05/31/2011COMMUNITY REDEVELOPMENT AGENCY
AGENDA
Location: Council Chambers - City Hall
Date: 5/31/2011- 9:00 AM
1. Call to Order
2. Approval of Minutes
2.1 Approve the minutes of the May 16, 2011 CRA Meeting as submitted in written summation by the City
Clerk.
Attachments
3. CRA Items
3.1 Authorize the Clearwater Community Redevelopment Agency (CRA) to accept funds from the proceeds
of the sale from the City of Clearwater's Voluntary Clean-up Tax Credits according to the agreement with
Clocktower Tax Credits, LLC.
Attachments
3.2 Accept selection committee recommendation and approve a Professional Services Contract between the
Clearwater Community Redevelopment Agency and M. Arthur Gensler, Jr. and Associates, Inc.
(Gensler), for the development of an East Gateway District Vision Plan according to RFP 15-11 in an
amount not to exceed $68,000 and authorize the appropriate officials to execute same.
Attachments
4. Adjourn
Meeting Date:5/31/2011
Community Redevelopment
0 Agency Agenda
Council Chambers - City
Hall
SUBJECT / RECOMMENDATION:
Approve the minutes of the May 16, 2011 CRA Meeting as submitted in written summation by the City Clerk.
SUMMARY:
Review Approval:
Cover Memo
Item # 1
Attachment number 1
Page 1 of 3
COMMUNITY REDEVELOPMENT AGENCY MEETING MINUTES
CITY OF CLEARWATER
Present: Chair/Trustee Frank Hibbard, Trustee George N. Cretekos, Trustee
John Doran, Trustee Paul Gibson, and Trustee Bill Jonson.
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, and Nicole Sprague - Official
Records and Legislative Services Coordinator.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Unapproved
1. Call to Order - Chair Frank Hibbard
The meeting was called to order at 9:01 a.m. at City Hall.
2. Approval of Minutes
2.1 Approve the minutes of the January 31, 201 1 A Meeting as submitted in
written summation the it Clerk.
Trustee Bill Jonson moved to approve the minutes of the January 31, 2011 CRA
Meeting as submitted in written summation by the City Clerk. The motion was duly
seconded and carried unanimously.
3. CRA Items
3.1 Aoorov amendment of an xistin Int rlocal Aar nt between the
Co unity e vl nt Agency (C A) and th City of CI a at r
authorizing two full-time equivalent positions to rovid Community Police
Officers for the East at wav area of the C RA and authorize the aoorooriat
officials to execute same.
In September 2010, the CRA and City Council approved an Interlocal Agreement
between the CRA and the City of Clearwater to underwrite the cost of additional
Community Policing Services by the Clearwater Police Department in the East
Gateway CRA District. The Agreement set forth the scope of services and terms
Community Redevelopment Agency 2011-05-16
Item # 1
Attachment number 1
Page 2 of 3
for the third year of a five-year project designed to increase police presence and
reduce crime in the East Gateway District.
The first two years of the project were so successful that CPD officers far
exceeded the stated goals of 25% increases in the numbers of criminal charges
filed against drug dealers; numbers of FIRS/Reports taken on suspected gang
members; arrests/citations for violation of criminal laws and ordinances; and
trespass warnings. In fact, the first two years of the project resulted in a 150%
increase in the number of drug arrests in the East Gateway District. Overall
arrests and citations increased 99% over the two-year period.
Because the police have excelled in eradicating many of the problems that
previously plagued the East Gateway District, it is now necessary to modify the
goals and outcome measures accordingly. Rather than aiming to increase
activities by 25% each year, Clearwater is revising the goals to state that 100% of
all of these crimes and violations will result in an arrest, citations or an FIR/Report
being taken.
Clearwater Police also wish to revise the Agreement's requirement that two police
officers provide law enforcement services in the East Gateway area eight hours
per day, five days per week, with coverage primarily in the evening hours. In order
to allow more flexibility on the part of the Community Policing Team and Police
Management in providing the necessary services to the East Gateway community,
it is requested that the Agreement be revised to allow the officers to work 40
hours per week on an as-needed basis. Officers have observed that a 10-hour
workday is often more effective than an 8-hour shift. It has also been noted that
with the new Anti-Crime Team working during the evening hours, the need for a
police presence by the Community Policing Team during the daytime is more
practical.
Section 4, Objective 3, has also been revised to eliminate the reference to the
Rules of Conduct and the Clearwater Homeless Intervention Project (CHIP),
which will cease operations as of May 15, 2011.
There are no additional costs associated with these revisions and it is anticipated
that the Community Police Team will function more efficiently with these changes
in place.
Trustee John Doran moved to approve amendment of an existing Interlocal Agreement
between the Community Redevelopment Agency (CRA) and the City of Clearwater
authorizing two full-time equivalent positions to provide Community Police Officers for
the East Gateway area of the CRA and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
Community Redevelopment Agency 2011-05-16 2
Item # 1
Attachment number 1
Page 3 of 3
Other Business - None.
r
The meeting was adjourned at 9:03 a.m.
Attest
City Clerk
Chair
Community Redevelopment Agency
Community Redevelopment Agency 2011-05-16
3
Item # 1
Meeting Date:5/31/2011
Community Redevelopment
0 Agency Agenda
Council Chambers - City
Hall
SUBJECT / RECOMMENDATION:
Authorize the Clearwater Community Redevelopment Agency (CRA) to accept funds from the proceeds of the sale from the City of
Clearwater's Voluntary Clean-up Tax Credits according to the agreement with Clocktower Tax Credits, LLC.
SUMMARY:
A tax credit is an economic incentive issued by a government agency to encourage private activity, typically investments, in
economic development. The Florida Department of Environmental Protection (FDEP) issued these awards to the City of
Clearwater based on approved FDEP costs incurred for environmental remediation work at the Clearwater Automotive property,
located at 205 S. Martin Luther King Avenue. The Voluntary Cleanup Tax Credits (VCTC) are in the form of four certificates
received in fiscal years 2007, 2008, 2009 and 2011 for a cumulative total of $516,944.18. The original intent for the use of the
VCTC was as an incentive for the redevelopment of the property.
An interlocal agreement was executed on July 1, 2006 between the Clearwater Community Redevelopment Agency (CRA) and the
City of Clearwater. The purpose and intent of this Agreement is to provide a means by which the CRA and the City would exercise
their respective powers and services in a manner that will best accord with the existing and anticipated resources available to meet
specific expenses incurred for the environmental cleanup of the Clearwater Automotive Salvage Yard (project site). The CRA is the
owner of the project site and incurred the expenses related to the tax credits issued. The CRA borrowed funds from the City's
Brownfields Cleanup Revolving Loan Fund for this purpose. The City was the entity that entered into the contracts for the
remediation of the site.
The VCTC have a one-time, transferable limitation and can be sold or allocated to outside investors subject to the conditions in
Florida Statutes Section 220.1845. The City has a five-year time frame, from the issue date on the original certificate, to transfer
the VCTC certificates to an entity that has a Florida corporate income tax liability. When a transfer occurs, the five-year clock
restarts, the transferee will receive a certificate with a new issue date (date of transfer) and the transferee will have five years from
that date to use the certificate. The certificate is not eligible to be sold once a new certificate is issued.
As the original certificate deadline is nearing expiration, staff is recommending the sale of the four certificates together anticipating
a higher rate of return. In addition, as the sale of tax credits is a specialized service, staff discussed with the FDEP the City's
options. The FDEP provided a list of qualified vendors experienced with Florida's program. Because it is impractical to bid, the
City received two bids from firms that are experienced with Florida's program.
On May 5, 2011, the City Council approved the sale of the tax credit certificates and a contract with Clocktower Tax Credits, LLC
to manage the sale and transfer of the ownership of the VCTC given their experience and pricing structure. FDEP verified that in
fiscal year 2010, Jeff Jacobson, President of Clocktower Tax Credits, Inc. successfully processed fourteen of the eighteen
transactions they received. The cities of Orlando, St. Petersburg, Gainesville and the Jackson Electric Authority verified excellent
service regarding the sale of VCTC with Jeff Jacobson.
Clocktower's (Agency) services will include, but are not limited to: securing its client to purchase the VCTC, drafting all legal
documents (purchase agreement between the City of Clearwater and purchaser and referral agreement between the City of
Clearwater and Agency), file the required transfer documents and forms with the State of Florida, and manage the transfer of funds
from the purchaser to the City.
Tax credit pricing is determined by the marketplace. Transferable tax credits are priced with a cents-per-dollar of credit purchase
price. The current pricing being paid is $0.85 per dollar of each credit (takes into account the time value of money). The sale of the
City's certificates will yield $439,402.55 at this price. Clocktower Tax Credits, LLC will refer its qualified Florida taxpayers to the
City for an agency referral fee capped at $0.05 for each dollar of credit purchased by its client, or $25,847.21. The City would
receive $0.80 per dollar of each credit estimated at $413,555.34. If VCTC certificates are sold above $0.85 per dollar, the Agency
will pay the City the additional proceeds.
Cover Memo
The funds received from the sale of the certificates will be transferred to the CRA and deposited into the Downtown
Redevelopment line item (94714). Item # 2
Type: Other
Current Year Budget?: None Budget Adjustment: None
Budget Adjustment Comments:
Current Year Cost: Annual Operating Cost:
Not to Exceed: Total Cost:
For Fiscal Year: to
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 2
Attachment number 1
Page 1 of 3
AGENCY AGREEMENT
Mr. Jeff Jacobson
Clocktower Tax Credits, LLC
2 Clock Tower Place, Suite 295
Maynard, MA 02174
Re: Aaencv Agreement for Sale of Tax Credits
Dear Mr. Jacobson:
March 11, 2011
The City of Clearwater, Florida ("we" or "us') proposes to engage Clocktower Tax
Credits, LLC and its broker-dealer, Northeast Securities, Inc. (collectively, "Agent" or "you") as
our non-exclusive agent to offer and sell interests in our state tax credits as follows:
1. Tax Credits. State of Florida Brownfield Voluntary Cleanup Tax Credits which
were and will be received in fiscal years 2007, 2008, 2009 and 2012 in a cumulative amount of
up to $516,944.18 in conjunction with environmental remediation work at the Clearwater
Automotive property located at 205 South Martin Luther King Avenue in Clearwater, Florida (the
"Project'). The tax credits are in the form of four Certificates issued or to be issued by the
Florida Department of Environmental Protection (the "Tax Credits') as shown below. These Tax
Credits are controlled by, and the interests will be sold by, The City of Clearwater (the "Seller").
Year of Certificate Project Site Tax Credit Amount
2007 Clearwater Automotive $96,360-08
2008 Clearwater Automotive $64,774.37
2009 Clearwater Automotive $184,264.14
2012 Clearwater Automotive $171,545.59
Total $516,944.18
2. Term. This Agency Agreement (the "Agreement') shall begin on the date shown
above and will continue for six months (other than with respect to its provisions which survive a
termination). After this, both parties may extend this Agreement for an additional 90 days by
mutual written agreement.
3. Services. You will use best efforts to market the Tax Credits to accredited investors,
and to present us with offers or letters of interest to invest in or purchase the Tax Credit
interests. We have the right to accept or reject any investment proposal for any or no reason
without any financial obligation to you, except for a completed sale or investment as described
below.
4. Compensation. We will pay you a fee of $0.05 per dollar of Tax Credits sold to any
investor from whom you have procured an offer or letter of interest and that offer or letter
insures at least $0.80 per dollar of Tax Credits to The City of Clearwater after the Agent's fee of
$0.05 per dollar of Tax Credits has been paid in full. Agent's fee shall be $0.05 per dollar of
Tax Credits sold, regardless of the gross purchase price. We will pay you immediately upon our
receipt of the gross proceeds of the transaction. Each Certificate, if sold separately, shall
Item # 2
Attachment number 1
Page 2 of 3
Agency Agreement Page 2 of 3
constitute a transaction under this Section 4. Such obligation shall survive any transfer of the
Tax Credits or of the Seller's interest, or if the sale proceeds are received by some entity other
than the Seller. This fee may also be paid to you directly by the Purchaser, an Escrow Agent or
other intermediary holding such funds, if such parties so agree in writing.
We acknowledge the value of any investor relationship that you share with us by
presenting to us a letter of interest, offer to purchase, or other terms of a possible investment
in the Project by any such investor. We agree not to solicit, directly or indirectly, any such
investor. We further agree to compensate you for any tax credit transaction, including the
Project, that we close on a sale, investment, or financing with any such investor for four years
from the termination of this Agreement. The compensation will be at the same rate as that
used here, or its financial equivalent, and will apply to any tax credit transaction in which we or
any of our affiliates are involved.
5. Indemnifications. You and we agree to indemnify, defend and hold harmless each
other and each other's officers, directors, partners, controlled partnerships, representatives and
agents against losses, claims, damages or liabilities to which each such person may be subject
insofar as such losses, claims, damages or liabilities (or actions in respect thereof) arise out of
or are based upon any untrue statement, action, or omission by either party of a material fact
or the omission to state a material fact required to be stated. This indemnity shall include
reimbursement of any legal or other expenses reasonably incurred in connection with
investigating or defending any such loss, claim, damage, liability or action, and shall be paid as
such expenses are incurred.
6. Arbitration. Any claim, controversy or dispute between you and us arising out of this
Agreement which cannot be resolved shall be submitted to binding arbitration before the
Financial Industry Regulatory Authority in accordance with its Code of Arbitration Procedure.
Each party agrees to bear its own costs including attorneys' fees and equally split arbitrator and
forum fees. The parties acknowledge that arbitration awards are generally final and binding
with limited grounds to appeal, that discovery is more limited than in civil court, that arbitrators
do not have to explain their decisions and that one or more of the arbitrators may be from the
securities industry.
7. Authority. It is understood that your relationship with us is as an independent
contractor and that nothing herein shall be construed as creating a relationship of partners,
joint venturers, employer and employee or any other relationship between you and us.
8. Confidential Information. We agree that the identity, investment criteria, and any
other information that you or the investor disclose to us concerning an investor constitutes
confidential information (the "Confidential Information"), and we hereby agree not disclose any
Confidential Information to any third party without your prior written consent.
9. Notices. All written notices shall be sent to each party at the following addresses:
To you, at: Mr. Jeff Jacobson
Clocktower Tax Credits, LLC
2 Clock Tower Place, Suite 295
Maynard, MA 01754
JJacobson@ClocktowerTC.com
Item # 2
Attachment number 1
Page 3 of 3
Agency Agreement
To us, at: Diane Hufford
Economic Development Coordinator
City of Clearwater
Economic Development and Housing Department
112 S. Osceola Avenue
Clearwater, Florida 33756
diane.hufford@myclearwater.com
All fees paid under this Agreement shall be paid to, and mailed or wired to:
Northeast Securities Inc.
333 Earle Ovington Blvd., Suite 706
Mitchel Field, NY 11553
Attn: Accounting
Page 3 of 3
10. Successors and Assigns. This Agreement will inure to the benefit of and shall be
binding upon the successors and assigns of the parties hereto; provided that neither party may
assign its rights or delegate its duties to any other person or entity without the prior written
consent of the other party, which consent the other party may give or withhold in its absolute
discretion.
11. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be considered one and the same original.
12. Applicable Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of New York without reference to conflicts of laws principles.
You may accept the terms and conditions of this Agreement by signing and dating below
and returning to us a copy by mail, fax, or scanned e-mail.
CITY OF CLEARWATER
By:
Name
Its:
Agreed and accepted:
CLOCKTOWER TAX CREDITS, LLC
By:
Jeff Jacobson
Date:
NORTHEAST SECURITIES, INC.
By:
Stephen Perrone
Item # 2
Meeting Date:5/31/2011
Community Redevelopment
0 Agency Agenda
Council Chambers - City
Hall
SUBJECT / RECOMMENDATION:
Accept selection committee recommendation and approve a Professional Services Contract between the Clearwater Community
Redevelopment Agency and M. Arthur Gensler, Jr. and Associates, Inc. (Gensler), for the development of an East Gateway District
Vision Plan according to RFP 15-11 in an amount not to exceed $68,000 and authorize the appropriate officials to execute same.
SUMMARY:
In June 2009, the East Gateway Stakeholder Advisory Group, the steering committee for the East Gateway Five-
Year Action Program, suggested that the City/CRA engage the community in redefining a vision for future
development and community character of the East Gateway District. In January 2010, the Community
Redevelopment Agency (CRA) staff put the issue before the CRA Board as a multi-phase project to include vision
development as phase one and implementation based on vision plan outcomes as an optional subsequent phase. The
CRA Board agreed to proceed.
On March 8, 2011, the CRA sought proposals from qualified firms to develop a comprehensive and collaborative
neighborhood vision plan that will address three main areas: 1) a Neighborhood Market/Economic Analysis that
defines the economic base for market-supportable revitalization efforts; 2) Community Outreach and Stakeholder
Involvement culminating in a Community Design Charrette that provides a strong, clear vision of the area and
responds to current and future market opportunities; and 3) a Concept Plan and Policy Framework that identify
specific implementation actions and tools needed to achieve the vision over a 20-year horizon.
On April 8, 2011, the CRA received eighteen (18) proposals from consulting firms. The five-member
Evaluation/Selection Committee was comprised of the following individuals:
Geraldine Campos Lopez, Director of Economic Development and Housing Department
Gina Clayton, Assistant Director of Planning and Development Department
Felicia Leonard, Administrative Support Manager of Parks and Rec. and member of the East Gateway Task Force
Duggan Cooley, President/CEO of RCS and member of the East Gateway Stakeholder Advisory Group
Ekaterini Gerakios, Community Development Coordinator
The Evaluation/Selection Committee met on April 15, 2011 to review and rank the proposals. Proposals were
evaluated and ranked based on each firm's qualifications and experience, project understanding and approach to the
advertised Scope of Work, and quality of previous performance. The Committee invited the following five (5)
firms for an oral presentation:
AECOM (Orlando, FL)
Gensler (Tampa, FL)
HDR Engineering, Inc. (Tampa, FL)
Cover Memo
Item # 3
IBI Group, Inc. (Tampa, FL)
Wade Trim, Inc. (Tampa, FL)
The first two (2) oral presentations took place on April 25, 2011. The last three (3) oral presentations took place on
April 28, 2011. On May 3, 2011, after the completion of all five oral presentations and checking of references, the
Evaluation/Selection Committee chose Gensler as the top-ranked firm.
Staff is recommending Gensler for the following reasons:
Comprehensive approach to the Scope of Work with clear objectives, strategies, and tactics
Partnership with Social Compact Inc., a nonprofit in operation for 20 years, experienced in performing market
analyses in underserved, lower-income neighborhoods
Unique approach to the market/economic analysis with a proven methodology called Progressive Analytics for
Development (PAD) TM
Extensive experience with relevant projects including analysis, design, planning and facilitation skills
Experience with branding strategies to reposition the East Gateway District for market development
Excellent references from City of Tampa, FL, City of Houston, TX, Central Houston Inc., Detroit Economic
Growth Corporation, and Washington, DC Economic Partnership
Bilingual staff to be provided as necessary throughout the duration of the visioning process
The East Gateway District Vision Plan is expected to:
Deliver a workable strategy with supporting rationale
Ensure that new development can be economically viable
Build on previous and current plans, initiatives, and projects
Maximize ultimate return on public investment
Address community interests and concerns
Provide recommendations aimed to enhance the quality of life and standard of living
The contract is for a not to exceed amount of $68,000 ($60,000 for labor and $8,000 in direct reimbursable
expenses). Funding is available in the CRA's East Gateway line item (94849) for this contract.
Type:
Purchase
Current Year Budget?: Yes
Budget Adjustment Comments:
Budget Adjustment: No
Cover Memo
Item # 3
Current Year Cost:
Not to Exceed:
Annual Operating Cost:
Total Cost: $68,000
For Fiscal Year: 10/11 to 11/12
Appropration Code Amount Appropriation Comment
388-94849 $68,000 Professional Services
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 3
Attachment number 1
Page 1 of 6
CONTRACT
THIS CONTRACT, entered into this 31St day of May, 2011, by and
between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, a Florida Redevelopment Agency, hereinafter referred to as
"CRA," P.O. Box 4748, Clearwater, Florida 33758-4748 and M. Arthur Gensler,
Jr. and Associates, Inc., a California corporation, hereinafter referred to as
"Gensler," 100 North Tampa Street, Suite 2300, Tampa, FL 33602.
WHEREAS, the CRA requested professional services through RFP #15-
11 to develop a comprehensive and collaborative neighborhood vision plan that
is expected to address three main areas: 1) a Neighborhood Market/Economic
Analysis that defines the economic base for market-supportable revitalization
efforts; 2) Community Outreach and Stakeholder Involvement culminating in a
Community Design Charrette that provides a strong, clear vision of the area and
responds to current and future market opportunities; and 3) a Concept Plan and
Policy Framework that identify specific implementation actions and tools that help
achieve the vision over a 20-year horizon.;
and
WHEREAS, Gensler agrees pursuant to Scope of Work as contained in
Exhibit "A" attached hereto, to develop an East Gateway District Vision Plan;
NOW THEREFORE, in consideration of the promises stated herein, the
CRA and Gensler mutually agree as follows:
1. SCOPE OF WORK.
Item # 3
Attachment number 1
Page 2 of 6
Gensler agrees to provide professional services under the terms and
conditions described in attached Exhibit "A."
2. TIME OF PERFORMANCE.
This Contract shall commence on May 31, 2011 and terminate on
March 31, 2012.
3. COMPENSATION.
The CRA will pay a not to exceed amount of $68,000, according to the fee
schedule in Exhibit "B" for percentage of tasks completed (labor will not exceed
$60,000 and direct out-of-pocket reimbursable expenses will not exceed $8,000).
4. CHANGE IN SCOPE OF WORK
The CRA may, from time to time, require changes in the scope of the
project of Gensler to be performed hereunder. Any changes to be negotiated
and confirmed in a written amendment must be completed before performing any
changed work. Such changes, including any increase or decrease in the amount
of Gensler's compensation and changes in the terms of this Contract which are
mutually agreed upon by and between CRA and Gensler shall be effective when
incorporated in written amendment to this Contract.
5. METHOD OF PAYMENT.
Gensler's invoices shall be submitted to the CRA for approval for
payment on a monthly basis. The CRA agrees to pay after approval under the
terms of the Florida Prompt Payment Act F.S. 218.70. The CRA's performance
and obligation to pay under this Contract is contingent upon an annual
appropriation of the CRA budget.
Page 2 of 6 Item # 3
Attachment number 1
Page 3 of 6
6. NOTICES AND CHANGES OF ADDRESS.
Any notice required or permitted to be given by the provisions of this
Contract shall be conclusively deemed to have been received by a party hereto
on the date it is hand delivered to such party at the address indicated below (or
at such other address as such party shall specify to the other party in writing), or
if sent by registered or certified mail (postage prepaid) on the fifth (5th) business
day after the day on which such notice is mailed and properly addressed.
Gensler
Keith Greminger
100 North Tampa Street
Suite 2300
Tampa, FL 33602
Telephone: 813-204-9000
Facsimile: 813-223-6984
City of Clearwater CRA
Rod Irwin
CRA Executive Director
P.O. Box 4748
Clearwater, Florida 33758
Telephone: 727-562-4058
Facsimile: 727-562-4052
7. TERMINATION OF CONTRACT.
The CRA at its sole discretion may terminate this Contract by giving
Gensler a ten (10) day written notice of its election to do so and by specifying
the effective date of such termination. Gensler shall be paid for its services
through the effective date of such termination. Further, if Gensler shall fail to
fulfill any of its obligations hereunder, this Contract shall be in default, the CRA
may terminate the Contract, and Gensler shall be paid only for work completed.
8. INDEMNIFICATION AND INSURANCE.
Gensler agrees to protect, defend, indemnify and hold CRA and its
officers, employees and agents free and harmless from and against any and all
claims, including losses, penalties, damages, settlements, costs, charges,
professional fees or other expenses or liabilities of every kind and character to
Page 3 of 6 Item # 3
Attachment number 1
Page 4 of 6
the extent arising out of or due to any negligent act or omission of Gensler or its
employees in connection with or arising directly or indirectly out of the Agreement
and/or the performance hereof. This provision shall survive the termination of
this Agreement.
Gensler agrees to provide and maintain during the life of the contract with
the CRA the following liability coverage:
-Commercial General Liability Insurance on an "occurrence" basis in an
amount not less than $1,000,000 combined single-limit Bodily Injury Liability and
Property Damage Liability;
-Business Automobile Liability insurance in the amount of at least
$1,000,000, providing Bodily Injury Liability and Property Damage Liability;
-Workers' Compensation Insurance applicable to its employees for
statutory coverage limits, and Employers' Liability with a $500,000 limit, which
meets all applicable state and federal laws; and
-Professional Liability/Malpractice/Errors or Omissions insurance, as
appropriate for the type of business engaged in by the Vendor, shall be
purchased and maintained by the Vendor with minimum limits of $1,000,000 per
claim.
The CRA is to be specifically included as an additional insured on the
Commercial General Liability and Business Automobile Liability policies
referenced above.
9. PROPRIETARY MATERIALS.
Upon termination of this Contract, Gensler shall transfer, assign and
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Attachment number 1
Page 5 of 6
make available to the CRA or its representatives all property and materials in
Gensler's possession belonging to or paid for by the CRA.
10. INTERESTS OF PARTIES.
Gensler covenants that its officers, employees and shareholders have no
interest and shall not acquire any interest, direct or indirect, which would conflict
in any manner or degree with the performance and/or provision of services
required under the terms and conditions of this Contract.
11. CONFORMANCE WITH LAWS.
Gensler agrees to comply with all applicable federal, state and local laws
during the life of this Contract.
12. ATTORNEY FEES.
In the event that either party seeks to enforce this Contract through
attorneys at law, then the parties agree that each party shall bear its own
attorney fees and costs.
12. GOVERNING LAW AND VENUE.
The laws of the State of Florida shall govern this Contract, and any action
brought by either party shall lie in Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of
the date set forth above.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard, Chairman, CRA
Page 5 of 6 Item # 3
Attachment number 1
Page 6 of 6
Rod Irwin, Executive Director, CRA
Approved as to form: Attest:
Pam Akin
City Attorney
Attest:
Print Name:
Rosemarie Call
City Clerk
Gensler
By:
Print Name:
Title:
Page 6 of 6
Item # 3
Attachment number 2
Page 1 of 7
EAST GATEWAY DISTRICT VISION PLAN
Gensler/Social Compact
SCOPE OF SERVICES Exhibit A
PROJECT INITIATION
PHASE 1: PROJECT INITIATION/KICK-OFF MEETING
At the onset of the project, Gensler/Social Compact planning staff will schedule a kick-off meeting with City and
CRA officials, or whoever is deemed appropriate, to establish a dialogue, communication network/directory and
facilitate a process for smooth, reliable and consistent interaction. This will open the conduit for all organizations
(the Team and the City of Clearwater) for what will be continuous interaction and conveyance of documentation and
information. We will coordinate with the City as to the Vision Session meeting schedule to have bi-lingual (Hispanic)
presenters available. The establishment of a point person and Steering Committee from the client/community may
prove beneficial at this time. We would welcome further discussion as to the pros/cons of forming such a committee
and the appropriate members.
The Team will immediately initiate a data gathering process with City assistance and other network tools to build a
base of knowledge that is broad in scope. We will look to the stakeholders and City staff to help us to better
understand the historical, cultural, environmental and social aspects of the community, as well as the day to day
views of living, working, commuting and interacting within the City at large.
Anticipated Project Kick-Off Early June 2011
Initiation Phase Duration 4 Weeks
THE NEIGHBORHOOD MARKET
Progressive Analytics for Development (PAD) TM
The proposed market analysis aims to reveal market strengths and opportunities commonly overlooked by
traditional market analysis methods. Through the DrillDown PADT , Social Compact aims to ensure that city and
county officials and local development practitioners have access to quality, timely market information. Furthermore,
the data garnered from the analysis can serve as a resource not only to the city but as well to nonprofit and
community organizations, local businesses, and government and private sector decision makers, to inform current
and future community and economic development initiatives including neighborhood revitalization plans, retail
attraction, small business development, and expanding residents' access to key services.
TASK 1: KICKOFF
The project will begin by working with the City to identify the study area, boundaries, and reference areas. A Social
Compact representative will attend the start up/kick off meeting to review methodology, client requirements and
timeline of data collection. Once we acquire the shape files from the city (or other available mapping files, i.e.
neighborhoods/streets/borders/etc. to coordinate with standard Block Group Boundaries), we can gather the data
required for analysis. After a thorough review, we are confident that we will be able to rely heavily on
relevant previous reports. Further, a city's data is the best source about itself. To that end we would like to receive
building permit and demolition issues and any other real estate market data (tax assessments/certificate of
occupancy) from which we can construct primary information about the East Gateway District.
Anticipated Project Kick-Off Early June 2011
Initiation Phase Duration (note: phase overlap/concurrency) 4 Weeks
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TASK 2: ANALYSIS
UNIQUE MEASURES OF MARKET STRENGTH PAD'' combines demographic and economic profiles with real
estate market analytics to provide a robust analysis of both the demographic, economic and land characteristics of a
location. PAD'' utilizes PopStats, a product of Synergos Technologies, as the basis for establishing the
demographic & economic profiles. PopStats data uses an estimation approach that corrects for errors in traditional
methodologies and places detailed attention to elevating the accuracy of the estimates themselves. The bottom-up
approach is based on the existing relationship between Census household counts and postal delivery counts at the
ZIP+4 level to generate the most unbiased estimates possible. A series of checks-and-balances are used to validate
estimate results and ensure accuracy.
REAL ESTATE MARKET DATA Traditional market data sources are supported by local data in the real estate market
analysis to understand development activity, trends and opportunities.
Analysis Task Kick-Off Early June 2011
Analysis Task Duration (note: phase overlap/concurrency) 10 Weeks
TASK 3: SYNTHESIS and REPORTING
REPORTING INFORMATION THAT CAN BE USED TO PROMOTE AND TRACK DEVELOPMENT. Once
completed, PAD'"' offers a unique and incredibly powerful tool for economic and community development. The
information provided in the profile fills in the economic and demographic blanks that investors struggle to
understand and often dispels negative stereotypes perpetuated by misinformation. DrillDown'"' profiles have
provided municipalities, retailers, developers, community leaders, and others a potent and marketable argument for
investment in more than 350 neighborhoods across the country.
These indicators will be uploaded and integrated into an online, user-friendly data platform that can be embedded
and updated to a site of your choice such as www.myclearwater.com/eastgateway. In addition, the data platform
can be used by stakeholders to track change and can serve as a resource to inform ongoing and future economic
development interventions in communities of focus and the greater County. Once finished, PAD'' becomes
accessible through Social Compact's CityDNA''-an interactive online mapping and data platform designed to host
data and serve as a powerful open access tool that will allow different stakeholders to access and visualize all the
available data. City DNA'", thus delivers critical content (data, mapping tools and reports) to users working from a
common information platform toward a common goal in underserved urban neighborhoods. CityDNA'"' is designed
for both experts and novice users.
The proposed project plan will result in the following:
InterimReport (Week 10 +fimAug.8): A comprehensive database of economic indicators that can be
used to identify opportunities for investment in focus areas;
o Demographic & economic characteristics, such as race, age, gender, employment, and education
trends and 10 & 20 year projections.
o Household characteristics, including income, homeownership, and home values
o Resident and employee retail spending
summary Report (week 16 +/- Sept.19) : Real estate market conditions using existing sources to
evaluate characteristics and trends among specific uses (e.g., inventory, leasing/absorption activity,
rents, sales, new construction, proposed development, etc.) This will include an analysis of
trends and activities that may affect development, i.e. transit
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• Information Platform (week 25 +fim Nov. 14): Data that can be embedded and updated and used to track
change in the aforementioned areas with the data gathered. Potential market/economic development
opportunities as on-line available data.
Long Term Outcomes
Use of indictors to inform decision-making with respect to ongoing community and economic development
interventions;
Use of the resulting data in the development of marketing and informational materials used by the city,
community groups and other stakeholders to attract retail and investment or to advance other
development initiatives such as market defined retail categories and expansion of need driven goods and
services
Synthesis and Reporting Kick-Off August 2011
Synthesis and Reporting Duration (note: phase overlap/concurrency) 16 Weeks
PHASE : COMMUNITY/STAKEHOLIDER INVOLVEMENT
As we proceed with the data gathering and market/economic analysis, we will take a snap shot of the gathered data,
and synthesize into an interim report to present to the stakeholders the information being gathered, and any
trends/observations/assumptions we can make at this time. This will be used to stimulate conversations with the
community.
The community or "visioning" sessions are separated into varying levels: neighborhood or association groups (East
Gateway Business & Neighborhood Association - BNA); community assemblies (church congregations/schools); and
organizations (East Gateway Stakeholders Advisory Group - SAG). These sessions will be coordinated in conjunction
with and the East Gateway Task Force, the CRA and the City. We will look to the City and Steering Committee as to
their understanding of the participant groupings, timing and locations.
Announcements and distribution of information regarding designated Vision Session meetings will be coordinated
with the City & Steering Committee, as well as other recognized leadership groups, (BNA/SAG) churches and
schools to garner the largest pool of opportunity for attendance. It is our understanding that distribution will be of
an electronic format, or printed material within existing newsletters, bulletins, etc.. Placement in such printed
formats will not result in purchased space or advertisement. We may recommend back to back sessions to swell
community energy, sustain directives and minimize executive efforts, consolidate expenses and travel.
The goal is to address opportunities and strengths of the district and the particular group's objectives through a
series of tools or exercises. These exercises will flush out any weaknesses, concerns, misunderstandings, or
oversights, so the directives will initiate or enable improvements through the concept plan, policy framework and
recommendations. The presentations/sessions could be tailored to differing constituency groups, i.e. commercial/
business or residential for specific concerns or needs. This can be orchestrated at the City Start up/ Kick-off meeting
and finalized prior to each session.
We will present to the stakeholders our findings/understanding and assumptions to date to initiate the dialogue
with the participants. Depending on the attendance with will break into smaller groups to create more intimate and
less intimidating settings for greater interaction. We will then assemble as a group to record and discuss
ideas/observations uncovered in the smaller sessions.
The community visioning sessions will be conducted as a high energy and a graphic communication process with
constant documentation and visual interest summarized in a "Visioning Banner". Gensler's facilitators are trained to
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stimulate, engage, listen and record to gain trust through empathy and enthusiasm with our community partners,
and we will coordinate presenters to accommodate Hispanic speaking audiences.
Anticipated Stakeholder Meetings Weeks of Aug. 15 Vor Aug. 22, 2011
Stakeholder Phase Duration (note: phase overlap/concurrency) 7/8 Weeks
PHASE : COMMUNITY DESIGN '.' _T
This outlines the tasks, procedures and process Gensler has developed to strategically assist communities reposition
their physical, financial, development and branding opportunities
Task 1- Agenda:
Senior Gensler planning professionals will convene with City/CRA staff to assemble a strategic charrette agenda to
forecast the required efforts to focus the design team and stakeholders for a deliberate and efficient development
process.
Task 2 - Research:
The Gensler team will summarize the research of the physical, regulatory, financial, market, cultural and social
attributes of the community, as well as the finding from the stakeholder work sessions into a briefing package to
quickly understand the current and historical climates. The community visioning process will be summarized to set
the goals, aspirations and directives of the charrette within a briefing package.
Task 3 - Preparation:
Distribution of the research assignment findings for general team briefing, and coordinating logistics of: meeting
space, materials, technology, support systems, transportation, lodging and food & beverage for multi-day focused
interaction. The team will provide templates (both electronic and reproducible formats) to the City for meeting
announcements: subject matter, dates and locations.
Task 4 - Charrette:
The Planning Team (con sultants/City/CRA staff) will tour the site together to queue opportunities/issues through
visual inducement, photograph and record/document the team discussion as a premise for planning exercise.
The Gensler team assembles in a charrette (team room) space to prepare/pin-up development maps, project related
documents, set up appropriate technology and charrette tools (flip charts, pens/sketch paper and other resources) to
begin the process. It will not be part of the consultant team to secure and/or assume expenses for charrette (team
room) space.
Planning staff will brief the project team with project orientation scenarios of the problem/opportunity leading up to
the charrette. This will define relationships and players central to the project, public involvement outcomes, brief
market/economic overview and discuss directives and planning deliverable concepts.
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With the research, preparation and morning reporting as a knowledge base, we will address the City and CRA staff
colleagues over a thought leadership lunch for review and detail added value.
The issues will be quickly outlined as an existing conditions scenario to the group, and colleagues will discuss past
experiences from comparable communities projects, to create a "lessons learned" document that may have related
input to the overarching demands of the East Gateway Community. This forms a broad perspective of community
challenges and successes from which to formulate our approach.
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The team will develop an immediate action items/"to do" list, to establish goals and guiding principles to attack the
design problem.
Continued analysis will take place equipped with known perspectives from the activities to date. This analysis will
involve activities as: comparable cities matrix; texture mapping of the community to locate cultural and significant
places or nodes; opportunistic regulatory refinement of land use or zoning to proliferate development opportunities;
available funding tools; grant opportunities and draft deliverables and schedule.
This analysis will generate a list of "Development Drivers" examples to initiate the exercise. The team will introduce
the "Development Drivers" to the community, seek discussion, additions and/or deletions and will be dissected into
common elements or themes through a process of "Mind Mapping" to understand the core attributes of the drivers.
This process will enable the team with stakeholder participation to structure a response fully supporting the
elements for success through a Development Evaluation Checklist.
The facilitation leader, armed with the mindset of the development evaluation checklist, will engage the stakeholders
to identify potential sites for consideration across the variety of development types: office, residential, retail,
cultural, civic and mixed uses. This will fuel the development team with community insight and opportunities.
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Plan Development Options:
With a strong basis of community context, market and real estate data, stakeholder involvement/preferences and
identification of sites and/or opportunities, the team will further evaluate potential sites against the development
evaluation checklist to decide which of those may be considered as "Catalytic Projects". Catalytic
projects/sites/opportunities are those that create value beyond their immediate borders. Multiple "Catalytic
Projects" at different scales and locations, i.e. streets/neighborhoods/centers/edges and generate various plan
options (synthesized to three) will create the basis for overall community repositioning. Development of scale, form
and character attributes through graphic representation, i.e. sketches/comparable projects/photos/images will be
utilized to gain understanding and consensus of selective proposed redevelopment.
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The Team will present to the community a briefing report draft that collates the proceedings to date: market and real
estate data; public/community involvement directives; charrette products (Development Drivers/Mind
Mapping/Evaluation Checklists/Catalytic Projects and site options). Our facilitators will employ tools and techniques
to engage the participants to focus on their preferred alternatives. Once the projects programmatic objectives and
locations are agreed upon, Gensler will develop plans and imagery to depict the various project scenarios leading to
a final concept plan. We will also introduce the concepts of Brand Strategy to be further developed as a graphic
communication system based upon the finding from the vision and charrette process.
The results of the Charrette will set the direction for the remaining work products, development phasing, follow-up
events and development schedule definition for near term, short term and long range projects.
Anticipated Charrette Meetings Week of Sept 19, 2011
Charrette Phase Duration (note: phase overlap/concurrency) 7/8 Weeks
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PHASE 4: CONCEPT PLAN, POLICY FRAMEWORK AND STRATEGY
This phase will initiate at the onset of the Market/Economic Reporting to begin to understand any jurisdictionaI and
policy impacts that may require broader City/regulatory involvement. The concept development phase of the
process will be the cognitive blending of work developed through the visioning process into a strategy that includes:
market, real estate and economic positioning;
community involvement directives;
regulatory overview, policy framework;
graphic depiction of physical enhancement opportunities.
Strategic decision-making will create the policy framework to achieve the vision over a time frame that will enable
immediate opportunities (6-24 months); short term (3-5 years) and long range (+10 years) "actionable" initiatives,
including but not limited to:
current "in the works" improvements:
coordination, maximizing impacts, enabling future opportunities
land use:
use categories, mixes, adjacencies, edge conditions
zoning options:
traditional vs. form-based, bonus criteria, etc.
parking scenarios:
scale, counts and shared opportunities,
code enforcement:
right rules, right place, right time
development scenarios:
neighborhoods, corridors, strategic sites
connectivity:
sidewalks, bike paths, open space, parks and trails
funding strategies:
tax revenue generation, tax credits, grant opportunities, etc., sighted through the economic analysis.
Timing will shape the community transformation process, so queuing of the developments and their particular issues
of land ownership/assemblage, programmatic requirements, infrastructure needs, with the market and funding
streams will form the delivery schedule and roll out of the vision.
We will develop with the City a strategy schedule to create a series of successive and concurrent developments
building a pipeline of opportunities. The schedule will reflect current market and economic data with real workable
strategies derived from metrics that couple opportunity with real estate and funding.
Anticipated Plan/Framework Meetings Mid. Oct. 2011
Plan/Framework Phase Duration (note: phase overlap/concurrent) 10/11 Weeks
PHASE 5: RECOMMENDATIONS AND FINAL PRESENTATIONS
This product will serve as the East Gateway District Vision Plan. The Vision will be built in conjunction with the
strengths of previous planning initiatives, particularly, the City of Clearwater Economic Development and Housing
Development's Strategic Plan as a collaborative document.
The team will present a draft document for City review and comment prior to finalization. We anticipate the City will
have approximately two weeks for completion of their review with comments for implementation. The team will
incorporate all comments and seek final approval to produce the final vision document for presentation to the
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community and stakeholder groups. Our package will include five printed copies, one unbound original and an
electronic format for printing and duplication.
We would anticipate at all parties: City, staff, steering committee, stakeholders (SAG and BNA) could be available for
a singular Final Presentation to be scheduled to accommodate all parties. Subsequent presentations may limit all
team members' full participation. Our goal is to be as accommodating as possible.
Anticipated Final Presentation Meetings
Final Presentation Phase Duration
CPA Board Meeting Nov. 2011
3 Weeks
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