed staff to draft regulations to allow artificial turf. 3CITY OF CLEARWATER | Proposed Amendments Creating residential landscaped area requirement 4CITY OF CLEARWATER | Proposed Amendments Standards that address: Location 5CITY OF CLEARWATER | Proposed Amendments Standards that address: Design/Material 6CITY OF CLEARWATER | Proposed Amendments Standards that address:Permitting 7CITY OF CLEARWATER | Proposed Amendments Standards that address: Installation 6CITY OF CLEARWATER | Proposed Amendments Standards that address:Inspections 8CITY OF CLEARWATER | Proposed Amendments Standards that address: Maintenance 9CITY OF CLEARWATER | Proposed Amendments Standards that address: Existing Artificial Turf •Submit evidence demonstrating the turf was installed prior to the enactment date; and •If turf is in the right-of-way, an after the fact permit must be applied for; and •All existing turf must comply with maintenance standards. Existing artificial turf may remain if the following are met: 12CITY OF CLEARWATER | Proposed Amendments Other amendments include: •Correcting typographical errors •Reordering sections •Providing clarification •Adding a provision for existing developed lots •Updating definitions 12CITY OF CLEARWATER | Community Development Board Recommended Approval with Modifications and Considerations: •Clarify “25% Rule” for landscape code compliance does not apply to single-family detached dwelling and two-family attached dwelling properties •Consider permitting artificial turf in required landscape islands •Consider licensure requirements for professional installers 12CITY OF CLEARWATER | Proposed Ordinance No. 9805-25 Modifications incorporated: •“25% Rule” clarification for landscape code compliance (Modification #1 from CDB) •Allowance for independent appraisals in application of “25% Rule” (proposed for both landscaping and parking) •Corrections to typos and terminology CDB considerations #2 and #3 not recommended 1CITY OF CLEARWATER | Artificial Turf Lauren Matzke Planning & Development March 2025 Proposed Ordinance No. 9805-25 City Council First Reading 1 Business Impact Estimate This form must be posted on the city’s website by the time notice of the proposed ordinance is published for public hearing. The following Business Impact Estimate is hereby provided for the following ordinance in accordance with Section 166.041(4), Florida Statutes and represents the City of Clearwater’s good faith estimate of the business impact of said ordinance. Note: Business Impact Estimates are not required for the following types of ordinances: 1. Ordinances required for compliance with federal or state law or regulation; 2. Ordinances relating to the issuance or refinancing of debt; 3. Ordinances relating to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; 4. Ordinances required to implement a contract or an agreement, including, but not limited to, any federal, state, local, or private grant, or other financial assistance accepted by a municipal government; 5. Emergency ordinances; 6. Ordinances relating to procurement; or 7. Ordinances enacted to implement the following: a. Development orders and development permits, as those terms are defined in Section 163.3164, Florida Statutes, and development agreements, as authorized by the Florida Local Government Development Agreement Act under Section 163.3220-163.3243, Florida Statutes; b. Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the municipality; c. Sections 190.005 and 190.046, Florida Statutes; d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 1. Proposed Ordinance title: ORDINANCE NO. 9805-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 3. DEVELOPMENT STANDARDS, DIVISION 12. LANDSCAPING/TREE PROTECTION, DIVISION 14. PARKING AND LOADING, AND DIVISION 15. PROPERTY MAINTENANCE STANDARDS; BY AMENDING ARTICLE 8. DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102. DEFINITIONS; BY AMENDING APPENDIX A, SCHEDULE OF FEES, RATES, AND CHARGES, SECTION V. BUILDING AND BUILDING REGULATIONS; BY AMENDING APPENDIX B, US 19 ZONING DISTRICT AND DEVELOPMENT STANDARDS, DIVISION 5. SITE DESIGN STANDARDS; CERTIFYING 2 CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 2. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): This ordinance establishes standards for the installation of artificial turf within the city’s landscape code, including: where it can be installed; design / material standards; permitting via building permit which can be applied for by a contractor, professional installer, or homeowner; installation standards, such as those that must be met for artificial turf to be treated as pervious, and how tree preservation will be handled; maintenance requirements; and how existing artificial turf installation will be handled (allowed to stay). The city’s Community Development Code is a redevelopment code, and beautification of the city is a high priority, as is the preservation of natural resources and the aesthetic character of the community for both the resident and tourist populations. 3. An estimate of the direct economic impact of the proposed ordinance on private, for-profit business in the City of Clearwater, if any: a. An estimate of direct compliance costs that businesses may reasonably incur; Outside of the cost for the materials and installation in a code-compliant manner, direct costs include the payment of an artificial turf permit fee (new) and a right-of-way permit fee (existing), applicable if artificial turf is proposed to be installed within the right-of-way. Businesses who wish to install artificial turf are anticipated to primarily use professional installers or contractors, but this is not a cost incurred only because of this ordinance. b. Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible for; and The proposed artificial turf permit fee is $200.00. Current right-of-way permit fees are $25.00 for residential properties and $125.00 for commercial properties. c. An estimate of the City of Clearwater’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. The city does not project that this new regulation will generate revenue, as that is not the intent for this ordinance change. The proposed artificial turf permit fee is expected to cover staff review time, which will involve representatives from land resources (arborists), engineering and zoning, as well as final inspection to confirm proper installation. Support staff, including permit technicians, will assist with permit processing. To ensure artificial turf is being maintained properly or is brought into compliance, code inspector time may be needed in the long term; however, this will be addressed by the existing staff as part of their daily work. 4. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinances: An estimated 5-10 businesses in the first year may apply to install artificial turf, with others in upcoming years. 3 5. Additional information the governing body deems useful (is any): This ordinance was developed with the assistance of persons in the artificial turf industry. Additionally, city staff researched what other jurisdictions currently require as a foundation for certain proposed standards. Staff also gained insights from those regarding what they might seek to modify if given the opportunity so that their requirements functioned better for all parties (city and property owners). This ordinance is intended to provide clear standards without creating an undue burden of process. This is captured in the proposed approach to permitting, installation, and inspections. INDIVIDUAL SPEAKER Citizen Comment Card Name: 6 tenkikWed-tog-1g Address: --`7 gam Pivi City: alit 11444ei zip: 3370# Telephone Number: Email Address: 6utic iltvav ®ydkoo . Cr/ qv 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: 6 !4 )11 . Address: (7) .(& City: Z Zip: _D 7 n Telephone Number: )? Cs/ 'Y Email Address: vrti < 7fi Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. 1 04 9 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 of ten minutes." Please have each member of the group in attendance sign and print their name on the revere of this card. Name: ILL - /A Ail C. \ 1 O 4.i S a kJ Address: p76. E ,1 F- A_ CyLC- City: cL-, _G234 7E ( Zip: 3 3 W, Telephone Number: 7 7 L/03- to 4 C--TD/6S @ LCddb_ , Email Address: , ' FJ1?'( Agenda item to which you wish to speak: Le) /T Dvd /XnblfC. 7-76 What is your position on the item? For Against X CLEARWATER BRIGHT AND BEAUTIFUL • BAYTO BEACH Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2025-01001 Agenda Date: 3/17/2025 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential District for 2039 Poinsetta Avenue and pass Ordinances 9814-25, 9815-25 and 9816-25 on first reading. (ANX2025-01001) SUMMARY: This voluntary annexation petition involves a 0.114-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the east side of Poinsetta Avenue approximately 50 feet north of Idlewild Drive. The applicant is requesting annexation in order to receive sanitary sewer. The site is located within an enclave and is contiguous to existing City boundaries to the west. The property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The city has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and Emergency Medical Services (EMS). The property currently receives water service from the city of Clearwater and the closest sanitary sewer line is located in the adjacent Poinsetta Avenue right-of-way. 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 EMS will be provided to this property by Station #51 located at 1712 Overbrook Avenue. Therefore, the proposed annexation will not have an adverse effect on public services and their levels of service; and ·The proposed annexation is consistent with and promotes the following objective and policy of Clearwater 2045, the city’s Comprehensive Plan: Objective PI 9.1 Continue to work with Pinellas County in the orderly annexation of the city’s existing enclaves. Policy PI 9.1.2 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Urban (RU) Future Land Use Map designation is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed Zoning Atlas designation is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the Low Medium Density Residential (LMDR) 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 Page 1 City of Clearwater Printed on 3/11/2025 File Number: ANX2025-01001 Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing City boundaries to the west therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: This annexation petition supports the Deliver Effective and Efficient Services by Optimizing City Assets and Resources goal of the city’s Strategic Plan by reducing enclaves and delivering city services to properties within the city’s service boundary. This petition also supports Ensure Exceptional Communities and Neighborhoods Where Everyone Can Thrive goal by better unifying neighborhoods and reducing issues with multiple jurisdictions. Page 2 City of Clearwater Printed on 3/11/2025 Ordinance No. 9814-25 ORDINANCE NO. 9814-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF POINSETTA AVENUE APPROXIMATELY 50 FEET NORTH OF IDLEWILD DRIVE, WHOSE POST OFFICE ADDRESS IS 2039 POINSETTA AVENUE, CLEARWATER, FLORIDA 33755 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 8, Block G, Brooklawn, according to the map or plat thereof, as recorded in Plat Book 13, Page(s) 59, of the Public Records of Pinellas County, Florida. (ANX2025-01001) 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. 9814-25 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Bruce Rector Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ANNEXATION Owner(s): Joseph and Anne Reed Case: ANX2025-01001 Site: 2039 Poinsetta Aveune Property Size(Acres): ROW (Acres): 0.114 acres Land Use Zoning PIN: 03-29-15-12060-007-0080 From: Residential Urban (RU) R-4, One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9815-25 ORDINANCE NO. 9815-25 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 EAST SIDE OF POINSETTA AVENUE APPROXIMATELY 50 FEET NORTH OF IDLEWILD DRIVE, WHOSE POST OFFICE ADDRESS IS 2039 POINSETTA AVENUE, CLEARWATER, FLORIDA 33755 UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 8, Block G, Brooklawn, according to the map or plat thereof, as recorded in Plat Book 13, Page(s) 59, of the Public Records of Pinellas County, Florida. Residential Urban (RU) (ANX2025-01001) 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. 9814-25. Ordinance No. 9815-25 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Bruce Rector Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit "A" PROPOSED FUTURE LAND USE MAP Owner(s): Joseph and Anne Reed Case: ANX2025-01001 Site: 2039 Poinsetta Aveune Property Size(Acres): ROW (Acres): 0.114 acres Land Use Zoning PIN: 03-29-15-12060-007-0080 From: Residential Urban (RU) R-4, One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9816-25 ORDINANCE NO. 9816 -25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF POINSETTA AVENUE APPROXIMATELY 50 FEET NORTH OF IDLEWILD DRIVE, WHOSE POST OFFICE ADDRESS IS 2039 POINSETTA AVEANUE, CLEARWATER, FLORIDA 33755 UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9814-25. Property Zoning District Lot 8, Block G, Brooklawn, according to the map or plat thereof, as recorded in Plat Book 13, Page(s) 59, of the Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2025-01001) Ordinance No. 9816-25 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Bruce Rector Mayor Approved as to form: Matthew J. Mytych, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ZONING MAP Owner(s): Joseph and Anne Reed Case: ANX2025-01001 Site: 2039 Poinsetta Aveune Property Size(Acres): ROW (Acres): 0.114 acres Land Use Zoning PIN: 03-29-15-12060-007-0080 From: Residential Urban (RU) R-4, One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Joseph and Anne Reed Case: ANX2025-01001 Site: 2039 Poinsetta Aveune Property Size(Acres): ROW (Acres): 0.114 acres Land Use Zoning PIN: 03-29-15-12060-007-0080 From: Residential Urban (RU) R-4, One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 0BAERIAL PHOTOGRAPH Owner(s): Joseph and Anne Reed Case: ANX2025-01001 Site: 2039 Poinsetta Aveune Property Size(Acres): ROW (Acres): 0.114 acres Land Use Zoning PIN: 03-29-15-12060-007-0080 From: Residential Urban (RU) R-4, One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 0BEXISTING SURROUNDING USES MAP Owner(s): Joseph and Anne Reed Case: ANX2025-01001 Site: 2039 Poinsetta Aveune Property Size(Acres): ROW (Acres): 0.114 acres Land Use Zoning PIN: 03-29-15-12060-007-0080 From: Residential Urban (RU) R-4, One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Attached Dwellings ANX2025-01001 Joseph & Anne Reed 2039 Poinsetta Avenue View looking east at the subject property, 2039 Poinsetta Avenue Across the street, to the west of the subject property South of the subject property North of the subject property View looking northerly along Poinsetta Avenue View looking southerly along Poinsetta Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9812-25 Agenda Date: 3/17/2025 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Public Works Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Approve the Right of Way (ROW) Vacation request from the Church of Scientology Flag Service Organization to vacate the southern portion of South Garden Avenue between Court Street and Franklin Street, as owned in fee-simple by the City of Clearwater and recorded in Plat Book 5, Page 53 of the Public Records of Pinellas County, and pass Ordinance 9812-25 on first reading. SUMMARY: On December 5, 2024, the Church of Scientology Flag Service Organization submitted an application to vacate City ROW, located at South Garden Avenue between Court Street and Franklin Street. The City is the fee-simple owner of this land by statute since the right of way has been fully improved and maintained for a significant period. The area proposed to be vacated contains .65 acres more or less, including 22 city-paid parking spaces. A multi-departmental internal review was completed on January 13, 2025. Said Internal review identified the following utilities or interests on the property: Stormwater- a 48-inch gravity-fed pipe runs the entire length of the vacated area. Utility- an 8-inch gravity-fed sanitary sewer pipe with laterals crosses over the vacated area. Parking- there are 22 paid parking spaces. Planning & Development - Vacation of this ROW is inconsistent with the Clearwater 2045 Comprehensive Plan Mobility Policies M 1.1.14 and M 1.1.15 and the Downtown Redevelopment Plan, Goal 2 which promotes a connected network with mobility choices and Objective 2A which discourages the vacation of streets unless new public streets and alleys are constructed to replace and service the function of the street being vacated; promotes retaining the existing street grid. However, while the vacation of this right-of-way would be inconsistent with certain policies, the purpose of the request would support other policies. The conceptual site plan appears to maintain access across Garden Avenue for pedestrians, although this would be privatized space, and the current design does not necessarily indicate whether anyone could use/traverse. There may be modifications that could be made to the site plan to better meet the Downtown District standards. Frontier Communication - submitted a written Notice of having facilities within this area on 11/18/24. The Applicant's representative has stated that an Easement in favor of Frontier will be executed. The proposed ordinance reserves utility easements until such time as new easements as necessary are conveyed. PSTA - the PSTA’s Proposed Multi-Modal Transit Center had contemplated bus routing using the subject ROW as an alternative option. PSTA has been advised that this application is pending. The Applicant seeks to vacate this ROW portion as part of an assemblage for development of an Entry Plaza and Performance Hall. Should Council approve to vacate the ROW, Council will consider at the Council work session and Council meeting on March 31, 2025, and April 3, 2025, (respectively), the negotiated conditional sale of this improved ROW in the amount of $1,375,000 to be paid by the Applicant to the City as fair market value for the Property. Conditions include: 1. Said ROW will become a friendly outdoor gathering space thereby increasing City green space; 2. All construction permits shall be obtained before December 31, 2029; 3. The City shall continue to collect all associated Parking revenue until such time a “TCE” is issued; 4. The Applicant is confirmed as the adjoining property owner; 5. The Applicant shall pay to relocate all identified City utilities if necessary; 6. This vacation Ordinance would not take effect until an Approved Deed is executed and Page 1 City of Clearwater Printed on 3/11/2025 File Number: 9812-25 recorded in the Public records of Pinellas County in order to ensure that all conditions are met. Upon Departmental review with having addressed all concerns City staff presents this vacation for Council consideration. STRATEGIC PRIORITY: 1. High Performing Government: Embrace a culture of innovation that rives continuous improvement 2. Preserve community livability through responsible development standards, proactive code compliance, and targeted revitalization. Page 2 City of Clearwater Printed on 3/11/2025 Lot 39 Court Square Subdivision P.B. 5 P.G. 53 Lot 38 Lot 37 Lot 36 Lot 35 Lot 40 Lot 41 Lot 42 Lot 43 Lot 44 Lot 34 Lot 6 Lot 1 Lot 7 Lot 2 Lot 8 Lot 3 Lot 9 Lot 4 Lot 10 Lot 5 Lot 11 Lot 12 Lot 13 Lot 14South Garden Avenue(R/W Varies)Franklin Street (60' R/W) Court Street (100' R/W) Proposed Right of Way Vacation O.R. 20070 P.G. 2537 O.R. 11746 P.G. 595 Haven Street (VAC) (Vacated Alley)Alley (VAC) O.R. 7701 P.G. 297DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OF -- CITY OF CLEARWATER DEPARTMENT OF PUBLIC WORKS - ENGINEERING Exhibit A NF TM 11/27/2024 Lgl_2024-15 1 1 16 29S 15E This is not a survey N.T.S. This is not a survey Legal Description Legal Description: A proposed Right-of-Way Vacation more particularly described as follows: All of the right-of-way of Garden Avenue abutting lots 6-11 together with that portion abutting the vacated 15 foot alley lying between lots 10 and 11 of Court Square Subdivision as recorded in Plat Book 5, Page 53 of the Public Records of Pinellas County. Containing 0.65 Acres ± Exhibit "1/3" 1. SKETCH & DESCRIPTION oo: (J) LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF FRANKLIN STREET AND THE WEST RIGHT OF WAY LINE OF SOUTH GARDEN AVENUE; THENCE S89°43'34"E, A DISTANCE OF 95.97 FEET TO THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF SOUTH GARDEN AVENUE AND THE SAID SOUTH RIGHT-OF-WAY LINE OF FRANKLIN STREET; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE OF SOUTH GARDEN AVENUE S00°03'33"W, A DISTANCE OF 299.98 FEET TO THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF COURT STREET AND SAID EAST RIGHT-OF-WAY LINE OF SOUTH GARDEN AVENUE; THENCE N83°55'26"W, A DISTANCE OF 100.59 FEET TO THE INTERSECTION OF THE SAID NORTH RIGHT-OF-WAY LINE OF COURT STREET AND THE SAID WEST RIGHT-OF-WAY LINE OF SOUTH GARDEN AVENUE; THENCE N0°08'15"E, A DISTANCE OF 89.95 FEET; THENCE S89°50'13"E, A DISTANCE OF 3.94 FEET; THENCE N0°03'33"E, A DISTANCE OF 199.85 FEET TO THE POINT OF BEGINNING. CONTAINING: 28,682.46 SQUARE FEET OR 0.658 ACRES, MORE OR LESS. BEARINGS ARE BASED ON GRID (NAD83/9O). EAST RIGHT OF WAY LINE BEARING SOO'O3'33"W, AS MEASURED. 2.THERE MAY BE ADDITIONAL EASEMENTS, RESTRICTIONS,AND/OR MATTERS NOT SHOWN ON THIS SURVEYWHICH MAY BE FOUND IN THE PUBLIC RECORDS OFTHIS COUNTY. SHEET 1 OF 2 3.THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALIDWITHOUT THE SIGNATURE AND SEAL OF A FLORIDALICENSED SURVEYOR AND MAPPER.� ,--,-----,------------,------.1 4.THIS IS NOT A BOUNDARY SURVEY.�---------------+--l Of--f---t------------+--l 1i5 �---------------+--l VACATE RIGHT-OF-WAY o:: NO. DATE DESCRIPTION BY SKETCH & LEGAL J SURVEYOR'S CERTIFl�(\�e.1 ,,,,,,,, hereon was prepared under my RESPOfllSlB •• l'roE'1'n:� .1,, DESCRIPTION I hereby certify that the SKETCH AND DE��' I olt,��,:�✓,..,. (PROJECT NO. 18013 date(s) shown, and meets the STANDA'flD r �t."(;) � 1--..;.;;..;;.;;;;;..:;..;.....;..;.c:...:.+--..:..;:.;;...:..=.....----i forth by the FLORIDA BOARD OF PRO�SSI �6"s�O� Aflb � DRAWING# 18013 ROW MAPPERS in Chap.ter SJ-17, FLORID�IIIIIS'IRA111J£' tODE"' • •• * _ SCALE 1 "=50' ' �--..._----------��!::.,---1--....!,-=:�-l pursuant to Section 472.027, FLORI� ':'TUTES. *: = ( \SUNCOAST LAND QI IC\.ICVlt.ln INC DRAWN RJM Kyle Digitally signed by Kyle- ...,: : � = i===�!;,.. • • • M• uv11,1-11m� •• • DATE 11-01-2024 Mcclung ::: �·• STATEOF(SEALi Ii> -��=;;;f' 111 FOREST LAKES BOULEVARD M Cl Date:2024.11.01 -:::. �··. � ' Q, � / OLDSMAR, FLORIDA 34677 CHECKED/QC C ung 14:50:59-04'00' � �--••• J:to �Y-2 " --..__..., FIELD CREW N/A c� LB 4513 B0UNDARY-T0P0GRAPHIC-C0NSTRUCTI0NSTAKE0UT l--,is,..:,.cK�. /;;;;,,P�G-'. �-+---'N=/A...;__-l KYLE McCLUNG •,,,.,.,,"/'8'Jrveyot , ,,, PH: (813) 854-1342 SLSURVEY@TAMPABAY.RR.COM SURVEY DATE N/A LS 7177 'I 11111111111' Exhibit "2/3" Exhibit "3/3" ORDINANCE NO. 9812-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CONDITIONALLY VACATING ALL OF THE RIGHT OF WAY OF SOUTH GARDEN AVENUE ABUTTING LOTS 6-11 TOGETHER WITH THAT PORTION ABUTTING THE VACATED 15 FOOT ALLEY LYING BETWEEN LOTS 10 AND 11 OF COURT SQUARE SUBDIVISION AS RECORDED IN PLAT BOOK 5, PAGE 53 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING FOR CONDITIONS PRECEDENT TO SAID VACATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the southern portion of Garden Ave. (referred to herein as the “Subject Property”) is right of way that was dedicated to the Public by Plat according to the Court Square Subdivision Plat recorded in Plat Book 5, Page 53 of the Public Records of Pinellas County, Florida; and WHEREAS, the City of Clearwater (the “City”) has maintained significant, permanent improvements within this platted right of way for more than the statutorily described period in Fla. Stat. § 95.361, such that the City has become the fee simple owner of the land where those improvements are located and maintained; and WHEREAS, the City of Clearwater Charter Section 2.01 (d)(5)(ii) states that “when the property declared surplus is vacated right-of-way in which the city owns the fee interest and the vacated right-of-way is abutted by a single property owner, no competitive bid shall be required; and the city may sell the property to the abutting property owner for not less than fair market value.”; and WHEREAS, the owner of real property abutting the right of way (the “Applicant”) as described herein has formally requested that said right of way be vacated by the City; and WHEREAS, the Clearwater City Council finds that, if certain conditions are met, this area will no longer be necessary for municipal use, and that satisfaction of said conditions will make it in the best interest of the City and the General Public to Vacate this portion of right of way, declare it surplus, and transfer interests to the Applicant; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Whereas Clauses above are adopted herein as the legal and factual predicate for the passage of this Ordinance. Section 2. The right of way for the purposes of this Ordinance (depicted by sketch in Exhibit “A” which is incorporated herein and referred to as “Subject Property”) is legally described as: ALL OF THE RIGHT OF WAY OF SOUTH GARDEN AVENUE ABUTTING LOTS 6-11 TOGETHER WITH THAT PORTION ABUTTING THE VACATED 15 FOOT ALLEY LYING BETWEEN LOTS 10 AND 11 OF COURT SQUARE SUBDIVISION AS RECORDED IN PLAT BOOK 5, PAGE 53 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. Section 3. The City of Clearwater hereby vacates, closes, abandons, and releases all rights, title, and interest to the Subject Property as dedicated right of way by Plat, subject to the occurrence of the following conditions precedent: 1. The Clearwater City Council shall declare the Property as Surplus in accordance with City ordinances, policies, and procedures, and such Declaration shall be made in conjunction with the approval of a Purchase and Sale Agreement with the Applicant. 2. The City and the Applicant shall enter into a Purchase and Sale Agreement that meets at least the following minimum requirements: a. Provides for payment, at minimum, of fair market value, as established by an appraisal performed by a Florida-licensed appraiser, to be paid to the City in exchange for a Special Warranty Deed transferring the Subject Property; b. Requires as a Seller’s closing condition evidence of single ownership or functional equivalent of single ownership of all properties abutting the Subject Property; c. Requires as a Seller’s closing condition the Buyer’s application for and subsequent receipt of a certificate of occupancy (“CO”) in conjunction with certain improvements relating to the Subject Property, said improvements being further defined in the Purchase and Sale Agreement. d. Reserves, retains, and/or otherwise provides for all the necessary easement interests as required to protect existing or planned public utilities and infrastructure assets either by reservation within the Deed or by separate conveyance or agreement, including but not limited to water, sewer, drainage, gas, electric, communications, and any other utilities within the Subject Property or otherwise impacted by the overall development. e. Allows for the reasonable relocation of utilities at no expense to the City. f. Buyer will develop the majority of the Subject Property to be part of a pedestrian friendly outdoor gathering space with a net increase in green space. 3. The City shall retain a blanket easement for public utilities over the Subject Property until such time that utilities are relocated, and any relocation of utilities shall be approved by the City in the City’s sole discretion. The City shall require separate easements to be conveyed as necessary prior to reducing, releasing, abandoning and/or terminating this blanket easement reservation. 4. The City Manager and City Attorney shall determine if the appropriate closing conditions have been met and shall approve the form of the Special Warranty Deed to be used for this transaction in accordance with the requirements of the Purchase and Sale Agreement and this Ordinance. 5. Buyer will obtain the necessary building permits to construct an auditorium on the land east of the Subject Property on or before December 31, 2029. Section 4. The City may continue full use of the Subject Property, including the collection of parking revenue, until such time as Seller issues a temporary construction easement as required by the forthcoming Purchase and Sale Agreement. The Seller shall not issue or be required to issue the temporary construction easement until the Seller has issued all building permits authorizing vertical construction of the auditorium. Once issued, the temporary construction easement shall permit the Buyer, prior to Closing, the right to use the Subject Property for construction related activities in support of the construction activities on the parcels to the east and west and to conduct construction activities on the Subject Property. Section 5. The provisions of this Ordinance shall run with the land, and the City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 6. This Vacation ordinance shall not take effect until an approved Deed is executed and recorded in the Public Records of Pinellas County, Florida. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ CITY OF CLEARWATER By: ________________________________ Bruce Rector Mayor Approved as to form: Attest: ________________________________ ________________________________ Jerrod Simpson Rosemarie Call Senior Assistant City Attorney City Clerk INDIVIDUAL SPEAKER Citizen Comment Card LQ Name: /t( R !(-;2i Address: /7-60 j / W l C Zip:3573-7Citr: 1 /` _ Kk. i ' t1 Telephone Numb Email Address: Yf'-k 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: Address: City: hAryc 1 Q Q ems („& 0/6,1111.6-1 Zip: 376 Telephone Number:/X) ” L1 S CrY6 J Email Address: 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 ii INDIVIDUAL SPEAKER Citizen Comment Card Name: 614 nuc 1/0644096g -- Address: 0W7 LAVA P! ! V City CldAYW Z Zip: 53'109 - Telephone Number: gilt -L:256 -415z Email Address: getan41.10‘41,-Itier10. Gt7Y` Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. Co • 3 What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: i/o? 6/1-(A40-1>1 City. ib / ) 7 L Zip: Telephone Number: —127 2 9 1155:-S-.... 1 Email Address: 7t-1 l- 7-!'[Xc . Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak- (2 What is your position on the item? For_, Against INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: // 12 City: % Q ifl/, Telephone Number: Email Address: Zip 3 3k 0 , 8) .3 ILI to )11kt coo Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak• 6.3 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 of ten minutes." Please have each member of the group in attendance sign and print the name on the everse of this card. j//17,/ Name: Address: y/2? • City: G— ,C c e ' Zip: Telephone Number: 7 7 7 Email Address: '\—)/i (r/,Z C y' ' & G G1/ /‘-^ Agenda item to which you wish to speak: What is your position on the item? For Against CLEARWATER BRIGHT AND BEAUTIFUL • BAY To BEACH 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 of ten minutes." Please have each member of the group in attendance sign and print theirs me . the e rse of this card. Name: Add re City: Telephone Numbe Zip: Email Address Agenda item to which you wish to speak: C - What is your position on the item? For Against/ GROUP SPEAKER Citizen Comment Card 40135 CLEARWATER BRIGHT AND BEAUTIFUL • BAYTO BEACH GROUP SPEAKER LIST We the undersigned waive our right to speak and designate: as our spokesperson on the subject agenda item. Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature 0/ 01,14PA A- (A-6"tC--- tir? rt-P'() tom. GROUP SPEAKER Citizen Comment Card 411103 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 of ten minutes." Please have each member of the group in attendance sign and print their name on the reverse of this card. Name: INA 78J-4-- Address: ZLf'— Address: 3 al' City: Zip: .' Telephone Number: ('3 Zd t?L7 Email Address: h t1 CA(4A. Agenda item to which you wish to speak: What is your position on the item? For Against CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH GROUP SPEAKER LIST We the undersigned waive our right to speak and designate: as our spokesperson on the subject agenda item. Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9819-25 9820-25 Agenda Date: 3/17/2025 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Office of Management & Budget Agenda Number: 6.4 SUBJECT/RECOMMENDATION: Amend the City’s fiscal year 2024/25 operating and capital improvement budgets at first quarter and pass Ordinances 9819-25 and 9820-25 on first reading. SUMMARY: The fiscal year 2024/25 operating and capital improvement budgets were adopted in September 2024 by ordinances 9793-24 and 9794-24. 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. STRATEGIC PRIORITY: The budgeting process aligns resource allocation to the advancement of our community in all five strategic priorities: high performing government, economic and housing opportunity, community well-being, environmental stewardship, and superior public service. Page 1 City of Clearwater Printed on 3/11/2025 First Quarter Budget Review Fiscal Year 2024-25 Memorandum TO: Mayor and City Council FROM: Jennifer Poirrier, City Manager COPIES: Daniel Slaughter, Assistant City Manager SUBJECT: First Quarter budget review - amended City Manager's annual budget report DATE: March 4, 2025 Attached is the first quarter budget review in accordance with the City Code of Ordinances. This report is based on the first three months of activity in the current fiscal year (October 2024 through December 2024). 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 $5,443,242. The General Fund expenditure amendments at first quarter reflect the Council approved appropriations of General Fund reserves, which total $5,443,242. Amendments include $2,020,000 to fund the Drew Street project, $861,000 to fund the increase to the MSB Renovations project, and a total of $2,562,242 to fund public safety bargaining agreements. 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. Estimated General Fund reserves at first quarter are approximately $60.9 million, or 30.5% of the fiscal year 2024/25 General Fund expenditure budget, exceeding our minimum reserve requirement by $43.9 million. Significant amendments to other city operating funds are noted as follows: Solid Waste and Recycling Fund Amendments to Solid Waste and Recycling Fund expenditures reflect an increase of $854,000 transferred to the capital fund for the Phillip Jones Park Renovation project, as previously approved. Sufficient revenues were budgeted in the fund to offset this increase. First Quarter Budget Review Fiscal Year 2024-25 Administrative Services Fund Amendments to Administrative Services Fund expenditures reflect an increase of $500,000 transferred to the capital fund for the MSB Renovations project which is offset by an allocation of fund reserves. Capital Improvement Program First quarter amendments to the capital improvement program reflect a net increase of $10,723,638. Amendments include the following increases previously approved by the Council: $861,000 in General Fund revenue, $500,000 in Administrative Services Fund revenue, and $2,365,000 transferred from building and maintenance projects to fund the increase to MSB Renovations; $2,020,000 in General Fund revenue, and $980,000 from impact fees to fund the Drew Street project; $88,000 in grant revenue from FDOT and $22,000 in reimbursement revenue for the Airpark Beacon project; $1,255,000 in impact fee re venue for the Park Land Acquisition project; $854,000 in Solid Waste Fund revenue for the Phillip Jones Park Renovation project; and $1,550,000 to the interfund loan in the Beach Marina Upgrade project. Project activity not previously approved by the Council is summarized on page 19. Significant amendments include an increase of $500,000 in Garage Fund revenue in the Roofing Repair project to correct an error from third quarter FY24 amendments; an increase of $236,153 in governmental revenues in the Police CAD Replacement project; an increase of $64,980 in grant revenues from FDLE and $90,910 from surplus equipment in the Police Equipment Replacement project; $98,196 in property owner share revenue in the Pinellas New Mains project; and a decrease of $769,047 in lease purchase revenue from the Telecommunications Upgrade project. Special Program Fund The Special Program Fund reflects a net budget increase of $1,886,469 at first quarter. Significant amendments include $100,000 in grant revenue from PSTA for the Clearwater Ferry-PSTA program; $395,488 in public safety grant/governmental revenues and agency assistance programs; $597,035 in contractual service revenue for police extra duty; $303,639 in fines and court proceeds for public safety programs and the tree replacement program; $129,960 reimbursed from Countryside Christian Academy for the School Safety Officer program; $27,923 in prior year interest earnings; $41,433 in donation revenue in police, library and parks programs; $44,000 transferred from the General Fund for Policing costs for special events; and $240,127 transferred between existing special programs. CITY OF CLEARWATER FIRST QUARTER SUMMARY 2024/25 FY 24/25 Variance %First Adopted Year to Date YTD Actual vs.YTD vs.Quarter Amended Description Budget Actual Adopted Budget Budget Adjustment Budget General Fund: Revenues 226,606,480 103,990,612 122,615,868 46%5,443,242 232,049,722 Expenditures 226,606,480 75,890,188 150,716,292 33%5,443,242 232,049,722 Utility Funds: Water & Sewer Fund Revenues 115,202,440 28,757,196 86,445,244 25%- 115,202,440 Expenditures 115,202,440 61,340,723 53,861,717 53%- 115,202,440 Stormwater Fund Revenues 18,707,340 5,223,064 13,484,276 28%- 18,707,340 Expenditures 17,455,680 10,069,458 7,386,222 58%- 17,455,680 Gas Fund Revenues 47,782,630 9,367,967 38,414,663 20%- 47,782,630 Expenditures 47,782,630 14,691,761 33,090,869 31%- 47,782,630 Solid Waste and Recycling Fund Revenues 36,171,800 9,216,355 26,955,445 25%- 36,171,800 Expenditures 34,182,440 10,005,096 24,177,344 29%854,000 35,036,440 Enterprise Funds: Marine Fund Revenues 5,168,960 609,144 4,559,816 12%- 5,168,960 Expenditures 5,168,960 926,129 4,242,831 18%- 5,168,960 Airpark Fund Revenues 274,270 72,726 201,544 27%- 274,270 Expenditures 151,110 69,790 81,320 46%- 151,110 Clearwater Harbor Marina Fund Revenues 1,168,400 319,233 849,167 27%- 1,168,400 Expenditures 1,168,400 420,258 748,142 36%- 1,168,400 Parking Fund Revenues 42,285,720 1,535,166 40,750,554 4%- 42,285,720 Expenditures 42,285,720 35,099,772 7,185,948 83%- 42,285,720 Internal Service Funds: General Services Fund Revenues 8,668,890 2,184,031 6,484,859 25%- 8,668,890 Expenditures 8,668,890 2,312,056 6,356,834 27%- 8,668,890 Administrative Services Revenues 20,186,320 4,858,293 15,328,027 24%500,000 20,686,320 Expenditures 20,153,590 6,147,395 14,006,195 31%500,000 20,653,590 Garage Fund Revenues 18,445,200 4,427,463 14,017,737 24%- 18,445,200 Expenditures 18,432,510 3,295,244 15,137,266 18%- 18,432,510 Central Insurance Fund Revenues 40,048,550 9,486,174 30,562,376 24%- 40,048,550 Expenditures 40,039,250 10,216,515 29,822,735 26%- 40,039,250 1 FIRST QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2024-25 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 7 Other Enterprise Funds Operating Budgets ................................................................................. 11 Internal Service Funds Operating Budgets ................................................................................... 15 Capital Improvement Program Budget ........................................................................................ 19 Special Program Fund Budget ....................................................................................................... 30 Special Development Fund ........................................................................................................... 37 Administrative Change Orders ...................................................................................................... 40 Ordinances ..................................................................................................................................... 41 The amended 2024/25 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 three months, October 1, 2024, through December 31, 2024. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after December 31, 2024. 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, 2024. 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 this quarter’s review. Amended Budget - Adding the Original Budget and Adjustments. 2 Capital Improvement Program The amended 2024/25 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 September 17, 2024, 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 based on this quarter’s 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 - At first quarter,approximately 82%of property tax revenue has been received.As projected,most property tax payments are made within the first six months of the fiscal year. No amendment is proposed at this time. - At first quarter,approximately 36%of budgeted local option,fuel and other taxes revenues have been collected.As projected,most business tax receipts are received within the first three months of the fiscal year. No amendment is proposed at this time. - At first quarter,approximately 14%of budgeted judgments,fines &forfeitures revenues have been collected.This is primarily due to lower than expected collections of code enforcement fines,and parking fines for the crossing guard program.These reductions are due to business interruptions from the hurricanes,no amendment is proposed at this time. First quarter amendments reflect the appropriation of $5,443,242.00 from General Fund retained earnings. Amendments include the following: 2,020,000 1)An appropriation of $2,020,000.00 from fund reserves to provide funding for capital project C2506,Drew Street, as approved by the Council on November 21, 2024. 861,000 2)An appropriation of $861,000.00 from fund reserves to provide additional funding required for capital project ENGF230001,MSB Renovations,as approved by the Council on February 20, 2025. 2,562,242 3)An appropriation of $2,562,242.00 from fund reserves to provide the remaining funding required for the International Association of Fire Fighters (IAFF)collective bargaining agreement,as approved by the Council on January 16, 2025 and March 6, 2025. 5,443,242 5,443,242 City of Clearwater General Fund Revenues First Quarter Amendments FY 2024/25 Ad Valorem Taxes Local Option, Fuel & Other Taxes Judgments, Fines & Forfeitures Transfer (to) from Surplus Net General Fund Revenue Net Transfer (to) from Retained Earnings 3 Increase/ (Decrease)Description 2,841,655 First quarter Fire Department expenditures include a net increase of $2,841,655.00 to full time salaries and wages to provide the remaining funding needed for the IAFF collective bargaining agreement.This reflects a transfer of $279,413.00 from Non-Departmental,and an allocation of $2,562,242.00 from fund reserves,as approved by the Council on January 16, 2025 and March 6, 2025. At first quarter,Parks and Recreation expenditures reflect 44%of total budget resulting from transfers to the capital fund occurring in the first period of the year. No amendments are proposed to Parks and Recreation expenditures at first quarter. 4,070,587 First quarter Police Department expenditures reflect an increase of $4,070,587.00 to full time salaries and wages reflecting a transfer from Non-Departmental to provide the funding needed for the Fraternal Order of Police (FOP) collective bargaining agreements,as approved by the Council on December 5, 2024. Also included is a net zero amendment decreasing the budget for event overtime by $44,000 transferred to special program E2501,FY25 Special Events,to account for policing costs at the Sea-Blues Festival. At first quarter,Public Works expenditures reflect 42%of total budget resulting from transfers to the capital fund occurring in the first period of the year. No amendments are proposed to Public Works expenditures at first quarter. City of Clearwater General Fund Expenditures First Quarter Amendments FY 2024/25 Parks & Recreation Fire Public Works Police 4 Increase/ (Decrease)Description City of Clearwater General Fund Expenditures First Quarter Amendments FY 2024/25 At first quarter,Non-Departmental expenditures reflect 47%of total budget,resulting from transfers occurring in the first period of the year. (4,350,000) First quarter amendments to Non-Departmental include a decrease of $4,350,000.00 transferred to the Police Department and Fire Department to provide funding required for the Fraternal Order of Police (FOP) and International Association of Fire Fighters (IAFF) collective bargaining agreements, as approved by the Council on December 5, 2024 and January 16, 2025. The following amendments reflect interfund transfers to capital improvement programs as follows: 2,020,000 1) A transfer of $2,020,000.00 to capital project C2506, Drew Street, for modifications and improvements to the Drew Street Corridor, as approved by the Council on November 21, 2024. 861,000 2) A transfer of $861,000.00 to capital project ENGF230001, MSB Renovations, for completion of the building renovation project, as approved by the Council on February 20, 2025. (1,469,000) 5,443,242 Net General Fund Expenditure Amendment Non-Departmental 5 2024/25 Variance %2024/25 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget General Fund Revenues Ad Valorem Taxes 99,346,030 81,952,191 17,393,839 82%- 99,346,030 Utility Taxes 20,693,870 3,557,543 17,136,327 17%- 20,693,870 Local Option, Fuel and Other Taxes 6,160,000 2,217,692 3,942,308 36%- 6,160,000 Franchise Fees 12,600,000 1,831,520 10,768,480 15%- 12,600,000 Other Permits & Fees 3,332,500 802,372 2,530,128 24%- 3,332,500 Intergovernmental 32,331,010 5,374,961 26,956,049 17%- 32,331,010 Charges for Services 18,479,320 3,604,493 14,874,827 20%- 18,479,320 Judgments, Fines and Forfeitures 1,441,000 203,438 1,237,562 14%- 1,441,000 Miscellaneous Revenues 8,892,340 1,525,594 7,366,746 17%- 8,892,340 Transfers In 15,030,410 2,920,807 12,109,603 19%- 15,030,410 Total Revenues 218,306,480 103,990,612 114,315,868 48%- 218,306,480 Transfer (to) from Surplus 8,300,000 - 8,300,000 0%5,443,242 13,743,242 Adjusted Revenues 226,606,480 103,990,612 122,615,868 46%5,443,242 232,049,722 General Fund Expenditures City Council 664,064 210,058 454,006 32%- 664,064 City Manager's Office 1,386,616 279,000 1,107,616 20%- 1,386,616 City Attorney's Office 2,790,947 618,711 2,172,236 22%- 2,790,947 City Audit 507,056 78,357 428,699 15%- 507,056 City Clerk 1,384,574 302,447 1,082,127 22%- 1,384,574 CRA Administration 1,060,401 193,350 867,051 18%- 1,060,401 Economic Development and Housing 2,400,886 527,438 1,873,448 22%- 2,400,886 Finance 3,574,985 838,274 2,736,711 23%- 3,574,985 Fire 35,817,579 9,587,112 26,230,467 27%2,841,655 38,659,234 Human Resources 2,416,584 505,611 1,910,973 21%- 2,416,584 Library 10,090,842 2,564,180 7,526,662 25%- 10,090,842 Non-Departmental 18,799,898 8,787,992 10,011,906 47%(1,469,000) 17,330,898 Parks & Recreation 56,857,045 24,958,491 31,898,554 44%- 56,857,045 Planning & Development 9,434,077 1,968,240 7,465,837 21%- 9,434,077 Police 58,679,490 16,249,411 42,430,079 28%4,070,587 62,750,077 Public Communications 2,254,207 448,818 1,805,389 20%- 2,254,207 Public Utilities 512,130 136,080 376,050 27%- 512,130 Public Works 17,975,099 7,636,616 10,338,483 42%- 17,975,099 Total Expenditures 226,606,480 75,890,188 150,716,292 33%5,443,242 232,049,722 For the Three Month Period of October 1, 2024 - December 31, 2024 GENERAL FUND FIRST QUARTER REVIEW 6 2024/25 Variance %2024/25 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget WATER & SEWER FUND Water & Sewer Revenues: Charges for Service 108,228,770 27,450,851 80,777,919 25%- 108,228,770 Judgments, Fines and Forfeits 271,000 19,324 251,676 7%- 271,000 Miscellaneous 3,649,200 1,287,022 2,362,178 35%- 3,649,200 Transfers In - - - ~- - Total Operating Revenues 112,148,970 28,757,196 83,391,774 26%- 112,148,970 Fund Equity 3,053,470 - 3,053,470 0%- 3,053,470 Total Revenues 115,202,440 28,757,196 86,445,244 25%- 115,202,440 Water & Sewer Expenditures: Public Utilities Administration 4,659,188 964,977 3,694,211 21%- 4,659,188 Wastewater Collection 24,659,184 19,644,779 5,014,405 80%- 24,659,184 Public Utilities Maintenance 10,891,095 5,459,462 5,431,633 50%- 10,891,095 WPC / Plant Operations 26,835,759 13,086,883 13,748,876 49%- 26,835,759 WPC / Laboratory Operations 627,966 137,592 490,374 22%- 627,966 WPC / Industrial Pretreatment 1,149,406 274,398 875,008 24%- 1,149,406 Water Distribution 19,250,399 10,408,609 8,841,790 54%- 19,250,399 Water Supply 20,917,852 7,518,020 13,399,832 36%- 20,917,852 Reclaimed Water 6,211,591 3,846,002 2,365,589 62%- 6,211,591 Total Expenditures 115,202,440 61,340,723 53,861,717 53%- 115,202,440 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:- Water and Sewer Fund Expenditures:- UTILITY FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2024 - December 31, 2024 At first quarter, anticipated revenues of the Water and Sewer Fund equal anticipated expenditures for fiscal year 2024/25. No amendments are proposed to Water and Sewer Fund revenues at first quarter. First quarter expenditures of the Water and Sewer Fund reflect 53%of total budget due to transfers to the capital fund which occur in the first period of the fiscal year.No amendments are proposed at first quarter. 7 2024/25 Variance %2024/25 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget UTILITY FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2024 - December 31, 2024 STORMWATER FUND Stormwater Revenues: Charges for Service 17,942,340 4,882,381 13,059,959 27%- 17,942,340 Judgments, Fines and Forfeits 55,000 3,092 51,908 6%- 55,000 Miscellaneous 710,000 337,592 372,408 48%- 710,000 Transfers In - - - ~- - Total Operating Revenues 18,707,340 5,223,064 13,484,276 28%- 18,707,340 Fund Equity - - - ~- - Total Revenues 18,707,340 5,223,064 13,484,276 28%- 18,707,340 Stormwater Expenditures: Stormwater Management 10,763,042 8,321,373 2,441,669 77%- 10,763,042 Stormwater Maintenance 6,692,638 1,748,086 4,944,553 26%- 6,692,638 Total Expenditures 17,455,680 10,069,458 7,386,222 58%- 17,455,680 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:- Stormwater Fund Expenditures:- First quarter expenditures of the Stormwater Fund reflect 58%of total budget due to transfers to the capital fund which occur in the first period of the fiscal year.No amendments are proposed at first quarter. No amendments are proposed to Stormwater Fund revenues at first quarter. At first quarter, anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $1,251,660 for fiscal year 2024/25. 8 2024/25 Variance %2024/25 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget UTILITY FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2024 - December 31, 2024 GAS FUND Gas Revenues: Charges for Service 46,472,660 9,121,000 37,351,660 20%- 46,472,660 Judgments, Fines and Forfeits 100,000 4,305 95,695 4%- 100,000 Miscellaneous 871,290 242,661 628,629 28%- 871,290 Transfers In - - - ~- - Total Operating Revenues 47,443,950 9,367,967 38,075,983 20%- 47,443,950 Fund Equity 338,680 - 338,680 0%- 338,680 Total Revenues 47,782,630 9,367,967 38,414,663 20%- 47,782,630 Gas Expenditures: Administration & Supply 24,716,617 4,282,542 20,434,075 17%- 24,716,617 Pinellas Gas Operations 10,659,362 4,809,279 5,850,083 45%- 10,659,362 Pasco Gas Operations 7,292,463 4,405,751 2,886,712 60%- 7,292,463 Marketing & Sales 5,114,188 1,194,189 3,919,999 23%- 5,114,188 Total Expenditures 47,782,630 14,691,761 33,090,869 31%- 47,782,630 Increase/ (Decrease)Amendment Description: Gas Fund Revenues:- Gas Fund Expenditures:- At first quarter, anticipated revenues of the Gas Fund equal anticipated expenditures for fiscal year 2024/25. No amendments are proposed to Gas Fund revenues at first quarter. No amendments are proposed to Gas Fund expenditures at first quarter. 9 2024/25 Variance %2024/25 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget UTILITY FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2024 - December 31, 2024 SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,700 911 789 54%- 1,700 Charges for Service 31,386,360 7,937,488 23,448,872 25%- 31,386,360 Judgments, Fines and Forfeits 91,000 5,416 85,584 6%- 91,000 Miscellaneous 1,603,100 512,953 1,090,147 32%- 1,603,100 Transfers In - - - ~- - Solid Waste Revenues 33,082,160 8,456,768 24,625,392 26%- 33,082,160 Recycling Revenues: Other Permits and Fees - - - ~- - Intergovernmental - - - ~- - Charges for Service 2,830,640 736,340 2,094,300 26%- 2,830,640 Judgments, Fines and Forfeits 8,000 487 7,513 6%- 8,000 Miscellaneous 251,000 22,760 228,240 9%- 251,000 Transfers In - - - ~- - Recycling Revenues 3,089,640 759,587 2,330,053 25%- 3,089,640 Fund Equity - - - ~- - Total Revenues 36,171,800 9,216,355 26,955,445 25%- 36,171,800 Solid Waste Expenditures: Collection 22,142,303 5,259,544 16,882,759 24%- 22,142,303 Transfer 2,617,235 582,701 2,034,534 22%- 2,617,235 Container Maintenance 955,452 216,744 738,708 23%- 955,452 Administration 3,858,510 3,050,802 807,708 79%854,000 4,712,510 Solid Waste Expenditures 29,573,500 9,109,791 20,463,709 31%854,000 30,427,500 Recycling Expenditures: Residential 1,382,721 319,840 1,062,881 23%- 1,382,721 Multi-Family 432,458 77,608 354,850 18%- 432,458 Commercial 2,793,761 497,857 2,295,904 18%- 2,793,761 Recycling Expenditures 4,608,940 895,305 3,713,635 19%- 4,608,940 Total Expenditures 34,182,440 10,005,096 24,177,344 29%854,000 35,036,440 Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:- Solid Waste and Recycling Fund Expenditures:854,000 No amendments are proposed to Solid Waste and Recycling Fund revenues at first quarter. First quarter amendments to Solid Waste and Recycling Fund expenditures reflect a transfer of $854,000.00 to capital improvement project ENGF180007,Phillip Jones Park Renovation,to provide funding for the closure plan implementation of the Harbor Drive fill area,as approved by the Council on November 7,2024.Sufficient revenues are budgeted to offset this increase in expenditures. At first quarter, anticipated revenues of the Solid Waste and Recycling Fund exceed anticipated expenditures by $1,135,360 for fiscal year 2024/25. 10 2024/25 Variance %2024/25 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget MARINE FUND Marine Revenues: Intergovernmental - - - ~- - Charges for Service 4,717,550 380,848 4,336,702 8%- 4,717,550 Judgments, Fines and Forfeits - - - ~- - Miscellaneous Revenue 338,100 213,296 124,804 63%- 338,100 Transfers In 15,000 15,000 - 100%- 15,000 Total Operating Revenues 5,070,650 609,144 4,461,506 12%- 5,070,650 Fund Equity 98,310 - 98,310 0%- 98,310 Total Revenues 5,168,960 609,144 4,559,816 12%- 5,168,960 Marine Expenditures: Marina Operations 5,168,960 926,129 4,242,831 18%- 5,168,960 Total Expenditures 5,168,960 926,129 4,242,831 18%- 5,168,960 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:- Marine Fund Expenditures:- At first quarter, anticipated revenues of the Marine Fund equal anticipated expenditures for fiscal year 2024/25. First quarter revenues of the Marine Fund reflect 12%of total budget.This decrease in revenues is due to reduced occupancy during the ongoing Beach Marina Upgrade project,as well as the direct impacts of recent hurricanes.No amendments are proposed at first quarter. No amendments are proposed to Marine Fund expenditures at first quarter. For the Three Month Period of October 1, 2024 - December 31, 2024 ENTERPRISE FUNDS FIRST QUARTER REVIEW 11 2024/25 Variance %2024/25 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2024 - December 31, 2024 ENTERPRISE FUNDS FIRST QUARTER REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental - - - ~- - Charges for Service 1,050,000 297,548 752,452 28%- 1,050,000 Judgments, Fines and Forfeits 200 - 200 0%- 200 Miscellaneous Revenue 101,500 21,686 79,815 21%- 101,500 Transfers In - - - ~- - Total Operating Revenues 1,151,700 319,233 832,467 28%- 1,151,700 Fund Equity 16,700 - 16,700 0%- 16,700 Total Revenues 1,168,400 319,233 849,167 27%- 1,168,400 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Operations 1,168,400 420,258 748,142 36%- 1,168,400 Total Expenditures 1,168,400 420,258 748,142 36%- 1,168,400 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 first quarter. First quarter expenditures of the Clearwater Harbor Marina Fund reflect 36%of total budget due to transfers to the capital fund which occur in the first period of the fiscal year.No amendments are proposed at first quarter. At first quarter, anticipated revenues of the Clearwater Harbor Marina Fund equal anticipated expenditures for fiscal year 2024/25. 12 2024/25 Variance %2024/25 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2024 - December 31, 2024 ENTERPRISE FUNDS FIRST QUARTER REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - ~- - Charges for Service - - - ~- - Miscellaneous Revenue 274,270 72,726 201,544 27%- 274,270 Transfers In - - - ~- - Total Operating Revenues 274,270 72,726 201,544 27%- 274,270 Fund Equity - - - ~- - Total Revenues 274,270 72,726 201,544 27%- 274,270 Airpark Expenditures: Airpark Operations 151,110 69,790 81,320 46%- 151,110 Total Expenditures 151,110 69,790 81,320 46%- 151,110 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:- Airpark Fund Expenditures:- At first quarter, anticipated revenues of the Airpark Fund exceed anticipated expenditures by $123,160 for fiscal year 2024/25. No amendments are proposed to Airpark Fund revenues at first quarter. First quarter expenditures of the Airpark Fund reflect 46%of total budget due to transfers to the capital fund which occur in the first period of the fiscal year.No amendments are proposed at first quarter. 13 2024/25 Variance %2024/25 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2024 - December 31, 2024 ENTERPRISE FUNDS FIRST QUARTER REVIEW PARKING FUND Parking Revenues: Charges for Service 9,725,100 1,016,847 8,708,253 10%- 9,725,100 Judgments, Fines and Forfeits 1,611,040 242,035 1,369,005 15%- 1,611,040 Miscellaneous Revenue 900,000 276,283 623,717 31%- 900,000 Transfers In - - - ~- - Total Operating Revenues 12,236,140 1,535,166 10,700,974 13%- 12,236,140 Fund Equity 30,049,580 - 30,049,580 0%- 30,049,580 Total Revenues 42,285,720 1,535,166 40,750,554 4%- 42,285,720 Parking Expenditures Public Works/Parking System 39,267,248 34,341,662 4,925,586 87%- 39,267,248 Public Works/Parking Enforcement 1,311,862 193,692 1,118,170 15%- 1,311,862 Fire Dept/Beach Guards 1,506,194 490,502 1,015,692 33%- 1,506,194 M&A/Seminole Street Boat Ramp 200,416 73,917 126,499 37%- 200,416 Total Expenditures 42,285,720 35,099,772 7,185,948 83%- 42,285,720 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:- Parking Fund Expenditures:- First quarter revenues of the Parking Fund reflect 13%of total budget.This decrease in revenue is attributed to several beach parking lots being used to process contaminated sand caused by the major hurricanes during the first quarter of the fiscal year.In addition,enforcement of parking fines was suspended resulting in a decrease in collections.No amendments are proposed at first quarter. First quarter expenditures of the Parking Fund reflect 83%of total budget due to transfers to the capital fund which occur in the first period of the fiscal year.No amendments are proposed at first quarter. At first quarter, anticipated revenues of the Parking Fund equal anticipated expenditures for fiscal year 2024/25. 14 2024/25 Variance %2024/25 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget GENERAL SERVICES FUND General Services Revenues: Charges for Service 8,203,890 2,039,429 6,164,461 25%- 8,203,890 Miscellaneous Revenues 465,000 144,602 320,398 31%- 465,000 Transfers In - - - ~- - Total Operating Revenues 8,668,890 2,184,031 6,484,859 25%- 8,668,890 Fund Equity - - - ~- - Total Revenues 8,668,890 2,184,031 6,484,859 25%- 8,668,890 General Services Expenditures: Administration 600,275 132,289 467,986 22%- 600,275 Building & Maintenance 8,068,615 2,179,768 5,888,847 27%- 8,068,615 Total Expenditures 8,668,890 2,312,056 6,356,834 27%- 8,668,890 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:- General Services Fund Expenditures:- INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2024 - December 31, 2024 At first quarter, anticipated revenues of the General Services Fund equal anticipated expenditures for fiscal year 2024/25. No amendments are proposed to General Services Fund revenues at first quarter. No amendments are proposed to General Services Fund expenditures at first quarter. 15 2024/25 Variance %2024/25 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2024 - December 31, 2024 ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 19,711,320 4,729,340 14,981,980 24%- 19,711,320 Miscellaneous Revenues 475,000 128,952 346,048 27%- 475,000 Transfers In - - - ~- - Total Operating Revenues 20,186,320 4,858,293 15,328,027 24%- 20,186,320 Fund Equity - - - ~500,000 500,000 Total Revenues 20,186,320 4,858,293 15,328,027 24%500,000 20,686,320 Administrative Services Expenditures: Info Tech / Admin 701,295 156,784 544,511 22%500,000 1,201,295 Info Tech / Network Ops & User Support 5,779,449 1,176,117 4,603,332 20%- 5,779,449 Info Tech / Network Security & Architecture 3,505,911 1,640,702 1,865,209 47%- 3,505,911 Info Tech / Solutions & Programming 932,756 368,576 564,180 40%- 932,756 Info Tech / Telecommunications - - - ~- - Info Tech / Enterprise Systems & Training 4,330,190 1,589,504 2,740,686 37%- 4,330,190 Public Comm / Courier 209,563 23,093 186,470 11%- 209,563 Clearwater Customer Service 4,694,426 1,192,619 3,501,807 25%- 4,694,426 Total Expenditures 20,153,590 6,147,395 14,006,195 31%500,000 20,653,590 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:500,000 Administrative Services Fund Expenditures:500,000 At first quarter, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $32,730 for fiscal year 2024/25. At first quarter,amendments to revenues reflect an allocation of $500,000.00 from fund reserves to provide funding for enhancements to building technology at MSB,as approved by the Council on February 20, 2025. At first quarter,expenditures of the Information Technology Department reflect an increase of $500,000.00 transferred to capital project ENGF230001,MSB Renovations,as approved by the Council on February 20, 2025. 16 2024/25 Variance %2024/25 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2024 - December 31, 2024 GARAGE FUND Garage Fund Revenues Charges for Service 17,408,550 4,359,219 13,049,331 25%- 17,408,550 Miscellaneous Revenues 1,036,650 68,244 968,406 7%- 1,036,650 Transfers In - - - ~- - Total Operating Revenues 18,445,200 4,427,463 14,017,737 24%- 18,445,200 Fund Equity - - - ~- - Total Revenues 18,445,200 4,427,463 14,017,737 24%- 18,445,200 Garage Fund Expenditures: Fleet Maintenance 17,633,580 3,156,437 14,477,143 18%- 17,633,580 Radio Communications 798,930 138,807 660,123 17%- 798,930 Total Expenditures 18,432,510 3,295,244 15,137,266 18%- 18,432,510 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:- Garage Fund Expenditures:- At first quarter, anticipated revenues of the Garage Fund exceed anticipated expenditures by $12,690 for fiscal year 2024/25. No amendments are proposed to Garage Fund revenues at first quarter. No amendments are proposed to Garage Fund expenditures at first quarter. 17 2024/25 Variance %2024/25 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2024 - December 31, 2024 CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 39,173,550 9,201,551 29,971,999 23%- 39,173,550 Miscellaneous Revenues 875,000 284,623 590,377 33%- 875,000 Transfers In - - - ~- - Total Operating Revenues 40,048,550 9,486,174 30,562,376 24%- 40,048,550 Fund Equity - - - ~- - Total Revenues 40,048,550 9,486,174 30,562,376 24%- 40,048,550 Central Insurance Expenditures: Finance / Risk Management 519,863 116,299 403,564 22%- 519,863 HR / Employee Benefits 501,286 101,293 399,993 20%- 501,286 HR / Employee Health Clinic 1,753,770 296,811 1,456,959 17%- 1,753,770 Non-Departmental 37,264,331 9,702,112 27,562,219 26%- 37,264,331 Total Expenditures 40,039,250 10,216,515 29,822,735 26%- 40,039,250 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:- Central Insurance Fund Expenditures:- No amendments are proposed to Central Insurance Fund revenues at first quarter. No amendments are proposed to Central Insurance Fund expenditures at first quarter. At first quarter, anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $9,300 for fiscal year 2024/25. 18 CAPITAL IMPROVEMENT PROGRAM First Quarter Summary FY 2024/25 19 The amended 2024/25 Capital Improvement Program budget report is submitted for the City Council's first quarter review. The proposed amendment is a net budget increase in the amount of $10,723,638. 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 following are significant amendments to capital projects that are presented for the first time, not previously approved by the City Council: ➢ General Services Roof Repair – a budget increase of $500,000 in Garage Fund revenue which will correct an error in third quarter FY24 amendments. ➢ Police CAD Replacement – a budget increase of $236,153 in other governmental revenue. ➢ Police Equipment Replacement - a budget increase of $64,980 in FDLE grant revenue and $90,910 from surplus equipment. ➢ Pinellas New Mains/Service Line – a budget increase of $98,196 in property owners share revenue. ➢ Telecommunications Upgrade – a budget decrease of $769,047 in lease purchase revenue. Significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval ➢ MSB Renovation $3,726,000 02/20/25 ➢ Drew Street $3,000,000 11/21/24 ➢ Airpark Beacon $110,000 02/20/25 ➢ Park Land Acquisition $1,255,000 12/19/24 ➢ Phillip Jones Park Renovations $854,000 11/17/24 ➢ Beach Marina Upgrade $1,550,000 02/06/25 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment City-wide Connectivity 1 94729 220,320 To record a budget transfer of $220,319.97 in Administrative Services Fund revenue from project M2202, Telecommunications Upgrade.220,320 MS Licensing / Upgrades - CLOSE PROJECT 2 94830 (300,399) To record a budget transfer of $300,398.86 in Administrative Services Fund revenue to project M1912, Network Infrastructure &Server R&R.This will close the project.(300,399) New City Hall 3 ENGF220001 (274,000) To record a budget transfer of $274,000.00 in General Fund revenue to project ENGF230001,MSB Renovations as approved by council on February 20, 2025.(274,000) MSB Renovations 4 ENGF230001 3,726,000 274,000 To record a budget increase of $4,00,000.00 representing the following amendments;1)a transfer of $2,000,000.00 in General Fund revenue from project GSBM180012, General Facility Building Major Renovation;2)a transfer of $365,000.00 in General Fund revenue from project GSBM180009,New AC Chiller;3)a transfer of $274,000.00 of General Fund revenue from project ENGF220001,New City Hall;4)a budget increase of $500,000.00 in Administrative Services Fund revenues;and 5)and a budget increase of $861,00.00 in General Fund revenues as approved by council February 20, 2025.4,000,000 General Services Roof Replacement 5 C2414 500,000 To record a budget increase of $500,000.00 in garage fund revenue to correct a 3Q FY24 budget amendment error that reduced the budget vs.transferring between capital project funds.500,000 Telecommunications Upgrade - CLOSE PROJECT 6 M2202/L1906 (769,047) (220,320) To record a budget transfer of $220,319.97 in Administrative Services Fund revenue to project 94729, City-Wide Connectivity and a budget decrease of $769,047.00 in lease purchase revenue.This will close the project. (989,367) IT Disaster Recovery 7 M1911 110,176 To record a budget transfer of $110,176.27 in Administrative Services Fund revenue from project M2007, City EOC Maintenance.110,176 CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2024/25 20 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2024/25 Network Infrastructure & Server R&R 8 M1912 300,399 To record a budget transfer of $300,398.86 in Administrative Services Fund revenue from project 94830, MS licensing/Upgrades.300,399 City EOC Maintenance - CLOSE PROJECT 9 M2007 (110,176) To record a budget transfer of $110,176.27 in Administrative Services Fund revenue to project M1911,IT Disaster Recovery.This will close the project as technology maintenance at the site will be included in other IT projects.(110,176) Police CAD Replacement 10 C2201 236,153 To record a budget increase of $236,153.25 in other governmental revenue to bring the budget in line with actual receipts received.This represents revenue from PRIME to offset this year's software maintenance costs due to project delay.236,153 Police Equipment Replacement 11 P1802 155,890 To record a budget increase of $64,980.29 in FDLE Grant revenue and $90,910.00 in surplus machinery &equipment revenue to bring the budget in line with revenues received.155,890 Pinellas New Mains/Service Lines 12 96377 98,196 To record a budget increase of $98,196.23 in property owners share revenue to bring the budget in line with revenues received.98,196 Pasco New Mains/Service Lines 13 96378 7,445 To record a budget increase of $7,445.08 in property owners share revenue to bring the budget in line with revenues received.7,445 Sanitary Sewer R&R 14 96665 3,836,237 To record a net increase of $3,836,237.19 representing the following transfers:1)an increase of $2,774,534.56 in Utility R&R revenue from project 96784,Reclaimed Water Distribution;2)an increase of $2,500,00.00 in Utility R&R revenue from project M1905,Marshall Street Plant R&R;3) an increase of $794,313.19 in Utility R&R revenue from project M1906,Northeast Plant R&R;4)an increase of $1,232,362.93 in Utility R&R revenue from project M1907, East Plant R&R;and 5)a decrease of $3,464,973.49 in water revenue transferred to project 96721,Water System Distribution R&R.3,836,237 21 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2024/25 System R & R - Maintenance 15 96721 3,464,973 To record a transfer of $3,464,973.49 in water revenue from project 96665, Sanitary Sewer R&R.3,464,973 Reclaim Water Distribution System R&R 16 96784 (2,774,535) To record a transfer of $2,774,534.56 in Utility R&R revenue to project 96665, Sanitary Sewer R&R.(2,774,535) Marshall Street Plant R&R 17 M1905 (2,500,000) To record a transfer of $2,500,00.00 in Utility R&R revenue to project 96665, Sanitary Sewer R&R.(2,500,000) Northeast Plant R&R 18 M1906 (794,313) To record a transfer of $794,313.19 in Utility R&R revenue to project 96665, Sanitary Sewer R&R.(794,313) East Plant R&R 19 M1907 (1,232,363) To record a transfer of $1,232,362.93 in Utility R&R revenue to project 96665, Sanitary Sewer R&R.(1,232,363) Environmental Park Remediate & Protection 20 M2002 (500,000) To record a budget transfer of $500,000.00 in penny revenue to project to project G2218,ARPA State Street Park Improvements,as approved by council December 5, 2024.(500,000) Drew Street - NEW PROJECT 21 C2506 3,000,000 To establish the project and record a budget increase of $540,000.00 in road millage revenue,$440,000.00 in local fuel tax revenue and $2,020,000.00 in General Fund revenue as approved by council November 21, 2024.3,000,000 Airpark Beacon - NEW PROJECT 22 G2508 110,000 To establish the project and record a budget increase in grant revenue of $88,000.00 from Florida Department of Transportation (FDOT)and $22,000.00 in reimbursement revenue from FlyUSA as approved by council February 20, 2025.110,000 Park Land Acquisition 23 93133 1,255,000 To record a budget increase of $275,000.00 in open space impact fees and an increase of $980,000.00 in recreation land impact fees from the special development fund as approved by council December 19, 2024.1,255,000 22 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2024/25 R & R Expansion-Barefoot Beach House - CLOSE PROJECT 24 93646 (2,576) To record a budget transfer of $2,576.37 in General Fund revenue to project to project M2208,Beach Walk/Pier 60 Park R&R. This will close the project.(2,576) ARPA State Street Park Improvement 25 G2218 500,000 To record a budget transfer of $500,000.00 in penny revenue from project to project M2002,Environmental Park Remediate &Protection as approved by council December 5, 2024.500,000 Phillip Jones Park Renovations 26 ENGF180007 854,000 To record a budget increase of $854,000.00 from Solid Waste &Recycling Fund revenue as approved by council November 17, 2024.854,000 Beach Marina Upgrade 27 C1905 1,550,000 To record a budget increase of $1,550,000.00 in marina fund revenue to cover costs for builder's risks insurance as approved by council October 3, 2024. Amendments also include and a net zero amendment reflecting $1,706,760.00 in grant revenues from Florida Fish and Wildlife Conservation Commission which will reduce the total interfund loan approved to be paid by future Marina Fund revenues.This grant acceptance was approved by council on February 6, 2025.1,550,000 Beach Walk/Pier 60 Park R&R 28 M2208 2,576 To record a budget transfer of $2,576.37 in General Fund revenue from project 93646,R&R Expansion Barefoot Beach House which is complete and will be closed.2,576 10,723,638 (0) 10,723,638 General Facility Building Major Renovations GSBM180012 2,000,000 To record a budget transfer of $2,000,000.00 in General Fund revenue to project ENGF230001,MSB Renovations as approved by council on February 20, 2025. New A/C Chiller System GSBM180009 365,000 To record a budget transfer of $365,000.00 in General Fund revenue to project ENGF230001,MSB Renovations as approved by council on February 20, 2025. TOTAL INTERFUND TRANSFERS:2,365,000 TOTAL INTERFUND TRANSFERS 23 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2024 - DECEMBER 31, 2024 Budget Revised Project Open Available Amend Description 10/1/24 Amdmts Budget To Date Encumbrance Balance Status Ref Other General Government 93535 Countryside Library Demo 75,000 - 75,000 - - 75,000 94233 Motorized Equip-Cash 2,959,601 - 2,959,601 2,828,053 16,640 114,908 94246 Fleet Management & Mapping 710,000 - 710,000 615,964 - 94,036 94729 City-wide Connectivity 6,634,089 220,320 6,854,409 4,843,927 - 2,010,482 1 94736 Geographic Information Sys 1,560,997 - 1,560,997 974,455 - 586,542 94828 Financial Systems Upgrades 4,333,165 - 4,333,165 2,909,856 - 1,423,309 94829 CIS Upgrades / Replacement 1,582,376 - 1,582,376 759,836 235,688 586,852 94830 MS Licensing / Upgrades 1,143,000 (300,399) 842,601 842,601 - - C 2 94850 Backfile Conversion of Records 500,000 - 500,000 192,043 - 307,957 94857 Accela Permit & Code Enforce 950,000 - 950,000 336,689 32,618 580,693 94873 City-wide Camera System 949,000 - 949,000 411,046 2,978 534,976 94874 City Enterprise Timekeep Sys 453,000 - 453,000 202,802 - 250,198 94880 Granicus Agenda Mgt Sys 435,000 - 435,000 41,136 - 393,864 94883 Business Proc Review & Improve 1,475,735 - 1,475,735 637,790 89,090 748,855 C2004 Lift Stations - General Gov 2,400,000 - 2,400,000 176,562 - 2,223,438 C2006 ADA Transition Plan 1,650,000 - 1,650,000 383,657 - 1,266,343 C2007 Citywide Audio/Visual Solutions 565,053 - 565,053 96,661 - 468,392 C2101 North Ward Preservation 291,705 - 291,705 286,646 - 5,058 C2106 Greenprint Implementation 942,177 - 942,177 744,503 112,796 84,878 C2305 Fuel Site Replacement 1,000,000 - 1,000,000 203,677 715,463 80,860 C2503 North Ward Renovations 200,000 - 200,000 - - 200,000 G2211 ARPA Fiber Upgrades 3,500,000 - 3,500,000 406,480 3,160,345 (66,825) G2214 ARPA Solar Panels 2,225,338 - 2,225,338 883,904 1,341,525 (90) ENGF220001 New City Hall 35,000,300 (274,000) 34,726,300 2,742,382 31,365,642 618,276 3 ENGF230001 MSB Renovations 10,000,000 4,000,000 14,000,000 1,104,550 7,226,669 5,668,781 4 ENGF240001 Harborview Site Foundation 535,000 - 535,000 - - 535,000 ENGF240002 Myrtle/Cleveland Util Undrgrnd 1,100,000 - 1,100,000 - - 1,100,000 C2414 General Services Roof Replace 2,510,000 500,000 3,010,000 - 2,505,725 504,275 5 GSBM180001Air Cond Replace-City Wide 3,098,444 - 3,098,444 1,751,272 7,300 1,339,872 GSBM180002Flooring for Facilities 2,177,837 - 2,177,837 1,690,005 144,509 343,323 GSBM180003Roof Repair and Replacement 4,844,213 - 4,844,213 3,201,751 655,474 986,988 GSBM180004Painting of Facilities 1,217,923 - 1,217,923 804,566 31,906 381,451 GSBM180005Fencing of Facilities 193,170 - 193,170 76,962 57,161 59,046 GSBM180006Light Replacement & Repair 948,197 - 948,197 821,483 - 126,714 GSBM180007Elevator Refurbish/Modern 1,060,576 - 1,060,576 69,918 8,400 982,258 GSBM180008Building Systems 3,168,377 - 3,168,377 1,403,084 60,089 1,705,205 GSBM180009New A/C Chiller System 6,100,000 - 6,100,000 2,200,146 547,134 3,352,720 GSBM180010General Services R&R 900,000 - 900,000 555,062 - 344,938 GSBM180011Generator Maintenance 740,000 - 740,000 78,003 - 661,997 GSBM180012General Fac Bldg Major Reno 4,285,242 4,285,242 627,346 - 3,657,897 GSFL180001 Fleet Facility R&R 494,520 - 494,520 783,217 50,005 (338,701) L1906/M2202Telecommunications Upgrade 1,692,047 (989,367) 702,680 702,680 - -C 6 L1907/M1911IT Disaster Recovery 1,021,396 110,176 1,131,572 352,731 29,687 749,154 7 L1908/M1912Network Infra & Server R&R 4,341,417 300,399 4,641,815 3,487,724 230,456 923,635 8 L1910 Motorized Equip Replace-LP 52,502,827 - 52,502,827 25,251,921 14,428,789 12,822,117 L1911 Garage Off Cycle Replacements 653,800 - 653,800 604,158 - 49,642 L2301 Motorized Equip Purchases-LP 7,176,502 - 7,176,502 3,562,665 1,075,319 2,538,519 M2007 City EOC Maintenance 175,000 (110,176) 64,824 36,284 28,540 -C 9 L2001/M2010P25 Radio Equipment & Infrast 4,557,104 - 4,557,104 3,033,774 - 1,523,330 M2201 Studio/Production Equip 111,344 - 111,344 - - 111,344 M2211 Neighborhood Reinvest Fund 200,000 - 200,000 20,000 - 180,000 Sub-Total 187,340,471 3,456,953 190,797,424 73,739,969 64,159,948 52,897,507 Actual Expenditures 24 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2024 - DECEMBER 31, 2024 Budget Revised Project Open Available Amend Description 10/1/24 Amdmts Budget To Date Encumbrance Balance Status Ref Actual Expenditures Police Protection 94238 Police Vehicles 3,170,290 - 3,170,290 2,982,152 - 188,138 C2201 Police CAD Replacement 900,000 236,153 1,136,153 948,502 - 187,651 10 C2206 PD Equipment Facility 750,000 - 750,000 - - 750,000 M2501 PD Police Training Range R&R 125,000 - 125,000 - - 125,000 P1802 Police Equipment Replacement 1,201,437 155,890 1,357,327 863,417 95,736 398,174 11 P1902 Police Information Systems 530,000 - 530,000 409,544 - 120,456 PD00180001 Police District 3 Station 13,050,000 - 13,050,000 (214,050) - 13,264,050 Sub-Total 19,726,727 392,044 20,118,770 4,989,565 95,736 15,033,469 Fire Protection 91218 Fire Engine Replacement 6,233,272 - 6,233,272 4,979,388 1,152,524 101,361 91260 Thermal Imaging Cameras 397,872 - 397,872 267,826 - 130,046 91261 Personal Protection Equip 2,989,250 - 2,989,250 2,380,071 - 609,179 91264 Fire Hose Replacement 572,060 - 572,060 359,314 - 212,746 C2207 FD Equipment Facility 750,000 - 750,000 53,259 - 696,741 C2410 Fire Squad Replacement - - - - 1,714,452 (1,714,452) FD00190001 Fire Station 46 - Beach 9,920,693 - 9,920,693 9,889,657 (2,725) 33,760 FD00190002 Fire Station 47 Replacement 10,383,525 - 10,383,525 4,541,260 5,592,842 249,422 M2005 Fire Training Tower 465,286 - 465,286 362,303 64,468 38,515 Sub-Total 31,711,957 - 31,711,957 22,833,077 8,521,562 357,319 Fire Rescue Services 91229 Replace & Upgrade Airpacks 1,684,314 - 1,684,314 973,141 - 711,173 91236 Rescue Vehicle 1,175,506 - 1,175,506 495,780 679,726 - 91257 AED Program 381,030 - 381,030 279,236 - 101,794 91263 Extrication Tools 177,000 - 177,000 175,143 - 1,857 ENGF190002 Beach Guard Tower 475,239 - 475,239 358,472 - 116,767 ENGF200002 Beach Guard Admin Building 330,000 - 330,000 65,660 - 264,340 Sub-Total 4,223,089 - 4,223,089 2,347,432 679,726 1,195,931 Gas Utility Services 96358 Environmental Remediation 2,134,794 - 2,134,794 1,978,362 61,609 94,823 96365 Line Relocation-Pinellas Maint 886,569 - 886,569 604,498 - 282,071 96367 Gas Meter Change Out-Pinellas 5,213,000 - 5,213,000 4,703,536 - 509,464 96374 Line Relocation-Pinellas Capital 3,933,500 - 3,933,500 2,972,955 8,120 952,425 96376 Line Relocation - Pasco Maint 414,808 - 414,808 184,556 - 230,252 96377 Pinellas New Mains/Serv Lines 54,151,292 98,196 54,249,488 41,207,403 48,335 12,993,750 12 96378 Pasco New Mains/Serv Lines 34,055,215 7,445 34,062,660 28,043,548 - 6,019,112 13 96379 Pasco Gas Meter Change Out 1,992,821 - 1,992,821 969,381 - 1,023,440 96381 Line Reloc-Pasco-Capitalized 2,447,300 - 2,447,300 1,302,373 - 1,144,927 96382 Gas Inventory Work Mgmt Sys 3,242,000 - 3,242,000 856,268 - 2,385,732 96384 Gas System - Pinellas Building 28,857,855 - 28,857,855 28,125,837 3,000 729,018 96385 Gas Main Extensions 1,807,845 - 1,807,845 1,586,406 - 221,439 96386 Expanded Energy Conservation 17,878,589 - 17,878,589 12,842,697 - 5,035,892 96387 Natural Gas Vehicle 7,584,584 - 7,584,584 6,573,611 - 1,010,972 96389 Future IMS Software & Hardware 1,525,000 - 1,525,000 361,793 - 1,163,207 96391 Gas System Pasco Building 1,200,000 - 1,200,000 3,892 - 1,196,108 C2301 Pasco Gate Station 1,500,000 - 1,500,000 10,872 - 1,489,128 M1904 Pinellas Building Equip R&R 1,650,000 - 1,650,000 - - 1,650,000 M2402 Gas - Capital Equipment 1,000,000 - 1,000,000 18,472 - 981,528 Sub-Total 171,475,171 105,641 171,580,812 132,346,460 121,064 39,113,288 25 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2024 - DECEMBER 31, 2024 Budget Revised Project Open Available Amend Description 10/1/24 Amdmts Budget To Date Encumbrance Balance Status Ref Actual Expenditures Solid Waste Control Services C2005 Underground Refuse Program 1,930,862 - 1,930,862 1,292,173 - 638,689 C2302 Rebuild SW Adm Comp 17,230,526 - 17,230,526 16,499 - 17,214,027 C2411 Solid Waste Truck Wash Facility 536,797 - 536,797 80,182 174,559 282,056 M2301 SW Facility R&R 930,000 - 930,000 692,569 64,508 172,924 Sub-Total 20,628,185 - 20,628,185 2,081,421 239,067 18,307,696 Water-Sewer Combination Services 96212 Sanitary Sewer Upgrades/Impr 22,014,782 - 22,014,782 9,205,103 3,875,692 8,933,988 96213 Marshall Street Upgrades/Impr 20,535,187 - 20,535,187 13,259,739 2,464,709 4,810,738 96214 East Plant Upgrades/Improve 8,150,000 - 8,150,000 986,511 3,378,070 3,785,419 96215 N.E. Plant Upgrades/Improve 31,024,945 - 31,024,945 21,806,685 4,882,983 4,335,277 96216 Laboratory Upgrade/Improve 255,079 - 255,079 63,919 5,750 185,410 96217 Pump Station R&R 1,350,192 - 1,350,192 1,235,587 - 114,606 96523 Pub Utilities Adm Bldg R&R 556,703 - 556,703 436,694 - 120,009 96630 Sanitary Sewer Extension 14,257,148 - 14,257,148 12,615,157 4,557 1,637,435 96634 Sanitary Sewer Relocation 4,659,557 - 4,659,557 3,571,236 66,181 1,022,141 96645 Laboratory Upgrade & R&R 1,146,761 - 1,146,761 1,126,761 - 20,000 96654 Facilities Upgrade & Improve 13,433,556 - 13,433,556 10,598,716 - 2,834,840 96664 Water Pollution Control R&R 38,070,314 - 38,070,314 21,746,372 2,100,756 14,223,186 96665 Sanitary Sewer R&R 96,552,135 3,836,237 100,388,372 75,176,009 22,144,527 3,067,836 14 96686 Pump Station Replacement 22,829,592 - 22,829,592 11,041,568 8,254,149 3,533,875 96721 System R & R - Maintenance 19,763,819 3,464,973 23,228,793 16,841,752 231,524 6,155,518 15 96722 Line Relocation - Maintenance 5,606,588 - 5,606,588 3,630,489 66,181 1,909,918 96739 Reclaimed Water Dist Sys 54,989,107 - 54,989,107 50,088,495 4,225,439 675,174 96742 Line Relocation-Capitalized 19,413,095 - 19,413,095 6,273,082 13,056,690 83,323 96744 System Expansion 4,515,843 - 4,515,843 3,827,696 - 688,147 96764 RO Plant Exp Res #1 15,727,067 - 15,727,067 13,243,654 495,731 1,987,682 96767 RO Plant at Res #2 47,372,249 - 47,372,249 42,369,560 388,140 4,614,550 96773 Groundwater Replenish Fac 5,929,570 - 5,929,570 5,917,653 2,987 8,930 96782 RO Plant @WTP #3 3,737,644 - 3,737,644 1,827,536 8,367 1,901,741 96783 Water Sys Upgrades/Improve 9,223,925 - 9,223,925 3,924,191 1,576,921 3,722,812 96784 Reclaim Water Distrib Sys R&R 9,744,714 (2,774,535) 6,970,180 2,061,043 2,198,822 2,710,315 16 96785 Feasibility Studies/Evalu - Wtr 5,001,010 - 5,001,010 2,448,986 40,563 2,511,461 96786 Devices/Equipment - Water 600,000 - 600,000 - - 600,000 C2412 Enterprise Asset Management 3,487,209 - 3,487,209 660,964 - 2,826,245 G2206 Portable Generators 771,000 - 771,000 212,380 - 558,620 L1904/L1905 /M2008 Vehicle & Equip-Sewer 1,077,913 1,077,913 1,000,239 - 77,674 M1905 Marshall Street Plant R&R 4,160,000 (2,500,000) 1,660,000 483,063 111,650 1,065,287 17 M1906 Northeast Plant R&R 2,451,373 (794,313) 1,657,060 777,337 251,865 627,858 18 M1907 East Plant R&R 5,165,000 (1,232,363) 3,932,637 471,919 3,460,718 - C 19 M1908 RO Plant Exp Res #1 R&R 1,300,000 - 1,300,000 103,324 44,192 1,152,484 M1909 RO Plant at Res #2 R&R 1,250,000 - 1,250,000 431,405 - 818,595 M1910 Water Treatment Plant #3 R&R 898,851 - 898,851 152,278 - 746,573 M2103 Utilities Bldg & Maint 2,714,350 - 2,714,350 548,196 9,637 2,156,517 Sub-Total 499,736,278 (0) 499,736,278 340,165,298 73,346,798 86,224,182 26 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2024 - DECEMBER 31, 2024 Budget Revised Project Open Available Amend Description 10/1/24 Amdmts Budget To Date Encumbrance Balance Status Ref Actual Expenditures Flood Protection/SW Management C1908 Stormwater Vehicles & Equip 8,435,281 - 8,435,281 6,966,018 1,055,322 413,941 ENST180001 Stormwater Pipe System Improve 16,252,727 - 16,252,727 6,128,735 3,939,201 6,184,791 ENST180002 Allen's Creek 5,944,982 - 5,944,982 2,858,045 - 3,086,937 ENST180003 Stormwater System Expansion 739,375 - 739,375 50,853 360,000 328,522 ENST180004 Stevenson Creek 6,286,276 - 6,286,276 629,658 - 5,656,618 ENST180005 Coastal Basin 5,047,586 - 5,047,586 3,025,969 128,419 1,893,198 ENST180006 Alligator Creek Watershed 3,971,197 - 3,971,197 541,550 100,716 3,328,932 ENST180010 Lower Spring Branch Improve 5,459,000 - 5,459,000 366,701 164,193 4,928,106 ENST240001 North Beach Pump Station 7,000,000 - 7,000,000 - - 7,000,000 Sub-Total 59,136,424 - 59,136,424 20,567,529 5,747,851 32,821,045 Other Physical Environment 93422 Dredging of City Waterways 1,546,204 - 1,546,204 483,487 - 1,062,717 C2214 Public Works Complex 15,366,468 - 15,366,468 - - 15,366,468 ENGF180006 City-wide Docks and Seawall 2,736,739 - 2,736,739 1,838,280 28,639 869,820 ENGF180011 Environment Assmt & Clean 1,349,664 - 1,349,664 172,582 9,725 1,167,357 ENGF180014 Seminole Boat Launch Improve 6,752,000 - 6,752,000 4,312,112 12,958 2,426,931 M2002 Environ Prk Remediate & Protect 1,800,000 (500,000) 1,300,000 358,903 58,508 882,589 20 M2006 Right of Way Tree Mgt Prog 1,400,000 - 1,400,000 471,845 - 928,155 M2210 CW Municipal Cemetery Reno 770,000 - 770,000 354,208 - 415,792 Sub-Total 31,721,075 (500,000) 31,221,075 7,991,418 109,829 23,119,828 Road and Street Facilities C2102 Fort Harrison Reconstruction 25,863,936 - 25,863,936 2,204,284 6,391,902 17,267,750 C2103 Downtown Streetscaping 15,731,494 - 15,731,494 15,678,546 53,248 (300) C2407 Nash Street 7,524,586 - 7,524,586 55,558 225,568 7,243,460 C2408 Osceola Stscape/Util Rpl 8,234,156 - 8,234,156 235,905 1,782,988 6,215,263 C2506 Drew Street - 3,000,000 3,000,000 - - 3,000,000 21 ENGF200003 Memorial Cswy Bridge Lighting 200,000 - 200,000 152,656 - 47,344 ENRD180002 Bridge Maintenance & Improve 12,289,997 - 12,289,997 4,701,726 - 7,588,272 ENRD180004 Streets and Sidewalks 36,196,349 36,196,349 22,068,273 3,587,720 10,540,356 ENRD180005 City-Wide Intersection Improve 4,122,907 - 4,122,907 1,500,365 6,931 2,615,610 ENRD180006 Traffic Signals 3,030,280 - 3,030,280 1,240,985 298,600 1,490,695 ENRD180007 Traffic Safety Infrastructure 1,980,979 - 1,980,979 1,184,626 148,459 647,894 ENRD240001 ATMS Infrastructure Upgrades 600,000 - 600,000 - 238,828 361,172 G2213 ARPA Streets & Sidewalks 2,000,000 - 2,000,000 1,562,412 437,588 -C Sub-Total 117,774,684 3,000,000 120,774,684 50,585,337 13,171,831 57,017,516 Airports 94817 Airpark Maint & Repair 498,445 - 498,445 366,515 - 131,930 G1901 Replace Hangar C 1,305,000 - 1,305,000 1,264,714 - 40,286 G2108 Security System Upgrade 228,000 - 228,000 135,286 - 92,714 G2306 Apron Relayment 2,000,000 - 2,000,000 160,419 155,735 1,683,846 G2307 Aviation Operation Center 3,550,000 - 3,550,000 198,534 233,867 3,117,600 G2401 Airpark Hangars 3,579,300 - 3,579,300 3,270 - 3,576,030 G2409 Airpark Property Survey 100,000 - 100,000 92,810 5,000 2,190 G2508 Airpark Beacon 110,000 110,000 - - 110,000 22 Sub-Total 11,260,745 110,000 11,370,745 2,221,548 394,602 8,754,595 Water Transportation System 93415 Waterway Maintenance 1,250,000 - 1,250,000 897,786 28,786 323,428 G2410 Water Transprtn Ferry Grant 1,000,000 - 1,000,000 620,057 310,029 69,914 Sub-Total 2,250,000 - 2,250,000 1,517,843 338,815 393,342 27 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2024 - DECEMBER 31, 2024 Budget Revised Project Open Available Amend Description 10/1/24 Amdmts Budget To Date Encumbrance Balance Status Ref Actual Expenditures Parking Facilities C2502 Gotham Development Agreement 22,000,000 - 22,000,000 5,000,000 - 17,000,000 ENPK180001 Parking Lot Resurfacing 958,476 - 958,476 68,301 79,688 810,487 ENPK180002 Parking Lot Improvements 1,468,802 - 1,468,802 868,696 - 600,107 ENPK180003 Parking Facilities 5,471,348 - 5,471,348 2,922,784 1,908 2,546,656 ENPK230001 Downtown Parking Garage 31,700,000 - 31,700,000 568,852 1,500,286 29,630,863 ENPK250001 Beach Marina Parking Garage 3,000,000 - 3,000,000 - - 3,000,000 M2102 Seminole Boat Launch Maint 711,318 - 711,318 34,819 - 676,499 Sub-Total 65,309,945 - 65,309,945 9,463,452 1,581,882 54,264,611 Other Transportation 92842 City Wayfinding Project 2,050,000 - 2,050,000 1,736,333 117,071 196,596 C2501 City Shorelines 200,000 - 200,000 - - 200,000 ENGF180002 Downtown Intermodal 924,756 - 924,756 8,437 - 916,320 ENGF180003 Miscellaneous Engineering 604,146 - 604,146 385,122 19,300 199,724 ENGF180004 Survey Equipment Replace 80,288 - 80,288 - - 80,288 ENGF180013 Imagine Clearwater 84,661,322 - 84,661,322 84,068,330 550,043 42,949 Sub-Total 88,520,513 - 88,520,513 86,198,222 686,414 1,635,877 Other Economic Environment C2413 Mercado-Downtown Gateway 1,154,763 - 1,154,763 846,170 308,593 -C Sub-Total 1,154,763 - 1,154,763 846,170 308,593 0 Libraries 93534 Library FF&E Repair & Replace 694,999 - 694,999 248,970 1,350 444,680 94861 Library Technology 1,600,000 - 1,600,000 1,344,956 - 255,044 C2211 Main Library Renovation 775,000 - 775,000 64,700 - 710,300 Sub-Total 3,069,999 - 3,069,999 1,658,626 1,350 1,410,023 Parks & Recreation 93133 Park Land Acquisition 2,597,351 1,255,000 3,852,351 3,829,021 - 23,329 23 93272 Bicycle Paths-Bridges 6,870,232 - 6,870,232 5,797,200 2,460 1,070,572 93602 Sp Events Equip Rep & Rplcmnt 485,000 - 485,000 353,384 - 131,616 93618 Misc Park & Rec Contract 1,315,000 - 1,315,000 1,088,623 24,347 202,030 93646 RR Expan-Barefoot Bch House 520,950 (2,576) 518,374 518,374 - - C 24 C1904 Ruth Eckerd Hall 8,500,000 - 8,500,000 7,000,000 - 1,500,000 C2002 Ed Wright/Norton Park Reno 855,272 - 855,272 - - 855,272 C2202 Long Center Major Reno 17,500,000 - 17,500,000 990,663 13,961 16,495,376 C2209 Neighborhood Park Reno 600,000 - 600,000 - - 600,000 C2403 McKay Playfield Improve 1,950,930 - 1,950,930 965,530 918,841 66,559 C2404 Edgewater Drive Park Impv 1,050,000 - 1,050,000 - 116,100 933,900 C2405 Moccasin Lake Nature Park 100,000 - 100,000 - - 100,000 C2406 Pour-in-place Playgrnd Safe Prg 400,000 - 400,000 - - 400,000 G2218 ARPA State Street Park Impv 1,049,662 500,000 1,549,662 69,383 1,423,328 56,951 25 L1901 P&R Vehicle & Equip Additions 546,210 - 546,210 520,438 - 25,772 M2206 Parks & Beautification R&R 5,337,125 - 5,337,125 3,307,180 577,699 1,452,247 M2401 Amphitheater Repair & Impv 1,612,000 - 1,612,000 41,596 242 1,570,162 M2502 Coachman Park Improvements 200,000 - 200,000 - - 200,000 ENGF180007 Phillip Jones Park Renovations 224,726 854,000 1,078,726 64,044 954,100 60,582 26 Sub-Total 51,714,458 2,606,424 54,320,882 24,545,437 4,031,077 25,744,368 28 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2024 - DECEMBER 31, 2024 Budget Revised Project Open Available Amend Description 10/1/24 Amdmts Budget To Date Encumbrance Balance Status Ref Actual Expenditures Cultural Services A1901 Misc Minor Public Art 267,079 - 267,079 173,040 - 94,039 A2201 Cultural Arts Plan 120,000 - 120,000 15,085 - 104,915 Sub-Total 387,079 - 387,079 188,125 - 198,954 Special Recreation Facilities 93410 Clwr Harbor Marina Maint R&R 599,626 - 599,626 441,573 - 158,052 93420 Fuel System R & R 372,752 - 372,752 188,205 - 184,546 93499 Pier 60/Sailing Center Maint 1,071,952 - 1,071,952 374,023 - 697,928 C1905 Beach Marina Upgrade 46,492,258 1,550,000 48,042,258 4,257,690 43,012,443 772,125 27 C1906 Clw Harbor Marina Repl & Up 2,995,695 - 2,995,695 2,594,994 129,247 271,454 C2001 Athletic Flds & Fac Reno/Improve 8,450,000 - 8,450,000 - - 8,450,000 C2204 Soccer Reno EC Moore 100,000 - 100,000 - - 100,000 C2402 Frank Tack Improvements 750,000 - 750,000 - - 750,000 C2409 South Basin Attenuator 302,106 - 302,106 201,192 100,914 - C C2504 Countryside Pickleball 150,000 - 150,000 - - 150,000 C2505 Sports Lighting Retrofit 540,000 - 540,000 - - 540,000 M1902 Marine Fac Maint Dock R&R 817,470 - 817,470 629,512 - 187,958 M2204 Carpenter & BayCare R&R 7,481,513 - 7,481,513 2,924,508 102,560 4,454,444 M2205 Recreation Center R&R 2,902,601 - 2,902,601 676,073 190,485 2,036,044 M2207 Athletic Field R&R 3,517,568 - 3,517,568 642,364 277,214 2,597,990 M2208 Beach Walk/Pier 60 Park R&R 2,798,735 2,576 2,801,312 1,722,220 - 1,079,092 28 Sub-Total 79,342,275 1,552,576 80,894,851 14,652,354 43,812,863 22,429,634 TOTAL ALL PROJECTS 1,446,483,837 10,723,638 1,457,207,475 798,939,283 217,349,006 440,919,186 29 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs Foreclosure Registry - Nuisance Abatement 1 98609 4,000 To record a budget increase of $4,000.00,which represents foreclosure registry fees collected to date,to bring the budget in line with actual receipts.4,000 Police Extra Duty 2 99215 597,035 To record a budget increase of $597,035.03 in police service revenue to bring the budget in line with actual receipts.597,035 Federal Forfeiture Treasury 3 99281 850 To record a budget increase of $849.89 in interest earnings, which will bring the budget in line with actual receipts.850 Police Education Fund 4 99317 13,486 To record a budget increase of $13,486.19 in police education fine revenue,which will bring the budget in line with actual receipts.13,486 Investigative Recovery Costs 5 99329 92,719 To record a budget increase of $92,719.05 in fines,forfeitures, and penalties revenue to bring the budget in line with actual receipts. 92,719 Florida Contraband Forfeiture Fund 6 99330 134,815 To record a budget increase of $129,298.00 in fines, forfeitures,and penalties revenue,and $5,516.67 in interest earnings to bring the budget in line with actual receipts.134,815 Vehicle Replacement Fund 7 99350 49,700 To record a budget increase of $49,699.90 transferred from 99215,Police Extra Duty,representing revenue collected for vehicle usage on extra duty jobs.49,700 Safe Neighborhood Program 8 99356 40,000 To record an increase of $40,000.00 transferred from 99330, Florida Contraband Forfeiture Fund,to support community outreach programs.40,000 Crime Prevention Program 9 99364 7,175 To record an increase of $7,000.00 transferred from 99330, Florida Contraband Forfeiture Fund,to support community programs; and an increase of $175.00 in donation revenue.7,175 Special Program Fund First Quarter Amendments FY 2024/25 30 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Special Program Fund First Quarter Amendments FY 2024/25 Public Safety Programs (continued) Federal Forfeiture Sharing 10 99387 21,610 To record an increase of $10,488.28 in governmental revenues from the US Department of Justice,and $11,121.38 in interest earnings to bring the budget in line with actual receipts.21,610 Police SAFE Grant 11 G2411 375,000 To record a budget increase of $375,000.00 in grant revenues awarded from the Florida Department of Law Enforcement State Assistance for Fentanyl Eradication in Florida Program.375,000 DEA Overtime Reimbursement 12 P2201 10,000 To record a budget increase of $10,000.00 in reimbursement revenue from the Drug Enforcement Agency (DEA)to account for special duty assignments.10,000 PSO Countryside Christian 13 P2302 129,960 To record a budget increase of $129,960.00 in reimbursement revenue representing 2024/25 school year funding for the for the Police Safety Officer (PSO)program at Countryside Christian Academy as approved by Council on August 3, 2023. 129,960 Public Safety Program Totals:1,476,349 - 1,476,349 Physical Environment Programs Tree Replacement Program 14 99970 68,136 To record a budget increase of $68,136.00 in fines,forfeiture, and penalties revenue to bring the budget in line with actual receipts.68,136 Physical Environment Program Totals:68,136 - 68,136 31 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Special Program Fund First Quarter Amendments FY 2024/25 Transportation Programs Clearwater Ferry - PSTA - NEW PROGRAM 15 M2503 100,000 To establish the program and record a budget increase of $100,000.00 representing PSTA's portion of the multi-year agreement as approved by Council on January 16, 2025.100,000 Transportation Programs: Totals:100,000 - 100,000 Economic Environment Programs Public Facilities 2023 16 G2301 (47,000) To record a budget transfer of $47,000.00 in Community Development Block Grant (CDBG)revenues to G2501,Public Facilities 2025. (47,000) Economic Development 2023 - CLOSE PROGRAM 17 G2302 (13,260) To record a budget transfer of $13,260.00 in Community Development Block Grant (CDBG)revenues to G2502, Economic Development 2025. This program will be closed.(13,260) Program Administration 2023 - CLOSE PROGRAM 18 G2303 854 To record a budget transfer of $854.00 in Community Development Block Grant (CDBG)revenues from G2503, Program Administration 2025. This program will be closed.854 Economic Development 2024 - CLOSE PROGRAM 19 G2403 (53,602) To record Community Development Block Grant (CDBG) revenue budget transfers of $47,019.00 to G2502,Economic Development 2025,and $6,582.56 to G2501,Public Facilities 2025. This project will be closed.(53,602) Public Facilities 2025 - NEW PROGRAM 20 G2501 53,583 To record budget transfers of Community Development Block Grant (CDBG)revenues of $47,000 from G2301,Public Facilities 2023,and $6,582.56 from G2403,Economic Development 2024. 53,583 32 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Special Program Fund First Quarter Amendments FY 2024/25 Economic Environment Programs (Continued) Economic Development 2025 21 G2502 60,279 To record budget transfers of Community Development Block Grant (CDBG)revenues of $13,260.00 from G2302,Economic Development 2023,and $47,019.00 from G2403,Economic Development 2024. 60,279 Program Administration 2025 22 G2503 (854) To record a budget transfer of $854.00 in Community Development Block Grant (CDBG)revenues to G2303,Program Administration 2023. (854) Economic Environment Program Totals:- - - Human Services Programs Opioid Settlement Funds 23 M2209 10,436 To record a budget increase of $10,435.55 in interest earnings to bring the budget in line with revenues received to date.10,436 Human Services Program: Totals:10,436 - 10,436 Culture and Recreation Programs Library Special Account 24 99910 37,899 To record a budget increase of $37,898.76 in donation revenue to bring the budget in line with actual receipts.37,899 Clearwater for Youth Grants 25 G1907 3,360 To record a budget increase of $3,360.00 in donation revenue for youth programs.This will bring the budget in line with actual receipts.3,360 FY24 Special Events - CLOSE PROGRAM 26 PRSE240001 2,862 To record a budget increase of $2,861.96 in sales revenue to bring the budget in line with actual receipts. This project will be closed,a new program will be created to account for fiscal year 2025 events.2,862 33 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Special Program Fund First Quarter Amendments FY 2024/25 Culture and Recreation Programs (continued) FY25 Special Events - NEW PROGRAM 27 E2501 187,427 To establish the program which will account for fiscal year 2024/25 city co-sponsored ticketed events;record a budget transfer of $143,427.38 which represents remaining funds from prior year special events programs in PRSE240001,FY24 Special Events;and to record an increase of $44,000.00 in General Fund revenues transferred from the Police Department to fund policing costs at the Sea-Blues festival.187,427 Culture and Recreation Program Total:231,548 - 231,548 1,886,469 - 1,886,469 Intrafund/Interfund Transfers Police Extra Duty 99215 49,700 To record a transfer of $49,699.90 to 99350,Vehicle Replacement,representing revenue collected for vehicle usage on extra duty jobs. Florida Contraband Forfeiture Fund 99330 47,000 To record a transfer of $40,000.00 in fines,forfeiture,and penalty revenue to 99356,Safe Neighborhood Program;and a transfer of $7,000.00 to 99364, Crime Prevention Program. FY24 Special Events - CLOSE PROGRAM PRSE240001 143,427 To record a transfer of $143,427.38 to special program E2501, FY25 Special Events.This program will be closed,a new program will account for FY25 special events. Total Interfund Transfers:240,127 Total Budget Increase/(Decrease): 34 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2024 - DECEMBER 31, 2024 Actual Expenditures Original Revised Project Open Available Amend Description Budget Amdmt Budget To Date Encumbr Balance Status Ref GENERAL GOVERNMENT PROGRAMS 99857 Stimulus-Elctrnc Plan Submit & Revw 289,000 - 289,000 149,927 - 139,073 99928 Nagano Sister City Program 453,659 - 453,659 249,003 7,210 197,445 G2413 HB1365/Pinellas County 50,000 - 50,000 50,000 - - C M1913 Lien Foreclosure Program 1,318,484 - 1,318,484 614,894 - 703,589 M2101 Planning Studies Fund 1,425,000 - 1,425,000 607,289 180,723 636,988 M2403 Feasibility Study 504,000 - 504,000 71,232 432,768 - M2404 Property Use/Surplus Planning 200,000 - 200,000 - - 200,000 Sub-Total 4,240,142 - 4,240,142 1,742,345 620,701 1,877,096 PUBLIC SAFETY PROGRAMS 98609 Foreclosure Registry-Nuisance Abtmnt 197,900 4,000 201,900 22,163 - 179,738 1 99215 Police Extra Duty 9,240,910 597,035 9,837,945 9,789,609 - 48,337 2 99279 Police Recruitments 351,010 - 351,010 229,521 - 121,489 99281 Fed Forfeitures - Treasury 197,753 850 198,603 160,579 - 38,024 3 99316 Police Volunteers 183,519 - 183,519 148,210 - 35,308 99317 Police Education Fund 1,495,576 13,486 1,509,063 1,304,567 - 204,495 4 99329 Investigative Recovery Costs 3,192,812 92,719 3,285,531 2,869,057 31,424 385,049 5 99330 FL Contraband Forfeiture Fund 1,452,861 134,815 1,587,675 1,273,352 - 314,324 6 99350 Vehicle Replacement Fund 1,132,369 49,700 1,182,069 815,798 53,519 312,752 7 99356 Safe Neighborhood Program 1,552,703 40,000 1,592,703 1,495,148 - 97,554 8 99364 Crime Prevention Program 259,409 7,175 266,584 256,529 - 10,055 9 99387 Federal Forfeiture Sharing 2,622,309 21,610 2,643,919 2,106,139 - 537,780 10 99927 Emergency Operations 4,481,229 - 4,481,229 3,279,931 - 1,201,299 D2001 COVID-19 Prep & Response 1,981,240 - 1,981,240 1,494,379 - 486,861 D2302 Hurricane Idalia 1,387,559 - 1,387,559 201,555 115,264 1,070,740 D2401 Hurricane Debby - - - - 150,948 (150,948) D2402 Hurricane Helene - - - 727,394 2,820,313 (3,547,708) D2501 Hurricane Milton - - - 866,896 657,826 (1,524,722) G2411 Police SAFE Grant 168,000 375,000 543,000 169,513 - 373,487 11 G2414 Pedestrian/Bicycle Safety Grant 2025 27,215 - 27,215 3,563 - 23,652 P1801 School Resource Officers 4,229,972 - 4,229,972 3,715,615 - 514,357 P2002 Police Body Worn Camera Program 882,922 - 882,922 812,924 - 69,998 P2101 Mental Health Co-Responder Team 759,442 - 759,442 563,320 - 196,122 P2201 DEA OT Reimbursement Program 65,000 10,000 75,000 69,113 - 5,887 12 P2202 ESST OT Reimbursement Program 8,000 - 8,000 2,566 - 5,434 P2203 FBI OT Reimbursement Program 45,000 - 45,000 36,909 - 8,091 P2204 Secret Service OT Reimb Program 50,000 - 50,000 42,385 - 7,615 P2301 The Sound Acoustic Study 168,500 - 168,500 153,183 - 15,317 P2302 PSO - Countryside Christian 129,960 129,960 259,920 99,101 - 160,819 13 Sub-Total 36,263,170 1,476,349 37,739,520 32,709,018 3,829,295 1,201,207 PHYSICAL ENVIRONMENT PROGRAMS 99970 Tree Replacement Program 2,192,514 68,136 2,260,650 1,100,926 - 1,159,725 14 Sub-Total 2,192,514 68,136 2,260,650 1,100,926 - 1,159,725 TRANSPORTATION PROGRAMS M2503 Clearwater Ferry - PSTA - 100,000 100,000 - - 100,000 C 15 Sub-Total - 100,000 100,000 - - 100,000 ECONOMIC ENVIRONMENT PROGRAMS 99802 Brownfield Revolving Loan 1,216,732 - 1,216,732 420,381 - 796,351 99846 Economic Development - QTI 166,879 - 166,879 71,591 - 95,288 G2010 CDBG-CV Fund 1,549,338 - 1,549,338 1,307,855 25,546 215,937 M2009 Afford Housing & Comm Development 290,853 - 290,853 21,483 - 269,370 M2105 ED Strategic Plan 153,896 - 153,896 - - 153,896 35 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2024 - DECEMBER 31, 2024 Actual Expenditures Original Revised Project Open Available Amend Description Budget Amdmt Budget To Date Encumbr Balance Status Ref ECONOMIC ENVIRONMENT PROGRAMS (CONTINUED) G2207 Brownfield MAC Grant 300,000 - 300,000 184,303 - 115,697 G2209 Duke Energy ED Grant 50,000 - 50,000 26,443 - 23,557 G2210 ARPA North Greenwood CRA 5,000,000 - 5,000,000 4,789,355 210,645 0 G2212 ARPA Affordable Housing 3,300,000 - 3,300,000 2,878,644 - 421,356 G2301 Public Facilities 2023 741,390 (47,000) 694,390 692,123 - 2,268 16 G2302 Economic Development 2023 160,275 (13,260) 147,015 147,015 - - C 17 G2303 Program Administration 2023 162,106 854 162,960 162,960 - - C 18 G2402 Public Facilities 2024 1,113,895 - 1,113,895 1,045,577 19,000 49,318 G2403 Economic Development 2024 215,402 (53,602) 161,800 161,800 - C 19 G2404 Program Administration 2024 182,667 - 182,667 182,667 - C G2406 Public Services 2024 136,998 - 136,998 136,917 81 G2408 HOME-ARP 1,637,567 - 1,637,567 8,497 2,623 1,626,447 M2405 Amplify Sublease Agreement 250,000 250,000 250,000 G2501 Public Facilities 2025 448,934 53,583 502,517 428,080 74,437 20 G2502 Economic Development 2024 299,721 60,279 360,000 - 80,000 280,000 21 G2503 Program Administration 2025 188,278 (854) 187,424 2,153 - 185,272 22 G2504 Infill Housing 2025 187,037 - 187,037 - - 187,037 G2505 Public Services 2025 141,072 - 141,072 - 94,048 47,024 Sub-Total 17,893,041 - 17,893,041 12,239,763 859,942 4,793,336 HUMAN SERVICES PROGRAMS 98601 Next Steps to Better Nutrition 9,000 - 9,000 8,981 - 19 99562 HUD Special Education 30,000 - 30,000 27,600 - 2,400 99844 United Way 21,080 - 21,080 13,059 - 8,021 99869 Health Prevention Program 190,269 - 190,269 180,134 - 10,135 G2107 JWB Youth Programming 2,704,560 - 2,704,560 1,851,943 1,843 850,775 G2215 ARPA Pinellas Community Foundation 1,000,000 - 1,000,000 946,470 53,530 - M2209 Opioid Settlement Funds 431,565 10,436 442,000 - - 442,000 23 Sub-Total 4,386,474 10,436 4,396,909 3,028,187 55,373 1,313,350 CULTURE AND RECREATION PROGRAMS 98608 Clark-Turner Trust (Library)106,077 - 106,077 3,000 7,000 96,077 99910 Library Special Account 966,857 37,899 1,004,756 927,401 - 77,356 24 C2303 Library - Machan Estate 1,176,297 - 1,176,297 - - 1,176,297 G1907 Clearwater for Youth Grants 112,509 3,360 115,869 85,623 - 30,246 25 G2412 Water Tank Mural Grant 60,000 - 60,000 60,000 - - C PRSE240001 FY24 Special Events 427,643 2,862 430,505 430,505 - 0 C 26 E2501 FY25 Special Events 70,000 187,427 257,427 - - 257,427 27 Sub-Total 2,919,384 231,548 3,150,932 1,506,529 7,000 1,637,403 TOTAL ALL PROJECTS 67,894,726 1,886,469 69,781,195 52,326,768 5,372,310 12,082,116 36 City of Clearwater SPECIAL DEVELOPMENT FUND First Quarter Amendments FY 2024/25 Increase/ (Decrease)Description Revenues Allocation of Assigned Fund Balance 2,235,000 First quarter amendments reflect a net increase of $2,235,000.00.Amendments include the following: 1)allocations of $540,000.00 in road millage revenues and $440,000.00 in local fuel tax revenues to capital project C2506,Drew Street,as approved by the Council on November 21,2024;2)allocations of $275,000.00 in open space impact fees and $980,000.00 in recreation facility impact fees to capital project 93133,Park Land Acquisition,as approved by the Council on December 19, 2024. 2,235,000$ Net Revenue Amendments Expenditures Transfer to Capital Improvement Fund 2,235,000 First quarter amendments reflect a net increase of $2,235,000.00.Amendments include the following: 1)a transfer of $540,000.00 in road millage revenues and $440,000.00 in local fuel tax revenues to capital project C2506,Drew Street,as approved by the Council on November 21,2024;and 2)a transfer of $275,000.00 in open space impact fees and $980,000.00 in recreation facility impact fees to capital project 93133,Park Land Acquisition,as approved by the Council on December 19, 2024. 2,235,000$ Net Expenditure Amendments 37 SPECIAL REVENUE FUNDS First Quarter: October 1, 2024 - December 31, 2024 Original First Quarter Budget Amended Budget 2024/25 2024/25 Amendments Revenues: Ad Valorem Taxes 4,963,330 4,963,330 - Infrastructure Tax 16,585,900 16,585,900 - Interest Earnings 385,000 385,000 - Open Space Fees - - - Recreation Facility Impact Fees - - - Recreation Land Impact Fees - - - Parks & Recreation Impact Fees - - - Fee in Lieu of Sidewalks - - - Multi-Modal Impact Fees 250,000 250,000 - Local Option Fuel Tax 1,427,150 1,427,150 - Allocation of Assigned Fund Balance 390,000 2,625,000 2,235,000 24,001,380 26,236,380 2,235,000 Expenditures: Transfer to Capital Improvement Fund Road Millage 4,963,330 5,503,330 540,000 Infrastructure Tax 13,292,610 13,292,610 - Recreation Land Impact Fees - 980,000 980,000 Open Space Impact Fees - 275,000 275,000 Multi-Modal Impact fees 640,000 640,000 - Local Option Fuel Tax 1,427,150 1,867,150 440,000 20,323,090 22,558,090 2,235,000 Revenues: CDBG/Home Funds 940,482 940,482 - Interest Earnings 479,000 506,923 27,923 Intergovernmental Revenue - 495,488 495,488 Charges for Service Revenue - 601,035 601,035 Judgments, Fines and Forfeit Revenue - 303,639 303,639 Miscellaneous Revenue - 174,256 174,256 Transfers from General Fund: Sister City Program 37,380 37,380 - Planning Study Fund 200,000 200,000 - United Way Campaign Fund 1,500 1,500 - Special Events 70,000 70,000 - Police Recruitments 60,000 60,000 - School Resource Officers 210,000 210,000 - Police Mental Health Co-Responder Team 165,020 165,020 - Transfers from Special Programs - 284,127 284,127 2,163,382 4,049,851 1,886,469 SPECIAL DEVELOPMENT FUND SPECIAL PROGRAM FUND 38 SPECIAL REVENUE FUNDS First Quarter: October 1, 2024 - December 31, 2024 Original First Quarter Budget Amended Budget 2024/25 2024/25 Amendments Expenditures: General Government 237,380 237,380 - Public Safety 435,020 1,911,369 1,476,349 Physical Environment - 68,136 68,136 Transportation - 100,000 100,000 Economic Environment 635,980 635,980 - Human Services 1,500 11,936 10,436 Culture and Recreation 70,000 301,548 231,548 Interfund Transfers 304,502 304,502 - Transfer to Capital Fund 75,000 75,000 - 1,759,382 3,645,851 1,886,469 Revenues: HOME Investment Partnerships 400,222 400,222 - State Housing Initiatives Partnerships 902,203 902,203 - Total - HOME/SHIP Funds 1,302,425 1,302,425 - Expenditures: Economic Environment 860,779 860,779 - Interfund Transfers 441,646 441,646 - Total - HOME/SHIP Programs 1,302,425 1,302,425 - OTHER HOUSING ASSISTANCE FUNDS 39 ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2024/25 40 In accordance with City of Clearwater Code Section 2.554(6), 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. The city manager may increase any contract up to a total award of one hundred thousand dollars ($100,000.00). 2. The city manager may approve any increase of contract up to a maximum of ten percent (10%) over the most recent award of the city council. 3. No contract price increase shall be approved unless sufficient funds are available for such purpose. 4. Contract price decreases may be approved without limitation. 5. The time for completion may be extended up to ninety (90) days, in any one change or cumulatively for the same project, beyond the most recent city council approved completion time. ***** 12/30/24 Administrative Change Order #1 – Solid Waste Recycling Facility (23- 0007-SW). This change order increases, decreases, and adds items in accordance with field conditions resulting in a net decrease to the contract. Ajax Building Co., LLC (9,930.43) 01/14/25 Administrative Change Order #1 – City Hall Construction (22-0019-EN). This change order decreases items in accordance with field conditions resulting in a net decrease to the contract. Ajax Building Co., LLC (1,310,975.21) 01/23/25 Administrative Change Order #1 – Parking Lot 36 Reconstruction (25- 0003-EN). This change order increases, decreases and adds items in accordance with field conditions resulting in a net increase to the contract. Keystone Excavators, Inc. 76,424.75 01/27/25 Administrative Change Order #1 – 2021 Roadway Resurfacing (19-0045- EN). This change order extends the contract 90 calendar days resulting in no change to the contract. Gator Grading & Paving, LLC 0.00 01/28/25 Administrative Change Order #1 – Long Center Renovation (21-0026-PR). This change order decreases items in accordance with field conditions resulting in a net decrease to the contract. Creative Contractors, Inc. 978,770.00 41 Ordinance #9819-25 ORDINANCE NO. 9819-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2025 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SOLID WASTE AND RECYCLING FUND, ADMINISTRATIVE SERVICES FUND, SPECIAL DEVELOPMENT FUND, AND SPECIAL PROGRAM FUND AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2025, for operating purposes, including debt service, was adopted by Ordinance No. 9793-24; and WHEREAS, at first quarter review it was found that an increase of $10,064,711 is necessary for revenues and an increase of $10,918,711 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. 9793-24 is amended to read: Pursuant to the Amended City Manager's Annual Report and estimate for the fiscal year beginning October 1, 2024 and ending September 30, 2025 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. 42 Ordinance #9819-25 Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _______________________________ Bruce Rector, Mayor Approved as to form: Attest: _______________________________ ________________________________ David Margolis, City Attorney Rosemarie Call, City Clerk FirstQuarter Budgeted Use of Total AmendedRevenues Reserves Revenues Budget 2024/25 2024/25 2024/25 2024/25 Amendments General Fund: Ad Valorem Taxes 99,346,030 - 99,346,030 99,346,030 - Utility Taxes 20,693,870 - 20,693,870 20,693,870 - Local Option, Fuel & Other Taxes 6,160,000 - 6,160,000 6,160,000 - Franchise Fees 12,600,000 - 12,600,000 12,600,000 - Other Permits & Fees 3,332,500 - 3,332,500 3,332,500 - Intergovernmental Revenues 32,331,010 - 32,331,010 32,331,010 - Charges for Services 18,479,320 - 18,479,320 18,479,320 - Judgments, Fines & Forfeitures 1,441,000 - 1,441,000 1,441,000 - Miscellaneous Revenues 8,892,340 - 8,892,340 8,892,340 - Transfers In 15,030,410 - 15,030,410 15,030,410 - Transfer (to) from Reserves - 8,300,000 8,300,000 13,743,242 5,443,242 Total, General Fund 218,306,480 8,300,000 226,606,480 232,049,722 5,443,242 Special Revenue Funds: Special Development Fund 23,611,380 390,000 24,001,380 26,236,380 2,235,000 Special Program Fund 2,163,382 - 2,163,382 4,049,851 1,886,469 Local Housing Asst Trust Fund 1,302,425 - 1,302,425 1,302,425 - Utility & Other Enterprise Funds: Water & Sewer Fund 112,148,970 3,053,470 115,202,440 115,202,440 - Stormwater Utility Fund 18,707,340 - 18,707,340 18,707,340 - Solid Waste & Recycling Fund 36,171,800 - 36,171,800 36,171,800 - Gas Fund 47,443,950 338,680 47,782,630 47,782,630 - Airpark Fund 274,270 - 274,270 274,270 - Marine Fund 5,070,650 98,310 5,168,960 5,168,960 - Clearwater Harbor Marina 1,151,700 16,700 1,168,400 1,168,400 - Parking Fund 12,236,140 30,049,580 42,285,720 42,285,720 - Internal Service Funds: Administrative Services Fund 20,186,320 - 20,186,320 20,686,320 500,000 General Services Fund 8,668,890 - 8,668,890 8,668,890 - Garage Fund 18,445,200 - 18,445,200 18,445,200 - Central Insurance Fund 40,048,550 - 40,048,550 40,048,550 - Total, All Funds 565,937,447 42,246,740 608,184,187 618,248,898 10,064,711 EXHIBIT A 2024-25 BUDGET REVENUE 43 Ordinance #9819-25 FirstQuarter Original AmendedBudgetBudget 2024/25 2024/25 Amendments General Fund: City Council 664,064 664,064 - City Manager's Office 1,386,616 1,386,616 - City Attorney's Office 2,790,947 2,790,947 - City Audit 507,056 507,056 - City Clerk 1,384,574 1,384,574 - CRA Administration 1,060,401 1,060,401 - Economic Development & Housing 2,400,886 2,400,886 - Finance 3,574,985 3,574,985 - Fire 35,817,579 38,659,234 2,841,655 Human Resources 2,416,584 2,416,584 - Library 10,090,842 10,090,842 - Non-Departmental 18,799,898 17,330,898 (1,469,000) Parks & Recreation 56,857,045 56,857,045 - Planning & Development 9,434,077 9,434,077 - Police 58,679,490 62,750,077 4,070,587 Public Communications 2,254,207 2,254,207 - Public Utilities 512,130 512,130 - Public Works 17,975,099 17,975,099 - Total, General Fund - 226,606,480 232,049,722 5,443,242 Special Revenue Funds: Special Development Fund 20,323,090 22,558,090 2,235,000 Special Program Fund 1,759,382 3,645,851 1,886,469 Local Housing Asst Trust Fund 1,302,425 1,302,425 - Utility & Other Enterprise Funds: Water & Sewer Fund 115,202,440 115,202,440 - Stormwater Utility Fund 17,455,680 17,455,680 - Solid Waste & Recycling Fund 34,182,440 35,036,440 854,000 Gas Fund 47,782,630 47,782,630 - Airpark Fund 151,110 151,110 - Marine Fund 5,168,960 5,168,960 - Clearwater Harbor Marina 1,168,400 1,168,400 - Parking Fund 42,285,720 42,285,720 - Internal Service Funds: Administrative Services Fund 20,153,590 20,653,590 500,000 General Services Fund 8,668,890 8,668,890 - Garage Fund 18,432,510 18,432,510 - Central Insurance Fund 40,039,250 40,039,250 - Total, All Funds - 600,682,997 611,601,708 10,918,711 EXHIBIT A (Continued) 2024-25 BUDGET EXPENDITURES 44 Ordinance #9819-25 45 Ordinance #9820-25 ORDINANCE NO. 9820-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2025, TO REFLECT AN INCREASE OF $10,723,638 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2025 was adopted by Ordinance No. 9794-24; 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. 9794-24 is amended to read: Pursuant to the First Quarter Amended Capital Improvement Program Report and estimated budget for the fiscal year beginning October 1, 2024, and ending September 30, 2025, a copy of which is on file with the City Clerk, the City Council hereby adopts a First Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Bruce Rector, Mayor Approved as to form: Attest: ______________________________ ____________________________ David Margolis, City Attorney Rosemarie Call, City Clerk EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2024/25 First Qtr. Original Amended Budget Budget 2024/25 2024/25 Amendments Other General Government 25,974,500 29,431,453 3,456,953 Police Protection 570,000 962,044 392,044 Fire Protection 1,129,730 1,129,730 - Fire Rescue Services 406,520 406,520 - Gas Utility Services 8,175,000 8,280,641 105,641 Solid Waste Services 2,430,000 2,430,000 - Water-Sewer Services 23,200,630 23,200,630 - Flood Protection/Stormwater Mgmt 3,095,810 3,095,810 - Other Physical Environment 11,549,190 11,049,190 (500,000) Road and Street Facilities 24,131,020 27,131,020 3,000,000 Airports 584,300 694,300 110,000 Water Transportation Systems 200,000 200,000 - Parking Facilities 32,889,000 32,889,000 - Other Transportation 170,000 170,000 - Libraries 110,000 110,000 - Parks & Recreation 4,000,000 6,606,424 2,606,424 Cultural Services 35,000 35,000 - Special Recreation Facilities 14,188,000 15,740,576 1,552,576 TOTAL PROJECT EXPENDITURES 152,838,700 163,562,338 10,723,638 GENERAL SOURCES: General Operating Revenue 27,172,760 32,418,760 5,246,000 Penny for Pinellas 13,292,610 13,292,610 - Road Millage 4,963,330 5,503,330 540,000 Local Option Fuel Tax 1,427,150 1,867,150 440,000 Grants 474,650 539,630 64,980 County Fire Reimbursements 129,540 129,540 - Other Governmental - 236,153 236,153 Special Program Fund 75,000 75,000 - Multi-Modal Impact Fee 640,000 640,000 - Open Space Impact Fee - 275,000 275,000 Recreation Land Impact Fee - 980,000 980,000 Other - 90,910 90,910 46 Ordinance # 9820-25 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2024/25 First Qtr. Original Amended Budget Budget 2024/25 2024/25 Amendments SELF SUPPORTING FUNDS: Parking Revenue 33,319,000 33,319,000 - Marine Revenue 150,000 1,700,000 1,550,000 Clearwater Harbor Marina Revenue 175,000 175,000 - Airpark Revenue 35,000 145,000 110,000 Airpark Reimbursement Revenue 274,650 274,650 - Water Revenue 10,588,380 10,588,380 - Sewer Revenue 13,963,840 13,963,840 - Utility R&R 14,471,170 14,471,170 - Water Impact Fees 160,000 160,000 - Stormwater Utility Revenue 6,550,600 6,550,600 - Gas Revenue 8,175,000 8,280,641 105,641 Solid Waste Revenue 2,430,000 3,284,000 854,000 INTERNAL SERVICE FUNDS: Garage Revenue 175,000 675,000 500,000 Administrative Services Revenue 1,900,000 2,400,000 500,000 General Services Revenue 200,000 200,000 - Central Insurance Revenue 176,520 176,520 - BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 11,519,500 11,519,500 - Lease Purchase - Administrative Services 400,000 (369,047) (769,047) TOTAL ALL FUNDING SOURCES:152,838,700 163,562,338 10,723,638 47 Ordinance # 9820-25 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0197 Agenda Date: 3/17/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 6.5 SUBJECT/RECOMMENDATION: Approve a Clearwater Interlocal Agreement (ILA) with Pinellas Suncoast Transit Authority (PSTA) for Undergrounding of Duke Electric Utilities along Myrtle Avenue, Cleveland to Court Streets, and authorize the appropriate officials to execute same. SUMMARY: In support of the City’s new City Hall and MSB Renovation projects as well PSTA’s Multimodal Transit Center, the City wishes to partner with PSTA to initiate removal of Duke’s overhead power lines along the west side of Myrtle Avenue from just north of Cleveland Street to just south of Court Street. This will improve aesthetics of the urban landscape, provide a cleaner visual appearance, enhance pedestrian access while also offering increased reliability and safety compared to overhead lines. This undergrounding effort provides opportunity for increased property values, creating a more attractive environment for businesses and residents, stimulating investment and revitalizing the area. The ILA allows PSTA to pay/reimburse the city for their portion of the Duke undergrounding work. PSTA will be responsible for restoration of their adjacent right-of-way (ROW) and private property and coordinating with the joint users to remove private telecom lines from the Duke-owned power poles once Duke removes the power lines. The proposed undergrounding covers approximately four blocks for $671,431.56 based on Duke’s binding project estimate dated February 15, 2025. The City’s portion owed to Duke is $503,573.56 or 75% of the total for three blocks and PSTA’s portion is $167,858.00 or 25% for one block. The approval to use $1 million in CRA funds to cover the City’s portion of undergrounding cost, including joint users and restoration, as well as approval of the Duke Underground Conversion Agreement, will be presented to the CRA Trustees at the next CRA work session, March 31, 2025. The city and PSTA will grant Duke various easements to accommodate required switchgear and transformers on city and PSTA property with the power lines typically being directional drilled in the ROW. Duke anticipates a 7-month construction duration once they receive permits. STRATEGIC PRIORITY: Investment in undergrounding of overhead power lines in the downtown core supports all five of the strategic priorities below. Page 1 City of Clearwater Printed on 3/11/2025 4121 St Lawrence Dr New Port Richey, FL 34653 o: 727.372.5164 miriam.tucker@duke-energy.com February 15, 2025 Tara Kivett City of Clearwater 100 S Myrtle Ave Clearwater, FL 33756 RE: Binding cost estimate to underground S Myrtle Ave – New City Hall location Dear Ms. Kivett: Thank you for submitting your request to Duke Energy. The purpose of this proposal is to provide a binding cost estimate for the area you have identified. The effective date of this proposal is February 15, 2025. This cost estimate is based on current labor and material rates and is valid for 180 days (August 14, 2025). Requests beyond that period will require review and adjustments as needed. Project Scope Underground the existing Duke Energy electrical distribution facilities along S Myrtle Ave. Duke Energy to perform the work associated with this undergrounding as outlined in the forthcoming agreement. Binding Cost Estimate The binding cost estimates is: • S Myrtle Ave – Between Cleveland Ave and Court St: $ 671,431.56 Proposal Assumptions Below is a non-inclusive list of assumptions used in calculating this estimate: • All underground facilities to be located in private property easements, not in the right of way. Easements to be obtained by customer at no cost to Duke Energy. • Does not include cost to underground joint users, such as telephone and cable television. • Does not include cost for restoration of any street, right of way, easement, private property or pavement reconstruction that may be necessary as a result of the construction. This cost only includes backfilling the affected area to safe condition. • Does not include costs associated with new streetlights. • Does not include cost to replace existing meter can to accept new underground service. • Does not include any survey work that may be required to identify right of way and easements. • Duke Energy’s design does not guarantee construction feasibility in the field until a constructability review is completed. 4121 St Lawrence Dr New Port Richey, FL 34653 o: 727.372.5164 miriam.tucker@duke-energy.com Next Steps Below is a high-level list of next steps if you wish to proceed with this project. Task Responsible Party 1 Gather cost estimates from all other joint utilities (Telephone, cable television, etc.) Applicant 2 Obtain easements to install facilities and locate equipment Applicant with support from Duke Energy 3 Coordinate customer obligations and possible outages Applicant with support from Duke Energy 4 Sign and approve agreements required by Duke Energy. Provide payment to Duke Energy prior to construction start. Applicant 5 Schedule and complete conversion Duke Energy / Other utilities Enclosed is a breakdown of the facility charges per the Duke Energy Tariff for your reference. If you would like to proceed with this project, please contact me at the email address above. We appreciate your business and look forward to providing you with excellent customer service. Sincerely, Miriam Tucker Miriam Tucker Project Manager Power Grid Operations Enclosure Facility Charges per Tariff Section 12.05(2) Project Name Location Substation Date Tariff Charges a) Remaining Net Book Value -$ b) Removal Cost -$ c) Salvage Value -$ 1,110,915.57$ e) Construction Cost of Overhead (405,732.11)$ f) Cost Estimate Fee (1,756.00)$ g) Lifecycle Operations Costs (31,995.90)$ Total Charges 671,431.56$ (439,484.01)$ Total credits applied to project: * In calculating the Applicant’s Facility Charge, elements a, b, and c of the Facility Charge formula above are to be excluded from Facility Charge due from an Applicant who submits an application providing a binding notification that the Applicant intends to convert existing non-hardened overhead facilities to underground facilities. Of existing overhead facilities* d) Construction Cost of Underground Estimated construction cost of underground facilities including underground service laterals to residential customers meters or point of delivery for general service customers Estimated construction cost of overhead facilities Including overhead service drops to customers' meters Qualifying binding cost estimate fee The net present value of the lifecycle operational costs differential including storm restoration Of existing overhead facilities* City of Clearwater - City Hall Myrtle Ave - Extended scope - Cleveland to Court Clearwater 2/15/2025 Of existing overhead facilities to be removed* Page 1 of 5 Clearwater Undergrounding of Electric Utilities Project Interlocal Agreement THIS Clearwater Undergrounding of Electric Utilities Project INTERLOCAL AGREEMENT ("Agreement") is made and entered into this day of , 2025, by and between the CITY OF CLEARWATER, a political subdivision of the state of Florida (the “City”) and the PINELLAS SUNCOAST TRANSIT AUTHORITY, an independent special district created by Chapter 2000-424, Laws of Florida, as amended, (“PSTA”) (collectively, the “Parties”). RECITALS WHEREAS, pursuant to Chapter 2000-424, Laws of Florida, as amended, PSTA has the authority to plan, develop, improve, construct, maintain, operate, and finance a public transit system, as that term is defined therein; and WHEREAS, PSTA was awarded funding from the FY22 RAISE Grant from USDOT; and WHEREAS, PSTA is agreeable to contribute to the undergrounding of electric utilities in the City of Clearwater as part of the redevelopment of certain properties owned by the Parties (“the Project”); and WHEREAS, the City of Clearwater has obtained a binding cost estimate for the undergrounding of electric utilities by Duke Energy in Project area (Exhibit A); and WHEREAS, pursuant to section 163.01, Florida Statutes, counties, cities, public authorities, state agencies, and other public agencies are authorized to enter into interlocal agreements among and between themselves in order to make the most efficient use of their powers and enabling them to cooperate with other governmental entities; and WHEREAS, the Parties desire to identify the responsibilities of PSTA and the City, respectively, for the portions of the Project located within City limits, including but not limited to design, construction, maintenance, and operation of the Project; and NOW, THEREFORE, for and in consideration of the foregoing recitals (all of which are adopted as an integral part of this Agreement), the mutual promises, covenants, and conditions herein contained and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the City and PSTA agree as follows: 1.PURPOSE The Parties desire to enter into this Agreement in order to identify the responsibilities of PSTA and the City, respectively, for the Project within City limits, including but not limited to design, construction, maintenance, and operation of the Project. 2.DESCRIPTION OF THE PROJECT The Project includes the relocation and replacement of certain existing overhead distribution lines and related facilities with new underground distribution lines and related facilities Page 2 of 5 (“Infrastructure”) in the area of South Myrtle Avenue. It is understood that the Infrastructure will lie within the City limits and will extend from Cleveland Street to Court Street (4 blocks). 3. PROJECT FUNDING The City shall make payment to Duke Energy to complete the Project pursuant to a separate agreement between Duke Energy and the City. PSTA shall reimburse the City according to the following: The total cost of the Project is $671,431.56. PSTA shall contribute 25% or $167,858.00 of the total cost of the Project, with the City being responsible for the remaining 75% or $503,573.56 of the total cost of the Project. PSTA shall make its contribution to the City within thirty (30) days of the City executing a binding agreement with Duke Energy to complete the Project. The City shall provide PSTA an invoice upon execution of its binding agreement with Duke Energy to complete the Project. These funding estimates are based on the Binding Cost Estimate provided to the City by Duke Energy on February 15, 2025, attached to this Agreement as Exhibit A. If the Project’s total cost provided in the agreement between the City and Duke Energy (“Duke Agreement”) differs from the binding cost estimate, then the Parties shall amend this Agreement to reflect the final, actual cost of the Project according to the percentage of responsibility described above, provided however, that either Party may terminate this Agreement if it determines to not proceed with the Project based on the Project’s total cost provided in the Duke Agreement. If either Party terminates this Agreement for any reason, then the Parties shall share whatever expenses incurred up to the point of termination based on the percentages described above, and any remaining portion of PSTA’s deposit to the City will be reimbursed to PSTA within thirty (30) days of termination of this Agreement. 4. PROJECT MANAGEMENT The City shall coordinate with Duke Energy to enter into the Duke Agreement and any other necessary agreements, and to ensure that the Project is completed in a timely manner. The City shall keep PSTA notified of the progress of the Project throughout its duration and until completion. 5. CONSTRUCTION The Parties recognize that Duke Energy is responsible for design, construction and maintenance of the Infrastructure, in compliance with the applicable rules and regulations. Neither Party will be responsible for design, construction or maintenance of the underground electrical distribution lines and related facilities. 6. NO LIABILITY a. The City and PSTA shall be responsible for their respective officers’, officials’ and employees’ acts of negligence when such officers, officials and employees are acting within Page 3 of 5 the scope of their employment and shall only be liable for any damages resulting from said negligence to the extent provided by section 768.28, Florida Statues and under the doctrine of sovereign immunity. Nothing herein is intended to serve as a waiver of any immunity from liability that the City or PSTA may be entitled to under the doctrine of sovereign immunity or section 768.28, Florida Statutes. Nothing herein shall be construed as consent by the City or PSTA to be sued by third parties in any matter arising out of this Agreement. This paragraph shall survive termination of this Agreement. 7. TERMINATION a. In the event funds to finance the Project become unavailable, a Party may terminate its participation by providing written notification to the other Party, pursuant to Section 12 of this Agreement. Each Party shall endeavor, whenever possible and consistent with its legal obligations and principles of prudent management, to provide thirty (30) days’ written notice of termination for lack of funds. b. Neither party may terminate this Agreement either for convenience or cause, except as provided in paragraphs 3.c or 6.a above, or upon mutual agreement of the Parties. The Parties’ sole remedy for breach of this Agreement shall be to seek specific performance of the other Party’s obligations. c. If the City terminates this Agreement after PSTA has paid its contribution pursuant to Paragraph 3.c above and prior to completion of the work across PSTA’s property, the City shall refund PSTA within thirty (30) days of termination, the remaining amount of PSTA’s contribution for the portion of the work across PSTA’s property that is not completed. d. If PSTA and Duke for any reason do not enter into an indemnity agreement in a form approved by PSTA in its sole discretion, PSTA may terminate this Agreement and receive a refund of its deposit. In the event, PSTA terminates under this provision, the City shall proceed to reduce the Scope of the Project to eliminate PSTA’s portion to the extent it is legally able to do so. The City may offset PSTA’s deposit by an amount up to 25% of the costs incurred at the time of PSTA’s termination and shall provide PSTA an itemized statement of costs incurred along with the remaining deposit due within sixty (60) days. 8. FILING AND EFFECTIVE DATE PSTA shall be responsible for filing this Agreement with the Clerk of the Circuit Court of Pinellas County and this Agreement shall be effective on the date of such filing (“Effective Date”). This Agreement shall commence on the Effective Date and the provisions of the Agreement applicable to the design and construction of the Infrastructure shall terminate upon completion of construction of the Infrastructure. However, all other terms and conditions of this Agreement, including but not limited to those related to the maintenance responsibilities for the Infrastructure, and any other provisions specifically noted as surviving termination of this Agreement shall continue in effect. 9. AMENDMENTS Page 4 of 5 This Agreement may be modified or amended only by a document in writing executed by the City and PSTA with the same formality of this Agreement. 10. GOVERNING LAW The laws of the State of Florida shall govern this Agreement. 11. RELATIONSHIP OF THE PARTIES Nothing contained herein shall be deemed or construed by the Parties, nor by any third party, as creating the relationship of principal and agent or landlord and tenant or of partnership or of joint venture between the City and PSTA. 12. SEVERABILITY Should any section or portion of any section of this Agreement be rendered void, invalid or unenforceable by any court of law for any reason, such determination shall not render void, invalid or unenforceable any other section or any part of any other section of this Agreement. 13. NOTICES Unless and to the extent otherwise provided in this Agreement, all notices, demands, requests for approvals and other communications which are required to be given by one Party to another shall be in writing and shall be deemed given and delivered on the date delivered in person, upon the expiration of five (5) days following the date mailed by registered or certified mail, postage prepaid, return receipt requested, to the address provided below, or upon the date delivered by overnight courier (signature required) to the address provided below. If to PSTA: If to the City: Chief Executive Officer Director, Public Works Pinellas Suncoast Transit Authority City of Clearwater 3201 Scherer Drive 100 S. Myrtle Ave. St. Petersburg, Florida 33716 Clearwater, FL 33755 Fax: (727) 540-1913 Fax: (727) With required copy to: Alan S. Zimmet, General Counsel Bryant Miller Olive, P.A. 400 Tampa St. Suite 1600 Tampa, FL 33602 Fax: (813) 223-2705 14. FORCE MAJEURE Neither Party shall be liable for its non-performance or delayed performance under this Agreement if caused by force majeure. Force majeure shall be defined as a fire, flood, act of God, war, Page 5 of 5 terrorism, riot, national emergency, sabotage, civil disturbance, strike, labor dispute, governmental act, law, ordinance, rule or regulation, or event which are not the fault or are beyond the control of the Party. 15.NON APPROPRIATION The obligations of the City and PSTA as to any funding required pursuant to this Agreement shall be limited to an obligation in any given year to budget, appropriate and pay from legally available funds, after monies for essential City or PSTA services have been budgeted and appropriated, sufficient monies for the funding that is required during that year. Notwithstanding the foregoing, the City or PSTA shall not be prohibited from pledging any legally available non-ad valorem revenues for any obligations heretofore or hereafter incurred, which pledge shall be prior and superior to any obligation of the City or PSTA pursuant to this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above. CITY OF CLEARWATER, FLORIDA ATTEST: By:_______________________________ __________________________ Bruce Rector, as its Mayor Rosemarie Call, City Clerk (SEAL) Approved as to Form: _______________________________ Jerrod Simpson, Senior Assistant City Attorney PINELLAS SUNCOAST TRANSIT AUTHORITY By:___________________________ Chief Executive Officer ATTEST: __________________________ Rachael Cappolla, Executive Assistant Approved as to Form: ____________________________________ Alan S. Zimmet, General Counsel 4121 St Lawrence Dr New Port Richey, FL 34653 o: 727.372.5164 miriam.tucker@duke-energy.com February 15, 2025 Tara Kivett City of Clearwater 100 S Myrtle Ave Clearwater, FL 33756 RE: Binding cost estimate to underground S Myrtle Ave – New City Hall location Dear Ms. Kivett: Thank you for submitting your request to Duke Energy. The purpose of this proposal is to provide a binding cost estimate for the area you have identified. The effective date of this proposal is February 15, 2025. This cost estimate is based on current labor and material rates and is valid for 180 days (August 14, 2025). Requests beyond that period will require review and adjustments as needed. Project Scope Underground the existing Duke Energy electrical distribution facilities along S Myrtle Ave. Duke Energy to perform the work associated with this undergrounding as outlined in the forthcoming agreement. Binding Cost Estimate The binding cost estimates is: •S Myrtle Ave – Between Cleveland Ave and Court St: $ 671,431.56 Proposal Assumptions Below is a non-inclusive list of assumptions used in calculating this estimate: •All underground facilities to be located in private property easements, not in the right of way. Easements to be obtained by customer at no cost to Duke Energy. •Does not include cost to underground joint users, such as telephone and cable television. •Does not include cost for restoration of any street, right of way, easement, private property or pavement reconstruction that may be necessary as a result of the construction. This cost only includes backfilling the affected area to safe condition. •Does not include costs associated with new streetlights. •Does not include cost to replace existing meter can to accept new underground service. •Does not include any survey work that may be required to identify right of way and easements. •Duke Energy’s design does not guarantee construction feasibility in the field until a constructability review is completed. 4121 St Lawrence Dr New Port Richey, FL 34653 o: 727.372.5164 miriam.tucker@duke-energy.com Next Steps Below is a high-level list of next steps if you wish to proceed with this project. Task Responsible Party 1 Gather cost estimates from all other joint utilities (Telephone, cable television, etc.) Applicant 2 Obtain easements to install facilities and locate equipment Applicant with support from Duke Energy 3 Coordinate customer obligations and possible outages Applicant with support from Duke Energy 4 Sign and approve agreements required by Duke Energy. Provide payment to Duke Energy prior to construction start. Applicant 5 Schedule and complete conversion Duke Energy / Other utilities Enclosed is a breakdown of the facility charges per the Duke Energy Tariff for your reference. If you would like to proceed with this project, please contact me at the email address above. We appreciate your business and look forward to providing you with excellent customer service. Sincerely, Miriam Tucker Miriam Tucker Project Manager Power Grid Operations Enclosure Facility Charges per Tariff Section 12.05(2) Project Name Location Substation Date Tariff Charges a) Remaining Net Book Value -$ b) Removal Cost -$ c) Salvage Value -$ 1,110,915.57$ e) Construction Cost of Overhead (405,732.11)$ f) Cost Estimate Fee (1,756.00)$ g) Lifecycle Operations Costs (31,995.90)$ Total Charges 671,431.56$ (439,484.01)$ Total credits applied to project: * In calculating the Applicant’s Facility Charge, elements a, b, and c of the Facility Charge formula above are to be excluded from Facility Charge due from an Applicant who submits an application providing a binding notification that the Applicant intends to convert existing non-hardened overhead facilities to underground facilities. Of existing overhead facilities* d) Construction Cost of Underground Estimated construction cost of underground facilities including underground service laterals to residential customers meters or point of delivery for general service customers Estimated construction cost of overhead facilities Including overhead service drops to customers' meters Qualifying binding cost estimate fee The net present value of the lifecycle operational costs differential including storm restoration Of existing overhead facilities* City of Clearwater - City Hall Myrtle Ave - Extended scope - Cleveland to Court Clearwater 2/15/2025 Of existing overhead facilities to be removed* INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: V 5 S 3)A -1- 1 td3 cud ` 7" 7 City: L e-i''RI-eLA-le'it_ tcatJ zp: 3 3 7( 7 Telephone Number: g - 6 3v7 Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: I_.. S What is your position on the item? For Against Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-1635 Agenda Date: 3/17/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 6.6 SUBJECT/RECOMMENDATION: Authorize an increase and extension on the purchase order to Gator Grading and Paving LLC, of Palmetto, Florida, for the 2021 Roadway Resurfacing project on a unit price basis in the not-to-exceed amount of $1,500,000.00 bringing the purchase order total to $4,050,000.00 and extend by 153 Calendar days, through September 30, 2025, pursuant to Bid (ITB) 19-0045-EN and authorize the appropriate officials to execute same. SUMMARY: The City of Clearwater’s annual street resurfacing program is designed to prevent the deterioration of the asphalt road surface, maintain the integrity of the road substructure, and extend the useful lifespan of the roadways. On December 3, 2020, City Council Approved the 2021 Roadway Resurfacing contract pursuant to ITB 19-0045-EN for one year with an option for three additional one-year renewal terms on a unit price basis. On February 6, 2025, the City Manager approved an extension of 90 calendar days to the purchase order through April 30, 2025, to continue with the 5-year resurfacing plan and address damage caused by hurricanes Helene and Milton, until a new Resurfacing contract is established. This extension, as well as the extension previously approved by the City Manager, includes a price increase for the asphalt items. Asphalt line items have increased yearly due to price fluctuations associated with the petroleum industry and approved based on industry trends. The Transportation Division was able to negotiate recent price increase with the contractor who agreed to only increase the asphalt line items and keep pricing competitive with other local active awarded contracts. The Gator Grading and Paving asphalt unit price is lower (28% to 5%) than active annual resurfacing contracts with the Pinellas County and St. Pete. An additional 153 calendar day extension, through September 30, 2025, will allow continuation of repair of damage caused by Hurricanes Helene and Milton as well as complete work delayed due to hurricane activity. Public Works will advertise a new resurfacing Invitation to Bid (ITB) this summer to be place by the end of this fiscal year, by September 30, 2025. The streets scheduled for resurfacing in this contract were selected from the City’s pavement management plan, citizens' requests, and staff observations. Additionally, repairs of Clearwater Beach Parking Lots used as debris management sites after Hurricane Helene and Milton (with the exception of Lot 36/Rockway) will be performed under this contract extension. This is a unit price contract with a maximum increase of $1,500,000.00, bringing the total to $4,050,000.00 for the term ending September 30, 2025. APPROPRIATION CODE AND AMOUNT: ENRD180004-CONS-CNSTRC $1,500,000 Funding is available in capital improvement project ENRD180004, Streets and Sidewalks, to fund this contract. This project is funded annually with Road Millage (Ad Valorem Taxes) and General Fund Revenues. STRATEGIC PRIORITY: 1.2 Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts. 1.4 Foster safe and healthy communities in Clearwater through first-class public safety and emergency response services. Page 1 City of Clearwater Printed on 3/11/2025 2024 Resurfacing - 5 Year Plan Backlog Legend Clearwater Manor/Sunnydale Imperial Park Sunny Lake/Beverly Heights Tropic Hills Woodgate/Countryside 2 mi N➤➤N Image © 2025 Airbus Image © 2025 Airbus Image © 2025 Airbus Hurricane Resurfacing Legend Parking Lot Repairs Roadway Resurfacing 1 mi N➤➤NImage © 2025 Airbus Image © 2025 Airbus Image © 2025 Airbus Image © 2025 TerraMetrics Image © 2025 TerraMetrics Image © 2025 TerraMetrics ORIGINAL 2025 BID ITEMS UNIT UNIT PRICE UNIT PRICE STREETS AND SIDEWALKS 1.0 ROADWAY RESURFACING 1.01 PREPARATION, INSTALLATION AND MAINTENANCE OF PROJECT SIGNS LS 6,500.00$ 6,500.00$ 1.02 EROSION & SEDIMENT CONTROL, INLET PROTECTION SYSTEMS LS 4,500.00$ 4,500.00$ 1.03 FULL WIDTH MILLING (UP TO 2”)SY 1.95$ 2.64$ 1.04 FULL WIDTH MILLING (2” TO 4”)SY 4.66$ 4.66$ 1.05 PROFILE MILLING SY 1.50$ 1.50$ 1.05 SUPERPAVE ASPHALT CONCRETE, TYPE SP 12.5 TN 96.00$ 163.90$ 1.06 SUPERPAVE ASPHALT CONCRETE, TYPE SP 9.5 TN 98.00$ 168.51$ 1.07 PAVEMENT MARKING – CROSSWALKS EA 150.00$ 150.00$ 1.08 PAVEMENT MARKING – STOP BARS EA 200.00$ 200.00$ 1.09 PAVEMENT MARKING – SCHOOL CROSSING/RR EA 120.00$ 120.00$ 1.10 PAVEMENT MARKING – TURN, STRAIGHT, COMBO ARROWS EA 50.00$ 50.00$ 1.11 PAVEMENT MARKING – 6" DASHED (WHITE, YELLOW OR DOUBLE YELLOW)LF 0.35$ 0.35$ 1.12 PAVEMENT MARKING – 6" SOLID WHITE/ YELLOW LF 0.26$ 0.26$ 1.13 PAVEMENT MARKING – 12" SOLID WHITE/YELLOW LF 0.88$ 0.88$ 1.14 PAVEMENT MARKING – STD, WHITE, MESSAGE EA 71.00$ 71.00$ 1.15 LOOP ASSEMBLY, TYPE A, 6' X 20', F& I EA 1,650.00$ 1,650.00$ 1.16 FULL DEPTH RECLAMATION (FDR)SY 11.50$ 11.50$ 1.17 EMULSION (FDR)GAL 2.65$ 2.65$ 1.18 PORTLAND CEMENT (FDR)TN 165.00$ 165.00$ 1.19 COMPACT & GRADING (FDR)SY 15.00$ 15.00$ 1.20 CONTRACTOR RETAINS PROJECT MILLINGS (DEDUCT)Truck (15 CY)(112.00)$ (48.00)$ 3.0 AMERICANS WITH DISABILITIES ACT (A.D.A.) IMPROVEMENTS 3.01 ADA MAT ONLY (INSTALLED ON EXISTING CONCRETE)EA 355.00$ 355.00$ 3.02 ADA RAMP WITH MAT, FDOT 304, CR-E, CR-F, CR-L & City Index 109 EA 2,600.00$ 2,600.00$ 3.03 ADA RAMP W/ MODIFIED CURB EA 2,950.00$ 2,950.00$ 2.0 STORMWATER 2.01 MODIFIED CURB, R&R LF 45.00$ 45.00$ 2.02 VALLEY CURB, R&R LF 45.00$ 45.00$ 2.03 TYPE 1 CURB, R&R LF 45.00$ 45.00$ 2.04 CONCRETE SWALE CURB LF 50.00$ 50.00$ 2.05 12" STABILIZED SUBGRADE (LBR40)SY 25.00$ 25.00$ 2.06 TREE REMOVAL (12"DIA - 24" DIA)EA 1,000.00$ 1,000.00$ 2.07 TREE REMOVAL (25"DIA - 36" DIA)EA 1,500.00$ 1,500.00$ 2.08 TREE REMOVAL (GREATER THAN 36'' DIA)EA 3,000.00$ 3,000.00$ 2.09 TREE REMOVAL (PALM) EA 300.00$ 300.00$ Gator Grading & Paving, LLC 2704 105th Street East Palmetto, FL 34220 Pinellas County ADMINISTRATIVE SERVICES Joseph Lauro, Director Pinellas County Courthouse Annex Bldg., Sixth Floor, Clearwater, FL 33765 EVALUATION TABULATION ITB-C No. 23-0496-ITB-C STEP 2 FY2024-2026 COUNTYWIDE PAVEMENT PRESERVATION STEP 2 RESPONSE DEADLINE: June 22, 2023 at 3:00 pm Report Generated: Friday, September 15, 2023 SELECTED VENDOR TOTALS Vendor Total Preferred Materials $21,231,025.00 GENERAL ROADWAY General Roadway Preferred Materials Selected Pay Item No. Description Quantity Unit of Measure Unit Price Amount X 102-1076 ADVANCED ARROW WARNING PANEL 2000 DAY $2.50 $5,000.00 X 102-1099 SIGN, VARIABLE MESSAGE, 3 Lines, Temporary 2000 DAY $2.50 $5,000.00 X 102-1100 OFF DUTY LAW ENFORCEMENT OFFICER 2000 HR $7.50 $15,000.00 X 104-7 INLET PROTECTION SYSTEMS 2000 EA $20.00 $40,000.00 X 120-0036 EXCAVATION 6" Thickness or less 4000 SY $18.50 $74,000.00 X 234-1250-000 SUPERPAVE ASPHALT BASE, Type B 12.5, Variable Thickness 4000 TN $135.14 $540,560.00 X 334-2095-460 SUPERPAVE ASPHALT CONCRETE, Leveling Course, Type SP 9.5 or SP 12.5, Fine, Traffic Level C, Variable Thickness 2000 TN $168.41 $336,820.00 X 334-3095-000 SUPERPAVE ASPHALT CONCRETE, Type SP 9.5 , Fine, Traffic Level C, Variable Thickness, Arterials/Collectors 15000 TN $177.04 $2,655,600.00 EVALUATION TABULATION ITB-C No. 23-0496-ITB-C STEP 2 FY2024-2026 COUNTYWIDE PAVEMENT PRESERVATION STEP 2 EVALUATION TABULATION Invitation to Bid - Construction (ITB-C) - FY2024-2026 COUNTYWIDE PAVEMENT PRESERVATION STEP 2 Page 2 General Roadway Preferred Materials Selected Pay Item No. Description Quantity Unit of Measure Unit Price Amount X 334-3095-001 SUPERPAVE ASPHALT CONCRETE, Type SP 9.5 , Fine, Traffic Level C, Variable Thickness, Local Roads 15000 TN $176.20 $2,643,000.00 X 334-3125-000 SUPERPAVE ASPHALT CONCRETE, Type SP 12.5, Fine, Traffic Level C, Variable Thickness, Arterials/Collectors 20000 TN $175.24 $3,504,800.00 X 334-3125-001 SUPERPAVE ASPHALT CONCRETE, Type SP 12.5, Fine, Traffic Level C, Variable Thickness, Local Roads 33000 TN $173.27 $5,717,910.00 X 334-3475-000 SUPERPAVE ASPHALT CONCRETE, Type SP 4.75, Fine, Traffic, Level C, Variable Thickness 1500 TN $190.00 $285,000.00 X 340-4000 CRACK SEAL 1000 GAL $17.00 $17,000.00 X 380-3005 MILLING EXISTING ASPHALT PAVEMENT, 2" Thickness or Less, Edge Mill, Spot/Butt Milling 10000 SY $3.51 $35,100.00 X 380-3490 MILLING EXISTING ASPHALT PAVEMENT, 2" Thickness or Less,Full Width 800000 SY $2.86 $2,288,000.00 X 380-3495 MILLING EXISTING ASPHALT PAVEMENT – More than 2" Thickness to 6" Thickness, Full Width 100000 SY $3.07 $307,000.00 X 380-3505 HAULING OF MILLING MATERIAL TO THE LISTED COUNTY YARD 7500 SY $4.00 $30,000.00 X 425-825-1000 Adjust Manhole Ring & Cover to Finished Grade, In Pavement, Riser Provided by Contractor 200 EA $160.00 $32,000.00 EVALUATION TABULATION ITB-C No. 23-0496-ITB-C STEP 2 FY2024-2026 COUNTYWIDE PAVEMENT PRESERVATION STEP 2 EVALUATION TABULATION Invitation to Bid - Construction (ITB-C) - FY2024-2026 COUNTYWIDE PAVEMENT PRESERVATION STEP 2 Page 3 General Roadway Preferred Materials Selected Pay Item No. Description Quantity Unit of Measure Unit Price Amount X 425-825-1001 Adjust Manhole Ring & Cover to Finished Grade, In Pavement, Riser Provided by County 200 EA $25.00 $5,000.00 X 575-3000 SHOULDER WITH SOD, Including Top Soil 15000 SY $4.00 $60,000.00 X 575-3001 STABILIZED AGGREGATE SHOULDER 2000 CY $55.00 $110,000.00 X 630-1-122 CONDUIT, SIGNALS, F & I, Underground, 2" 200 LF $19.50 $3,900.00 X 630-1-132 CONDUIT, SIGNALS, F & I, Sawcut & Place under Existing Pavement, 2" 200 LF $36.80 $7,360.00 X 630-2-12 CONDUIT, F & I, DIRECTIONAL BORE < 6" 1000 LF $36.80 $36,800.00 X 635-1-11 PULL & JUNCTION BOXES, F & I, Pull Box 100 EA $500.00 $50,000.00 X 660-2-100 LOOP ASSEMBLY, Type A, 6' x 20', F & I 100 AS $1,470.00 $147,000.00 X 660-2-101 LOOP ASSEMBLY, Type A, 6' x 25', F & I 100 AS $1,470.00 $147,000.00 X 660-2-102 LOOP ASSEMBLY, Type B, 6' X 6', F&I 30 AS $800.00 $24,000.00 X 660-2-106 LOOP ASSEMBLY, Type F, 6' x 30', F&I 100 AS $800.00 $80,000.00 X 660-3-2 SAW CUT LEAD-INS 3000 LF $19.50 $58,500.00 X 660-3-3 CORE DRILL 2" THROUGH GUTTER FOR LOOP WINDOW, F&I, 2" SWEEP 20 AS $310.00 $6,200.00 X 660-3-4 LEAD-IN CABLE (BELDEN WIRE) 4000 LF $5.65 $22,600.00 X 705-11-1 DELINEATOR TUBULAR, FLEXIBLE 100 EA $125.00 $12,500.00 EVALUATION TABULATION ITB-C No. 23-0496-ITB-C STEP 2 FY2024-2026 COUNTYWIDE PAVEMENT PRESERVATION STEP 2 EVALUATION TABULATION Invitation to Bid - Construction (ITB-C) - FY2024-2026 COUNTYWIDE PAVEMENT PRESERVATION STEP 2 Page 4 General Roadway Preferred Materials Selected Pay Item No. Description Quantity Unit of Measure Unit Price Amount X 706-3 PAVEMENT MARKERS, RETRO-REFLECTIVE 6000 EA $4.25 $25,500.00 X 710-11-121 PAINTED PAVEMENT MARKING, STD, WHITE, SOLID, 6" 100000 LF $3.50 $350,000.00 X 710-11-122 PAINTED PAVEMENT MARKING, STD, WHITE, SOLID, 8" 500 LF $3.50 $1,750.00 X 710-11-123 PAINTED PAVEMENT MARKING, STD, WHITE, SOLID, 12" 4000 LF $3.50 $14,000.00 X 710-11-124 PAINTED PAVEMENT MARKING, STD, WHITE, SOLID, 18" 500 LF $3.50 $1,750.00 X 710-11-125 PAINTED PAVEMENT MARKING, STD, WHITE, SOLID, 24" 6000 LF $3.50 $21,000.00 X 710-11-131 PAINTED PAVEMENT MARKING, STD, WHITE, 10'-30', SKIP, 6" 20 GM $570.00 $11,400.00 X 710-11-141 PAINTED PAVEMENT MARKING, STD, WHITE, DOTTED/GUIDELINE/ 2' - 4' GAP EXTENSION 6" 200 LF $3.50 $700.00 X 710-11-151 PAINTED PAVEMENT MARKING, STD, WHITE, DOTTED/GUIDELINE/ 6-10 GAP EXTENSION 6" 2000 LF $3.50 $7,000.00 X 710-11-160 PAINTED PAVEMENT MARKING, STD, WHITE, MESSAGE 100 EA $45.00 $4,500.00 X 710-11-170 PAINTED PAVEMENT MARKING, STD, WHITE, ARROWS 300 EA $45.00 $13,500.00 X 710-11-190 PAINTED PAVEMENT MARKING, STD, WHITE, ISLAND NOSE 100 SF $5.75 $575.00 EVALUATION TABULATION ITB-C No. 23-0496-ITB-C STEP 2 FY2024-2026 COUNTYWIDE PAVEMENT PRESERVATION STEP 2 EVALUATION TABULATION Invitation to Bid - Construction (ITB-C) - FY2024-2026 COUNTYWIDE PAVEMENT PRESERVATION STEP 2 Page 5 General Roadway Preferred Materials Selected Pay Item No. Description Quantity Unit of Measure Unit Price Amount X 710-11-221 PAINTED PAVEMENT MARKING, STD, YELLOW, SOLID, 6" 100000 LF $3.50 $350,000.00 X 710-11-222 PAINTED PAVEMENT MARKING, STD, YELLOW, SOLID, 8" 500 LF $3.50 $1,750.00 X 710-11-223 PAINTED PAVEMENT MARKING, STD, YELLOW, SOLID, 12" 500 LF $3.50 $1,750.00 X 710-11-224 PAINTED PAVEMENT MARKING, STD, YELLOW, SOLID, 18" 1000 LF $3.50 $3,500.00 X 710-11-225 PAINTED PAVEMENT MARKING, STD, YELLOW, SOLID, 24" 400 LF $3.50 $1,400.00 X 710-11-231 PAINTED PAVEMENT MARKING, STD, YELLOW, SKIP, 6" 10 GM $575.00 $5,750.00 X 710-11-241 PAINTED PAVEMENT MARKING, STD, YELLOW, DOTTED/GUIDELINE/2' - 4' GAP EXTENSION 6" 200 LF $3.50 $700.00 X 710-11-251 PAINTED PAVEMENT MARKING, STD, YELLOW, DOTTED/GUIDELINE/ 6-10 GAP EXTENSION 6" 2000 LF $3.50 $7,000.00 X 710-11-290 PAINTED PAVEMENT MARKING, STD, YELLOW, ISLAND NOSE 800 SF $5.75 $4,600.00 X 710-11-421 PAINTED PAVEMENT MARKINGS, STD, BLUE, SOLID FOR PARKING LOT- ACCESSIBLE MARKINGS, 6” 500 LF $3.50 $1,750.00 EVALUATION TABULATION ITB-C No. 23-0496-ITB-C STEP 2 FY2024-2026 COUNTYWIDE PAVEMENT PRESERVATION STEP 2 EVALUATION TABULATION Invitation to Bid - Construction (ITB-C) - FY2024-2026 COUNTYWIDE PAVEMENT PRESERVATION STEP 2 Page 6 General Roadway Preferred Materials Selected Pay Item No. Description Quantity Unit of Measure Unit Price Amount X 710-11-460 PAINTED PAVEMENT MARKINGS, STD, BLUE "HANDICAPPED SYMBOL", PARKING LOT, (2.7 sf w/ no background) 50 EA $120.00 $6,000.00 X 711-17 THERMOPLASTIC, PAVEMENT MARKINGS, REMOVE 500 SF $10.00 $5,000.00 X 900-500 CONTRACTOR FIELD REVIEW 500 HR $25.00 $12,500.00 Total $20,156,025.00 UTILITIES Utilities Preferred Materials Selected Pay Item No. Description Quantity Unit of Measure Unit Price Amount X PW-331101- 309-9001 Adjust Valve Box to Finished Grade, in Pavement 200 EA $25.00 $5,000.00 X RW-333501- 310-9001 Adjust Valve Box to Finished Grade, in Pavement 200 EA $25.00 $5,000.00 X SS-333900-302- K001 Adjust Manhole Ring & Cover to Finished Grade, in Pavement, Riser Provided by Utility Owner 200 EA $100.00 $20,000.00 X SS-333900-302- K002 Adjust Manhole Ring & Cover to Finished Grade, in Pavement, Riser Provided by Contractor 200 EA $100.00 $20,000.00 Total $50,000.00 UNSPECIFIED WORK Unspecified Work Preferred Materials Selected Pay Item No. Description Quantity Unit of Measure Unit Price Amount X 999-0000 UNSPECIFIED WORK 1020000 EA $1.00 $1,020,000.00 EVALUATION TABULATION ITB-C No. 23-0496-ITB-C STEP 2 FY2024-2026 COUNTYWIDE PAVEMENT PRESERVATION STEP 2 EVALUATION TABULATION Invitation to Bid - Construction (ITB-C) - FY2024-2026 COUNTYWIDE PAVEMENT PRESERVATION STEP 2 Page 7 Unspecified Work Preferred Materials Selected Pay Item No. Description Quantity Unit of Measure Unit Price Amount X UT-999-0000 UNSPECIFIED WORK (Utilities) 5000 EA $1.00 $5,000.00 Total $1,025,000.00 B I D T A B U L A T I O N Bid No.: Project No.: Engineering & Capital Improvements Department, City of St. Petersburg, Florida Bid Date: Item Description Quantity No. Totals-->1 5,049,379.00$ 2 5,809,200.00$ Surety-5% bond --> 1 2 @ unit $ total $ @ unit $ total $ GENERAL G-1.1 MOBILIZATION 1 LS $ 201,000.00 $ 201,000.00 $ 289,660.92 $ 289,660.92 G-2.1 TEMPORARY TRAFFIC CONTROL 1 LS $ 315,000.00 $ 315,000.00 $ 276,761.23 $ 276,761.23 G-3.1 CLEARING AND GRUBBING 2,420 SY $ 60.00 $ 145,200.00 $ 55.00 $ 133,100.00 G-4.1 INLET PROTECTION SYSTEM 15 EA $ 106.00 $ 1,590.00 $ 214.87 $ 3,223.05 Subtotal: GENERAL $ 662,790.00 $ 702,745.20 ROADWAY R-5.1 CONCRETE CURB AND GUTTER, TYPE F 223 LF $ 136.00 $ 30,328.00 $ 61.00 $ 13,603.00 R-5.2 CONCRETE CURB, TYPE D 467 LF $ 106.00 $ 49,502.00 $ 64.00 $ 29,888.00 R-9.1 CONCRETE SIDEWALK AND DRIVEWAYS, 4" THICK 386 SY $ 150.00 $ 57,900.00 $ 117.00 $ 45,162.00 R-10.1 DETECTABLE WARNINGS 397 SF $ 25.00 $ 9,925.00 $ 32.00 $ 12,704.00 Subtotal: ROADWAY $ 147,655.00 $ 101,357.00 MISCELLANEOUS M-1.1 RAISED PAVEMENT MARKER (RPM)815 EA $ 6.50 $ 5,297.50 $ 6.00 $ 4,890.00 M-2.1 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 6"10,682 LF $ 0.40 $ 4,272.80 $ 0.30 $ 3,204.60 M-2.2 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID FOR CROSSWALK AND ROUNDABOUT, 12"2,521 LF $ 1.15 $ 2,899.15 $ 1.00 $ 2,521.00 M-2.3 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID FOR STOP LINE OR CROSSWALK, 24"2,516 LF $ 2.50 $ 6,290.00 $ 3.00 $ 7,548.00 M-2.4 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SKIP, 10-30 OR 3-9 SKIP, 6" WIDE 438 LF $ 0.30 $ 131.40 $ 0.25 $ 109.50 M-2.5 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, 2-2 DOTTED EXTENSION LINE FOR ROUNDABOUT, 12"55 LF $ 1.15 $ 63.25 $ 1.00 $ 55.00 M-2.6 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, MESSAGE OR SYMBOL 2 EA $ 71.50 $ 143.00 $ 200.00 $ 400.00 M-2.7 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, ARROWS 24 EA $ 41.50 $ 996.00 $ 50.00 $ 1,200.00 M-2.8 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, YIELD LINE 37 LF $ 6.00 $ 222.00 $ 5.00 $ 185.00 M-2.9 PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, SOLID, 6"20,640 LF $ 0.40 $ 8,256.00 $ 0.30 $ 6,192.00 M-2.10 PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, SOLID FOR DIAGONAL OR CHEVRON, 18"823 LF $ 2.50 $ 2,057.50 $ 2.00 $ 1,646.00 September 11, 2023 Citywide Annual Resurfacing FY23 IFB: 8714,2 23003-130 Ajax Paving Industries of Florida, LLC Preferred Materials Inc * Award Pending This tabulation is a compilation of bid prices and a mathematical check of bid totals. The tabulation does not imply that the bid is in conformance with the City's requirements for a responsive bid.1 OF 3 B I D T A B U L A T I O N Bid No.: Project No.: Engineering & Capital Improvements Department, City of St. Petersburg, Florida Bid Date: Item Description Quantity No. Totals-->1 5,049,379.00$ 2 5,809,200.00$ Surety-5% bond --> September 11, 2023 Citywide Annual Resurfacing FY23 IFB: 8714,2 23003-130 Ajax Paving Industries of Florida, LLC Preferred Materials Inc * M-3.1 THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" FOR STOP LINE AND CROSSWALK 3,291 LF $ 6.00 $ 19,746.00 $ 6.00 $ 19,746.00 M-3.2 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" FOR STOP LINE AND CROSSWALK 1,095 LF $ 9.50 $ 10,402.50 $ 10.00 $ 10,950.00 M-3.3 THERMOPLASTIC, STANDARD, WHITE, 2-2 DOTTED EXTENSION LINE, 12" FOR ROUNDABOUT 43 LF $ 1.15 $ 49.45 $ 1.00 $ 43.00 M-3.4 THERMOPLASTIC, STANDARD, WHITE, MESSAGE OR SYMBOL 104 EA $ 238.00 $ 24,752.00 $ 250.00 $ 26,000.00 M-3.5 THERMOPLASTIC, STANDARD, WHITE, ARROW 41 EA $ 89.50 $ 3,669.50 $ 100.00 $ 4,100.00 M-3.6 THERMOPLASTIC, STANDARD, WHITE, YIELD LINE 57 LF $ 36.00 $ 2,052.00 $ 30.00 $ 1,710.00 M-3.7 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 18" FOR DIAGONAL OR CHEVRON 933 LF $ 7.00 $ 6,531.00 $ 6.00 $ 5,598.00 M-3.8 THERMOPLASTIC, STANDARD, YELLOW, 2-4 DOTTED GUIDELINE/ 6-10 GAP EXTENSION, 6"140 LF $ 1.15 $ 161.00 $ 1.00 $ 140.00 M-3.9 THERMOPLASTIC, STANDARD-OPEN GRADED ASPHALT SURFACES WHITE, SOLID, 6"13,322 LF $ 1.75 $ 23,313.50 $ 1.50 $ 19,983.00 M-3.10 THERMOPLASTIC, STANDARD-OPEN GRADED ASPHALT SURFACES, WHITE, SKIP, 6",10-30 SKIP OR 3-9 LANE DROP 440 LF $ 1.15 $ 506.00 $ 1.00 $ 440.00 M-3.11 THERMOPLASTIC, STANDARD-OPEN GRADED ASPHALT SURFACES, YELLOW, SOLID, 6"21,960 LF $ 1.75 $ 38,430.00 $ 1.50 $ 32,940.00 M-3.12 THERMOPLASTIC, PREFORMED, WHITE, SOLID, 24" FOR CROSSWALK 1,961 LF $ 21.50 $ 42,161.50 $ 19.00 $ 37,259.00 M-3.13 THERMOPLASTIC, STANDARD, WHITE, SOLID, 18" FOR DIAGONALS AND CHEVRONS 410 LF $ 7.00 $ 2,870.00 $ 6.50 $ 2,665.00 M-3.14 THERMOPLASTIC, STANDARD, WHITE, SKIP, 12"- APPROACH TO TOLL PLAZA OR 3-9 LANE DROP 50 LF $ 6.00 $ 300.00 $ 5.30 $ 265.00 M-3.15 THERMOPLASTIC, STANDARD, WHITE, 2-4 DOTTED GUIDELINE/ 6-10 GAP EXTENSION, 6"2,050 LF $ 1.15 $ 2,357.50 $ 1.05 $ 2,152.50 M-4.1 SINGLE POST SIGN, F & I GROUND MOUNT, UP T0 12 SF 83 AS $ 715.00 $ 59,345.00 $ 650.00 $ 53,950.00 M-5.1 SINGLE POST SIGN, REMOVE 14 AS $ 298.00 $ 4,172.00 $ 50.00 $ 700.00 M-6.1 HANDRAIL, ALUMINUM 17 LF $ 298.00 $ 5,066.00 $ 255.00 $ 4,335.00 M-7.1 DELINEATOR, FLEXIBLE TUBULAR, HIGH PERFORMANCE 34 EA $ 298.00 $ 10,132.00 $ 264.00 $ 8,976.00 M-13.1 ALLOWANCE FOR CONTRACT AMENDMENT − $ 100,000.00 $ 100,000.00 M-14.1 GREEN COLORED PAVEMENT MARKINGS, BIKE LANE (MMA)4,370 SF $ 18.00 $ 78,660.00 $ 16.00 $ 69,920.00 Subtotal: MISCELLANEOUS $ 465,305.55 $ 429,823.60 Award Pending This tabulation is a compilation of bid prices and a mathematical check of bid totals. The tabulation does not imply that the bid is in conformance with the City's requirements for a responsive bid.2 OF 3 B I D T A B U L A T I O N Bid No.: Project No.: Engineering & Capital Improvements Department, City of St. Petersburg, Florida Bid Date: Item Description Quantity No. Totals-->1 5,049,379.00$ 2 5,809,200.00$ Surety-5% bond --> September 11, 2023 Citywide Annual Resurfacing FY23 IFB: 8714,2 23003-130 Ajax Paving Industries of Florida, LLC Preferred Materials Inc * SURFACE RESTORATION C-8.1 SODDING AND SEEDING 1,080 SF $ 3.75 $ 4,050.00 $ 5.50 $ 5,940.00 Subtotal: SODDING AND SEEDING $ 4,050.00 $ 5,940.00 RESURFACING $ 4,050.00 N-1.1 ASPHALTIC CONCRETE ARTERIAL/COLLECTOR ROADWAY, FDOT TYPE SP-12.5 (25% RAP)2,100 TON $ 210.00 $ 441,000.00 $ 217.00 $ 455,700.00 N-1.2 ASPHALTIC CONCRETE RESIDENTIAL ROADWAY, FDOT TYPE SP-9.5 (25% RAP)11,621 TON $ 190.00 $ 2,207,990.00 $ 245.00 $ 2,847,145.00 N-1.3 ASPHALTIC CONCRETE ALLEY, FDOT TYPE SP-9.5 (25% RAP)745 TON $ 304.00 $ 226,480.00 $ 377.00 $ 280,865.00 N-1.4 ASPHALTIC CONCRETE, FDOT TYPE SP-12.5, PG 76-22 (PMA) (0% RAP) - FOR USE ON RACE TRACK ONLY 175 TON $ 381.00 $ 66,675.00 $ 353.00 $ 61,775.00 N-3.1 COLD MILLING – FULL WIDTH 228,847 SY $ 3.35 $ 766,637.45 $ 3.60 $ 823,849.20 N-3.2 COLD MILLING – CURB EDGE 10,000 SY $ 4.50 $ 45,000.00 $ 4.25 $ 42,500.00 N-4.1 ADJUST MANHOLE COVER 10 EA $ 249.00 $ 2,490.00 $ 2,500.00 $ 25,000.00 N-4.2 ADJUST WATER VALVE BOXES 20 EA $ 122.00 $ 2,440.00 $ 100.00 $ 2,000.00 N-5.1 RESTORE VEHICLE DETECTOR LOOPS - TYPE A 2 AS $ 1,004.00 $ 2,008.00 $ 6,000.00 $ 12,000.00 N-5.2 RESTORE VEHICLE DETECTOR LOOPS - TYPE F 2 AS $ 2,429.00 $ 4,858.00 $ 6,000.00 $ 12,000.00 N-5.3 RESTORE DETECTOR LOOP - LEAD CABLE 1,000 LF $ 4.00 $ 4,000.00 $ 6.50 $ 6,500.00 Subtotal: RESURFACING $ 3,769,578.45 $ 4,569,334.20 $ 662,790.00 $ 702,745.20 $ 147,655.00 $ 101,357.00 $ 465,305.55 $ 429,823.60 $ 4,050.00 $ 5,940.00 $ 3,769,578.45 $ 4,569,334.20 $ 5,049,379.00 $ 5,809,200.00 * Non-responsive Total: Subtotal: GENERAL Subtotal: ROADWAY Subtotal: MISCELLANEOUS Subtotal: SODDING AND SEEDING Subtotal: RESURFACING BID TABULATION SUMMARY Award Pending This tabulation is a compilation of bid prices and a mathematical check of bid totals. The tabulation does not imply that the bid is in conformance with the City's requirements for a responsive bid.3 OF 3 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0185 Agenda Date: 3/17/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.7 SUBJECT/RECOMMENDATION: Approve a Contract for the Purchase of Real Property located on the Stevenson Creek Shoreline, also known as Parcel Identification Number 10-29-15-00000-120-0100, by the City of Clearwater from current owners, Kumar Kakarlapudi and Prerana Kamalakar Vaidya at the purchase price of $35,000.00 plus anticipated closing costs of up to $3,500 for a total expenditure not to exceed $38,500.00, and authorize the appropriate officials to execute same. SUMMARY: Said parcels as noted above are adjacent to Stevenson Creek consisting of approximately 2.3 acres (100,188 square feet) with over 850 feet of unobstructed waterfront. This lot is vegetated wetland and provides a buffer between Stevenson Creek and the adjacent residential properties to the north. The purchase of this property will complement adjacent park parcels to the northwest. There are no existing plans to develop the property as the main purpose for purchasing the property is to set aside and preserve these wetlands from future development and intrusion into the Stevenson Creek Watershed Basin. This property will provide unobstructed access to the creek from adjacent park property to the northwest. An initial appraisal of the lot was completed on December 23, 2024, yielding a market value of $18,300.00 dollars. Mr. Robert J. Kasmer, the City of Clearwater Real Estate Service Coordinator by virtue of his Florida Broker Licensure, performed a “Brokers Price Opinion” on said parcel. His opinion is based upon the review of like kind property to reconfirm its justifiable valuation. This value is not intended to replace an Appraisal, but only to present a different perspective of market value. Mr. Kasmer thoroughly evaluated similar parcels and offered an estimation of current market price to be $35,700.00 dollars. Funding for this purchase is coming from the Open Space/Recreation Facility Special Development Fund. It’s important to note that these funds may only be used for park land purchases. The purchase of this property will allow the city to utilize funds in a timely manner to purchase park property according to the Open Space Recreation Facility Land Ordinance under which these funds were collected and to which the use of such funds are still bound. The purchase of this land is supported by numerous provisions of the City’s Comprehensive Plan found in the “Conservation & Coastal Management” and “Parks and Public Places” elements as well as the Community Development Code. City staff, including environmental staff, have reviewed and recommend approval of this purchase. APPROPRIATION CODE AND AMOUNT: Funds are available in Special Development Fund for this purchase.  A first quarter budget amendment will transfer up to $38,500.00 of Open Space impact fees from the Special Development Fund into project Page 1 City of Clearwater Printed on 3/11/2025 File Number: ID#25-0185 315-93133 Park Land Acquisition. USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: Approval of this parkland purchase supports several Strategic Plan Objectives, including: ·1.2: Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts. ·1.3: Adopt responsive levels of service for public facilities and amenities, and identify resources required to sustain that level of service. ·1.5: Embrace a culture of innovation that drives continuous improvement and successfully serves all our customers. ·2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events. ·3.1: Support neighborhood identity through services and programs that empower community pride and belonging. ·4.1: Support proactive climate resiliency strategies based in science to protect natural and built environments from impacts associated with sea level rise. ·4.3: Protect the conservation of urban forests and public green spaces to promote biodiversity and reduce our carbon footprint. Page 2 City of Clearwater Printed on 3/11/2025 APPRAISAL REPORT STEVENSON CREEK SHORELINE PARCEL STEVENSON DRIVE OFF NORTH BETTY LANE CLEARWATER, FLORIDA DATE OF VALUE DECEMBER 3, 2024 PREPARED FOR: MR. ROBERT KASMER REAL ESTATE SERVICES COORDINATOR CITY OF CLEARWATER ENGINEERING DEPARTMENT 110 S. MYRTLE AVENUE, SUITE 220 CLEARWATER, FLORIDA 33756 SENT VIA E-MAIL: ROBERT.KASMER@MYCLEARWATER.COM PREPARED BY: JAMES M. MILLSPAUGH, MAI JAMES MILLSPAUGH & ASSOCIATES, INC. 110 TURNER STREET CLEARWATER, FL 33756-5211 JAMES MILLSPAUGH & ASSOCIATES, INC. REAL ESTATE APPRAISERS & CONSULTANTS LICENSED REAL ESTATE BROKER 110 TURNER STREET, CLEARWATER, FLORIDA 33756-5211 PHONE: (727) 461- 2648 FAX: 442-8922 E-MAIL: jim@millspaugh-appraisals.com | WEBSITE: www.millspaugh-appraisals.com December 18, 2024 Mr. Robert Kasmer Real Estate Services Coordinator City Of Clearwater Engineering Department 110 S. Myrtle Avenue, Suite 220 Clearwater, Florida 33756 Sent Via E-Mail: robert.kasmer@myclearwater.com Re: Appraisal Services Stevenson Creek Shoreline Parcel Stevenson Drive off North Betty Lane Clearwater, Florida Dear Mr. Kasmer: At your request, I have made an appraisal of the fee simple estate of the above-referenced real property only and subject to the wetland characteristics that are typically granted via a quitclaim deed. The property and methods utilized in arriving at the final value estimate are fully described in the attached report, which contains 21 pages and Addenda. This Appraisal Report has been made in conformance with and is subject to the requirements of the Code of Professional Ethics and Uniform Standards of Professional Practice (USPAP) of the Appraisal Institute and the Appraisal Foundation. The Appraisal Report and final value estimate are subject to all attached Contingent and Limiting Conditions. I have made a careful and detailed analysis of the subject property and after analyzing the market data researched for this report, I estimate that the market value of the referenced real property only as of December 3, 2024, was: EIGHTEEN THOUSAND THREE HUNDRED DOLLARS ($18,300) Respectfully submitted, JAMES MILLSPAUGH & ASSOCIATES, INC. ____________________________ James M. Millspaugh, MAI JMM:sg JAMES M. MILLSPAUGH, MAI State-Certified General Real Estate Appraiser RZ58 TABLE OF CONTENTS INTRODUCTION Title Page Letter of Transmittal Table of Contents Site Photographs DESCRIPTIONS, ANALYSES AND CONCLUSIONS Identification of the Property 1 Census Tract Location/Zip Code 1 Flood Zone Location 1 Environmental Audit Data 1 Objective and Intended Use/Users of the Appraisal 1 Exposure Period Estimate/Statement Of Ownership and Recent Sales History 2 Scope of the Appraisal 2 Definition of Market Value 3 Standard Contingent and Limiting Conditions 3 Certification 6 Area Description 7 Site Data 7 Assessment and Tax Data 10 Zoning and Land Use Data 10 Minimum Standard Development 10 Flexible Standard Development 10 Highest and Best Use 11 Land Value Estimate 11 Land Sales Analysis and Conclusions 20 ADDENDA Qualifications of the Appraiser Standard Definitions Survey Flood Map Recorded Plat EXISTING CONDITIONS STEVENSON CREEK SHORELINE PARCEL STEVENSON DRIVE OFF NORTH BETTY LANE CLEARWATER, FLORIDA DATE OF PHOTOGRAPHS: DECEMBER 3, 2024 CREEK VIEW NEAR LOTS 11-13 UPLAND VIEW NEAR LOTS 11-13 EXISTING CONDITIONS STEVENSON CREEK SHORELINE PARCEL STEVENSON DRIVE OFF NORTH BETTY LANE CLEARWATER, FLORIDA DATE OF PHOTOGRAPHS: DECEMBER 3, 2024 STEVENSON DRIVE STREET SCENE LOOKING NORTH NEAR LOTS 22-24 BACK VIEW LOTS 17-18 FROM WESTERN CREEK SHORELINE IDENTIFICATION OF THE PROPERTY: The subject parcel fronts the eastern bank of Stevenson’s Creek backing up to the Stevenson Drive residential lots. It is legally described in brief as Metes and Bounds Parcel #12/01 located in the NW/4 of the NE/4 of Section 10, Township 29 South, Range 15 East, as backing up to Lots 11-15 and 20-24, both inclusive Block A, Stephenson’s Heights Subdivision recorded in Plat Book 34, Page 13. CENSUS TRACT LOCATION/ZIP CODE: #263/33759 FLOOD ZONE LOCATION: Pinellas County, Florida Map #12103C0106J Effective Date: August 24, 2021 The subject shoreline and lots east of Stevenson’s Creek are in an AE special flood hazard area where finished floor areas must be above 9’. Per a recent 2023 Swiftmud Contour Map, the shoreline is noted at 5’-7’ while the Stephenson Drive roadway is noted at 11 ‘. ENVIRONMENTAL AUDIT DATA: The Appraisal has been performed without the benefit of an environmental audit and presumes that no problems exist, however, I reserve the right to review and/or alter the value reported herein should a subsequent audit reveal problems. The land across the creek is improved with the Marshall Street sewerage treatment plant which would likely result in having at a minimum a level one environmental audit by most potential buyers. Further, the next north property to Lot 11 had been an auto salvage yard before being developed with a City fire station with that parcel noted at a 20’ elevation that drains to the south and west toward Stevenson’s Creek. OBJECTIVE AND INTENDED USE/USERS OF THE APPRAISAL REPORT: The objective of the appraisal report is to estimate the current market value of the fee simple estate and subject to the wetland characteristics that are typically granted via a quitclaim deed of the subject vacant acreage as of December 3, 2024 (Date of inspection and photographs). It is my understanding that the intended use of the report is to guide the City of Clearwater in this attempt to acquire the subject and that the City and its representatives are the only intended users and no others. 2 EXPOSURE PERIOD ESTIMATE/STATEMENT OF OWNERSHIP AND RECENT SALES HISTORY: This is the past period of time required to have sold the subject property at my value estimate as of the appraisal date. The wetland frontage has been transferred on Lots 16-19 inclusive Block A dating back to 1989 by my records search with these extending to 2017. Subsequently, the David Jaye/Clearwater Car Wash, LLC., ownership commissioned the boundary survey in 2020 attached and the current owner Kumar Kakarlabudi acquired the wetland parcels of Lots 11-15 and 20-24 at a reported $30,000 transaction with a $24,000 PMM satisfied per Mr. Kakarlabudi by quitclaim deed in March 2023 recorded at O. R. Book 21461, Page 2366. Given this history of sale to 3rd parties, the exposure period would be in multiple years subject to demand from the upland owners. In reality, Lots 11-13 have the benefit of a sand waterfront suitable for canoes/kayaks but no structured dock. As such, it is not evident after multiple decades that a demand exists for the remaining 10 waterfront parcels, while they likely have some marketable value as discussed below in the Highest And Best Use and Land Value Estimate sections of the report. SCOPE OF THE APPRAISAL: The extent of my research effort has included data from the Pinellas Clerk’s and Property Appraiser’s files, local MLS data, and my work files dating back to 1980. The unique nature of the subject land is seldom sold but examples exist around Pinellas County over the past multiple decades when this class of wetland transactions changed marginally, if at all, due to the unique circumstances. The report will include a Land Sales Comparison Approach which is the only viable option for valuing vacant wetlands and land in general. 3 1DEFINITION OF MARKET VALUE: The most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in the definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) Buyer and seller are typically motivated; (2) Both parties are well informed or well advised, and acting in what they consider their own best interests; (3) A reasonable time is allowed for exposure in the open market; (4) Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. ------------------------------------------- 1 Federal Deposit Insurance Corporation, 12 CFR, Part 323, RIN 3064-AB05, August 20, 1990, Section 323.2, Definitions STANDARD CONTINGENT AND LIMITING CONDITIONS: This Appraisal is subject to the following limiting conditions and contingencies: This Appraisal Report in no way represents a guaranty or warranty of estimated market value as reported herein. The Appraisal Report represents the opinion of the undersigned as to "one figure" based upon the data and its analysis contained herein. 4 The legal description furnished is assumed to be correct and unless otherwise noted, no survey or title search has been made. No responsibility is assumed by the Appraiser(s) for these or any matters of a legal nature and no opinion of the title has been rendered. The property is appraised as though under responsible ownership and management. The Appraiser(s) believe(s) that information contained herein to be reliable, but assume(s) no responsibility for its reliability. The Appraiser(s) assume(s) there are no hidden or unapparent conditions of the property, subsoil, or structure which would affect the value estimate. Unless otherwise noted, the Appraiser(s) has not commissioned termite or structural inspection reports on any improvements nor subsoil tests on the land. The attached photos, maps, drawings, and other exhibits in this report are intended to assist the reader in visualizing the property and have been prepared by the Appraiser(s) or his staff. These exhibits in no way are official representations/surveys of the subject property. Any distribution of the total valuation in this report between land and improvements applies only under the existing program of utilization. Separate valuations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. In this appraisal assignment, the existence of potentially hazardous material used in the construction or maintenance of the building, such as the presence of urea-formaldehyde foam insulation, and/or the existence of toxic waste, which may or may not be present on the property, was not observed by the Appraiser; nor does he/she have any knowledge of the existence of such materials on or in the property. The Appraiser, however, is not qualified to detect such substances. The existence of urea-formaldehyde insulation or other potentially hazardous waste material may have an effect on the value of the property. The Appraiser urges the client to retain an expert in the field if desired. The Appraiser(s) will not be required to appear in court unless previously arranged. The Appraiser's duties pursuant to his employment to make the Appraisal are complete upon delivery and acceptance of the Appraisal Report. 5 Possession of this report or copy thereof does not carry the right of publication. Neither all nor any part of the contents of this report (especially any; conclusions as to value, the identity of the Appraiser(s), or the firm with which he is connected, or any reference to the Appraisal Institute or to the MAI or SRA designation) shall be disseminated to the public through advertising media, public relations media, news media, sales media, or any other public means of communication without the prior written consent and approval of the undersigned. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. The Appraiser(s) has (have) not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the Appraiser(s) has (had) no direct evidence relating to this issue, the Appraiser(s) did not consider possible noncompliance with the requirements of ADA in estimating the value of the property. 6 CERTIFICATION The undersigned does hereby certify that, except as otherwise noted in this appraisal report: 1. As of the date of this report, I, James M. Millspaugh, have completed the requirements under the continuing education program of the Appraisal Institute. 2. I have personally inspected the subject property and have considered all factors affecting the value thereof, and to the best of my knowledge and belief, the statements of fact contained in this appraisal report, upon which the analyses, opinions and conclusions expressed herein are based, are true and correct, subject to all attached Contingent and Limiting Conditions. 3. I have no present or contemplated future interest in the real estate that is the subject of this appraisal report. 4. I have no personal interest or bias with respect to the subject matter of this appraisal report or the parties involved. 5. My fee for this appraisal report is in no way contingent upon my findings. The undersigned further certifies that employment for this appraisal assignment was not based on a requested minimum valuation or an approval of a loan. 6. This appraisal report sets forth all of the limiting conditions (imposed by the terms of my assignment or by the undersigned) affecting the analyses, opinions, and conclusions contained in this report. 7. This appraisal report has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and Uniform Standards of Professional Practice of the Appraisal Institute and the Appraisal Foundation and may be subject to peer review. Further, I have met USPAP's competency provision and am capable of completing this appraisal assignment. 8. No one other than the undersigned prepared the analyses, conclusions, and opinions concerning the real estate that are set forth in this appraisal report. 9. In my opinion, the estimated market value of the fee simple estate of the subject real property only and subject to the wetland characteristics that are typically granted via a quitclaim deed as of December 3, 2024, was: EIGHTEEN THOUSAND THREE HUNDRED DOLLARS ($18,300) ____________________________________ James M. Millspaugh, MAI State-Certified General Real Estate Appraiser 0000058 7 AREA DESCRIPTION: This is an older moderately-valued single-family residential district where the typical residence dates back before 1970 and is 1,000-1,500 SF in size with one-car garages located on small tract-sized lots. Residential services are available but not typically nearby, while public schools and municipal services here are representative of the entire county. A proximate negative is the Marshall Street sewerage treatment plant and lighted ball field located directly across from the subject subdivision that drains treated effluent into Stevenson’s Creek and nearby Clearwater Harbor. That major facility is ultimately scheduled to close and shift the outfall to near Countryside at SR #580 and McMullen-Booth Road. That shift is expected to add to the area’s desirability that has also benefited from the popularity of downtown Dunedin and the re-purposing of eastern sections of downtown Clearwater along Cleveland Street and Gulf To Bay Boulevard. As such, the longer-term foreseeable future here is more promising than in past decades and in spite of the low clearance fixed bridges that restrict sailboats, small outboards, canoes, and kayaks that are popular for most demographic groups that have good access here. The passing of the COVID-19 pandemic and major population shifts from northern and mid-western climes have also reinvigorated this specific area where retail housing prices have escalated during the past five years. After a review of the area’s promise, the subject location here represents a positive value benefit for the long-term foreseeable future. SITE DATA: The subject is highly irregular in shape, as it conforms to Stevenson’s Creek shoreline and Block A of Stevenson's Heights Subdivision. The lots impacted are 11-24 inclusive with lots 16-19 inclusive being excluded as these owners own the wetland areas extending to the shoreline. A survey had been made by a Target Engineering during 2020 labeled as Survey #303194. This attached layout did not allocate the total ownership to upland versus wetland areas nor did it reflect that gross land area. As such, the Property Appraiser data notes a 1.38 Acre triangular site adjacent to Lots 11-13 plus narrow shoreline sections of Lots 14, 15, and 20- 24 with a total land area of 2.44 acres of which two acres were wetlands. My review of the best available public maps including the 1972 Pinellas County Soil Survey, the recorded Subdivision Plat, the 2023 Swiftmud Aerial Contour Map, and County Plat Maps appear to support the Property Appraiser subject size. Further, my measurement from the Target survey includes 8 9 roughly 5,050 SF of upland for the southern section behind Lots 20-24, and 13,550 SF for the northern Lots 11-15 or 18,600 SF/.427 acres total as compared to .44 acres for the Property Appraiser. As such, I will utilize the Property Appraiser figure as the most reliable site size. From a historical perspective, the recorded plat extended the Block A lots to the water’s edge that have apparently increased the noted wetland areas. Per the Swiftmud Contour Map, Stephenson’s Drive roadway has an 11’ elevation with wetland areas at 7’ near the north and 5’ at the south. The lands to the north have elevations in the 18’-20’ range (fire station) and 22’ on N. Betty Lane dropping to 7’ at the creek. Another significant size here is the width of Stevensons Creek that, per available aerials, appears to range from 40’-50’ and narrows to the south with the Pinellas County Water and Navigation Board allowing docks to extend a maximum of 25% of the navigable channel off the shoreline. Further, the Board confirms that mangroves can be trimmed to allow dock construction as witnessed by the seawall/docks on Lots 17-18. The northern Lots 11-13 section has the largest upland areas plus a small central sand beach section all along the creek that is suitable for launching canoes, kayaks, and potentially small outboards with no permanent dock. This section of the subject is adjacent to Clearwater acreage at the fire station that slopes from the 18’-20’ range to 7’ on the subject acreage. This section then could be utilized to access the creek from the vacant western section of the fire station parcel which has a tidal marsh area that would typically prevent access to the creek. This feature then adds another potential use for the northern section of the subject parcel. Stevenson’s Creek is tidal-influenced from US Alternate 19 to near N. Betty Lane while the balance extending to south of Court Street is a major drainage basin for storm control that requires periodic dredging. Nearby Spring Branch is another drainage basin connecting to Stevenson’s Creek Harbor south of Sunset Point Road where tidal influence extends beyond Douglas Avenue. These tidal-influenced creeks then have a value premium for small boat, canoe, and kayak access like the subject area south of Fairmount but they are less in demand/value than the noted harbor. 10 ASSESSMENT AND TAX DATA: Pinellas County Parcel # 2024 Assessment 2024 Gross Tax 1-29-15-00000-120-0100 $ 35,660 $675.69 If paid early: $648.66 ZONING AND LAND USE DATA: The site is zoned P for Preservation with the same Land Use Plan description. The zoning allows Environmental Parks and Marinas. MINIMUM STANDARD DEVELOPMENT: Requires a .1 FAR (Floor Area Ratio) and .2 ISR (Impervious Surface Ratio) plus one parking space per 40,000 SF. FLEXIBLE STANDARD DEVELOPMENT: Minimum lot size of 10,000 SF/100’ width for Marinas plus setbacks of 25’ front, 10’ side, 15’ rear plus a 30 ‘height and parking at one space per two slips. It is not evident that the irregular shape and small size would allow either use for the subject ownership while as an addition to the north adjacent Clearwater-owned acreage, the park concept appears realistic while the marina does not. The wetland areas offer frontage to the upland lots and boat slip use by the adjacent owners. Four lots (16-20) have wetland ownership and support two docks/seawalls while the other two remain in their original form with no apparent permanent improvements. 11 HIGHEST AND BEST USE: (Defined in the Addenda) After a thorough site and area inspection per public maps, roadways and creeks it is evident that the individual use for dock ownership has been minimal to date and plus many lots have practical access and shoreline use per non-permanent improvements. In reality then, purchasing the wetlands for docks appears highly unlikely as it currently exists for most of the adjacent lot owners with a potential Adverse Possession legal action to control these areas west of the platted lot lines. Had the creek been a wide waterway similar to the section north of Fairmont Street and had the sewerage treatment plant and lighted ball fields not existed then more wetland sales would have been more likely. As it stands now, however, the most likely buyer/user is the City of Clearwater to create water access to their adjacent acreage. When the sewerage treatment plant is ultimately removed and more attractive public uses are developed there, then a more favorable setting would increase the existing value of the north segment where the creek is wider. The southern group of lots are mostly used currently and the creek narrows there and will likely continue to be negatively impacted by the lighted ball fields. As such, the value of the small strip of partial upland and wetlands only has a nominal value for the southern Lots 20-24. LAND VALUE ESTIMATE: This is the only realistic approach for valuing the total acreage. The following sale examples are the best known to me and include a mixture of wetland and usable uplands. The subject includes .44 Acres uplands with roughly 1/3 south and 2/3 north and the balance is comprised of wetlands. 12 13 LAND SALE #1 Location: Seaward into the Mandalay Channel of Clearwater Harbor east of Bay Esplanade, Clearwater Beach Legal Description: Part of Section 5 & 8, Township 29 South, Range 15 East Date of Sale: September, 2005 Sales Price: No Consideration Size: 33.63 acres MOL Overall Price PA: $19,873 Average Grantor/Grantee: Charles F. Barber, Trustee/BayEsplanade.com LLC Recording Data: O.R. Book 14614, Page 2319 Plus corrective deed at Book 15290, Page 2319 Sale Confirmed With: P. Borgh, Grantor Rep. Zoning: P, Preservation Comments: This submerged parcel remnant was the last segment of the original developer’s ownership upon which Island Estates was developed. It was purchased in this Quitclaim Deed transaction by an adjacent owner/investor residing on Bay Esplanade in Mandalay Subdivision on Clearwater Beach where the sea-walled lots abutted this property. He subsequently sold segments of the bay bottom to other landowners for their use in developing private docks on this very popular and active boating channel. While the State of Florida leases are routinely available to private owners for this purpose, owned sites similar to these have no annual rental payments. As of early, 2009 roughly ten parcels had been sold in a $.27 to $.33 PSF price range and comprising roughly 5.5 acres while as of summer 2021, 11 total sales compromising 7.08 acres had transpired with the remaining 26.93 Acres unsold. The price paid ranged from $. 02-$1.50 PSF with an average of $0.468 SF or $19,873 PA. 14 LAND SALE #2 Location: East of Portsmouth Road in Allen’s Creek Legal Description: Part of Lot 23, Pinellas Groves Subdivision, Plat Book 1, Page 55 Date of Sale: December 2011 Sales Price: $30,000 Size: 2.74 Acres gross including 1.76A usable uplands Overall Price PA: $10,949 Grantor/Grantee: T. J. Maas, trustee/C.V. Gagnon Recording Data: O.R. Book, 17447, Page 2661 Sale Confirmed With: C.V. Gagnon, Grantee Zoning: AE, Preservation Comments: Isolated upland adjacent to 1743 Portsmouth Road acreage to be developed with the Inspire Equine therapy facility. This parcel was adjacent to the future riding area and had been owned by a residential estate owner across the creek in the Kent Plance estates. The site was listed at $175,000 and sold in conjunction with the 1743 Portsmouth Road parcel. 15 LAND SALE #3 Location: 1722 N. Pinellas Avenue, Tarpon Springs Legal Description: NE Corner of Old Dixie and N. Pinellas Avenue, tracts A, B, C, D and F Old Dixie Park, Plat Book 124, Pages 94-98 together with Lots 1-3, Lots Tract E of Old Dixie Park, Plat Book 130, Page 100 Date of Sale: December, 2015 Sales Price: $125,000 Size: 2.01 Uplands; Balance of 19.4 Acres in Wetlands/Conservation Easement (CE) Overa Price PA: $5,838 Grantor/Grantee: Meridian Land Co., LLC./Paige E. Konger Recording Data: O.R. Book 19014, Page 0744 Sale Confirmed With: P. Konger, Grantee. Zoning: GB on Usable; LC – Land Conservation on balance in Tarpon Springs Comments: The major commercial portion of the site has a narrow half-moon shape with 86.8’ of Pinellas Avenue frontage, an eastern depth of 803.9’ and roughly 125’ at its widest point plus there are three small lots fronting Old Dixie Highway that are also zoned GB with 190’ x 156’ dimensions. The parcels border the CE to the south and west with the lands to the east being improved mostly with single-family. The CE area is primarily upland wetland marsh overgrown with natural brush/trees. The CE was created out of a large parcel located primarily south of and east of Old Dixie Highway. This buyer developed an aquarium for public exhibit and had been operating on the nearby sponge docks. The buyer purchased very reasonable cost commercial parcels plus three lots that also included the CE wetland that was given no value. The usable commercial portion has an awkward main road frontage and shape but overall was considered ideal for this concept. The CE intention was to maintain the site in its natural condition with no structure or infrastructure, filling or water storage in favor of the City of Tarpon Springs and Pinellas County as recited on the recorded plats. 16 LAND SALE #4 Location: NE quadrant Gulf To Bay and Bayshore Boulevards, Clearwater Legal Description: Metes and Bounds Parcel #12/01 located in the NE/4 of Section 16, Township 29 South, Range 16 East Date of Sale: July, 2016 Sales Price: $180,000 Size: 80.45 Acres irregular (above mean high water line) Overall Price PA: $2,237 Grantor/Grantee: Clearwater Christian College/City of Clearwater Recording Data: O.R. Book, 19261, Page 2058 Sale Confirmed With: C. Lane, Grantee Rep. Zoning: P- Preservation zoning and land use, Clearwater Comments: This wetland parcel is covered with mangroves bordering Cooper’s Bayou and the former Clearwater Christian College Campus. This transfer to the City was to be useful for cleaning Old Tampa Bay waters by opening tidal flows. While there were minor upland areas on the site borders and scattered interior segments, the site essentially had no potential traditional uses. The City also acquired the upland segment of the NE quadrant at Bayshore Boulevard that abuts the FDOT regional office. It included 8.5 acres gross of which 5.88 Acres were naturally wooded uplands with some development potential. It was purchased at $1,180,000/$3.20 PSF (recorded O.R. Book 19261, Page 2072). 17 LAND SALE #5 Location: Anclote River seaward of Circle Drive, Tarpon Springs Legal Description: Metes and Bounds Parcel #14/01 located in the NE/4 of Section 3, Township 27 South, Range 15 East Date of Sale: August 2016 Sales Price: $95,000 Size: 2.15 Acres MOL above mean high water level, Irregular plus 1.05 Acres submerged Overall Price PA: $29,688 Grantor/Grantee: Charles Moore, II/Glen L. Keys Revocable Trust Recording Data: O.R. Book 19307, Page 0945 Sale Confirmed With: L. Scoggins, Grantee Representative Zoning: L.C. Land Conservation with Preservation Resource Management Land Use, Tarpon Springs Comments: This is a former spoil bank created during previous river dredging that is comprised of roughly 2/3 mangroves with 1/3 being usable for recreation and having an approved dock permit again for recreational use. This buyer resides on an adjacent bluff lot desiring to prevent its development. In fact, the owners during 2020 began planning to donate the land to the Tampa Bay Conservancy, Inc. under a Conservation Easement (CE) to maintain its natural status. The most recent Swiftmud Aerial Contour Map noted the shoreline at 1’ elevation and 2’ for the small usable segment. The site was also subject to an earlier CE to benefit from a proposed marina basin that was never fully executed. 18 LAND SALE #6 Location: 99 164th Avenue, Clearwater mailing address Legal Description: Parts of Lots 3 and 4, Pinellas Groves, located in the NE/4 of Section 33, Township 29 South, Range 16 East Date of Sale: December 2020 Sale Price: $650,000 Size: 6.1 Acres uplands plus 7.09 Acres submerged Overall Price PA: $49,280 Grantor: Bank Of The Ozarks (OZK)/R.G. Collins, Trust Recording Data: O.R. Book 21304, Page 1949 Sale Confirmed With: P. Calhoun, Broker Zoning: R-2 and R-3 single-family plus AL Agriculture with RL – Residential Low and Preservation Land Uses Comments: This heavily wooded and difficult access property fronted Tampa Bay at the Bayside Bridge and had been proposed for intense development during the preceding decade but never received development approval due to the wooded wetlands that include a mangrove shoreline. It sold here as a foreclosure after a lengthy marketing period for private low-density residential use at the allowed 5/acre maximum density. The immediate locale is developed with moderate quality and mostly older single-family plus a group of 1970 vintage garden apartment complexes and modern mobile home parks plus upscale office complexes. The entire district is in a Coastal High Hazard Area and Flood Zone that is adjacent to the St. Petersburg International Airport facility. The owners have reported intentions to build a family compound. 19 LAND SALE #7 Location: Approximately 640’ north Virginia Street roughly ¼ mile east of CR #1, Dunedin Legal Description: Metes and Bounds #34/0 in the SE/4 of the SW/4 of Section 23, Township 28 South, Range 15 East plus Parcel #21/02 in the NW/4 of Section 36, Township 28 South, Range 15 East Date of Sale: May 2022 Sales Price: $495,000 Size: 78.84 Acres Overall Price PA: $6,279 Grantor/Grantee: Swiftmud/City of Dunedin Recording Data: O.R. Book 22156, Page 0433 Sale Confirmed With: Grantor Representative Zoning: R/A Residential/Agriculture Preservation Land Use Comments: This parcel is known as Jerry Lake (54 Acres) plus surrounding wetland areas (24 Acres) located east of the Dunedin Cemetery, the Gladys Douglas Preserve, and the Weathersfield Subdivision. It has been a long-known attractive feature for the district as well as a major part of the locale’s storm drainage network. Swiftmud acquired the vacant acreage at a recorded price of $454,600 in 1986 and subsequently installed surrounding earthen berms and a drainage structure near the northeast corner that was an outfall. The City acquired the site in this transaction for recreational/viewing uses by the public and with the wishes of Gladys Douglas who passed during 2019. There was no associated potential development with this parcel. 20 LAND SALES RECAP CHART Sale # Date Of Sale Sales Price Total Size In Acres Upland Ratio % Overall Price Per Acre 1 9/05 $0 33.63 0 $19,873A 2 12/11 $ 30,000 2.74 64 $10,949 3 12/15 $125,000 21.41 9.4 $ 5,838 4 7/16 $180,000 80.45 10 $ 2,237 5 8/16 $ 95,000 3.2 67 $29,688 6 12/20 $650,000 13.19 46 $49,280 7 5/22 $495,000 78.84 30 $ 6,279 Subject -- 2.44 18 -- A: Average LAND SALES ANALYSIS AND CONCLUSIONS: These examples are the best known to me for wetland-related transactions with the $2,237-$49,280 PA range considered to bracket the subject value. Sale #1 represents all submerged land in Clearwater Beach/Island Estates, where the sites were sold piecemeal to adjacent upland owners for dock construction not subject to the Florida lease rates. This prime location adjacent to seawalls purchased by wealthy homeowners illustrates the logical demand for the subject parcel where only four have been transferred for multiple decades. This $19,873 PA price is not comparable to the subject scenario. Sale #2 is the most comparable to the subject but has a more prime location along Allen’s Creek near Kent Place east of Belcher Road. These are tidal saltwater canals with this site cut off from its main parcel but adjacent to the buyer’s horse therapy riding complex. The $10,949 PA price is also considered superior to the subject overall scenario. Sale #3 includes usable retail zoned lands on US Alternate 19 but also a large conservation easement that has no potential use. The 9.4% upland ratio is below the subject but its zoning/location offsets. As such, the $5,838 PA price is a realistic metric for the subject northern parcel. 21 Sale #4 is a major mangrove district in Tampa Bay off Gulf To Bay Boulevard and was purchased to foster a cleanup of the Tampa Bay estuary. The large size with minor uplands is rated inferior to the subject. Sale #5 is a small island in the Anclote River that was acquired for recreational use access by boat. The site has superior utility than the subject and as such is notably superior. Sale #6 is a high-ratio upland parcel that has the highest value in this grouping and serves as an alternative to Sale #7 which is notably larger but has no private use. It was purchased due to its preservation status comprised primarily of lake surface. The $6,279 PA price is a good basic metric for the subject and like Sale #6, is relatively recent. After reviewing this best available data then, I would value the 2.44 acres total parcel at the $7,500 PA figure. 2.44 Acres @ $7,500 PA = $18,300 ADDENDA QUALIFICATIONS OF THE APPRAISER JAMES M. MILLSPAUGH, MAI APPRAISAL EXPERIENCE: Appraisal experience in Pinellas County, Florida since 1968 when associated with Ross A. Alexander, MAI of Clearwater. Formed James Millspaugh & Associates, June 1980, in Clearwater. The firm concentrates the majority of its appraisal activities in Pinellas County with experience throughout the Tampa/St. Petersburg/ Clearwater MSA. APPRAISAL PLANT DATA: In addition to maintaining its location near the main Pinellas County Courthouse complex for easy access to governmental offices and the official public records maintained in the Clerk’s office for in-depth background research, the firm maintains Marshall Valuation Service Cost Data, online real estate transactions from RealQuest as provided by CoreLogic and MLS sales data provided by MFR.MLSMatrix plus national surveys on lodging, food service, offices, industrial parks, mini-storage, shopping center markets, investor return rates, and others. COMMERCIAL APPRAISAL ASSIGNMENTS performed include golf courses, postal facilities, commercial buildings, shopping centers, warehouse/manufacturing buildings, mobile home and R.V. parks, financial institutions, nursing homes, motels, timeshares, restaurants, houses of worship, office buildings, apartment buildings, commercial and residential condominium projects (both proposed and conversions), marinas, theaters, fraternal buildings, school facilities, seaport facilities, railroad corridors, easements, leasehold and leased fee estates, life estates, vacant sites, including environmentally sensitive lands, and condemnation cases involving partial and total takings. Feasibility/market studies have been performed for industrial, office, retail, residential, and timeshare markets. APPRAISAL EDUCATION: American Institute of Real Estate Appraisers (AIREA) courses successfully completed: I-A: Basic Principles, Methods and Techniques - 1973 VIII: Single Family Residential Appraisal - 1973 I-B: Capitalization Theory and Techniques - 1974 II: Urban Properties - 1975 IV: Condemnation - 1978 : Standards of Professional Practice - 1992, Parts A & B Society of Real Estate Appraisers (SREA) courses successfully completed: 301: Special Applications of Appraisal Analysis – 1980 JAMES M. MILLSPAUGH, MAI (Qualifications Continued) RECENT SEMINARS ATTENDED: Sponsored by The Appraisal Institute Valuation of Wetlands, 2004. Uniform Standards (Yellow Book) for Federal Land Acquisitions, 2007. Analyzing Distressed Real Estate, 2007. Valuation of Detrimental Conditions, 2010. Analyzing Tenant Credit Risk/Commercial Lease Analysis, 2011. Fundamentals of Separating Real and Personal Property and Intangible Business Assets, 2012. Marketability Studies: Advanced Considerations and Applications, 2013. Critical Thinking in Appraisals, 2014. Litigation Appraising, 2015. Webinars on the FEMA 50% Rule, Wind Turbine Effects on Value and Contamination and The Business Practice and Ethics, 2017. Parking and its Impact on Florida Properties, 2018. Insurance Appraisals, 2018. Evaluating Commercial Leases, 2019. Artificial Intelligence, AVMs and Blockchain, 2019. Appraising Donated Real Estate Conservation Easements, IRS, 2020. Florida State Law Update, 2024. National USPAP Update, 2024. Fundamental Of Appraising Affordable Housing, 2024. Impact Of Short Term Rentals, 2024. Fractional Interest Valuation, 2024. EDUCATION: Bachelor of Science in Business Administration, University of Florida Associates of Arts, St. Petersburg Junior College PROFESSIONAL AFFILIATIONS AND CERTIFICATION Member: Appraisal Institute with the MAI designation, Certificate #6087, awarded April, 1980. Mr. Millspaugh is a past President of The Gulf Atlantic Florida Chapter of the AI (formerly Florida Chapter No. 2), served as an admissions team leader for the West Coast Florida Chapter, is the past Chairman for the National Ethics Administration Division of the Appraisal Institute and served as the Region X Member of the Appellate Division of the Appraisal Institute. Mr. Millspaugh is a State-Certified General Real Estate Appraiser (RZ58) and has served as a pro-bono expert witness for the Florida Real Estate Appraisal Board. Member: Pinellas Realtors Organization, National Association of Realtors Note: The AIREA and SREA merged into one organization on January 1, 1991, that is now known as the AI - Appraisal Institute. STANDARD DEFINITIONS HIGHEST AND BEST USE: 1. The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. 2. The use of an asset that maximizes its potential and that is possible, legally permissible, and financially feasible. The highest and best use may be for continuation of an assets existing use or for some alternative use. This is determined by the use that a market participant would have in mind for the asset when formulating the price that it would be willing to bid. (IVS) 3. [The] highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future. (Uniform Appraisal Standards for Federal Land Acquisitions) 4. [For fair value determination] The use of a nonfinancial asset by market participants that would maximize the value of the asset or the group of assets and liabilities (for example, a business) within which the asset would be used. (FASB Glossary) The highest and best use of a nonfinancial asset takes into account the use that is physically possible, legally permissible, and financially feasible. (FASB 820-10-35-10B). The highest and best use of a nonfinancial asset establishes the valuation premise used to measure the fair value of the asset, as follows: (a) The highest and best use of a nonfinancial asset might provide maximum value to market participants through its use in combination with other assets as a group (as installed or otherwise configured for use) or in a combination with other assets and liabilities (for example, a business). (b) The highest and best use of the asset might provide maximum value to market participants on a standalone basis. (FASB 820-10-35-10E) FEE SIMPLE ESTATE: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. LEASEHOLD ESTATE: The right held by the lessee to use and occupy real estate for a stated term and under conditions specified in the lease. LEASED FEE INTEREST: The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires. REPLACEMENT COST: The estimated cost to construct, at current prices as of a specific date, a substitute for a building or other improvements, using modern materials and current standards, design and layout. REPRODUCTION COST: The estimated cost to construct, at current prices as of the effective date of the appraisal, a duplicate or replica of the building being appraised, using the same or similar materials, construction standards, design, layout and quality of workmanship and embodying all the deficiencies, super-adequacies, and obsolescence of the subject building. ------------------------------------------------------------------- 2. Appraisal Institute, The Dictionary of Real Estate Appraisal - Seventh Edition, 2022. pages 83, 88, 105 and 163. IDENTIFICATION OF THE PROPERTY: The subject parcel fronts the eastern bank of Stevenson’s Creek backing up to the Stevenson Drive residential lots. It is legally described in brief as Metes and Bounds Parcel #12/01 located in the NW/4 of the NE/4 of Section 10, Township 29 South, Range 15 East, as backing up to Lots 11-15 and 20-24, both inclusive Block A, Stephenson’s Heights Subdivision recorded in Plat Book 34, Page 13. CENSUS TRACT LOCATION/ZIP CODE: #263/33759 FLOOD ZONE LOCATION: Pinellas County, Florida Map #12103C0106J Effective Date: August 24, 2021 The subject shoreline and lots east of Stevenson’s Creek are in an AE special flood hazard area where finished floor areas must be above 9’. Per a recent 2023 Swiftmud Contour Map, the shoreline is noted at 5’-7’ while the Stephenson Drive roadway is noted at 11 ‘. ENVIRONMENTAL AUDIT DATA: The Appraisal has been performed without the benefit of an environmental audit and presumes that no problems exist, however, I reserve the right to review and/or alter the value reported herein should a subsequent audit reveal problems. The land across the creek is improved with the Marshall Street sewerage treatment plant which would likely result in having at a minimum a level one environmental audit by most potential buyers. Further, the next north property to Lot 11 had been an auto salvage yard before being developed with a City fire station with that parcel noted at a 20’ elevation that drains to the south and west toward Stevenson’s Creek. OBJECTIVE AND INTENDED USE/USERS OF THE APPRAISAL REPORT: The objective of the appraisal report is to estimate the current market value of the fee simple estate and subject to the wetland characteristics that are typically granted via a quitclaim deed of the subject vacant acreage as of December 3, 2024 (Date of inspection and photographs). It is my understanding that the intended use of the report is to guide the City of Clearwater in this attempt to acquire the subject and that the City and its representatives are the only intended users and no others. Exhibit "B" From:Kasmer, Robert To:Ravins, Jay; Kader, Art Cc:Mahony, Thomas; Anderson, Matthew Subject:Stevenson Creek Shoreline Purchase Brokers Price Opinion Date:Wednesday, March 5, 2025 5:20:06 PM Attachments: Importance:High Recent Sales Comparables: 1.1 Gallinule Place, Bellair, FL $(350 imputed) @ 209’ waterfront = $73,150 2.1466 S Keene Road, Clearwater, FL $275 @ 102’ waterfront = $28,050.00 3.1768 Overbrook Ave, Clearwater, FL $357 @ 121’ waterfront= $43,197.00 4.1164 Brook Road, Clearwater, FL $319 @ 64’ waterfront = $20,416.00 5.1795 Harbor Drive, Clearwater, FL $273.63 @ 91’ waterfront = $24,900 $1,575.63 / 5 = $315.12 Average developedmarket PPSF Appraisal Position – Jim Millspaugh 11/3/24 1250’@ $15.61 = $19,506 1843 Springtime Ave, Clearwater, FL. Distressed property PPSF $15.61 Similar Land Sale – Part of Lot 23, Pinellas Groves Subdivision, Plat Book 1, Page 55,2.7ac Market value $30,000, Discounted $5000 higher not on tidal water, Total value $35,000 Brokers Opinion- From market recent sales PPSf is $315.12From distressed recent sales PPSF is $15.61 Broker's discretion - $25.50 PPSFLike/Kind sale $30,000 + discounted $5000 = $35,000 total Actual Taxable Value: Pinellas County Tax Records Just Value 2022 $25,195Pinellas County Tax Records Just Value 2023 $31,994 Pinellas County Tax Records Just Value 2024 $35,660Proposed Pinellas Tax Records Just Value 2025 $41,500 Based upon Pinellas County Property Appraiser, Market, Distressed, and Discounted valuations; in my Broker's opinion the value of these combined wetland parcels is $35,770.00 Robert J. KasmerReal Estate CoordinatorCity of ClearwaterDepartment of Public Works / Engineering100 S. Myrtle AveClearwater, FL 33756Robert.kasmer@myclearwater.comDesk: 727-444-8219 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0202 Agenda Date: 3/17/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.8 SUBJECT/RECOMMENDATION: Approve Vehicle Use Agreement between the School Board of Pinellas County, Florida and the City of Clearwater through August 8, 2025 for the City to utilize Pinellas County School buses at a cost of $1.60 per mile plus $44.00 per hour, for a total estimated cost of $20,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Parks and Recreation Department organizes various field trips for participants, primarily summer camp youth, that require bus transportation. During the summer of 2025, the department will organize approximately 50 field trips that may utilize school bus transportation. The Pinellas County School System allows municipalities to utilize their fleet of buses and drivers for $1.60 per mile plus $44.00 per hour for driver with a four-hour booking minimum. Comparing a sampling cost of school buses for these trips against the use of private bus lines indicates school buses are generally a less costly mode of transportation. Approval of this Agreement will allow staff the additional option to use Pinellas County School System buses when determining the most cost-effective source of transportation for participants. This agreement is similar to previous agreements between the City and the Pinellas County School System, and similar to agreements made with other municipalities that utilize school bus transportation. The contract terms include an indemnification provision against any claims that are found to result from the sole negligence of the City, its governing body, or its employees. Nothing in the agreement, however, shall be deemed a waiver of the limitations on liability contained in Section 768.28, Florida Statutes, or the doctrine of sovereign immunity. APPROPRIATION CODE AND AMOUNT: Funding will come from a variety of general fund cost centers, primarily recreation programming (1813/1816/1834-5303) as well as the JWB grant code (G2107-5303).  The Recreation Programming Division’s Operating Budget contains sufficient funds to cover the costs associated with this Agreement. USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: Approval of the purchase order supports several Strategic Plan Objectives, including:  ·1.3: Adopt responsive levels of service for public facilities and amenities, and identify resources required to sustain that level of service. ·3.1: Support neighborhood identity through services and programs that empower community pride and belonging. Page 1 City of Clearwater Printed on 3/11/2025 VEHICLE USE AGREEMENT THIS AGREEMENT, entered into this day of , by and between THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA, hereinafter referred to as the “School Board,” and the , a municipal corporation, hereinafter referred to as “User”. The parties agree as follows: The School Board will provide shuttle bus transportation to User for the contract period ending August 23, 2025, for the purpose of transporting school-age children, with chaperones, who participate in User’s sponsored programs. User shall make all requests for specific uses during the contract period to the School Board’s Transportation Department, who will determine whether buses are available pursuant to paragraph 3 below. 1. Transportation is for the sole purpose of transporting school-age children, with chaperones, who participate in User’s sponsored programs to and from locations in Pinellas and adjacent counties. 2. The bus or buses will be operated by an employee of the School Board, who is licensed to drive a school bus, and shall be assigned by the Director of Transportation or designee. Buses may be used under this agreement only if they are available at the times requested, and such use shall not interfere with or impair regular school transportation. The School Board’s Transportation Department shall be the final authority as to the availability of buses. 3. (A) User shall pay to the School Board, for the use of said school bus service that begins weekdays before 4:00 p.m., a sum per bus of the current rate per hour to include 15 minutes before and 15 minutes after the use, plus the surcharge rate per mile. There shall be a minimum charge of two hours. The current rate per hour and surcharge rate per mile will be that rate used by the School Board, in its sole discretion, as of the date of the bus usage. User may investigate the current rates by either contacting the School Board’s Transportation Department or visiting http://webtrips.pinellas.k12.fl.us//webtrips// . (B) If requests extend to service that begins weekdays after 4:00 p.m., weekends and any non-school day, User shall pay a sum per bus of the current rate per hour to include 30 minutes before and 30 minutes after the use, plus the surcharge rate per mile. There shall be a minimum charge of four hours. The current rate per hour and surcharge rate per mile will be that rate used by the School Board, in its sole discretion, as of the date of the bus usage. User may investigate the current rates by either contacting the School Board’s Transportation Department or visiting http://webtrips.pinellas.k12.fl.us//webtrips// . (C) “Weekend” is defined as a Saturdays and Sundays. “Weekend” shall also include Fridays during the time that the School Board is on its summer calendar schedule. “Weekday” is defined as all days not meeting the definition of “Weekend”. “Non-school day” is defined as a weekday when students are not scheduled to attend classes. 4. This agreement is made pursuant to section 1006.261, Florida Statutes, and the parties agree that they will comply with the provisions therewith, except that School Board and User hereby agree to indemnify each other for claims brought against the indemnified party only to the extent that the claims are found to result from the sole negligence of the indemnifying party, its governing body, or its employees. This indemnification shall not be construed to be an indemnification for the acts or omissions of third parties, independent contractors or third-party agents of the parties. This indemnification shall not be construed as a waiver of the parties’ sovereign immunity and shall be interpreted as limited to only such traditional liabilities for which the parties could be liable under the common law interpreting the limited waiver of sovereign immunity. Any claims against the indemnified party must comply with the procedures found in §768.28, Florida Statues. In order to comply with the requirements of §129.06, Florida Statutes, and Article VII, section 10 of the Florida Constitution, the value of this indemnification is limited to the lesser of the amount payable by either party under the substantive provisions of this Agreement, or the limitations of §768.28, Florida Statutes. In addition, this indemnification shall be construed to limit recovery by the indemnified party against the indemnifying party to only those damages caused by indemnifying party’s sole negligence, and specifically not include any attorney’s fees or costs associated therewith. The User will provide a certificate of the required liability insurance showing the School Board of Pinellas County, Florida as an additional insured or a certificate of self-insurance to the School Board prior to the time of any transportation under this Agreement. IN WITNESS WHEREOF, the parties have executed this agreement at Largo, Pinellas County, Florida, the date first above written. THE SCHOOL BOARD OF Organization PINELLAS COUNTY, FLORIDA By: Chairperson Organization Name Attest: Superintendent Print Name and Title Approved as to form: School Board Attorney’s Office Signature Bus Use Agreement – Municipalities Countersigned: CITY OF CLEARWATER, FLORIDA By: ___________________________ By: ____________________________ Bruce Rector Jennifer Poirrier Mayor City Manager Approved as to form: Attest: By: ___________________________ By: ____________________________ Melissa Isabel 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#25-0205 Agenda Date: 3/17/2025 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 6.9 SUBJECT/RECOMMENDATION: Approve a purchase order to Motorola Solutions, Inc., of Chicago, IL, for 12 CommandCentral AXS Dispatch Consoles and NICE Logging Interface with two-years of associated warranty service for $1,303,879.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Piggyback or cooperative purchasing, Section 2.563(1)(d) Noncompetitive (Impractical), and authorize the appropriate officials to execute same. SUMMARY: The City of Clearwater has operated an independent Land Mobile Radio (LMR) system for several decades to use by the police department and other city departments. At the direction of Council to find efficiencies to control costs, staff is proposing migrating to the Pinellas County LMR. This will allow for seamless radio communications between the police department and other law enforcement agencies in Pinellas County, and the police department supports the migration to the Pinellas County LMR. The Clearwater fire department already currently operates on the Pinellas County LMR. The Clearwater LMR is due for an upgrade, that occurs approximately every 10-years. In July 2024, the City received a proposal for the upgrade with a cost of $957,000.00 for needed upgrades and $436,943.00 in optional upgrades. Another related concern is the need to improve signal strength on Clearwater Beach. In 2020, staff received a proposal to add an additional repeater on Clearwater Beach for $917,802.00. Staff did not decide to proceed with this proposal at that time. Additionally, the current (FY25) reoccurring annual maintenance for the Clearwater LMR is $350,599.00, and subject to annual escalation. The purchase of 12 Motorola CommandCentral AXS Dispatch Consoled and NICE Logging interface for $1,303,879.00 is necessary for the police department communications center to migrate and operate on the Pinellas County LMR. 2-years of service maintenance is included in this cost ($118,879.00 in year 2). The annual maintenance cost will be reoccurring starting in year three and escalate annually. Migration to the Pinellas LMR will reduce the need for future capital to fund the Clearwater LMR. This migration also represents a reduction in maintenance costs of $231,720.00 a year. Pinellas County is not requesting funding from the City of Clearwater to support the Pinellas County LMR system at this time, other than we would have to pay for individual access for non-public safety personnel. Authorization to piggyback Sourcewell Contract 042021-MOT valid through June 23, 2025 with the option for one additional one-year period is requested. The Essential Service Plan in the amount of $118,879.00 is considered impractical to bid because using another provider to service this equipment could void the warranty. The current portable and mobile radios can be reprogrammed to operate on the Pinellas LMR and are not required to be replaced until they reach end of life. The cost to reprogram and set up current portable and mobile radios to seamlessly work on the Pinellas LMR is $52,792.00 and would be complete by Communications International (Ci) through our vendor service contract. APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will provide an allocation of $1,303,880 from Garage Fund reserves to capital improvement project 315-C2508, Motorola Conversion, to fund this purchase. The Garage Fund is an internal service fund of the City which supports city-wide fleet and radio system operations and maintenance. Page 1 City of Clearwater Printed on 3/11/2025 File Number: ID#25-0205 USE OF RESERVE FUNDS: Funding for this purchase will be provided by mid-year budget amendment allocating Garage Fund reserves in the amount of $1,303,880 to capital improvement project 315-C2508, Motorola Conversion. The remaining balance of Garage Fund reserves after 25% working capital reserves is approximately $3.9M or 21% of the current Garage Fund operating budget. STRATEGIC PRIORITY: Mission - Clearwater is committed to quality, sustainable, cost-effective municipal services that foster and sustain a healthy residential and economic environment. 1.2 Maintain public infrastructure through systematic management efforts. 1.4 Foster safe and healthy communities in Clearwater through first-class public safety and emergency response services. Page 2 City of Clearwater Printed on 3/11/2025 The design, technical, and price information furnished with this proposal is proprietary information of Motorola Solutions, Inc. (Motorola). Such information is submitted with the restriction that it is to be used only for the evaluation of the proposal, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the proposal, without the express written permission of Motorola. MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2024 Motorola Solutions, Inc. All rights reserved. Proposal City of Clearwater, Florida CommandCentral AXS Consoles & NICE Logging Interface March 10, 2025 Motorola Solutions, Inc. 500 W Monroe Street, Ste 4400 Chicago, IL 60661-3781 USA March, 2025 Daniel Slaughter Assistant City Manager One Clearwater Tower, 6th Floor, 600 Cleveland St. Clearwater, 33755 Subject: AXS Consoles and NICE Interface Dear Mr. Slaughter, Motorola Solutions, Inc. (“Motorola”) is pleased to have the opportunity to provide the City of Clearwater with quality communications equipment and services. The Motorola project team has taken great care to propose a solution that will meet your needs and provide unsurpassed value. To meet the functional and operational specifications of this solicitation our solution includes a combination of hardware, software, and services. Specifically, this solution provides twelve (12) AXS consoles and a NICE logger interface. The products and services shall be provided under the terms and conditions of the Sourcewell contract # 042021-MOT; and its applicable Communications, System and Services Agreement (CSSA). This proposal shall remain valid until 3/27/25. You may accept the proposal by delivering to Motorola the signed CSSA and a Purchase Order referencing Sourcewell contract # 042021-MOT and this proposal. Any questions may be directed to your Motorola Account Executive, Brian Wahl, Account Executive, at (941) 713-6740. We thank you for the opportunity to furnish the City of Clearwater with “best in class” solutions, and we hope to strengthen our relationship by implementing this project. Our goal is to provide you with the best products and services available in the communications industry. Sincerely, Motorola Solutions, Inc. Danny Sanchez Territory Vice President City of Clearwater, FL March 10, 2025 AXS Consoles Use or disclosure subject to the restrictions on the cover page Page 3 of 90 Table of Contents Section 1 System Description ..................................................................................................................... 5 1.1 Overview ............................................................................................................................... 5 1.1.1 Integration with the ASTRO® 25 Network ................................................................................................ 5 1.1.2 Connection to ASTRO® 25 System ......................................................................................................... 5 1.1.3 Conventional Base Station Interfaces ...................................................................................................... 6 1.2 Making Consoles Easy to Operate ......................................................................................... 7 1.2.1 Next Generation Dispatch Experience ..................................................................................................... 7 1.2.2 Cross Platform Dispatch Capabilities ....................................................................................................... 8 1.2.3 Headset Sharing ....................................................................................................................................... 9 1.2.4 Auxiliary Inputs/Outputs ........................................................................................................................... 9 1.2.5 Standard Radio Transmission and Reception .......................................................................................... 9 1.2.6 Emergency Radio Transmission and Reception .................................................................................... 10 1.2.7 Radio Patch Control ............................................................................................................................... 11 1.2.8 Call Management and Control................................................................................................................ 11 1.2.9 Enhanced Integrated Instant Recall Recorder (IRR).............................................................................. 12 1.3 Audio Logging Subsystem ................................................................................................... 13 1.3.1 Record and Replay of Archived Calls .................................................................................................... 13 1.3.2 Management of Logging Recorder Subsystem ...................................................................................... 13 1.4 Protecting Consoles and Communications .......................................................................... 14 1.4.1 Secure Access to the Console ............................................................................................................... 14 1.4.2 Secure Communications at the Console ................................................................................................ 14 1.4.3 Key Management via Key Variable Loader (KVL).................................................................................. 14 1.5 Incorporating Console Configuration and Management ....................................................... 15 1.6 Dispatch Console Solution Components .............................................................................. 15 1.6.1 CommandCentral AXS Dispatch Console Operator Position ................................................................ 15 Section 2 2.1 Clearwater Proposed Configuration ..................................................................................... 18 2.1.1 Number of Dispatch Consoles and Locations ........................................................................................ 18 2.1.2 Dispatch Console Hardware ................................................................................................................... 18 2.1.3 Locations of Conventional Interfaces ..................................................................................................... 18 2.1.4 Aux I/O Locations ................................................................................................................................... 19 2.1.5 Logging Solutions and Locations ........................................................................................................... 19 2.1.6 AXS Services .......................................................................................................................................... 19 2.1.7 All band Consolettes .............................................................................................................................. 19 2.1.8 Backhaul ................................................................................................................................................. 19 City of Clearwater, FL March 10, 2025 AXS Consoles Use or disclosure subject to the restrictions on the cover page Page 4 of 90 Section 3 Statement of Work .................................................................................................................... 20 3.1 Motorola General Responsibilities ....................................................................................... 20 3.1.1 Training ................................................................................................................................................... 20 3.1.2 Console Installation ................................................................................................................................ 21 3.1.3 Control Station Installation ..................................................................................................................... 21 3.2 Civil Work ............................................................................................................................ 22 3.2.1 Development at Clearwater PD Site ...................................................................................................... 22 Section 4 NICE Logger Interface .............................................................................................................. 24 4.1 Logging Solution Design Highlights ..................................................................................... 24 4.1.1 NICE IP Logging ..................................................................................................................................... 24 Section 5 Service/Warranty ...................................................................................................................... 30 5.1 Dispatch Service .................................................................................................................. 30 5.1.1 Remote Technical Support ..................................................................................................................... 30 5.1.2 Infrastructure Board Repair with Advanced Replacement ..................................................................... 30 5.1.3 On Site Infrastructure Response ............................................................................................................ 30 5.1.4 Network Preventative Maintenance........................................................................................................ 31 5.1.5 Security Update Service ......................................................................................................................... 31 5.1.6 Network Event Monitoring ...................................................................................................................... 31 Section 6 Equipment List .......................................................................................................................... 32 6.1 Clearwater Police Department ............................................................................................. 32 Section 7 Pricing and Payment Terms ..................................................................................................... 54 7.1 Payment Milestones ............................................................................................................ 54 7.2 System Purchase ................................................................................................................ 54 Section 8 Contractual Documentation ...................................................................................................... 55 CommandCentral AXS Dispatch Console Solution Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Page 5 City of Clearwater, FL March 10, 2025 AXS Consoles Section 1 System Description 1.1 Overview Motorola Solutions, Inc.’s (Motorola) CommandCentral AXS Dispatch Console reduces the barriers between systems in Clearwater dispatch center, allowing access to all the mission-critical tools and applications dispatchers need in the moments that matter. This makes operation more efficient in emergency situations. Resources are accessible with an intuitive, highly configurable browser-based GUI. Dispatchers will have an expansive feature set and a mission-critical IP network for transporting information and calls throughout the system. CommandCentral AXS improves the efficiency and operation of dispatchers in the following ways (additional fees may apply depending upon feature and hardware additions): ● Next Generation Dispatch Experience – The solution responds to touch, type or click, giving dispatchers the flexibility to interact and stay connected to teams in the way that best suits them. Extensive configuration options, flexible deployment configurations and simple scalability means agencies only pay for what is needed now, with the room to adapt and grow as needs change over time. ● Purpose-Built Dispatch Console Accessories – Enhances the dispatch experience with accessories, such as gooseneck microphone, speakers, headset jack, and footswitch, designed and tested for industry-leading performance and reliability. This solution also reduces operating costs and provides a smaller physical footprint in the command center without compromising on features or reliability. This combination of seamless communications, modern architecture, and advanced integration capabilities enables the CommandCentral AXS solution to scale and evolve as needs change over time. 1.1.1 Integration with the ASTRO® 25 Network The proposed dispatch console seamlessly integrates into the Pinellas County ASTRO® 25 system for an integrated, mission-critical network. This tight union between radio infrastructure and console equipment has several operational benefits to Clearwater. The physical space to accommodate the proposed console is comparable to that required for a personal computer. The console can access both trunked talkgroups and conventional radio channels over the same network. This architecture reduces overall transport costs and the need for duplicate fixed network equipment. 1.1.2 Connection to ASTRO® 25 System The ASTRO® 25 system’s architecture is flexible and can be configured to meet Clearwater’s unique needs. CommandCentral AXS Dispatch Console Solution Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Page 6 City of Clearwater, FL March 10, 2025 AXS Consoles Dual Site Link The proposed console site for Clearwater is remote from the core site and features redundant site links to provide path diversity. The console site has two logical connections to the core site, with each connection using a different core router. Each console site gateway provides an interface that handles the following IP traffic between the proposed console center and the Pinellas County ASTRO® 25 core site: ● Network management traffic. ● Call control and audio traffic for all the calls being handled by the dispatch positions. ● Aux I/O traffic for the Aux I/O is being handled by the dispatch positions. The site gateways fragment and prioritize large IP packets according to industry standards and convert Ethernet data to the desired transport medium. LAN Switches LAN switches provide LAN interfaces for console site equipment and a LAN port for the link to the core site. Service technicians can access the system’s configuration manager and service the equipment through the switch. Advanced Conventional This option provides the dispatcher with the ability to control ASTRO® 25 conventional channels and/or MDC 1200 channels. 1.1.3 Conventional Base Station Interfaces The proposed consoles access and control Clearwater analog and digital conventional base stations through the use of Conventional Channel Gateways (CCGW). The console processes audio received from the station and controls various features on the stations, such as frequency selection, private line selection, and repeater on/off. Additionally, the CCGWs allow for recovery of MDC 1200 and digital signaling, such as unit ID and emergency alarm. CommandCentral AXS Dispatch Console Solution Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Page 7 City of Clearwater, FL March 10, 2025 AXS Consoles 1.2 Making Consoles Easy to Operate Motorola’s proposed consoles are optimized for real-time audio, prioritizing emergency calls over other traffic, and minimizing voice queuing. Using robust error mitigation to maintain call quality even when the system is heavily loaded, the proposed console reduces communication errors that may force dispatchers or radio users to repeat their transmissions. 1.2.1 Next Generation Dispatch Experience CommandCentral AXS features a highly configurable graphical user interface (GUI) that provides quick, single-view access to important information and functionalities. The browser-based GUI’s versatile folders, tabs, and scalable resources allow users to organize and configure their dispatch experience and make engagement more familiar and intuitive from shift to shift. Folders and tabs can be relocated, exposed, or overlapped as needed, giving dispatchers more control of what information they see and how they interact with those resources. CommandCentral AXS also offers multiple options for routing audio to speakers and controlling volume levels. Figure 1: Next Generation Dispatch Experience CommandCentral AXS features flexible window positioning and capabilities for quick and efficient access to services such as: ● Activity Log – Provides an efficient point of reference for all incoming calls into a dispatch console, showing dispatchers detailed, searchable call information (radio resource name and call time) to enable faster and more informed response. CommandCentral AXS Dispatch Console Solution Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Page 8 City of Clearwater, FL March 10, 2025 AXS Consoles ● Paging – Allows users to send user configured pages on radio resources. This flexible paging feature is integrated with CommandCentral AXS for both conventional and trunked radio resources, while an external paging encoder port on the CommandCentral Hub enables third- party paging encoders to send pages on the selected radio resources. ● Patch Capabilities – Enables dispatchers to set up a communication path between two or more resources that are normally unable to communicate with each other, such as trunked resources and conventional resources. ● Alert Tones – Allows dispatchers to send one of fifteen user-configurable alert tones on selected radio resources. Fifteen default .wav files are provided with the dispatch console software, but any combination of these default files may be replaced with user configured.wav files to meet specific needs. ● Channel Marker – Enables dispatchers to send a periodically repeating piece of audio on radio resources to meet the specific needs. 1.2.2 Cross Platform Dispatch Capabilities This solution is designed to take full advantage of Motorola’s end-to-end software suite, CommandCentral. These cross platform integrations enhance the dispatch capabilities of CommandCentral AXS. Figure 2: Motorola’s End-to-End Portfolio CommandCentral AXS is an integral part of our end-to-end portfolio, providing greater interoperability and support for Clearwater’s current and future investments. As needs grow and change over time, this solution’s flexible integration capabilities evolve to satisfy new demands. This adaptability also enables dispatchers to be effective with the integrations and capabilities they need. CommandCentral AXS Dispatch Console Solution Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Page 9 City of Clearwater, FL March 10, 2025 AXS Consoles 1.2.3 Headset Sharing CommandCentral AXS supports Headset Sharing, which enables a dispatcher to use a common headset for both radio and 911 communications and to quickly access basic 911 call taking functionality from CommandCentral AXS. This improves the dispatcher’s efficiency and accuracy when they have to concentrate on the radio dispatch GUI while handling 911 calls. 1.2.4 Auxiliary Inputs/Outputs The proposed console supports Global Auxiliary Inputs/Outputs (Aux I/O’s) for remote status indications or remote control through dispatch positions. Global Aux I/O’s are typically implemented by hardware that is independent of the dispatch positions in a system and may be accessible to multiple dispatch positions. Aux I/O Servers provide the Aux I/O feature for the consoles. 1.2.5 Standard Radio Transmission and Reception A typical proposed dispatch position has a headset and two speakers. One speaker is for selected audio and the second speaker is for all remaining unselected audio. Additional speakers can be added to a console allowing dispatchers to configure a specific speaker for a set of designated audio sources. This simplifies multitasking between multiple audio sources and allows flexibility in the way the audio is presented to the dispatcher. Receiving Calls from the Field and Other Dispatchers The proposed console provides dispatchers with greater flexibility for how to hear calls from field radio users and other dispatchers. Each dispatcher can define his or her own audio reception profile by selecting a single audio source, whether conventional or talkgroup, to be heard on a selected speaker or headset (Single Select). The dispatcher can also define groups of radio resources that can all be heard on a selected speaker or headset (Multi-Select). Initiating Calls to the Field and Other Dispatchers The dispatcher has several different ways of initiating a call. In most circumstances, a General Transmit is appropriate. With the General Transmit, the dispatcher selects a resource on the console and activates the transmission through a footswitch, headset transmit button, or a microphone transmit button. If the dispatcher needs to quickly transmit on a resource that is not selected, the dispatcher uses the Instant Transmit function. A safety switch is available, which prevents accidental activation of functions that may cause negative consequences. The safety switch can be used with Aux I/O’s and preprogrammed pages, as well as Instant Transmit switches. Audio Communication to the Field and Other Dispatchers The dispatcher can transmit audio in different ways. They can make calls to all users listening to a specific conventional radio resource or a specific trunking talkgroup. When multiple resources are required, the dispatcher can select additional talkgroups and/or conventional channels, as needed using the Multi-Select feature. CommandCentral AXS Dispatch Console Solution Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Page 10 City of Clearwater, FL March 10, 2025 AXS Consoles The proposed console also enables dispatchers to make private calls to individual field radio users or dispatchers. Once a private call is established, it can be patched in with another resource at the dispatcher’s discretion. Controlling Console Audio The proposed console offers dispatchers several different ways of controlling or muting the audio on their consoles, such as the following: ● Audio volume can be changed for any specific resource. ● All non-selected resources on the console can be muted for 30 seconds (All Mute) or unmuted, if already muted. ● A dispatcher can transmit on a resource while receiving audio from the same resource or other resources. ● A dispatch position can be configured to automatically mute the other dispatch audio on a shared resource to prevent acoustic feedback when a co-located dispatch position transmits. ● RF Cross Mute automatically mutes the receive audio from a specified channel when the dispatcher transmits on another specified channel to prevent acoustic feedback. Controlling Network Audio Dispatchers can control audio on the ASTRO® 25 network. The dispatcher can enable or disable radio users to compartmentalize traffic, reduce interruptions, and maintain communications between dispatch and the field. When this function is enabled or disabled, all dispatch consoles with this resource assigned are updated with the current status of the feature. This feature can be controlled from any dispatch position. 1.2.6 Emergency Radio Transmission and Reception As part of a mission-critical communications network, the proposed dispatch console facilitates immediate prioritization and resolution of emergency communications between Clearwater dispatch and first responders in the field. This enables dispatchers and first responders to focus on their mission and not their equipment, especially during critical situations. Receiving an Emergency Call When a user in the field or another dispatcher initiates an emergency call, the console emits both visual and audible indications (Emergency Alarm). The audible indication alerts the dispatcher that an emergency is underway; the visual indication directs the dispatcher’s attention to the specific resource making the emergency call. The dispatcher can immediately reserve a voice channel for the duration of the emergency. Responding to an Emergency Call A dispatcher can bypass the standard console interface to auto-open a quick list, which contains specific controls for recognizing an emergency call, initiating an emergency call, and ending an emergency call (Auto-Open of Quick List). The dispatcher can then recognize the emergency call, which ends the audible emergency indication and notifies all dispatchers that the emergency is being addressed (Emergency Recognize). CommandCentral AXS Dispatch Console Solution Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Page 11 City of Clearwater, FL March 10, 2025 AXS Consoles The audible emergency indication may also be muted by a dispatcher without recognizing the emergency alarm (Mute Tones at a Single Op). This can be used in a situation where one agency is monitoring a channel that belongs to another agency. That channel can be configured to not generate audible and/or visual emergency indications. Ending an Emergency Call When an emergency is over, the dispatcher can end the Emergency Alarm. The visual indication on the dispatch position GUI is removed, and the console informs the other dispatch positions that the emergency is over (Emergency End/ Knockdown). The emergency mode remains active on the initiating radio unit until it is ended (reset) by the radio user. 1.2.7 Radio Patch Control The dispatcher can patch communication between trunked and/or conventional radios that are normally unable to communicate with each other due to different features, programming, or even different frequency bands. A patch group is a group of linked resources that can both receive messages from a console and transmit to all other members of the patch group. Setting up a Standard Patch Patches are supported between trunked resources and/or conventional resources. After the patch is created, the dispatch position transmits all audio on one resource to all other resources in the patch group. In a patch between trunked resources, patched radio users with displays see the ID or alias of the other patched radio(s), as opposed to that of the console. This minimizes confusion and the need for the dispatcher to intervene in the call. Patches are automatically reestablished, if interrupted, so the dispatcher can concentrate on continuing operations. Predefined Patches Patches can be predefined and automatically reinitiated each time a dispatch position computer is restarted (Patch Auto-Start). 1.2.8 Call Management and Control The dispatcher can use the following functionality to manage and control audio for different types of calls between the dispatch position and radio users or other dispatchers. Automatic Prioritization of Calls Calls on the dispatch position are prioritized through a transmission hierarchy. Calls from primary supervisors take priority over those from secondary supervisors, which in turn take priority over non- supervisors. Instant Transmit or All-Points Bulletin (APB) transmissions, regardless of whether they are from a supervisor, take priority over general or patch transmissions. Multiple dispatchers can be designated as primary supervisors on the same system, which is useful when multiple agencies share one system. With the Network Manager Client installed, supervisors can disable and enable dispatch console functionality as needed. CommandCentral AXS Dispatch Console Solution Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Page 12 City of Clearwater, FL March 10, 2025 AXS Consoles Manual Prioritization of Calls System Access Priority Select allows a dispatcher to prioritize trunked resources on the system as either normal or tactical. A dispatcher can change the priority of a trunked resource to tactical to give the resource a better chance of gaining communication access on a busy system. Only emergency calls have a higher priority than tactical. When the System Access Priority Select status of a resource is changed, it is updated at all dispatch consoles in the systems that are monitoring that trunked resource. Using the Multi-Select Feature The Multi-Select feature allows a dispatch position to define groups of selected radio resources. When a Multi-Select group is opened, all of the resources in the group are simultaneously selected. Resources can be added or removed from a Multi-Select group while the group is open. The dispatcher can transmit on several resources simultaneously or can listen to multiple resources simultaneously in their headset or select speakers. Standard Call Indications The dispatch position indicates the availability of any given resource, regardless of whether the resource is involved in a transmission. An inbound call indication provides the dispatcher with a visual cue of audio activity on a radio resource and allows a dispatcher to see at a glance what the status of a resource is at any moment. Call Alerting A dispatcher can use Call Alert to page an unattended radio or dispatch position through a series of beeps and an indication of the sender’s ID. When available, the radio user or dispatcher sees the unit ID of the calling dispatch console or radio ID and is able to return the call. Additionally, a Call Alert can trigger an activity. For instance, a Call Alert may cause a vehicle’s horn to sound and its lights to flash. The dispatcher can even send a Call Alert to a user who is involved in voice and data communications over the network. 1.2.9 Enhanced Integrated Instant Recall Recorder (IRR) The Enhanced IRR is seamlessly integrated with the dispatch position’s software, allowing audio and call data from any radio or telephony resource to be recorded and easily played back. Call data includes PTT IDs, name of resource, start time and date, and stop time and date. Two analog inputs are available for use with recording audio from external devices. CommandCentral AXS Dispatch Console Solution Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Page 13 City of Clearwater, FL March 10, 2025 AXS Consoles 1.3 Audio Logging Subsystem The proposed console system includes a logging recorder subsystem that enables the recording and replay of audio and other information associated with real-time conversations over the network. These capabilities provide Clearwater personnel with clear audio and enough information to easily understand the context and content of any recorded transmission. In addition to recording audio, the logging recorder has the ability to capture the following information, if supported: ● Talkgroup and channel information ● User identification, such as unit ID and alias ● Call type, such as Talkgroup Call, Telephone Patch Call, and Emergency Call ● Non-voice events, such as Call Alerts, Radio Status Check, and Radio Message Upon playback, this information can be displayed and searched to retrieve a desired call. The logging recorder’s capacity is based on the number of radio transmissions it needs to record simultaneously, not on the number of channels that it can record. A call can be saved either as a complete call (audio and any information associated with the call) or as a simple .wav file. Files saved as complete calls must be played using the application included with the logging recorder. Files saved as .wav files can be played on any application that supports them. 1.3.1 Record and Replay of Archived Calls The logging recorder for Clearwater is an IP-based recorder that can record all IP traffic sent to it. It provides Clearwater with the capability to record audio at the same level of quality as that heard at the dispatch position. In addition, it can record information associated with the call beyond just the audio. A replay station can access recordings on multiple recorders, even ones that are not being used with AISs. This provides the user with a complete view of everything being recorded from a single point. 1.3.2 Management of Logging Recorder Subsystem Security and fault management for the logging recorder subsystem are configured and managed by a common administration application, residing on either a playback station or a dedicated PC. Administrative personnel can use the management controls of the logging recorder subsystem to configure how calls are recorded. On a global level, administrators can define which calls are recorded by which agency or department. On a more granular level, administrators can define the following recording behavior: ● Which talkgroups and conventional resources to record and which resources are critical. ● Whether secure calls are recorded. ● What access rights are assigned to replay station user accounts. ● What operational characteristics are assigned to the recorders (for example watermark limits for the recording media, or what to do when the recording media fills up). CommandCentral AXS Dispatch Console Solution Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Page 14 City of Clearwater, FL March 10, 2025 AXS Consoles 1.4 Protecting Consoles and Communications The console enables end-to-end encryption from the dispatcher to the ASTRO® 25 network, so that Clearwater’s communications will not be undermined by unencrypted transmissions. Each dispatcher is able to fully participate in secure communications while being confident that sensitive, vital information is not heard by unauthorized individuals. 1.4.1 Secure Access to the Console To use the dispatch position, a dispatcher must enter a valid radio system user account name and password. The dispatch position validates that information with the radio system’s network manager and allows the dispatcher to access only the resources for which the user has access rights. This also applies to third-party applications that use the dispatch console's API. 1.4.2 Secure Communications at the Console The console encrypts and decrypts radio voice messages. Thus, radio voice messages are encrypted from end-to- end between the radio user to the dispatch position. The dispatcher can choose whether to encrypt their transmissions on a particular trunked resource. Dispatchers can interface with agencies that have different encryption configurations without any manual intervention or delay. The AXS Console supports multiple encryption algorithms (AES, DES-OFB, and/or ADP) and multiple secure keys. The dispatchers may talk and listen on radio resources which have different encryption algorithms without any manual intervention or delay. The key material for performing audio encryption and decryption is stored locally on the console. This key material is also associated with a Common Key Reference (CKR), so that the appropriate key can be selected for a given talkgroup or a special call type. 1.4.3 Key Management via Key Variable Loader (KVL) Key management via a key variable loader (KVL) feature provides the ability to manage all the keys for an AXS Console or archiving interface server using only a KVL. CommandCentral AXS Dispatch Console Solution Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Page 15 City of Clearwater, FL March 10, 2025 AXS Consoles 1.5 Incorporating Console Configuration and Management The proposed console system is configured and managed by the same configuration manager, fault manager, and performance reporting applications as the radio system. The user can define exactly which resources are available and how they are presented to the dispatcher. This provides Clearwater with a single point for configuring and managing the entire ASTRO® 25 system. Changes are automatically distributed throughout the system. This centralized approach saves valuable time and effort for system administrators and technicians and reduces the errors that can occur when radio IDs and other data are entered at multiple locations. In addition, call traffic and performance reports for each dispatch position can be generated from the system’s network manager, enabling administrators to quickly and easily ensure optimal effectiveness and efficiency. 1.6 Dispatch Console Solution Components The proposed components are connected together and to the rest of the ASTRO® 25 system on an IP network through console site routers and switches. The console functions as an integrated component of the total radio system and fully participates in system-level features, such as end-to-end encryption. The console connects directly to the radio system’s IP transport network. Audio processing, encryption, and switching intelligence for dispatch are performed within each software- based dispatch position without additional centralized electronics. Since the network is IP-based, the system interfaces and components can be distributed physically throughout the network. Some of the available console components are identified below. 1.6.1 CommandCentral AXS Dispatch Console Operator Position The dispatch position supports multiple peripheral accessories, including a USB microphone, USB headset, and USB footswitch. The following list describes the components included in the proposed configuration. CommandCentral AXS Dispatch Console Solution Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Page 16 City of Clearwater, FL March 10, 2025 AXS Consoles Figure 3: CommandCentral AXS Dispatch Console Accessories Example Computer Display The dispatch position will use a 22-inch Computer Display. B1956 CommandCentral Hub (CC Hub) The CommandCentral Hub (CC Hub) is the platform on which the CommandCentral AXS Dispatch Console operates. The CC Hub contains a number of analog inputs and outputs for connecting various peripheral devices as well as a workstation class computer motherboard. The PC that is internal to the CC Hub will be programmed with a Microsoft Windows based operating system (OS) image developed for the dispatch application. Desktop Speakers Two (2) audio speakers have been included with each dispatch position and can be configured to transmit audio from a specific talkgroup or set of talkgroups. Each speaker is a self-contained unit, with individual volume controls, and can be placed on a desktop or mounted on a rack or computer display. Headset Jack The dispatch position supports up to two headset jacks, both push-to-talk (PTT) and non-PTT-enabled, for simultaneous use by the dispatcher and a supervisor. The headset jack contains two volume controls for the separate adjustment of received radio and telephone audio. Headset The proposed headset consists of two elements. The headset base includes an audio amplifier, a Push-to-Talk switch, and a long cord that connects to the dispatch position. The headset top consists of the earpiece and microphone as well as a short cable that connects to the headset base. Footswitch Each dispatch position includes a dual pedal footswitch that controls general transmit and monitor functions. CommandCentral AXS Dispatch Console Solution Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Page 17 City of Clearwater, FL March 10, 2025 AXS Consoles Telephone/Headset Interface Port The telephone/headset port provides a connection for an external telephone to the dispatch position. This allows the operator to use a single headset to communicate on both the radio system and an external telephone system. External Paging Encoder Port The external paging encoder port provides a connection for an optional external tone paging encoder to provide tone paging services via the dispatch console. Analog paging tones generated by the encoder are transmitted by the dispatch console on the selected trunked and/or conventional radio resource(s). Local Logging Recorder Port As an alternative or supplemental approach to an audio logging subsystem, the analog output port on the CommandCentral Hub allows an optionally available external logging recorder to be connected to a dispatch console. Long-term audio recording is used to record a portion of the inbound and outbound audio present on a specific dispatch position. These recordings are typically archived for long-term storage, and provide a historical record of the radio communications made at a given dispatch position. The analog output port can be configured to log any combination of these audio sources, such as: ● Audio received from a currently selected radio. ● Microphone audio being transmitted by this dispatcher to the currently selected or unselected radio resources. ● Any tones generated by the dispatch position that appear in its speakers (trunking tones, emergency tones, etc.) or tones generated by an external paging encoder. Private Aux I/O Port The dispatch console supports four Private Aux I/O relays located on the CommandCentral Hub of the dispatch position. Each relay can be configured to support any one of the five functions or it can be configured to be unused. ● Call on Selected Channel ● Op PTT ● Emergency Beacon ● Activate Private Relay when Public Aux I/O is Active ● Select Phone Off Hook Relay Redundant Ethernet Connection The optional redundant Ethernet connections increase console availability by protecting against the loss of multiple dispatch positions. In the event of a LAN switch failure, the system will automatically detect and switchover with no manual intervention required. Dispatching operations will not be interrupted. CommandCentral AXS Dispatch Console Solution Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Page 18 City of Clearwater, FL March 10, 2025 AXS Consoles Section 2 Console Configuration 2.1 Clearwater Proposed Configuration 2.1.1 Number of Dispatch Consoles and Locations The CommandCentral AXS dispatch console consists of the CommandCentral Hub running on a Windows Operating System, while the GUI is displayed on the Edgeweb browser. The proposed solution provides Clearwater with the following dispatch consoles at the indicated locations: Number of Dispatch Consoles Location Name 9 Clearwater PD 3 EOC 2.1.2 Dispatch Console Hardware The CommandCentral AXS dispatch console solution can be enhanced through dispatch peripherals, such as speakers, microphone, headset jack, and footswitch. These peripherals are designed for 24/7 usage without degradation in performance or reliability. The CommandCentral AXS dispatch console features the following hardware elements: ● CommandCentral Hub ● Monitor ● Speakers ● Microphone ● Headset jack box ● Footswitch Further accessory specifications are available at Motorola’s website. 2.1.3 Locations of Conventional Interfaces The proposed CommandCentral AXS solution for Clearwater provides the following conventional channel interfaces at the indicated locations. Conventional Channel Location Name DSC 8000 Conventional Site Controller Clearwater PD DSC 8000 Conventional Site Controller EOC CommandCentral AXS Dispatch Console Solution Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Page 19 City of Clearwater, FL March 10, 2025 AXS Consoles 2.1.4 Aux I/O Locations The proposed console supports Global Auxiliary Inputs/Outputs (Aux I/O’s) for remote status indications or remote control through dispatch consoles. Global Aux I/O’s are typically implemented by hardware that is independent of the dispatch console in a system and may be accessible to multiple dispatch consoles. Aux I/O Servers provide the Aux I/O feature for the consoles. The proposed CommandCentral AXS solution provides the following Aux I/O servers at the indicated locations. Aux I/O Location Name MC EDGE Clearwater PD MC EDGE EOC 2.1.5 Logging Solutions and Locations The proposed CommandCentral AXS solution provides the following logging solutions at the indicated locations. Number of Logging Solutions Location Name AIS Clearwater PD 2.1.6 AXS Services AXS support services are aligned with the MCC7500E support services. 2.1.7 All band Consolettes The APX All-Band Consolette provides a low-cost, mid-power wireless dispatch solution as an ideal complement to a modern P25 dispatch center. Equipped with leading edge P25 Phase 2 TDMA technology and multi-band interoperability, the APX All-Band Consolette can also be used as an emergency backup station when infrastructure is offline, or for wireless access to different system types for increased interoperability between agencies. One (1) Consolette is provided for each AXS Console. 2.1.8 Backhaul The City will provide the fiber connection from each console location back to the Pinellas County core backhaul. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 20 City of Clearwater, FL March 10, 2025 AXS Consoles Section 3 Statement of Work The document delineates the general responsibilities between Motorola and City as agreed to by contract. 3.1 Motorola General Responsibilities Motorola’s general responsibilities include the following: ● Install the Motorola-supplied equipment described in this proposal. ● Schedule the implementation in agreement with the City ● Coordinate the activities of all Motorola subcontractors under this contract ● Administer safe work procedures for installation ● Provide specifications for the appropriate system interconnects 3.1.1 Training Motorola is including to the City of Clearwater an exclusive training course single enrollment, regarding the operation of their new AXS consoles. This AXS course is intended to educate a member of your staff who can then assist their peers in learning about the AXS operation from first-hand experience. This is referred to as “Train the Trainer”, and is often used by Motorola customers who seek to develop an in-house subject matter expert who can then assist in suggesting how to expand the training they received most effectively to additional users. Motorola also offers additional training platforms and content for the AXS consoles beyond this course, but this is considered a good introductory course. Course AST0091: Command Central AXS Dispatch console operation, is a 4 hour live-training class taught at various locations and times during the year. This course provides a user with an introduction to the Command Central AXS dispatch console, its basic operation and tailored job aids which will be available for assistance in administration. Through facilitation and hands-on activities, the user learns how to perform common tasks associated with the console administration. The user will be able to operate, administer and configure a CommandCentral AXS Dispatch position for daily use within an organization. The target audience is dispatch console administrators and/or console service personnel. By the end of the course, the user should be able to: ● Describe the purpose of the CommandCentral AXS Dispatch application ● Identify the hardware components that make up the dispatcher position ● Identify elements that make up the menu and toolbar structure within the Dispatch software ● Perform administrator operations such as configuring dispatch screen layouts and configure various peripheral devices for use with a dispatch position (e.g., speakers, microphone, headsets, footswitch) . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 21 City of Clearwater, FL March 10, 2025 AXS Consoles 3.1.2 Console Installation Motorola Responsibilities: ● Install the console in the space provided by the City. ● Connect the City-supplied, previously identified circuits into the console, to a demarcation point located within 25 feet of the console interface. ● Terminate the audio outputs for the logged talkgroups onto a punchblock, and then terminate these outputs into the logging recorder. ● Install a dedicated Local Area Network (LAN) at each dispatch center to connect the proposed console positions. ● Connect the appropriate equipment to the City-supplied ground system in accordance with Motorola’s R56 Site Installation standards. (if City-provided) ● Perform the console programming based on the console templates designed during the fleetmapping process. ● For consoles not located at the prime site additional network link resources will be required as identified in the network diagram provided by Motorola. City Responsibilities: ● Provide demarcation point located within 25 feet of the console interface. 3.1.3 Control Station Installation Motorola Responsibilities: ● Properly connect and ground the cabling which will be run to the outdoor antenna location. ● Protect the cabling by providing and installing a bulkhead lightning surge protector. ● Survey the exact mounting locations and develop control station installation plan. ● Perform the following tasks for the local control stations installations:  Create installation plan.  Assist the City to determine the locations of control stations and desk sets.  Install RF local control stations identified in the equipment list. Install line (not greater than 100 feet in length) and antenna system (connectors, coax grounding kit, antenna, and surge protection).  Connect to the City-supplied ground point. City Responsibilities: ● Provide ground point within 6 cable feet of the control station. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 22 City of Clearwater, FL March 10, 2025 AXS Consoles ● Provide necessary space for installation of the local control station. Supply, exterior or internal, vertical spaces for installation of the control station antenna with no more than a 100-foot cable run. ● Provide an elevated antenna mounting location. ● Supply a dedicated 115 VAC grounded electrical outlet rated at 15 A to power the control station and remote control device. Provide an outlet within 6 feet of the unit. ● Supply a ground point of 5 ohms or less located in the immediate vicinity (within 6 feet) of the finalized location of the antenna and control station. ● Provide antenna-mounting facilities at each of the RF control station points specified, while providing an adequate means of feed-line routing and support. 3.2 Civil Work 3.2.1 Development at Clearwater PD Site ● Engineering services for site drawings and regulatory approvals – Included. ● Site acquisition services – Not included. ● Zoning Services – Not included. ● Existing Building to be used for antennas – 60 '. Motorola Responsibilities: Site Engineering ● Conduct site walks to collect pertinent information from the sites (e.g., location of Telco, power, existing facilities, etc.). ● Preparation, submission and tracking of application for local permit fees (electrical, building etc.) and procurement of information necessary for filing. Permit and Preparation Responsibilities ● Obtain the permits such as electrical, building, and construction permits, and coordinate any inspections with local authorities that may be needed to complete site development work. ● Site Preparation Work: Provide one-time mobilization costs for the construction crews. Any remobilization due to interruptions/delays that are out of Motorola's control will result in additional costs. Existing Facility Improvement Work ● Supply and install 16 20-amp breakers in the distribution panel and wire to outlets located on an average within 35 cable feet. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 23 City of Clearwater, FL March 10, 2025 AXS Consoles ● Install 2-8-outlet distribution (OP8) and wire each outlet to individual breaker. City Responsibilities: ● Confirm that the existing generator is sufficient to support the new equipment and ancillary equipment loads. ● If required, remove or relocate any existing facilities, equipment, and utilities to create space for new site facilities and equipment. ● If required, provide any physical improvements (walls, roofing, flooring, painting, etc.) necessary to house the equipment in the existing room. ● Provide backup power (UPS / Generator) for the new equipment, and UPS sub-distribution panel(s) with breakers wired to dedicated outlets above the proposed equipment locations. ● Upgrade the existing grounding and transient voltage suppression systems to Motorola's current R56 Standards, and supply a single point system ground, of ten (10) ohms or less, to be used on all fixed equipment supplied under this proposal. Supply a grounding tie point within ten (10) feet of the-Motorola-supplied equipment. ● Supply required UPS Power to support the additional proposed equipment. This uninterruptible power source shall be adequate to back-up all radio equipment as well as future equipment growth. ● Supply dedicated 20 Amp simplex A. C. outlets at for each major piece of proposed equipment within six (6) feet of the equipment location wired to individual breakers in distribution panels. ● Provide support and entry facilities for the cables (cable ladder/chase way, entry ports, etc.) between the proposed equipment locations. ● Secure power connection to the room, associated permitting, and installation of a meter and disconnect within 50 feet of the proposed shelter location. Assumptions ● Pricing has been based on National codes such IBC or BOCA. Local codes or jurisdictional requirements have not been considered in this proposal. ● Hazardous materials are not present at the work location. Testing and removal of hazardous materials, found during site investigations, construction or equipment installation will be the responsibility of the City. ● A maximum of 30 days will be required for obtaining approved building permits from time of submission. ● The existing ground system and soil resistivity at the site is sufficient to achieve resistance of 10 ohms or less. Communication site grounding will be designed and installed per Motorola’s R56 standards. ● The site will have adequate room for installation of proposed equipment, based on applicable codes and Motorola’s R56 standards. ● The floor can support the proposed new loading. Physical or structural improvements to the existing room will not be required. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 24 City of Clearwater, FL March 10, 2025 AXS Consoles Section 4 NICE Logger Interface The proposed system builds upon Motorola Solution’s ASTRO 25 architecture by combining the open standards of Project 25 (P25) with distributed architecture and IP-based addressing. The system will provide Clearwater with reliable voice communications on a future-ready platform. 4.1 Logging Solution Design Highlights ● This proposal includes the addition of six (6) Inform licenses to the existing Clearwater PD Inform Pro 10 system, as well as implementation of a IP Radio Logger/LBS to the Clearwater PD solution. The following are our understandings of how to implement the overall solution. ● Clearwater already has an all-in-one 39-channel Inform Pro 10 system running on an ML- 350/G10 server:  Twenty-Four (24) Radio channels for L3Harris radio  Fifteen (15) Telephony channels ● Clearwater is moving to a Motorola P25 (A2022) solution. A repurposed 30-channel DL- 360/G10 server, once at Pinellas Park PD, will become the IP Radio Logger to interface the Motorola AIS on the RNI at Clearwater PD. Clearwater will eventually have a 45-channel Inform Pro 10 solution. [30 radio channels, 15 telephony channels] ● Clearwater PD uses Evidence Compliance and QA/Evaluator applications within Inform. This proposal includes adding six (6) more licenses for each of these applications, bringing the total to 45. ● Thirty (30) P25 APCO premium channel license fees are fully discounted but appear as a line item to associate them with the Clearwater Inform solution. (APCO P25 Premium licenses originated at Pinellas Park PD.) 4.1.1 NICE IP Logging The NICE IP Logging Recorder is the server that stores all the call control information and vocoded audio packets associated with each call that it receives from the Archiving Interface Server (AIS). The system administrator specifies the talkgroups and conventional channels that are recorded so that the information can be easily retrieved when it is needed. The AIS is the interface that sits between Clearwater’s radio system and the NICE IP Logging Recorder, making it possible to record calls and call-related data. You need one AIS for each logging recorder. The AIS also monitors the resources specified, passes call-control information to the logging recorder, and redirects audio from monitored channels to the logging recorder. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 25 City of Clearwater, FL March 10, 2025 AXS Consoles The NICE IP Logging Recorder has the same capacity as the AIS and can handle up to 120 simultaneous calls, including trunked talkgroups and conventional channels. Types of calls recorded include the following: ● Announcement group calls. ● Site-wide group calls. ● Talkgroup calls. ● Analog and digital conventional calls via a digital conventional channel gateway. ● Emergency on trunking/digital conventional. Assumptions and Responsibilities Motorola Solutions has identified the following assumptions and responsibilities during the development of the system’s technical and service design for this budgetary estimate. These are based upon our understanding of Clearwater’s system requirements and the services to be provided. Motorola Solutions has documented these assumptions and responsibilities to avoid ambiguities, and ensure that we share a common understanding of all conditions and responsibilities. As part of the process leading to a final system design and implementation plan, we welcome Clearwater’s comments and suggested changes to the identified assumptions and responsibilities. Motorola Solutions has made the following design and implementation assumptions in the development of this budgetary estimate: ● Unless specifically stated otherwise herein, this proposal does not address modifications, upgrades, or repairs to any existing equipment; site civil work; tower construction; or other building installations or renovations that may be required to prepare the sites for equipment installation. ● Pinellas Park PD recorder is physically at Pinellas Park PD, it will be upgraded while at Pinellas Park PD center. ● The recorder would first be upgraded while at Pinellas 911…no upgrades of servers or equipment AFTER moved physically to Clearwater. ● Currently the logging recorder that will be redeployed is network connected to Pinellas County Radio System at the PSC to maintain logging history for 90 days. ● Clearwater currently has an Inform 10 server [NIR ML350/G10] and will remain as G10. The server at Pinellas Park PD is a G9 and will move to DL360/G10 [IP radio logger server] as part of migration will be at RNI. The G10 are still available for migrations. ● Currently Clearwater is on a L3Harris core for radio logging, therefore Clearwater will migrate to a Pinellas Motorola CORE for radio logging [note: migrating ASTRO SR in October to A2022.1] ● Pinellas has requested the audio stay in place and active for 3 months (90 days), so we do NOT need to quote legacy database migration. We expect these 90 days or up to 6 months [started July 1st] so 6 months would expire by end of December. The Pinellas Park PD has stopped recording new audio, and it is only used for audio retention. ● Redeploy the upgraded AIS already at PPPD, which will be relocated to Clearwater PD . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 26 City of Clearwater, FL March 10, 2025 AXS Consoles ● Fifteen (15) INFORM licenses are full price and will be required to be paid for in the new quote [no credit]. ● Thirty (30) radio licenses (credit 30 from Pinellas, add 30 for Clearwater) so net zero cost. ● Twenty-four (24) L3Harris logger channels licenses will be abandoned [no credit]. ● Fifteen (15) new licenses are required to be purchased by Clearwater through Motorola, so the licenses are shown to be owned and maintained only by Clearwater. ● It is Motorola’s understanding and expectation that Pinellas will negotiate with WORD SYSTEMS to provide a similar telephony solution for Clearwater, since Pinellas also uses WORD SYSTEMS themselves today. Reuse of any existing desktop server by Clearwater PD currently supplied by WORD SYSTEMS will be discussed post-sale as telephony is not included in this quote. The existing contractual agreements between WORD SYSTEMS and Clearwater are with a different vendor, and hence outside the scope of this quote. Details regarding WORD SYSTEMS are possible after Clearwater and Pinellas migrate to logging support services through Motorola Solutions, and so discussions about "expansion" would be after this quote is purchased. Motorola Solutions looks forward to assisting both Clearwater and Pinellas with this telephony expansion. Motorola Responsibilities: Motorola Solutions will assume responsibility for the installation and performance of the proposed system described in the Technical Description section of this document. The services and deliverables we will provide to implement the proposed system are described in the System Integration section. Motorola and NICE are committed to City satisfaction. Upon completion of the ITP, if Clearwater is not satisfied with the implementation, then any issues will be addressed by NICE Support, rather than NICE/City Implementation team. NICE will make every effort to accommodate an implementation schedule requested by the City, but NICE cannot guarantee availability of resources for the required dates when the services PO is received less than 8 weeks from the day required on-site. City Responsibilities: Clearwater will assume responsibility for the installation and performance of all other equipment and work necessary for completion of this project that is not provided by Motorola Solutions. ● Obtain and provide zoning approvals, permits, and lease agreements for all of the proposed sites and locations as required. ● Obtain and provide authorized frequencies. ● Provide adequate space for the system equipment. ● Provide site acquisition and development, electrical work, HVAC, grounding systems, provisioning of emergency power systems (e.g. backup generators), cable entry panels, wall penetrations and core drilling, and support equipment for cable runs (e.g. cable tray, ice-bridge, conduit). . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 27 City of Clearwater, FL March 10, 2025 AXS Consoles ● Provide network connectivity as described in the Technical Description section. ● Perform structural analysis of existing tower and rooftops, as required, to confirm that the structure is capable of supporting proposed and future antenna loads. ● Provide storage for the system equipment at Clearwater installation. ● Provide power and an operating environment that allows the hardware to function within factory specifications and tolerances. ● Ensure the availability and proper function of all audio for recording up to and including the demarcation point. ● Ensure the availability and proper function of any data feeds being utilized for capture by the recording system including but not limited to ANI/ALI, Caller ID, CTI, etc. up to and including the demarcation point whether hard point or LAN based. ● Wiring up to and including the demarcation point to include audio signaling, network and antennae (if required). ● Provide detailed schematic of infrastructure, including details of all routers/switches for the data network relating to the recorder system and the mapping of phone lines in the system. ● Notify NICE of any compulsory Site Safety induction required for site access and/or any compulsory server hardening policies PRIOR TO TAKING A PURCHASE ORDER. Otherwise, this will be determined as being out of scope. ● NICE recording hardware is designed for use with standard 19” four (4) post racks using a NICE supplied rail kit. Electrical connectors for all NICE recording systems are standard NEMA 5- 15P, 3-wire, non-locking, straight blade, grounded plugs. ● To ensure operation during a power failure, all recording equipment associated to the recording process should be protected by an Uninterruptible Power Supply (UPS). It is also recommended that the dual power supplies on the NICE supplied servers be connected to separate circuits for added protection, with UPS backup to provide enough power to associated equipment for a minimum of five (5) minutes subsequent to loss of power. ● Responsible for all data network infrastructure not purchased from NICE including (but not limited to) switches, hubs, bridges, routers, firewalls, external caching devices and cabling. ● NICE recorders and servers require a static IP address for each device. ● Provide one network connection (minimum CAT5e/RJ45 cable) for each system component requiring network access. ● LAN/WAN latency is assumed to be less than 30 milliseconds. ● Automated system processes such as automatic installation of patches, application pushes, automated anti-virus updates, etc. are not to be run on logging system components (loggers, servers, etc.), unless specifically addressed in a separate SOW documentation. ● Responsible for any Port spanning/mirroring or packet duplication to facilitate passive VOIP recording. ● Responsible for any configuration of duplicate audio/SIP streams for “2N” or secondary recording system. ● The proposed Solution provides storage internal to the logger. Unless specifically stated, NICE makes no claim as to the retention period (measured in the number of days) which this Solution will support. For example, if an IP Radio Logger can store up to 150,000 hours of digitally . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 28 City of Clearwater, FL March 10, 2025 AXS Consoles trunked radio audio. NICE can make no claim as to how many days this will be as it is entirely dependent on the amount of audio the City generates each day. ● The solution includes a SQL database (with appropriate SQL licensing) for each logger. It is the responsibility of the City to back-up these databases on a regular basis. ● The storage in the recorder for SQL database tables is not unlimited. If City retention requirements are measured in years rather than months, it is the responsibility of the City to raise this subject with NICE prior to the final system configuration. This will help ensure the City receives a solution that will meet retention requirements. ● Archiving to network storage, the LAN/WAN latency in the network is assumed to be less than thirty (30) milliseconds. ● Any network storage used for archiving becomes the primary storage for playback of audio. It is the City responsibility to ensure that City provided storage is designed to last for the media retention period required. ● If parallel recording is included in this proposal, it will be the responsibility of the City to provide all duplicate/parallel connectivity and data feeds to enable the second/parallel system to capture the desired audio and associated data. ● NICE is not responsible for the moving or removal of legacy recording system. ● City is responsible for more than the one supplied by Motorola replay workstations unless specifically stated otherwise. ● City will identify designated internal IT/Telephony/Network staff dedicated to the implementation of the Solution, in writing, prior to the commencement of the on-site implementation. ● For the installation/implementation of product, the City is responsible for notifying the identified NICE Point of Contact (POC) in writing at least seventy-two (72) hours in advance of schedule change or cancellation of services. Exception: Training (see Training section above). ● City will ensure that all radio, dispatch, telephony and network systems are available and fully operational prior to the arrival of the NICE equipment. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 29 City of Clearwater, FL March 10, 2025 AXS Consoles Figure 4: Diagram of the proposed NICE logging solution . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 30 City of Clearwater, FL March 10, 2025 AXS Consoles Section 5 Service/Warranty 5.1 Dispatch Service This service is provided 24x7x365 as the single point of contact for all service issues. One phone call to the SSC (System Support Center) and the system response and restoration process begins immediately. A case is opened up and the dispatching of trained technicians will begin. An automated escalation and case management process is followed to ensure the technician arrives and system restoration occurs. 5.1.1 Remote Technical Support This service is provided 24x7x365 and provides an additional layer of support through centralized telephone consultation for issues which require a higher level of communication network expertise and troubleshooting capabilities. The technologists work closely with the field service team to ensure resolution of all system issues. 5.1.2 Infrastructure Board Repair with Advanced Replacement Infrastructure Repair with our Advanced Replacement upgrade supplements your spares inventory with Motorola’s centralized inventory of critical equipment. In advance of Motorola repairing the malfunctioning unit, a replacement unit is sent to you within 24 hours to ensure a spare unit is available. Upon receipt of the malfunctioning unit, Motorola repairs the unit and replace it in our centralized inventory. Motorola provides repair of all Motorola-manufactured equipment, as well as equipment from third-party infrastructure vendors. Repair management is handled through a central location eliminating the need to send equipment to multiple locations. Comprehensive test labs can replicate the network in order to reproduce and analyze the issue. State-of-the-art repair tools enable Motorola’s technicians to troubleshoot, analyze, test, and restore the equipment to the original performance specifications. 5.1.3 On Site Infrastructure Response This service is provided 24x7x365 and provides local, trained and qualified service technicians who arrive on site to diagnose and restore communication issues on your radio system. The SSC Dispatching service will contact your local service team and will respond based on the severity level the case was opened as. The field technician performs first-level troubleshooting, provides information regarding the system condition, removes any failed component for repair, and reinstalls new or reconditioned components. If the technician is unable to resolve the issue, the case is escalated to the SSC for additional Technical Support. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 31 City of Clearwater, FL March 10, 2025 AXS Consoles 5.1.4 Network Preventative Maintenance Network Preventative Maintenance service provides a scheduled operational test (health check) and alignment of the radio system. The purpose of preventive maintenance testing is to ensure that all equipment meets original manufacturer specifications and to confirm that all critical subsystems in the network are fully operational. The Preventative Maintenance check can help identify faulty system and subsystem components, such as controllers, base stations, routers, and switches, which can lead to major site or system outages if left unchecked. Upon completion, test results will be submitted to the customer and kept as part of the ongoing maintenance records for the system. Preventative Maintenance testing is performed annually and scheduled through the Dispatch Operations team at the SSC. 5.1.5 Security Update Service The Security Update Service assures commercial anti-virus definitions, operating system patches, and Intrusion Detection Sensor signature files are compatible with your ASTRO 25 system and do not interfere with the system functionality. Commercial security software updates are often designed without RF systems in mind and could cause inadvertent harm to your radio network, disrupting mission-critical communications, and putting your first responders and citizens at risk. Our expert network security technologists analyze, perform testing, and validate the latest security software updates in a dedicated test lab and provide continuous monitoring of updates to provide you regular electronic updates upon completion of successful testing. Anti-virus definition updates are tested and released within one week and critical anti-virus updates are available within 24 hours. Pre-tested updates are posted on our Motorola secure extranet site when they are available to be downloaded and deployed, with the assurance that the updates will be safe and compatible with your ASTRO 25 network. 5.1.6 Network Event Monitoring Real-time, continuous ASTRO® 25 radio communications network monitoring and event management. Using sophisticated tools for remote monitoring and event characterization, Motorola will assess events, determine the appropriate response, and initiate that response. Possible responses include remotely addressing the issue, escalation to product technical support groups, and dispatch of designated field technical resources. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 32 City of Clearwater, FL March 10, 2025 AXS Consoles Section 6 Equipment List 6.1 Clearwater Police Department & EOC Site ● Nine (9) AXS console with accessories ● Three (3) AXS Consoles for EOC ● Nine (9) control stations with antenna network ● Three (3) controls stations with antenna network ● One (1) playback station ● One (1) NICE Logger recorder interface ● MPLS router interface ● One (1) set of system spares Line # Item Number Sourcewell Description Item Qty Unit List Price Extended List Price Source well Discount % Sourcewell Discount Price AXS Consoles 1. DSEC450 Dispatch Consoles COAXIAL CABLE, 1/2" 50 OHM CORRUGATED COPPER WITH BLACK PE JACKET 15 $4.00 $60.00 15% $51.00 2. DS4310M50V12N1 Dispatch Consoles CONNECTOR, 4.3-10 MALE INTERFACE FOR EC4-50 2 $34.00 $68.00 15% $57.80 3. DSWKU Dispatch Consoles WK-U, UNIVERSAL WEATHERPROOFING KIT 2 $54.25 $108.50 15% $92.22 4. DSEC450 Dispatch Consoles COAXIAL CABLE, 1/2" 50 OHM CORRUGATED COPPER WITH BLACK PE JACKET 300 $4.00 $1,200.00 15% $1,020.00 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 33 City of Clearwater, FL March 10, 2025 AXS Consoles 5. DS4310F50V12N1 Dispatch Consoles CONNECTOR, 4.3-10 FEMALE INTERFACE FOR EC4-50 2 $33.65 $67.30 15% $57.20 6. DSGKNS Dispatch Consoles STANDARD GROUND KIT FOR 1/2" (15.5- 16.5MM) EW180,WE191 & E185 CABLE, INCLUDES 5' LEAD WITH UNATTACHED 3/8" 2-HOLE LUG 6 $43.13 $258.78 15% $219.96 7. DSHG12L Dispatch Consoles PRE-LACED HOISTING GRIP FOR 1/2" STANDARD CABLES, EACH 2 $27.43 $54.86 15% $46.64 8. DSBH12 Dispatch Consoles BH-12 BUTTERFLY HANGER FOR 1/2 AIRCELL COAX,PKG OF 10 10 $73.03 $730.30 15% $620.80 9. DSTSX4310FMP Dispatch Consoles 4.3-10 M/F BULKHEAD COAX RF SURGE PROTECTOR, 698MHZ - 2.7GHZ PIM 1 $230.00 $230.00 10% $207.00 10. DSBF4310 Dispatch Consoles KIT FLANGE/BLKH ADAPTER 4.3-10 1 $46.86 $46.86 10% $42.17 11. DSEC450HF Dispatch Consoles COAXIAL CABLE, 1/2" HIFLEX, 50 OHM WITH BLACK PE JACKET 15 $4.00 $60.00 15% $51.00 12. DS4310M50B12X Dispatch Consoles CONNECTOR, 4.3-10 MALE INTERFACE FOR EC4-50-HF 2 $49.83 $99.66 15% $84.72 13. DSEC450 Dispatch Consoles COAXIAL CABLE, 1/2" 50 OHM CORRUGATED COPPER WITH BLACK PE JACKET 15 $4.00 $60.00 15% $51.00 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 34 City of Clearwater, FL March 10, 2025 AXS Consoles 14. DS4310M50V12N1 Dispatch Consoles CONNECTOR, 4.3-10 MALE INTERFACE FOR EC4-50 2 $34.00 $68.00 15% $57.80 15. DSWKU Dispatch Consoles WK-U, UNIVERSAL WEATHERPROOFING KIT 2 $54.25 $108.50 15% $92.22 16. DSEC450 Dispatch Consoles COAXIAL CABLE, 1/2" 50 OHM CORRUGATED COPPER WITH BLACK PE JACKET 200 $4.00 $800.00 15% $680.00 17. DS4310F50V12N1 Dispatch Consoles CONNECTOR, 4.3-10 FEMALE INTERFACE FOR EC4-50 2 $33.65 $67.30 15% $57.20 18. DSGKNS Dispatch Consoles STANDARD GROUND KIT FOR 1/2" (15.5- 16.5MM) EW180,WE191 & E185 CABLE, INCLUDES 5' LEAD WITH UNATTACHED 3/8" 2-HOLE LUG 5 $43.13 $215.65 15% $183.30 19. DSHG12L Dispatch Consoles PRE-LACED HOISTING GRIP FOR 1/2" STANDARD CABLES, EACH 1 $27.43 $27.43 15% $23.32 20. DSBH12 Dispatch Consoles BH-12 BUTTERFLY HANGER FOR 1/2 AIRCELL COAX,PKG OF 10 7 $73.03 $511.21 15% $434.56 21. DSTSX4310FMP Dispatch Consoles 4.3-10 M/F BULKHEAD COAX RF SURGE PROTECTOR, 698MHZ - 2.7GHZ PIM 1 $230.00 $230.00 10% $207.00 22. DSBF4310 Dispatch Consoles KIT FLANGE/BLKH ADAPTER 4.3-10 1 $46.86 $46.86 10% $42.17 23. DSEC450HF Dispatch Consoles COAXIAL CABLE, 1/2" HIFLEX, 50 OHM 15 $4.00 $60.00 15% $51.00 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 35 City of Clearwater, FL March 10, 2025 AXS Consoles 24. DS4310M50B12X Dispatch Consoles CONNECTOR, 4.3-10 MALE INTERFACE FOR EC4-50-HF 2 $49.83 $99.66 15% $84.72 25. SQM01SUM0323A Dispatch Consoles ASTRO MASTER SITE 1 $0.00 $0.00 0% $0.00 26. CA03517AD Dispatch Consoles ADD: CORE EXPANSION 1 $0.00 $0.00 0% $0.00 27. UA00156AA Dispatch Consoles ADD: 5 CONSOLE OPS: AXS, MCC7500/E AND AIS 2 $5,000.00 $10,000.00 20% $8,000.00 28. UA00674AA Dispatch Consoles ADD: 1 CONSOLE OP: AXS, MCC7500/E OR AIS 3 $1,500.00 $4,500.00 20% $3,600.00 29. T8476B Dispatch Consoles KVL 5000 1 $7,800.00 $7,800.00 5% $7,410.00 30. CA00182AW Dispatch Consoles ADD: AES ENCRYPTION SOFTWARE 1 $0.00 $0.00 0% $0.00 31. CA03358AA Dispatch Consoles ADD: ASTRO 25 MODE 1 $0.00 $0.00 0% $0.00 32. CA03467AA Dispatch Consoles ADD: NORTH AMERICA MICRO USB CHARGER 100--240V 1 $0.00 $0.00 0% $0.00 33. X423AG Dispatch Consoles ADD: DES--DES-XL-- DES-OFB ENCRYPTION 1 $825.00 $825.00 5% $783.75 34. CA00243AJ Dispatch Consoles ADD: ADP PRIVACY 1 $330.00 $330.00 5% $313.50 35. X769AE Dispatch Consoles ADD: DVP-XL ENCRYPTION SOFTWARE 1 825 $825.00 5% $783.75 36. HA00673AA Dispatch Consoles ADD: 5YR ESSENTIAL 1 $500.00 $500.00 0% $500.00 37. HKVN4729A Dispatch Consoles AXS DISPATCH CONSOLE LICENSE 9 $7,900.00 $71,100.00 15% $60,435.00 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 36 City of Clearwater, FL March 10, 2025 AXS Consoles 38. HKVN4730A Dispatch Consoles LICENSE,AXS TRUNKING SERVICES LICENSE 9 $6,600.00 $59,400.00 15% $50,490.00 39. HKVN4731A Dispatch Consoles LICENSE,AXS ADVANCED CONVENTIONAL SERVICES LICENSE 9 $3,960.00 $35,640.00 15% $30,294.00 40. HKVN4732A Dispatch Consoles LICENSE,AXS SECURE VOICE SERVICES LICENSE 9 $6,681.00 $60,129.00 15% $51,109.65 41. HKVN4733A Dispatch Consoles LICENSE,AXS INTEGRATED IRR 9 $3,200.00 $28,800.00 15% $24,480.00 42. HKVN4736A Dispatch Consoles LICENSE,AXS AMBE+2 VOCODER ROYALTY AND LICENSE 9 $50.00 $450.00 15% $382.50 43. HKVN4737A Dispatch Consoles LICENSE,AXS STANDARD LEVEL RADIO RESOURCE CAPACITY LICENSE 9 $20,700.00 $186,300.00 15% $158,355.00 44. B1957A Dispatch Consoles AXS SOFTWARE DVD 9 $250.00 $2,250.00 15% $1,912.50 45. SQM01SUM0342A Dispatch Consoles CCHUB W/INTERNAL ENCRYPTION HW 9 $0.00 $0.00 0% $0.00 46. B1956A Dispatch Consoles COMMANDCENTRAL HUB, W/CLIENT PC 9 $5,250.00 $47,250.00 15% $40,162.50 47. CA03850AA Dispatch Consoles ADD: WINDOWS OS FOR MCC7500E CONSOLE 9 $700.00 $6,300.00 15% $5,355.00 48. CA03553AA Dispatch Consoles ADD: AC LINE CORD, NORTH AMERICA 9 $13.00 $117.00 15% $99.45 49. CA03547AA Dispatch Consoles ADD: BRACKET, MOUNTING 2RU 9 75 $675.00 5% $641.25 50. CA03583AA Dispatch Consoles ADD: FOUR CABLES, POWER 24VDC 9 150 $1,350.00 5% $1,282.50 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 37 City of Clearwater, FL March 10, 2025 AXS Consoles 51. CA03572AA Dispatch Consoles ADD: CABLE RETENTION BRACKET 9 65 $585.00 5% $555.75 52. CA04101AA Dispatch Consoles ADD USB HSM KEY STORAGE 9 $0.00 $0.00 0% $0.00 53. CA04101AA-P Dispatch Consoles ADD USB HSM KEY STORAGE PRICE 9 $16,386.00 $147,474.00 15% $125,352.90 54. DSTG221B Dispatch Consoles TECH GLOBAL EVOLUTION SERIES 22INCH NON TOUCH 9 $1,998.00 $17,982.00 15% $15,284.70 55. T8742A Dispatch Consoles MCAFEE FOR WINDOWS CLIENT, A2019.2 +PLUS 9 $165.00 $1,485.00 15% $1,262.25 56. T8806A Dispatch Consoles WINDOWS SUPP. TRANSPARENT, A2022.1 9 $0.00 $0.00 0% $0.00 57. DSUSB31000S Dispatch Consoles STARTECH USB 3.0 TO GIGABIT ETHERNET ADAPTER 9 $41.00 $369.00 15% $313.65 58. DSF2B56AA Dispatch Consoles USB EXTERNAL DVD DRIVE 4 $172.00 $688.00 15% $584.80 59. CLN9066A Dispatch Consoles SWITCH,SWITCH,EX4 100 24-PORT SWITCH NON TAA 2 $5,205.88 $10,411.76 10% $9,370.58 60. T8492A Dispatch Consoles SITE ROUTER & FIREWALL- AC 2 $2,091.00 $4,182.00 10% $3,763.80 61. CA03445AA Dispatch Consoles ADD: MISSION CRITICAL HARDENING 2 $3,300.00 $6,600.00 10% $5,940.00 62. CA03448AA Dispatch Consoles ADD: STATEFUL FIREWALL 2 $1,000.00 $2,000.00 10% $1,800.00 63. TRN7343A Dispatch Consoles RACK 7.5' 1 $632.50 $632.50 15% $537.63 64. DSOP820B Dispatch Consoles PDU, 120V HARDWIRE (8) 20A OUTLET PDU WITH 2 $1,396.60 $2,793.20 10% $2,513.88 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 38 City of Clearwater, FL March 10, 2025 AXS Consoles TYPE 3 SAD PROTECTION 65. DS1101378 Dispatch Consoles RACK MT ADAPTER PLATE, 19 IN FOR DSOP820B, DSOP820B2 & DSNSOP820B 2 $74.71 $149.42 10% $134.48 66. DS1101990 Dispatch Consoles SPD, SHIELDED RJ-45 JACK, SINGLE LINE GBE (1000MBPS) R56 COMPLIANT 1 $169.49 $169.49 10% $152.54 67. DSTSJADP Dispatch Consoles RACK MOUNT GROUND BAR, 19 IN FOR TSJ AND WPH SERIES DATA SPDS 1 $120.74 $120.74 10% $108.67 68. B1933A Dispatch Consoles MOTOROLA VOICE PROCESSOR MODULE 1 $11,920.00 $11,920.00 15% $10,132.00 69. CA00147AF Dispatch Consoles ADD: MCC 7500 SECURE OPERATION 1 $4,290.00 $4,290.00 15% $3,646.50 70. CA00288AB Dispatch Consoles ADD: MCC 7500 AIS SOFTWARE LICENSE 1 $19,880.00 $19,880.00 15% $16,898.00 71. CA00143AC Dispatch Consoles ADD: DES-OFB ALOGRITHM 1 $990.00 $990.00 15% $841.50 72. CA00182AB Dispatch Consoles ADD: AES ALOGRITHM 1 $990.00 $990.00 15% $841.50 73. CA00245AA Dispatch Consoles ADD: ADP ALGORITHM 1 $990.00 $990.00 15% $841.50 74. CA00140AA Dispatch Consoles ADD: AC LINE CORD, NORTH AMERICAN 1 $0.00 $0.00 0% $0.00 75. SQM01SUM0333A Dispatch Consoles MCG 8000 CONVENTIONAL GATEWAY 1 $5,000.00 $5,000.00 10% $4,500.00 76. CA03715AA Dispatch Consoles ADD: DC POWER 1 $0.00 $0.00 0% $0.00 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 39 City of Clearwater, FL March 10, 2025 AXS Consoles 77. CA03717AA Dispatch Consoles ADD: ACIM INTERFACE 8 $750.00 $6,000.00 10% $5,400.00 78. SQM01SUM0333A Dispatch Consoles MCG 8000 CONVENTIONAL GATEWAY 1 $5,000.00 $5,000.00 10% $4,500.00 79. CA03715AA Dispatch Consoles ADD: DC POWER 1 $0.00 $0.00 0% $0.00 80. CA03717AA Dispatch Consoles ADD: ACIM INTERFACE 8 $750.00 $6,000.00 10% $5,400.00 81. T8639A Dispatch Consoles JUNIPER CONTROL ROOM FIREWALL 1 $4,182.00 $4,182.00 10% $3,763.80 82. T8669A Dispatch Consoles JUNIPER CONTROL ROOM FIREWALL RECOVERY MEDIA 1 $100.00 $100.00 10% $90.00 83. T8810A Dispatch Consoles STANDALONE DSC 8000 CONTROLLER 1 $0.00 $0.00 0% $0.00 84. CA03678AA Dispatch Consoles ADD: ASTRO SYSTEM RELEASE 2021.1 1 $0.00 $0.00 0% $0.00 85. CA03793AA Dispatch Consoles ADD: DSC 8000 REFERENCE DISTRIBUTION MODULE NON-ESS 1 $2,500.00 $2,500.00 15% $2,125.00 86. CA03746AA Dispatch Consoles ADD: DSC 8000 SIMULCAST RDM SW 1 $8,200.00 $8,200.00 15% $6,970.00 87. CA03740AA Dispatch Consoles ADD: EXTERNAL TIMING REFERENCE CONN ONLY 1 $55.00 $55.00 15% $46.75 88. CA03763AA Dispatch Consoles ADD: CABINET MOUNTING HARDWARE 1 $0.00 $0.00 0% $0.00 89. F0016A Dispatch Consoles MC IOT MAIN MODEL 1 $1,119.00 $1,119.00 15% $951.15 90. VA01945AA Dispatch Consoles ADD: MC EDGE AS AUX I--O SERVER 1 $0.00 $0.00 0% $0.00 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 40 City of Clearwater, FL March 10, 2025 AXS Consoles 91. VA00985AA Dispatch Consoles ADD: NO PIGGY_ MC- EDGE 1 $0.00 $0.00 0% $0.00 92. VA00148AA Dispatch Consoles ADD: WALL MOUNT INSTALLATION KIT 1 $59.00 $59.00 15% $50.15 93. VA00147AA Dispatch Consoles ADD: FRONT CABLE COVERS 1 $12.00 $12.00 15% $10.20 94. VA00150AA Dispatch Consoles ADD:12DI--8AI HW ONLY 1 $642.00 $642.00 15% $545.70 95. VA00151AA Dispatch Consoles ADD:0 - 5V DI--AI 1 $0.00 $0.00 0% $0.00 96. VA00149AA Dispatch Consoles ADD:8DO--2AO HW ONLY 1 $664.00 $664.00 15% $564.40 97. VA00989AA Dispatch Consoles ADD: MIXED DIGITAL _ 8DO EE 16DI 5-18 V --DRY 3 $642.00 $1,926.00 15% $1,637.10 98. VA00009AA Dispatch Consoles ADD: AC POWER SUPPLY 12V--120W DC OUT 1 $265.00 $265.00 15% $225.25 99. VA00155AA Dispatch Consoles ADD:DC POWER CABLE 1 $59.00 $59.00 15% $50.15 100. VA00153AA Dispatch Consoles ADD:I--O MODULE EXTRACTOR TOOL 1 $12.00 $12.00 15% $10.20 101. VA00341AA Dispatch Consoles INC:MC-EDGE MAIN FILE SYSTEM 1 $0.00 $0.00 0% $0.00 102. VA00142AA Dispatch Consoles INC:EXTREMDB LICENSE 1 $0.00 $0.00 0% $0.00 103. VA00049AA Dispatch Consoles INC: I--O MODULE CABLE COVER 5 $0.00 $0.00 0% $0.00 104. VA00015AA Dispatch Consoles INC: DIN RAIL 26 CM KIT 2 $0.00 $0.00 0% $0.00 105. VA00974AA Dispatch Consoles INC: IOT MC-EDGE CPU PACKAGE 1 $0.00 $0.00 0% $0.00 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 41 City of Clearwater, FL March 10, 2025 AXS Consoles 106. VA00047AA Dispatch Consoles INC: 12DI--8AI 0-5V 1 $0.00 $0.00 0% $0.00 107. VA00008AA Dispatch Consoles INC: 8DO--2AO MODULE +--- 20MA, 5V 1 $0.00 $0.00 0% $0.00 108. VA00442AA Dispatch Consoles INC:MC-EDGE SYSTEM SW FILES 1 $0.00 $0.00 0% $0.00 109. VA00967AA Dispatch Consoles INC: CPU PACKING 1 $0.00 $0.00 0% $0.00 110. VA01383AA Dispatch Consoles INC: FRONT CABLE COVERS FOR MC EDGE 1 $0.00 $0.00 0% $0.00 111. DSBCH11112 Dispatch Consoles 12 CHANNEL CONTROL STATION COMBINER (PASSIVE), CSC02,746-806MHZ 1 $24,181.00 $24,181.00 15% $20,553.85 112. DSYS8063 Dispatch Consoles YAGI, SILVER SERIES, 3 ELEMENTS ,806- 896MHZ 2 $92.00 $184.00 15% $156.40 113. DSMW3HE06791AA Dispatch Consoles SAR-8 SHELF V2 1 $1,686.83 $1,686.83 15% $1,433.81 114. DSMW3HE02784PA Dispatch Consoles SAR RELEASE 21.X BASIC OS LICENSE 1 $624.75 $624.75 15% $531.04 115. DSMW3HE06792EA Dispatch Consoles FAN MODULE (SAR-8 SHELF V2) EXT TEMP -48VDC 1 $742.20 $742.20 15% $630.87 116. DSMW3HE02774AB Dispatch Consoles CONTROL SWITCH MODULE V2 (CSMV2) 48V 2 $2,572.50 $5,145.00 15% $4,373.26 117. DSMW3HE11473BK Dispatch Consoles PMC CARD W/ 4 GIG- E SFP BUNDLE (1) 3HE02782AA PMC, (4) 3HE00062CB SFP 2 $5,089.39 $10,178.78 15% $8,651.96 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 42 City of Clearwater, FL March 10, 2025 AXS Consoles 118. DSMW3HE00062CB Dispatch Consoles SFP - GIGE BASE-T RJ45 R6/6 DDM - 40/85C 2 $242.55 $485.10 15% $412.34 119. DSMW3HE05838AA Dispatch Consoles 250W 120/240V AC POWER CONVERTER 2 $1,045.84 $2,091.68 15% $1,777.92 120. DSMW3HE05837BA Dispatch Consoles 7705 AC POWER CONVERTER PIGTAIL - O-RING 2 $191.10 $382.20 15% $324.88 121. DS90111918 Dispatch Consoles 19" CANTILEVER FLUSH MOUNT SHELF, 18" DEPTH, BLACK 1 $259.00 $259.00 10% $233.10 122. DSMW3HE00867CA Dispatch Consoles SFP - GIGE EX - LC ROHS 6/6 DDM - 40/85C 2 $1,466.33 $2,932.66 15% $2,492.76 123. HKVN4729A Dispatch Consoles AXS DISPATCH CONSOLE LICENSE 3 $7,900.00 $23,700.00 15% $20,145.00 124. HKVN4730A Dispatch Consoles LICENSE,AXS TRUNKING SERVICES LICENSE 3 $6,600.00 $19,800.00 15% $16,830.00 125. HKVN4731A Dispatch Consoles LICENSE,AXS ADVANCED CONVENTIONAL SERVICES LICENSE 3 $3,960.00 $11,880.00 15% $10,098.00 126. HKVN4732A Dispatch Consoles LICENSE,AXS SECURE VOICE SERVICES LICENSE 3 $6,681.00 $20,043.00 15% $17,036.55 127. HKVN4733A Dispatch Consoles LICENSE,AXS INTEGRATED IRR 3 $3,200.00 $9,600.00 15% $8,160.00 128. HKVN4736A Dispatch Consoles LICENSE,AXS AMBE+2 VOCODER ROYALTY AND LICENSE 3 $50.00 $150.00 15% $127.50 129. HKVN4737A Dispatch Consoles LICENSE,AXS STANDARD LEVEL RADIO RESOURCE CAPACITY LICENSE 3 $20,700.00 $62,100.00 15% $52,785.00 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 43 City of Clearwater, FL March 10, 2025 AXS Consoles 130. B1957A Dispatch Consoles AXS SOFTWARE DVD 3 $250.00 $750.00 15% $637.50 131. SQM01SUM0342A Dispatch Consoles CCHUB W/INTERNAL ENCRYPTION HW 3 $0.00 $0.00 0% $0.00 132. B1956A Dispatch Consoles COMMANDCENTRAL HUB, W/CLIENT PC 3 $5,250.00 $15,750.00 15% $13,387.50 133. CA03850AA Dispatch Consoles ADD: WINDOWS OS FOR MCC7500E CONSOLE 3 $700.00 $2,100.00 15% $1,785.00 134. CA03553AA Dispatch Consoles ADD: AC LINE CORD, NORTH AMERICA 3 $13.00 $39.00 15% $33.15 135. CA03547AA Dispatch Consoles ADD: BRACKET, MOUNTING 2RU 3 75 $225.00 5% $213.75 136. CA03583AA Dispatch Consoles ADD: FOUR CABLES, POWER 24VDC 3 150 $450.00 5% $427.50 137. CA03572AA Dispatch Consoles ADD: CABLE RETENTION BRACKET 3 65 $195.00 5% $185.25 138. CA04101AA Dispatch Consoles ADD USB HSM KEY STORAGE 3 $0.00 $0.00 0% $0.00 139. CA04101AA-P Dispatch Consoles ADD USB HSM KEY STORAGE PRICE 3 $16,386.00 $49,158.00 15% $41,784.30 140. B1914A Dispatch Consoles MCC SERIES DESKTOP GOOSENECK MIC 3 250 $750.00 5% $712.50 141. B1913A Dispatch Consoles MCC SERIES HEADSET JACK 6 $200.00 $1,200.00 15% $1,020.00 142. B1951B Dispatch Consoles MICROPHONE, DESKTOP, USB 3 $561.35 $1,684.05 15% $1,431.45 143. CA03413AA Dispatch Consoles ADD: USB CABLE, TYPE A TO TYPE C, 4.5M 3 $29.87 $89.61 15% $76.17 144. B1952B Dispatch Consoles SPEAKER, DESKTOP, USB 6 $602.55 $3,615.30 15% $3,073.02 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 44 City of Clearwater, FL March 10, 2025 AXS Consoles 145. CA03413AA Dispatch Consoles ADD: USB CABLE, TYPE A TO TYPE C, 4.5M 6 $29.87 $179.22 15% $152.34 146. CA03405AA Dispatch Consoles ADD: POWER SUPPLY WITH DC CORD 6 $77.25 $463.50 15% $393.96 147. CA03406AA Dispatch Consoles ADD: AC LINE CORD, NORTH AMERICA 6 $13.00 $78.00 15% $66.30 148. RLN6099A Dispatch Consoles HDST MODULE BASE W/PTT, 25 FT CBL 3 $261.36 $784.08 27% $572.37 149. FKN8696A Dispatch Consoles ASSY,CBL,CBL - MCD 5000 DESKSET TO LOGGER 3 $40.00 $120.00 15% $102.00 150. L3226A Dispatch Consoles CERTIFIED OPTICAL WHEEL MOUSE FOR RSD SERVERS AND WORKSTATIONS 3 $30.00 $90.00 15% $76.50 151. L3225A Dispatch Consoles CERTIFIED KEYBOARD FOR RSD SERVERS AND WORKSTATIONS 3 $31.00 $93.00 15% $79.05 152. RMN5150A Dispatch Consoles OVER-THE-HEAD, MONAURAL, NOISE- CANCELING HEADSET 3 $160.92 $482.76 27% $352.41 153. DSTWIN6328A Dispatch Consoles PROVIDES ONE DUAL PEDAL FOOTSWITCH 3 $547.00 $1,641.00 15% $1,394.85 154. 3071114H01 Dispatch Consoles CABLE ASSY, EXTENDER 3 $107.25 $321.75 20% $257.40 155. DSTG221B Dispatch Consoles TECH GLOBAL EVOLUTION SERIES 22INCH NON TOUCH 3 $1,998.00 $5,994.00 15% $5,094.90 156. T8742A Dispatch Consoles MCAFEE FOR WINDOWS CLIENT, A2019.2 +PLUS 3 $165.00 $495.00 15% $420.75 157. T8806A Dispatch Consoles WINDOWS SUPP. TRANSPARENT, A2022.1 3 $0.00 $0.00 0% $0.00 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 45 City of Clearwater, FL March 10, 2025 AXS Consoles 158. DSUSB31000S Dispatch Consoles STARTECH USB 3.0 TO GIGABIT ETHERNET ADAPTER 3 $41.00 $123.00 15% $104.55 159. DSF2B56AA Dispatch Consoles USB EXTERNAL DVD DRIVE 1 $172.00 $172.00 15% $146.20 160. CLN9066A Dispatch Consoles SWITCH,SWITCH,EX4 100 24-PORT SWITCH NON TAA 2 $5,205.88 $10,411.76 10% $9,370.58 161. T8492A Dispatch Consoles SITE ROUTER & FIREWALL- AC 2 $2,091.00 $4,182.00 10% $3,763.80 162. CA03445AA Dispatch Consoles ADD: MISSION CRITICAL HARDENING 2 $3,300.00 $6,600.00 10% $5,940.00 163. CA03448AA Dispatch Consoles ADD: STATEFUL FIREWALL 2 $1,000.00 $2,000.00 10% $1,800.00 164. TRN7343A Dispatch Consoles RACK 7.5' 1 $632.50 $632.50 15% $537.63 165. DSOP820B Dispatch Consoles PDU, 120V HARDWIRE (8) 20A OUTLET PDU WITH TYPE 3 SAD PROTECTION 2 $1,396.60 $2,793.20 10% $2,513.88 166. DS1101378 Dispatch Consoles RACK MT ADAPTER PLATE, 19 IN FOR DSOP820B, DSOP820B2 & DSNSOP820B 2 $74.71 $149.42 10% $134.48 167. DS1101990 Dispatch Consoles SPD, SHIELDED RJ-45 JACK, SINGLE LINE GBE (1000MBPS) R56 COMPLIANT 1 $169.49 $169.49 10% $152.54 168. DSTSJADP Dispatch Consoles RACK MOUNT GROUND BAR, 19 IN FOR TSJ AND WPH SERIES DATA SPDS 1 $120.74 $120.74 10% $108.67 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 46 City of Clearwater, FL March 10, 2025 AXS Consoles 169. SQM01SUM0333A Dispatch Consoles MCG 8000 CONVENTIONAL GATEWAY 1 $5,000.00 $5,000.00 10% $4,500.00 170. CA03714AA Dispatch Consoles ADD: AC POWER 1 $0.00 $0.00 0% $0.00 171. CA03717AA Dispatch Consoles ADD: ACIM INTERFACE 8 $750.00 $6,000.00 10% $5,400.00 172. T8810A Dispatch Consoles STANDALONE DSC 8000 CONTROLLER 1 $0.00 $0.00 0% $0.00 173. CA03678AA Dispatch Consoles ADD: ASTRO SYSTEM RELEASE 2021.1 1 $0.00 $0.00 0% $0.00 174. CA03793AA Dispatch Consoles ADD: DSC 8000 REFERENCE DISTRIBUTION MODULE NON-ESS 1 $2,500.00 $2,500.00 15% $2,125.00 175. CA03746AA Dispatch Consoles ADD: DSC 8000 SIMULCAST RDM SW 1 $8,200.00 $8,200.00 15% $6,970.00 176. CA03740AA Dispatch Consoles ADD: EXTERNAL TIMING REFERENCE CONN ONLY 1 $55.00 $55.00 15% $46.75 177. CA03763AA Dispatch Consoles ADD: CABINET MOUNTING HARDWARE 1 $0.00 $0.00 0% $0.00 178. F0016A Dispatch Consoles MC IOT MAIN MODEL 1 $1,119.00 $1,119.00 15% $951.15 179. VA01945AA Dispatch Consoles ADD: MC EDGE AS AUX I--O SERVER 1 $0.00 $0.00 0% $0.00 180. VA00985AA Dispatch Consoles ADD: NO PIGGY_ MC- EDGE 1 $0.00 $0.00 0% $0.00 181. VA00148AA Dispatch Consoles ADD: WALL MOUNT INSTALLATION KIT 1 $59.00 $59.00 15% $50.15 182. VA00147AA Dispatch Consoles ADD: FRONT CABLE COVERS 1 $12.00 $12.00 15% $10.20 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 47 City of Clearwater, FL March 10, 2025 AXS Consoles 183. VA00150AA Dispatch Consoles ADD:12DI--8AI HW ONLY 1 $642.00 $642.00 15% $545.70 184. VA00151AA Dispatch Consoles ADD:0 - 5V DI--AI 1 $0.00 $0.00 0% $0.00 185. VA00149AA Dispatch Consoles ADD:8DO--2AO HW ONLY 1 $664.00 $664.00 15% $564.40 186. VA00989AA Dispatch Consoles ADD: MIXED DIGITAL _ 8DO EE 16DI 5-18 V --DRY 3 $642.00 $1,926.00 15% $1,637.10 187. VA00009AA Dispatch Consoles ADD: AC POWER SUPPLY 12V--120W DC OUT 1 $265.00 $265.00 15% $225.25 188. VA00155AA Dispatch Consoles ADD:DC POWER CABLE 1 $59.00 $59.00 15% $50.15 189. VA00153AA Dispatch Consoles ADD:I--O MODULE EXTRACTOR TOOL 1 $12.00 $12.00 15% $10.20 190. VA00341AA Dispatch Consoles INC:MC-EDGE MAIN FILE SYSTEM 1 $0.00 $0.00 0% $0.00 191. VA00142AA Dispatch Consoles INC:EXTREMDB LICENSE 1 $0.00 $0.00 0% $0.00 192. VA00049AA Dispatch Consoles INC: I--O MODULE CABLE COVER 5 $0.00 $0.00 0% $0.00 193. VA00015AA Dispatch Consoles INC: DIN RAIL 26 CM KIT 2 $0.00 $0.00 0% $0.00 194. VA00974AA Dispatch Consoles INC: IOT MC-EDGE CPU PACKAGE 1 $0.00 $0.00 0% $0.00 195. VA00047AA Dispatch Consoles INC: 12DI--8AI 0-5V 1 $0.00 $0.00 0% $0.00 196. VA00008AA Dispatch Consoles INC: 8DO--2AO MODULE +--- 20MA, 5V 1 $0.00 $0.00 0% $0.00 197. VA00442AA Dispatch Consoles INC:MC-EDGE SYSTEM SW FILES 1 $0.00 $0.00 0% $0.00 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 48 City of Clearwater, FL March 10, 2025 AXS Consoles 198. VA00967AA Dispatch Consoles INC: CPU PACKING 1 $0.00 $0.00 0% $0.00 199. VA01383AA Dispatch Consoles INC: FRONT CABLE COVERS FOR MC EDGE 1 $0.00 $0.00 0% $0.00 200. DSBCH11106 Dispatch Consoles 6 CHANNEL CONTROL STATION COMBINER (PASSIVE), CSC02,746-806MHZ 1 $10,998.00 $10,998.00 15% $9,348.30 201. DSYS8063 Dispatch Consoles YAGI, SILVER SERIES, 3 ELEMENTS ,806- 896MHZ 2 $92.00 $184.00 15% $156.40 202. DSMW3HE06791AA Dispatch Consoles SAR-8 SHELF V2 1 $1,686.83 $1,686.83 15% $1,433.81 203. DSMW3HE02784PA Dispatch Consoles SAR RELEASE 21.X BASIC OS LICENSE 1 $624.75 $624.75 15% $531.04 204. DSMW3HE06792EA Dispatch Consoles FAN MODULE (SAR-8 SHELF V2) EXT TEMP -48VDC 1 $742.20 $742.20 15% $630.87 205. DSMW3HE02774AB Dispatch Consoles CONTROL SWITCH MODULE V2 (CSMV2) 48V 2 $2,572.50 $5,145.00 15% $4,373.26 206. DSMW3HE11473BK Dispatch Consoles PMC CARD W/ 4 GIG- E SFP BUNDLE (1) 3HE02782AA PMC, (4) 3HE00062CB SFP 2 $5,089.39 $10,178.78 15% $8,651.96 207. DSMW3HE00062CB Dispatch Consoles SFP - GIGE BASE-T RJ45 R6/6 DDM - 40/85C 2 $242.55 $485.10 15% $412.34 208. DSMW3HE05838AA Dispatch Consoles 250W 120/240V AC POWER CONVERTER 2 $1,045.84 $2,091.68 15% $1,777.92 209. DSMW3HE05837BA Dispatch Consoles 7705 AC POWER CONVERTER PIGTAIL - O-RING 2 $191.10 $382.20 15% $324.88 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 49 City of Clearwater, FL March 10, 2025 AXS Consoles 210. DS90111918 Dispatch Consoles 19" CANTILEVER FLUSH MOUNT SHELF, 18" DEPTH, BLACK 1 $259.00 $259.00 10% $233.10 211. DSMW3HE00867CA Dispatch Consoles SFP - GIGE EX - LC ROHS 6/6 DDM - 40/85C 2 $1,466.33 $2,932.66 15% $2,492.76 212. B1914A Dispatch Consoles MCC SERIES DESKTOP GOOSENECK MIC 1 250 $250.00 5% $237.50 213. B1913A Dispatch Consoles MCC SERIES HEADSET JACK 2 $200.00 $400.00 15% $340.00 214. B1951B Dispatch Consoles MICROPHONE, DESKTOP, USB 1 $561.35 $561.35 15% $477.15 215. CA03413AA Dispatch Consoles ADD: USB CABLE, TYPE A TO TYPE C, 4.5M 1 $29.87 $29.87 15% $25.39 216. B1952B Dispatch Consoles SPEAKER, DESKTOP, USB 2 $602.55 $1,205.10 15% $1,024.34 217. CA03413AA Dispatch Consoles ADD: USB CABLE, TYPE A TO TYPE C, 4.5M 2 $29.87 $59.74 15% $50.78 218. CA03405AA Dispatch Consoles ADD: POWER SUPPLY WITH DC CORD 2 $77.25 $154.50 15% $131.32 219. CA03406AA Dispatch Consoles ADD: AC LINE CORD, NORTH AMERICA 2 $13.00 $26.00 15% $22.10 220. RLN6099A Dispatch Consoles HDST MODULE BASE W/PTT, 25 FT CBL 1 $261.36 $261.36 27% $190.79 221. FKN8696A Dispatch Consoles ASSY,CBL,CBL - MCD 5000 DESKSET TO LOGGER 1 $40.00 $40.00 15% $34.00 222. L3226A Dispatch Consoles CERTIFIED OPTICAL WHEEL MOUSE FOR RSD SERVERS AND WORKSTATIONS 1 $30.00 $30.00 15% $25.50 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 50 City of Clearwater, FL March 10, 2025 AXS Consoles 223. L3225A Dispatch Consoles CERTIFIED KEYBOARD FOR RSD SERVERS AND WORKSTATIONS 1 $31.00 $31.00 15% $26.35 224. RMN5150A Dispatch Consoles OVER-THE-HEAD, MONAURAL, NOISE- CANCELING HEADSET 1 $160.92 $160.92 27% $117.47 225. DSTWIN6328A Dispatch Consoles PROVIDES ONE DUAL PEDAL FOOTSWITCH 1 $547.00 $547.00 15% $464.95 226. 3071114H01 Dispatch Consoles CABLE ASSY, EXTENDER 1 $107.25 $107.25 20% $85.80 227. DSTG221B Dispatch Consoles TECH GLOBAL EVOLUTION SERIES 22INCH NON TOUCH 1 $1,998.00 $1,998.00 15% $1,698.30 228. TT4270A Dispatch Consoles Z2 G9 MINI WORKSTATION NON RETURNABLE 1 $2,551.00 $2,551.00 15% $2,168.35 229. DSTG221B Dispatch Consoles TECH GLOBAL EVOLUTION SERIES 22INCH NON TOUCH 1 $1,998.00 $1,998.00 15% $1,698.30 Consolettes 230. L37TSS9PW1AN Dispatch Consoles ALL BAND CONSOLETTE. 9 $10,330.00 $92,970.00 27% $67,868.10 231. G90AC Dispatch Consoles ADD: NO MICROPHONE NEEDED APX. 9 $0.00 $0.00 0% $0.00 232. GA09008AA Dispatch Consoles ADD: GROUP SERVICES. 9 $165.00 $1,485.00 27% $1,084.05 233. G851AG Dispatch Consoles ADD: AES/DES- XL/DES-OFB ENCRYP APX AND ADP. 9 $879.00 $7,911.00 27% $5,775.03 234. G996AS Dispatch Consoles ENH: OVER THE AIR PROVISIONING. 9 $110.00 $990.00 27% $722.70 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 51 City of Clearwater, FL March 10, 2025 AXS Consoles 235. GA00469AA Dispatch Consoles ENH:EXTENDED DISPATCH APX CONSOLETT. 9 $550.00 $4,950.00 27% $3,613.50 236. CA01598AB Dispatch Consoles ADD: AC LINE CORD US. 9 $0.00 $0.00 0% $0.00 237. G51AT Dispatch Consoles ENH:SMARTZONE 9 $1,650.00 $14,850.00 27% $10,840.50 238. GA05508AA Dispatch Consoles DEL: DELETE VHF BAND. 9 ($800.00) ($7,200.00) 0% ($5,256.00) 239. GA05509AA Dispatch Consoles DEL: DELETE UHF BAND. 9 ($800.00) ($7,200.00) 0% ($5,256.00) 240. G78AR Dispatch Consoles ADD: 3Y ESSENTIAL SERVICE. 9 $288.00 $2,592.00 0% $2,592.00 241. L999AG Dispatch Consoles ADD: FULL FP W/E5/KEYPAD/CLOC K/VU. 9 $868.00 $7,812.00 27% $5,702.76 242. QA03399AA Dispatch Consoles ADD: ENHANCED DATA APX. 9 $165.00 $1,485.00 27% $1,084.05 243. G806BL Dispatch Consoles ENH: ASTRO DIGITAL CAI OP APX. 9 $567.00 $5,103.00 27% $3,725.19 244. QA09113AB Dispatch Consoles ADD: BASELINE RELEASE SW. 9 $0.00 $0.00 0% $0.00 245. W969BG Dispatch Consoles ENH: MULTIKEY OPERATION. 9 $363.00 $3,267.00 27% $2,384.91 246. G361AH Dispatch Consoles ENH: P25 TRUNKING SOFTWARE APX. 9 $330.00 $2,970.00 27% $2,168.10 247. HKN6233C Dispatch Consoles APX CONSOLETTE RACK MOUNT KIT. 9 $200.00 $1,800.00 27% $1,314.00 248. L37TSS9PW1AN Dispatch Consoles ALL BAND CONSOLETTE. 3 $10,330.00 $30,990.00 27% $22,622.70 249. G90AC Dispatch Consoles ADD: NO MICROPHONE NEEDED APX. 3 $0.00 $0.00 0% $0.00 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 52 City of Clearwater, FL March 10, 2025 AXS Consoles 250. GA09008AA Dispatch Consoles ADD: GROUP SERVICES. 3 $165.00 $495.00 27% $361.35 251. G851AG Dispatch Consoles ADD: AES/DES- XL/DES-OFB ENCRYP APX AND ADP. 3 $879.00 $2,637.00 27% $1,925.01 252. G996AS Dispatch Consoles ENH: OVER THE AIR PROVISIONING. 3 $110.00 $330.00 27% $240.90 253. GA00469AA Dispatch Consoles ENH:EXTENDED DISPATCH APX CONSOLETT. 3 $550.00 $1,650.00 27% $1,204.50 254. CA01598AB Dispatch Consoles ADD: AC LINE CORD US. 3 $0.00 $0.00 0% $0.00 255. G51AT Dispatch Consoles ENH:SMARTZONE. 3 $1,650.00 $4,950.00 27% $3,613.50 256. GA05508AA Dispatch Consoles DEL: DELETE VHF BAND. 3 ($800.00) ($2,400.00) 0% ($1,752.00) 257. GA05509AA Dispatch Consoles DEL: DELETE UHF BAND. 3 ($800.00) ($2,400.00) 0% ($1,752.00) 258. G78AR Dispatch Consoles ADD: 3Y ESSENTIAL SERVICE. 3 $288.00 $864.00 0% $864.00 259. L999AG Dispatch Consoles ADD: FULL FP W/E5/KEYPAD/CLOC K/VU. 3 $868.00 $2,604.00 27% $1,900.92 260. QA03399AA Dispatch Consoles ADD: ENHANCED DATA APX. 3 $165.00 $495.00 27% $361.35 261. G806BL Dispatch Consoles ENH: ASTRO DIGITAL CAI OP APX. 3 $567.00 $1,701.00 27% $1,241.73 262. QA09113AB Dispatch Consoles ADD: BASELINE RELEASE SW. 3 $0.00 $0.00 0% $0.00 263. W969BG Dispatch Consoles ENH: MULTIKEY OPERATION. 3 $363.00 $1,089.00 27% $794.97 264. G361AH Dispatch Consoles ENH: P25 TRUNKING SOFTWARE APX. 3 $330.00 $990.00 27% $722.70 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 53 City of Clearwater, FL March 10, 2025 AXS Consoles 265. HKN6233C Dispatch Consoles APX CONSOLETTE RACK MOUNT KIT. 3 $200.00 $600.00 27% $438.00 Total Equipment Extended List Price $1,367,814.53 Sourcewell Discount Price $1,147,099.72 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 54 City of Clearwater, FL March 10, 2025 AXS Consoles Section 7 Pricing and Payment Terms Description List Price Sourcewell Discounts Applied Equipment $1,367,814.53 $1,147,099.72 Implementation Services $617,295 $617,295.00 Sourcewell Subtotal $1,985,109.53 $1,764,394.72 Additional Customer Incentive $579,394.72 Total System $1,185,000.00 Year 2 Essential Service Plus (Paid in advance of Year 2) $118,879.00 This pricing is valid through March 27 2025. 7.1 Payment Milestones Except for a payment that is due on the Effective Date, City will make payments to Motorola within thirty (30) days after the date of each invoice. City will make payments when due in the form of a check, cashier’s check, or wire transfer drawn on a U.S. financial institution. If City has purchased additional Professional or Subscription services, payment will be in accordance with the applicable addenda. Payment for the System purchase will be in accordance with the following milestones. 7.2 System Purchase 1. 85% of the System Price due upon delivery of equipment; 2. 10% of the System Price due upon installation of equipment; and 3. 5% of the System Price due upon Final Acceptance. Motorola reserves the right to make partial shipments of equipment and to invoice upon shipment of such equipment. In addition, Motorola reserves the right to invoice for installations completed on a site- by-site basis, when applicable. The value of the equipment shipped/services performed will be determined by the value shipped/services performed as a percentage of the total milestone value. Unless otherwise specified, contract discounts are based upon all items proposed and overall system package. For invoicing purposes only, discounts will be applied proportionately to the FNE and Subscriber equipment values to total contract price. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 55 City of Clearwater, FL March 10, 2025 AXS Consoles Section 8 Contractual Documentation Pursuant to Section 6, subsection B of the Sourcewell Contract Number 042021-MOT, the following additional terms and conditions apply to this offering. Communications System and Services Agreement Motorola Solutions, Inc. (“Motorola”) and City of Clearwater, FL (“Customer”) enter into this “Agreement,” pursuant to which Customer will purchase and Motorola will sell the System and Services, as described below. Motorola and Customer may be referred to individually as a “Party” and collectively as the “Parties.” For good and valuable consideration, the Parties agree as follows: WHEREAS, Customer desires to purchase from Motorola and Motorola desires to sell to Customer certain Motorola radio communications equipment and services; and WHEREAS, Sourcewell (“Sourcewell”), a State of Minnesota local government agency and service cooperative offering cooperative procurement solutions to government entities that access Sourcewell’s cooperative purchasing contracts (“Participating Entities”); and WHEREAS, on July 4, 2021, Sourcewell and Motorola entered into a contract identified as 042021- MOT, (the “Contract”), which provides that Participating Entities (including Customer) may purchase radio communications equipment from Motorola pursuant to certain terms contained therein; and WHEREAS, pursuant to Article 6.B of the Contract, Motorola and Customer now wish to enter into this Agreement to delineate the specific terms of the purchase of radio communications equipment and services from Motorola by Customer. For good and valuable consideration, the Parties agree as follows: Section 1 ATTACHMENTS 1.1. EXHIBITS. The Exhibits listed below are exhibits related to the System sale and implementation. These Exhibits are incorporated into and made a part of this Agreement. Exhibit A “Motorola Software License Agreement” . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 56 City of Clearwater, FL March 10, 2025 AXS Consoles Exhibit B “Payment” Exhibit C Motorola Proposal dated March 10, 2025 Exhibit D “System Acceptance Certificate” 1.2. ADDENDUM (ADDENDA). Customer may elect to purchase professional or subscription services in addition to the System and related services. Any such services will be governed by the terms in the main body of the Agreement and an applicable Addendum containing terms specific to such service. Such Addenda will be labeled with the name of the service being purchased. 1.3 ORDER OF PRECEDENCE. In interpreting this Agreement and resolving any ambiguities: 1) the main body of this Agreement takes precedence over the exhibits (unless otherwise specified in an exhibit), and any inconsistency between Exhibits A through D will be resolved in their listed order, and 2) The applicable service Addendum will take precedence over the main body of the Agreement and the Exhibits. Section 2 DEFINITIONS Capitalized terms used in this Agreement have the following meanings: “Acceptance Tests” means those tests described in the Acceptance Test Plan. “Addendum (Addenda)” is the title of the document(s) containing a specific set of terms and conditions applicable to a particular service or other offering beyond the Communication System and System implementation services. The terms in the Addendum are applicable only to the specific service or offering described therein. “Administrative User Credentials” means an account that has total access over the operating system, files, end user accounts and passwords at either the System level or box level. Customer’s personnel with access to the Administrative User Credentials may be referred to as the Administrative User. “Beneficial Use” means when Customer first uses the System or a Subsystem for operational purposes (excluding training or testing). “Confidential Information” means all information consistent with the fulfillment of this Agreement that is (i) disclosed under this Agreement in oral, written, graphic, machine recognizable, and/or sample form, being clearly designated, labeled or marked as confidential or its equivalent or (ii) obtained by examination, testing or analysis of any hardware, software or any component part thereof provided by discloser to recipient. The nature and existence of this Agreement are considered Confidential Information. Confidential Information that is disclosed orally must be identified as confidential at the time of disclosure and confirmed by the discloser by submitting a written document to the recipient within thirty (30) days after such disclosure. The written document must contain a summary of the Confidential Information disclosed with enough specificity for identification purpose and must be labeled or marked as confidential or its equivalent. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 57 City of Clearwater, FL March 10, 2025 AXS Consoles “Contract Price” means the price for the System and implementation Services, excluding applicable sales or similar taxes and freight charges. Further, unless otherwise stated in Exhibit B, “Payment” or the pricing pages of the proposal, recurring fees for maintenance, SUA, or subscription services are not included in the Contract Price. “Deliverables” means all written information (such as reports, specifications, designs, plans, drawings, analytics, Solution Data, or other technical or business information) that Motorola prepares for Customer in the performance of the Services and is obligated to provide to Customer under this Agreement. The Deliverables, if any, are more fully described in the Statement of Work. “Derivative Proprietary Materials” means derivatives of the Proprietary Materials that Motorola may from time to time, including during the course of providing the Services, develop and/or use and/or to which Motorola provides Customer access. “Effective Date” means that date upon which the last Party executes this Agreement. “Equipment” means the hardware components of the Solution that Customer purchases from Motorola under this Agreement. Equipment that is part of the System is described in the Equipment List. “Feedback” means comments or information, in oral or written form, given to Motorola by Customer in connection with or relating to Equipment or Services, during the term of this Agreement. “Force Majeure” means an event, circumstance, or act that is beyond a Party’s reasonable control, such as an act of God, an act of the public enemy, an act of a government entity, strikes, other labor disturbances, supplier performance, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, riots, or any other similar cause. “Motorola Software” means software that Motorola or its affiliated companies owns. “Non-Motorola Software” means software that a party other than Motorola or its affiliated companies owns. “Open Source Software” (also called “freeware” or “shareware”) means software with either freely obtainable source code, license for modification, or permission for free distribution. “Proprietary Materials” means certain software tools and/or other technical materials, including, but not limited to, data, modules, components, designs, utilities, subsets, objects, program listings, models, methodologies, programs, systems, analysis frameworks, leading practices and specifications which Motorola has developed prior to, or independently from, the provision of the Services and/or which Motorola licenses from third parties. “Proprietary Rights” means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, and other intellectual property rights in and to the Equipment and Software, including those created or produced by Motorola under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or another party. “Services” means system implementation, maintenance, support, subscription, or other professional services provided under this Agreement, which may be further described in the applicable Addendum and/or SOW. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 58 City of Clearwater, FL March 10, 2025 AXS Consoles “Software” (i) means proprietary software in object code format, and adaptations, translations, de- compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement. “Software License Agreement” means the Motorola Software License Agreement (Exhibit A). “Software Support Policy” (“SwSP”) means the policy set forth at https://www.motorolasolutions.com/content/dam/msi/secure/services/software_policy.pdf describing the specific technical support that will be provided to Customers under the Warranty Period and during any paid maintenance support period for Motorola Software. This policy may be modified from time to time at Motorola’s discretion. “Solution” means the combination of the System(s) and Services provided by Motorola under this Agreement. “Solution Data” means Customer data that is transformed, altered, processed, aggregated, correlated or operated on by Motorola, its vendors or other data sources and data that has been manipulated or retrieved using Motorola know-how to produce value-added content to data consumers, including customers or citizens which is made available to Customer with the Solution and Services. “Specifications” means the functionality and performance requirements that are described in the Technical and Implementation Documents. “SUA” or “SUA II” means Motorola’s Software Upgrade Agreement program. “Subsystem” means a major part of the System that performs specific functions or operations. Subsystems are described in the Technical and Implementation Documents. “System” means the Equipment, including incidental hardware and materials, Software, and design, installation and implementation services that are combined together into an integrated system; the System(s) is (are) described in the Technical and Implementation Documents. “System Acceptance” means the Acceptance Tests have been successfully completed. “System Data” means data created by, in connection with or in relation to Equipment or the performance of Services under this Agreement. “Warranty Period” for System Hardware, Software, or services related to system implementation means one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first. Unless otherwise stated in the applicable Addendum, Warranty Period for other Services means ninety (90) days from performance of the Service. Section 3 SCOPE OF AGREEMENT AND TERM . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 59 City of Clearwater, FL March 10, 2025 AXS Consoles 3.1. SCOPE OF WORK. Motorola will provide, install and test the System(s), and perform its other contractual responsibilities to provide the Solution, all in accordance with this Agreement. Customer will perform its contractual responsibilities in accordance with this Agreement. 3.2. CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost or time required to perform this Agreement, the Parties will agree to an equitable adjustment of the Contract Price or applicable subscription fees, Performance Schedule, or both, and will reflect the adjustment in a change order or Addendum. Neither Party is obligated to perform requested changes unless both Parties execute a written change order. 3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the date of Final Project Acceptance or expiration of the Warranty Period, or completion of the Services, whichever occurs last. The term and the effective date of recurring Services will be set forth in the applicable Addendum. 3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. For three (3) years after the expiration date of the Agreement, Customer may order additional Equipment or Software, if it is then available. Each purchase order must refer to this Agreement, the expiration date of the Agreement, and must specify the pricing and delivery terms. The Parties agree that, notwithstanding expiration of the Agreement, the applicable provisions of this Agreement (except for pricing, delivery, passage of title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the purchase and sale of the additional Equipment or Software. Additional or contrary terms in the purchase order will be inapplicable, unless signed by both parties. Title and risk of loss to additional Equipment will pass at shipment, warranty will commence upon delivery, and payment is due within thirty (30) days after the invoice date. Motorola will send Customer an invoice as the additional Equipment is shipped or Software is licensed. Alternatively, Customer may register with and place orders through the Motorola Solutions Customer Portal eCommerce Shop, and this Agreement will be the “Underlying Agreement” for those eCommerce transactions rather than the eCommerce Shop Terms and Conditions of Sale. eCommerce Shop registration and other information may be found at https://www.motorolasolutions.com/en_us/registration and the shop support telephone number is (800) 814-0601. 3.5. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to Customer solely in accordance with the Software License Agreement. Customer hereby accepts and agrees to abide by all of the terms and restrictions of the Software License Agreement. 3.6. NON-MOTOROLA SOFTWARE. Any Non-Motorola Software is licensed to Customer in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non-Motorola . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 60 City of Clearwater, FL March 10, 2025 AXS Consoles Software pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor’s rights and protections under the Software License Agreement. Motorola makes no representations or warranties of any kind regarding Non-Motorola Software. Non-Motorola Software may include Open Source Software. 3.7. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order. 3.8. OPTIONAL EQUIPMENT OR SOFTWARE. This paragraph applies only if a “Priced Options” exhibit is shown in Section 1, or if the parties amend this Agreement to add a Priced Options exhibit. During the term of the option as stated in the Priced Options exhibit (or if no term is stated, then for one (1) year after the Effective Date), Customer has the right and option to purchase the equipment, software, and related services that are described in the Priced Options exhibit. Customer may exercise this option by giving written notice to Seller which must designate what equipment, software, and related services Customer is selecting (including quantities, if applicable). To the extent they apply, the terms and conditions of this Agreement will govern the transaction; however, the parties acknowledge that certain provisions must be agreed upon, and they agree to negotiate those in good faith promptly after Customer delivers the option exercise notice. Examples of provisions that may need to be negotiated are: specific lists of deliverables, statements of work, acceptance test plans, delivery and implementation schedules, payment terms, maintenance and support provisions, additions to or modifications of the Software License Agreement, hosting terms, and modifications to the acceptance and warranty provisions. Section 4 SERVICES 4.1. If Customer desires and Motorola agrees to continue Services beyond the Term, Customer’s issuance and Motorola’s acceptance of a purchase order for Services will serve as an automatic extension of the Agreement for purposes of the continuing Services. Only the terms and conditions applicable to the performance of Services will apply to the extended Agreement. 4.2. During the Warranty Period, in addition to warranty services, Motorola will provide maintenance Services for the Equipment and support for the Motorola Software pursuant to the applicable maintenance and support Statements of Work. Support for the Motorola Software will be in accordance with Motorola's established Software Support Policy. Copies of the SwSP can be found at https://www.motorolasolutions.com/content/dam/msi/secure/services/software_policy.pdf and will be sent by mail, email or fax to Customer upon written request. Maintenance Services and support during the Warranty Period are included in the Contract Price. Unless already included in the Contract Price, if Customer wishes to purchase 1) additional maintenance or software support services during the Warranty Period; or 2) continue or expand maintenance, software support, installation, and/or SUA . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 61 City of Clearwater, FL March 10, 2025 AXS Consoles services after the Warranty Period, Motorola will provide the description of and pricing for such services in a separate proposal document. Unless otherwise agreed by the parties in writing, the terms and conditions in this Agreement applicable to maintenance, support, installation, and/or SUA Services, will be included in the Maintenance and Support Addendum, SUA Addendum, the applicable Statements of Work, and the proposal, (if applicable). These collective terms will govern the provision of such Services. To obtain any such additional Services, Customer will issue a purchase order referring to this Agreement and the separate proposal document. Omission of reference to this Agreement in Customer’s purchase order will not affect the applicability of this Agreement. Motorola’s proposal may include a cover page entitled “Service Agreement” or “Installation Agreement”, as applicable, and other attachments. These cover pages and other attachments are incorporated into this Agreement by this reference 4.3. PROFESSIONAL AND SUBSCRIPTION SERVICES. If Customer purchases professional or subscription Services as part of the Solution, additional or different terms specific to such Service will be included in the applicable Addendum and will apply to those Services. Customer may purchase additional professional or subscription services by issuing a purchase order referencing this Agreement and Motorola’s proposal for such additional services. 4.4. Any information in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer in providing Services under this Agreement or Motorola data viewed, accessed, will remain Motorola’s property, will be deemed proprietary, Confidential Information. This Confidential Information will be promptly returned at Motorola's request. 4.5. TOOLS. All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of providing Services under this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer’s custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises by Motorola at any time without restriction. Upon termination of the contract for any reason, Customer shall return to Motorola all equipment delivered to Customer. 4.6. COVENANT NOT TO EMPLOY. During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering Services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 62 City of Clearwater, FL March 10, 2025 AXS Consoles 4.7. CUSTOMER OBLIGATIONS. If the applicable Statement of Work or Addendum contains assumptions that affect the Services or Deliverables, Customer will verify that they are accurate and complete. Any information that Customer provides to Motorola concerning the Services or Deliverables will be accurate and complete in all material respects. Customer will make timely decisions and obtain any required management approvals that are reasonably necessary for Motorola to perform the Services and its other duties under this Agreement. Unless the Statement of Work states the contrary, Motorola may rely upon and is not required to evaluate, confirm, reject, modify, or provide advice concerning any assumptions and Customer-provided information, decisions and approvals described in this paragraph. 4.8. ASSUMPTIONS. If any assumptions or conditions contained in this Agreement, applicable Addenda or Statements of Work prove to be incorrect or if Customer’s obligations are not performed, Motorola’s ability to perform under this Agreement may be impacted and changes to the Contract Price, subscription fees, project schedule, Deliverables, or other changes may be necessary. 4.9. NON-PRECLUSION. If, as a result of the Services performed under this Agreement, Motorola recommends that Customer purchase products or other services, nothing in this Agreement precludes Motorola from participating in a future competitive bidding process or otherwise offering or selling the recommended products or other services to Customer. Customer represents that this paragraph does not violate its procurement or other laws, regulations, or policies. 4.10. PROPRIETARY MATERIALS. Customer acknowledges that Motorola may use and/or provide Customer with access to Proprietary Materials and Derivative Proprietary Materials. The Proprietary Materials and the Derivative Proprietary Materials are the sole and exclusive property of Motorola and Motorola retains all right, title and interest in and to the Proprietary Materials and Derivative Proprietary Materials. 4.11. ADDITIONAL SERVICES. Any services performed by Motorola outside the scope of this Agreement at the direction of Customer will be considered to be additional Services which are subject to additional charges. Any agreement to perform additional Services will be reflected in a written and executed change order, Addendum or amendment to this Agreement. Section 5 PERFORMANCE SCHEDULE The Parties will perform their respective responsibilities in accordance with the Performance Schedule. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance. Section 6 CONTRACT PRICE, PAYMENT AND INVOICING . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 63 City of Clearwater, FL March 10, 2025 AXS Consoles 6.1. Customer affirms that a purchase order or notice to proceed is not required for contract performance or for subsequent years of service, if any, and that sufficient funds have been appropriated in accordance with applicable law. The Customer will pay all invoices as received from Motorola and any changes in scope will be subject to the change order process as described in this Agreement. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement. 6.2. CONTRACT PRICE. The Contract Price in U.S. dollars is $1,185,000 which includes the Sourcewell administrative fee. Motorola will pay Sourcewell’s administrative fee in accordance with the payment terms of the Motorola/Sourcewell Contract dated July 4, 2021. If applicable, a pricing summary is included with the Payment schedule in Exhibit B. Motorola has priced the Services, Software, and Equipment as an integrated System. A change in Software or Equipment quantities, or Services, may affect the overall Contract Price, including discounts if applicable. Fees for professional, SUA, and/or subscription services which are not included in the Contract Price may be listed in Exhibit B, the pricing pages of the proposal, or the applicable Addendum. 6.3. INVOICING AND PAYMENT. Motorola will submit invoices to Customer according to the Payment schedule in Exhibit B. Invoices will be mailed or emailed to Customer pursuant to Section 6.5, Invoicing and Shipping Addresses. Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a wire transfer, check, or cashier’s check from a U.S. financial institution. Overdue invoices will bear simple interest at the maximum allowable rate. For reference, the Federal Tax Identification Number for Motorola is 36-1115800. 6.4. FREIGHT, TITLE, AND RISK OF LOSS. Motorola will pre-pay and add all freight charges to the invoices. Title and risk of loss to the Equipment will pass to Customer upon shipment. Title to Software will not pass to Customer at any time. Motorola will pack and ship all Equipment in accordance with good commercial practices. 6.5. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following address: Name:_____________________________________________________________________________ _ Address:___________________________________________________________________________ __ Phone: ______________________________________________________________________________ . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 64 City of Clearwater, FL March 10, 2025 AXS Consoles E-INVOICE. To receive invoices via email: Customer Account Number:____________________________________________________________ Customer Accounts Payable Email:______________________________________________________ Customer CC(optional) Email: __________________________________________________________ The address which is the ultimate destination where the Equipment will be delivered to Customer is: Name:_____________________________________________________________________________ _ Address:___________________________________________________________________________ __ The Equipment will be shipped to the Customer at the following address (insert if this information is known): Name:_____________________________________________________________________________ _ Address:___________________________________________________________________________ __ Phone:____________________________________________________________________________ __ Customer may change this information by giving written notice to Motorola. Section 7 SITES AND SITE CONDITIONS 7.1. ACCESS TO SITES. In addition to its responsibilities described elsewhere in this Agreement, Customer will provide a designated project manager; all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites and mounting locations; and access to the worksites or vehicles identified in the Technical and Implementation Documents as reasonably requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and Statement of Work. If the Statement of Work so indicates, Motorola may assist Customer in the local building permit process. 7.2. SITE CONDITIONS. Customer will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable and . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 65 City of Clearwater, FL March 10, 2025 AXS Consoles unless the Statement of Work states to the contrary, Customer will ensure that these work sites have adequate: physical space; air conditioning and other environmental conditions; adequate and appropriate electrical power outlets, distribution, equipment and connections; and adequate telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Equipment or Software at a work site, Motorola may inspect the work site and advise Customer of any apparent deficiencies or non-conformities with the requirements of this Section. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date. 7.3. SITE ISSUES. If a Party determines that the sites identified in the Technical and Implementation Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Technical and Implementation Documents, the Parties will promptly investigate the conditions and will select replacement sites or adjust the installation plans and specifications as necessary. If change in sites or adjustment to the installation plans and specifications causes a change in the cost or time to perform, the Parties will equitably amend the Contract Price, Performance Schedule, or both, by a change order. Section 8 TRAINING Any training to be provided by Motorola to Customer will be described in the applicable Statement of Work. Customer will notify Motorola immediately if a date change for a scheduled training program is required. If Motorola incurs additional costs because Customer reschedules a training program less than thirty (30) days before its scheduled start date, Motorola may recover these additional costs. Section 9 SYSTEM ACCEPTANCE 9.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten (10) days notice before the Acceptance Tests commence. System testing will occur only in accordance with the Acceptance Test Plan. 9.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the Acceptance Tests. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance Certificate. If the Acceptance Test Plan includes separate tests for individual Subsystems or phases of the System, acceptance of the individual Subsystem or phase will occur upon the successful completion of the Acceptance Tests for the Subsystem or phase, and the Parties will promptly execute an acceptance certificate for the Subsystem or phase. If Customer believes the System has failed the completed Acceptance Tests, Customer will provide to Motorola a written notice that includes the specific details of the failure. If Customer does not provide to Motorola a . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 66 City of Clearwater, FL March 10, 2025 AXS Consoles failure notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance or Subsystem acceptance, but will be corrected according to a mutually agreed schedule. 9.3. BENEFICIAL USE. Customer acknowledges that Motorola’s ability to perform its implementation and testing responsibilities may be impeded if Customer begins using the System before System Acceptance. Therefore, Customer will not commence Beneficial Use before System Acceptance without Motorola’s prior written authorization, which will not be unreasonably withheld. Motorola is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, Customer assumes responsibility for the use and operation of the System. 9.4. FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all deliverables and other work have been completed. When Final Project Acceptance occurs, the parties will promptly memorialize this final event by so indicating on the System Acceptance Certificate. Section 10 REPRESENTATIONS AND WARRANTIES 10.1. SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance with the Specifications in all material respects. Upon System Acceptance or Beneficial Use, whichever occurs first, this System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies that are caused by ancillary equipment not furnished by Motorola which is attached to or used in connection with the System or for reasons or parties beyond Motorola’s control, such as natural causes; the construction of a building that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition of frequencies at System sites that cause RF interference or intermodulation; or Customer changes to load usage or configuration outside the Specifications. 10.2. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment under normal use and service will be free from material defects in materials and workmanship. If System Acceptance is delayed beyond six (6) months after shipment of the Equipment by events or causes beyond Motorola’s control, this warranty expires eighteen (18) months after the shipment of the Equipment. 10.3. SOFTWARE WARRANTY. Except as described in the SwSP and unless otherwise stated in the Software License Agreement, during the Warranty Period, Motorola warrants the Software in . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 67 City of Clearwater, FL March 10, 2025 AXS Consoles accordance with the warranty terms set forth in the Software License Agreement and the provisions of this Section that are applicable to the Software. If System Acceptance is delayed beyond six (6) months after shipment of the Motorola Software by events or causes beyond Motorola’s control, this warranty expires eighteen (18) months after the shipment of the Motorola Software. Nothing in this Warranty provision is intended to conflict or modify the Software Support Policy. In the event of an ambiguity or conflict between the Software Warranty and Software Support Policy, the Software Support Policy governs. 10.4. EXCLUSIONS TO EQUIPMENT AND SOFTWARE WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; Customer’s failure to comply with all applicable industry and OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary wear and tear. 10.5. SERVICE WARRANTY. During the Warranty Period, Motorola warrants that the Services will be provided in a good and workmanlike manner and will conform in all material respects to the applicable Statement of Work. Services will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. Customer acknowledges that the Deliverables may contain recommendations, suggestions or advice from Motorola to Customer (collectively, “recommendations”). Motorola makes no warranties concerning those recommendations, and Customer alone accepts responsibility for choosing whether and how to implement the recommendations and the results to be realized from implementing them. 10.6. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will investigate the warranty claim. If this investigation confirms a valid Equipment or Software warranty claim, Motorola will (at its option and at no additional charge to Customer) repair the defective Equipment or Motorola Software, replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola Software. These actions will be the full extent of Motorola’s liability for the warranty claim. In the event of a valid Services warranty claim, Customer’s sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. If this investigation indicates the warranty claim is not valid, then Motorola may invoice Customer for responding to the claim on a time and materials basis using Motorola’s then current labor rates. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Motorola. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 68 City of Clearwater, FL March 10, 2025 AXS Consoles 10.7. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the System or Services for commercial, industrial, or governmental use only, and are not assignable or transferable. 10.8. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Section 11 DELAYS 11.1. FORCE MAJEURE. Neither Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the other Party promptly (but in no event later than fifteen days) after it discovers the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule or applicable Addenda for a time period that is reasonable under the circumstances. 11.2. PERFORMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. If Customer (including its other contractors) delays the Performance Schedule, it will make the promised payments according to the Payment schedule as if no delay occurred; and the Parties will execute a change order to extend the Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for additional freight, warehousing and handling of Equipment; extension of the warranties; travel; suspending and re-mobilizing the work; additional engineering, project management, and standby time calculated at then current rates; and preparing and implementing an alternative implementation plan. Section 12 DISPUTES The Parties will use the following procedure to address any dispute arising under this Agreement (a “Dispute”). 12.1. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the State in which the System is installed. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 69 City of Clearwater, FL March 10, 2025 AXS Consoles 12.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice of Dispute (“Notice of Dispute”). The Parties will attempt to resolve the Dispute promptly through good faith negotiations including 1) timely escalation of the Dispute to executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for the matter and 2) direct communication between the executives. If the Dispute has not been resolved within ten (10) days from the Notice of Dispute, the Parties will proceed to mediation. 12.3. MEDIATION. The Parties will choose an independent mediator within thirty (30) days of a notice to mediate from either Party (“Notice of Mediation”). Neither Party may unreasonably withhold consent to the selection of a mediator. If the Parties are unable to agree upon a mediator, either Party may request that American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith and will be represented at the mediation by a business executive with authority to settle the Dispute. 12.4. LITIGATION, VENUE and JURISDICTION. If a Dispute remains unresolved for sixty (60) days after receipt of the Notice of Mediation, either Party may then submit the Dispute to a court of competent jurisdiction in the state in which the System is installed. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts in such state over any claim or matter arising under or in connection with this Agreement. 12.5. CONFIDENTIALITY. All communications pursuant to subsections 12.2 and 12.3 will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and any additional confidentiality protections provided by applicable law. The use of these Dispute resolution procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either Party. Section 13 DEFAULT AND TERMINATION 13.1. DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement, the other Party may consider the non-performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non-performing Party a written and detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the plan. If Customer is the defaulting Party, Motorola may stop work on the project until it approves the Customer’s cure plan. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 70 City of Clearwater, FL March 10, 2025 AXS Consoles 13.2. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section 13.1, unless otherwise agreed in writing, the non-defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, the defaulting Party will promptly return to the non-defaulting Party any of its Confidential Information. If Customer is the non-defaulting Party, terminates this Agreement as permitted by this Section, and completes the System through a third Party, Customer may as its exclusive remedy recover from Motorola reasonable costs incurred to complete the System to a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price. Customer will mitigate damages and provide Motorola with detailed invoices substantiating the charges. In the event Customer elects to terminate this Agreement for any reason other than default, Customer shall pay Motorola for the conforming Equipment and/or Software delivered and all services performed. Section 14 INDEMNIFICATION 14.1. GENERAL INDEMNITY BY Motorola. Motorola will indemnify and hold Customer harmless from any and all liability, expense, judgment, suit, or cause of action arising from any third party claim or demand for personal injury, death, or direct damage to tangible property which may accrue against Customer to the extent it is caused by the negligence of Motorola, its subcontractors, or their employees or agents, while performing their duties under this Agreement, if Customer gives Motorola prompt, written notice of any third-party claim or suit. Customer will cooperate with Motorola in its defense or settlement of such claim or suit. This Section sets forth the full extent of Motorola’s general indemnification of Customer from liabilities that are in any way related to Motorola’s performance under this Agreement. 14.2. GENERAL INDEMNITY BY CUSTOMER. Customer will indemnify and hold Motorola harmless from any and all liability, expense, judgment, suit, or cause of action arising from any third party claim or demand for personal injury, death, or direct damage to tangible property which may accrue against Motorola to the extent it is caused by the negligence of Customer, its other contractors, or their employees or agents, while performing their duties under this Agreement, if Motorola gives Customer prompt, written notice of any third-party claim or suit. Motorola will cooperate with Customer in its defense or settlement of such claim or suit. This Section sets forth the full extent of Customer’s general indemnification of Motorola from liabilities that are in any way related to Customer’s performance under this Agreement. Customer’s indemnification of Motorola shall not be construed as a waiver of Customer’s sovereign immunity. The value of Customer’s indemnification of Motorola is subject to the limitations of §768.28, Florida Statutes. This indemnification is not intended 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. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 71 City of Clearwater, FL March 10, 2025 AXS Consoles 14.3. PATENT AND COPYRIGHT INFRINGEMENT. 14.3.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on a third-party claim alleging that the Equipment manufactured by Motorola or the Motorola Software (“Motorola Product”) directly infringes a United States patent or copyright (“Infringement Claim”). Motorola’s duties to defend and indemnify are conditioned upon: Customer promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and Customer providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the Infringement Claim. In addition to Motorola’s obligation to defend, and subject to the same conditions, Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim or agreed to, in writing, by Motorola in settlement of an Infringement Claim. 14.3.2 If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense: (a) procure for Customer the right to continue using the Motorola Product; (b) replace or modify the Motorola Product so that it becomes non-infringing while providing functionally equivalent performance; or (c) accept the return of the Motorola Product and grant Customer a credit for the Motorola Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards. 14.3.3 Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon: (a) the combination of the Motorola Product with any software, apparatus or device not furnished by Motorola; (b) the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Motorola Product; (c) Motorola Product designed or manufactured in accordance with Customer’s designs, specifications, guidelines or instructions, if the alleged infringement would not have occurred without such designs, specifications, guidelines or instructions; (d) a modification of the Motorola Product by a party other than Motorola; (e) use of the Motorola Product in a manner for which the Motorola Product was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement. In no event will Motorola’s liability resulting from its indemnity obligation to Customer extend in any way to royalties payable on a per use basis or the Customer’s revenues, or any royalty basis other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the infringing Motorola Product. 14.3.4. This Section 14 provides Customer’s sole and exclusive remedies and Motorola’s entire liability in the event of an Infringement Claim. Customer has no right to recover and Motorola has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section 14 are subject to and limited by the restrictions set forth in Section 15. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 72 City of Clearwater, FL March 10, 2025 AXS Consoles Section 15 LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of the Equipment, Software, or implementation and other one-time Services with respect to which losses or damages are claimed. With respect to all subscription or other ongoing Services and unless as otherwise provided under the applicable Addenda, Motorola’s total liability will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Services preceding the incident giving rise to the claim. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS, INCONVENIENCE, LOSS OF USE, LOSS TIME, DATA, GOODWILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. Section 16 CONFIDENTIALITY AND PROPRIETARY RIGHTS 16.1. CONFIDENTIAL INFORMATION. 16.1.1. Each party is a disclosing party (“Discloser”) and a receiving party (“Recipient”) under this Agreement. All Deliverables will be deemed to be Motorola’s Confidential Information. During the term of this Agreement and for a period of three (3) years from the expiration or termination of this Agreement, Recipient will (i) not disclose Confidential Information to any third party; (ii) restrict disclosure of Confidential Information to only those employees (including, but not limited to, employees of any wholly owned subsidiary, a parent company, any other wholly owned subsidiaries of the same parent company), agents or consultants who must be directly involved with the Confidential Information for the purpose and who are bound by confidentiality terms substantially similar to those in this Agreement; (iii) not copy, reproduce, reverse engineer, decompile, or disassemble any Confidential Information; (iv) use the same degree of care as for its own information of like importance, but at least use reasonable care, in safeguarding against disclosure of Confidential Information; (v) promptly notify Discloser upon discovery of any unauthorized use or disclosure of the Confidential Information and take reasonable steps to regain possession of the Confidential Information and prevent further unauthorized actions or other breach of this Agreement; and (vi) only use the Confidential Information as needed to fulfill this Agreement. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 73 City of Clearwater, FL March 10, 2025 AXS Consoles 16.1.2. Recipient is not obligated to maintain as confidential, Confidential Information that Recipient can demonstrate by documentation (i) is now available or becomes available to the public without breach of this agreement; (ii) is explicitly approved for release by written authorization of Discloser; (iii) is lawfully obtained from a third party or parties without a duty of confidentiality; (iv) is known to the Recipient prior to such disclosure; or (v) is independently developed by Recipient without the use of any of Discloser’s Confidential Information or any breach of this Agreement. Additionally, the Recipient may disclose Confidential Information to the extent required by a judicial or legislative order or proceeding, or by any applicable federal or state open records act or freedom of information act requirements provided that it gives the Discloser prompt prior notice of the intended disclosure and an opportunity to respond or object to the disclosure, if permissible. 16.1.3. All Confidential Information remains the property of the Discloser and will not be copied or reproduced without the express written permission of the Discloser, except for copies that are absolutely necessary in order to fulfill this Agreement. Within ten (10) days of receipt of Discloser’s written request, Recipient will return all Confidential Information to Discloser along with all copies and portions thereof, or certify in writing that all such Confidential Information has been destroyed. However, Recipient may retain one (1) archival copy of the Confidential Information that it may use only in case of a dispute concerning this Agreement. No license, express or implied, in the Confidential Information is granted other than to use the Confidential Information in the manner and to the extent authorized by this Agreement. The Discloser warrants that it is authorized to disclose any Confidential Information it discloses pursuant to this Agreement. 16.2. PRESERVATION OF MOTOROLA’S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non-Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing to Customer the Equipment, Software, or related services remain vested exclusively in Motorola, and this Agreement does not grant to Customer any shared development rights of intellectual property. Except as explicitly provided in the Software License Agreement, Motorola does not grant to Customer, either directly or by implication, estoppel, or otherwise, any right, title or interest in Motorola’s Proprietary Rights. Customer will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner. 16.3 VOLUNTARY DISCLOSURE. Except as required to fulfill its obligations under this Agreement, Motorola will have no obligation to provide Customer with access to its Confidential Information and/or proprietary information. Under no circumstances will Motorola be required to provide any data related to cost and pricing. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 74 City of Clearwater, FL March 10, 2025 AXS Consoles 16.4 DATA AND FEEDBACK. 16.4.1 To the extent permitted by law, Customer owns all right, title and interest in System Data created solely by it or its agents (hereafter, “Customer Data”), and grants to Motorola the right to use, host, cache, store, reproduce, copy, modify, combine, analyze, create derivatives from, communicate, transmit, publish, display, and distribute such Customer Data. 16.4.2 Motorola owns all right, title and interest in data resulting from System Data that is or has been transformed, altered, processed, aggregated, correlated or operated on (hereafter, “Derivative Data”). 16.4.3 Any Feedback given by Customer is and will be entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation for Motorola. Motorola will be free to use, reproduce, license or otherwise distribute and exploit the Feedback without any obligation to Customer. Customer acknowledges that Motorola’s receipt of the Feedback does not imply or create recognition by Motorola of either the novelty or originality of any idea. The parties further agree that all fixes, modifications and improvements made to Motorola products or services conceived of or made by Motorola that are based, either in whole or in part, on the Feedback are the exclusive property of Motorola and all right, title and interest in and to such fixes, modifications or improvements to the Motorola product or service will vest solely in Motorola. Section 17 GENERAL 17.1. TAXES. The Contract Price does not include any excise, sales, lease, use, property, or other taxes, assessments or duties, all of which will be paid by Customer except as exempt by law. If Motorola is required to pay any of these taxes, Motorola will send an invoice to Customer and Customer will pay to Motorola the amount of the taxes (including any interest and penalties) within thirty (30) days after the date of the invoice. Customer will be solely responsible for reporting the Equipment for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income or net worth. 17.2. ASSIGNABILITY AND SUBCONTRACTING. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a “Separated Business”), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a “Separation Event”), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 75 City of Clearwater, FL March 10, 2025 AXS Consoles following the Separation Event. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.3. WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 17.4. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect. 17.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind. 17.6. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party. 17.7. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address provided by the other Party by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt. 17.8. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. Customer will obtain and comply with all Federal Communications Commission (“FCC”) licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. Although Motorola might assist Customer in the preparation of its FCC license applications, neither Motorola nor any of its employees is an agent or representative of Customer in FCC or other matters. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 76 City of Clearwater, FL March 10, 2025 AXS Consoles 17.9 FUTURE REGULATORY REQUIREMENTS. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Services and use of Solution may change. Changes to existing Services or the Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Services. 17.10. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party. 17.11. ADMINISTRATOR LEVEL ACCOUNT ACCESS. If applicable to the type of System purchased by Customer, Motorola will provide Customer with Administrative User Credentials. Customer agrees to only grant access to the Administrative User Credentials to those personnel with the training and experience to correctly use them. Customer is responsible for protecting Administrative User Credentials from disclosure and maintaining Credential validity by, among other things, updating passwords when required. Customer may be asked to provide valid Administrative User Credentials when in contact with Motorola System support personnel. Customer understands that changes made as the Administrative User can significantly impact the performance of the System. Customer agrees that it will be solely responsible for any negative impact on the System or its users by any such changes. System issues occurring as a result of changes made using the Administrative User Credentials may impact Motorola’s ability to perform Services or other obligations under the Agreement. In such cases, a revision to the appropriate provisions of the Agreement, including the Statement of Work, may be necessary. To the extent Motorola provides assistance to correct any issues caused by or arising out of the use of or failure to maintain Administrative User Credentials, Motorola will be entitled to bill Customer and Customer will pay Motorola on a time and materials basis for resolving the issue. 17.12. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 3.5 (Motorola Software); Section 3.6 (Non-Motorola Software); if any payment obligations exist, Sections 6.2 and 6.3 (Contract Price and Invoicing and Payment); Subsection 10.8 (Disclaimer of Implied Warranties); Section 12 (Disputes); Section 15 (Limitation of Liability); and Section 16 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 17. 17.13. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, and shall have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing, or by . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 77 City of Clearwater, FL March 10, 2025 AXS Consoles electronic signature, including by email. An electronic signature, or a facsimile copy or computer image, such as a PDF or tiff image, of a signature, shall be treated as and shall have the same effect as an original signature. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase or purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document. The Parties hereby enter into this Agreement as of the Effective Date. Motorola Solutions, Inc. Customer City of Clearwater, FL By: ______________________________ By: ______________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: _____________________________ Date: ____________________________ Date: _____________________________ Exhibit A MOTOROLA SOFTWARE LICENSE AGREEMENT This Exhibit A Motorola Software License Agreement ("Agreement") is between Motorola Solutions, Inc., (“Motorola"), and City of Clearwater, FL (“Licensee”). For good and valuable consideration, the parties agree as follows: Section 1 DEFINITIONS . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 78 City of Clearwater, FL March 10, 2025 AXS Consoles 1.1 “Designated Products” means products provided by Motorola to Licensee with which or for which the Software and Documentation is licensed for use. 1.2 “Documentation” means product and software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which such information is provided). 1.3 “Open Source Software” means software with either freely obtainable source code, license for modification, or permission for free distribution. 1.4 “Open Source Software License” means the terms or conditions under which the Open Source Software is licensed. 1.5 “Primary Agreement” means the agreement to which this exhibit is attached. 1.6 “Security Vulnerability” means a flaw or weakness in system security procedures, design, implementation, or internal controls that could be exercised (accidentally triggered or intentionally exploited) and result in a security breach such that data is compromised, manipulated or stolen or the system damaged. 1.7 “Software” (i) means proprietary software in object code format, and adaptations, translations, de-compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement. Section 2 SCOPE Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain proprietary software or products containing embedded or pre-loaded proprietary software, or both. This Agreement contains the terms and conditions of the license Motorola is providing to Licensee, and Licensee’s use of the proprietary software and affiliated documentation. Section 3 GRANT OF LICENSE . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 79 City of Clearwater, FL March 10, 2025 AXS Consoles 3.1. Subject to the provisions of this Agreement and the payment of applicable license fees, Motorola grants to Licensee a personal, limited, non-transferable (except as permitted in Section 7) and non-exclusive license under Motorola’s copyrights and Confidential Information (as defined in the Primary Agreement) embodied in the Software to use the Software, in object code form, and the Documentation solely in connection with Licensee's use of the Designated Products. This Agreement does not grant any rights to source code. 3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software, the terms and conditions governing the use of such Open Source Software are in the Open Source Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee’s use of the Open Source Software, the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license grants in this Agreement. If requested by Licensee, Motorola will use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this Agreement; and (ii) identify the Open Source Software (or specify where that license may be found). 3.3 TO THE EXTENT, IF ANY, THAT THERE IS A SEPARATE LICENSE AGREEMENT PACKAGED WITH, OR PROVIDED ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT BECOMES EFFECTIVE ON AN ACT OF ACCEPTANCE BY THE END USER, THEN THAT AGREEMENT SUPERSEDES THE SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT. Section 4 LIMITATIONS ON USE 4.1. Licensee may use the Software only for Licensee's internal business purposes and only in accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting the general nature of these restrictions, Licensee will not make the Software available for use by third parties on a "time sharing," "application service provider," or "service bureau" basis or for any other similar commercial rental or sharing arrangement. 4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer, disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or Documentation to any third party, grant any sublicense or other rights in the Software or Documentation to any third party, or take any action that would cause the Software or Documentation to be placed in the public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of Motorola's proprietary rights; (v) provide, copy, transmit, disclose, divulge or make the . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 80 City of Clearwater, FL March 10, 2025 AXS Consoles Software or Documentation available to, or permit the use of the Software by any third party or on any machine except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a manner that would result in the production of a copy of the Software solely by activating a machine containing the Software. Licensee may make one copy of Software to be used solely for archival, back-up, or disaster recovery purposes; provided that Licensee may not operate that copy of the Software at the same time as the original Software is being operated. Licensee may make as many copies of the Documentation as it may reasonably require for the internal use of the Software. 4.3. Unless otherwise authorized by Motorola in writing, Licensee will not, and will not enable or allow any third party to: (i) install a licensed copy of the Software on more than one unit of a Designated Product; or (ii) copy onto or transfer Software installed in one unit of a Designated Product onto one other device. Licensee may temporarily transfer Software installed on a Designated Product to another device if the Designated Product is inoperable or malfunctioning, if Licensee provides written notice to Motorola of the temporary transfer and identifies the device on which the Software is transferred. Temporary transfer of the Software to another device must be discontinued when the original Designated Product is returned to operation and the Software must be removed from the other device. Licensee must provide prompt written notice to Motorola at the time temporary transfer is discontinued. 4.4 Licensee will maintain, during the term of this Agreement and for a period of two years thereafter, accurate records relating to this license grant to verify compliance with this Agreement. Motorola or an independent third party (“Auditor”) may inspect Licensee’s premises, books and records, upon reasonable prior notice to Licensee, during Licensee’s normal business hours and subject to Licensee's facility and security regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor. Any information obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this Agreement. Section 5 OWNERSHIP AND TITLE Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software and Documentation (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, emulations to or derivative works from the Software or Documentation, whether made by Motorola or another party, or any improvements that result from Motorola’s processes or, provision of information services). No rights are granted to Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or prepared by Motorola in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in Motorola, and Licensee will not have any shared development or other intellectual property rights. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 81 City of Clearwater, FL March 10, 2025 AXS Consoles Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY 6.1. Unless otherwise stated in the Primary Agreement, the commencement date and the term of the Software warranty will be a period of ninety (90) days from Motorola's shipment of the Software (the "Warranty Period"). If Licensee is not in breach of any of its obligations under this Agreement, Motorola warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee’s use of the Software or the Designated Products will be uninterrupted, error-free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee’s particular requirements. Motorola makes no representations or warranties with respect to any third party software included in the Software. Notwithstanding, any warranty provided by a copyright owner in its standard license terms will flow through to Licensee for third party software provided by Motorola. 6.2 Motorola’s sole obligation to Licensee and Licensee’s exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. If Motorola cannot correct the defect within a reasonable time, then at Motorola’s option, Motorola will replace the defective Software with functionally-equivalent Software, license to Licensee substitute Software which will accomplish the same objective, or terminate the license and refund the Licensee’s paid license fee. 6.3. Warranty claims are described in the Primary Agreement. 6.4. The express warranties set forth in this Section 6 are in lieu of, and Motorola disclaims, any and all other warranties (express or implied, oral or written) with respect to the Software or Documentation, including, without limitation, any and all implied warranties of condition, title, non-infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not Motorola knows, has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, Motorola disclaims any warranty to any person other than Licensee with respect to the Software or Documentation. Section 7 TRANSFERS Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written consent. Motorola’s consent may be withheld at its discretion and may be conditioned upon . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 82 City of Clearwater, FL March 10, 2025 AXS Consoles transferee paying all applicable license fees and agreeing to be bound by this Agreement. If the Designated Products are Motorola's radio products and Licensee transfers ownership of the Motorola radio products to a third party, Licensee may assign its right to use the Software (other than CPS and Motorola's FLASHport® software) which is embedded in or furnished for use with the radio products and the related Documentation; provided that Licensee transfers all copies of the Software and Documentation to the transferee, and Licensee and the transferee sign a transfer form to be provided by Motorola upon request, obligating the transferee to be bound by this Agreement. Section 8 TERM AND TERMINATION 8.1 Licensee’s right to use the Software and Documentation will begin when the Primary Agreement is signed by both parties and will continue for the life of the Designated Products with which or for which the Software and Documentation have been provided by Motorola, unless Licensee breaches this Agreement, in which case this Agreement and Licensee's right to use the Software and Documentation may be terminated immediately upon notice by Motorola. 8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to Motorola that all copies of the Software have been removed or deleted from the Designated Products and that all copies of the Software and Documentation have been returned to Motorola or destroyed by Licensee and are no longer in use by Licensee. 8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Software and Documentation and that Licensee's breach of this Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession of all non-embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government). Section 9 Commercial Computer Software 9.1 This Section 9 only applies to U.S. Government end users. The Software, Documentation and updates are commercial items as that term is defined at 48 C.F.R. Part 2.101, consisting of “commercial computer software” and “computer software documentation” as such terms are defined in 48 C.F.R. Part 252.227-7014(a)(1) and 48 C.F.R. Part 252.227-7014(a)(5), and used in 48 C.F.R. Part 12.212 and 48 C.F.R. Part 227.7202, as applicable. Consistent with 48 C.F.R. Part 12.212, 48 C.F.R. Part 252.227-7015, 48 C.F.R. Part 227.7202-1 through 227.7202-4, 48 C.F.R. Part 52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, the Software, Documentation and Updates are distributed and licensed to U.S. Government end users: (i) only as commercial items, and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions contained herein. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 83 City of Clearwater, FL March 10, 2025 AXS Consoles 9.2 If Licensee is licensing Software for end use by the United States Government or a United States Government agency, Licensee may transfer such Software license, but only if: (i) Licensee transfers all copies of such Software and Documentation to such United States Government entity or interim transferee, and (ii) Licensee has first obtained from the transferee (if applicable) and ultimate end user an enforceable end user license agreement containing restrictions substantially identical to the ones contained in this Agreement. Except as stated in the foregoing, Licensee and any transferee(s) authorized by this subsection 9.2 may not otherwise use or transfer or make available any Motorola software to any third party nor permit any party to do so. Section 10 CONFIDENTIALITY Licensee acknowledges that the Software and Documentation contain Motorola’s valuable proprietary and Confidential Information and are Motorola’s trade secrets, and that the provisions in the Primary Agreement concerning Confidential Information apply. Section 11 LIMITATION OF LIABILITY The Limitation of Liability provision is described in the Primary Agreement. Section 12 NOTICES Notices are described in the Primary Agreement. Section 13 GENERAL 13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption of publication of the Software or public disclosure of any trade secrets associated with the Software. 13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and regulations of the United States and Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States. Licensee will not, without the prior authorization of Motorola and the appropriate governmental authority of the United States, in any form export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States Government or any of its agencies at the time of the action, requires an export license or other governmental approval. Violation of this provision is a material breach of this Agreement. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 84 City of Clearwater, FL March 10, 2025 AXS Consoles 13.3 FUTURE REGULATORY REQUIREMENTS. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Services and use of Solution may change. Changes to existing Services or the Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Services. 13.4. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or consent of Licensee. 13.5. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent that they apply and otherwise by the internal substantive laws of the State to which the Software is shipped if Licensee is a sovereign government entity, or the internal substantive laws of the State of Illinois if Licensee is not a sovereign government entity. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply. In the event that the Uniform Computer Information Transaction Act, any version of this Act, or a substantially similar law (collectively "UCITA") becomes applicable to a party's performance under this Agreement, UCITA does not govern any aspect of this Agreement or any license granted under this Agreement, or any of the parties' rights or obligations under this Agreement. The governing law will be that in effect prior to the applicability of UCITA. 13.6. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Motorola and Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing, any licensor or supplier of third party software included in the Software will be a direct and intended third party beneficiary of this Agreement. 13.7. SURVIVAL. Sections 4, 5, 6.4, 7, 8, 9, 10, 11 and 13 survive the termination of this Agreement. 13.8. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other subject matter. 13.9. SECURITY. Motorola uses reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit Security Vulnerabilities. While no software can be guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Motorola will take the steps set forth in Section 6 of this Agreement. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 85 City of Clearwater, FL March 10, 2025 AXS Consoles . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 86 City of Clearwater, FL March 10, 2025 AXS Consoles Exhibit B PAYMENT Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier’s check, or wire transfer drawn on a U.S. financial institution. If Customer has purchased additional Professional or Subscription services, payment will be in accordance with the applicable addenda. Payment for the System purchase will be in accordance with the following milestones. System Purchase (excluding Subscribers, if applicable) 1. 85% of the Contract Price due upon delivery of equipment from Staging; 2. 10% of the Contract Price due upon installation of equipment; and 3. 5% of the Contract Price due upon Final Acceptance. If Subscribers are purchased, 100% of the Subscriber Contract Price will be invoiced upon shipment (as shipped). Motorola shall make partial shipments of equipment and will request payment upon shipment of such equipment. In addition, Motorola shall invoice for installations completed on a site-by-site basis or when professional services are completed, when applicable. The value of the equipment shipped/services performed will be determined by the value shipped/services performed as a percentage of the total milestone value. Unless otherwise specified, contract discounts are based upon all items proposed and overall system package. For invoicing purposes only, discounts will be applied proportionately to the FNE and Subscriber equipment values to total contract price. Overdue invoices will bear simple interest at the maximum allowable rate by state law. For Lifecycle Support Plan and Subscription Based Services: Motorola will invoice Customer annually in advance of each year of the plan. The chart below outlines the hourly labor rates for Motorola System Integration resources to be used. The staffing requirements shall be multiplied by the appropriate rate per resource in the table below. The hourly labor rates are fully burdened. The hourly rates per resource type and level are listed in Table 1. These rates apply to ordinary days and times (Monday to Friday during the hours 8am to 5pm). Additional surcharges may apply to work done outside these timeframes. The minimum charge for any resource will be 4 hours. Travel expenses are not included in these rates and may be charged . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 87 City of Clearwater, FL March 10, 2025 AXS Consoles separately. The qualifications of each type and level of resource are defined in the tables found at https://www.motorolasolutions.com/content/dam/msi/secure/services/labor-rates-exhibit-160408.pdf. All Motorola System Integration personnel assigned to this project will be classified according these levels. Project Administrative roles are varied and their specific duties and qualifications will be determined by the complexity and requirements of each project. . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 88 City of Clearwater, FL March 10, 2025 AXS Consoles EXHIBIT C Motorola Proposal dated March 10, 2025 . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 89 City of Clearwater, FL March 10, 2025 AXS Consoles EXHIBIT D System Acceptance Certificate Customer Name: ______________________________________________________ Project Name: ________________________________________________________ This System Acceptance Certificate memorializes the occurrence of System Acceptance. Motorola and Customer acknowledge that: 1. The Acceptance Tests set forth in the Acceptance Test Plan have been successfully completed. 2. The System is accepted. Customer Representative: Motorola Representative: Signature: ____________________________ Signature: ____________________________ Print Name: ___________________________ Print Name: ___________________________ Title: ________________________________ Title: ________________________________ . Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted FGM21PC12345 Page 90 City of Clearwater, FL March 10, 2025 AXS Consoles Date: ________________________________ Date: ________________________________ FINAL PROJECT ACCEPTANCE: Motorola has provided and Customer has received all deliverables, and Motorola has performed all other work required for Final Project Acceptance. Customer Representative: Motorola Representative: Signature: ____________________________ Signature: ____________________________ Print Name: ___________________________ Print Name: ___________________________ Title: ________________________________ Title: ________________________________ Date: ________________________________ Date: ________________________________ 042021-MOT Rev. 10/2020 1 Solicitation Number: RFP #042021 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Motorola Solutions, Inc., 500 W. Monroe, Chicago, IL 60661 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Public Safety Communications Technology and Hardware Solutions from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires June 23, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. 042021-MOT Rev. 10/2020 2 All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warranties for Equipment, Products, and Services furnished are set forth in Vendor’s then-current Communication, Systems & Services Agreement, which will be made available to Participating Entities at the time of purchase. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. 042021-MOT Rev. 10/2020 3 Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Freight, title and risk of loss terms will be as set forth in Vendor’s then-current Communication, Systems & Services Agreement, which will be made available to Participating Entities at the time of purchase. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and 042021-MOT Rev. 10/2020 4 x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract in the United States. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, 042021-MOT Rev. 10/2020 5 Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Vendor will require the use of Vendor’s then-current Communication, Systems & Services Agreement (“CCSA”) and Exhibits, Subscription Services Addendum (“SSA”), Maintenance and Support Addendum (“MSA”), and Telecommunication Carrier Addendums (“TCA”). Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal or state laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity, after receipt of notice from Sourcewell or the Participating Entity, and fails to correct such breach within thirty days. In the event of termination under this subsection 6. D., the Participating Entity will remain liable for contract amounts due and attributable to Equipment, Products, and Services delivered or performed on or before the date of the termination. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 042021-MOT Rev. 10/2020 6 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address; x Customer City; x Customer State/Province; x Customer Zip Code; x Customer Contact Name; x Customer Contact Email Address; x Customer Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not 042021-MOT Rev. 10/2020 7 added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. 042021-MOT Rev. 10/2020 8 D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees. Sourcewell will provide prompt written notice to Vendor of any claim or suit, and will cooperate with Vendor in its defense or settlement of the claim or suit. Vendor’s maximum liability for damages caused by failure to perform its obligations under this Contract is limited to proven direct damages for all claims arising out of this Contract not to exceed the total net payments of Administrative Fees paid under any twenty-four (24) month period during the Term. Vendor’s indemnification obligations under the Contract are excluded from this provision. VENDOR WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT OR TORT. CONSEQUENTIAL, INCIDENTAL, AND INDIRECT DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS, LOST REVENUES, AND LOSS OF BUSINESS OPPORTUNITY, WHETHER OR NOT THE OTHER PARTY WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES. Vendor’s obligations to indemnify or hold harmless Participating Entities will be as set forth in Vendor’s Communication, Systems & Services Agreement. 12. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 042021-MOT Rev. 10/2020 9 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor. b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable United States patent or copyright laws. Vendor’s obligations to indemnify or hold harmless Participating Entities for intellectual property infringement will be as set forth in Vendor’s then-current Communication, Systems & Services Agreement. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all 042021-MOT Rev. 10/2020 10 marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, 042021-MOT Rev. 10/2020 11 Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default (unless a force majeure causes the default): 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a 30 day opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance in accordance with the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts listed below: Limits: $1,000,000 each accident for bodily injury by accident $1,000,000 policy limit for bodily injury by disease $1,000,000 each employee for bodily injury by disease 042021-MOT Rev. 10/2020 12 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Limits: $3,000,000 each occurrence Bodily Injury and Property Damage $3,000,000 Personal and Advertising Injury $5,000,000 aggregate for Products-Completed operations $5,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. Limits: $2,000,000 each accident, combined single limit 4. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. 042021-MOT Rev. 10/2020 13 C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) its workers compensation, commercial general liability, and automobile liability insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the workers compensation, commercial general liability, and automobile liability insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian 042021-MOT Rev. 10/2020 14 government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that 042021-MOT Rev. 10/2020 15 each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. Intentionally Omitted. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for 042021-MOT Rev. 10/2020 16 debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a 042021-MOT Rev. 10/2020 17 satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 22. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Motorola Solutions, Inc. By: __________________________ By: __________________________ Jeremy Schwartz Carrie Hemmen Title: Chief Procurement Officer Title: MSSSI Territory Vice President & Director of Sales Date: ________________________ Date: ________________________ Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date: ________________________ 5)33XEOLF6DIHW\&RPPXQLFDWLRQV7HFKQRORJ\DQG +DUGZDUH6ROXWLRQV 9HQGRU'HWDLOV &RPSDQ\1DPH 0RWRUROD6ROXWLRQV,QF $GGUHVV :0RQURH6W 6WH &KLFDJR,/ &RQWDFW /DQH)HLQJROG (PDLO ODQHIHLQJROG#PRWRURODVROXWLRQVFRP 3KRQH +67 6XEPLVVLRQ'HWDLOV &UHDWHG2Q 7XHVGD\0DUFK 6XEPLWWHG2Q 7XHVGD\$SULO 6XEPLWWHG%\ /DQH)HLQJROG (PDLO ODQHIHLQJROG#PRWRURODVROXWLRQVFRP 7UDQVDFWLRQDHEHDHEFHD 6XEPLWWHU V,3$GGUHVV Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc. 6SHFLILFDWLRQV 7DEOH3URSRVHU,GHQWLW\ $XWKRUL]HG5HSUHVHQWDWLYHV *HQHUDO,QVWUXFWLRQVDSSOLHVWRDOO7DEOHV6RXUFHZHOOSUHIHUVDEULHIEXWWKRURXJKUHVSRQVHWRHDFKTXHVWLRQ'RQRWPHUHO\DWWDFK 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Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc. Table 148: Depth and 8readth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Item Categoryor Type Offered *Comments 67 Fire or EMS station alertingor paging systems Yes No Yes. We partner with Mach Alert to provide Fire Station Alerting solutions.* 68 Connectivity and interoperability devices, hardware and equipment Yes No Yes. We are offering Critical Connect as our system to system interoperability solution, as well as control station radios to tie in legacy frequencies to current radio systems. * 69 Airborne, marine, and underwater communication systems Yes No No. * 70 Services related to lines 67, 68 and 69 above Yes No Yes. We have included the necessary services to implement and maintain the solutions mentioned in lines 67 & 68. * Table 15: Industry Specific Questions Line Item Question Response * 71 Describe the interoperability of your products and services with other equipment, software, and systems, as applicable Because we follow industry standards across our portfolio, our products are fully interoperable with other systems/devices that follow the definition in the specific standard in question. The standards the our products and solutions follow are listed in Line Item 73. Additionally, our services providers maintain certifications required within each solution (certifications are detailed in Line Item 14). * 72 Describe how your products and services integrate with other communications and technology components (e.g., CAD, RMS, LMR, etc.) Aside from meeting what the applicable standard defines for its interoperability requirements, Motorola Solutions has created an end-to-end platform that integrates our solutions from the time someone picks up the phone to dial 911 until case closure. These solutions include, but are not limited to Radio, 911 call handling, CAD, Records Management, Body Worn and In-Vehicle Cameras, Digital Evidence Management, Video Security, License Plate Recognition, Situational Awareness, and Broadband Communications. Because these are all solutions that we develop, we are creating integrations and are not limited to interfacing different solution together. Interfacing typically limits the communication between two solutions because it uses the least common denominator of the information that can pass between to solutions from different vendors. The integrations that we have, and continue, to develop are allowing for greater efficiencies as our customers do their jobs. We have also created a solution called CommandCentral Aware that allows for our radio system to integrate with other vendors CAD and Video solutions to create situational awareness for ourcustomers as the approach a scene. 73 Describe how your products and services conform to applicable industry standards and required specifications. The systems and equipment included in this response fully comply with one of the following standards; Project 25 (P25) - http://www.project25.org/, Digital Mobile Radio (DMR) - https://www.dmrassociation.org/dmr-standards.html, and Citizens Broadband Radio Service (CBRS) standards - https://www.ecfr.gov/cgi-bin/text-idx? SID=960a62ced28f9e89c169ed12daafa030&mc=true&node=pt47.5.96&rgn=div5. 74 Describe your use of installation or service partners,if applicable. Motorola Solutions utilizes both certified internal employees as well as our certified service partner shops to do installs and maintenance. Deciding which we utilize on each opportunity is dependenton the customer, if they have a preference, and the type of project. Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. Bid Number: RFP 042021 Vendor Name: Motorola Solutions, Inc. Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Financial Strength and Stability (optional) Marketing Plan/Samples (optional) WMBE/MBE/SBE or Related Certificates (optional) Warranty Information (optional) Pricing - Sourcewell RFP 042021 Pricing.pdf - Monday April 19, 2021 18:16:04 Upload Additional Document - Sourcewell RFP 042021 Proposal Document.pdf - Monday April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PUBLIC SAFETY Product Summary Catalog Description Percentage Discount (Off List Price) Infrastructure Fire Station Alerting Hardware 10% Infrastructure Fire Station Alerting Software 15% Infrastructure Radio Base Station Hardware 15% Infrastructure Radio Base Station Software 20% Infrastructure Master Site ASTRO Hardware 15% Infrastructure Master Site ASTRO Software 20% Infrastructure Transport Hardware 10% Infrastructure Moscad Hardware & Software 10% Infrastructure Interoperability Solutions 10% Infrastructure Paging Hardware & Software 10% Infrastructure Alarm & Control System 10% Infrastructure Vehicular Repeaters 10% Infrastructure Future Infrastructure Hardware & Software * released after date of contract 10% Subscribers All APX Portable Radio Subscriber Device 27% Subscribers All APX N Portable Radio Subscriber Device 27% Subscribers All APX Mobile Radio Subscriber Device 27% Subscribers All APX Desktop Radio Subscriber Device 27% Subscribers Flashport Software 20% Subscribers Future Mobile and Portable Subscriber Devices * released after date of contract 15% Subscribers Standalone Subscriber Accessories 15% Subscribers Bundled Subscriber Accessories with Subscriber Devices 27% Private LTE LTE Hardware & Software 0% Private LTE Broadband Device 0% Private LTE NITRO Hardware & Software 0% Private LTE NITRO Services 0% Consoles Console Hardware & Software 15% Consoles Console Accessories 15% Consoles Console Service 0% Avigilon Software & Hardware Avigilon Software & Hardware 10% Drop Ship Backhaul (Microwave, MPLS, etc)10% Drop Ship Distributed Antenna Systems 10% Drop Ship Site Equipment 10% Drop Ship Buildings & Towers 5% Drop Ship Antenna & Line 15% Drop Ship Test Equipment 10% Drop Ship Computers & Accessories 15% Drop Ship Time & Frequency Systems 15% Drop Ship Wireless Modems 5% System Integration & Support Services ASTRO Maintenance Support Services 0% System Integration & Support Services ASTRO Upgrade Support Services 0% System Integration & Support Services Motorola Shop Services 0% System Integration & Support Services Motorola Engineering Services 0% System Integration & Support Services Motorola Subscriber Services 0% System Integration & Support Services Motorola Project Management Services 0% System Integration & Support Services Motorola Engineering Services 0% System Integration & Support Services Site Development Services 0% System Integration & Support Services 3rd Party Services 0% System Integration & Support Services Motorola Security Services 0% Integrated Hardware & Software Encryption Hardware & Software 5% Integrated Hardware & Software Moto Locator Hardware 0% Integrated Hardware & Software Moto Locator Software 10% Integrated Hardware & Software Critical Connect Hardware 0% Integrated Hardware & Software Critical Connect Software 0% P25 System Subscriptions Cirrus Subscription 0% P25 System Subscriptions AXS Subscription 0% P25 System Subscriptions Asset Management Service 0% P25 Device Subscriptions APX Next Application Subscription 0% Miscellaneous Any non-catalog equipment 0% Miscellaneous Any non-catalog integrated software 0% Miscellaneous Any non-catalog service 0% PROFESSIONAL & COMMERCIAL ** Stated discount % will also be applied to any additional options added to Radio Order Product Summary Catalog Description Fixed Percentage Discount (Off List Price) MOTOTRBO Commercial Radios BPR40 / BPR50dX 15% MOTOTRBO Commercial Radios CP185 15% MOTOTRBO Commercial Radios CP100d 15% MOTOTRBO Commercial Radios CP200D / R2 15% MOTOTRBO Commercial Radios SL300 15% MOTOTRBO Commercial Radios EVX-S24 15% MOTOTRBO Commercial Radios CM200D 15% MOTOTRBO Commercial Radios CM300D 15% MOTOTRBO Professional Radios XPR 3300e / R5 15% MOTOTRBO Professional Radios XPR 3500e / R5 15% MOTOTRBO Professional Radios SL3500 15% MOTOTRBO Professional Radios XPR 7350e 15% MOTOTRBO Professional Radios XPR 7550e 15% MOTOTRBO Professional Radios XPR 7580e 15% MOTOTRBO Professional Radios MOTOTRBO R7 15% MOTOTRBO Professional Radios MOTOTRBO ION 15% MOTOTRBO Professional Radios XPR 2500 15% MOTOTRBO Professional Radios XPR 5350e 15% MOTOTRBO Professional Radios XPR 5550e 15% MOTOTRBO Professional Radios XPR 5580e 15% Battery / Accessory Portfolio MOTOROLA BATTERIES 15% Battery / Accessory Portfolio MOTOROLA ACCESSORIES 15% MOTOTRBO Digital Infrastructure SLR 1000 10% MOTOTRBO Digital Infrastructure SLR 5700 10% MOTOTRBO Digital Infrastructure SLR 8000 10% MOTOTRBO Digital Infrastructure Capacity Max System Server 10% Dispatch Console AVTEC Dispatch Console 10% Body-Worn Camera VB400/440 10% System Integration & Support / Install System Integration & Support / Install 0% PTT Subscription Services TLK100 0% PTT Subscription Services TLK150 0% **All orders placed under this request will be placed only with an approved additional named reseller as an Approved Authorized Motorola Solutions Resellers, (this list is located within Partner Finder search within motorolasolutions.com website), except as agreed to in writing by the Supplier. In no event will the Supplier assume liability for orders placed by a Approved reseller to an end customer under this Addendum. Interoffice Memorandum To: Jennifer Poirrier, City Manager From: Daniel Slaughter, Assistant City Manager CC: Date: March 5, 2025 Background The City of Clearwater has maintained an independent Land Mobile Radio (LMR) system for several decades. Decades ago, a decision was made to build a radio system developed by GE Ericsson, which eventually evolved to become M/A-COM. This was a different brand and manufacturer than the LMR system implemented by Pinellas County. The Clearwater LMR system is used primarily by the Clearwater Police Department and other non-public safety city departments, while the Clearwater Fire Department currently utilizes the Pinellas County LMR. At the time of implementation, the LMR systems did not have much, if any, interoperability. In the early stages of the radio system lifecycle the Clearwater Police Department had little to no ability to communicate with other law enforcement agencies or other public safety entities on the Pinellas County LMR system. However, the Clearwater LMR could provide some interoperability with the radio system used by Tampa Police Department, Hillsborough County Sheriff Office, and Pasco County Sheriffs Office, which were on independent M/A-COM systems at the time. Clearwater essentially took a regional approach to interoperability but at the expense of interoperability with Pinellas County. As the radio systems evolved, the M/A-COM system changed ownership and corporate names to what is currently L3Harris, Inc. Additionally, due to regulatory requirements and improvements in technology, overall interoperability has dramatically improved. LMR systems can now communicate over different LMR systems. Currently, the Clearwater Police operating on the Clearwater LMR system, can switch over and communicate on the Pinellas County LMR. However, it is not perfect. The Clearwater LMR is a P25 phase II system, and Pinellas County is a P25 phase I system. Both systems are good systems, however, it requires there to be a patch constantly running in the background to link the two systems, so the interoperability is available on demand. The current level of interoperability does not allow for the ability to scan multiple channels across different networks and the current process to switch radio equipment to different networks is not practical in the midst of an emergency. Another indirect issue relevant to this conversation is current regulations requiring structures to address signal degradation, to ensure public safety personnel can communicate when responding to emergencies in structures. There are legislative requirements for structures, including high-rise condominiums, to test signal strength, and if signal strength does not meet minimum thresholds, the property owner(s) are required to install a Bi-Directional Amplifier (BDA), to boost the signal in the structure. If Clearwater operates a separate radio system, this can create an additional financial burden on the ownership of a structure or building, requiring them to purchase two BDA systems or pay for one BDA for the Clearwater LMR system if the tests show adequate strength for the Pinellas County LMR but inadequate signal strength for the Pinellas County LMR. Financial Costs for Clearwater LMR The City of Clearwater last made major investments in the Clearwater LMR in 2014, to implement and upgrade to the current P25 system at a cost of $1,989,497. The system is upgraded approximately every 10 years. In July of 2024, L3Harris provided an upgrade proposal that included upgrades at a cost of $957,000, and optional upgrades at an additional cost of $436,943. In addition to the above-described upgrade proposal, in an effort to provide adequate radio coverage on Clearwater Beach, the City solicited a proposal in 2020 to add an additional repeater. The proposed cost to improve the signal issues were $917,802 in 2020. The City did not decide to proceed with adding the additional repeater for Clearwater Beach at that time. The annual reoccurring maintenance cost to maintain the L3Harris product in FY 25 is $350,599. Based on the above describe upgrade occurring every 10-years, it is prudent to plan for future upgrade costs in the amount of $100,000 a year. The Clearwater LMR system is approaching a crossroads that will require additional updating and potential enhancements to the system. These investments are sizeable, and would include updates to the LMR equipment/software and it is proper to evaluate if the City can continue to fund a stand-alone LMR system or if migrating to the Pinellas County radio system is a viable option to address the City’s funding constraints. Migration to Pinellas County LMR The Clearwater LMR currently utilizes a tower in the area of Lakeview Avenue and Missouri, and another tower in the area Clearwater Public Utilities Northeast Wastewater Treatment Plant. There are access agreements between the City and L3Harris to support our radio system and for L3Harris to support the State of Florida’s SLERS radio network on these towers. L3Harris also leases cellular space on one of the LMR towers through a revenue sharing agreement with the City where the revenue is shared 50%/50%. This generates $31,268 in revenue for the City annually. This revenue can continue to be received whether or not the City migrates to the Pinellas County LMR. The access agreements are due to expire in October 2027. Should the Council decide to approve this migration plan and not fund the L3Harris service fees in the future, L3Harris will still retain the right to access and manage the cellular leases and obligations to the State of Florida SLERS network. This will provide ample time between now and the expiration of the tower access agreements to negotiate new leases and ensure continuity of the State of Florida SLERS network and cellular tenant(s). To migrate the Clearwater Police Department to the Pinellas County LMR, the significant expense of the migration will be to replace the Police Communications Center radio consoles to a Motorola product and the necessary backbone to support working on the Motorola system. This cost to purchase the necessary equipment to migrate to the Pinellas County LMR is $1,303,879. There will be annual maintenance costs associated with the new consoles. The maintenance costs are included for the first two years, but the current cost for the maintenance of the consoles is $118,879 (adjusts annually) a year. The maintenance costs will be less expensive than the annual maintenance costs paid to L3Harris for the Clearwater LMR system. The interoperable nature of the current portables and mobile radios will allow our current radio portable and mobile hardware to be used seamlessly on the Pinellas County LMR system. This will require an expense to set up the current portables and mobiles to work on the Pinellas County LMR, and program the new profiles (channel configuration) that would cost $52,792. This equipment can be used on the Pinellas County LMR until it reaches end of life. The following lists show the current costs associated with the Clearwater LMR system and the costs associated if the City were to migrate to the Pinellas County LMR system. Migration to Pinellas LMR Maintain Clearwater LMR Motorola Consoles $1,303,879 Perform upgrade/expand repeater $1,874,802 Reprogramming $52,792 Annual Service Maintenance $350,599 Annual Service $118,879 Based on the above expenses, migrating to the Pinellas County LMR will reduce capital expenses in the amount of $518,131. Additionally, annual service costs would be reduced by $231,720 a year. The City of Clearwater would not be required to pay Pinellas County to utilize the Pinellas County LMR for public safety personnel. The City would be required to maintain our hardware. Future expenses would include updating and replacing consoles once they reach end of life. However, those expenses exist with both systems, and it would be wise to plan for an expense of approximately $1,000,000 every 10-years for equipment upgrades for the Communications Center. The significant value in this migration is reflected in the reduction in annual maintenance costs of $231,720 a year. If the City were to fully migrate to the Pinellas County LMR, there would be costs for non-public safety departments (mostly Enterprise Funds) to operate on the Pinellas County LMR system, which has yet to be negotiated. Currently, city departments are charged an interfund charge for each departments prorate share of the Clearwater LMR system. The costs are anticipated to be comparable to the current interfund charges, and the City intends to mitigate exposure to these costs by migrating staff off of LMR systems when other more cost-effective technologies, such as line-of-sight radios or cell phones. Recommendation Based on a careful analysis, the financial savings will help the City meet its fiscal strategy. Additionally, there are operational benefits of all public safety entities in Pinellas County being on the same LMR system. The police department supports the transition for operational reasons. Therefore, staff recommends migrating to the Pinellas County LMR to remain within our financial constraints of the City of Clearwater, provide for improved interagency communication between Clearwater PD and other law enforcement agencies in Pinellas County, and an annual reoccurring savings of $231,720 (subject to annual increases). DWS Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0206 Agenda Date: 3/17/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 6.10 SUBJECT/RECOMMENDATION: Approve a loan in the amount of $1,000,000.00 to SAH Indigo Holdings LP for the acquisition of real property located at 801 Chestnut St. contingent upon the satisfactory outcome of, as determined by the Economic Development and Housing Director, a subsidy analysis, the receipt of a structural evaluation, approval of all funding sources, and a tenant relocation plan; and authorize the appropriate officials to execute documents required to effect closing of the loan. SUMMARY: Indigo Apartments is comprised of 208 units and was originally developed for low-income senior housing. In 2015, the property was purchased and converted to market rate, excluding 20 units that are legally restricted by HOME funding that was previously provided to the property by the City of Clearwater. Sunrise Affordable Housing Group, through their special purpose entity SAH Indigo Holdings LP (Sunrise), is currently under contract to acquire Indigo Apartments and is planning to convert it to legally restricted affordable housing under a 50-year affordability commitment through the Low-Income Housing Tax Credit (LIHTC) program, implementing income and rent restrictions on 100% of units with thresholds set at 30%, 60%, and 80% of area median income. The restrictions will result in significant rent reductions, resulting in an average +/- 51% discount when compared to today’s market-rate rents. The property will be placed in the Pinellas County Land Trust, which will provide a 99-year lease to Sunrise, placing 208 housing under the county’s land use restrictions. To support the project, staff recommends approval of a deferred, 0% interest 40-year loan in the amount of $1,000,000.00, utilizing a combination of CDBG and SHIP funding. The loan will support the acquisition of the property. The CRA has agreed to provide a $2,000,000.00 loan to Sunrise to support the acquisition of the property. The city funding will assist a total of 6 units which will be restricted by a land use restriction agreement and monitored by City staff for the duration of the LURA. The final approval of the loan will be contingent upon the outcome of a subsidy analysis, the receipt of a structural evaluation of the subject property that justifies the rehabilitation component of the project, the approval of all funding sources, and a satisfactory tenant relocation plan as determined by City. APPROPRIATION CODE AND AMOUNT: Funding is to be provided by State Housing Initiatives Partnership (SHIP) Program, Community Development Block Grant (CDBG) and CDBG Revolving Loan Funds. No General Fund monies will be appropriated. USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: Objective 2.4 - Supports equitable housing programs that promote household stability and reduces the incidence of homelessness within Clearwater. Page 1 City of Clearwater Printed on 3/11/2025 The Indigo Apartments – Transaction Rationale 1. This Transaction will Result in a Significant Boost to Clearwater’s Affordable Housing Supply The Indigo Apartments conversion will establish the third largest LIHTC community in Clearwater, ensure the City and County have site control indefinitely and increase the stock of Affordable Housing units in the City by 18%. As seen in the chart below, there are only 9 LITHC properties in Clearwater totaling 1,127 units. This transaction is an opportunity to make the largest increase to the Clearwater Affordable Housing stock over the last two decades and nearly match the amount of units produced during that timeframe. This transaction is not Affordable Housing preservation, it is Affordable Housing creation. 2. Produce New Affordable Housing Units at 42% Discount to New Development Costs Last month, Clearwater announced its first new LIHTC development project in a few years, Clearwater Gardens. It is reported this deal has a cost basis of $395k per unit. The cost basis for The Indigo Apartments is approximately $229k per unit which represents a 42% discount to Clearwater Gardens. 3. Solving Affordable Housing Crisis Through Only New Development is Not Feasible As demonstrated by Clearwater Gardens, it is incredibly difficult to identify feasible ground-up affordable housing deals due to increased construction costs, soaring insurance premiums, higher interest rates, and appreciating land values. Once a project does look financially feasible, it is still subject to winning a 9% LIHTC FHFC award, which is incredibly competitive and an unpredictable lottery process. Notably, it was reported that the Clearwater Gardens project had been in pre-development planning since 2020 due to multiple years of a failed 9% LIHTC FHFC awards. The city will not be able to address the growing affordable housing crisis if new ground-up development is the only means to creating Affordable Housing. It will take years for new projects to match the number of Affordable Housing units being created in this transaction. LIHTC Properties in Clearwater Property Name Property Address Year Built # Units Madison Point 380 S Martin Luther King Jr Ave 2019 80 Woodlawn Trail 803 Woodlawn Loop 2019 80 Garden Trail 700 Eldridge St 2017 76 Lexington Club 1200 S Missouri Ave 2000 240 Wellington Apartments 2900 Drew St 1998 269 Foundation Village 910 Woodlawn St 1984 28 Clearwater Apartments 1000 N Keene Rd 1983 90 Pine Berry 1225 S Highland Ave 1962 85 Palmetto Park 1003 West Ave 1949 179 Total 1,127 Source: CoStar. Rent-Restricted properties. 4. 100% of Indigo Units Will Be Rent & Income Restricted into Perpetuity As part of this transaction, The Indigo Apartments will restrict rent & incomes for all units to ensure 100% of the residents earn less than 80% AMI. As illustrated in the unit mix below, Sunrise will set-aside units within a range of income bands from 30% AMI to 80% AMI. On average, we are decreasing property rents by ~32%. Additionally, by placing the property in the Pinellas County Land Trust, the county & city will have control of this property in perpetuity. There is no opportunity for any owner in the future to convert The Indigo Apartments back to market-rate housing. 5. Set-Aside for Community’s Most Vulnerable Residents via Project-Based Voucher Subsidy As part of Sunrise’s commitment to affordability, 52 units will be set-aside for residents who earn 30% AMI or less. Sunrise is not aware of any other LIHTC properties in Clearwater targeting this underserved population at this scale. In coordination with Clearwater Housing Authority, Sunrise will provide subsidy on all 52-units through a project-based voucher. This will ensure access to clean, safe and secure housing for the city’s most vulnerable and at-need residents. The City of Clearwater PBV award letter attached. 6. Hired a Third-Party Consultant That Devised a URA-Compliant Relocation Plan for Over- Qualified Residents Sunrise has hired a 3rd-party Tenant Relocation expert to devise a relocation plan that is URA-compliant and abides by all relevant regulations, including HUD. The relocation plan is attached and briefly summarized below: - No resident will be evicted - Substantial notice of non-renewal - Sunrise to pay for reasonable moving costs - Sunrise to pay for 1-on-1 meetings between residents and relocation specialist to find new living - Sunrise to pay for any increased rent as a result of this transaction for 42 months The average income for the over-qualified residents is ~$85,000 per year which is around 120% AMI, and many of those residents have reported over six-figure salaries. 7. Gentrification by New Owners May Displace a Majority of Existing Residents Sunrise was introduced to this project by JLL, which was marketing The Indigo as an opportunity to increase rents by $300 per unit per month. If Sunrise were not to acquire The Indigo, the Property is likely to be bought by a new market-rate owner, who will continue the gentrification process by pushing rents higher to meet market levels. If this were to come to fruition, much of the existing residents are likely to be displaced with no URA- compliant tenant relocation plan or government oversight. 8. $3 Million Loan from Clearwater will Result in $25 Million in County and Federal Funding The City of Clearwater will be able to attract $25 million in County and federal funding through a $3 million dollar loan to this development. For every dollar committed, Clearwater will receive an 8.3x funding multiple from the County and Federal government. This includes $7 million from Pinellas County through the Penny for Pinellas Program and $18 million from the federal government in tax credits. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0168 2nd reading Agenda Date: 3/17/2025 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Attorney Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9813-25 on second reading , amending Clearwater Code of Ordinances Sections 2.413 and 2.418 to change the disability process for members of the pension plan. SUMMARY: The City of Clearwater Employees’ Pension Plan governs the payment of retirement benefits for City employees. Currently, the Pension Advisory Committee determines whether an applicant is entitled to a disability retirement benefit. In 2024, the City and labor unions agreed to a change in the disability process for members. Under the new process, the City Manager, after consideration of all relevant factors, may either enter into a stipulated approval for an applicant’s disability retirement benefit or schedule an evidentiary hearing. If the City Manager enters into a stipulated approval, an agenda item shall be brought before the Pension Trustees confirming the stipulation. If the City Manager opts for an evidentiary hearing, the hearing shall be conducted by the State of Florida Division of Administrative Hearings (DOAH). The DOAH hearing officer will review the application for a disability retirement, determine whether the claim meets the criteria for awarding a disability pension benefit, and issue a recommended order. The DOAH hearing officer shall then transmit the recommended order composed of findings of fact, conclusions of law, and disposition to the Pension Trustees. Page 1 City of Clearwater Printed on 3/11/2025 1 ORDINANCE NO. 9813-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA; AMENDING CHAPTER 2, ARTICLE V, DIVISION 3, EMPLOYEES’ PENSION PLAN, AMENDING SECTION 2.413 PLAN ADMINISTRATION; AMENDING SECTION 2.418 DISABILITY BENEFITS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Clearwater Employees’ Pension Plan (the “Plan”) governs the payment of retirement benefits for City employees; and WHEREAS, the City and labor unions have agreed to a change in the disability process for all members; and WHEREAS, the Plan’s actuary has studied the cost of this amendment; and WHEREAS, the City has determined that the adoption of this Ordinance to be in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, THAT: Section 1: Section 2.413 of the Code of Ordinances of the City of Clearwater is hereby amended to read as follows: Section 2.413. – Plan Administration. (a) Administration of the plan. The trustees, in conjunction with the committee, shall control and manage the operation and administration of the plan as provided in this section. (b) Trustees. (1) The members of the city council of the employer, whether elected or appointed, shall serve as the trustees. The term of office of each trustee shall be consistent with his term of office as a member of the city council. (2) The finance director of the employer shall be the treasurer for the trustees and shall provide such bond as may be prescribed by the trustees. (3) Each trustee shall be entitled to one vote. Three affirmative votes shall be necessary for any decision by the trustees at a meeting of the trustees. A trustee shall have the right to recuse himself from voting as the result of a 2 conflict of interest provided that the trustee states in writing the nature of the conflict. (4) The trustees shall not receive any compensation for service as a trustee, but may be reimbursed expenses as provided by law; provided, however, that the trustees may receive compensation for services as a member of the city council. (c) Powers and duties of trustees. The trustees shall have final authority and control over the administration of the plan herein embodied, with all powers necessary to enable them to carry out their duties in that respect. Not in limitation, but in amplification of the foregoing, the trustees shall have the power and discretion to interpret or construe this plan and to determine all questions that may arise as to the status and rights of the participants and others hereunder. The trustees shall be deemed the named fiduciary of the plan and shall discharge their responsibilities solely in the interest of the members and beneficiaries of the plan for the exclusive purpose of providing benefits to the members and their beneficiaries and to defray the reasonable expenses of the plan. The trustees shall exercise those fiduciary responsibilities with the care, skill, prudence and diligence that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a similar character and with similar aims under the circumstances then prevailing. The trustees may: (1) Invest and reinvest the assets of the pension fund to the extent permitted by Florida law. Notwithstanding any provision to the contrary, direct investments, including real estate investments, in businesses or property located within the City of Clearwater shall be prohibited; (2) Maintain such records as are necessary for calculating and distributing retirement benefits; (3) Maintain such records as are necessary for financial accounting and reporting of retirement plan funds; (4) Maintain such records as are necessary for actuarial evaluation of the retirement plan, including investigations into the mortality, service and compensation experience of its members and beneficiaries; (5) Compile such other administrative or investment information as is necessary for the management of the retirement plan; (6) Process, certify and respond to all correspondence, bills and statements received by the retirement plan, as well as all applications submitted to the board for retirement benefits; 3 (7) Establish and maintain communication with city departments and other agencies of government as is necessary for the management of the retirement plan, including preparing, filing and distributing such reports and information as are required by law to be prepared, filed or distributed on behalf of the retirement plan; (8) Determine all questions relating to, and process all applications for, eligibility, participation and benefits; (9) Distribute at regular intervals to employees a comprehensive summary plan description and periodic reports, not less than biennially, regarding the financial and actuarial status of the plan; (10) Retain and compensate such professional and technical expertise as is necessary to fulfill its fiduciary responsibilities; (11) Make recommendations regarding changes in the provisions of the plan; (12) Assure the prompt deposit of all member contributions, city contributions, and investment earnings; (13) Establish a uniform set of rules and regulations for the management of the trust; (14) Take such other action as the trustees shall deem, in their sole and exclusive discretion, as being necessary for the efficient management of the plan; (15) Cause any pension fund investment in securities to be registered in or transferred into its name as trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the pension fund; (16) Vote upon any stocks, bonds, or securities of any corporation, association, or trust comprising the pension fund, and give general or specific proxies or powers of attorney with or without power of substitution; participate in mergers, reorganizations, recapitalizations, consolidations, and similar transactions with respect to such securities; deposit such stock or other securities in any voting trust or any protective or like committee with the trustees or with depositories designated thereby; amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and generally exercise any of the powers of an owner with respect to stocks, bonds, or other investments comprising the pension fund which it may deem to be in the best interest of the pension fund to exercise; 4 (17) Retain in cash and keep unproductive of income such amount of the pension fund as it may deem advisable, having regard for the cash requirements of the plan; and (18) Retain the services of a custodian bank, an investment advisor registered under Investment Advisors Act of 1940 or otherwise exempt from such required registration, an insurance company, trust company or a combination of these, for the purposes of investment decisions and management. Such investment manager shall have discretion, subject to any guidelines as prescribed by the trustees, in the investment of all pension fund assets. (19) Arrange for the necessary physicians to pass upon all medical examinations required under this plan. Such physicians shall report in writing to the trustees their conclusions and recommendations. (20) Investigate and determine the eligibility of participants for disability pension as provided in section 2.418. (d) Pension advisory committee. (1) a. There shall be a pension advisory committee comprised of seven persons. Three members of the committee shall be employees who are active employees and participants in the plan; three members shall be city council members or appointees of the city council; and the seventh member, who shall be a resident of the City of Clearwater, shall be appointed by the other six members. b. Except as provided in subparagraph (3) below, terms of members shall be for two years. (2) Committee members representing the employees shall be elected by a majority of the active employees who are participants in the plan. Committee members representing the city council shall be appointed by a majority vote of the city council. The seventh member shall be appointed by a majority vote of the other six members of the committee. (3) Terms of office of employee elected committee members shall overlap, with two of the members to be initially elected for two years and the third member to be initially elected for one year. Terms of office of city council appointed members shall overlap, with two of the members to be initially appointed for two years and the third member to be initially appointed for one year. (4) a. Members of the committee last elected by employees on the date of adoption of this amended and restated plan shall continue to serve as the 5 employee elected committee members for the remainder of their respective terms. b. Not less than 60 days before each election to be scheduled for an employee elected committee member, the existing employee elected committee members shall select and appoint a nomination group composed of five persons from employees participating in the plan to conduct the election process. The department of the city clerk shall provide necessary assistance to the employees for the administration of elections. (5) Any vacancy on the committee, whether employee elected, city council appointed, or the committee appointed seventh member, shall be filled for the remainder of the term and in the same manner as the original committee member who vacated the position. (6) Members of the committee shall serve without compensation additional to that earned in their respective capacities as regular employees or elected city council members. (7) Each committee member shall be entitled to one vote. Four affirmative votes shall be necessary for any decision by the committee at any meeting. A committee member shall have the right to recuse himself from voting as a result of a conflict of interest provided that the committee member states in writing the nature of the conflict. (e) Powers and duties of committee. (1) The committee shall have authority to: a. Arrange for the necessary physicians to pass upon all medical examinations required under this plan. Such physicians shall report in writing to the committee their conclusions and recommendations. b. a. Investigate and recommend to the trustees, in conjunction with the actuaries, such mortality/service and other tables as shall be deemed necessary for the operation of the plan. c. b. Make recommendations to the trustees for improvements or changes in the plan. d. c. Receive all applications for benefits under this plan and determine all facts that are necessary to establish the right of an applicant to benefits under the plan. e. d. Prepare and distribute to the participants information relating to the plan. 6 f. Investigate and determine the eligibility of participants for disability pension as provided in section 2.418. (2) The committee shall, from time to time as it deems appropriate, submit recommendations to the trustees as to rules, procedures, forms and general administrative procedures relating to the responsibilities of the committee. (3) No benefits or relief shall be provided to any participant under the plan unless the same has been reviewed by the committee and a recommendation provided to the trustees. (4) The pension advisory committee members shall discharge their responsibilities solely in the interest of the members and beneficiaries of the plan and, in so doing, shall exercise their fiduciary responsibilities with the care, skill, prudence and diligence that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a similar character and with similar aims under the circumstances then prevailing. (f) Conflict in terms. In the event of any conflict between the terms of this plan and any explanatory booklet or other material, this plan shall control. (g) Final authority. Except to the extent otherwise required by law or by this plan, the decision of the trustees in matters within their jurisdiction shall be final, binding and conclusive upon the employer, the committee, each employee and beneficiary, and every other interested or concerned person or party. (h) Appointment of advisors. The trustees may appoint such actuaries, accountants, professional investment counsel, legal counsel, specialists, third party pension administrators, and other persons that they deem necessary and desirable in connection with the administration of this plan or to assist them in the performance of their duties as trustees. The trustees are authorized to pay for such services from the pension fund. (i) Actuarial valuation; actuarial standards. (1) At least once in each six-year period, the trustees shall cause an actuarial investigation to be made into the mortality, service and compensation experience of the members of the retirement plan. Taking into account the result of such investigation, the trustees shall adopt for the retirement plan such mortality, service and other tables as are necessary and proper. On the basis of these tables, an annual actuarial valuation of the assets and liabilities of the retirement plan shall be made. (2) Actuarial assumptions based on the six-year experience analysis may be modified by the trustees at such times as they deem appropriate. 7 (j) Defense of actions; trustee liability; indemnification. (1) The board is authorized to prosecute or defend actions, claims or proceedings of any nature or kind for the protection of the fund assets or for the protection of the board in the performance of its duties. (2) Neither the board nor any of its individual members shall have any personal liability for any action taken in good faith. The trustees individually and the board as a whole shall be entitled to the protections in F.S. § 768.28. The trustees shall also be authorized to purchase from the assets of the fund, errors and omission insurance to protect the trustees and staff in the performance of their duties. Such insurance shall not provide the individual trustees and staff with protection against a fiduciary's fraud, intentional misrepresentation, willful misconduct or gross negligence. (3) To the extent not covered by insurance contracts in force from time to time, the employer shall indemnify and hold harmless the trustees and the members of the committee from all personal liability for damages and costs, including court costs and attorneys' fees, arising out of claims, suits, litigation, or threat of same, herein referred to as "claims," against these individuals because of acts or circumstances connected with or arising out of their official duty as trustees or members of the committee. The employer reserves the right, in its sole discretion, to settle or not settle the claim at any time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will indemnify and hold harmless any trustees or members of the committee from the judgment, execution, or levy thereon. (4) This section shall not be construed so as to relieve from liability any insurance company or other entity liable to defend the claim or liable for payment of the judgment or claim, nor does this paragraph waive any provision of law affording the employer immunity from any suit in whole or part, or waive any other substantive or procedural rights the employer may have. (5) This section shall not apply to, nor shall the employer be responsible in any manner to defend or pay for claims arising out of, acts or omissions of the trustees or members of the committee which constitute felonies or gross malfeasance or gross misfeasance in office. Section 2: Section 2.418 of the Code of Ordinances of the City of Clearwater is hereby amended to read as follows: Sec. 2.418. – Disability benefits. 8 (1) a. A participant who is vested in his accrued benefit and who terminates employment by reason of his disability shall be entitled to receive, at the time and in the manner described in section 2.424, a disability benefit equal to his accrued benefit as of the date of termination of his employment. A disability application must be filed while the individual is still a participant in the plan. b. A participant who is deemed by the committee trustees to be disabled by reason of an injury suffered or an illness contracted in the line of duty need not satisfy the vesting requirement set forth in subparagraph (1)a. above; provided, further, that the monthly amount of the disability benefit payable to a participant described in this subparagraph (1)b. shall be 42 percent of such participant's average monthly compensation for a non-hazardous duty participant who is not eligible to retire as of the effective date of this restatement, and the monthly amount of the disability benefit payable to a participant described in this subparagraph (1)b. shall be 66⅔ percent of such participant's average monthly compensation for all hazardous duty participants and for non-hazardous duty participants who are eligible to retire as of the effective date of this restatement. (2) A participant shall be considered disabled for purposes of the plan if, in the opinion of the committee trustees, the participant is disabled due to sickness or injury, such disability is likely to be continuous and permanent from a cause other than specified in subparagraph (3) below, and such disability renders the participant unable to perform any useful, meaningful and necessary work for the employer in an available position for which the participant is reasonably qualified or for which the participant may be reasonably trained to perform, subject to the limitations below. a. Any police officer or firefighter participant who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a police officer or firefighter, shall, upon establishing the same to the satisfaction of the board, be entitled to a monthly pension provided for in subparagraph (1) above. Terminated persons, either vested or non-vested, are not eligible for disability benefits, except that those terminated by the city for medical reasons may apply for a disability pension within 30 days after termination. b. If a participant employed in a position other than as a sworn and state certified police officer or a sworn and state certified firefighter is disabled to the extent that he cannot reasonably continue to perform the functions of his specific position, but remains capable of performing useful, meaningful and necessary work, he may be assigned to an alternate position with the employer in lieu of receiving disability benefits under the plan. For this purpose, the participant may be assigned to any other position with the employer that is available for which the participant has the skill and knowledge to perform or for which the participant can reasonably be trained to perform, such assignment to be with no loss of base pay 9 regardless of whether the assignment to such position is at an equal or lower level. c. A line-of-duty disability based upon a mental injury shall not be granted unless it is proven by clear and convincing evidence that the injury was the result of sudden, unexpected and extraordinary stress directly related to the participant's employment. Extra duty assignments for police officers and firefighters shall be considered to be in the line of duty for disability benefit purposes. d. The trustees of the plan shall make the determination in each instance if a participant who has been found disabled may be assigned to an alternate position with the employer. (3)a. Each participant who is not a police officer or firefighter who is claiming disability benefits shall establish, to the satisfaction of the committee trustees, that such disability was not occasioned primarily by: 1. Excessive or habitual use of any drugs, intoxicants, or alcohol; 2. Injury or disease sustained while willfully and illegally participating in fights, riots or civil insurrections; 3. Injury or disease sustained while committing a crime; 4. Injury or disease sustained while serving in any branch of the Armed Forces; 5. Injury or disease sustained after his employment as an employee with the employer shall have terminated; 6. Willful, wanton or gross negligence of the participant; 7. Injury or disease sustained by the participant while working for anyone other than the employer and arising out of such employment; or 8. A condition pre-existing the participant's participation in the plan. No participant shall be entitled to a disability pension, whether in line of duty or not in line of duty, because of or due to the aggravation of a specific injury, impairment or other medical condition pre-existing at the time of participation in the plan, provided that such pre-existing condition and its relationship to a later injury, impairment or other medical condition be established by competent substantial evidence. b. Each police officer or firefighter participant who is claiming disability benefits shall establish, to the satisfaction of the committee trustees, that such disability was not occasioned primarily by (except that paragraph 5. is only applicable to police officers): 10 1. Excessive or habitual use of any drugs, intoxicants or narcotics. 2. Injury or disease sustained while willfully and illegally participating in fights, riots or civil insurrections or while committing a crime. 3. Injury or disease sustained while serving in any branch of the Armed Forces. 4. Injury or disease sustained by the participant after his employment as a police officer or firefighter with the City of Clearwater shall have terminated. 5. For police officer participants, injury or disease sustained by the participant while working for anyone other than the city and arising out of such employment. (4)a. A participant shall not become eligible for disability benefits until and unless he undergoes an examination by a qualified physician or physicians, who shall be selected by the committee trustees for that purpose. b.1. Any former participant receiving disability benefits under provisions of this plan may be periodically re-examined by a qualified physician or physicians who shall be selected by the committee trustees to determine if such disability has ceased to exist or if the former participant may be employed in an available position for which the participant is reasonably qualified. If the committee trustees finds that the former participant is no longer disabled or is capable of performing service for the employer, the committee trustees may request the former participant to return to the employ of the employer. If the former participant returns to the performance of duty as an employee, he shall again be eligible to participate in the plan. In the event a former participant is no longer disabled or is deemed capable of returning to employment with the employer and he does not return to employment with the employer pursuant to the committee's trustee’s request, he shall forfeit the right to his disability benefit; provided further, that if an employee accepts employment with another employer in an occupation or line of work similar to the occupation or line of work that resulted in the employee being eligible for a disability benefit hereunder, he shall forfeit the right to his disability benefit. 2. A participant who returns to employment with the employer and recommences participation in the plan shall not receive credited service for the period during which he received disability benefits under the plan. c. The cost of the medical examination and/or re-examination of the employee claiming and/or receiving disability benefits shall be borne by the plan. (5) A participant whose employment is terminated by reason of his death in the line of duty shall, for purposes of the plan, be deemed to have been disabled in the 11 line of duty, and the participant's beneficiary shall be entitled to receive a disability benefit as described in paragraph (1) above. (6) If a participant receives a disability benefit under the plan and workers' compensation benefits pursuant to F.S. Ch. 440 for the same disability, and the total monthly benefits received from both exceed 100 percent of the participant's average monthly wage as defined in F.S. Ch. 440, excluding overtime, the disability benefit shall be reduced so that the total monthly amount received by the participant does not exceed 100 percent of such wage. The amount of any lump sum workers' compensation payment shall be converted to an equivalent monthly benefit payable for ten years certain by dividing the lump sum amount by 83.9692. Notwithstanding the foregoing, in no event shall the disability pension benefit of a police officer or firefighter participant be reduced below the greater of 42 percent of average final compensation or two percent of average final compensation times years of credited service. (7) In-line of duty presumptions. a. Presumption. Any condition or impairment of health of a police officer or firefighter participant caused by hypertension or heart disease shall be presumed to have been suffered in line of duty unless the contrary is shown by competent evidence, provided that such participant shall have successfully passed a physical examination upon entering into such service, including cardiogram for police officer or firefighter participants, which examination failed to reveal any evidence of such condition; and provided further, that such presumption shall not apply to benefits payable or granted in a policy of life insurance or disability insurance. b. Additional presumption. The presumption provided for in this paragraph b. shall apply only to those conditions described in this paragraph b. that are diagnosed on or after January 1, 1996. 1. Definitions. As used in this subsection (7)b., the following definitions apply: (i) "Body fluids" means blood and body fluids containing visible blood and other body fluids to which universal precautions for prevention of occupational transmission of blood-borne pathogens, as established by the Centers for Disease Control, apply. For purposes of potential transmission of meningococcal meningitis or tuberculosis, the term "body fluids" includes respiratory, salivary, and sinus fluids, including droplets, sputum, and saliva, mucous, and other fluids through which infectious airborne organisms can be transmitted between persons. 12 (ii) "Emergency rescue or public safety member" means any participant employed full time by the city as a firefighter, paramedic, emergency medical technician, law enforcement officer, or correctional officer who, in the course of employment, runs a high risk of occupational exposure to hepatitis, meningococcal meningitis, or tuberculosis and who is not employed elsewhere in a similar capacity. However, the term "emergency rescue or public safety member" does not include any person employed by a public hospital licensed under F.S. Ch. 395, or any person employed by a subsidiary thereof. (iii) "Hepatitis" means hepatitis A, hepatitis B, hepatitis non-A, hepatitis non-B, hepatitis C, or any other strain of hepatitis generally recognized by the medical community. (iv) "High risk of occupational exposure" means that risk that is incurred because a person subject to the provisions of this subsection, in performing the basic duties associated with his employment: a) Provides emergency medical treatment in a non- health-care setting where there is a potential for transfer of body fluids between persons; b) At the site of an accident, fire, or other rescue or public safety operation, or in an emergency rescue or public safety vehicle, handles body fluids in or out of containers or works with or otherwise handles needles or other sharp instruments exposed to body fluids; c) Engages in the pursuit, apprehension, and arrest of law violators or suspected law violators and, in performing such duties, may be exposed to body fluids; or d) Is responsible for the custody, and physical restraint when necessary, of prisoners or inmates within a prison, jail, or other criminal detention facility, while on work detail outside the facility, or while being transported and, in performing such duties, may be exposed to body fluids. (v) "Occupational exposure," in the case of hepatitis, meningococcal meningitis, or tuberculosis, means an 13 exposure that occurs during the performance of job duties that may place a worker at risk of infection. 2. Presumption. Any emergency rescue or public safety participant who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment and that results in total or partial disability or death, shall be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence; however, in order to be entitled to the presumption, the participant must, by written affidavit as provided in F.S. § 92.50, verify by written declaration that, to the best of his knowledge and belief: (i) In the case of a medical condition caused by or derived from hepatitis, he has not: a) Been exposed, through transfer of bodily fluids, to any person known to have sickness or medical conditions derived from hepatitis, outside the scope of his employment; b) Had a transfusion of blood or blood components, other than a transfusion arising out of an accident or injury happening in connection with his present employment, or received any blood products for the treatment of a coagulation disorder since last undergoing medical tests for hepatitis, which tests failed to indicate the presence of hepatitis; c) Engaged in unsafe sexual practices or other high-risk behavior, as identified by the Centers for Disease Control or the Surgeon General of the United States or had sexual relations with a person known to him to have engaged in such unsafe sexual practices or other high-risk behavior; or d) Used intravenous drugs not prescribed by a physician. (ii) In the case of meningococcal meningitis, in the ten days immediately preceding diagnosis he was not exposed, outside the scope of his employment, to any person known to have meningococcal meningitis or known to be an asymptomatic carrier of the disease. (iii) In the case of tuberculosis, in the period of time since the participant's last negative tuberculosis skin test, he has not 14 been exposed, outside the scope of his employment, to any person known by him to have tuberculosis. 3. Immunization. Whenever any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of a communicable disease for which a presumption is granted under this section, if medically indicated in the given circumstances pursuant to immunization policies established by the Advisory Committee on Immunization Practices of the U.S. Public Health Service, an emergency rescue or public safety participant may be required by the city to undergo the immunization or prophylaxis unless the participant's physician determines in writing that the immunization or other prophylaxis would pose a significant risk to the participant's health. Absent such written declaration, failure or refusal by an emergency rescue or public safety participant to undergo such immunization or prophylaxis disqualifies the participant from the benefits of the presumption. 4. Record of exposures. The city shall maintain a record of any known or reasonably suspected exposure of an emergency rescue or public safety participant in its employ to the disease described in this section and shall immediately notify the participant of such exposure. An emergency rescue or public safety participant shall file an incident or accident report with the city of each instance of known or suspected occupational exposure to hepatitis infection, meningococcal meningitis, or tuberculosis. 5. Required medical tests; preemployment physical. In order to be entitled to the presumption provided by this section: (i) An emergency rescue or public safety participant must, prior to diagnosis, have undergone standard, medically acceptable tests for evidence of the communicable disease for which the presumption is sought, or evidence of medical conditions derived therefrom, which tests fail to indicate the presence of infection. This paragraph does not apply in the case of meningococcal meningitis. (ii) An emergency rescue or public safety participant may be required to undergo a preemployment physical examination that tests for and fails to reveal any evidence of hepatitis or tuberculosis. (8) Disability Retirement Process. 15 (a) Upon receipt of a complete application for a disability pension, which includes the most recent medical conclusions known to the applicant at the time of submittal, the trustees shall request and obtain an independent medical evaluation (“IME”). If disabilities are claimed that involve multiple specialties, one IME per specialty shall be selected. Any costs directly or indirectly relating to IME’s shall be paid by the pension plan. (b) After receiving the completed IME report(s), the application and any other records the trustees deem relevant to the application, the city attorney’s office shall either review or arrange for outside legal counsel to review, on behalf of the trustees, the merits of the application. The city attorney’s office, or legal counsel hired by the city attorney’s office for this purpose, shall recommend to the city manager either a stipulated approval or an evidentiary hearing. The city manager shall take the recommendation under advisement and consider any other factors he/she deems relevant to the application and determine on behalf of the trustees whether to enter a stipulated approval, or whether to schedule an evidentiary hearing. If the city manager enters into a stipulated approval, an agenda item shall be brought before the trustees confirming the stipulation. The role of the trustees in said approval shall be ministerial in nature. Upon approval by the trustees, the pension plan shall finalize and distribute the disability pension benefits to which the applicant is entitled. (c) If the city manager opts for an evidentiary hearing, the hearing shall be conducted by the State of Florida Division of Administrative Hearings (“DOAH”). The trustees will enter into a contract with DOAH for this purpose. It shall be the duty of the hearing officer to review the application for a disability retirement, determine whether the claim meets the criteria for awarding a disability pension benefit, and issue a recommended order. (d) During the formal hearing, the applicant and city shall have the right to be heard, to be represented by a person of their choice, and to present evidentiary facts. Each party shall pay its own expense for its representative, counsel, and witnesses. At the formal hearing, the technical rules of evidence shall not apply. The hearing officer shall have the power to administer oaths, issue subpoenas, compel the production of books, papers and other documents and receive evidence. The hearing officer shall utilize a procedure similar to that set forth in F.S. §§ 120.569 and 120.57. The hearing officer shall have no authority to award attorney’s fees to the prevailing party. All recommended orders prepared by the hearing officer shall conform with the requirements for such orders as set forth in F.S. §§ 120.569 and 120.57. The hearing officer shall then transmit the recommended order composed of findings of fact, conclusions of law, and disposition to the trustees. 16 (e). The trustees may adopt the recommended order as the final order. The trustees in its final order may reject or modify the conclusions of law over which it has substantive jurisdiction and interpretation of administrative rules over which it has substantive jurisdiction. When rejecting or modifying such conclusion of law or interpretation of administrative rule, the trustees must state with particularity its reasons for rejecting or modifying such conclusion of law or interpretation of administrative rule and must make a finding that its substituted conclusion of law or interpretation of administrative rule is as or more reasonable than that which was rejected or modified. Rejection or modification of conclusions of law may not form the basis for rejection or modification of findings of fact. The trustees may not reject or modify the findings of fact unless the trustees first determine from a review of the entire record, and states with particularity in the order, that the findings of fact were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law. The trustees may accept the recommendation in the recommended order but may not reduce or increase it without a review of the complete record and without stating with particularity its reasons therefore in the order, by citing to the record in justifying the action. (f). Any party adversely affected shall have the right to have the administrative proceeding reviewed by filing a petition for certiorari with the circuit court of Pinellas County as provided by Rule 9.100 of the Florida Rules of Appellate Procedure. Coding: Words in strikeout type are deletions from existing text. Words in underline type are additions. Section 3: It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City Clearwater, that the sections of the Ordinance may be renumbered or relettered to accomplish such intentions; and that the word “Ordinance” shall be changed to “Section” or other appropriate word. Section 4: If any clause, section, or other part or application of this Ordinance shall be held in any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and shall not affect the validity of the remaining portions or applications which shall remain in full force and effect. Section 5: All ordinances or parts of ordinances, resolutions or parts of resolutions in 17 conflict herewith are hereby repealed to the extent of such conflict. Section 6: This Ordinance shall become effective immediately upon adoption, unless otherwise provided. PASSED ON FIRST READING ____________________ PASSED ON SECOND AND FINAL ____________________ READING AND ADOPTED ____________________________ Bruce Rector Mayor Approved as to form: Attest: _________________________ ____________________________ David Margolis Rosemarie Call City Attorney City Clerk 1/16/2025 January 9, 2025 Mr. Owen Kohler Lead Assistant City Attorney City of Clearwater - City Attorney’s Office 600 Cleveland Street, Suite 600 Clearwater, Florida 33755 Re: City of Clearwater Employees’ Pension Plan – No Actuarial Impact Letter for Proposed Ordinance Dear Mr. Kohler: We have reviewed proposed ordinance #9813-25, which would amend Sections 2.413 and 2.418 of the City Code to change the disability approval process. Under the new process, the City Attorney’s office will review disability applications and any records the trustees deem relevant and then recommend to the City Manager either a stipulated approval or an evidentiary hearing. The City Manager will then take the recommendation under advisement and determine, on behalf of the trustees, to enter a stipulated approval of the disability application or to schedule an evidentiary hearing. If the City Manager enters a stipulated approval, an agenda item will be brought before the trustees to confirm the stipulation. If the City Manager opts for an evidentiary hearing, the hearing shall be conducted by the State of Florida Division of Administrative Hearings (“DOAH”), and then the DOAH will recommend approval or denial of the disability. The pension trustees may either adopt, reject or modify the recommended order of the DOAH. Following the passage of this Ordinance, we do not expect the number of approved disabilities to change in a material way, as the revised process for seeking disability approval seems fair – this Ordinance simply streamlines and more clearly defines the process. As such, it is our opinion that this Ordinance will not have an actuarial impact on the cost of the Pension Plan. Therefore, a formal Actuarial Impact Statement is not required. We recommend you send a copy of this letter and the ordinance to the Bureau of Local Retirement Systems. Peter N. Strong is a member of the American Academy of Actuaries and meets the Academy’s Qualification Standards to render the actuarial opinion contained herein. The signing actuary is independent of the plan sponsor. Please let us know if there are any questions. Sincerely yours, Gabriel, Roeder, Smith & Company Peter N. Strong, FSA, EA, MAAA, FCA Senior Consultant and Actuary This communication shall not be construed to provide tax advice, legal advice or investment advice. cc: Mr. Jay Ravins, Finance Director Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0063 Agenda Date: 3/17/2025 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Adopt ordinance 9817-25 on second reading, amending Clearwater Code of Ordinances Chapter 22, Article II, Section 22.61, to add a new section addressing motorized bicycles, hoverboards, unicycles, scooters and similar devices. SUMMARY: Proposed Ordinance No. 9817-25 will add a new section to the Code of Ordinances which will preclude the use of any e-bicycles, motorized bicycle, hoverboard, unicycle and scooter or similar device, excluding any medically necessary conveyances in, on or through the entirety of Beach Walk, Crest Lake Park and Coachman Park excluding those areas specifically designated for vehicular traffic such as parking lots, street rights-of-way, driveways and/or drive aisles. This amendment is the result of public input noting that motorized vehicles have been creating an unsafe environment in our parks and beaches due to the relatively high rate of speed easily achieved by these devices. The prohibition of these devices will result in an increase in patron safety. The Department has determined that the proposed prohibition of e-bicycles, motorized bicycles, hoverboards, unicycles, scooters and similar devices in certain areas are consistent with Goal PPP 1 and Policy PPP 1.1.1 of the Parks & Public Places Element of the City’s Comprehensive Plan as well as the intent and purpose of the Open Space/Recreation zoning district of the City’s Community Development Section 2-1401 which provides that is to establish areas where public and private organizations can establish and operate passive and active open space and recreation facilities which are important to the quality of life and economic vitality of the City of Clearwater without adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: Approval of the name and operating hours modifications support several Strategic Plan Objectives, including:  ·1.2: Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts.   ·2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events. ·3.2: Preserve community livability through responsible development standards, proactive code compliance, and targeted revitalization. Attachments:  Page 1 City of Clearwater Printed on 3/11/2025 File Number: ID#25-0063 Ordinance 9817-25 Business Impact Statement Page 2 City of Clearwater Printed on 3/11/2025 1 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the [City’s/Town’s/Village’s] website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: ORDINANCE NO. 9817-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE CODE OF ORDINANCES BY AMENDING CHAPTER 22; ARTICLE 2; BY ADDING SECTION 22.61 TO ADDRESS THE USE OF MOTORIZED BICYCLES, ELECTRIC BICYCLES, HOVERBOARDS, MOTORIZED UNICYCLES, MOTORIZED SCOOTERS AND SIMILAR MOTORIZED DEVICES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. This Business Impact Estimate may be revised following its initial posting. In accordance with the provisions of controlling law, the City of Clearwater hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): Proposed Ordinance No. 9817-25 will add a new section to the Code of Ordinances which will preclude the use of any ebike, motorized bicycle, hoverboard, unicycle and scooter or similar device, excluding any medically necessary conveyances in, on or through the entirety of Beach Walk excluding those areas specifically designated for vehicular traffic such as parking lots, street rights-of-way, driveways and/or drive aisles. This amendment is the result of public input noting that motorized vehicles have been creating an unsafe environment in our parks and beaches due to the relatively high rate of speed easily achieved by these devices. The prohibition of these devices will result in an increase in patron safety. 2 2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the [City/Town/Village], if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the [City’s/Town’s/Village’s] regulatory costs, including estimated revenues from any new charges or fees to cover such costs. Staff believes that there will be no direct compliance cost that any business will incur. There are not charges or fees imposed by the ordinance and it is expected that there will likewise be no regulatory costs nor will there be any revenues of any kind. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Because this ordinance will merely prohibit the use of any ebike, motorized bicycle, hoverboard, unicycle and scooter or similar device, excluding any medically necessary conveyances in, on or through the entirety of Beach Walk excluding those areas specifically designated for vehicular traffic such as parking lots, street rights-of-way, driveways and/or drive aisles staff does not anticipate that any businesses will be impacted by the ordinance. The use of these devices is permitted on trails and within any specifically designated for vehicular traffic such as parking lots, street rights-of-way, driveways and/or drive aisles. 4. Additional information the governing body deems useful (if any): [You may wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: [City/Town/Village] staff solicited comments from businesses in the [City/Town/Village] as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on [City/Town/Village] website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not affect only businesses) N/A ORDINANCE NO. 9817-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE CODE OF ORDINANCES BY AMENDING CHAPTER 22; ARTICLE 2; BY ADDING SECTION 22.61 TO ADDRESS THE USE OF MOTORIZED BICYCLES, HOVERBOARDS, UNICYCLES, SCOOTERS AND SIMILAR DEVICES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted the Code of Ordinances on February 4, 1993; and WHEREAS, the City has made numerous amendments to the Code of Ordinances to account for changing conditions within the City; and WHEREAS, the City has received complaints and concerns from citizens regarding the use of motorized bicycles, hoverboards, unicycles, scooters and similar devices being used within Beach Walk; and WHEREAS, the City wishes to provide for the safe and appropriate use of its Parks and Facilities while also maintaining the character of the surrounding neighborhoods; and WHEREAS, the City wishes to prohibit and enable the enforcement of such prohibitions related to the use of motorized bicycles, hoverboards, unicycles, scooters and similar devices in certain areas and locations; WHEREAS, the City wishes to address the varying needs of the City's diverse population when creating and implementing parks and recreation plans pursuant to Goal PPP 1 and Policy PPP 1.1.1 of the Parks & Public Places Element of the City’s Comprehensive Plan; and WHEREAS, the City has determined that this amendment to the Code of Ordinances promotes and supports the public health, safety, morals, and welfare, of the City’s residents. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 22 – Parks, Beaches, Recreation, Article 2 – Use Regulations, Section 22.61 - Motorized bikes, hoverboards, unicycles, scooters, and similar devices, be added to read as follows: Sec. 22.61. – Motorized bicycles, hoverboards, unicycles, scooters and similar devices. (1) No person shall ride, drive or propel any motorized bicycle, electric bicycle, hoverboard, motorized unicycle, motorized scooter or similar motorized device as defined in Florida Statute 316.003, excluding any medically necessary conveyances, in, on or through the entirety of Beach Walk excluding those areas specifically designated for vehicular traffic such as parking lots, street rights-of-way, driveways and/or drive aisles. 2 Ordinance No. 9817-25 (2) Any person who pleads guilty or nolo contendere or is convicted of violating this section shall be guilty of a class IV civil infraction pursuant to section 1.12 of this Code of Ordinances. Section 2. Amendments to the Code of Ordinances of the City of Clearwater are hereby adopted to read as set forth in this Ordinance. Section 3. The City of Clearwater does hereby certify that the amendment contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. 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. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 6. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ Bruce Rector Mayor Approved as to form: Attest: ____________________________ ____________________________ Melissa Isabel, Esq. Rosemarie Call, MPA, MMC Senior Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: TA2024-07002 2nd rdg Agenda Date: 3/17/2025 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Continue to April 3, 2025: Adopt Ordinance 9805-25 on second reading, amending the Community Development Code to establish standards for artificial turf, require landscaped areas in front yards for residentially zoned properties, and make other associated updates. Page 1 City of Clearwater Printed on 3/11/2025 PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE:January 21, 2025 AGENDA ITEM:ID#24-1601 CASE: TA2024-07002 ORDINANCE NO.:9805-25 REQUEST: Amendments to the Community Development Code to establish standards for artificial turf, require landscaped areas in front yards for residentially zoned properties, and make other associated updates. INITIATED BY: City of Clearwater, Planning and Development Department UPDATE FOR CITY COUNCIL The Community Development Board, in its capacity as the Local Planning Agency (LPA), reviewed the proposed amendments to the Community Development Code at its meeting on January 21, 2025, and recommended approval with certain modifications and considerations as follows: 1. Clarify that the requirement to bring existing lots into compliance with the landscaping standards to the greatest extent practicable if the existing use is improved or remodeled in a value of 25 percent or more, as established by Section 3-1202.A.3.a, is applicable to properties other than single-family detached dwelling and two-family attached dwelling properties. 2. Consider modifying proposed Sections 3-1202.E.2.a.6.v and 3-1202.E.2.b.3.iv to permit the use of artificial turf in required interior and central landscape islands. 3. Consider incorporating licensure requirements into proposed Section 3-1203.E.12 to provide clarity regarding who would qualify as a “professional with experience in installation of artificial turf”. Additionally, while not incorporated into the Board’s motion for approval, the Board discussed the desire to allow for an independent appraisal to be used for the determination of 25 percent of the value of the principal structure, in addition to the value reflected in the property appraiser’s records, as established in Section 3-1202.A.3.a. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – January 21, 2025 Revised for City Council First Reading – March 6, 2025 TA2024-07002 – Page 2 Proposed Ordinance No. 9805-25 addresses the Board’s recommended clarification detailed in number 1., above. Additionally, staff has incorporated, for the City Council’s consideration, changes to Sections 3- 1202.A.3.a. and 3-1401.B.3.a to provide that an independent appraisal may also be used to determine 25 percent of the value of the primary structure which, if exceeded, would require improvements to landscaping and parking. While the Board’s discussion was focused on the provisions in the landscape code, this same language is utilized for parking. The proposed language is consistent with comparable provisions in the US 19 and Downtown Districts. No further modifications are recommended to address the Community Development Board’s suggestions detailed in numbers 2. and 3., above, for the following reasons. The proposed ordinance includes provisions to address any properties that have installed artificial turf prior to the enactment of the ordinance, permitting such artificial turf to remain, if maintained. Existing properties that may have installed artificial turf in required landscape islands would not be impacted by the proposed prohibition. Section 1-103 details the general purposes of the Community Development Code, adopted in 1999, which recognizes the different factors the City of Clearwater faces as a redevelopment community compared to other cities that have more vacant land for new development. Beautification of the city is a high priority, as is the preservation of natural resources and the aesthetic character of the community for both the resident and tourist populations. The transformation of the city aesthetically is noticeable and has been possible through both full redevelopment of properties and the incremental improvements to parking and landscaping required through the Sections referenced above. Landscape islands provide opportunities for shade and live plant materials within parking areas, and the standards have been amended in the past to address past deficiencies (i.e., larger islands spaced further apart to allow more room for trees to grow). The prohibition of the use of artificial turf is proposed to be stated for clarity to property owners but is not otherwise a change to current landscape standards. Staff explored additional options to address the Board’s suggestion regarding additional licensure requirements for professional installers, including conversations with representatives from additional companies that currently install artificial turf. To allow flexibility in the implementation of this provision, staff is recommending that no additional changes be incorporated, rather this be addressed through required documentation at the time of permit application. Section 4-202 provides a minimum list of information required for applications for development approval, and states that additional information may be required unless waived or modified by the Community Development Coordinator. This section permits the city to establish a permit application for artificial turf installation and, as previously presented to City Council, many of the details are appropriately located in an application and not directly codified. This will also provide flexibility in the implementation of the new standards, including how to best verify an installer’s credentials and experience, while keeping consistent with codified requirements. Minor modifications were made to the Ordinance between the Community Development Board hearing and the City Council first reading. These include correction of typos, moving of tables to be placed consistent with the codified code, and revising the phrasing of Proposed Section 3-1202.A.3.d to use consistent terminology as defined or used elsewhere in the Code. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – January 21, 2025 Revised for City Council First Reading – March 6, 2025 TA2024-07002 – Page 3 BACKGROUND The Community Development Code (CDC) prescribes the use of live landscaping materials for areas not occupied by buildings, structures, or pavement. Artificial turf is man-made and is not in a living condition; therefore, would not currently be permitted for use within the city, except for limited use in parks and athletic fields. In Mayof 2023, the city’s Code Compliance Division began issuing citations for properties where artificial turf had been installed illegally. After receiving these citations, property owners brought concerns to the attention of City Council. At the request of City Council, staff prepared a presentation on the current Code requirements and regulation of artificial turf within the city as well as information related to the impacts of the use of artificial turf. Staff presented the information to City Council in December of 2023 where the public was also permitted to voice their opinions, both in favor of or and against the use of artificial turf. Subsequent to this meeting, City Council directed staff to draft regulations to allow the use of artificial turf within the City of Clearwater. Staff reviewed existing regulations or policies regarding the use of artificial turf in other municipalities in Florida. While places like Surfside, Orlando, Winter Park, West Palm Beach, Lighthouse Point, Ocean Ridge, and Lantana have specific regulations adopted in an ordinance, most local jurisdictions either have no regulations or have an interpretation or policy on how artificial turf is handled. For those municipalities that have ordinances, regulations cover whether artificial turf is pervious or impervious, design, installation, and maintenance standards, the permitting process, and any restrictions on where artificial turf may be permitted. The City of Tampa has the most recent experience with regulating artificial turf. In the process of creating regulations for artificial turf, Tampa found limited adopted regulations and therefore opted to regulate the use of artificial turf through guidelines and a permit application process. Staff used adopted ordinances and policies as a guide to begin the creation of regulations to permit artificial turf. Staff performed additional research on artificial turf to ensure the most recent information, materials, installation techniques, and any emerging advancements in the artificial turf industry were captured in the city’s regulations. In addition, staff met with a local industry expert to discuss installation techniques and get a better understanding of how regulations and permitting may impact the artificial turf installation process. This research also provided a better understanding of artificial turf and the many complexities to this topic. Based on information gathered, staff drafted an outline of the proposed amendments and began discussions with other departments and divisions within the city including Public Works, Parks and Recreation, Code Compliance, and Land Resources. This comprehensive review of the proposed regulations ensured that all city staff that would be involved in the review and permitting of artificial turf were involved in the drafting of the ordinance and defining the process for approving an artificial turf permit. Additionally, staff conducted community engagement to share the draft ordinance and gather feedback from the community. Staff attended a Clearwater Neighborhoods Coalition meeting on August 5, 2024, and held Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – January 21, 2025 Revised for City Council First Reading – March 6, 2025 TA2024-07002 – Page 4 a community meeting at the Countryside Library on September 12, 2024. In addition, staff conducted a live webinar on September 11, 2024, that was recorded and posted to the city’s YouTube page. Attendees were interested to learn how artificial turf would be permitted, to learn how existing artificial turf installations would be treated, and in sharing concerns related to the environmental impacts of allowing artificial turf. Staff met with the Environmental Advisory Board (EAB) on September 18, 2024, to discuss the proposed amendments to the Community Development Code. Rather than allow artificial turf, the EAB recommends City Council promote Florida Friendly Landscaping practices which aim to conserve water, preserve natural resources, and reduce water pollution. However, the EAB understands the City Council has an interest in regulating artificial turf, while the product does not meet Greenprint 2.0 standards, Florida Friendly Landscaping criteria, and its environmental risks far outweigh the potential benefits, the EAB recommends City Council demand the highest possible standards including ensuring any artificial turf is PFAS free and recyclable should an ordinance be adopted. Staff collected input throughout the process of drafting this Ordinance resulting in the continued evolution of the approach based on feedback from the various stakeholders. AMENDMENT PROPOSAL Proposed Ordinance 9805-25 contains numerous amendments throughout the Community Development Code, which can be generally broken down into the following categories: 1. Artificial turf, including general standards, location standards, minimum design standards, permitting, installation, inspection, maintenance, and existing artificial turf. 2. “Clean up” amendments consisting of correcting typographical errors, reordering sections, providing clarification, adding a provision for existing developed lots, creating a front yard residential landscaped area requirement, and adding, deleting, or amending definitions as needed. The proposed amendments are detailed further within the analysis section. ANALYSIS Artificial Turf [Pages 3, 6-7, 9-13, 15-17, and 18-19 of Ordinance] Ordinance 9805-25 proposes to create regulations to permit the use of artificial turf citywide including general, location, and minimum design standards, permitting, installation, inspection, maintenance, and existing artificial turf. A new Section 3-1203 is proposed that would govern all artificial turf installations resulting in the relocation of the existing 3-1203. Scenic Corridors to a new Section 3-1206. Section 3-1203.A - General Standards This Section proposes regulations to allow the use of artificial turf citywide with approval of a permit and compliance with all provisions of Section 3-1203. Artificial turf is not a living plant material; therefore, it would not count toward any required landscaped areas. In addition, the proposed regulations prohibit the use of indoor/outdoor plastic or nylon carpeting as a replacement for artificial or natural turf. Lastly, an Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – January 21, 2025 Revised for City Council First Reading – March 6, 2025 TA2024-07002 – Page 5 existing provision that allows Parks and Recreation Facilities and athletic fields to use artificial turf in lieu of plant materials was carried over and relocated to this Section. Section 3-1203.B - Location Standards This Section proposes to limit where artificial turf may be installed. Artificial turf may be installed on approved concrete patios, porches, and rooftop patios or decks without a permit as these surfaces may already be in place and would be considered part of the properties impervious surface ratio (ISR). Artificial turf may not be installed in a right-of-way or permanent drainage feature without approval of the City Engineer. These areas may contain infrastructure that could be impacted by the excavation and compacting required for artificial turf installation. If artificial turf is proposed within a right-of-way, a city right-of-way permit would be required. Artificial turf is prohibited from being installed in required perimeter or vegetative buffers, interior or central parking islands, or areas used for parking or driving of motor vehicles. As previously noted, artificial turf is not a live plant material and buffers and islands are intended to contain live plant materials. In addition, artificial turf is not considered an all-weather driving surface; therefore, it cannot be used as a parking or driving surface. Section 3-1203.C - Minimum Design Standards This Section proposes regulations establishing quality and design standards for artificial turf. With the exception for Parks and Recreation Facilities and athletic fields, artificial turf must be green lifelike blades that look like natural turf. The minimum pile height is required to be 1.5 inches for residential installations and 0.5 inches for nonresidential installations. Pile height is the height of the blades of grass. Longer blades of grass are for low traffic areas like residential yards and are softer, more flexible, and more natural looking. Shorter blades of grass are meant for high traffic areas like playgrounds or athletic fields and are firmer, more durable, and easier to clean. The minimum pile height for residential uses is proposed to be 1.5 inches except for specialty artificial turf installations such as K-9 grass or putting greens located in the side or rear yards, which may be approved with a shorter pile height as determined to be deemed practicable by the Community Development Coordinator. The minimum pile height for nonresidential uses is proposed to be 0.5 inches. The minimum face weight for all artificial turf is required to be 60 ounces per square yard. The face weight is the weight of the grass fiber materials per square yard where higher weight result in a better quality and more durable artificial turf. The average face weight for residential uses in between 50 and 80 ounces per square yard with higher number giving a higher quality and a denser and sturdier artificial turf. The average face weight for an athletic field would be between 40 and 90 ounces per square yard with 60 ounces being recommended for sports fields or areas of intense activity. For safety and longevity, all artificial turf must flame retardant, free of lead and PFAS, and provide a minimum 8-year manufacturer’s warranty. Section 3-1203.D - Permitting This Section proposes to require a permit for installation of artificial turf. This permit would be reviewed by city staff in Land Resources, Development Review, and Engineering for compliance with the Code. This Section allows the Community Development Coordinator to establish what information will be required, and staff will create an application that includes submittal requirements and the process for review and approval. The submittal requirements will include the following documentation: A landscape plan or survey; and Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – January 21, 2025 Revised for City Council First Reading – March 6, 2025 TA2024-07002 – Page 6 Tree preservation plan, if required; and Scaled edge detail or cross section similar to the one below; and Manufacturer’s specifications including installation instructions and warranty. In addition, the proposed regulations create an option to allow installation of 100 square feet or less of artificial turf without a permit; however, this approved area would count toward the property’s ISR and is limited to one such installation per property. This would allow flexibility for a property owner to install a small area of artificial turf. Section 3-1203.E - Installation This Section proposes regulations to ensure quality installation of artificial turf and determine whether it would be treated as pervious or impervious. If trees are located on or overhanging the property, a tree preservation plan will be required to evaluate any potential impacts to the tree. All artificial turf is required to be installed meeting the manufacturer’sspecifications. This installation must be designed to not adversely impact other properties or the right-of-way and follow the historic flow of the watershed. This can be accomplished through an underdrain system installed within the subbase or through a pervious installation as detailed later in this Division. To deter live plant materials from growing under and within the artificial turf, a barrier would be required to separate the artificial turf from live plant materials, limiting the amount of debris and seeds that may fall on the artificial turf. To ensure artificial turf stays in place and resembles a natural look, seams must be installed with seaming tape and glue and edges must be trimmed to fit all regular and irregular shapes and tucked and anchored consistent withmanufacturer’s specifications. In addition, the proposed regulations require that artificial turf be pinned or staked behind any seawall and not be attached to a seawall or seawall cap. After installation, artificial turf must be visually smooth with grain pointing in single direction. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – January 21, 2025 Revised for City Council First Reading – March 6, 2025 TA2024-07002 – Page 7 Infill is the granular material applied on top of artificial turf after installation and serves as a ballast, keeping the turf weighted down and level and provides a similar footing to natural turf. Infill also provides an extra layer of cushioning, maintains the fibers in an upright position, and extends the life of the artificial turf. If infill is recommended by the manufacturer or proposed for use in any artificial turf installation, it must be a clean silica sand or a sand-based product. The use of plastic pellets or crumb rubber infill is prohibited with the exception of Parks and Recreation Facilities and athletic fields, which may use crumb rubber to provide a safer surface in high traffic areas. Artificial turf may be installed by a residential property owner; however, it would count toward the property’s ISR. The installation of artificial turf has several steps that require knowledge and equipment to be done properly in order to be treated as pervious. Artificial turf installed by a contractor or professional with experience installing artificial turf may be treated as pervious if the following are met: Backing must be dual flow or hole punched for drainage; and For nonresidential installation only: a minimum of a one-inch leveling layer composed of decomposed limestone or granite is provided; and A minimum of a four-inch subbase composed of washed granite or limestone that meets FDOT #4 57, or 89 stone is provided; and The subbase stone size is a minimum of to 1 inch; and The underlying soils remain uncompacted. In addition, the contractor or professional installer would be required to sign a verification form certifying that the artificial turf was installed compliant with the Code and meets the city’s definition of pervious. This provides a professional assurance that the artificial turf was installed per the manufacturer’s specifications and will have no adverse impacts on adjacent properties or the right-of-way. Section 3-1203.F - Inspection This Section proposes regulations requiring the city to inspect properties where artificial turf has been installed for compliance with all provisions in the Code. An initial inspection would be required for any artificial turf installations that may impact trees on the property and a final inspection would be required for all artificial turf installations. Staff is proposing a process that would limit the number of inspections to allow the installation of artificial turf to be completed without interruption after a permit is issued. Upon completion of installation, the following information must be submitted to request a final inspection: A copy of the aggregate testing report (from the aggregate supplier) to document the clean stone used in the subbase layer meets FDOT gradation requirements (if treated as pervious). A Verification Form stating the artificial turf was installed pursuant to this section and the manufacturer’s specifications and indicating whether the installation meets this Code’s definitions of impervious or treated as pervious. Photos of the subbase and leveling layers prior to covering each layer. Photos of project area post installation including any areas where tree barricades were previously installed. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – January 21, 2025 Revised for City Council First Reading – March 6, 2025 TA2024-07002 – Page 8 Section 3-1203.G - Maintenance This Section proposes regulations to ensure proper maintenance of artificial turf as well as repair and replacement when needed. Artificial turf must be kept in a green fadeless condition and free of dirt, mud, sand, stains, odors, weeds, debris, tears, holes, seam separations, excessive wear, and impressions. This can be accomplished through proper maintenance including rinsing to wash away pollen and seeds, brushing to keep blades upright and protect against damage, debris removal, elimination of odors or weeds, and ensuring edges stay tucked and staked. Maintenance also includes ensuring that artificial turf continues to allow infiltration, and any stormwater drainage does not adversely impact adjacent properties or the right-of-way over time. If artificial turf were to fall into disrepair and repair or replacement is necessary, the property owner must use the same artificial turf that exists on the property or similar materials that will blend with the existing turf. Any repair or replacement of artificial turf would require a permit and if there are areas of artificial turf that do not comply with Section 3-1203, the property owner would be required to bring the property into conformance to the greatest extent deemed practicable by the Community Development Coordinator. Staff would work with the property owner to identify any nonconformities and discuss what could be done to bring to property more into conformance with the Code. Section 3-1203.H - Existing Artificial Turf This Section proposes regulations related to properties that installed artificial turf prior to the adoption of this Ordinance. At this point there is no way for staff to equitably identify properties with existing artificial turf as staff is unaware of the number of properties that may have already installed artificial turf in the backyard or other areas not visible from the public access. It would be a large undertaking for staff to bring them all into conformance at one time; therefore, regulations are being proposed to allow artificial turf installed before the enactment date of this Ordinance to remain if the following are met: Evidence demonstrating the turf was installed prior to enactment date is provided; and If any artificial turf was installed within the right-of-way (ROW), an after-the-fact ROW permit must be applied for; and All existing artificial turf must comply with maintenance standards in Section 3-1203.G. This allows property owners who comply with the above requirements to keep the existing artificial turf as long as they maintain it. Any existing artificial turf permitted to remain would count towards the calculation of stormwater fees and the property’s ISR, which may impact future improvements to the property. Appendix A, Schedule of Fees, Rates, and Charges, Section V Buildings and Building Regulations This Section clarifies that tree removal and artificial turf permits are included in this Section; however, they are not subject to the Florida Building Code. Additionally, a new fee is proposed for artificial turf permits of $200 to cover the cost of staff review and inspection. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – January 21, 2025 Revised for City Council First Reading – March 6, 2025 TA2024-07002 – Page 9 Additional Amendments [Pages 3-5, 7-9, 12-14, and 17-18 of Ordinance] The additional proposed amendments are considered to be clean up amendments and consist of correcting typographical errors, reordering sections, providing clarification, adding a provision for existing developed lots, creating a residential landscaped area requirement for residential front yards, and adding, deleting, or amending definitions as needed. Section 3-1202, General Landscaping Standards, is being updated to add a requirement for existing single- family and two-family lots to come into full compliance with the tree requirements when an addition or improvement to the lot is proposed. In addition, a new subsection is being added to create a residential landscaped area requirement of 25% of the front yard for residentially zoned properties under certain circumstances. Section 8-102, Definitions, is being updated to include definitions that relate to artificial turf and other nonliving landscape materials including clarification of organic mulch; adding face weight, landscaped area, landscape material, landscape rock, inorganic mulch, natural turf, artificial turf, pile height, and shell; and deleting landscaping. Additionally, a definition along with diagrams is being added for front yard. 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. Objective CCM 1.2 Continue to protect floodplains, drainage ways, and all other natural resources from encroachment and development. Policies QP 5.6.1 Continue to protect trees during site development or redevelopment through standards in the CDC. QP 5.6.2 Ensure new development is sited to reduce impacts to trees within rights-of-way. CCM 1.4.3 Consider adopting performance standards to reduce the current rates of potable water consumption. SS 1.5.3 Continue to develop strategies aimed at reducing potable water consumption. The proposed amendments related to the regulation of artificial turf are supported by Objective CCM 1.2. Ensuring that any artificial turf installations do not adversely affect adjacent lots or ROW, and that any drainage follow historic flows and protects drainage ways from negative impacts related to artificial Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – January 21, 2025 Revised for City Council First Reading – March 6, 2025 TA2024-07002 – Page 10 turf. Additionally, limiting the use of artificial turf where the city has drainage easements allows the City Engineer to review any installation for impacts to the drainage system prior to approval. Policies QP 5.6.1 and 5.6.2 support limiting the use of artificial turf under trees, requiring a tree preservation plan to evaluate the species and size of each tree to determine a protection zone. Policies CCM 1.4.3 and SS 1.5.3 support permitting artificial turf in an effort to conserve water resources that would be spent on maintenance of natural turf. As such, the proposed amendments within Ordinance 9805-25 furthers the Comprehensive Plan through the specific objective and policies referenced above. 2. The proposed amendments further the purposes of the Community Development Code (CDC) 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: It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.A., CDC). It is the purpose of the Community Development Code to create value for the citizens of the City of Clearwater by allowing property owners to enhance the value of their property through innovative and creative redevelopment (Section 1-103.B.1, CDC). It is the further purpose of this Development Code to make the beautification of the city a matter of the highest priority and to require that existing and future uses and structures in the city are attractive and well-maintained to the maximum extent permitted by law (Section 1-103.D, CDC). The proposed amendments in this Ordinance will further the above referenced purposes of the Community Development Code by providing standards for the use of artificial turf. Through the regulations of this Ordinance, the city is encouraging the continued investment in properties by requiring residential properties to maintain 25% of the front yard of a property as a landscaped area containing living plant materials and allowing property owners to enhance the value of their property through the installation of artificial turf. Regulations for design standards and maintenance of artificial turf are also proposed to ensure properties utilizing artificial turf are attractive and well-maintained. Additionally, amendments in this Ordinance propose to establish reasonable standards which encourage orderly development that will enhance the character of the city. As such, proposed Ordinance No. 9805-25 furthers the purposes in the CDC. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – January 21, 2025 Revised for City Council First Reading – March 6, 2025 TA2024-07002 – Page 11 RECOMMENDATION The Development Review Committee (DRC) reviewed the proposed text amendments to the Community Development Code at the DRC meeting of July 1, 2024. The Planning and Development Department, having reviewed the requirements of the Community Development Code, recommends APPROVAL of Ordinance 9805-25. Prepared by Planning and Development Department Staff:___________________________ Lauren Matzke, AICP Interim Planning and Development Director ATTACHMENTS: Ordinance No. 9805-25 Resume 1CITY OF CLEARWATER | Artificial Turf Lauren Matzke Planning & Development March 2025 Proposed Ordinance No. 9805-25 City Council First Reading 2CITY OF CLEARWATER | Why Artificial Turf? •Artificial turf is becoming more popular. •City code currently does not allow artificial turf. •City Council directed staff to draft regulations to allow artificial turf. 3CITY OF CLEARWATER | Proposed Amendments Creating residential landscaped area requirement 4CITY OF CLEARWATER | Proposed Amendments Standards that address: Location 5CITY OF CLEARWATER | Proposed Amendments Standards that address: Design/Material 6CITY OF CLEARWATER | Proposed Amendments Standards that address: Permitting 7CITY OF CLEARWATER | Proposed Amendments Standards that address: Installation 6CITY OF CLEARWATER | Proposed Amendments Standards that address: Inspections 8CITY OF CLEARWATER | Proposed Amendments Standards that address: Maintenance 9CITY OF CLEARWATER | Proposed Amendments Standards that address: Existing Artificial Turf •Submit evidence demonstrating the turf was installed prior to the enactment date; and •If turf is in the right-of-way, an after the fact permit must be applied for; and •All existing turf must comply with maintenance standards. Existing artificial turf may remain if the following are met: 12CITY OF CLEARWATER | Proposed Amendments Other amendments include: •Correcting typographical errors •Reordering sections •Providing clarification •Adding a provision for existing developed lots •Updating definitions 12CITY OF CLEARWATER | Community Development Board Recommended Approval with Modifications and Considerations: •Clarify “25% Rule” for landscape code compliance does not apply to single-family detached dwelling and two-family attached dwelling properties •Consider permitting artificial turf in required landscape islands •Consider licensure requirements for professional installers 12CITY OF CLEARWATER | Proposed Ordinance No. 9805-25 Modifications incorporated: •“25% Rule” clarification for landscape code compliance (Modification #1 from CDB) •Allowance for independent appraisals in application of “25% Rule” (proposed for both landscaping and parking) •Corrections to typos and terminology CDB considerations #2 and #3 not recommended 1CITY OF CLEARWATER | Artificial Turf Lauren Matzke Planning & Development March 2025 Proposed Ordinance No. 9805-25 City Council First Reading 1 Business Impact Estimate This form must be posted on the city’s website by the time notice of the proposed ordinance is published for public hearing. The following Business Impact Estimate is hereby provided for the following ordinancein accordance withSection 166.041(4), Florida Statutes and representsthe City of Clearwater’s good faith estimate of the business impact of said ordinance. Note: Business Impact Estimates are not required for the following types of ordinances: 1. Ordinances required for compliance with federal or state law or regulation; 2. 3. Ordinances relating to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; 4. Ordinances required to implement a contract or an agreement, including, but not a municipal government; 5. Emergency ordinances; 6. Ordinances relating to procurement; or 7. Ordinances enacted to implement the following: a. 163.3164, Florida Statutes, and development agreements, as authorized by the Florida Local Government Development Agreement Act under Section 163.3220-163.3243, Florida Statutes; b. Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the municipality; c. Sections 190.005 and 190.046, Florida Statutes; d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 1. Proposed Ordinance title: ORDINANCE NO. 9805-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 3. DEVELOPMENT STANDARDS, DIVISION 12. LANDSCAPING/TREE PROTECTION, DIVISION 14. PARKING AND LOADING, AND DIVISION 15. PROPERTY MAINTENANCE STANDARDS; BY AMENDING ARTICLE 8. DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102. DEFINITIONS; BY AMENDING APPENDIX A, SCHEDULE OF FEES, RATES, AND CHARGES, SECTION V. BUILDING AND BUILDING REGULATIONS; BY AMENDING APPENDIX B, US 19 ZONING DISTRICT AND DEVELOPMENT STANDARDS, DIVISION 5. SITE DESIGN STANDARDS; CERTIFYING 2 CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 2. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): landscape code, including: where it can be installed; design / material standards; permitting via building permit which can be applied for by a contractor, professional installer, or homeowner; and how tree preservation will be handled; turf installation will be handled (allowed to stay). The city’s Community Development Code is a redevelopment code, and b natural resources and the aesthetic character of the community for both the resident and tourist populations. 3. An estimate of the direct economic impact of the proposed ordinance on private, for- business in the City of Clearwater, if any: a. An estimate of direct compliance costs that businesses may reasonably incur; Outside of the cost for the materials and installation in a code-compliant manner, direct costs include the payment of a (new) and a right-of-way permit fee (existing), applicable -of-way. installers or contractors, but this is not a cost incurred only because of this ordinance. b. Any new charge or fee imposed by the proposed ordinance or for which businesses will .00. Current right-of-.00 .00 for commercial properties. c. An estimate of the City of Clearwater’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. The city does not project that this new regulation will generate revenue, as that is not the intent for this ordinance change. The proposed fee is expected to cover review time, which will involve representatives from land resources (arborists), engineering and zoning, as well as . Support will assist with permit processing. T is being maintained properly or is brought into compliance, code inspector time may be needed in the long term; however, this will be addressed by the existing 4. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinances: An estimated 5-, with others in upcoming years. 3 5. Additional information the governing body deems useful (is any): This ordinance was developed with the assistance of other jurisdictions currently require as a foundation for also gained insights from those to modify if given the opportunity so that their requirements functioned better for all parties (city and property owners). This ordinance is intended to provide clear standards without creating an undue burden of process. This is captured in the proposed approach to permitting, installation, and inspections. 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