10/30/2017Monday, October 30, 2017
1:00 PM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Council Chambers
Council Work Session
Work Session Agenda
October 30, 2017Council Work Session Work Session Agenda
1. Call to Order
2. Presentations
Police Officer Oaths2.1
3. Finance
Approve CorVel Healthcare Corporation’s Annual Agreement for the
review of Workers Compensation Medical bills and to provide Pharmacy
Benefit Management services with discounted network pricing effective
January 1, 2018 through December 31, 2018, pursuant to City Code
Section 2.564 (l) (i), services associated with Workers Compensation
exempt from bidding; and authorize the appropriate officials to execute
same. (consent)
3.1
4. Gas System
Approve a Purchase Contract for the city purchase of Real Property owned
by ABBL LLC, with a purchase price of $230,000 and total expenditures
not to exceed $262,000, which include closing costs and other ancillary
expenses, together with all other instruments required for closing and
authorize the appropriate officials to execute same. (consent)
4.1
Approve a five-year Legal Services Agreement with the law firm of Baker
and Hostetler, LLP, for an amount not to exceed $250,000 for the period
October 1, 2017 through September 30, 2022; approve a five-year Legal
Services Agreement with the law firm of McCarter English, for an amount
not to exceed $125,000 for the period October 1, 2017 through September
30, 2022; approve a five-year Legal Service Agreement with the law firm of
William J. Peebles, P.A, for an amount not to exceed $125,000 for the
period October 1, 2017 through September 30, 2022 and authorize the
appropriate officials to execute same. (consent)
4.2
5. Parks and Recreation
Approve an increase in Blanket Purchase Order BR512009 to Chongqing
Arlau Civic Equipment Manufacturing Co. Ltd, of Chongqing, China, for site
furnishings from $150,000 to $300,000 annually, and authorize the
appropriate officials to execute same. (consent)
5.1
Page 2 City of Clearwater Printed on 10/27/2017
October 30, 2017Council Work Session Work Session Agenda
Approve a contract between the City of Clearwater (City) and RTP
Productions Corp. (RTP) of Orlando, Florida to provide Market Manager
services to Downtown Clearwater consisting of all day-to-day operations,
promotion and staffing of all market events for one year beginning
November 2, 2017 through November 1, 2018 with four one-year renewal
extensions at the discretion of the City and authorize the appropriate
officials to execute same. (consent)
5.2
Approve purchase orders to Sunbelt Sod and Grading Company Inc. of
Ruskin, Florida and Tom’s Sod Service Inc. of Clearwater, Florida, for sod
and sod installation services in the total annual amount of $300,000, and
two one-year renewal terms at the City's option and authorize the
appropriate officials to execute same.
5.3
6. Police Department
Approve acceptance of University of South Florida Board of Trustees, a
public body corporate for the University of South Florida’s Center for Urban
Transportation Research (University), High Visibility Enforcement (HVE) for
Pedestrian and Bicycle Safety Grant Award in the amount of $50,000 for
police overtime, establish special program 181-99219, 2017 HVE
Pedestrian and Bicycle Safety, and authorize the appropriate officials to
execute same. (consent)
6.1
7. Engineering
Approve Two Quiet Zone Stipulation of Parties Agreements (SOP) for the
Closure of the Railroad Crossing at Hendricks Street at East Avenue and
the Closure of the Railroad Crossing at Grove Street at East Avenue and
authorize the appropriate officials to execute same. (consent)
7.1
Approve the closure of two railroad crossings on public streets to meet the
requirements for the establishment of a railroad quiet zone and adopt
Resolution 17-35
7.2
Approve Amendment 1 of Southwest Florida Water Management District
(SWFWMD) Agreement N602 for East Gateway Stormwater and Sanitary
Sewer Improvements Project (13-0043-EN) extending the agreement to
February 28, 2019 and authorize the appropriate officials to execute same.
(consent)
7.3
Approve a Joint Project Agreement with Pinellas County for utility
installation by roadway contractor for the Sunset Point at Betty Lane Utility
Relocation Project with the estimated amount of $402,948.00 and
authorize the appropriate officials to execute same. (consent)
7.4
8. Marine & Aviation
Page 3 City of Clearwater Printed on 10/27/2017
October 30, 2017Council Work Session Work Session Agenda
Ratify and Confirm Airpark Lease and Operating Agreement with
Clearwater Airpark, Inc. through November 30, 2017, with one additional
5-year renewal at the City’s discretion.
8.1
9. Human Resources
Approve the collective bargaining agreement as negotiated between the
City of Clearwater and CWA Local 3179 for Fiscal Years 2017/18,
2018/19, and 2019/20 and authorize the appropriate officials to execute
same. (consent)
9.1
10. Official Records and Legislative Services
Schedule a council meeting on Wednesday, December 20, 2017 at 6:00
p.m. (consent)
10.1
Approve an agreement with the Law Firm of Dean, Mead, Egerton,
Bloodworth, Capouano and Bozarth to provide lobbying services at the
state level from October 1, 2017 through September 30, 2020 at a cost of
$4,000 per month, plus estimated expenses of $4,800, not to exceed
$52,800 per year, and authorize the appropriate officials to execute same.
10.2
Approve the 2018 State Legislative Priorities.10.3
11. Legal
Adopt Ordinance 9046-17 on second reading, amending the future land
use element of the Comprehensive Plan to change the land use
designation for certain real property whose post office address is 1895
Virginia Avenue, Clearwater, Florida 33763 from Institutional (I) to
Residential Low Medium (RLM).
11.1
Adopt Ordinance 9047-17 on second reading, amending the Zoning Atlas
of the city by rezoning certain real property whose post office address is
1895 Virginia Avenue, Clearwater, Florida 33763 from Institutional (I) to
Medium Density Residential (MDR).
11.2
Adopt Ordinance 9072-17 on second reading, amending the future land
use plan element of the Comprehensive Plan to change the land use
designation for certain real property whose post office address is 3108
Downing Street, Clearwater, Florida 33759 from Residential/Office Limited
(R/OL) to Residential Urban (RU).
11.3
Adopt Ordinance 9073-17 on second reading, amending the Zoning Atlas
of the city by rezoning certain real property whose post office address is
3108 Downing Street, Clearwater, Florida 33759, from Office (O) to Low
Medium Density Residential (LMDR).
11.4
Page 4 City of Clearwater Printed on 10/27/2017
October 30, 2017Council Work Session Work Session Agenda
12. City Manager Verbal Reports
13. City Attorney Verbal Reports
14. Council Discussion Item
City Manager/City Attorney Salary Discussion14.1
15. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
16. Closing Comments by Mayor
17. Adjourn
18. Presentation(s) for Council Meeting
Suncoast Jazz Classic Weekend - Joan Dragon, Suncoast Jazz Classic
Board of Directors Chair
18.1
Clearwater Sister Cities, Inc. - Candy Hays, President, Clearwater Sister
Cities, Inc.
18.2
Ruth Eckerd Hall Annual Report18.3
Page 5 City of Clearwater Printed on 10/27/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3951
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: PresentationIn Control: Council Work Session
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
Police Officer Oaths
SUMMARY:
Steven Buis
Bernard Castillo
Anastasia Delgado
William Giannas
Michael Kontodiakos
David Kurinsky II
Jessica Manganaro
Brandon Marchione
Zachary Senter
Miranda Wincek
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/27/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3988
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Finance
Agenda Number: 3.1
SUBJECT/RECOMMENDATION:
Approve CorVel Healthcare Corporation’s Annual Agreement for the review of Workers
Compensation Medical bills and to provide Pharmacy Benefit Management services with
discounted network pricing effective January 1, 2018 through December 31, 2018, pursuant to
City Code Section 2.564 (l) (i), services associated with Workers Compensation exempt from
bidding; and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Risk Management Division of the Finance Department has a current pricing agreement
with CorVel for these services which was approved by Council last year.
An amendment to the original agreement, effective January 1, 2018, will increase the Bill
Review Service Fee from $6.50/bill to $6.70/bill. All other rates will remain the same, but still
subject to a 3% increase per subsequent contract year.
This amendment will also change the renewal Terms of the agreement, from a one-year
automatic renewal to one which will not exceed a total of four annual extensions (including this
extension for calendar 2018), thus establishing a contract end date no later than December 31,
2021. Annual extensions will be brought back to Council for approval.
The new proposed rate structure will generate approximately 1% increase over the previous bill
review rate. Our Pharmacy Rates and Cost remain unchanged and are actually charged per
claim and paid from the Central Insurance Fund. Medical bills reviewed and Pharmacy Benefits
are paid from a separate Imprest Fund budgeted at $1.2 million.
APPROPRIATION CODE AND AMOUNT:
Account 0590-07590-545800-519-000-0000 $50,000
Page 1 City of Clearwater Printed on 10/27/2017
City of Clearwater Amendment 1 to Managed Care Services Agreement (Bill Review
Pricing) 10-16-17
AMENDMENT NUMBER 1
This Amendment Number 1 dated November 2, 2017 by and between CorVel Healthcare
Corporation (“CorVel”) and City of Clearwater FL ("Customer").
WHEREAS, CorVel and Customer entered into the Managed Care Services Agreement for
Managed Care Services with an effective date of January 1, 2017 (“Services Agreement”) pursuant
to which CorVel agreed to provide Customer certain managed care services; and
WHEREAS, CorVel and Customer each desire to amend the Services Agreement to revise the
parties' contractual arrangement; and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties agree to:
Amend Section 8A (“Term”) of the Agreement whereby The subsequent renewal term(s) shall
not exceed a total of four (4) annual extensions, thus establishing a contract end date of
December 31, 2021. All other termination terms remain unchanged.
Amend Exhibit B (“Fees”) to the Agreement changing only the Bill Review fee effective
January 1, 2018 as follows:
Bill Review Pricing
Per Bill (re-price to FS; EDI to State $6.70 per bill
PPO Network and all savings additional to FS
Professional Review:
Complex Bill Review
Nurse Bill Review
Enhanced Bill Review (CERiS)
28% of savings
28% of savings
28% of savings
28% of savings
Amend Exhibit B (“Fees”) adding the following language for Case Management Billing as
follows:
Billing and Payments for Case Management. CorVel will invoice Customer monthly
for all fees related to the Case Management Services. Billing for Case Management is
based on allocated time per activity. Activity is based on ten (10) minute intervals
and billed at the next tenth (.10) of an hour. Invoices for the Case Management
Services shall be paid through the claims file to CorVel. Invoices will reasonably
detail the computation of the fees owed.
City of Clearwater Amendment 1 to Managed Care Services Agreement (Bill Review
Pricing) 10-16-17
All other terms and conditions of the Services Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, CorVel and Customer have caused this Amendment to be executed by
the persons authorized to act in their respective names.
CITY OF CLEARWATER FL CORVEL HEALTHCARE CORPORATION
By: ________________________________ By: _____________________________________
Print Name: ________________________ Print Name: ______________________________
Title: ______________________________ Title: ____________________________________
Date Signed: ________________________ Date Signed: ______________________________
Countersigned: CITY OF CLEARWATER, FLORIDA
___________________________ By: __________________________
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form: Attest:
___________________________ ________________________________
Rosemarie Call
Assistant City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3985
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Gas System
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Approve a Purchase Contract for the city purchase of Real Property owned by ABBL LLC, with
a purchase price of $230,000 and total expenditures not to exceed $262,000, which include
closing costs and other ancillary expenses, together with all other instruments required for
closing and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The subject property is owned by ABBL LLC, PO Box 1251, Tavares, FL 32778, located just
north of Maple Street, just east of Blanche B. Littlejohn Trail in Clearwater. The acquisition
consists of five lots (50, 51, 52, 53 and 54) of approximately 33,279 sq ft (0.76 acres). ABBI
LLC has agreed to sell the lots to the City at a purchase price of $230,000, which is
approximately $6.90/sq ft.
The land acquisition will allow Clearwater Gas System’s (CGS) employees and contractors to
park offsite during the 30-month construction period for the full redevelopment of the CGS
complex at 400 N Myrtle Ave, Clearwater. Without this property, CGS would have to find
remote parking for its employees and provide shuttle transportation to/from 400 N Myrtle. The
other option would be for the Contractor to increase construction time by adding more building
phases to the project, resulting in increased mobilization costs. The property purchase was
determined to be the lowest cost, as these properties can be sold off after construction is
complete. All building structures will be surveyed for asbestos and then demolished in order to
accommodate parking.
The City obtained an independent appraisal performed by James Millspaugh and Associates,
Inc. The appraiser valued the property at $4.60/sq. ft. ($153,500) with a valuation date of July 3,
2017. ABBL reviewed the appraisal and responded with its opinion of value at $10.50/sq. ft
($350,000). ABBL and city staff ultimately negotiated a purchase price of $6.90/SF.
Acquisition Costs:
Purchase price $230,000
Closing costs including title insurance $2,000
Asbestos Survey $10,000
Building demolition $20,000
TOTAL $262,000
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project 315-96384, Gas System - Pinellas Building,
Page 1 City of Clearwater Printed on 10/27/2017
File Number: ID#17-3985
to fund this purchase.
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 10/27/2017
Diagram of Property Purchase
(Lots 50-54)
Address
Lot 50/51: 609 Blanche B Littlejohn Trail
Lot 52: 605 Blanche B Littlejohn Trail
Lot 53: 603 Blanche B Littlejohn Trail
Lot 54: 603 Blanche B Littlejohn Trail
700 Maple St.
CClleeaarrwwaatteerr GGaass SSyysstteemm
CCoommpplleexx
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3992
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Gas System
Agenda Number: 4.2
SUBJECT/RECOMMENDATION:
Approve a five-year Legal Services Agreement with the law firm of Baker and Hostetler, LLP, for
an amount not to exceed $250,000 for the period October 1, 2017 through September 30, 2022;
approve a five-year Legal Services Agreement with the law firm of McCarter English, for an
amount not to exceed $125,000 for the period October 1, 2017 through September 30, 2022;
approve a five-year Legal Service Agreement with the law firm of William J. Peebles, P.A, for an
amount not to exceed $125,000 for the period October 1, 2017 through September 30, 2022
and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Clearwater Gas System (CGS) utilizes three outside legal firms for issues pertaining to the
natural gas industry. The annual costs of this agreement will fluctuate depending upon litigation
activity. Any lawsuits assigned to the firm will be brought individually to council for approval.
Summary of services and billing rates are provided as follows:
Baker & Hostetler:
Law firm provides all environmental consulting services pertaining to our former manufactured
natural gas site at 400 N Myrtle Ave, Clearwater.
$440.00 per hour for William Pence
$310.00 per hour for Lauren Johansson & other associates
$465.00 per hour for William Pence (last 2yrs of agreement)
$335.00 per hour for Lauren Johansson & other associates (last 2yrs of agreement)
McCarter English:
Law firm provides legal services pertaining to Federal natural gas pipeline and supply items,
such as FL Gas Transmission rate cases and gas supply purchases.
$495.00 per hour for John Gregg (Principal)
$365.00 per hour for Jeffrey Janicke and Kevin Conoscenti
$335.00 per hour for Amanda Dumville
$325.00 per hour for Daniel Flint
$175.00 per hour for Law Clerk
$125.00 per hour for Paralegal
$110.00 per hour for Legal Assistant
William J. Peebles:
Law firm provides legal services pertaining to Florida Public Service Commission and State
Page 1 City of Clearwater Printed on 10/27/2017
File Number: ID#17-3992
issues pertaining to the natural gas industry.
$150.00 per hour for William Peebles and Karen Peterson
The three legal services agreements were previously approved in 2012. The current city policy
is to have agreements last no longer than five years when possible. Legal Services are exempt
from bidding requirements under Section 2.564(1)(h) of the Clearwater Code of Ordinance.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0315-96358-530100-532-000-0000 (Baker Hostetler) and
0423-02064-530100-532-000-0000 (William Peebles and McCarter English) to fund this
contract for this fiscal year and will be budgeted in this cost code for each subsequent contract
year.
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 10/27/2017
ME1 25876468v.2
LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the ____ day of _____________, 2017, by and between
the CITY OF CLEARWATER, P.O. Box 4748, Clearwater, Florida 33758-4748 (the "City") and the
law firm of MCCARTER ENGLISH, Twelfth Floor, 1015 15th Street, N.W., Washington, D.C. 20005
("Counsel").
W I T N E S S E T H:
WHEREAS, the City wishes to retain Counsel to serve as Counsel to the Clearwater Gas
System. NOW, THEREFORE, in consideration of the promises and mutual covenants herein
contained, the parties do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is hereby
authorized to provide services as described in this Agreement and for the professional fees
described in this Agreement.
SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide its professional
services for the Clearwater Gas System of the City of Clearwater.
SECTION 3. TERM. The term of this Agreement shall be for five years, beginning
October 1, 2017 and expiring September 30, 2022.
SECTION 4. PROFESSIONAL FEES FOR SERVICES. The City and Counsel agree to
legal fees in accordance with the attached schedule. These fees will continue for the term of this
Agreement unless Counsel gives the City thirty (30) days written notice of an increase in fees, in
which case such increased fees will be substituted for the above-designated fees unless the City
terminates as provided for herein. Professional fees for services shall not exceed $125,000.00 for
the term of this Agreement.
SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses shall be made
by the City to the firm for reasonable out-of-pocket expenses as determined by the City Attorney
without markup, including but not limited to long distance calls and facsimiles, copying or
reproducing documents, postage, court costs, parking costs and travel incurred by Counsel in
performance of the duties hereunder. Travel and per diem costs as well as auto travel expenses
shall not exceed that which is available to City of Clearwater employees.
SECTION 6. INSURANCE. Counsel shall procure and maintain during the life of this
Agreement Professional Liability Insurance providing coverage for errors and omissions with a
combined single limit in excess of $10,000,000.
ME1 25876468v.2
2
SECTION 7. CONFLICT OF INTEREST. It is understood by the City and Counsel that
Counsel is not aware of any clients of the firm that currently present any legal conflict between the
interests of the City and other clients of Counsel. If any potential conflict of interest arises during
the time Counsel is representing the City, Counsel will promptly inform the City. The City is under
no obligation to agree to permit the conflict representation.
SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be governed
by and construed in accordance with the laws of the State of Florida. This Agreement may be
amended only by a writing duly entered into by the City and Counsel.
SECTION 9. CANCELLATION OF AGREEMENT. The City may cancel or terminate this
Agreement upon ten days advance written notice to Counsel. In the event of cancellation, Counsel
shall immediately cease work hereunder and shall be reimbursed for eligible and documented
reimbursable expenses incurred prior to the date of cancellation. Further, it is understood and
agreed between the City and Counsel that John Gregg or in his absence, Jeffrey Janicke, will be
the lead attorney assigned by the firm to provide the services contained herein. The City in its
absolute discretion may immediately terminate this Agreement upon written notice to the firm if the
services these attorneys are unavailable to the City. Counsel reserves its right to terminate its
representation of the City, subject to the limitations set forth in the Rules of Professional Conduct of
the District of Columbia Bar.
IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of the
date first written above.
CITY OF CLEARWATER, FLORIDA
______________________________
William B. Horne II
City Manager
Approved as to form:Attest:
______________________________ _______________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
McCarter English, LLP
______________________________
John P. Gregg
Partner
ME1 25876468v.2
3
ATTACHMENT 1
Timekeepers and Hourly Billing Rates
Name Title
Hourly
Rate
John P. Gregg Principal $495
Jeffrey K. Janicke Associate $365
Kevin Conoscenti Associate $365
Daniel Flint Associate $325
Amanda Dumville Associate $335
Nathan Howe Associate $285
Law Clerk $175
Joanna Hurt Paralegal $125
Deborah McCraw Legal Assistant $110
Olivia Nono Legal Assistant $110
EXPENSES:
Mileage: (not to exceed federal rate)
Travel: (actual out of pocket)
Copying: 15 cents per page
FERC Filings: $25 per filing
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3977
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve an increase in Blanket Purchase Order BR512009 to Chongqing Arlau Civic
Equipment Manufacturing Co. Ltd, of Chongqing, China, for site furnishings from $150,000 to
$300,000 annually, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On November 17, 2016, the City Council awarded a contract to Chongqing Arlau Civic
Equipment Manufacturing Co. Ltd, of Chongqing, China, for site furnishings in the amount of
$150,000 annually, for one year with two one-year extension options at the City’s discretion.
This contract provides site furnishings including picnic tables, park benches, bike racks, trash
receptacles, bollards, and drink rails, for City properties and parks. Parks utilizes an inventory
program to manage the replacement and/or refurbishment of site furnishings.
In an effort to replace all of the needed furniture on Beach Walk, as well as picnic tables and
drink rails at Spectrum Field prior to the 2018 Spring season, staff is requesting that the current
purchase order contract (BR512009) amount, as well as the remaining two renewal term
amounts, with Chongqing Arlau be increased from $150,000 to $300,000.
This request is being made one month ahead of the first extension period for this contract in an
effort to get production of the furniture started so that it will arrive prior to Spring Training.
Site furniture already in stock for this year is being installed at various parks around the City
identified in the inventory program.
Since this will be a blanket purchase order funding will come from a variety of funding sources
however, the primary source will be from “Park Amenity Purchase and Replacement” CIP
315-93635.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project 315-93635, Park Amenity Purchase and
Replacement, to fund this contract.
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 10/27/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3986
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 5.2
SUBJECT/RECOMMENDATION:
Approve a contract between the City of Clearwater (City) and RTP Productions Corp. (RTP) of
Orlando, Florida to provide Market Manager services to Downtown Clearwater consisting of all
day-to-day operations, promotion and staffing of all market events for one year beginning
November 2, 2017 through November 1, 2018 with four one-year renewal extensions at the
discretion of the City and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City issued RFP #31-17 on June 28, 2017 seeking the services of an experienced Market
Manager to establish a recurring market in the City’s downtown core. The Market Manager
would be responsible for all aspects of the operations, promotion and staffing for the market.
Committee members evaluated the proposals and recommend RTP to provide these services.
RTP will provide a weekly Saturday morning Farmers Market as well as provide services for
other agreed upon market events at other locations and times during the year as agreed upon
between the City and RTP.
The City will provide space in mutually agreed upon market locations for up to 150 vendors,
electricity to as many areas as possible, trash dumpster, parking for patrons and vendors,
storage space for market furnishings and restroom facilities.
RTP will remit 20% of all vendor booth rental fees to the City as well as a surcharge of $5.00 for
any vendor using electricity. Funds received from RTP will be reinvested into collaborative
events between the market and the City as well as cover any expenses the City would incur
due to the market. Additionally, any sponsorship money raised by RTP will be shared on a
50/50 split with the City.
RTP has a proven track record of producing similar award winning markets in Winter Haven
and Orlando. The market will consist of a variety of booths however, food will be the primary
commodity sold and displayed at the market.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 10/27/2017
Please see the hard copy of the RTP team
member handbook in the bound copies of
the RFP
MARKET MANAGER’S
FARMERS MARKET OPERATIONS MANUAL
Please refer to the hard copy of the Orlando
Farmers Market Operations manual in the bound
RFP
Updated January 2017
MARKET MANAGER'S
OPERATIONS
MANUAL
Please refer to the hard copy of the Winter
Garden Farmers Market Operations manual in
the bound RFP
Current list of approved vendors
Organically Grown Trees and Plants
Product Place of Production
Howey in the Hills
Winter GardenAB Newton & Company
A Natural Farm and Educational Center
Business Name
African Market Baskets African Market Baskets Winter Park
Alex Miller Organics Organic Hair Styling Clay Winter Park
Orlando
Adiel Company Handcrafted Jewelry Windermere
Amanda Sinco Photography Landscape Photography Orlando
American Dance Party Hand Bleached Shirts Debary
Alysha Wilcox Handmade Pottery Orlando
All Dried Up Dried Fruit Snacks Clermont
Almendra's Bakery Cookies, Pastries, Pies Orlando
Apparel & Household Décor
Ada's Art & Craft Handmade Bracelets and Earrings
All About US Wild Salmon Salmon Filets, Sea Cod Jacksonville
Aliocha Products Company Gourmet Appetizers Orlando
Aline + Me Candle Company Lotion Candles, Wax Melts Mount Dora
Angela Hansen Fine Art Paintings Lake Alfred
Angels Visions Original Paintings Orlando
An Apron Story Handmade Aprons Winter Garden
Ananda Natural Soy Candle Company Soy Candles Winter Garden
A'merinades, LLC Marinades Orlando
Amish Pretzel Shop Amish Soft Pretzel Astatula
Arbogast Confection Funnel Cakes Orlando
Arlette Melendez Hairbows and Clips Orlando
April Showers, LLC Vases, Perfume Strays, Body Scrubs Clermont
Apron Lady Muffins and Catering Various Muffins Ocoee
Ankle Bling Ankle Bracelets The Villages
Antiquiteas, LLC Small Plants Winter Garden
Artisan Bonsai and Garden Bonsai Pottery and Wire Winter Garden
Ascension Scrubs and More Body Scrubs Clermont
Current list of approved vendors
Casa Lucina, LLC Guacamole, Pico, Salsa Lady Lake
Casa Mia Meatballs, Panna Ocoee
Calise Design Studios, LLC Soap Making Kits, Wood Items Windermere
Camelot Beads Various Breads Kissimmee
Captain Joe's Smoked Salmon Dip Apopka
Captain Tim's Coast 2 Coast Seafood Seafood Ocala
Carmo Consulting and Services, LLC Brazilian Pastries Winter Garden
Casa Concieto Fortaleza Croissants Windermere
Boondoggle Made of Palm Boondoggle Made of Palm Webster
Boryana Marinova Petkova Crochet Toys Orlando
Breakwood Builders Wood Furniture Winter Garden
Brigadeiro Go, LLC Brigadeiros, Cakes, Spreads Orlando
Buttermilk Bakery Various Baked Goods Orlando
Cakes and Cups Baked Goods Orlando
ApopkaOriginal MarinadesBulsara Foods Inc.
Bobalicious, LLC Various Boba Drinks Winter Garden
Body Art Fusion Face Painting Winter Park
Bon Appetit Superb Vinaigrettes Salad Dressings Longwood
Barnse Bath Co.Bath Bombs, Soaps, Shaving Cream Clermont
Beachcombing Studio Seaglass Jewelry Cedar Key
Aunt Ruthies Zesty Mustard Zesty Mustard Merritt Island
Authentic Belgium Waffle, LLC Belgian Waffle Orlando
Blue Box Pasta
Big B Kettle Korn Frozen Chocolate Covered Bananas Longwood
Big Belly's Kitchen Ceviche, Tacos Winter Garden
Becky Feliciano Paper Flowers, Diaper Cakes Longwood
Better Butter Flavored Butter Winter Park
Pasta Orlando
Bearapy Wraps Therapy Wraps Oviedo
Beauty Marks by Alex Pepe Original Artwork Windermere
Current list of approved vendors
Defiant Worm Books Books Orlando
Demeters Harvest Salsa, Hummus Orlando
Dequan Studios Original Acrylic Paintings Steinhatchee
Designs by Michelonee Children's Clothing & Accessories Beverly Hills
Digital Caricaturist Face Painting, Caricature Ocoee
Digital Skin Handmade Shelves Orlando
Creations for Colin Hand Painted Wood Items Winter Park
Cubanoz Cuban Sandwich Basket Geneva
Custom Coasters and More Custom Drink Coasters, Misc. Items Gotha
Damon Dewitt, LLC.Oil Canvases, Paper, Masonry Longwood
Dan's Art Loft Vintage Jewelry Windermere
Darland Bakery Inc.Pies, Cupcakes, Cheesecake Cups Orlando
Coconut Silver Rings, Earrings, Necklaces Orlando
Coco's K9 Kravez, LLC.Frozen Yogurts for Dogs Winter Park
Cookies and a Question Cookies, Pies Orlando
Corey Douglas Photography Photo Canvases Orlando
Cortney's Confections Various Confectionary Treats Ocoee
Crafting Together Handmade Bath and Body Products Orlando
Chocolate Moonshine Gourmet Fudge Orlando
Chris Carr Photography Various Photographs Orlando
Citrus Council - West Orange Community Girl Scout Cookies Winter Garden
Clockwork Alley Watch Parts, Jewelry Kissimmee
CloudsWeb Wool Looms, Looms in Frames Longwood
Cocoa Brothers, LLC Chocolate Bars, Squares Winter Park
Castle Greenart Glass Studio Sculptures The Villages
Cave Inn BBQ Jars of BBQ Sauce Winter Garden
Chechel's Handcrafted Sausages Handmade Sausages Clermont
Chef Rob Bee Honey Honey, Hive Products Orlando
Che Bella Cheese Lake Mary
Current list of approved vendors
Florida Taffy Inc.Florida Taffy Orlando
Font Group of America Snack Bars Oakland
Foo's Funky Donuts Mini Donuts by the Dozen Orlando
Enzo/Frappino, LLC Meatballs & Garlic Sticks Orlando
Fabu Pottery Ceramic Pottery Orlando
Fat and Happy, LLC Various Comfort Food Items Orlando
Florida Fresh Live Herbs Live Herbs, Flowers, Peppers Seffner
Faverani's Wood Work Wood Work Mount Dora
Flamingo Gourmet Popsicles Frozen Hand Made Popsicles Winter Garden
Flecha Handmade Necklaces, Earrings Winter Garden
Elaine's Old Time Market Italian Salads Kissimmee
Elayna Popwell Chocolate Dipped Bananas Windermere
Emergent Creations Garden Center Bonsai, Topiary, Dish Gardens Apopka
EMF Balloon Designs, LLC.Balloon Art Orlando
Enchanted Blossoms Flower Arrangements Mount Dora
Enzo, LLC.Ice Cream Italian Sorbet, Lasagna Ocoee
Earth Culture, LLC Locally Made, Earth Friendly Jewelry Orlando
Earthly Food Creations, LLC.Sweet Natural Candy Orlando
Earth's Love Tea Co.Herbal Tea Winter Garden
Easy Peasy, LLC Natural Veggie Blends and Powders Hallandale Beach
Ecopond of Florida Citrus Trees, Plants, Fruit Trees Clermont
Edward J Frohliche Fine Art Fine Art Winter Garden
Dixie Dawlins, LLC Sauces Kissimmee
DogGone Gourmet Treats Homemade Dog Treats Winter Park
Dolce Dolce Italian Baked Goods Orlando
Dragonfly Confections Various Confectionary Treats Altamonte Springs
Dwick Designs Handcrafted Jewelry Winter Park
E Fusion Botanicals Fresh Cut Flowers Oakland
For the Love of Olives Various Olives New Smyrna Beach
Current list of approved vendors
Gardening Together Cactus, Succulents, Plants Orlando
Gideon's Bakehouse Gourmet Cookies, Cake, Goodies Orlando
Glazed and Infused, LLC Vegan Donuts Orlando
Fruit 2 Nuts Nuts, Dried Fruit Minneola
Fudge Boys Fudge St. Petersburg
Fungi Unlimited, Inc.Various Mushrooms Orlando
Forever Lee Pearl and Leather Jewelry Winter Garden
Freedom Crafters Handmade Rings Winter Garden
Greater B Cattle and Citrus, LLC Navels, Grapefruit, Orange Trees Clermont
Green Yard Consulting Herbs and Plants Leesburg
Greenard Consulting Inc.Home Grown Vegetables Leesburg
Gourmet Salts Various Salts Eustis
Gracewood Artworks Home & Yard Décor Longwood
Graham's Original Kettle Corn Kettle Corn Eustis
Heart & 2 Souls Wooden Plaques, Décor Winter Garden
Heavenly Flan, LLC Flan Altamonte Springs
Hidden Cypress Hollow Nursery Plants Longwood
H.P.Yellow Corn Patties, Empanadas Longwood
Half Pint Creations Tooth Pocket (Fairy) Pillow Orlando
Hand Made Rustics Hand Made Signs, Quotes Orlando
Hot and Steamy New York Sandwich Co.Hot and Steamy Sandwiches Orlando
House of Incense, Oil and Jewelry Incense and Holders Sanford
How Art Thee Mosaics
Bamboo Items
Mosaic Artwork Orlando
Winter Parkibamboofarm
Lake MaryBeef Jerky, Jalapeno Pickled EggsHoly-Cow! Beef Jerky, Inc.
Honey Caramels Assorted Caramels Windermere
Horizon's Vintage Rugs and Tapestries Brooklyn, NY
Winter Garden
Sanford
Imagine Dezign
Impulse Art
Magical Light-up Pieces
Paintings and Photos
Current list of approved vendors
Sanford
Altamonte Springs
Windermere
Winter Garden
Maitland
Jackie's Bakery - DBA Baked Goods Apopka
Indians R Us
Iron Wolf Metalworking
It's Brittle!!!
It's Brittle… It's Fudge
J and G Chocolate and Tea
Jewelry, Insence, Leather
Metal Signs
Various Fudge
Old Fashioned Brittle
Chocolate Truffles
JJ Juice Co.Fresh Aloe Vera, Vitality Drinks Winter Park
JohnLeFree.com Animal Portraits and Artwork Wesley Chapel
Jordy Pordie Puddin' Pie Granola Pudding Pie Granola Orlando
Javatino Coffee Bagged Coffee Orlando
Jelly's Fruit Spreads, Parfaits Windermere
Jennseeley Art Original Acrylic Paintings Longwood
K9 Express Small Hand Made Crafts Orlando
Karin Connolly Photography Photo Pendants, Photos, Books Orlando
Kat Stanley Tutus, Tulle Skirts Orlando
Jortra Boutique Jewelry Made With Coffee, Oranges Orlando
Joyce Shelley Childrens Kitchen and Playhouse Lake Mary
JSR Ice, LLC Italian Ice Casselberry
Kombucha Boba Drinks Orlando
La Palette Inc.Fresh Fruit Popsicles Orlando
Lady Dazzle Handmade Dresses and Onesies Orlando
Kelley's Collection Burlap Pillows and Home Décor Belle Isle
Kingdom Horror Spooky Home Goods Orlando
Kings Krafts Rhinestoned Items Orlando
Latin American Boutique Head Bands, Animal Hats Tampa
Le Petit Pie Petit Pies Lake Mary
LaHaye and Associates, Inc.Lettuce Love Garden Kits Clermont
Lake Catherine Blueberries Blueberries, Jams Groveland
Lakonia Greek Products Greek Teas, Oils, Soap Saco
Current list of approved vendors
Nature's Wisdom Essential Oils and Perfumes Winter Garden
Nautical Pallet Various Artwork Ocoee
Orlando
Mr. Pickle Pickles Lake Mary
My Froot Smoothie Drinks Orlando
Natural Goodness, LLC Natural Food Products Sanford
Natural Pallet Lobster, Tuna, Fish Ocoee
Little Box Guy Stickers, Magnets, Decals Orlando
Luxe Patisserie, LLC Macarons, French Tarts Windermere
Magic Milk Island Art Sand Art Ormond Beach
Maha Sudam Handmade Jewelry Orlando
Little Chirp Designs Hand Sculpted Clay Orlando
Little Wolf Ceramics Dishes, Mugs Ocoee
Lucinda Hunley Pillows, Blankets, Quilts Longwood
Market to Table, LLC Truffle Butters, Garlics Clermont
Massimo's Pasta Fresh Pasta and Ravioli Orlando
Mathew's Hope Ministries Squash, Green Beans, Spinach Winter Garden
Mangos on a Stick Mangos on a Stick Orlando
Marcia's Home Jelly, Rum Cakes, Tarts Apopka
Mark Woods Modern Rustic Furniture Winter Park
Mexican Tamales Tamales Kissimmee
Mava Pets Organic Pet Wash Products Orlando
Max Cookies and Pastry Cookies and Pastries Orlando
Meem's Artful Inspirations Handmade Greeting Cards Mount Dora
Monsieur Monsieur Macarons Gourmet French Macarons Orlando
Morris Family Farms Produce Lake Mary
Mr. Pesto, LLC Pesto Sauce
Mobay Bakery, Inc.Curry Chicken, Jerk Chicken, Pork Orlando
Monalisa's Image Art Photo Coasters & Prints Orlando
Melatta Inc.Dessert Creams Groveland
Current list of approved vendors
Pierogi Hut Pierogis Port Royal
Peachtree Gardens Wheatgrass Cocoa
Peak Season Pops Popsicles Orlando
Pensar Africa Handmade Clothing and Accessories Maitland
Pesto Diva Pesto Sauces Orlando
Peter Dragon Southern Funk Originals Original Artwork Debary
Pierogi Bros, LLC.Handmade Pierogis Winter Park
Out & About Photography Photographic Prints Orlando
Over Rice Hawaiian/Filipino Food Altamonte Springs
Patrice Simone Patisserie Macarons Orlando
Pattee Interprises, LLC Aggie's Chip Dip Winter Garden
Patty-Cakes of Central Florida Custom Crafts, Shadow Boxes
Pau Wau Roots
Orlando
Hair Oil, Body Oil Apopka
OC Designs Handmade Wood Crafts Kissimmee
Oh No You Donut, LLC Vegan Donuts Orlando
O'Lite Bites, LLC Gourmet Chocolate Snack Bites Orlando
Olive by Danielle Olivia Leather Bracelets and Purses Orlando
Olive's Gourmet Cupcakes Cupcakes Orlando
Oralba Shoes and Bags Edgewater
Nice Work by Laz Tikis, Signage Orlando
Nisha's Flavors of India Samosas, Dips and Curries Sunrise
Not So Perfect Birdhouses Bird Houses Geneva
Nova Vision, LLC.Pure Vegan Candles Lake Mary
Nutty Crunch Nutty Crunch Heathrow
O + E Creations Various Shelving Units Orlando
Neezy Bordz Longboards and Skateboards Orlando
Nelly Foods Cookie Rolls Orlando
New Moon Juice Cold Pressed Juice Altamonte Springs
Next Level Airbrush Hand Painted Shirts, Hats, Garments Orlando
Current list of approved vendors
Seven Rivers Foods Natural Fruit Juices, Pink Lemonade Orlando
Sew Real Hand Sewn Items Orlando
Sharon's Stones Hand Painted River Rocks Orlando
Sharp Hamptons Sharpening Services Clermont
Shelby Smith Cookies, Cupcakes, Pies, Tarts Orlando
Sherry's Animal Kookies Cookies For Pets Orlando
Romeo and Juliet's Cupcakes Handmade Cupcakes Orlando
Butch Quandt Paintings Clearwater
Ruth's Creations Jewelry Orlando
Scragg Groves Fresh Fruit Juices Edgewater
Seeds Natural Market Organic Produce Winter Garden
Serif & Sans Design Co.Custom Greeting Cards Orlando
Raw Juicing Smoothies, Tonic Shots St. Cloud
Raw Whole Foods Juicing Natural Fruit and Vegetable Smoothies Kissimmee
Red Bud Landscape Plants Orlando
Repurpose Market Home Décor, Art, Lighting Auburndale
Reza Zoghi Antique China Miami
Rice Shack USA Rice Blends Daytona Beach
Pop Craft Pops Gourmet Popsicles Oviedo
Pots N Plants Clay Pottery Planter Sanford
Prairie Farm Organics Organic Soaps, Lotions Inverness
Pure Comfort, LLC.Jellies and Jams Sanford
Quintessential Quandary Seasonal Rugs Clermont
Raaw Macawl, LLC Handmade Nutrition Bars Orlando
Pixie Scrubs & Body Care, LLC Body Scrubs, Butters, Etc.Kissimmee
Pizza @ Lake Eola Pizza, Calzones, Salads Orlando
Pizzazzed Paper Paper Bead Jewelry Windermere
PJs BBQ BBQ Sauces Windermere
Pollock Works Kitchen Utinsels Clermont
Current list of approved vendors
Chocolate Dipped Bananas Longwood
Sugarcane for Sale Sugarcane Plants and Products Clermont
Sus Hi Eatstation Various Sushi Products Orlando
Sumona Photography Matted Photographic Prints Orlando
Sunshine Pens Floral Pens, Wooden Pens Longwood
Survivor Ties Kaleidoscope Orlando
Stacia Gaskins Fancy Planters Orlando
Steven Barker Wooden Wall Decorations Orlando
Sugar Bowl Creations Decorated Sugar Cookies Orlando
Sugar Rish Marshmallows Handmade Marshmallow Products Windermere
Sugarbuzz Dezert Company Cheesecake, Pie, Brownies
Smoke Showin' BBQ BBQ, Jerk Chicken, Pepper Blends Winter Park
Snyder Garden Network, Inc.Edible Fruit Plants Orlando
Soniff's Kupcakes Cupcakes Clermont
South Philly Steaks Classic Philly Cheese Steaks Orlando
Southern Alaska Seafood Fish Winter Springs
Orlando
Southern Smoked Sensations Smoked Salmon and Cheese Clermont
Spencer Cason Wooden Signs Orlando
Spice of Life Florida Pepper Sauces Dundee
Splurge- A Premium Donut Experience Premium Donuts Celebration
Sponge Candy Addiction Chocolate Sponge Candy Orlando
Sprinkles Sweets
Shifting Shadow Boxes, LLC Shadow Boxes Altamonte Spring
Simply Savory Gourmet Dips Oviedo
Sky Candy, LLC.Gourmet Cotton Candy Apopka
Sloan Made, LLC Jewelry Orlando
Smallcakes of Winter Park Cupcakes, Cookie Sandwiches Winter Park
Smart Mouth Vegan Vegan Food Items Titusville
Sweet Babs, LLC Marinade, Salad Dressings Winter Park
Sweet Baby Girl Co.Jams & Croquetas Windermere
Current list of approved vendors
Sweet Popper Kettle Korn & Lemonade Lemonade, Kettle Korn Orlando
Sweets Petit Assorted Nuts Orlando
Sweetwater Nursery Various Tomatoes Longwood
Sweet Pea Handmade Baby & Children Items Tavares
Tania Anderson Canvases Orlando
Tanya's Toasted Oats Granola Toasted Oats Granola Saint Petersburg
Tarty Glamour Flower Headbands Orlando
Tabletop Zen Gardens Zen Gardens Casselberry
Taffy Place Inc.Pallet Crafts Sanford
Tammy's Jamin'Jam Winter Garden
Terra-Cotta Garden Vases Terra-Cotta Garden Vases Winter Garden
The Angel Kale Company 40 Flavors of Kale Chips Glenwood
The Artizan Way Plants and Bonsai Winter Garden
Tea Craze Organic Loose Tea Kissimmee
Tequilaz, LLC Assorted Tacos Orlando
Terra Lura Adventure Bags Handmade Waterproof Bags Orlando
The Boomerang Shop Handmade Boomerangs Orlando
The Cookery, LLC.Pasta, Sauces, Dressings Orlando
The Crazy Apron Cookies, Clusters Clermont
The Belgian Corner Original Belgian Waffles Kissimmee
The Big Easy Cajun Food Items Winter Garden
The Bite Bakery Cookies Sanford
The Juice Bar of Winter Garden Kale Chips, Various Juices Winter Garden
The Gastropub Beer, Bar Food Items Orlando
The Hip Lion Coffee Co.Coffee Pop Lakeland
The Jolly Dogger Hot Dog, Sausages Orlando
The Deli Downtown Sandwiches and Snacks Winter Garden
The Egg Roll Company Specialty Egg Rolls Lakeland
The French Crepes, LLC French Pies and Crepes Fort Pierce
Current list of approved vendors
The Last Crumb Custom Cupcakes Ocoee
The Painted Pot Hand Painted Clay Pots Maitland
The Perfect Cut Coffee, Tea, Espresso Casselberry
The Take Home Chef Tres Amigos Salsa, Kicked Up Queso Winter Garden
The Lucky Dumpling Co.Asian Dumplings Oviedo
The Mushroom Cottage Fresh Shiitake Mushrooms Kissimmee
The Original Sauceman Sauces Orlando
Three Girls Bakery Brownie Bean Brownies Orlando
Tia Personal Chef & Caterer Plantain Chips and Salsa Leesburg
Tiki D Tiki Post Cards and Photos Longwood
The Tony Madeira Leather Leather and Rawhide Bracelets Orlando
The Whoopie Pie Guys Whoopie Pies Orlando
The Wooden Fork and Spoon Handmade Granola Orlando
Trish's Orchids Orchids Longwood
Tropical Flavors of Kauai Quickbread Loaves Clermont
Tropical Zombies Original Paintings Oviedo
Tom Levine Books Books Ocoee
Tres Longwell Fused Glassware, Pottery, Sculpture Orlando
Tressa's Treasures Baskets, Bags, Coasters Orange Park
Two Sisters Soaps & Sundries Soaps and Sundries Clermont
Ultimate Kids Overnizer Kids Overnizer (Overnight Bag)Orlando
Vela Sauce, LLC.Hot Sauce Orlando
True Naturals Essential Oil Oils, Sprays, Natural Products Longwood
Tshunart, LLC Greeting Cards, Shadow Box Art St. Cloud
Two Peas Shop Handmade Crafts Winter Garden
Wekiva Woodworks Misc. Wood Crafted Items Mount Plymouth
Wade's Natural Market Meat Altamonte Springs
Wayou Hands Mochilos Orlando
Weaves and Ko Mayo, Dressing, Sauces Oviedo
Current list of approved vendors
Winter Garden
Wonderland Specialties Organic Produce Organic Fruit, Vegetables Orlando
White Queen Tea Teas and Macarons Orlando
Whole Apothecary Clay Masks, Lip Balm, Soap Winter Park
Wicked Pepper, LLC Artisan Crafted Hot Sauce Longwood
Winter Garden Pizza Company Pizza by the Slice
Zerida's Condiments, Spices and Dressings Orlando
Wrapsody Jewelry Studio Various Jewelry Winter Garden
Yones Escavitri Paintings and Sculptures Orlando
Yum Nom Eggrolls, Spring Rolls Orlando
Wood Burning Art Plywood Wood Burning Art Orlando
WoodStone Jewelry Jewelry and Accessories Winter Garden
Worthy Cakes Push Up Cakes, Cake in a Jar Ocoee
Wait List Vendors
Business Name Product Place of Production
Acai Station Acai Bowls, juices, Empadas & Shakes Orlando
Aim to Please Designs LLC Wallets, Wristlets Wallets & Crossbody Straps Winter Garden
All Ways Sharp knife sharpener, scissor sharpener Plant City
Amanda Natural Soy Candle Company soy candles with essential oils Winter Garden
Arlene's Creation hats, scarfs, head bands, pony tales Kissimmee
Artistic Bottle Art & Pampered Hearts Soap, lotion, Spray Altoona
Authentic Empanadas Catering & Vending empanadas, back beans & white rice, tostones, picadillo, fruit infused water, lemonade Orlando
B Fabuluz handcrafted: pendants, earrings, necklaces, bracelets, jewelry boxes Winter Garden
Barbagrilla BBQ: Italian meatloaf, sandwich, pulled pork bowl, sauces Orlando
Be Happy Brigadeiros chocolate candies made with milk chocolate, white chocolate and various toppings Celebration
Bella Organics by Sacn Soy Wax Orlando
Bet's Bars Cold process bar soap, all natural bug spray, all natural sugar scrubs Orlando
BK's Amazing Hummus hummus and crackers Clermont
Black Market Ribs LLC smoked: beef brisket, chicken wrap, ribs, pulled pork sliders, boneless ribs Orlando
Bloom Hand Made Sweets strawberry dipped chocolate, editable arrangements Windermere
Body Essentials Aromatherapy shea butter, St. Cloud
Butterfly Bliss Naturals Soap, Scrubs & Lip Balm Orlando
Camelot Breads Granola Redington Beach
Candles Elegante candles, bathbombs, soaps Cocoa
Chara Naturals Inc.soaps, bath bombs, beard oils orlando
Chilli Willie's Shaved Ice Hawaiian shaved ice Orlando
Closed Eye Design LLC Macramé Products Orlando
Cocoa Brothers LLC dark chocolate bars and squares Winter Park
Confectionately Confections Cookies, Muffins, Brownies, Scones, Pound Cake & Breakfast Patries Clermont
Craft Roasters espresso based drinks, brewed coffee, muffins, various baked goods Longwood
Cristina's Doggie Dinner homemade empanadas, friend green tomatoes, cheese steak, all beef hot dogs, Italian sausage Orlando
Cyberella Shop handmade: earrings, bracelets, necklaces, chocker Ocoee
Daddy Daughter Mini Donuts mini donuts, strawberry shortcake, soda, hot chocolate Apopka
Daddy's Button Shirt Baby Pants, Dresses, Scarves, Booties, Purses, Men's Shirts, Sweaters & Wood Pouches Apopka
Debbie's Doo Dah Beach bags-totes, shell and rock collecting bags, Purses Leesburg
Defiantworm Books Florida Novels, short stories, poetry Orlando
Delicious Waffle Belgian Waffles Orlando
Diggity Dog Orlando, LLC hot dogs, sausages, chips, drinks, Italian ice Orlando
Wait List Vendors
Dixie Dharma Jackfruit meat substitute, sauces, dressings, 100% vegan Orlando
DMORALESCAFE caramel, coca-mocha, chocolate, iced coffee, hot chocolate, mocha Winter Garden
Dog-e-glow Dog leashes, collars, and harness Orlando
Doki Doki Handmade Handmade: bows, bowties necklaces, pencil cases, ribbon flowers Orlando
EB Fairfax/Frostbites Kettle Corn, Lemonade & Italian Ice Orlando
Elegant Scents Candles, Smelly Jellies, Bath Bombs, Wax Melts, Fragrance Oils & Handmade Center Piece Davenport
Emerson's Kitchen, LLC Dog treats Orlando
Emily's Kitchenaium Fudge, Cookies, Chocolate Dipped Apples, Smores, Petit Fours & Cake by the Slice Winter Garden
Excaliburone LLC hand crafted popsicles Windermere
Fat One's Hot Dogs & Italian Ice Italian Ice & Hot Dogs Orlando
Frances Cardinal Stones Jewelry, Yarn Arts Orange City
Free Raven necklace, semi-precious stone bracelets and rings Windermere
Fried Pizza Fried Pizza Orlando
Frog Song Organics Organic Fresh Products Hawthorne
Furtado's Ice Natural Fruits Winter Garden
FryBar Fried Food Orlando
Gabanaz Juice coconuts, sugar cane, pineapples, mango, lime, aloe vera, etc..Miramar
Genuine Gray Brand, LLC natural cork & stainless steel bottle pourer, biodegradable paper drinking straws Oakland
Glassdezigns Jewelry, Hand Painted Bottles & Space Painting Clermont
Glitzby Personalized engraved memory blocks. Handmade soaps, personalized bamboo soap dishes Ocoee
Gluten Free Goodies chocolate chip cookies, sugar cookies, cupcakes Winter Garden
Gomer's Woods Saw Cut Artworks Orlando
Goodebites peach cobbler bread cupcakes, cookies, banana bread, cupcake flower cups Orlando
Grey Door Company LLC.handmade sugar scrubs Orlando
Gypsy Soul Hair Accessories, fashion Accessories Orlando
Henna by Laylah henna temp tattoos, plants, drums, paintings Ocoee
Hippie Handmade anklets, necklace, candles, dinosaur plant holders Orlando
Honolulu Hot Dogs Sausage, Hot Dogs, Tropical Sauce, Chips & Water Orlando
Humble Pie Fried Pizza Orlando
Ice Surprise, LLC Ice Cream Kissimmee
Indigos Kafe Fruit smoothies, Fresh Squeezed juice, snow cones, chips, acai bowls Winter Park
It's Kettle Corn kettle and caramel corn Longwood
Iyakere Essential Oils essential oils, magnesium flakes, oil Altamonte Springs
J. Jordan Creations Paintings (Oil & Acrylic)Clermont
Wait List Vendors
Janabelle's handmade glass pendants, necklace, earrings, handmade domino earrings Hoover
Janice Torres ribbon necklaces, bracelet, ceramic hand painted fish earrings, rustic necklaces, exotic charms Clermont
Jennifer Mejia Paintings Tampa
Joyce's Italian Ice Italian ice Orlando
Just Desserts cupcakes, cake pops, muffins, cookies Ocoee
Kashaya-Live-Biotic Yogurt Yogurt & Coconut Milk Orlando
Kashmiir Cocoa Kashmiir Cocoa tea Orlando
KR Delights LLC single serve coffee syrup used as an additive to coffee to sweeten and flavor Ocoee
Lady Pimmada Handbags, Wallets & Wristlet Purses Ocoee
Lather Me LLC Soap, Bath bombs & Candles Orlando
Lectus Design Outdoor Chairs & Sofa Orlando
Lil Bitta Jersey Breakfast Sandwich, Cuban Sandwich Orlando
Little Chirp Designs Decorated Mason Jars, Shadowboxes, Bookmarks & Ornaments Orlando
Lixology DBA of GS Technologies Healing Ointment, Bone Balm, Foot Scrub, Mask & Eye Serum Lake Mary
Lollipop Face Painting face painting Clermont
Lornas Homemade homemade soaps, pet soap, bath bombs, candles Orlando
Love Bus Italian Ice Italian Ice Winter Park
LovJuice Organic Cold pressed Juices Orlando
Lutfiye Okatar Turkish pie Orlando
Maggie Yuan dumplings, cheese stewed beef, handmade beads and bracelets Windemere
Make Me That doll clothes, some child sized costumes, future items: dog clothes Grand Island
Manna International Street Food samosas, chapatti rolls, spiced rice w/ goat meat, cassava and sweet potato fries Oviedo
Maria Camarillo Designs LLC Girl's bows and head bands Winter Garden
Martha Mabel's Confections Cookies, Cakes, Cupcakes, Fudge, Brownies & Pies St. Cloud
McKinley Unique Flavors and More, LLC Buttercream cupcake, pound cake Winter Garden
Megan Mac Gregor Commissioned pet portraits Orlando
Middle Eastern Deli pistachio, walnut, nuts Orlando
Mimi Machado Collection Venezuelan Sauce, Break, Cake & Drink Windermere
Naga Accessories handmade necklaces, bracelets, bag, earrings Kissimmee
Nancy's Quilt Shop Bead, Wood, Glass, Fabric Necklaces & Earrings Winter Garden
Nessa Event Planning/ Nessa Food Chicken N' Waffles, Meatball Sliders, Buffalo chicken quesadillas, burrito nachos Winter Garden
New Motion Massage Therapy Chair massages Orlando
Noo Cow bucket churned: dairy free gelato, fruit sorbets, handmade Italian soda, gelato pops Longwood
Norman Catering & Concession BBQ: pork ribs, sandwiches Apopka
Wait List Vendors
O'R Juice natural fruits and vegetables, juice and fruit cups Winter Garden
Orlando Farms Whole chicken, Eggs, Chicken feet dog treats Orlando
P. Bella acrylic & wood painted earings Necklace: acrylic Winter Garden
Parichat Anantravanich summer rolls, spring rolls, crab ragoons,curry puff Orlando
Patty Bakes Homemade Baked Goods Apopka
Pea Pod Pierogi Company Authentic homemade pierogis Ocoee
Phoenix Acupuncture & Holistic Clinic Chair massages Winter Garden
Pistachios Pistachio Brownies, Cookies, Cake pops, Macaroons, Cakes & Cookies Clermont
Pogona Baking Company Cupcakes, cake slices, cookies, cookie cut outs Winter Park
Popz Red Bones Brazilian style grill: skewers, gaucho style cuisine Meritt Island
Pray. Love. Shop vinyl personalized decals of "praying" people, general handcrafted inspirational art Oakland
R & B Organics Organic Vegetables, squash, lettuce Melbourne
Rafiki natural Skincare LLC.handcrafted body soaps, lip balm Orlando
Restaurant on Wheels mini donuts, twisted taters, tacos, chicken fingers, fries, lemonades, drinks Kissimmee
Revel Artist fine art painting Oviedo
Reverse Glass by Gail Hand Painted Glasses & Art Gainesville
Rey's Cafecito Cubano Cuban Espresso Winter Garden
Rico Rio Brazilian cheese bread, mazorcas de maiz, original Brazilian coffee Orlando
RuneRelix essential oils, Oviedo
Samuel Silva Machado three milks cake ( tres leches)Orlando
Sandra Barboza Pork Roll & cheese Pork roll, hamburgers, spiral fries Orlando
Scary Mary's Nicer Ices assorted Sundays and ice cream cones
Serenity's Sweet Cupcakes Cupcakes Orlando
Shea Organics 7 body rejuvenation, veins solution, Daytona Beach
Shoup Group cotton candy, candy apple, caramel apple, popcorn, sno cones, lemonade Oakland
Simply Squeezed Olde Fashioned Lemonade Inc.hand squeezed lemonades Tampa
SIPS teas, cups and saucers, note cards, tea themed items (shirts, blankets)Apopka
Slay Dogs, LLC hot dogs, fresh squeezed lemonade Haines
Smokin Hot Diner pulled pork, empanadas, cheese steak, FF, Orlando
Snow from Zion Shaved ice w/ natural flavors, shaved ice with stevia, bottled water Winter Garden
Southern Alaska Seafood King salmon, Coho salmon, Black cod, Rock fish, smokes salmon, Albacore tuna, halibut Winter Springs
Southern Delights of Central Florida crème cheese pund cake, pecan pralines, hummingbird cake, Mississippi cake Apopka
Sparkly Life apparel, tee shirts, headbands, aprons Orlando
Splash Tropical Fruits Salpicon de frutas: traditional Colombian fruit dessert Orlando
Wait List Vendors
Spring Grass Accessories Grass Jewelry, Accessories, Baskets & Bowls Windermere
Style Empress crossover bags, purses, watches, accessories, shoulder bags Longwood
Suga & Spice by D cupcakes, banana chocolate chip walnut loaf, hot cocoa cupcake, smore's cupcakes, brownies Ocoee
Sugar Loft Bake Shop Gourmet cupcakes, vegan and gluten free cupcakes, cookies Orlando
Sugar Top Farms Produce, flowers, herbs Clermont
Sweet - Tooth Paties Pastries, Cookies, Brownies & Smores Apopka
Sweet & Love Cakes in a jar, Brigadeiro, Cakes Winter Garden
Sweet Amore Creations chocolate truffles, filling jars Windermere
Sweet City Gelato handcrafted gelato and sorbet, scratch made Italian-inspired cake loaves Oviedo
Sweets Petit carrot cake, pb & J cookie bites Orlando
Tammy Thompson slider sized sandwiches Ft. Myers
TastyLemon Lemonades, juices Orlando
Tea by the Sea Caribbean style gourmet Snacks, popcorn, nuts, dehydrated candies, sweet dough..etc Orlando
Tera Soma Organics Organic Bees Wax Candles, Oil & Milk Soaps & Butters Leesburg
Terra Lura Adventure Bags Handmade waterproof waxed canvas bags, fabric bags and pouches Orlando
The Butcher's Pantry LLC Cured, Smoke sausages meats, Altamonte Springs
The Food Room Rubs, Cookies, Muffins & Granola Orlando
The Italian Cookie Italian Cookies Winter Park
The Swiss Baker and Gourmet Foods organic non GMO breads: Australian, French, German breads. Pastries. New Smyrna
The Wandering Wonton Asian treats and meals Orlando
The White Bulldog dog treats, bagged treats, grain-free treats, cat treats Davenport
The Wooden Fork and Spoon LLC Granola Orlando
Three Girls Bakery black bean brownie, red velvet beet cupcake, quinoa chocolate chip cookies, other baked goods Oviedo
Three Roosters Thai spring rolls, curry puff pastries, fresh summer rolls Winter Garden
Tico Foods, LLC Scabeche: homemade sauce for meats (family recipe)Orlando
Tigger's Treats LLC.Homemade dog treats Orlando
Tampa's Best Dog Treat's & Chews crunchy chicken strips, liver fillets, sweet potato chews, pumpkin and peanut butter squares Tampa
Tori's Closet vintage & designer resale Winter Park
Tough Cookies Bakery, LLC protein packed cookie balls, cookies Orlando
Tree Zen homemade granola bars, organic coffee and tea Winter Garden
Truth Becomes Us, LLC Body Butters, Lotion, Sunscreen, Scrubs, Toothpaste, Household Cleaners & Bug Repellent Lady Lake
Tuts & Tiks bracelets, earrings, necklaces, purses Orlando
Twinkle Twinkle Boutique Gemstone Jewelry, therapeutic bath salts, smudge sticks, incense, handmade dolls, divination Winter Garden
Under the Sea (Touch of Florida)Salt Scrubs, Lotions & Organic Skin Oils Windermere
Wait List Vendors
Vallega Chocolatier Chocolate truffles Altamonte Springs
Vanessa Perez tequenos and Venezuelan snacks Windermere
Villageneedler Girls Dresses, Hats, Necklaces, Hair Accessories & Boys Outfits Clermont
Wild Bear Coffee serve coffee drinks & sell coffee drinks to make at home Eustis
Winter Garden Honey Company Honey Winter Garden
Wait List Vendors
Wait List Vendors
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3989
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 5.3
SUBJECT/RECOMMENDATION:
Approve purchase orders to Sunbelt Sod and Grading Company Inc. of Ruskin, Florida and
Tom’s Sod Service Inc. of Clearwater, Florida, for sod and sod installation services in the total
annual amount of $300,000, and two one-year renewal terms at the City's option and authorize
the appropriate officials to execute same.
SUMMARY:
Staff is requesting approval of annual purchase orders for sod and sod installation services to
the two vendors who responded to Invitation to Bid 38-17R; Sunbelt Sod & Grading Company
Inc. and Tom’s Sod Service Inc. Sod installation services include delivery, grading, staking,
rolling and installation of various types of sod including Bahia, St. Augustine Floratam, Tifway
419 Bermuda, Celebration Bermuda and Latitude 36 Bermuda.
Staff is requesting the award of contracts to both vendors in an effort to be able to obtain the
necessary sod within project timeframes. Often one vendor may not have the sod needed due
to weather circumstances or scheduling conflicts.
The Parks Department will use Sunbelt Sod & Grading Company Inc as the primary vendor.
Sunbelt was the low bid for all items with the exception of Latitude 36 Bermuda which they did
not bid. Tom’s Sod will supply all of the Latitude 36 Bermuda sod. If Sunbelt Sod & Grading
Company cannot supply sod in a timely manner the City may use Tom’s Sod for the other bid
items.
These contracts will be used for many maintenance projects and capital improvement projects
in the Parks and Recreation Department. In addition it can be used by other city departments
that might need sod work done during the year.
APPROPRIATION CODE AND AMOUNT:
Funding for these contracts will come from a variety of general fund cost centers but primarily
from projects, parks and athletic codes as well as various Capital Improvement Project codes.
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 10/27/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3982
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 6.1
SUBJECT/RECOMMENDATION:
Approve acceptance of University of South Florida Board of Trustees, a public body corporate
for the University of South Florida’s Center for Urban Transportation Research (University),
High Visibility Enforcement (HVE) for Pedestrian and Bicycle Safety Grant Award in the amount
of $50,000 for police overtime, establish special program 181-99219, 2017 HVE Pedestrian and
Bicycle Safety, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On June 30, 2017, Clearwater Police Department (CPD) was granted approval by the
Resource Management Committee to submit a grant application under the state HVE program
to continue its grant-funded pedestrian and bicycle safety project. The grant has been officially
awarded in the amount of $50,000 and CPD now seeks approval to accept it.
CPD has conducted four grant-funded comprehensive enforcement/education projects since
March 2014 aimed at changing the behavior of all who use Clearwater’s roadways -
pedestrians, bicyclists, and motorists. Due to the success of the previous projects, the
University would like to see Clearwater continue to build upon what it has already
accomplished.
CPD will again carefully select a pool of patrol officers/sergeants for this project who have
demonstrated a sincere interest and affinity for traffic, bicycle and pedestrian enforcement.
The details will be worked by this select group of officers, focusing on those areas with a high
volume of crashes compared to other parts of the city, have a high volume of pedestrian traffic,
or both.
Details will be three hours long with four officers per detail, for a total of 63 details. The project
period will commence within 30 days of issuance of a purchase order by the grantor agency
and will end on or before May 17, 2018.
As with the previous grants, selected officers will receive specific training on traffic
enforcement and educational opportunities with the public prior to implementation of the project.
CPD will also work closely with the University during the project period to ensure accurate data
collection and to advise of any problems or successes that are accomplished.
CPD will continue to get the word out about the project through a variety of means. CPD’s
Public Information Officer (PIO) has done an outstanding job in working with local media
sources to promote project activities and to further spread the message about pedestrian and
bicycle safety and will continue to do so. The PIO will also update the public on the project by
way of the department’s Facebook page, which he successfully utilizes on a regular basis to
Page 1 City of Clearwater Printed on 10/27/2017
File Number: ID#17-3982
inform the public about project activities and successes.
There will be no direct adverse impact to the Police Department annual operating budget nor is
there a required match.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will establish special program 181-99219, 2017 HVE
Pedestrian and Bicycle Safety, recognizing a budget increase of $50,000 grant to account for
grant expenditures.
Page 2 City of Clearwater Printed on 10/27/2017
APPROVE ACCEPTENCE OF THE PEDESTRIAN AND BICYCLE SAFETY GRANT
2017-2018
Countersigned: CITY OF CLEARWATER, FLORIDA
___________________________By:__________________________
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form: Attest:
___________________________________________________________
Matthew Smith Rosemarie Call
Assistant City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3901
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Approve Two Quiet Zone Stipulation of Parties Agreements (SOP) for the Closure of the
Railroad Crossing at Hendricks Street at East Avenue and the Closure of the Railroad Crossing
at Grove Street at East Avenue and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
October 13, 2014, City Council directed traffic operations staff to pursue a Quiet Zone along
East Avenue from Drew Street to Lakeview Road.
April 21, 2016, City Council approved the appropriation of funds to CSX Transportation for
Supplementary Safety Measures to be installed at Pinellas Street and the Railroad.
The final stage to implement the Quiet Zone is closing two railroad crossings at Hendricks
Street and East Avenue and Grove Street and East Avenue
Closures will require an SOP between CSX Transportation, City of Clearwater and the Florida
Department of Transportation (FDOT) for each closure.
Closures will be completed, in accordance with FDOT standards consisting of the installation
of guardrail, end of roadway markers and dead end signage. Additionally, the railroad
crossbucks will be removed as well as the advanced railroad warning signs.
Manual Uniform Traffic Control Devices standard warning signs W10-9 “No Train Horn” will be
installed on the other crossings located in the Quiet Zone boundary of Drew Street to Lakeview
Road once this agreement is executed by all three parties in preparation for the execution of the
Quiet Zone.
June 19, 2017, a public meeting was held in the City Main Library from 4:30 PM to 6:00 PM.
This meeting was advertised to all affected property owners to inform of these agreements.
The traffic control signs and railroad crossing closures will be installed and maintained by the
Traffic Operations Division of Engineering.
Page 1 City of Clearwater Printed on 10/27/2017
Exhibit E
RESOLUTION NO. 17- 35
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
APPROVING THE CLOSURE OF TWO RAILROAD CROSSINGS ON
PUBLIC STREETS TO MEET THE REQUIREMENTS FOR THE
ESTABLISHMENT OF A RAILROAD QUIET ZONE;CLOSING
HENDRICKS STREET AT EAST AVENUE; CLOSING GROVE STREET
AT EAST AVENUE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Clearwater directed the traffic operations staff on
October 13, 2014 to pursue a Quiet Zone along East Avenue from Drew Street to Lakeview Road
following the proper processes under law; and
WHEREAS, the City Council approved on April 21, 2016 the appropriation of $374,644.00 to
CSX Transportation for Supplementary Safety Measures (SSM) to be installed at Pinellas Street and
the Railroad in furtherance of the establishment of a Quiet Zone; and
WHEREAS, the City Council now wishes to implement the final stage of the Quiet Zone by
closing two railroad crossings pursuant to City Code § 28.05 at Hendricks Street and East Avenue,
and at Grove Street and East Avenue;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Council of the City of Clearwater directs the closure of two railroad
crossings located at Hendricks Street and East Avenue, and at Grove Street and East Avenue.
Section 2. The City Clerk is directed to provide copies of this resolution to the staffs of CSX
Transportation and FDOT officials as is directed by the City Council.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 2017.
____________________________ ________________________
George N. Cretekos William B. Horne, II
Mayor City Manager
Approved as to form: Attest:
_______________________________________________________
Camilo Soto Rosemarie Call
Assistant City Attorney City Clerk
SOP 626812M CLOSURE Page 1 of 4 August 31, 2017
STIPULATION OF PARTIES FOR THE CLOSURE OF THE
CSX RAILROAD-HIGHWAY GRADE CROSSING,
GROVE STREET CROSSING NUMBER 626812M,
CLEARWATER, FLORIDA
The City of Clearwater (CITY), CSX (RAILROAD), and Florida Department of
Transportation (DEPARTMENT) by and through their undersigned representatives enter into
this Stipulation of Parties and agree to the following conditions:
1. The CITY has filed an application with the DEPARTMENT for a permit to close a public
railroad-highway grade crossing, pursuant to Section 335.141(1), Florida Statutes (F.S.) and
Rule 14-57.012, Florida Administrative Code (F.A.C.), attached as EXHIBIT "A."
2. The public railroad-highway grade crossing, Crossing Number 626812M, (hereinafter
“the crossing”) is located at Railroad Milepost SY874.52, Grove Street, Clearwater, Florida, as
shown on the map, attached as EXHIBIT “B.”
3. The railroad tracks at the crossing location are classified as a main line with one through
train and two switching trains per day, traveling at a maximum speed of ten miles per hour.
4. Grove Street is a one-lane, local road.
5. The City is applying the closure of Grove Street toward the requirements for the
establishment of a Quiet Zone. The Quiet Zone application is included in Exhibit A.
6. The RAILROAD will notify the CITY a minimum of 72 hours prior to starting any work
related to the closing of the crossing.
7. The RAILROAD, at the CITY’S expense, will remove all evidence of the crossing and
restore the RAILROAD right-of-way. The RAILROAD is responsible for removing all crossing
warning signs, roadway pavement, and all crossing debris inside the RAILROAD’S right-of-way.
8. Prior to the start of the crossing’s closure, the CITY, at the CITY’S expense, shall
provide road closure notification and maintenance of traffic, and will erect, on each side of the
SOP 626812M CLOSURE Page 2 of 4 August 31, 2017
crossing, permanent closure signs, dead end signs and object markers as identified in the
DEPARTMENT’S Standard Index 17349 and shown in Exhibit “C”.
9. All work by the RAILROAD, DEPARTMENT, or CITY will be in compliance with the
current Manual of Uniform Traffic Control Devices, incorporated by reference in Rule 14-15.010,
F.A.C., the American Association of State Highway and Transportation Officials (AASHTO)
Policy, and the DEPARTMENT’S current Manual of Uniform Minimum Standards for Design,
Construction, and Maintenance for Streets and Highways (Florida’s Green Book), incorporated
by reference in Rule 14-15.002, F.A.C, and any applicable City requirements. Notwithstanding
the foregoing, no CITY work will occur within the railroad-highway grade crossing area for this
project.
10. All work by the RAILROAD or CITY, within the railroad-highway grade crossing area, will
be in accordance with all applicable railroad requirements, such as flagging, insurance, etc.
Notwithstanding the foregoing, no CITY work will occur within the railroad-highway grade
crossing area for this project.
11. The RAILROAD will provide the DEPARTMENT’S District Seven Rail Coordinator with
the scheduled date of work and the project completion date.
12. The RAILROAD will provide the DEPARTMENT’S Opening and Closure Program
Coordinator in Central Office with the project completion date and a completed U.S. DOT
Crossing Inventory form identifying the updated crossing status as closed, as attached in
EXHIBIT “D”.
13. This Stipulation of Parties has been executed by all parties having an interest in this
matter. The RAILROAD and CITY waive the right to request an administrative hearing, provided
by Chapter 120, F.S., relating to the closure of the crossing by execution of this Stipulation of
Parties. Upon compliance with the terms of this Stipulation of Parties, DEPARTMENT, CITY
SOP 626812M CLOSURE Page 3 of 4 August 31, 2017
AND RAILROAD agree that the Grove Street railroad-highway grade crossing of RAILROAD
covered under this Agreement (being the railroad-highway crossing described in Section 2
above) shall be thereafter in fact be a closed railroad-highway grade crossing, in accordance
with CITY Resolution 17-35.
14. The terms of this Stipulation of Parties may not be changed, waived, discharged or
terminated orally, but only by an instrument or instruments in writing, signed by RAILROAD,
CITY, and the DEPARTMENT.
15. Any failure of any party to insist upon the strict performance of any terms or provisions of
this Stipulation of Parties shall in no way constitute a waiver of future violations of the same or
any other term or provision of this Stipulation.
16. This Stipulation of Parties is governed by, and shall be interpreted and construed in
accordance with, the laws of the State of Florida.
17. The DEPARTMENT authorizes the closure of the Grove Street railroad-highway at-
grade crossing 626812M as evidenced by the execution of this Stipulation of Parties, provided
that all conditions of the Stipulation are met, the removal of the crossing surface and signs are
completed within twenty-four (24) months of the execution, and the completed closure project is
inspected and approved by the DEPARTMENT.
(THIS CONCLUDES THE BODY OF THIS STIPULATION OF PARTIES)
SOP 626812M CLOSURE Page 4 of 4 August 31, 2017
CSX – RAILROAD
By: _________________________________ Date: ______________________
(Authorized Signature)
Printed Name: __________________________
Title: __________________________________
CITY OF CLEARWATER, FLORIDA,
A municipal corporation and
political subdivision of the State of Florida
____________________________ ______________________________
George N. Cretekos William B. Horne, II
Mayor City Manager
Approved as to form: Attest:
_______________________________________________________
Camilo Soto Rosemarie Call
Assistant City Attorney City Clerk
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:_______________________________Date: ________________________
Freight, Logistics and Passenger Operations Administrator
DEPARTMENT OF TRANSPORTATION
LEGAL REVIEW
By:________________________________Date: _______________________
Attorney, FDOT
SOP 626811F CLOSURE Page 1 of 4 August 31, 2017
STIPULATION OF PARTIES FOR THE CLOSURE OF THE
CSX RAILROAD-HIGHWAY GRADE CROSSING,
HENDRICKS STREET CROSSING NUMBER 626811FM,
CLEARWATER, FLORIDA
The City of Clearwater (CITY), CSX (RAILROAD), and Florida Department of
Transportation (DEPARTMENT) by and through their undersigned representatives enter into
this Stipulation of Parties and agree to the following conditions:
1. The CITY has filed an application with the DEPARTMENT for a permit to close a public
railroad-highway grade crossing, pursuant to Section 335.141(1), Florida Statutes (F.S.) and
Rule 14-57.012, Florida Administrative Code (F.A.C.), attached as EXHIBIT "A."
2. The public railroad-highway grade crossing, Crossing Number 626811F, (hereinafter
“the crossing”) is located at Railroad Milepost SY874.55, Hendricks Street, Clearwater, Florida,
as shown on the map, attached as EXHIBIT “B.”
3. The railroad tracks at the crossing location are classified as a main line with one through
train and two switching trains per day, traveling at a maximum speed of ten miles per hour.
4. Hendricks Street is a two-lane, local road.
5. The City is applying the closure of Hendricks Street toward the requirements for the
establishment of a Quiet Zone. The Quiet Zone application is included in Exhibit A.
6. The RAILROAD will notify the CITY a minimum of 72 hours prior to starting any work
related to the closing of the crossing.
7. The RAILROAD, at the CITY’S expense, will remove all evidence of the crossing and
restore the RAILROAD right-of-way. The RAILROAD is responsible for removing all crossing
warning devices, warning signs, roadway pavement, and all crossing debris inside the
RAILROAD’S right-of-way.
8. Prior to the start of the crossing’s closure, the CITY, at the CITY’S expense, shall
SOP 626811F CLOSURE Page 2 of 4 August 31, 2017
provide road closure notification and maintenance of traffic, and will erect, on each side of the
crossing, permanent closure signs, dead end signs and object markers as identified in the
DEPARTMENT’S Standard Index 17349 and shown in Exhibit “C”.
9. All work by the RAILROAD, DEPARTMENT, or CITY will be in compliance with the
current Manual of Uniform Traffic Control Devices, incorporated by reference in Rule 14-15.010,
F.A.C., the American Association of State Highway and Transportation Officials (AASHTO)
Policy, and the DEPARTMENT’S current Manual of Uniform Minimum Standards for Design,
Construction, and Maintenance for Streets and Highways (Florida’s Green Book), incorporated
by reference in Rule 14-15.002, F.A.C, and any applicable City requirements. Notwithstanding
the foregoing, no CITY work will occur within the railroad-highway grade crossing area for this
project.
10. All work by the RAILROAD or CITY, within the railroad-highway grade crossing area, will
be in accordance with all applicable railroad requirements, such as flagging, insurance, etc.
Notwithstanding the foregoing, no CITY work will occur within the railroad-highway grade
crossing area for this project.
11. The RAILROAD will provide the DEPARTMENT’S District Seven Rail Coordinator with
the scheduled date of work and the project completion date.
12. The RAILROAD will provide the DEPARTMENT’S Opening and Closure Program
Coordinator in Central Office with the project completion date and a completed U.S. DOT
Crossing Inventory form identifying the updated crossing status as closed, as attached in
EXHIBIT “D”.
13. This Stipulation of Parties has been executed by all parties having an interest in this
matter. The RAILROAD and CITY waive the right to request an administrative hearing, provided
by Chapter 120, F.S., relating to the closure of the crossing by execution of this Stipulation of
SOP 626811F CLOSURE Page 3 of 4 August 31, 2017
Parties. Upon compliance with the terms of this Stipulation of Parties, DEPARTMENT, CITY
AND RAILROAD agree that the Henrdicks Street railroad-highway grade crossing of
RAILROAD covered under this Agreement (being the railroad-highway crossing described in
Section 2 above) shall be thereafter in fact be a closed railroad-highway grade crossing, in
accordance with CITY Resolution 17-35.
14. The terms of this Stipulation of Parties may not be changed, waived, discharged or
terminated orally, but only by an instrument or instruments in writing, signed by RAILROAD,
CITY, and the DEPARTMENT.
15. Any failure of any party to insist upon the strict performance of any terms or provisions of
this Stipulation of Parties shall in no way constitute a waiver of future violations of the same or
any other term or provision of this Stipulation.
16. This Stipulation of Parties is governed by, and shall be interpreted and construed in
accordance with, the laws of the State of Florida.
17. The DEPARTMENT authorizes the closure of the Hendricks Street railroad-highway at-
grade crossing 626811F as evidenced by the execution of this Stipulation of Parties, provided
that all conditions of the Stipulation are met, the removal of the crossing surface and signs are
completed within twenty-four (24) months of the execution, and the completed closure project is
inspected and approved by the DEPARTMENT.
(THIS CONCLUDES THE BODY OF THIS STIPULATION OF PARTIES)
SOP 626811F CLOSURE Page 4 of 4 August 31, 2017
CSX – RAILROAD
By: _________________________________ Date: ______________________
(Authorized Signature)
Printed Name: __________________________
Title: __________________________________
CITY OF CLEARWATER, FLORIDA,
A municipal corporation and
political subdivision of the State of Florida
____________________________ ______________________________
George N. Cretekos William B. Horne, II
Mayor City Manager
Approved as to form: Attest:
_______________________________________________________
Camilo Soto Rosemarie Call
Assistant City Attorney City Clerk
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:_______________________________Date: ________________________
Freight, Logistics and Passenger Operations Administrator
DEPARTMENT OF TRANSPORTATION
LEGAL REVIEW
By:________________________________Date: _______________________
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 17-35
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: ResolutionIn Control: Engineering Department
Agenda Number: 7.2
SUBJECT/RECOMMENDATION:
Approve the closure of two railroad crossings on public streets to meet the requirements for the
establishment of a railroad quiet zone and adopt Resolution 17-35
SUMMARY:
City Council directed the traffic operations staff on October 13, 2014 to pursue a Quiet Zone
along East Avenue from Drew Street to Lakeview Road. City Council approved on April 21,
2016 the appropriation of $374,644.00 to CSX Transportation for Supplementary Safety
Measures (SSM) to be installed at Pinellas Street and the Railroad in furtherance of the
establishment of a Quiet Zone. This Resolution will approve the closure of Hendricks Street at
East Avenue, and will close Grove Street at East Avenue. The city is required to close these
two railroad crossings in order to complete the final stage of the quiet zone.
Page 1 City of Clearwater Printed on 10/27/2017
Exhibit E
RESOLUTION NO. 17- 35
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
APPROVING THE CLOSURE OF TWO RAILROAD CROSSINGS ON
PUBLIC STREETS TO MEET THE REQUIREMENTS FOR THE
ESTABLISHMENT OF A RAILROAD QUIET ZONE;CLOSING
HENDRICKS STREET AT EAST AVENUE; CLOSING GROVE STREET
AT EAST AVENUE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Clearwater directed the traffic operations staff on
October 13, 2014 to pursue a Quiet Zone along East Avenue from Drew Street to Lakeview Road
following the proper processes under law; and
WHEREAS, the City Council approved on April 21, 2016 the appropriation of $374,644.00 to
CSX Transportation for Supplementary Safety Measures (SSM) to be installed at Pinellas Street and
the Railroad in furtherance of the establishment of a Quiet Zone; and
WHEREAS, the City Council now wishes to implement the final stage of the Quiet Zone by
closing two railroad crossings pursuant to City Code § 28.05 at Hendricks Street and East Avenue,
and at Grove Street and East Avenue;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Council of the City of Clearwater directs the closure of two railroad
crossings located at Hendricks Street and East Avenue, and at Grove Street and East Avenue.
Section 2. The City Clerk is directed to provide copies of this resolution to the staffs of CSX
Transportation and FDOT officials as is directed by the City Council.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 2017.
____________________________ ________________________
George N. Cretekos William B. Horne, II
Mayor City Manager
Approved as to form: Attest:
_______________________________________________________
Camilo Soto Rosemarie Call
Assistant City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3974
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.3
SUBJECT/RECOMMENDATION:
Approve Amendment 1 of Southwest Florida Water Management District (SWFWMD)
Agreement N602 for East Gateway Stormwater and Sanitary Sewer Improvements Project
(13-0043-EN) extending the agreement to February 28, 2019 and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
February 19, 2015, City Council approved a SWFWMD grant funding agreement for 50% of
Stormwater costs up to a maximum of $1,750,000.
Amendment 1 of SWFWMD Agreement N602 for East Gateway Stormwater and Sanitary
Sewer Improvements Project (13-0043-EN) extends the expiration date from May 31, 2018 to
February 28, 2019.
The East Gateway Stormwater and Sanitary Sewer Improvements Project will replace
stormwater, potable, sanitary systems and reconstruct the associated roadways.
The East Gateway Stormwater and Sanitary Sewer Improvement Projects are under
construction and have had a few delays. This extension of the agreement will allow the City to
receive reimbursement throughout the end of construction and there are no costs associated
with the extension of this agreement.
The City of Clearwater’s Stormwater Maintenance Department is responsible for owning,
operating, and maintaining the stormwater infrastructure. The City of Clearwater’s Public
Utilities Department is responsible for owning, operating, and maintaining the potable water and
sanitary sewer infrastructure. The City Engineering Department is responsible for maintaining
roadways.
Page 1 City of Clearwater Printed on 10/27/2017
Page 1 of 3
AGREEMENT NO. 15C00000022
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
EAST GATEWAY STORMWATER IMPROVEMENT AREA (N602)
This FIRST AMENDMENT effective upon execution by both parties, by and between the
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the
State of Florida, whose address is 2379 Broad Street, Brooksville, Florida 34604-6899,
hereinafter referred to as the "DISTRICT," and CITY OF CLEARWATER, a municipal
corporation of the State of Florida, whose address is 112 Osceola Avenue, Clearwater,
Florida 33756, hereinafter referred to as the "COOPERATOR."
WITNESSETH:
WHEREAS, the DISTRICT and the COOPERATOR entered into an agreement effective
October 1, 2014 (Agreement No. 15C00000022) hereinafter referred to as the “Existing
Agreement” for design, permitting, and construction of nutrient separating baffle boxes and
additional stormwater infrastructure necessary to transport runoff to provide water quality
benefits for an area that currently receives no treatment, and to alleviate street flooding,
hereinafter referred to as the "PROJECT"; and
WHEREAS, the parties hereto wish to amend the Existing Agreement to
extend the contract period and modify the Project Schedule,
update contract language applicable to the DISTRICT’S cooperatively funded projects,
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions
contained herein, the parties hereby mutually agree to amend the Existing Agreement as
follows:
1.The Project Contacts and Notices Paragraph is hereby amended to replace the
COOPERATOR’S Project Manager with Jennifer W. Shannon, P.E.
2.The Contract Period Paragraph is hereby amended to extend the expiration date of May
31, 2018 to February 28, 2019.
3.New Paragraph 29, Discrimination, is hereby added as follows:
29. DISCRIMINATION. Pursuant to Subsection 287.134(2)(a), F.S., an entity or
affiliate who has been placed on the discriminatory vendor list may not submit a
bid, proposal, or reply on a contract to provide any goods or services to a public
entity; may not submit a bid, proposal, or reply on a contract with a public entity for
the construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity; may not be
Page 2 of 3
awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity; and may not transact business with any
public entity. The COOPERATOR agrees to include this provision in all contracts
issued as a result of this Agreement.
4.The Performance Schedule section set forth in Exhibit “A” is hereby replaced in its
entirety with the following:
DESCRIPTION DATE
Start Design and Permitting February 2, 2015
30% Design Complete May 31, 2015
60% Design Complete October 31, 2015
90% Design Complete March 31, 2016
Complete Design & Permitting July 31, 2016
Advertise Project August 31, 2016
Bidding and Contractor Selection Complete December 9, 2016
Start Construction March 27, 2017
Finish Construction October 31, 2018
Record Drawings Complete November 30, 2018
5.The terms, covenants and conditions set forth in the Existing Agreement that have not
been specifically amended herein, will continue in existence, are hereby ratified,
approved and confirmed, and will remain binding upon the parties hereto.
The remainder of this page intentionally left blank.
Page 3 of 3
IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed
this FIRST AMENDMENT on the day and year set forth next to their signatures below.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By: ______________________________________________
Amanda Rice, P.E.Date
Assistant Executive Director
CITY OF CLEARWATER
By:_____________________________________________
George N. Cretekos, Mayor Date
By:_____________________________________
William B. Horne II, City Manager Date
Approved as to form:Attest:
_________________________________________________
Camilo A. Soto Rosemarie Call
Assistant City Attorney City Clerk
FIRST AMENDMENT (CFI Type Number)
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
EAST GATEWAY STORMWATER IMPROVEMENT AREA (N602)
DISTRICT APPROVAL INITIALS DATE
LEGAL _________ _________
RISK MGMT _________ _________
CONTRACTS _________ _________
BUREAU CHIEF _________ _________
DIRECTOR _________ _________
GOVERNING BOARD _________ _________
COURT ST
CLEVELAND ST
PARK ST
FRANKLIN ST
S LINCOLN AVES MISSOURI AVES SAN REMO AVES HILLCREST AVES HIGHLAND AVEGULF TO BAY BLVD
TURNER ST
DE LEON ST
ROGERS ST
LAURA ST
SANTA ROSA ST SAN JUAN CT
PIERCE STWAV
ERL
Y WAYN FRANKLIN CIRS FREDRICA AVES LADY MARY DRAVANDA CTS FRANKLIN CIRN SAN REMO AVEEVERGREEN PLS EVERGREEN AVEPARK ST
S BETTY LNROGERS ST
PIERCE ST
S BETTY LNFRANKLIN ST
13-0043-EN EAST GATEWAY STORMWATER &SANITARY SEWER IMPROVEMENTS
/
Pavement Resurfacing
Utility Improvements
Stormwater Improvements
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3978
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.4
SUBJECT/RECOMMENDATION:
Approve a Joint Project Agreement with Pinellas County for utility installation by roadway
contractor for the Sunset Point at Betty Lane Utility Relocation Project with the estimated
amount of $402,948.00 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Pinellas County intends to improve their stormwater system on Sunset Point Road from
Douglas Avenue to Kings Highway. Construction is currently scheduled to begin in March 2018
with completion anticipated in October 2018. This construction will require the relocation of the
City’s potable water mains that conflict with the proposed improvements.
Pinellas County will receive competitive bids for their stormwater system improvements project
and make award to the low bidder. Pinellas County’s engineer estimate for the City of
Clearwater’s portion of utility relocation is $402,948; however, the final costs will be determined
by the contractor’s bid. The City will be advised of the actual contract bid costs and be given
the opportunity to reject the bid if they are deemed excessive.
APPROPRIATION CODE AND AMOUNT:
327-96634-563800-535-000-0000 $ 402,948.00
Sufficient funding is available in Renewal & Replacement Project 0327-96634, Sanitary Utility
Relocation to fund $ 402,948.00
Page 1 City of Clearwater Printed on 10/27/2017
JOINT PROJECT AGREEMENT
UTILITY INSTALLATION BY ROADWAY CONTRACTOR
PROJECT NAME: Sunset Point Road at Betty Lane Intersection Improvements
PROJECT LIMITS: Sunset Point Road at Betty Lane
PROJECT NO.: 001018A
THIS JOINT PROJECT AGREEMENT (Agreement) made and entered into on the
_______ day of , 20___, by and between Pinellas County, a political subdivision of
the State of Florida, hereinafter called the “County”, and the City of Clearwater, Florida, a
municipal corporation of the State of Florida, hereinafter called the “City” (collectively, Parties).
WITNESSETH, That:
WHEREAS, the County intends to construct roadway and/or drainage improvements to
Sunset Point Road at Betty Lane Intersection (County Project No. 001018A or Project), which
will call for the adjustment, relocation and/or installation of the City’s utility facilities along,
over and/or under the Project (Utility Work); and
WHEREAS, the County’s plans for the Project have been reviewed by the City and the
City has had the opportunity for input into said plans; and
WHEREAS, the County and the City have determined that it would be to the best interest
of the general public and to the economic advantage of both Parties to enter into this Joint
Project Agreement for the Utility Work to be accomplished by the County’s contractor as part of
the construction of the Project; and
WHEREAS, the City has expressed its desire to assume all reasonable and necessary
costs to be incurred for this Utility Work and has requested to County to include in said Project
certain plans and specifications to meet the City’s needs.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) each to the other
in hand paid, the receipt whereof is hereby acknowledged, and in further consideration of the
mutual covenants hereinafter contained, it is agreed by the Parties as follows:
1. Utility Work
The City’s Utility Work within the limits of the Project is more specifically described as the
replacement, relocation or adjustment of approximately 500 linear feet of sixteen inch (16”)
water main, and approximately 500 linear feet of eight inch (8”) and six inch (6”) water main
that are in conflict with the proposed intersection construction improvements as part of County
PID No. 001018A, located on Sunset Point Road at Betty Lane.
2. Funding
2.1 The County will be responsible for the bidding and award of the construction
contract for the Project and will include the Utility Work as a separate option item in its bidding
document. After the County receives, opens, and evaluates the bids, the County will notify the
City, in writing, of the County’s intent to award the contract. This notification will include the
amount for the Utility Work option. The City will have fifteen (15) days from receipt of the
County’s notification to request, in writing, that the County delete this option, and to notify the
County of the City’s intent to perform the Utility Work with the City’s own forces or its own
contractor. In order not to delay the construction of the Project, the City must show that it is
ready and able to perform all Utility Work prior to requesting that the County delete the Utility
Work option from the contract award. The City does not have the right to delay or affect, in any
way, the award of the contract. In the event the City, in performing the Utility Work causes a
compensable delay to the County’s construction of this Joint Project, the City will pay all claims
and costs incurred due to its delay.
2.2 The City hereby certifies that funding for the preliminary estimated Utility Work
cost (Exhibit A) of Three Hundred Eighty-Three Thousand Seven Hundred Sixty and 00/100
Dollars ($383,760), plus 5% for County construction/contract administration/compaction and
backfill testing costs of Nineteen Thousand One Hundred Eighty-Eight and 00/100 Dollars
($19,188), for a total cost of Four Hundred Two Thousand Nine Hundred Forty-Eight and 00/100
Dollars ($402,948), has been appropriated and is available for deposit into an interest bearing
escrow account for the purpose of payments by the County to the contractor on the City’s behalf.
The deposit will be due to the County no later than thirty (30) days from the date of notification of
the County’s intent to award the construction contract. If the option item of the contractor’s bid
selected by the County for performance of the Utility Work exceeds the amount of the preliminary
estimated Utility Work, then subject to and in accordance with the limitations and conditions
established by Subparagraph 2.1 hereof regarding the City’s option to remove the Utility Work,
the City will deposit an amount with the County which equals the total option item plus 5% of that
amount for County construction/contract administration/compaction and backfill testing. Interest
will accrue on the deposit balance and be used toward the cost of the Utility Work. In the event the
final, actual cost of the Utility Work is less than the amount the City deposited, including all
interest earned, but excluding the 5% for County construction/contract administration/compaction
and backfill testing of the actual construction costs, the County will reimburse the City any excess
escrow account funds. Should contract modifications occur that increase the cost of the Utility
Work, or the estimated quantities of items provided by the City in Exhibit A are exceeded, the
City will be notified by the County accordingly. The City will pay the County within thirty (30)
calendar days of notification by the County to ensure that cash on deposit with the County is
sufficient to fully fund the cost of the Utility Work. The County shall notify the City as soon as it
becomes apparent the actual costs will overrun the award amount, and the City shall pay for the
cost overruns (plus 5% administrative fee) within thirty (30) calendar days of notification by the
County. However, failure of the County to so notify the City shall not relieve the City from its
obligation to pay for the full cost of the Utility Work.
All deposits due to the County referenced in Section 2.2 above shall be mailed to:
Finance Division Accounts Receivable
Pinellas County Board of County Commissioners
P. O. Box 2438
Clearwater, FL 33757
2.3 The County will require the successful contractor to comply with the following
conditions. The City shall be responsible for the costs attributed to said compliance with these
conditions as part of the Utility Work:
(A) Indemnify, hold harmless, pay on behalf of and defend the County and
its agents and employees and the City and its agents and employees from and against all claims,
damages, losses and expenses, including, but not limited to, attorney’s fees, arising out of or
resulting from the performance of the Project or the Utility Work;
(B) Provide a dual obligee bond in the full amount of the Project, naming
the City and the County as obligees; and
(C) Provide insurance coverage with the County and the City named as
additional insured entities and certificate holders in the sum of $2,000,000 per occurrence and
$2,000,000 in the aggregate for general liability and provide worker’s compensation and auto
liability as appropriate.
3. Joint Project Activities
3.1 The City will prepare, at its expense, the design of plans and specifications for all
the City’s necessary Utility Work and reimbursable Utility Work described above and will
furnish to the County no later than October 19, 2017, complete and reproducible plans on
standard size sheets (11” x 17” and 24” x 36”), together with a complete set of specifications
covering all construction requirements for the Utility Work. These plans and specifications will
be complete in every detail and will include a “Summary of Quantities” sheet and/or “Bill of
Materials” identifying the items of work, with a final estimate of cost (Engineer’s Estimate),
required to accomplish the Utility Work said estimate to be satisfactory to the County. The plans
and specifications will be signed and sealed by a Registered Professional Engineer in the State of
Florida.
3.2 The City will coordinate the development of the Utility Work plans with the
County’s plans for the Project. The County, upon request by the City, will furnish all available
roadway information required by the City for the coordination and development of the Utility
Work plans, and the County will cooperate with the City to this end.
3.3 The City will obtain all necessary Florida Department of Transportation or other
jurisdiction permits required for construction of the Utility Work. A copy of all permits required
for said Utility Work will be provided to the County no later than November 30, 2017.
3.4 The County will issue a “Right-of-Way Utilization Permit” upon execution of the
Agreement by both Parties. This permit will not be subject to any required fees.
3.5 All surveys for construction of the Utility Work will be furnished by the
successful contractor, in accordance with the plans and specifications provided by the City.
3.6 The coordination of the City’s Utility Work with that of the roadway contractor
and other utilities and/or their contractors will be the responsibility of the County. The City will
cooperate fully and immediately to resolve any delays in the construction of the project occurring
as the result of the City’s Utility Work.
3.7 All of the Utility Work done pursuant to this Agreement shall be done in
substantial accordance with the plans and specifications of the City, which plans, and
specifications are, by reference hereto, made a part hereof. All information required for field
changes, change orders or supplemental agreements pertaining to the City’s Utility Work will be
promptly furnished to the County.
3.8 During construction of the City’s Utility Work, the City will provide the
necessary construction and engineering inspection for the City’s Utility Work to determine if the
Utility Work is in substantial compliance with the plans and specifications, and provide all
required testing associated with the City’s Utility Work, excluding backfill and compaction
testing in accordance with Pinellas County Minimum Testing Frequency Requirements, and
provide results to the County for same. The contractor shall contact the City’s Engineering
Inspection Division at 727-562-4591 within 24 hours prior to commencement of any City Utility
Work to schedule the appropriate inspection and pressure testing. The City’s inspector will
immediately notify the County inspector of any objections to the Utility Work.
3.9 The City will participate in the design, utility coordination, pre-construction and
other meetings as necessary for Project coordination.
3.10 All adjustment, relocations, repairs, maintenance, and incidental work
(“Incidentals”) required to be performed to the City’s existing utilities for the Joint Project, not
included in the Utility Work, will be the sole responsibility of the City. All such work is to be
coordinated with the construction of this Joint Project and in a manner that will not cause delay
to the County’s Project contractor.
3.11 The City’s comments and suggestions are invited and will be considered by the
County; however, all services and work under the construction contract will be performed to the
satisfaction of the County’s Director of Public Works, who will decide all questions, difficulties
and disputes of whatever nature which may arise under or by reason of such contract for Utility
Work, the prosecution and fulfillment of the services thereunder, and the character, quality,
amount and value thereof; and who’s decision upon all claims, questions and disputes thereunder
are final and conclusive upon the Parties hereto.
3.12 Upon completion of the entire Project, which will be determined jointly by the
County and the City, the City will own, control, maintain and be responsible for all City utility
facilities in accordance with the terms of the Right-of-Way Utilization Permit. The City will
maintain and keep in repair, or cause to be maintained and kept in repair, all of such constructed
utilities facilities.
3.13 The County will forward any accounting records, if requested, to the following
City representative:
Lan-Anh Nguyren
City of Clearwater
100 S. Myrtle Avenue
Clearwater, FL 33756
3.14 Upon final payment to the contractor, the County intends to have its final and
complete accounting of all costs incurred in connection with the work performed hereunder
within three hundred sixty (360) days. All project costs records and accounts shall be subject to
audit by a representative of the Company for a period of three (3) years after final close out of
the Project.
3.15 Upon completion of the entire Project, the Contractor will supply “as built”
(“Record”) standard size sheet (11” x 17” or 24” x 36”) Utility Work plans to the County, who in
turn will within one hundred eighty (180) days, furnish the City with one (1) set.
3.16 Upon completion of the entire Project, the County will insure that any warranty,
including materials, equipment, workmanship and closeout documents, by the contractor
constructing and/or installing facilities related to the Utility Work in accordance with this
Agreement, is assigned to the City.
4. Project Managers
The primary contact for each of the Parties is:
4.1 The Project Manager for City of Clearwater shall be Lan-Anh Nguyen or their
designee (“City’s Project Manager”), whose telephone number is 727.562.4581 and whose post
office address is 100 S. Myrtle Avenue, Clearwater, FL 33756.
4.2 The Project Manager for Pinellas County shall be Tim Clark or their designee
(“County’s Project Manager”), whose telephone number is 727.454.4408 and whose post office
address is 14 S. Fort Harrison Avenue, Clearwater, FL 33756.
4.3 Each Party may designate a replacement Project Manager by giving notice of such
designation to the other party in accordance with this Agreement.
5. Records, Reports, and Inspection
The County shall maintain financial records, accounting and purchasing information, and books
and records for the Project. These books, records, and information shall comply with general
accounting procedures. All documents related to the Project are public records and shall be
retained and provided as required by law.
6. Compliance with Federal, State, County, and Local Laws
Both Parties shall comply with all federal, state, county, and local laws, regulations, and
ordinances at all times.
7. Responsibilities of the Parties
The County and the City shall be fully responsible for their own acts of negligence and their
respective agents’ acts of negligence, when such agents are acting within the scope of their
employment; and shall be liable for any damages resulting from said negligence to the extent
permitted by Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by either the County or the City. Nothing herein shall be construed as
consent by the County or City to be sued by third Parties in any matter arising out of this
Agreement.
8. Discrimination
The County and the City shall, during the performance of this Agreement, comply with all
applicable provisions of federal, state and local laws and regulations pertaining to prohibited
discrimination.
9. Assignment
This Agreement may not be assigned.
10. Severability
Should any section or part of any section of this Agreement be rendered void, invalid, or
unenforceable by any court of law, for any reason, such a determination shall not render void,
invalid, or unenforceable any other section or any part of any section of this Agreement.
11. Entire Agreement
This Agreement constitutes the entire agreement between the Parties, and no change will be valid
unless made by supplemental written agreement executed by both Parties.
12. Notification
All notices, requests, demands, or other communications required by law, or this Agreement
shall be in writing and shall be deemed to have been served as of the delivery date appearing
upon the return receipt if sent by certified mail, postage prepaid with return receipt requested, if
hand delivered, or upon the actual date of delivery to the Project Manager, whose address is set
forth in Section 4 above.
13. Waiver
No act of omission or commission of either Party, including without limitation, any failure to
exercise any right, remedy, or recourse, shall be deemed to be a waiver, release, or modification
of the same. Such a waiver, release, or modification is to be effected only through a written
modification to this Agreement.
14. Due Authority
Each Party to this Agreement represents and warrants to the other Party that (i) it is duly
organized, qualified and existing entities under the laws of the State of Florida, and (ii) all
appropriate authority exists so as to duly authorize the persons executing this Agreement to so
execute the same and fully bind the party on whose behalf they are executing.
15. Headings
The paragraph headings are inserted herein for convenience and reference only, and in no way
define, limit, or otherwise describe the scope or intent of any provisions hereof.
16. Approval
This Agreement is subject to approval by the City and the County.
17. Fiscal Funding
The obligations of the Parties are subject to appropriate budgeted funds being available in each
budget year to achieve the purposes of this Agreement. In the event that sufficient budgeted
funds are not available in a subsequent fiscal year, this Agreement shall terminate on the last day
of the fiscal year for which sufficient budgeted funds are available without penalty to either of
the Parties.
18. Term
The term of this Agreement shall commence upon execution of this Agreement by the Parties
and shall terminate after completion and acceptance of the Utility Work and upon final payment
in accordance with the provisions of Paragraph 3.14 of this Agreement. If the County fails to
issue a Notice to Proceed to a contractor for the Project within three hundred sixty-five (365)
days from the date of full execution of this Agreement by the Parties, this Agreement shall be
deemed terminated and any payments made by the City to the County shall be refunded in full by
the County within thirty (30) days.
I IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed by
their duly authorized representatives on the day and date first above written
CITY OF CLEARWATER, FLORIDA,
A municipal corporation and
political subdivision of the State of Florida
By: _______________________________
George N. Cretekos
Mayor
PINELLAS COUNTY, FLORIDA by and
through its Board of County Commissioners
By: ________________________________
Janet C. Long
Chairman
By: _____________________________
William B. Horne II
City Manager
ATTEST:
By:_______________________________
Rosemarie Call
City Clerk
ATTEST: Ken Burke, Clerk of the Circuit
Court
By:_______________________________
Deputy Clerk
Approved as to form:
By: ________________________________
Camilo A. Soto
Assistant City Attorney
OFFICIAL CITY SEAL
PROJECTLOCATION KINGS HWY N BETTY LN DOUGLAS AVE SUNSET POINT RD OVERBROOK AVE IDLEWILD DR
WOODLAWN TER
PALM ST PINELAND DR SANDY LN SYLVAN DR STATE ST
MARY L RD
BERMUDA ST SPRINGTIME AVE SEDEEVA CIR N
ARBELIA ST BROADWAY POINSETTA AVE OTTEN ST ALPINE RD IVA ST
B Y R A M D R THE MALL JOEL LN FREEDOM DR RIDGELANE RD WILSON RD WESTON DR SEDEEVA ST
VISTA WAY CARLOS AVE SPRING LN
THAMES LN
ALOHA LN COLES RD N EVERGREEN AVE BARBARA AVE LANTANA AVE FULLER DR STEVENSON AVE BROOK RD SHERIDAN RD
BENTLEY ST
GRANADA ST JADE AVE PORT WAY ROLLEN RD CAROLYN LN
HEAVEN SENT LN OAKDALE WAY STARBOARD WAY
GARDENIA CT PINECREST WAY SPRING LN SPRINGTIME AVE SPRINGTIME AVE LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM DN N.T.S.260B 03-29s-15e10/18/2017Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
SUNSET POINT at BETTY LANEUTILITY RELOCATION JPA(Contract #17-0012-UT)
Path: V:\GIS\Engineering\Location Maps\SunsetPoint_Betty_UtilRelocJPA.mxdN BETTY LNS A N D Y L A N E
E L E M E N T A R Y
KINGS HWY
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3979
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Marine & Aviation
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Ratify and Confirm Airpark Lease and Operating Agreement with Clearwater Airpark, Inc.
through November 30, 2017, with one additional 5-year renewal at the City’s discretion.
SUMMARY:
The initial term for this agreement was for 60 months through November 30, 2017. The Lessee
with Lessor’s consent had the option to renew this Lease Agreement for one additional
consecutive five-year lease period, for a total of 10 years ending November 30, 2022.
Staff sought direction from City Council on December 14, 2011 concerning different FDOT
Grant funding options along with extending the current Fixed Base Operator (FBO) Lease
Agreement. The actual Lease and Operating Agreement dated April 26, 2012 had not been
formally presented to City Council for approval. The Airpark Advisory Board at their August 17,
2017 meeting recommended that the City renew the FBO lease for another 5 years.
APPROPRIATION CODE AND AMOUNT:N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 10/27/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3994
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Human Resources
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
Approve the collective bargaining agreement as negotiated between the City of Clearwater and
CWA Local 3179 for Fiscal Years 2017/18, 2018/19, and 2019/20 and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
The current collective bargaining agreement between the City of Clearwater and CWA Local
3179 expired on September 30, 2017. The parties reached a tentative agreement for a new
contract which was ratified by the membership on October 18, 2017 by a vote of 282 to 66.
The agreement is a three-year agreement providing for a 3% merit increase plus $25.00 for
every year of service added to base salary in the first year retroactive to October 1, 2017, a
3.5% merit increase in the second year, and a 3% merit increase plus $25.00 for every year of
service added to base salary in the third year. It also includes an increase in tuition
reimbursement to $1500 annually, the inclusion of foster children and guardianships for the use
of sick and funeral leave, and the ability for family members on the city health insurance to
utilize city recreational facilities. This agreement also enables the City to provide salary
adjustments based on recruiting and/or retention concerns.
The costs associated with the implementation of this agreement are anticipated to be
approximately as follows:
FY 2017/18 $1,072,000 All Funds $258,000 General Fund
FY 2018/19 $1,109,000 All Funds $267,000 General Fund
FY 2019/20 $1,148,000 All Funds $276,000 General Fund
TOTAL:$3,329,000 All Funds $801,000 General Fund
A first quarter budget amendment will allocate reserves from the operating funds to cover the
cost of CWA pay increases for the current budget year. Future budgets will include the
contract costs in the proposed budget.
Page 1 City of Clearwater Printed on 10/27/2017
File Number: ID#17-3994
Page 2 City of Clearwater Printed on 10/27/2017
CWA Collective Bargaining Agreement
Overview of Changes
Article 3, Rights of Parties
Eliminate requirement to provide a copy of Council meeting agendas.
Article 5, Labor-Management Cooperation
Removed restrictions on who could attend meetings.
Permitted labor-management meetings to be held as needed.
Article 7, Personnel Practices
Permits Police Communication employees to combine 15 minute breaks during a given
work day.
Permits the City to hire new employees at up to 10% above the range minimum based on
recruiting and retention considerations.
Reduces from 5 years to one year the time permitted to be spent on a reemployment list.
Extends probationary period for Police Communication trainees from 6 months to one year.
Clarifying language.
Provides family members enrolled in the City’s health insurance free access to City
Recreational facilities.
Requires employees to be paid by electronic transfer.
Article 8, Leaves of Absence
Does not permit floating holidays to be carried over into the next calendar year.
Provides that full time employees with less than six months service or part time employees
with fewer than 1040 hours will not be paid for vacation time if separated.
Permits sick leave/funeral leave for foster children/minor guardianship with verification.
Permits payment of one-half sick leave upon retirement if sixty five years old with 10 years’
service.
Provides that employees must have one year of service to earn bonus leave days and
provides that part time employees are not eligible for bonus leave days.
Sick Leave pool: clarifies procedures.
Provides for jury duty time to count toward the calculation of overtime.
Eliminates time off for pre-induction physical.
Article 9, Wages and Compensation
Provides a 3% merit increase plus $25.00 for every year of service in year one and three of
the contract and a 3.5% merit increase in year two of the contract.
Adjusts pay ranges by 2% in year two and three.
Permits the City to provide for salary increases based on retention and recruitment
concerns.
Increase standby pay by $5.00 for nights, weekends, and holidays.
Prohibits employees from being on standby if on vacation, floating holiday, or sick leave.
Provides for $50.00 bi-lingual pay.
Provides 5% pay differential for certain classifications supporting Public Utilities
infrastructure.
Permits utilization of polyester blend uniforms.
Provides that tools damaged or stolen will be replaced by tools of like value and quality.
Increase tuition reimbursement from $1200
Article 11, Performance and Discipline
Allows employees two working days to obtain union representation for any meeting that
may result in discipline.
AGREEMENT
between
CITY OF CLEARWATER, FLORIDA
and
COMMUNICATIONS WORKERS OF AMERICA, Local 3179
FISCAL YEARS
2017 - 2018
2018 – 2019
2019 - 2020
ARTICLE #TITLE PAGE #
Preamble.........................................................................................1
Article 1 Recognition ....................................................................................1
Included & Excluded Members...................................................................1
Managerial & Confidential Employees.......................................................1
General Provisions........................................................................................2
Article 2 Representatives of Parties ..............................................................2
Article 3 Rights of Parties .............................................................................3
City’s Management Rights............................................................................3
Union Rights ..................................................................................................4
Emergency Conditions .................................................................................6
Impact Bargaining..........................................................................................6
Article 4 No Strike.........................................................................................7
Article 5 Labor/Management Cooperation..................................................7
Article 6 Grievance Procedure ......................................................................8
Definition........................................................................................................8
Steps ................................................................................................................9
Arbitration....................................................................................................10
Article 7 Personnel Practices ......................................................................12
Regular Work Hours...................................................................................12
Appointments & Promotions....................................................................14
Probationary Periods...................................................................................16
Health & Safety............................................................................................17
Paycheck Issuance.......................................................................................18
Article 8 Leaves of Absence........................................................................19
Designated Holidays....................................................................................19
Floating Holidays.........................................................................................20
Vacation........................................................................................................22
Sick Leave.....................................................................................................24
Funeral Leave...............................................................................................29
Line-of-Duty Injury.....................................................................................30
Military Leave...............................................................................................31
Jury Duty and Court Time .........................................................................31
Administrative Leave...................................................................................32
Leaves without Pay......................................................................................33
Other Time Off ...........................................................................................33
Maternity/Paternity/Child Care Leave.....................................................35
Union Time..................................................................................................34
Alternate Duty & Return to Work............................................................35
ARTICLE #TITLE PAGE #
Article 9 Wages & Compensation...............................................................36
Salary..............................................................................................................36
Overtime.......................................................................................................38
Standby & Recall..........................................................................................39
Shift Differential..........................................................................................40
Acting Pay.....................................................................................................40
Training Differential....................................................................................40
Leadworker Pay............................................................................................41
Assignment Pay Differential......................................................................41
Uniforms & Rain Gear ...............................................................................42
Certification Pay...........................................................................................42
Replacement & Repair of Tools/ASE Certifications.............................43
Training and Career Development............................................................43
Travel and Mileage.......................................................................................44
Commercial Drivers License......................................................................44
Parking ..........................................................................................................44
Tuition Reimbursement..............................................................................44
Article 10 Insurance......................................................................................44
Article 11 Performance & Discipline............................................................45
Article 12 Drug & Alcohol Policy .................................................................45
Article 13 Retirement....................................................................................46
Article 14 Seniority, Layoff, and Recall ........................................................48
Seniority........................................................................................................48
Layoff............................................................................................................48
Article 15 Duration, Modification, & Termination......................................50
Appendix A Alphabetical Listing of Represented Classifications......................i
Appendix B Pay Range Tables...........................................................................v
1
PREAMBLE
The CITY OF CLEARWATER, FLORIDA, hereinafter referred to as the “City”, and
COMMUNICATIONS WORKERS OF AMERICA LOCAL 3179, hereinafter referred to as
the “Union”, (PERC Certification Number 170), recognizing that the welfare and the best
interest of the City of Clearwater will be served by procedures which provide for an orderly
method for the City and the Union to bargain in good faith matters of common interest, do
hereby agree as follows:
ARTICLE 1
RECOGNITION
The City recognizes the Union as the exclusive bargaining representative for wages, hours and
other terms and conditions of employment for employees of the City of Clearwater, Florida, who are
members of the unit as herein defined:
Included: Nonprofessional employees of the City of Clearwater (See Appendix for listing of
included job classifications).
Excluded: Department Heads; Division Heads; Managerial and Confidential Employees
within the meaning of Section 447.203 (4, 5), Florida Statutes; all Professional Employees within the
meaning of Section 447.203 (13), Florida Statutes; and all other employees of the City of Clearwater
not specifically included.
Section 1.Managerial Employees
"Managerial Employees" as defined in Section 447.203 (4), Florida Statutes, are employees who
have authority in the interest of the public employer, City of Clearwater, to formulate policy or are
reasonably required to assist directly in the preparation for and the conduct of collective bargaining, or
have a major role in the administration of agreements resulting in collective bargaining, or have a
significant role in personnel administration or employee relations and in the preparation and
administration of budgets and said roles are not of a routine, clerical or administrative nature and
require the exercise of independent judgment. Historically, these job classifications have been treated
as managerial within the foregoing criteria.
Section 2.Confidential Employees
"Confidential Employees" as defined in Section 447.203 (5), Florida Statutes, are employees
who act in a confidential capacity to assist or aid managerial employees as set forth above and as
defined in the Florida Statutes; specifically said employees have access to and assist in the preparation
for collective bargaining, budget, and all have access to information dealing with the administration of
this contract, including the handling of grievances under the grievance procedure as set forth herein.
2
Section 3.General Provisions
This Agreement shall be governed and construed according to the Constitution and Laws of
the State of Florida. Accordingly, if any provisions of this Agreement or any application of this
Agreement to any employee covered hereby shall be found contrary to law, such provisions or
applications shall have effect only to the extent permitted by law, but all other provisions of this
Agreement shall continue in full force and effect.
No change, rescission, alteration or modification of this Agreement, in whole or in part, shall be
valid unless the same is ratified by the City and the Union and endorsed in writing.
The parties acknowledge and agree that, during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and proposals with respect
to any subject or matter included by law within the area of collective bargaining and that all the
understandings and agreements arrived at by the parties after the exercise of that right and opportunity
are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each
voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees
that the other shall not be obligated to bargain collectively with respect to any matter or subject not
specifically referred to or covered by this Agreement, whether or not such matters have been
discussed, even though such subjects or matters may not have been within the knowledge or
contemplation of either or both parties at the time that they negotiated or signed this Agreement. This
Agreement contains the entire contract, understanding, undertaking and agreement of the parties
hereto and finally determines and settles all matters of collective bargaining for and during its term
except as may be specifically otherwise provided herein.
Section 4.A City or Department rule, regulation, policy or procedure now in existence in
conflict with this Agreement shall be resolved by modification of such rule, regulation, policy or
procedure to be compatible with this Agreement.
Section 5.The parties agree to bargain proposed changes in the City's Civil Service Rules
that deal with mandatory subjects of collective bargaining and any impact these changes may have
on bargaining unit members.
ARTICLE 2
REPRESENTATIVES OF PARTIES
The City agrees that during the term of this Agreement it will deal only with the authorized
representatives of the Union in matters requiring the mutual consent or other official action called for
by this Agreement. The Union agrees to notify the City in writing of the name of such authorized
representatives. Written notice of the replacement of authorized Union representatives shall also be
provided to the City Manager, and the City shall not recognize the designated replacement
representatives until 24 hours after having received such written notice.
The Union agrees that during the term of this Agreement it will deal only with the authorized
representatives of the City, to wit: the City Manager or his/her designees.
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ARTICLE 3
RIGHTS OF PARTIES
Section 1.Employees in the bargaining unit shall have the right to form, join, and
participate in, or to refrain from joining, forming, or participating in the Union. Neither the City nor
the Union will discriminate against any employees in regard thereto.
Section 2.The City and the Union will not discriminate against employees in the unit
because of race, color, sex, age, national origin, disability, religion, marital status, or membership or
non-membership in a union; provided, however, that this will not prohibit the City from establishing
bona fide occupational qualifications or taking other such actions as permitted by law. If a charge of
discrimination by an employee against the City, its officers, or representatives is filed with any
appropriate agency having jurisdiction of such charge, said employee or the Union will not file or
pursue a grievance under Article 6 of this Agreement. If a grievance is pending at the time such a
charge is filed, it shall be considered withdrawn.
Section 3.It is understood that the provisions of this Article embrace all rights of
employees covered by all federal, state, county and city laws and regulations.
Section 4.City’s Management Rights
The City reserves, retains, and is vested with exclusively, all rights of management which have
not been expressly abridged by specific provisions of this Agreement. The exclusive rights of
management include, but are not limited to, the following:
A. to manage the City generally and to determine the issues of policy;
B. to determine the facts which are the basis of management decisions;
C. to determine the necessity or organization of any service or activity conducted by the City and
to expand or diminish services;
D. to determine the nature, manner, means, and technology, and extent of services to be provided
to the public;
E. to determine methods of financing and budgeting;
F. to determine the types of equipment and technology to be used;
G. to determine and/or change the facilities, methods, technology, means and size of the work
force by which the City operations are to be conducted;
H. to determine and change the number of locations, relocations, and types of operations,
processes, and materials to be used in carrying out all City functions including, but not limited
to, the right to contract for or subcontract any work or operation of the City in accordance with
the practices followed prior to this Agreement;
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I. to assign work to and schedule employees in accordance with requirements as determined by
the City, and to establish and change work schedules and assignments;
J. to relieve employees from duties for lack of work, lack of funds or any other non-disciplinary
reasons;
K. to discharge, suspend, demote, or otherwise discipline employees for just cause;
L. to determine job classifications and to create, modify or discontinue jobs;
M. to hire, transfer, promote, and demote employees;
N. to determine policies, procedures, and standards for selection and training;
O. to establish productivity programs and employee performance standards including, but not
limited to, quality and quantity standards and to require that such standards be followed;
P. to maintain order and efficiency in its facilities and operations;
Q. to establish and promulgate and/or modify rules and regulations and standard operating
procedures;
R. to otherwise take such measures as the City may determine to be necessary to the orderly and
efficient operation of its various operations, functions and services;
Section 5.Union Rights
A. Check-Off The City shall deduct dues twice per month in amounts as certified to the City by
the Secretary-Treasurer of the Communications Workers of America and will remit the
aggregate deduction so authorized together with an itemized statement to the Secretary-
Treasurer. Dues deductions will be remitted within 30 days from the date of the deduction on
a monthly basis. Changes in Union membership dues will be similarly certified to the City in
writing and shall be done at least 30 days prior to the effective date of such change.
Notwithstanding anything herein to the contrary, any authorization for dues deduction may be
cancelled by the employee upon 30 days written notice to the City and to the Union.
The Union shall indemnify and hold harmless the City from any and all claims or demands and
expenses in connection therewith based upon the City's participation in dues deduction.
Nothing contained herein shall require the City to deduct from a salary or be otherwise
involved in the collection of Union fines, penalties or special assessments.
5
B. The Union shall have access to City conference rooms and other similar building facilities, if
available, for meetings of the Union in the same manner as the general public. However, the
Union shall have access to available facilities, without charge, for meetings to ratify this
Agreement.
C. The Union shall be entitled to use four square feet of a designated bulletin board in each City
building or facility where the City maintains an employee bulletin board; provided said bulletin
boards shall be used for posting Union notices only and shall not be used for the purpose of
soliciting membership.
D. All permissible notices shall be signed by a duly recognized officer of the Union and may be
delivered through the City's departmental interoffice mail system. The City agrees to accept
from the Union, review for appropriateness, and forward permissible notices via e-mail to a list
of work sites and designated bargaining unit members as approved in advance by the City. The
City reserves the right to discontinue the use of e-mail for such purpose at any time if the City
determines that the approved and forwarded e-mail is not used for the intended purpose.
E. The Union President will be provided, on a quarterly basis or upon request, the names, and
home addresses, and such other data that is readily available from the City’s information
database for all current employees of the City who are in the bargaining unit. The Union shall
have access to such names and addresses at any time pursuant to public records law, subject to
such fees as may be proper in accordance with state law.
F. The Union representatives shall be allowed as defined below time off without loss of pay
during their regular shift hours for investigating grievances provided that, in the judgment of
the Department or City, the performance of this function by the Union representative shall in
no way interrupt the normal functioning of City work assignments. The investigation of
grievances by Union representatives shall not be conducted in greater than 2-hour increments
per day. The Union agrees to guard against the use of excessive time for such activities which
are authorized by this Agreement. The Union representative will provide advance notice to
his/her supervision to allow planning arrangements to enable the Union representative time off
for investigative activity. When a Union representative desires to contact an employee in the
unit who has a complaint, he/she shall first obtain permission from the employee’s supervisor.
If permission is denied at that particular time, the Union representative will be informed of the
reason for the denial. However, the denial of permission shall not be subject to the grievance
procedure. The Union representative will notify his/her supervisor upon his/her return to
work. The President of the Union, or the designee of the President, shall have the privileges
accorded to a Union representative.
G. There shall be an average of one Union steward for each City department or one for each 35
employees in the bargaining unit. No division shall be assigned more than one Union
representative unless the Division has more than 35 employees, then one Union steward for
each 35 employees or fraction thereof may be assigned.
H. The City shall permit the Union to make a presentation to all new bargaining unit members at
the City new employee orientation. Subject matter of the Union presentation and any Union
materials to be distributed must be approved by the City Manager or his/her designee.
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Section 6.Miscellaneous
A. Shared Cost of Printing Agreement -- The City and the Union each agree to pay one-half of a
reasonable cost for printing copies of this Agreement in pocket booklet form for all employees
in the unit. If the City is unable to perform the printing or copying internally, the City agrees to
include up to three printers of the Union’s choice in obtaining quotes for services in accordance
with City purchasing guidelines. The City further agrees to utilize the printer of the Union’s
choice if such printer submits the lowest bid, or provided the Union pays the difference in
copying costs between that of the Union’s printer and that of the printer submitting the lowest
bid.
B. Review of Personnel File -- On reasonable advance notice, employees shall be allowed to
review their personnel files.
C. Participation in Charity Drives -- Employees are encouraged to participate in charity drives.
However, no employees will be pressured by either party to this Agreement to contribute to
any charity.
D. Union Committees -- Certain committees of the Union may be allowed to meet during
normal work hours, this time to be subject to approval by the City Manager's office. Such
committees and meetings shall not include preparation for bargaining.
E. Use of City Copying Equipment -- Cost to be paid by the Union for printing of Union
material in accordance with the established City rate for copies. This material shall be non-
controversial in nature and subject to advance review by the City Manager or his/her designee.
Section 7.Emergency Conditions
If in the sole discretion of the City Manager or the Mayor it is determined that civil emergency
conditions exist or may exist, including, but not limited to, riots, civil disorders, hurricane conditions,
strikes, or similar catastrophes or disorders, this Agreement may be suspended by the City Manager or
the Mayor during the time of the declared emergency, provided that wage rates and other direct
monetary payments shall not be suspended. Further, a discharge, suspension or demotion occurring
during such emergency may be pursued as a grievance upon the termination of the emergency. The
date of termination of the emergency shall be considered the first day under the grievance procedure.
Section 8.Impact Bargaining
The City and Union agree to bargain the impact of the exercise of Management Rights to
change wages, hours or terms and conditions of employment of any person covered by this
Agreement. The City will notify the Union of any proposal that may affect wages, hours, or terms and
conditions of employment prior to implementation. The Union will notify the City in writing, within
30 calendar days, of the specific impact and the intent of the Union to bargain the impact of the
change. Failure to notify the City of the specific negotiable impact of a proposed change within the
time limit prescribed above shall constitute acceptance of the change on the part of the Union and the
City may implement the change at the end of the prescribed time limit. If timely notice is given, the
proposal shall not be implemented until resolution is reached. The City and the Union will then
negotiate those impacts. In the event of an impasse on said bargaining, the parties agree the Special
7
Magistrate process is waived and the parties will proceed directly to the City of Clearwater Council for
final and binding resolution of the issues. The parties may call for a Special Magistrate upon mutual
agreement endorsed in writing.
ARTICLE 4
NO STRIKE AND OTHER UNLAWFUL ACTS
Section 1.The parties specifically incorporate herein the provisions of Florida Statutes
447.505, 447.507, and 447.509.
Section 2.In addition to the prohibitions and penalties prescribed in the aforementioned
sections of the Florida Statutes, the parties specifically agree that any individual employee engaging in
such activity may be immediately terminated in accordance with said Statutes. In addition, liability shall
attach to such individual employee as well as the Union if the provisions of this section are violated.
Section 3.Should the Union or any of its employees breach this Article, the City may, in
addition to the remedies provided in Chapter 447 of the Florida Statutes, be entitled to obtain a
temporary injunction at an ex parte hearing.
ARTICLE 5
LABOR/MANAGEMENT COOPERATION
The Union recognizes and supports the concept of a Labor-Management Committee to
address city-wide employee concerns that are not specifically provided for by contract provisions and
to improve labor-management communications. Such a committee shall be established, composed of
Union and City representatives. Rules and operating procedures of the Committee shall be
established and may be changed by mutual agreement of the City and the Union.
The Labor-Management Committee shall not be intended to bypass the grievance procedure.
The Committee shall have advisory powers only but may propose standard policies and procedures to
be followed city-wide. However, decision making responsibility shall continue to remain with line
management of the City and with line officers of the Union. If such recommendations are adopted by
the City Manager, they shall not be applied to bargaining unit employees if they are in conflict with the
provisions of the CWA contract.
The City agrees that meetings, mutually agreed upon between the Union and the City will be held to
discuss problems and objectives of mutual concern. These meetings do not preclude any additional or
needed meetings between any management and Union representative.
The City will fund the registration cost only for up to five Union members who are current
City employees to attend the Florida Labor Management Conference or a similar labor-management
conference or seminar within the state of Florida one time for each year of the Agreement. The
expenditures of any such funds made available by the City will require the mutual agreement of the
City and the Union.
8
ARTICLE 6
GRIEVANCE PROCEDURE
It is the intent of this Article to provide a means for the fair, expeditious and orderly settlement
of disputes that arise under this Agreement between the Union and/or an employee and the City. All
employees and supervisory personnel should make every possible effort to settle differences at the
lowest possible step outlined in this Article.
Section 1.A grievance shall be defined as any difference, dispute or complaint regarding
the interpretation or application of the terms of this Agreement. Grievances may be filed by the City
or by an aggrieved employee through the Union. Entrance probationary employees shall not have
access to the grievance procedure during the probationary period. Grievances initiated by the City
shall always begin in Step 3, as hereinafter provided.
A class-action grievance may be filed by the Union if an action or dispute directly affects more
than one bargaining unit employee. A class-action grievance may begin at Step 3.
Section 2.No employee or group of employees may refuse to follow directions pending the
outcome of a grievance. Employees in the unit will follow all directives, even if such directives are
allegedly in conflict with the provisions of this Agreement. Compliance with such directives will not in
any way prejudice the Union and/or employee's right to file a grievance within the time limits
contained herein, nor shall compliance affect the ultimate resolution of the grievance.
Section 3.It is recognized and accepted by the Union and the City that the processing of
grievances is of utmost importance, and therefore grievances may be processed during employees'
normal working hours without loss of wages when the absence of employees or supervisors involved is
reasonable and will not, in the judgment of the Department Head or City Manager or City Manager's
designee, be detrimental to the work programs of the City. A grievant may be accompanied by a
Union representative at any time during the grievance procedure. The City will attempt to
accommodate all parties in the processing of grievances.
Section 4.If an employee selects the grievance procedure, as hereinafter set out under this
Agreement, it is specifically understood that said employee has exercised his/her option granted by
Florida Statutes 447.401 and cannot thereafter process his/her complaint under any Civil Service
appeal procedure. Any employee presenting a grievance shall be referred to a Union representative
after which the Union will advise whether the grievance is meritorious for processing, and shall be
formally processed in accordance with the steps outlined below. When the City is informed by the
Union that it is representing an employee in the grievance process, the City shall not deal directly with
the employee throughout the process except at the employee’s specific written request. The Union
shall be afforded the opportunity to be present at the resolution or determination of any grievance
involving a bargaining unit member.
Normal working hours shall be 8:00 a.m. to 5:00 p.m. on normal work days which are Monday
through Friday, except holidays.
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Step 1
Within 15 working days after such alleged violation is known by the grievant, the Union and/or
aggrieved employee will present the grievance in writing on the appropriate form to the employee's
division head and a copy to the City Manager or his/her designee.
The written grievance at this step, and at all steps thereafter, shall contain the information
specified on the grievance forms. Forms will be made available to employees by both parties.
Grievances submitted which do not contain the information required on the form shall be returned
to the Union and/or employee for completion. The Union and/or employee shall be advised as to
why the form is not complete. This shall extend the required time for submittal of the grievance to
5 working days from the time that the grievance is returned to the grievant. Upon acceptance of
the grievance, the grievance form may not be amended from the original written grievance at the initial
step of the grievance procedure except by mutual agreement of the parties.
The division head will arrange for a meeting with the Union and/or grievant within five
working days after receipt of the grievance or failure of the parties to resolve the grievance informally.
A grievant may have a Union representative accompany him/her to the meeting with the division head
to whom the employee is responsible. Discussions shall be informal for the purpose of settling
differences in the simplest and most direct manner. The division head will provide the Union and/or
the grievant with a written answer on the grievance within five working days from the date of said
meeting.
If the grievance is not resolved at Step 1, the Union and/or grievant, within ten working days,
may appeal the grievance to Step 2.
Step 2
If the grievance is appealed to the Department Director, the Department Director or designee
will arrange for a meeting with the Union and/or grievant within five working days after receipt of the
grievance. A grievant may have a Union representative accompany him/her to the meeting with the
Department Director or designee to whom the employee is responsible. Discussion shall be informal
for the purpose of settling differences in the simplest and most direct manner. The Department
Director or designee will provide the Union and/or grievant with a written answer on the grievance
within five working days from the date of said meeting.
If the grievance is not resolved at Step 2, the Union and/or grievant may, within ten working
days, appeal the grievance to Step 3.
Step 3
If the grievance is appealed to the City Manager or his/her designee, the City Manager or
his/her designee will arrange for a meeting with the Union and/or grievant within 10 working days of
receipt of the grievance. Both the City and the Union and/or grievant shall have the right to include in
its representation such individuals as they deem necessary to develop pertinent facts. Discussion shall
be informal for the purpose of settling differences in the simplest and most direct manner. Acting for
the City, the City Manager or his/her designee shall, within 21 calendar days, provide a written decision
10
to the Union and/or grievant after the hearings have been held. If the Union and/or grievant is not
satisfied with the disposition of the grievance at Step 3, the grievance may be submitted to arbitration.
Step 4 – Arbitration
A. Within 30 calendar days from the receipt of the decision of the City Manager or his/her
designee for a Union/employee initiated grievance, or failure to resolve a City-initiated
grievance as provided in Section 5, Miscellaneous, subparagraph “H” hereof, the party
requesting to arbitrate the grievance shall give written notice to the other of intent to arbitrate
and shall at the same time request a list of seven arbitrators from the Federal Mediation and
Conciliation Service. For Union initiated grievances involving suspension, demotion, or
dismissal, the time limit for requesting arbitration shall be 90 calendar days following receipt by
the Union of the City Manager or designee’s decision. Each party shall have the right to
unilaterally reject one list of arbitrators received from FMCS. Thereafter, a list may only be
rejected by mutual consent of the parties.
B. Within 10 calendar days after receipt of the list of arbitrators, the Union and the City shall meet
and each strike three names therefrom, with the party presenting the grievance striking the first
name and the parties alternating thereafter, the remaining name to designate the arbitrator.
C. As promptly as can be arranged the arbitration hearing shall be held. The arbitrator shall
arbitrate solely the issue presented and shall not have the authority to determine any other
issues not submitted to him/her. The arbitrator, in rendering his/her decision, shall confine
his/her decision to the grievance in question and he/she shall not have the authority to add to,
take away from, alter or amend any provision of this Agreement.
D. The decision of the arbitrator, insofar as it is in conformance with paragraph "C" herein above,
shall be final and binding on the aggrieved employee, Union, and City.
E. The expense of the arbitrator shall be borne equally by both parties, except that if either side
desires a written transcript, such side shall bear the costs thereof. Expenses in connection with
attendance of participants and witnesses for any party shall be paid by the party producing such
participants and witnesses.
F. Any decision of the arbitrator shall not be retroactive more than 15 working days prior to the
date the grievance was submitted. The City will incur no liability for back pay more than 30
days following the arbitration hearing.
Section 5.Miscellaneous
A. The parties will cooperate in the investigation of any grievance, providing all pertinent
information as may be requested for the processing of a grievance.
B. No reprisals of any kind shall be taken against any party in interest participating in the grievance
procedure.
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C. No record dealing with the processing of a grievance shall become a part of the personnel files
of individual employees; however, ultimate records of adverse actions against employees may
be included in personnel files.
D. No employee shall be required to discuss a written grievance if a Union representative is not
present.
E. In order to prevent the filing of a multiplicity of grievances on the same question of
interpretation or compliance where the grievance covers a question common to a number of
employees, it shall set forth thereon the names of the persons of the group and the title and
specific assignments of the people covered by the group grievance. In such event, the Union
and/or one employee shall be designated by the group of employees to act as the grievant.
F. Grievances arising at a step other than Step 1 shall be processed in the same manner except
that the grievance will be initiated with the appropriate City Manager or his/her designee rather
than with the division head or department head. Grievances relating to suspension or dismissal
shall be initiated at Step 3, however the Union shall be required to provide a copy of any such
grievance submitted at Step 3 to the employee's department head.
G. It is specifically agreed that employees who claim to have been discharged unjustly shall be
subject to the foregoing grievance procedure, and if it is found that an employee has been
unjustly discharged, he/she may be returned to work with pay for all time lost; provided that
discharge or other disciplinary action taken with respect to any probationary employees is
expressly excluded from this paragraph.
H. Where any provision of this Agreement involves responsibility on the part of the Union that, in
the view of the City, is not properly being carried out, the City may present the issue to the
Union as a grievance. If such grievance cannot be resolved by discussion between the City and
the Union on an informal basis, the grievance shall be initiated at Step 3 of this procedure by
the City Manager, or his/her designee, and submitted in writing to the Union President. If not
resolved within 21 calendar days following receipt by the Union of the written grievance, the
City may submit the grievance to arbitration under the provision of this Article.
I. The time limits of a grievance at any level may be extended by mutual written consent of the
parties. If a grievant fails to submit or advance a grievance at any step in the process within the
prescribed time limit as defined above, the written determination received by the grievant from
the respondent at the prior step shall be considered accepted by the grievant, and the grievance
shall be considered resolved. If the City fails to respond to a grievant at any step in the process
within the prescribed time limit as defined above, the Union may advance the grievance to the
next step in the process.
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ARTICLE 7
PERSONNEL PRACTICES
Section 1.Regular Work Hours
A. The regularly scheduled work week of the employees in the bargaining unit will be from 12:01
a.m. Saturday to midnight Friday. Employees’ hours of work excluding unpaid meal periods
will consist of the number of hours set forth opposite the respective job class titles in the
Official Pay Plan. Employees must obtain approval from a person of competent authority
prior to working any hours outside of their established work schedule, either before their
designated starting time or after their designated quitting time or during an unpaid meal period.
B. The City shall determine and notify employees in advance of the days and times of work for
their normal work schedules. Regular full-time employees will be provided an unpaid meal
period of either thirty minutes or sixty minutes duration as determined by the respective
Department Director. The City Manager or his/her designee shall review and determine
whether, in situations where the employees’ position does not permit the employee to be freed
from his/her duties only, the employees shall instead be paid for all scheduled hours and
required to take a meal during any period of non-work time during the course of the workday.
Such determination will not be changed on a daily basis except when necessary due to
operational demands.
The City shall determine at what time applicable employees will be required to take an unpaid
meal period. Generally, the meal period will be scheduled in the middle of the work shift.
Employees who are not scheduled an unpaid meal period will not be required to take their meal
during a 15 minute paid rest period. When employees are required by the City to perform
actual job duties during any part of a meal period, they will be compensated in accordance with
applicable provisions of the Fair Labor Standards Act and this Agreement for any time worked.
All full-time employees shall be entitled to two 15-minute paid rest periods, one during the first
portion of their work shift prior to the meal period and one after the meal period. Full-time
employees who work a partial day shall be provided one 15-minute paid rest period for each
four hours worked. If employees opt not to utilize such rest periods, the City shall not be
deemed to have violated this section. Employees shall not have the right to accrue or otherwise
utilize rest periods to alter their work schedule. Paid rest periods must be taken in their entirety
and may not be subdivided into shorter increments.
Part-time employees shall be granted meal or rest periods in accordance with the above and
based on the number of hours worked each day proportionate to a full-time employee in the
same job classification.
Employees assigned to the Police Department Communications Division in the classifications
of Police Communication Operator Trainee, Police Communication Operator, Senior Police
Communication Operator or Police Communication Supervisor shall be allowed to combine
their 15-minute paid rest periods in conjunction with the 30 minute unpaid meal period to
provide adequate break for employees while not impeding the dynamic operational needs of the
environment. This duration of time should be scheduled during the middle of the shift and may
not be used to alter or shorten the work day.
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C. When an employee is required by his/her respective Department Director to attend training or
job-related workshops, such time spent in training shall be paid and counted as hours worked
toward the calculation of overtime. Meal periods shall not be included as such hours worked.
However, if the time spent in training alone is less than the employee’s regularly scheduled
hours of work for the day, and it is not practical as determined by the employee’s department
for the employee to report to work before or after the training, the employee will be paid for
the number of his/her regularly scheduled hours for the day.
D. The number of days of work in a specific work week for employees in the bargaining unit may
vary between four, five, or six days. Whenever practicable, each employee’s regularly scheduled
work week will consist of two days off per week, exclusive of overtime, standby, or recall. Each
full-time employee and any part-time employee requesting such will be granted at least one day
off per week, exclusive of overtime, standby, or recall.
E. An employee's work schedule will not be changed arbitrarily, and the employee will be given
reasonable notice consistent with the City's planning of its needs. Forty-eight hours will be
deemed reasonable notice. A change in work schedule shall be considered to be a change in the
established regular days or hours of work constituting the employee’s normal work schedule.
The requirement to continue working beyond the normal end of a work shift when directed by
competent authority to complete duties, tasks, or work assigned on the same work day shall not
constitute a change in the employee’s work schedule.
F. Employees may request, and with the prior approval of their respective Department shall be
permitted to adjust or “flex” their hours of work within a specific work week. The City may
request whether or not employees are interested in voluntarily flexing their work hours.
However, the City shall not require employees to flex their work hours solely to avoid the
payment of overtime, and shall not discipline employees for electing to not voluntarily flex their
work hours. This provision shall not impede the City’s ability to adjust employees’ work
schedules or to assign overtime when operationally necessary in accordance with applicable
provisions of this Agreement.
G. Employees are expected to be at their work station and prepared to work at their appointed
starting time. Employees will work until released by competent authority and will not leave
their work station or locations before their appointed quitting time.
H. Employees will be paid in increments of one-quarter of an hour. Employees will not be docked
pay for up to the first seven minutes and fifty-nine seconds after their appointed starting time.
Employees will not be paid for periods of work performed in increments of seven minutes and
fifty-nine seconds or less. For example, an employee who reports to work seven minutes and
fifty-nine seconds after his/her appointed starting time shall be considered tardy, but shall not
be docked pay. An employee who works eight minutes or more beyond his/her appointed
quitting time shall be eligible to be paid in increments of 1/4 hour for all such time.
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Section 2.Appointments & Promotions
A. All appointments to positions in the bargaining unit shall be made on the basis of merit and
fitness for the position to be determined as far as practical and possible by competitive
examination or other evaluation process under the policies and practices of the Human
Resources Department. The City Manager or designee; upon notifying the Union or Union
designee, may authorize the placement of a candidate at a rate above the established entry of
the salary range not to exceed ten percent (10%) for a classification based on the candidate’s job
related education, training and experience as well as any recruiting or retention issues.
Employees may review their own respective examination or evaluation results upon request.
The Union local president or designee (excluding any applicant shall be permitted to review
individual examination or evaluation results upon request and take such notes as necessary for
the purpose of determining whether to file or pursue a grievance.
B. Announcements for competitive exams or evaluation processes will be provided to each City
Department for posting at each appropriate work location at least 10 work days prior to the
filing deadline.
C. The City agrees to use to the maximum extent the skills and talents of existing employees in the
unit in order to achieve the resulting benefits of higher morale and reduced turnover. In filling
positions in the unit, the City will give concurrent consideration to persons in and outside the
unit, but all other factors being substantially equal, will fill such positions by selection from
eligible candidates in the unit. This shall not preclude the City from giving promotional
examinations restricted to City employees.
D. Promotional Lists -- The names of all persons who may be lawfully appointed and who shall
have attained a passing grade on any promotional or open competitive examination or
evaluation processes shall be placed on the appropriate promotional list.
E. Duration of Eligibility -- All bargaining unit members appearing on appointment eligibility
lists shall remain eligible for a period of one year from the date of the establishing of the
member’s name on the appropriate list. Bargaining unit members appearing on reemployment
eligibility lists shall remain eligible for reemployment for a period of one (1) year from the date
of separation.
F. Removal of Names from Lists -- Names of eligibles shall be removed from appropriate
eligible lists by operation of any of the following:
1. Appointment through certification from such list to fill a permanent position.
2. Declination of Appointment: Failure to respond to any inquiry of the Human Resources
Department regarding availability for appointment.
3. Separation from the City service of an employee on a promotional list.
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4. Disability (in accordance with the Americans with Disabilities Act) that prevents the eligible
from performing satisfactorily the duties of the position with or without a reasonable
accommodation.
5. Determination by the Human Resources Director that the eligible has been found to lack
any of the established qualifications for the position.
G. Types of Appointments -- All vacancies in the bargaining unit shall be filled by appointment
from the appropriate eligibility list, as determined by the Hiring Department and the Director
of Human Resources. Selection criteria shall be developed by the City and reviewed by the
Human Resources Department. Such criteria, including relevant qualifications and seniority as
described in Article 14, Section 1,B, shall be noted on the job announcement at the time of its
posting. Action plans more than two years beyond successful completion shall not be
considered as factors in any appointment decision involving an existing employee. An
employee who is not selected for promotion shall be afforded, upon request, a meeting with the
respective hiring department and/or Human Resources to be provided an explanation of the
selection criteria and the manner in which it was applied, and including a review of areas
whereby improvement may make such employee better qualified.
H. Promotions -- Whenever an employee having regular status successfully competes in an open
competitive examination and receives an appointment to a class of a higher level, such
appointment shall be considered a promotional appointment. A class of a higher level shall be
deemed to be one having a higher maximum rate of pay.
I. Demotions -- An employee may request to be permitted to voluntarily demote to a position at
the same or lower level requiring essentially the same or lesser qualifications within a class series
or for other classes in which the employee was previously certified. Such employee’s name
shall be provided to the hiring department along with the certified eligibility list, but shall not
establish any entitlement or right of the employee to the vacant position, and it shall be the sole
discretion of the hiring department to select such employee. An employee who is selected for a
voluntary demotion to a position as a trainee in an established apprentice program requiring
essentially the same or lesser qualifications within a class series shall be permitted to maintain
his/her rate of pay upon appointment to the new classification, but shall be required to fulfill all
requirements of the trainee position within any prescribed time limit, or shall be subject to
dismissal from employment or the requirement to obtain alternate employment with the City.
Such employee shall not receive a promotional pay increase upon completion of the respective
requirements for advancement, unless rate of pay falls below the minimum pay for the
promotional classification. Employee maintains his/her current annual performance evaluation
date in effect at the time of the demotion for determining eligibility for subsequent merit pay
increases.
J. Order of Certification -- The Human Resources Director shall determine the order of
certifications which may be by test score, alphabetically, by special qualification or as otherwise
determined appropriate.
K. Temporary and Emergency Appointments
1. Whenever there is need of an employee for a temporary period, the Human Resources
Director shall certify the names of persons on the appropriate eligibility list in accordance
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with City Civil Service Rules. The acceptance or refusal by an eligible for a Temporary
appointment shall not affect his/her standing on the eligible list.
2. When it is impossible or impracticable to fill a position or when an eligibility list does not
currently exist for a position classification, the Hiring Department and the Human
Resources Director may appoint any qualified person to such position via an Emergency
Appointment without competitive evaluation in accordance with City Civil Service Rules
and Regulations.
3. The Union shall be provided upon request a list of all current Emergency Appointments.
L. Probationary Periods
1. All persons initially employed or promoted to, or within, the bargaining unit shall have to
serve a probationary period. During the probationary period, management shall observe
and review the employee's job performance, attendance, attitude and adherence to
Department and City requirements and such other factors as in the City's determination are
important factors to consider with respect to continuing the employee in the position.
2. The probationary period shall consist of six consecutive months or the equivalent with the
exception of the Police Communication Operator Trainee (PCOT) classification in which
the probationary period is one (1) year. The City may extend such probationary periods for
up to three additional months. Regular part-time employees shall be required to complete
1040 hours of actual work in a class which has a normal full-time work schedule of 40
hours per week or of completing 975 hours of actual work if employed in a class which has
a normal full-time work schedule of 37-1/2 hours per week, provided that in no event shall
such regular part-time employee be deemed to have completed a probationary period in less
than six calendar months; Regular part-time PCOT’s shall not have completed a
probationary period in less than one (1) calendar year.
3. Determination that the employee has not successfully completed the probationary period
shall be made by the City. The promotional probationary employee who does not
successfully complete the probationary period may have his/her probationary period
extended for up to three months; or shall have the right to be returned to the employee’s
former position at any time up to five work days following the completion of the
employee’s first month probationary performance review; or may be re-assigned subsequent
to five work days following the completion of the employee’s first month probationary
performance review to another position at the same or lower level for which the employee
is determined to be qualified and with no loss of pay from the employee’s position prior to
promotion; provided in any case that there is no cause for dismissal. Employees who take
advantage of the opportunity to revert to their position held prior to promotion within the
requisite time period of up to five work days following the completion of their first month
promotional probationary review shall have their annual performance evaluation date
returned to the date that was effective prior to the promotion rather than the date of the
return to the former position or voluntary demotion. The entrance probationary employee
who does not successfully complete the probationary period may have his/her probationary
period extended for up to three months, or shall be separated from employment.
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4. Time served during a Temporary appointment in the same job class immediately preceding
regular employment status shall be credited toward the time required to be served in the
probationary period in the same Department and the same division.
5. In the event that an employee is for any reason absent from duty for an accumulated period
of scheduled work hours equivalent to more than nine work days prior to the completion of
the probationary period, all such time off may be used to extend the prescribed
probationary period.
6. If a promotional probationary employee has committed a serious infraction which warrants
dismissal, then the employee shall be dismissed and not returned to his/her former
position.
7. Any newly hired employee who is separated during or at the end of the expiration of the
probationary period, or newly promoted employee who is returned to his/her former
position, shall have no right of appeal or grievance relating to such action.
M. Job Classification Review
An employee, for good and sufficient reasons, may request a review for a change in
classification. Such request shall be submitted in writing to the employee’s department director
first. The department director shall review the request and send it, with his/her
recommendation, to the Human Resources Director for review as to its justification. The
Human Resources Director shall review the request and recommend to the City Manager or
designee the appropriate action. The decision of the City Manager is final and binding.
Section 3.Health & Safety
A. The City and the Union will cooperate in establishing a sub-committee of the
Labor/Management Committee with the continued objective of eliminating accident and health
hazards. This committee will meet on a regular basis and may make written recommendations
to the City regarding unsafe conditions or ideas for City safety. The City will consider written
recommendations from the committee and will implement solutions to these conditions where
practicable or shall appear before the committee or provide a written response as to why said
solutions are not practicable. The committee will not be utilized to determine fault or to reach
any conclusion or determination regarding potential disciplinary action.
B. The City will provide any safety equipment and devices for employees engaged in work where
such special devices and equipment are necessary and are specifically required by the City.
Employees not utilizing safety equipment which is specifically required by, and furnished or
paid for by the City, shall be subject to denial of work and/or disciplinary action.
C. Employees will not suffer any position penalty nor be financially responsible for damage to City
property occasioned by accident which is not caused by negligence.
D. The City shall continue to maintain a cleanup room with sanitary showers for the use of all
employees whose employment presents a threat of disease due to their exposure to unsanitary
conditions in those areas where it is currently doing so. If the Union believes that new
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locations or areas exist which they feel should have cleanup rooms with sanitary showers for
use by employees, they shall advise the City at a Labor-Management meeting and the City shall
initiate a review of the need.
E. The City agrees to periodically review the availability of discount programs through third parties
for employees who wish to purchase safety equipment not required and provided by the City.
F. No employee shall be required to work more than 16 hours in any day, except in an emergency.
G. The City shall provide free access for all bargaining unit members, and family members who
are currently enrolled on the City’s health insurance plans, to any City recreational facility.
Additional fees for programs conducted at such facilities shall be borne by the employee. It
is understood by all parties that the decision whether to use such facilities is completely
voluntary on the part of the bargaining unit members, and time spent using such facilities
shall neither be paid nor will any accidents or injuries incurred while utilizing such facilities
be compensable under workers compensation.
Section 4.Paycheck Issuance
Pay advice shall be available to be issued to employees by 9 a.m. of their respective workdays
on the same day that the pay advice is dated. Employees will receive biweekly the entirety of their
pay direct deposited by electronic transfer.
Employees will have 90 (ninety) days to arrange for direct deposit from January 1, 2018 or the
ratification date of this contract, whichever date is later.
Section 5.Communications
Employees shall be prohibited from engaging in any form of work-related communication that
may be considered compensable during any unpaid hours outside of their scheduled work hours
without first obtaining approval from a person of competent authority. This includes the use of
City issued cell phones and land-line City work phones, direct-connect communications (push to
talk or walkie-talkie), text messaging, radio communications, and the use of a City computer or
remote access to the City computer system (including e-mail).
Employees shall not use their personal communications devices for non-emergency
communications during work hours except for paid breaks and meal periods. Such personal
communications shall be of short duration, conducted in a safe manner, and shall not adversely
impact operations. Violation of these provisions shall be considered grounds for discipline.
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ARTICLE 8
LEAVES OF ABSENCE
Section 1.Holidays
A. Designated Holidays
The following days shall be observed as designated holidays for regular full-time and part-time
employees.
New Year's Day Labor Day
Martin Luther King Day Veterans' Day
Presidents' Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
Note: Emergency, Temporary, temporary part-time, and other non-regular employees shall not
receive holiday pay.
1. Regular part-time employees shall be eligible to receive holiday pay at a prorated amount
based on 20% of the weekly average of the employee’s annual budgeted hours.
2. When a City designated holiday falls on Saturday, the preceding Friday shall be designated a
substitute holiday and observed as the official holiday for the year for non-shift employees.
When a City designated holiday falls on Sunday, the following Monday shall be designated a
substitute holiday and observed as the official holiday for that year for non-shift employees.
All designated holiday pay considerations are applicable to the designated holiday.
3. Designated holidays which fall on an employee’s regularly scheduled work day shall count
as hours actually worked for the purposes of calculating overtime. The City shall not
arbitrarily adjust work schedules to preclude a designated holiday from falling on an
employee’s regularly scheduled work day.
4. Employees who are required to work on a designated holiday shall receive time-and-one-
half their regular pay for all hours actually worked on the holiday plus holiday pay at the
employees’ regular rate of pay.
5. An employee scheduled to work a designated holiday and who, without notice and valid
reason therefore, in the judgment of the City, fails to report for such work, shall forfeit
holiday pay as well as losing regular pay for the number of hours he/she would have
worked.
6. Employees on vacation leave, jury duty, sick leave and other absences from duty but on a
regular pay status on the day the designated holiday is observed must use the holiday on the
same day that it is observed.
7. An employee must work or be in a paid status on his/her regularly scheduled work day
immediately preceding and on his/her regularly scheduled work day immediately following
a holiday to be entitled to any compensation for the holiday. Employees who are absent
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from work in a non-pay status (such as an employee receiving Workers’ Compensation who
has exhausted the injury benefit and sick leave, leaves of absence without pay, etc.) on either
their regularly scheduled work day immediately preceding or immediately following the
designated holiday shall not be paid for holidays falling within such periods.
8. If an employee calls in sick in accordance with established notification requirements when
scheduled to work on a designated holiday, the employee shall receive holiday pay
equivalent to the number of hours the employee is scheduled to work on the holiday and
shall not be charged sick leave.
9. Pay Procedures for Designated Holidays
a)Procedure when holiday falls on employee’s scheduled work day and employee
takes the day off: Employees receive holiday pay equivalent to the number of hours
the employee is scheduled to work on the holiday in addition to pay for all hours
worked the remainder of the workweek.
b)Procedure when holiday falls on employee’s scheduled work day and employee
works part of the day, works the respective normal full work day, or works
overtime beyond the respective normal full work day: Employees receive holiday
pay equivalent to the number of hours the employee is scheduled to work on the
holiday and are paid time-and-one-half for hours actually worked on the designated
holiday.
c)Procedure when holiday falls on employee’s regularly scheduled day off:
Employee may elect to receive holiday pay equivalent to 20% of the employees’ weekly
average budgeted hours which will not count as hours actually worked for the purpose
of calculating overtime in addition to pay for all hours worked the remainder of the
workweek; or may elect to designate as a holiday and not work his/her regularly
scheduled work day which immediately precedes or immediately follows the City
designated holiday within the same pay week, in which case the employee will receive
holiday pay equivalent to the number of hours the employee is scheduled to work on
that day, and such hours for holiday pay would count as hours actually worked for the
purpose of calculating overtime.
B. Floating Holidays
In addition to the designated holidays above, employees shall be entitled to up to three floating
holidays per payroll calendar year. Employees receive floating holiday pay equivalent to the
number of hours the employee is scheduled to work on the floating holiday in addition to pay for
all hours worked the remainder of the workweek. Regular part-time employees shall be eligible to
receive floating holidays at a prorated amount based on 20% of the weekly average of the
employee’s annual budgeted hours. Floating holidays may be utilized in full-day increments only,
regardless of the number of hours the employee is scheduled to work on the day the floating
holiday is utilized. Floating holidays shall count as hours worked for the purpose of calculating
overtime.
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1. Designated holidays or any day an employee is not scheduled to work may not be selected as
a floating holiday.
2. Floating holiday requirements for new hires are as follows:
a) No employee may utilize floating holidays until 60 calendar days after his/her date of
employment.
b) Any bargaining unit member employed between January 1 and March 31 shall receive
three floating holidays to be utilized during the calendar year of hire.
c) Any bargaining unit member employed between April 1 and June 30 shall receive two
floating holidays to be utilized during the calendar year of hire.
d) Any bargaining unit member employed between July 1 and September 30 shall receive
one floating holiday to be utilized during the calendar year of hire.
e) Any bargaining unit member employed on or after October 1 shall not receive any
floating holidays during the calendar year of hire.
3. Floating holidays may not be carried over from one calendar year to another.
4. Floating holidays are scheduled at the mutual convenience of the employee and the
respective Department. Generally, 48 hours shall be considered reasonable notice for
requesting the use of floating holidays. However, the respective Department Director or
designee shall have the sole discretion to approve such requests if practicable when
provided with less than 48 hours notice.
5. Upon an employee's separation from the City, the employee will receive a lump sum
payment at the employee’s current base rate of pay for his/her remaining floating holiday
balance, or if retiring may use such balance to advance the date of retirement.
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Section 2.Vacation
A. Vacation Accrual
Vacation Accrual for 37.5 Hour Employees
Years of Service Biweekly Accrual Vacation Days
0 2.885 0
1* as of anniversary date 2.885 10
2 2.885 10
3 3.173 11
4 3.462 12
5 3.750 13
6 4.039 14
7 4.327 15
8 4.327 15
9 4.327 15
10 4.615 16
11 4.615 16
12 4.904 17
13 5.192 18
14 5.192 18
15 5.481 19
16 and over 5.769 20
Vacation Accrual For 40-Hour Employees
Years of Service Biweekly Accrual Vacation Days
0 3.077 0
1* as of anniversary date 3.077 10
2 3.077 10
3 3.385 11
4 3.692 12
5 4.000 13
6 4.308 14
7 4.615 15
8 4.615 15
9 4.615 15
10 4.923 16
11 4.923 16
12 5.231 17
13 5.538 18
14 5.538 18
15 5.846 19
16 and over 6.154 20
B. Maximum amount of vacation leave that may be accumulated is 240 hours.
C. The vacation year shall be the payroll calendar year.
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D. Vacation leave will accrue on a biweekly basis and will be pro-rated according to hours in a paid
status and excluding overtime, standby, recall or call back hours, or any hours paid by workers
compensation.
E. The borrowing or advancing of vacation leave prior to its accrual is prohibited.
F. Employees must be employed for six calendar months prior to requesting the use of vacation
leave.
G. New full-time employees who fail to complete six calendar months of service are not paid for
any accrued vacation leave. New part-time employees who have not obtained the requisite
number of hours equivalent to 1040 hours are not paid for any accrued vacation leave.
H. All employees must be granted a minimum of two weeks vacation per calendar year if properly
requested by the employee in accordance with Department vacation selection procedures.
Vacation leave may not be carried in an amount above the vacation cap. If vacation leave in
excess of the cap is not taken, it is forfeited, except when a Department cannot schedule or
cancels previously scheduled vacation time due to City work needs. The canceled vacation time
must then be taken within 60 calendar days of the scheduled vacation date. No other granting
of any carryover of vacation time above the vacation leave cap is permitted.
I. A period shall be established for the purpose of vacation selection, known as a vacation pick.
This period shall be the first two work weeks in the month of December each year. All
employees will have the opportunity to submit their vacation requests for up to the number of
hours that the employee currently accrues annually for that calendar year only. Management
will review these requests and determine their operational needs and staffing requirements.
Management will grant the requests that do not interfere with the operations of the City.
However, an employee who is approved for time during the vacation pick process and then
does not have accrued vacation hours to cover the time when it arrives may be denied vacation
requests exceeding the amount of vacation hours the employee has accrued at the time of the
following vacation pick period. If more than one person requests vacation that conflicts with
staffing needs of the City, the conflict will be decided on the basis of City seniority, except that
an employee who voluntarily changes schedule or shift after the completion of the vacation
pick process shall not be given precedence over another employee on the new schedule or shift
who has already obtained approval for vacation on the same day. After the end of the vacation
pick, any request for vacation shall be based on “first come, first serve.” Seniority of a
bargaining unit member shall not be used to revoke vacation leave or other time off for which a
department has granted prior approval to another bargaining unit member with less seniority.
J. In the event an employee is promoted, demoted or transferred from a full-time position to a
full-time position with greater or lesser biweekly hours, such employee's then accrued vacation
hours shall be adjusted, as appropriate, to reflect the equivalent vacation days.
K. Regular part-time employees shall have vacation accrual prorated each payroll period based on
the actual hours in a paid status.
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L. Regular full-time employees who normally work a schedule inconsistent with the 5-day, 37-1/2
or 40 hour work schedule, shall accrue paid vacation on a schedule proportionate to subsection
A above based on the applicable biweekly schedule.
M. Upon separation from the City service, employees shall be paid at their respective current base
rate of pay at the time of separation for the unused portion of vacation leave for which they
may at that time be eligible, or if retiring may utilize such remaining vacation leave balance to
advance the date of retirement.
N. If service requirements permit, employees may, with reasonable notice and the approval of their
respective Department, use their accrued vacation in increments of tenths of an hour. 48 hours
shall be deemed reasonable notice. However, the respective Department Director or his/her
designee shall have the sole discretion to approve such requests if practicable when provided
with less than 48 hours notice. The application of this paragraph shall not be subject to the
grievance procedure.
Section 3.Sick Leave
A. Sick Leave Accrual
1. Employees shall accrue sick leave each payroll period prorated based on regular hours in a
paid status and excluding overtime, standby, recall or call back hours, and any hours paid by
workers compensation. Employees assigned to a 40-hour work week shall accrue 3.693
hours of sick leave on a biweekly payroll basis. Employees assigned to a 37.5 hour work
week shall accrue 3.462 hours of sick leave on a biweekly payroll basis. Note: Employees
earn 12 days per payroll calendar year.
2. Regular part-time employees shall be eligible to receive sick leave at a prorated amount
based on hours in a paid status in accordance with the above.
B. Sick Leave Accrual Caps
Employees hired prior to October 1, 2008 may accumulate up to 1,560 accrued hours.
Employees hired effective October 1, 2008 or later may accumulate up to 1,040 accrued hours.
C. Sick Leave Balance Transfers and Restoration
1. Sick leave balances are restored to an employee recalled from layoff or returned from a
leave of absence.
2. Sick leave balances remain the same upon transfer to another Department or classification
with the same hourly work week.
3. Sick leave balances are converted to equivalent days if an employee changes classification to
that with a different hourly work week (i.e., 40-hour work week to 37-1/2 hour work week
and vise versa).
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4. No sick leave balances are restored after a break in service. An employee will have a break
in service if the employee is rehired by the City six months after the date of resignation or
retirement or one year after a layoff. Authorized leaves of absence, suspensions,
reinstatements after disability retirement or dismissal, and layoffs of less than one year will
be counted as continuous service and shall not be a break in service.
D. Calculation for Use of Sick Leave
1. Sick leave may be authorized in increments of tenths of an hour.
E. Authorized Use of Sick Leave
Sick Leave usage shall be authorized for the following absences:
1. Due to personal illness or physical incapacity.
2. Due to exposure to contagious disease in which the health of others would be endangered by
the employee’s attendance on duty.
3. Due to dental appointments, physical examinations, or other personal sickness prevention
measures.
4. Due to illness of a member of the employee’s immediate family that requires the employee’s
personal care and attention. “Immediate family” shall mean parents, step-parents, children,
step-children, foster-child(ren), minor-guardianship(s),grandparents, grandchildren, brothers,
sisters, present spouse and the “immediate family” of the employee’s spouse, domestic partner
of record as defined in accordance with criteria, policies, and procedures determined by the City
and the “immediate family” of the employee’s present domestic partner of record, or other
family member living in the employee’s immediate household. Employees may be required to
produce legal justification for Foster Child(ren)/Minor Guardianship(s).
Employees found to be utilizing Sick Leave for any reason other than those stated above shall
be subject to disciplinary action up to and including termination.
Employees shall be authorized to use Sick Leave as it is accrued. Employees’ requests for sick
leave to be used for doctor’s appointments shall be submitted with at least 24-hour notice, except
the requirement shall be waived where the employees is able to demonstrate to his/her department
director an emergency exists. The employees’ respective department reserves the right to not
approve such requests when advance notice is not provided or the employees’ absence will
adversely affect operations. Employees shall be required to notify their immediate supervisor or
management representative to request approval for sick leave each day that they are absent, except
that an employee who has been approved for a continuous FMLA absence only shall be required
to comply with the reporting procedures outlined in the City’s FMLA Policy instead. Such
notification requests shall be provided through personal contact, except where the employee is able
to demonstrate this is not possible. Failure to obtain approval for sick leave from competent City
authority shall result in any such time being considered an unauthorized absence and in the denial
of paid sick leave.
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Employees may voluntarily submit acceptable evidence such as a certificate from a medical
doctor to substantiate the reason for requesting Sick Leave, or they may be required to do so when
requested by their respective department director if the employee is absent from work for three
consecutive work days or if the respective department director has reason to question the
legitimacy of the absence. Employees may also be required to submit a certificate from a medical
doctor on a continuous basis only in conjunction with a development plan established between the
employee and the employee’s respective supervisor. A valid doctor’s certificate shall be a written,
typed, or printed statement from the doctor specifying the date(s) of visit/consultation with the
doctor, the date the employee is authorized to return to work, any conditions or limitations
imposed by the doctor, and the signature of the doctor or his/her designee. The City reserves the
right to substantiate the legitimacy of any certificate submitted by an employee as evidentiary
reason for the use of Sick Leave.
When an employee has a documented serious health condition, the City shall provide the
employee with Family and Medical Leave Act request forms to be completed by the employee’s
physician, which may be used to authorize use of Sick Leave in accordance with the terms of the
Act. If approved, the completed FMLA forms shall be utilized to relieve the employee from the
requirement to provide a doctor’s certificate for one initial continuous absence only.
Employees who utilize sick leave may be required to undergo fitness for duty or maximum
physical capacity examination in order to determine the employee’s ability to return to work in
the same job classification or whether the employee may require a reassignment upon return to
work. All such leaves shall be administered in accordance with the Family Medical Leave Act
where applicable.
F. Payment for Unused Sick Leave
1. Upon separation from the City service, an employee shall be paid for one-half of his/her
accumulated unused sick leave up to a maximum payout of 520 hours for employees with a
1,040 hour cap or 780 hours for employees with a 1,560 hour cap, or may use such amount of
sick leave to advance the date of retirement. The rate of payment shall be based on the current
base hourly rate (excluding shift differential or any other addition to base pay) of the employee
on the last day worked prior to separation. The hourly rate will be adjusted in accordance with
base biweekly pay if the employee is on a work schedule other than 40 hours per week. The
payment will be made provided:
a) The employee is retiring on City Pension.
OR
b) The separation is involuntary on the part of the employee including disability (incurred on
or off the job) and layoffs.
OR
c) The employee’s estate shall receive payment if an employee dies.
OR
d) The employee is at least sixty five years of age and has a minimum of ten years of service.
2. An employee who has been dismissed for cause shall have no claim for sick leave payment.
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G.Injury from Other Employment
1. An employee may not utilize accumulated sick leave for absences resulting from an injury
arising out of and in the course of employment, other than City employment, for which
monetary or other valuable consideration is received or expected. Any employee who
utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for
absences resulting from an injury arising out of and in the course of employment, other
than City employment, may face disciplinary action up to and including termination.
H. Use of Leave After Accrual
1. Employees may be authorized to use sick leave after it is accrued. The employee may be
required to submit acceptable evidence such as a medical certificate from a medical doctor
to substantiate the reason for requesting sick leave.
I. Bonus Leave Days
1. Following a payroll calendar year that a bargaining unit employee; who is full-time and has
been employee one (1) full year; uses no sick leave, or less than two days of sick leave, and
has no unexcused absences and no more than two incidents of unexcused tardiness, the
employee will be awarded bonus leave days in accordance with the following chart. Time
charged to sick leave in conjunction with funeral leave shall not be counted toward the
eligibility for bonus leave days. Bonus leave days must be used in the next payroll calendar
year. Part-time employees are not eligible.
Amount of Sick Leave Used Bonus Days Awarded
Less than one standard work day 2
One standard work day up to
two standard work days 1
a) A payroll calendar year begins with the first day of the first pay period for the first
paycheck date in the calendar year and ends with the last day of the last pay period for
the last paycheck date in the calendar year. The City agrees, when practicable, to
provide notice of the date of the beginning of the payroll calendar year and the date of
the end of the payroll calendar year on employees’ paycheck advice statements prior to
the respective payroll period in which such dates occur.
b) Bonus days are not included in overtime calculations.
c) Upon an employee’s separation from the City, the employee will receive a lump sum
payment at the employee’s current base rate of pay for his/her remaining sick leave
bonus day balance, or if retiring may use such balance to advance the date of retirement.
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J. Sick Leave Pool
1. A leave pool will be established by members of the bargaining unit subject to the following
provisions:
a) The purpose of the leave pool is to provide leave to bargaining unit members who face
significant time off without pay due to a serious illness or injury, whether job-connected
or non-job-connected, or serious illness or injury to a family member as defined Article
8.3. Section D.4. The leave pool may not be used for short time periods where an
employee may be without pay. Short time shall be defined as less than 15 work days.
b) A Union Designee or Elected Union Official shall determine use of the leave pool days,
subject to the above purpose and limitations.
i) A Union Designee or Elected Union Official may establish procedures, forms and
other rules necessary for its effective operation, provided they are consistent with
the provisions of this section and subject to the approval of the City Manager or
his/her designee. Decisions are final and are not subject to the grievance procedure.
ii) Bargaining unit members may donate days one time per year in the month of
January from their vacation leave, floating holiday, or sick leave at least one (1) day.
A day must be donated each calendar year to be eligible from program.
c) No employee shall be permitted to donate more than four days of leave per year to the
pool, unless authorized by the City Manager.
d) In the event that the leave pool balance becomes lower than 100 days, the Union
Designee or Elected Union Official may, with the prior approval of the City Manager or
designee, open up the opportunity for additional donations to be made during the
calendar year.
e) All donations of pool leave time must be in full-day increments based on the full-time,
regularly scheduled day for the employee’s respective job classification (i.e., an 8-hour or
10-hour day is a full day).
f) Donations of pool leave time are irrevocable.
g) No dollar value shall be placed on leave donations. All donations and all authorized
usage shall be computed as day-for-day.
h) When pool leave time is authorized by the Union Designee or Elected Union Official
for use by an employee, it shall be on a day-for-day basis, irrespective of the number of
hours used each day. Each day or portion thereof shall be counted as one day.
Bargaining unit members shall be eligible to be granted up to a maximum of 30 work
days or portions thereof within a 12 month period counting backwards from the start of
approved time of the most recent leave pool request.
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i.) An employee using leave pool time shall receive regular base pay and his/her regular
shift pay. However, other pays shall not be provided with leave pool days (e.g., lead pay,
acting pay, special assignment pay, etc.). Pay for authorized pool days shall not be
granted for the first 15 work days of the absence necessitating leave from the pool.
After 15 work days of such absence, the employee shall be eligible to be paid
retroactively for the first 15 work days, and shall thereafter be eligible to receive his/her
regular pay for any remaining pool days authorized.
j.) Pool leave time granted and not used in a given year by the employee receiving the
donated pool leave time shall remain with the leave pool and be carried over to the next
year. No donated pool leave time will be refunded to the donor.
Section 4.Funeral Leave
A. Employees shall be allowed up to four consecutive scheduled work days at any one time for
funeral leave to make arrangements for and/or attend a funeral or memorial service with no loss
of pay and no charge against sick leave time in the event of death in the “immediate” family.
“Immediate” family shall be defined as the employee’s spouse, domestic partner of record as
defined in accordance with criteria, policies, and procedures determined by the City, or the
employee’s or employee’s spouse’s or domestic partner’s child, parent, foster-child(ren), minor-
guardianship(s),grandparent, grandchild, great-grandchild, brother, sister, stepparent, and
stepchild. Employees may be required to produce legal justification for Foster Child(ren)/Minor
Guardianship(s).
B. Employees shall be allowed up to four consecutive scheduled work days at any one time,
chargeable to sick leave, to make arrangements for and/or attend the funeral or memorial
service in the event of death in the “extended” family. The term "extended family" as used in
this paragraph shall mean stepbrothers, stepsisters, brother's wife, sister's husband, daughter-in-
law, son-in-law, aunts, uncles, nephews, and nieces of the employee or of the employee's
spouse, or other members of the immediate household. It shall also include any blood relative
of the employee living in the employee's household.
C. Regular part-time employees shall be eligible to receive funeral leave in accordance with the
above. However, such days shall be paid at a prorated amount based on 20% of the weekly
average of the employee’s annual budgeted hours.
D. In the event that extenuating circumstances should necessitate an absence longer than four
consecutive scheduled work days to accomplish the purpose for which this section is designed,
the employee's department head, with the prior approval of the City Manager or designee, may
authorize an extension of such duration as may be necessary and proper. The request for an
extension shall be submitted in form and substance suitable to the department head and the
City Manager or designee. Compensation for approved additional days shall be chargeable to
sick leave. To be eligible for funeral leave under either section, the employee must attend the
funeral or memorial service.
The City reserves the right to require documentation substantiating the request for funeral leave
when such requests exceed two in a twelve month period, or when the City has a reasonable
basis to contest the legitimacy of such requests. Authorized documentation for such purposes
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shall include but not be limited to a certificate of death, obituary notice, memorial card, note
from the attending clergy, or documents verifying travel. Employees who request more than
two funeral leaves in a twelve month period shall be notified upon approval of any additional
funeral leave of the necessity to provide documentation to their respective department on their
return to work for the duration of the twelve month period.
E. Time Off to Attend Funerals on Personal Basis
1. Employees who wish to attend a funeral of a City employee or official or the family
member of such employee or official may request to utilize accrued vacation time, floating
holiday time, sick leave incentive day time, or may request to adjust their work hours within
the same workweek. Such requests may be made to the respective Division Head or
Department Director and may be approved by such authority. To the extent possible,
approval shall be granted; provided, however, it is understood that operational necessities
may preclude approval for a substantial number of employees.
2. An employee attending a funeral while using vacation time, floating holiday time, sick leave
incentive day time, or time off without pay is doing so on a personal basis and is not
recognized as a “City representative.” If the employee leaves from work to attend the
funeral and/or returns to work after attending the funeral, all travel time shall be included in
the vacation time, floating holiday time, sick leave incentive day time, or time to be adjusted.
3. Employees utilizing funeral leave when such leave is based on the death of a covered family
member as provided by this Agreement shall be allowed time off with pay consistent with
provisions of Article 8, Section 4. However, such employees are deemed off duty while on
funeral leave.
Section 5.Line-of-Duty Injury
A. The term line-of-duty injury is an injury which occurs on the job only when said injury is
reported on the day of occurrence and when said injury incapacitates the employee from
performing his/her job because of the injury. The City shall have the right to require the
employee to have a physical examination by a physician of its choice prior to payment of any
compensation.
B. An employee may utilize accrued sick leave, however, the amount paid shall be only that
amount permitted to supplement funds received by the employee from the Florida Workers'
Compensation Law and any other disability or other income plan provided by the City, to the
point where the sum of all payments is equal to the employee's regular base pay at the time of
injury. At such time as the employee receives his/her initial workers' compensation payment,
the City shall allow the use of accrued sick leave up to the amount necessary, when combined
with the workers compensation payment, to equal the employee's base pay. Any adjustment to
pay under this policy will be made following the employee's return to work or at the expiration
of the period for which Workers’ Compensation payments are provided under state law.
C. Should an employee become unable to perform the essential functions of his/her job due to an
on-the-job injury, the employee shall have the option of accepting a demotion or lateral
transfer; provided that an opening exists in the position to which he/she is demoted or
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transferred and provided further that he/she is capable of performing the essential functions of
that position. The City shall have the right to require the employee to take a noncompetitive
examination to determine if the employee is capable of performing the essential functions of
the position he/she seeks to fill.
D. An employee with less than 12 months employment who is injured on the job and is eligible for
Workers’ Compensation will not be charged sick leave for any medical appointments which
occur during scheduled work hours and have been approved by Risk Management.
E. The City may establish such reasonable reporting requirements as it deems necessary to insure
the application of the Workers’ Compensation Law.
Section 6.Military Leave
A. Any employee who is a member of a Reserve Component or the National Guard and who is
required to participate in active or inactive training duty shall receive leave with pay for such
duty which falls on the employee's regularly scheduled work days up to a maximum of 240
hours per calendar year without loss of seniority rights or efficiency rating. Absences from duty
for military reserve training time in excess of 240 hours per calendar year shall not be
compensated by the City. A copy of the employee's military orders certifying his/her training
assignment shall be submitted to the Department Director immediately upon receipt.
B. An employee who is required to attend military duty training which falls or occurs during
regular working hours and which exceeds the 240 hours provided in Paragraph A above will be
granted time off without pay. The employee shall be required to provide timely notice of such
training assignments to the City. When practicable as determined by the City, and upon the
request of the employee, the City will adjust the employee’s schedule in order to accommodate
participation in military duty training so that such training occurs on the employee’s days off.
C. When emergency conditions occur as determined by the City, bargaining unit employees
who are called up to active military duty shall be provided the same rights and benefits
afforded to other City employees pursuant to established City policies or guidelines in effect
at the time such conditions exist.
Section 7.Jury Duty and Court Time
A. The City shall grant leave with pay for jury duty or when an employee is subpoenaed as a
witness on the following conditions:
1. Leave with pay will be granted for those hours spent on jury duty that fall within the
employee’s regularly scheduled work hours only. Leave with pay shall be granted for time
spent in court when subpoenaed as a witness except in a case in which the litigation has
been initiated by the employee or in any case involving divorce, child support, or custody.
Employees will be paid at their base rate of pay for any hours spent in court outside of their
regularly scheduled hours of work when subpoenaed as a witness as the result of a matter
arising out of the course of their employment only.
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2. If the time interval between the end of the employee's most recently worked shift and the
reporting time of the jury summons is less than eight hours, the employee's work schedule
will be adjusted to allow a minimum of eight hours time off prior to reporting for jury duty.
Although not mandatory, management will give consideration to employees to have the
ability to change hours for special situations pursuant to this paragraph. This section shall
apply only to jury duty.
3. Hours spent in court when subpoenaed as a witness as a result of a matter not arising out of
the course of employment which are compensated under the provisions of this Article shall
not count as hours worked for overtime pay purposes. Hours spent on jury duty or in
court when subpoenaed as a witness as the result of a matter arising out of the course of
employment which are compensated under the provisions of this Article shall count as
hours worked for overtime pay purposes.
4. If an employee is excused or released by the Court before the end of his/her scheduled
work day, he/she must promptly return to work.
5. An employee must bring written evidence of jury duty service or court appearance before
compensation is approved.
6. As soon as an employee learns of selection for jury duty or court appearance, he/she must
notify the appropriate supervisor so that arrangements may be made for his/her absence
from work.
7. In the event a holiday shall occur during the period of the employee's jury duty or court
appearance, the employee shall receive pay for such holiday in accordance with this
agreement.
Section 8.Administrative Leave
The City Manager may at his/her discretion grant employees administrative leave with pay for
their normal work shift or balance thereof when circumstances dictate that they be relieved from duty
because their services are determined to be non-essential. Employees whose services are determined
to be essential and are required to work under such circumstances shall be compensated at the rate of
one-half times their regular hourly rate of pay in addition to any other compensation due for all hours
actually worked when other employees City-wide or in the same work unit have been released on
administrative leave.
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If the employee is required to work a shift which is less than the employee’s regular shift, the
employee shall be paid in accordance with the above for all hours actually worked, and shall be granted
administrative leave with pay for the remaining hours making up the employee’s regular shift. All
hours actually worked shall be counted as such for the purpose of computing overtime. Scheduled
administrative leave with pay shall not be considered as hours worked for the purpose of computing
overtime. Unscheduled administrative leave with pay shall be considered as hours worked for the
purpose of computing overtime. At least forty eight hours notice shall be considered scheduled.
Employees who are on previously approved leave are not eligible for administrative leave with pay.
Section 9.Leaves of Absence Without Pay
A. Employees are allowed to take a leave of absence without pay up to six months, if approved by
the City Manager or designee, following the expiration of all paid leave balances.
B. Upon expiration of an employee's accumulated paid leave and Family and Medical Leave when
applicable, if the employee is unable to return to work, upon written request and when
supported by medical documentation, a leave of absence without pay for not more than one
month shall be granted for the employee's continuing personal illness, at which time the case
will be reviewed by the City Manager or designee for consideration of an extension of time, if
necessary, and if requested by the employee.
C. Failure to return to work at the expiration of an approved leave shall be considered as absence
without leave and grounds for dismissal, but upon timely return from leave, the employee shall
be granted and given the same position or substantially similar position without loss of salary or
benefits.
D. There will be no accrual of benefits or seniority during such leave. During a leave of absence
without pay or any other non-paid leave or no-pay status of an employee exceeding two weeks,
the employee, if he/she desires to continue hospitalization coverage for themselves and
dependents, must pay the required premiums to the City. Failure to pay for such continuation
shall result in the loss of coverage.
Section 10.Other Time Off
An employee shall or may be granted necessary time off from his/her duties with
compensation for any of the following reasons:
A. Attendance at professional or other conventions, institutes, courses or meetings when such
attendance, in the opinion of the City Manager or designee, may be expected to contribute to
the betterment of the City service.
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B. Attendance at in-service training and other in-service meetings or programs sponsored by the
City when, in the opinion of the City Manager or designee, such meetings or programs are
designed to improve the City services and/or the employee's performance or to prepare
him/her for advancement. The provisions of this paragraph shall be deemed to include
authorized safety meetings and City-sponsored volunteer programs.
C. An employee may be permitted to adjust his/her schedule within a specific workweek, or may
be permitted to utilize paid leave, or may be granted time off without compensation upon the
expiration of all paid leave for attendance at meetings other than those specified in the
subsections above, or to attend urgent personal business, provided that such employee shall
request approval from his/her department head in sufficient time to permit the latter to make
arrangements therefore, and further provided that such time off will not seriously affect the
efficient operation of the Department.
D. Employees shall be released from duty without loss of pay while competing in City
promotional examinations that are scheduled during duty hours.
Section 11.Union Time
A. Union members shall be allowed time off with pay to attend an officially called conference,
convention, or school not to exceed a total of 400 hours per fiscal year (inclusive for all Union
members), with the approval of the affected Department Director, provided that no less than
one week’s notice is provided. In addition, the five active employee Union members for whom
the City funds the registration costs to attend the Florida Labor Management Conference or a
similar labor-management conference in accordance with Article 5 of this Agreement shall be
granted time off with pay and no charge to the Union hours above.
B. Additional time off without pay for Union activity will be granted with the approval of the
Department Director and such excused time will not exceed one week at a time.
C. Bargaining unit members utilizing Union time off under provisions of this section shall not be
eligible during the time of utilization for Worker's Compensation benefits in case of injury.
D. Union time off does not count as hours worked for the purposes of calculating overtime.
E. Union time off with pay shall be granted by the City for the purposes of grievance
representation, labor management meetings, contract negotiations, and participation as a
member or attendee of any City committee whereby the Union member appears at the behest
of and in the interest of the City. The City reserves the right to not approve such leave requests
if in its discretion it determines the absence of the Union representative will create an adverse
impact to operations. The Union shall have the right to select the number of representatives
authorized by the City to participate on the Union’s behalf on City-initiated committees, and
shall notify the City in writing of the names of those members selected by the Union. The
Union may select a substitute to replace an absent member on a City committee with the prior
permission of the substitute Union member’s respective Department Director or designee.
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The Union local president may participate as the Union representative on any committees.
The Union shall coordinate its choice of representatives so that no single work group or
division will be adversely affected. Union time off with pay shall be provided for up to five
Union Executive Board members (excluding a note taker) for contract negotiations and labor
management committee meetings.
F. The executive board of the Union shall be allowed a monthly meeting to transact any and all
business pertaining to the Union, said meeting to be allowed during work hours not to
exceed two hours at straight time.
Section 12.Maternity/Paternity/Child Care Leave
Maternity/Paternity/child care with or without pay to enable a parent to care for a newborn,
newly adopted, or seriously ill child may be granted to an employee, upon request and documentation
of need, for a period of up to twelve weeks in conjunction with leave authorized in accordance with
the Family and Medical Leave Act, provided, however, that if both parents are employees of the City,
only one parent at a time may take such leave.
Section 13.Alternate Duty & Return to Work
A. Employees who are physically unable to perform their designated jobs, with or without
reasonable accommodation in accordance with applicable law, may be assigned to alternate or
modified duty at the discretion of the City and in accordance with the skills, abilities, and
qualifications of the employee, any medical or physical restrictions placed upon the employee,
and the availability of work. Such duty assignments shall be afforded in increments of up to 30
calendar days and shall be limited to a maximum of 180 calendar days total. The employee’s
ability to return to his/her designated position and the continued availability of the alternate or
modified duty work shall be evaluated at each 30-day interval. Requests for alternate or
modified duty work shall be submitted on the appropriate forms to the Human Resources
Department. Employees designated for alternate or modified duty assignment shall be required
to notify Human Resources of any changes in their condition that may impact their ability to
perform the alternate or modified duty assignment or that may allow the employee to return to
full-duty in his/her designated position.
B. An employee may be absent from his/her designated position for a maximum of twelve
weeks or sixty work days in a twelve month period, exclusive of time authorized for leave in
accordance with an approved Family and Medical Leave Act request. This timeframe shall
include any paid or unpaid absence (to include leave time granted from the sick leave pool),
absence due to job-connected or non-job-connected injury or illness, or time served working
in an alternate or modified-duty position. An employee who is unable to perform the
essential functions of his/her designated position, with or without reasonable
accommodation in accordance with applicable law, for more than twelve weeks or sixty work
days in a twelve month period exclusive of time authorized for leave in accordance with an
approved Family and Medical Leave Act request shall be required to accept alternate
employment with the City in another job classification for which he/she is deemed by the
City to be qualified and able to perform the essential functions, with or without reasonable
accommodation in accordance with applicable law, or shall be subject to layoff.
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An employee who is laid off pursuant to this provision shall be placed on the re-
employment eligibility list for his/her designated job classification and any other job
classification of a lower level in which the employee has previously served or for which the
employee is deemed by the City to be qualified.
ARTICLE 9
WAGES & COMPENSATION
Section 1.Salary (See Appendix for listing of pay grades assigned to represented job
classifications)
A. Pay Range maximums for all classifications represented by the bargaining unit will be
adjusted by 2 % effective at the start of the payroll period that includes October 1, 2017.
Pay Range minimums and maximums for all classifications represented by the bargaining
unit will be adjusted by 2 % effective at the start of the payroll period that includes October
1, 2018. Pay Range minimums and maximums for all classifications represented by the
bargaining unit will be adjusted by 2 % effective at the start of the payroll period that
includes October 1, 2019.
Effective from the first day of the payroll period that includes October 1, 2017 to the last
day of the payroll period that ends prior to October 1, 2018, employees whose current base
rate of pay is below their respective pay range maximum and who receive a rating of Meets
Standards or better on their annual performance review shall be provided with a merit pay
increase equivalent to a 3% of the employee’s respective annual base rate of pay to be
applied to the employees’ biweekly base rate of pay, effective as of the start of the payroll
period that includes the date of the employees’ annual performance review. Any portion of
the increase which, when annualized, exceeds the respective pay range maximum shall be
paid as a one-time lump sum bonus payment, and such employees’ biweekly base rate of pay
shall be adjusted to the pay range maximum.
Effective October 1, 2017, prior to the application of the above referenced pay increase,
applicable bargaining unit members shall receive a one-time, base pay adjustment based on the
number of consecutive years they have been employed with the City since their most recent
hire date of $25.00 for every full year of service as of 9/30/2017. This pay adjustment shall be
added to the employee’s annual base salary prior to any calculations of merit increase
adjustment scheduled to occur on October 1, 2017 as outlined above. Any portion of the
above referenced one-time base pay adjustment which exceeds the employees’ respective pay
range maximum shall be paid as a lump sum cash payment.
Effective from the first day of the payroll period that includes October 1, 2018 to the last
day of the payroll period that ends prior to October 1, 2019, employees whose current base
rate of pay is below their respective pay range maximum and who receive a rating of Meets
Standards or better on their annual performance review shall be provided with a merit pay
increase equivalent to 3.5% of the employee’s respective annual base rate of pay to be
applied to the employees’ biweekly base rate of pay, effective as of the start of the payroll
period that includes the date of the employees’ annual performance review. Any portion of
the increase which, when annualized, exceeds the respective pay range maximum shall be
37
paid as a one-time lump sum bonus payment, and such employees’ biweekly base rate of pay
shall be adjusted to the pay range maximum.
Effective from the first day of the payroll period that includes October 1, 2019to the last day
of the payroll period that ends prior to October 1, 2020, employees whose current base rate
of pay is below their respective pay range maximum and who receive a rating of Meets
Standards or better on their annual performance review shall be provided with a merit pay
increase equivalent to 3% of the employee’s respective annual base rate of pay to be applied
to the employees’ biweekly base rate of pay, effective as of the start of the payroll period that
includes the date of the employees’ annual performance review. Any portion of the increase
which, when annualized, exceeds the respective pay range maximum shall be paid as a one-
time lump sum bonus payment, and such employees’ biweekly base rate of pay shall be
adjusted to the pay range maximum.
Effective October 1, 2019, prior to the application of the above referenced pay increase,
applicable bargaining unit members shall receive a one-time, base pay adjustment based on the
number of consecutive years they have been employed with the City since their most recent
hire date of $25.00 for every full year of service as of 9/30/2019. This pay adjustment shall be
added to the employee’s annual base salary prior to any calculations of merit increase
adjustment scheduled to occur on October 1, 2019 as outlined above. Any portion of the
above referenced one-time base pay adjustment which exceeds the employees’ respective pay
range maximum shall be paid as a lump sum cash payment.
B. Newly hired employees shall receive their first annual performance evaluation one year from
their initial date of hire, and if rated Meets Standards or better, shall receive any applicable
pay increases as of the start of the payroll period that includes the date of the initial one-year
performance evaluation. Such employees shall be eligible for their next annual merit pay
increase, if applicable, at the start of the payroll period that includes the following October 1
subsequent to the initial one-year performance evaluation. Upon receiving a rating of Meets
Standards or better, such employees shall at that time receive a pro-ration of the applicable
pay increases based on the number of days between October 1 and the date of the initial
one-year performance evaluation, and shall have their annual merit pay increase date
adjusted to the October 1 date thereafter.
Employees shall maintain their established performance evaluation date upon changes in
classification, to include promotion to a higher level classification, demotion to a lower level
classification, or transfer to another classification at the same level. Employees shall receive
any applicable increase or decrease in rate of pay at the start of the payroll period that
includes the date of the employees’ change in classification, and shall be eligible to receive
the full merit increase as provided for above at the start of the payroll period that includes
the date of the employees’ annual performance evaluation.
C. In accordance with provisions of the City of Clearwater Pay Plan, bargaining unit members
who are determined by their respective department to not meet standards or who receive a
rating of Improvement Expected on their annual performance evaluation, and who
subsequently receive a rating of Meets Standards on their initial or secondary 3-month follow-
up performance evaluation, shall be eligible to receive any applicable pay increases effective on
the date of the respective 3-month follow-up performance evaluation the employee is
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determined to meet standards. Such employees shall be eligible for their next annual merit pay
increase, if applicable, on the following October 1 subsequent to the successful 3-month follow
up performance evaluation, and upon receiving a rating of Meets Standards or better at that
time shall receive a pro-ration of the above applicable pay increases based on the number of
days between October 1 and the date of the successful 3-month follow-up performance
evaluation, and shall continue to be eligible for any applicable merit pay increase on the
October 1 date thereafter. Employees who receive a rating of Improvement Expected on their
annual performance evaluation and both the initial and secondary 3-month follow-up
performance evaluations shall not receive a merit increase, and shall be revaluated again after
one year from the date of the initial evaluation that was rated Improvement Expected.
D. Within budgetary allocations, the City Manager or designee, upon notifying the Union or Union
designee, may authorize base pay increases. Such pay adjustments may be approved to respond to
external labor market conditions, to address recruitment and/or retention issues, or to resolve
internal organizational pay equity concerns.
Section 2.Overtime
A. All employees outlined in the Pay Plan as eligible for overtime shall receive 1-1/2 times their
regular rate of pay for all hours worked in excess of 40 hours per week. Employees shall only
work overtime hours as directed or permitted by managerial personnel. Sick leave, vacation,
and other time not worked except designated City holidays and floating holidays shall not count
as hours worked for overtime purposes.
B. Overtime will not be assigned unfairly. Whenever practicable, the City will offer overtime
assignments to perform work applicable to the CWA bargaining unit to available and qualified
members of the bargaining unit prior to offering such assignments to non-bargaining unit
personnel.
1.All overtime must be approved by the respective Department Director or Manager prior
to any employees working outside their established work schedule.
2.The respective Department will determine if employees possess the qualifications, skills,
and ability necessary to perform the required work prior to assigning the overtime.
3.Overtime will be assigned on a voluntary basis unless the respective Department
Director or designee determines there is an emergency situation or there is not a
sufficient number of employees available on a voluntary basis to perform the work. For
an emergency situation or when an insufficient number of employees is available on a
voluntary basis, overtime will be mandatory.
4. When additional work hours are required to complete necessary work and cannot be
scheduled at least 48 hours in advance, the personnel working the assignment during
normal work hours will be offered the additional work hours on a voluntary basis first,
and then other employees possessing the qualifications, skills, and abilities necessary to
perform the work will be offered the additional work hours on a voluntary basis. In
order to minimize overtime costs, employees may be afforded the option of “flexing” the
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additional work hours within the same work week on a voluntary basis. If an insufficient
number of employees working the assignment is available on a voluntary basis,
employees working the assignment may be required to remain on duty until the work is
completed. If additional personnel are needed, an overtime list developed by the
respective Department with input from the applicable employees will be used to
determine the order of selection for holdover, call-back or call-in.
5. When necessary work can be scheduled with reasonable notice at least 48 hours in
advance, the respective Department Director or management designee will determine
whether to modify employees’ work shifts, authorize overtime, or allow employees to
request to flex their work schedules.
C. Any full-time employee who is required to work two consecutive full shifts in a twenty-four
hour period will be provided $10.00 for meal money.
Section 3.Standby and Recall (Mutually Exclusive)
A. Standby shall be paid at the following rates during the term of this contract.
Monday –Friday Saturday & Sunday Extended Time During Holidays
$35 Per Night $40 Per Day $45 Per Day
Daily standby (Monday-Friday) shall begin at the end of each regular workday and shall end at
the beginning of the next workday (16-hour period). Weekend standby shall begin at what
would be the normal starting time on Saturday and shall conclude at the beginning of the
regular workday on Monday (48-hour period). Extended Time During Designated Holidays
shall apply when an employee assigned to standby continues in standby assignment for an 8-
hour extended period for a designated holiday. In addition to the above amounts, an employee
who is called out to work while on Standby duty shall be credited with one hour work time or
the actual hours worked during the entire Standby period, whichever is greater. An employee
assigned to Standby who receives a work-related phone call during the Standby period and who
conducts City business without being called out to work shall be credited with one-tenth of an
hour or the actual amount of time of the phone call, whichever is greater, for each such phone
call received.
B. Recall (Call-out, Callback, and Call-in): If an employee is called back to work after the
employee's normal work day and returns to work, or if an employee is called back to perform
needed work after the employee’s regular shift ends and the employee has already left the job,
or if an employee is called in to perform needed work on a weekend, holiday, or other
equivalent period during which the employee would not otherwise have worked, the employee
shall be credited with two hours work time or the actual hours worked, whichever is greater.
Time shall be computed from when the employee reports on-duty, and ceases when he/she
reports off-duty.
C. Time beyond an employee’s regular work schedule when assigned and scheduled in advance,
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either as a continuation of a present shift assignment or the requirement to work on an
employee’s regular non-workday(s) shall not be subject to any minimum guarantee pay or
hours. However, all time worked shall be credited toward hours worked for regular and
overtime pay purposes.
D. Employees shall not be assigned to standby duty if excused in advance by managerial personnel
for approved vacation, float holiday, sick, or other absence during normal work shift, and in all
cases the Department will seek volunteers prior to assigning standby duty. The City shall have
the right to specify requirements needed for standby, including skills, dependability and ability
to report timely, and employees not meeting said requirements may not volunteer for such
standby.
E. Any employee assigned to standby and who, during the period of such standby assignment, is
not readily available as required or who is or becomes unable to perform his/her work duties
shall be subject to discipline, except that an employee who becomes sick or injured and
immediately notifies his/her supervisor shall not be subject to discipline. The City may require
evidence in the form of an excuse from a medical doctor of such injury or illness.
Section 4.Shift Differential
Regular, full-time employees (other than those utilizing flex-time) shall be entitled to 6% shift
differential pay above the employees’ base rate of pay for all hours when the majority of their regularly
scheduled hours for the work week fall between 4:00 PM and 12:00 AM, regardless of the starting or
ending time of the employee's shift. Regular, full-time employees (other than those utilizing flex-time)
shall be entitled to 8% shift differential pay above the employees’ base rate of pay for all hours when
the majority of their regularly scheduled hours for the work week fall between 12:00 AM and 8:00 AM,
regardless of the starting or ending time of the employee's shift.
Section 5.Acting Pay
An employee who is assigned to work in an “acting” capacity in a higher level classification for
more than 10 consecutive work days shall receive acting pay retroactive to the day the acting
assignment began. The amount of pay shall be 5% higher than the employee’s current base rate of
pay.
Driver Pay: Employees assigned to the classification of Solid Waste Worker in the Solid
Waste Department will continue to receive “driver pay” for each day succeeding the 20th cumulative
day the employee has substituted as a driver. The rate is $15.00 per day.
Section 6.Training Differential
Employees who are required to provide formal training to other employees outside of what is
considered the normal scope of their job duties, and who are designated “Trainers” with an established
curriculum as determined by the Department Director, will receive 5% above their normal base pay for
any hours they are assigned to act as trainers in a formal training capacity.
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Section 7.Leadworker Assignment and Pay
A Department Director, with the prior approval of the City Manager or his/her designee, may
assign leadworker duties to a regular employee for such period of time as will, in his/her opinion, serve
the best interest of the City. Such assignment shall be made only when a small group of workers are,
in the normal course of their duties, regularly required to work at a time and/or place without the
degree of supervision which, in the judgment of the Department Director, is conducive to efficient
performance.
An employee assigned leadworker duties will be required to perform all the duties of his/her
regular position and additionally exercise primary layout and/or supervisory functions in relation to
other workers who are ordinarily classified the same as the leadworker, accepting commensurate
responsibility for group performance. For the period of such assignment the leadworker shall be paid
an additional biweekly amount representing 5% above his/her current base rate of pay.
Leadworker assignments may be authorized for intervals up to one year in duration, or may
be authorized for shorter intervals at the discretion of the respective Department Director. If an
employee has been assigned as a Leadworker for one year, the Leadworker assignment shall then be
rotated to another employee deemed by the respective department to be qualified for the
assignment. If no other employees are interested or deemed qualified, an employee may be
assigned Leadworker for consecutive one-year intervals.
Section 8.Assignment Pay Differential
A. A Department Director may, at his/her discretion and with the approval of the City
Manager/designee and consent of the Union, designate a specific position or positions
within a job classification which shall be eligible to receive a 5% Pay Differential when
the duties of the position differ from others in the same classification in their difficulty,
complexity, responsibility, or hazardous nature to the extent that additional
compensation is deemed warranted. Assignments to positions may be on a rotational
basis, or may be offered to employees in the respective classification based upon City
seniority, however the Department Director shall have the right to remove any employee
from such assignment in conjunction with a development plan if performance is deemed
unsatisfactory.
B. Solid Waste Equipment Operators and Solid Waste Workers who are assigned and
complete two full routes on one work day during a work week that pickups are limited by
a City designated Holiday shall receive a premium pay equivalent to four hours of pay
based on the employee’s base rate of pay. Such premium pay shall not constitute hours
worked or to be accumulated toward the calculation of overtime.
C. Bargaining unit members designated as certified Bi-Lingual Interpreter, who have successfully
passed a proficiency exam and where the position calls for an interpretation skill sets, shall be
provided $50.00 per pay in addition to the employee’s current base rate of pay.
D. Incumbents in the classifications of Electro-Mechanical Technician, Electronic Technician,
Utilities Mechanic, Utilities Maintenance Supervisor I, and Utilities Maintenance Supervisor II
upon the effective date of this Agreement who are assigned to the maintenance of the Public
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Utilities infrastructure which includes plants and lift stations shall be eligible to receive a 5%
Pay Differential.
Section 9.Uniforms and Rain Gear
A. The City agrees to provide each full-time employee who is required to wear a uniform with an
initial issue of five uniforms. Permanent part-time employees who are required to wear a
uniform shall be issued a pro-rated number as determined necessary by the hiring department
based on scheduled hours/days of work per week. The City shall determine the manner of
procurement and style of uniforms to be worn. The City agrees to provide, at a minimum
cotton blend uniforms of at least 35% cotton to employees who are required to wear uniforms.
Polyester or polyester blend uniforms that utilize cooling properties may be utilized. The
employee agrees to launder the uniforms. The employee will be issued a replacement for each
uniform that becomes torn or tattered as the result of normal wear and tear, but not for a
uniform that has been damaged due to the employee's abuse or negligence. The employee
must return the uniform as a condition for receiving a replacement.
B. The City will provide safety shoes for each employee who is required to wear such. The City
shall have the authority to designate additional job classifications as eligible for the provision of
safety shoes. Employees who request safety shoes and are denied such by their department
may have the decision reviewed by the City Manager or his/her designee by submitting a
written request within 10 work days of the department’s decision. The decision of the City
Manager or designee shall be final and binding and not subject to arbitration.
The City shall determine the manner of procurement to be afforded all affected employees, and
shall have the right of approval in determining types of shoes which are acceptable. Employees
shall provide worn or unserviceable safety shoes to their respective department for inspection
in order to obtain authorization for replacement. Employees may be permitted to keep such
worn shoes after inspection at the discretion of their respective departments.
C. The City will provide employees with adequate rain gear. Rain gear that is worn, torn, and/or
tattered through normal wear and tear shall be replaced, provided that the employee turned in
the old rain gear. Employees may use umbrellas instead of rain gear as appropriate to the job
classification.
D. All uniforms and equipment provided by the City shall be issued and accounted for in
accordance with I.R.S. regulations governing same.
Section 10.Certification Pay
A. City fleet service mechanics who obtain and maintain job-related ASE certifications in
accordance with standards established by the City shall receive $.50 per hour in addition to the
employees’ base rate of pay for each such certification obtained and maintained up to a
maximum of seven such certifications. City fleet service mechanics who obtain and maintain
the required ASE certifications constituting the designation of ASE Master in a City authorized
module of study shall receive $5.00 per hour in addition to the employees’ base rate of pay in
lieu of the individual certification pays described above. The City agrees to pay the cost of the
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training and examination process for each certification the first time employees attend such
only. The City reserves the right to determine the appropriate certifications that will be entitled
to the additional compensation.
B. The classifications of Marine Lifeguard, Senior Marine Lifeguard, and Water Safety
Supervisor shall be eligible for a 5% certification pay differential in addition to the respective
incumbent’s base rate of pay for the possession and maintenance of a valid State of Florida
Emergency Medical Technician certification.
C. The classification of Building Construction Inspector shall be eligible for a 15% licensure
pay differential in addition to the respective incumbent’s base rate of pay for the possession
and maintenance of two or more valid inspector licenses offered by the State of Florida
Building Code Administrators and Inspectors Board. The classification of Building
Construction Inspector shall also be eligible for a licensure pay differential of $50 per payroll
period in addition to the respective incumbent’s base rate of pay for the possession and
maintenance of each valid plans examiner license offered by the State of Florida Building
Code Administrators and Inspectors Board when the employee is directed by his/her
department to utilize such license at any time during the payroll period.
D. Incumbents in the classifications of Water Distribution Operator and Water Distribution
Operator Lead, Water Distribution Supervisor I, and Water Distribution Supervisor II who
obtain and maintain job-related Water Distribution Operator Licenses in accordance with
standards established by the City shall receive $50.00 per payroll period in addition to the
employee’s base rate of pay. The City agrees to pay the cost of the examination process for
each level certification.
Incumbents in the classifications of Water/Wastewater Plant Operator C,
Water/Wastewater Plant Operator B, Water/Wastewater Plant Operator A, and Chief
Water/Wastewater Operator shall receive $50.00 per payroll period if classified as a “C’
licensed Operator; $100.00 per payroll period if classified as a “B’ licensed Operator; and
$150.00 per payroll period if classified as an “A” licensed Operator or Chief Operator, in
addition to the employee’s base rate of pay.
Section 11.Replacement/Repair of Tools
The City will replace or repair, as appropriate, the tools of employees who are required by the
City to furnish their own tools, when it can be verified such tools are broken on the job or when such
tools are stolen from the job site and a police report confirming the theft is given to management.
Tools will be replaced with tools of same manufacture and model. If the exact tool cannot be
provided, a tool of equal value and quality shall be provided. Employees shall be required to report the
breakage or loss of such tools to theft immediately in order to be entitled to replacement or repair.
Section 12.Training and Career Development Workshops
Employees will be compensated in accordance with the Federal Fair Labor Standards Act and
applicable City Policy for the time the employee attends training and career development workshops.
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Section 13.Travel and Mileage
Employees shall be compensated in accordance with the Federal Fair Labor Standards Act and
applicable City Policy for work related travel time. All employees who drive their own vehicle for City
business will be paid upon request reimbursement in accordance with City policy for any mileage
traveled at the rate set by the Internal Revenue Service.
Section 14.Commercial Driver's License
A. Employees in driving positions which require a CDL and who fail to comply with requirements
of the State of Florida CDL program cannot continue to function in their driving positions. At
such time as the employee can no longer drive vehicles required in his/her job classification
because of his/her failure to comply with CDL requirements of the state, the City shall
preclude the employee from driving the designated City vehicles. The employee shall have
thirty (30) days in which to comply with the state CDL requirements or to obtain a transfer,
demotion or promotion to a position not requiring CDL licensure. Such job change must be
accomplished within the normal processes for transfer, demotion or promotion. Failure to
obtain the appropriate license or, alternately, to obtain a transfer, demotion or promotion to a
position not requiring the CDL shall result in the layoff of the employee.
B. The City will reimburse regular, non-probationary employees for the cost of any CDL and
endorsements required by the City, including any fees associated with obtaining such license or
endorsements, provided the employee has submitted evidence of possession of the CDL in
good standing along with a receipt identifying the costs incurred, and has not had any in-service
vehicle accident or moving traffic violations since his/her last license was issued.
Section 15.Parking
The City will make an effort to provide parking for all employees.
Section 16.Tuition Reimbursement
Each member of the bargaining unit shall be entitled to reimbursement for tuition fees for
approved courses in accordance with the City’s Tuition Refund Program up to an amount of $1,500
per year for each fiscal year of this Agreement.
ARTICLE 10
INSURANCE
Section 1.The City agrees to meet with the CWA representatives as necessary to review the
health and life insurance programs for the purpose of reducing the cost of such programs for the City
and the employees. The City further agrees to provide the CWA with such information as it has
available which would be required to formulate such a benefit package and to cooperate with the CWA
to obtain pertinent information from the present carrier.
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Section 2.The City agrees that for the calendar year occurring within the first year of the
agreement, the City shall contribute toward the medical insurance premiums for employees and their
dependents in the amount authorized for the plans approved by the City Commission. The City and
Union agree to maintain a Benefits Committee recommendation process culminating in final action
by the City Commission to determine medical insurance premiums for employees and their
dependents for the duration of this Agreement. The City further agrees that during the life of the
agreement, the City will make available to employees the option of at least one health insurance plan
for which the City shall pay 100% of the premium for the employee only base benefit plan cost, it
being understood that such base plan may provide a different level of benefit than that which is
currently provided, and that such plan may include requirements or incentives as conditions for
enrollment in the plan as determined by the outcome of the Benefits Committee process described
above.. Additional coverage for the family or spouse, as well as any enhancements or “buy ups” to the
base plan will continue to be paid for by the employee.
Section 3.The City shall pay the premiums for group life insurance for all bargaining unit
members equivalent to one-and-one-half times the respective employee’s annual base rate of pay, up to
a maximum of $50,000 coverage.
Section 4.Unemployment Insurance: The City shall participate in and provide
employees with unemployment insurance as provided by law.
Section 5.Workers' Compensation Insurance: The City shall participate in and provide
employees with Workers' Compensation Insurance as provided by law.
Section 6.Social Security Insurance: The City shall provide all necessary employer
contributions for social security insurance as provided by law for those employees ineligible to
participate in the City retirement program.
Section 7.Liability Insurance: The City shall provide legal counsel to assist in the
defense of any claim against any member of the bargaining unit, where the claim results from the
employee's employment with the City and where the employee is acting within the scope of his/her
employment, except that the City will not be obligated to defend or pay a claim based on an intentional
tort. The City will indemnify, pay or insure any claim other than an intentional tort.
ARTICLE 11
PERFORMANCE AND DISCIPLINE
Section 1.No employee shall be disciplined except for just cause.
Section 2.The City and the Union will continually review the Performance & Behavior
Management Program (PBMP) at mutually convenient time periods in a cooperative manner.
Section 3.Whenever the City or the Union proposes to amend any policy affecting the
discharge and discipline of unit employees, the City or the Union shall provide notice and a copy of the
proposed amendments to the other party at least 21 days in advance of a meeting. The Union and the
City shall meet to reach consensus on any proposed changes.
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Section 4.Whenever an employee who is an Union member is noticed of any meeting that
could result in discipline, the employee will be granted a minimum of two (2) business days before the
meeting to arrange for Union representation. Business days shall be defined as Monday through
Friday exculsive of any holiday recognized by the City.
Section 5.Development plans designed to address employees’ performance or behavior
which does not meet established standards or expectations may be initially implemented for a period
from a minimum of 3 months to a maximum of 6 months, and may be extended for up to an
additional 6 months if deemed appropriate. Employees shall be provided written acknowledgment of
successfully completed development plans.
ARTICLE 12
DRUG AND ALCOHOL POLICY
The City’s policy is intended to conform to the Drug Free Work Place Act and to be in
compliance with any Federal Law requirements regarding the unlawful manufacturing, distribution,
dispensation, use or possession of any controlled substance or illegal drug.
Section 1.Voluntary use of controlled substances which cause intoxication or impairment
on the job and poses risks to the employer, the affected employee and their coworkers, is prohibited.
Section 2.All bargaining unit employees will be fully informed of the employer's for cause
drug testing policy before testing is administered. Bargaining unit employees will be provided with
information concerning the impact of the use of drugs on job performance. Unit supervisors will be
trained to recognize the symptoms of drug abuse, impairment and intoxication. The City will permit
two employees selected by the Union to attend such training class on City time.
Section 3.Annual Physical
Employees in job classifications which require an annual or biannual physical may be required
to submit to a drug screening as part of the annual physical examination.
Section 4.City’s Drug and Alcohol Program Policy
The City’s Drug and Alcohol Program Policy delineates drug and alcohol test procedures.
Revisions governing testing standards and job classification specifications shall be made as revisions to
laws or regulations of state or federal government or agencies deem permissible. Union
representatives will be furnished with copies of the policies upon such revision. Whenever the City or
the Union proposes to amend or change any policy affecting drug and alcohol testing, the City or the
Union shall provide notice and a copy of the proposed amendments or changes to the other party at
least 30 calendar days in advance of the proposed effective date of the change. The Union and the
City shall have the right to bargain such proposed amendments or changes in accordance with the law
and the terms of this agreement.
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ARTICLE 13
RETIREMENT
Section 1.The City agrees to send announcements of regularly scheduled meetings of the
Board of Trustees of the Employees' Retirement System to the President of the Union.
Section 2.A spokesman for the Union shall have the right to present the Union's views
regarding the employees' retirement system either orally or in writing to the Advisory Committee of
the Board of Trustees.
Section 3.Notification of any change of benefits in the Employees' General Pension Plan
shall be given to the employees 60 days prior to any action taken.
Section 4.The parties agree to bargain proposed changes in the City's Pension Plan that
deal with mandatory subjects of collective bargaining and any impact these changes may have on
bargaining unit members.
Section 5.Vacation and Bonus to be Credited Toward Retirement
A. Vacation Accumulation
The amount of vacation accumulation shall not exceed 240 hours for the purpose of early
retirement.
B. Special Bonus Days After 20 Years
Upon the completion of a total of 20 years (consecutive) service with the City, an employee
who was employed by the City prior to October 1, 1990, shall be entitled to begin accumulating
credit toward the awarding of bonus days for the purpose of early retirement or a cash
settlement only at the time of retirement which shall not exceed a total of 15 working days. No
bonus days shall be provided to any employee hired by the City on or after October 1, 1990.
The schedule for the accumulation of bonus days shall be as follows:
Upon completion of 21 years service Accumulate 1 day
Upon completion of 22 years service Accumulate 2 additional days
Upon completion of 23 years service Accumulate 3 additional days
Upon completion of 24 years service Accumulate 4 additional days
Upon completion of 25 years service Accumulate 5 additional days
Number of days which may be accumulated 15 days total
Section 6.Any sick leave charged to an employee’s sick leave balance after May 10, 1998 as
the result of a line-of-duty injury shall be added back to the employee’s sick leave balance up to the
employee’s respective sick leave cap at the time of retirement. This relates only to injuries and re-
injuries wherein wages are compensable under Workers' Compensation.
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Section 7.During the advancing of the retirement date through the use of sick leave, bonus
days, and vacation leave, employees shall not accrue any benefits except retirement credit, including but
not limited to vacation leave, sick leave, insurance premiums, holidays, workers’ compensation, salary
increases, assignment pay, shift pay, allowances, reimbursements or special payments, or bonuses of
any kind.
ARTICLE 14
SENIORITY, LAYOFF, AND RECALL
Section 1.Seniority
A. Seniority is defined as the length of continuous service in City employment. Seniority will
continue to accrue during all types of leaves of absence with pay and other leaves where
specifically provided.
B. After successful completion of the initial probationary period, which is six months, seniority
will revert to the date of employment. Seniority shall be used as a factor in consideration for
promotion. When skills and qualifications are substantially equal, seniority shall prevail.
C. Employees shall lose their seniority only as a result of the following:
1. Voluntary termination.
2. Retirement.
3. Termination for Cause.
4. Failure to return from military leave within the time limit prescribed by law.
D. Whenever there is a question as to which bargaining unit employee shall be allowed vacation
for requests made outside of the established “vacation pick” process, days off, differential
payments or hours of work, seniority shall prevail, provided skills and qualifications are
substantially equal.
Section 2.Layoffs
A. An employee may be laid off by the City Manager in the manner herein provided when there is
lack of work or funds, abolition of either full-time or part-time position, or material changes in
duties or organization which require a reduction in personnel. No regular employee, however,
shall be laid off while there are Emergency, Temporary, Seasonal, probationary, or other non-
regular status employees serving in the same class.
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B. When the need arises for laying off either full-time or part-time regular employees in any
department for any of the reasons enumerated in Section 1 hereof, the order of layoff shall be
determined by taking into account both service ratings and seniority. It is specifically
understood that layoffs will be by classification on a city-wide basis. When other qualifications
are substantially equal, City seniority will govern. When City seniority is the same, time in
classification will govern. When City seniority and time in classification are the same, the order
of layoff shall be determined by a coin toss. When determining the order of layoff for part-
time employees, City seniority shall be defined by the number of completed continuous service
hours.
C. An employee who is designated to be laid off shall have the opportunity to revert to the
classification he/she held prior to his/her current classification. If a vacant position exists
within such employee’s prior classification, the employee will be assigned to the vacant position.
If no vacant position exists within such employee’s prior classification, and this movement
requires further reduction in the work force, the same procedure shall be utilized for
subsequent positions in accordance with this section, and the process continued through the
ranks thereafter.
The provisions of this and the following section are based on the premises that the services of
the affected employee have been satisfactory and that he/she is physically and mentally capable
of efficiently discharging the duties of another position in the same or lower class.
D. Names of regular employees who are laid off shall be placed on the re-employment list for the
appropriate class for re-employment within one year thereafter when vacancies in the class
occur. An employee who is eligible to have his/her name placed on a re-employment list may,
on written request and with the approval of the Human Resources Director and the City
Manager or designee, have his/her name also placed on re-employment lists for the same or
lower classification requiring essentially the same or lesser qualifications within a class series or
for other classes in which the employee previously had regular status. Names shall be placed
on the re-employment list in the order of City seniority.
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ARTICLE 15
DURATION, MODIFICATION AND TERMINATION
This Agreement shall be effective as of the first day of the payroll period that includes October
1, 2017 and shall continue in full force and effect until the last day of the payroll period that ends prior
to October 1, 2020. At least 120 days prior to the termination of this Agreement, either party hereto
shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement.
Failure to notify the other party of its intention to modify, amend or terminate, as herein above set
forth, will automatically extend the provisions and terms of this Agreement for a period of one year,
and each year thereafter absent notification.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _________ day of
_______________________________, 2017.
ATTEST:CITY OF CLEARWATER
__________________________________________________________________
Rosemarie Call, City Clerk William B. Horne II, City Manager
Approved as to form and correctness:Countersigned:
________________________________________________________________
Pamela K. Akin, City Attorney George N. Cretekos, Mayor
COMMUNICATIONS WORKERS
OF AMERICA
_______________________________
Ronald Rice, President, Local 3179
WITNESSES:
______________________________
______________________________
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4016
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 10.1
SUBJECT/RECOMMENDATION:
Schedule a council meeting on Wednesday, December 20, 2017 at 6:00 p.m. (consent)
SUMMARY:
Economic Development and Housing has requested to schedule a council meeting on
December 20, 2017 for the purpose of accepting the Consolidated Annual Performance and
Evaluation (CAPER). The CAPER documents the City’s expenditures for Community
Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs to
the U.S. Department of Housing and Urban Development (HUD).
Due to recent reporting changes, staff may be unable to present the CAPER at the December
7 council meeting.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 10/27/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4032
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 10.2
SUBJECT/RECOMMENDATION:
Approve an agreement with the Law Firm of Dean, Mead, Egerton, Bloodworth, Capouano and
Bozarth to provide lobbying services at the state level from October 1, 2017 through September
30, 2020 at a cost of $4,000 per month, plus estimated expenses of $4,800, not to exceed
$52,800 per year, and authorize the appropriate officials to execute same.
SUMMARY:
Lobbying services assist the City in pursuing funding and favorable legislation at the state level.
Request for Proposal 34-17 (RFP) was released to select a provider of these services.
Responses were received from Dean Mead Law Firm, Southern Strategy Group of Tampa Bay,
Pittman Law Group and Mark Anderson.
The evaluation committee, consisting of the City Clerk, City Attorney and the Deputy City
Manager, reviewed written proposals on September 28, 2017. Selection criteria were:
Demonstrated Experience, Qualifications of Team, Reference Reports and Cost of Services.
The committee determined Dean Mead to be the most responsive to criteria established in the
RFP. Dean Mead has been the City’s state lobbyist since 2014 and the City has been satisfied
with their services. Dean Mead proposes the same rate as the previous contract. The
agreement may be cancelled at any time with 30 days advance notice.
APPROPRIATION CODE AND AMOUNT:
Annual costs for this contract will be included in the Official Records and Legislative Services
Operating budget under appropriation code 010-09700-530100-513-000.
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 10/27/2017
Purchasing Office 100 S Myrtle Ave
Clearwater FL 33756-5520
PO Box 4748, 33758-4748
727-562-4633 Tel v 10/2016
REQUEST FOR PROPOSALS
#34-17
State Lobbying Services
July 26, 2017
NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until
10:00 AM, Local Time, August 29, 2017 to provide State Lobbying Services.
Brief Description: The City of Clearwater seeks an experienced lobbyist (person, firm, or entity) to
represent the City before the State of Florida government.
Proposals must be in accordance with the provisions, specifications and instructions set forth herein and
will be received by Purchasing until the above noted time, when they will be publicly acknowledged and
accepted.
Proposal packets, any attachments and addenda are available for download at:
https://www.myclearwater.com/bid
Please read the entire solicitation package and submit the bid in accordance with the instructions. This
document (less this invitation and the instructions) and any required response documents, attachments,
and submissions will constitute the bid.
General, Process or Technical Questions concerning this solicitation should be
directed, IN WRITING, to the following Sr. Procurement Analyst:
Lori Vogel
Sr. Procurement Analyst
Lori.Vogel@myclearwater.com
This Request for Proposals is issued by:
Alyce Benge, CPPO, C.P.M.
Purchasing Manager
Alyce.Benge@myclearwater.com
INSTRUCTIONS
State Lobbying Services 2 RFP #34-17
i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation
process (including requests for ADA accommodations), shall be directed solely to the Purchasing
Manager listed on Page 1. Questions should be submitted in writing via letter, fax or email.
Questions received less than seven (7) calendar days prior to the due date and time may be
answered at the discretion of the City.
i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an
addendum. Addenda are posted on the City website and mailed to those who register on the City
website when downloading solicitations no less than seven (7) days prior to the Due Date.
Vendors are cautioned to check the Purchasing Website for addenda and clarifications
prior to submitting their proposal. The City cannot be held responsible if a vendor fails to
receive any addenda issued. The City shall not be responsible for any oral changes to these
specifications made by any employees or officer of the City. Failure to acknowledge receipt of an
addendum may result in disqualification of a proposal.
i.3 VENDOR CONFERENCE / SITE VISIT: Yes No
Mandatory Attendance: Yes No
If so designated above, attendance is mandatory as a condition of submitting a proposal. The
conference/site visit provides interested parties an opportunity to discuss the City's needs,
inspect the site and ask questions. During any site visit you must fully acquaint yourself with the
conditions as they exist and the character of the operations to be conducted under the resulting
contract.
i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING:
Date: August 29, 2017
Time: 10:00 AM (Local Time)
The City will open all proposals properly and timely submitted, and will record the names and
other information specified by law and rule. All proposals become the property of the City and will
not be returned except in the case of a late submission. Respondent names, as read at the bid
opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days
from day of opening elapses, whichever occurs earlier, proposals are available for inspection by
contacting Purchasing.
i.5 PROPOSAL FIRM TIME: 90 Days from Opening
Proposal shall remain firm and unaltered after opening for the number of days shown above. The
City may accept the proposal, subject to successful contract negotiations, at any time during this
time.
i.6 PROPOSAL SECURITY: Yes $ 0.00 No
If so designated above, a proposal security in the amount specified must be submitted with the
proposal. The security may be submitted in any one of the following forms: an executed surety
bond issued by a firm licensed and registered to transact such business with the State of Florida;
cash; certified check, or cashier's check payable to the City of Clearwater (personal or company
checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial
institution and acceptable to the City. Such proposal security shall be forfeited to the City of
Clearwater should the proposer selected fail to execute a contract when requested.
PERFORMANCE SECURITY: Yes $ 0.00 No
If required herein, the Contractor, simultaneously with the execution of the Contract, will be
required to furnish a performance security. The security may be submitted in one-year increments
and in any one of the following forms: an executed surety bond issued by a firm licensed and
registered to transact such business with the State of Florida; cash; certified check, cashier's
check or money order payable to the City of Clearwater (personal and company checks are not
acceptable); certificate of deposit or any other form of deposit issued by a financial institution and
acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and
INSTRUCTIONS
State Lobbying Services 3 RFP #34-17
conditions of the contract, the City shall have the right to use all or such part of said security as
may be necessary to reimburse the City for loss sustained by reason of such breach. The
balance of said security, if any, will be returned to Contractor upon the expiration or termination of
the contract.
i.7 SUBMIT PROPOSALS TO: Use label at the end of this solicitation package
City of Clearwater
Attn: Purchasing
100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520
or
PO Box 4748, Clearwater FL 33758-4748
Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail
or fax submissions will not be accepted.
No responsibility will attach to the City of Clearwater, its employees or agents for premature
opening of a proposal that is not properly addressed and identified.
i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on
time at the place specified. All proposals received after the date and time specified shall not be
considered and will be returned unopened to the proposer. The proposer assumes the risk of any
delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private
courier, regardless whether sent by mail or by means of personal delivery. It shall not be
sufficient to show that you mailed or commenced delivery before the due date and time. All times
are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City
Purchasing Office as the official time.
i.9 LOBBYING PROHIBITION. The purpose of this prohibition is to preserve the integrity of the
procurement process. Any communication regarding this solicitation for the purpose of
influencing the process or the award, between any person or affiliates seeking an award from this
solicitation and the City, including but not limited to the City Council, employees, and consultants
hired to assist in the solicitation, is prohibited.
This prohibition is imposed from the time of the first public notice of the solicitation until the City
cancels the solicitation, rejects all responses, awards a contract or otherwise takes action which
ends the solicitation process. This section shall not prohibit public comment at any City Council
meeting, study session or Council committee meeting.
This prohibition shall not apply to vendor-initiated communication with the contact(s) identified in
the solicitation or City-initiated communications for the purposes of conducting the procurement
including but not limited to pre-bid conferences, clarification of responses, presentations if
provided in the solicitation, requests for Best and Final Proposals, contract negotiations,
protest/appeal resolution, or surveying non-responsive vendors.
Violations of this provision shall be reported to the Purchasing Manager. Persons violating this
prohibition may be subject to a warning letter, rejection of their response depending on the nature
of the violation, and/or debarment of the proposer as provided in Clearwater’s Purchasing Policy
and Procedures, Section 27.
i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final
approval and execution of the contract, proposer does so at its own risk.
i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand
the solicitation will not excuse any failure to comply with the requirements of the solicitation or any
resulting contract, nor shall such failure be a basis for claiming additional compensation. If a
vendor suspects an error, omission or discrepancy in this solicitation, the vendor must
immediately and in any case not later than seven (7) business days in advance of the due date
notify the contact on page one (1). The City is not responsible for and will not pay any costs
associated with the preparation and submission of the proposal. Proposers are cautioned to
verify their proposals before submission, as amendments to or withdrawal of proposals submitted
INSTRUCTIONS
State Lobbying Services 4 RFP #34-17
after time specified for opening of proposals may not be considered. The City will not be
responsible for any proposer errors or omissions.
i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals
shall be submitted on the forms provided. An original and the designated number of copies of
each proposal are required. Proposals, including modifications, must be submitted in ink, typed,
or printed form and signed by an authorized representative. Please line through and initial rather
than erase changes. If the proposal is not properly signed or if any changes are not initialed, it
may be considered non-responsive. In the event of a disparity between the unit price and the
extended price, the unit price shall prevail unless obviously in error, as determined by the City.
The City may require that an electronic copy of the proposal be submitted. The proposal must
provide all information requested and must address all points. The City does not encourage
exceptions. The City is not required to grant exceptions and depending on the exception, the City
may reject the proposal.
i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the
specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other
products will be considered upon showing the other product meets stated specifications and is
equivalent to the brand product in terms of quality, performance and desired characteristics.
Minor differences that do not affect the suitability of the supply or service for the City’s needs may
be accepted. Burden of proof that the product meets the minimum standards or is equal to the
brand name product is on the proposer. The City reserves the right to reject proposals that the
City deems unacceptable.
i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the
proposal received by the City prior to the scheduled opening time will be accepted and will be
corrected after opening. No oral requests will be allowed. Requests must be addressed and
labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL
of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of
undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the
bid opening shall be allowed solely at the City’s discretion.
i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred,
suspended, or otherwise lawfully precluded from participating in any public procurement activity,
including being disapproved as a subcontractor with any federal, state, or local government, or if
any such preclusion from participation from any public procurement activity is currently pending,
the proposer shall include a letter with its proposal identifying the name and address of the
governmental unit, the effective date of this suspension or debarment, the duration of the
suspension or debarment, and the relevant circumstances relating to the suspension or
debarment. If suspension or debarment is currently pending, a detailed description of all relevant
circumstances including the details enumerated above must be provided. A proposal from a
proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public
procurement activity may be rejected.
i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to
rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced
proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon
another event; to reject individual proposals for failure to meet any requirement; to award by item,
part or portion of an item, group of items, or total; to make multiple awards; to waive minor
irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek
clarification of the proposal from proposer at any time, and failure to respond is cause for
rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent
contract. The City is responsible to make an award that is in the best interest of the City. All
decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s
discretion and made to favor the City. No binding contract will exist between the proposer and
the City until the City executes a written contract or purchase order.
i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a
INSTRUCTIONS
State Lobbying Services 5 RFP #34-17
proposer may not be acknowledged or accepted by the City. Award or execution of a contract
does not constitute acceptance of a changed term, condition or specification unless specifically
acknowledged and agreed to by the City. The copy maintained and published by the City shall be
the official solicitation document.
i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its
proposal, including without limitation any documents and/or materials copyrighted by the
proposer. The City’s right to copy shall be for internal use in evaluating the proposal.
i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality,
integrity, service, professionalism, economy, and government by law in the Procurement process.
The responsibility for implementing this policy rests with each individual who participates in the
Procurement process, including Respondents and Contractors.
To achieve this purpose, it is essential that Respondents and Contractors doing business with the
City also observe the ethical standards prescribed herein. It shall be a breach of ethical
standards to:
a. Exert any effort to influence any City employee or agent to breach the standards of ethical
conduct.
b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials
or Services not provided.
c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply
with any term, condition, specification or other requirement of a City Contract.
i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or
prospective proposers and affiliates. The City may request product samples from vendors for
product evaluation.
i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect
in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected
proposal is not in the City’s best interests, the Respondent may submit a written protest. All
protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures
Section 18 (“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the
Purchasing Policy, the language of the Purchasing Policy controls.
Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent
before the bid opening must be filed with the Purchasing Manager no later than five (5) business
days before Bid Opening. Protests that only become apparent after the Bid Opening must be
filed within the earlier of ten (10) business days of the alleged violation of the applicable
purchasing ordinance. The complete protest procedure can be obtained by contacting
Purchasing.
ADDRESS PROTESTS TO:
Alyce Benge, CPPO, C.P.M.
Purchasing Manager
100 So Myrtle Ave, 3rd Fl
Clearwater FL 33756-5520
or
PO Box 4748
Clearwater FL 33758-4748
INSTRUCTIONS – EVALUATION
State Lobbying Services 6 RFP #34-17
i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of
City employees. The City staff may or may not initiate discussions with proposers for clarification
purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate
discussions with any City employee or official.
i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of
information: responsiveness, responsibility, the technical proposal/price. All proposals must meet
the following responsiveness and responsibility criteria.
a) Responsiveness. The City will determine whether the proposal complies with the
instructions for submitting proposals including completeness of proposal which
encompasses the inclusion of all required attachments and submissions. The City must
reject any proposals that are submitted late. Failure to meet other requirements may result
in rejection.
b) Responsibility. The City will determine whether the proposer is one with whom it can or
should do business. Factors that the City may evaluate to determine "responsibility" include,
but are not limited to: excessively high or low priced proposals, past performance,
references (including those found outside the proposal), compliance with applicable laws,
proposer's record of performance and integrity- e.g. has the proposer been delinquent or
unfaithful to any contract with the City, whether the proposer is qualified legally to contract
with the City, financial stability and the perceived ability to perform completely as specified.
A proposer must at all times have financial resources sufficient, in the opinion of the City, to
ensure performance of the contract and must provide proof upon request. City staff may
also use Dun & Bradstreet and/or any generally available industry information. The City
reserves the right to inspect and review proposer’s facilities, equipment and personnel and
those of any identified subcontractors. The City will determine whether any failure to supply
information, or the quality of the information, will result in rejection.
c) Technical Proposal. The City will determine how well proposals meet its requirements in
terms of the response to the specifications and how well the offer addresses the needs of
the project. The City will rank offers using a point ranking system (unless otherwise
specified) as an aid in conducting the evaluation.
d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the
proposals may be evaluated using simple comparative analysis instead of any announced
method of evaluation, subject to meeting administrative and responsibility requirements.
For this RFP, the criteria that will be evaluated and their relative weights are:
Evaluation Criteria (proposal format page 21) Points
Demonstrated Experience Providing Lobbying Services With Local
Governments and/or Organizations; References (Tab 2) 40
Qualifications – Educations and Training of Lobbyist(s) (Tab 3) 35
Cost for Services (Tab 4) 25
i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored
proposals based on a preliminary evaluation against the evaluation criteria. Only those short-
listed proposers would be invited to give presentations and/or interviews. Upon conclusion of any
presentations/interviews, the City will finalize the scoring against the evaluation criteria.
i.25 PRESENTATIONS/INTERVIEWS. The proposer must provide a formal presentation/interview
on-site at a City location upon request.
i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will
determine the scope and subject of any best & final request. However, the proposer should not
expect that the City will ask for best & finals. Therefore, proposer should submit their best offer
based on the terms and conditions set forth in this solicitation.
INSTRUCTIONS – EVALUATION
State Lobbying Services 7 RFP #34-17
i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that
the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis
to determine if the proposal price is fair and reasonable.
i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to
accept the proposal as submitted. If proposer fails to sign all documents necessary to
successfully execute the final contract within a reasonable time as specified, or negotiations do
not result in an acceptable agreement, the City may reject proposal or revoke the award, and may
begin negotiations with another proposer. Final contract terms must be approved or signed by
the appropriately authorized City official(s). No binding contract will exist between the proposer
and the City until the City executes a written contract or purchase order.
i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to
Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s
website at https://www.myclearwater.com/bid to view relevant RFP information and
notices.
i.30 RFP TIMELINE. Dates are tentative and subject to change.
Release RFP: July 26, 2017
Advertise Tampa Bay Times: July 27, 2017
Responses due: August 29, 2017
Review proposals: August 29 – September 7, 2017
Presentations (if requested): week of September 18, 2017
Award recommendation: September 22, 2017
Council authorization: October 5, 2017
Contract begins: October 2017
TERMS AND CONDITIONS
State Lobbying Services 8 RFP #34-17
S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor,
contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract,
agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”.
S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor’s employees, not City employees.
Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to
City employees including, but not limited to, health benefits, enrollment in a retirement system,
paid time off or other rights afforded City employees. Contractor employees will not be regarded
as City employees or agents for any purpose, including the payment of unemployment or
workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages
or other employment benefits against the City, Contractor will defend, indemnify and hold
harmless the City from all such claims.
S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract
work, it is agreed that all subcontractors performing work under the Agreement must comply with
its provisions. Further, all agreements between Contractor and its subcontractors must provide
that the terms and conditions of this Agreement be incorporated therein.
S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first
receiving the City’s written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right at its option to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits,
rights, or responsibilities in any third parties.
S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials
or services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations
under this Agreement.
S.10 COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses, and pay all charges and fees
necessary and incidental to the lawful conduct of business. Contractor must stay fully
informed of existing and future federal, state, and local laws, ordinances, and regulations that
in any manner affect the fulfillment of this Agreement and must comply with the same at its
own expense. Contractor bears full responsibility for training, safety, and providing necessary
equipment for all Contractor personnel to achieve throughout the term of the Agreement.
Upon request, Contractor will demonstrate to the City's satisfaction any programs,
procedures, and other activities used to ensure compliance.
b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug-free workplace for itself and those doing business with the City to ensure
the safety and health of all persons working on City contracts and projects. Contractor will
require a drug-free workplace for all Contractor personnel working under this Agreement.
Specifically, all Contractor personnel who are working under this Agreement must be notified
TERMS AND CONDITIONS
State Lobbying Services 9 RFP #34-17
in writing by Contractor that they are prohibited from the manufacture, distribution,
dispensation, possession, or unlawful use of a controlled substance in the workplace.
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel,
and will ensure that Contractor personnel do not use or possess illegal drugs while in the
course of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit
the City and its agents to inspect applicable personnel records to verify such compliance as
permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all
Contractor personnel have a legal right to live and work in the United States.
(i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City
that Contractor and each of its subcontractors will comply with, and are contractually
obligated to comply with, all federal immigration laws and regulations that relate to their
employees (hereinafter “Contractor Immigration Warranty”).
(ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of
this Agreement and will subject Contractor to penalties up to and including termination of
this Agreement at the sole discretion of the City.
(iii) The City retains the legal right to inspect the papers of all Contractor personnel who
provide services under this Agreement to ensure that Contractor or its subcontractors are
complying with the Contractor Immigration Warranty. Contractor agrees to assist the City
in regard to any such inspections.
(iv) The City may, at its sole discretion, conduct random verification of the employment
records of Contractor and any subcontractor to ensure compliance with the Contractor
Immigration Warranty. Contractor agrees to assist the City in regard to any random
verification performed.
(v) Neither Contractor nor any subcontractor will be deemed to have materially breached the
Contractor Immigration Warranty if Contractor or subcontractor establishes that it has
complied with the employment verification provisions prescribed by Sections 274A and
274B of the Federal Immigration and Nationality Act.
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against
any employee or applicant for employment or person to whom it provides services because of
race, color, religion, sex, national origin, or disability, and represents and warrants that it
complies with all applicable federal, state, and local laws and executive orders regarding
employment. Contractor and Contractor’s personnel will comply with applicable provisions of
Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and
applicable rules in performance under this Agreement.
S.11 SALES/USE TAX, OTHER TAXES.
a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes
related to or arising out of Contractor’s services under this Agreement, including by way of
illustration but not limitation, federal and state income tax, Social Security tax, unemployment
insurance taxes, and any other taxes or business license fees as required. If any taxing
authority should deem Contractor or Contractor employees an employee of the City, or
should otherwise claim the City is liable for the payment of taxes that are Contractor’s
responsibility under this Agreement, Contractor will indemnify the City for any tax liability,
interest, and penalties imposed upon the City.
b. The City is exempt from paying state and local sales/use taxes and certain federal excise
taxes and will furnish an exemption certificate upon request.
TERMS AND CONDITIONS
State Lobbying Services 10 RFP #34-17
S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due
to the City during the performance of services under the Agreement. Payments to Contractor
may be offset by any delinquent amounts due the City or fees and charges owed to the City.
S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral
presentations, meetings where vendors answer questions, other submissions, correspondence,
and all records made thereof, as well as negotiations or meetings where negotiation strategies
are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters
119 and 286, Florida Statutes.
Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure
until such time that the City provides notice of an intended decision or until 30 days after opening
the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP
and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain
exempt from public disclosure until such time that the City provides notice of an intended decision
concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply
shall not be exempt from public disclosure longer than 12 months after the initial City notice
rejecting all proposals or replies.
Oral presentations, meetings where vendors answer questions, or meetings convened by City
staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in
compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such
closed meeting. The recoding of, and any records presented at, the exempt meeting shall be
available to the public when the City provides notice of an intended decision or until 30 days after
opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies
pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and
any records presented at the exempt meeting remain exempt from public disclosure until such
time that the City provides notice of an intended decision concerning the reissued RFP or until the
City withdraws the reissued RFP. A recording and any records presented at an exempt meeting
shall not be exempt from public disclosure longer than 12 months after the initial City notice
rejecting all proposals or replies.
In addition to all other contract requirements as provided by law, the contractor executing
this agreement agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com,
112 S. Osceola Ave., Clearwater, FL 33756.
The contractor’s agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter “public
agency”) to perform the service being provided by the contractor hereunder.
b) Upon request from the public agency’s custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida
Statutes, as may be amended from time to time, or as otherwise provided by law.
c) Ensure that the public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
TERMS AND CONDITIONS
State Lobbying Services 11 RFP #34-17
d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession of the contractor or keep and maintain public records required by the public
agency to perform the service. If the contractor transfers all public records to the public
agency upon completion of the contract, the contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the
contract, the contractor shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the public agency, upon request from the
public agency’s custodian of public records, in a format that is compatible with the information
technology systems of the public agency.
e) A request to inspect or copy public records relating to a public agency’s contract for services
must be made directly to the public agency. If the public agency does not possess the
requested records, the public agency shall immediately notify the contractor of the request
and the contractor must provide the records to the public agency or allow the records to be
inspected or copied within a reasonable time.
f) The contractor hereby acknowledges and agrees that if the contractor does not comply with
the public agency’s request for records, the public agency shall enforce the contract
provisions in accordance with the contract.
g) A contractor who fails to provide the public records to the public agency within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public records relating to a
public agency’s contract for services, the court shall assess and award against the contractor
the reasonable costs of enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the
public records request within a reasonable time; and
2. At least eight (8) business days before filing the action, the plaintiff provided
written notice of the public records request, including a statement that the contractor
has not complied with the request, to the public agency and to the contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of
public records and to the contractor at the contractor’s address listed on its contract with the
public agency or to the contractor’s registered agent. Such notices must be sent by common
carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with
postage or shipping paid by the sender and with evidence of delivery, which may be in an
electronic format.
A contractor who complies with a public records request within 8 business days after the notice is
sent is not liable for the reasonable costs of enforcement.
S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for
five (5) years after completion of the Agreement. The City or its authorized agent reserves the
right to inspect any records related to the performance of work specified herein. In addition, the
City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation
to the Agreement. Contractor will permit such inspections and audits during normal business
hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s
place of business or at City offices, as determined by the City.
S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested
background checks of Contractor personnel who would perform services under the Agreement or
who will have access to the City’s information, data, or facilities in accordance with the City’s
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State Lobbying Services 12 RFP #34-17
current background check policies. Any officer, employee, or agent that fails the background
check must be replaced immediately for any reasonable cause not prohibited by law.
S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will
have final authority, based on security reasons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual
or entity may provide services under this Agreement. If the City objects to any Contractor
personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from
the City, remove any such individual from performance of services under this Agreement.
S.17 DEFAULT.
a. A party will be in default if that party:
(i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership
proceeding, makes an assignment for a creditor, or there is any similar action that affects
Contractor’s capability to perform under the Agreement;
(ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60)
calendar days;
(iii) Conducts business in an unethical manner or in an illegal manner; or
(iv) Fails to carry out any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with Section 27 of the City’s Purchasing
and Procedures Manual.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may,
at its option and at any time, provide written notice to the defaulting party of the default. The
defaulting party will have thirty (30) days from receipt of the notice to cure the default; the
thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure
period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is
reasonably calculated to provide notice of the nature and extent of such default. Failure of
the non-defaulting party to provide notice of the default does not waive any rights under the
Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor’s intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no
written assurance is given within five (5) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement.
S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market,
complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess
cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid
balance due to Contractor; (iii) collection against the proposal and/or performance security, if
any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the
aforementioned remedies or other remedies as provided by law. Costs includes any and all,
fees, and expenses incurred in obtaining substitute services and expended in obtaining
reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and
costs.
TERMS AND CONDITIONS
State Lobbying Services 13 RFP #34-17
c. The non-defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in
part or in whole upon thirty (30) calendar days’ written notice.
S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel
this Agreement after its execution, without penalty or further obligation, if any person significantly
involved in initiating, securing, drafting, or creating the Agreement for the City becomes an
employee or agent of Contractor.
S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines that it does not
have funds to meet its obligations under this Agreement, the City will have the right to terminate
the Agreement without penalty on the last day of the fiscal period for which funds were legally
available. In the event of such termination, the City agrees to provide written notice of its intent to
terminate thirty (30) calendar days prior to the stated termination date.
S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement,
Contractor will be entitled only to payment for those services performed up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
appraisal of the materials and services provided and received Contractor’s properly prepared final
invoice.
S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any
services hereunder, will not release the other party of any of the warranties or other obligations of
the Agreement and will not be deemed a waiver of any such rights or remedies.
S.25 INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities,
demands, claims, suits, losses, damages, causes of action, fines or judgments, including
costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto,
relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel
under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or
Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or
fulfill the obligations established by this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of
any issues that may involve the independent negligence of the City that is not covered by this
indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold
Contractor or any third party harmless for claims based on this Agreement or use of
Contractor-provided supplies or services.
S.26 WARRANTY. Contractor warrants that the services and materials will conform to the
requirements of the Agreement. Additionally, Contractor warrants that all services will be
performed in a good, workman-like and professional manner. The City’s acceptance of service or
materials provided by Contractor will not relieve Contractor from its obligations under this
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State Lobbying Services 14 RFP #34-17
warranty. If any materials or services are of a substandard or unsatisfactory manner as
determined by the City, Contractor, at no additional charge to the City, will provide materials or
redo such services until in accordance with this Agreement and to the City’s reasonable
satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City’s right to recover against third parties for any loss, destruction, or damage to
City property, and will at the City’s request and expense, furnish to the City reasonable
assistance and cooperation, including assistance in the prosecution or defense of suit and the
execution of instruments of assignment in favor of the City in obtaining recovery.
S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to
deliver any specific amount of materials or services or any materials or services at all under this
Agreement and acknowledges and agrees that the materials or services will be requested by the
City on an as needed basis at the sole discretion of the City. Any document referencing
quantities or performance frequencies represent the City's best estimate of current requirements,
but will not bind the City to purchase, accept, or pay for materials or services which exceed its
actual needs.
S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports, test plans, and survey results, graphics, and technical tables, originally
prepared in the performance of this Agreement, are the property of the City and will not be used
or released by Contractor or any other person except with prior written permission by the City.
S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or
publicity without obtaining the prior written consent of the City.
S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former
public officer or employee within the last two (2) years shall not represent another organization
before the City on any matter for which the officer or employee was directly concerned and
personally participated in during their service or employment or over which they had a substantial
or material administrative discretion.
S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB
destination freight prepaid and allowed unless otherwise agreed.
S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or
equipment incidental to providing these services and such loss, injury, or destruction will not
release Contractor from any obligation hereunder.
S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real
property or damage or loss of City personal property when such property is the responsibility of or
in the custody of Contractor or its employees.
S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
without limitation, at its expense defend the City against all claims asserted by any person that
anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual
property right and must, without limitation, pay the costs, damages and attorneys' fees awarded
against the City in any such action, or pay any settlement of such action or claim. Each party
agrees to notify the other promptly of any matters to which this provision may apply and to
cooperate with each other in connection with such defense or settlement. If a preliminary or final
TERMS AND CONDITIONS
State Lobbying Services 15 RFP #34-17
judgment is obtained against the City’s use or operation of the items provided by Contractor
hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its
expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b)
procure for the City the right to continue to use the item; (c) substitute for the infringing item other
item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price
paid, less reasonable usage, from the time of installation acceptance through cessation of use,
which amount will be calculated on a useful life not less than five (5) years, plus any additional
costs the City may incur to acquire substitute supplies or services.
S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing
Department and/or an authorized representative from the using department. All questions
regarding the contract will be referred to the Purchasing Department for resolution. Supplements
may be written to the contract for the addition or deletion of services.
S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused
by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of
the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will within five (5) calendar days of the unforeseeable circumstance
notify the other party of all pertinent facts and identify the force majeure event. The party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus
such additional time as may be reasonably necessary to overcome the effect of the delay,
provided however, under no circumstances will delays caused by a force majeure extend beyond
one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative
purchasing agreements with other Florida government agencies, including the Tampa Bay Area
Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be
extended for use by other municipalities, school districts and government agencies with the
approval of Contractor. Any such usage by other entities must be in accordance with the
statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective
government agency.
Orders placed by other agencies and payment thereof will be the sole responsibility of that
agency. The City is not responsible for any disputes arising out of transactions made by others.
S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City’s
Purchasing Division.
S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or
registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If
provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified
or registered mail, receipt will be deemed effective three (3) calendar days after being deposited
in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed
effective two (2) calendar days after the sending thereof.
S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida.
The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to
this Agreement will be Pinellas County, Florida.
S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitutes the
entire agreement between the parties with respect to the work to be performed.
S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated in it.
TERMS AND CONDITIONS
State Lobbying Services 16 RFP #34-17
S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement, completion, termination, or other expiration of this Agreement will not release any
party from any liability or obligation arising prior to the date of termination.
DETAILED SPECIFICATIONS
State Lobbying Services 17 RFP #34-17
1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the
Tampa Bay region. It is the third largest city in the region with an estimated population of
110,000 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach
has been rated #1 U.S. Beach by TripAdvisor, was named “Florida’s Best Beach Town 2013” by
USA Today, and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of
Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor
League Baseball and hosts several sports tournaments through the year that attract visitors from
across the country. Clearwater is also the home for Winter the Dolphin and the Clearwater
Marine Aquarium.
2. RFP OBJECTIVE. The City of Clearwater (City) seeks an experienced, well qualified person,
firm, or entity (Respondent) to represent the City before the Legislature and the Executive
branches of the Florida state government. The City has a Council-Manager form of government
with a five-member City Council whose members are elected at large. The Council members’
terms of office are staggered. The City Manager is appointed by the City Council to implement
and manage Council policy.
3. SCOPE OF WORK. The successful Respondent will perform the following services:
A. The Respondent shall maintain an office in the Tallahassee, Florida area; maintaining a
presence on behalf of the City of Clearwater.
B. The qualified Respondent shall be able to provide timely information, assessments, and
reports regarding state legislation, budgetary, and regulatory issues affecting the City of
Clearwater. The information provided shall include regular updates on issues of specific
interest to Clearwater.
C. The qualified Respondent shall be able to effectively communicate City Council policy
positions to the Legislature, the Administration, and state agencies. This will include
scheduling meetings for the Mayor, members of the City Council, City Manager, or City
legislative staff with members of the State Senate, House, the Administration, and with state
agency representatives to discuss the City’s concerns. The Respondent will provide advice
and counsel on the timing, necessity and subject matter, including the key points needing to
be discussed at any of these meetings. Additionally, the Respondent will advise the City on
the necessity to write letters of support or opposition on pending legislation or state policy
issues.
D. The qualified Respondent shall be able to provide timely information and advice on state
funding opportunities to support City programs and services and facilitate state consideration
of City applications. The City throughout the year submits grant applications to seek funding
for programs that compliment the goals and objectives of the City Council. The Respondent
should be prepared to support these efforts by advising the City of available opportunities.
The Respondent may be asked to spearhead efforts to seek grant opportunities made
available by state agencies that have applicability to City of Clearwater priorities.
E. The qualified Respondent shall be able to work in conjunction with the Florida League of
Cities in support or opposition of budget appropriations, legislation, and agency rules or
regulations affecting cities.
F. The qualified Respondent shall be able to review and provide advice on development of the
City of Clearwater’s State Legislative Program.
G. The qualified Respondent shall be able to travel to Clearwater to report on activities engaged
in while representing the City.
H. The qualified Respondent shall provide written status reports on the State Legislative Agenda
on a weekly basis during Legislative Session.
4. MINIMUM QUALIFICATIONS.
A. Respondent must demonstrate experience and expertise in the state legislative process or be
able to demonstrate equivalent experience.
B. Respondent must demonstrate the ability to represent local government clients to the
Legislature or be able to demonstrate equivalent experience.
DETAILED SPECIFICATIONS
State Lobbying Services 18 RFP #34-17
C. Respondent must demonstrate ongoing relationships with members of the Florida Legislature
by including in their list of references, members and a contact person in each of the offices
who can discuss the Respondent’s work.
D. Respondent must demonstrate ongoing relationships with key members and Legislative
Committee staff, Executive Branch agency staff, and describe how these relationships may
be of assistance to the City.
E. Respondent must demonstrate familiarity with State agencies and a record of a successful
working relationship with these agencies.
5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and
maintain (and cause any subcontractors, representatives or agents to acquire and maintain)
during the term with the City, sufficient insurance to adequately protect the respective interest of
the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or
better. In addition, the City has the right to review the Contractor’s deductible or self-insured
retention and to require that it be reduced or eliminated.
Specifically the Vendor must carry the following minimum types and amounts of insurance on an
occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then
coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the
termination or expiration of this Agreement:
a. Commercial General Liability Insurance coverage, including but not limited to, premises
operations, products/completed operations, products liability, contractual liability, advertising
injury, personal injury, death, and property damage in the minimum amount of $1,000,000
(one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate.
b. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate
for the type of business engaged in by the Respondent with minimum limits of $2,000,000
(two million dollars) per occurrence. If a claims made form of coverage is provided, the
retroactive date of coverage shall be no later than the inception date of claims made
coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage
shall be extended beyond the policy year either by a supplemental extended reporting period
(SERP) of as great a duration as available, and with no less coverage and with reinstated
aggregate limits, or by requiring that any new policy provide a retroactive date no later than
the inception date of claims made coverage.
c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory
Workers’ Compensation Insurance coverage in accordance with the laws of the State of
Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five
hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand
dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease
policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S.
Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be
applicable to employees, contractors, subcontractors, and volunteers, if any.
d. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or
borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars)
combined single limit.
The above insurance limits may be achieved by a combination of primary and
umbrella/excess liability policies.
DETAILED SPECIFICATIONS
State Lobbying Services 19 RFP #34-17
Other Insurance Provisions.
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of
the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the
Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD
certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the
coverage set forth above and naming the City as an “Additional Insured” on the Commercial
General Liability Insurance and the Commercial Automobile Liability Insurance. In addition
when requested in writing from the City, Vendor will provide the City with certified copies of all
applicable policies. The address where such certificates and certified policies shall be sent or
delivered is as follows:
City of Clearwater
Attn: Purchasing Department, RFP #34-17
P.O. Box 4748
Clearwater, FL 33758-4748
b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for
Vendor’s negligence.
d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for
any and all claims that may arise related to Agreement, work performed under this
Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall
not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing
its defense as contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of any potential
liability to the City, and City’s failure to request evidence of this insurance shall not be construed
as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’)
obligation to provide the insurance coverage specified.
MILESTONES
State Lobbying Services 20 RFP #34-17
1. ANTICIPATED BEGINNING AND END DATE OF CONTRACT TERM. October 2017 through
September 2021.
If the commencement of performance is delayed because the City does not execute the contract
on the start date, the City may adjust the start date, end date and milestones to reflect the
delayed execution.
2. EXTENSION. The City reserves the right to extend the term of this contract, provided however,
that the City shall give written notice of its intentions to extend this contract no later than thirty
(30) days prior to the expiration date of the contract.
3. PRICES. All pricing shall be firm for the contract term except where otherwise provided by the
specifications, and include all transportation, insurance and warranty costs. The City shall not be
invoiced at prices higher than those stated in any contract resulting from this proposal.
RESPONSE ELEMENTS
State Lobbying Services 21 RFP #34-17
1. PROPOSAL SUBMISSION - Submit one (1) signed original proposal, three (3) copies of the
proposal, and one (1) electronic format copy on a disc or thumb drive, in a sealed
container/envelope.
2. PROPOSAL FORMAT (the following should be included and referenced with index tabs)
Table of Contents: Identify contents by tab and page number
TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the
following information:
1. The proposer’s understanding of the work to be performed.
2. A positive commitment to perform the service within the time period specified.
3. The names of key persons, representatives, project managers who will be the main
contacts for the City regarding this project.
TAB 2 – Demonstrated Experience Providing Lobbying Services with Local Governments
and/or Organizations; References
1. A statement of qualifications, abilities, experience and expertise in providing the
requested services.
a. A description of what qualifies your company, financial and otherwise, to provide the
City with these services for the required period of time, provide appropriate staffing,
provide necessary resources and show a history of demonstrated competence.
b. An assessment of the proposer’s abilities to meet and satisfy the needs of the City,
taking into consideration the requested services, additional services and/or expertise
offered that exceed the requirements, or the vendor’s inability to meet some of the
requirements of the specifications.
2. References – provide a minimum of three (3) references, preferably from other public
entities in the state of Florida, for whom you have provided similar services. Include the
name of entity, contact person’s name, phone number, e-mail address, mailing address,
type of service provided, dates the services were provided.
TAB 3 – Qualifications – Education and Training of Lobbyist(s)
Identification of personnel to be assigned to the City; resumes, including relevant experience may
be included.
TAB 4 – Cost for Services
The cost portion of the proposal should include a complete listing of hourly fees, rates, etc.,
applicable to requested services. All direct and indirect costs should be included.
TAB 5 - Other Forms. The following forms should be completed and signed:
1. Exceptions/Additional Materials/Addenda form
2. Vendor Information form
3. Offer and Acceptance form
4. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA
State Lobbying Services 22 RFP #34-17
Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation
document. Exceptions that surface elsewhere and that do not also appear under this section shall be
considered invalid and void and of no contractual significance.
Exceptions (mark one):
**Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a
Proposal non-responsive.
No exceptions
Exceptions taken (describe--attach additional pages if needed)
Additional Materials submitted (mark one):
No additional materials have been included with this proposal
Additional Materials attached (describe--attach additional pages if needed)
Acknowledgement of addenda issued for this solicitation:
Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda
have been issued.
Addenda Number Initial to acknowledge receipt
Vendor Name Date:
VENDOR INFORMATION
State Lobbying Services 23 RFP #34-17
Company Legal/Corporate Name:
Doing Business As (if different than above):
Address:
City: State: Zip: -
Phone: Fax:
E-Mail Address: Website:
DUNS #
Remit to Address (if different than above): Order from Address (if different from above):
Address: Address:
City: State: Zip: City: State: Zip:
Contact for Questions about this proposal:
Name: Fax:
Phone: E-Mail Address:
Day-to-Day Project Contact (if awarded):
Name: Fax:
Phone: E-Mail Address:
Certified Small Business
Certifying Agency:
Certified Minority, Woman or Disadvantaged Business Enterprise
Certifying Agency:
VENDOR CERTIFICATION OF OFFER
State Lobbying Services 24 RFP #34-17
By signing and submitting this Proposal, the Vendor certifies that:
a) It is under no legal prohibition to contract with the City of Clearwater.
b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as
well as its attachments, and any referenced documents.
c) It has no known, undisclosed conflicts of interest.
d) The prices offered were independently developed without consultation or collusion with any of the other
respondents or potential respondents or any other anti-competitive practices.
e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official,
or consultant who has or may have had a role in the procurement process for the services and or
goods/materials covered by this contract.
f) It understands the City of Clearwater may copy all parts of this response, including without limitation any
documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer,
or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable
law, subpoena, or other judicial process.
g) Respondent hereby warrants to the City that the respondent and each of its subcontractors
(“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration
laws and regulations that relate to their employees.
h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and
not debarred by any Federal or public agency.
i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes
and Rules if awarded by the City.
j) It is current in all obligations due to the City.
k) It will accept such terms and conditions in a resulting contract if awarded by the City.
l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit
binding offers for the goods or services as specified herein.
ACCEPTED AND AGREED TO:
Company Name:
Signature:
Printed Name:
Title:
Date:
MAILING LABEL
CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER
State Lobbying Services 25 RFP #34-17
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
SEALED PROPOSAL
Submitted by:
Company Name:
Address:
City, State, Zip:
RFP #34-17, State Lobbying Services
Due Date: August 29, 2017, at 10:00 A.M.
City of Clearwater
Attn: Purchasing
PO Box 4748
Clearwater FL 33758-4748
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
SEALED PROPOSAL
Submitted by:
Company Name:
Address:
City, State, Zip:
RFP #34-17, State Lobbying Services
Due Date: August 29, 2017, at 10:00 A.M.
City of Clearwater
Attn: Purchasing
100 S Myrtle Ave 3rd Fl
Clearwater FL 33756-5520
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
Presented To:
The City of Clearwater
Request for Proposals
#34-17
State Lobbying Services
August 25, 2017
Presented by:
Dean, Mead & Dunbar
215 S. Monroe Street, Suite 815
Tallahassee, Florida 32301
850-999-4100
www.deanmead.com
Orlando ∙ Fort Pierce ∙ Tallahassee ∙ Tampa ∙ Viera/Melbourne
Dean, Mead & Dunbar Page 1
TABLE OF CONTENTS
TAB 1 – Letter of Transmittal ................................................................................................2
TAB 2 - Demonstrated Experience Providing Lobbying Services with Local Governments
and/or Organizations; References ............................................................................4
1) Statement of Qualifications, Abilities, Experience and Expertise.......................4
2) References .........................................................................................................16
TAB 3 – Qualifications – Education and Training of Lobbyist(s) ......................................21
TAB 4 – Cost for Services ....................................................................................................28
TAB 5 – Other Forms ...........................................................................................................29
1) Exceptions/Additional Materials/Addenda form and Addendum #1
2) Vendor Information form
3) Offer and Acceptance form
4) W-9 form
DMNDEAEAA-r-roFtf\tEYs AT r-A\ /Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A420 South Orange Avenue, Suite 700P,O. Box 2346 (ZtP 32802-2346)Orlando, FL 32801(407) 841-1200(407) 423-1831 Faxwww.deanmead.comAttomeys and Counselors at LawOrlandoFort PierceïallahasseeTampaViera/MelbourneMARC D. CHAPMAN(407) 428-5127MChapman @deanmead.comAugust 25,2017Ms. Alyce Benge, CPPO, C.P.M.Purchasing ManagerCity of Clearwater Purchasing Off,rce100 S. Myrtle Ave., 3'd floorClearwater, FL 337 56-5520Re: Request for Proposals: #34-17 - State Lobbying ServicesDear Ms. BengeDean, Mead & Dunbar ("Dean Mead" or "the Firm") is pleased to respond to the City ofClearwater's Request for Proposal Number 34-17 for State Lobbying Services. On thefollowing pages, you will find our detailed proposal to provide full-service lobbyistrepresentation for the City.'We are honored to currently represent the City of Clearwater before state government andhope to continue our successful and productive tenure as the City's lobbyist. We also represent arange of private sector interests, as well as public entities. That experience, coupled with ourspecific knowledge of the issues impacting the City of Clearwater, allows us to continue toseamlessly provide the services outlined in the scope of services as the Legislature prepares foran early start to its 2018 Legislative Session.Our successes for the City of Clearwater and our other public sector clients are detailed inthe proposal below, and they span a wide variety of substantive and budgetary issues. Themembers of the Firm's Government Relations and Lobbying Team have been active stakeholdersin many statewide issues which impact the City, such as beach nourishment, tourist developmenttaxes, public mooring, vacation rentals, law enforcement body cameras, municipal elections, red-light cameras, local business taxes, economic development programs, homelessness initiatives,public records abuses and water supply and water quality.Dean, Mead & DunbarPage2
Our team has a great depth of relationships with the people who are key in the legislativeprocess and with state agencies, and we know that we are trusted and respected by governmentalleaders and their staffs.At Dean Mead, our Government Relations and Lobbying Team is very experienced andhands-on. V/e have developed a highly effective governmental relations team because we areknowledgeable and strategic, but also because we are good communicators, both with our clientsand Florida's elected leaders. The City of Clearwater has had, and will continue to have, directaccess to a former State Representative and veteran lobbyist, Mr. Peter Dunbar, who celebratedhis 5l't legislative session in Tallahassee this year. Mr. Dunbar is surrounded by an excellentteam with the combined experience of over 100 years working on the ground in Tallahassee. TheDean Mead team includes Martha Edenfield, Cari Roth, Brittany Finkbeiner and MichaelDobson. Key Project Managers, Peter Dunbar and Martha Edenfield, will serve as the mainpoints of contact for the City regarding State Lobbying Services. You have our commitment theCity will have immediate access to our entire team, and will always have timely and in-depthattention to your issues.V/e have a strong base of knowledge of the unique characteristics and issues facing theCity of Clearwater, and we hope to continue to put this knowledge to work for you. We have akeen understanding of the nature and scope of the work to be performed pursuant to this RFP forState Lobbying Services, including the representation of the City in advocating its LegislativePriorities.Thank you for considering our qualifications. We welcome the opportunity to interviewin person if the City would like to do so in advance of making a selection. We believe our skills,knowledge and relationships are an asset to the City of Clearwater's lobbying program and hopeto continue to have the opportunity to serve you.Sincerely,Marc D. ChapmanPresidentDean MeadMDC:kgDean, Mead & DunbarPage 3
Dean, Mead & Dunbar Page 4
TAB 2 - Demonstrated Experience Providing Lobbying Services with Local
Governments and/or Organizations; References
1) Statement of Qualifications, Abilities, Experience and Expertise in Providing the Requested
Services.
With 59 lawyers in five offices statewide, Dean, Mead & Dunbar (“Dean Mead”) has provided legal
representation to clients throughout Florida for over 37 years. Dean Mead’s Tallahassee office
opened in December 1, 2013. The Tallahassee office is home to 10 attorneys, including the
Tallahassee-based Government Relations and Lobbying Team. Our Dean Mead Team will maintain
an office in Tallahassee and will maintain a presence in the State Capital on behalf of the City of
Clearwater.
Our Government Relations and Lobbying Team at Dean Mead has extensive experience in
representing local governments and governmental type entities in legislative, legal, agency, and
appropriations matters. Our Team is comprised of five lawyer lobbyists with a combined
experience of over 100 years working in Florida’s state government. Collectively, our team is
one of the most respected and effective firms representing governmental and private entities before
Florida government. Individually, each of our team members is experienced and respected in the
way that only years of hard work and good results are earned.
Ability to Represent Local Government Clients Before the Legislature
As legislative counsel for local government entities, we have successfully assisted with a wide
variety of issues including infrastructure improvement projects, economic development, urban
redevelopment, brownfields, annexation, growth management, retirement, court administration,
workers compensation, environmental and waste management, telecommunications, health care,
transportation, building code and contractor licensing, and consumer issues, hurricane relief,
taxation, Article V, as well as appropriations issues.
Our Team’s extensive network of contacts within the Legislature and agencies of the state also can
provide critical, time-sensitive governmental information that will assist the City of Clearwater in
making informed decisions relating to the legislative and regulatory process.
Our Government Relations and Lobbying Team will enhance the City’s position in numerous
ways. We focus our political efforts throughout the entire state. Because of this statewide focus of
political campaign involvement, we have very strong working relationships with legislators from all
different regions of the state. We work diligently to maintain bi-partisan relationships at all levels of
state and local government.
Our Team has the ability to connect with legislative delegations throughout the state to demonstrate
why and how issues impacting the City are important to the rest of the state. We understand local
government and the City’s related issues very well through our lengthy experience representing the
City of Clearwater since 1996, as well as other governmental entities in Florida. This experience and
Dean, Mead & Dunbar Page 5
expertise allows us to ably assist in policy development as issues work their way through the
legislative process.
We are unique with regard to these and many other issues addressed by the Legislature in that our
Firm members are active participants in legislative negotiations. We’re looked to by legislators for
advice on many substantive and strategic matters, and are well respected in all aspects of the
legislative process.
Our experience extends to the executive branch. Three members of our Team have worked with the
executive branch at leadership levels. Our contacts within the executive branch are extensive and
because we know how they work and under what constraints, we effectively assist our clients in
navigating the executive branch.
Notwithstanding the fact that Governors Bush, Crist and Scott were at times very aggressive with the
veto power and that state government overall has in recent history been forced to operate with
significant financial constraints in a difficult economic climate, our Team has been able to secure
funding for our local government clients in past years. We also regularly monitor and forward grant
opportunities and can assist the City with strategizing effective grant proposal approaches. Also, we
have passed many important substantive bills at the request of our local government clients.
Our legislative team’s successes for our clients span a wide variety of substantive and budgetary
issues. We have been active stakeholders in many statewide issues, including many attempts at local
government preemption and the myriad of legislative proposals that substantially impact local
government budgets such as communications services’ taxes and local business taxes. Our Team has
a great depth of relationships with the people who are key in the legislative process and with state
agencies, and we know that we are trusted and respected by governmental leaders and their staffs.
At Dean Mead, we have developed a highly effective lobbying team because we are knowledgeable
and strategic, but also because we are good communicators, both with our clients and governmental
decision makers. The City of Clearwater has and will have constant access to our entire Team, and
continue to have timely and in-depth attention to your issues. We will provide timely information
and assessments regarding budgetary and regulatory issues affecting the City. This includes regular
written reports and communications on issues of specific interest to the City. We will provide written
status reports on the State Legislative Agenda on a weekly basis during the Legislative Session and
will be available for weekly status calls with your designated contact.
Through years of working with staff members, Legislators and executive level policy makers, we
have earned a solid and stellar reputation for representing clients with zealous and strategic
advocacy, armed with a thorough understanding of the facts and statutory environment of the issues.
We are often in the great position to work with Legislators and agency heads as trusted advisors and
experts on legislation and policy. In other areas where we may not have the depth of understanding,
we work hard to develop it, and pride ourselves in being able to digest complex subjects and make
the client’s position understandable.
Our Team maintains a steady workload that is properly balanced among all proposed team members
to ensure we provide the most responsive level of service to our clients. Dean Mead offers the City
Dean, Mead & Dunbar Page 6
our depth of resources to be able to provide a broad range of services in all of the areas identified in
the Request for Proposals. During the committee weeks and the Legislative Session, the hours we
work are expanded and our availability is as well. We do have the capacity to incorporate all
workload needs for the City of Clearwater in a timely and efficient manner throughout the duration
of the contract period.
Our Team is well acquainted with the new House Rules for Lobbyist and Public Contract Disclosure,
as well as statutory and Joint Rule requirements. We are equipped to advise the City with
compliance with these new requirements. As lawyers we are held to the Ethical Standards of The
Florida Bar and the Florida Rules of Professional Conduct. In addition, our Team includes a former
chairman and two-term member of the Florida Ethics Commission. Our activities will always be to
the highest standard.
History of Demonstrated Competence
Below are some highlights of our Team’s history and experience in the representation of local
governments and public sector entities:
Economic Development, Commerce, Tourism
o Secured legislation which expanded and created enterprise zones for various local
government clients.
o Created a unique energy economic zone in law for Sarasota County.
o Played an integral role in passage of legislation which required a local referendum in
Dade and Broward Counties on the question of whether to allow slot machines at pari-
mutuel facilities.
o Helped to pass and re-implement caps on attorney’s fees in workers’ compensation cases.
o Actively participated in the effort to substitute comparative fault for joint and several
liability issues.
o Defeated legislation and proposed constitutional amendment which would have imposed
review and repeal of sales tax exemptions including sales tax on services.
o Played a leadership role in defeating the Online Travel tax exemption bills during the
multiple Legislative Sessions.
o Assisted Glades County with funding for a Training Center.
o Played an integral role in the creation and expansion of the statewide Brownfield
Program and extended the Brownfield Loan Guarantee Program.
o Worked with FDOT and Enterprise Florida and FDEO on facilitating the location of
multiple economic development projects in Glades County.
o Obtained ad valorem incentives and a sales tax exemption for data centers.
o Successfully teamed with LOC and others to defeat legislation imposing additional
restrictions on local regulation of short-term rentals.
Transportation
o Authored and secured passage of legislation which allowed the Department of
Transportation to reinterpret the law in our favor and thereby making our client eligible
for up to $13 million in funding for the Clearwater Memorial Causeway Bridge.
o Facilitated the acceleration of numerous FDOT projects within the 5 year plan.
Dean, Mead & Dunbar Page 7
o Authored and secured passage of legislation creating Port Citrus.
o Played a significant role in the creation and structuring of TBARTA, the Bay area
regional transportation authority.
o Modified budget and statutory constraints on Small County Outreach Program
transportation funding and Transit funding.
o Facilitated state funding assistance for a local roadway serving as an access road to a
state park and as a critical hurricane evacuation route.
o Expanded local control over golf cart use on state roadways.
o Facilitated state funding assistance for economic development projects.
Coastal Issues
o Played an integral role in the creation of the Tampa Bay Water Transfer Act and
negotiation of the partnership agreement with the SWFWMD.
o Led the successful effort to restrict the ocean release of sewage and other waste by day
cruise gambling vessels.
o Secured millions of dollars in funding from the Department of Community Affairs for
Hurricane Disaster Relief Funds.
o Facilitated FEMA/FDEM approval and funding for emergency beach re-nourishment,
from application through funding.
o Secured millions of dollars over the years in beach re-nourishment funding.
o Worked with the Florida Shore and Beach Preservation Association to secure passage of
landmark beach restoration legislation, and continue to work with them on funding and
modifications to the Act.
Law Enforcement, Public Safety
o Secured funding for an opioid pilot project for Manatee County.
o On behalf of local governments, the Dean Mead Team has worked for many years to
secure full funding of the Medically Need program, Transportation Disadvantaged,
nursing home payments and other programs which greatly impact local governments.
o Successfully grandfathered local ordinances regulating “pill mills”.
o Helped defeat legislation that crippled local pre-trial detention programs.
o Defeated efforts to undermine local control of ambulance services.
Energy, Environment and Natural Resources
o Played an integral role in the creation of Tampa Bay Water Transfer Act and negotiation
of the partnership agreement with the SWFWMD.
o Led the successful effort to restrict the ocean release of sewage and other waste by day
cruise gambling vessels.
o Played an integral role in the creation and expansion of the statewide Brownfield
Program and extended the Brownfield Loan Guarantee Program.
o Actively and successfully defended against removal of the provision grandfathering local
fertilizer ordinances.
o Played an integral role in growth management statutory changes for the last two decades.
o Helped rewrite law in 2001 and 2015-16 for the planning and implementation of water
resource protection and integration with local government planning.
Dean, Mead & Dunbar Page 8
o Assisted with location and permitting of solar and biofuel facilities, and statutory
implementation of the 2016 constitutional amendment on solar tax exemptions.
Water and Sewer Infrastructure
o Helped acquire funding for the Tampa Bay Regional Reclaimed Water Project (multiple
years) in the amount of $10,500,000.
o Acquired millions of dollars in funding for Sarasota and Charlotte Counties for
successive years of septic tank replacement programs.
o Secured funding for Manatee County for reclaimed water system funding and an
innovative system to remove taste and odors from drinking water.
o Helped secure regional agreement on water supply infrastructure for Charlotte County.
o Helped secure millions of dollars in DEP/NPDES grant funding for Charlotte County.
o Secured funding for Clearwater Sanitary Sewer expansion program.
Emergency Preparedness and Recovery
o Helped the City of Clearwater obtain funding for a Homeland Security Volunteer Team
and Emergency Operations Center.
o Secured passage of legislation requiring a study of the appropriate boundaries of the
Citizens Property Insurance High Risk Account.
o Assisted Glades County in securing improvements for emergency facilities.
o Helped Charlotte County obtain millions of dollars in hurricane relief funding for
reconstruction in 2005-2006.
Arts, Culture, and Leisure Services
o Drafted and facilitated passage of Spring Training legislation which allowed the City of
Clearwater and the City of Sarasota to retain Major League Baseball spring training.
o Obtained full FRDAP funding for many parks in Manatee, Charlotte, Sarasota and
Pinellas Counties.
o Assisted local governments with successful FCT grant funding.
o Ensured an interpretation of library funding which enabled Charlotte County to receive
funding for its grant application.
o Helped obtain multiple appropriations for a regional rowing center in Sarasota County.
Experience and Expertise in the State Legislative Process
We offer the City of Clearwater a range of policies, procedures, and techniques to be used in
performing the services identified in the Request for Proposals. These include the capability to
communicate effectively with the City, the ability to draw on years of experience to recommend
proactive strategies to benefit the City, the depth and experience to advocate for the City on any
issue, and the ability to provide in-depth research and complicated legislation drafting services to the
City. Functioning as a true Team, the Firm’s policy and practice is to assign client issues and tasks
to Dean Mead member(s) with the most experience, best contacts and overall capabilities to perform
the task.
Much of the Legislature’s agenda is established and its business addressed during Interim
Dean, Mead & Dunbar Page 9
Committee weeks prior to Session. We will review and provide advice on the development of the
City’s State Legislative Program prior to Committee weeks to enable the City to be prepared as early
legislative activities begin. Our Government Relations and Lobbying Team covers all Interim
Committee weeks and any Special Session. Each client will have a specific legislative affairs team
member assigned as the lead client contact. For the City of Clearwater, Dean Mead proposes that
Peter Dunbar be the primary contact to interface with the City and coordinate the activities of our
team.
Dean Mead employs a multi-tiered approach to the organization and management of the issues of a
particular client. We will evaluate the client’s issues and assign a team of lobbyists. Issues are then
broken down by subject matter, and in assigning the lobby team, we will weigh factors such as the
scope and complexity of the issues, a particular lobbyist’s experience in certain areas and
relationships with particular members and committee staff, and other miscellaneous factors.
Once the team is formed, specific issues, general subject matter and administrative assignments are
made. Administrative assignments include the primary contact person for the client, bill tracking,
calendar development, and report preparation. The entire Government Relations and Lobbying
Team meets together at least weekly during the Session, and members from the various teams meet
at least daily. All Team members are familiar with all client issues so that they are able to share
pertinent information with the appropriate team leaders. A team leader is responsible for strategic
management, internal communication, task assignments and oversight of team members. Team
members are responsible for appropriately and effectively carrying out assignments and internal
communication. This approach ensures that no client priority is overlooked.
Key to effective representation will be the establishment of clear lines of communication between
the City and the Firm. During the Legislative Session, we are available days and nights, 7 days a
week to respond to any calls, e-mails or texts from the City. We are results-oriented and will devote
the hours as necessary to achieve the legislative goals of the City.
To facilitate immediate contact when necessary, our Team will provide the City with a list of the
cellular and office telephone numbers, e-mail addresses, and other contact information. While the
Legislature is not in Session, we will report via conference call or written updates to the appropriate
City representatives on an as needed basis to share information, provide updates and progress
reports, discuss strategy and goals, and assign coverages. We are able to travel to Clearwater to
report on activities engaged in while representing the City as desired.
All members of our Government Relations and Lobbying Team will be at the Capitol during Session
covering meetings of interest to the City and coordinating as needed with the City. While our
lawyers and lobbyists are at the Capitol, our direct support staff assists from the office.
As a law firm with a Tallahassee office, we do not have to contend with any travel issues and are
able to be in any state office within 30 minutes. Our Tallahassee office is literally a few hundred
feet from the Capitol building, allowing us to respond to emergency issues on behalf of the City,
whether the issue arises during Session or in the interim, quickly and efficiently.
Dean, Mead & Dunbar Page 10
Our Firm maintains excellent legal and administrative resources bolstering our Team’s ability to
draft complicated pieces of legislation. We pride ourselves on the lawyers and former legislative
staff members who have drafted some of the most complex legislation considered in recent decades.
In addition to our core Government Relations and Lobbying Team, the Firm has lawyers with a
broad range of expertise who can be available to assist with research and drafting.
Our Government Relations and Lobbying Team is equipped to handle client legislative research
requests. Our advanced research capabilities include utilization of the latest legislative and legal
research technologies to track issues related to City government and identify emerging opportunities
which might impact the City. These include online access to legislative information via Online
Sunshine, Westlaw and other Internet resources.
We subscribe to the LobbyTools legislative tracking system. This system allows our Team to set up
accounts for each client and track electronically the movement of legislation through the
process. Further, the system can be programmed to e-mail or page the Firm’s lobbyists anytime
important legislation is acted upon. The system provides us access to all filed legislation, summaries
of bills, and bill analyses. LobbyTools also scans all legislation for amendments to statutes that
impact the City and will notify Dean Mead of such activity. Our Team is prepared to obtain
documentation and research materials and deliver materials at the request of the City.
It is also important to mention that our Team has analyzed the recently adopted House Rules
regarding budget projects. We’re equipped to advise the City on facilitating compliance with the
new rules.
While our Team represents numerous governmental entities and private concerns, each of these
representations varies in scope and complexity. By utilizing a team approach to lobbying, we ensure
that all client projects receive the requisite time, resources and management attention.
Ongoing Relationships with Key Members and Legislative Committee Staff
Dean Mead’s full range of lobbying legislative counsel and advocacy services includes regularly
meeting with the individual members of the Legislature from every area of the state in order to
clearly articulate and advocate the City’s position on issues. We are available to appear and testify
at Legislative Committee hearings on behalf of the City in support of, or in opposition to,
legislation. Each and every member of our Team is available to attend and appear before committee
meetings on behalf of the City as assigned.
Dean Mead has the ability to work with legislative bill drafting offices to prepare proposed
legislation and amendments in the correct form and format. As part of our issue advocacy, we
regularly prepare white papers and issue summaries to assist legislators and staff through clear and
concise explanations of often complex issues.
Our Team will monitor and review all substantive floor amendments and bills, and will prepare
reports advising the City of the status of legislation following committee weeks and during Session.
Dean, Mead & Dunbar Page 11
The Dean Mead Team will effectively communicate City Council policy positions to the Legislature,
The Administration and state agencies. This includes scheduling meetings for the Mayor, members
of the City Council, City Manager, or City legislative staff with members of the Legislature, the
administration and with state agency representatives to discuss the City’s priorities, initiatives and
concerns. We will provide advice and counsel on the timing, necessity and subject matter, including
the key points needing to be discussed at any of these meetings. We will advise the City on the
necessity to write letters of support or opposition on pending legislation on state policy issues.
Each and every member of the Firm is available to work on issues based on the needs and best
interests of the client. Often, relationships and contacts with the legislators and the staff are as
important as knowledge of the issues. The depth of talent on our Team allows for coordination of
the best contact person(s) with those with knowledge of the issue in order to gain the best access
point and messenger to get the interests of the client presented to the appropriate decision
maker. We will coordinate with the City and any and all team members, as needed.
Coordination with Stakeholders: With years of working in governmental service and experienced
lobbyists in private practice representing a wide spectrum of corporate, not-for-profit and
governmental clients, Dean Mead has a broad range of experience and expertise. We recognize the
value of coordination with other stakeholders such as the Florida League of Cities, Florida
Association of Counties and the Florida Shore and Beach Preservation Association, to create a team
of representatives for client needs. We have demonstrated the ability to work in conjunction with
the Florida League of Cities in support or opposition of legislation, budget issues and agency rules
affecting cities.
We are driven to success by achieving the desired result for the client, not by seeking recognition or
credit for the accomplishment. As lawyers, we are specifically trained to find answers and solve
problems, including creating programs and drafting legislation to implement the legislative goals of
the City.
Proactive Approach: Throughout the year, Dean Mead will identify and notify the appropriate City
representatives in advance of opportunities related to grants and funding availability for
transportation, community and economic development, environmental matters, infrastructure
improvement, hurricane recovery efforts, housing and urban development, homeless programs,
intermodal programs, and any other areas that may be of interest to the City. We will work with City
staff to spearhead efforts to seek demonstration grant opportunities for funding the City
Commission’s priorities. Also, we will work closely to assist the City in obtaining state permits and
grants, as well as helping to identify grant opportunities.
Dean Mead always strives to get the best for our clients by creating a proactive atmosphere for the
client. Our Team’s experience creating a state spring training funding program on behalf of the City
of Clearwater is a good example of creating a proactive atmosphere. In analyzing the Governor’s
vetoes of the initial spring training funding, Dean Mead created a strategy for client success in the
next Session. Drawing on the legislative experience of drafting and passing the first publicly funded
sports stadium in Florida’s history and the knowledge of various tax incentive/credit programs, we
found an untapped source of tax credits and drafted detailed legislation for a new statewide program
to use these tax credits for the benefit of Clearwater. The Dean Mead Team worked with affiliated
Dean, Mead & Dunbar Page 12
spring training venues in the passage of the legislation, but always made sure the ranking criteria
would have Clearwater safely in the funding allocation. The program was a success, passing the
Legislature unanimously and being signed by the Governor, and was the cornerstone of continuing
Clearwater’s spring training tradition.
Ongoing Relationships with Members of the Florida Legislature
The members of the Dean Mead Team have longstanding and ongoing relationships with the
members and staff of the Florida Legislature and state agencies. These relationships have been
forged over four decades of public service and private sector advocacy. We work diligently
throughout the year to maintain strong bi-partisan relationships with the members of the Legislature.
Our ongoing relationships with members of the Florida Legislature are further demonstrated in the
references included in this response.
Serving as Senate reapportionment counsel has provided members of the Dean Mead Team an
opportunity to solidify relationships with current and future members of the Legislature.
Additionally, the Dean Mead Team worked with candidates throughout this election cycle to further
establish relationships with the potential new members of the Legislature.
Ongoing Relationships with the Executive Branch Agency Staff
As a prominent Tallahassee presence in the state and local legal community, we are able to fully
integrate a work plan on behalf of the City of Clearwater with the policies, procedures and
legislative staff of the various state agencies. It’s our practice on behalf of our clients to coordinate
legislative goals and programs as early as possible with the relevant state agency, thereby
dramatically increasing the chances of ultimate success in legislative proposals and gubernatorial
approval.
Our Tallahassee location facilitates this year-round contact and fosters close and successful working
relationships with Executive agency personnel, as well as Legislative staff. Our Team maintains
ongoing relationships with state agencies and successful working relationships with these agencies.
It is not an exaggeration to state that, based on our longevity and prestige in the Tallahassee legal
community, that one or more members of our Team will have contacts in, and access to, all agencies
of state government.
Our Government Relations and Lobbying Team and other lawyers of the Firm represent clients in
proceedings involving state agencies under Florida's Administrative Procedure Act, including
promulgation of rules, rule challenges, development permitting, bid protests, certificates of need,
declaratory statement petitions, electric utility territorial disputes, and public utilities regulation.
Familiarity with the extent of agency jurisdiction, policy and rulemaking procedures helps us to be
most effective when interacting with state agencies.
Dean, Mead & Dunbar Page 13
Familiarity with State Agencies and a Record of Successful Working Relationships with These
Agencies
We have represented clients before the Executive Office of the Governor and most of Florida's
administrative agencies, including the Departments of: Financial Services; Business and Professional
Regulation; Economic Opportunity; Environmental Protection; Transportation; Management
Services; Health; Revenue; and Agriculture and Consumer Services; as well as the Agency for
Health Care Administration, the Public Service Commission, the Office of Insurance Regulation, the
Office of Banking and Securities, the Attorney General's Office of Anti-Trust, the Florida Housing
Finance Corporation, and the state's water management districts.
Our Team has represented public agencies in matters concerning real estate, eminent domain, land
use and zoning, environmental permitting, bid protests, construction disputes and construction
contracting, drafting and negotiating joint project agreements, mutual use agreements, interlocal
agreements and co-funding agreements. We have also worked extensively with public records and
sunshine law matters.
Our Government Relations and Lobbying Team offers additional services and expertise that exceed
the requirements of the specifications. For example, we have worked with the City of Clearwater’s
Office of General Counsel to create easement covenants in a condominium for additional public
parking in the downtown core. We have also assisted the City with re-authorizing the authority for
anchoring regulations with the Florida Fish and Wildlife Conservation Commission. We have been
available to the City for several special legal projects before state agencies including working with
the DEP on permit issues related to turtle nesting season and regarding beach activities, including
facilitating the revision and renewal of the permit for construction activities at Pier 60 Park.
Our Team has been a key player in crafting and supporting legislation to solve specific problems and
issues raised by the City and which has proven to be beneficial to Clearwater and other
municipalities including:
Brownfield Redevelopment: The Team was active in passage of the 1997 Brownfields
Redevelopment Act and in the 1998 Brownfield glitch bill. The purpose of these Acts is to
provide meaningful environmental and economic incentives for the cleanup of, and private
investment in, the development of contaminated and abandoned urban areas. The Firm has
continued to work on obtaining Brownfield Remediation Funding.
Retention of Spring Training Franchises: Our Team, representing the City of Clearwater,
worked to write and pass legislation providing tax dollars to renovate spring training baseball
stadiums which is intended to keep major league teams from leaving Florida's Grapefruit League
for the Cactus League in Arizona and Nevada. Teams will be required to stay at current Florida
sites for at least fifteen years and local governments must be willing to pay for at least half the
upgrades to qualify for shares of $75 million in state sales tax revenue that would be allocated
for such projects over 30 years.
Submerged Lands Local Bill: Our Team worked with the City’s legal counsel, the Pinellas
County Legislative Delegation, the Department of Environmental Protection Division of State
Dean, Mead & Dunbar Page 14
Lands and other stakeholders to draft and pass legislation ratifying uses of submerged lands
adjacent to the Memorial Causeway.
Pinellas County Tourist Development Council Membership: Our Team helped in the drafting
and passage of legislation to change the membership of the Pinellas County Tourist
Development Council to provide for the City of Clearwater to have a member.
Article V Filing Fees: Our Team worked on behalf of the City to revise the code enforcement
filing fee to $10.00 for those cases resolved outside of court and $40.00 for contested
proceedings.
Implementation of “One City One Future” Programs: From 1997-2002, the City of
Clearwater sought funding to implement its "One City One Future" vision. These appropriations
included unique and creative projects. For example, in 1997, Pete Dunbar and Martha Edenfield
obtained a $750,000.00 appropriation for the City of Clearwater to create, transport and
showcase a Florida tourism pavilion in the 1998 Olympics in Nagano, Japan, and worked closely
with the Secretary of the Department of Transportation to reinterpret substantive law, which
made the City eligible for up to $13 million in funding for the Memorial Causeway Bridge.
Additional Examples of Successes Include:
Memorial Causeway Bridge Construction up to $13 million
Spring Training Franchise Retention up to $15 million
Stevenson Creek $2,500,000
Clearwater Sister City Program $750,000
Brownfield/Enterprise Zone $600,000
Brownfield Remediation Clean-up and Redevelopment $525,000
City of Clearwater Brownfield Remediation $500,000
Job Development Centers at USF Brownfield Site $397,000
Enterprise Zone Designation – Tax Refund $7,500 per QTI Job; $2,500 per job
Brownfield Redevelopment Bonus
Clearwater Homeless Intervention Program $570,000
Clearwater Town Pond $400,000
N. Greenwood Branch Library $300,000
Clearwater Beach Monorail $150,000
Greenwood Community Health Center $400,000
Homeland Security Volunteer Team $100,000
Emergency Operations Center $100,000
East-West Recreation Path $100,000
City of Clearwater City Center Park $857,302
City of Clearwater Wolfe Preserve $140,000
Softball Complex (FRDAP) $200,000
Clearwater East/West Trail (FRDAP) $150,000
Aquatic Center (FRDAP) $200,000
Sanitary Sewer Expansion $250,000
Capitol Theatre Renovation $1,000,000
Dean, Mead & Dunbar Page 15
Of course, success in legislative representation is measured not only in the issues which have gained
legislative passage, but often in those measures which did not pass. We have worked successfully to
defeat or neutralize legislation on issues such as the control of solid waste recovered material,
mandatory property set asides for working waterfronts and mandatory restriction of public library
internet access. We have been instrumental in passing and later defending the grandfather clause
protecting local ordinances relating to the seasonal sale and use of fertilizer. We also worked to
defeat legislation that would preempt local ordinances related to vacation rental property and short-
term rentals.
Dean, Mead & Dunbar Page 16
2) References from other public entities for whom our team has provided similar services.
a) Charlotte County
Ms. Emily Lewis, Legislative Manager
18500 Murdock Circle
Port Charlotte, FL 33980
Phone: (941) 743-1582 Fax: (941) 743-1554
E-mail: Emily.Lewis@charlottecountyfl.gov
Scope of Services Provided: Dean Mead’s Government Relations & Lobbying team currently
serves as primary legislative counsel for Charlotte County. Primary issues in recent years have
included appropriations for sewer projects and transportation initiatives, reducing consumer costs
associated with advanced treatment wastewater units, economic development initiatives and defense
on many proposed changes to home rule authority such as fertilizer ordinances and pain management
clinic regulation. Previous representation included budget priorities associated with hurricane
recovery, land use and growth management bills, impact fees, taxation issues, and library funding.
We have assisted the County Attorney’s office in evaluating options for litigation on DJJ funding,
and successfully assisted on grant applications for beach funding and stormwater funding.
We’ve had numerous successes in obtaining funding, passing and more frequently thwarting bad
legislation. In every year that we have worked for the County, we have obtained or enabled funding
for water projects in the amount of $500,000 to $750,000. We have also obtained for Charlotte
County beach re-nourishment and monitoring funding over $3 million; a $2 million dollar FDEP
stormwater grant; funding for a new CAT Team; library funding; and disaster relief. We
successfully engaged in an effort to include Charlotte County in qualification for a small county
transportation fund which will be a future source of funding and which has enabled several projects
to proceed in Charlotte County.
We regularly work with similarly impacted entities. One example was involvement in a study by
FDEP to address issues raised by inconsistent policy regarding reclaimed water. We successfully
achieved greater control of reclaimed water by the entity which creates it by ensuring that it was not
subject to permitting as an additional source by FDEP.
A few years ago, a threat was posed by legislation for the bail bonds industry to the utilization of
successful pre-trial detention programs in most communities in Florida. For several years, we
worked alongside other communities to fend off this harmful legislation. It was a great team effort
with law enforcement, and one that we were glad was continually successful. Similarly, several
efforts have been made to preempt local regulation of pain management clinics. These very
effective local ordinances were preserved.
Another great team effort with law enforcement was the effort to thwart an attempt at preemption of
local regulations of secondary metal recycling. This successful local effort to combat metal theft was
grandfathered while the Legislature adopted desirable statewide regulation.
During our tenure with Charlotte County, there was a proposal to downsize the SFWMD Governing
Board, which we helped ensure was short-lived. The importance of representation on this Board is
Dean, Mead & Dunbar Page 17
understood as the Water Management District is an important source of water quality project
funding, as well as a vital partner in potable water planning.
Dates of Service: 2005 -2007 and 2012 to present
b) Manatee County
Mr. Nicholas Azzara, Information Outreach Manager
Manatee County Administrator’s Office
1112 Manatee Avenue, West
Bradenton, FL 34205
Phone: (941) 745-3771 Fax: (941) 745-3790
E-mail: Nicholas.azzara@mymanatee.org
Scope of Services Provided: Dean Mead’s Government Relations & Lobbying Team performs
general governmental affairs activities before the executive and legislative branches of Florida
government. We have actively participated on behalf of Manatee County on a number of issues
during our representation, including growth management, preemption issues such as fertilizer
regulation, pain clinic regulation, juvenile justice and pre-trial detention programs, transportation,
workers’ compensation, cable regulation, hazardous materials fees, and property and tourist taxes.
We drafted and passed changes for the County on the use of phosphate tax proceeds, obtained
appropriations for water projects and working with the Florida Shore and Beach Preservation
Association, funding for beach restoration. We have assisted the County Attorney's office with a
Cabinet item and have assisted public works on FDEP permitting issues and endangered species
issues. We have defended against targeted legislative efforts to undermine a local zoning decision
and amended statutes to allow the County to participate in a local transit tax option. We engaged in
the formation of a regional transportation agency, TBARTA, and worked to make sure the agency’s
powers did not supercede local government authority. In 2016, we spearheaded changes to animal
control law to respond to problems in the Statute revealed by a local dog bite case. Working with
other interested parties, we were able to successfully modify the law. We have also represented the
County on agency items such as rulemaking by DCA, and have facilitated staff participation in a
FDOT study of proportionate share transportation fees. We often participate in work groups of the
Florida Association of Counties on behalf of the County.
On behalf of Manatee County, we have been successful in achieving very good results in beach
restoration and water project funding in the range of $3 million each year over the last several years.
We have successfully supported economic development projects in the County, and significant road
and port improvements. We also successfully negotiated statutory changes to clarify the relationship
and authority over guardian ad litem program employees.
Over the last three years, we have worked closely with the County Attorney to craft a solution to the
County’s apparent lack of lien authority over property with extensive unpaid utility bills. Due to a
quirk in the County’s special act authorizing the utility, it was an outlier in lacking this authority, yet
there was reluctance on one delegation member’s part to grant this authority. After thwarting efforts
to amend the local act for two years, we negotiated a compromise and the delegation unanimously
Dean, Mead & Dunbar Page 18
passed the bill. When the same delegation member attempted again to kill the effort, we organized
the delegation and addressing every concern, were able to pass the legislation.
Dates of Service: 2004 to present
c) Pinellas County
Mr. Canaan McCaslin, Intergovernmental Liaison
Office of the County Administrator’s Office
315 Court Street
Clearwater, Florida 33756
Phone: (727) 464-5758 Fax: (727) 464-4384
E-mail: cmccaslin@pinellascounty.org
Scope of Services Provided: Since 2002, members of the Dean Mead Government Relations and
Lobbying Team have served as the lead consultants in a joint venture with two other lobbying firms
in providing general legislative and administrative representation to Pinellas County on all issues
impacting county government, including appropriations matters. Most recently we worked to secure
passage of the local bill relating to the membership of the Pinellas County Planning Council. We
have successfully amended environmental resource permit bills to exempt Pinellas and similarly
situated counties from mandatory program delegation.
We have worked closely with the Florida Association of Counties in successfully defeating
legislation to provide that online travel services would not have to pay local tourist development
taxes. We also successfully amended the fertilizer preemption bill to grandfather the Pinellas County
ordinance and have successfully defeated efforts to remove the grandfather provision. We have also
worked with the Florida League of Cities and the Florida Association of Counties to amend
legislation enacting the taxpayer bill of rights (TABOR) to hold local government harmless.
We have worked closely with the Florida Shore and Beach Preservation Association in securing
passage of the Dennis L. Jones Beach and Shore Preservation Act and in securing several million
dollars in funding for beach re-nourishment projects in Pinellas County. We have in recent years and
will continue to lobby in opposition to offshore oil drilling. We have worked with the offices of
Senator Nelson and Senator Rubio on RESTORE Act issues related to the BP Oil spill.
We have worked closely with the Florida Association of Counties to legislatively and
administratively mitigate the impact of the state collection of county Medicaid backlog payments.
We have also worked with the Department of Juvenile Justice and the legislature to enact a more
equitable billing formula for county detention facilities.
Dean Mead’s Government Relations and Lobbying Team is the lead on transportation issues for the
County, and we have represented Pinellas County on major legislative initiatives including growth
management legislation, impact fee legislation and employment legislation. We participate in the
Large County Coalition Association on behalf of Pinellas County.
Dean, Mead & Dunbar Page 19
Our team continues to advocate on behalf of funding of affordable housing and homeless programs
at both the State and Local level.
We have successfully negotiated amendments to legislation to address issues that detrimentally
affected Pinellas County employees employed by the Clerk of Courts. We successfully amended
Clerk Audit legislation to hold Pinellas harmless.
Dates of service: 2002-Present
d) Tampa Bay Water
Ms. Michelle Stom, APR
Chief Communications Officer
Tampa Bay Water
2575 Enterprise Road
Clearwater, FL 33763
Phone: (727) 791-2305
E-mail: mstom@tampabaywater.org
Scope of Services Provided: Members of the Dean Mead Government Relations and Lobbying
Team have provided executive branch and legislative representation for Tampa Bay Water since
1994. In that representation, our team members have created and passed the legislative initiative
creating Tampa Bay Water, as well as having been a part of every legislative initiative relating to
water quality, supply and development since Tampa Bay Water’s inception.
On behalf of Tampa Bay Water, we helped author and pursue the passage of the reorganization and
modernization of chapter 373, Florida Statutes. We participated in the Florida Water Coalition in the
pursuit of adequate funding of water supply initials. In a recent Session, we were able to defeat
efforts which would have diverted major funding to a few select projects, thereby ensuring that the
uniqueness of Tampa Bay Water and its services were recognized and not impaired. In recent years,
we secured state appropriations finding of $10.5 million for the Regional Reclaimed Water and
Downstream Augmentation Project and $650,000 for substation upgrades.
Dates of service: 1994 to present.
Additional References:
Senator Jack Latvala
Florida Senate
26133 U.S. Highway 19 North, Suite 201
Clearwater, FL 33763
Phone: (727) 793-2797
E-mail: latvala.jack.web@flsenate.gov
Dean, Mead & Dunbar Page 20
Representative Chris Sprowls
Florida House of Representatives
2364 Boy Scout Road, Suite 100
Clearwater, FL 33763-0901
Phone: (727) 793-2810
Email: chris.sprowls@myfloridahouse.gov
Representative Chris Latvala
Florida House of Representatives
2963 Gulf to Bay Boulevard, Suite 206
Clearwater, FL 33759-4200
Phone: (727) 724-3000
Email: chris.latvala@myfloridahouse.gov
E.D. “Ed” Armstrong, III
Shareholder
Hill Ward Henderson
600 Cleveland Street, Suite 800
Clearwater, FL 33755
Phone: (727) 259-6789
Email: ed.armstrong@hwhlaw.com
Ed Hooper
Former Member of the Florida House of Representatives
Former Member of the Clearwater City Commission
P.O. Box 4268
Clearwater, FL 33758
Phone: (727) 458-4751
Email: hooper4senate.com
Dean, Mead & Dunbar Page 21
TAB 3 - Qualifications – Education and Training of Lobbyist(s)
Peter Dunbar will serve as the primary point of contact for the City of Clearwater on this contract.
Pete was admitted to the Florida Bar in 1972, and during his professional career has worked
extensively in the field of real property law and with the law governing condominiums and
community associations. He is a member of the American College of Real Estate Lawyers.
In addition, Dean Mead’s other Legislative Team Leaders are Martha Edenfield, Cari Roth, Brittany
Finkbeiner and Michael Dobson. The professional bios for all five members of our Team are
provided below:
Pete Dunbar's practice focuses on governmental, administrative, and real property law. Drawing on a
distinguished background of public service, he represents and advocates on behalf of a variety of
private and public interests before the Florida Legislature and the Executive Branch departments and
agencies of Florida state government.
Pete began his long career in Florida government in 1967 as a staff director in the Florida
Legislature. He served as the Pasco County attorney and later served for 5 terms as a member of the
Florida House of Representatives. Upon leaving the Legislature, he held the posts of General
Counsel and Director of Legislative Affairs for Governor Bob Martinez and later served as the
General Counsel at the Department of Financial Services. Pete served as Chief of Staff during the
transition from the Martinez administration to the administration of Governor Lawton Chiles, and he
is former Chairman and 2-term member of the Florida Ethics Commission.
Pete was admitted to the Florida Bar in 1972, and during his professional career has worked
extensively in the field of real property law and with the law governing condominiums and
community associations. He is a member of the American College of Real Estate Lawyers; he serves
as an adjunct professor at FSU College of Law; and he has been selected by his peers as a member
of Florida Trend's Legal Elite Hall of Fame.
Pete’s experience has included more than two decades of representation before the Legislature, the
Governor, the Cabinet and state agencies for a variety of interests, including businesses, professional
organizations, the Florida judiciary, local governments, and trade associations.
Pete’s projects have included passage of new laws that provide:
Peter M. Dunbar
Office: Tallahassee
Address: 215 S. Monroe Street, Suite 815
Tallahassee, Florida 32301.
Title: Shareholder
Phone: (850) 999-4100 Fax: (850) 577-0095
Email: pdunbar@deanmead.com
Dean, Mead & Dunbar Page 22
New options for creation of special purpose agencies for regional water supply and wastewater
treatment.
Statutory rewrites to modernize the chapters of Florida law regulating condominium and
community housing, outdoor advertising, land trusts, lien rights and foreclosure.
New innovative funding options for local governments to provide improved transportation
infrastructure, new sports and recreational venues, stormwater treatment facilities, economic
development incentives, brownfield remediation and preservation of conservation lands.
Pete has provided testimony as an expert witness in cases involving condominium and real
property disputes.
For more than four decades, he has represented condominium associations and homeowners’
associations in community operations and governance, covenant enforcement and interpretation,
and other legal issues involved with community living.
He has also provided appellate advocacy for clients in the Florida Supreme Court and district
courts of appeal.
Key Practice Areas
Governmental & Legislative Affairs
Real Property & Condominium Law
Administrative Law
Water and Growth Management Law
Gambling and Pari-mutuel Law
Education
Juris Doctor: Florida State University College of Law, Tallahassee, Florida, with honors, 1972
Bachelor of Arts Degree, Political Science: Florida State University, Tallahassee, Florida, 1969
Bar Admission
Florida, 1972
Recognition & Awards
Recognized among Florida Trend’s Legal Elite Hall of Fame since inception
Named Outstanding Government & Administrative Attorney in Florida Trend Magazine’s
Legal Elite, 2014-2017
Named an Outstanding Government Relations, Real Estate, Lobbying Attorney, 2008-2017
in Florida Super Lawyers Magazine
Martindale Hubbell: AV Rating
2012 Recipient of the FSU College of Law Distinguished Alumni Award
2011 Recipient of the Robert C. Scott Memorial Service Award from Real Property, Probate
and Trust Law Section
1999 Recipient of the Conservation Colleague Award for the Florida Chapter of the Nature
Conservancy
Florida State University Gold Key
Dean, Mead & Dunbar Page 23
Martha Edenfield focuses her practice on governmental affairs, environmental, land use and
administrative law. She has 32 years of private law practice in Tallahassee and has gained a wide
variety of experience representing clients before the Florida Legislature, the Governor, the Cabinet
and state agencies. Martha utilizes her political leadership skills to advocate for her clients and
coordinate a legislative team. She has extensive experience as legal and governmental counsel for
agricultural trade groups, industrial associations, medical professionals and local governments.
Martha’s projects have included significant involvement in the drafting and passage of legislation
including:
Statutory rewrites to modernize the Florida Trust Code, the Florida Probate Code, the Florida
Uniform Principal and Income Act, the Florida Uniform Disclaimer of Property Interest Act, the
Florida Power of Attorney Act, and the Florida Land Trust Act. Expanding the courts power to
appoint a court monitor and creating emergency court monitors.
Enactment of public records exemptions for court monitors and estate inventories.
The Patient Self-Referral Act of 1992.
The 1996 Administrative Procedure Act rewrite.
The Florida Brownfield Redevelopment Act of 1997.
Reorganization and rewrite of Part VII of Chapter 373, F.S.,Water Supply Policy Planning,
Production and Funding (2010).
Reorganization and rewrite of Part III of Chapter 479, F.S., Sign Removal (2010).
Innovative funding options for local governments for improved transportation infrastructure,
new sports and recreational venues, stormwater treatment facilities, economic development
incentives, brownfield remediation and preservation of conservation lands.
The nationally recognized statutory protection of private property rights requiring just
compensation for outdoor advertising property interests.
Grandfather provisions for private interests and governmental entities.
Exemption from regulation under the Florida Insurance Code for private entity.
Local bills on behalf of governmental entities.
Agricultural tax exemptions.
Key Practice Areas
Governmental & Legislative Affairs (including drafting and editing of legislation and
amendments)
Administrative Law
Regulatory Matters before State Agencies
Water and Growth Management Law
Martha J. Edenfield
Office: Tallahassee
Address: 215 S. Monroe Street, Suite 815
Tallahassee, Florida 32301
Title: Shareholder
Phone: (850) 999-4100 Fax: (850) 577-0095
Email: medenfield@deanmead.com
Dean, Mead & Dunbar Page 24
Significant Appointments
Governor's Administrative Procedure Act Review Commission which provided guidance to the
Legislature for the 1996 rewrite of the Florida Administrative Procedure Act, by Governor
Lawton Chiles.
Florida Consumers Council, appointed by Florida Agriculture Commissioner Bob Crawford.
Education
Juris Doctor: Florida State University College of Law, Tallahassee, Florida, 1984
Bachelor of Science, Finance: Florida State University, Tallahassee, Florida, 1981
Associate of Arts: Eastern Florida State College (formerly Brevard Community College),
Melbourne, Florida, 1979
Bar Admission
Florida Bar, 1984
Recognition & Awards
2011 Recipient of the Robert C. Scott Memorial Service Award from the Real Property, Probate
and Trust Law Section of the Florida Bar
Recognized among the Top Florida Lawyers in Florida Trend’s Legal Elite, 2007, 2009, 2013,
2015 and 2016
Martindale Hubbell: Preeminent AV Rating
Publications
“Attorney Fees and Costs”, Florida Bar Journal, March 1997
Martha frequently writes articles for statewide business publications on environmental and
administrative law issues
Cari Roth has 34 years of public and private sector legal and legislative experience and is a
recognized leader in government relations and environmental and land use law. Her broad
knowledge of state government and the people in it, combined with her attention to detail and
bottom line approach to solving client problems makes her an effective advocate in the halls of
government. Her legal and legislative practice focuses on state and local government issues,
including land use, water and environmental law, growth management and infrastructure issues, and
intergovernmental relations. She also has significant experience in special district law and local
legislation.
Cari L. Roth
Office: Tallahassee
Address: 215 S. Monroe Street, Suite 815
Tallahassee, Florida 32301
Title: Shareholder
Phone: (850) 999-4100 Fax: (850) 577-0095
Email: croth@deanmead.com
Dean, Mead & Dunbar Page 25
Cari joined Dean Mead in January, 2015. Prior to joining Dean Mead, she served as the chair of
Bryant Miller Olive’s land use and government consulting practices for 11 years. Before returning to
private practice in 2003, she worked for four years as General Counsel and Assistant Secretary of the
Florida Department of Community Affairs in Tallahassee where she played a lead role in negotiating
major growth management legislation. As General Counsel, she was involved in many inter-agency
efforts, particularly those with the Florida Department of Environmental Protection, Florida
Department of Agriculture and Consumer Services, Florida Department of Transportation and all the
regional Water Management Districts.
Cari has been recognized by her peers for her work in the government relations and
administrative areas of practice, including being repeatedly selected as one of the state’s “Legal
Elite” by Florida Trend magazine and other publications. She is also an "AV Preeminent" rated
lawyer by Martindale-Hubbell. Originally appointed by Governor Bush in 2005, she was reappointed
by Governor Crist and now currently chairs the State’s Environmental Regulation Commission by
Governor Scott’s appointment.
Key Practice Areas
Administrative Law
Environmental and Land Use Law
Government Relations and Lobbying
Water Law
Special District Law
Significant Appointments
Cari currently chairs the State’s Environmental Regulation Commission by gubernatorial
appointment. She was appointed and reappointed by three successive Governors and confirmed by
the Senate.
Education
Juris Doctor: Florida State University College of Law, Tallahassee, Florida, 1983
Bachelor of Science: Florida State University, Tallahassee, Florida, cum laude, 1979 - Dean's
List
Bar Admission
Florida Bar, 1983
Recognition & Awards
Named an Outstanding Land Use and Zoning Attorney in The Best Lawyers in America, 2009 -
2017
Honored as the Best Lawyers 2013 Tallahassee Land Use and Zoning Lawyer of the Year
Named an Outstanding Government & Administrative Attorney and Environmental & Land Use
Attorney in Florida Trend Magazine’s Legal Elite
Named one of Florida's Top 50 Female Attorneys in the State of Florida; and Outstanding Land
Use and Zoning, Government Relations Attorney, 2007 - 2017 in Florida Super Lawyers
Magazine
Martindale Hubbell: Preeminent AV Rating
Dean, Mead & Dunbar Page 26
Speaking Engagements
Florida Legislative & Regulatory Update on Agriculture Related Issues, Florida Agriculture
Financial Management Conference, August 26, 2016
Update on Water Policy, Special Districts and Conservation Easements, Florida Real Property
and Probate Law Legislative Update Conference, July 29, 2016
Resetting the Table: A Pivotal Year for Land Use Practice in Florida, Environmental and Land
Use Law Section of The Florida Bar on August 11-12, 2011.
Annual Environmental Permitting Summer School, hosted by the Florida Environmental
Network, Inc. 20+ years.
Facilitated a County Manager Roundtable discussion for the Florida Association of Counties
June 23, 2011 on the topic, Growth Management: Where Do We Go From Here?
Publications: Transportation Concurrency in Dense Urban Land Use Areas After Passage of the
Community Renewal Act of 2009 appears as part of a compendium of articles on Florida growth
management legislation in the October edition of The Florida Bar Journal.
Brittany Finkbeiner is an Associate in Dean Mead’s Tallahassee office. Her practice focuses on
Governmental Relations, Real Property, Public Records and Administrative law. Prior to going into
private practice, Brittany served as a chief attorney for the Department of Business and Professional
Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes. In addition, she’s
worked at the Florida Department of Economic Opportunity, The Florida Senate Judiciary
Committee and as a legislative aide for the Florida Senate.
Key Practice Areas
Governmental & Legislative Affairs
Administrative Law
Business/Commercial Litigation
Real Property & Condominium Law
Water Law
Education
Juris Doctor: Florida Coastal School of Law, Jacksonville, Florida, 2008 (Dean’s List)
Bachelor of Arts, History: University of Florida, cum laude, Gainesville, Florida, 2005
Bar Admission
Florida Bar, 2008
Brittany O. Finkbeiner
Office: Tallahassee
Address: 215 S. Monroe Street, Suite 815,
Tallahassee, Florida 32301
Title: Associate
Phone: (850) 999-4100 Fax: (850) 577-0095
Email: bfinkbeiner@deanmead.com
Dean, Mead & Dunbar Page 27
Michael Dobson is an Associate in Dean Mead’s Tallahassee office. His practice focuses on
Governmental Relations, Real Property, Public Records and Administrative law. Prior to joining the
firm, Michael worked as a staff attorney for the Florida House of Representatives, Ways and Means
Committee. In that role, he drafted and analyzed legislation, counseled legislators and staff on a
variety of ad valorem tax and Florida constitutional law issues, and presented at committee meetings.
During law school, Michael worked for two Sessions with the Florida House’s Appropriations
Committee. Michael also clerked for Dean Mead’s Tallahassee office during the summer of 2016.
Key Practice Areas
Governmental & Legislative Affairs
Administrative Law
Real Property & Condominium Law
Education
Juris Doctor: Florida State University College of Law, Tallahassee, Florida, 2016
Bachelor of Science in Political Science: Florida State University, Tallahassee, Florida, 2013
Bar Admission
Florida Bar, 2016
Michael B. Dobson
Office: Tallahassee
Address: 215 S. Monroe Street, Suite 815,
Tallahassee, Florida 32301
Title: Associate
Phone: (850) 999-4100 Fax: (850) 577-0095
Email: mdobson@deanmead.com
Dean, Mead & Dunbar Page 28
TAB 4 – Cost for Services
Annual flat fee for Legislative Services $48,000.
Actual expenses not to exceed $4,800.
Total fee and reimbursed expenses $52,800.
The scope and complexity of the project dictate the required personnel, expertise and expense
necessary to accomplish the desired results. Success in the legislative arena and in the executive
agencies of state government depends on the long-term relationships developed with public officials
and staff. This includes work on campaigns, responsiveness to research requirements, and problem
solving generated by elected officials and by staff, and experience in prior public service.
Providing services for lobbying are hard to quantify at an hourly rate structure where the key to
success is access. In order to maintain that relationship for clients, monitoring and lobbying on an
hourly basis is unfeasible. Dean Mead proposes a flat fee for legislative services for each legislative
cycle. Special projects not contemplated within the scope of services of this RFP will be agreed to in
advance and billed separately at the Firm’s current hourly rates of $125 to $300 an hour.
Although we are not aware of any conflicts of interest at this time, if a direct conflict of interest in
the representation of the City for lobbying service is asserted which requires the City to obtain
independent representation for lobbying service, we propose that the fee for independent counsel as
to the conflict issue be subtracted from the lobbying service contract fee amount.
The annual flat fee for legislative services will be $48,000 billed monthly in equal installments of
$4000. Actual expenses will be billed separately on an itemized basis and reimbursed on an actual
cost incurred based on appropriate governmental schedules.
Travel and out of pocket expenses are projected not to exceed 10% of the fee amount, or $4800 and
will be billed for reimbursement only after incurred.
The total contract amount shall not exceed $52,800.
Dean, Mead & Dunbar Page 29
TAB 5 – Other Forms
The completed forms that are requested by the City of Clearwater for this proposal are provided on
the following pages in this section, including:
1. Exceptions/Additional Materials/Addenda form
2. Vendor Information form
3. Offer and Acceptance form
4. W-9 form
EXCEPTIONS i ADDITIONAL MATERIAL / ADDENDAProposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitationdocument. Exceptions that surface elsewhere and that do not also appear under this section shall beconsidered invalid and void and of no contractual significance.Exceotions (mark one):**Special Note - Any material exceptions taken to the Gity's Terms and Conditions may render aProposal non-responsive.X No exceptionsExceptions taken (describe-attach additional pages if needed)Additional Materials submitted (mark oneì:No additional materials have been included with this proposalAdditional Materials attached (describe-attach additional pages if needed)Acknowledoement of addenda issued for this solicitation:Prior to submitting a response to this solicitation, it is the vendor's responsibility to confirm if any addendahave been issued.Vendor Name Dean, Mead, Egerton ,P.A. Date: 812312017lnitialAddendaAddendum # 1State Lobbying Serv¡ces22RFP #34-17
ilt ffi&ääw'&l-ffiåqIlRlç;fi T .4¡{n &r.ÅLrylrut " SÀY T{1 ¡}rSCHAddendum #1#34-17, State Lobbying ServicesAugust 17,2017NOTICE lS HEREBY GIVEN that the following addendum serves to answer questions received on #34-17, StateLobbying Services.Question L: What is the annual budget for lobbying services?Answer to Question 1: The value of the new contract is subject to Council approval,lncludes a $4,000 monthly retainer and compensable expenses not to exceed $4,800.obtained from City Official Records: http://publicdocs.mvclearwater.comlweblinkS pub/The current contractThe contract can beQuestion 2: What are the Lobbying priorities and successes for the last three [3] years?Answer to Question 2: During the past three (3) years the current lobbying team has advocated support for theCity's tegistative priorities during the state legislative session, advised of granVfunding opportunities andIegistation impacting the City, assísúed the permÍt process with state agencies, and assÂsúed/advocated iocal billsbefore úfie Súaúe Legislature.End of Questions and AnswersEnd of AddendaPage 1 of 1
VENDOR INFORMATIONCompany Legal/Corporate NameDean- Mead. Eoerton. Bloodworth.rano&Bozarth PADoing Business As (if different than above):Dean. Mead & DunbarAddress:215 S. Monroe Street. Suite 815City:TallahasseeState: FloridaZip32301Phone1850) 999-4'100Fax: (850) 577-0095E-MailAddress:Website: www.deanmead.comDUNS # 063554836Remit to Address (if different than above):Order from Address (if different from above):Address: 420 S. oranqe Avenue. Suite 700AddressCity:OrlandoStateFt Zip:3280"1City: _State: Zip:-Contact for Questions about this proposal:Name:Karen KeeneFax:G07\ 423-'1831Phone:(407\ 428-5155E-Mail Address: kkeene@deanmead.comDav-to-Dav Proiect Contact (if awarded):Name:Pete DunbarFax:(850) 577-0095Phone: (850) 999-4100E-MailAddress:pdunbar(@deanmead.comCertified Small BusinessCertifying Agency:Certified Minority, Woman or Disadvantaged Business EnterpriseCertifying Agency:State Lobbying Services23RFP #34-17
VENDOR CERTIFICATION OF OFFERBy signing and submitting this Proposal, the Vendor certifies that:a) lt is under no legal prohibition to contract with the City of Clearwater.b) lt has read, understands, and is in compliance with the specifications, terms and conditions stated herein, aswell as its attachments, and any referenced documents.c) lt has no known, undisclosed conflicts of interest.d) The prices offered were independently developed without consultation or collusion with any of the otherrespondents or potential respondents or any other anti-competitive practices.e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official,or consultant who has or may have had a role in the procurement process for the services and orgoods/materials covered by this contract.f) lt understands the City of Clearwater may copy all parts of this response, including without limitation anydocuments and/or materials copyrighted by the respondent, for internal use in evaluating respondent's offer,or ¡n response to a public records request under Florida's public records law (F.S. 119) or other applicablelaw, subpoena, or other judicial process.S) Respondent hereby warrants to the City that the respondent and each of its subcontractors("subcontractors") will comply with, and are contractually obligated to comply with, all Federal lmmigrationlaws and regulations that relate to their employees.h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act andnot debarred by any Federal or public agency.i) lt will provide the materials or services specified in compliance with all Federal, State, and Local Statutesand Rules if awarded by the City.j) lt is current in all obligations due to the City.k) lt will accept such terms and conditions in a resulting contract if awarded by the City.l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submitbinding offers for the goods or services as specified herein.ACCEPTED AND AGREED TO:Companyno&Bozarth, P.A.Signature:Printed Name:Marc D. ChaomanTitle: PresidentDate:8t23t20'17State Lobbying Services24RFP #34-17
Illl-9Request for TaxPaYerldentificatlon Number and CertiflcationG¡vo Form to therequoster. Do nots€nd to thê lRS.Form(Rev. Dacember 2014)Dopâ¡îrfid1t of tþTreswyhtanrd fuvenusSgt¡lce¡lmoonDean, Mead,Bloodworth,& Bozarth, PAnam9,from aboveCertlflcatlon lnolructions. You must cross out ltem 2 abovo ll you have boonbecause you have lalled torêport all ¡nterestabandonmont ofand divldonds on your lax roturn.lntorêst pa¡d, âcqulsltlon orsecured proporty, cancellation oflnterest and dlvldends, you are not raqulred to3.HereGeneral lnstructionsSoctlon rôfergncas alo to th6 lnt€rnal Rovanuê Cod6 unls83 othefwlsâ notêd.Future d6v€lopment3, lnformatlon about dev€lopments âff€cllng Form W'9 (suchEs lsglslsllon gnaated atter lve roloaso lt) 18 8t ltww,irs 'govlt'ilg.Purpose of FormAn lndlvldual or snt¡ty (Form W-g rþquestEr) who 18 requlrgd to llle an lnformallonreturn with the IRS niu'st obtaln your correit taxpayer ldentlflcstlon number0lN)wh¡ch may be your soclal securliy number (SSN), lndividuel taxpeyd idêntifioationnumoer (tÍtN), ãCoptlon taxpay* ldontlflcatlon numbar (ATIN)' or omploy€r , . -loÀnttticdtlon'ñumder (ElN), io report on an lnformstlon retum tho.amo-unt pald toyou, or other amount ieportaole bn an lnformatlon r€turn. Examplêg of lnJormatlonieturns lncluda, but arB not llmlted to, tha followlng:o Form 1009lNT (lntersst êãrn€d or Pald). Form 1099-DlV (divldendE, lncludlng thoso from etookE or mutual funds). Form logg-Mlsc (varlous typos of lncomo, prlzes, awards, or grose procoeds). Form 1099-8 (Etock or mutuel fund sale8 end certein othø transactlons bybrokers)r Form f099-S (procôeds from reâl 68tat€ transactlons). Form I 099-K (merchant card and thkd party network transaotlons)4 Ex€mptlons (cod€s aPPIY only tocórtain dntltlôs, not lnd¡v¡duals; sôeinstructlons on page 3):notlf ed by tho IRS that you are cunently subiect to backup withholdingFor r6al ostate transact¡ons, item 2 doos not apPly. For mortgagedobt, contributions lo 8n indivldual retirement arrangoment (lRA)' andslgn the certlflcatlon, but you must provide your correct TlN. S€ê theonnot l€aveô¡oc,)(úo.cooEgoaËoÉzËÈ9E.J8.U'EaExempt payeo oode (lf anv)_Exemptlon fiom FATCA reportlngcode (if eny)(Apde lo.MB Nhd¡rñêd úlrrdt lr¡. U.S.)nam€addre€s (optlonal)hargÎ/N on pago 3.Note. lf thê account is in moro than ono nam6, s€e tho lnstructlons for llne 1 and tho chart on pagê 4 forguldellnes on whoso numbgr to entsr.Und€r penaltles of perJury, I1, The number shown on thls form ls my correct taxpayer ldentlficatlon number (or I am waitlng for a number to be issued to me); and2. I am not subJoct to backup withholdlng beoause: (a) I am exempt from backup withholding, or (b) I have nol boon notifiod by the lnternal Revonuo- Sãrvrcá ¡nsithat I am .uüJ""ito ú""t'rp withhoHìríg as aresuít of E fallure tó report all inieres! ôr dNldends, or (c) the lRs hss notif¡ed m€ thst I amno longor subject to backup withholding; and3. I am a U.S. citizen or other U,S. person (deflned below); and4. The FATCA code(s) sntered on thls form (f any) lndlcatlng lhat I am exempt lrom FATCA roportlng is corroct.Dâto >. Form 1098 (hom€ mortgag€ lntêrsst), '1098-F {stud€nt loan lntêrâst}, 1 098'T(tultlon). Form 1099-C (oancolsd dôbl)r Form 1099-A (acqulsltlon or abandonm€nt of socured proparty)Usô Form W-g only It you ar€ a U.S. person (lnoludlng a resldent allon), toprovlde your conect TlN.lf W da not retufl1 Fom W-g to lhe raquestâr wfth a nN, Wu mlght bd suþJectto backup wlthhold¡ng. SÊs lyåât ls åsckup withholdlng? on Paga 2.By ôlgnlng thâ flllod-out form, you:'1. Certify that tho TIN you aro gtuing is coneot þr you aro waitlng for a numberlo bs lssu6d),2. Cerl¡ty that you aro not subloct to backup wlthholdlng, or3, Clalm axemptlon fiom baokup wlthholdlng lf you are a U.S. exempt pây€e. lfaÞpllcablo, you irs also cerllfylng that as a U.S. Porson, your âllocable shars ofahi partneråhtp lncome from à U's. trado or bus¡noss 13 nol sub¡ðct to thswfhholdlng tai on forêlgn pertn€rs' shars of ettêctlvaly connscted lncoms' and4. Côrt¡fy that FATCA coda(s) entered on thls fom (if any) lnd¡catlng that y-ou aroexempt lróm the FATCA raporting, ls conect. See Wh at is FATQA reporttng? onpago 2 for furlhar lnformatlon.3 Chåck appropr¡atê box ,or fod€ral tax cla6slflcâtlon; check only otrs of tho follôwlng soven boxesin lnauúuay"o¡eproprtetoror Ul COorporatlon I S0orporatlon I Partnerehlp I TrusUestatesingle-mombel LLCfl t-tmiroO ttaUittty company. Entor the tax classlflcatlon (C=O aorporatlon, S=S oorporallon, P=partn€rshlp) > _Noto. For a slngle-mombor LLC that ls dlârê€aldcd, do not check LLC| oheck tho approprlate box ln the line abovo fortho tax classlficãllon of the slngle'memb€r own6r'or5 Addræ6 (numb6r, strsgt,420 S.Avenue, Suite 700Orlando, FL 32801numb¿tt:El{lnumber04IT16592EãTilSlgnaturou.s.Cat. No, 10231Xrorm lñl-$ (Rev. 12-2014)
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4031
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 10.3
SUBJECT/RECOMMENDATION:
Approve the 2018 State Legislative Priorities.
SUMMARY:
Each year, the City submits a list of legislative priorities for consideration by the state
legislature during their annual 60-day session in Tallahassee. The City’s legislative liaison
works closely with city management staff and the City’s lobbying team in Tallahassee to draft a
package that is beneficial to Clearwater. Preparation of the package involves determining areas
of need, researching funding availability, identifying needed legislation, monitoring and
evaluating current legislative issues.
The 2018 State Legislative Package includes supporting: continued funding for programs that
benefit municipalities statewide such as Florida Recreation Development Assistance Program
(FRDAP), State Aid to Libraries and housing trust funds under the Sadowski Act; PSTA’s
Florida Department of Transportation’s grant request for an Express Transit service from
Tampa International Airport to Clearwater Beach and repealing the state preemption of vacation
rental property laws to allow local governments to regulate such properties to protect the health
and welfare of their residents, visitor and businesses. The City, along with the Florida League of
Cities, continues to oppose unfunded mandates and intrusions to municipal home rule
authority.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 10/27/2017
2018 State Legislative Priorities
The City of Clearwater will seek funding through grants and other sources to assist in implementing
projects and providing services to meet the needs of our citizens and improve their quality of life.
Countryside Sports Complex
• $1,575,734
• Renovate restrooms and concessions for youth soccer, football, and lacrosse programs. Field
renovations will also improve drainage. Complex will provide support facilities for out-of-
market youth soccer and lacrosse events, strengthening sports tourism’s economic impact in
Pinellas County.
Sunshine Limitless Activity Area at the Long Center
• $500,000
• Renovate the existing Sunshine Limitless Activity Area to include an expanded limitless
playground, picnic facilities, and an accessible hiking/exercise trail.
Issues to Support
We will support legislation that is beneficial to Clearwater and other municipalities including:
• Support Local Bill allowing certain uses and development on city-owned waterfront property,
allowing the City to proceed with its waterfront plan in accordance with the Florida Legislature’s
mandates for revitalizing waterfront areas.
• Maintain or increase funding for FRDAP, Land and Water Conservation, Southwest Water
Management District Cooperative Funding, Cultural Affairs Facilities, State Aid to Libraries,
Multi-type Library Cooperatives and Florida Forever.
State Aid to Public Libraries, which aids and encourages the establishment of
free library services throughout the State; Pinellas County received $834,455 in
Fiscal Year 2017 ($198,436 less than the year before).
Florida Recreation Development Assistance Program: City has had 2 highly-rated
large projects (Countryside Sports Complex and McMullen Tennis Complex
Expansion) not receive grant funding because the agency is only funding small
projects.
• Provide full funding of the Florida State and Local Housing Trust Funds under the Sadowski Act.
The SHIP Program invests in households with earnings ranging from very low- to
moderate-income. This income range includes firefighters, police officers, school
teachers and people from many other professions that our community relies on
daily. For Fiscal Year 2018, the City was allocated $480,527, a 31% reduction,
limiting our ability to provide down payment assistance, home rehab loans or
foreclosure prevention.
• Repeal the state preemption of vacation rental property laws to allow local governments to
regulate such properties to protect the health and welfare of their residents, visitors, and
businesses.
• Support legislation that allow pension plans the ability to use a more conservative mortality
table than what is used by FRS.
• Support Pinellas Suncoast Transit Authority’s FDOT grant funding request for the Clearwater
Beach to Tampa International Airport Express Service. The project includes evaluating the
multimodal transit options on SR 60 to address the congested corridor.
• Renew the Entertainment Industry Financial Incentive Program to continue attracting film and
television production to the State of Florida.
• Support funding to inspect and initiate repairs for residential sewer lateral pipelines.
Issues to Oppose
We will oppose legislation that is detrimental to Clearwater and other municipalities including:
• Preemption of local government’s ability to regulate Airbnb rentals, or similar marketplaces,
that allow individuals to rent out unused spaces in their homes for lodging.
• Unfunded mandates.
• Increased regulation of, or restrictions on, municipal operations and budgeting.
• Changes to existing laws related to offshore Oil Drilling in the Gulf of Mexico.
• Imposed consolidation of municipal and county services.
• Reduced home rule authority of municipalities to regulate signage.
• Restriction or elimination of municipal revenues generated under the communications services
and local business tax.
o What the City has received in recent years:
In addition, the City will support the Florida League of Cities in pursuing its legislative priorities.
FY17
Budget
FY16
Actual
FY15
Actual
FY14
Actual
FY13
Actual
Communications Services Tax 4,965,400 $ 4,617,875 $ 4,918,612 $ 5,061,031 $ 5,470,390 $
Local Business Tax 2,135,000 $ 661,982 $ 2,028,722 $ 2,111,269 $ 2,111,906 $
Total 7,100,400 $ 5,279,857 $ 6,947,334 $ 7,172,300 $ 7,582,296 $
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9046-17 2nd rdg
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 11.1
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9046-17 on second reading, amending the future land use element of the
Comprehensive Plan to change the land use designation for certain real property whose post
office address is 1895 Virginia Avenue, Clearwater, Florida 33763 from Institutional (I) to
Residential Low Medium (RLM).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/27/2017
Ordinance No. 9046-17
ORDINANCE NO. 9046-17
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN OF THE CITY, TO
CHANGE THE LAND USE DESIGNATION FOR A 3.08-
ACRE PORTION OF CERTAIN REAL PROPERTY
LOCATED ON THE SOUTH SIDE OF VIRGINIA AVENUE
APPROXIMATELY 1,200 FEET EAST OF KEENE ROAD,
WHOSE POST OFFICE ADDRESS IS 1895 VIRGINIA
AVENUE, CLEARWATER, FLORIDA 33763, FROM
INSTITUTIONAL (I) TO RESIDENTIAL LOW MEDIUM (RLM);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the Future Land Use Element of the
Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's Comprehensive Plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Future Land Use Element of the Comprehensive Plan of the City of
Clearwater is amended by designating the land use categories for the hereinafter
described property, as follows:
Property Land Use Category
See attached Exhibit A for Legal Description From: Institutional(I)
To: Residential Low
Medium (RLM)
(LUP2017-05002)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City’s Comprehensive Plan.
Section 3. This ordinance shall take effect contingent upon approval of the land
use designation by the Pinellas County Board of Commissioners, where applicable, and
thirty-one (31) days post-adoption. If this ordinance is appealed within thirty (30) days
after adoption, then this ordinance will take effect only after approval of the land use
designation by the Pinellas County Board of Commissioners and upon issuance of a final
order determining this amendment to be in compliance either by the Department of
Economic Opportunity (DEO) or the Administration Commission, where applicable,
pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator
is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council,
an application to amend the Countywide Plan in order to achieve consistency with the
Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this
ordinance.
Ordinance No. 9046-17
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
The currently zoned “I” (Institutional) northeasterly portion of metes and bounds tract 31/011
as described in the Polaris Associates Inc. survey dated March 28th 2017:
“A parcel of land lying in the West half of the Southwest quarter of Section 36, Township 28
South, Range 15 East, Pinellas County, Florida, and being more particularly described as follows:
Commence at the Northeast corner of the Southwest quarter of said Section 36; thence
N89'49'04"W, along the North line of the Southwest quarter of said Section 36, for 1334.62 feet
to the point of intersection of the east line of the Northwest quarter of the Southwest quarter
of said Section 36; thence S00'01'48"E, along said line, for 50.00 feet to a point on the West line
of the plat of LAKE PINES ESTATES UNIT 2, as recorded in Plat Book 33, Page 83 of the Public
Records of Pinellas County, Florida, said point also being the POINT OF BEGINNING; thence
continue S00'01'48"E, along said line for 995.89 feet to a point on the West line of the plat of
LAKE PINES ESTATES UNIT 3, as recorded in Plat Book 34, Page 16, of the Public Records of
Pinellas County, Florida, also being a point of intersection of the North Right‐of‐Way line of
Palm Drive (a 60 foot Right‐of‐Way); thence N89'41'22"W, for 60.00 feet; thence S00'01'48"E,
for 90.00 feet (97.00 feet deed); thence N89'41'22"W, for 90.00 feet; thence N00'01'48"W, for
1085.55 feet; thence S89'49'04"E, for 150.00 feet to the POINT OF BEGINNING”;
Less the southwesterly portion of above described parcel, currently zoned as “P” (Preservation),
which is not a subject of this planning case.
Exhibit B
4050
3340LAKE PINESBARBARALAKE31 33 5060 60 60 60 60 57(S)66 60 60 60 60 55(S)
66
88(S)
74(S)
15534
48348
48330 48312
84975
A
B
1
2
3
4
5
67
8
9
10
11
12
13
14
15
17 18 19 20 21 22 23 24 25 26 27 28
37383940414243444546
47
5678910111213141516
1 2 3 4 5 6 7 8 9 10
11 12 13
22232425262728293031323334
35 36 37 38 39 40 41 42 43 44 45 46 47
5657585960616263646566676869707172
4567891011121314151617
12345678910111213
891011121314151617181920
21 22 23 24 25 26 27 28 29 30 31 32 33
4041
79
78
77
76
75 74 73 21
22
23
242526272829
66 67 68 69 70 71
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
72737475767778
98 99 100 101 102 103 104 105 106 107 108 109 110 111
112113114115116117118119120121
122 123 124 125 126 127 128 129 130 131
132 133 134 135
136
137
138
139
140
141142143144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
(172)
(173)
(173)
(173)
TRACT "C"
TRACT "B"
TR
"A"
TRACT "B"
TRACT "D"
31/011
3.61
33/01
6.38 AC(C)
AC(C)
WATER
P
I
IRU
P
WATER
P
RL
RL
RL
RL
RL
RL
RL
RL
RUR/OS
WATER
WATER
RU
I
WATER
VIRGINIA AVE
PALM DR
ALTON DR
ALLARD DR SPRINGRAIN DR PALMETTO DR PINEHURST DR
LAKEWOOD DR
RIDGEWOOD DR BEECHER RD ALICIA DR SPRINGWOOD CIR N
SPRINGBUSH LN SPRINGFLOWER DR 190022272256
2234 2252
1988193218332218
222522321821197922231971222919161943186319592 2 6 6
193722332258 1937196619082248
1974196522011857
218518811901 19322212
194918891983182719312233
2171
2206 1925196722312 2 6 0
1893191219361948198719192230 19352294
19492224
2200
1945188518751847188219452247
2282
2283
19312252
2254
1967191319681913192119581924190818181925193619602
191219481876191619132265
1870184618301900192419482279
1955193319611852188419182194418831906196019361907195922361948194019041924186622221853224219131928190518541888191722641942190419052281
225418722269
2235191319331901187119362273
19051859186922771841
192518872243
19722152195219252241
22391848 2275
2253
21671895226718562276 195419302241
189719331984223419251932192918952246
2245 1941189419201845193718582175 1928186518602228199019201901183619411888192418771944194518782 2 6 8
19492255
19562278
19162247
2249
22301840195721964191919011908190919371949191718551921224019491850188122371842225119091896185122581884198022531954193722631864222619092224186819251929194522711976191319071929218242
2288
2261 19122259
219412259
2 2 7 1
192019481890186219001907183919122235
2270
2257
197519012265
1917194019441921-Not to Scale--Not a Survey-Rev. 9/12/2017
FUTURE LAND USE MAP
Owner(s): Macedonian Society of Florida Alexander the
Great, Inc. Case: LUP2017-05002
REZ2017-05003
Site: 1895 Virginia Avenue Property
Size(Acres): 3.08
Land Use Zoning
PIN: 36-28-15-00000-310-0110
From: I I
To: RLM MDR Atlas Page: 242A
View looking south at the subject property 1895 Virginia Avenue East of the subject property
West of the subject property Across the street, to the north of the subject property
LUP2017-05002 & REZ2017-05003
Macedonian Society of Florida Alexander the Great
1895 Virginia Avenue
View looking easterly along Virginia Avenue View looking westerly along Virginia Avenue
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9047-17 2nd rdg
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 11.2
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9047-17 on second reading, amending the Zoning Atlas of the city by rezoning
certain real property whose post office address is 1895 Virginia Avenue, Clearwater, Florida
33763 from Institutional (I) to Medium Density Residential (MDR).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/27/2017
PLANNING & DEVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT BOARD STAFF REPORT
MEETING DATE: October 17, 2017
AGENDA ITEM: E.2.
CASE: REZ2017-05003
REQUEST: To amend the Zoning Atlas designation from Institutional (I) to Medium
Density Residential (MDR)
GENERAL DATA:
Applicant ......................... Robert Pergolizzi, AICP/PTP, Gulf Coast Consulting, Inc.
Owner ............................. Macedonian Society of Florida Alexander the Great, Inc.
Location .......................... 1895 Virginia Avenue, approximately 1,200 feet east of Keene Road
Property Size ................... 3.08-acre portion of a 3.615-acre parcel
Background:
This case involves 3.08-acres of a 3.615 acre property located on the south side of Virginia Avenue
approximately 1,200 feet east of Keene Road. The parcel is currently owned by the Macedonian Society of
Florida Alexander the Great, Inc. A single 2,400 square foot building occupies the site, which the
Macedonian Society previously used as a social club. Maps 1 and 2 show the general location of the property
and an aerial view of the amendment area.
The request is to change the property’s Zoning Atlas designation of Institutional (I) District to Medium
Density Residential (MDR) District. The applicant has indicated the site will be redeveloped with
townhomes / villas; however, no site plan has been submitted at this time. A request to amend the property
from the Institutional (I) Future Land Use Map designation to the Residential Low Medium (RLM) Future
Land Use Map designation is being processed concurrently with this case (see LUP2017-05002). The
existing Preservation (P) area designated along the southwestern portion of the property is not proposed to
change. The applicant indicated that a jurisdictional wetland survey will be provided at the time of site plan
review, at which time the Preservation (P) boundary might be adjusted to reflect the actual wetland
boundaries.
Ordinance No. 9047-17
ORDINANCE NO. 9047-17
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING A 3.08-ACRE PORTION OF CERTAIN REAL
PROPERTY LOCATED ON THE SOUTH SIDE OF VIRGINIA
AVENUE APPROXIMATELY 1,200 FEET EAST OF KEENE
ROAD, WHOSE POST OFFICE ADDRESS IS 1895
VIRGINIA AVENUE, CLEARWATER, FLORIDA 33763,
FROM INSTITUTIONAL (I) TO MEDIUM DENSITY
RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the Zoning Atlas 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 following described properties in Clearwater, Florida, are hereby
rezoned, and the Zoning Atlas of the City is amended as follows:
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to
the approval of the land use designation set forth in Ordinance 9046-17 by the Pinellas
County Board of County Commissioners, and subject to a determination by the State of
Florida, as appropriate, of compliance with the applicable requirements of the Local
Government Comprehensive Planning and Land Development Regulation Act, pursuant
to §163.3189, Florida Statutes.
Property Zoning District
See attached Exhibit A for Legal Description; From: Institutional (I)
To: Medium Density Residential
(MDR)
(REZ2017-05003)
Ordinance No. 9047-17
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
The currently zoned “I” (Institutional) northeasterly portion of metes and bounds tract 31/011
as described in the Polaris Associates Inc. survey dated March 28th 2017:
“A parcel of land lying in the West half of the Southwest quarter of Section 36, Township 28
South, Range 15 East, Pinellas County, Florida, and being more particularly described as follows:
Commence at the Northeast corner of the Southwest quarter of said Section 36; thence
N89'49'04"W, along the North line of the Southwest quarter of said Section 36, for 1334.62 feet
to the point of intersection of the east line of the Northwest quarter of the Southwest quarter
of said Section 36; thence S00'01'48"E, along said line, for 50.00 feet to a point on the West line
of the plat of LAKE PINES ESTATES UNIT 2, as recorded in Plat Book 33, Page 83 of the Public
Records of Pinellas County, Florida, said point also being the POINT OF BEGINNING; thence
continue S00'01'48"E, along said line for 995.89 feet to a point on the West line of the plat of
LAKE PINES ESTATES UNIT 3, as recorded in Plat Book 34, Page 16, of the Public Records of
Pinellas County, Florida, also being a point of intersection of the North Right‐of‐Way line of
Palm Drive (a 60 foot Right‐of‐Way); thence N89'41'22"W, for 60.00 feet; thence S00'01'48"E,
for 90.00 feet (97.00 feet deed); thence N89'41'22"W, for 90.00 feet; thence N00'01'48"W, for
1085.55 feet; thence S89'49'04"E, for 150.00 feet to the POINT OF BEGINNING”;
Less the southwesterly portion of above described parcel, currently zoned as “P” (Preservation),
which is not a subject of this planning case.
Exhibit B
4050
3340LAKE PINESBARBARALAKE31 33 5060 60 60 60 60 57(S)66 60 60 60 60 55(S)
66
88(S)
74(S)
15534
48348
48330 48312
84975
A
B
1
2
3
4
5
67
8
9
10
11
12
13
14
15
17 18 19 20 21 22 23 24 25 26 27 28
37383940414243444546
47
5678910111213141516
1 2 3 4 5 6 7 8 9 10
11 12 13
22232425262728293031323334
35 36 37 38 39 40 41 42 43 44 45 46 47
5657585960616263646566676869707172
4567891011121314151617
12345678910111213
891011121314151617181920
21 22 23 24 25 26 27 28 29 30 31 32 33
4041
79
78
77
76
75 74 73 21
22
23
242526272829
66 67 68 69 70 71
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
72737475767778
98 99 100 101 102 103 104 105 106 107 108 109 110 111
112113114115116117118119120121
122 123 124 125 126 127 128 129 130 131
132 133 134 135
136
137
138
139
140
141142143144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
(172)
(173)
(173)
(173)
TRACT "C"
TRACT "B"
TR
"A"
TRACT "B"
TRACT "D"
31/011
3.61
33/01
6.38 AC(C)
AC(C)
P
I
P
LMDR
OS/R
LMDR
VIRGINIA AVE
PALM DR
ALTON DR
ALLARD DR SPRINGRAIN DR PALMETTO DR PINEHURST DR
LAKEWOOD DR
RIDGEWOOD DR ALICIA DR SPRINGWOOD CIR N
SPRINGBUSH LN SPRINGFLOWER DR 190022272256 19312234 2252
1988191319322218
2265
22252232182119551979222319712236
1924222919162242
1943186319592 2 6 6
193722332258 1937196619082248
197419652201
218518811901 19322212
194918891983182719312233
19492171
2206 1925196722312 2 6 0
1893191219361948198719192230 193519072294
19492224
2 2 7 1
19202200
1945188518751847188219452247
2282
2283
2252
2254
1967191319681921195819241908181819251833193619602
191219481876191619131870184618301900192419482279
193319611852188419182194418831906196019361907195919481940190418662222185319131928190518541888191722641942190419052281
225418722269
2235191319331901187119362273
19051859186922771841
192518872243
19722152195219252241
22391848 2275
18572253
21671895226718562276 195419302241
189719331984223419251932192918952246
2245 1941189419201845193718582175 1928186518602228199019201901183619411888192418771944194518782 2 6 8
2255
19562278
19162247
2249
2230184019572196419191901190819091937194919171855192122401949185018812237184222511909189618512258188419802253195419372263186422261909222418681925192919452271197619131929218242
2288
2261 19122259
21941225919481890186219001907183919122235
2270
2257
197519012265
191719401944192119001885187522271847188219452247
2282
2256
2283
19312234
2252
2254
2252
1967191319881968191319211958192419081932181819251833193619602
1912194822181876 191619132265
1870222522321846183019001821192419482279
195519331961185218841979191822231971219441883190619601936190719592236194819401904192418662222185322291916224219131928
19431863195919052 2 6 61854
1888191719372264
22331942190419052258
2281
2254 193718722269
223519131966193319082248
19011974187119362273
19051859186922771841
192518872243
197219652152195219252241
22391848 2201
2275
18572253
2167189521851881226718562276 195419302241
1897193319011984223419251932192918952246
2245 19411894193219201845193718582212
194918892175 1983192818651860222819901920190118271836194118881924187719441945187819312 2 6 8
2233
19492255
19562171
2206
2278
19162247
2249
2230184019572196419191901192519081909193719491917185519212240194918501881223718422251190919672231189618512260
2258
1884198018932253
1954193722631864
22261912193619481987190922241868191919252230 1935192919452271
1976191319071929218242
2294
2288
2261 19122259
19492
2224
19412259
2 2 7 1
192019481890186219002200 1907183919122235
2270
2257
1975190119452265
1917194019441921-Not to Scale--Not a Survey-Rev. 9/12/2017
ZONING MAP
Owner(s): Macedonian Society of Florida Alexander the
Great, Inc. Case: LUP2017-05002
REZ2017-05003
Site: 1895 Virginia Avenue Property
Size(Acres): 3.08
Land Use Zoning
PIN: 36-28-15-00000-310-0110
From: I I
To: RLM MDR Atlas Page: 242A
View looking south at the subject property 1895 Virginia Avenue East of the subject property
West of the subject property Across the street, to the north of the subject property
LUP2017-05002 & REZ2017-05003
Macedonian Society of Florida Alexander the Great
1895 Virginia Avenue
View looking easterly along Virginia Avenue View looking westerly along Virginia Avenue
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9072-17 2nd rdg
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 11.3
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9072-17 on second reading, amending the future land use plan element of the
Comprehensive Plan to change the land use designation for certain real property whose post
office address is 3108 Downing Street, Clearwater, Florida 33759 from Residential/Office
Limited (R/OL) to Residential Urban (RU).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/27/2017
PLANNING & DEVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT BOARD STAFF REPORT
MEETING DATE: October 17, 2017
AGENDA ITEM: E.3.
CASE: LUP2017-06003
REQUEST: To amend the Future Land Use Map designation from Residential/Office
Limited (R/OL) to Residential Urban (RU)
GENERAL DATA:
Applicant ......................... Michael A. Ciaramello
Owner ............................. Michael A. Ciaramello
Location .......................... 3108 Downing Street, at the northeast corner of South McMullen Booth
Road and Downing Street
Property Size ................... 0.42-acre portion of a 0.466-acre property
Background:
This case involves 0.42-acres of a 0.466-acre property located at the northeast corner of South McMullen
Booth Road and Downing Street. The parcel is currently owned by Michael A. Ciaramello. An
approximately 2,000 square foot single family home occupies the site. In 2004 the subject property was
comprised of three platted lots (Lots 1, 2 and 3) which were annexed into City (ANX2004-05009). At that
time, Lots 1 and 2 were designated Residential/Office Limited (R/OL) and Lot 3 was designated Residential
Urban (RU) on the City’s Future Land Use Map. In 2005 Lot 3, excluding the western 14 feet, was sold. The
subject property (now Lots 1, 2 and the west 14 feet of Lot 3) continues to have two future land use
designations. Maps 1 and 2 show the general location of the property and an aerial view of the amendment
area.
The request is to change the Future Land Use Map designation for the 0.42-acre portion of property from
Residential/Office Limited (R/OL) to Residential Urban (RU). The applicant has indicated he may be
interested in redeveloping the property with multiple single family homes; however, no site plan has been
submitted at this time. A request to rezone the proposed amendment area from the Office (O) District to the
Low Medium Density Residential (LMDR) District is being processed concurrently with this case (see
REZ2017-06004).
Community Development Board –October 17, 2017
LUP2017-06003 - Page 2 of 8
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Map 1 Map 2
Vicinity Characteristics:
Map 3 shows the existing surrounding uses. The property abuts the northbound access road to South
McMullen Booth Road on the west, a mobile home park to the north and single family homes to the east and
south. Further north are attached dwellings. To the west across South McMullen Booth road is a mix of
institutional (Calvary Baptist Church and accessory uses) and single family homes.
Map 3
Community Development Board –October 17, 2017
LUP2017-06003 - Page 3 of 8
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
As shown on Map 4, the abutting future land use designations are Residential Urban (RU) to the south and
east, Residential Low Medium (RLM) to the north, and Institutional (I) to the west across South McMullen
Booth Road. Adjacent properties directly to the south are within unincorporated Pinellas County and the
property at the southwest corner has a future land use designation of Residential/Office Limited (R/OL)
while the other properties to the east are Residential Urban (RU). The surrounding vicinity has a wider mix
of future land use designations including Residential Urban (RU) to the north and west, Residential/Office
Limited (R/OL) to the northwest, US 19 Regional Center to the southwest, and Residential Medium (RM)
and Commercial General (CG) to the south.
A comparison between the uses, densities and intensities allowed by the present and proposed Future Land
Use Map designations appears in Table 1, along with the consistent zoning districts.
Map 4 Map 5
Table 1. Uses, Densities and Intensities Allowed by Present and Proposed Future Land Use Designations
Present FLUM Designation
Residential/ Office Limited
Requested FLUM Designation
Residential Urban (RU)
Primary Uses: Low Density Residential; Residential
Equivalent; Office
Urban Low Density Residential;
Residential Equivalent
Maximum Density: 7.5 Dwelling Units Per Acre 7.5 Dwelling Units Per Acre
Maximum Intensity: FAR 0.40; ISR 0.75 FAR 0.40; ISR 0.65
Consistent Zoning
Districts:
Office (O) Low Medium Density Residential
(LMDR); Medium Density
Residential (MDR)
Community Development Board –October 17, 2017
LUP2017-06003 - Page 4 of 8
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
REVIEW CRITERIA:
Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2]
Recommended Findings of Fact:
Applicable goals, objectives and policy of the Clearwater Comprehensive Plan which support the proposed
amendment include:
Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate
public demand and promote infill development.
Goal A.4. The City shall work toward a land use pattern that can be supported by the available community
and public facilities that would be required to serve the development.
Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and corridors, and
promote redevelopment activities win these areas.
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within
the urban service area shall be promoted through application of the Clearwater Community Development
Code.
Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new
dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of
Clearwater.
The proposed Residential Urban (RU) future land use designation is compatible with the surrounding single
family residential uses. The applicant has indicated the possibility of redeveloping the property with
multiple single family homes. In addition, the proposal does not degrade the level of service for public
facilities below the adopted standards (a detailed public facilities analysis follows in this report). The
Residential Urban (RU) designation allows for the same density and intensity development as the current
Residential/ Office Limited (R/OL) designation, except it establishes a lower impervious surface ratio.
Recommended Conclusions of Law:
The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan
and furthers said plan as indicated in the goals, objectives and policy listed above.
Consistency with the Countywide Rules
Recommended Findings of Fact:
The underlying Countywide Plan Map category on the proposed amendment area is Office (O). Properties to
the north, east and south are designated Residential Low Medium (RLM), with two Office (O) parcels
immediately south (developed with detached dwellings) and Public/Semi-Public (P/SP) to the west, across
South McMullen Booth Road. The proposed City of Clearwater future land use designation of Residential
Community Development Board –October 17, 2017
LUP2017-06003 - Page 5 of 8
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Urban (RU) is consistent with the Countywide Plan Map category of Residential Low Medium (RLM) and
an amendment to the Countywide Map will be processed.
Section 2.3.3.2 of the Countywide Rules states that the Residential Low Medium (RLM) category is intended
to depict areas that are now developed, or appropriate to be developed, in a suburban, low density or
moderately dense residential manner; and to recognize such areas as primarily well-suited for residential uses
that are consistent with the suburban qualities, transportation facilities, including transit, and natural
resources of such areas.
The current and future use, as indicated by the applicant, is residential, which is an appropriate use within the
area; therefore, an amendment to the Residential Low Medium (RLM) category on the Countywide Plan
Map will be required in order to maintain consistency between the City’s Future Land Use Map and the
Countywide Plan Map.
Recommended Conclusions of Law:
The proposed Future Land Use Map amendment is consistent with the purpose of the proposed category in
the Countywide Rules.
Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3
and Section 4-603.F.6]
Recommended Findings of Fact:
Single family homes lie to the south and east of the subject property. To the north are mobile homes and to
the west, across South McMullen Booth Road, are accessory uses for the Calvary Baptist Church.
The proposed Residential Urban (RU) future land use category primarily permits residential development at
a density of 7.5 dwelling units per acre. The future land use designations of surrounding properties include
Residential Urban (RU), Residential Low Medium (RLM) and Institutional (I).
The proposed Residential Urban (RU) future land use category is consistent with the surrounding future land
use designations that exist in the vicinity of the subject property. The proposed amendment will allow
development that is in character with the surrounding properties and neighborhood.
Recommended Conclusions of Law:
The proposed Residential Urban (RU) future land use category is in character with the Future Land Use Map
designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the
character of the surrounding properties and neighborhood.
Sufficiency of Public Facilities [Section 4-603.F.4]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on the property, the
maximum development potential of the property under the present and requested City Future Land Use Map
designations were analyzed (see Table 2).
Community Development Board –October 17, 2017
LUP2017-06003 - Page 6 of 8
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Table 2. Development Potential for Existing & Proposed FLUM Designations
Present FLUM
Designations
“R/OL”
Requested FLUM
Designation
“RU”
Net Change
Site Area 0.424 AC
(18,469 SF)
0.424 AC
(18,469 SF)
Maximum
Development
Potential
3 DUs
7,387 SF
0.40 FAR
3 DUs
Zero SF
0.40 FAR
No change
-7,387
No change
Abbreviations:
FLUM – Future Land Use Map DUs – Dwelling Units
AC – Acres FAR – Floor Area Ratio
SF – Square feet
As shown in the table, the proposed amendment does not result in change in development potential and will
not change demand on most public facilities as detailed further below. It should be noted that while there is a
Floor Area Ratio (FAR) listed for the Residential Urban (RU) Future Land Use Map designation, FAR is not
used to regulate residential uses and there are no non-residential uses permitted through the requested Low
Medium Density Residential (LMDR) District zoning; therefore, the square footage development potential is
zero. The following analysis compares the maximum potential development of the proposed Residential
Urban (RU) future land use developed with a residential use (3 dwelling units) to the maximum development
potential of the existing Residential/Office Limited (R/OL) future land use category developed with a
nonresidential use (7,387 square feet).
Potable Water
The proposed amendment will result in a slight increase in potable water use. This is determined by taking
the potential potable water utilization of the maximum number of dwelling units allowed by the proposed
land use (781 gallons per day) and subtracting the potential utilization of a nonresidential development built
to the maximum square feet allowed by the current land use designation (738 gallons per day).
Wastewater
The proposed amendment will result in additional wastewater production of approximately 113 gallons per
day. This is determined by taking the potential wastewater generation of the proposed land use developed
with a residential use (703 gallons) and subtracting the potential wastewater generation of the current land
use designation developed with a nonresidential use (590 gallons).
Solid Waste
The proposed amendment will result in a decrease of 12.3 tons of solid waste generated annually when
comparing the amount of waste generated by an office use to that of three dwelling units. All solid waste
disposal is handled by Pinellas County at the Pinellas County Waste-to-Energy Plant and the Bridgeway
Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full-service
citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of
Bridgeway Acres. There is already excess solid waste capacity to serve the amendment area.
Community Development Board –October 17, 2017
LUP2017-06003 - Page 7 of 8
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Parkland
The City’s adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by
this proposed amendment. Under both the existing and proposed land use, the LOS citywide will remain at
15.46 acres per 1,000 population.
Stormwater
Site plan approval will be required before the property can be redeveloped. At that time, the stormwater
management system for the site will be required to meet all City and SWFWMD stormwater management
criteria.
Streets
The subject property is located on the north side of Downing Street at the northeast corner of Downing Street
and the northbound access road for South McMullen Booth Road. The amendment will reduce the number of
trips per day (28 trips) based on the typical traffic impacts figure (trips per day per acres) in the Countywide
Rules for the current and proposed land use categories, which is the standard used to evaluate potential
impacts for Future Land Use Map amendments. The existing Countywide Plan Map category of Office (O)
has a traffic generation rate of 89 trips per day per acre, while the proposed Residential Low Medium (RLM)
has a lower traffic generation rate of 67 trips per day per acre.
Recommended Conclusions of Law:
Based upon the findings of fact, it is determined that the proposed change will not result in the degradation
of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater
management and streets.
Impact on Natural Resources [Section 4-603.F.5]
Recommended Findings of Fact:
Prior to redevelopment of this property, site plan approval will be required, and a tree inventory prepared by
a certified arborist and a landscaping plan may be required. The City’s codes require that development is
compliant with the City’s tree preservation, landscaping and stormwater management requirements.
Recommended Conclusions of Law:
Based upon the findings of fact, it is determined that the proposed Future Land Use Map amendment will not
negatively impact natural resources on the subject property.
Community Development Board –October 17, 2017
LUP2017-06003 - Page 8 of 8
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
SUMMARY AND RECOMMENDATION:
No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or
receive a final action of approval unless it complies with the standards contained in Section 4-603.F,
Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the
standards pursuant to Section 4-603.F:
Table 3. Standards for Land Use Plan Amendments
CDC Section 4-603 Standard Consistent Inconsistent
F.1 The amendment will further implementation of the
Comprehensive Plan consistent with the goals, policies
and objectives contained in the Plan.
X
F.2 The amendment is not inconsistent with other provisions
of the Comprehensive Plan.
X
F.3 The available uses, if applicable, to which the properties
may be put are appropriate to the properties in question
and compatible with existing and planned uses in the
area.
X
F.4 Sufficient public facilities are available to serve the
properties.
X
F.5 The amendment will not adversely affect the natural
environment.
X
F.6 The amendment will not adversely impact the use of
properties in the immediate area.
X
Based on the foregoing, the Planning and Development Department recommends the following action:
Recommend APPROVAL of the Future Land Use Map Amendment from Residential/Office Limited (R/OL)
to Residential Urban (RU).
Prepared by Planning and Development Department Staff:
Ellen Crandall
Senior Planner
ATTACHMENTS: Ordinance No. 9072-17
Resume
Photographs of Site and Vicinity
Ordinance No. 9072-17
ORDINANCE NO. 9072-17
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN OF THE CITY, TO
CHANGE THE LAND USE DESIGNATION FOR A 0.42-
ACRE PORTION OF CERTAIN REAL PROPERTY
LOCATED AT THE NORTHEAST CORNER OF SOUTH
MCMULLEN BOOTH ROAD AND DOWNING STREET,
WHOSE POST OFFICE ADDRESS IS 3108 DOWNING
STREET, CLEARWATER, FLORIDA 33759, FROM
RESIDENTIAL/OFFICE LIMITED (R/OL), TO 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 as follows:
Property Land Use Category
Lots 1 & 2, Downing Sub. as recorded in
Plat Book 16312, page 1971 of the Public
Records of Pinellas County, Florida
From:
Residential/Office
Limited (R/OL)
To: Residential
Urban (RU)
(LUP2017-06003)
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 contingent upon and subject to the,
approval of the land use change by the Pinellas County Board of Commissioners, where
applicable, and thirty-one (31) days post-adoption. If this ordinance is appealed within
thirty (30) days after adoption, then this ordinance will take effect only after approval of the
land use designation by the Pinellas County Board of Commissioners and upon issuance
of a final order determining this amendment to be in compliance either by the Department
of Economic Opportunity (DEO) or the Administration Commission, where applicable,
pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator
is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council,
an application to amend the Countywide Plan in order to achieve consistency with the
Ordinance No. 9072-17
Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this
ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
FUTURE LAND USE MAP
Owner(s): Michael A. Ciaramello Case: LUP2017-06003
REZ2017-06004
Site: 3108 Downing Street Property
Size(Acres): 0.42
Land Use Zoning PIN: 06-29-16-22410-000-0010 From: R/OL O
To: RU LMDR Atlas Page: 292A
GULF-TO-BAY BLVD
DOWNING ST
JOHNS PKWY S McMULLEN BOOTH RD BAY ST CHERRY LN
COLONIAL DR ESTUARY TRL I
RM
RUI
I
RLM
CG
I
RU
RU
RU
R/OL
US 19-RC
T/U
I
R/OS
I
RU
T/U
P
US 19-RC
27
32 31
3925
33
363361 365
359357
339
349
241223229
337
353
221
347
341
123
311
371
355
367
377
201
207
219
389
369
211
351
383
387
217300
345
379
215
231
373
225
375
227 243
381
200
343
239
235
385
233
150
205 237213
209
3194309830963087310731053103310130713127312731003119310031183054313031063175317031763148317831353117308131473155316131583131315831673106308031113135
3078308531233160311831123120316531093162313130593130313331913109311531013141312931453147312530753112
30653131
310730603060315231363151313231393107311931433154311331163065305931633127
316431013065310831793126307031113085317330
36
40
3738
29
34 35
391
309531143110318131283146307631573137310831083172303531443140310531293120
310931363125
3182311831153110 31143133
-Not to Scale--Not a Survey-Rev. 09/15/17
RU
View looking north at the subject property, 3108 Downing
Street
East of the subject property
Across the street, to the south of the subject property West of the subject property
LUP2017-06003
Michael A. Ciaramello
3108 Downing Street
View looking easterly along Downing Street View looking westerly along Downing Street
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9073-17 2nd rdg
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 11.4
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9073-17 on second reading, amending the Zoning Atlas of the city by rezoning
certain real property whose post office address is 3108 Downing Street, Clearwater, Florida
33759, from Office (O) to Low Medium Density Residential (LMDR).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/27/2017
PLANNING & DEVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT BOARD STAFF REPORT
MEETING DATE: October 17, 2017
AGENDA ITEM: E.4.
CASE: REZ2017-06004
REQUEST: To amend the Zoning Atlas designation from Office (O) and Low Medium
Density Residential (LMDR) to Low Medium Density Residential
(LMDR)
GENERAL DATA:
Applicant ......................... Michael A. Ciaramello
Owner ............................. Michael A. Ciaramello
Location .......................... 3108 Downing Street, at the northeast corner of South McMullen Booth
Road and Downing Street
Property Size ................... 0.42-acre portion of a 0.466-acre property
Background:
This case involves 0.42-acres of a 0.466 acre property located at the northeast corner of South McMullen
Booth Road and Downing Street. The parcel is currently owned by Michael A. Ciaramello. An
approximately 2,000 square foot single family home occupies the site. In 2004 the subject property was
comprised of three platted lots (Lots 1, 2 and 3) which were annexed into City (ANX2004-05009). At that
time, Lots 1 and 2 were given Zoning designations of Office (O) and Lot 3 was designated as Low Medium
Density Residential (LMDR). In 2005 Lot 3, excluding the 14 western feet, was sold. The subject property
(now Lots 1, 2 and the west 14 feet of Lot 3) continues to have two zoning districts. Maps 1 and 2 show the
general location of the property and an aerial view of the amendment area.
The request is to change a 0.42-acre portion of the property’s Zoning Atlas designation of Office (O) District
to Low Medium Density Residential (LMDR) District. The applicant has indicated he may be interested in
redeveloping the property with residential uses or selling the property; however, no site plan has been
submitted at this time. A request to amend the Future Land Use Map designation of Residential Office
Limited (R/OL) to Residential Urban (RU) is being processed concurrently with this case (see LUP2017-
06003).
Community Development Board –October 17, 2017
REZ2017-06004- Page 2 of 7
Level III Zoning Atlas Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Map 1 Map 2
Vicinity Characteristics:
Map 3 shows the existing surrounding uses. The property abuts the northbound access road to South
McMullen Booth Road on the west, a mobile home park to the north and single family homes to the east and
south. Further north are attached dwellings. To the west across South McMullen Booth road is a mix of
institutional (Calvary Baptist Church and accessory uses) and single family homes.
Map 3
Community Development Board –October 17, 2017
REZ2017-06004- Page 3 of 7
Level III Zoning Atlas Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
As shown on Map 5, the abutting zoning districts are Low Medium Density Residential (LMDR) to the east,
Mobile Home Park (MHP) to the north, and Institutional (I) to the west across South McMullen Booth Road.
Adjacent properties directly to the south are within unincorporated Pinellas County and have zoning
designations of Single-Family Residential District (R-3) and Limited Office District (P-1A).
Map 4 Map 5
REVIEW CRITERIA:
Consistency with the Clearwater Comprehensive Plan and Community Development Code and City
Regulations [Sections 4-602.F.1]
Recommended Findings of Fact:
Applicable goals, objectives and policy of the Clearwater Comprehensive Plan which support the proposed
amendment include:
Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate
public demand and promote infill development.
Goal A.4. The City shall work toward a land use pattern that can be supported by the available community
and public facilities that would be required to serve the development.
Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and corridors, and
promote redevelopment activities win these areas.
Community Development Board –October 17, 2017
REZ2017-06004- Page 4 of 7
Level III Zoning Atlas Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within
the urban service area shall be promoted through application of the Clearwater Community Development
Code.
Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new
dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of
Clearwater.
Applicable section of the Community Development Code which supports the proposed amendment:
Division 2. Low Medium Density Residential, Section 2-201. Intent and Purpose. The intent and purpose of
the Low Medium Density Residential District ("LMDR") is to protect and preserve the integrity and value of
existing, stable residential neighborhoods of low to medium density while at the same time, allowing a
careful and deliberate redevelopment and revitalization of such neighborhoods in need of revitalization or
neighborhoods with unique amenities which create unique opportunities to increase property values and the
overall attractiveness of the City.
The proposed Low Medium Density Residential (LMDR) District is compatible with the surrounding single
family residential uses. The applicant is considering redeveloping the property with residential uses,
consistent with the intent and purpose of the Low Medium Density Residential (LMDR) District, though no
site plan has been submitted. In addition, the proposal does not degrade the level of service for public
facilities below the adopted standards (a detailed public facilities analysis follows in this report).
Recommended Conclusions of Law:
The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan
and furthers said plan as indicated in the goals, objectives and policy listed above.
Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-602.F.2,
4-602.F.3 and Section 4-602.F.4]
Recommended Findings of Fact:
Single family homes lie to the east and south and mobile homes lie to the north of the subject property. To
the west, across South McMullen Booth Road are accessory uses for Calvary Baptist Church. Although the
property is along the northbound access road for South McMullen Booth Road, the property has never
redeveloped with an office use, consistent with the current zoning district.
The proposed Low Medium Density Residential (LMDR) zoning district requested is consistent with the
surrounding zoning districts that exist in the vicinity of the subject property, and will allow for the
redevelopment of the property with residential uses which is more consistent with the existing neighborhood
than the uses the current Office (O) District would allow. As such, the proposed amendment will allow
development that is in character with the surrounding properties and neighborhood.
Recommended Conclusions of Law:
The proposed Low Medium Density Residential (LMDR) zoning district is in character with the zoning
districts in the area. Further, the proposal is compatible with surrounding uses and consistent with the
character of the surrounding properties and neighborhood.
Community Development Board –October 17, 2017
REZ2017-06004- Page 5 of 7
Level III Zoning Atlas Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Sufficiency of Public Facilities [Section 4-602.F.5]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on the property, the
maximum development potential of the property under the present and requested City Future Land Use Map
designations were analyzed (see Table 1). Even though this is a Zoning Atlas amendment application,
maximum development potential is based on the underlying future land use, so for purposes of this analysis
sufficiency of public facilities is based on the future land use map designation.
Table 1. Development Potential for Existing & Proposed FLUM Designations
Present FLUM
Designations
“R/OL”
Requested FLUM
Designation
“RU”
Net Change
Site Area 0.424 AC
(18,469 SF)
0.424 AC
(18,469 SF)
Maximum
Development
Potential
3 DUs
7,387 SF
0.40 FAR
3 DUs
Zero SF
0.40 FAR
No change
-7,387
No change
Abbreviations:
FLUM – Future Land Use Map DUs – Dwelling Units
AC – Acres FAR – Floor Area Ratio
SF – Square feet
As shown in the table, the proposed amendment does not result in change in development potential and will
not change demand on most public facilities as detailed further below. It should be noted that while there is a
Floor Area Ratio (FAR) listed for Residential Urban (RU) Future Land Use Map Designation, FAR is not
used to regulate residential uses and there are no non-residential uses permitted under Residential Urban
(RU) and therefore the square footage development potential is zero. The following analysis compares the
maximum potential development of the proposed Residential Urban (RU) future land use developed with a
residential use (3 dwelling units) to the maximum development potential of the existing Residential/Office
Limited (R/OL) future land use category developed with a nonresidential use (7,387 square feet).
Potable Water
The proposed amendment will result in a slight increase in potable water use. This is determined by taking
the potential potable water utilization of the maximum number of dwelling units allowed by the proposed
land use (781 gallons per day) and subtracting the potential utilization of a nonresidential development built
to the maximum square feet allowed by the current land use designation (738 gallons per day).
Wastewater
The proposed amendment will result in additional wastewater production of approximately 113 gallons per
day. This is determined by taking the potential wastewater generation of the proposed land use developed
with a residential use (703 gallons) and subtracting the potential wastewater generation of the current land
use designation developed with a nonresidential use (590 gallons).
Community Development Board –October 17, 2017
REZ2017-06004- Page 6 of 7
Level III Zoning Atlas Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Solid Waste
The proposed amendment will result in a decrease of 12.3 tons of solid waste generated annually when
comparing the amount of waste generated by an office use to that of three dwelling units. All solid waste
disposal is handled by Pinellas County at the Pinellas County Waste-to-Energy Plant and the Bridgeway
Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full-service
citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of
Bridgeway Acres. There is already excess solid waste capacity to serve the amendment area.
Parkland
The City’s adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by
this proposed amendment. Under both the existing and proposed land use, the LOS citywide will remain at
15.46 acres per 1,000 population.
Stormwater
Site plan approval will be required before the property can be redeveloped. At that time, the stormwater
management system for the site will be required to meet all City and SWFWMD stormwater management
criteria.
Streets
The subject property is located on the north side of Downing Street at the northeast corner of Downing Street
and the northbound access road for South McMullen Booth Road. The amendment will reduce the number of
trips per day (28 trips) based on the typical traffic impacts figure (trips per day per acres) in the Countywide
Rules for the current and proposed land use categories, which is the standard used to evaluate potential
impacts for Future Land Use Map amendments. The existing Countywide Plan Map category of Office (O)
has a traffic generation rate of 89 trips per day per acre, while the proposed Residential Low Medium (RLM)
has a lower traffic generation rate of 67 trips per day per acre.
Recommended Conclusions of Law:
Based upon the findings of fact, it is determined that the proposed change will not result in the degradation
of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater
management and streets.
Location of District Boundaries [Section 4-602.F.6]
Recommended Findings of Fact:
The location of the proposed Low Medium Density Residential (LMDR) District includes platted Lots 1 and
2 which comprise the portion of the property not currently designated Residential Urban (RU)
(concurrent case LUP2017-06003). The proposed Low Medium Density Residential (LMDR) District is
compatible with the single family residential to the south and east, as well as the mobile park to the north and
institutional uses to the west.
Community Development Board –October 17, 2017
REZ2017-06004- Page 7 of 7
Level III Zoning Atlas Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Recommended Conclusions of Law:
The District boundaries are appropriately drawn and are compatible with the surrounding uses and zoning
districts.
SUMMARY AND RECOMMENDATION:
No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval
unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 3
below depicts the consistency of the proposed amendment with the standards pursuant to Section 4-602.F:
Table 2. Consistency with Community Development Code Standards
CDC Section 4-602 Standard Consistent Inconsistent
F.1 The proposed amendment is consistent with and features
the goals, policies and objectives of the Comprehensive
Plan and furthers the purposes of this Development Code
and other city ordinances and actions designed to
implement the plan.
X
F.2 The available uses to which the property may be put are
appropriate to the property which is subject to the
proposed amendment and compatible with existing and
planned uses in the area.
X
F.3 The amendment does not conflict with the needs and
character of the neighborhood and the city.
X
F.4 The amendment will not adversely or unreasonably affect
the use of other property in the area.
X
F.5 The amendment will not adversely burden public
facilities, including the traffic-carrying capacities of
streets, in an unreasonably or disproportionate manner.
X
F.6 The district boundaries are appropriately drawn with due
regard to locations and classifications of streets,
ownership lines, existing improvements and the natural
environment.
X
Based on the foregoing, the Planning and Development Department recommends the following action:
Recommend APPROVAL of the Zoning Atlas amendment from Office (O) to Low Medium Density
Residential (LMDR).
Prepared by Planning and Development Department Staff:
Ellen Crandall
Senior Planner
ATTACHMENTS: Ordinance No. 9073-17
Resume
Photographs of Site and Vicinity
Ordinance No. 9073-17
ORDINANCE NO. 9073-17
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING A 0.42-ACRE PORTION OF CERTAIN REAL
PROPERTY LOCATED AT THE NORTHEAST CORNER OF
SOUTH MCMULLEN BOOTH ROAD AND DOWNING
STREET, WHOSE POST OFFICE ADDRESS IS 3108
DOWNING STREET, CLEARWATER, FLORIDA 33759,
FROM OFFICE (O) TO LOW MEDIUM DENSITY
RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the Zoning Atlas 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 following described property in Clearwater, Florida, is hereby
rezoned, and the Zoning Atlas of the City is amended as follows:
Property Zoning District
Lots 1 & 2, Downing Sub. as recorded in Plat
Book 16312, page 1971 of the Public
Records of Pinellas County, Florida
From: Office (O)
(REZ2017-06004) To: Low Medium Density
Residential (LMDR)
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, subject to
the approval of the land use designation set forth in Ordinance 9072-17 by the Pinellas
County Board of Commissioners, where applicable.
Ordinance No. 9073-17
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
ZONING MAP
Owner(s): Michael A. Ciaramello Case: LUP2017-06003
REZ2017-06004
Site: 3108 Downing Street Property
Size(Acres): 0.42
Land Use Zoning PIN: 06-29-16-22410-000-0010 From: R/OL O
To: RU LMDR Atlas Page: 292A
I
C
MDR
I
LMDR
US 19
MHP
I
LMDR
OS/R
O
OS/R
LMDR
LMDRLMDR
LMDR
LMDR
GULF-TO-BAY BLVD
DOWNING ST
JOHNS PKWY S McMULLEN BOOTH RD BAY ST COLONIAL DR ESTUARY TRL 27
32 31
3925
33
363361 365
359357
339
349
241223229
337
353
221
347
341
123
311
371
355
377
201
207
219
389
211
351
383
387
217300
345
215
231
373
225
375
227 243
381
200
343
239
235
385
233
150
205 237213
209
31943098309630873107310531033101307131273127310031193100313031063175317031763148317831463135311730813147315531613158313131583167315731063080313731113135
3078308531233160311831123165310931623059310931443140311531013141312530753112
30653131
3107306031523151313931073119314331543113311630653059316331363127
3125
3164310130653179307031113085317330
36
40 3738
29
34 35
367 391369379
30953114311031183181312830543076310831083172303531203131313031333191312931453147306031053129
313631323120310931823108311831153110 311431263133
-Not to Scale--Not a Survey-Rev. 09/15/17
LMDR
View looking north at the subject property, 3108 Downing
Street
East of the subject property
Across the street, to the south of the subject property West of the subject property
REZ2017-06004
Michael A. Ciaramello
3108 Downing Street
View looking easterly along Downing Street View looking westerly along Downing Street
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3980
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 14.1
SUBJECT/RECOMMENDATION:
City Manager/City Attorney Salary Discussion
SUMMARY:
The performance evaluation discussions for the City Manager and City Attorney were
conducted by City Council at the October 19, 2017 City Council meeting. The Council
discussion concerning salary is conducted at the subsequent meeting.
Page 1 City of Clearwater Printed on 10/27/2017
Effective Date Annual Rate Change Percent
10/1/2016 $181,622.31 3
11/14/2015 $176,332.34 3
11/15/2014 $171,196.45 3
11/30/2013 $166,210.14 3.5
11/15/2012 $160,589.51 8
10/1/2011 $148,693.99 0
10/1/2010 $148,693.99 0
10/1/2009 $148,693.99 0
10/1/2008 $148,693.99 0
10/1/2007 $148,693.99 3.95
10/1/2006 $143,043.76 4
10/1/2005 $137,542.08 7
10/1/2004 $128,544.00 3
10/1/2003 $124,800.00 4
10/1/2002 $120,000.00 0.046
10/1/2002 $119,945.00 4.3
10/1/2001 $115,000.00 8.559
10/1/2000 $105,933.45 8
10/1/1998 $98,086.53 8
10/3/1994 $90,820.86
City Attorney
Effective Date Annual Rate Change
Percent
10/1/2016 $196,757.50 3
11/14/2015 $191,026.70 3
11/15/2014 $185,462.82 3
11/30/2013 $180,060.99 3.5
11/15/2012 $173,971.97 8
10/1/2011 $161,085.16 0
10/1/2010 $161,085.16 0
10/1/2009 $161,085.16 0
10/1/2008 $161,085.16 0
10/1/2007 $161,085.16 3.95
10/1/2006 $154,964.08 4
10/1/2005 $149,003.92 7
10/1/2004 $139,256.00 3
10/1/2003 $135,200.00 4
8/2/2002 $130,000.00 8.333
8/2/2001 $120,000.00 20
City Manager
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3947
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 18.1
SUBJECT/RECOMMENDATION:
Suncoast Jazz Classic Weekend - Joan Dragon, Suncoast Jazz Classic Board of Directors
Chair
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/27/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4009
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 18.2
SUBJECT/RECOMMENDATION:
Clearwater Sister Cities, Inc. - Candy Hays, President, Clearwater Sister Cities, Inc.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/27/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4024
Agenda Date: 10/30/2017 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 18.3
SUBJECT/RECOMMENDATION:
Ruth Eckerd Hall Annual Report
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 10/27/2017