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11/02/2018Thursday, November 2, 2017 6:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers City Council Meeting Agenda November 2, 2017City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to sixty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and other electronic devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 Suncoast Jazz Classic Weekend - Joan Dragon, Suncoast Jazz Classic Board of Directors Chair 4.2 Ruth Eckerd Hall Annual Report 4.3 Clearwater Sister Cities, Inc. - Candy Hays, President, Clearwater Sister Cities, Inc. 5. Approval of Minutes 5.1 Approve the minutes of the October 19, 2017 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda Page 2 City of Clearwater Printed on 11/2/2017 November 2, 2017City Council Meeting Agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Approve 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) 7.2 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) 7.3 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) 7.4 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) 7.5 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) Page 3 City of Clearwater Printed on 11/2/2017 November 2, 2017City Council Meeting Agenda 7.6 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. (consent) 7.7 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) 7.8 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) 7.9 Schedule a council meeting on Thursday, December 21, 2017 at 6:00 p.m. (consent) 7.10 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. (consent) Public Hearings - Not before 6:00 PM 8. Second Readings - Public Hearing 8.1 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). 8.2 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). 8.3 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). Page 4 City of Clearwater Printed on 11/2/2017 November 2, 2017City Council Meeting Agenda 8.4 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). 9. City Manager Reports 9.1 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. 9.2 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 9.3 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. 9.4 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. 9.5 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. 9.6 Approve the 2018 State Legislative Priorities. 10. City Attorney Reports 11. Other Council Action 11.1 City Manager/City Attorney Salary Discussion 12. Closing comments by Councilmembers (limited to 3 minutes) 13. Closing Comments by Mayor 14. Adjourn Page 5 City of Clearwater Printed on 11/2/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3947 Agenda Date: 11/2/2017 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: 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 11/2/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4024 Agenda Date: 11/2/2017 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Ruth Eckerd Hall Annual Report SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/2/2017 THE RUTH ECKERD HALL W.,„' EXPERIENCE Education & Outreach Currently serving 40,000+ students of all ages and abilities with more than 81,000 hours of arts experiences. Providing arts integration implementation and training in 18 schools and social service organizations...and growing! MARCIA P. HOFFMAN po,„ Sit ate.k AT RUTH ECKERD HALL CTHE RUTH ECKERD HALL C EXPERIENCE Marketing The Ruth Eckerd Hall Experience The Ruth Eckerd Hall Experience includes all of our incredible venues and amazing brands. When you see the trusted Ruth Eckerd Hall name, expect the unrivaled, the unforgettable, the ultimate experience. Something special is about to happen.... Record Breaking Season 18,479,000 in gross ticket sales in 2016-17 ($1.5M increase over previous record) 400 ticketed events - 88 sell outs - 285,000 paid attendance Advertising 1.5 M spent annually - TV, radio, print, outdoor, digital, etc. 1 M additional through partnership trade & bonus Public Relations 873,000 in editorial coverage Digital Marketing 200,000 Email Database - buy more than $1 M tickets annually 35,000 Text Database - buy more than $300,000 annually - Tripled last year 70,000 Facebook Followers - $44,000 spent on ads equaling $1.1 M in revenue and 7 M impressions Website 3.1 M unique visitors this year - an increase of 1.5 M from last year MRUTI-1 ECKERD I-IALL MURRAY THEATRE THERUTH ECKERD HALL C EXPERIENCE Entertainment Promoted 276 shows and events at Ruth Eckerd Hall & the Capitol Theatre, featuring national artists. Promoted 24 shows at venues across Tampa Bay, including the Palladium Theatre in St. Pete, the Tampa Theatre and 2 sell outs at Amalie Arena. Plus 5 Blast Friday fests, Miracle on Cleveland Street, Cruisin' at the Capitol and 4 Coachman Park concerts - all in Clearwater Ruth Eckerd ranked # 4 in the world, #4 in U.S. and #2 in Florida (venues with 2500 seats or less) Capitol Theatre ranked #1 in Florida, #18 in U.S and #19 in the world (venues with 800 seats or less) Ruth Eckerd Hall on the Road ranked #31 highest grossing promoter in U.S. Produce/book Clearwater Jazz Holiday headliners, Tampa Bay Rays concert series, PGA Valspar country concert & much more! RUTH ECKERD HALL tr, ma Iry in !MI c 3.1 015 3RD FLOOR GREAT ROOM EXPERIENCE COMFORT Cri 0 MECHANICAL EQUIPMENT YARD A A A A A by 0 PARTIAL NORTH FIRST FLR PLAN LI111.21W1M.M.RRIMIIMPS IMO. Wel AMMO 0. NMSAIL F.1.04.17.11141 110111.1 MOMMII PARTIAL SOUTH FIRST FLR FLAN pp, NUMILNYCIY.M.V.V1.,“11141.. 0,5 g IU b s. us*. PROMOMMer A1.0 OP. WITH THE NEW HVAC SYSTEM co 4>z mm Lu Q LU 0.• LS in [:C[.RD klar and klar architects inc. a ' www.klarklar.com THE EXPERIENCE BEGINS I I rs t a ri r a r cz klar and klar architects inc. EXPANDING THE EXPERIENCE FROM 4 TO 6 LANES 11 0 0 0 i 1 c Mar and klar architects inc. SOMETHING SPECIAL IS ABOUT TO HAPPEN o J Z J Y m L1/ W aI z Oo zz I'mp W Q Z 7 W 0 0 z O • NM • - • - 1111111 • NMI ® O o M f AEI IMO MI OEM imA 6.114 ....1. BEAUTIFUL NEW GRAND LOBBY EXTERIOR ENTER THE EXPANSIVE NEW LOBBY A LLI 11=3 M=I EMI • CABARET THEATRE CABARET Iran tt,tzt-tv-tttAiitt" CABARET THEATRE STAGE CENTER LOBBY TWO -STORY ALL -GLASS DRESS CIRCLE IN BACK) GRAND LOBBY ENTRY NEW TWO -STORY DRESS CIRCLE LOUNGE NEW DRESS CIRCLE LOWER BAR 6 1 1 1 1 1 1 1 DIGITAL TV WALL ULI LU im= ocEZ LLI 1- z 1-1 LU M co 1— < Z 0 LU Liu LLI NM MN I= MO I= 111011 IIMII MN ME k1ar and Id architects in TICKET OFFICE PERSPECTIVE www.klarklarc NEW EXTERIOR BOX OFFICE W Z CAPITAL CAMPAIGN SCOPE 519,000,000 ACCOMPLISHED FUNDED Wf Murray Theatre f HVAC I7f New Kitchen /Heye Great Room Remodel W( Six -Lane Arrival Experience ON THE HORIZON Grand Lobby /Cabaret Theatre 2 -Story Dress Circle Expansion,Orchestra Shell 7m Funded 7.5m 2.5m 7.5m 2.5M Phase 1 Phase 2 Phase 3 Phase 4 Slim Phases 4m to go 19M 4M TOGO 15M RAISED CAPITAL CAMPAIGN c THE SCOPE KRUTHEC RIERD HALL EXPEENCE Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4009 Agenda Date: 11/2/2017 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.3 SUBJECT/RECOMMENDATION: 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 11/2/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4037 Agenda Date: 11/2/2017 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the October 19, 2017 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/2/2017 City Council Meeting Minutes October 19, 2017 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Thursday, October 19, 2017 5:00 PM Council Chambers City Council Page 1 City of Clearwater Draft City Council Meeting Minutes October 19, 2017 Roll Call Present: 5 - Mayor George N. Cretekos, Vice Mayor Hoyt Hamilton, Councilmember Doreen Caudell, Councilmember Bob Cundiff and Councilmember Bill Jonson Also Present: William B. Horne II – City Manager, Jill Silverboard – Deputy City Manager, Micah Maxwell – Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk and Nicole Sprague – Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Cretekos The meeting was called to order at 5:00 p.m. at City Hall. 2. Invocation – Father Randall Hehr from Holy Trinity Episcopal Church 3. Pledge of Allegiance – Vice Mayor Hamilton 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 October Service Awards One service award was presented to a city employee. 4.2 World Pancreatic Cancer Awareness Day, November 16, 2017 - Tammy Watcher and Joanne Wazocha , Pancreatic Cancer Action Network 4.3 Keeping the Lights on After School Day Proclamation, October 26, 2017 – Katie Yeates and Art O’Hara, R’Club 4.4 Florida City Government Week Proclamation, October 23-29, 2017 – Nicole Sprague, Official Records and Legislative Services 4.5 Hispanic Heritage Presentation – Nio Fernandez Mr. Fernandez thanked the Council and staff for their continued support. Page 2 City of Clearwater Draft City Council Meeting Minutes October 19, 2017 5. Approval of Minutes 5.1 Approve the minutes of the October 5, 2017 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Caudell moved to approve the minutes of the October 5, 2017 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Daniel Haluba urged all who vote yes on the City's referendum question to consider what is going on in the City and ask themselves if the City deserves more tax. He opposed the City's returned check policy. 7. Consent Agenda – Approved as submitted. 7.1 Authorize purchase orders for Mechanical, Electrical, and Plumbing Services, for an annual amount of $250,000, for a period of one year, with two one-year extension options at the City’s discretion, and authorize the appropriate officials to execute same. (consent) 7.2 Award a contract (purchase order) to Kenyon and Partners, Inc., of Tampa, Florida, for $310,251.60, to perform various air conditioner renovations and replacements needed throughout Spectrum Field and authorize the appropriate officials to execute same. (consent) 7.3 Approve Trail Maintenance Interlocal Agreement between Pinellas County and the City of Clearwater, Florida for the maintenance of a portion of the Pinellas Trail being constructed from SR 590 at CR 535 and improvements to the Ream Wilson Trail along the west side of CR 535; approve Trail Funding Interlocal Agreement between Pinellas County and the City of Clearwater, Florida contributing $100,000 towards the construction of improvements made by the County to the Ream Wilson Trail, and authorize the appropriate officials to execute same. (consent) 7.4 Award a construction contract to Suncoast Development of Pinellas County, Inc. (SDPC), in the amount of $3,926,032.00 for the Kapok Terrace Sanitary Sewer Improvements Project (15-0036-UT), which is the lowest responsible bid received in accordance with plans and specifications of the project; approve Supplemental 2 Work Order to Engineer of Record (EOR) King Engineering Associates, Incorporated of Tampa, Florida, in the amount of $217,543 for Engineering Services during construction; and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Draft City Council Meeting Minutes October 19, 2017 7.5 Approve change order 1 from Steve’s Excavating and Paving, of Clearwater, FL, for the Druid Road Stormwater Improvements Project (11-0044-EN) in the amount of $545,071.33 and a contract time extension of 300 days; approve an amendment to Cooperative Funding Agreement (N270) with Southwest Florida Water Management District (SWFWMD), extending the expiration date to March 30, 2019; and authorize the appropriate officials to execute same. (consent) 7.6 Award a construction contract to Poole and Kent Company of Florida, of Tampa, FL, in the amount of $511,750.00 for the Reverse Osmosis Water Treatment Plant 1 (RO WTP 1) Blend Tank Removal project (16-0032-UT), which is the lowest responsible bid received in accordance with the plans and specifications, and authorize the appropriate officials to execute same. (consent) 7.7 Approve Blanket Purchase Orders to Baker and Taylor, Atlanta, GA for $245,000; Ingram Library Services, Atlanta, GA for $160,000 and Midwest Tape, Holland, OH for $70,000 for the purchase of library books and other materials for the contract period of October 1, 2017 through September 30, 2018, and authorize the appropriate officials to execute same. (consent) 7.8 Approve a six-month extension with TC Delivers Tampa, Fl in the amount of $244,500 for utility bill print and mail and mail processing services for the City of Clearwater, from November 1, 2017 through April 30, 2018, and authorize the appropriate officials to execute same. (consent) 7.9 Approve Supplemental Work order to Architect of Record Long and Associates Architects/Engineers, Inc. of Tampa, FL in the amount of $504,901 for architectural and engineering services for the proposed Clearwater Gas System Facility Redevelopment Project (15-0043-GA); approve the transfer of $4,505,380 from Gas Fund reserves to Capital Improvement Project 315-96384, Gas System - Pinellas Building; and authorize the appropriate officials to execute same. (consent) 7.10 Appoint Wayne Carothers, Joseph Nycz and Sue Johnson to the Municipal Code Enforcement Board with terms to expire October 31, 2020. (consent) 7.11 Approve the 2018 City Council Meeting Schedule. (consent) 7.12 Appoint John Thomas, Sr. to the Environmental Advisory Board with term to expire October 31, 2021. (consent) Councilmember Cundiff moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Page 4 City of Clearwater Draft City Council Meeting Minutes October 19, 2017 Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve a Future Land Use Map Amendment from the Institutional (I) category to the Residential Low Medium (RLM) category for 1895 Virginia Avenue; and pass Ordinance 9046-17 on first reading. (LUP2017-05002) This Future Land Use Map amendment involves a 3.08-acre portion of a 3.615 acre property on the south side of Virginia Avenue approximately 1,200 feet east of Keene Road. The parcel is owned by the Macedonian Society of Florida Alexander the Great, Inc. and is currently occupied by a 2,400 square foot building previously used as a social club. The applicant is requesting to amend a 3.08-acre portion of the property’s Future Land Use Map designation of Institutional (I) to Residential Low Medium (RLM). The existing Preservation (P) area designated along the southwestern portion of the parcel is not proposed to change. The applicant has indicated the site will be redeveloped with townhomes or villas; however, no site plan has been submitted at this time. The applicant has submitted a Zoning Atlas amendment (REZ2016-08004) which is being processed concurrently with this case. The proposed Residential Low Medium (RLM) category would permit development at a density of 10 dwelling units per acre, or a FAR of 0.50. The proposed Residential Low Medium (RLM) category allows primarily residential uses, and would allow the site to be redeveloped at a scale and density that is compatible with the surrounding neighborhoods. The Planning and Development Department determined that the proposed Future Land Use Map amendment is consistent with the provisions of the Clearwater Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. • The proposed amendment is compatible with the surrounding property and character of the neighborhood. • Sufficient public facilities are available to serve the property. • The proposed amendment will not have an adverse impact on the natural environment. • The proposed amendment will not have an adverse impact on the use of property in the immediate area. In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity and other state agencies is not required. Page 5 City of Clearwater Draft City Council Meeting Minutes October 19, 2017 The Community Development Board will review this application at its October 17, 2017 public hearing and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. Councilmember Caudell moved to approve a Future Land Use Map Amendment from the Institutional (I) category to the Residential Low Medium (RLM) category for 1895 Virginia Avenue. The motion was duly seconded and carried unanimously. Ordinance 9046-17 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 9046-17 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 8.2 Approve a Zoning Atlas Amendment from the Institutional (I) District to the Medium Density Residential (MDR) District for 1895 Virginia Avenue; and pass Ordinance 9047-17 on first reading. (REZ2017-05003) This Zoning Atlas amendment involves a 3.08-acre portion of a 3.615-acre property on the south side of Virginia Avenue approximately 1,200 feet east of Keene Road. The parcel is owned by the Macedonian Society of Florida Alexander the Great, Inc and is currently occupied by a 2,400 square foot building previously used as a social club. The applicant is requesting to rezone the property from the Institutional (I) District to the Medium Density Residential (MDR) District. The existing Preservation (P) area designated along the southwestern portion of the larger parcel is not proposed to change. The applicant has indicated the site will be redeveloped with townhomes or villas; however, no site plan has been submitted at this time. The applicant has submitted a Future Land Use Map amendment (LUP2017-05002) which is being processed concurrently with this case. The proposed Medium Density Residential (MDR) District will allow the site to be redeveloped with single family or attached dwellings, such as townhomes or villas. The Medium Density Residential (MDR) zoning district is consistent with the surrounding zoning districts that exist in the vicinity of the subject property. The Planning and Development Department determined that the proposed Zoning Atlas amendment is consistent with the Clearwater Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. Page 6 City of Clearwater Draft City Council Meeting Minutes October 19, 2017 • The proposed amendment is compatible with the surrounding property and character of the neighborhood. • The available uses in the Medium Density Residential (MDR) District are compatible with the surrounding area. • The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner; and • The proposed Medium Density Residential (MDR) District boundaries are appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board will review this application at its October 17, 2017 public hearing and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. Vice Mayor Hamilton moved to approve a Zoning Atlas Amendment from the Institutional (I) District to the Medium Density Residential (MDR) District for 1895 Virginia Avenue. The motion was duly seconded and carried unanimously. Ordinance 9047-17 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 9047-17 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 8.3 Approve a Future Land Use Map Amendment from the Residential/Office Limited (R/OL) category to the Residential Urban (RU) category for 3108 Downing Street; and pass Ordinance 9072-17 on first reading. (LUP2017-06003) This Future Land Use Map amendment application involves a 0.42-acre portion of a 0.466-acre parcel located on the northeast corner of South McMullen Booth Road and Downing Street. The parcel is owned by Michael A. Ciaramello and is currently occupied by a single family house. The applicant is requesting to amend the Future Land Use Map designation of a 0.42-acre portion of the subject property from Residential/Office Limited (R/OL) to Residential Urban (RU). The applicant has submitted a Zoning Atlas Amendment (REZ2017-06004) which is being processed concurrently with this case. In 2004 three platted lots (Lots 1, 2, and 3) inclusive of the proposed amendment area, were annexed into the City. At that time Lots 1 and 2 were Page 7 City of Clearwater Draft City Council Meeting Minutes October 19, 2017 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 fourteen feet, was sold. The 0.466-acre parcel (now Lots 1, 2 and the west fourteen feet of Lot 3) continues to have two future land use designations; therefore an amendment is required to establish a single future land use category across the parcel. The proposed Residential Urban (RU) future land use category would permit residential development at a density of 7.5 dwelling units per acre. The proposed Residential Urban (RU) would allow the site to be redeveloped at a density that is compatible with the surrounding properties and neighborhood. The Planning & Development Department has determined that the proposed Future Land Use Map amendment is consistent with the provisions of the Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. • The proposed amendment is compatible with the surrounding property and character of the neighborhood. • Sufficient public facilities are available to serve the property. • The proposed amendment will not have an adverse impact on the natural environment. • The proposed amendment will not have an adverse impact on the use of property in the immediate area. In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity is not required. The Community Development Board will review this application at its October 17, 2017 public hearing and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. In response to a question, Planning and Development Assistant Director Gina Clayton said if the item is approved, the site could not be used as office. Councilmember Caudell moved to approve a Future Land Use Map Amendment from the Residential/Office Limited (R/OL) category to the Residential Urban (RU) category for 3108 Downing Street. The motion was duly seconded and carried unanimously. Page 8 City of Clearwater Draft City Council Meeting Minutes October 19, 2017 Ordinance 9072-17 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 9072-17 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 8.4 Approve a Zoning Atlas Amendment from the Office (O) District to the Low Medium Density Residential (LMDR) District for 3108 Downing Street; and pass Ordinance 9073-17 on first reading. (REZ2017-06004) This Zoning Atlas amendment application involves a 0.42-acre portion of a 0.466-acre parcel located on the northeast corner of South McMullen Booth Road and Downing Street. The parcel is owned by Michael A. Ciaramello and is currently occupied by a single family house. The applicant is requesting to rezone a portion of the subject property from the Office (O) District to the Low Medium Density Residential (LMDR) District. The applicant has submitted a Future Land Use Map amendment (LUP2017-06003) which is being processed concurrently with this case. In 2004, three platted lots (Lots 1, 2, and 3) inclusive of the proposed amendment area were annexed into the City. At that time Lots 1 and 2 were designated as Office (O) and Lot 3 was designated Low Medium Density Residential (LMDR) on the City’s Zoning Atlas. In 2005 Lot 3, excluding the western fourteen feet, was sold. The 0.466-acre parcel (now Lots 1, 2 and the west fourteen feet of Lot 3) continues to have two zoning designations; therefore an amendment is required to establish a single zoning district across the parcel. The proposed Low Medium Density Residential (LMDR) District will allow the site to remain residential. The Low Medium Density Residential (LMDR) District is consistent with the surrounding zoning districts that exist in the vicinity of the subject property. The Planning & Development Department has determined that the proposed Zoning Atlas amendment is consistent with the Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. • The proposed amendment is compatible with the surrounding property Page 9 City of Clearwater Draft City Council Meeting Minutes October 19, 2017 and character of the neighborhood. • The available uses in the Low Medium Density Residential (LMDR) District are compatible with the surrounding area. • The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. • The proposed Low Medium Density Residential (LMDR) District boundary is appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board will review this application at its October 17, 2017 public hearing and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. Vice Mayor Hamilton moved to approve a Zoning Atlas Amendment from the Office (O) District to the Low Medium Density Residential (LMDR) District for 3108 Downing Street. The motion was duly seconded and upon roll call, the vote was: Ordinance 9073-17 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 9073-17 on first reading. The motion was duly seconded and carried unanimously. Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 9. City Manager Reports 9.1 Approve a Capital Funding Agreement with Clearwater Marine Aquarium for a sum not to exceed $5 million (one payment for $3 million and a one-time matching grant for $2 million) and authorize the appropriate officials to execute same. In September of 2016 the Clearwater Marine Aquarium (CMA) made a request to the City for grant funding in the amount of $3.0 million in immediate funding plus an additional $2.0 million in matching funding to be paid when CMA obtains private donations of an equal amount. After the request was made, the CMA made a change in architects and placed their request on hold, until the new design was developed and final costs had been estimated. That work has been completed and the CMA has asked that their grant request and its accompanying agreement be brought forward for consideration by the Clearwater City Council. Page 10 City of Clearwater Draft City Council Meeting Minutes October 19, 2017 Staff recommends approval. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment in FY 2018 will provide a transfer of $5,000,000 from General Fund Reserves, to a capital improvement project number to be determined to fund this agreement USE OF RESERVE FUNDS: Funding for this agreement will be provided by a fiscal 2018 first quarter budget amendment allocating General Fund reserves in the amount of $5,000,000. A net total of $8,629,249 of General Fund reserves was appropriated by Council to fund expenditures in the 2016/17 operating budget. If this item is approved, the remaining balance in General Fund expenditures, after the 8.5% minimum reserve requirement, is approximately $10.2 million, including the BP legal settlement monies. Exclusive of the BP monies, the remaining balance is $3.7 million, or 2.75% of the fiscal 2018 General Fund operating budget. In response to a concern, the City Manager said the 8.5% reserve contingency is intact; there are no immediate needs for that remaining reserve amount. Staff feels that Council will be prudent in any additional reserve fund expenditures. One individual spoke in support. Discussion ensued with comments made that the CMA has a countywide economic impact, the CMA's education outreach continues to benefit the city and county students, and that the CMA facility continues to strengthen the area's tourism industry. A concern was expressed with the City's financial resources and the amount of funding requested of the City; support was provided for a $2 million grant. It was stated that the City has invested a substantial amount of money in the CMA. Vice Mayor Hamilton moved to approve a Capital Funding Agreement with Clearwater Marine Aquarium for a sum not to exceed $5 million (one payment for $3 million and a one-time matching grant for $2 million) and authorize the appropriate officials to execute same. The motion was duly seconded and carried with the following vote: Ayes: 4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell and Councilmember Cundiff Nays: 1 - Councilmember Jonson Page 11 City of Clearwater Draft City Council Meeting Minutes October 19, 2017 9.2 Approve Stantec Consulting Services, Inc. of Tampa, Florida as the design consultant to complete the design of the various elements of the Imagine Clearwater conceptual plan and authorize the appropriate officials to execute same. In June 2017, a Request for Qualifications was issued for engineering firms to complete the design of the various elements of the Imagine Clearwater conceptual plan. Five firms responded to the request. The City’s selection committee consisting of the Assistant City Manager, CRA Director, Planning and Development Director, Parks and Recreation Director, and Engineering Director chose four of the firms to provide oral presentations. Following the presentations the committee ranked the firms in this order: Stantec Consulting Services, Inc., Sasaki and Associates, Wantman Group Inc., and Cardno. The recommendation was based on the firm’s experience and capabilities, project approach, and qualifications of available personnel. A work order will be negotiated with Stantec and presented to Council for approval. Councilmember Jonson moved to approve Stantec Consulting Services, Inc. of Tampa, Florida as the design consultant to complete the design of the various elements of the Imagine Clearwater conceptual plan and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 10. City Attorney Reports – None. 11. Other Council Action 11.1 City Manager Evaluation AND 11.2 City Attorney Evaluation Councilmembers gave their evaluations to the City Attorney and City Manager. Vice Mayor Jonson said he provided feedback to the City Attorney via the SAMP 4-6 Performance Evaluation Form and the City Manager via the ICMA (International City/County Management Association) format; copies of the forms were provided to Council's Executive Assistant for distribution. Page 12 City of Clearwater Draft City Council Meeting Minutes October 19, 2017 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Jonson said he has been approached by several people regarding hurricane debris pick up. He said communication is the key and that the city website should be updated with the current status of pick up until normal processes resume. 13. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events. 14. Adjourn The meeting adjourned at 6:19 p.m. Mayor City of Clearwater Attest City Clerk Page 13 City of Clearwater Draft Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3988 Agenda Date: 11/2/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 7.1 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 11/2/2017 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: 11/2/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.2 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 11/2/2017 File Number: ID#17-3985 to fund this purchase. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/2/2017 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: 11/2/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.3 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 11/2/2017 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 11/2/2017 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: 11/2/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.4 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 11/2/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3986 Agenda Date: 11/2/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.5 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 11/2/2017 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 Clearwater Farmer’s Market Initials: ________ Date: ________ City of Clearwater Initials: _______ Date: _______ Clearwater Farmers Market Manager THIS CONTRACT (Contract), effective as of the 2nd day of November, 2017, is made by and between the City of Clearwater and RTP Productions Corp. (“RTP”), located at 101 South Garland Avenue, Suite 204, Orlando, Florida 32801. I.SCOPE RTP is to perform the work as defined in Request for Proposals (RFP 31-17), in accordance with the terms and conditions specified therein, together with any advertisement, instructions to proposers, addendums, and any other specifications, which are hereby incorporated by reference and made a part of this contract. In the event of a conflict between this contract and the incorporated RFP 31-17 documents, these contract terms shall prevail. Unless otherwise specified herein, RTP is to furnish manpower and insurances, to complete the work. This work is a weekly, Saturday morning Farmers Market and other agreed upon events for the City of Clearwater. The City of Clearwater is to provide space in mutually agreed upon market locations for up to 150 vendor spaces, electricity to as many areas as possible, garbage dumpster, parking for patrons and vendors, storage space for weekly market furnishings, and restroom facilities. II.TERM OF CONTRACT The term of this Contract shall be for a period of one (1) year, with four (4) one (1) year extension options by mutual written agreement. The effective date of this contract shall be November 2, 2017. III.COMPENSATION AND PAYMENT RTP collects all vendor rental fees. As outlined in our proposal (RFP 31-17), RTP will remit to the City of Clearwater, 20% of all vendor booth rental. The $5.00 surcharge for any vendor using electricity will also be remitted to the City. The revenue collected will be remitted on a monthly basis to the City and held “in escrow” to be reinvested into collaborative events between the market and the City Clearwater Farmer’s Market Initials: ________ Date: ________ City of Clearwater Initials: _______ Date: _______ and/or to cover any expense the City would incur due to the market. Any sponsorship money raised by RTP will be shared 50/50 with the City. IV.INSURANCE Upon the execution of this Contract, RTP shall provide the City of Clearwater, the DDB and CRA with the required Certificate(s) of Insurance in a form acceptable to the City, DDB and CRA. The Certificate(s) of Insurance shall demonstrate that RTP has coverage in accordance with the requirements set forth in the RFP 31-17. RTP will cover the vendors taking place in their weekly market and will attach a weekly list of participating vendors that the market is covering with their insurance. V.ADVERTISING RTP would receive a minimum of 3 months postings in the “Sunshine Lines” mailer. RTP would receive ads or advertorial in the My Clearwater Magazine – date to be agreed upon. The Clearwater Farmers Market will be listed on the City Calendar at myclearwaterevents.com. IN WITNESS WHEROF, this agreement is executed as of the date set forth above. RTP PRODUCTIONS CORP. ____________________________By: __________________________ Witness ___________________________(name, title) Countersigned:CITY OF CLEARWATER, FLORIDA __________________________By: ___________________________ George N. Cretekos William B. Horne, II Mayor City Manager Approved as to form:Attest: _________________________________________________________ Matthew M. 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#17-3989 Agenda Date: 11/2/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.6 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. (consent) 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 11/2/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3982 Agenda Date: 11/2/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.7 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 11/2/2017 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 11/2/2017 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#17-3974 Agenda Date: 11/2/2017 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.8 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 11/2/2017 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 AVEG ULF T O B AY BLV D TURNER ST DE LEON ST ROGERS ST LAURA ST SA N TA R OS A S T SAN JUAN CT PIERCE STWAV ERLY 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 &SANITA RY SEWER IMPROVEMENTS / Pa vem ent R esu rfacing Utility Improvements St ormw ater Improve ments Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4016 Agenda Date: 11/2/2017 Status: Consent AgendaVersion: 3 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Schedule a council meeting on Thursday, December 21, 2017 at 6:00 p.m. (consent) SUMMARY: Economic Development and Housing has requested to schedule a council meeting on December 21, 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 11/2/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-4032 Agenda Date: 11/2/2017 Status: Consent AgendaVersion: 2 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.10 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. (consent) 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 11/2/2017 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 P urchasing 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 u nder 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 securi ty 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 excep tion, 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 m ay 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 pendi ng, 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 & f inals. 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 m ust 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 Cle arwater’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 exemp t 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 contra ctor 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 c ontractor 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 TERMS AND CONDITIONS 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 i n 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 Cit y 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 j udgments, 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 TERMS AND CONDITIONS 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 curren t 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 question s 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 agencie s 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 main tain) 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 provid ing 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 f rom 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 qualif ies 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 b e 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: 9046-17 2nd rdg Agenda Date: 11/2/2017 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.1 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 11/2/2017 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 PINES B A R B A R ALAKE31 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 141142143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 (172) (173) (173) (173) TRACT "C" TRACT "B" TR "A" TRACT "B" TRACT "D" 31/011 3.61 33/01 6.38 A C(C) A C(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 L A K E W O O D D R 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 191219481876191619132 2 6 5 1870184618301900192419482279 1955193319611852188419182194418831906196019361907195922361948194019041924186622221853224219131928190518541888191722641942190419052281 225418722269 2235191319331901187119362273 19051859186922771841 192518872243 19722152195219252241 22391848 2275 2253 21671895226718562276 195419302241 189719331984223419251932192918952246 224 5 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: 11/2/2017 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.2 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 11/2/2017 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 PINES B A R B A R ALAKE31 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 141142143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 (172) (173) (173) (173) TRACT "C" TRACT "B" TR "A" TRACT "B" TRACT "D" 31/011 3.61 33/01 6.38 A C(C) A C(C) P I P LMDR OS/R LMDR VIRGINIA AVE PALM DR ALTON DR ALLARD DR SPRINGRAIN DR PALMETTO DR PINEHURST DR L A K E W O O D D R RIDGEWOOD DR ALICIA DR SPRINGWOOD CIR N SPRINGBUSH LN SPRINGFLOWER DR 190022272256 19312234 2252 1988191319322218 2 2 6 5 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 224 5 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 191619132 2 6 5 1870222522321846183019001821192419482279 195519331961185218841979191822231971219441883190619601936190719592236194819401904192418662222185322291916224219131928 19431863195919052 2 6 61854 1888191719372264 22331942190419052258 2281 2254 193718722269 223519131966193319082248 19011974187119362273 19051859186922771841 192518872243 197219652152195219252241 22391848 2201 2275 18572253 2167189521851881226718562276 195419302241 1897193319011984223419251932192918952246 224 5 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: 11/2/2017 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.3 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 11/2/2017 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: 11/2/2017 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.4 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 11/2/2017 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 LMDR LMDR 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 35 367 391 369 379 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#17-3901 Agenda Date: 11/2/2017 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 9.1 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. 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 11/2/2017 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 2nd day of November, 2017. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: _______________________________________________________ Camilo A. 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 attached as Exhibit “E.” 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: _______________________________________ (Authorized Signature) Printed Name: _______________________________ Title: ______________________________________ Date: ______________________________________ CITY OF CLEARWATER – CITY By: _______________________________________Approved As To Form: (Authorized Signature) Printed Name: ____________________________________________________________ City Attorney Title: ______________________________________ Attest: _____________________________________ (Authorized Official) Date: ______________________________________ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By:_______________________________________ Freight, Logistics and Passenger Operations Administrator Date: _____________________________________ DEPARTMENT OF TRANSPORTATION LEGAL REVIEW By:______________________________________ Attorney, FDOT Date: ____________________________________ SOP 626811F CLOSURE Page 1 of 5 November 1, 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 5 November 1, 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 5 November 1, 2017 Parties. Upon compliance with the terms of this Stipulation of Parties, DEPARTMENT, CITY AND RAILROAD agree that the Hendricks 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 as attached in EXHIBIT “E”. 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 5 November 1, 2017 CSX – RAILROAD By: _______________________________________ (Authorized Signature) Printed Name: _______________________________ Title: ______________________________________ Date: ______________________________________ CITY OF CLEARWATER – CITY By: _______________________________________Approved As To Form: (Authorized Signature) Printed Name: ____________________________________________________________ City Attorney Title: ______________________________________ Attest: _____________________________________ (Authorized Official) Date: ______________________________________ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By:_______________________________________ Freight, Logistics and Passenger Operations Administrator Date: _____________________________________ DEPARTMENT OF TRANSPORTATION LEGAL REVIEW By:______________________________________ Attorney, FDOT Date: ____________________________________ SOP 626811F CLOSURE Page 5 of 5 November 1, 2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 17-35 Agenda Date: 11/2/2017 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 9.2 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 11/2/2017 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 2nd day of November, 2017. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: _______________________________________________________ Camilo A. 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#17-3978 Agenda Date: 11/2/2017 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 9.3 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. 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 11/2/2017 Page 1 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. Page 2 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 Exhib it 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. Page 3 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 with limits of $1,000,000 per occurrence and $2,000,000 in the aggregate for commercial general liability, statutory worker’s compensation with employer’s liability limit of $500,000, auto liability with a limit of $1,000,000 per accident and a commercial excess policy with a limit of $1,000,000. Coverage shall be primary and non- contributory and include waivers of subrogation in favor of the County and the City. County shall include insurance requirements and terms in bid document. 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. Page 4 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 the reunder, and the character, quality, Page 5 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 Nguyen 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 written notice of such designation to the other party in accordance with this Agreement. Page 6 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 Page 7 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 b y the City to the County shall be refunded in full by the County within thirty (30) days. Page 8 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 Page 1 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. Page 2 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. Page 3 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 with limits of $12,000,000 per occurrence and $2,000,000 in the aggregate for commercial general liability, and provide statutory worker’s compensation with employer’s liability limit of $500,000, and auto liability with a limit of $1,000,000 per accident and a commercial excess policy with a limit of $1,000,000.as appropriate. Coverage shall be primary and non-contributory and include waivers of subrogation in favor of the County and the City. County shall include insurance requirements and terms in bid document. 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 ava ilable 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. Page 4 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 the reunder, and the character, quality, Page 5 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 written notice of such designation to the other party in accordance with this Agreement. Page 6 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 Page 7 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. Page 8 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 WO ODLAWN TE R PALM ST PINELAND DR SAND Y LN SYLVAN DR STATE ST MARY L RD BERMUDA ST SPRINGTIME AVE SEDEEVA CIR N ARB E LIA 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 ²Prepare d b y:Eng ineer ing De p ar tm en tGeographic T echno lo gy Division100 S . M yrtle Ave, Clear water, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClea r wa ter .co m CRM DN N.T.S.260B 03-29s -15 e10/1 8/2017Map Gen By:Reviewed By:S-T-R:Grid #:Date:Sca le: SUNSET POINT at BETTY LANEUTILITY RELOCAT ION JPA(Contract #17-0012-UT) Path: V:\GIS\Engineering\Location Maps\SunsetPoint _Bet ty_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: 11/2/2017 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 9.4 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 11/2/2017 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3994 Agenda Date: 11/2/2017 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 9.5 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. 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 11/2/2017 File Number: ID#17-3994 Page 2 City of Clearwater Printed on 11/2/2017 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. 3 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; 4 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. 6 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. 9 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. 11 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. 12 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. 13 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. 14 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. 15 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 16 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. 17 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 18 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. 19 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 20 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. 21 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. 22 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. 23 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. 24 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). 25 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. 26 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. 27 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. 28 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. 29 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 30 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 31 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. 32 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. 33 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. 34 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. 35 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. 36 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 38 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 39 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, 40 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. 41 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 42 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 43 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. 44 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. 45 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. 46 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. 47 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. 48 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. 49 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. 50 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#17-4031 Agenda Date: 11/2/2017 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.6 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 11/2/2017 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 $ 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. Clearwater Local Bill • 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. 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, Formatted: Font: Bold, Not Italic Formatted: Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Not Italic Formatted: Indent: Left: 0.5" 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 consideration of alternative omnimodal transit options from Tampa International Airport to Clearwater Beach.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 a statewide program funding to inspect and initiate repairs for residential sewer lateral pipelines. • Preserve statewide program that assists local governments with maintaining Spring Training facilities. 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. • Elimination of Community Redevelopment Agencies. • Erosion of local self-government (Home Rule), a constitutional right Floridians supported in a statewide vote 50 years ago. • 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: 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 $ *Due to an audit recommendation, receipt of payments made at year end are posted in the following year, which is the license year. In addition, the City will support the Florida League of Cities in pursuing its legislative priorities. Formatted: Left, Indent: Left: 0.5" Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#17-3980 Agenda Date: 11/2/2017 Status: Other CouncilVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 11.1 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 11/2/2017 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