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10/12/2020Monday, October 12, 2020 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Community Redevelopment Agency Meeting Agenda October 12, 2020Community Redevelopment Agency Meeting Agenda To ensure public safety and comply with the Governor's Safer at Home order in response to the COVID-19 virus, the Clearwater City Council will hold a public meeting on Monday, October 12, 2020 at 9:00 a.m. using communications media technology. Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. The meeting will be held through the Zoom platform and will be broadcast live on the city's website (https://www.myclearwater.com/government/council-meeting-streaming-videos), o n F a c e b o o k ( w w w . f a c e b o o k . c o m / c i t y o f c l e a r w a t e r ) a n d o n Y o u T u b e (www.youtube.com/myclearwater) as well as the following public access TV channels: Spectrum Channel 638, Frontier Channel 30 and WOW! Channel 15. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following four options to ensure public comment for a virtual meeting: 1)eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. Comments received during the meeting will become part of the official record, if posted prior to the closing of public comment. The City Clerk will read received comments into the record. 2)Email – Individuals may submit written comments or videos to ClearwaterCRA@myclearwater.com. All comments received by 5 p.m. the day before the meeting (October 11) will become part of the official record. The City Clerk will read received comments into the record. 3)Call-in - During the meeting individuals will be able to call in to 562-4646 and be placed on-air to speak to an individual item. 4)Council Chambers - Additionally, like any other council meeting, the public may provide public comment at the Main Library, Council Chambers, 100 N Osceola Avenue. Due to COVID-19, all speakers desiring to appear in person will be subject to all applicable emergency measures in place to prevent the further spread of COVID-19. Speakers who appear in person will be subject to screening for symptoms of COVID-19. Any persons exhibiting any symptoms of COVID-19 will not be permitted to enter council chambers but will be able to participate through the remote options described above. Individuals with disabilities who need reasonable accommodations to effectively participate in this meeting are asked to contact the City Clerk at (727)562-4092 or rosemarie.call@myclearwater.com in advance. 1. Call to Order 2. Approval of Minutes 2.1 Approve the minutes of the September 14, 2020 CRA Meeting as submitted in written summation by the City Clerk. 3. Citizens to be Heard Regarding Items Not on the Agenda Page 2 City of Clearwater Printed on 10/7/2020 October 12, 2020Community Redevelopment Agency Meeting Agenda 4. New Business Items 4.1 Approve a Community Redevelopment Agency contribution of $305,000 to be set aside as a commitment for the Minimum Local Government Areas of Opportunity Funding that is required for Blue Pierce, LLC, as Successor-in-Interest to Blue Sky Communities, LLC, (Blue Sky) to receive a basis boost in the State of Florida’s Low Income Housing Tax Credit Program (LIHTC) for an 81-unit affordable housing development project at 610 Franklin Street; approve the First Amendment to Agreement for Development and Purchase and Sale of Property (Amendment) between the Community Redevelopment Agency, the City of Clearwater and Blue Pierce, LLC (Blue Pierce); and authorize the appropriate officials to execute same 4.2 Authorize the CRA Executive Director to prepare an agreement for the development and sale of the property at 306 South Washington Avenue for the purposes identified in RFP 53-20. 5. Director's Report 6. Adjourn Page 3 City of Clearwater Printed on 10/7/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8030 Agenda Date: 10/12/2020 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: Community Redevelopment Agency Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Approve the minutes of the September 14, 2020 CRA 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 10/7/2020 Community Redevelopment Agency Meeting Minutes September 14, 2020 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Monday, September 14, 2020 9:00 AM Main Library - Council Chambers Community Redevelopment Agency Draft Community Redevelopment Agency Meeting Minutes September 14, 2020 Page 2 City of Clearwater To ensure public safety and comply with the Governor's Safer at Home order in response to the COVID-19 virus, the Clearwater City Council will hold a public meeting on Monday, September 14, 2020 at 9:00 a.m. using communications media technology. Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. Roll Call Present 5 - Chair Frank Hibbard, Trustee David Allbritton, Trustee Hoyt Hamilton, Trustee Kathleen Beckman, and Trustee Mark Bunker Also Present – William B. Horne II – City Manager, Micah Maxwell – Assistant City Manager, Michael Delk - Assistant City Manager, Pamela K. Akin – City Attorney, Rosemarie Call – City Clerk and Amanda Thompson – CRA Executive Director To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Chair Hibbard The meeting was called to order at 9:00 a.m. via communications media technology. 2. Approval of Minutes 2.1 Approve the minutes of the July 13, 2020 CRA Meeting as submitted in written summation by the City Clerk. Trustee Hamilton moved to approve the minutes of the July 13, 2020 CRA Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 3. Citizens to be Heard Regarding Items Not on the Agenda Kathy Flaherty submitted an eComment regarding the CRA's Draft Community Redevelopment Agency Meeting Minutes September 14, 2020 Page 3 City of Clearwater purchasing policies that was read into the record by the City Clerk (see page 12). 4. New Business Items 4.1 Review the Community Redevelopment Agency (CRA) draft strategy that outlines the CRA’s work program from October 2020 through December 2022. The purpose of this item is to present the proposed October 2020 - December 2022 Community Redevelopment Agency (CRA) implementation strategy for discussion and feedback from the CRA Trustees. Revitalizing a downtown is a long term, complex process at the intersection of community engagement, economic development and urban planning. The CRA relies on partnerships, both city departments and external organizations, to bring the adopted vision for downtown to life. Commitment to a work program and funding priorities allows staff to successfully plan for multi-year projects and communicate potential CRA investments to its partners. In May 2018, the CRA Trustees adopted a new Clearwater Downtown Redevelopment Plan which outlined a vision and goals to increase the attractiveness of downtown as a place to live, work and play. The 2018 redevelopment plan also established an operational framework and capital improvements budget for the next 5-10 years. On October 29, 2018, the CRA trustees adopted a more detailed 18-month implementation strategy to guide the short-term work of CRA staff and investments. The strategy had one main outcome, “to shift the perceptions held by the public and investors about city government and downtown Clearwater to one that aligns with the 2018 adopted vision.” This strategy had four objectives; each objective contained a variety of tasks: - Creating and sharing authentic, positive stories about Downtown Clearwater - Beginning construction on Imagine Clearwater - Permitting 600 housing units - Attracting $100 million dollars of private investment The CRA was able to achieve significant progress in each area, including a shift in operations to prioritize marketing, beautifying public spaces and providing new signature events. RFPs were issued for three CRA owned sites and seven food and drink grants were awarded. The CRA hosted the “Dreams of Dali” virtual reality exhibition for six months attracting over 4,600 visitors to downtown and winning an “Best of Bay” award. The 15% design was completed for Imagine Clearwater as well as the Harborview Center was demolished. However, during this time very few housing units were constructed and there was little private investment. This was primarily due to the lack of investor confidence in downtown’s ability to attract customers/residents, the difficulty of Draft Community Redevelopment Agency Meeting Minutes September 14, 2020 Page 4 City of Clearwater obtaining financing to construct multi-story housing and the CRA’s limited network of potential investors. This year has brought significant changes for the CRA including new trustees, the COVID-19 pandemic, a shift in the design of Imagine Clearwater to emphasize the live performance venue and a new funding source through Pinellas County for workforce housing. Downtown businesses and City/CRA staff have responded to these challenges with creativity through the temporary closure of the 400-500 blocks of Cleveland Street and the restaurant voucher program among other initiatives. Over the next two years, there will be significant construction of public improvements throughout the CRA with Streetscape Phase III/Mercado in the Downtown Gateway and the waterfront redevelopment in the Downtown Core which will impact the accessibility and visibility of current businesses. There could be a referendum on the sale/lease of the bluff properties and the establishment of a conservancy which will need the support of Clearwater voters and donors to be successful. There will be increased county funding for workforce housing developments as well as the continuance of the Opportunity Zone federal tax benefits which could stimulate multi-family housing construction. Physical distancing impacts from COVID-19 will be in place through Spring 2021 limiting in person special events continuing the need to create new ways of gathering. Anticipating the impact of these factors is an essential part of our planning for the next two years. It is vital that the CRA keep downtown at the forefront of our residents’ and visitors’ minds to sustain current businesses and build up patrons for future ones. The outcome of the proposed strategy is the same at the 2018 strategy - to change the perception held by the public and investors about downtown to one that is positive and encourages investment. All the proposed CRA programs, capital improvement projects and activities are designed to change the perception of downtown to show it is welcoming, arts infused, vibrant, diverse and sustained by partnerships. The work will be contained in three focus areas: 1. Creating and sharing positive, authentic stories about downtown Clearwater 2. Increasing investor confidence 3. Investing in placemaking and placekeeping The plan lists the proposed activities for each focus area as well as how we will measure our success. Highlights include new business assistance grant programs, identifying “Downtown Champions” to bring their ideas to life in downtown, the redevelopment of CRA owned properties with housing, public art projects and increased marketing efforts to target developers. Staff has created momentum over the past two years and are poised to continue the ongoing transformation of downtown. Staff looks forward to the Trustees’ feedback and guidance on this approach. Staff anticipates bringing a final strategy for adoption in October 2020. Draft Community Redevelopment Agency Meeting Minutes September 14, 2020 Page 5 City of Clearwater APPROPRIATION CODE AND AMOUNT: CRA expenditures are identified and approved as part of the annual budgeting process. CRA Executive Director Amanda Thompson provided a PowerPoint presentation. In response to questions, Ms. Thompson said the perception of downtown has been changing slowly but steadily; interest has increased from real estate developers and restaurant businesses in the CRA are more stabilized. A statistically significant survey of Clearwater residents and surrounding municipalities regarding their perceptions of downtown has not been conducted. The community survey that is conducted every other year included a question on Downtown that asked what residents would like to see. Ms. Thompson said staff believes the survey should be divided into two audiences - investors and visitors. She said several small focus groups have been held for real estate brokers. Staff is creating a slide deck that will include CRA demographics, economic development information and property information with desired establishment that will be used for an advertising campaign targeting investors and investment firms. The advertising campaign will be conducted November through February. Staff will approach property owners regarding including their information in the slide deck. Ms. Thompson said the purpose of the CRA is to restore function of a private market and will only be in existence for 13 years. The CRA is looking to sell properties but not opposed to leases; there are three available properties. In response to a suggestion, the City Attorney said staff can provide the Trustees at the next meeting a memo analyzing legal limitations associated with incentivizing or penalizing property owners with vacant storefronts. The memo will also include the constitutional issues associated with not-for-profit owned properties. In response to questions, Ms. Thompson said in some cases the vacant property owner does not have the funds needed to invest for improvements and the CRA cannot fund the build-out of every space. The knowledge of a property owner's financial standing is limited to what the owner shares with staff. Draft Community Redevelopment Agency Meeting Minutes September 14, 2020 Page 6 City of Clearwater One individual submitted an eComment in opposition that was read into the record by the City Clerk (see page 13). In response to the public comment, the City Manager said the statement attributed to him was incorrect. There was consensus for staff to move forward with the presented work program and to consider conducting a scientific survey of the downtown, with a radius greater than Clearwater, on the perception of Downtown and what keeps individuals away. 4.2 Approve the Fiscal Year 2020-2021 Community Redevelopment Agency Preliminary Budget, adopt CRA Resolution 20-02 and authorize the appropriate officials to execute same. The purpose of this item is to adopt the Fiscal Year (FY) 2020-2021 Community Redevelopment Agency budget. The proposed budget provides funding to implement the 2018 Clearwater Downtown Redevelopment Plan. CRA programs are focused on creating and sharing positive stories about downtown, increasing investor confidence and placemaking. CRA projects include the redevelopment of CRA owned sites into mixed income apartments, business retention programs, the beautification of public space through park and streetscape improvements and increasing the capacity of downtown organizations to lead redevelopment efforts. The highlights of the Fiscal Year (FY) 2020-2021 preliminary budget are as follows: Tax Increment Revenue increased by 15% over the Amended 2019-2020 budget, reflecting an increase in taxable value of approximately 9% in the original CRA area, and an increase in taxable value of approximately 14% in the expanded (Downtown Gateway) CRA. These compare with citywide 6% increase in value. CRA funds are divided between Operating Expenditures and Project Funds. Operating Expenditures include the services, supplies and expenses that occur during the fiscal year and are primarily used for conducting the CRA’s day to day operations as well as consulting services that will begin and end within the fiscal year. Project Funds include Interlocal Agreements, Capital Improvements and funding for established programs whose work extends beyond one fiscal year. Project Funds carry over from year to year. This year’s budget incorporates the newly established project funds that distinguish between City and County TIF dollars. Operating Expenditures have decreased by $114,565 from FY 19/20 to FY 20/21. This majority of this decrease is from the cancellation of the Blast Friday event series ($100,000). Operating Expenditures also includes the pass-through revenues, $340,088, to the Downtown Development Board Draft Community Redevelopment Agency Meeting Minutes September 14, 2020 Page 7 City of Clearwater (DDB). Transfers Out designates the funding this fiscal year that will be allocated to various Project Funds. County TIF Funds, $2,079,624 for this fiscal year, are restricted to capital improvement projects, housing and land acquisition. The County TIF funds have been allocated to Economic Development ($500,000), Housing ($1,000,000), Transportation ($79,624) and Infrastructure ($500,000). The costs for Interlocal agreements with the City and Police Department are found in the General Fund and Community Policing lines for a total of $720,000. The remaining City TIF revenue has been allocated to Community Engagement ($236,564), Infrastructure ($250,000), and Housing ($1,000,000). In response to questions, CRA Executive Director Amanda Thompson said funds used to mediate blight have been used to support the Community Garden, to improve the façade at Philly Joe's, and to fund 2 officers for Community Policing throughout the CRA district. Funds designated for travel are for the 4 CRA employees to attend training events that are also used as an opportunity to network with investors. An individual submitted an eComment requesting consideration to mediate blight prior to spending funds on marketing and art. The City Clerk read the comment into the record (see page 15). In response to questions, Ms. Thompson said the advertising budget decreased because a majority of the funds were shifted to the community engagement line item. The last façade grant was awarded to 808/803 Court Street in May/June for Edible Arrangements and Simulated Center. The JB Executive Center and the Verizon Frontier building are planned for capital improvements this year. She said the Planning and Engineering departments are leading the transportation improvements, which include upgrades to the Pinellas Trail; the CRA will fund the design and some of the enhanced lighting or landscaping. The significant jump in revenue was associated with the Nolan coming online. Trustee Hamilton moved to approve the Fiscal Year 2020-2021 Community Redevelopment Agency Preliminary Budget. The motion was duly seconded and carried unanimously. CRA Resolution 20-02 was presented and read by title only. Trustee Hamilton moved to adopt CRA Resolution 20-02. The motion was duly seconded and upon roll call, the vote was: Draft Community Redevelopment Agency Meeting Minutes September 14, 2020 Page 8 City of Clearwater Ayes: 5 - Chair Hibbard, Trustee Allbritton, Trustee Hamilton, Trustee Beckman and Trustee Bunker 4.3 Approve an Interlocal Agreement between the City of Clearwater and the Community Redevelopment Agency (CRA) to provide staffing and administrative services for the CRA, provided for the reimbursement of certain expense by the CRA to the City, and authorize the appropriate officials to execute same. As per Section 163.387, Florida Statues allow that money in the redevelopment trust fund may be expended from time to time for undertakings of the Community Redevelopment Agency, include providing for staff, as describing in the community redevelopment plan and the Clearwater Downtown Redevelopment Plan established that funds received by the CRA through the use of Tax Increment Funding (TIF) may be for certain redevelopment activities. The CRA agrees to provide TIF funding in a total amount not to exceed $500,000 for this contract year. This amount includes $451,841 for staffing and $48,159 for other administrative services. These amounts are subject to adjustment and approval in the CRA budget each year. Trustee Hamilton moved to approve an Interlocal Agreement between the City of Clearwater and the Community Redevelopment Agency (CRA) to provide staffing and administrative services for the CRA, provided for the reimbursement of certain expense by the CRA to the City, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 4.4 Approve an Interlocal Agreement between the Clearwater Community Redevelopment Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year 2020-2021 in the amount of $250,268.12 to underwrite the cost of additional Community Policing services by the Clearwater Police Department in the Downtown Gateway District, Prospect Lake District, and the Downtown Core District, encompassed by the CRA to address quality of life issues, drug dealing, prostitution, and homelessness and authorize the appropriate officials execute same. Quality of life issues, drug dealing, prostitution, and homelessness, all negatively impact the re-development plans. Additional community policing resources are needed to effectively address these issues above and beyond the level provided by routine road patrol functions. An allowable funding source of this active item is the use of CRA Tax Increment Draft Community Redevelopment Agency Meeting Minutes September 14, 2020 Page 9 City of Clearwater Financing (TIF) funds. Florida Statutes allows for the use of TIF funds for “community policing innovations” in the Community Redevelopment Areas. For the first time, the CRA is providing an additional $40,000 to work with the police department to develop a community policing co-responder program. The program will assist police offers with connecting persons encountered in the CRA area with services needed to address homelessness, mental health, drug addiction and physical support services. The CRA and Clearwater Police Department have reached an agreement on a proposed scope of services and terms as delineated in the Interlocal Agreement. Included in the scope is the delineation of specific, measurable crime reduction targets by which to monitor the success of the initiative as well as providing clear language required by statute assuring that the resources are applied to the CRA/Downtown Gateway area. APPROPRIATION CODE AND AMOUNT: Funding for this Interlocal Agreement will be from CRA Project Code R2001 Community Policing. An individual submitted an eComment in support that was read into the record by the City Clerk (see page 16). Trustee Hamilton moved to approve an Interlocal Agreement between the Clearwater Community Redevelopment Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year 2020-2021 in the amount of $250,268.12 to underwrite the cost of additional Community Policing services by the Clearwater Police Department in the Downtown Gateway District, Prospect Lake District, and the Downtown Core District, encompassed by the CRA to address quality of life issues, drug dealing, prostitution, and homelessness and authorize the appropriate officials execute same. The motion was duly seconded and carried unanimously. 4.5 Approve the Interlocal Agreement with the Downtown Development Board (DDB) to provide personnel, administrative and management services during Fiscal Year 2020-2021 in the amount of $76,084.92 and refund the CRA tax increment fee of $340,088.01 and authorize the appropriate officials to execute same. Florida Statutes 163.387 requires all taxing authorities, which includes the DDB, to make an annual appropriation in an amount equal to the incremental increase in the ad valorem revenue within the CRA area. The DDB’s increment payment is $340,088.01 according to the Pinellas County Property Appraiser’s office. In a spirit of cooperation to further the downtown redevelopment plan, the CRA Trustees executed the first Interlocal Agreement in Fiscal Year 1999-2000 to Draft Community Redevelopment Agency Meeting Minutes September 14, 2020 Page 10 City of Clearwater provide personnel, administrative and management services to the DDB and to refund the difference between the increment payment and the management fee. This is the twenty first fiscal year that the CRA would enter into the agreement. Pursuant to Florida Statute 163.01, the CRA and DDB can enter into this agreement in which the DDB agrees to perform certain responsibilities and functions including funding projects and programs consistent with the downtown redevelopment plan. The intent of this agreement is for the DDB and the CRA to work collaboratively on projects and programs that further downtown goals and objectives. The management of the DDB by CRA staff enables the CRA and the DDB to utilize the public dollars more efficiently. The DDB shall pay the CRA $76,084.92 for the services agreed to in the Interlocal Agreement. The DDB approved the Interlocal Agreement at their meeting on August 27, 2020. An individual submitted an eComment in opposition that was read into the record by the City Clerk (see page 17). In response to a concern, the City Attorney said the City is following the law; the funds being returned to the DDB are an increment of their millage. She said the geographic area of the DDB is smaller than the overall CRA. Trustee Hamilton moved to approve the Interlocal Agreement with the Downtown Development Board (DDB) to provide personnel, administrative and management services during Fiscal Year 2020-2021 in the amount of $76,084.92 and refund the CRA tax increment fee of $340,088.01 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 5. Director's Report CRA Executive Director Amanda Thompson said staff is receiving quotes for the Holiday Extravaganza for different installations. The ice rink is estimated to cost $130,000 and not environmentally sustainable. She said staff is focusing on different light installations and working with Jazz Holiday on potential outdoor performances on a CRA property that is smaller. The DDB election ballots are being mailed today and due by October 13, 2020. She said there were 190 applicants for the mural program; staff has been connecting the muralist with property owners throughout the city for potential mural opportunity. Ms. Thompson Draft Community Redevelopment Agency Meeting Minutes September 14, 2020 Page 11 City of Clearwater presented a proposal for the Cleveland Street Median Lighting Project from the Moment Factory. In response to a question, Ms. Thompson said the CRA would purchase the lighting, which will be considered an enhancement to the streetscaping. Staff is meeting with the building owner to discuss the projection. The tree canopies along Cleveland Street are too small for image projections. The lighting can be designed to have it project an image if no one is using the interactive component. Staff was directed to provide a list of the cities where the lighting projections have been used. Ms. Thompson requested direction if the Trustees wish to schedule their meetings at a different time. Staff has been trying to limit the worksession/CRA meetings to 3 hours but that is not always possible. There was consensus to keep the CRA meetings at the same time. One individual questioned who can vote in the Downtown Development Board election. Ms. Thompson said individuals who own property in the downtown may vote; one designated vote per property is permitted. Individuals who work, live or own property in the downtown may sit on the Board. 6. Adjourn The meeting adjourned at 10:37 a.m. Chair Community Redevelopment Agency Attest City Clerk Draft 12 13 14 15 16 17 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8289 Agenda Date: 10/12/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve a Community Redevelopment Agency contribution of $305,000 to be set aside as a commitment for the Minimum Local Government Areas of Opportunity Funding that is required for Blue Pierce, LLC, as Successor-in-Interest to Blue Sky Communities, LLC, (Blue Sky) to receive a basis boost in the State of Florida’s Low Income Housing Tax Credit Program (LIHTC) for an 81-unit affordable housing development project at 610 Franklin Street; approve the First Amendment to Agreement for Development and Purchase and Sale of Property (Amendment) between the Community Redevelopment Agency, the City of Clearwater and Blue Pierce, LLC (Blue Pierce); and authorize the appropriate officials to execute same SUMMARY: The purpose of this item is to request that the CRA Trustees amend the current development agreement with the City of Clearwater and Blue Pierce, LLC to reduce the required local government contribution from $747,000 to $610,000. Amending the agreement requires the approval of both the City and the CRA. The City Council will consider this item on October 1, 2020. The Community Redevelopment Agency (CRA) issued RFP 09-19 on August 17, 2019 to redevelop the former Fire Station 45 site at 610 Franklin Street as a housing tax credit project. The 2018 Downtown Redevelopment Plan calls for a variety of housing to support a range of incomes including market rate, workforce and low- to moderate-income rental units to meet the unmet housing demand for a diverse workforce in the Downtown Core, employees in the medical field at Morton Plant and the hospitality industry on Clearwater Beach. The RFP invited qualified applicants with previous experience and financial resources to develop a minimum of eighty residential units under the Florida Housing Finance Corporation’s Low-Income Housing Tax Credit program. Staff reviewed three qualified proposals and recommended Blue Sky Communities as the winning proposal on September 18, 2019. Blue Sky Communities proposes to construct a 9-story, 81-unit housing development with a two-story, 81-space parking garage and ground floor commercial space. The unit mix is 30 1-bedroom, 47 two-bedroom and 4 three-bedroom units. This is a mixed income project with 16% of the units at 30% AMI, 69% of the units at 60% AMI and 15% of the units at 80% AMI. The developer anticipates future residents having $216,000 in new disposable income after moving into this project. The total development costs are approximately $22,000,000. This includes a purchase price of $2,000,000 from the CRA and a loan from City/CRA of $747,000 at interest rate of 4%. Page 1 City of Clearwater Printed on 10/7/2020 File Number: ID#20-8289 After entering into the Agreement for Development and Purchase and Sale of Property (Agreement), Blue Sky submitted an application to the FHFC under RFA114. Blue Sky’s application to FHFC was unsuccessful; however, the Agreement contained an option for an extension of one additional year for Blue Sky to re-apply in a future RFA, which was exercised in accordance with the terms of the Agreement. The Amendment provides updated information regarding FHFC’s 2020 Application cycle. Following approval of this item, Blue Sky will submit an application in response to FHFC’s Request for Applications 2020-202 (RFA202). The minimum Local Government Area of Opportunity Funding amount has been reduced by the State from $747,000 in 2019 to $610,000 for this year’s RFA. The CRA’s portion of this new match is $305,000. If more than one firm submits an acceptable application for a project located in Pinellas County with local government support of $610,000, then FHFC’s selection becomes akin to a lottery pick; only one project will be awarded tax credits. Applications for RFA202 are due on October 20, 2020 and FHFC’s selection is expected in March 2020. If Blue Sky is not successful in this round, the agreement will expire, and the property will be available for new redevelopment proposals. Approval of the amendment and contribution is recommended. APPROPRIATION CODE AND AMOUNT: There is funding available in the Housing-County R2010 project fund. Page 2 City of Clearwater Printed on 10/7/2020 22 26 700705525614700634524614319 101 613123 204 626528640518644701PARK ST S EAST AVEPIERCE ST FRANKLIN ST S GARDEN AVE S GARDEN AVE 20 24 28 703610316 612207 300 312 530308 516600AERIAL MAP 610 Franklin St.Parcel Number: 15-29-15-54450-007-0010 Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\610 Franklin St.mxd Lot Size:+/- 1.09 ac. ² N.T.S.Scale: Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1Aerial Flown 2019 Date:9/5/2019WDMap Gen By:286BGrid #:RBReviewed By:16-29s-15eS-T-R: FIRST AMENDMENT TO AGREEMENT FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTY THIS FIRST AMENDMENT TO AGREEMENT FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTY (this “Amendment”) is made and entered into as of this ___ day of October 2020, by and between the CITY OF CLEARWATER, a municipal corporation (“the City”); COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida created pursuant to Part III, Chapter 163, Florida Statutes (“Agency”); and BLUE PIERCE, LLC, a Florida limited liability company (“Developer”). W I T N E S S E T H: WHEREAS, Agency and Blue Sky Communities, LLC entered into that certain Agreement for Development and Purchase and Sale of Property dated effective October 30, 2019 (the “Contract”); and WHEREAS, Blue Sky Communities, LLC assigned the Contract to Developer; and WHEREAS, Agency and Developer desire to enter into this Amendment to allow Developer to apply for tax credits in the upcoming FHFC RFA 2020-202. NOW THEREFORE, for and in consideration of the mutual covenants and agreements of the parties, and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged and agreed by each of the parties, Agency and Developer do hereby covenant and agree as follows: 1. Agency and Developer do hereby mutually represent and warrant that the foregoing recitals are true and correct, and said recitals are hereby ratified, confirmed, and incorporated into the body of this Amendment. 2. Any capitalized terms utilized in this Amendment and which are not separately defined herein shall have the meaning ascribed thereto in the Contract. 3. Section 15.18 is hereby amended as follows: Local Government Support. The Agency recognizes that Request for Applications 2020-202 issued by the Florida Housing Finance Corporation (the “RFA”) requires the Developer to show “local government support.” This support will come in the form of a $610,000.00 loan to the Developer from the City in a manner that shall qualify for the Local Government Area of Opportunity Funding under the RFA including without limitation the timely approval of the Loan and the execution and delivery of the requisite Local Government Verification of Contribution- Loan form under the RFA. The Agency agrees to contribute half of that loan amount to the City upon terms and conditions to be negotiated between the City and the Agency. 4. Except as amended and modified hereby, all of the terms and conditions of the Contract are and shall remain in full force and effect. The Contract, as modified by this Amendment, is affirmed and ratified in all respects. 5. This Amendment may be executed in multiple counterparts, each of which shall be deemed an original but all of which, together, shall constitute one instrument. For the purposes of this Amendment, an executed facsimile or electronically delivered counterpart copy of this Amendment shall be deemed an original for all purposes. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first set forth above: AGENCY COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: __________________________ Frank V. Hibbard Chairperson Approved as to form: Attest: ________________________ ______________________________ Michael P. Fuino Rosemarie Call Attorney for City Clerk Community Redevelopment Agency CITY THE CITY OF CLEARWATER, a municipal corporation By: __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ________________________ ______________________________ Pamela Akin Rosemarie Call City Attorney City Clerk DEVELOPER: Blue Pierce, LLC, a Florida limited liability company By: Blue Pierce M, LLC, its manager By: _______________________ Shawn Wilson, Manager Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8290 Agenda Date: 10/12/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Authorize the CRA Executive Director to prepare an agreement for the development and sale of the property at 306 South Washington Avenue for the purposes identified in RFP 53-20. SUMMARY: The purpose of this item is to select SP Clearwater WFH LLC as the winning respondent for RFP 53-20 and to authorize the CRA Executive Director to prepare an agreement for the sale, development and grant funding for the project. The Community Redevelopment Agency issued an RFP for the redevelopment of its site at 306 South Washington on August 17, 2020. The request called for a mixed-use or apartment development with a focus on workforce and market rate housing, the opportunity for shared parking to serve surrounding restaurant/retail businesses, construction to begin in 2021 and ample outdoor amenity space. There is currently a lack of rental supply for employees in the technology industry downtown, at Morton Plant Hospital and on Clearwater Beach who earn 80% or higher of the area median income. Building shared parking on the South Washington site is key to preserving existing greenspace on the CRA owned site across the street on Pierce Street as well as supporting commercial uses on the ground floors of APEX 1100 and The Nolan apartment. The CRA received responses from the Housing Trust Group, LLC and SP Clearwater WFH LLC. The review committee read the proposals and listened to presentations from each respondent. The projects were ranked on Developers Experience and Qualifications, Legal and Financial Feasibility, Ability to Meet Redevelopment Objectives, and Proposed Timeline for Construction. The committee ranked SP Clearwater WFH LLC as the first choice and recommended moving forward with requesting authorization to negotiate. While both applicants have significant experience with affordable housing and presented attractive architectural proposals, SP Clearwater WFH scored higher for the following reasons: -More detailed proposal including construction cost estimates and ability to begin construction in 2021 -Ability to source local financing, not dependent on the state 9% and 4% tax credit program -The provision of workforce rental housing above 80% AMI -Long term affordability through a partnership with the Pinellas County Land Trust -Significant research into the market and financial feasibility of the project SP Clearwater WFH is proposing to construct a 171-unit mixed income apartment development, a 275-space parking garage with tenant amenities including a pool, dog walking area, two playgrounds, exercise room and community room. There is a mixture of 1-bedroom (725sf) units and 2 bedroom (925sf) units. There will be 18 affordable units at 80% of AMI, 49 units at 100% of AMI and 104 affordable units at 120% of AMI. The building will include high efficiency HVAC, Energy Star rated windows, low flow toilets and sound deadening construction. The parking area will include a dedicated Uber/Lyft area to support car sharing services as well as ample bicycle parking. The current proposal calls for 40 public parking spaces, however the CRA will negotiate to increase this number and the developer has indicated they are amenable to that. There are two aspects to this proposal that provide long term housing affordability. First, the developer proposes that the CRA sell the land to the Pinellas County Land Trust who will own the underlying land in perpetuity. The land trust will then provide a 99-year lease to the developer. Second, the rental rates are set by the AMI established by Pinellas County and cannot increase more than 1.02% per year. Typically, Page 1 City of Clearwater Printed on 10/7/2020 File Number: ID#20-8290 market rate rental amounts increase more than 1% per year. SP Clearwater WFH has presented an in-depth proposal. They have conducted environmental studies on the site, a market analysis to show the proposed rental rates are achievable for this project and obtained preliminary approval for construction financing from Neighborhood Lending Partners. They have already received a construction cost estimate from Wichman Construction to provide an accurate overall project budget. The overall project cost is $38,436,995. The table below shows the sources of funds and how they will be used. In addition to being selected as the developer, the applicant is requesting the following actions from the CRA: -Sell the site to the Pinellas County Land Trust for $3,420,000 and reinvest those funds into the project -Provide an $800,000 grant towards the project in exchange for public parking -Support an application before the Community Development Board to receive 3 housing units from the density pool The applicant is requesting the following funding from the City: -$880,000 HOME loan The applicant is requesting the following funding from Pinellas County entities: -$3,420,000 for the purchase of the CRA land -$2,200,000 from Penny IV Economic Development Grant funds for the construction of workforce housing This project is contingent upon support from all three parties listed above. The applicant anticipates receiving a decision on the County funding within the next three months. In order to qualify for the County funds, the applicant must show a good faith partnership with the CRA. The proposed project meets the goals outlined in RFP 53-20 that are derived from the 2018 Clearwater Downtown Redevelopment plan. This is a catalyst project for this area that would provide new residents to downtown and parking to support nearby businesses on Cleveland Street. Staff recommends selecting SP Clearwater WFH LLC as the winning respondent for RFP 53-20 and authorizing the CRA Executive Director to prepare an agreement for the sale, development and incentive funding for the project. APPROPRIATION CODE AND AMOUNT: There is funding available in CRA project fund Housing - City R2009. Page 2 City of Clearwater Printed on 10/7/2020 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 11.2018 REQUEST FOR PROPOSALS and QUALIFICATIONS #53-20 Development of the South Washington Ave Site August 17, 2020 NOTICE IS HEREBY GIVEN that sealed proposals and qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, September 15, 2020 for the Development of the South Washington Avenue Site. Brief Description: The purpose of this Request for Proposals and Qualifications (RFP/Q) is to select a qualified Development Team (Developer) with proven experience, financial resources, and professional expertise to develop a prime 3.48+/- acre site located on South Washington Avenue in Downtown Clearwater’s Prospect Lake Character District. The Community Redevelopment Agency (CRA) of the City of Clearwater, Florida invites qualified applicants to submit proposals and qualifications for an apartment or mixed-use urban infill development with a predominant residential component for the Site. Proposals must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division 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/business/rfp 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 Procurement contact below: This Request for Proposals is issued by: Lori Vogel, CPPB Procurement Manager Lori.vogel@myclearwater.com INSTRUCTIONS Development of S Washington Ave Site 2 RFP/Q #53-20 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 contact listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) 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 no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their proposal. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: September 15, 2020 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 the Procurement Division. i.5 PROPOSAL FIRM TIME: 120 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 conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if INSTRUCTIONS Development of S Washington Ave Site 3 RFP/Q #53-20 any, will be returned to Contractor upon the expiration or termination of the contract. i.7 PROPOSAL SUBMITTAL: It is recommended that proposals are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Companies may mail or hand-deliver proposals to the address below. Use label at the end of this solicitation package. E-mail or fax submissions will not be accepted. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 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’s Procurement Office as the official time. i.9 LOBBYING. The integrity of the procurement process is critical. Communication regarding this solicitation for purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is strongly discouraged. This does not prohibit public comment at any City Council meeting, study session or Council committee meeting. This 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. 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 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 INSTRUCTIONS Development of S Washington Ave Site 4 RFP/Q #53-20 price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a 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. INSTRUCTIONS Development of S Washington Ave Site 5 RFP/Q #53-20 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 Procurement 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 the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Development of S Washington Ave Site 6 RFP/Q #53-20 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/Q, the criteria that will be evaluated and their relative weights are: Evaluation Criteria (Proposal Format, page 22-23) Points Developer Experience and Qualifications (Tab 2) 30 Legal and Financial Feasibility - Developer and Project (Tab 3) 30 Ability of Project to Meet Redevelopment Objectives (Tab 4) 30 Proposed Timeline for Construction (Tab 5) 10 i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored proposals based on evaluation against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted firms. i.25 PRESENTATIONS/INTERVIEWS. Presentations and/or interviews may be requested at the City’s discretion. The proposer must provide a formal presentation/interview virtual 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 INSTRUCTIONS – EVALUATION Development of S Washington Ave Site 7 RFP/Q #53-20 expect that the City will ask for best & finals and should submit their best offer based on the terms and conditions set forth in this solicitation. i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant RFP information and notices. i.30 RFP/Q TIMELINE. Dates are tentative and subject to change. Release RFP/Q: August 17, 2020 Advertise Tampa Bay Times: August 19, 2020 Responses due: September 15, 2020 Review proposals: September 15-17, 2020 Presentations (if requested): September 18, 2020 Award recommendation: September, 2020 CRA Trustees approval: October 12, 2020 Contract begins: Based on CRA Trustee Authorization TERMS AND CONDITIONS Development of S Washington Ave Site 8 RFP/Q #53-20 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 Development of S Washington Ave Site 9 RFP/Q #53-20 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 Development of S Washington Ave Site 10 RFP/Q #53-20 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/Q, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP/Q 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/Q and provides notice of its intent to reissue the RFP/Q, 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/Q or until the City withdraws the reissued RFP/Q. 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 recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP/Q and provides notice of its intent to reissue the RFP/Q, 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/Q or until the City withdraws the reissued RFP/Q. 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, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. 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 Development of S Washington Ave Site 11 RFP/Q #53-20 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current TERMS AND CONDITIONS Development of S Washington Ave Site 12 RFP/Q #53-20 background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. TERMS AND CONDITIONS Development of S Washington Ave Site 13 RFP/Q #53-20 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or TERMS AND CONDITIONS Development of S Washington Ave Site 14 RFP/Q #53-20 services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final 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 TERMS AND CONDITIONS Development of S Washington Ave Site 15 RFP/Q #53-20 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 Procurement Division and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Procurement Division for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement 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. 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 TERMS AND CONDITIONS Development of S Washington Ave Site 16 RFP/Q #53-20 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 Development of S Washington Ave Site 17 RFP/Q #53-20 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 116,585 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach has been rated #1 U.S. Beach by TripAdvisor, “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, as well as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. PURPOSE. The purpose of this Request for Proposals/Qualifications (RFP/Q) is to select a qualified Development Team (Developer) to develop a prime 3.48+/- acre site located on the S. Washington Avenue Site in Downtown Clearwater’s Prospect Lake Character District. The Community Redevelopment Agency (CRA) of the City of Clearwater, Florida invites qualified applicants to submit proposals and qualifications for an apartment or mixed-use urban infill development with a predominant residential component for the Site. The CRA redevelopment strategy for Downtown Clearwater emphasizes the creation of a significant residential concentration in and around the Downtown Core to create the support for a day-into-evening retail, office, recreational, and entertainment environment. There is a desire to provide market rate and workforce rental units to meet the unmet housing demand for high tech office employees in the Downtown Core, employees in the medical field at Morton Plant Hospital and the hospitality industry on Clearwater Beach. The CRA envisions this parcel as a major opportunity to facilitate this strategy. 3. SITE BACKGROUND, LOCATION, and OWNERSHIP. Clearwater is situated on the west coast of Central Florida in the Tampa Bay area and is the county seat for Pinellas County Government. The Site is conveniently located near the City’s Downtown Core and minutes away from the world- renowned Clearwater Beach. Site pictures provided in Exhibit A – Photos. The City targeted this prime development site, a former Clearwater Salvage Yard, for redevelopment in October 2003. The Site was acquired through a property exchange between the City of Clearwater and Clearwater Mall LLC. The CRA acquired a loan and purchased one (1) adjacent property, 306 S Washington Avenue, to consolidate the block as a potential redevelopment site. The goal was to create momentum for residential development in the downtown. The City completed the environmental remediation of the site in 2009. Phase I and Phase II were conducted and completed in 2003 and 2004. Phase III was conducted in 2005 and contamination was found as a result from discharges that consisted of volatile organic compounds, total recoverable petroleum hydrocarbons, and metals in the soils. No groundwater contamination was encountered during site assessment activities. In September 2005, a Brownfields Site Rehabilitation Agreement was executed by the Florida Department of Environmental Protection (FDEP) and the Clearwater City Council to address the contamination. Demolition was conducted in March 2006 and buildings on the Site were removed and further environmental testing was conducted. In July 2009, the FDEP delivered a Site Rehabilitation Completion Order (SRCO) which stated the site had been cleared of contaminants completing the site rehabilitation requirements. The SRCO was issued 11 years ago and the City has no records of any petitions for an Administrative Hearing, nor a record of any party seeking judicial review. The Site is now ready for development. There have been several developments in this character district: • The construction of Fire Station 45 on Court Street DETAILED SPECIFICATIONS Development of S Washington Ave Site 18 RFP/Q #53-20 • The construction of the Marriott Residence Inn on Court Street • The construction of the Tampa Bay Times office building on Cleveland Street • The construction of the regional drainage facility and passive park, Prospect Lake Park • The completion of The Nolen – a mixed use development with 257 apartment units, 24,000sf of commercial space and 300 parking spaces. The Nolen was acquired by NM Residential in July 2018 for $44.5 million and is over 90% leased. • The renovation of 1100 APEX – a mixed use development with 134 apartment units, 4,348sf of commercial space and 202 parking spaces that opened for occupancy in March 2020. • The CRA acquired a 60+ space surface parking lot at the intersection of Cleveland Street and S Martin Luther King, Jr Avenue to provide parking for retail customers visiting nearby businesses. • The completion of The Madison, an 80-unit age and income restricted development, completed in Fall 2019 at 400 S Martin Luther King, Jr Avenue. In the next 12 months the City and the CRA will undertake the following activities that will benefit the Site: • Continue construction of restaurants on the first floor of The Nolen and APEX 1100 as a part of the CRA’s Food and Drink grant program. • Begin redevelopment of the warehouse located at 115 S. Martin Luther King Jr. Avenue into a dining, retail and recreational establishment. • Begin construction on Imagine Clearwater in Coachman Park – a $55 million-dollar transformation of the Downtown Clearwater waterfront into additional greenspace, marina facilities, playgrounds and entertainment venues. Visit www.imagineclearwater.com for details. Through this RFP/Q, the CRA is seeking to redevelop the entire 3.48+/- acres. The CRA is conducting its diligence and anticipates closing in Fall/Winter 2020. 4. PROJECT SCOPE AND OBJECTIVES. The subject property is located in the Prospect Lake Character District (District) of Downtown Clearwater. The Site has frontage on S. Martin Luther King Jr. Avenue, Gould Street, and S. Washington Avenue. The Downtown Redevelopment Plan (Plan) envisions this District as a residential area with ancillary commercial uses, with more intensive commercial and office development directed to the major streets. The CRA’s redevelopment strategy for Downtown Clearwater emphasizes the creation of a significant residential concentration in and around the Downtown Core to create the support for a day-into-evening retail, office, recreational, and entertainment environment. There is a desire to provide market rate and workforce rental units to meet the unmet housing demand for high tech office employees in the Downtown Core, employees in the medical field at Morton Plant Hospital and the hospitality industry on Clearwater Beach. The CRA envisions the Site as a major opportunity to facilitate this strategy and would like to see construction begin within the next 12 months. The City adopted a new zoning code in 2018. The Site is zoned (D) Downtown. The City has a Flexible Development Code to encourage design, mixed-use and massing creativity on infill projects. The Downtown Plan allows residential density up to 50 dwelling units per acre and a Floor Area Ratio (FAR) of 1.5 for commercial development. The Downtown Redevelopment Plan currently allows heights up to 75 feet. Through the Public Amenities Incentive Pool, a development proposal may attain additional density and/or FAR based on certain amenities provided by the developer, including but not limited to, significant public space, streetscape improvements, on-site public art, the inclusion of affordable DETAILED SPECIFICATIONS Development of S Washington Ave Site 19 RFP/Q #53-20 housing within the development, and mixed-use projects that further the Plan’s major redevelopment goals and character district vision. The amount of development potential made available to the Site project will be based on the type and scale of amenity provided and not a specific formula. The allocation of additional density/intensity is made in conjunction with a site plan application reviewed and approved by the Clearwater Community Development Board at a public hearing. Any proposed project must comply with the Downtown Design Guidelines, which require quality architectural and site design, an urban development pattern and the use of quality materials that enhance the quality of the Downtown Clearwater built environment. Development proposals should reflect the growth in this character district as a walkable, urban environment. The Site has frontage on three (3) streets and the proposal should identify the primary entrance, but still pay careful attention to the relationship between the building and the street on all sides. No specific architectural style is required, however high-quality building materials and access to outdoor amenity space (balconies, rooftop terrace etc.) is highly desired. The CRA prefers structured parking that will be available to the public as part of this project to support retail uses on the adjacent properties. 5. SITE PURCHASE PRICE. Price is to be negotiated, based upon the overall development proposal and the ability of the proposal to fulfill the goals of the 2018 Clearwater Downtown Redevelopment Plan. CRA prefers a purchase of the Site, however, will consider a land lease. Per Florida State Statute 163.380, CRA will consider fair value in its disposition of the Site. The CRA is willing to re- invest the sale proceeds from the land into the proposed project to support CRA goals of public parking, quality architecture and workforce housing. 6. DEVELOPMENT NEGOTIATIONS and INCENTIVES. The selected Developer shall enter into a binding Development Agreement with the CRA, which shall outline the contract start date, bonding and/or insurance requirements, purchase and disposition of the subject Site, the underlying project development design parameters agreed to by the CRA and city, any incentives agreed upon, and the terms and conditions. Due to the importance of this particular downtown infill development Site, it is the intention of the CRA to consider certain development “incentives” to assist in making the project feasible which might include, but not be limited to, the payment of certain impact fees, workforce housing incentives, the cost of construction for parking etc. If the Developer wishes to request incentives, they must outline their request as part of the proposal. Stormwater Retention Buy-in District In cooperation with the Southwest Florida Water Management District (SWFWMD), the Site falls within the boundary of the Prospect Lake District contributing area and is eligible to develop, by permitting, into the buy-in district to obtain storm water facilities on-site. The property does not require storm water facilities on-site as long as the Developer pays into the Prospect Lake District. Any upgrades needed on existing City utilities; potable, sanitary sewer, etc. will be the responsibility of the Developer. Traffic concerns will be dependent on what the Developer wants to place on the Site. Clearwater Gas System Incentive Natural gas is available at this Site and certain incentives may apply, administered by Clearwater Gas System. DETAILED SPECIFICATIONS Development of S Washington Ave Site 20 RFP/Q #53-20 7. QUALIFICATIONS and SELECTION PROCESS. A review team will evaluate all submissions according to the evaluation criteria delineated below and identify Developers that will be invited to submit more detailed proposals, make oral presentations, or both. The review team will rely upon the response to this RFP/Q in selection of finalists and the preferred Developer. Therefore, respondents should emphasize information particularly pertinent to the project and the evaluation criteria and submit all information they wish the screening committee to consider. The review team, made up of representatives from the CRA, Economic Development & Housing, Planning & Development, Engineering, and Finance Departments, will recommend a Preferred Developer to the CRA, who will make the final selection. The recommended Preferred Developer may be required to make a formal presentation to the CRA, if requested, as part of the selection process. The CRA will then enter into exclusive negotiations with the Preferred Developer for a Development Agreement, Purchase Agreement and any other appropriate CRA transactions. The selected Developer will be solely responsible for project design, development application submission and approval, securing required permits, construction of the project and ongoing project maintenance and operation. 8. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. 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. c. 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. d. Employer’s Liability coverage of $100,000 each employee, each accident, and $100,000 each employee/$500,000 policy limit for disease, and which meets all state and federal laws. Coverage must be applicable to employees, agents, representatives, and subcontractors, if any. e. Property Insurance coverage if the Developer is using its own property or the property of the City in connection with the performance of its obligations under this Agreement, then Property Insurance DETAILED SPECIFICATIONS Development of S Washington Ave Site 21 RFP/Q #53-20 on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. f. Builder’s Risk covering all risks of loss in the complete and full value of the project with no coinsurance penalty provisions. This insurance shall insure the interests of the City, the Developer, and all subcontractors, if any, in the work and shall insure against special form causes of loss (all risk perils), including collapse during construction, for replacement cost (including fees and charges of engineers, architects, attorneys and other professionals). The Developer shall obtain and maintain similar property insurance on equipment, materials, supplies and other property and portions of the work stored on or off site or in transit. Builder’s Risk Insurance shall be endorsed to permit occupancy until such time as the facilities are completed and accepted by the City and written notice of the fact has been issued by the City. g. 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. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. 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: Procurement Division, RFP/Q #53-20 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. RESPONSE ELEMENTS Development of S Washington Ave Site 22 RFP/Q #53-20 1. PROPOSAL SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, four (4) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. NOTE: If submitting proposals electronically, copies are not required. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non- responsive to this RFP/Q. Table of Contents: Identify contents by tab and page number TAB 1 – Narrative and Vision Statement – Letter of Transmittal. A letter of transmittal should be submitted that iterates the respondents’ vision for the project and site, including how the envisioned project will relate to the surrounding area and its benefits to the CRA. TAB 2 – Developer Experience and Qualifications. Provide the following information: 1. Developer information a. Legal name and principal office address b. Telephone number and e-mail address(es) c. Name of agent representing firm and able to negotiate with the CRA 2. Project team a. Names and qualifications of all team members, legal counsel, architect, financial institution, contractor (if known) b. A statement of the relationship between the developer and any parent company or subsidiaries that might be involved in the development 3. Experience/Qualifications a. List of prior development experience including a short summary of relevant project(s), to include a listing of total projects/units developed within the last five (5) years TAB 3 – Legal and Financial Feasibility - Developer and Project. Provide the following financial information: 1. Financial institution reference contact(s)’ names and contact information 2. Preliminary financial plan to include: a. Construction Budget detailing total project cost and proposed source(s) of funding b. Demonstration of developer’s financial capacity to develop the Site 3. A brief description of the various land uses being proposed, including price points of proposed lease rates for residential and/or retail/office 4. Any incentives desired to improve project feasibility TAB 4 – Development Concept – Ability to Meet Redevelopment Objectives. Present in both narrative and visual form the extent of the development proposal for the Site. Drawings may be “conceptual” in format but should be detailed enough to reflect the scope of the proposed development. Narrative elements to be addressed include: a. Height b. Scale c. Density and Intensity d. Any request for units/sq. ft. from the Public Amenities Pool e. Square footage of specific land uses f. Proposed architectural style and material types g. Site and building orientation RESPONSE ELEMENTS Development of S Washington Ave Site 23 RFP/Q #53-20 h. Access points and curb cuts i. Breakdown of proposed parking spaces to be allocated for each use j. Highlight of creative and innovative design solutions TAB 5 – Proposed Timeline for Construction. Provide the proposed development schedule/calendar, to include timeline for: a. Design b. Review and Permitting c. Construction TAB 6 - Other Forms. The following forms should be completed and signed: a. Exceptions/Additional Materials/Addenda form b. Vendor Information form c. Vendor Certification of Proposal form d. Scrutinized Companies form(s) as required e. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Development of S Washington Ave Site 24 RFP/Q #53-20 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 Development of S Washington Ave Site 25 RFP/Q #53-20 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 PROPOSAL Development of S Washington Ave Site 26 RFP/Q #53-20 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: SCRUTINIZED COMPANIES FORMS Development of S Washington Ave Site 27 RFP/Q #53-20 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORMS Development of S Washington Ave Site 28 RFP/Q #53-20 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. ______________________________________ Authorized Signature ______________________________________ Printed Name ______________________________________ Title ______________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Development of S Washington Ave Site 29 RFP/Q #53-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP/Q #53-20, Development of So. Washington Ave Site Due Date: September 15, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division 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/Q #53-20, Development of So. Washington Ave Site Due Date: September 15, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ RFP/Q #53-20, So. Washington Ave Site Exhibit A(1) – Photos of subject area 1 RFP/Q #53-20, So. Washington Ave Site Exhibit A(1) – Photos of subject area 2 Tab 2.3 Southport - David Page Affiliate Florida-Georgia Project Completions January 1, 2015 to November 30, 2020 Project Development Cost Completion Date City, State # of Units Project Type LIHTC/Conventional 1 Clearwater Apts 12,168,048 Dec-14 Clearwater, FL 90 Rehab LIHTC 2 Caravel Apts 13,653,769 Mar-15 Lauderdale Lakes, FL 110 Rehab LIHTC 3 Crossings @ Indian Run 57,379,648 Jul-15 Stuart, FL 344 Rehab Conventional 4 Parkside Commons Apts 9,783,392 Jan-16 Pinellas Park, FL 60 New Const LIHTC 5 400 Apts 12,568,842 Nov-15 Gainsville, FL 101 Rehab LIHTC 6 Jackson Heights Apts 15,124,251 Dec-15 Tampa, FL 111 Rehab LIHTC 7 Georgia Arms Apts 14,358,056 Dec-15 Sanford, FL 90 Rehab LIHTC 8 Spring Manor Apts 24,185,253 Apr-16 Ocala, FL 160 Rehab LIHTC 9 Harbour Court Apts 8,441,161 Feb-16 Haines, FL 64 Rehab LIHTC 10 Stevens Duval Apts 9,183,180 Jan-16 Jacksonville, FL 52 Rehab LIHTC 11 Brookside Village Apts 8,341,175 Dec-15 Fort Myers, FL 50 Rehab LIHTC 12 Pinewood Apts 8,735,073 Aug-16 Athens, GA 90 Rehab LIHTC 13 Orangewood Apts 8,877,831 Mar-16 Fort Pierce, FL 60 Rehab LIHTC 14 Garden Trail Apts 12,865,880 Mar-17 Clearwater, FL 76 New Const LIHTC 15 Hickory Knoll 12,855,419 Oct-17 Ocala, FL 96 Rehab LIHTC 16 Cumberland Oaks Apts 20,974,700 Feb-17 St Marys, GA 154 Rehab LIHTC 17 Majestic Oaks Apts 22,034,768 Jul-17 Gainesville, FL 172 Rehab LIHTC 18 Wedgewood Apts 12,163,992 Apr-17 West Palm Beach, FL 80 Rehab LIHTC 19 Columbus Court Apts 25,419,365 Aug-17 Tampa, FL 160 Rehab LIHTC 20 Hampton Villa Apts 8,199,860 Sep-17 Jacksonville, FL 60 Rehab LIHTC 21 Seminole Gardens Apts 15,143,814 Dec-17 Sanford, FL 108 Rehab LIHTC 22 Brookestone 19,269,912 Dec-18 Tallahassee, FL 108 New Const LIHTC 23 Timberwood 26,633,081 Aug-17 Jacksonville, FL 224 Rehab LIHTC 24 Calusa Estates 20,756,449 Dec-18 Belle Glade, FL 114 New Const LIHTC 25 Brookfield Mews 11,147,868 Nov-17 Tifton, GA 120 Rehab LIHTC 26 Cedar Park 11,521,684 Sep-18 Lake City, FL 72 Rehab LIHTC 27 Chipola Apartments 5,131,039 Jan-19 Marianna, FL 48 Rehab LIHTC 28 Oakwood Villa 31,983,335 Feb-19 Jacksonville, FL 200 Rehab LIHTC 29 Lummus Park Manor 9,122,875 Jan-19 Miami, FL 51 Rehab LIHTC 30 Ridgewood 4,375,673 Dec-18 Winter Haven, FL 33 Rehab LIHTC 31 Laburnum Gardens 15,206,532 May-19 Valrico, FL 81 New Const LIHTC 32 Jacksonville Townhouse 33,097,574 Oct-19 Jacksonville, FL 250 Rehab LIHTC 33 Woodlawn Trail 13,822,930 Oct-19 Clearwater, FL 80 New Const LIHTC 34 Lake Mangonia 26,155,804 Nov-19 West Palm Beach, FL 150 Rehab LIHTC 35 Delphin Downs 13,182,465 Aug-20 Pensacola, FL 72 New Const LIHTC 36 Harold House 11,679,403 Aug-20 Jacksonville, FL 80 Rehab LIHTC 37 Palmetto Pointe 14,564,592 Nov-20 Pinellas Park, FL 82 New Const LIHTC 38 Daytona Gardens 30,719,347 Jan-21 Daytona, FL 230 Rehab LIHTC 39 Pembroke Tower 18,786,037 Dec-20 Pembroke Pines, FL 100 Rehab LIHTC 40 Parrish Oaks 20,490,096 Dec-20 Parrish, FL 120 New Const LIHTC 41 Mallard Landing 29,124,229 Nov-20 West Palm Beach, FL 163 Rehab LIHTC 42 Lake Wales Gardens 13,840,922 Feb-21 Lake Wales, FL 96 Rehab LIHTC Total 713,069,324 4762 Page 1 of 1 Tab 4.1.a. Present Narrative and Visual Form of Development Objective This 3.38-acre urban infill development is bound by South Martin Luther King Jr. Blvd, Gould Street and South Washington Avenue in Downtown Clearwater’s Prospect Lake Character District. With a density of 50 units per acre, it will consist of 171 residential units, 78 surface parking spaces for residents and a 197-space parking garage for public use. Included in the surface parking lot is a ride share waiting area. The goal of the development it to create an attractive community that provides a modern, attractive amenity-filled living environment for its residents. The project was challenged by a significant grade change across the site, so stepping the project with the contours added complexity, but also created a visually interesting series of building segments. The 50-foot tall, 4-story residential structures placed on the southern end of the project site to provide a strong street presence. The 3-story parking garage was placed partially over the surface parking to make efficient use of the land. Locating the parking on the northern end of the site provides a buffer to the adjacent commercial property. The garage is wrapped by units and amenities, hiding it from street view. The project is provided with two separate outdoor open spaces. The active pool zone was placed to take advantage of the western sun exposure. The more passive interior courtyard is surrounded by units to create a more private, quieter amenity. Each of these open spaces help to maximize views from the living spaces to the outdoors. The exterior of the building is designed in a contemporary style using red brick and cementitious siding (“Hardie Siding”) painted in warm earth tones. A flat roof is utilized to locate the air conditioning compressors, clearing the ground from visual clutter and unwanted noise. The building face has been pushed back from the sidewalks allowing for more green space, more privacy for residents and a more pleasant pedestrian experience. The overall development objective is presented in visual form by the “bird’s eye view” shown as shown in the next document. Tabs 4.a. to Tab 4.g. Tab 4.a. Height The seven Project apartment buildings vary between 4-story 50 ft. height on the southern end of the site the 3-story 40 ft height on some buildings moving north on the site. The 197-stall parking garage is a 3-story structure with a height of 36 ft. Tab 4.b. Scale Plan scale: 1/32 inch = 1 ft. Tab 4.c. Density & Intensity The Developer and Architect have maximized the density and the parking uses for the 3.358 acres of land with 171 apartments units and 275 parking stalls while with maximized and intense land uses still maintaining a community atmosphere with active and quiet outdoor activity areas to meet the community needs. Tab 4.d. Request for units from the density pool The land is 3.358 acres with allowed density of 50 units per acre. 3.3582 X 50 = 168. Three (3) units are requested from the Density Pool. Tab 4.e. Sq. Ft. of specific land uses Garage: 88,239 gsf Residential / Breezeways / Amenities: 148,209 gsf Breezeways: 54,258 gsf Amenities: 7,225 gsf A/C area: 155,434 sf Tab 4.f. Proposed Architectural Style The exterior of the building is designed in a contemporary style using red brick and cementitious siding (“Hardie Siding”) painted in warm earth tones. A flat roof is utilized to locate the air conditioning compressors, clearing the ground from visual clutter and unwanted noise. The building face has been pushed back from the sidewalks allowing for more green space, more privacy for residents and a more pleasant pedestrian experience. Tab 4.g. Site and building orientation The project buildings are oriented to provide views from the Project apartments while maintain a pleasing view of the from the busy public S. Martin Luther King Ave. on the West Boundary of the Project without sacrificing privacy of the apartments. The project is provided with two separate outdoor open spaces. The active pool zone was placed to take advantage of the western sun exposure. The more passive interior courtyard is surrounded by units to create a more private, quieter amenity. Each of these open spaces help to maximize views from the living spaces to the outdoors. Tabs 4.h. to Tab 4.j. Tab 4.h. Access Points and curb cuts Two access points and curb cuts: 1. The NW Corner of the site will have a 30 ft. direct secondary access to the site with a curb cut to S. Martin Luther King Ave. 2. The NE Corner of the site will have the main entrance to the to the site with a 50 ft. curb cut to S. Washington Ave. Tab 4.i. Breakdown of proposed parking spaces to be allocated for each use Project Parking Uses and Rates per Month Rate Per Mo. Garage Stalls 197 2022 Surface Covered Stalls 78 Total Parking 275 Tenant Garage 197 $110 Tenant Covered Surf. 35 $95 Public/Staff Cov. Surf. 40 $95 Uber/Lyft stalls 3 $0 Total Parking 275 Project Parking Uses and Rates per Month Garage Stalls 197 Surface Covered Stalls 78 Total Parking 275 Tenant Garage 197 Tenant Covered Surf. 35 Public/Staff Cov. Surf. 40 Uber/Lyft stalls 3 Total Parking 275 Tab 4.j. Highlight creative and innovative design solutions By using the sites awkward topography that has the site SEC elevation 15 ft. higher than the site’s NWC, the resulting solution was a series of terraced building elevations that stepped down as the buildings are located father north on the site and by using covered walkways connecting the elevators and the buildings’ accesses, the result is a considerable savings not having to build interior corridors in each building and worked to be able to have apartments and amenity buildings constructed on three sides of the parking garage elimination the cost of an expensive exterior on those three sides of the garage.