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12/17/2020Thursday, December 17, 2020 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda December 17, 2020City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following two options: 1)eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. 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 ClearwaterCouncil@myclearwater.com. All comments received by 5 p.m. the day before the meeting (December 16) will become part of the official record. The City Clerk will read received comments into the record. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 December Service Awards 4.2 2021 Legislative Session Update - Peter Dunbar and Martha Edenfield, State Lobbyists 4.3 Environmental Advisory Board Presentation - Sarah Kessler, Lead Environmental Specialist 5. Approval of Minutes Page 2 City of Clearwater Printed on 12/17/2020 December 17, 2020City Council Meeting Agenda 5.1 Approve the minutes of the December 3, 2020 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Authorize the City Manager the flexibility to approve expenditures of Community Development Block Grant funds distributed for COVID-19 relief (CDBG-CV) as authorized by the United States Department of Housing and Urban Development (HUD). (consent) 7.2 Approve a Legal Services Agreement with Banker, Lopez, Gassler, PA, a law firm located in St. Petersburg, FL, for a five-year term from January 1, 2021 through December 31, 2025, pursuant to City Code of Ordinances Section 2.564 (l) (i), Exempt From Bidding, for a not-to-exceed total of $800,000 and authorize the appropriate officials to execute same. (consent) 7.3 Approve the renewal of an Agreement with Commercial Risk Management, Inc. of Tampa, Florida, for the management and administration of workers compensation claims, from February 1, 2021 through January 31, 2022, pursuant to City Code of Ordinances Section 2.564 (l) (i), services associated with Workers Compensation exempt from bidding for a not-to-exceed total of $25,000 and authorize the appropriate officials to execute same. (consent) 7.4 Approve a Purchase Order to DevTech Sales Inc. of Avon Park, FL, for the purchase of Itron Automated Meter Reading endpoints in an annual not to exceed amount of $310,000, with two, one-year renewal options at the City’s discretion per Clearwater Code of Ordinance 2.564 (1)(b) sole source and authorize the appropriate officials to execute same. (consent) 7.5 Authorize agreements for Employment Related Health Care Services with BayCare Urgent Care, LLC and Life Extension Clinics, Inc. for a total annual not to exceed amount of $355,000.00 for the initial term of January 1, 2021 through December 31, 2021, with two one-year renewal options and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 12/17/2020 December 17, 2020City Council Meeting Agenda 7.6 Approve the collective bargaining agreement as negotiated between the City of Clearwater and Communication Workers of America, Local 3179 (CWA) for Fiscal Years 2020/21, 2021/22, 2022/23 and authorize the appropriate official to execute same. (consent) 7.7 Approve a proposal by Construction Manager at Risk Khors Construction, Inc. of Pinellas Park, Florida in the amount of $91,147.54 for the construction of a storage building and demolition of existing restroom building at Moccasin Lake Nature Park located at 2750 Park Trail Lane; transfer $10,635.52 from CIP 315-93612, McMullen Tennis Complex and $12,590.01 from CIP 315-93635 Park Amenities to Moccasin Lake Nature Park CIP 315-93648 and authorize the appropriate officials to execute same. (consent) 7.8 Approve a purchase order with M Gay Constructors, Inc. of Jacksonville, Florida per ITB 19-0035-PR, in the amount of $169,470.40 for lighting the tennis courts at Morningside Recreation Complex and a change of scope of the Morningside Recreation Center Project CIP 315-93251 to include the lighting of tennis courts; transfer $131,651.99 from retained earnings at first quarter and authorize the appropriate officials to execute same. (consent) 7.9 Approve adding three new full-time positions to the Parks and Recreation Department in order to provide enhanced maintenance for Crest Lake Park, approve a first quarter budget amendment allocating $172,800.00 from general fund reserves and authorize the appropriate officials to execute same. (consent) 7.10 Approve Supplemental One Work Order to Engineer of Record (EOR) McKim and Creed, of Clearwater, Florida, in the amount of $68,860 for Lift Station 25 Force Main (20-0017-UT), increasing the work order from $148,614 to $217,474 and authorize the appropriate officials to execute same. (consent) 7.11 Approve Supplemental One Work Order to Engineer of Record Stantec Consulting Services, Inc., of Tampa, Florida for Lift Station 16 in the amount of $248,966, increasing the work order from $198,608 to $447,574 and authorize the appropriate officials to execute same. (consent) 7.12 Approve Supplemental Work Order 2 to Engineer of Record (EOR) Cardno, Inc. in the amount of $73,600 to complete Archeological Excavation at the North Greenwood Cemetery, increasing the work order from $60,846 to $134,446 and authorize the appropriate officials to execute same (consent). 7.13 Approve the final plat for the Clearwater Gas Complex, physically located at 777 Maple Street, located on the Southwest corner of Myrtle Avenue and Maple Street. (consent) Page 4 City of Clearwater Printed on 12/17/2020 December 17, 2020City Council Meeting Agenda 7.14 Ratify and confirm Supplemental 3 Work Order to Engineer of Record AECOM, of Tampa, Florida, for the Sunset Point Road at Betty Lane Utility Relocation Project (17-0012-UT) in the amount of $32,612, increasing the work order from $85,828 to $118,440 and authorize the appropriate officials to execute same. (consent) 7.15 Approve a Maintenance Memorandum of Agreement (MOA) with the State of Florida Department of Transportation for the maintenance of the aesthetic features and components related to the City of Clearwater identification signage and associated lighting on the pedestrian bridge crossing US 19 at Harn Boulevard and authorize the appropriate officials to execute same. (consent) 7.16 Authorize equipment leases with Hewlett-Packard Company, of Murray Hill, NJ, for desktop, laptop, and tablet computers, for the term of January 1, 2021 through July 31, 2021, in an amount not to exceed $280,000 in accordance with City Code of Ordinances Section 2.564 (1)(d) Other Governmental Entities Bids, and authorize the appropriate officials to execute same. (consent) 7.17 Ratify and confirm additional computer leasing obligations and expenditures over the 2017-2020 leasing period; approve an increase to Contract No. 900099 in an amount of $680,000, for a new total of $2,150,000 to Hewlett-Packard Financial Services Company, of Murray Hill, NJ, for desktop, laptop, and tablet computers, and authorize the appropriate officials to execute same. (consent) 7.18 Request for authority to settle case of City of Clearwater v. Wyllie, et al., Case No. 18-6639-CI. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Accept the 2020 Local Housing Incentive Strategy (LHIS) Report developed by the Affordable Housing Advisory Committee (AHAC). (APH) Page 5 City of Clearwater Printed on 12/17/2020 December 17, 2020City Council Meeting Agenda 8.2 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1266 Sedeeva Circle North and pass Ordinances 9416-21, 9417-21, 9418-21 on first reading. 8.3 Approve the annexation, initial Future Land Use Map designation of US 19 - Regional Center (US 19-RC) and initial Zoning Atlas designation of US 19 District for a portion of 2970 Gulf to Bay Boulevard, and pass Ordinances 9422-21, 9423-21 and 9424-21 on first reading. (ANX2020-10012) 9. City Manager Reports 9.1 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-63. 9.2 Accept a 10-foot utility easement from 1990 N. McMullen Booth Road, LLC for the construction, installation and maintenance of city utility facilities on real property located at 3055 Union St. and adopt Resolution 20-59. 9.3 Approve the 2021 State Legislative Agenda. 9.4 Authorize the issuance of the waterfront bluff properties request for proposals. 10. City Attorney Reports 11. Closing comments by Councilmembers (limited to 3 minutes) 12. Closing Comments by Mayor 13. Adjourn Page 6 City of Clearwater Printed on 12/17/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8514 Agenda Date: 12/17/2020 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: December Service Awards SUMMARY: 5 Years of Service Jonathan Mullen Parks & Recreation Amanda DeWitt Library Quang Trinh Information Technology Lelia Peterson Parks & Recreation 10 Years of Service Mathew Anderson Parks & Recreation Claire Sherman Library Edward Bryant Solid Waste 15 Years of Service Travis Mouzon Solid Waste 25 Years of Service Steven Cook Parks & Recreation 30 Years of Service Lisa Perkins Gas 35 Years of Service Gerald Wells Public Utilities Glenn Daniel Public Utilities Susan Stieben Police Page 1 City of Clearwater Printed on 12/17/2020 File Number: ID#20-8514 John Llauget Parks & Recreation Page 2 City of Clearwater Printed on 12/17/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8537 Agenda Date: 12/17/2020 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: 2021 Legislative Session Update - Peter Dunbar and Martha Edenfield, State Lobbyists SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/17/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8422 Agenda Date: 12/17/2020 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Environmental Advisory Board Presentation - Sarah Kessler, Lead Environmental Specialist SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/17/2020 Despite the challenges this year brought on by an unprecedented pandemic, the Environmental Advisory Board was able to continue its work providing insight to city leaders and staff on critical issues of environmental importance that impact the city of Clearwater. In a typical year our board meets four times, because of the spread of the coronavirus, our engaged group was limited to meeting twice, first in January and later in October. But, because of the groundwork laid in previous years, and the diligence of our board, we still are able to share accomplishments with you. Our work previously resurrecting Green Print, the city’s sustainability plan, led to the hiring of a sustainability coordinator last year, who has spent much of this year updating and implementing key strategies​ ​including reducing greenhouse gases, creating a stronger partnership with environmentally-focused groups and developing educational environmental programs. In October, our board had a robust discussion on the contentious development plan on the site of the Landings Golf Course, culminating in a letter to city leaders indicating our opposition to the project. We asked then, and I will again ask city council tonight, to consider a permanent change from its use as a golf course to an open space park in an effort to increase the city’s green space footprint. The city’s diversity of parks and green space is an asset and we should prioritize saving undeveloped swaths of land in the state’s most densely populated county. Also in October, we drafted a resolution urging city leaders to develop a formalized process that would include advisory board input on projects deemed appropriate by staff. We feel that as resiliency, sustainability and quality of life issues related to the environment continue to impact our community, the Environmental Advisory Board, as well as other advisory boards, should be considered a valuable partner as projects, plans and initiatives move forward. This council discussed such a plan at its Nov. 16 work session meeting. Thank you for the opportunity to serve, our board looks forward to the possibilities in 2021 and how we can continue to contribute to make Clearwater bright and beautiful. A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, SEEKING CITY COUNCIL APPROVAL TO FORMALIZE A PROCESS TO INCLUDE ADVISORY BOARD INPUT INTO PROJECTS AND INITIATIVES AS THEY PROGRESS BEFORE CITY COUNCIL AS PART OF THE DISCUSSION OR APPROVAL PROCESS. WHEREAS, advisory boards provide valuable insight to the city as an extension of the city council. WHEREAS, in an effort to provide substantial input and make a substantive impact, the Environmental Advisory Board requests to be informed about project specifics at the 60% plan phase on projects identified as environmentally significant by appropriate staff, which could include the Sustainability Coordinator, a representative from Environmental Engineering and Stormwater Engineering. WHEREAS, our board, like other volunteer advisory boards, have an engaged board and group of citizens who provide valuable insight. WHEREAS, resiliency, sustainability and quality of life issues related to the environment continue to impact our community, the Environmental Advisory Board, as well as other advisory boards, should be considered a valuable partner as projects, plans and initiatives as they move forward. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA FORMALIZE A PROCESS THAT INCLUDES ADVISORY BOARD INPUT AS PART OF THE APPROVAL PROCESS FOR A PROJECT OR INITIATIVE BEFORE IT GOES TO COUNCIL FOR DISCUSSION OR APPROVAL. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8455 Agenda Date: 12/17/2020 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the December 3, 2020 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/17/2020 City Council Meeting Minutes December 3, 2020 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, December 3, 2020 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes December 3, 2020 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Frank Hibbard, Councilmember Hoyt Hamilton, Vice Mayor David Allbritton, Councilmember Mark Bunker and Councilmember Kathleen Beckman 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 Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Hibbard The meeting was called to order at 6:00 p.m. in Council Chambers at the Main Library. 2. Invocation – Father Bob Swick of St. Francis of Assisi Old Catholic Church 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 Clearwater Going Home Presentation - Ed Thiebe 5. Approval of Minutes 5.1 Approve the minutes of the November 19, 2020 City Council Meeting as submitted in written summation by the City Clerk. Vice Mayor Allbritton moved to Approve the minutes of the November 19, 2020 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Draft City Council Meeting Minutes December 3, 2020 Page 3 City of Clearwater Anita Rice and Barbara Milang supported homelessness initiatives, such as job training and shelters, and urged the City to provide more funding to these initiatives. Ken Sasso expressed concerns regarding the code violations at 1631 Tuscola Road, an adjacent property, devaluing his property and negatively impacting his ability to sell. 7. Consent Agenda – Approved as submitted. 7.1 Approve a Contract for Purchase of a 1.4 acre MOL parcel of land located at Hoyt Avenue by the City of Clearwater of certain real property owned by Intra-Urban Investments, LLC, with a purchase price of $290,000 and total expenditures not to exceed $296,000; authorize the appropriate officials to execute same, together with all other instruments required to affect closing; and transfer funds from Open Space Impact Fees and Recreation Land Impact Fees to CIP315-93133 Park Land Acquisition in a first quarter budget amendment. (consent) 7.2 Award a Construction Contract to Gator Grading and Paving LLC, of Palmetto, Florida, for the 2021 Roadway Resurfacing project, per Invitation to Bid (ITB) 19-0045-EN, in the amount of $2,550,000 for an initial one-year term with an option to renew for three additional one-year renewal terms on a unit price basis and authorize the appropriate officials to execute same. (consent) 7.3 Authorize a Purchase Order with W.W. Grainger, Inc. (Grainger) for the purchase of maintenance, repair and operating supplies in the initial not to exceed amount of $131,250.00, beginning December 4, 2020 through June 30, 2021, with the option for two, one-year extensions in the annual amount of $225,000.00 through June 30, 2023 , per Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities’ Bids, and, authorize the appropriate officials to execute same. (consent) 7.4 Appoint Greg A. Brown to the Municipal Code Enforcement Board with a term to expire October 31, 2023. (consent) 7.5 Appoint Helen A. Amburgey to the Library Board with a term to expire December 31, 2024. (consent) 7.6 Approve an amended agreement for Red Light Camera Hearing Officer services with Nancy Mag, Esq. to increase the monthly retainer to $500 and authorize the appropriate officials to execute same. (consent) Draft City Council Meeting Minutes December 3, 2020 Page 4 City of Clearwater Councilmember Hamilton moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 9396-20 on second reading, annexing certain real property whose post office address is 2079 Burnice Drive, Clearwater, Florida 33764, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9396-20 was presented and read by title only. Vice Mayor Allbritton moved to adopt Ordinance 9396-20 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 8.2 Adopt Ordinance 9397-20 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2079 Burnice Drive, Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 9397-20 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9397-20 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 8.3 Adopt Ordinance 9398-20 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2079 Burnice Drive, Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9398-20 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9398-20 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman Draft City Council Meeting Minutes December 3, 2020 Page 5 City of Clearwater 8.4 Adopt Ordinance 9429-20 on second reading, vacating a 30 foot right-of-way easement described as the South 280’ of the East 30’ of the following described tract: Commence at the NE corner of Gulf To Bay Gardens as recorded in Plat Book 50, Page 60, Public Records of Pinellas County, Florida; run thence S 89° 57’ 24” E, a distance of 200.00 feet to the Point of Beginning; thence S 89° 57’ 24” E, a distance of 100.00 feet, thence S 00° 20’ 15” E, a distance of 300.00 feet, thence N 89° 57’ 24” W, a distance of 100.00 feet, thence N 00° 20’ 15” W, a distance of 300.00 feet to the point of beginning, as recorded in Official Records Book 5870, Page 761 of the Public Records of Pinellas County, Florida. Ordinance 9429-20 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9429-20 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 8.5 Adopt Ordinance 9430-20 on second reading, vacating a 20 foot drainage and utility easement described as the North 20’ and South 15’ of the following described tract: Commence at the NE corner of Gulf to Bay Gardens as recorded in Plat Book 50, Page 60, Public Records of Pinellas County Florida; run thence S 89° 57’ 24” E, a distance of 200.00’ to the Point of Beginning; thence S 89° 57’ 24” E, a distance of 100.00’, thence S 00° 20’ 15” E, a distance of 300.00’, thence N 89° 57’ 24” W, a distance of 100.00’, thence N 00° 20’ 15” W, a distance of 300’ to the Point of Beginning, as recorded in O.R. Book 5858, Page 1539 of the Public Records of Pinellas County, Florida. Ordinance 9430-20 was presented and read by title only. Vice Mayor Allbritton moved to adopt Ordinance 9430-20 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 8.6 Adopt Ordinance 9431-20 on second reading, vacating portion of a 15 foot drainage and utility easement and a 10 foot drainage and utility easement described as The East 15’ of the West 545’ of the SW ¼ of the NE ¼ of Section 17, Township 29 S, Range 16 E, less the South 285’ and the East 10’ of the West 730’ of the SW ¼ of the NE ¼ of Section 17, Township 29 S, Range 16 E, less the South 330’, as recorded in O.R. Book 4082, Page 117 of the Public Records of Pinellas County, Florida. Ordinance 9431-20 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9431-20 on second and final reading. The motion was duly seconded and Draft City Council Meeting Minutes December 3, 2020 Page 6 City of Clearwater upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 8.7 Adopt Ordinance 9432-20 on second reading vacating a 20-foot drainage and utility easement described as The North 20’ of the East 200’ of the West 730’ of the SW ¼ of the NE ¼ of Section 17, Township 29 S, Range 16 E, as recorded in O.R. Book 5950, Page 1028 of the Public Records of Pinellas County. Ordinance 9432-20 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9432-20 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 9. City Manager Reports 9.1 Disapprove Construction Manager at Risk (CMAR) proposal from Skanska, Inc. of Tampa, FL, for the renovations of the Clearwater Main Library for Imagine Clearwater (17-0031-EN) at the Guaranteed Maximum Price (GMP) of $6,420,156.69 and authorize the appropriate officials to execute same. In response to questions, Assistant City Manager Michael Delk said the Library staff is working on a plan to change some procedural and layout functions of the Main Library that will emphasize the first floor as a more customer oriented facility. Some of the fire zones will be moved to the upper floors. He said the first floor will have a more prominent view to the park. Staff will present a final plan of the procedural and layout changes after the first of the year. Library Director Jennifer Obermaier said staff is working on reopening the Main Library and anticipates it will reopen the week of December 14. She is meeting with the Friends of the Library next week and will discuss the reopening of the bookstore. Councilmember Hamilton moved to disapprove Construction Manager at Risk (CMAR) proposal from Skanska, Inc. of Tampa, FL, for the renovations of the Clearwater Main Library for Imagine Clearwater (17-0031-EN) at the Guaranteed Maximum Price (GMP) of $6,420,156.69 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes December 3, 2020 Page 7 City of Clearwater 9.2 Approve the Ft. Harrison Avenue Complete Streets Study Final Report, a Complete Streets concept plan for Ft. Harrison Avenue, from Belleair Road to N. Myrtle Avenue, authorize transmittal to Forward Pinellas and other jurisdictions for the completion of the Forward Pinellas Complete Streets Grant Program agreement (approved via Resolution 19-09) and adopt Resolution 20-37. Planning and Development Assistant Director Lauren Matzke provided a PowerPoint presentation. In response to questions, Ms. Matzke said demonstration projects are feasible. Engineering staff is working on a demonstration project in conjunction with a public utilities project, which includes designing demonstration projects at the beginning of the concept planning. Engineering Assistant Director Elliott Shoberg said the demonstration costs have not been determined but are not expected to be expensive since the demonstrations will utilize paint. Thresholds to determine the success of a demonstration project has yet to be determined. Vice Mayor Allbritton moved to approve the Ft. Harrison Avenue Complete Streets Study Final Report, a Complete Streets concept plan for Ft. Harrison Avenue, from Belleair Road to N. Myrtle Avenue, authorize transmittal to Forward Pinellas and other jurisdictions for the completion of the Forward Pinellas Complete Streets Grant Program agreement (approved via Resolution 19-09). The motion was duly seconded and carried unanimously. Resolution 20-37 was presented and read by title only. Councilmember Bunker moved to adopt Resolution 20-37. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 9.3 Appoint one member to the Environmental Advisory Board with a term to expire October 31, 2024. Councilmember Bunker moved to appoint Glenna Wentworth to the Environmental Advisory Board with a term to expire October 31, 2024. The motion was duly seconded and carried unanimously. 9.4 Appoint one member to the Nuisance Abatement Board to fill the remainder of an unexpired term until August 31, 2023. Draft City Council Meeting Minutes December 3, 2020 Page 8 City of Clearwater Councilmember Beckman moved to appoint Leslie Coley to the Nuisance Abatement Board to fill the remainder of an unexpired term until August 31, 2023. The motion was duly seconded and carried unanimously. 9.5 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-62. In response to questions, Police Chief Daniel Slaughter said law enforcement agencies will be coordinating a countywide effort to post all bars and restaurants and remind everyone of the restrictions included in the county emergency orders, which requires restaurants to have spacing of 6 feet in between groups of patrons and all patrons receiving drinks need to be seated in order to be served. All bars and restaurant staff need to wear face coverings. Spot checks will begin Saturday. He said the 6-ft. spacing is required for indoor and outdoor dining. Councilmember Hamilton moved to confirm COVID-19 Emergency Proclamation. The motion was duly seconded and carried unanimously. Resolution 20-62 was presented and read by title only. Vice Mayor Allbritton moved to adopt Resolution 20-62. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 10. City Attorney Reports – None. 11. Other Council Action 11.1 Ocean Allies Pledge - Mayor Hibbard Mayor Hibbard said since Monday's worksession, staff has shortened the oath to a more manageable size while keeping the essence. In response to a question, Public Communications Director Joelle Castelli said the City staff can design and print the table tents for businesses but she would assume Ocean Allies would want to undertake that task since it is their project. The Mayor said he would contact Sheri Heilman about approving the modified language. Draft City Council Meeting Minutes December 3, 2020 Page 9 City of Clearwater Councilmember Hamilton moved to accept the language. The motion was duly seconded and carried unanimously. Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 11.2 Replace Go Vote banner with positive messages - Councilmember Beckman Councilmember Beckman proposed to replace the Go Vote banners at the city hall site with a positive one or two-word inspirational message. She said during the work session it was stated that the sign must be related to government. She expressed a concern with that reasoning as the Go Bolts sign is not related to government. The City Manager said he spoke with the City Attorney about a Mask Up sign. The COVID cases are spiking. The City Attorney said it may be controversial but it would be a good message. Discussion ensued regarding the demolition of the city hall site. It was stated that the RFP will be issued this month with an approval likely next month. It was requested that staff provide information on demolition cost, timeline, and the cost associated to maintain city hall as is. Assistant City Manager Micah Maxwell said the Harborview facility was demolished for approximately $1.75 million; the city hall site should be a less intense demolition. The new city hall will be approximately 33,000 sq. ft. Vice Mayor Allbritton moved to direct staff to obtain the cost to demolish city hall, associated timeframe, and all costs associated with maintaining the building. The motion was duly seconded and carried unanimously. There was council consensus to place a Mask UP sign at the city hall site. Douglas Hackworth Property The Mayor requested consideration to adopt a resolution supporting the City of Dunedin's efforts to purchase the Douglas Hackworth property. The City of Dunedin is pursuing a Florida Forever grant to obtain and maintain the property as open space. Draft City Council Meeting Minutes December 3, 2020 Page 10 City of Clearwater There was council consensus to adopt a resolution. Staff was directed to draft a resolution. BIG C Letter re Sand Accretion Councilmember Hamilton requested consideration to draft a letter supporting the BIG C's efforts to address sand accretion. There was consensus for staff to draft a letter for the Mayor or City Manager's signature. 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Beckman thanked all the individuals who applied for the advisory board appointments. She said Council met with the recent Citizens Academy graduates right before the last council meeting and someone expressed disappointment in not being appointed to an advisory board. It was suggested that individuals volunteer in the community doing what interests them. She said people can make just as big of a difference by volunteering their time as they could sitting on the dais, serving on a board. Vice Mayor Allbritton said AVA, the PSTA autonomous bus, is serving a three-month trial period in St. Petersburg. It started running on November 25, 2020 and will run through February 15, 2021. It runs between the Dali Museum and the Vinoy. There were 397 riders over Thanksgiving weekend. He said he hopes Clearwater will be next to get AVA for a 3-month period. It is free to ride. Councilmember Hamilton said we are in the holiday season and to remember those who are less fortunate, and we all need to do our part to spread some Christmas cheer every chance you get. Councilmember Bunker said the pandemic will get worse before it gets better with spikes of cases after the holidays. He said when there have been spikes in the past, Florida was a hot zone, now the whole country is a hot zone. He said we all need to pay attention, be on our best behavior, and think of each other. He said since Leah Remini’s Scientology and the Aftermath has been on Netflix, he’s receiving more calls from people telling him their story. He is happy people are reaching out and will talk to anyone at any time. Draft City Council Meeting Minutes December 3, 2020 Page 11 City of Clearwater 13. Closing Comments by Mayor Mayor Hibbard reviewed recent and upcoming events. He said the Stone Family Foundation has graciously gifted a $250,000 match for money donated in the Salvation Army kettles this year. He said many people will benefit from this. 14. Adjourn The meeting adjourned at 7:35 p.m. Mayor City of Clearwater Attest City Clerk Draft INDIVIDUAL SPEAKER Citizen Comment Card Name: i,anc/4., l % "q,he7 /l Address: /SYT Cr P4' le' t11' 9 City: .LL Telephone Number: Zip: ? 3 7 5 S 727 tS -d533 Email Address: 6P/41/9 10- /(,C 05 t C NJA1C, C an Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: Sib ky ©lam What is your position on the item? For Against X INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: LARgY POLNtCk( 31 3 M A-5-7eNT r 2 City: C W TA-- Zip: Telephone Number: — 1`' 4-)-11' 414°r 1 Email Address: Speaking under citizens to be heard re items not on the agenda? ft Agenda item(s) to which you wish to speak What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: e City: Telephone Number: fn Zip: 7 'I/ C?03 Email Address: a/(lf 5L'Z-c9 i eiont- Speaking under citizens to be Bard re items not on the agenda? Agenda item(s) to which you wish to speak: What is your position on the item? For Against Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8571 Agenda Date: 12/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Authorize the City Manager the flexibility to approve expenditures of Community Development Block Grant funds distributed for COVID-19 relief (CDBG-CV) as authorized by the United States Department of Housing and Urban Development (HUD). (consent) SUMMARY: On October 14, 2020, City Council approved the Second Amendment to the City of Clearwater’s 2019-2020 Annual Action Plan (Amendment). The Amendment reprogrammed existing funds and added $858,968 of newly allocated CDBG-CV funds to the Annual Action Plan budget. The Amendment budgeted $924,458 for the City’s Rent, Mortgage and Utilities Assistance (RMU) Program and $154,791 to fund Public Services aimed at assisting Clearwater residents financially impacted by the pandemic. As Clearwater citizens navigate through the pandemic, needs may change, and city staff may receive COVID-19-related public service proposals that can potentially serve a public need. Approving this staff recommendation will allow the City Manager to reduce the amount budgeted for the RMU program as needed to quickly respond to funding requests for public service activities that can help Clearwater citizens. Flexibility granted to the City Manager will be implemented in accordance with CDBG-CV and HUD regulations. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 12/17/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8543 Agenda Date: 12/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve a Legal Services Agreement with Banker, Lopez, Gassler, PA, a law firm located in St. Petersburg, FL, for a five-year term from January 1, 2021 through December 31, 2025, pursuant to City Code of Ordinances Section 2.564 (l) (i), Exempt From Bidding, for a not-to-exceed total of $800,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Risk Management Division of the Finance Department is seeking renewal of our agreement for five years from January 1, 2021 through December 31, 2025, with Banker, Lopez, Gassler, PA, a law firm to provide the City legal representation and counsel for city workers compensation claims. This agreement will provide services for the representation, adjustment and administration of the city workers compensation claims. This new agreement does include an increase of hourly pay for Mark Hungate, Esq ., or other shareholder level attorney, from $165 to $180, for associate attorneys from $120 to $130, and from $95 to $105 for paralegal services, effective January 1, 2023. Risk Management has retained Banker, Lopez, Gassler, PA for several years to assist the City and Risk Management in the administration of these claims, and they have provided professional and excellent legal services and guidance. This contract will provide Risk Management and the City greater effectiveness and flexibility in the representation, investigation and legal management of our workers compensation claims. APPROPRIATION CODE AND AMOUNT: Account # 5907590-545800 $800,000 Page 1 City of Clearwater Printed on 12/17/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8544 Agenda Date: 12/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve the renewal of an Agreement with Commercial Risk Management, Inc. of Tampa, Florida, for the management and administration of workers compensation claims, from February 1, 2021 through January 31, 2022, pursuant to City Code of Ordinances Section 2.564 (l) (i), services associated with Workers Compensation exempt from bidding for a not-to-exceed total of $25,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Risk Management Division of the Finance Department has a current agreement approved in February 2020 by City Council, expiring January 31, 2021 with Commercial Risk Management, a third-party administrator, for administration of workers compensation claims including lost time claims, claims involving litigation, complex medical claims, and medical only claims (when warranted). Their services would be needed if the City received an overload of complicated medical claims or if City claims staff issues arose. The requested renewal retains the same fee structure as the current agreement. An annual administrative fee of $2,500 has been added to provide consulting services on pending claims, which will greatly benefit the City administration of claims. For indemnity/lost-time claims the fee is $1,000, and for medical-only claims, $250. Complicated medical-only claims, and/or claims needing investigation have a fee of $500. The retention of Commercial Risk Management to administer and manage more complex and litigative claims will provide Risk Management and the City greater effectiveness in the investigative and fiscal management of our Workers Compensation claims program when needed. Staff projects a potential of 20 - 25 claims annually which may be referred for their services. APPROPRIATION CODE AND AMOUNT: Account # 5907590-545800 $25,000 Page 1 City of Clearwater Printed on 12/17/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8525 Agenda Date: 12/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve a Purchase Order to DevTech Sales Inc. of Avon Park, FL, for the purchase of Itron Automated Meter Reading endpoints in an annual not to exceed amount of $310,000, with two, one-year renewal options at the City’s discretion per Clearwater Code of Ordinance 2.564 (1) (b) sole source and authorize the appropriate officials to execute same. (consent) SUMMARY: Clearwater Gas System (CGS) utilizes Automated Meter Reading (AMR) endpoints for all new and replacement natural gas meter sets. This allows Utility Customer Service to read meters from the truck instead of having to walk to each location and manually read the meter . Customer Service exclusively uses Itron equipment, therefore, Itron ERTs have become our standard for endpoint equipment. DevTech is the sole source provider for Itron AMR endpoints . CGS will complete a market analysis each year prior to renewal to ensure no additional distributors have entered the market for these end points. CGS has approximately 26,500 natural gas customers and installs metering equipment at each customer site for monthly billing. CGS estimates approximately 4,000 residential meter installations per year (1,600 new accounts + 2,400 replacement meters). Residential AMR units are $73.25/meter and commercial units are $117.00/meter (diaphragm style meter) and $120.00/meter (rotary style meter). 4,000 - ERG-5006-001 @ $ 73.25 (Residential)$ 293,000 100 - ERG-5006-007 @ $117.00 (Commercial) $ 11,700 5 - ERG-5006-503 @ $120.00 (Commercial)$ 600 Shipping (Est.) $ 4,700 Total $ 310,000 APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in project codes 3237323-96377-563300 (Pinellas New Mains and Service Lines) and 3237323-96378-563300 (Pasco New Mains and Service lines) USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 12/17/2020 Quote #JPH-111620-01D Quotation Date 11/16/20 Devtech Sales, Inc.local 863.453.5959 118 South Lake Avenue 800.366.9041 Terms NET 30 days Avon Park, FL 33825-3902 fax 863.453.0492 www.devtechsales.com info@devtechsales.com Prices FOB Origin To:Jade Weppler Delivery 4-6 weeks City of Clearwater 400-A N. Myrtle Ave.Phone # Clearwater, FL 33755 jade.weppler@clearwatergas.com Mobile # We are pleased to quote the following:Reference # Item Quantity Description Unit Price Total A ea Itron p/n ERG-5006-001, 100G DLS Datalogging ERT for $73.25 Residential Elster/American B ea Itron p/n ERG-5006-007, 100G DLS Datalogging ERT for $117.00 Commercial Elster/American C ea Itron p/n ERG-5006-004, 100G DLS Datalogging ERT for $73.25 Residential Sensus/Rockwell 18 tooth D ea Itron p/n ERG-5006-006, 100G DLS Datalogging ERT for $73.25 Residential National E ea Itron p/n ERG-5006-008, 100G DLS Datalogging ERT for $117.00 Commercial Sensus/Rockwell F ea Itron p/n ERG-5006-503P, 100G DLS Datalogging ERT for $120.00 rotary and TCI remote w/12" leads - programmed *Freight not included (Doug Lemler) / Accepted By: Terms & Conditions: 1) This quote is valid for 30 days unless otherwise specified. 2) Devtech Sales, Inc. is a representative and/or distributor for this product(s) and will never under any circumstances agree to accept customer terms that hold Devtech liable for damages as a result of late shipment(s) from a manufacturer or fabricator. 3) Delivery schedules are contingent upon strikes, accidents, fires, acts of God, availability of materials and all other causes beyond the manufacturer's control. 4) Freight/shipping is not included in price unless otherwise noted. Quoted By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8573 Agenda Date: 12/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Authorize agreements for Employment Related Health Care Services with BayCare Urgent Care, LLC and Life Extension Clinics, Inc. for a total annual not to exceed amount of $355,000.00 for the initial term of January 1, 2021 through December 31, 2021, with two one-year renewal options and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 18, 2020, Request for Proposals #51-20, Employment Related Health Care Services was issued. Two responses were received and evaluated by Human Resources Department staff. BayCare Urgent Care, LLC (BayCare) was selected to provide pre-employment physicals, Department of Transportation (DOT) random, DOT post-accident, and citywide reasonable suspicion drug and alcohol testing, for employees exclusive of public safety personnel. The annual amount for this agreement will be $70,000.00. The services to be provided by Life Extension Clinics (LifeScan) include pre-employment and annual physicals for Police and Fire & Rescue personnel. Both departments have utilized LifeScan for several years due to the comprehensive diagnostic testing provided. The Fraternal Order of Police’s (FOP) negotiated agreement includes the requirement for LifeScan’s services for officers and supervisors. LifeScan’s physicals include a performance-based fitness evaluation that is evaluated against prior years’ results. The annual amount for this agreement will be $285,000.00. This authorization includes two one-year renewal options for the BayCare and LifeScan agreements. APPROPRIATION CODE AND AMOUNT: FY2021 Funding is available through appropriation codes: 6467410-521500 Pre-Employment Physicals and Drug Testing 5909831-530100 Citywide Drug Testing - Random, Reasonable Suspicion, Post Accident 0101156-521500 Police Annual Physicals 0101220-521500 Fire & Rescue Pre-Employment Physicals and Annual Physicals 0101252-521500 Fire & Rescue USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 12/17/2020 Page 1 of 2 BayCare Urgent Care, LLC EMPLOYMENT HEALTH SERVICES AGREEMENT THIS AGREEMENT, effective the 1st day of January 2021, by and between BayCare Urgent Care, LLC (referred to as “BayCare” or “Provider”) and City of Clearwater (referred to as “City” or “Client”). WHEREAS, the City selected Provider based on Request for Proposals #51-20, attached hereto as Exhibit A, and responses to RFP #51-20, attached hereto as Exhibit B. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: 1. Scope of Services. Provider shall perform the services set forth in Exhibit A, Request for Proposals #51-20, Employment Related Healthcare Services. 2. Term. This Agreement shall be for a term one (1) year commencing the on the 1st day of January 2021 and shall renew for two (2) additional one (1) year terms in accordance with Exhibit A, RFP #51-20, Milestones. 3. Changes. Any changes to this Agreement shall be made by mutual written consent of both Parties. 4. Compensation. Total compensation for all services shall not exceed $70,000 annually unless specifically authorized by the City Council. Client shall pay the Provider in accordance with the fees set forth in Exhibit B, Tab 3. Client shall pay each respective invoice in accordance with the Florida Prompt Payment Act. 5. Termination. This Agreement may be terminated in accordance with Exhibit A, RFP #51-20, Terms and Conditions. 6. Insurance and Indemnification. Provider shall maintain, at its sole cost and expense, professional liability insurance with an insurer satisfactory to Client, per the requirements set forth in Exhibit A, RFP #51-20, Insurance Requirements. The Provider shall indemnify, defend and hold Client harmless from and against any and all losses, claims, damages, liabilities and expenses (including, without limitation, reasonable attorney’s fees) based upon, arising out of attributable to any acts or omissions arising from the Provider’s performance hereunder. 7. Licensure/Compliance. Provider warrants and represents that it is licensed to perform the services provided under this Agreement and shall maintain all such licenses for the duration of the Agreement. In addition, each Provider represents that the services provided hereunder are in compliance with any and all applicable federal and state statutes, laws and/or regulations. 8. Assignment. This Agreement shall not be assigned by Provider without the prior written consent of Client. 9. Governing Law. This Agreement shall be governed by and construed in accordance with laws of Florida. 10. Independent Contractors. For all purposes hereunder, the relationship between Client and Provider is solely that of independent contractors and this Agreement does not create a partnership, joint venture or other association between any of the Providers and Client. The employees and agents of Provider shall be considered to be under exclusive management and control of Provider. 11. Notices. Any and all notices sent pursuant to this Agreement shall be given in writing via certified mail or overnight courier and shall be delivered to the following addresses: To Provider: BayCare Urgent Care, LLC 711 S. Belcher Road To Client: City of Clearwater Municipal Services Building Clearwater, FL 33764 PO Box 4748 Attn: Nathan Keith Waldrep Clearwater FL 33758 Director, Physician Services Attn: Jill Paul Page 2 of 2 12. HIPAA Requirements. The parties agree to comply with the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. §1320d (“HIPAA”) and any current and future regulations promulgated thereunder including without limitation the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the “Federal Privacy Regulations”), the federal security standards contained in 45 C.F.R. Part 142 (the “Federal Security Regulations”), and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162, all collectively referred to herein as “HIPAA Requirements.” The parties agree not to use or further disclose any Protected Health Information (as defined in 45 C.F.R. §164.501) or Individually Identifiable Health Information (as defined in 42 U.S.C. §1320d), other than as permitted by HIPAA Requirements and the terms of this Agreement. To the extent applicable under HIPAA, each party shall make its internal practices, books, and records relating to the use and disclosure of Protected Health Information available to the Secretary of Health and Human Services to the extent required for determining compliance with the Federal Privacy Regulations. Each party agrees also to comply with any state law and regulations that govern or pertain to the confidentiality, privacy, security of, and electronic transactions and code sets related to, information related to patients. 13. Warranty of Non-Exclusion. Each party represents and warrants to the other that the party, its officers, directors and employees (i) are not currently excluded, debarred, or otherwise ineligible to participate in the federal health care programs as defined in 42 U.S.C. § 1320a-7b(f) (the "federal healthcare programs"), (ii) have not been convicted of a criminal offense related to the provision of healthcare items or services, and (iii) are not, to the best of its knowledge, under investigation or otherwise aware of any circumstances which may result in the party or any such individual being excluded from participation in the federal healthcare programs. This shall be an ongoing representation and warranty during the term of this Agreement and each party shall immediately notify the other of any change in the status of the representations and warranty set forth in this section. Notwithstanding any provision of this Agreement to the contrary, any breach of this section shall give the other party the right to terminate this Agreement immediately. 14. RFP Terms and Conditions. All standard terms and conditions set forth in RFP #51-20, Terms and Conditions, are incorporated by reference and included as part of Exhibit A. 15. Order of Precedence. Any inconsistency in documents relating to this Agreement shall be resolved by giving precedence in the following order: (i) this Agreement, including any amendments; (ii) Provider's response to RFP #51-20; and (iii) Request for Proposals #51-20, Employment Related Health Care Services. IN WITNESS WHEREOF, the Parties have set their hands the date and year first written above. BayCare Urgent Care, LLC 8452 118th Ave N Largo FL 33773 Nathan Keith Waldrep, M.D. Director, Physician Services Countersigned: CITY OF CLEARWATER ____________________________ ___________________________________ Frank Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ____________________________ ___________________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk   Page 1 of 2 Life Extension Clinics, Inc. EMPLOYMENT HEALTH SERVICES AGREEMENT THIS AGREEMENT, effective the 1st of January 2021, by and between Life Extension Clinics, Inc. (referred to as "LifeScan" or "Provider") and City of Clearwater (hereinafter referred to as "City" or "Client"). WHEREAS, the City selected Provider based on Request for Proposals #51-20, attached hereto as Exhibit A, and responses to RFP #51-20, attached hereto as Exhibit B. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: l. Scope of Services. Provider shall perform the services set forth in Exhibit A, Request for Proposals #51-20, Employment Related Health Care Services, specifically for Fire and Police Pre-Employment Physicals, Annual Physicals, and Fitness Evaluations. 2. Term. This Agreement shall be for a term one (1) year commencing on the 1st day of January 2021 and shall renew for two (2) additional one (1) year terms in accordance with Exhibit A, RFP #51-20, Milestones. 3. Changes. Any changes to this Agreement shall be made by mutual written consent of both Parties. 4. Compensation. Total compensation for all services shall not exceed $285,000 annually unless specifically authorized by the City Council. Client shall pay the Provider in accordance with the fees set forth in Exhibit B, Tab 3. Client shall pay each respective invoice in accordance with the Florida Prompt Payment Act. 5. Termination. This Agreement may be terminated in accordance with Exhibit A, RFP #51-20, Terms and Conditions. 6. Insurance and Indemnification. Provider shall maintain, at its sole cost and expense, professional liability insurance with an insurer satisfactory to Client, per the requirements set forth in Exhibit A, RFP #51-20, Insurance Requirements. The Provider shall indemnify, defend and hold Client harmless from and against any and all losses, claims, damages, liabilities and expenses (including, without limitation, reasonable attorney's fees) based upon, arising out of attributable to any acts or omissions arising from the Provider's performance hereunder. 7. Licensure/Compliance. Provider warrants and represents that it is licensed to perform the services provided under this Agreement and shall maintain all such licenses for the duration of the Agreement. In addition, Provider represents that the services provided hereunder are in compliance with any and all applicable federal and state statutes, laws and/or regulations. 8. Assignment. This Agreement shall not be assigned by Provider without the prior written consent of Client. 9. Governing Law. This Agreement shall be governed by and construed in accordance with laws of Florida. 10. Independent Contractors. For all purposes hereunder, the relationship between Client and Provider is solely that of independent contractors and this Agreement does not create a partnership, joint venture or other association between any of the Providers and Client. The employees and agents of Provider shall be considered to be under the exclusive management and control of Provider. 11. Notices. Any and all notices sent pursuant to this Agreement shall be given in writing via certified mail or overnight courier and shall be delivered to the following addresses: To Provider: Life Extension Clinics, Inc. d/b/a Life Scan Wellness Centers 1011 No. MacDill Ave Tampa FL 33607 Attn: Patricia Johnson, CEO To Client: City of Clearwater Municipal Services Building PO Box 4748 Clearwater FL 33758 Attn: Jill Paul Page 2 of 2 12. HIPAA Requirements. The Parties agree to comply with the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. §1320d ("HIPAA") and any current and future regulations promulgated thereunder including without limitation the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the " Federal Privacy Regulations"), the federal security standards contained in 45 C.F.R. Part 142 (the "Federal Security Regulations"), and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162, all collectively referred to herein as "HIPAA Requirements." The Parties agree not to use or further disclose any Protected Health Information (as defined in 45 C.F.R. §164.501) or Individually Identifiable Health Information (as defined in 42 U.S.C. §1320d), other than as permitted by HIPAA Requirements and the terms of this Agreement. To the extent applicable under HIPAA, each Party shall make its internal practices, books, and records relating to the use and disclosure of Protected Health Information available to the Secretary of Health and Human Services to the extent required for determining compliance with the Federal Privacy Regulations. Each Party agrees also to comply with any state law and regulations that govern or pertain to the confidentiality, privacy, security of, and electronic transactions and code sets related to, information related to patients. 13. Warranty of Non-Exclusion. Each party represents and warrants to the other that the party, its officers, directors and employees (i) are not currently excluded, debarred, or otherwise ineligible to participate in the federal health care programs as defined in 42 U.S.C. § 1320a-7b(f) (the "federal healthcare programs"), (ii) have not been convicted of a criminal offense related to the provision of healthcare items or services, and (iii) are not, to the best of its knowledge, under investigation or otherwise aware of any circumstances which may result in the party or any such individual being excluded from participation in the federal healthcare programs. This shall be an ongoing representation and warranty during the term of this Agreement and each party shall immediately notify the other of any change in the status of the representations and warranty set forth in this section. Notwithstanding any provision of this Agreement to the contrary, any breach of this section shall give the other party the right to terminate this Agreement immediately. 14. RFP Terms and Conditions. All standard terms and conditions set forth in RFP #51-20, Terms and Conditions, are incorporated by reference and included as part of Exhibit A. 15. Order of Precedence. Any inconsistency in documents relating to this Agreement shall be resolved by giving precedence in the following order: (i) this Agreement, including any amendments; (ii) Provider's response to RFP #51-20; and (iii) Request for Proposals #51-20, Employment Related Health Care Services. IN WITNESS WHEREOF, the Parties have set their hands the date and year first written above. Provider: Life Extension Clinics, Inc. Dba Life Scan Wellness Centers 1011 N MacDill Ave Tampa FL 33607 Patricia Johnson, CEO Countersigned: CITY OF CLEARWATER ____________________________ ___________________________________ Frank Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ____________________________ ___________________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk 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 #51-20 Employment Related Health Care Services August 18, 2020 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, September 17, 2020 to provide Employment Related Health Care Services. Brief Description: The City of Clearwater seeks a variety of health care services from provider(s), not limited to: employee physicals (pre-employment and fit for duty), drug and alcohol testing (reasonable suspicion, random and DOT), and occupational Fire and Police physicals. 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 Employment Related Health Care Services 2 RFP #51-20 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 17, 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 Employment Related Health Care Services 3 RFP #51-20 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 price, the unit price shall prevail unless obviously in error, as determined by the City. The City may INSTRUCTIONS Employment Related Health Care Services 4 RFP #51-20 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. The responsibility for implementing this policy rests with each individual who participates in the INSTRUCTIONS Employment Related Health Care Services 5 RFP #51-20 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 Employment Related Health Care Services 6 RFP #51-20 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, the criteria that will be evaluated and their relative weights are: Evaluation Criteria (proposal format pages 21-22) Points Background and Demonstrated Experience of Provider (Tab 2) 20 Scope of Services Available and Cost of Services (Tab 3) 25 Scheduling, Timeliness of Services, Reporting Capabilities (Tab 4) 25 Locations and Hours of Operation (Tab 5) 20 References (Tab 6) 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 on-site at a City location upon request. INSTRUCTIONS – EVALUATION Employment Related Health Care Services 7 RFP #51-20 i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not expect that the City will ask for best & finals 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 TIMELINE. Dates are tentative and subject to change. Release RFP: August 18, 2020 Advertise Tampa Bay Times: August 19, 2020 Responses due: September 17, 2020 Review proposals: September 18 – 30, 2020 Presentations (if requested): Week of October 12, 2020 Award recommendation: October 16, 2020 Council authorization: November 19, 2020 Contract begins: January 2021 TERMS AND CONDITIONS Employment Related Health Care Services 8 RFP #51-20 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 Employment Related Health Care Services 9 RFP #51-20 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 Employment Related Health Care Services 10 RFP #51-20 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, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The 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 and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 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 Employment Related Health Care Services 11 RFP #51-20 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 Employment Related Health Care Services 12 RFP #51-20 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 Employment Related Health Care Services 13 RFP #51-20 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 Employment Related Health Care Services 14 RFP #51-20 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 Employment Related Health Care Services 15 RFP #51-20 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 Employment Related Health Care Services 16 RFP #51-20 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 Employment Related Health Care Services 17 RFP #51-20 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. PROJECT GOAL. The City of Clearwater (City) desires to establish contract(s) with reputable providers, preferably in the Clearwater city limits, for the medical services outlined herein (i.e. clinic, medical office, hospital), for efficiency and consistency in providing quality services to potential and existing employees. Current pricing and services are included in Exhibit A BAYCARE and LIFESCAN Current Cost Amounts–2020. 3. SCOPE OF SERVICES. Pre-Employment Physicals: ➢ Estimated number of annual Pre-Employment Physicals: 180-250 All physical examinations will be conducted by a physician or physician assistant licensed in the State of Florida to practice general medicine. The examining physician may employ medical assistants. These physicals would include a medical history form; they are based on minimal physical requirements associated with the job description (not limited to height, weight, blood pressure, heart rate), audiogram, back screen (if required), and spirometry for lifeguards over the age of 18. Pre-Employment Drug Testing ➢ Estimated number of annual Pre-Employment Drug Testing’s: 170-250 Drug screening for specific positions; could include a dip, full panel, and/or DOT 5 (five) panel. Reasonable Suspicion Drug and Alcohol Testing ➢ Estimated number of annual Reasonable Suspicion Testing’s: 4 Screenings for both DOT/PHMSA and non-DOT/PHMSA employees; may occur at various times of the day, including nights and weekends, to include post-accident, and random drug or alcohol testing. Both quick dip and send-out are required, DOT requires 5 (five) panel drug screening while others are a regular panel. Random DOT/PHMSA – Safety Sensitive Drug and Alcohol Testing ➢ Estimated number of annual random 5 (five) panel drug tests: 102 ➢ Estimated number of annual random breath alcohol tests: 36 ➢ Estimated number of annual post-accident drug and alcohol tests: 3 Screenings may occur at various times of the day, including nights and weekends. All DOT/PHMSA testing, including pre-employment, reasonable suspicion and random, must be conducted in adherence with the DOT testing regulations, utilizing the Federal Drug Testing Custody and Control Form, a DOT-approved collector, a DOT Certified Medical Review Officer, and a certified laboratory. (DOT = Department of Transportation; PHMSA = Pipeline and Hazardous Materials Safety Administration) Fire and Police Pre-Employment and Annual Physical and Fitness Evaluations ➢ Estimated number of pre-employment physicals: 16 Fire and 16 Police ➢ Estimated number of annual NFPA 1582/1583 physicals: 196 Fire and 252 Police ➢ Estimated number of annual OSHA respirator testing: 196 Fire DETAILED SPECIFICATIONS Employment Related Health Care Services 18 RFP #51-20 Provider must be capable of performing a comprehensive physical, entailing all elements of the NFPA 1582 firefighter physical guidelines, the NFPA 1583 Wellness Fitness Initiative, and OSHA Respirator Testing. The current LifeScan pre-employment and annual physical examinations including but not limited to, ultrasound imaging assessments, extensive lab blood profiles, fitness evaluation, and a wellness plan including diet and nutritional analysis. Respondents in this category must be able to demonstrate that the proposed physicals meet or exceed the comprehensive nature of LifeScan physicals. 4. ADDITIONAL REQUIREMENTS. Selected provider must be available and willing to participate in hearings, arbitrations, or appeals associated with employee(s) who grieve test/results. 5. LOCATION(S). Proximity of health center/facilities to the City of Clearwater is a significant consideration of this RFP. A minimum of one (1) location, preferably in the Clearwater city limits, must be available 24 hours a day, seven (7) days a week, for post-crash, random, and reasonable suspicion alcohol and drug screening testing. 6. QUALIFICATIONS. Medical personnel must be properly licensed to provide required services within the state of Florida. 7. 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. 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 DETAILED SPECIFICATIONS Employment Related Health Care Services 19 RFP #51-20 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 #51-20 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. MILESTONES Employment Related Health Care Services 20 RFP #51-20 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. January 2021 through December 2021. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided herein. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year renewal are possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal. a. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this proposal and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. b. During the sixty (60) day period prior to the renewal anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. c. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for each one (1) year renewal term. RESPONSE ELEMENTS Employment Related Health Care Services 21 RFP #51-20 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, five (5) 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. Table of Contents: Identify contents by tab and page number TAB 1 - Letter of Transmittal. A brief letter of transmittal should include the following: 1. The proposer’s understanding of the work to be performed. 2. A positive commitment to perform the required services. 3. The names of key persons, representatives, project managers who will be the main contacts for the City. TAB 2 – Background and Demonstrated Experience of Provider. Include the following: 1. A statement of qualifications, abilities, experience and expertise in providing the requested services. a. A description of qualifications – professional, financial and otherwise – which are necessary to provide the City with the required services for the specified period of time; provide appropriate staffing, provide necessary resources, and show a history of demonstrated competence. b. An assessment of the provider’s abilities to meet the needs of the City, taking into consideration the requested services, additional services and/or expertise offered that exceed the requirements, or the provider’s inability to meet some of the requirements of the specifications. 2. Identification of professional medical staff initially assigned to the City. Resumes with relevant experience should be included. TAB 3 – Scope of Services Available and Cost of Services. Provide a detailed list of the specific services requested, as well as additional services that would be available to the City. Describe provider’s role and willingness to participate in any employee grievance as a result of testing process/results. Include the cost of each service and any supplemental information relative to the Scope of Services. TAB 4 - Scheduling, Timeliness of Services, Reporting Capabilities. Provide a detailed explanation for the following performance elements: 1. Explain the provider’s scheduling process, availability of appointments, and notification requirements. 2. Overview the provider’s timeliness of services – approximate wait times for patients/customers – and provide any available summarized patient survey feedback or comments. 3. Provide details regarding the nature of reporting capabilities available, the structure, delivery method(s), frequency, etc. TAB 5 – Locations and Hours of Operation. Provide a detailed list of the provider’s location(s), hours of operation, and other relevant information. TAB 6 – References. Provide a minimum of three (3) references, preferably from other public entities or companies in the region, for whom you have provided similar services. Include the RESPONSE ELEMENTS Employment Related Health Care Services 22 RFP #51-20 name of entity, contact person’s names, phone number, e-mail address, mailing address, type of service provided, and term of contract or dates services were provided. TAB 7 - Other Forms. The following forms should be completed and signed: 1. Exceptions/Additional Materials/Addenda form 2. Vendor Information form 3. Vendor Certification of Proposal form 4. Scrutinized Companies form(s) as required 5. Copies of licenses and/or certifications as required 6. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Employment Related Health Care Services 23 RFP #51-20 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 Employment Related Health Care Services 24 RFP #51-20 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 Employment Related Health Care Services 25 RFP #51-20 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 Employment Related Health Care Services 26 RFP #51-20 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 Employment Related Health Care Services 27 RFP #51-20 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 Employment Related Health Care Services 28 RFP #51-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #51-20, Employment Related Health Care Services Due Date: September 17, 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 #51-20, Employment Related Health Care Services Due Date: September 17, 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 ------------------------------------------------ --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #51-20, Employment Related Health Care Services Due Date: September 17, 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 #51-20, Employment Related Health Care Services Due Date: September 17, 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 ------------------------------------------------ BayCare Urgent Care LLC 711 S. Belcher Rd Clearwater, FL, 33764 Nathan Keith Waldrep, M.D. Chief Medical Officer Occupational Health | BayCare Urgent Care 711 S. Belcher Road Clearwater, FL, 33764 T. (727) 314-4851 C. (727) 642-3293Keith.Waldrep@BayCare.org BayCareUrgentCare.org Patrick (PJ) Penrose, UCMC Director, Urgent Care and Employer Services Occupational Health | BayCare Urgent Care 711 S. Belcher Road Clearwater, FL, 33764 C. (727) 642-6602Patrick.Penrose@BayCare.org BayCareUrgentCare.org RFP #51-20, Employment Related Health Care Services Thursday September 17, 2020 City of Clearwater - Procurement Division September 9th, 2020 Lori Vogel, CPPB Procurement Manager City of Clearwater 100 S Myrtle Ave Clearwater, FL, 33756-5520 Dear Ms. Vogel, BayCare Urgent Care (BUC) values the opportunity to provide occupational medicine services to the City of Clearwater (City). Our team has the necessary experience under similar arrangements with other governmental agencies and large employers, and we're confident we can provide a better solution for the City. Since its inception, BayCare Urgent Care has been driven by both integrity and quality service in the communities we serve. This letter will serve to guarantee our understanding of the requirements specified in this proposal. BayCare Urgent Care is integrated within the leading health care provider in Tampa Bay, BayCare Health Systems. What binds us together-across our divisions and business groups-is our mission of improving the health of all we serve. This is accomplished through community driven health care services that set the standard for high-quality, compassionate care. BayCare's Code of Conduct defines how we live and work: Trust, Dignity, Respect, Responsibility and Excellence. I trust that we are the right choice for your needs and ensure we will prioritize your requests and our commitment to you for a successful partnership. Patrick "PJ" Penrose Director | BayCare Urgent Care and Employer Services 711 S. Belcher Rd, Clearwater, FL, 33764 Table of Contents Mailing Label Cover Page Cover Letter Table of Contents Tab 1 - Letter of Transmittal 6 Understanding of the work 7 Key Representatives 9 Tab 2 - Background and Demonstrated Experience of Provider 10 Qualifications, Expertise and Experience 11 Identification of Professional Medical Staff 13 Organizational Chart 15 Resumes 16 Tab 3 - Scope of Services Available and Cost of Services 21 Scope of Services 22 Detailed Services Requested 23 Cost of Services 26 Pricing Matrix – General Employees 27 Pricing Matrix – Fire/Police Employees 30 Pricing Matrix – Additional A La Carte Services 33 Tab 4 - Scheduling, Timeliness of Services, Reporting Capabilities 35 Scheduling Process, Timeliness of Services, Reporting Capabilities 36 Tab 5 - Locations and Hours of Operation 37 Listing of Locations with Clinic Supervisor 38 Map of Clinics with Hours of Operations 41 Tab 6 – References 42 Quality/Customer Support Services 43 References 44 Tab 7 – Other Forms 45 Exceptions/Additional Materials/Addenda Form 46 Vendor Information Form 47 Vendor Certification of Proposal Form 47 Scrutinized Company Forms 49 Scrutinized Company Forms 50 Copies of Licenses and/or Certifications as Required 51 W-9 Form 61 LETTER OF TRANSMITTAL Tab 1 Understanding of the work to be performed/Positive Commitment BayCare Urgent Care (“BUC”) is under the leadership of Patrick (PJ) Penrose and Dr. Nathan Keith Waldrep, who are leaders in the urgent care and occupational medicine business. Our occupational health team consists of Dr. Christopher Lee who is our Medical Director of Occupational Medicine, Arlene Guzik, Director of Occupational Medicine, and a team of occupational health specialists who will focus on the care of your employees. Their combined experience includes over 30 years in servicing thousands of employers large and small, including municipalities; operating urgent care and occupational health centers, as well as providing on-site employee health clinics for pre-hire physical evaluations, drug testing, and treatment of work injuries. Our BUC team members and medical licensed specialists are ready to perform the needs of the City of Clearwater. With our team’s expertise and knowledge, BUC is now considered the leading provider of occupational health services in the Tampa Bay area. BayCare Urgent Care; formerly known as Morton Plant Mease Immediate Care, began offering employer services in 2002, with three locations in Pinellas and Pasco Counties. Today, BUC has nineteen locations in Pinellas, Pasco, Hillsborough and Polk Counties. With 7 clinics located in Pinellas County, BUC understands and is prepared to service all requirements of this bid. BUC has the necessary experience and a capable staff of board-certified physicians and clinicians to deliver quality post-offer, return-to-work, post-accident, reasonable suspicion, random, and periodic testing; drug and alcohol screenings; as well as any regulatory examinations and evaluations. We have the necessary experience with similar governmental agencies and large employers as indicated in our references. With the majority of BayCare Urgent Care clinics open 7 days a week, offering evening and weekend hours of operation, this helps to provide efficient access for any employers’ occupational health needs. This access also significantly reduces the need for a special response team afterhours for drug and alcohol testing. The use of the extended hours at our clinics will lead to an efficient process and cut the costs of the afterhours hourly service. Note, during the COVID pandemic, BUCs hours of operation have fluctuated based on business and community need. BUC is strategically aligned with BayCare Health Systems, a leading not-for-profit health care system that connects individuals and families to a complete range of preventive, diagnostic and treatment services for their health care needs. We provide a wide range of services with 300+ sites of care, 15 hospitals, and hundreds of convenient locations throughout the Tampa Bay and central Florida regions. In Pinellas County, we are part of the Morton Plant, Mease and St. Anthony’s Hospital network. Letter of Transmittal As part of the largest health care system in the region, our plan and expertise are perfectly designed to address the needs of this proposal. BUC offers a range of occupational health services to support the City of Clearwater in maintaining a healthy, safe workforce while reducing the overall cost of health care for your company and your employees. BayCare Urgent Care has earned the reputation as “provider of choice” for occupational medicine services in the greater Tampa Bay and Central Florida Region. All BayCare Urgent Care healthcare providers have participated in 4 hours of special training focused on occupational medicine services (including, fitness for duty and workers’ compensation). Each new provider is also required to participate in this training as part of their onboarding process. All permanent BUC providers are certified by the National Registry for Certified Medical Examiners to conduct DOT physical examinations. The BUC support team members also receive specialized training in order to execute a full array of occupational medicine services, including vision, hearing, spirometry, substance collections, and DOT physicals. Permanent support team members are certified in accordance with FMCSA standards for substance testing and breath alcohol testing. All facilities hold the DOH Medical Facility Radiation Machine Registration, State of Florida’s Health Care Clinic Establishment, CLIA certificate, DOH Permit, and UCA certificate. All standards, training and mentorship are facilitated by our clinical leadership and key personnel. They also serve as the first points of contact to provide training and guidance related to all occupational medicine services. Licenses and certifications can be provided upon request. BayCare Urgent Care acknowledges the understanding and ability to execute and meet all the services and requirements outlined in this RFP. BayCare possesses the required expertise and clinical experts to conduct the required physical examinations, clinical services and substance testing outlined in the RFP. All BayCare Urgent Care clinics are equipped to provide a full range of occupational health services, including but not limited to employment physicals, substance testing, medical surveillance testing and fitness for duty evaluations. Each clinic is replicated consistently with a standard set of equipment and supplies used in the execution of these services. Each clinic is capable of performing substance testing using a state-of-the-art electronic system for the custody and control form and for results reporting. BUC clinics are in full compliance for facility and collection integrity for drug and alcohol testing. The standards for both facility and collection integrity meet or exceed the standards set forth by the Department of Transportation. Key representatives who will be the main contact for the City of Clearwater are as follows: Patrick (PJ) Penrose, UCMC Nathan Keith Waldrep, M.D. Director, Urgent Care and Employer Services Chief Medical Officer Occupational Health | BayCare Urgent Care Occupational Health | BayCare Urgent Care 711 S. Belcher Road 711 S. Belcher Road Clearwater, FL, 33764 Clearwater, FL, 33764 C. (727) 642-6602 T. (727) 314-4851 C. (727) 642-3293 Patrick.Penrose@BayCare.org Keith.Waldrep@BayCare.org BayCareUrgentCare.org BayCareUrgentCare.org Jay Milliken Melissa Trippy, B.A. Regional Operations Manager Account Executive Occupational Health | BayCare Urgent Care Occupational Health | BayCare Urgent Care 711 S. Belcher Road 900 Carillon Pkwy Clearwater, FL, 33764 St. Petersburg, FL, 33176 T. (727) 314-4850 C. (727) 418-0992 T. (727) 314-4852 C. (941) 724-3318 Jasper.MillikenIII@BayCare.org Melissa.Trippy@BayCare.org BayCareUrgentCare.org BayCareUrgentCare.org BayCare Urgent Care values the opportunity to provide occupational medicine services to the City of Clearwater. We are confident we can provide a better solution for your employees and applicants. Whether its occupational health services, treatment of workplace injuries, or preventative care for your entire staff, we are here for you. Key Representatives BACKGROUND AND DEMONSTRATED EXPERIENCE OF PROVIDER Tab 2 At BayCare, we are creating a brand new health care model, whose foundation rests on recognizing and respecting each patient’s humanity; on displaying real compassion and real empathy; on meeting the needs of every community and every individual; and on providing quality care that is always available and easily accessible. Simply put, it’s a new prescription for the future of healthcare. BayCare Urgent Care (BUC) values the opportunity to provide occupational medicine services referenced in RFP #51-20, Employment Related Health Care Services Proposal for the City of Clearwater. BUC is proud to service several municipalities and governmental agencies, apart from thousands of employers within our footprint. BUC has been honored to have been selected as the provider for the City of Clearwater Employment Related Health Care Services for the past 3 years. The City of Clearwater will continue to benefit from an exceptional, patient-centered experience, with the added benefit of online reservations, additional access points, and extended hours for nights and weekends to fit their schedule. BayCare Urgent Care clinics are open extended hours during the week, including weekend hours, which provide a convenient resource for the purposes of substance testing when needed. Our clinic services are augmented by a 24-hour on-call service serviced by USA Mobile Drug Testing. They are our trusted after-hours on-call service for clients when there is a need for drug or alcohol testing. BUC provides a full scope of occupational health services and appropriate staffing, as required, for the scope of this RFP. The services may be provided at any BUC clinic location, or on-site at the employers designated locations. BUC is open 7 days a week which provides efficient access to drug and alcohol testing for reasonable suspicion and post-accident needs. Our extended hours significantly reduces the need to call for a special response team afterhours; leading to an efficient response and significant cost reduction by avoiding after hours fees. We are committed to helping the City of Clearwater maintain a healthy, safe workforce while reducing the overall cost of health care for your company and your employees. Whether its substance abuse testing, vaccinations, physicals and special evaluations/ consultations, clearance and evaluations, or review of medical records, we are here for you. Our conveniently located centers provide high-quality medical care and our BUC team members and medical licensed specialists are ready to perform the needs of this RFP. Our plan is designed specifically to address the proposal with services we provide by meeting your needs. Qualifications, Expertise and Experience To augment the services we provide, BUC holds contractual relationships with eScreen and Alere Laboratories for all drug screening services. With over 30 years of experience and multiple laboratory facilities dedicated to toxicology worldwide, Alere offers state-of-the-art technology, automated computer systems, and a skilled laboratory staff to ensure accurate analysis. Alere Laboratories are CLIA accredited, DEA registered, SAMHSA certified, US HHS approved, and Florida licensed. Through a contractual relationship, MRO services will be performed by a licensed AAMRO certified physician, Dr. Stephen Kracht, D.O. Dr. Kratch has years of experience servicing hundreds of clients in a similar capacity overseeing tens of thousands of tests in his career. He is well-versed and his operations are in compliance with NIDA/SAMHSA and State of Florida drug testing regulations. For the after-hours services needs of the City of Clearwater, BUC has sub-contracted with USA Mobile Drug Testing, a national organization with full-service coverage for on-site and after-hours substance testing. All collectors are certified breath alcohol technicians in compliance with 49 CFR Part 40 and certified DOT urine drug screen collectors. USA mobile drug testing services operate in compliance with both Florida and federal regulations related to drug and alcohol testing. They provide 24/7 mobile on-site drug and alcohol collections. We are confident that we will be able to meet or exceed the requirements and expectations outlined in the bid submission for the City’s medical services. Identification of Medical Staff BayCare Urgent Care has the necessary professional medical staff to service the City of Clearwater’s requirements as noted in RFP # 51-20. Resumes with relevant experience will be included. Listed below are the names of professional medical staff who will be assigned to the City. Dr. Nathan Keith Waldrep – Chief Medical Officer: Oversees team of Licensed Physicians, Nurse Practitioners, and Physician Assistants who staff our clinics. Phone: (727) 314-4851 | Email: Keith.Waldrep@BayCare.Org Arlene Guzik, – Director, Clinical Occupational Medicine Services: Provides clinical guidance over BayCare Urgent Care’s occupational health services. Phone: (727) 729-1936 | Email: Arlene.Guzik@BayCare.Org Dr. Christopher Lee – Director, Medical Occupational Medicine: Manages the care and management of all workers’ compensation cases and serves as an expert resource for clinicians regarding any occupational services. Phone: (727) 314-4848 | Email: Christopher.Lee@BayCare.Org Jay Milliken – Regional Operations Manager (West region): Oversees the BUC group of clinic supervisors, region coordinator and team members that run the day-to-day operations of the clinics. Responsible for establishing policies and procedures. Phone: (727) 314-4848 | Mobile: (813) 418-0992| Email: Jasper.MillikenIII@BayCare.org Lindsay Summer – Manager Clinical Operations: Supports the administration of Clinical Services and facilitates communication and training for the team of providers who staff the BUC clinics. Phone: (727) 314-4848 | Email: Lindsay.Summer@BayCare.Org Stephanie McCormick - Clinic Supervisor: Oversees clinic and team members at Clearwater, Walsingham and Carillon locations. Phone: (727) 330-7953 | Email: Stephanie.McCormick@baycare.org Brittany Stinson - Clinic Supervisor: Oversees clinic and team members at Northeast St Petersburg, Tyrone and St Pete Beach locations. Phone: (727) 317-3392 | Email: Brittany.Stinson@baycare.org Ashlee Doty - Clinic Supervisor: Oversees clinic and team members at Countryside and New Port Richey locations Phone: (727) 314-4742| Email: Ashlee.Doty@baycare.org Heather Joline – Clinic Support Coordinator (West Region): Works with the Regional Manager and Clinic Supervisors to coordinate projects and tasks needed to deliver exceptional care to customers. Coordinates clinic support systems, client account setup and special services with responsibility for float team members and onsite personnel. Phone: (727) 314-4848 | Email: Heather.Joline@BayCare.Org With the expertise and knowledge of our clinical team, BUC is confident in being the premiere provider of Occupational Medicine Services in the Tampa Bay area and able to meet or exceed your expectations for services outlined in this bid. BayCare Urgent Care Org Chart Jim Cote, Sr. VP PJ Penrose, Director –UC and Employer Services Jay Miliken,RegionalManager (West) Stephanie McCormick, Clinic Supervisor Clinic Staffs Brittany Stinson, Clinic Supervisor Clinic Staffs Ashley Doty, Clinic Supervisor Clinic Staffs Heather Joline, Clinic Support Coordinator Ginger Bibiloni, Regional Manager (East) Elizabeth Lecaros, Clinic Supervisor Clinic Staffs Emily Person, Clinic Supervisor Clinic Staffs Angela G. Wood, Clinic Supervisor Clinic Staffs Kong Chan, Clinic Supervisor Clinic Staffs Tricia Montes, Clinic Support Coordinator Keith Waldrep, MD, Director/CMO Christoper Lee, MD, Medical Director -OM Arlene Guzik, Clinical Director of Occupational Svs.Staff Physicians Lindsay Summer, Manager of Clinical Svs. ACPs Training Specialists NATHAN KEITH WALDREP, M.D. Chief Medical Officer Oversees team of licensed physicians, nurse practitioners, and physician assistants who staff our clinics. Education − 1992: Tallahassee Memorial Family Practice Program (Residency) − 1989: Carraway Methodist Medical Center (Internship) − 1989: University of Alabama School of Medicine, M.D. − 1984: Birmingham Southern College, B.S. in Chemistry − 1982: Walker College, A.S. in Chemistry Employment − 2014 - Present: BayCare Urgent Care – Chief Medical Officer − 1992-2014: Bayfront Convenient Care Clinics - Medical and Lab Director − 1990-1992: Patient’s First Walk-In Center Membership/Affiliations − BayCare Medical Group − BayCare Urgent Care − Urgent Care Advisory Member − Ambulatory Standards Committee − Joint Commission on Accreditation of Healthcare Organizations (JCAHO) Certifications − American Board of Family Practice BUC Resumes PATRICK J. PENROSE, CCIM, UCMC Director of Urgent Care and Employer Services Responsible for the overall establishing and implementing the strategy of the organization. Education − 2002: University of Florida - M.A Real Estate, Minor Building Construction − 2001: University of Florida - B.S Finance Employment − 2014 - Present: BayCare Urgent Care - Director of Operations − 2014-2014: Edwards Realty Group, LLC - Vice President − 2007-2013: Marcus Partners, Inc./MP Properties, LLC - VP/Development Director − 2006-2007: BVG Incorporated - Operations Coordinator/Project Manager − 2005-2006: VP Development Services, Inc. - Project Manager − 2002:2005: Echelon Development, LLC - Manager of Commercial Real Estate Certifications − Urgent Care Management Certificate – UCAOA − Certified General Contractor – Florida − Certified Commercial Investment Member –CCIM − Licensed Real Estate Salesperson – Florida CHRISTOPHER T. LEE, M.D., MSPH Medical Director of Occupational Medicine Manages the care and management of all workers’ compensation cases and serves as an expert resource for clinicians regarding any occupational services. Education − 2016: University of South Florida College of Public Health – M.S. in Public Health − 2010: University of Miami Miller School of Medicine – Doctor of Medicine − 2005: University of Texas – B.A. in Biology and Asian American Studies Medical Training − 2016: University of South Florida – Occupational Medicine Residency − 2013: University of Texas Southwestern – Anesthesiology Residency − 2011: University of California San Francisco-Fresno – Internal Medicine Internship Employment − 2016 - Present: BayCare Urgent Care – Medical Director of Occupational Medicine Membership/Affiliations − University of South Florida − Affiliate Assistant Professor College of Medicine − Affiliate Assistant Professor College of Public Health Certifications − Diplomate, American Board of Preventative Medicine – Specialty: Occupational and Environmental Medicine NORA “ARLENE” GUZIK, DNP, ARNP-BC, FAAOHN Director of Clinical Occupational Medicine Services Provides clinical guidance over BayCare Urgent Care’s occupational health services. Education − 2008: Case Western Reserve University – Doctorate of Nursing Practice (DNP) − 1988: West Virginia University – M.S. in Nursing, Nurse Practitioner (MSN) − 1983: Ohio University – B.S. in Nursing (BSN) Employment − 2016 - Present: BayCare Urgent Care – Director of Occupational Medicine Services − 2011-2016: Business Health Resources, Inc. – President − 2008-2016: Lakeside Occupational Medical Centers, Inc. – VP Operations − 1998-2008: Lakeside Occupational Medical Centers, Inc. – Director of Clinical Services Membership/Affiliations − American Association of Occupational Health Nurses, Inc. (AAOHN) − Florida State Association of Occupational Health Nurses, Inc. (FSAOHN) − Florida West Coast Association of Occupational Health Nurses, Inc. (FWCAOHN) − American Academy of Nurse Practitioners (AANP) − Florida Nurse Practitioner Network (FNPN) Certifications − American Association of Occupational Health Nurses, Inc. – Fellowship − American Board of Occupational Health Nurses – Certified Occupational Health Nurse Specialist − American Nurses Credentialing Center – Certified Adult Nurse Practitioner JASPER M. MILLIKEN, III R.T. Regional Operations Manager (West) Oversees the BUC group of clinic supervisors, region coordinator and team members that run the day-to-day operations of the clinics. Responsible for establishing policies and procedures. Education − 1981: Aquinas College School of Radiology – A.S. Employment − 2006 – Present: BayCare Urgent Care – Regional Operations Manager − 2004-2006: JSA Healthcare – Operations Manager − 2003-2004: Impulse Products – Lead Sales − 1985-2003: Bayfront Convenient Care Clinics – Urgent Care General Manager Certifications − American Registry of Radiologic Technologists − American Society of Radiologic Technologists − State of Florida Certified Radiologic Technologist − Management Executive Belt - BayCare Healthcare T SCOPE OF SERVICES AVAILABLE AND COST OF SERVICES Tab 3 Tab 3 Scope of Services Available BayCare Urgent Care (BUC) provides a full scope of occupational health services as required for the RFP. The services may be provided at any BUC clinic location, or on-site at the employers designated locations. Under the leadership of Patrick “PJ” Penrose and Keith Waldrep, M.D., acknowledges, agrees and understands the requirements of the intent of the proposal and is fully prepared, in accordance with the operational plan below, to provide services to City of Clearwater employees and potential employees as described in the Request for Proposal. Dr. Waldrep is responsible for the clinical and professional compliance of all BUC clinics and services and also serves as the primary mentor for all BUC healthcare professionals, and serves to integrate the services of the urgent care clinics with other BayCare services and medical professionals. BayCare’s specialty services of occupational medicine are provided under the leadership of Arlene Guzik, DNP, ARNP-BC. Dr. Guzik will assume responsibility for the training of all team members and healthcare providers involved in the delivery of services, and will guide and direct the implementation processes. She will provide ongoing mentorship and guidance, and act as a key resource to BayCare Team Members, the BayCare healthcare providers and to the City of Clearwater, as needed. Christopher Lee, M.D., MPH, Board Certified in Occupational Medicine will provide medical oversight for the City of Clearwater occupational physical exams and drug testing services. Both Physicians have had specialty residency training provided with clinical knowledge and expertise encompassing a full array of occupational medicine services. As a board certified occupational medicine physicians, Dr. Lee will assist with the training and ongoing mentorship of BUC healthcare professionals and serve to provide leadership, management and supervision as the clinical expert related to this scope of work. All BUC professionals have participated in a structured training process related to the delivery of occupational medicine services, including complex decision making regarding fitness for duty. If awarded the bid for this RFP, BUC agrees to participate in any employee grievance as a result of testing process/results. BUC offers a range of occupational health services to support the City of Clearwater in maintaining a healthy, safe workforce while reducing the overall cost of health care for your company and your employees. Whether its substance abuse testing, treatment of workplace injuries, fitness for duty evaluation or vaccinations for your entire staff, we are here for you. Our conveniently located centers provide high-quality medical care and our BayCare Urgent Care team members and medical licensed specialists are ready to perform the needs of this RFP for the City of Clearwater. Our plan is designed specifically to address the proposal with services we provide by meeting your needs. If selected, BUC will enter the City of Clearwater into our Accounts Database containing the details for the services to be performed; ensuring consistency across our organization and timely communication. A detailed description of how BUC will perform each of the general and specific tasks is outlined below: Pre-Employment Physicals: All physical examinations will be conducted by a board certified healthcare provider licensed in the State of Florida. The patient will complete a brief questionnaire relating to their medical history that is based on minimal physical requirements associated with the job description (not limited to height, weight, blood pressure, heart rate). For audiometry testing, the patient will complete questionnaire relating to their hearing. Each ear will be tested with an audiometer to identify the minimum dB response level at 7 different frequencies. A spirometer will be used to measure the pulmonary function of the employee (lifeguards over the age of 18). After screening history to determine it is safe to proceed, a closed box with a predetermined amount of weight will be used to test patient’s lifting abilities and perform back screen, if requested. Patient must demonstrate the ability to lift the box from floor to counter while using proper body mechanics. Both history and physical exam will be used to screen for arm/shoulder function. Physical exam will include strength and range of motion in all planes. These tests will be performed by a certified medical assistant. Results of the exams will be provided to the Designated Employer Representative (DER) by preferred method of delivery. Pre-Employment Drug Testing: BUC serves as the collector for all substance testing services and has chosen to partner with Alere Laboratories as our substance testing laboratory. With over 30 years of experience and multiple laboratory facilities dedicated to toxicology worldwide, Alere Toxicology offers state-of-the-art technology, automated computer systems, and a skilled laboratory staff to ensure accurate analysis. Alere laboratories are CLIA accredited, DEA registered, SAMHSA certified, US HHS approved and Florida licensed. Detailed Services Requested For the urine for drugs of abuse test, the test will be administered following detailed specifications. This test will be performed for both full panel and DOT drug screening. Drugs tested for on a 5-panel are amphetamines, cocaine, marijuana, opiates, and phencyclidine (PCP). BUC can utilize a rapid 5- panel test to expedite the reporting of negative results. These tests will be performed by a certified drug screen collector. Results of the exams will be provided to the Designated Employer Representative (DER) by preferred method of delivery. All non-negative results will be sent to the lab for confirmation testing and MRO review. Reasonable Suspicion Drug and Alcohol Testing: Similar to the pre-employment drug testing standards noted above, BUC is committed to perform screenings for both DOT/PHMSA and non-DOT/PHMSA employees. BUC understands that these may occur at various times of the day, including nights and weekends, to include post-accident and random drug or alcohol testing. Options for a full panel, and DOT are all available to the City. Results of the exams will be provided to the Designated Employer Representative (DER) by preferred method of delivery. Random DOT/PHMSA – Safety Sensitive Drug and Alcohol Testing: BayCare Urgent Care is proud to partner with Alere Toxicology to perform Department of Transportation (DOT)/ PHMSA drug and alcohol testing. Alere electronically process drug tests for DOT-regulated employees. “Combined with online test management platforms, the use of an electronic chain of custody form drives protocol consistency, helps reduce costs, and modernizes administrative functions at the point of collection.” (aleretoxicology.com) Within our drug screening portal; myescreen, the City will be able to customize their own random selector at the frequency desired by client. Alcohol Testing: BayCare’s breath alcohol machine maintenance and calibration meets the manufacturer recommendations. This includes accuracy checking and biannual manufacturer recertification and inspection. All BayCare drug and alcohol technicians are trained and certified consistent with the Department of Transportation standards. Results of the exams will be provided to the Designated Employer Representative (DER) by preferred method of delivery. Additional Services: BayCare Urgent Care has a full range of occupational healthcare services that we can provide to the City of Clearwater in addition to the above noted services. These can include titers/vaccinations, diagnostic testing and laboratory testing. BayCare also offers health and wellness services for the evaluation of health, wellness and fitness concerns. Health coaches are available for special consultations or interventions for specific disease management and health improvement initiatives. *Pricing Detailed on the following page Cost of Services General Employees – Pricing Matrix Description Pricing Group A; includes the following: $86.00 Physical Examination Medical History Form Vision Test Audiogram Group B; includes the following: $124.00 Physical Examination Medical History Form Vision Test Audiogram DOT Drug test - 5 panel Group C; includes the following: $38.00 Rapid Drug Screen ONLY - 5 panel Group D; includes the following: $30.00 Back Screen Only (50 lb test) Group E; includes the following: $150.00 Medical History Form Vision Test Audiogram Back Screen (25 lb test) Rapid 5 Panel Drug Test Group F; includes the following: $86.00 Vision - Distance Audiogram Rapid 5 Panel Drug Test Group G; includes the following: $66.00 Spirometry Rapid 5 Panel Drug Test Group H; includes the following: $152.00 Physical Examination Medical History Form Vision Test Audiogram Spirometry 5 Panel Drug Test Group I; includes the following: $83.00 Physical Examination Medical History Form Vision Test (Far, Gross, Color, Peripheral) PCLB Form (Pinellas County Licensing Board - we provide) Group J; includes the following: $66.00 Spirometry 5 Panel Drug Test (send out) Group K; includes the following: $124.00 Physical Examination Medical History Form Vision Test Audiogram 5 Panel Drug Test (send out) Group L; includes the following: $124.00 Physical Examination Medical History Form Vision Test - Distance Audiogram 5 Panel Drug Test (send out) 5 Panel Drug Test (Pre-employment) $38.00 Rapid 5 Panel Drug Test (Pre-employment) $38.00 5 Panel DOT Drug Test (Pre-employment) $38.00 Reasonable: 5 Panel Instant Test $38.00 5 Panel laboratory-based $38.00 Random DOT/PHMSA-Safety Sensative Drug and Alcohol Testing: 5 Panel DOT drug test $38.00 Breath Alcohol/Breath Alcohol Confirmation $30.00/$30.00 Ala Carte Testing: Back Screen $30.00 Audiogram $28.00 OSHA Respirator Medical History Questionnaire $20.00 Spirometry $28.00 Return to Work Physical Only (includes review of prior medical notes) $75.00 PPD TB Test $15.00 Rapid Drug Test $38.00 5 Panel Drug Test $38.00 Fire/Police Employees – Pricing Matrix Description Pricing Police and Fire Physical Examination Annual and Pre-Employment Includes no bid Physical Exam (NFPA 1582) no bid Vision (Titmus) no bid Hearing Exam no bid Skin cancer assessment no bid Personal consultation with review of testing results no bid Cardio Pulmonary Assessment no bid Resting EKG no bid Treadmill Stress Test with EKG no bid Pulmonary Function Test no bid Ultrasound Imaging Studies no bid Echocardiogram (Heart Ultrasound) no bid Aorta and Aortic Valves Ultrasound no bid Carotid Arteries Ultrasound no bid Thyroid Ultrasound no bid Liver, Pancreas, Gall Bladder, Spleen, & Kidney Ultrasounds no bid Bladder Ultrasound no bid Pelvic Ultrasound for Women (external, ovaries and uterus) no bid Testicular Ultrasound for men no bid Prostate Ultrasound for men no bid Blood and Laboratory Test no bid Hemoccult test no bid Urinalysis no bid Lipid panel no bid Diabetes test (hemoglobin A1C and Glucose) no bid Complete Blood Count no bid Comprehensive Metabolic Panel no bid TSH Thyroid no bid PSA (men) no bid CA-125 (women) no bid Testosterone (men) no bid Fitness Evaluation (NFPA 1583/WFI Guidelines) no bid VO2 Max Calculation no bid Muscular Endurance Testing no bid Muscular Strength Testing no bid Body Fat Test no bid Flexibility Test no bid Nutrition and Diet Recommendations no bid Personal Fitness Recommendations no bid Medical Clearances no bid OSHA Respirator Medical Clearance no bid Medical Clearances no bid Line Item Additional Tests Available As Needed for Police/Fire Annual and Pre-Employment QuantiFeron Gold TB Blood Test no bid Chest X-Ray with Radiologist review no bid Lumbar X-Ray with Radiologist review no bid Hepatitis A Test no bid Hepatitis B Test no bid Hepatitis B Titer no bid Hepatitis C Test no bid PPD TB Skin Test no bid HIV Gen 4 no bid Drug Test (not-DOT, Dip Test) no bid ABO Blood Type no bid OSHA Respirator Mask Fit Test (Portacount) no bid Cholinesterase and Heavy Metals (Hazmat) no bid Tetanus/DP (Based on Current Market cost) no bid Nicotine/Cotinine Screening no bid Hepatitis Vaccines each shot (A=2 shot series, B=3 shot series) (Based on current market costs) no bid Location Options: no bid On-site (location provided by the Fire/Police Department) no bid Pinellas County Wellness Center no bid Tampa Wellness Center no bid Fire Drug Testing - 10 Panel $42.00 Amphetamine Cocaine THC (marijuana) Meth Amphetamine Opioids PCP Benzos Barbiturates MTD - Methadone MDMA - Molly, Ecstasy Police Drug Testing - 7 Panel $42.00 Opioids MDMA - Molly, Ecstasy Cocaine Amphetamine Meth Amphetamine THC (marijuana) PCP Additional A La Cart Services – Pricing Matrix Additional A La Cart Services - City of Clearwater Each Pricing Hep A - 2 shots Each $ 90.00 Hep B - 3 shots Each $ 75.00 TwinRX - Hep A + B - 3 shots Each $ 140.00 Tdap Vaccine Each $ 55.00 Tetanus toxoid vaccine Each $ 35.00 MMR Vaccine Each $ 150.00 Varicella Vaccine Each $ 90.00 Hepatitis A Antibody Each $ 35.00 Hepatitis B Antibody Each $ 35.00 Varicella Vaccine - immunity check Each $ 38.00 Varicella Titer Each $ 38.00 MMR Titer Each $ 70.00 Respirator Mask Fit Test Each $ 25.00 Audiogram Each $ 25.00 Vision Each $ 20.00 Pulmonary Function/Spirometry Each $ 25.00 EKG Each $ 25.00 Cardiac Stress Test - treadmill Each $ 250.00 Urinalysis Each $ 25.00 Chest X-Ray - 1 view Each $ 50.00 Chest X-Ray - 2 views Each $ 65.00 Respirator Physical - Initial Each $ 100.00 Respirator Physical - OSHA Medical Questionnaire Review Each $ 45.00 Group M - Annual Screening Each $ 78.00 Admin Fee - Out of Area Medical Services Each $ 75.00 Optional - No Show Fee for After Hours Random Drug Screen Each $ 100.00 After Hours Collection Fee $150 per first hour, $50 per hour thereafter Onsite Collection Fee $150 per first hour, $50 per hour thereafter, In addition to test fee. Price for one collector - Each additional collector $50 per hour SCHEDULING, TIMELINESS OF SERVICES, REPORTING CAPABILITIES Tab 4 Scheduling Process, Timeliness of Service & Reporting Capabilities Scheduling Process: City Employees will have the ability to schedule appointments, number/ days, same day, next day appointments outside business hours. In order to provide efficient service and to mitigate waiting periods, scheduled appointments are preferred. We also offer phone scheduling with 24 hours or less notice at our convenient locations, with ample parking. In addition, most locations are open seven days a week with extended hours. For complex physical services or a bulk of 10-20 appointments per day, coordination will be scheduled through clinic Supervisor. Timeliness of Services: With scheduled appointments, wait times average 10-20 minutes. BUC has a tracking method to measure this in real-time as well as in retrospective reports. This metric is monitored on a daily basis and operations are adjusted accordingly in an attempt to create the best patient experience. Registration paperwork can be provided prior to scheduled appointments in order to reduce in-clinic time for the patient. Reporting capabilities available/delivery methods: BUC has the necessary I.T. resources to set-up and utilize an electronic mail system (e-mail) compatible with City of Clearwater. As requested, all reports and other necessary documentation will be utilized through this system. Drug screen results are obtained via our vendor’s drug screening portal. LOCATIONS AND HOURS OF OPERATION Tab 5 WWW.BAYEURGENTCARE.ORG BayCare Urgent Care and Occupational Medicine Page 1 of 3 Thank you for choosing BayCare Urgent Care. For patient care or clinical questions, please contact the urgent care location where the patient is scheduled or has been seen. For questions about your account or available services, please contact your account executive. ACCOUNT EXECUTIVE TEAM HILLSBOROUGH & POLK CTY: MARIA QUANT Phone: 813-559-8295/ 813-585-0855 Fax: 813-999-8874 Email: Maria.Quant1@BayCare.org PINELLAS & PASCO COUNTY: MELISSA TRIPPY Phone: 727-314-4852 Fax: 813-999-8875 Email: Melissa.Trippy@baycare.org ACCOUNT SPECIALIST: ECYL ISA Phone: 727-561-2402 Email: Ecyl.Isa@baycare.org OPERATIONS TEAM HILLSBOROUGH & POLK CTY: GINGER BIBILONI Regional Operations Manager T: 813-533-7961 M: 813-431-3739 Fax: 727-333-6058 Email: Ginger.Bibiloni@Baycare.org PINELLAS & PASCO COUNTY: JAY MILIKEN Regional Operations Manager T: 727-314-4848 M: 813-418-0992 Fax: 727-333-6058 Email: Jasper.MillikenIII@baycare.org HILLSBOROUGH & POLK CTY: TRICIA R. MONTES Clinic Support Coordinator T: 813-586-7523 M: 727-424-8774 F: 727-333-6058 Email: Tricia.Montes@Baycare.org PINELLAS & PASCO COUNTY: HEATHER JOLINE Clinic Support Coordinator T: 727-314-4848 Fax: 727-333-6058 Email: Heather.Joline@baycare.org Page 2 of 3 HILLSBOROUGH COUNTY LOCATIONS BLOOMINGDALE 2442 Bloomingdale Ave. Valrico, FL 33596 Phone: (813) 586-8686 Fax: (813) 605-6089 Monday to Friday: 8am to 8pm Saturday: 9am to 6pm Closed Sundays Supervisor: Angela G. Wood Email: Angela.Wood@baycare.org Direct Line: 813-586-7524 BUC_Bloomingdale@BayCare.org CARROLLWOOD 11921 N. Dale Mabry Hwy, Ste7 Tampa, FL 33618 Phone: 813-609-3635 Fax: 813-999-8833 Monday to Friday: 8am to 8pm Saturday and Sunday: 9am to 6pm Supervisor: Emily Person Email: Emily.Person@baycare.org Direct Line: 813-533-3484 BUC_Carrollwood@BayCare.org NEW TAMPA 17512 Dona Michele Drive, Ste 5 Tampa, FL 33647 Phone: 813-533-3494 Fax: 813-605-5061 Monday to Friday: 8am to 8pm Saturday and Sunday: 9am to 6pm Supervisor: Emily Person Email: Emily.Person@baycare.org Direct Line: 813-533-3484 BUC_NewTampa@BayCare.org RIVERVIEW 10125 Big Bend Rd. Riverview, FL. 33578 Phone: (813) 605-3200 Fax: (813) 605-6088 Monday to Friday: 8am to 8pm Saturday and Sunday: 9am to 6pm Supervisor: Angela G. Wood Email: Angela.Wood@baycare.org Direct Line: 813-586-7524 BUC_Riverview@BayCare.org SOUTH TAMPA 1155 S. Dale Mabry Hwy, Ste7 Tampa, FL 33629 Phone: 813-609-3666 Fax: 813-999-8832 Monday to Friday: 8am to 8pm Saturday and Sunday: 9am to 6pm Supervisor: Elizabeth Lecaros Email: Elizabeth.Lecaros@baycare.org Direct Line: 813-609-4180 BUC_SouthTampa@BayCare.org TAMPA 3440 W. Dr. MLK Blvd, Ste 100 Tampa, FL 33607 Phone: 813-559-1888 Fax: 813-999-8862 Monday to Friday: 8am to 6pm Saturday and Sunday: Closed Weekends Supervisor: Elizabeth Lecaros Email: Elizabeth.Lecaros@baycare.org Direct Line: 813-609-4180 BUC_Tampa@BayCare.org VALRICO 2016 SR 60 E Valrico, FL 33594 Phone: 813-502-5666 Fax: 813-999-8835 Monday to Friday: 8am to 8pm Saturday and Sunday: 9am to 6pm Supervisor: Angela G. Wood Email: Angela.Wood@baycare.org Direct Line: 813-586-7524 BUC_Valrico@BayCare.org WATERS 6909 W. Waters Ave Tampa, FL 33634 Phone: 813-609-6835 Fax: 813-999-8834 Monday to Friday: 8am to 8pm Saturday and Sunday: 9am to 6pm Supervisor: Elizabeth Lecaros Email: Elizabeth.Lecaros@baycare.org Direct Line: 813-609-4180 BUC_waters@baycare.org POLK COUNTY LOCATIONS HAINES CITY 36245 US Highway 27 Haines City, FL 33844 Phone: 863-866-9933 Fax: 863-229-7556 Monday to Friday: 8am to 8pm Saturday and Sunday: 9am to 6pm Supervisor: Kong Chang Email: Kong.Chang@baycare.org Direct Line: 863-866-9927 BUC_HainesCity@BayCare.org SOUTH LAKELAND 2645 S. Florida Ave. Lakeland, Florida 33803 Phone: (863) 606-6880 Fax: (863) 229-7592 Monday to Friday: 8am to 6pm Saturday: 9am to 6pm; Closed Sundays Supervisor: Kong Chang Email: Kong.Chang@baycare.org Direct Line: 863-866-9927 BUC_SouthLakeLand@BayCare.org WINTER HAVEN 400 1st St. North Winter Haven 33881 Phone: 863-299-2420 Fax: 863-299-2460 Monday to Friday: 8am to 8pm Saturday and Sunday: 9am to 6pm Supervisor: Kong Chang Email: Kong.Chang@baycare.org Direct Line: 863-866-9927 BUC_WinterHaven@BayCare.org Page 3 of 3 PINELLAS COUNTY LOCATIONS CARILLON 900 Carillon Parkway, Suite 106 St. Petersburg, FL 33716 Phone: (727) 561-2670 Fax: (727) 333-6231 Monday to Friday: 8am to 6pm Saturday and Sunday: Closed Weekends Supervisor: Stephanie McCormick Email: Stephanie.McCormick@baycare.org Direct Line: 727-330-7953 BUC_Carillon@baycare.org CLEARWATER 711 S Belcher Road Clearwater, FL 33764 Phone: 727-314-4848 Fax: 727-333-6053 Monday to Friday: 8am to 8pm Saturday and Sunday: 9am to 6pm Supervisor: Stephanie McCormick Email: Stephanie.McCormick@baycare.org Direct Line: 727-330-7953 BUC_Clearwater@BayCare.org COUNTRYSIDE 3351 N McMullen Booth Rd Clearwater, FL 33761 Phone: 727-314-4774 Fax: 727-333-6052 Monday to Friday: 8am to 8pm Saturday and Sunday: 9am to 6pm Supervisor: Ashlee Doty Email: Ashlee.Doty@baycare.org Direct Line: 727-314-4742 BUC_Countryside@BayCare.org LARGO 13670 Walsingham Rd. Largo, FL 33774 Phone: 727-593-9848 Fax: 727-596-4532 Monday to Friday: 8am to 8pm Saturday and Sunday: 9am to 6pm Supervisor: Stephanie McCormick Email: Stephanie.McCormick@baycare.org Direct Line: 727-330-7953 BUC_Walsingham@BayCare.org NE ST PETE 2331 4th Street North St. Petersburg, FL 33704 Phone: 727-914-8566 Fax: 727-533-5991 Monday to Friday: 8am to 8pm Saturday and Sunday: 9am to 6pm Supervisor: Brittany Stinson Email: Brittany.Stinson@baycare.org Direct Line: 727-317-3392 BUC_NEStPete@BayCare.org ST PETE BEACH 6455 Gulf Blvd St. Pete Beach, FL 33706 Phone: 727-220-1133 Fax: 727-333-6139 Monday to Friday: 9am to 7pm Saturday and Sunday: 9am to 6pm Supervisor: Brittany Stinson Email: Brittany.Stinson@baycare.org Direct Line: 727-317-3392 BUC_StPeteBeach@BayCare.org TYRONE 1599 66th Street N St. Petersburg, FL 33710 Phone: 727-317-3388 Fax: 727-333-6107 Monday to Friday: 8am to 8pm Saturday and Sunday: 9am to 6pm Supervisor: Brittany Stinson Email: Brittany.Stinson@baycare.org Direct Line: 727-317-3392 BUCTyrone@BayCare.org PASCO COUNTY LOCATIONS NEW PORT RICHEY 4821 US Hwy 19, Suite 5 New Port Richey, FL 34652 Phone: 727-807-7176 Fax: 727-266-4936 Monday to Friday: 8am to 8pm Saturday and Sunday: 9am to 6pm Supervisor: Ashlee Doty Email: Ashlee.Doty@baycare.org Direct Line: 727-314-4742 BUC_NewPortRichey@BayCare.org : BayCare Urgent Care Locations HILLSBOROUGH COUNTY Bloomingdale *Closed Sundays 2442 Bloomingdale Ave. Valrico, FL 33596 Phone: (813) 586-8686 Fax: (813) 605-6089 Carrollwood 11921 N. Dale Mabry Hwy., Ste. 7 Tampa, FL 33618 Phone: (813) 609-3635 Fax: (813) 999-8833 New Tampa 17512 Dona Michelle Drive, Ste. 5 Tampa, FL 33647 Phone: (813) 533-3494 Fax: (813) 605-6051 Riverview 10125 Big Bend Rd. Riverview, FL. 33578 Phone: (813) 605-3200 Fax: (813) 605-6088 South Tampa 1155 S. Dale Mabry Hwy., Ste. 7 Tampa, FL 33629 Phone: (813) 609-3666 Fax: (813) 999-8832 Tampa *Closed Weekends 3440 W. Dr. MLK Blvd., Ste. 100 Tampa, FL 33607 Phone: (813) 559-1888 Fax: (813) 999-8862 Valrico 2016 E. State Road 60 Valrico, FL 33594 Phone: (813) 502-5666 Fax: (813) 999-8835 Waters 6909 W. Waters Ave. Tampa, FL 33634 Phone: (813) 609-6835 Fax: (813) 999-8834 PASCO COUNTY New Port Richey 4821 US Hwy. 19, Ste. 5 New Port Richey, FL 34652 Phone: (727) 807-7176 Fax: (727) 266-4936 PINELLAS COUNTY Carillon ***Closed Weekends 900 Carillon Parkway Suite 106 St. Petersburgh, FL 33707 Phone: (727) 561-2670 Fax: (727) 333-6231 Clearwater 711 S. Belcher Rd. Clearwater, FL 33764 Phone: (727) 314-4848 Fax: (727) 333-6053 Countryside: 3351 N McMullen Booth Rd. Clearwater, FL 33761 Phone: (727) 314-4774 Fax: (727) 333-6052 Largo/ Walsingham 13670 Walsingham Rd. Largo, FL 33774 Phone: (727) 593-9848 Fax: (727) 596-4532 NE St. Pete 2331 4th Street North St. Petersburg, FL 33704 Phone: 727-914-8566 Fax: 727-533-5991 St. Pete Beach ** 6455 Gulf Blvd. St. Pete Beach, FL 33706 Phone: (727) 220-1133 Fax: (727) 333-6139 Tyrone 1599 66th St. N. St. Petersburg, FL 33710 Phone: (727) 317-3388 Fax: (727) 333-6107 POLK COUNTY Haines City 36245 US Hwy. 27 Haines City, FL 33844 Phone: (863) 866-9933 Fax: (863) 229-7556 South Lakeland *Closed Sundays 2645 S. Florida Ave. Lakeland, FL 33803 Phone: (863) 606-6880 Fax: (863) 229-7592 Winter Haven 400 1st Street North Winter Haven, FL 33881 Phone: (863) 299-2420 Fax: (863) 299-2450 Clinic Hours: Monday-Friday, 8am-8pm (unless indicated) Weekend Hours: Saturday-Sunday, 9am-6pm **St. Pete Beach weekday hours are Monday-Friday, 9am-7pm ***Carillon and South Lakeland weekday hours are Monday-Friday, 8am-6pm Hours are temporary during the COVID-19 pandemic. REFERENCES Tab 6 BayCare Urgent Care takes pride on the importance of the patient experience. Part of BayCare Health Systems, we strive to exceed our customers’ expectations with communication, quality of care and convenience. We have worked very closely with many large companies who would be proud to serve as references of our work. BUC has listed three references who have continued their service with our team and who we provide direct services that are required of this bid. Not only do we need to meet our patient’s needs and expectations but we need to continue that experience to our employers’. We provide this experience by abiding with the following: Customer Service: BUC’s key administrators have a long standing, positive reputation in the community for their customer experience and quality patient care. Our goal has always been to exceed expectations from the moment our patients walk in our door all the way to them being discharged. Hospitality has been a main focus within our organization and we believe that our facilities, staff and experience will help to earn the respect and business of the City of Clearwater. We have continued to listen to our patients needs and accommodate their expectations when it comes to quality of care and we believe that our experience and the adaptability of an ever changing market would align perfectly with this bid. Quality: Your employees will be treated by experienced clinicians and board certified physicians, well-versed in Occupational Health, who are committed to providing quality care and excellent customer service. All BUC locations are fully equipped to provide a total care experience including digital X-rays, lab work, EKGs and medication dispensing for convenience. To improve efficiency, all BUC locations have the necessary equipment on-site to perform the general physical examinations, eliminating the need for additional appointments and expediting results. Assurance: We are familiar with necessary privacy practices, governmental regulations and other compliance requirements. This includes, adhering to state and federal laws and regulations. As part of BayCare Health Systems, the premier community-based health care system in Tampa Bay, we are equipped to handle the volume, provide the required services and represent the City in any legal matters. Control: We appreciate that time is money, and aim to treat your employees as efficiently as possible. Treatment is monitored throughout your employee’s care and we aim to provide seamless service at a competitive rate. Exams can be performed at any of our 19 locations. All evaluations will be performed by one of our Licensed Physicians or Nurse Practitioner under the direction of a Licensed Physician. BUC has the necessary resources to provide an evaluation resulting from the requirements as described in the RFP. Quality/ Customer Support Services Current Clients: Pinellas County Sheriff’s Office  Contact Name: Lori Pereira, Human Resources Manager  Email: Lpereira@pcsonet.com  Phone: (727) 582-6783  Address: 10750 Ulmerton Rd, Largo, FL, 33778  Dates: 7/2015 – Present  Type of Service: Workers’ Compensation care, Substance Testing, Post Hire and Annual Physicals, Diagnostic Testing, Vaccinations and Laboratory Testing City of Dunedin  Contact Name: Theresa Smalling, Director of Human Resources and Risk Management  Email: tsmalling@dunedinfl.net  Phone: (727) 298-3042  Address: 550 Laura Lane, Dunedin, FL,  Dates: 7/2016 – Present  Type of Service: Workers’ Compensation care, Substance Testing, Post Hire and Annual Physicals, Regulatory Testing, Diagnostic Testing, Vaccinations, Laboratory Testing and Supervisor Training. Hillsborough County BOCC  Contact Name: Ron Simon, Talent Acquisition Manager  Email: SimonR@HillsboroughCounty.org  Phone: (813) 274-6770  Address: 601 E. Kennedy Blvd. 17th floor Tampa, FL 33601  Dates: 8/2019 – Present  Type of Service: Workers’ Compensation care, Substance Testing, Post Hire and Annual Physicals, Regulatory Testing, Diagnostic Testing, Vaccinations, Laboratory Testing and Supervisor Training. References OTHER FORMS Tab 7 EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Employment Related Health Care Services 23 RFP #51-20 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: X X BayCare Urgent Care 09/16/2020 N/A VENDOR INFORMATION Employment Related Health Care Services 24 RFP #51-20 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: BayCare Urgent Care, LLC 711 S. Belcher Rd Clearwater FL 33764 Patrick.Penrose@baycare.org Patrick "PJ" Penrose Patrick.Penrose@baycare.org(727) 642-6602 (727) 642-6602 N/A www.baycareurgentcare.org N/A Jay Milliken (727) 333-6058 (727) 314-4848 Jasper.MillikenIII@BayCare.Org Extraordinary Team, Extraordinary Care REQUEST FOR PROPOSALS #51-20 Employment Related Health Care Services City of Clearwater Attn: Procurement Division100 S. Myrtle Avenue3rd FloorClearwater, FL 33756-5520 Due Date: September 17,2020 at 10:00 A.M. Local Time Submitted By: LIFE EXTENSION CLINICS, INC. dba: Life Scan Wellness Centers 1011 North MacDill Avenue Tampa, Florida 33607 Patricia Johnson, CEO ORGINAL TABLE OF CONTENTS TAB 1: Letter of Transmittal TAB 2: Background and Demonstrated Experience of Provider TAB 3: Scope of Services Available and Cost of Services TAB 4: Scheduling, Timeliness of Services, Reporting Capabilities TAB 5: Locations and Hours of Operation TAB 6: References TAB 7: Other Forms RFP # 51-20 Employment Related Health Care Services RFP # 51-20 Employment Related Health Care Services, TAB 1: TRANSMITTAL LETTER Legal Name: DBA: Corporate Address: Testing Site options: Phone Number: Authorized Signature: Email: Incorporated: Medical Director: Solicitation: Due Date: Life Extension Clinics, Inc. Life Scan Wellness Centers 1011 North MacDill Avenue Tampa, FL 33607 On-site at location(s) provided by City of Clearwater, Florida Life Scan Wellness Center, 11200 Seminole Blvd, Largo, FL 33778 Phone: (813) 876-0625 Fax: (813)-876-0653 Patricia Johnson, CEO Patricia.Johnson@lifescanwellness.com Florida, August 1998 Anthony L. Capasso, M.D., P.A. REQUEST FOR PROPOSALS PROPOSAL NUMBER: #51-20 Employment Related Health Care Services/ Fire and Police Pre- Employment and Annual Physical and Fitness Evaluations September 17, 2020 10:00 AM Local Time On behalf of Life Scan Wellness Centers, I am pleased to present this proposal for RFP # 51-20 Employment Related Health Care Services, to provide the proposed Project Services related to Fire and Police Pre- Employment and Annual Physical and Fitness Evaluation. Due to the unique nature of our business, we are extremely qualified and experienced in all aspects of these employee health services. Life Scan Wellness Centers proposes to provide an both an on-site program for the City of Clearwater Fire and Police Departments at location(s) designated and provided by the City of Clearwater as well as the option to use the Life Scan Wellness Center in Pinellas County.. An on-site program can help to ensure an expedient time frame for services as well as provides an option to keep employees on-duty resulting in a reduction in costs, time away from the job, or even overtime. Life Scan Wellness Centers follows the guidelines outlined in NFPA 1582 (2018) and NFPA Supplemental: A Fire Departments Guide to Implementing NFPA 1582 as a guideline to Annual Physical Exams. Life Scan Wellness Centers is authorized to do business in the State of Florida. Life Scan Wellness Centers accepts the terms and conditions set forth in this Request for Proposal if awarded contract. BACKGROUND: Life Scan Wellness Centers is the nation’s leading provider of NFPA 1582 Compliant Physicals with over 40,000 public safety exams annually in 450+ departments including the City of Clearwater. Life Scan Wellness Centers has over twenty-three years’ experience in the development and implementation of programs for state, municipalities, and counties to fit their specific needs. Our commitment to fire and police service is well established. Life Scan Wellness Centers is a nationally recognized expert and educator regarding the health and fitness of police and firefighters. Life Scan Wellness Centers has collaborated with the leading researchers and medical specialists on NFPA 1582 and the IAFF/IAFC Wellness Fitness Initiative Committees regarding first responder health and fitness. Life Scan Wellness Centers recognizes the vital importance of combining the key components of health, wellness, and fitness to generate the healthiest, most productive employees. RFP # 51-20 Employment Related Health Care Services, PUBLIC SAFETY PHYSICALS: Life Scan Wellness Centers specializes in providing government agencies with public safety physical exams that comply with NFPA 1582, NFPA 1583, OSHA, and the IAFF/IAFC Wellness Fitness Initiatives, as well as incorporating an advanced level of enhanced screening assessments for the early detection of cancer, cardiovascular diseases, and other potentially catastrophic illness. Our Life Scan Wellness model of ultrasound-aided physical exams for Public Safety Officers has been incorporated into the standards for over 450 Fire Service, EMS, and Law Enforcement Departments. Life Scan Wellness Centers has a distinctive approach to police and firefighter health. The Life Scan Wellness Centers public safety physical is an integrated model that combines NFPA 1582, NFPA 1583, FDLE, and OSHA compliant physicals with enhanced screenings for the early detection of major diseases such as heart disease, stroke, cancer, diabetes, and aneurysms before they reach a catastrophic level. It provides your employees with a thorough assessment of their physical and mental health. As well as recommendations for achieving and maintaining long term wellness. Each Life Scan Wellness exam includes a comprehensive physical assessment that meets the guidelines of NFPA 1582 (Current Edition), The Fire Departments Guide to Implementing NFPA 1582 (2015) and the IAFF/IAFC Health and Wellness Initiative as well as the added-value benefit of our Life Scan Wellness Centers Ultrasound screenings of the internal organs and cardiovascular system, advanced laboratory blood profiles, diet and nutritional analysis, and a personalized wellness plan. Our Life Scan Wellness Program also includes a Fitness Evaluation that is compliant with NFPA 1583 and the IAFF/IAFC Joint Labor Management Wellness Fitness Initiative (WFI) recommendations. Our clinical exercise physiologists have the expertise and experience to assess the physical fitness levels of each employee in relationship to their cardiovascular and overall health condition and will recommend personal fitness goals as well as diet and nutritional improvements. During the Life Scan Wellness exam, each patient is given a comprehensive understanding of their current health as well as their health risk stratification. CONFIDENTIALITY All medical records and information will remain confidential and maintained in the corporate administrative office of Life Scan Wellness Centers. Information will be accessible by request from the individual. Communications regarding an individual’s results as it pertains to the safety of the individual or safety of the coworker will be provided to designated City personnel if required by contract and shall include the information necessary for City of Clearwater Fire and Police Departments to maintain a safe and effective workplace. All areas of confidentiality will be according to the Confidentiality requirements of the RFP. As an on-going program of Health, Wellness, and Fitness, Life Scan Wellness Centers and our clinical staff will be a team dedicated to identifying areas of concern, monitoring the recommended interventions and programs, and assuring that your employees attain and maintain the level of health and well-being that is crucial to perform their jobs optimally and greatly reduce the chance for illness and injury. Thank you for the opportunity to respond to this RFP for City of Clearwater Employment Related Health Care Services. #51-20 Fire and Police Pre-Employment and Annual Physical and Fitness Evaluations KEY CONTACTS FOR CITY PROJECT • Business Liaison and Contracting: Patricia Johnson, CEO • Project Manager: Jennifer Connelly. RFP # 51-20 Employment Related Health Care Services TAB 2: SUMMARY OF QUALIFICATIONS Life Scan Wellness Centers is the nation’s largest provider of NFPA 1582/1583 compliant occupational medical exams serving over 450 public safety departments including over 200 in the State of Florida. Life Scan Wellness Centers proposes to provide services for the with our Life Scan Wellness Centers Public Safety Physicals. For over twenty-two years our mission has been to bring a new level of health, wellness, and fitness to Public Safety Departments. Life Scan Wellness tackles the big health issues in public safety: Cancer, Heart Disease, and Behavioral Health. Our Life Scan Wellness Program was the first public safety physical in the United States that is both NFPA 1582 and 1583 compliant as well as provides early detection of cancer and heart disease with our progressive approach. Our Life Scan Wellness Centers Program is not just a series of different random tests but an integrated physical that combines the essential components of NFPA 1582/1583 with or unique model of enhanced screening assessments, advanced blood work, extensive physical exam, cardiopulmonary testing, and fitness evaluations with a foundation in patient education. Our distinctive Life Scan Wellness Centers Ultrasound-aided physical exam has been the cornerstone of our Life Scan Wellness physicals since our onset and the key to our success in the fight against cancer, heart disease, and other potentially catastrophic diseases. CORPORATE EXECUTIVE TEAM and KEY PERSONNEL: Principal: Patricia Johnson, CEO and co-founder of Life Scan Wellness Centers, has over thirty-five years of medical expertise and is an authority on the health and wellness of public employees and public safety officers. Recognizing the high- toll exacted by the extreme physical requirements and stress that firefighters and police officers encounter each day, as well as the impact on their families, Patricia focuses on the distinctive medical needs of fire departments and police agencies. Patricia integrated occupational medical services with preventative medicine specializing in the early detection and prevention of both chronic and acute diseases including heart attacks, strokes, cancer and other catastrophic diseases, for the benefit of government entities. Patricia will be the business liaison with City of Clearwater. Principal: Michael Terrana, Esq., CFO and co-founder of Life Scan Wellness Centers, has over thirty-five years as a practicing attorney and member of the Florida Bar. Mike began his career as a Hillsborough County Assistant State Attorney. In 1998 he founded his private law firm and served as lead partner specializing in property law. Since his retirement from his law practice, Mike serves full time in his position of Chief Financial Officer and Chief Legal Counsel for Life Scan Wellness Centers. Mike is responsible for ensuring legal and corporate compliance as well as the fiscal stability of Life Scan Wellness Centers. Mike oversees all contracts and serves as corporate counsel. Corporate Medical Director and Florida Medical Director: Anthony Capasso, M.D. Dr. Capasso is Board Certified in Internal Medicine and has over 25 years in medical practice. He is fully experienced in occupational health related to first responders, post offer employment physicals, firefighter and police physicals and medical clearance, HAZMAT medical clearance, and internal medicine. Dr. Capasso is the supervisory medical director and directs the medical clearance reviews. Dr. Capasso has served as the Life Scan Wellness Centers’ corporate medical director for over 18 years. Clinical Team Leaders: Mallory Roper, ANRP-BC, is the Life Scan Wellness Centers’ Lead Nurse Practitioner. She is responsible for the supervision of the medical specialists and for the continuing education as well as medical procedures and protocol for the Life Scan Wellness Center medical program. Beth will ensure quality control over medical reporting and records and manage scheduling timelines. Ms. Roper works in conjunction with Dr. Capasso to direct the medical protocol for the Life Scan Wellness RFP # 51-20 Employment Related Health Care Services Centers and has extensive experience with NFPA 1582 guidelines and interpretation including annual and candidate medical clearances. Chief Strategy Officer: Chief Todd J. LeDuc, MS, CFO, FIFirE (Ret.) served over thirty years at Broward County Sheriff Fire Rescue in Florida retiring as Assistant Fire Chief. He is also the current Secretary of the International Association of Fire Chief’s (IAFC) Safety, Health & Survival Section Board of Directors where he has served for the last 15 years. Chief LeDuc is a co-author of the IAFC Health Care Providers Guide to Firefighter Physicals. He serves as an advisory board member to the National Fallen Firefighters Foundation’s First Responder Center of Excellence on firefighter physicals. In his role with Life Scan Wellness, Chief LeDuc is focused on assuring the highest levels of clinical excellence as well as forging national partnerships with leading fire service organizations to enhance cutting edge early detection screenings are available for identification of occupational cardiac disease, cancer and behavioral health. Chief LeDuc will be the public safety health and wellness liaison with the City of Clearwater. Project Manager: Jennifer Connelly. Jennifer is the Life Scan Wellness Center Administrative Director and Project Manager. Jennifer will be the liaison with City of Clearwater. She is responsible for the supervision of the medical staff. Jennifer will ensure quality control over medical reporting and records and manage scheduling timelines. DETAILED STAFFING PLAN: Our Life Scan Wellness Program is designed specifically for public safety and the entire medical staff has extensive knowledge and experience in providing firefighter physicals. The medical staff works in teams and each of them is experienced in all aspects of the scope of services and the Life Scan Wellness program including NFPA 1582, NFPA 1583, FDLE, OSHA Respiratory Standard, the Wellness Fitness Initiative fitness evaluations, annual medical clearances, and reporting processes. • The Life Scan Wellness staff dedicated to City of Clearwater will include three (3) full- time Life Scan employees that are extensively trained and experienced in our Life Scan Wellness/NFPA 1582 firefighter physicals using an integrated, team approach. The lead nurse practitioner will perform the physicals with the collaboration of the Life Scan Medical Director, Anthony Capasso, M.D. Dr. Capasso will be available to also review and sign medical clearances as needed. • Each team member is a direct employee of Life Scan and has undergone extensive training with Life Scan to fully understand the technical, clinical, Life Scan Wellness procedures, and individual protocols of the assessments and medical clearances. • All Life Scan medical staffing receives annual, recurrent training in areas such as ACLS certification, Public Safety Disease Risks, Diabetes, Hazmat testing, Infectious Diseases, Blood borne Pathogen and Safety Protocols, Medical Reporting updates, NFPA 1582 updates, IAFF/IAFC Wellness Fitness Initiate, FDLE candidate physicals, and Life Scan clinical updates. OFF-SITE CLINICAL STAFF: The Life Scan program is designed specifically for Fire and Police Rescues and the entire clinical staff has extensive knowledge and experience in providing NFPA 1582/1583 firefighter and FDLE police physicals and fitness evaluations. The clinical staff works in teams and each of them is experienced in all aspects of the scope of services and the Life Scan program including NFPA 1582, NFPA 1583, FDLE, OSHA Respiratory Standard, the IAFF/IAFC WFI Initiatives, firefighter and police medical clearances and RFP # 51-20 Employment Related Health Care Services reporting processes. The team that will be designated to the City of Clearwater will be determined upon award of contract and will be approved by the City of Clearwater prior to the initiation of the program. The team will be full-time Life Scan Wellness Centers employees that are experienced and extensively trained in our procedures and processes. Advanced Practice Registered Nurse Life Scan’s Advanced Practice Registered Nurses perform the on-site annual and pre-employment physicals, clinical assessments, administer the infectious disease program, and medical clearances under the supervision of Dr. Capasso. Our nurse practitioners have extensive experience providing medical clearances, pre-placement employment physicals, fitness for duty, NFPA 1582 and FDLE Medical exams, WFI, and OSHA Respirator Medical Clearance. They each have a thorough understanding of the unique needs, physical requirements, and mental stress related to the profession of firefighter and police personnel. Our Life Scan Wellness Centers nurse practitioner will be under the supervision and collaboration of Dr. Anthony Capasso. ACLS Certified, Florida Licensed. Clinical Exercise Physiologist Life Scan Wellness Centers Clinical Exercise Physiologists are experienced in cardiac testing and interpretation, lung capacity (pulmonary function) testing and interpretation, firefighter fitness evaluations, diet and nutrition, body fat and body composition, and all aspects of NFPA 1582, NFPA 1583, FDLE, and WFI fitness assessments. All Life Scan Wellness Centers physiologists are trained and experienced in OSHA Respiratory Protection 1910.134 medical testing and Mask Fit Testing protocol. ACLS Certified Sonographer, Ultrasound Technician Life Scan Wellness Centers sonographers are fully cross- trained in all modalities of ultrasound including vascular, heart, abdominal, and general ultrasound. Our ultrasound sonographers provide a key component to the overall health assessments, early detection testing, and education of our patients. The Life Scan Ultrasound Technicians are all direct, full-time Life Scan Wellness Centers employees. ARDMS Certified, BLS Certified Sub-Contractors: LabCorp, Phlebotomy and Reference Laboratory Mobilex, Mobile X-rays RFP # 51-20 Employment Related Health Care Services Behavioral Health Advisory Board: Dr. Alana Brunacini, PhD: Maricopa County Crisis Stabilization Director, Behavioral health specialist in the fire service since 2012 Dr. Vince Van Hassel NOVA Southeastern University Dr. Sara Jahnke: National Research Development Institute. Allison Tate Pastine, M.Ed., MS, LCPC Certified First Responder Mental Health Counselor, Nutritional Health Advisory Board: Dr. Susan Day, PhD. University of Texas Cardiovascular Advisory Board: Dr. Denise Smith Skidmore College Life Scan Medical Director ANTHONY L. CAPASSO, M.D., EDUCATION 1984-1987 Ohio State University, Columbus, Ohio. Bachelor of Science--Biology Cum Laude. 1984-1986 Cleveland State University, Cleveland, Ohio. POST GRADUATE TRAINING 1988-1990 Ohio State College of Medicine, Columbus, Ohio 1991-1993 University of Alabama School of Medicine, Birmingham Alabama, M.D. 1993-1994 University of Florida Health Science Center, Jacksonville Florida; Internal Medicine Internship. 1994 University of Hawaii Integrated Medical Residency Honolulu, Hawaii; Internal Medicine Residency 7/1/94 - 12/4/94 1995-1996 University of Florida Health Science Center, Jacksonville Florida; Internal Medicine Residency. Graduation July 1996 HONORS AND AWARDS 1984-1987 Dean's List 1985 Summa Award, University College, Ohio State University. 1987 Graduate Cum Laude, College of Arts and Sciences, Ohio State University. 1989 Honorary Letter from the Department of Anatomy for outstanding performance, Ohio State College of Medicine. CERTIFICATION Diplomat of the National Board of Medical Examiners, June 1993 Diplomat ABIM, August 1998 MEDICAL LICENSURE FL ME 0069518 TAB 2 MEMBERSHIPS 1984-1987 National Key Honor Society, Ohio State University 1988-1993 American Medical Student's Association 1991-1993 Tuscaloosa County Medical Association 1991-1993 Larry Mayes Society 1993-1997 American Medical Association 1994-1997 ACP Member 1999-present Duval County Medical Society EMPLOYMENT 2007-present Life Scan Wellness Centers-Medical Director 2003-present Hospice of Jacksonville –Associate Medical Director 1997-present Smart for Life Jacksonville-Medical director 2002-present Anthony L. Capasso M.D. P.A.-private practice 2001- 2003 University Of Florida – Clinical Assistant Professor 1999-2000 Premier Family Care - Internal Medicine 1998-1999 Jacksonville Emergency Consultants - Emergency Medicine 1997-1998 Premier Family Care - Local Tenum 1996-1997 South Beaches Medical - Internal Medicine 1996-1998 Bamen Venus M.D.P.A. - CCU intensivist 8/27/2020 FL DOH MQA Search Portal | https://mqa-internet.doh.state.fl.us/MQASearchServices/HealthCareProviders/LicenseVerificationPractitionerPrintFriendly?LicInd=639890&Procde=1711 1/1 MALLORY ALEXANDER ROPER License Number: APRN11004009 Data As Of 8/27/2020 Profession Advanced Practice Registered Nurse License APRN11004009 License Status CLEAR/ACTIVE Qualifications Nurse Practitioner License Expiration Date 4/30/2021 License Original Issue Date 09/05/2019 Address of Record 13511 IRONTON DR TAMPA, FL 33626 Controlled Substance Prescriber (for the Treatment of Chronic Non- malignant Pain)No Discipline on File No Public Complaint No The information on this page is a secure, primary source for license verification provided by the Florida Department of Health, Division of Medical Quality Assurance. This website is maintained by Division staff and is updated immediately upon a change to our licensing and enforcement database. Department of Health RFP # 51-20 Employment Related Health Care Services, TAB 3: SCOPE OF SERVICES AVAILABLE AND COST OF SERVICES LIFE SCAN WELLNESS CENTERS SCOPE OF SERVICES AVAILABLE: Due to the unique nature of our business, we are extremely qualified and experienced in all aspects of the Scope of Services for Fire and Police Pre-Employment and Annual Physicals and Fitness Evaluations. We are the innovators and sole provider of the Life Scan Wellness Centers annual public safety physicals and have been providing this service for over 23+ years. Our Life Scan Wellness Centers Public Safety physicals are 100% compliant with the following standards and guidelines: NFPA 1582, NFPA 1583, the IAFC/IAFF Wellness Fitness Initiative, FLDE, and OSHA 1910.134 Respiratory Protection Program. Life Scan Wellness Centers is pleased to respond to the following Scope of Services: • Fire and Police Pre-Employment and Annual Physical and Fitness Evaluation • Pre-Employment Drug Testing for Fire and Police Life Scan Wellness Centers agrees to participate in employee grievance as a result of related testing process/results. LIFE SCAN WELLNESS CENTERS IS NOT RESPONDING TO THE FOLLOWING IN THE SCOPE OF SERVICES: • Pre-Employment physicals to non-certified employees. • Pre-Employment drug testing to non-certified employees. • Reasonable Suspicion Drug and Alcohol Testing • Random DOT/PHMSA- Safety Sensitive Drug and Alcohol Testing LIFE SCAN PUBLIC SAFETY PHYSICAL EXAM 2020/2021 PRICE QUOTE: Clearwater RFP # 51-20 Employment Related Health Care Police and Fire Physical Examination Annual and Pre-Employment Includes Physical Exam, NFPA 1582 Compliant Medical & Occupational/Environmental Questionnaire Included Comprehensive Hands-On Physical Exam Included Vital Signs: Height, Weight, Blood Pressure, Pulse Included Behavioral Health Evaluation Included Sleep Disorder Evaluation, Epworth Sleep Scale Included Back Health Evaluation Included Urinalysis Included Audiogram Included Visual Acuity Test, Titmus Included Titmus Occupational Vision with Peripheral, Depth Perception, and Color Included Breast Exam with Self-Exam education Included Personal Consultation with review of testing results Included Laboratory Tests: Comprehensive Metabolic Panel, Blood Chemistry Included Complete Blood Count, Hematology Panel Included Hemoccult Stool Test for Colon Cancer Screening Included Total Lipid Panel Included Thyroid Test TSH Included Glucose Included Hemoglobin A1C Included PSA (Prostate cancer marker, Men) Included Testosterone ( Men) Included CA 125 (Ovarian cancer marker, Women) Included Ultrasound Screenings (Early Detection of Heart Disease and Cancer): Echocardiogram (Heart Ultrasound) Included Carotid Arteries Ultrasound Included Aorta and Aortic Valve Ultrasounds Included Liver Ultrasound Included Gall Bladder Ultrasound Included Kidneys Ultrasound Included Spleen Ultrasound Included Bladder Ultrasound Included Thyroid Ultrasound Included Prostate Ultrasound Included Testicular Ultrasound Included Ovaries and Uterus Ultrasounds Included Cardiopulmonary Testing Cardiac Stress Test (Treadmill with 12 lead, sub-maximal, Bruce Protocol) Included EKG, 12 Lead Included Spirometry, PFT Lung Capacity Included OSHA Respirator Medical Clearance Included Fitness Evaluations per NFPA 1583~IAFF/IAFC Wellness Fitness Initiative: Fitness tests for muscular strength & endurance Included Sit and Reach, Planking, Grip Strength, Included Sit Up Test, Wall Sit, Flexibility Included VO2 Max Calc for Aerobic Capacity Included Body Weight and Composition Included Personal Fitness Rx Included Personal Wellness Plan with recommendations Included LIFE SCAN PUBLIC SAFETY PHYSICAL EXAM 2020 Per Person $420.00 OTHER Tests Available: 2020 Line Item COST Chest X-Ray, 2 view with radiologist review $75.00 Lumbar X-Ray, 2 view with radiologist review $75.00 Hazmat Cholinestrese and Heavy Metals $140.00 Hepatitis A Titer $36.00 Hepatitis B Screening Test $56.00 Hepatitis B Titer $36.00 Hepatitis C Screening Test $56.00 HIV Test, Gen 4 $27.00 Hepatitis Vaccines each shot (A=2 shot series, B=3 shot series) (Based on current market costs) $70.00 each shot PPD TB Skin Test $22.00 QuantiFeron TB Blood Test $67.00 Tdap (Tetanus, Diphtheria, Pertussis) Titer $30.00 OSHA Respirator Mask Fit Testing (Portacount) $40.00 Drug Screen, I CUP $47.00 Drug Rescreen with confirmation $55.00 ABO $27.00 Nicotine $65.00 Phlebotomist (blood draw) $20.00 RFP # 51-20 Employment Related Health Care Services TAB 4: SCHEDULING, TIMELINESS OF SERVICES, REPORTING CAPABILITIES Life Scan Wellness Centers proposes to provide services for the City of Clearwater with our Life Scan Wellness Centers’ Police and Firefighter Annual and Pre-Employment Physicals. For over twenty- three years our mission has been to bring a new level of health, wellness, and fitness to Public Safety Departments. Life Scan Wellness tackles the big health issues in public safety: Cancer, Heart Disease, and Behavioral Health. Our Life Scan program was the first public safety physical in the United States that is both NFPA 1582/1583/FDLE compliant as well as provides the early detection and prevention of cancer and heart disease with our progressive approach. Our Life Scan Wellness Program was designed by the founders in 1998. Our Life Scan public safety physical is not just a series of different random tests but an integrated exam that combines the essential components of NFPA 1582/1583/FDLE with our unique model of ultrasound imaging screenings, advanced blood work, extensive physical exam, cardiopulmonary testing, and medically related fitness evaluations with a foundation in patient education. Our Life Scan ultrasound-aided physical exam has been the cornerstone of our Life Scan Wellness physicals since our onset and the key to our success in the fight against cancer and heart disease. Life Scan Wellness Centers has the proven experience, knowledge, clinical staffing, equipment, and resources to successfully provide them with an unprecedented public safety health and wellness program and can successfully meet all timelines and performance criteria for the annual and pre-employment physicals. • The Life Scan Wellness Centers Program is designed exclusively for police and fire departments. Our entire clinical team has extensive knowledge and experience in providing occupational public safety physicals. All Life Scan Wellness Centers clinical team members are experienced in all aspects of the scope of services and the Life Scan Wellness Program including NFPA 1582, NFPA 1583, FDLE, OSHA Respiratory Standard, The WFI Initiatives, and the integration of our Life Scan Wellness Centers Ultrasound-aided physical exam. • The Life Scan Wellness Centers’ licensed health practitioner (LHCP) designated for the City of Clearwater public safety physicals will be a Florida licensed APRN (Advanced Practice Registered Nurse) under the collaboration of Anthony Capasso, M.D., Medical Director. • All Life Scan Wellness Centers’ employees are full-time, directly employees and are extensively trained and experienced in public safety annual and candidate physicals. The Life Scan Wellness Centers APRN will be on-site at the City of Clearwater location to conduct the physical exam, vison, audiometry, and oversee all aspects of the program. They also provide their patients with same day consultation for review of results and recommendations. Each APRN is fully trained and has extensive experience in occupational public safety physicals. They have a thorough knowledge of job-related activities, the physical demands and mental stresses of these occupations. They understand the various job analysis and receive annual training on matters relating to public safety service. • Life Scan Wellness Centers has multiple clinical/fitness teams that can undertake a range of differing projects. The clinical/fitness staff members that will be assigned to the city of Clearwater have extensive experience with Life Scan Wellness Centers in similar projects with over 450 fire departments and law enforcement agencies in the United States caring for over 40,000 first responders and are fully trained in all aspects of the Life Scan Wellness Centers Program and the Scope of Work. RFP # 51-20 Employment Related Health Care Services • Life Scan Wellness Centers has the experience and expertise with government entities, public safety agencies, and in the firefighter and police physicals to understand the applicable laws or regulations that relate to the project and to provide over site and management to ensure that the plans and specification are being complied with and the Scope of Work are being properly provided. • As demonstrated by our references, we have been extremely successful in providing our contracted agencies with a program that not only meets, but exceed their expectations, as well as proven to be an outstanding wellness benefit, increase internal moral, and helps to ensure the long-term health, longevity and mental wellbeing of their personnel. • Life Scan Wellness Centers has met or exceed the expectations of every contract and project including budgetary goals, timetables, and quality control objectives. • We have state-of-the art medical equipment for the project with all clinical specialists fully trained in their use, function, and normal/abnormal ranges for expert consultation. We will continuously work with the City of Clearwater to further improve your program and to meet health and fitness need of your personnel. Medical technology is a dynamic industry with new advances in medical screenings introduced each year. When appropriate for you program, we will make these new tests available to your department at reasonable costs. IMPLEMENTATION AND SCHEDULING Phase 1: Conference Call: Life Scan Wellness Centers’ project management teams. 1. Discuss program components and requirements. 2. Determine space requirements and coordinate on-site programs a. 3-4 Rooms to accommodate the following components: • Physical exam • Audiometry testing area with minimal noise • Cardiopulmonary/Fitness evaluations • Ultrasound Exams 3. Plan timeline. 4. Review and approve Patient Packet. 5. Review and approve blood draw program and LabCorp requisitions. 6. Review and approve reporting system. Phase 2: Schedule dates for annual physicals. 1. Annual Firefighter Physicals: 196 firefighter physicals = 21 days+/- required Nine patients per day at three intervals of three patients each: • Example: 3 @ 8:00 am, 3 @11:00 am, and 3 @2:00 pm. • Start time will be determined by the City of Clearwater • Each physical exam will require approximately 3 hours. • Three (3) patients will rotate between the three (3) • components of the physical (ultrasound, Physical, • and cardiopulmonary/fitness). 2. Annual Police Physicals: 252 police physicals = 28 days +/- required Nine patients per day at three intervals of three patients each: • Example: 3 @ 8:00 am, 3 @11:00 am, and 3 @2:00 pm. • Start time will be determined by the City of Clearwater RFP # 51-20 Employment Related Health Care Services • Each physical exam will require approximately 3 hours. • Three (3) patients will rotate between the three (3) • components of the physical (ultrasound, Physical, • and cardiopulmonary/fitness). 3. Police and Firefighter Pre-Employment Physicals a. Schedule as needed at Life Scan Wellness Center location in Pinellas County Phase 3: Blood Draws (2-5 weeks prior to physicals) Phase 4: Life Scan Wellness Physicals Phase 5. Reporting per the City of Clearwater requirements. LOCATION OPTIONS: ON-SITE or LIFE SCAN WELLNESS CENTER CLINIC IN PINELLAS COUNTY • Life Scan Wellness Centers has the capability, experience, and equipment to provide on-site physical exams at on -site location(s) provided by the City of Clearwater. • Set-up, equipment, and associated costs will be the responsibility of Life Scan Wellness Centers. • On-site location, space, treadmill, and overhead will be provided by the City of Clearwater. • Scheduling of public safety physicals will be coordinated between the City of Clearwater and Life Scan Wellness Centers Project Manager. • Life Scan Wellness Centers’ equipment maintenance will be performed by Life Scan Wellness Centers and will be kept clean and sanitized. All equipment will be kept in optimal working order or repaired/replaced within a reasonable time frame. Life Scan Wellness Centers maintains backup of all equipment as well as service contracts to ensure timely replacement as needed. • Life Scan Wellness Centers has the proven capability of providing physicals on-site at locations(s) provided by the City of Clearwater or at the Life Scan Wellness Center located in Pinellas County. • Equipment: All equipment used for the Life Scan Wellness Program is state of the art and owned by Life Scan Wellness Centers. The equipment is portable and easily set up by the Life Scan Wellness Centers’ staff. • Life Scan Wellness Centers will bring portable exam tables as well as all the equipment necessary to completely provide the comprehensive medial and fitness exams. a. Ultrasound Units: Terason, made in the USA b. EKG/Stress Units: Welch Allyn, Laptop computer based c. Treadmill: Provided by the City of Clearwater when on-site at the City’s location(s). d. Audiometry Equipment: Welch Allyn audiometer (soundproof booth not included) e. Occupational Vision: Titmus f. Otoscope/Ophthalmoscope: Welch Allyn RFP # 51-20 Employment Related Health Care Services LIFE SCAN WELLNESS CENTERS COMPREHENSIVE QUALITY ASSURANCE, REPORTING, AND SECURITY POLICY The Life Scan Wellness Centers Comprehensive Safety and Security Policy is a safety and security management plan designed to maintain a safe environment free of hazards and reduce risk of injuries for patients and employees a. Process for employee safety and security: 1. New employee orientation and education program and annual recurrent training that address Safety Procedures: i. Blood borne pathogen policy ii. Biohazard waste policy iii. Equipment b. Process and procedures for facilities and equipment security 1. Life Scan Wellness Centers will coordinate with the on-site facility manager to determine what the City of Clearwater procedures and processes are for specific site as well as best manner to secure equipment during program. c. Emergency Preparedness Plan 1. Life Scan Wellness Centers will coordinate with the on-site facility manage to determine what City of Clearwater procedures and process are for the specific site. d. Safety Equipment 1. Life Scan Wellness Centers routinely maintains and tests all equipment. Any equipment utilized will be tested prior to program start on-site. e. Reporting to Risk Management regarding accidents and/or damages. 1. Life Scan Wellness Centers management will receive any accident and or damage reports and report them directly to the Life Scan Wellness Centers and the City of Clearwater. f. Records Confidentially and Security 1. Life Scan Wellness Centers maintains patient records on a secure facility at the corporate office with access limited to authorized Life Scan Wellness Centers’ employees. 2. Life Scan Wellness Centers stores all patient records in a secure facility in their corporate office with access limited to authorized Life Scan Wellness Centers’ employees. 3. Life Scan Wellness Centers follows all HIPPA, State, and local guidelines regarding patient confidentiality and will review the process with the City of Clearwater prior to scheduling. 4. Incumbent police and firefighters will receive a copy of their personal physical exam results on the day of their physical exam and will have access to records when requested. RFP # 51-20 Employment Related Health Care Services TAB 5: LOCATION OPTIONS ANNUAL Physicals for Police and Fire Life Scan has two options available to the City of Clearwater: 1.On-site at location(s) provided by the City of Clearwater. a.Hours to meet the needs of the City 2.Life Scan Wellness Center in Pinellas County: 11200 Seminole Blvd. Suite 100 Largo, Florida 33772 Monday – Friday, 8:30 am to 5:00 pm (727) 258-4818 PRE-EMPLOYMENT Physicals for Police and Fire Life Scan Wellness Center in Pinellas County: 11200 Seminole Blvd. Suite 100 Largo, Florida 33772 Monday – Friday, 8:30 am to 5:00 pm (727) 258-4818 RFP # 51-20 Employment Related Health Care Services TAB 6: REFERENCES CITY OF ST. PETERSBURG St. Petersburg Fire Rescue and St. Petersburg Police Department Contact: Fire Chief James Large Phone: (727) 893-7694 Email: James.Large@stpete.org Number of ANNUAL Physicals: 335 SPFR and 150 SPPD Performance Period: 2008 to present, RFP Awarded Contract Locations: On-site at location provided by the City with post offer and police physicals at the Life Scan Wellness Center in Pinellas County. Services: Annual and Post Offer Physicals Services Provided: Life Scan Annual Public Safety Physicals: • NFPA 1582 Firefighter Physicals • FDLE Police Physicals • NFPA 1583 Fitness Evaluations • Life Scan Ultrasound Screenings for Cancer, Heart and Vascular Disease • Advanced Cancer and Cardiovascular Disease Blood Markers • Behavioral and Mental Health Assessments • Back Health Assessments • Sleep Disorder Assessment • IAFF/IAFC Wellness Fitness Initiative • Hazmat Physicals • OSHA Respiratory Protection 1910.134, Questionnaire • Annual Medical Clearances and Fit for Duty • Infectious Disease testing and vaccines CITY OF JACKSONVILLE, FLORIDA Jacksonville Sheriff’s Office Contact: Director Lawrence Schmitt Phone: (904) 630-2134 Email: Lawrence.Schmitt@jaxsheriff.org Number of Annual Physicals: 2300 JSO Performance Period: 2001-Present, RFP Award Contract Services Provided: Life Scan Annual Public Safety Physicals: • NFPA 1582 Firefighter Physicals • FDLE Police Physicals • NFPA 1583 Fitness Evaluations • Life Scan Ultrasound Screenings for Cancer, Heart and Vascular Disease • Advanced Cancer and Cardiovascular Disease Blood Markers • Behavioral and Mental Health Assessments • Back Health Assessments • Sleep Disorder Assessment • IAFF/IAFC Wellness Fitness Initiative RFP # 51-20 Employment Related Health Care Services •Hazmat Physicals •OSHA Respiratory Protection 1910.134, Questionnaire •Wellness Physicals •Infectious Disease testing and vaccines BROWARD SHERIFF’S DEPARTMENT FIRE RESCUE, FLORIDA Broward Fire Rescue Contact: Deputy Chief of Operations, Timothy Keefe Phone (954)658)5465 Email: timothy_keefe@sheriff.org Number of ANNUAL Physicals: 930 Firefighter Physicals Performance Period: 2012 to Present (RFP Awarded Contract, AFG Grant Services Provided: Life Scan Annual Public Safety Physicals: •NFPA 1582 Firefighter Physicals •FDLE Police Physicals •NFPA 1583 Fitness Evaluations •Life Scan Ultrasound Screenings for Cancer, Heart and Vascular Disease •Advanced Cancer and Cardiovascular Disease Blood Markers •Behavioral and Mental Health Assessments •Back Health Assessments •Sleep Disorder Assessment •IAFF/IAFC Wellness Fitness Initiative •Hazmat Physicals •OSHA Respiratory Protection 1910.134, Questionnaire •Infectious Disease testing and vaccines FLORIDA STATE FIRE MARSHALS Contact: Julius Halas, Director of Florida Division of State Fire Marshals Phone: (850) 413-3612 Email: Julius.Halas@mycfo.com Performance Period: 2014 to Present, Mandatory Physicals for all deputies Services Provided: Life Scan Annual Public Safety Physicals: •NFPA 1582 Firefighter Physicals •NFPA 1583 Fitness Evaluations •Life Scan Ultrasound Screenings for Cancer, Heart and Vascular Disease •Advanced Cancer and Cardiovascular Disease Blood Markers •Behavioral and Mental Health Assessments •Back Health Assessments •Sleep Disorder Assessment •IAFF/IAFC Wellness Fitness Initiative •Hazmat Physicals •OSHA Respiratory Protection 1910.134, Questionnaire •Annual Medical Clearances and Fit for Duty •Infectious Disease testing and vaccines EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Employment Related Health Care Services 23 RFP #51-20 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: X X Brochure Life Extension Clinics, Inc. D/B/A Life Scan Wellness Centers 9/01/2020 TAB 7: OTHER FORMS Fire and Police Fire Physicals Only 09/16/2020 O. E. Wilson Insurance, Inc. 1475 Belcher Rd S Largo FL 33771 Cinda Groves (727) 535-0524 (727) 536-9828 cinda@oewilson.com Life Extension Clinics,Inc. DBA Life Scan Wellness Centers 1011 N. Macdill Ave Tampa FL 33607 Auto-Owners Insurance Company 18988 Admiral Insurance Company 24856 Transportation Insurance Company 12408 A X X X X X 062312-20690745 11/10/2019 11/10/2020 1,000,000 100,000 10,000 1,000,000 2,000,000 2,000,000 A X X X X X 4159162800 09/18/2020 09/18/2021 1,000,000 A X X X X 41-591-628-01 11/10/2019 11/10/2020 1,000,000 1,000,000 C N X WC 6 56600287 11/29/2019 11/29/2020 X 1,000,000 1,000,000 1,000,000 B Medical Professional Liability EO000037691-04 05/31/2020 05/31/2021 2,000,000 Aggregate Retroactive Date: 5/31/2001 2,000,000 Each Claim Certificate holder is additional insured on the general liability and auto liability with repect to work performed by the insured. Medical Professional Liability Additional Coverages: Sexual Abuse $1,000,000 Each Claim/$1,000,000 Aggregate Network Security & Data Privacy Liability $1,000,000 Each Claim/$1,000,000 Aggregate City of Clearwater 100 S Myrtle Ave Room 210 Clearwater, FL 33756 Phone: (727)562-4567 <SK> ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2014/01) CERTIFICATE OF LIABILITY INSURANCE Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8575 Agenda Date: 12/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve the collective bargaining agreement as negotiated between the City of Clearwater and Communication Workers of America, Local 3179 (CWA) for Fiscal Years 2020/21, 2021/22, 2022/23 and authorize the appropriate official to execute same. (consent) SUMMARY: The current collective bargaining agreement between the City of Clearwater and CWA Local 3179 expired on September 30, 2020. The parties reached a tentative agreement for a new contract which was ratified by the membership on December 2, 2020 by a vote of 325 to 20. The agreement is a three-year agreement providing for a 3% merit increase plus a longevity award that is added to base salary, based on the number of consecutive years the CWA member has been employed, beginning with a $50 award at completion of year one, and incrementally increasing until the 31st anniversary is reached and award is capped at $500. The agreement updates job titles throughout that have been changed as a result of the PSPC study and incorporates previously agreed upon MOU language. The agreement codifies the practices of providing a 5% increase or brought to the minimum for promotions, and 5% decrease and/or below the maximum for demotions. The agreement eliminates the hour threshold for part-time employees to complete their probation and to have an annual evaluation completed. The agreement clarifies that any emergency pay and or administrative leave will be at the City Manager’s discretion. The agreement eliminates providing retired employees with any sick leave that was used in conjunction with a work comp accident. The pay tables have been updated to reflect the PSPC changes, and language was added to state in no event shall any employee make less then minimum wage per State Statute. APPROPRIATION CODE AND AMOUNT: The cost associated with the implementation of this agreement are anticipated to be approximately as follows: FY 2020/21 $1,443,351 All Funds $605,503 General Fund Page 1 City of Clearwater Printed on 12/17/2020 File Number: ID#20-8575 FY 2021/22 $1,464,776 All Funds $612,600 General Fund FY 2022/23 $1,546,837 All Funds $655,363 General Fund Total cost anticipated as $4,454,964. Funding is available in current year budget, and future budgets will include the contract costs in the proposed budgets. Page 2 City of Clearwater Printed on 12/17/2020 CWA Collective Bargaining Agreement Overview of Changes Job titles have been changed throughout the document in conjunction with the PSPC Classification and Compensation Study completed last year. Article 3, Rights of Parties Deleted language allowing for the delay of filing grievances during an emergency and added language restating management rights. Article 6, Grievance Procedure Changed the time frame for filing an arbitration from 30 to 60 days. Article 7, Personnel Practices Added previously approved MOU language allowing for a combined break schedule, but not a shortened workday, for the Solid Waste Accounts Coordinator and the Solid Waste Operations Supervisor in the Solid Waste Department. Added language to codify the practice that promotions will be eligible for a 5% pay increase or the minimum of the pay grade which ever is greater, and a 5% pay decrease and/or below the maximum in the pay grade. Added language to recognize only Public Utilities as having apprentice programs, that do not require a reduction in pay if demoted to, and ability to adjust pay rates when employee leaves the apprentice. Added language to add transfers and demotions as required to serve a probationary period. Deleted language requiring part time employees to complete annual hours for probation and will use time in position instead. Deleted language allowing temporary appointments to count towards probationary period. Added language codifying current practice and Emergency Policy, requiring employees to be available to report to work before, during and after a designated emergency, to include their normal shift, additional shifts and overtime. Also added language to make every effort to not require any employees to work more then 6 consecutive dates without 24 hours off, and that failure to report to work as required may lead to discipline. Updated language regarding the option for direct deposit and either paper or electronic copy of pay advices. Article 8, Leaves of Absence Added language clarifying the requirement for an employee to work their regularly scheduled workday immediately preceding and following a designated holiday in order to be eligible for holiday pay, unless the absence has been approved and authorized in writing by the department. Slight modifications were made to the vacation and sick leave accruals to be in line with our new payroll system. Accrued hourly instead of biweekly. Added language to change the increments for vacation and sick leave to be in quarter hour. Added language requiring doctors’ notes for absences of more then one week to be forwarded to HR. Added language regarding taking funeral leave more then one year after the death of immediate family requires CM approval. Added language to the Military Leave section that military orders are also to be submitted to the HR Department and eligible employees will be paid in accordance with Sections 115.09 and 115.14 of Florida Statutes. Added clarifying language to have Administrative Leave with pay and any premium pay for declared emergencies at the City Manager’s discretion. Added language that employees on Administrative Leave with pay are required to be available during normal business hours. Added clarifying language that an additional 6 months of unpaid leave can be requested following the expiration of FML, and up to 30 days can be requested for non-medical unpaid leaves. Added language that all leaves must be exhausted prior to entering a non-paid leave status. Updated the Child Care Leave language to follow FMLA. Updated Alternate Duty to Light Duty. Deleted language placing laid off employees on the employment eligibility list for their designated job classification and any other job classification of a lower level they are qualified for. Article 9 Wages and Compensation This contract provides for an increase to minimums and maximums of the pay plan of 2% for all three years. Also provides for a longevity award each year per the schedule below, and a 3% merit pay increase for each of the three years. Years of Employment Annual Longevity Award Amount Years of Employment Annual Longevity Award Amount 1 $50.00 13, 14, 15 & 16 $300.00 2 & 3 $100.00 17, 18, 19 & 20 $350.00 4 &5 $150.00 21, 22, 23, 24 & 25 $400.00 6, 7 & 8 $200.00 26, 27, 28, 29 & 30 $450.00 9, 10, 11 & 12 $250.00 31 & greater $500.00 Red Circle pay will be done for the first year only. Added clarifying language that Acting Pay is subject to approval by the Department Director and the HR Director. Deleted Driver Pay. Added language clarifying part-time employees will be eligible for $25.00 per payroll period for bilingual pay. Added language to codify the practice of providing $0.25 per hour for Aquatics Coordinators and Pool Lifeguards that obtain certain certificates. Added the previously approved MOU language for certification pay for Building Construction Inspectors. Article 13 Retirement Deleted language requiring the repayment of sick leave to retirees that have had a work comp accident. AGREEMENT between CITY OF CLEARWATER, FLORIDA and COMMUNICATIONS WORKERS OF AMERICA, Local 3179 FISCAL YEARS 2020 – 2021 2021 – 2022 2022 – 2023 ARTICLE # TITLE PAGE # Preamble 1 Article 1 Recognition 1 Included & Excluded Members 1 Managerial & Confidential Employees 1 General Provisions 2 Article 2 Representatives of Parties 2 Article 3 Rights of Parties 3 City’s Management Rights 3 Union Rights 4 Emergency Conditions 6 Impact Bargaining 6 Article 4 No Strike and Other Unlawful Acts 7 Article 5 Labor/Management Cooperation 7 Article 6 Grievance Procedure 8 Definition 8 Steps 9 Arbitration 10 Article 7 Personnel Practices 12 Regular Work Hours 12 Appointments & Promotions 14 Probationary Periods 17 Health & Safety 18 Paycheck Issuance 19 Article 8 Leaves of Absence 20 Designated Holidays 20 Floating Holidays 21 Vacation 23 Sick Leave 24 Funeral Leave 29 Line-of-Duty Injury 31 Military Leave 32 Jury Duty and Court Time 32 Administrative Leave 33 Leaves of Absence Without Pay 34 Other Time Off 34 Child Care Leave 36 Union Time 35 Light Duty & Return to Work 36 ARTICLE # TITLE PAGE # Article 9 Wages & Compensation 37 Salary 37 Overtime 39 Standby & Recall 40 Shift Differential 41 Acting Pay 41 Training Differential 42 Leadworker Pay 42 Assignment Pay Differential 42 Uniforms & Rain Gear 43 Certification Pay 44 Replacement & Repair of Tools/ASE Certifications 45 Training and Career Development 45 Travel and Mileage 45 Commercial Driver’s License 45 Parking 46 Tuition Reimbursement 46 Article 10 Insurance 46 Article 11 Performance & Discipline 47 Article 12 Drug & Alcohol Policy 47 Article 13 Retirement 48 Article 14 Seniority, Layoff, and Recall 49 Seniority 49 Layoff 50 Article 15 Duration, Modification, & Termination 50 Appendix A Alphabetical Listing of Represented Classifications i Appendix B Pay Range Tables vi 1 PREAMBLE The CITY OF CLEARWATER, FLORIDA, hereinafter referred to as the “City”, and COMMUNICATIONS WORKERS OF AMERICA LOCAL 3179, hereinafter referred to as the “Union”, (PERC Certification Number 170), recognizing that the welfare and the best interest of the City of Clearwater will be served by procedures which provide for an orderly method for the City and the Union to bargain in good faith matters of common interest, do hereby agree as follows: ARTICLE 1 RECOGNITION The City recognizes the Union as the exclusive bargaining representative for wages, hours and other terms and conditions of employment for employees of the City of Clearwater, Florida, who are members of the unit as herein defined: Included: Nonprofessional employees of the City of Clearwater (See Appendix for listing of included job classifications). Excluded: Department Heads; Division Heads; Managerial and Confidential Employees within the meaning of Section 447.203 (4, 5), Florida Statutes; all Professional Employees within the meaning of Section 447.203 (13), Florida Statutes; and all other employees of the City of Clearwater not specifically included. Section 1. Managerial Employees "Managerial Employees" as defined in Section 447.203 (4), Florida Statutes, are employees who have authority in the interest of the public employer, City of Clearwater, to formulate policy or are reasonably required to assist directly in the preparation for and the conduct of collective bargaining, or have a major role in the administration of agreements resulting in collective bargaining, or have a significant role in personnel administration or employee relations and in the preparation and administration of budgets and said roles are not of a routine, clerical or administrative nature and require the exercise of independent judgment. Historically, these job classifications have been treated as managerial within the foregoing criteria. Section 2. Confidential Employees "Confidential Employees" as defined in Section 447.203 (5), Florida Statutes, are employees who act in a confidential capacity to assist or aid managerial employees as set forth above and as defined in the Florida Statutes; specifically said employees have access to and assist in the preparation for collective bargaining, budget, and all have access to information dealing with the administration of this contract, including the handling of grievances under the grievance procedure as set forth herein. 2 Section 3. General Provisions This Agreement shall be governed and construed according to the Constitution and Laws of the State of Florida. Accordingly, if any provisions of this Agreement or any application of this Agreement to any employee covered hereby shall be found contrary to law, such provisions or applications shall have effect only to the extent permitted by law, but all other provisions of this Agreement shall continue in full force and effect. No change, rescission, alteration or modification of this Agreement, in whole or in part, shall be valid unless the same is ratified by the City and the Union and endorsed in writing. The parties acknowledge and agree that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking and agreement of the parties hereto and finally determines and settles all matters of collective bargaining for and during its term except as may be specifically otherwise provided herein. Section 4. A City or Department rule, regulation, policy or procedure now in existence in conflict with this Agreement shall be resolved by modification of such rule, regulation, policy or procedure to be compatible with this Agreement. Section 5. The parties agree to bargain proposed changes in the City's Civil Service Rules that deal with mandatory subjects of collective bargaining and any impact these changes may have on bargaining unit members. ARTICLE 2 REPRESENTATIVES OF PARTIES The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in matters requiring the mutual consent or other official action called for by this Agreement. The Union agrees to notify the City in writing of the name of such authorized representatives. Written notice of the replacement of authorized Union representatives shall also be provided to the City Manager, and the City shall not recognize the designated replacement representatives until 24 hours after having received such written notice. The Union agrees that during the term of this Agreement it will deal only with the authorized representatives of the City, to wit: the City Manager or his/her designees. 3 ARTICLE 3 RIGHTS OF PARTIES Section 1. Employees in the bargaining unit shall have the right to form, join, and participate in, or to refrain from joining, forming, or participating in the Union. Neither the City nor the Union will discriminate against any employees in regard thereto. Section 2. The City and the Union will not discriminate against employees in the unit because of race, color, sex, age, national origin, disability, religion, marital status, or membership or non-membership in a union; provided, however, that this will not prohibit the City from establishing bona fide occupational qualifications or taking other such actions as permitted by law. If a charge of discrimination by an employee against the City, its officers, or representatives is filed with any appropriate agency having jurisdiction of such charge, said employee or the Union will not file or pursue a grievance under Article 6 of this Agreement. If a grievance is pending at the time such a charge is filed, it shall be considered withdrawn. Section 3. It is understood that the provisions of this Article embrace all rights of employees covered by all federal, state, county and city laws and regulations. Section 4. City’s Management Rights The City reserves, retains, and is vested with exclusively, all rights of management which have not been expressly abridged by specific provisions of this Agreement. The exclusive rights of management include, but are not limited to, the following: A. to manage the City generally and to determine the issues of policy; B. to determine the facts which are the basis of management decisions; C. to determine the necessity or organization of any service or activity conducted by the City and to expand or diminish services; D. to determine the nature, manner, means, and technology, and extent of services to be provided to the public; E. to determine methods of financing and budgeting; F. to determine the types of equipment and technology to be used; G. to determine and/or change the facilities, methods, technology, means and size of the workforce by which the City operations are to be conducted; H. to determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City in accordance with the practices followed prior to this Agreement; 4 I. to assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments; J. to relieve employees from duties for lack of work, lack of funds or any other non- disciplinary reasons; K. to discharge, suspend, demote, or otherwise discipline employees for just cause; L. to determine job classifications and to create, modify or discontinue jobs; M. to hire, transfer, promote, and demote employees; N. to determine policies, procedures, and standards for selection and training; O. to establish productivity programs and employee performance standards including, but not limited to, quality and quantity standards and to require that such standards be followed; P. to maintain order and efficiency in its facilities and operations; Q. to establish and promulgate and/or modify rules and regulations and standard operating procedures; R. to otherwise take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions and services; Section 5. Union Rights A. Check-Off The City shall deduct dues twice per month in amounts as certified to the City by the Secretary - Treasurer of the Communications Workers of America and will remit the aggregate deduction so authorized together with an itemized statement to the Secretary - Treasurer. Dues deductions will be remitted within 30 days from the date of the deduction on a monthly basis. Changes in Union membership dues will be similarly certified to the City in writing and shall be done at least 30 days prior to the effective date of such change. Notwithstanding anything herein to the contrary, any authorization for dues deduction may be cancelled by the employee upon 30 days written notice to the City and to the Union. The Union shall indemnify and hold harmless the City from any and all claims or demands and expenses in connection therewith based upon the City's participation in dues deduction. Nothing contained herein shall require the City to deduct from a salary or be otherwise involved in the collection of Union fines, penalties or special assessments. 5 B. The Union shall have access to City conference rooms and other similar building facilities, if available, for meetings of the Union in the same manner as the general public. However, the Union shall have access to available facilities, without charge, for meetings to ratify this Agreement. C. The Union shall be entitled to use four square feet of a designated bulletin board in each City building or facility where the City maintains an employee bulletin board; provided said bulletin boards shall be used for posting Union notices only and shall not be used for the purpose of soliciting membership. D. All permissible notices shall be signed by a duly recognized officer of the Union and may be delivered through the City's departmental interoffice mail system. The City agrees to accept from the Union, review for appropriateness, and forward permissible notices via e- mail to a list of work sites and designated bargaining unit members as approved in advance by the City. The City reserves the right to discontinue the use of e-mail for such purpose at any time if the City determines that the approved and forwarded e-mail is not used for the intended purpose. E. The Union President will be provided, on a quarterly basis or upon request, the names, and home addresses, and such other data that is readily available from the City’s information database for all current employees of the City who are in the bargaining unit. The Union shall have access to such names and addresses at any time pursuant to public records law, subject to such fees as may be proper in accordance with state law. F. The Union representatives shall be allowed as defined below time off without loss of pay during their regular shift hours for investigating grievances provided that, in the judgment of the Department or City, the performance of this function by the Union representative shall in no way interrupt the normal functioning of City work assignments. The investigation of grievances by Union representatives shall not be conducted in greater than 2-hour increments per day. The Union agrees to guard against the use of excessive time for such activities which are authorized by this Agreement. The Union representative will provide advance notice to his/her supervision to allow planning arrangements to enable the Union representative time off for investigative activity. When a Union representative desires to contact an employee in the unit who has a complaint, he/she shall first obtain permission from the employee’s supervisor. If permission is denied at that particular time, the Union representative will be informed of the reason for the denial. However, the denial of permission shall not be subject to the grievance procedure. The Union representative will notify his/her supervisor upon his/her return to work. The President of the Union, or the designee of the President, shall have the privileges accorded to a Union representative. G. There shall be an average of one Union steward for each City department or one for each 35 employees in the bargaining unit. No division shall be assigned more than one Union representative unless the Division has more than 35 employees, then one Union steward for each 35 employees or fraction thereof may be assigned. 6 H. The City shall permit the Union to make a presentation to all new bargaining unit members at the City new employee orientation. Subject matter of the Union presentation and any Union materials to be distributed must be approved by the City Manager or his/her designee. Section 6. Miscellaneous A. Shared Cost of Printing Agreement -- The City and the Union each agree to pay one-half of a reasonable cost for printing copies of this Agreement in pocket booklet form for all employees in the unit. If the City is unable to perform the printing or copying internally, the City agrees to include up to three printers of the Union’s choice in obtaining quotes for services in accordance with City purchasing guidelines. The City further agrees to utilize the printer of the Union’s choice if such printer submits the lowest bid, or provided the Union pays the difference in copying costs between that of the Union’s printer and that of the printer submitting the lowest bid. B. Review of Personnel File -- On reasonable advance notice, employees shall be allowed to review their personnel files. C. Participation in Charity Drives -- Employees are encouraged to participate in charity drives. However, no employees will be pressured by either party to this Agreement to contribute to any charity. D. Union Committees -- Certain committees of the Union may be allowed to meet during normal work hours, this time to be subject to approval by the City Manager's office. Such committees and meetings shall not include preparation for bargaining. E. Use of City Copying Equipment -- Cost to be paid by the Union for printing of Union material in accordance with the established City rate for copies. This material shall be non-controversial in nature and subject to advance review by the City Manager or his/her designee. Section 7. Emergency Conditions If in the sole discretion of the City Manager or the Mayor it is determined that civil emergency conditions exist or may exist, including, but not limited to, riots, civil disorders, hurricane conditions, strikes, or similar catastrophes or disorders, this Agreement may be suspended by the City Manager or the Mayor during the time of the declared emergency, provided that wage rates and other direct monetary payments shall not be suspended. Nothing in this Section 7 shall effect the City’s Management rights under Article 3, Section 4. Section 8. Impact Bargaining The City and Union agree to bargain the impact of the exercise of Management Rights to change wages, hours or terms and conditions of employment of any person covered by this Agreement. The City will notify the Union of any proposal that may affect wages, hours, or terms and conditions of employment prior to implementation. The Union will notify the City in 7 writing, within 30 calendar days, of the specific impact and the intent of the Union to bargain the impact of the change. Failure to notify the City of the specific negotiable impact of a proposed change within the time limit prescribed above shall constitute acceptance of the change on the part of the Union and the City may implement the change at the end of the prescribed time limit. If timely notice is given, the proposal shall not be implemented until resolution is reached. The City and the Union will then negotiate those impacts. In the event of an impasse on said bargaining, the parties agree the Special Magistrate process is waived and the parties will proceed directly to the City of Clearwater Council for final and binding resolution of the issues. The parties may call for a Special Magistrate upon mutual agreement endorsed in writing. ARTICLE 4 NO STRIKE AND OTHER UNLAWFUL ACTS Section 1. The parties specifically incorporate herein the provisions of Florida Statutes 447.505, 447.507, and 447.509. Section 2. In addition to the prohibitions and penalties prescribed in the aforementioned sections of the Florida Statutes, the parties specifically agree that any individual employee engaging in such activity may be immediately terminated in accordance with said Statutes. In addition, liability shall attach to such individual employee as well as the Union if the provisions of this section are violated. Section 3. Should the Union or any of its employees breach this Article, the City may, in addition to the remedies provided in Chapter 447 of the Florida Statutes, be entitled to obtain a temporary injunction at an ex parte hearing. ARTICLE 5 LABOR/MANAGEMENT COOPERATION The Union recognizes and supports the concept of a Labor-Management Committee to address city-wide employee concerns that are not specifically provided for by contract provisions and to improve labor-management communications. Such a committee shall be established, composed of Union and City representatives. Rules and operating procedures of the Committee shall be established and may be changed by mutual agreement of the City and the Union. The Labor-Management Committee shall not be intended to bypass the grievance procedure. The Committee shall have advisory powers only but may propose standard policies and procedures to be followed city-wide. However, decision making responsibility shall continue to remain with line management of the City and with line officers of the Union. If such recommendations are adopted by the City Manager, they shall not be applied to bargaining unit employees if they are in conflict with the provisions of the CWA contract. The City agrees that meetings, mutually agreed upon between the Union and the City will be held to discuss problems and objectives of mutual concern. These meetings do not preclude any additional or needed meetings between any management and Union representative. 8 The City will fund the registration cost only for up to five Union members who are current City employees to attend the Florida Labor Management Conference or a similar labor- management conference or seminar within the state of Florida one time for each year of the Agreement. The expenditures of any such funds made available by the City will require the mutual agreement of the City and the Union. ARTICLE 6 GRIEVANCE PROCEDURE It is the intent of this Article to provide a means for the fair, expeditious and orderly settlement of disputes that arise under this Agreement between the Union and/or an employee and the City. All employees and supervisory personnel should make every possible effort to settle differences at the lowest possible step outlined in this Article. Section 1. A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement. Grievances may be filed by the City or by an aggrieved employee through the Union. Entrance probationary employees shall not have access to the grievance procedure during the probationary period. Grievances initiated by the City shall always begin in Step 3, as hereinafter provided. A class-action grievance may be filed by the Union if an action or dispute directly affects more than one bargaining unit employee. A class-action grievance may begin at Step 3. Section 2. No employee or group of employees may refuse to follow directions pending the outcome of a grievance. Employees in the unit will follow all directives, even if such directives are allegedly in conflict with the provisions of this Agreement. Compliance with such directives will not in any way prejudice the Union and/or employee's right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. Section 3. It is recognized and accepted by the Union and the City that the processing of grievances is of utmost importance, and therefore grievances may be processed during employees' normal working hours without loss of wages when the absence of employees or supervisors involved is reasonable and will not, in the judgment of the Department Head or City Manager or City Manager's designee, be detrimental to the work programs of the City. A grievant may be accompanied by a Union representative at any time during the grievance procedure. The City will attempt to accommodate all parties in the processing of grievances. Section 4. If an employee selects the grievance procedure, as hereinafter set out under this Agreement, it is specifically understood that said employee has exercised his/her option granted by Florida Statutes 447.401 and cannot thereafter process his/her complaint under any Civil Service appeal procedure. Any employee presenting a grievance shall be referred to a Union representative after which the Union will advise whether the grievance is meritorious for processing, and shall be formally processed in accordance with the steps outlined below. When the City is informed by the Union that it is representing an employee in the grievance process, the City shall not deal directly with the employee throughout the process except at the 9 employee’s specific written request. The Union shall be afforded the opportunity to be present at the resolution or determination of any grievance involving a bargaining unit member. Normal working hours shall be 8:00 a.m. to 5:00 p.m. on normal work days which are Monday through Friday, except holidays. Step 1 Within 15 working days after such alleged violation is known by the grievant, the Union and/or aggrieved employee will present the grievance in writing on the appropriate form to the employee's division head and a copy to the City Manager or his/her designee. The written grievance at this step, and at all steps thereafter, shall contain the information specified on the grievance forms. Forms will be made available to employees by both parties. Grievances submitted which do not contain the information required on the form shall be returned to the Union and/or employee for completion. The Union and/or employee shall be advised as to why the form is not complete. This shall extend the required time for submittal of the grievance to 5 working days from the time that the grievance is returned to the grievant. Upon acceptance of the grievance, the grievance form may not be amended from the original written grievance at the initial step of the grievance procedure except by mutual agreement of the parties. The division head will arrange for a meeting with the Union and/or grievant within five working days after receipt of the grievance or failure of the parties to resolve the grievance informally. A grievant may have a Union representative accompany him/her to the meeting with the division head to whom the employee is responsible. Discussions shall be informal for the purpose of settling differences in the simplest and most direct manner. The division head will provide the Union and/or the grievant with a written answer on the grievance within five working days from the date of said meeting. If the grievance is not resolved at Step 1, the Union and/or grievant, within ten working days, may appeal the grievance to Step 2. Step 2 If the grievance is appealed to the Department Director, the Department Director or designee will arrange for a meeting with the Union and/or grievant within five working days after receipt of the grievance. A grievant may have a Union representative accompany him/her to the meeting with the Department Director or designee to whom the employee is responsible. Discussion shall be informal for the purpose of settling differences in the simplest and most direct manner. The Department Director or designee will provide the Union and/or grievant with a written answer on the grievance within five working days from the date of said meeting. If the grievance is not resolved at Step 2, the Union and/or grievant may, within ten working days, appeal the grievance to Step 3. 10 Step 3 If the grievance is appealed to the City Manager or his/her designee, the City Manager or his/her designee will arrange for a meeting with the Union and/or grievant within 10 working days of receipt of the grievance. Both the City and the Union and/or grievant shall have the right to include in its representation such individuals as they deem necessary to develop pertinent facts. Discussion shall be informal for the purpose of settling differences in the simplest and most direct manner. Acting for the City, the City Manager or his/her designee shall, within 21 calendar days, provide a written decision to the Union and/or grievant after the hearings have been held. If the Union and/or grievant is not satisfied with the disposition of the grievance at Step 3, the grievance may be submitted to arbitration. Step 4 – Arbitration A. Within 60 calendar days from the receipt of the decision of the City Manager or his/her designee for a Union/employee initiated grievance, or failure to resolve a City-initiated grievance as provided in Section 5, Miscellaneous, subparagraph “H” hereof, the party requesting to arbitrate the grievance shall give written notice to the other of intent to arbitrate and shall at the same time request a list of seven arbitrators from the Federal Mediation and Conciliation Service. For Union initiated grievances involving suspension, demotion, or dismissal, the time limit for requesting arbitration shall be 90 calendar days following receipt by the Union of the City Manager or designee’s decision. Each party shall have the right to unilaterally reject one list of arbitrators received from FMCS. Thereafter, a list may only be rejected by mutual consent of the parties. B. Within 10 calendar days after receipt of the list of arbitrators, the Union and the City shall meet and each strike three names there from, with the party presenting the grievance striking the first name and the parties alternating thereafter, the remaining name to designate the arbitrator. C. As promptly as can be arranged the arbitration hearing shall be held. The arbitrator shall arbitrate solely the issue presented and shall not have the authority to determine any other issues not submitted to him/her. The arbitrator, in rendering his/her decision, shall confine his/her decision to the grievance in question and he/she shall not have the authority to add to, take away from, alter or amend any provision of this Agreement. D. The decision of the arbitrator, insofar as it is in conformance with paragraph "C" herein above, shall be final and binding on the aggrieved employee, Union, and City. E. The expense of the arbitrator shall be borne equally by both parties, except that if either side desires a written transcript, such side shall bear the costs thereof. Expenses in connection with attendance of participants and witnesses for any party shall be paid by the party producing such participants and witnesses. F. Any decision of the arbitrator shall not be retroactive more than 15 working days prior to the date the grievance was submitted. The City will incur no liability for back pay more than 30 days following the arbitration hearing. 11 Section 5. Miscellaneous A. The parties will cooperate in the investigation of any grievance, providing all pertinent information as may be requested for the processing of a grievance. B. No reprisals of any kind shall be taken against any party in interest participating in the grievance procedure. C. No record dealing with the processing of a grievance shall become a part of the personnel files of individual employees; however, ultimate records of adverse actions against employees may be included in personnel files. D. No employee shall be required to discuss a written grievance if a Union representative is not present. E. In order to prevent the filing of a multiplicity of grievances on the same question of interpretation or compliance where the grievance covers a question common to a number of employees, it shall set forth thereon the names of the persons of the group and the title and specific assignments of the people covered by the group grievance. In such event, the Union and/or one employee shall be designated by the group of employees to act as the grievant. F. Grievances arising at a step other than Step 1 shall be processed in the same manner except that the grievance will be initiated with the appropriate City Manager or his/her designee rather than with the division head or department head. Grievances relating to suspension or dismissal shall be initiated at Step 3, however the Union shall be required to provide a copy of any such grievance submitted at Step 3 to the employee's department head. G. It is specifically agreed that employees who claim to have been discharged unjustly shall be subject to the foregoing grievance procedure, and if it is found that an employee has been unjustly discharged, he/she may be returned to work with pay for all time lost; provided that discharge or other disciplinary action taken with respect to any probationary employees is expressly excluded from this paragraph. H. Where any provision of this Agreement involves responsibility on the part of the Union that, in the view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance. If such grievance cannot be resolved by discussion between the City and the Union on an informal basis, the grievance shall be initiated at Step 3 of this procedure by the City Manager, or his/her designee, and submitted in writing to the Union President. If not resolved within 21 calendar days following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under the provision of this Article. I. The time limits of a grievance at any level may be extended by mutual written consent of the parties. If a grievant fails to submit or advance a grievance at any step in the process 12 within the prescribed time limit as defined above, the written determination received by the grievant from the respondent at the prior step shall be considered accepted by the grievant, and the grievance shall be considered resolved. If the City fails to respond to a grievant at any step in the process within the prescribed time limit as defined above, the Union may advance the grievance to the next step in the process. ARTICLE 7 PERSONNEL PRACTICES Section 1. Regular Work Hours A. The regularly scheduled work week of the employees in the bargaining unit will be from 12:01 a.m. Saturday to midnight Friday. Employees’ hours of work excluding unpaid meal periods will consist of the number of hours set forth opposite the respective job class titles in the Official Pay Plan. Employees must obtain approval from a person of competent authority prior to working any hours outside of their established work schedule, either before their designated starting time or after their designated quitting time or during an unpaid meal period. B. The City shall determine and notify employees in advance of the days and times of work for their normal work schedules. Regular full-time employees will be provided an unpaid meal period of either thirty (30) minutes or sixty (60) minutes duration as determined by the respective Department Director. The City Manager or his/her designee shall review and determine whether, in situations where the employees’ position does not permit the employee to be freed from his/her duties only, the employees shall instead be paid for all scheduled hours and required to take a meal during any period of non-work time during the course of the workday. Such determination will not be changed on a daily basis except when necessary due to operational demands. The City shall determine at what time applicable employees will be required to take an unpaid meal period. Generally, the meal period will be scheduled in the middle of the work shift. Employees who are not scheduled an unpaid meal period will not be required to take their meal during a 15 minute paid rest period. When employees are required by the City to perform actual job duties during any part of a meal period, they will be compensated in accordance with applicable provisions of the Fair Labor Standards Act and this Agreement for any time worked. All full-time employees shall be entitled to two 15-minute paid rest periods, one during the first portion of their work shift prior to the meal period and one after the meal period. Full-time employees who work a partial day shall be provided one 15-minute paid rest period for each four hours worked. If employees opt not to utilize such rest periods, the City shall not be deemed to have violated this section. Employees shall not have the right to accrue or otherwise utilize rest periods to alter their work schedule. Paid rest periods must be taken in their entirety and may not be subdivided into shorter increments. 13 Part-time employees shall be granted meal or rest periods in accordance with the above and based on the number of hours worked each day proportionate to a full-time employee in the same job classification. Employees assigned to the Police Department Communications Division in the classifications of Police Telecommunicator Trainee, Police Telecommunicator , Senior Police Telecommunicator or Police Telecommunicator Supervisor shall be allowed to combine their fifteen (15) minute paid rest periods in conjunction with the thirty (30) minute unpaid meal period to provide adequate break for employees while not impeding the dynamic operational needs of the environment. This duration of time should be scheduled during the middle of the shift and may not be used to alter or shorten the work day. Employees assigned to the Solid Waste Department Operations Division in the classifications of Solid Waste Accounts Coordinator and Solid Waste Operations Supervisor, shall be allowed to combine their fifteen (15) minute paid rest periods in conjunction with the thirty (30) minute unpaid meal period to provide adequate break for employees while not impeding the dynamic operational needs of environment. This duration of time should be scheduled during the middle of the shift and may not be used to alter or shorten the work day. C. When an employee is required by his/her respective Department Director to attend training or job-related workshops, such time spent in training shall be paid and counted as hours worked toward the calculation of overtime. Meal periods shall not be included as such hours worked. However, if the time spent in training alone is less than the employee’s regularly scheduled hours of work for the day, and it is not practical as determined by the employee’s department for the employee to report to work before or after the training, the employee will be paid for the number of his/her regularly scheduled hours for the day. D. The number of days of work in a specific work week for employees in the bargaining unit may vary between four (4), five (5), or six (6) days. Whenever practicable, each employee’s regularly scheduled work week will consist of two (2) days off per week, exclusive of overtime, standby, or recall. Each full-time employee and any part-time employee requesting such will be granted at least one (1) day off per week, exclusive of overtime, standby, or recall. E. An employee's work schedule will not be changed arbitrarily, and the employee will be given reasonable notice consistent with the City's planning of its needs. Forty-eight (48) hours will be deemed reasonable notice. A change in work schedule shall be considered to be a change in the established regular days or hours of work constituting the employee’s normal work schedule. The requirement to continue working beyond the normal end of a work shift when directed by competent authority to complete duties, tasks, or work assigned on the same work day shall not constitute a change in the employee’s work schedule. 14 F. Employees may request, and with the prior approval of their respective Department shall be permitted to adjust or “flex” their hours of work within a specific work week. The City may request whether or not employees are interested in voluntarily flexing their work hours. However, the City shall not require employees to flex their work hours solely to avoid the payment of overtime, and shall not discipline employees for electing to not voluntarily flex their work hours. This provision shall not impede the City’s ability to adjust employees’ work schedules or to assign overtime when operationally necessary in accordance with applicable provisions of this Agreement. G. Employees are expected to be at their work station and prepared to work at their appointed starting time. Employees will work until released by competent authority and will not leave their work station or locations before their appointed quitting time. H. Employees will be paid in increments of one-quarter of an hour. Employees will not be docked pay for up to the first seven minutes and fifty-nine seconds after their appointed starting time. Employees will not be paid for periods of work performed in increments of seven minutes and fifty-nine seconds or less. For example, an employee who reports to work seven minutes and fifty-nine seconds after his/her appointed starting time shall be considered tardy, but shall not be docked pay. An employee who works eight minutes or more beyond his/her appointed quitting time shall be eligible to be paid in increments of 1/4 hour for all such time. Section 2. Appointments & Promotions A. All appointments to positions in the bargaining unit shall be made on the basis of merit and fitness for the position to be determined as far as practical and possible by competitive examination or other evaluation process under the policies and practices of the Human Resources Department. The City Manager or designee; upon notifying the Union or Union designee, may authorize the placement of a candidate at a rate above the established entry of the salary range not to exceed ten percent (10%) for a classification based on the candidate’s job related education, training and experience as well as any recruiting or retention issues. Employees may review their own respective examination or evaluation results upon request. The Union local president or designee (excluding any applicant shall be permitted to review individual examination or evaluation results upon request and take such notes as necessary for the purpose of determining whether to file or pursue a grievance. B. Announcements for competitive exams or evaluation processes will be provided to each City Department for posting at each appropriate work location at least 10 work days prior to the filing deadline. C. The City agrees to use to the maximum extent the skills and talents of existing employees in the unit in order to achieve the resulting benefits of higher morale and reduced turnover. In filling positions in the unit, the City will give concurrent consideration to persons in and outside the unit, but all other factors being substantially equal, will fill such 15 positions by selection from eligible candidates in the unit. This shall not preclude the City from giving promotional examinations restricted to City employees. D. Promotional Lists -- The names of all persons who may be lawfully appointed and who shall have attained a passing grade on any promotional or open competitive examination or evaluation processes shall be placed on the appropriate promotional list. E. Duration of Eligibility -- All bargaining unit members appearing on appointment eligibility lists shall remain eligible for a period up to one (1) year from the date of the establishing of the member’s name on the appropriate list. Bargaining unit members appearing on reemployment eligibility lists shall remain eligible for reemployment for a period up to one (1) year from the date of separation. F. Removal of Names from Lists -- Names of eligibles shall be removed from appropriate eligible lists by operation of any of the following: 1. Appointment through certification from such list to fill a permanent position. 2. Declination of Appointment: Failure to respond to any inquiry of the Human Resources Department regarding availability for appointment. 3. Separation from the City service of an employee on a promotional list. 4. Disability (in accordance with the Americans with Disabilities Act) that prevents the eligible from performing satisfactorily the duties of the position with or without a reasonable accommodation. 5. Determination by the Human Resources Director that the eligible has been found to lack any of the established qualifications for the position. G. Types of Appointments -- All vacancies in the bargaining unit shall be filled by appointment from the appropriate eligibility list, as determined by the Hiring Department and the Director of Human Resources. Selection criteria shall be developed by the City and reviewed by the Human Resources Department. Such criteria, including relevant qualifications and seniority as described in Article 14, Section 1, B, shall be noted on the job announcement at the time of its posting. Action plans more than two (2) years beyond successful completion shall not be considered as factors in any appointment decision involving an existing employee. An employee who is not selected for promotion shall be afforded, upon request, a meeting with the respective hiring department and/or Human Resources to be provided an explanation of the selection criteria and the manner in which it was applied, and including a review of areas whereby improvement may make such employee better qualified. H. Promotions -- Whenever an employee having regular status successfully competes in an open competitive examination and receives an appointment to a class of a higher level, such appointment shall be considered a promotional appointment. A class of a higher level shall be deemed to be one having a higher maximum rate of pay. CWA employees 16 shall receive a 5% increase or brought to the minimum of the pay grade whichever is greater upon promotion. If at the time of promotion an employee is receiving additional compensation other than acting pay, the promotional rate of pay shall be established at the first rate of pay in the pay range of the higher classification that represents an increase of 5% above the employee’s overall compensation at the time of promotion. However, under no circumstances will the promotional base rate of pay exceed the established pay range maximum of the higher level classification. I. Demotions -- An employee may request to be permitted to voluntarily demote to a position at the same or lower level requiring essentially the same or lesser qualifications within a class series or for other classes in which the employee was previously certified. Such employee’s name shall be provided to the hiring department along with the certified eligibility list, but shall not establish any entitlement or right of the employee to the vacant position, and it shall be the sole discretion of the hiring department to select such employee. CWA employees who are voluntarily or involuntarily demoted from one classification to a lower level classification shall have their rate of compensation fixed at the rate of pay in the pay range for the lower level classification that represents at least a 5% decrease in pay. An employee who is selected for a voluntary demotion to a position as a trainee in an established Public Utilities apprentice program requiring essentially the same or lesser qualifications within a class series shall be permitted to maintain his/her rate of pay upon appointment to the new classification, but shall be required to fulfill all requirements of the trainee position within any prescribed time limit, or shall be subject to dismissal from employment or the requirement to obtain alternate employment with the City. Such employee shall not receive a promotional pay increase upon completion of the respective requirements for advancement, unless rate of pay falls below the minimum pay for the promotional classification. Employee maintains his/her current annual performance evaluation date in effect at the time of the demotion for determining eligibility for subsequent merit pay increases. J. Any employee who leaves the apprenticeship program shall be subject to an analysis of rates, at the discretion of the City. K. Order of Certification -- The Human Resources Director shall determine the order of certifications which may be by test score, alphabetically, by special qualification or as otherwise determined appropriate. L. Temporary and Emergency Appointments 1. Whenever there is need of an employee for a temporary period, the Human Resources Director shall certify the names of persons on the appropriate eligibility list in accordance with City Civil Service Rules. The acceptance or refusal by an eligible for a Temporary appointment shall not affect his/her standing on the eligible list. 2. When it is impossible or impracticable to fill a position or when an eligibility list does not currently exist for a position classification, the Hiring Department and the Human 17 Resources Director may appoint any qualified person to such position via an Emergency Appointment without competitive evaluation in accordance with City Civil Service Rules and Regulations. 3. The Union shall be provided upon request a list of all current Emergency Appointments. M. Probationary Periods 1. All persons initially employed, transferred, demoted, or promoted to, or within, the bargaining unit shall have to serve a probationary period. During the probationary period, management shall observe and review the employee's job performance, attendance, attitude and adherence to Department and City requirements and such other factors as in the City's determination are important factors to consider with respect to continuing the employee in the position. 2. The probationary period shall consist of six (6) consecutive months or the equivalent with the exception of the Police Telecommunicator Trainee/Police Telecommunicator classification in which the probationary period is one (1) year. The City may extend such probationary periods for up to three additional months. 3. Determination that the employee has not successfully completed the probationary period shall be made by the City. The promotional probationary employee who does not successfully complete the probationary period may have his/her probationary period extended for up to three (3) months; or shall have the right to be returned to the employee’s former position at any time up to five (5) work days following the completion of the employee’s first month probationary performance review if the position is available; or may be re-assigned subsequent to five (5) work days following the completion of the employee’s first month probationary performance review to another position at the same or lower level for which the employee is determined to be qualified and with no loss of pay from the employee’s position prior to promotion; provided in any case that there is no cause for dismissal. Employees who take advantage of the opportunity to revert to their position held prior to promotion within the requisite time period of up to five (5) work days following the completion of their first month promotional probationary review shall have their annual performance evaluation date returned to the date that was effective prior to the promotion rather than the date of the return to the former position or voluntary demotion. The probationary employee who does not successfully complete the probationary period may have his/her probationary period extended for up to three (3) months, or shall be separated from employment. 4. Time served during a Temporary appointment in the same job class immediately preceding regular employment status shall be credited as time served. Probationary period will start when regular employment status begins. 5. In the event that an employee is for any reason absent from duty for an accumulated period of scheduled work hours equivalent to more than nine work days prior to the 18 completion of the probationary period, all such time off may be used to extend the prescribed probationary period. 6. If a promotional probationary employee has committed a serious infraction which warrants dismissal, then the employee shall be dismissed and not returned to his/her former position. 7. Any newly hired employee who is separated during or at the end of the expiration of the probationary period, or newly promoted employee who is returned to his/her former position, shall have no right of appeal or grievance relating to such action. N. Job Classification Review An employee, for good and sufficient reasons, may request a review for a change in classification. Such request shall be submitted in writing to the employee’s department director first. The department director shall review the request and send it, with his/her recommendation, to the Human Resources Director for review as to its justification. The Human Resources Director shall review the request and recommend to the City Manager or designee the appropriate action. The decision of the City Manager is final and binding. Section 3. Health & Safety A. The City and the Union will cooperate in establishing a sub-committee of the Labor/Management Committee with the continued objective of eliminating accident and health hazards. This committee will meet on a regular basis and may make written recommendations to the City regarding unsafe conditions or ideas for City safety. The City will consider written recommendations from the committee and will implement solutions to these conditions where practicable or shall appear before the committee or provide a written response as to why said solutions are not practicable. The committee will not be utilized to determine fault or to reach any conclusion or determination regarding potential disciplinary action. B. The City will provide any safety equipment and devices for employees engaged in work where such special devices and equipment are necessary and are specifically required by the City. Employees not utilizing safety equipment which is specifically required by, and furnished or paid for by the City, shall be subject to denial of work and/or disciplinary action. C. Employees will not suffer any position penalty nor be financially responsible for damage to City property occasioned by accident which is not caused by negligence. D. The City shall continue to maintain a cleanup room with sanitary showers for the use of all employees whose employment presents a threat of disease due to their exposure to unsanitary conditions in those areas where it is currently doing so. If the Union believes that new locations or areas exist which they feel should have cleanup rooms with sanitary showers for use by employees, they shall advise the City at a Labor-Management meeting and the City shall initiate a review of the need. 19 E. The City agrees to periodically review the availability of discount programs through third parties for employees who wish to purchase safety equipment not required and provided by the City. F. No employee shall be required to work more than 16 hours in any day, except in an emergency. All employees must be available to report to work at any time before, during, or after any designated emergency. This includes but is not limited to their assigned shift. Employees must be prepared and available to work their entire shift and be prepared to work any overtime hours as may be required under emergency conditions. Every effort will be made to ensure that no employee is required to work more than six (6) consecutive days without receiving twenty-four (24) continuous hours off-duty time. All employees are subject to being called in to work on non-scheduled or non-duty days. Failure to return to work as required may lead to discipline, up to and including termination. Any employee, who has a personal situation which may prevent the required return to work, must receive permission from the Department and Human Resources Director for the expected absence prior to June 1 each year. G. The City shall provide free access for all bargaining unit members, and family members who are currently enrolled on the City’s health insurance plans, to any City recreational facility. Additional fees for programs conducted at such facilities shall be borne by the employee. It is understood by all parties that the decision whether to use such facilities is completely voluntary on the part of the bargaining unit members, and time spent using such facilities shall neither be paid nor will any accidents or injuries incurred while utilizing such facilities be compensable under workers compensation. Section 4. Paycheck Issuance Pay advice shall be available to be issued to employees by 9 a.m. of their respective workdays on the same day that the pay advice is dated. Employees shall have an option to opt out of receiving a paper pay advice and accessing it online. Section 5. Communications Employees shall be prohibited from engaging in any form of work-related communication that may be considered compensable during any unpaid hours outside of their scheduled work hours without first obtaining approval from a person of competent authority. This includes the use of City issued cell phones and land-line City work phones, direct-connect communications (push to talk or walkie-talkie), text messaging, radio communications, and the use of a City computer or remote access to the City computer system (including e-mail). Employees shall not use their personal communications devices for non-emergency communications during work hours except for paid breaks and meal periods. Such personal communications shall be of short duration, conducted in a safe manner, and shall not adversely impact operations. Violation of these provisions shall be considered grounds for discipline. 20 ARTICLE 8 LEAVES OF ABSENCE Section 1. Holidays A. Designated Holidays The following days shall be observed as designated holidays for regular full-time and part- time employees. New Year's Day Labor Day Martin Luther King Day Veterans' Day Presidents' Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Note: Emergency, Temporary, temporary part-time, and other non-regular employees shall not receive holiday pay. 1. Regular part-time employees shall be eligible to receive holiday pay at a prorated amount based on 20% of the weekly average of the employee’s annual budgeted hours. 2. When a City designated holiday falls on Saturday, the preceding Friday shall be designated a substitute holiday and observed as the official holiday for the year for non-shift employees. When a City designated holiday falls on Sunday, the following Monday shall be designated a substitute holiday and observed as the official holiday for that year for non-shift employees. All designated holiday pay considerations are applicable to the designated holiday. 3. Designated holidays which fall on an employee’s regularly scheduled work day shall count as hours actually worked for the purposes of calculating overtime. The City shall not arbitrarily adjust work schedules to preclude a designated holiday from falling on an employee’s regularly scheduled work day. 4. Employees who are required to work on a designated holiday shall receive time-and- one-half their regular pay for all hours actually worked on the holiday plus holiday pay at the employees’ regular rate of pay. 5. An employee scheduled to work a designated holiday and who, without notice and valid reason therefore, in the judgment of the City, fails to report for such work, shall forfeit holiday pay as well as losing regular pay for the number of hours he/she would have worked. 6. Employees on vacation leave, jury duty, sick leave and other absences from duty but on a regular pay status on the day the designated holiday is observed must use the holiday on the same day that it is observed. 21 7. In order for an employee to receive holiday pay, the employee must work the regularly scheduled workdays immediately preceding and following the designated holiday, unless the absence has been approved and authorized in writing by the department. Employees who are absent from work in a non-pay status (such as an employee receiving Workers’ Compensation who has exhausted the injury benefit and sick leave, leaves of absence without pay, etc.) on either their regularly scheduled work day immediately preceding or immediately following the designated holiday shall not be paid for holidays falling within such periods. 8. If an employee calls in sick in accordance with established notification requirements when scheduled to work on a designated holiday, the employee shall receive holiday pay equivalent to the number of hours the employee is scheduled to work on the holiday and shall not be charged sick leave. 9. Pay Procedures for Designated Holidays a) Procedure when holiday falls on employee’s scheduled work day and employee takes the day off: Employees receive holiday pay equivalent to the number of hours the employee is scheduled to work on the holiday in addition to pay for all hours worked the remainder of the workweek. b) Procedure when holiday falls on employee’s scheduled work day and employee works part of the day, works the respective normal full work day, or works overtime beyond the respective normal full work day: Employees receive holiday pay equivalent to the number of hours the employee is scheduled to work on the holiday and are paid time-and-one-half for hours actually worked on the designated holiday. c) Procedure when holiday falls on employee’s regularly scheduled day off: Employee may elect to receive holiday pay equivalent to 20% of the employees’ weekly average budgeted hours which will not count as hours actually worked for the purpose of calculating overtime in addition to pay for all hours worked the remainder of the workweek; or may elect to designate as a holiday and not work his/her regularly scheduled work day which immediately precedes or immediately follows the City designated holiday within the same pay week, in which case the employee will receive holiday pay equivalent to the number of hours the employee is scheduled to work on that day, and such hours for holiday pay would count as hours actually worked for the purpose of calculating overtime. B. Floating Holidays In addition to the designated holidays above, employees shall be entitled to up to three (3) floating holidays per payroll calendar year. Employees receive floating holiday pay equivalent to the number of hours the employee is scheduled to work on the floating holiday in addition to pay for all hours worked the remainder of the workweek. Regular part-time employees shall be eligible to receive floating holidays at a prorated amount based on 20% of the weekly average of 22 the employee’s annual budgeted hours. Floating holidays may be utilized in full-day increments only, regardless of the number of hours the employee is scheduled to work on the day the floating holiday is utilized. Floating holidays shall count as hours worked for the purpose of calculating overtime. 1. Designated holidays or any day an employee is not scheduled to work may not be selected as a floating holiday. 2. Floating holiday requirements for new hires are as follows: a) No employee may utilize floating holidays until sixty (60) calendar days after his/her date of employment. b) Any bargaining unit member employed between January 1 and March 31 shall receive three (3) floating holidays to be utilized during the calendar year of hire. c) Any bargaining unit member employed between April 1 and June 30 shall receive two (2) floating holidays to be utilized during the calendar year of hire. d) Any bargaining unit member employed between July 1 and September 30 shall receive one (1) floating holiday to be utilized during the calendar year of hire. e) Any bargaining unit member employed on or after October 1 shall not receive any floating holidays during the calendar year of hire. 3. Floating holidays may not be carried over from one payroll calendar year to another. 4. Floating holidays are scheduled at the mutual convenience of the employee and the respective Department. Generally, 48 hours shall be considered reasonable notice for requesting the use of floating holidays. However, the respective Department Director or designee shall have the sole discretion to approve such requests if practicable when provided with less than 48 hours notice. 5. Upon an employee's separation from the City, the employee will receive a lump sum payment at the employee’s current base rate of pay for his/her remaining floating holiday balance, or if retiring may use such balance to advance the date of retirement. 23 Section 2. Vacation A. Vacation Accrual Vacation Accrual for Employees Years of Service Biweekly Accrual Vacation Days 0 .0385 0 1* as of anniversary date .0385 10 2 .0385 10 3 .0424 11 4 .0462 12 5 .05 13 6 .0539 14 7 .0577 15 8 .0577 15 9 .0577 15 10 .0616 16 11 .0616 16 12 .0654 17 13 .0693 18 14 .0693 18 15 .0731 19 16 and over .077 20 B. Maximum amount of vacation leave that may be accumulated is 240 hours. C. The vacation year shall be the payroll calendar year. D. Vacation leave will accrue on a hourly basis and will be pro-rated according to hours in a paid status and excluding overtime, standby, recall or call back hours, or any hours paid by workers compensation. E. The borrowing or advancing of vacation leave prior to its accrual is prohibited. F. Employees must be employed for six (6) calendar months prior to requesting the use of vacation leave. G. New full-time employees who fail to complete six (6) calendar months of service are not paid for any accrued vacation leave. New part-time employees who have not obtained the requisite number of hours equivalent to 1040 hours are not paid for any accrued vacation leave. H. All employees must be granted a minimum of two (2) weeks vacation per calendar year if properly requested by the employee in accordance with Department vacation selection procedures. Vacation leave may not be carried in an amount above the vacation cap. If vacation leave in excess of the cap is not taken, it is forfeited, except when a Department cannot schedule or cancels previously scheduled vacation time due to City work needs. The canceled vacation time must then be taken within 60 calendar days of the scheduled vacation 24 date. No other granting of any carryover of vacation time above the vacation leave cap is permitted. I. A period shall be established for the purpose of vacation selection, known as a vacation pick. This period shall be the first two work weeks in the month of December each year. All employees will have the opportunity to submit their vacation requests for up to the number of hours that the employee currently accrues annually for that calendar year only. Management will review these requests and determine their operational needs and staffing requirements. Management will grant the requests that do not interfere with the operations of the City. However, an employee who is approved for time during the vacation pick process and then does not have accrued vacation hours to cover the time when it arrives may be denied vacation requests exceeding the amount of vacation hours the employee has accrued at the time of the following vacation pick period. If more than one person requests vacation that conflicts with staffing needs of the City, the conflict will be decided on the basis of City seniority, except that an employee who voluntarily changes schedule or shift after the completion of the vacation pick process shall not be given precedence over another employee on the new schedule or shift who has already obtained approval for vacation on the same day. After the end of the vacation pick, any request for vacation shall be based on “first come, first serve.” Seniority of a bargaining unit member shall not be used to revoke vacation leave or other time off for which a department has granted prior approval to another bargaining unit member with less seniority. J. In the event an employee is promoted, demoted or transferred from a full-time position to a full-time position with greater or lesser biweekly hours, such employee's then accrued vacation hours shall be adjusted, as appropriate, to reflect the equivalent vacation days. K. Regular part-time employees shall have vacation accrual prorated each payroll period based on the actual hours in a paid status. L. Upon separation from the City service, employees shall be paid at their respective current base rate of pay at the time of separation for the unused portion of vacation leave for which they may at that time be eligible, or if retiring may utilize such remaining vacation leave balance to advance the date of retirement. M. If service requirements permit, employees may, with reasonable notice and the approval of their respective Department, use their accrued vacation in increments of quarter of an hour. 48 hours shall be deemed reasonable notice. However, the respective Department Director or his/her designee shall have the sole discretion to approve such requests if practicable when provided with less than 48 hours notice. The application of this paragraph shall not be subject to the grievance procedure. Section 3. Sick Leave A. Sick Leave Accrual 1. Employees shall accrue sick leave each payroll period prorated based on regular hours in a 25 paid status and excluding overtime, standby, recall or call back hours, and any hours paid by workers compensation. Employees shall accrue .0462 hours of sick leave on an hourly basis. Note: Employees earn 12 days per payroll calendar year. 2. Regular part-time employees shall be eligible to receive sick leave at a prorated amount based on hours in a paid status in accordance with the above. B. Sick Leave Accrual Caps Employees hired prior to October 1, 2008 may accumulate up to 1,560 accrued hours. Employees hired effective October 1, 2008 or later may accumulate up to 1,040 accrued hours. C. Sick Leave Balance Transfers and Restoration 1. Sick leave balances are restored to an employee recalled from layoff or returned from a leave of absence. 2. Sick leave balances remain the same upon transfer to another Department or classification with the same hourly work week. 3. Sick leave balances are converted to equivalent days if an employee changes classification to that with a different hourly work week (i.e., -37-1/2 hour work week to 40 hour work week and vise versa). 4. No sick leave balances are restored after a break in service. An employee will have a break in service if the employee is rehired by the City six (6) months after the date of resignation or retirement or one (1) year after a layoff. Authorized leaves of absence, suspensions, reinstatements after disability retirement or dismissal, and layoffs of less than one (1) year will be counted as continuous service and shall not be a break in service. D. Calculation for Use of Sick Leave 1. Sick leave may be authorized in increments of quarter of an hour. E. Authorized Use of Sick Leave Sick Leave usage shall be authorized for the following absences: 1. Due to personal illness or physical incapacity. 2. Due to exposure to contagious disease in which the health of others would be endangered by the employee’s attendance on duty. 3. Due to dental appointments, physical examinations, or other personal sickness prevention measures. 26 4. Due to illness of a member of the employee’s immediate family that requires the employee’s personal care and attention. “Immediate family” shall mean parents, step- parents, children, step-children, foster-child(ren), minor-guardianship(s), grandparents, grandchildren, brothers, sisters, present spouse and the “immediate family” of the employee’s spouse, domestic partner of record as defined in accordance with criteria, policies, and procedures determined by the City and the “immediate family” of the employee’s present domestic partner of record, or other family member living in the employee’s immediate household. Employees may be required to produce legal justification for Foster Child(ren)/Minor Guardianship(s). Employees found to be utilizing Sick Leave for any reason other than those stated above shall be subject to disciplinary action up to and including termination. Employees shall be authorized to use Sick Leave as it is accrued. Employees’ requests for sick leave to be used for doctor’s appointments shall be submitted with at least 24- hour notice, except the requirement shall be waived where the employees is able to demonstrate to his/her department director an emergency exists. The employees’ respective department reserves the right to not approve such requests when advance notice is not provided or the employees’ absence will adversely affect operations. Employees shall be required to notify their immediate supervisor or management representative to request approval for sick leave each day that they are absent, except that an employee who has been approved for a continuous FMLA absence only shall be required to comply with the reporting procedures outlined in the City’s FMLA Policy instead. Such notification requests shall be provided through personal contact, except where the employee is able to demonstrate this is not possible. Failure to obtain approval for sick leave from competent City authority shall result in any such time being considered an unauthorized absence and in the denial of paid sick leave. Employees may voluntarily submit acceptable evidence such as a certificate from a medical doctor to substantiate the reason for requesting Sick Leave, or they may be required to do so when requested by their respective department director/designee if the employee is absent from work for three consecutive work days or if the respective department director/designee has reason to question the legitimacy of the absence. Certificates from medical doctors for absences more than one week should be forwarded to the Human Resources Department for recordkeeping and FMLA coordination. Employees may also be required to submit a certificate from a medical doctor on a continuous basis only in conjunction with a development plan established between the employee and the employee’s respective supervisor. A valid doctor’s certificate shall be a written, typed, or printed statement from the doctor specifying the date(s) of visit/consultation with the doctor, the date the employee is authorized to return to work, any conditions or limitations imposed by the doctor, and the signature of the doctor or his/her designee. The City reserves the right to substantiate the legitimacy of any certificate submitted by an employee as evidentiary reason for the use of Sick Leave. When an employee has a documented serious health condition, the City shall provide the employee with Family and Medical Leave Act request forms to be completed by the 27 employee’s physician, which may be used to authorize use of Sick Leave in accordance with the terms of the Act. If approved, the completed FMLA forms shall be utilized to relieve the employee from the requirement to provide a doctor’s certificate for one initial continuous absence only. Employees who utilize sick leave may be required to undergo fitness for duty or maximum physical capacity examination in order to determine the employee’s ability to return to work in the same job classification or whether the employee may require a reassignment upon return to work. All such leaves shall be administered in accordance with the Family Medical Leave Act where applicable. F. Payment for Unused Sick Leave 1. Upon separation from the City service, an employee shall be paid for one-half of his/her accumulated unused sick leave up to a maximum payout of 520 hours for employees with a 1,040 hour cap or 780 hours for employees with a 1,560 hour cap, or may use such amount of sick leave to advance the date of retirement. The rate of payment shall be based on the current base hourly rate (excluding shift differential or any other addition to base pay) of the employee on the last day worked prior to separation. The payment will be made provided: a) The employee is retiring on City Pension. OR b) The separation is involuntary on the part of the employee including disability (incurred on or off the job) and layoffs. OR c) The employee’s estate shall receive payment if an employee dies. OR d) The employee is at least sixty-five (65) years of age and has a minimum of ten (10) years of service. 2. An employee who has been dismissed for cause shall have no claim for sick leave payment. G. Injury from Other Employment 1. An employee may not utilize accumulated sick leave for absences resulting from an injury arising out of and in the course of employment, other than City employment, for which monetary or other valuable consideration is received or expected. Any employee who utilizes accumulated sick leave, or who attempts to utilize accumulated sick leave, for absences resulting from an injury arising out of and in the course of employment, other than City employment, may face disciplinary action up to and including termination. H. Use of Leave After Accrual 1. Employees may be authorized to use sick leave after it is accrued. The employee may be required to submit acceptable evidence such as a medical certificate from a medical doctor to substantiate the reason for requesting sick leave. 28 I. Bonus Leave Days 1. Following a payroll calendar year that a bargaining unit employee; who is full-time and has been employee one (1) full year; uses no sick leave, or less than two (2) days of sick leave, and has no unexcused absences and no more than two (2) incidents of unexcused tardiness, the employee will be awarded bonus leave days in accordance with the following chart. Time charged to sick leave in conjunction with funeral leave shall not be counted toward the eligibility for bonus leave days. Bonus leave days must be used in the next payroll calendar year. Part-time employees are not eligible. Amount of Sick Leave Used Bonus Days Awarded Less than one standard work day 2 One standard work day up to two standard work days 1 a) A payroll calendar year begins with the first day of the first pay period for the first paycheck date in the calendar year and ends with the last day of the last pay period for the last paycheck date in the calendar year. The City agrees, when practicable, to provide notice of the date of the beginning of the payroll calendar year and the date of the end of the payroll calendar year on employees’ paycheck advice statements prior to the respective payroll period in which such dates occur. b) Bonus days are not included in overtime calculations. c) Upon an employee’s separation from the City, the employee will receive a lump sum payment at the employee’s current base rate of pay for his/her remaining sick leave bonus day balance, or if retiring may use such balance to advance the date of retirement. J. Sick Leave Pool 1. A leave pool will be established by members of the bargaining unit subject to the following provisions: a) The purpose of the leave pool is to provide leave to bargaining unit members who face significant time off without pay due to a serious illness or injury, whether job-connected or non-job-connected, or serious illness or injury to a family member as defined Article 8.3. Section D.4. The leave pool may not be used for short time periods where an employee may be without pay. Short time shall be defined as less than 15 work days. b) A Union Designee or Elected Union Official shall determine use of the leave pool days, subject to the above purpose and limitations. i) A Union Designee or Elected Union Official may establish procedures, forms and other rules necessary for its effective operation, provided they are consistent with the 29 provisions of this section and subject to the approval of the City Manager or his/her designee. Decisions are final and are not subject to the grievance procedure. ii) Bargaining unit members may donate days one time per year in the month of January from their vacation leave, floating holiday, or sick leave at least one (1) day. A day must be donated each calendar year to be eligible from program. c) No employee shall be permitted to donate more than four days of leave per year to the pool, unless authorized by the City Manager. d) In the event that the leave pool balance becomes lower than 100 days, the Union Designee or Elected Union Official may, with the prior approval of the City Manager or designee, open up the opportunity for additional donations to be made during the calendar year. e) All donations of pool leave time must be in full-day increments based on the full-time, regularly scheduled day for the employee’s respective job classification (i.e., an 8-hour or 10-hour day is a full day). f) Donations of pool leave time are irrevocable. g) No dollar value shall be placed on leave donations. All donations and all authorized usage shall be computed as day-for-day. h) When pool leave time is authorized by the Union Designee or Elected Union Official for use by an employee, it shall be on a day-for-day basis, irrespective of the number of hours used each day. Each day or portion thereof shall be counted as one day. Bargaining unit members shall be eligible to be granted up to a maximum of 30 work days or portions thereof within a 12 month period counting backwards from the start of approved time of the most recent leave pool request. i.) An employee using leave pool time shall receive regular base pay and his/her regular shift pay. However, other pays shall not be provided with leave pool days (e.g., lead pay, acting pay, special assignment pay, etc.). Pay for authorized pool days shall not be granted for the first 15 work days of the absence necessitating leave from the pool. After 15 work days of such absence, the employee shall be eligible to be paid retroactively for the first 15 work days, and shall thereafter be eligible to receive his/her regular pay for any remaining pool days authorized. j.) Pool leave time granted and not used in a given year by the employee receiving the donated pool leave time shall remain with the leave pool and be carried over to the next year. No donated pool leave time will be refunded to the donor. Section 4. Funeral Leave A. Employees shall be allowed up to four consecutive scheduled work days at any one time for funeral leave to make arrangements for and/or attend a funeral or memorial service with no loss 30 of pay and no charge against sick leave time in the event of death in the “immediate” family. Employees requesting funeral leave more than one (1) year after the death of the “immediate” family member must obtain approval through the City Manager or designee. “Immediate” family shall be defined as the employee’s spouse, domestic partner of record as defined in accordance with criteria, policies, and procedures determined by the City, or the employee’s or employee’s spouse’s or domestic partner’s child, parent, foster-child(ren), minor guardianship(s), grandparent, grandchild, great-grandchild, brother, sister, stepparent, and stepchild. Employees may be required to produce legal justification for Foster Child(ren)/Minor Guardianship(s). B. Employees shall be allowed up to four (4) consecutive scheduled work days at any one time, chargeable to sick leave, to make arrangements for and/or attend the funeral or memorial service in the event of death in the “extended” family. The term "extended family" as used in this paragraph shall mean stepbrothers, stepsisters, brother's wife, sister's husband, daughter- in-law, son-in-law, aunts, uncles, nephews, and nieces of the employee or of the employee's spouse, or other members of the immediate household. It shall also include any blood relative of the employee living in the employee's household. C. Regular part-time employees shall be eligible to receive funeral leave in accordance with the above. However, such days shall be paid at a prorated amount based on 20% of the weekly average of the employee’s annual budgeted hours. D. In the event that extenuating circumstances should necessitate an absence longer than four (4) consecutive scheduled work days to accomplish the purpose for which this section is designed, the employee's department head, with the prior approval of the City Manager or designee, may authorize an extension of such duration as may be necessary and proper. The request for an extension shall be submitted in form and substance suitable to the department head and the City Manager or designee. Compensation for approved additional days shall be chargeable to sick leave. To be eligible for funeral leave under either section, the employee must attend the funeral or memorial service. The City reserves the right to require documentation substantiating the request for funeral leave when such requests exceed two (2) in a twelve (12) month period, or when the City has a reasonable basis to contest the legitimacy of such requests. Authorized documentation for such purposes shall include but not be limited to a certificate of death, obituary notice, memorial card, note from the attending clergy, or documents verifying travel. Employees who request more than two (2) funeral leaves in a twelve (12) month period shall be notified upon approval of any additional funeral leave of the necessity to provide documentation to their respective department on their return to work for the duration of the twelve month period. E. Time Off to Attend Funerals on Personal Basis 1. Employees who wish to attend a funeral of a City employee or official or the family member of such employee or official may request to utilize accrued vacation time, floating holiday time, sick leave incentive day time, or may request to adjust their work hours 31 within the same workweek. Such requests may be made to the respective Division Head or Department Director and may be approved by such authority. To the extent possible, approval shall be granted; provided, however, it is understood that operational necessities may preclude approval for a substantial number of employees. 2. An employee attending a funeral while using vacation time, floating holiday time, sick leave incentive day time, or time off without pay is doing so on a personal basis and is not recognized as a “City representative.” If the employee leaves from work to attend the funeral and/or returns to work after attending the funeral, all travel time shall be included in the vacation time, floating holiday time, sick leave incentive day time, or time to be adjusted. 3. Employees utilizing funeral leave when such leave is based on the death of a covered family member as provided by this Agreement shall be allowed time off with pay consistent with provisions of Article 8, Section 4. However, such employees are deemed off duty while on funeral leave. Section 5. Line-of-Duty Injury A. The term line-of-duty injury is an injury which occurs on the job only when said injury is reported on the day of occurrence and when said injury incapacitates the employee from performing his/her job because of the injury. The City shall have the right to require the employee to have a physical examination by a physician of its choice prior to payment of any compensation. B. An employee may utilize accrued sick leave, however, the amount paid shall be only that amount permitted to supplement funds received by the employee from the Florida Workers' Compensation Law and any other disability or other income plan provided by the City, to the point where the sum of all payments is equal to the employee's regular base pay at the time of injury. At such time as the employee receives his/her initial workers' compensation payment, the City shall allow the use of accrued sick leave up to the amount necessary, when combined with the workers compensation payment, to equal the employee's base pay. Any adjustment to pay under this policy will be made following the employee's return to work or at the expiration of the period for which Workers’ Compensation payments are provided under state law. C. Should an employee become unable to perform the essential functions of his/her job due to an on-the-job injury, the employee shall have the option of accepting a demotion or lateral transfer; provided that an opening exists in the position to which he/she is demoted or transferred and provided further that he/she is capable of performing the essential functions of that position. The City shall have the right to require the employee to take a noncompetitive examination to determine if the employee is capable of performing the essential functions of the position he/she seeks to fill. D. An employee with less than 12 months employment who is injured on the job and is eligible for Workers’ Compensation will not be charged sick leave for any medical appointments which occur during scheduled work hours and have been approved by Risk Management. 32 E. The City may establish such reasonable reporting requirements as it deems necessary to insure the application of the Workers’ Compensation Law. Section 6. Military Leave A. Any employee who is a member of a Reserve Component or the National Guard and who is required to participate in active or inactive training duty shall receive leave with pay for such duty which falls on the employee's regularly scheduled work days up to a maximum of 240 hours per calendar year without loss of seniority rights or efficiency rating. Absences from duty for military reserve training time in excess of 240 hours per calendar year shall not be compensated by the City. A copy of the employee's military orders certifying his/her training assignment shall be submitted to the Department Director and the Human Resources Department immediately upon receipt. B. An employee who is required to attend military duty training which falls or occurs during regular working hours and which exceeds the 240 hours provided in Paragraph A above will be granted time off without pay. The employee shall be required to provide timely notice of such training assignments to the City. When practicable as determined by the City, and upon the request of the employee, the City will adjust the employee’s schedule in order to accommodate participation in military duty training so that such training occurs on the employee’s days off. C. When emergency conditions occur as determined by the City, bargaining unit employees who are called up to active military duty shall be provided the same rights and benefits afforded to other City employees pursuant to established City policies or guidelines in effect at the time such conditions exist. D. Eligibile employees will be paid in accordance with Sections 115.09 and 115.14, Florida Statutes. Section 7. Jury Duty and Court Time A. The City shall grant leave with pay for jury duty or when an employee is subpoenaed as a witness on the following conditions: 1. Leave with pay will be granted for those hours spent on jury duty that fall within the employee’s regularly scheduled work hours only. Leave with pay shall be granted for time spent in court when subpoenaed as a witness except in a case in which the litigation has been initiated by the employee or in any case involving divorce, child support, or custody. Employees will be paid at their base rate of pay for any hours spent in court outside of their regularly scheduled hours of work when subpoenaed as a witness as the result of a matter arising out of the course of their employment only. 2. If the time interval between the end of the employee's most recently worked shift and the reporting time of the jury summons is less than eight hours, the employee's work schedule will be adjusted to allow a minimum of eight hours time off prior to reporting for jury duty. 33 Although not mandatory, management will give consideration to employees to have the ability to change hours for special situations pursuant to this paragraph. This section shall apply only to jury duty. 3. Hours spent in court when subpoenaed as a witness as a result of a matter not arising out of the course of employment which are compensated under the provisions of this Article shall not count as hours worked for overtime pay purposes. Hours spent on jury duty or in court when subpoenaed as a witness as the result of a matter arising out of the course of employment which are compensated under the provisions of this Article shall count as hours worked for overtime pay purposes. 4. If an employee is excused or released by the Court before the end of his/her scheduled work day, he/she must promptly return to work. 5. An employee must bring written evidence of jury duty service or court appearance before compensation is approved. 6. As soon as an employee learns of selection for jury duty or court appearance, he/she must notify the appropriate supervisor so that arrangements may be made for his/her absence from work. 7. In the event a holiday shall occur during the period of the employee's jury duty or court appearance, the employee shall receive pay for such holiday in accordance with this agreement. Section 8. Administrative Leave The City Manager may at his/her discretion grant employees administrative leave with pay for their normal work shift or balance thereof when circumstances dictate that they be relieved from duty because their services are determined to be non-essential. The City Manager may at his/her discretion compensate employees, whose services are determined to be essential and are required to work under such circumstances, at a premium rate of pay in addition to any other compensation due for all hours actually worked when other employees City-wide or in the same work unit have been released on administrative leave. If the employee is required to work a shift which is less than the employee’s regular shift, the employee shall be paid in accordance with the above for all hours actually worked, and shall be granted administrative leave with pay for the remaining hours making up the employee’s regular shift. All hours actually worked shall be counted as such for the purpose of computing overtime. Scheduled administrative leave with pay shall not be considered as hours worked for the purpose of computing overtime. Unscheduled administrative leave with pay shall be considered as hours worked for the purpose of computing overtime. At least forty eight (48) hours notice shall be considered scheduled. Employees who are on previously approved leave are not eligible for administrative leave with pay. Employees on administrative leave with pay are required to be available during normal business hours. 34 Nothing in this Section 8 shall effect the City’s Management Rights under Article 3, Section 4. Section 9. Leaves of Absence Without Pay A. Employees may take a medical leave of absence without pay for up to six (6) months, if approved by the City Manager or designee, following the expiration of Family Medical Leave. B. Upon expiration of an employee's Family Medical Leave , if the employee is unable to return to work, upon written request and when supported by medical documentation, a leave of absence without pay for up to thirty (30) days may be granted for the employee's continuing personal illness, at which time the case will be reviewed by the City Manager or designee for consideration of an extension of time, if necessary, and if requested by the employee. Prior to the expiration of the employee’s thirty (30) day leave of absence, the employee will be required to re-submit supporting medical documentation, as well as written request for any additional leave, if necessary. Leave is subject to the approval of the Department and the Human Resources Director. C.Upon written request with supporting documentation, employees may take a non-medical leave of absence without pay for up to thirty (30) days with the approval of the Department and the Human Resources Director. If additional time is needed, the employee will be required to re-submit the written request with supporting documentation every thirty (30) days for approval. In no event shall a non-medical leave of absence be longer than ninety (90) days. D. Failure to return to work at the expiration of an approved leave shall be considered as absence without leave and grounds for dismissal, but upon timely return from leave, the employee shall be granted and restored to their original or an equivalent position with equivalent pay, benefits, and other employment terms after returning from a leave of absence. E. There will be no accrual of benefits or seniority during such leave. During a leave of absence without pay or any other non-paid leave or no-pay status of an employee exceeding two (2) weeks, the employee, if he/she desires to continue medical coverage for themselves and dependents, must pay the required premiums to the City. Failure to pay for such continuation shall result in the loss of coverage. F. Leave of Absence employees will be required to use all remaining accruals prior to entering a non-paid leave status. Section 10. Other Time Off An employee shall or may be granted necessary time off from his/her duties with compensation for any of the following reasons: A. Attendance at professional or other conventions, institutes, courses or meetings when such attendance, in the opinion of the City Manager or designee, may be expected to contribute to the betterment of the City service. 35 B. Attendance at in-service training and other in-service meetings or programs sponsored by the City when, in the opinion of the City Manager or designee, such meetings or programs are designed to improve the City services and/or the employee's performance or to prepare him/her for advancement. The provisions of this paragraph shall be deemed to include authorized safety meetings and City-sponsored volunteer programs. C. An employee may be permitted to adjust his/her schedule within a specific workweek, or may be permitted to utilize paid leave, or may be granted time off without compensation upon the expiration of all paid leave for attendance at meetings other than those specified in the subsections above, or to attend urgent personal business, provided that such employee shall request approval from his/her department head in sufficient time to permit the latter to make arrangements therefore, and further provided that such time off will not seriously affect the efficient operation of the Department. D. Employees shall be released from duty without loss of pay while competing in City promotional examinations that are scheduled during duty hours. Section 11. Union Time A. Union members shall be allowed time off with pay to attend an officially called conference, convention, or school not to exceed a total of 400 hours per fiscal year (inclusive for all Union members), with the approval of the affected Department Director, provided that no less than one week’s notice is provided. In addition, the five active employee Union members for whom the City funds the registration costs to attend the Florida Labor Management Conference or a similar labor-management conference in accordance with Article 5 of this Agreement shall be granted time off with pay and no charge to the Union hours above. B. Additional time off without pay for Union activity will be granted with the approval of the Department Director and such excused time will not exceed one week at a time. C. Bargaining unit members utilizing Union time off under provisions of this section shall not be eligible during the time of utilization for Worker's Compensation benefits in case of injury. D. Union time off does not count as hours worked for the purposes of calculating overtime. E. Union time off with pay shall be granted by the City for the purposes of grievance representation, labor management meetings, contract negotiations, and participation as a member or attendee of any City committee whereby the Union member appears at the behest of and in the interest of the City. The City reserves the right to not approve such leave requests if in its discretion it determines the absence of the Union representative will create an adverse impact to operations. The Union shall have the right to select the number of representatives authorized by the City to participate on the Union’s behalf on City-initiated committees, and shall notify the City in writing of the names of those members selected by the Union. The Union may select a substitute to replace an absent member on a City committee with the prior permission of the substitute Union member’s respective Department Director or designee. 36 The Union local president may participate as the Union representative on any committees. The Union shall coordinate its choice of representatives so that no single work group or division will be adversely affected. Union time off with pay shall be provided for up to five Union Executive Board members (excluding a note taker) for contract negotiations and labor management committee meetings. F. The executive board of the Union shall be allowed a monthly meeting to transact any and all business pertaining to the Union, said meeting to be allowed during work hours not to exceed two hours at straight time. Section 12. Child Care Leave In accordance with the Family and Medical Leave Act, eligible employees may take up to twelve (12) weeks of unpaid, job-protected leave to care for a newborn child, newly- adopted child, or child with a serious health condition. Eligible spouses who work for the City are subject to the combined limitation of twelve (12) weeks as set forth in the Family and Medical Leave Act. Section 13. Light Duty & Return to Work A. Employees who are physically unable to perform their designated jobs, with or without reasonable accommodation in accordance with applicable law, may be assigned to light or modified duty at the discretion of the City and in accordance with the skills, abilities, and qualifications of the employee, any medical or physical restrictions placed upon the employee, and the availability of work. Such duty assignments shall be afforded in increments of up to thirty (30) calendar days and shall be limited to a maximum of one hundred eighty (180) calendar days total. The employee’s ability to return to his/her designated position and the continued availability of the light or modified duty work shall be evaluated at each thirty (30)- day interval. Requests for light or modified duty work shall be submitted on the appropriate forms to the Human Resources Department. Employees designated for light or modified duty assignment shall be required to notify Human Resources of any changes in their condition that may impact their ability to perform the light or modified duty assignment or that may allow the employee to return to full-duty in his/her designated position. B. An employee may be absent from his/her designated position for a maximum of twelve (12) weeks in a twelve (12) month period, inclusive of time authorized for leave in accordance with an approved Family and Medical Leave Act request. This timeframe shall include any paid or unpaid absence (to include leave time granted from the sick leave pool), absence due to job- connected or non-job-connected injury or illness, or time served working in an light or modified-duty position. An employee who is unable to perform the essential functions of his/her designated position, with or without reasonable accommodation in accordance with applicable law, for more than twelve (12) weeks in a twelve (12) month period exclusive of time authorized for leave in accordance with an approved Family and Medical Leave Act request shall be required to accept alternate employment with the Cit in another job classification for which he/she is deemed by the City to be qualified and able to perform the essential functions, with or without reasonable accommodation in accordance with applicable law, or shall be subject to layoff. 37 ARTICLE 9 WAGES & COMPENSATION Section 1. Salary See Appendix A – Alphabetical Listing of Job Classifications See Appendix B – CWA Pay Range Tables A. Pay Range minimums and maximums for all classifications represented by the bargaining unit shall be adjusted by 2 % effective at the first day of the payroll period that includes October 1, 2020, October 1, 2021, and October 1, 2022. Any employee who is below the minimum rate of pay in Appendix B will be increased to the minimum prior to the application of longevity and merit increases. In no event shall the adjustment to the minimum rate of pay and merit pay increase be more than 3% for contract year October 1, 2020 thru September 30, 2021; 3% for contract year October 1, 2021 thru September 30, 2022; and 3% for contract year October 1, 2022 thru September 30, 2023. Effective at the first day of the payroll period that includes October 1, 2020, October 1, 2021, and October 1, 2022, and prior to any merit pay increase, applicable bargaining unit members shall receive a longevity award based on the number of consecutive years the bargaining unit member has been employed with the City since their most recent date of hire. The amount of this award shall be based on the table below. Years of Employment Annual Longevity Award Amount Years of Employment Annual Longevity Award Amount 1 $50.00 13, 14, 15 & 16 $300.00 2 & 3 $100.00 17, 18, 19 & 20 $350.00 4 &5 $150.00 21, 22, 23, 24 & 25 $400.00 6, 7 & 8 $200.00 26, 27, 28, 29 & 30 $450.00 9, 10, 11 & 12 $250.00 31 & greater $500.00 This Longevity Award shall be added to and considered a part of the employee’s annual base salary. No part of this Longevity Award shall be applied that would result in an employee’s annual rate of pay exceeding the maximum annual rate of pay as provided in Appendix B. Effective on the first day of the payroll period that includes October 1, 2020 to the last day of the payroll period that ends prior to October 1, 2021, employees whose current base rate of pay is below their respective pay range maximum and who receive a rating of Meets Standards or better on their annual performance review shall be provided with a merit pay increase equivalent to a 3% of the employee’s respective annual base rate of pay to be applied to the employees’ biweekly base rate of pay, effective as of the start of the payroll period that includes the date of the employees’ annual performance review. Any portion of the increase which, when annualized, exceeds the respective pay range maximum shall be paid as a one- 38 time lump sum bonus payment, and such employees’ biweekly base rate of pay shall be adjusted to the pay range maximum. Effective on the first day of the payroll period that includes October 1, 2021 to the last day of the payroll period that ends prior to October 1, 2022, employees whose current base rate of pay is below their respective pay range maximum and who receive a rating of Meets Standards or better on their annual performance review shall be provided with a merit pay increase equivalent to 3% of the employee’s respective annual base rate of pay to be applied to the employees’ biweekly base rate of pay, effective as of the start of the payroll period that includes the date of the employees’ annual performance review. Employees who are above the maximum annual rate of pay as provided in Appendix B shall not receive any increases in pay. Effective on the first day of the payroll period that includes October 1, 2022 to the last day of the payroll period that ends prior to October 1, 2023, employees whose current base rate of pay is below their respective pay range maximum and who receive a rating of Meets Standards or better on their annual performance review shall be provided with a merit pay increase equivalent to 3% of the employee’s respective annual base rate of pay to be applied to the employees’ biweekly base rate of pay, effective as of the start of the payroll period that includes the date of the employees’ annual performance review. Employees who are above the maximum annual rate of pay as provided in Appendix B shall not receive any increases in pay. B. Newly hired employees shall receive their first annual performance evaluation one year from their initial date of hire, and if rated Meets Standards or better, shall receive any applicable pay increases as of the start of the payroll period that includes the date of the initial one-year performance evaluation. Such employees shall be eligible for their next annual merit pay increase, if applicable, at the start of the payroll period that includes the following October 1 subsequent to the initial one-year performance evaluation. Approved merit pay increases for full-time and part-time employees shall become effective as of the employee’s eligibility as described above. Employees shall maintain their established performance evaluation date upon changes in classification, to include promotion to a higher level classification, demotion to a lower level classification, or transfer to another classification at the same level. Employees shall receive any applicable increase or decrease in rate of pay at the start of the payroll period that includes the date of the employees’ change in classification, and shall be eligible to receive the full merit increase as provided for above at the start of the payroll period that includes the date of the employees’ annual performance evaluation. C. In accordance with provisions of the City of Clearwater Pay Plan, bargaining unit members who are determined by their respective department to not meet standards or who receive a rating of Improvement Expected on their annual performance evaluation, and who subsequently receive a rating of Meets Standards on their initial or secondary 3-month follow- up performance evaluation, shall be eligible to receive any applicable pay increases effective on the date of the respective 3-month follow-up performance evaluation the employee is 39 determined to meet standards. Such employees shall be eligible for their next annual merit pay increase, if applicable, on the following October 1 subsequent to the successful 3-month follow up performance evaluation, and upon receiving a rating of Meets Standards or better at that time shall receive a pro-ration of the above applicable pay increases based on the number of days between October 1 and the date of the successful 3-month follow-up performance evaluation, and shall continue to be eligible for any applicable merit pay increase on the October 1 date thereafter. Employees who receive a rating of Improvement Expected on their annual performance evaluation and both the initial and secondary 3-month follow-up performance evaluations shall not receive a merit increase, and shall be revaluated again after one year from the date of the initial evaluation that was rated Improvement Expected. D. Within budgetary allocations, the City Manager or designee, upon notifying the Union or Union designee, may authorize base pay increases. Such pay adjustments may be approved to respond to external labor market conditions, to address recruitment and/or retention issues, or to resolve internal organizational pay equity concerns. E. Employees in job classifications based on a 37.5 work week shall remain in the 37.5 work week classification and be subject to the same rate of pay, schedule, benefits, and other emoluments as provided to 37.5-hour employees in this Agreement. However, a 37.5-hour employee who changes positions for any reason, including but not limited to transfers, promotions, demotions, etc., will lose this grandfather status and will have a new rate of pay, schedule, benefits, and other emoluments as provided to a 40-hour employee in this Agreement. Section 2. Overtime A. All employees outlined in the Pay Plan as eligible for overtime shall receive 1-1/2 times their regular rate of pay for all hours worked in excess of 40 hours per week. Employees shall only work overtime hours as directed or permitted by managerial personnel. Sick leave, vacation, and other time not worked except designated City holidays and floating holidays shall not count as hours worked for overtime purposes. B. Overtime will not be assigned unfairly. Whenever practicable, the City will offer overtime assignments to perform work applicable to the CWA bargaining unit to available and qualified members of the bargaining unit prior to offering such assignments to non-bargaining unit personnel. 1. All overtime must be approved by the respective Department Director or Manager prior to any employees working outside their established work schedule. 2. The respective Department will determine if employees possess the qualifications, skills, and ability necessary to perform the required work prior to assigning the overtime. 3. Overtime will be assigned on a voluntary basis unless the respective Department Director or designee determines there is an emergency situation or there is not a sufficient number of employees available on a voluntary basis to perform the work. For an emergency 40 situation or when an insufficient number of employees is available on a voluntary basis, overtime will be mandatory. 4. When additional work hours are required to complete necessary work and cannot be scheduled at least 48 hours in advance, the personnel working the assignment during normal work hours will be offered the additional work hours on a voluntary basis first, and then other employees possessing the qualifications, skills, and abilities necessary to perform the work will be offered the additional work hours on a voluntary basis. In order to minimize overtime costs, employees may be afforded the option of “flexing” the additional work hours within the same work week on a voluntary basis. If an insufficient number of employees working the assignment is available on a voluntary basis, employees working the assignment may be required to remain on duty until the work is completed. If additional personnel are needed, an overtime list developed by the respective Department with input from the applicable employees will be used to determine the order of selection for holdover, call-back or call-in. 5. When necessary work can be scheduled with reasonable notice at least 48 hours in advance, the respective Department Director or management designee will determine whether to modify employees’ work shifts, authorize overtime, or allow employees to request to flex their work schedules. C. Any full-time employee who is required to work two consecutive full shifts in a twenty-four hour period will be provided $10.00 for meal money. Section 3. Standby and Recall (Mutually Exclusive) A. Standby shall be paid at the following rates during the term of this contract. Monday – Friday Saturday & Sunday Extended Time During Holidays $35 Per Night $40 Per Day $45 Per Day Daily standby (Monday-Friday) shall begin at the end of each regular workday and shall end at the beginning of the next workday (16-hour period). Weekend standby shall begin at what would be the normal starting time on Saturday and shall conclude at the beginning of the regular workday on Monday (48-hour period). Extended time during designated holidays shall apply when an employee assigned to standby continues in standby assignment for an 8-hour extended period for a designated holiday. In addition to the above amounts, an employee who is called out to work while on Standby duty shall be credited with one (1) hour work time or the actual hours worked during the entire Standby period, whichever is greater. An employee assigned to Standby who receives a work-related phone call during the Standby period and who conducts City business without being called out to work shall be credited with one-tenth of an hour or the actual amount of time of the phone call, whichever is greater, for each such phone call received. B. Recall (Call-out, Callback, and Call-in): If an employee is called back to work after the employee's normal work day and returns to work, or if an employee is called back to perform 41 needed work after the employee’s regular shift ends and the employee has already left the job, or if an employee is called in to perform needed work on a weekend, holiday, or other equivalent period during which the employee would not otherwise have worked, the employee shall be credited with two hours work time or the actual hours worked, whichever is greater. Time shall be computed from when the employee reports on-duty, and ceases when he/she reports off-duty. C. Time beyond an employee’s regular work schedule when assigned and scheduled in advance, either as a continuation of a present shift assignment or the requirement to work on an employee’s regular non-workday(s) shall not be subject to any minimum guarantee pay or at least eight (8) hours. However, all time worked shall be credited toward hours worked for regular and overtime pay purposes. D. Employees shall not be assigned to standby duty if excused in advance by managerial personnel for approved vacation, float holiday, sick, or other absence during normal work shift, and in all cases the Department will seek volunteers prior to assigning standby duty. The City shall have the right to specify requirements needed for standby, including skills, dependability and ability to report timely, and employees not meeting said requirements may not volunteer for such standby. E. Any employee assigned to standby and who, during the period of such standby assignment, is not readily available as required or who is or becomes unable to perform his/her work duties shall be subject to discipline, except that an employee who becomes sick or injured and immediately notifies his/her supervisor shall not be subject to discipline. The City may require evidence in the form of an excuse from a medical doctor of such injury or illness. Section 4. Shift Differential Regular, full-time employees (other than those utilizing flex-time) shall be entitled to 6% shift differential pay above the employees’ base rate of pay for all hours when the majority of their regularly scheduled hours for the work week fall between 4:00 PM and 12:00 AM, regardless of the starting or ending time of the employee's shift. Regular, full-time employees (other than those utilizing flex-time) shall be entitled to 8% shift differential pay above the employees’ base rate of pay for all hours when the majority of their regularly scheduled hours for the work week fall between 12:00 AM and 8:00 AM, regardless of the starting or ending time of the employee's shift. Section 5. Acting Pay An employee who is assigned to work in an “acting” capacity in a higher level classification for more than ten (10) consecutive work days shall receive acting pay retroactive to the day the acting assignment began, subject to the approval of the Department Director and Human Resources Director. The amount of pay shall be 5% higher than the employee’s current base rate of pay applied to all hours actually worked. 42 Section 6. Training Differential Employees who are required to provide formal training to other employees outside of their normal job duties, and who are designated “Trainers” with an established curriculum as determined by the Department Director, will receive 5% above their normal base pay for any hours they are assigned to act as trainers in a formal training capacity. Section 7. Leadworker Assignment and Pay A Department Director, with the prior approval of the City Manager or his/her designee, may assign leadworker duties to a regular employee for such period of time as will, in his/her opinion, serve the best interest of the City. Such assignment shall be made only when a small group of workers are, in the normal course of their duties, regularly required to work at a time and/or place without the degree of supervision which, in the judgment of the Department Director, is conducive to efficient performance. An employee assigned leadworker duties will be required to perform all the duties of his/her regular position and additionally exercise primary layout and/or supervisory functions in relation to other workers who are ordinarily classified the same as the leadworker, accepting commensurate responsibility for group performance. For the period of such assignment the leadworker shall be paid an additional biweekly amount representing 5% above his/her current base rate of pay. Leadworker assignments may be authorized for intervals up to one year in duration, or may be authorized for shorter intervals at the discretion of the respective Department Director. If an employee has been assigned as a Leadworker for one year, the Leadworker assignment shall then be rotated to another employee deemed by the respective department to be qualified for the assignment. If no other employees are interested or deemed qualified, an employee may be assigned Leadworker for consecutive one-year intervals. Section 8. Assignment Pay Differential A. A Department Director may, at his/her discretion and with the approval of the City Manager/designee and consent of the Union, designate a specific position or positions within a job classification which shall be eligible to receive a 5% Pay Differential when the duties of the position differ from others in the same classification in their difficulty, complexity, responsibility, or hazardous nature to the extent that additional compensation is deemed warranted. Assignments to positions may be on a rotational basis, or may be offered to employees in the respective classification based upon City seniority, however the Department Director shall have the right to remove any employee from such assignment in conjunction with a development plan if performance is deemed unsatisfactory. B. Solid Waste Equipment Operators and Solid Waste Workers who are assigned and complete two full routes on one work day during a work week that pickups are limited by a City designated Holiday shall receive a premium pay equivalent to four hours of pay based on the employee’s base rate of pay. Such premium pay shall not constitute hours worked or to be accumulated toward the calculation of overtime. 43 C. Bargaining unit members designated as certified Bi-Lingual Interpreter, who have successfully passed a proficiency exam and where the position calls for interpretation skill sets, shall be eligible to receive $25.00 per payroll period for part-time employees and $50.00 per payroll period for full-time employees in addition to the employee’s current base rate of pay with the approval by their Department Director. D. Incumbents in the classifications of Industrial Electricians, Utilities Electronic Technician, Utilities Mechanic, Utilities Maintenance Foreman, and Utilities Maintenance Supervisor upon the effective date of this Agreement who are assigned to the maintenance of the Public Utilities infrastructure which includes plants and lift stations shall be eligible to receive a 5% Pay Differential. Section 9. Uniforms and Rain Gear A. The City agrees to provide each full-time employee who is required to wear a uniform with an initial issue of five uniforms. Permanent part-time employees who are required to wear a uniform shall be issued a pro-rated number as determined necessary by the hiring department based on scheduled hours/days of work per week. The City shall determine the manner of procurement and style of uniforms to be worn. The City agrees to provide, at a minimum cotton blend uniforms of at least 35% cotton to employees who are required to wear uniforms. Polyester or polyester blend uniforms that utilize cooling properties may be utilized. The employee agrees to launder the uniforms. The employee will be issued a replacement for each uniform that becomes torn or tattered as the result of normal wear and tear, but not for a uniform that has been damaged due to the employee's abuse or negligence. The employee must return the uniform as a condition for receiving a replacement. B. The City will provide safety shoes for each employee who is required to wear such. The City shall have the authority to designate additional job classifications as eligible for the provision of safety shoes. Employees who request safety shoes and are denied such by their department may have the decision reviewed by the City Manager or his/her designee by submitting a written request within 10 work days of the department’s decision. The decision of the City Manager or designee shall be final and binding and not subject to arbitration. The City shall determine the manner of procurement to be afforded all affected employees, and shall have the right of approval in determining types of shoes which are acceptable. Employees shall provide worn or unserviceable safety shoes to their respective department for inspection in order to obtain authorization for replacement. Employees may be permitted to keep such worn shoes after inspection at the discretion of their respective departments. C. The City will provide employees with adequate rain gear. Rain gear that is worn, torn, and/or tattered through normal wear and tear shall be replaced, provided that the employee turned in the old rain gear. Employees may use umbrellas instead of rain gear as appropriate to the job classification. D. All uniforms and equipment provided by the City shall be issued and accounted for in accordance with I.R.S. regulations governing same. 44 Section 10. Certification Pay A. Incumbents in the classifications of Fleet Mechanic, Mechanic Fabricator, Fleet Mechanic Supervisor, Fleet Parts Specialist, and Warehouse Supervisor who obtain and maintain job- related ASE certifications in accordance with standards established by the City shall receive $0.50 per hour in addition to the employees’ base rate of pay for each such certification obtained and maintained up to a maximum of seven (7) such certifications. City fleet service mechanics who obtain and maintain the required ASE certifications constituting the designation of ASE Master in a City authorized module of study shall receive $5.00 per hour in addition to the employees’ base rate of pay in lieu of the individual certification pays described above. The City agrees to pay the cost of the training and examination process for each certification the first time employees attend such only. The City reserves the right to determine the appropriate certifications that will be entitled to the additional compensation. B. The classifications of Beach Lifeguard and Senior Beach Lifeguard shall be eligible for a 5% certification pay differential in addition to the respective incumbent’s base rate of pay for the possession and maintenance of a valid State of Florida Emergency Medical Technician certification. The classifications of Aquatics Coordinator and Pool Lifeguard who obtain and maintain job related Water Safety Instructor, Lifeguarding, or Emergency Medical Responder certifications shall receive $0.25 per hour in addition to the employees’ base rate of pay for each certification up to a maximum of three (3) certifications. C. The classification of Building Construction Inspector shall be eligible for a 15% licensure pay differential in addition to the respective incumbent’s base rate of pay for the possession and maintenance of two or more valid inspector licenses offered by the State of Florida Building Code Administrators and Inspectors Board. The classification of Building Construction Inspector shall also be eligible for a licensure pay differential of $50 per payroll period in addition to the respective incumbent’s base rate of pay for the possession and maintenance of each valid plans examiner license offered by the State of Florida Building Code Administrators and Inspectors Board when the employee is directed by his/her department to utilize such license at any time during the payroll period. The table below establishes parameters within the current pay range to identify pay level in relation to the license(s) held. Licenses Held Starting Compensation One (1) license $52,000 Two (2) licenses $54,000 Three (3) licenses $57,000 Four (4) licenses $60,000 D. Incumbents in the classifications of Water Distribution Operator and Water Distribution Lead Operator , Water Distribution Foreman, and Water Distribution Supervisor who obtain and maintain job-related Water Distribution Operator Licenses in accordance with standards 45 established by the City shall receive $50.00 per payroll period in addition to the employee’s base rate of pay. The City agrees to pay the cost of the examination process for each level certification. Incumbents in the classifications of Water/Wastewater Plant Operator C, Water/Wastewater Plant Operator B, Water/Wastewater Plant Operator A, and Chief Water/Wastewater Operator shall receive $50.00 per payroll period if classified as a “C’ licensed Operator; $100.00 per payroll period if classified as a “B’ licensed Operator; and $150.00 per payroll period if classified as an “A” licensed Operator or Chief Operator, in addition to the employee’s base rate of pay. Section 11. Replacement/Repair of Tools The City will replace or repair, as appropriate, the tools of employees who are required by the City to furnish their own tools, when it can be verified such tools are broken on the job or when such tools are stolen from the job site and a police report confirming the theft is given to management. Tools will be replaced with tools of same manufacture and model. If the exact tool cannot be provided, a tool of equal value and quality shall be provided. Employees shall be required to report the breakage or loss of such tools to theft immediately in order to be entitled to replacement or repair. Section 12. Training and Career Development Workshops Employees will be compensated in accordance with the Federal Fair Labor Standards Act and applicable City Policy for the time the employee attends training and career development workshops. Section 13. Travel and Mileage Employees shall be compensated in accordance with the Federal Fair Labor Standards Act and applicable City Policy for work related travel time. All employees who drive their own vehicle for City business will be paid upon request reimbursement in accordance with City policy for any mileage traveled at the rate set by the Internal Revenue Service. Section 14. Commercial Driver's License A. Employees in driving positions which require a CDL and who fail to comply with requirements of the State of Florida CDL program cannot continue to function in their driving positions. At such time as the employee can no longer drive vehicles required in his/her job classification because of his/her failure to comply with CDL requirements of the state, the City shall preclude the employee from driving the designated City vehicles. The employee shall have thirty (30) days in which to comply with the state CDL requirements or to obtain a transfer, demotion or promotion to a position not requiring CDL licensure. Such job change must be accomplished within the normal processes for transfer, demotion or promotion. Failure to obtain the appropriate license or, alternately, to obtain a transfer, demotion or promotion to a position not requiring the CDL shall result in the layoff of the employee. 46 B. The City will reimburse regular, non-probationary employees for the cost of any CDL and endorsements required by the City, including any fees associated with obtaining such license or endorsements, provided the employee has submitted evidence of possession of the CDL in good standing along with a receipt identifying the costs incurred. Section 15. Parking The City will make an effort to provide parking for all employees. Section 16. Tuition Reimbursement Each member of the bargaining unit shall be entitled to reimbursement for tuition fees for approved courses in accordance with the City’s Tuition Refund Program up to an amount of $1,500 per year for each fiscal year of this Agreement. ARTICLE 10 INSURANCE Section 1. The City agrees to meet with the CWA representatives as necessary to review the health and life insurance programs for the purpose of reducing the cost of such programs for the City and the employees. The City further agrees to provide the CWA with such information as it has available which would be required to formulate such a benefit package and to cooperate with the CWA to obtain pertinent information from the present carrier. Section 2. The City agrees that for the calendar year occurring within the first year of the agreement, the City shall contribute toward the medical insurance premiums for employees and their dependents in the amount authorized for the plans approved by the City Commission. The City and Union agree to maintain a Benefits Committee recommendation process culminating in final action by the City Commission to determine medical insurance premiums for employees and their dependents for the duration of this Agreement. The City further agrees that during the life of the agreement, the City will make available to employees the option of at least one health insurance plan for which the City shall pay 100% of the premium for the employee only base benefit plan cost, it being understood that such base plan may provide a different level of benefit than that which is currently provided, and that such plan may include requirements or incentives as conditions for enrollment in the plan as determined by the outcome of the Benefits Committee process described above.. Additional coverage for the family or spouse, as well as any enhancements or “buy ups” to the base plan will continue to be paid for by the employee. Section 3. The City shall pay the premiums for group life insurance for all bargaining unit members equivalent to one-and-one-half times the respective employee’s annual base rate of pay, up to a maximum of $50,000 coverage. Section 4. Unemployment Insurance: The City shall participate in and provide employees with unemployment insurance as provided by law. 47 Section 5. Workers' Compensation Insurance: The City shall participate in and provide employees with Workers' Compensation Insurance as provided by law. Section 6. Social Security Insurance: The City shall provide all necessary employer contributions for social security insurance as provided by law for those employees ineligible to participate in the City retirement program. Section 7. Liability Insurance: The City shall provide legal counsel to assist in the defense of any claim against any member of the bargaining unit, where the claim results from the employee's employment with the City and where the employee is acting within the scope of his/her employment, except that the City will not be obligated to defend or pay a claim based on an intentional tort. The City will indemnify, pay or insure any claim other than an intentional tort. ARTICLE 11 PERFORMANCE AND DISCIPLINE Section 1. No employee shall be disciplined except for just cause. Section 2. The City and the Union will continually review the Performance & Behavior Management Program (PBMP) at mutually convenient time periods in a cooperative manner. Section 3. Whenever the City or the Union proposes to amend any policy affecting the discharge and discipline of unit employees, the City or the Union shall provide notice and a copy of the proposed amendments to the other party at least 21 days in advance of a meeting. The Union and the City shall meet to reach consensus on any proposed changes. Section 4. Whenever an employee who is an Union member is noticed of any meeting that could result in discipline, the employee will be granted a minimum of two (2) business days before the meeting to arrange for Union representation. Business days shall be defined as Monday through Friday exclusive of any holiday recognized by the City. Section 5. Development plans designed to address employees’ performance or behavior which does not meet established standards or expectations may be initially implemented for a period from a minimum of 3 months to a maximum of 6 months, and may be extended for up to an additional 6 months if deemed appropriate. Employees shall be provided written acknowledgment of successfully completed development plans. ARTICLE 12 DRUG AND ALCOHOL POLICY The City’s policy is intended to conform to the Drug Free Work Place Act and to be in compliance with any Federal Law requirements regarding the unlawful manufacturing, distribution, dispensation, use or possession of any controlled substance or illegal drug. Section 1. Voluntary use of controlled substances which cause intoxication or impairment on the job and poses risks to the employer, the affected employee and their coworkers, is prohibited. 48 Section 2. All bargaining unit employees will be fully informed of the employer's for cause drug testing policy before testing is administered. Bargaining unit employees will be provided with information concerning the impact of the use of drugs on job performance. Unit supervisors will be trained to recognize the symptoms of drug abuse, impairment and intoxication. The City will permit two employees selected by the Union to attend such training class on City time. Section 3. Annual Physical Employees in job classifications which require an annual or biannual physical may be required to submit to a drug screening as part of the annual physical examination. Section 4. City’s Drug and Alcohol Program Policy The City’s Drug and Alcohol Program Policy delineates drug and alcohol test procedures. Revisions governing testing standards and job classification specifications shall be made as revisions to laws or regulations of state or federal government or agencies deem permissible. Union representatives will be furnished with copies of the policies upon such revision. Whenever the City or the Union proposes to amend or change any policy affecting drug and alcohol testing, the City or the Union shall provide notice and a copy of the proposed amendments or changes to the other party at least 30 calendar days in advance of the proposed effective date of the change. The Union and the City shall have the right to bargain such proposed amendments or changes in accordance with the law and the terms of this agreement. ARTICLE 13 RETIREMENT Section 1. The City agrees to send announcements of regularly scheduled meetings of the Board of Trustees of the Employees' Retirement System to the President of the Union. Section 2. A spokesman for the Union shall have the right to present the Union's views regarding the employees' retirement system either orally or in writing to the Advisory Committee of the Board of Trustees. Section 3. Notification of any change of benefits in the Employees' General Pension Plan shall be given to the employees 60 days prior to any action taken. Section 4. The parties agree to bargain proposed changes in the City's Pension Plan that deal with mandatory subjects of collective bargaining and any impact these changes may have on bargaining unit members. Section 5. Vacation and Bonus to be Credited Toward Retirement A. Vacation Accumulation The amount of vacation accumulation shall not exceed 240 hours for the purpose of early 49 retirement. B. Special Bonus Days After 20 Years Upon the completion of a total of 20 years (consecutive) service with the City, an employee who was employed by the City prior to October 1, 1990, shall be entitled to begin accumulating credit toward the awarding of bonus days for the purpose of early retirement or a cash settlement only at the time of retirement which shall not exceed a total of 15 working days. No bonus days shall be provided to any employee hired by the City on or after October 1, 1990. The schedule for the accumulation of bonus days shall be as follows: Upon completion of 21 years service Accumulate 1 day Upon completion of 22 years service Accumulate 2 additional days Upon completion of 23 years service Accumulate 3 additional days Upon completion of 24 years service Accumulate 4 additional days Upon completion of 25 years service Accumulate 5 additional days Number of days which may be accumulated 15 days total Section 6. During the advancing of the retirement date through the use of sick leave, bonus days, and vacation leave, employees shall not accrue any benefits except retirement credit, including but not limited to vacation leave, sick leave, insurance premiums, holidays, floating holidays, workers’ compensation, salary increases, assignment pay, shift pay, allowances, reimbursements or special payments, or bonuses of any kind. ARTICLE 14 SENIORITY, LAYOFF, AND RECALL Section 1. Seniority A. Seniority is defined as the length of continuous service in City employment. Seniority will continue to accrue during all types of leaves of absence with pay and other leaves where specifically provided. B. After successful completion of the initial probationary period, which is six months, seniority will revert to the date of employment. Seniority shall be used as a factor in consideration for promotion. When skills and qualifications are substantially equal, seniority shall prevail. C. Employees shall lose their seniority only as a result of the following: 1. Voluntary termination. 2. Retirement. 3. Termination for Cause. 4. Failure to return from military leave within the time limit prescribed by law. 50 D. Whenever there is a question as to which bargaining unit employee shall be allowed vacation for requests made outside of the established “vacation pick” process, days off, differential payments or hours of work, seniority shall prevail, provided skills and qualifications are substantially equal. Section 2. Layoffs A. An employee may be laid off by the City Manager in the manner herein provided when there is lack of work or funds, abolition of either full-time or part-time position, or material changes in duties or organization which require a reduction in personnel. No regular employee, however, shall be laid off while there are Emergency, Temporary, Seasonal, probationary, or other non-regular status employees serving in the same class. B. When the need arises for laying off either full-time or part-time regular employees in any department for any of the reasons enumerated in Section 1 hereof, the order of layoff shall be determined by taking into account both service ratings and seniority. It is specifically understood that layoffs will be by classification on a city-wide basis. When other qualifications are substantially equal, City seniority will govern. When City seniority is the same, time in classification will govern. When City seniority and time in classification are the same, the order of layoff shall be determined by a coin toss. When determining the order of layoff for part- time employees, City seniority shall be defined by the number of completed continuous service hours. C. An employee who is designated to be laid off shall have the opportunity to revert to the classification he/she held prior to his/her current classification. If a vacant position exists within such employee’s prior classification, the employee will be assigned to the vacant position. If no vacant position exists within such employee’s prior classification, and this movement requires further reduction in the work force, the same procedure shall be utilized for subsequent positions in accordance with this section, and the process continued through the ranks thereafter. The provisions of this and the following section are based on the premises that the services of the affected employee have been satisfactory and that he/she is physically and mentally capable of efficiently discharging the duties of another position in the same or lower class. D. Names of regular employees who are laid off shall be placed on the re-employment list for the appropriate class for re-employment within one year thereafter when vacancies in the class occur. An employee who is eligible to have his/her name placed on a re-employment list may, on written request and with the approval of the Human Resources Director and the City Manager or designee, have his/her name also placed on re-employment lists for the same or lower classification requiring essentially the same or lesser qualifications within a class series or for other classes in which the employee previously had regular status. Names shall be placed on the re-employment list in the order of City seniority. 51 ARTICLE 15 DURATION, MODIFICATION AND TERMINATION This Agreement shall be effective as of the first day of the payroll period that includes October 1, 2020 and shall continue in full force and effect until the last day of the payroll period that ends prior to October 1, 2023. At least 120 days prior to the termination of this Agreement, either party hereto shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of its intention to modify, amend or terminate, as herein above set forth, will automatically extend the provisions and terms of this Agreement for a period of one year, and each year thereafter absent notification. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _________ day of _______________________________, 2020. ATTEST: CITY OF CLEARWATER ______________________________ ____________________________________ Rosemarie Call, City Clerk William B. Horne II, City Manager Approved as to form and correctness: Countersigned: ______________________________ __________________________________ Pamela K. Akin, City Attorney Frank V. Hibbard, Mayor COMMUNICATIONS WORKERS OF AMERICA _______________________________ Ronald Rice, President, Local 3179 WITNESSES: ______________________________ ______________________________ i APPENDIX A Alphabetical Listing of Job Classifications Job Class Current Job Title Salary Range 3728 Account Collector 7 3815 Accounting Technician 9 3660 Air Conditioning Technician 13 3365 Aquatics Coordinator 9 3340 Arborist 11 3362 Beach Lifeguard 7 3845 Billing Specialist 9 3035 Board Reporter 9 3645 Building & Maintenance Supervisor 16 3425 Building Construction Inspector 16 3427 Building Inspector Technician 13 3250 CAD & GIS Technician 13 3030 City Clerk Specialist 9 3445 Code Enforcement Inspector 14 3429 Combination Building Inspector 20 3882 Construction Inspector 13 3615 Container Maintenance Worker 8 3245 Contracts & Procurement Specialist 10 3915 Custodial Worker 3 3840 Customer Service Representative 7 3850 Customer Service Specialist 10 3724 Customer Service Trainer 13 3410 Development Review Technician 10 3415 Development Review Trainee 7 3630 Electrical Supervisor 16 3885 Engineering Technician 13 3255 Environmental Code Enforcement Inspector 14 3700 Fire Apparatus Mechanic 15 3685 Fleet Buying Coordinator 17 3705 Fleet Mechanic 13 3680 Fleet Mechanic Supervisor 18 3690 Fleet Operations Trainer 14 3675 Fleet Parts Specialist 8 3740 Gas Operations Supervisor 20 3745 Gas System Specialist 18 3755 Gas Technician 10 3756 Gas Technician Apprentice 8 3059 Graphic Designer 14 ` ii APPENDIX A Alphabetical Listing of Job Classifications Job Class Current Job Title Salary Range 3430 Housing Inspector 14 3465 Industrial Electrician 16 3550 Industrial Pretreatment Inspector 14 3435 Inspections Specialist 16 3750 Lead Gas Technician 16 3305 Lead Parks Service Technician 11 3165 Lead Stormwater Technician 13 3319 Lead Streets & Sidewalks Technician 13 3495 Lead Wastewater Collections Technician 15 2300 Legal Staff Assistant 14 3280 Library Assistant 5 4655 Library Page 2 3650 Licensed Electrician 15 3470 Machinist / Fabricator 14 3910 Maintenance Worker 5 3780 Marine Facilities Supervisor 15 3900 Marine Facility Operator 8 3695 Mechanic Fabricator 14 3722 Meter Reader 6 3187 Parking Attendant 2 3190 Parking Citation Assistant 6 3200 Parking Enforcement Specialist 8 3195 Parking Enforcement Supervisor 15 3205 Parking Marina Supervisor 15 3180 Parking Meter Technician 11 3175 Parking Operations Supervisor 15 3925 Parking, Facilities & Security Aide 5 3330 Parks Heavy Equipment Operator 11 3302 Parks Service Foreman 14 3300 Parks Service Supervisor 16 3309 Parks Service Technician 4 3825 Personnel/Payroll Technician 10 3655 Plumber 13 3120 Police Aide 4 3115 Police Office Specialist 9 3110 Police Property Clerk 6 3105 Police Property Supervisor 13 3100 Police Records Clerk 5 ` iii APPENDIX A Alphabetical Listing of Job Classifications Job Class Current Job Title Salary Range 3095 Police Records Specialist 9 3090 Police Records Supervisor 13 3085 Police Telecommunicator 12 3080 Police Telecommunicator Supervisor 16 3087 Police Telecommunicator Trainee 10 3370 Pool Guard 5 3492 Public Utilities Wastewater Collections Foreman 17 3490 Public Utilities Wastewater Collections Supervisor 19 3387 Recreation Coordinator 9 3380 Recreation Facilities Support Custodian 9 3392 Recreation Leader 5 3505 SCADA Specialist 18 3075 School Crossing Guard Coordinator 5 3726 Senior Account Collector 11 3813 Senior Accounting Technician 12 3360 Senior Beach Lifeguard 9 3875 Senior CAD & GIS Technician 15 3443 Senior Code Enforcement Inspector 16 3880 Senior Construction Inspector 16 3835 Senior Customer Service Representative 11 3405 Senior Development Review Technician 12 3752 Senior Gas Technician 13 3057 Senior Graphic Designer 16 3275 Senior Library Assistant 6 3720 Senior Meter Reader 8 3185 Senior Parking Attendant 6 3307 Senior Parks Service Technician 8 3082 Senior Police Telecommunicator 14 3385 Senior Recreation Coordinator 11 3390 Senior Recreation Leader 7 3610 Senior Solid Waste Worker 8 3167 Senior Stormwater Technician 11 3321 Senior Streets & Sidewalks Technician 11 3235 Senior Survey Assistant 10 3760 Senior Utility Dispatcher 9 3497 Senior Wastewater Collections Technician 13 3440 Sign Inspector 14 ` iv APPENDIX A Alphabetical Listing of Job Classifications Job Class Current Job Title Salary Range 3665 Skilled Tradesworkers 11 3595 Solid Waste Accounts Coordinator 11 3601 Solid Waste Boom Crane Operator 11 3600 Solid Waste Equipment Operator 12 3591 Solid Waste Operations Supervisor 18 3592 Solid Waste Service Foreman 14 3590 Solid Waste Supervisor 18 3602 Solid Waste Technical Operator 9 3620 Solid Waste Worker 6 3800 Staff Assistant 7 3130 Storeskeeper 10 3150 Stormwater Foreman 14 3155 Stormwater Heavy Equipment Operator 11 3148 Stormwater Supervisor 17 3169 Stormwater Technician 8 3160 Street Sweeper Operator 11 3315 Streets & Sidewalks Supervisor 16 3323 Streets & Sidewalks Technician 7 3240 Survey Assistant 7 3230 Survey Crew Leader 15 3220 Traffic Sign & Marking Technician 12 3210 Traffic Engineering Assistant 10 3215 Traffic Operations Supervisor 16 3225 Traffic Signal Technician 14 3605 Transfer Station /Scales Operator 9 3345 Tree Trimmer 8 3480 Utilities Electronics Technician 15 3462 Utilities Maintenance Foreman 15 3460 Utilities Maintenance Supervisor 19 3475 Utilities Mechanic 13 3765 Utility Dispatcher 7 3670 Warehouse Supervisor 16 3500 Wastewater Collections Technician 8 3555 Wastewater Treatment Plant Chief Operator 20 3560 Wastewater Treatment Plant Operator A 17 3562 Wastewater Treatment Plant Operator B 15 3565 Wastewater Treatment Plant Operator C 13 3570 Wastewater Treatment Plant Operator Trainee 8 ` v APPENDIX A Alphabetical Listing of Job Classifications Job Class Current Job Title Salary Range 3512 Water Distribution Foreman 17 3515 Water Distribution Operator Lead 15 3520 Water Distribution Operator 12 3525 Water Distribution Operator Trainee 8 3510 Water Distribution Supervisor 20 3535 Water Treatment Plant Chief Operator 20 3540 Water Plant Operator A 17 3542 Water Plant Operator B 15 3545 Water Plant Operator C 13 3546 Water Plant Operator Trainee 8 3503 Water Quality Technician 13 3625 Welder/Manufacturer 13 ` vi ` vii Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8435 Agenda Date: 12/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve a proposal by Construction Manager at Risk Khors Construction, Inc. of Pinellas Park , Florida in the amount of $91,147.54 for the construction of a storage building and demolition of existing restroom building at Moccasin Lake Nature Park located at 2750 Park Trail Lane; transfer $10,635.52 from CIP 315-93612, McMullen Tennis Complex and $12,590.01 from CIP 315-93635 Park Amenities to Moccasin Lake Nature Park CIP 315-93648 and authorize the appropriate officials to execute same. (consent) SUMMARY: On September 17, 2020, Council approved the award of RFQ 40-20, Construction Manager at Risk (CMAR) Services for Continuing Contracts to thirteen firms with Khors Construction Inc., being one of the thirteen firms selected. The firms selected provide Construction Management (CM) services as needed, under continuing contract(s) for city projects pursuant to Florida Statute, section 287.055 based upon construction experience, financial capability, availability of qualified staff, local knowledge, and involvement in the community. Moccasin Lake Nature Park has recently been renovated to include an updated interpretive building that includes Birds of Prey offices, interpretive displays, meeting room and restrooms, parking lot and entry drive, as well as landscaping and a nature themed playground. This proposal includes the design/build construction of a new storage building, used to store maintenance equipment and supplies at the Center, which replaces a previous storage building that was removed during the renovation project due to its age and location. The storage building will be constructed in an area that is inaccessible to the public. In addition, the 40-year-old restroom building and clivus multrum (composting system), will be demolished and removed from the site. Removing this building will provide additional space that can be used for other park purposes. This is a 150-day contract and will be completed by April 2021. At times the park may be closed during construction. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will transfer $10,635.52 from capital improvement project (CIP) 315-93612, McMullen Tennis Complex and $12,590.01 from CIP 315-93635, Park Amenities Purchase and Replacement to CIP 315-93648, Moccasin Lake Park, to fund this Page 1 City of Clearwater Printed on 12/17/2020 File Number: ID#20-8435 project. Page 2 City of Clearwater Printed on 12/17/2020 6251 44th St. N Suite 1909 Pinellas Park, FL 33781 Phone: 813-728-3689 Email: khorsconst@gmail.com PROPOSAL October 23, 2020 TO: Leroy Chin City of Clearwater 100 S. Myrtle Ave., Suite 200 Clearwater, FL 33756 RE: Moccasin Lake Nature Park Shed and Bathroom Facility Demolition Rev. 10-23-20 Dear Mr. Chin, I am pleased to submit the following Construction Management Proposal for the complete design/build construction of the storage building and demolition of the existing restroom building at Moccasin Lake Nature Park, located at 2750 Park Trail Lane, Clearwater, FL. 33759 as more specifically outlined below for a Guaranteed Maximum Price of ($91,147.54) ninety-one thousand, one hundred, forty-seven and 54/100 dollars. Scope of Work and Cost Detail: We will provide all engineering design, permitting, supervision, labor, materials, equipment, and temporary utilities to complete the scope of work as more specifically outlined below: Moccasin Lake Nature Park Shed 1. One 20’x20’ Tuff Shed to include premium roofing shingles, one (1) standard overhead 8’ x 7’ garage door and one (1) pedestrian door entrance on the same side per Tuff Shed Quote # Q-736715. 2. 6” fiber reinforced concrete slab 22’x24’with thickened edges as required for shed engineering and 12” turndown for 3’ apron for vehicle access to garage door, placed over 6mil visqueen, over termite treated fill. 3. One weatherproof GFCI with metal lockable in use cover. 4. Equipment includes 4 CKT Panel, 60 Amp Rating and disconnect on exterior of the structure. 5. Four (4) vapor proof 1’x4’ LED ceiling mounted lights with switch by pedestrian door. 6. Furnish and install one exterior light under eve of main entrance door. 6251 44th St. N Suite 1909 Pinellas Park, FL 33781 Phone: 813-728-3689 Email: khorsconst@gmail.com 7. Two (2) duplex outlets equally spaced on all walls of shed. Installed 48” above finished floor. 8. One exterior weatherproof GFCI with lockable cover. 9. Provide engineering drawings for shed for permit. Restroom Building Demolition 1. Demolition of Materials with Tractor Trailer to Virginia Avenue. 2. NESHAP Pre Demolition 10 Day Notification. 3. Cut and cap utilities as required for demolition. 4. Removal of board walks adjacent to restroom, light pole, and restroom to below grade. 5. Rough grade to match adjacent including backfill compacted with excavator bucket and rough grade, 10 loads of fill. 6. Access to site via W Virginia Lane gate. 7. Birds immediately around demo site should be placed inside. Item Proposal Demolition and Backfill $ 33,640.00 Permitting Coordination and Filings $ 1,200.00 Site/Clear/Grub/Grade $ 2,800.00 6" Concrete SOG 6Mil over Treated Fill $ 8,260.00 Garage Building By Tuff Shed $ 14,724.27 Equipment, Signage, and Temp. Barricades $ 1,851.41 Electrical $ 7,954.75 Supervision, Insurance, OH&P $ 12,430.97 Sub-Total $ 82,861.40 Owner Contingency $ 8,286.14 Grand Total $ 91,147.54 Alternates: • Deduct ($10,500.00) If backfilling for restroom is not desired. Exclusions: 1. Permitting fees. 2. Site plan furnished by owner. 3. Erosion Control. 4. Pumping or disposal of hazardous materials. 5. Permits, Asbestos survey and/or abatement 6. Asphalt or Tree Removal. 7. Removal of items stored in restroom. 6251 44th St. N Suite 1909 Pinellas Park, FL 33781 Phone: 813-728-3689 Email: khorsconst@gmail.com 8. Dumpster for Shed Construction. 9. Repairs or remediation of shell trails or sidewalks upon completion of project. 10. Replacement of conduit to shed from classroom service. 11. Any interior improvements to shed not specifically called out on this proposal. 12. Temporary fencing if desired for park patrons. 13. Builder’s risk Insurance. 14. Performance Bond. Project Duration shall be 150 calendar days from the date of the Notice to Proceed. Existing Contract: This proposal is submitted in conjunction with the existing Construction Manager at Risk Services Continuing Contract entered into with the City of Clearwater on on 08/24/2020 based on RFQ #40-20. If GMP Exceeds $150,000: Per Section III, Article 5.1 of the Contract Specifications, the contractor shall provide to the public entity a certified copy of the recorded bond. Once the City receives a certified copy of the recorded bond, a Notice to Proceed may be issued. Include the attached bond form as well as the Power of Attorney. (If GMP is less than $150,000 a bond is not required.) For work performed, invoices shall be submitted to Leroy Chin, City of Clearwater--Parks and Recreation Department 100 S. Myrtle Ave., Suite 120 Clearwater, FL 33756. Contingency services may be billed only after written authorization is provided by the City to proceed with those services. KHORS CONSTRUCTION, INC. CITY OF CLEARWATER, FLORIDA By: Kori Khorsandian By: ______________________________ Date: October 23, 2020 Date:_____________________________ Kori Khorsandian, President Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8556 Agenda Date: 12/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Approve a purchase order with M Gay Constructors, Inc. of Jacksonville, Florida per ITB 19-0035-PR, in the amount of $169,470.40 for lighting the tennis courts at Morningside Recreation Complex and a change of scope of the Morningside Recreation Center Project CIP 315-93251 to include the lighting of tennis courts; transfer $131,651.99 from retained earnings at first quarter and authorize the appropriate officials to execute same. (consent) SUMMARY: On March 1, 2018, the Council considered a recommendation by the Parks and Recreation Board to provide lighting for the Morningside Recreation Tennis Courts. Council directed staff to investigate and see if it was feasible to direct funds from the current ongoing Capital Improvement Project at Morningside to light the tennis courts. On October 2, 2019 staff reported to Council that there was not a significant amount of savings in the project to pay for the lighting of the tennis courts. Council subsequently instructed staff to utilize reserve funds to pay for the lighting of the tennis courts, in addition Council instructed staff to light the basketball courts as well as part of the project. After further analysis staff is recommending that only the tennis court lighting be included in this project. Staff is now in the position to report that there is $37,098 left from the original Morningside Recreation Center project (CIP 315-93251) for lighting of the tennis courts. Staff is seeking direction as to whether the City Council wants to modify the scope of the project and allocate additional funds of $131,651.99 from retained earnings to light the tennis courts. Based on ITB #19-0035-PR, M Gay Constructors, Inc. is the lowest and most responsive bid in accordance to plans and specifications at $169,470.40. This contract will include the installation of poles, lights, controller and conductor cabinet to light the four existing tennis courts to 30fc. The annual increase in operating cost for electricity and maintenance will be approximately $250 per month or $3,000 per year. Capital replacement costs will be approximately $200,000 in 25 years or $4,000 per year. Installation of the lights will take approximately three to five months. APPROPRIATION CODE AND AMOUNT: A total of $37,818.41 is available in capital improvement project 315-93251, Morningside Rec Page 1 City of Clearwater Printed on 12/17/2020 File Number: ID#20-8556 Center Replacement. If approved, a first quarter budget amendment will transfer of $131,651.99 from General Fund reserves to provide additional funding needed for this project. USE OF RESERVE FUNDS: Inclusive of this item if approved, a net total of $741,652 of General Fund reserves has been appropriated by Council to fund expenditures in the 2020/21 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $25.6 million, or 16.8% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 12/17/2020 BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization and Site Preparation 1.1 Mobilization,General Conditions,Demobilization,Utilization of Third Party to Locate Existing Underground Utilities Within the Work Area LS 1 8,400.00$ 8,400.00$ 7,164.00$ 7,164.00$ 34,147.08$ 34,147.08$ Subtotal 8,400.00$ 7,164.00$ 34,147.08$ 2 Lighting & Electrical 2.1 Tennis Court Luminaire (Musco TLC-LED-600 includes Musco C-25 maintenance and warranty)EA 16 7,535.00$ 120,560.00$ 6,400.00$ 102,400.00$ 6,492.21$ 103,875.36$ 2.2 Light Pole EA 6 5,250.00$ 31,500.00$ -$ -$ 6,492.21$ 38,953.26$ 2.3 Control & Conductor Cabinet EA 1 2,600.00$ 2,600.00$ 42,000.00$ 42,000.00$ 6,492.21$ 6,492.21$ Subtotal 154,660.00$ 144,400.00$ 149,320.83$ 3 Restoration 3.1 Site Restoration LS 1 4,500.00$ 4,500.00$ 2,500.00$ 2,500.00$ 2,489.90$ 2,489.90$ Subtotal 4,500.00$ 2,500.00$ 2,489.90$ SUBTOTAL (1.1 - 3.1)167,560.00$ 154,064.00$ 185,957.81$ 4 10% Owner's Contingency of Subtotal 1.1 – 3.1 LS 1 16,756.00$ 16,756.00$ 15,406.40$ 15,406.40$ 18,595.78$ 18,595.78$ 15 TOTAL CONTRACT (1.1 - 4.0)184,316.00$ 169,470.40$ 204,553.59$ corrected calculation MORNINGSIDE TENNIS COURTS LIGHTING 19-0035-PR BID OPENING - NOVEMBER 19, 2020 AWARD - DECEMBER 17, 2020 MCS of Tampa 8510 Sunstate St. Tampa, FL 33634 Himes Electric Company, Inc. 1040 Land o' Lakes Blvd. Lutz, FL 33549 M Gay Constructors, Inc. 11091 Industry Dr. Jacksonville, FL 32218 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8570 Agenda Date: 12/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Approve adding three new full-time positions to the Parks and Recreation Department in order to provide enhanced maintenance for Crest Lake Park, approve a first quarter budget amendment allocating $172,800.00 from general fund reserves and authorize the appropriate officials to execute same. (consent) SUMMARY: On February 20, 2020, the City Council approved a contract with Wharton Smith, Inc. of Tampa Florida in the amount of $5,788,473.00 for the construction and renovations of Crest Lake Park. Renovations of the park are nearing completion with a grand opening to be scheduled in late February or early March, at which time the city will once again be responsible for all park maintenance. Prior to renovations the level of service included emptying trash containers weekly, cutting grass, edging, cleaning off sidewalks thirty-two times per year, and maintaining the dog park and Veteran’s Memorial Plaza weekly. During construction, staff continued to maintain the southern portion of the park which included the dog park and Veterans Memorial Plaza and parking lot. Due to enhanced features in the park, including restrooms, a splash pad, lake fountain, arboretum, additional play features, volleyball courts, picnic shelters, boardwalks, increased landscaping, sidewalks, and signage; there is a need to add three new maintenance employees and increase the operational budget for the park. Staff is requesting the addition of three full-time equivalent positions (FTEs); one Parks Service Foreman and two Park Service Technicians. Annual costs for these positions as well as an increase to the operational budget which includes utilities, contractual services, operating supplies etc. amount to an estimated cost of $251,040.00. This amount has been pro-rated to $172,800.00 to fund these additional costs for the remainder of Fiscal Year 20/21. The additional staff will provide seven days a week coverage as well as provide a daily presence in the park for the safety of residents and visitors to the park. The park is open from 6:00 AM to 9:00 PM with staff present for a minimum of eight hours per day. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will increase parks and recreation cost center 01863, South Landscape Maintenance Team by three (3) FTEs and $172,800.00 recognizing an allocation of General Fund Reserves. USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/17/2020 File Number: ID#20-8570 Inclusive of this item if approved, a net total of $959,982.00 of General Fund reserves has been appropriated by Council to fund expenditures in the 2020/21 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $25.3 million, or 16.7% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 12/17/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8465 Agenda Date: 12/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Approve Supplemental One Work Order to Engineer of Record (EOR) McKim and Creed, of Clearwater, Florida, in the amount of $68,860 for Lift Station 25 Force Main (20-0017-UT), increasing the work order from $148,614 to $217,474 and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater owns and operates lift station 25 and its associated 12 ‐inch force main, located along Countryside Boulevard. Two breaks have occurred along this force main over the last year; therefore, the purpose of this project is to identify and repair other areas that may be susceptible to breaking or determine if the entire length of the force main should be replaced. June 18, 2020, City Council approved an initial work order to McKim and Creed for engineering services to investigate the condition of the force main and evaluate the need for partial repairs or complete replacement in the amount of $148,614. As part of this evaluation a pressure pipe assessment was conducted utilizing acoustic technology (i.e. Pure Technologies SmartBall®) that detects leaks and gas pockets within pressurized pipelines. This inspection identified the approximate location of two gas pockets along the force main. Supplemental one work order is for additional subsurface utility engineering (SUE) to further define the location of these gas pockets for a new work order value of $217,474. The City of Clearwater’s Public Utilities Department owns, operates and maintains the sanitary sewer collection system. APPROPRIATION CODE AND AMOUNT: 3217321-530100-96686 $ 68,860.00 Funds are available in Capital Improvement Project 96686, Pump Station Replacement, to fund the work order. Page 1 City of Clearwater Printed on 12/17/2020 Work Order Initiation Form Page 1 of 7 Revised: 10/23/2020 1365 Hamlet Ave Clearwater, FL 33756, (727) 442‐7196 SUPPLEMENTAL WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: November 6, 2020 Consultant Project Number: 00992-0251 City Project Number: 20-0017-UT City Plan Set Number: 2020012 1.PROJECT TITLE: Lift Station 25 12‐inch Force Main Replacement 2.SCOPE OF SERVICES: The City of Clearwater (City) owns and operates Lift Station 25 (LS 25) and its associated 12-inch force main located along Countryside Boulevard. This force main runs from LS 25, which is located west of US 19, to a gravity sewer manhole located near the intersection of Countryside Boulevard and Winding Wood Drive, a distance of approximately 5,400 LF. In addition to LS 25, there are three (3) other City owned lift stations and one (1) private lift station that manifold into the 12- inch force main. The 12-inch force main has recently been repaired by the City following a failure near its terminus (February) and an ARV replaced west of US-19 (May). McKim & Creed (Consultant) is currently providing professional engineering services to investigate the condition of the force main and evaluate the need and type of repairs to extend the useful life of this force main. The completed pressure pipe assessment using acoustic technology (i.e. Pure Technologies SmartBall®) identified the approximate locations of 7 anomalies (2 gas pockets and 5 gas slugs). However, as noted in the SmartBall® Inspection Report – 20-0017-UT Lift Station 25 12-inch Diameter Force Main Replacement, Pure Technologies, August 2020; the tracking sensor did not register the location, nor was there consistent rolling of the tool as it moved through the force main. Coupled with the fact that record drawings of the force main construction are not available, it is therefore recommended that additional subsurface utility engineering (SUE) work be performed to further define the locations of the two gas pockets, GP1 and GP2, as shown on Figure ES.2 (page 4) of the aforementioned report (SUE work is not recommended for the location of Gas Slug 5 as Gas Slug 5 is in the vicinity of the previous force main repair and the City has stated that they intend to replace more of the existing force main in this area. Gas Slugs 1 through 4 are located in the general vicinities of gas pockets GP1 and GP2.) Work Order Initiation Form Page 2 of 7 Revised: 10/23/2020 Task 3 SUE Services: SUE services will be performed to provide a profile of the existing force main in the vicinity of gas pockets GP1 and GP2 in accordance with the following. Task 3.1 QLB Designation: 1.Quality Level B (QLB) locates will be performed on the force main within the planned work locations of GP1 and GP2 for 200 feet along the force main in each direction at GP1 and GP2 (a total of 800 feet). Per the SmartBall Inspection Report, “The gas pocket is located at a high point in the Force Main, based on the SmartBall strain gauge data. The location reported may not be accurate due to multiple tool stoppages and inconsistent rolling during the inspection. Location could be off by 200 ft based on Google Earth’s placement of the nearby high elevation.” 2.Use conventional survey and Florida State Plane for horizontal and NAV 88 for vertical to survey the topographic surface above the force main 200 feet in each direction from GP1 and GP2. A hub and lathe will be placed every 20’ listing the survey information on each lathe in the field (PK nail will be set if the location is within the asphalt pavement). This information will be used to create a surface file in AutoCAD. 3.Ground Penetrating Radar (GPR) will be used at each hub and lathe (or PK nail) location to obtain the depth of the force main from ground level at each point. 4.Using the elevation from survey at each point and the depth from ground level of the force main at each point, we will then create a profile, in CAD, to identify vacuum excavation points for confirmation of elevations at GP1 and GP2. We will conduct a meeting with the City to discuss the recommended limits of the vacuum excavation points prior to performing the vacuum excavations. Task 3.2 QLA Locating (vacuum excavation): 1. Provide QLA locating services via vacuum excavation for confirmation of vertical and horizontal (VVH) data. Based on the City’s request, we have budgeted no more than ninety‐ four (94) test holes. (Number of holes is based on the desire to obtain two locations per pipe.) MOT in the form of lane closure will be required for the QLA locating services. For budgeting purposes, we anticipate being able to complete 5 to 8 test holes per day at a crew rate of $1,850 per day. The actual number of test holes completed per day depends on if the test hole is located within the paved roadway versus grassed area and other factors such as encountering tree roots, rocks and other utilities. 2. The location of the vacuum excavations will be marked with a hub and lathe, surveyed using conventional survey, and placed on the CAD file to be provided. Work Order Initiation Form Page 3 of 7 Revised: 10/23/2020 3. PROJECT GOALS: The main project goal is to evaluate the condition of the existing Lift Station 25 force main and identify/recommend repairs or replacement to this critical piece of the City’s wastewater infrastructure. Deliverables for Task 3 will include: • Profile drawing of the 12” force main in the vicinity of GP1 and GP2. • A SUE report will be generated with pictures of our findings, location of test holes, size, material, depth from ground level and horizontal location. 4. BUDGET: See Attachment “B”. This price includes all labor and expenses anticipated to be incurred by McKim & Creed, Inc. for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate, for a fee not to exceed Sixty‐Eight Thousand, Eight Hundred Sixty Dollars ($68,860.00). 5. SCHEDULE: Task 3 schedule will commence upon receipt of written authorization from the City. The Task 3 schedule is to be completed within 70 calendar days from issuance of notice‐to‐ proceed and requires the issuance of the lane closure permit by the City within three (3) days of the initial request. 6. STAFF ASSIGNMENT: Consultant: A. Street Lee, PE Senior Vice President Mitch Chiavaroli, PE Senior Project Manager Blake Peters, PE Senior Engineer Wayne Guido SUE Project Manager City: David Ojeda Project Manager Jerry Wells Public Utilities Assistant Manager Glenn Daniels Public Utilities Manager Jeremy J. Brown, PE Engineering Manager Richard G. Gardner, PE Public Utilities Assistant Director Michael Gilliam Public Utilities Infrastructure Maintenance Manager Kervin St. Aimie Public Utilities Infrastructure Maintenance Assistant Manager . 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Mitch Chiavaroli, PE (mchiavaroli@mckimcreed.com) Work Order Initiation Form Page 4 of 7 Revised: 10/23/2020 Blake Peters, PE (bpeters@mckimcreed.com) All City project correspondence shall be directed to: City’s Project Manager with copies to the Engineering Manager, Public Utilities Assistant Director, and others as may be appropriate. ENGINEER shall provide a minimum of forty‐eight (48) hours’ notice prior to conducting fieldwork/site visits. ENGINEER shall provide a minimum of seven (7) days notification for site visits requiring the assistance of City Operations and Maintenance personnel. ENGINEER acknowledges that all City directives shall be provided by the City’s Project Manager. 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Att. Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 3217321‐530100‐96686 for $68,860.00 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order, Project and Invoice Numbers and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period. D. Contract billing method – Lump Sum or Hourly Rate. E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes, where applicable. Work Order Initiation Form Page 6 of 7 Revised: 10/23/2020 ATTACHMENT “A” City of Clearwater Engineering Department WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT: The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES: The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562‐4762 or email address Tom.Mahony@myClearwater.com. All electronic files (including CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Work Order Initiation Form Page 7 of 7 Revised: 10/23/2020 ATTACHMENT “B” City Project 20-0017-UT Lift Station 25 Force Main Replacement McKim & Creed, Inc. WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total 3.0 SUE Services 3.1 QLB Designation $11,720 $11,720 3.2 QLA Locating (vacuum excavation) $17,120(1) $33,760(2) $50,880 Subtotal, Labor and Subcontractors $62,600 Permit Review Fees $0 Other Direct Costs (prints, photocopies, postage, etc.) (Not applicable to lump sum Work Orders) $0 4.0 Contingency (10%) $6,260 Grand Total $68,860 (1) Roadside quote – 16 days at $1,000 per day plus sales tax (2) includes 16 days of QLA crew at $1,850 per day plus survey, cadd, and SUE project manager time ENTERPRISE RD MOORE HAVEN DR EWINDING WOOD DRCOUNTRYSIDE BLVD ALEXANDER CIRSR 580 US H w y 1 9 N VI LLAG E D R ENTERPRISE RD E WARWICK DR CYPRESS BEND DR SUMAT R A N WAYTHIRD AVE N FOURTH AVE NCOUNTRYSIDE BLVD LOCATION MAP Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Engineering\Location Maps\LS25_FM_Repl_8.5_x_11.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1Date:11/9/2020 Lift Station 2512-inch Force Main ReplacementProject #20-0017-UT DOReviewed By:WDMap Gen By:S-T-R: 07-29s-16eGrid #: 272A ^ WOODG A T E PARK ² N.T.S.Scale: PROJECTLOCATION ^ 12" Sanitary FM Sanitary Sewer Manhole #222A1030 Sanitary Lift Station #25 Legend Clearwater Service Area Area not in Clearwater Jurisdiction Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8551 Agenda Date: 12/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Approve Supplemental One Work Order to Engineer of Record Stantec Consulting Services, Inc., of Tampa, Florida for Lift Station 16 in the amount of $248,966, increasing the work order from $198,608 to $447,574 and authorize the appropriate officials to execute same. (consent) SUMMARY: June 4, 2020, City Council approved an initial work order to Engineer of Record (EOR) Stantec Consulting Services to provide design, permitting and construction services for the repair and/or replacement of failing components at Lift Station 16 in the amount of $198,608. As part of the original work order, Stantec performed a capacity assessment that resulted in recommendations to increase the capacity of lift station by upsizing the wet well, pumps, electrical equipment and instrumentation and controls. Supplemental One Work Order is for additional design and construction services associated with an increased the scope of work for a complete replacement of Lift Station 16 in lieu of the original scope of rehabilitating the existing infrastructure. The City of Clearwater’s Public Utilities Department owns, operates, and maintains the sanitary sewer collection system. APPROPRIATION CODE AND AMOUNT: 3217321-561300-96686 $ 248,966.00 Funds are available in Capital Improvement Project 96686, Pump Station Replacement, to fund the work order. Page 1 City of Clearwater Printed on 12/17/2020 SUPPLEMENTAL WORK ORDER FORM 1 of 11 Revised: 7/22/2019 Stantec Consulting Services, Inc. SUPPLEMENTAL WORK ORDER FORM for the CITY OF CLEARWATER Date: 11/23/2020 Consultant Project Number: 177311526 City Project Number: 20-0008-UT City Plan Set Number: 2020006 1. PROJECT TITLE: Lift Station 16 Pierce St Rehab 2. SCOPE OF SERVICES: As part of the original work order, Stantec performed a capacity assessment for Lift Station (LS) 16 and the downstream forcemain based on demand projections provided by the City (Marshall Street WRF Basin Hydraulic Analysis, dated June 23, 2020). Recommendations from this assessment were to replace the existing lift station with a larger lift station (capacity up to 4.9 MGD) and replace the existing 12-inch forcemain with a 16-inch. This assessment and recommendations are recorded in the basis of design report (BODR) for the project. This Supplemental Work Order is in response to the City’s request for Stantec to perform consulting design services for replacing LS 16 with a new larger station in lieu of the original scope of rehabilitating the existing LS. This scope is additive to the scope of the original work order. II. DESIGN PHASE Task 2.4 Geotechnical – Stantec via subconsultant (Arehna Engineering Inc.) shall conduct a geotechnical boring on the LS site and two along the horizontal direction route for the forcemain. The exploration will include standard penetration test (SPT) soil borings to auger refusal within the limits of the proposed LS site. SUPPLEMENTAL WORK ORDER FORM 2 of 11 Revised: 7/22/2019 Prior to performing the geotechnical exploration, Stantec will notify One Call (811) to clear underground utilities at the project location as required by State law. Permitting is not anticipated for Stantec to complete the geotechnical exploration at the proposed site. Each boring will extend to a depth of 5 feet below the design elevation (approximately 30- feet) or auger refusal. Prior to backfill of the boring, a percolation test will be performed to estimate the hydraulic conductivity of the soil. Upon completion of drilling, the borings will be monitored for the presence of groundwater and subsequently backfilled with grout. Upon completion, field survey of as-drilled locations will be performed by Stantec to establish horizontal and vertical control. Select soil and rock samples obtained from the completed borings will be tested to determine relevant engineering properties. Testing will be assigned by a geotechnical engineer and performed in general accordance with ASTM accepted standards. Samples will be collected and Standard Penetration Test resistances will be measured continuously for the top ten feet and at approximate intervals of five feet thereafter. The tests will consist of determination of natural moisture content, grain size analyses, Atterberg limits, and unconfined compressive strength testing of soil or rock. The final selection of tests will be based on actual conditions encountered. Following completion of the geotechnical exploration and laboratory testing program, Stantec will prepare a geotechnical report which will include a narrative text and geotechnical drawings with boring logs. The completed geotechnical report will present the subsurface data and will address, the following: i.Description of site and subsurface conditions, including soil stratigraphy, bedrock occurrence, soil and bedrock lithological changes, and geologic hazards such as karst terrain; ii.Recommendations for site preparation for the LS including criteria for site stripping, excavation, guidelines for undercutting of unsuitable materials and subgrade remedial treatments, and criteria for placement and compaction of miscellaneous fill materials; iii.Design recommendations for foundation design and FM Horizontal directional drill will be provided. The maximum allowable bearing capacity, coefficient of friction between the bearing surface and footing, settlement estimates for foundations, recommended embedment depths, uplift, and lateral support recommendations will be provided, as needed; iv.Recommendations for design of slabs-on-grade, including values for subgrade reaction modulus; v.Recommendations for rigid concrete and flexible asphalt pavements; vi.An estimation of seismic considerations, design coefficients, and accelerations per 2018 International Building Code. III. FINAL DESIGN PHASE Stantec will produce final design documents (drawings and specifications) for the improvements identified in the preceding phase to install a new lift station at the site to replace the existing LS-16. In general, the new Lift Station design shall comply with the City of SUPPLEMENTAL WORK ORDER FORM 3 of 11 Revised: 7/22/2019 Clearwater’s latest revision of the “Specification for Waste Water Lift Stations”, “PUMP STATION STANDARD ELECTRICAL DETAILS 480V 3-PH PUMP 47 TO 160 HP” and “PUMP STATION STANDARD DETAILS”. The new lift station as described in the BODR will be a triplex configuration with new wetwell including associated electrical equipment (elevated above the 500-year floodplain to Elevation 15) and piping. Piping and valving will include a meter (with bypass), check valves, plug valves, bypass connection for pump-out and air release valve. The design will involve expanding the site to the south and east including removal/replacement of the perimeter fence and landscaping. The site will be designed to have positive drainage following the existing flow path. A technical drainage study is not included. As part of the original work order, a backup natural gas generator will be installed to provide gas feed from the adjacent gas line in Pierce St. Stantec will coordinate with the gas company (assumed to be 2 coordination calls and 1 in-person meeting) to coordinate gas service for the lift station. Task 3.5 – Additional LS Design LS Resiliency Study Stantec will perform an evaluation to assess the vulnerability of the lift station in severe weather events. The evaluation will assess the level of storm surge and sea level rise resiliency afforded by the proposed design and elevating the LS to elevation 15. Further, the study will assess the vulnerability to an extreme weather event (Category 5 Hurricane) and provide recommendations for improvements that can be made to the lift station in the current lift station replacement Project or in the future to improve the resiliency of the lift station. The assessment will evaluate published wind speed, storm surge, and sea level rise information and provide information as to their intended use and level of detail. Options evaluated will consist of elevating and protecting critical equipment, relocating the equipment to a higher ground elevation east of the current site, and providing quick connects with backup equipment available on hand to allow for the facility to quickly return to service after an extreme event ·Deliverable will be a short technical memorandum in electronic (pdf) format 60% Design STANTEC will provide written responses to BODR submittal comments along with associated design revisions, as necessary, to incorporate review comments. Drawings will be appropriately advanced and coordinated with all disciplines. The 60% design deliverable will include discipline-specific drawings and specifications. The 60% design effort will include documentation for the decommissioning the existing LS-16 and associated forcemain. The scope of work and level of effort related to the replacement of LS-16 assumes that the project will be executed by the Imagine Clearwater contractor and no bidding process will occur. Stantec will coordinate with the Imagine Clearwater Project to identify the location of overflow parking, driveway, and trash compactor in relation to the LS. Stantec anticipates the production of the following 60% deliverables as part of the 60% design documents: SUPPLEMENTAL WORK ORDER FORM 4 of 11 Revised: 7/22/2019 · Deliverable will include electronic (pdf) copies of drawings and specifications, via email. Refer to Attachment C for listing of drawings included in original work order and addition effort produced with this supplemental work order. · 60% Engineer’s Opinion of Probable Construction Cost (AACE Class 4). Cost estimate will be provided for City’s information and Stantec will not be involved in cost negotiation/management and value engineering activities by the Contractor. Stantec will conduct a 60% design comment review meeting with City to present design drawings at a 60% level to the City. Comments gathered and resolved from the City through the workshop will be incorporated into the design. 90% Detailed Design ENGINEER will develop design documents to produce a 90% deliverable based upon 60% progress set workshop. Submittal documents will be provided as a Draft for City of Clearwater and CMAR review and written responses to comments will be provided along with associated design revisions, as necessary, to incorporate review comments. Stantec will incorporate the comments produced during the 60% design review and develop the Contract Documents to a 90% completion. Stantec anticipates the production of the following deliverables as part of the 90% design documents. Refer to Attachment C for listing of drawings included in original work order and addition effort produced with this supplemental work order. · Stantec will conduct a short circuit analysis to determine fault current potential. Stantec will coordinate with the utility for fault current determination and provide specification requirements for Contractor to finalize arch flash study and labeling. · Deliverable will include electronic (pdf) copies of drawings and specifications via email. Refer to Attachment C for listing of drawings included in original work order and addition effort produced with this supplemental work order. · 90% Engineer’s Opinion of Probable Construction Cost (AACE Class 3). Cost estimate will be provided for City’s information. · Stantec will perform a technical review of the Contractor’s estimate and provide comments to the City but will not be involved in cost negotiation/management and value engineering activities by the Contractor. 100% Detailed Design ENGINEER will revise the design documents to address review comments received on the 90% documents from the City. The revised documents will serve as the permitted set of documents labeled 100% Design Documents – ISSUED FOR CONSTRUCTION. The signed and sealed Issued for Construction (IFC) Drawings and Specifications are to be incorporated into the Imagine Clearwater construction documents. SUPPLEMENTAL WORK ORDER FORM 5 of 11 Revised: 7/22/2019 Stantec anticipates the production of the following deliverables as part of the Final Construction Drawings and Specifications documents: · Deliverable will include (5) 11x17 printed copies of drawings, specifications, and a pdf file via email. · Revised 90% Engineer’s Opinion of Probable Construction Cost (AACE Class 3). Cost estimate will be provided for City’s information and Stantec will not be involved in cost negotiation/management and value engineering activities by the Contractor. IV. BIDDING PHASE Task 4.1 – Bidding Support This task will only be performed as needed and with the City’s approval. If not needed, the associated budget will be unused. The City intends to negotiate with the CMAR preforming the Imagine Clearwater construction to add the LS replacement scope and bid the work under that project. Should negotiations fall through, the City will publicly bid the LS replacement and select the lowest responsive bidder. Stantec will assist the City in preparing Sections I, II, III, and V of the construction contract documents for the bid procurement. Stantec will respond to bidder questions and prepare one bid addendum. V. CONSTRUCTION PHASE Task 5.8 – Construction Observation Stantec will provide a construction observer to be present during critical work on the site and verify compliance with the Contract Documents. The observer will provide a daily field report of work on the site indicating any deficiencies observed and taking photographs of construction progress, verify that materials delivered to the site are consistent with submitted materials, and review progress reports and payment requests against constructed project elements. After substantial completion, the inspector will provide and compiled report for records. The level of effort is assumed to be full-time (120 hours/month) for the middle two months of construction and half-time (60 hours/month) for the first and last month (4 months total) Task 5.9 – Additional RFI and Submittal Reviews Review additional RFI and shop drawings associated with the LS replacement scope. Total additional shop drawing reviews assumed to be 10 with re-submittals and 3 additional RFIs; average time for review 3 hours each. SUPPLEMENTAL WORK ORDER FORM 6 of 11 Revised: 7/22/2019 VI. ASSUMPTIONS: · Stantec will prepare the technical specifications for the Project. Front end procurement documents (construction contract, general conditions, etc.) will be provided by the City/Contractor. · Right-of-Way permits for FM crossing of Pierce St and Cleveland St. are not required. · The LS-16 project, as a part of the ICP, is not subject to separate permit submittal, review, and approval by the City of Clearwater Planning and Development Services Department. · Permit fees shall be paid by City of Clearwater. · ICP Contractor shall be responsible for all building permits. · ICP Contractor shall be responsible for NPDES permitting, including preparation of SWPPP. · Space on the site and in the electrical cabinet will be provided for future odor control. Analysis and design of an odor control system is not required under this scope of services. · No alternate equals without Owner approval. · No use of City owned equipment (i.e. sampling equipment, etc.) by consultants/contractors. 3. PROJECT GOALS: The goals of this Supplemental Work Order are as follows: · Provide geotechnical explorations and engineering for the LS-16 site and horizontal directional drill force main. · Provide final design documents for replacement of LS-16 including upsized wetwell, pumps, electrical and associated civil and controls improvements. 4. BUDGET: See Attachment “B”. This price includes all labor and expenses anticipated to be incurred by Stantec Consulting Services, Inc. for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate Basis for a fee not to exceed two hundred forty-eight thousand nine hundred sixty-six Dollars ($248,966). SUPPLEMENTAL WORK ORDER FORM 7 of 11 Revised: 7/22/2019 5. SCHEDULE: The project schedule is revised as follows from delivery of Final Basis of Design Report (BODR): 60% Construction Plans and LS Resiliency Study 60 calendar days City Review Period – 60% 21 calendar days 90% Construction Plans 60 calendar days City Review Period – 90% 21 calendar days 100% Construction Documents and Permit Applications 45 calendar days 6. STAFF ASSIGNMENT Hamid Sahebkar, PE (Principal) Jarah Parke, PE (PM/Civil) Jeovanni Ayala-Lugo, PE (Mechanical) John Nel, PE/Bradley Buchanan, PE (electrical/I&C) Mark Foster, PSM (Survey/SUE) Soli Rojas (Construction Manager) STAFF ASSIGNMENT (City of Clearwater): David Ojeda Project Manager Kervin S. Aimie Public Utilities Site Representative LS Jerry Wells Public Utilities Site Representative FM Mike Gilliam Public Utilities Manager LS Glenn Daniel Public Utilities Manager FM Jeremy J. Brown, PE Utilities Engineering Manager Richard G. Gardner, PE Public Utilities Assistant Director 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Jarah Parke, jarah.parke@stantec.com or Jeovanni Ayala-Lugo, jeovanni.ayala-lugo@stantec.com 777 S. Harbour Island Blvd. Suite 600 Tampa, Florida 33602 SUPPLEMENTAL WORK ORDER FORM 8 of 11 Revised: 7/22/2019 All City project correspondence shall be directed to: City’s Project Manager with copies to the Utilities Engineering Manager and Public Utilities Assistant Director and others as may be appropriate. ENGINEER shall provide a minimum of forty-eight (48) hours’ notice prior to conducting fieldwork/site visits. ENGINEER shall provide a minimum of seven (7) days notification for site visits requiring the assistance of City Operations and Maintenance personnel. ENGINEER acknowledges that all City directives shall be provided by the City Project Manager. In addition to the original copies delivered as stated in the scope of work, all project deliverables will be incorporated into the project catalog and submitted in electronic format on CD or other City approved device prior to approval of final invoice. 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Att. Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: _3217321-561300-96686 9. INVOICING PROCEEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order, Project and Invoice Numbers and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period D. Contract billing method – Lump Sum or Hourly Rate E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be SUPPLEMENTAL WORK ORDER FORM 9 of 11 Revised: 7/22/2019 required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes where applicable. Sanitary sewer wastewater flows generated by any future use of the old City Hall property and Water’s Edge Condominium property are included in the capacity analyses of LS-16. Additional flows generated by the addition of another level to the City Main Library will be included. The methods outlined herein for discovery and designation of subsurface utilities are consistent with industry recognized procedures. While such methods are effective, the potential exists that all underground utilities may not be discovered due to soil condition, water table, utility depth and utility placement (i.e. Utilities on top of one another). The lift station design produced herein will be produced as a separate construction specification and drawings package and is anticipated to be constructed under the ICP construction contract. The force main design will be incorporated into the ICP utility package and bid/constructed separate from the lift station but also under the ICP construction contract. PREPARED BY: APPROVED BY: ________________________ ________________________ Hamid Sahebkar, P.E. Tara Kivett, P.E. Principal City Engineer Stantec Consulting Services City of Clearwater ___________________ ___________________ Date Date November 24, 2020 Attachment “A” SUPPLEMENTAL WORK ORDER FORM 10 of 11 Revised: 7/22/2019 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 3. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address Tom.Mahony@myClearwater.com. All electronic files (including CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “B” SUPPLEMENTAL WORK ORDER FORM 11 of 11 Revised: 7/22/2019 Project # 20-0008-UT Lift Station 16 Pierce St Rehab Stantec Consulting Services, Inc. SUPPLEMENTAL WORK ORDER FORM PROJECT BUDGET Task Description Labor Subconsultant/ Expenses Total 2.0 Design 2.4 Geotechnical $2,160 $4,863 $7,023 Subtotal $7,023 3.0 Final Design Plans and Specifications 3.5 Additional LS Replacement Design 3.5.1 LS Resiliency Study $23,360 $23,360 3.5.2 60% Design $47,200 $47,200 3.5.3 90% Detailed Design $43,280 $43,280 3.5.4 100% Detailed Design $22,150 $400 $22,550 3.5.5 Quality Control $10,240 $10,240 Subtotal $146,630 4.0 Bidding Phase 4.1 Bidding Support $7,440 $400 $7,840 Subtotal $7,840 5.0 Construction Phase 5.8 Construction Observations $48,600 $1,800 $50,400 5.9 Additional Submittal and RFI Review $14,440 $14,440 Subtotal $64,840 Subtotal, Labor and Subcontractors $226,333 5.0 Contingency (10%) $22,633 Grand Total $248,966 Initial WO Amendment Drawing (LS Rehab)(LS Replacement)Comments Cover Sheet 1 1 No Change Legend, Abbreviations and General Notes Sheet 1 1 Minor additional effort Site Civil Demo Plans 0 2 New sheets Site Civil Plans 0 3 New sheets Landscape Restoration Plan and Section 0 1 New sheets LS Mechanical Demo/decommissioning 0 1 New sheets LS Mechanical Plan and Section 1 2 1 additional sheet; additional effort on the other LS Valve/Meter Vault Plan and Section 0 2 New sheets P&IDs 1 1 additional effort needed LS Electrical and Instrumentation 3 11 8 additional sheets; additional effort on the others Civil Details 0 2 New sheets Mechanical Details 1 2 1 additional sheet; additional effort on the other Electrical/Instrumentation Details 1 3 2 additional sheets; additional effort on the other Structural Details 0 2 New sheets Force Main P&P 4 4 No Change Force Main Details 1 1 No Change Total 14 39 25 additional sheets; additional effort on 8 others Attachment "C" Project # 20-0008-UT Lift Station 16 Pierce St Rehab - Drawing List - DREW ST PIERCE ST MEMORIAL CSWY COURT ST CLEVELAND ST CHESTNUT ST S FORT HARRISON AVE ROGERS ST S OSCEOLA AVE OAK AVE N OSCEOLA AVE WATTERSON AVE BAY AVE S GARDEN AVE N FORT HARRISON AVE LAURA ST PARK ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com KN TM N.T.S.286B 16-29s-15e5/12/2020Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\LS16_REHAB_8x11.mxd PROJECTLOCATION ^ Lift Station 16 - Pierce St. RehabProject # 20-0008-UT Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8569 Agenda Date: 12/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Approve Supplemental Work Order 2 to Engineer of Record (EOR) Cardno, Inc. in the amount of $73,600 to complete Archeological Excavation at the North Greenwood Cemetery, increasing the work order from $60,846 to $134,446 and authorize the appropriate officials to execute same (consent). SUMMARY: The North Greenwood Cemetery, an African American cemetery dating to the 1940s and 1950s, was once located in the vicinity of Harbor Drive and Holt Avenue. After community planning and discussion, the site was selected as a location to develop a school campus and recreation area. The cemetery underwent a relocation of the graves in 1954 and the cemetery property was transferred to Pinellas County Schools. The site was eventually developed as part of elementary and high school campuses and a recreation area with a pool. Over the years, the site was eventually expanded with additional school and community buildings and recreational fields were added. Over time the school and pool facilities aged and went into decline. The pool facility was closed and demolished between 2002 and 2004, the school facilities were closed a few years later. With the recent rediscovery of lost African American cemeteries throughout the region, local community leaders called for confirmation that all the burials were properly relocated in 1954. The City hired archeologists with EOR Cardno, Inc. to complete this evaluation. Cardno researched available historical records and completed two Ground Penetrating Radar (GPR) surveys of the site. The Engineering Department reviewed and recommended Cardno's scope. On January 23, 2020, the initial work order to Cardno was approved for Phase 1, GPR testing in the amount of $35,496 and on August 20, 2020, City Manager approved supplemental 1 work order for expanded GPR testing in the amount of $25,350 for a new total of $60,846. The previous investigation and GPR surveys identified areas of the former cemetery that may contain active burials and areas that show potentially disturbed soil from which graves have been removed. Cardno has recommended and prepared a work plan to complete archaeological excavation and ground truthing to confirm these findings. Supplemental 2 scope of work includes mobilization, delineation of possible grave shafts, archaeological excavation of identified shafts, laboratory analysis, GIS mapping, and report preparation for a new work order value of $134,446. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 12/17/2020 File Number: ID#20-8569 0107010-530100 $73,600 Funds are available in General Fund Non-Departmental cost code 0107010-530100, Professional Services, to fund this work order. Page 2 City of Clearwater Printed on 12/17/2020 Work Order Initiation Form Page 1 of 6 Revised: 5/13/2020 Cardno, Inc. WORK ORDER SUPPLEMENT 2 for the CITY OF CLEARWATER Date: Consultant Project Number: 11/23/2020 TBD City Project Number: 20-0030-EN City Plan Set Number: 1. PROJECT TITLE: Archaeological Excavation (Ground-Truthing) at North Greenwood Cemetery. 2. SCOPE OF SERVICES: Cardno will conduct proposed archaeological excavation following the research design stipulated in the final draft of the archaeological work plan, currently pending review and consultation with descendants, property owners, and other community stakeholders. The objective of the excavation stage is to verify GPR findings through physical confirmation of the presence or absence of extant burials or human remains within grave-shafts and areas of possible graves. Selected areas will be excavated only to the depth necessary to verify and document findings. Generally, this method will allow for the identification of extant human remains without unnecessary disturbance of those remains. Work is designed to delineate the edges of the cemetery, as they may exist within North Greenwood Cemetery, and confirm the physical presence and extent of intact coffins in areas where graves are suspected based on GPR results. Details of these findings regarding the extent and condition of the North Greenwood Cemetery will be included in the final report. Proposed work is separated into six tasks of work as outlined below. The proposal and project budget are subject to change based on the results of committee decisions in consultation with the community and requested project modifications. I. Mobilization II. Field Activities Task 2: Delineation Task 3: Ground-truthing (Excavation) Task 4: Laboratory/GIS Analysis III. Reporting Task 5: Final Report/Work Plan Task 6: Consultation (ongoing) All images will be using ArcGIS Desktop Version 10.8 convertible to CAD a needed Work Order Initiation Form Page 2 of 6 Revised: 5/13/2020 3. PROJECT GOALS: These excavations are intended to locate and map the physical extent of grave shafts, as they exist as rectangular discolorations in the soil, and to explore areas of disturbance from previous exhumation in 1954 or subsequent ground disturbing activities. Excavation with hand tools will be targeted in areas outlined in the final work plan, laid out as test units. These test units are designed to test for the presence of disturbed burials in the portions of North Greenwood Cemetery where graves are suspected to have been removed. Placement of other test units are designed to confirm that GPR anomalies represent intact coffins below ground. The test areas have been selected to avoid disturbance to other surrounding graves. Ground-truthing will also include the recordation of all finds, mortuary or otherwise with precise photographs, maps and infield models. Additionally, Cardno will utilize the services of USF (FPAN) staff under subcontract to provide a Public Archaeology component. The work product will consist of a final draft report of results within 60 days of completing laboratory/GIS analysis. The final report will include comprehensive analysis of delineation and excavation results, recommendations, and a cemetery management plan. Cardno will produce an electronic report document for submittal and hardcopies of the report will be provided upon request. The report will be suitable for submittal to local, state or Federal agencies as needed. 4. BUDGET: See attachment B. This price includes all labor and expenses anticipated to be incurred by Cardno, Inc. for the completion of these tasks in accordance with Professional Services Method “B” – Lump Sum – Percentage of Completion by Task, for a fee not to exceed Seventy-three thousand six hundred Dollars ($73,600.00). All permit application fees will be paid by the City. 5. SCHEDULE: With authorization to proceed from the City of Clearwater, Cardno will immediately notify DHR Florida Statute 872 Coordinator, stakeholders, and descendants. Cardno will then file the appropriate utilities locate tickets and after receiving clearance on utilities (approximately two weeks) will commence field work. Delineation is expected to take approximately 8 field days and hand excavation/mortuary artifact processing is estimated to take a team of six archaeologists approximately 8-10 field days. Combined delineation and site work is expected to be completed within two weeks total in the field. Following completion of field excavation, laboratory analysis of non-mortuary artifacts and GIS analysis will commence and be completed within 7-10 days. An excavation draft report will be submitted to the City of Clearwater 60 days after the completion of laboratory/GIS analysis. In light of recent global events and social distancing procedures, it is understood that delays in fieldwork and deliverable timeframes may arise. The project is to be completed 4 months (or 120 days) from issuance of notice-to-proceed. The project deliverables are to be phased as follows: Mobilization and Fieldwork 45 calendar days Laboratory/GIS Analysis 65 calendar days Work Order Initiation Form Page 3 of 6 Revised: 5/13/2020 Draft Report 110 calendar days Final Report/Presentations/Consultation 120 calendar days 6. STAFF ASSIGNMENT: Paul Jones, MA, RPA – Cardno – Principal-in-charge Erin McKendry, MA, RPA – Cardno – Project Manager James N. Ambrosino, PhD, RPA – Cardno – GIS/QA/QC Kelsey Kreiser, MA, RPA – Cardno – Project Archaeologist Rebecca O’Sullivan, MA, RPA – Cardno – Project Archaeologist Jessica Searles, BA, RA – Cardno – Field Technician Kacie Allen, BA – Cardno – Field Technician Kimberly Hinder, MA – Cardno – Historian Jeff Moates, MA, RPA – FPAN – Archaeologist/Public Archaeology 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Paul Jones and Erin McKendry All City project correspondence shall be directed to: Joseph DeCicco Work Order Initiation Form Page 4 of 6 Revised: 5/13/2020 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Att. Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 0107010-530100 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order, Project and Invoice Numbers and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period. D. Contract billing method – Lump Sum or Cost Times Multiplier. E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. PREPARED BY: APPROVED BY: Paul L. Jones Tara Kivett, P.E. Senior Principal City Engineer Cardno, Inc. City of Clearwater _11/23/2020 Date Date Work Order Initiation Form Page 5 of 6 Revised: 5/13/2020 ATTACHMENT “A” City of Clearwater Engineering Department WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT: The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES: The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address Tom.Mahony@myClearwater.com. All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Final Deliverables for this project consist of a Final Report/Work Plan and Cemetery Management recommendations. Work Order Initiation Form Page 6 of 6 Revised: 5/13/2020 ATTACHMENT “B” Archaeological Excavation (Ground-Truthing) at North Greenwood Cemetery. Cardno. Inc. WORK ORDER SUPPLEMENT 2 PROJECT BUDGET Task Description Sub consultant Services Labor Total Mobilization 1 MOBILIZATION $4,467.00 Mobilization Total: $4,467.00 Field Activities 2 Delineation $21,110.00 3 Excavation $26,339.00 4 Laboratory/GIS Analysis $8,304.00 Field Activities Total: $55,753.00 Reporting 5 Final Report $9,548.00 6 Consultation (ongoing) $3,832.00 Reporting Total: $13,380.00 Grand Total $73,600.00 United Kingdom • United States • Operations in 85 countries ATTACHMENT “C” Full Proposal Document Cardno, Inc. November 16, 2020 Mr. Joseph DeCicco Senior Environmental Specialist, City of Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756 Submitted via email to: Joseph.DeCicco@MyClearwater.com Subject: Proposal for Archaeological Excavation (Ground-Truthing) at North Greenwood Cemetery. Dear Joe: Cardno is pleased to provide the following scope of work for archaeological excavation (ground- truth), reporting and consultation/public meeting(s) for the North Greenwood Cemetery services for the above-referenced property. Background / Purpose: In August 2020, Cardno completed the second of two phases of Geophysical Surveys for the North Greenwood Cemetery. Cardno conducted the Phase 1 GPR survey between February 6 and 13, 2020. The Phase 2 GPR survey was conducted between August 25 and August 28, 2020. Both surveys took place at the project area located on the corner of Holt Avenue and Engman Street in Clearwater, Pinellas County, Florida. Cardno conducted the surveys to assess whether intact or disturbed graves from North Greenwood Cemetery may still remain beneath portions of the project area. Phase 1 GPR final draft report submitted on April 1, 2020 identified 54 grave-like anomalies within the project area. Based on the results of the initial GPR survey Cardno recommended expanded GPR survey at North Greenwood Cemetery to delineate the extant burials identified in the initial GPR survey and to verify the accuracy of the cemetery boundary in relation to actual cemetery land usage. In September 2020, a draft report for both phases of GPR survey was submitted to the City of Clearwater and included a detailed Archaeological Work Plan for a ground truth process based on the complete results of the Ground Penetrating Radar (GPR) surveys. The following proposal letter outlines the scope and archaeological excavation work plan for the North Greenwood Cemetery site. The proposal and project budget are subject to change based on the results of committee decisions in consultation with the community and any requested project modifications. Proposed Archaeological Excavation (Ground-Truthing) Cardno will conduct proposed archaeological excavation following the research design stipulated in the final draft of the archaeological work plan, currently pending review and consultation with descendants, property owners, and other community stakeholders. The objective of the excavation stage is to verify GPR findings through physical confirmation of the presence or absence of extant burials or human remains within grave-shafts and areas of possible graves. Selected areas will be excavated only to the depth necessary to verify and document findings. Generally, this method will allow for the identification of extant human remains without Cardno 3905 Crescent Park Drive Riverview, FL 33578 USA Phone +1 813 664 4500 Fax +1 813 664 0440 www.cardno.com Australia • Belgium • Canada • Colombia • Ecuador • Germany • Indonesia • Italy • Kenya • New Zealand • Papua New Guinea • Peru • Tanzania • United Arab Emirates • 2 City of Clearwater Proposal for Archaeological Excavation (Ground-Truthing) at North Greenwood Cemetery unnecessary disturbance of those remains. Work is designed to delineate the edges of the cemetery, as they may exist within North Greenwood Cemetery, and confirm the physical presence and extent of intact coffins in areas where graves are suspected based on GPR results. Details of these findings regarding the extent and condition of the North Greenwood Cemetery will be included in the final report. Proposed work is separated into six tasks of work as outlined below. The proposal and project budget are subject to change based on the results of committee decisions in consultation with the community and requested project modifications. Task 1 – Mobilization: Mobilization includes map preparation, any site visits and/or on site meetings before the start of field work. After the initial planning stage mobilization involves the marking of test areas at the North Greenwood Cemetery to guide mechanical excavation, and place standard test units. Site preparation will also include the installation of field lab, and screening stations. Task 2 – Delineation: Delineation will involve the opening of shallow stripping areas with hydraulic excavation equipment. These preliminary areas are targeted in four major areas within the North Greenwood Cemetery, as outlined in the archaeological work plan. These excavations are intended to locate and map the physical extent of grave shafts, as they exist as rectangular discolorations in the soil. Mechanical excavation is also proposed to explore areas of disturbance from previous exhumation in 1954 or subsequent ground disturbing activities. Target areas for delineation will be detailed in the final work plan. All delineation work will be monitored by a qualified professional archaeologists. Task 3 – Ground-truthing (Excavation): Excavation with hand tools will be targeted in areas outlined in the final work plan, laid out as test units. These test units are designed to test for the presence of disturbed burials in the portions of North Greenwood Cemetery where graves are suspected to have been removed. Placement of other test units are designed to confirm that GPR anomalies represent intact coffins below ground. The test areas have been selected to avoid disturbance to other surrounding graves. Ground-truthing will also include the recordation of all finds, mortuary or otherwise with precise photographs, maps and infield models. This task includes the screening of all excavated sediments and the backfilling of all excavations. No human remains will be removed during this process. Task 4 – Laboratory/GIS Analysis: No human remains will be removed or disturbed for analysis. Mortuary objects, including any other contents of graves or grave shafts, hardware or pieces of coffins, or other materials buried with the deceased, will be analyzed in the field and reburied in place at the end of excavation. Unless otherwise specified by stakeholders during consultation proceedings, non-mortuary artifacts such as historical objects related to the surrounding homes or neighborhoods are proposed to be analyzed and curated under controlled conditions at Cardno’s laboratory facilities following the completion of fieldwork. Copies of forms on acid-free paper, and copies of notes, maps, and photographs will be curated at Cardno. The GIS analysis included under this task will consist of generating all site reports, and modeling any coffins, or other mortuary contexts that are encountered in centimeter accurate spatial models. Task 5 – Final Report: In anticipation of future Federal or State requirements, the results of the delineation and ground-truthing will be presented in a technical report for submittal to the City of Clearwater, and the Florida State Historic Preservation Officer (SHPO) for review and comment. The report will be in compliance with the Florida Division of Historical Resources 1A-46 Archaeological and Historical Report Standards and Guidelines. As part of report preparation, Cardno will also conduct additional background research. The final report draft will be submitted to the City of Clearwater 60 days from the completion of field and lab analysis work. 3 City of Clearwater Proposal for Archaeological Excavation (Ground-Truthing) at North Greenwood Cemetery Task 6 – Consultation (ongoing): Cardno will prepare presentations, research, provide technical expertise and personnel support for consultation or other community scoping meetings. As part of this support, Cardno may coordinate and consult with relevant agencies, other scientific/technical experts, or other stake holders. Timeframe: Following the consultation and review period for the final work plan, and with authorization to proceed from the City of Clearwater, Cardno will be prepared to initiate the final scope of work. Cardno will file the appropriate utilities locate tickets and after receiving clearance (approximately two weeks) will commence field work. Delineation is expected to take approximately 8 field days and hand excavation/mortuary artifact processing is estimated to take a team of six archaeologists approximately 8-10 field days. Combined delineation and site work is expected to be completed within two weeks total in the field. Following completion of field excavation, laboratory analysis of non-mortuary artifacts and GIS analysis will commence and be completed within 7-10 days. An excavation draft report will be submitted to the City of Clearwater 60 days after the completion of laboratory/GIS analysis. All stipulations in this proposal are subject to change based on the results of the items previously cited. Compensation Schedule: Task 1: Mobilization $ 4,467 Task 2: Delineation $ 21,110 Task 3: Ground-truthing (Excavation) $ 26,339 Task 4: Laboratory/GIS Analysis $ 8,304 Task 5: Final Report $ 9,548 Task 6: Consultation $ 3,832 Total (lump sum) $ 73,600 4 City of Clearwater Proposal for Archaeological Excavation (Ground-Truthing) at North Greenwood Cemetery Assumptions: 1. Cardno continues to recommend that the above scope of work will not commence until community members and stakeholders have been consulted, ideally in a group or virtual group setting. After review of GPR findings and recommendations, a final work plan can be created through consultation to guide this work. 2. Excavation will be able to be safely left over night. Any security measures necessary for this assumption, such as the posting of a guard are not included in this scope of services. 3. Fencing around the perimeter of the site that may be required to protect the City of Clearwater and stakeholders from trespassers associated with active archaeological excavations are not included in this scope. 4. Cardno will have access to water for sediment screening and preliminary artifact analysis and lavatory facilities for field crew at North Greenwood Cemetery. Alternative arrangements are not included in this scope. 5. A skid-steer used for rough grading and smoothing of infilled operations on the final day of fieldwork is included in this scope. Additional ground surface restoration is not included in this scope. 6. Cardno will have full access to the site for the duration of the estimated field work time. 7. The discovery of major archaeological features not related to North Greenwood Cemetery, such as structural remains or significant prehistoric deposits will be treated under a separate scope of work. Sincerely, Paul L. Jones, RPA Senior Principal Technicial Director - Archaeology CARDNO Email paul.l.jones@cardno.com Miles Ballogg Senior Principal – Brownfields Practice Group Leader - Director CARDNO Email: miles.ballogg@cardno.com 1001 1101 1235 1051 1250 1201 1000 N BETTY LN HOLT AVE PALMETTO ST FAIRBURN AVE RUSSELL ST DOUGLAS AVE ENGMAN ST N MISSOURI AVE CEDAR ST LA SALLE ST OTIS C.GREEN DR OVERLEA ST TANGERINE ST HARBOR DR PALM BLUFF S T ENGMAN ST AERIAL MAP Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Archaeological Excavation North Greenwood Cemetery.mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale: Archaeological Excavationat the North Greenwood Cemetery Page: 1 of 111/25/2020Date:269BGrid #:10-29s-15eS-T-R:CRMMap Gen By:JDReviewed By: Legend Estimated Cemetery Boundary Parcel Boundary Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8559 Agenda Date: 12/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Approve the final plat for the Clearwater Gas Complex, physically located at 777 Maple Street, located on the Southwest corner of Myrtle Avenue and Maple Street. (consent) SUMMARY: This plat will create two lots from multiple parcels. It is technically a replat of two older subdivisions plated in the 1920’s. The project site consists of 7.84 acres M.O.L. This plat was approved through the Development Review Committee on September 15th, 2020. Page 1 City of Clearwater Printed on 12/17/2020 DREW ST JONES ST VINE AVE SEMINOLE ST N MYRTLE AVE CLEVELAND ST ELDRIDGE ST N GARDEN AVE LAURA ST PARK ST N FORT HARRISON AVE N OSCEOLA AVE HART ST N MARTIN LUTHER KING, JR. AVE GROVE ST PLAZA ST PENNSYLVANIA AVE N EAST AVEBOOTH AVE SPRUCE AVE NICHOLSON ST LEE ST WATTERSON AVE MAPLE ST BLANCHE B LITTLEJOHN TRL PADUA LN KNIGHTS ALYGEORGIA ST NICHOLSON ST N OSCEOLA AVE PARK ST LOCATION MAP Plat Location ^ Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Clw Gas Complex - Re-Plat.mxd 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 Clearwater Gas Complex Re-Plat Page 1 of 1Date:11/17/2020CRMMap Gen By:09-29s-15eS-T-R:TMReviewed By:277BGrid #: DESCRIPTION:’’’’” ’CERTIFICATE OF APPROVAL BY THE CITY OFCLEARWATER:CERTIFICATE OF APPROVAL OF COUNTY CLERK:CERTIFICATE OF APPROVAL OF THE CITY SURVEYOR:SURVEYOR'S CERTIFICATE:SURVEYOR NOTES:565 SOUTH HERCULES AVENUECLEARWATER, FL 33764ph 727.822.4151 fax 727.821.7255WWW.DEUELENGINEERING.COMCERTIFICATE OF AUTHORIZATION NUMBER 26320LICENSED BUSINESS NUMBER 107D euel ssociatesACONSULTING ENGINEERSLAND SURVEYORS LAND PLANNERS&ACKNOWLEDGMENT:CLEARWATER GAS COMPLEXDEDICATION:VICINITY MAP JONES STREETHART STREETJONES STREETBLANCHE B. LITTLEJOHN TRAILLOT 1DEED STATES ALL OFBLOCK 10, PB H1, PG 13AND DOES NOTREFERENCE THEALLEYDREW STREET 565 SOUTH HERCULES AVENUECLEARWATER, FL 33764ph 727.822.4151 fax 727.821.7255WWW.DEUELENGINEERING.COMCERTIFICATE OF AUTHORIZATION NUMBER 26320LICENSED BUSINESS NUMBER 107D euel ssociatesACONSULTING ENGINEERSLAND SURVEYORS LAND PLANNERS&CLEARWATER GAS COMPLEXMATCH LINEBEARING BASIS:NOTICE:LOT 1LOT 2LOT 1SHEET 3SHEET 2SURVEYOR NOTES: RA I L R O A D MYRTLE AVENUE - STATE ROAD 697HART STREETBLANCHE B. LITTLEJOHN TRAIL M A I N LI N E LOT 1LOT 2565 SOUTH HERCULES AVENUECLEARWATER, FL 33764ph 727.822.4151 fax 727.821.7255WWW.DEUELENGINEERING.COMCERTIFICATE OF AUTHORIZATION NUMBER 26320LICENSED BUSINESS NUMBER 107D euel ssociatesACONSULTING ENGINEERSLAND SURVEYORS LAND PLANNERS&CLEARWATER GAS COMPLEXMATCH LINEBEARING BASIS:NOTICE:LOT 1LOT 2LOT 1SHEET 3SHEET 2 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8547 Agenda Date: 12/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.14 SUBJECT/RECOMMENDATION: Ratify and confirm Supplemental 3 Work Order to Engineer of Record AECOM, of Tampa, Florida, for the Sunset Point Road at Betty Lane Utility Relocation Project (17-0012-UT) in the amount of $32,612, increasing the work order from $85,828 to $118,440 and authorize the appropriate officials to execute same. (consent) SUMMARY: October 13, 2017, a $31,419 work order was approved to AECOM for design, permitting, and bidding services related to relocating city utilities to accommodate Pinellas County proposed stormwater and roadway improvements along Sunset Point Road from Douglas Avenue to Kings Highway. Construction began in early 2019 and is anticipated to be complete by the end of February 2021. January 29, 2018, Supplemental 1 Work Order to AECOM was approved for engineering services during construction for $50,990, increasing the work order from $31,419 to $82,409. September 4, 2020, City Manager approved Supplemental 2 Work Order to AECOM for record drawing production services related to the original construction scope for $3,419, increasing the work order from $82,409 to $85,828. During construction, unforeseen conflicts between the City’s 16-inch water main and the County’s proposed stormwater improvements were identified. In addition, some sections of the water main were found to have insufficient cover and required relocation and/or concrete encasement. Supplemental 3 Work Order is for the additional design, permitting, engineering support and construction inspection services associated with the unforeseen conflicts. APPROPRIATION CODE AND AMOUNT: 3277327-561300-96722 $32,612 Funds are available in Utility Renewal and Replacement project 96722, Line Relocation R&R, to fund this work order. Page 1 City of Clearwater Printed on 12/17/2020 WORK ORDER INITIATION FORM 1 of 9 Revised: 01/19/2018 SUPPLEMENT #3 WORK ORDER for the CITY OF CLEARWATER Date: June 4, 2020 Consultant Project Number: 60555606 City Project Number: 17-0012-UT 1.PROJECT TITLE: Sunset Point at Betty Lane Utility Relocation Pinellas County JPA (Project # 17-0012-UT) 2.SCOPE OF SERVICES: This Work Order is a third supplement to the original Work Order (WO) for the Sunset Point at Betty Lane Utility Relocation Project dated October 13, 2017. This supplemental WO provides for the design and environmental resource permitting of an additional section of 18-inch HDPE water main (WM) installed via horizontal directional drill (HDD) under the Spring Branch Creek bed and the connections to the existing 16” WM on each side of the creek. The WO also provides for additional limited engineering services during construction and Resident Project Representative (RPR) services. Task 4.0 CONSTRUCTION PHASE Task 4.1 Additional 16-Inch WM Design AECOM will provide revised plan and profile sheets for the design of the relocation of the 16- inch water main between approximately Sta. 134+90 and Sta. 137+40 including crossing of Spring Branch Creek via HDD. Existing roadway plans will be used as base sheets. No survey or geotechnical services are included in this WO. The WO includes addressing one round of comments from the CITY and COUNTY and providing comments on the CONTRACTOR’s estimate. Task 4.2 Environmental Resource Permit (ERP) Permitting AECOM will prepare permit applications for crossing the creek with the 18” HDPE water main via HDD and update the CITY to confirm that all technical and regulatory questions are addressed in a timely manner. Permits anticipated for the proposed HDD creek crossing consist of the following: WORK ORDER INITIATION FORM 2 of 9 Revised: 01/19/2018 • U.S. Army Corp of Engineers (USACE) NationWide Permit 12; • FDEP General Permit for the Installation, Maintenance, Repair, and Removal of Utility Lines (62-330.453). The work tasks associated with the permitting for this project include the following: 4.2.1 Field Review and Habitat/Listed Species Review/Safe Work Plan AECOM will review existing habitats and land uses located within and immediately adjacent to the project area, with special attention paid to the HDD entrance and exit pit locations ( if needed). Wetland lines will be flagged and flag locations will be collected using hand-held GPS units. These wetland points will be shown on the plans provided to the Agencies for permitting. Natural upland and wetland communities will be reviewed in order to determine their condition and dominant vegetation. AECOM will review the project area for the potential presence or use of the project areas by state and federally-listed species. This qualitative assessment will be completed by reviewing available site-specific literature, conducting pedestrian transects of the project site, and noting any observations of wildlife, evidence of wildlife utilization, and the presence of suitable habitat for listed species. Information collected as part of this task will be included within the State Application for Environmental Resource Permit and USACE Federal Dredge and Fill Permit applications as discussed under Task 2.4b below. As part of this task, AECOM will prepare a site-specific safe work plan for the field. This task does not include seasonal assessments of the project area for specific flowering plant species or seasonal animal species, nor does it include such sampling methods as field traps, drift nets, etc. for the collection of mammals, birds, reptiles, amphibians, or invertebrates. 4.2.2 Two Separate Permit Applications – FDEP General Permit Application (ERP) and USACE Nation Wide Permit 12 AECOM will develop written texts, graphics, drawings, etc. necessary for inclusion within the two separate permit applications. The information to be contained within these applications will include: • Completed copies of the appropriate permit application forms; • Tables showing the types and acreage of wetlands and other surface waters found within the project area and the acreage of each wetland and surface water type proposed for impact by the project; • A figure and listing of property owners located adjacent to the proposed projects; • The project design, including construction plans and sediment/erosion control plan; and • 8.5-inch X 11-inch permit drawings showing the proposed project and wetland impact areas. WORK ORDER INITIATION FORM 3 of 9 Revised: 01/19/2018 The applicable application processing fees to FDEP will be paid by AECOM and reimbursed by the CITY. A processing fee is not required by the USACE. AECOM will also respond to one request for additional information from each agency (USACE and FDEP) as part of this task. 4.2.3 Pre-Application/Permit Coordination - Environmental Resource Permit and Federal Dredge and Fill Permit AECOM will coordinate all application submittals with the CITY by providing draft copies of all deliverables for their review prior to submittal of final documents to the regulatory agencies. AECOM will coordinate with the regulatory agencies as part of this task. Items NOT Included in this scope: The following services are NOT included in this scope and, based on prior experience with similar projects, it is anticipated at this point that they will not be needed for the project: • Formal wetland boundaries determinations and/or survey; • Formal or informal Section 7 consultations with the U.S. Fish and Wildlife Service; • U.S. Fish and Wildlife Service or Florida Fish and Wildlife Conservation Commission incidental take permits or relocation permits for any listed species; • Development of any wetland mitigation plans or payment of mitigation credits; • Attendance at any public meetings, workshops, or hearings associated with the issuance of any permits, approvals, or authorizations; • Any construction engineering inspection (CEI) activities; • Benthic resource surveys along the HDD location (Should a benthic resource survey be required by the permitting agencies, AECOM will provide an additional scope of services and cost estimate to the CITY to conduct the survey); • Any permits, requirements, or fees associated with Pinellas County permitting; and • Application, fees and completion of survey and preparation of legal descriptions associated with the Public Easement (if required). Task 4.3 Limited Engineering Services during Construction 4.3.1 Review and Approval of Shop Drawings No review of additional shop drawings is included in this WO. 4.3.2 Progress Meetings AECOM will attend up to four (4) progress meetings during construction. The purpose of AECOM attendance is to answer technical questions with respect to the design. WORK ORDER INITIATION FORM 4 of 9 Revised: 01/19/2018 4.3.3 Response to Requests for Information (RFIs) During construction AECOM will review and respond to up to three (3) CONTRACTOR or CITY generated RFIs. All responses with be in writing and will be submitted to the CITY for its transmittal to the CONTRACTOR. 4.3.4 Final Inspection AECOM will attend the final inspection for the project and generate a punch list. 4.3.5 Permits Close Out Using the certified as-built drawings prepared by the Contractor, AECOM will prepare record drawings and submit to FDEP, the “Certification of Construction Completion and Request for Clearance to Place Permitted PWS Components into Operation” final clearance application. 4.3.6 Project Catalog (Previously Identified as Project Dossier) Due to the unforeseen conflicts identified during construction and the subsequent need for additional engineering services, after final completion of construction, AECOM with the help of the CITY, will include the additional documents related to the change in construction scope to the Project Catalog for the Construction Phase of the project. Task 5.0 RPR On-Site Services AECOM will provide a part time (10 hours per week) staff RPR for 12 weeks (120 hours) during the construction of the project. The staff RPR will provide on-site observation services to confirm that the CONTRACTOR is constructing the projects in conformance to the Contract Documents. The RPR will maintain a daily log documenting CONTRACTOR activities and progress on the project. The RPR may also attend monthly progress meetings as required. 3. PROJECT GOALS: The project goals are to relocate portions of the existing CITY potable water mains that are in conflict with proposed drainage modifications in the COUNTY project area and to provide the CITY with the completed Project Catalog at the conclusion of the project. 4. BUDGET: See attachment B. This price includes all labor and expenses anticipated to be incurred by AECOM for the completion of these tasks in accordance with Professional Services Method “A” – Cost Times Multiplier Basis, for a fee not to exceed Thirty Two Thousand, Six Hundred and Twelve Dollars ($32,612). WORK ORDER INITIATION FORM 5 of 9 Revised: 01/19/2018 5. SCHEDULE: The project schedule will be dictated by the COUNTY roadway Contractor. At this time, it is estimated that the CITY portion of the project will be completed by end of April 2020. 6. CITY AND CONSULTANT STAFF ASSIGNMENT: The City’s staff assignments to this project include: Duy Nguyen Project Manager Jeremy J. Brown, PE Utilities Engineering Manager Ike George Public Utilities Site Representative (Supervisor – Water Distribution) William Anderson Public Utilities Liaison (Assistant Manager – Water Distribution) Glenn Daniel Public Utilities Manager (Water, Reclaim & Wastewater Collection) Richard G. Gardner, PE Public Utilities Assistant Director The AECOM’s staff assignments to this project include: David Wilcox, P.E.: Officer-in-Charge Bozhidar V. Handjiev, P.E.: Project Manager James Scheuerman: Senior Designer Maria Cipriano: Admin Assistant 7. CORRESPONDENCE/REPORTING/COMMUNICATIONS PROCEDURES: ENGINEER’s project correspondence shall be directed to: Bozhidar V. Handjiev, P.E. (Consultant Project Manager), with copies to David Wilcox, P.E. (Consultant Account Manager). All City project correspondence shall be directed to the City Project Manager, with copies to the Utilities Engineering Manager, and Public Utilities Assistant Director. All City directives must come from the Project Manager. The City requires 48 hours’ notice prior to conducting fieldwork/site visits. If assistance from City employees is needed, the City requires 7 days’ notice. All fieldwork/site visit requests must be approved by the Project Manager. WORK ORDER INITIATION FORM 6 of 9 Revised: 01/19/2018 A health and safety plan must be submitted to the Project Manager prior to conducting any fieldwork/site visits. In addition to the original copies delivered as stated in the scope of work, all project deliverables will be submitted in electronic format on CD or other City approved device prior to approval of final invoice. 8.INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Attn.: Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748 City Invoice Code: Water: 3277327-561300-96722 9.INVOICING PROCEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A.Project Number, Purchase Order Number, Invoice Number, and Contract Amount. B.The time period (begin and end date) covered by the invoice. C.A descriptive summary of activities completed in the time period D.Contract billing method – Lump Sum or Cost Times Multiplier E.If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F.If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G.If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10.SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. PREPARED BY: APPROVED BY: ________________________ ________________________ David Wilcox, PE Tara Kivett, PE Officer-in-Charge City Engineer AECOM City of Clearwater WORK ORDER INITIATION FORM 7 of 9 Revised: 01/19/2018 ___________________ ___________________ Date Date Attachment “A” WORK ORDER INITIATION FORM 8 of 9 Revised: 01/19/2018 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address Tom.Mahony@myClearwater.com. All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “B” WORK ORDER INITIATION FORM 9 of 9 Revised: 01/19/2018 Sunset Point at Betty Lane Utility Relocation Pinellas County JPA AECOM City Project Number 17-0012-UT SUPPLEMENT #3 WORK ORDER PROJECT BUDGET Task Description Subconsultant Services Labor Total 4.0 Services During Construction 4.1 Additional 16-Inch WM Design $5,477 $5,477 4.2 ERP Permitting $5,390 $5,390 4.3 Limited Engineering Services during Construction $6,961 $6,961 5.0 RPR On-Site Services $14,784 $14,784 Grand Total $32,612 MACOMBER AVE MACOMBER AVE CHENANGO AVE CHENANGO AVE COLES RD COLES RD PINELAND DR PINELAND DR SYLVAN DR SYLVAN DR DOUGLAS AVE DOUGLAS AVE N BETTY LN N BETTY LN KINGS HWYKINGS HWYSUNSET POINT RDSUNSET POINT RD LOCATION MAP CRM DN NA NA 08/21/2020Map Gen By:Reviewed By: S-T-R:Grid #: Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com 17-0012-UTSunset Point at Betty Lane Utility Relocation JPA ² N.T.S.Scale: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8531 Agenda Date: 12/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 7.15 SUBJECT/RECOMMENDATION: Approve a Maintenance Memorandum of Agreement (MOA) with the State of Florida Department of Transportation for the maintenance of the aesthetic features and components related to the City of Clearwater identification signage and associated lighting on the pedestrian bridge crossing US 19 at Harn Boulevard and authorize the appropriate officials to execute same. (consent) SUMMARY: Florida Department of Transportation (FDOT) will be constructing a new pedestrian bridge across US 19 just north of Harn Boulevard. FDOT has budgeted $5.2 million for construction and anticipates letting the project in January 2021, with construction to start approximately three to six months after that. Construction is anticipated to take 1.5 years. As a southern gateway into the city, this pedestrian bridge offers an opportunity to incorporate city branding and wayfinding, and to increase public recognition and community pride in the city. The city requested that a city identification sign be affixed to the pedestrian guardrail on the south facing side of the new overpass when constructed. An initial Community Aesthetic Features Agreement (CAFA) for this signage was approved by City Council on July 18, 2019 (Resolution No. 19-11). A maintenance agreement for the signage, associated lighting and fencing in support of the signage must be approved separately. This MOA requires that the City provide maintenance activities related to the signage, including maintaining the signage, LED lighting, and fencing in direct support of the signage. Additionally, the city agrees to sweep and remove litter on the bridge as needed. The MOA establishes that FDOT will maintain the custom paint and coatings on railings, bridge structures and all components on the pedestrian bridge, and will remove any graffiti and repair fencing not associated with the sign. This item supports the City's Strategic Vision by providing quality maintenance of public rights-of-ways, while the additional signage further develops and promotes the city’s brand. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 12/17/2020 MOA # 06-2020 Page 1 of 3 Maintenance Memorandum of Agreement (Pedestrian Bridge -Overpass) City of Clearwater, a municipal corporation of the State of Florida And Florida Department of Transportation CITY OF CLEARWATER, a municipal corporation of the State of Florida, (“CITY”), and the FLORIDA DEPARTMENT OF TRANSPORTATION (“DEPARTMENT”), enter into this Maintenance Memorandum of Agreement on this ___ day of ___________, 2020. 1. The CITY acknowledges that the DEPARTMENT will require the CITY to maintain the aesthetic features of the Pedestrian Bridge Project, as depicted in the construction plans and Specifications of F.P.I.D. # 256881-5-52-01 attached as Exhibit “A”, in perpetuity, according to the DEPARTMENT standards, which include, but are not limited to, the Americans with Disabilities Act, Standard Plans, and the Standard Specifications, and as amended from time to time. The DEPARTMENT agrees that the CITY be responsible for the maintenance requirements of this Agreement. 2. The CITY’S maintenance activities shall include, but not be limited to: fencing in direct support of the signage, the Clearwater Bright and Beautiful – Bay to Beach Sign and associated Holophane Sign-Vue LED lighting, and any other aesthetic features and components of the Pedestrian Bridge. The CITY shall sweep and remove litter, as needed, within the Project limits which is defined in the Construction Plans. 3. The DEPARTMENT shall maintain custom paint and coatings on railings, bridge structures and all components on the Pedestrian Bridge. Repairs to any features shall be in kind and to DEPARTMENT standards. The CITY shall maintain aesthetics and repair any cosmetic damage to the Pedestrian Bridge at its sole cost and expense as it relates to the aesthetic feature and lighting, in a good and workmanlike manner, and with reasonable care. 4. The DEPARTMENT shall inspect and repair structural damage to the entire bridge structure over US 19 within the Pedestrian Bridge Project within the Departments right of way according to the DEPARTMENT Standards. 5. The DEPARTMENT shall remove any graffiti and repair fencing not associated with the Clearwater Bright and Beautiful lighted sign. 6. The CITY shall pay utility bills for lighting if they are associated with the Pedestrian Bridge. MOA # 06-2020 Page 2 of 3 7. The CITY shall conduct a routine inspection of the Pedestrian Bridge to ensure that all safety deficiencies are addressed, as it relates to the aesthetic feature and lighting. 8. If at any time the CITY has not performed the maintenance responsibility on the pedestrian bridge project in accordance with this Agreement, the DEPARTMENT shall have the option of (a) notifying the CITY of the deficiency with a requirement that it be corrected within a specified time; or (b) the DEPARTMENT may perform the necessary maintenance at the CITY’S sole cost and expense, and send an invoice to the CITY, equal to the cost incurred by the DEPARTMENT for such maintenance. Any action taken by the DEPARTMENT does not relieve any obligation of the CITY under the terms and conditions of this Agreement. Failure to perform maintenance of the Pedestrian Bridge Project in accordance with this Agreement may impact DEPARTMENT funding participation in future CITY projects. MOA # 06-2020 Page 3 of 3 WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF CLEARWATER, FLORIDA STATE OF FLORIDA a Municipal Corporation DEPARTMENT OF of the State of Florida TRANSPORTATION By: __________________________ By:____________________________ Name: William B. Horne II Name: _Francis Lewis, P.E. Title: City Manager, City of Clearwater Director of Transportation Operations, Date: _________________________ District Seven Date: __________________________ Attest: ________________________ Attest: __________________________ Executive Secretary (SEAL) Title: ________________________ Date: ____________________________ (SEAL) Legal Review: ______________________________ ________________________________ ______________________________ Office of General Council, District 7 Date: ____________________ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8576 Agenda Date: 12/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.16 SUBJECT/RECOMMENDATION: Authorize equipment leases with Hewlett-Packard Company, of Murray Hill, NJ, for desktop, laptop, and tablet computers, for the term of January 1, 2021 through July 31, 2021, in an amount not to exceed $280,000 in accordance with City Code of Ordinances Section 2.564 (1) (d) Other Governmental Entities Bids, and authorize the appropriate officials to execute same . (consent) SUMMARY: The City has leased computers for over fifteen years. The benefits of leasing include operational savings for asset acquisition, maintenance, improved efficiency in user support and asset management, improved security for City systems and network, and improved performance for system users. There are approximately 1,300 desktops and 750 laptop/tablet computers within the City. The City’s computers are upgraded on a three-year cycle, changing out approximately 1/3 of the equipment annually. Each lease agreement is for a three-year term and covers one-third of all equipment. For the seven-month term starting January 1, 2021 through July 31, 2021 approximately 210 computers will be upgraded/replaced within three separate lease orders. All lease terms and conditions are established in State of Florida Contract No . 43211500-WSCA-15-ACS. This contract expires on July 31, 2021; a new leasing contract vehicle is expected to be generated by National Association of State Procurement Officials (NASPO), with the State of Florida as a participant, within the first half of the 2021 calendar year. The Contract is available to piggyback in accordance with City Code of Ordinances Section 2.564 (1)(d) Other Governmental Entities. Shipping costs are included in the contract as well as end-of-life disposition of the equipment. The State Contract includes a value-added enhancement - the Self-Maintainer Program - which enables city staff to be trained at no additional costs. Trained staff functions as Hewlett-Packard certified technicians to expedite diagnostic and resolution actions. Hewlett- Packard tracks and reimburses for these services for every 15 minutes of work performed. Quarterly payments are budgeted in the Information Technology annual operating budget . Costs are prorated to all departments based upon their respective computer counts through the Administrative Services fund chargeback for Information Technology services. Page 1 City of Clearwater Printed on 12/17/2020 File Number: ID#20-8576 APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 5559862-544500, Computer Equipment Rental, to fund this contract. Page 2 City of Clearwater Printed on 12/17/2020 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-115 Hewlett-Packard Company And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 1 of 9 1. Scope: The State of Minnesota, Department of Administration, Materials Management Division publicly conducted a Request for Proposal on behalf of the State of Minnesota and the National Association of State Procurement Officials Cooperative Procurement Program (NASPO ValuePoint) resulting in Master Agreement number MNWNC-115. The Master Agreement led by the State of Minnesota along with a multi-state sourcing team, was created for use by state agencies and other entities that are authorized by that state’s statutes to utilize cooperative agreements, upon written approval of the State’s chief procurement official. The Master Agreement for computer equipment (desktops, laptops, tablets, servers, and storage, and ruggedized devices, including related peripherals & services) identifies the product bands awarded to the Contractor. The configuration limits within the Master Agreement are changed as follows: Peripherals configuration limit is increased to $30,000.00. This Participating Addendum (Addendum) is made and entered into as of the Effective Date by and between the State of Florida (Participating State) and Hewlett-Packard Company (Contractor). This Addendum allows for purchase of computer equipment from the Master Agreement. This Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State’s contractual relationship with the Contractor under the terms of the Master Agreement. 2. Participation: Use of specific NASPO ValuePoint cooperative agreements by eligible users authorized by a Participating State’s statutes are subject to the prior approval of the respective State Chief Procurement Officer. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Officer. 3. Order of Precedence: In the event of a conflict, the following documents shall have priority in the order set forth below: a. This Participating Addendum; b. Exhibit 2, PUR 1000; c. Exhibit 1, Minnesota NASPO ValuePoint Master Agreement No. MNWNC-115 (includes negotiated Terms and Conditions); d. The Solicitation including all Addenda; e. Contractor's response to the Solicitation. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to the Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contractor’s response to the Solicitation, or terms listed or referenced on the Contractor's website, in the Contractor PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-115 Hewlett-Packard Company And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 2 of 9 quotation/sales order or in similar documents subsequently provided by the Contractor. The solicitation language prevails unless a mutually agreed exception has been negotiated. 4. Participating State Modifications or Additions to Master Agreement: A. Upon execution of this Addendum, all eligible users may purchase products and services under contract using the Florida alternate contract source number 43211500-WSCA-15-ACS. Eligible users acknowledge and agree to be bound by the terms and conditions of the Master Agreement except as otherwise specified in this Addendum. 1. The following are modifications to the Master Agreement: a. PUR 1000 Form:, General Contract Conditions, is attached hereto and incorporated herein as Exhibit 2. b. Discriminatory Vendors. A vendor placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with any public entity; or transact business with any public entity. c. Effective Date: This Addendum shall become effective as of the first business day of the month following the full execution of this Participating Addendum below or July 1, 2015, whichever is later, and is coterminous with the Master Agreement, unless terminated earlier by the Participating State. To the extent applicable, this Addendum will replace and supersede the existing Participating Addendum Number 250-WSCA-10-ACS between Contractor and Participating State under the WSCA Master Price Agreement Number B27164. d. Vendor Registration and Transaction Fees: In order to complete any transaction between an eligible user and the Contractor, the Contractor must be registered with the Department of State, Division of Corporations (www.sunbiz.org) and in MyFloridaMarketPlace. Section 287.042(1)(h), Florida Statutes, and Rule 60A-1.031, Florida Administrative Code, is hereby incorporated by reference. All transactions are subject to a one percent (1%) transaction fee pursuant to the rule. e. Purchases: In order to procure products and services hereunder, eligible users shall issue purchase orders or use a purchasing card which shall reference Florida alternate contract source number 43211500-WSCA-15-ACS. Eligible users are responsible for reviewing the terms and conditions of this Addendum including all Exhibits. f. Compliance with Laws: The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, State, and local agencies having jurisdiction and authority. By way of non- PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-115 Hewlett-Packard Company And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 3 of 9 exhaustive example, Chapter 287 of the Florida Statutes and Rule 60A-1 of the Florida Administrative Code govern this Addendum. By way of further non-exhaustive example, the Contractor shall comply with section 274A of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of any laws, rules, codes, ordinances, or licensing requirements shall be grounds for termination or nonrenewal of this Addendum. g. Additional Eligible User Terms: If any additional ordinance, rule, or other local governmental authority requires additional contract language before an eligible user can make a purchase under this Addendum, the eligible user is responsible for entering a separate agreement with the Contractor and capturing that additional contract language therein. h. Provisions of section 287.058, Florida Statutes: The provisions of section 287.058(1)(a)-(c) and (g), Florida Statutes, are hereby incorporated by reference. i. Public Records: The Contractor shall allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with this Addendum, unless the records are exempt from section 24(a) of Article I of the State Constitution or subsection 119.07(1), Florida Statutes. The Participating State may unilaterally terminate this Addendum if the Contractor refuses to allow public access as required in this section. If, under this Addendum, the Contractor is providing services and is acting on behalf of the public agency as provided under subsection 119.011(2), Florida Statutes, the Contractor must: (1) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Contractor upon termination of this Addendum and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to public agency in a format that is compatible with the information technology systems of the public agency. j. The State of Florida’s performance and obligation to pay under this Addendum is contingent upon an annual appropriation by the Legislature. The vendor shall comply with section PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-115 Hewlett-Packard Company And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 4 of 9 11.062, Florida Statutes and section 216.347, Florida Statutes, prohibiting use of funds to lobby the Legislature, Judicial, or state agencies. B. Contract Document: This Addendum and its Exhibits as included in paragraph 3 set forth the entire agreement between the parties with respect to the subject matter of the contract. C. Intellectual Property: The parties do not anticipate that any intellectual property will be developed as a result of this Addendum. However, any intellectual property developed as a result of this Addendum will belong to and be the sole property of the Customer, except Contractor retains ownership of all its pre-existing intellectual property. This provision will survive the termination or expiration of the contract. D. Employment Eligibility Verification: Pursuant to State of Florida Executive Orders Nos.: 11-02 and 11- 116, Contractor is required to utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment of all new employees hired by the Contractor during the contract term. Also, Contractor shall require resellers/partners performing work or providing services under this Addendum to utilize the E-Verify system to verify employment of all new employees hired by the reseller/partner during the Addendum term. E. Price List/Preferred Price: The Contractor’s price list will be the same as the WSCA-NASPO price list, and the Department will post a link on the Department’s website to the price list posted on the WSCA-NASPO website. Contractors are encouraged to provide special pricing and/or tiered discount rates applicable to State of Florida Eligible Users wherever possible. Paragraph 4(b) of the PUR1000 is not applicable. F. Scrutinized Company List: In executing this Addendum, Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes. Pursuant to subsection 287.135(5), Florida Statutes, Contractor agrees the Participating State may immediately terminate this Addendum for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the Addendum. G. Orders: Any Order placed by eligible users for a product and/or service available from the Master Agreement shall be deemed to be a sale under and governed by the prices and other terms and conditions of the Master Agreement and this Addendum, unless the parties to the Order agree in writing that another contract or agreement applies to such Order. PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-115 Hewlett-Packard Company And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 5 of 9 1. The Contractor agrees to meet the following requirements: a. Provide appropriate contact information for eligible users to use for product and/or service inquiries and purchases, as well as, the most up-to-date product/service offering the Contractor is authorized to provide in accordance with the Master Agreement; and b. If orders are to be sent to resellers/partners for fulfillment then the Contractor is responsible for providing and updating this list of authorized resellers/partners for use to the Participating State/Entity. 2. Contractor must be able to accept purchase orders via fax, e-mail, or cXML as identified in H.1 below. H. Electronic Invoicing: The Contractor may supply electronic invoices in lieu of paper-based invoices for those transactions processed through the MyFloridaMarketPlace (MFMP). Electronic invoices may be submitted to the agency through the Ariba Network (AN) in one of three mechanisms as listed below: 1. cXML (commerce eXtensible Markup Language) This standard establishes the data contents required for invoicing via cXML within the context of an electronic environment. This transaction set can be used for invoicing via the AN for catalog and non-catalog goods and services. The cXML format is the Ariba preferred method for e- Invoicing. 2. EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the AN for catalog and non-catalog goods and services. 3. PO Flip via AN The online process allows Contractors to submit invoices via the AN for catalog and non-catalog goods and services. Contractors have the ability to create an invoice directly from their Inbox in their AN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. For the purposes of this section, the Contractor represents that it is authorized and empowered to and hereby grants the State and the third party provider of MFMP, a state contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor represents that it is authorized and empowered to and hereby grants the State and the third party provider the right and license to PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-115 Hewlett-Packard Company And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 6 of 9 reproduce and display within the system the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the contract. The Contractor will work with the MFMP management team to obtain specific requirements for the electronic invoicing if needed. I. Contract Quarterly Reports: The Contractor shall submit a Quarterly Report in the required format electronically to the Participating State/Entity by the last day of the month following calendar quarter end. The Participating State/Entity reserves the right to require the Contractor to provide additional reports within 30 days written notice. Failure to provide the Quarterly Report or other reports requested by the Participating State/Entity may result in the Contractor being found in default under the default proceeding. J. Business Review Meetings: The Participating State/Entity reserves the right to schedule business review meetings as frequently as necessary. The Participating State/Entity will provide the format for the Contractor's agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Participating State/Entity for review and acceptance. The Contractor shall address the agenda items and any of the Participating State/Entity's additional concerns at the meeting. Failure to comply with this section may result in the Contractor being found in default under the default proceeding. K. Commitment to Diversity in Government Contracting: The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, wartime-, and service-disabled veteran business enterprises in the economic life of the State. The State of Florida Mentor Protégé Program connects minority-, women-, wartime-, and service-disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915 or osdhelp@dms.myflofida.com. Upon request, the Contractor shall report to the Office of Supplier Diversity spend with certified and other minority business enterprises. These reports will include the period covered, the name, minority code and Federal Employer Identification Number of each minority vendor utilized during the period. Commodities and services provided by the minority business enterprise, and the amount paid to each minority vendor on behalf of each purchasing agency ordering under the terms of this Addendum. PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-115 Hewlett-Packard Company And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 7 of 9 L. Resellers/Partners: The Contractor may use resellers/partners in order to provide computer equipment and services. All resellers/partners shall be the direct responsibility of the Contractor. The Contractor is responsible for all liability, terms and conditions within Master Agreement and this Addendum. The Contractors resellers/partners’ participation will be in accordance with the terms and conditions set forth in the aforementioned Master Agreement and this Addendum. If a reseller/partner is authorized to conduct business on behalf of the Contractor and the reseller/partner is to receive compensation from the Contractor for its services, then any dispute between the Contractor and the reseller/partner shall be resolved between the Contractor and the reseller/partner. The State of Florida is not a party to any agreement entered into between the Contractor and its resellers/partners. The Contractor shall be responsible to report all contract sales (and pay any associated MFMP transaction fees), including those of any such resellers/partners and shall ensure that all such resellers/partners meet the following requirements: • Have an ACTIVE Registration with the Florida Department of State, Division of Corporations (www.sunbiz.org) • Registered in the MFMP Vendor Information Portal (https://vendor.myfloridamarketplace.com) • Not be on the State of Florida’s Convicted, Suspended, or Discriminatory lists http://www.dms.myflorida.com/business_operations/State_purchasing/vendor_informatio n/convicted_suspended_discriminatory_complaints_vendor_lists • Have a copy of e-Verify Status on file • Have a current W-9 filed with the Florida Department of Financial Services (https://flvendor.myfloridacfo.com) M. Primary Contacts: The primary government contact individuals for this Addendum are as follows (or their named successors): Contractor Name Debra Lee Address Hewlett-Packard Company 3000 Hanover Street, Palo Alto, CA 94304 Telephone 847-537-0344 or Cell 847-922-2977 E-mail debra.lee@hp.com PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-115 Hewlett-Packard Company And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 8 of 9 Participating Entity Name Jerilyn Bailey Address Florida Department of Management Services 4050 Esplanade Way, Suite 360, Tallahassee, FL 32399-0950 Telephone 850-921-4072 E-mail jerilyn.bailey@dms.myflorida.com N. Warrant of Authority: Each person signing this Addendum warrants that he or she is duly authorized to do so and to bind the respective party. 7. Terms: The Participating State is agreeing to the terms of the Master Agreement only to the extent the terms are not in conflict with applicable law. 8. Partner Utilization: Each Participating State represented by NASPO ValuePoint participating in this Master Agreement independently have the option of utilizing partners. Only partners approved by this Participating State may be deployed. The Participating State may define the process to add and remove partners and may define the partner’s role in this Participating Addendum. The Contractor’s partners’ participation will be in accordance with the terms and conditions set forth in the aforementioned Master Agreement and this Participating Addendum. Approved partners are shown on the Contractor’s dedicated website for the Participating Entity and its respective eligible Purchase Entities, which can be accessed at: www.hp.com/buy/florida. Contractor has two (2) distinct Servicing Subcontractor Programs: (1) the Reseller Agent Program; and (2) the Fulfillment Subcontractor Program. Both are available to authorized Purchasing Entities to select from under this Participating Addendum. a. Reseller Agent Program: Under the Reseller Agent Program the purchase order (“Order”) is made out to Hewlett-Packard Company (“HP”). HP fulfills and ships the Order to the Purchasing Entity and invoices the Purchasing Entity directly. The Reseller Agents provides pre- and post-sales support. Pre- and post- sales support includes, but is not limited to, providing advice on specifications, quotes, assist in escalation of order(s), and returns. The authorized Reseller Agent(s) under this contract are listed on the HP Participating State landing page at www.hp.com/buy/NASPOVP-PC4. Orders and payment are issued by the Purchasing Entity direct to HP under the Reseller Agent Program. The Reseller Agent HP Authorization Number must be listed in all quotes and related Order activities for sales and tracking purposes. Orders must include the Participating State/Entity Contract Number. HP Order information, including the HP remittance address, is available in the Information Center located at the HP website www.hp.com/buy/NASPOVP-PC4. PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-115 Hewlett-Packard Company And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 9 of 9 b. Fulfillment Subcontractor Program: Under this Fulfillment Subcontractor Program the purchase order (“Order”) is made out to the named Fulfillment Subcontractor. The Fulfillment Subcontractor receives the Order(s) and invoices the Purchasing Entity directly, in addition to handling all Order tracking and escalations and offering pre- and post-sales support. The authorized Fulfillment Subcontractor(s) for receipt of Orders from Participating Entities under this contract are listed on the HP Participating State landing page at www.hp.com/buy/NASPOVP-PC4. Orders and payment are issued by the Purchasing Entity direct to the named Fulfillment Subcontractor under the Fulfillment Subcontractor Program. Orders must include the Participating State Contract Number. 9. Separation: Neither party may, nor will it have the power to, assign or novate this Participating Addendum without the consent of the other, provided that Participating State shall not withhold its consent to any assignment or novation by Contractor in connection with the HP Separation. HP Separation means any transaction or restructure associated with the proposed separation of Hewlett- Packard Company into two publicly traded companies, as announced by Hewlett-Packard Company on October 6, 2014. IN WITNESS WHEREOF, the parties have executed this Addendum as of the last date of execution below. Participating State: Florida Contractor: Hewlett-Packard Company By: By: Name: Name: Title: Title: Date: Date: Florida’s Chief Procurement Officer By: Name: Roz Ingram Title: Director of State Purchasing and Chief Procurement Officer Date: AMENDMENT NO.: 2 Alternate Contract Source No.: 43211500-WSCA-15-ACS Alternate Contract Source Name: Computer Equipment Peripherals and Services Computer Equipment Peripherals and Services Page 1 of 1 Alternate Contract Source No.: 43211500-WSCA-15-ACS This Amendment to the Computer Equipment Peripherals and Services 43211500-WSCA-15-ACS (“ACS”) between the State of Florida, Department of Management Services (“Department”), and HP Inc. (“Contractor”), collectively referred to herein as the “Parties,” is effective upon execution by both Parties. WHEREAS the ACS was entered into by the Parties on August 15, 2015, to continue through March 31, 2017, for the provision of Computer Equipment Peripherals and Services, pursuant to State of Minnesota Master Agreement No. MNNVP-133; WHEREAS the Contract was subsequently renewed through March 31, 2020; and WHEREAS, the Parties agreed that the ACS may be amended by mutual agreement. NOW THEREFORE, for the mutual covenants contained herein, the Parties agree as follows: I. Amendment to the Participating Addendum. The ACS is amended to change the end of the term of the participating addendum to July 31, 2021, unless terminated earlier in accordance with the Special Contract Conditions. II. Amendment to the Participating Addendum. Section 4.D., Scrutinized Company List, is amended to add the following sentence: The Participating State may terminate this Addendum for cause if the Contractor is placed on the Scrutinized companies that Boycott Israel List or is engaged in a boycott of Israel. III. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. IV. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the ACS, the terms of this Amendment shall control. V. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the ACS, as previously amended, shall continue in full force and effect. [signature page follows] AMENDMENT NO.: 2 Alternate Contract Source No.: 43211500-WSCA-15-ACS Alternate Contract Source Name: Computer Equipment Peripherals and Services Computer Equipment Peripherals and Services Page 2 of 1 Alternate Contract Source No.: 43211500-WSCA-15-ACS IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Department of Management Services Contractor: HP Inc. By: _____________________________ By: _____________________________ Name: Tami Fillyaw Name: Title: Chief of Staff Title: Date: Date: Department of MANAGEMENT SERVICES � -We serve those who serve Florida AMENDMENT NO.: 2 Alternate Contract Source No.: 43211500-WSCA-15-ACS Alternate Contract Source Name: Computer Equipment Peripherals and Services IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Department of Management Services By: __________ _ Name: Tami Fillyaw Title: Chief of Staff Date: Computer Equipment Peripherals and Services Contractor: HP Inc. By: c� 1. j.l�Name: Colleen F Lively Title: Contracts Administrator Date: 3/10/2020 Alternate Contract Source No.: 43211500-WSCA-15-ACS Page 2 of 2 DocuSign Envelope ID: C29BE75F-7076-4875-9403-EFD4F8F5555F 3/18/2020 | 1:08 PM EDT Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8577 Agenda Date: 12/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.17 SUBJECT/RECOMMENDATION: Ratify and confirm additional computer leasing obligations and expenditures over the 2017-2020 leasing period; approve an increase to Contract No. 900099 in an amount of $680,000, for a new total of $2,150,000 to Hewlett-Packard Financial Services Company, of Murray Hill, NJ, for desktop, laptop, and tablet computers, and authorize the appropriate officials to execute same. (consent) SUMMARY: Upgrades to numerous departmental operations requiring additional mobile devices, response to COVID-19 continuity demands, shipping delays prompting extended lease periods and underestimation of past lease obligations have created a shortfall in contract #900099, approved in 2017. Causes of shortfall: 1.Delays in shipping of newly leased (replacement) computers (5-6 months) resulted in unplanned monthly payments during the 2017 lease cycle due to processor shortages from 2017-2019 and during COVID-19 lockdown. ($35,000) 2.Scarcity of computers and camera accessories constrained our ability to accommodate all telecommuting requests and use video conferencing to its fullest extent for social distancing. The opportunity to upgrade 300+ users (from desktops without cameras to laptops) increases our capacity for remote work and our organizational resiliency to maintain production activities during extenuating circumstances. These upgrades will create overlapping lease quantities for approximately 6-9 months until the older computers can be removed from the environment. ($260,000) 3.Under estimation of leasing costs in previous lease replacement cycles pushed some payments onto the 2017 PO, thereby, propagating shortfalls into future years. ($205,000) 4.Overall increase in the number of computers utilized by operating units across the City and the increased use of mobile devices vs desktop computers has increased our costs over time (~100 mobile devices in 2017 lease cycle). Since 2011 the City has grown from 1150 to 2050 computers, and the percentage of mobile devices has increased from approximately 20% in 2011 to 40% in 2020. ($180,000) Remedies for Moving Forward: The City’s new financial system (Tyler Munis) can manage invoice/PO relationships at a more granular level. Past practice was to use “blanket” PO’s over longer periods of time, however, moving forward each 3-year lease cycle will be managed as a ‘Contract’ Page 1 City of Clearwater Printed on 12/17/2020 File Number: ID#20-8577 and every individual lease shipment during the cycle will be related to a unique PO# for its 3-year quarterly payments. All invoices and total contract obligations can be monitored at a more precise level in ‘real-time.’ The increases to this contract are not a reflection of any current or past budget shortfalls, but rather represent needed increases in leasing authority for obligations in future operating years (years 4 and 5 of the lease payment cycle). APPROPRIATION CODE AND AMOUNT: Costs associated with computer lease obligations are budgeted in the Information Technology Operating budget; cost code 5559862-544500. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/17/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8536 Agenda Date: 12/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.18 SUBJECT/RECOMMENDATION: Request for authority to settle case of City of Clearwater v. Wyllie, et al., Case No. 18-6639-CI. (consent) SUMMARY: On July 19, 2018, the City retained Weidner Law, P.A. (outside counsel) for representation in municipal lien foreclosure matters. The outside counsel then filed a foreclosure action against Mona Wyllie, owner of the property located at 1334 Fairmont St. The property has since been brought into compliance with the City’s codes and is under contract to be sold to a third party. The property owner has offered $20,000.00 to settle the case. Therefore, authority is being sought to settle this case for $20,000.00 in exchange for which the City will: 1) release the lien that attaches to this property; and 2) and dismiss the lawsuit. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 12/17/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8572 Agenda Date: 12/17/2020 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Accept the 2020 Local Housing Incentive Strategy (LHIS) Report developed by the Affordable Housing Advisory Committee (AHAC). (APH) SUMMARY: Florida Statute Section 420.9076 states that counties and cities receiving State Housing Initiatives Partnership (SHIP) program funds are required to appoint an eleven-member Affordable Housing Advisory Committee (AHAC). The statute further provides that the committee be made up of members from a specific industry or a specific group as identified in the statute. The requirement was largely met through the use of the City’s existing seven-member Neighborhood and Affordable Housing Advisory Board (NAHAB). City staff recommended Council appointment of four additional committee members. The City Council adopted Resolution No. 20-50 that created and appointed the AHAC. The duties of the AHAC included reviewing policies and procedures, ordinances, land development regulations and the City’s adopted comprehensive plan and recommending specific actions or initiatives to encourage or facilitate affordable housing. Per state statute, at a minimum, the AHAC reviewed and made recommendations on the following: (a)The processing of approvals of development orders or permits, as defined in F.S.163.3164 (7) and (8), for affordable housing projects is expedited to a greater degree than other projects. (b)The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. (c)The allowance of flexibility in densities for affordable housing. (d)The reservation of infrastructure capacity or housing for very-low income persons, low-income persons, and moderate-income persons. (e)The allowance of affordable accessory residential units in residential zoning districts. (f)The reduction of parking and setback requirements for affordable housing. (g)The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. (h)The modification of street requirements for affordable housing. (i)The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. (j)The preparation of a printed inventory of locally owned public lands suitable for affordable housing. (k)The support of development near transportation hubs and major employment centers Page 1 City of Clearwater Printed on 12/17/2020 File Number: ID#20-8572 and mixed-use developments. In September 2020, the Economic Development and Housing Department contracted with Wade Trim, Inc. to help facilitate AHAC discussions. Wade Trim coordinated the preparation of the Local Housing Incentive Strategy report in cooperation with City staff and the AHAC. The LHIS encompasses the definition, vision, strategic focus areas and incentive recommendations in order to facilitate the development and preservation of affordable housing in the City of Clearwater. The AHAC convened on three separate occasions in order to develop and identify the value of affordable housing, identify the principles for Clearwater’s affordable housing and develop/confirm a vision statement to be included as part of the LHIS. The AHAC members focused on the values that affordable housing brings to the City of Clearwater. The AHAC recommended the continuation, with slight modifications in some cases, of recommendations made by prior AHAC committees. The AHAC further recommended City staff continue in its participation in the development of the Pinellas County Countywide Housing Strategy. The Committee also recommended staff consider increasing the amount of the maximum Down Payment Assistance (DPA) loan in its DPA strategy funded by State and federal money. The committee focused particularly on three areas aimed at encouraging development of affordable housing: ·Recommended enhancement of the City’s Affordable Housing webpage to include informational and educational materials and mentorship information for developers. ·Recommended strong consideration be given to increasing the allowability of accessory dwelling units in residential areas during staff’s forthcoming update of the Comprehensive Plan. ·Recommended staff prepare a study to determine the financial, legal, and administrative feasibility of reducing, refunding, or redefining (by unit size) the costs of impact fees and/or permitting fees related to the development of affordable housing. The LHIS report has been due every three years on December 31st of the year preceding the submission of the Local Housing Assistance Plan (LHAP). The report must be submitted to the City Council by December 31, 2020. Changes to Florida Statute now require the AHAC to convene, and the LHIS report to be updated, annually. This year’s LHIS includes recommendations that were approved by the AHAC on December 15, 2020. By March 31, 2021, the City Council will be asked to adopt an amendment to the LHAP to incorporate the strategies it will implement for the City. The amendment must include, at a minimum, the State required incentive strategies outlined in the LHIS. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/17/2020 2020 Prepared by: Affordable Housing Advisory Committee Economic Development & Housing Department DRAFT – 11/24/2020 Local Housing Incentive Strategies Update Affordable Housing Advisory Committee Report to City Council SHIP Affordable Housing Incentive Strategies Draft November 24, 2020 PREPARED BY: Affordable Housing Advisory Committee/ City of Clearwater Economic Development & Housing Department with Assistance from Wade Trim, Inc. TO BE SUBMITTED TO: Florida Housing Finance Corporation City of Clearwater Local Housing Incentive Strategies | 2 Economic Development & Housing Department Table of Contents I. BACKGROUND ....................................................................................................................................... 3 1.1 The City of Clearwater........................................................................................................... 3 1.2 The Affordable Housing Advisory Committee ........................................................................ 3 1.2.1 Committee Composition ....................................................................................................... 4 1.3 Process to Develop the Local Housing Incentive Strategies .................................................... 5 II. LOCAL HOUSING INCENTIVE STRATEGIES ............................................................................................ 7 2.1 Affordable Housing Incentives .............................................................................................. 7 2.1.1 Expedited Review Process..................................................................................................... 8 2.1.2 Modification of Fees ........................................................................................................... 11 2.1.3 Flexible Densities ................................................................................................................ 13 2.1.4 Infrastructure Capacity ....................................................................................................... 15 2.1.5 Accessory Dwelling Units .................................................................................................... 16 2.1.6 Parking Reductions .............................................................................................................. 18 2.1.7 Flexible Lot Configurations.................................................................................................. 20 2.1.8 Modification of Street Requirements ................................................................................. 21 2.1.9 Pre-Adoption Policy Consideration ..................................................................................... 23 2.1.10 Inventory of Public Lands .................................................................................................... 24 2.1.11 Proximity to Transportation, Employment & Mixed-Use Development ............................ 26 2.2 Additional Incentives .......................................................................................................... 27 2.2.1 Adaptive Reuse ................................................................................................................... 27 2.2.2 Land Development Code ..................................................................................................... 28 2.2.3 Communication and Marketing of Affordable Housing ...................................................... 29 2.2.4 Financing ............................................................................................................................. 31 2.2.5 Partnerships ........................................................................................................................ 32 APPENDIX A: City of Clearwater Resolutions APPENDIX B: Affordable Housing in Clearwater APPENDIX C: Values, Principles and Vision APPENDIX D: Advisory Committee Meeting Summaries APPENDIX E: Summary of AHAC Recommendations City of Clearwater Local Housing Incentive Strategies | 3 Economic Development & Housing Department I. BACKGROUND 1.1 The City of Clearwater The City of Clearwater is approximately 26 square miles in size and located in Pinellas County on the west coast of Florida along the Gulf of Mexico and Tampa Bay. Clearwater is the county seat of Pinellas County and shares boundaries with the municipalities of Largo, Dunedin, Safety Harbor, Belleair Beach and the Town of Belleair. Along with the cities of St. Petersburg and Tampa, Clearwater is one of the most urbanized areas within the Tampa Bay Region. According to the most recent decennial U.S. Census, the City of Clearwater had a population of 107,685 in 2010. Estimates from the University of Florida Bureau of Economic and Business Research (BEBR) for 2020 indicate that the City’s current population is approximately 118,017. Based on a share (12%) of Pinellas County’s projected population, the City may have a population of 127,992 by 2040 based on a medium growth scenario. 1.2 The Affordable Housing Advisory Committee As a recipient of State Housing Initiatives Partnership (SHIP) funds the City established an Affordable Housing Advisory Committee (AHAC) in September 2020 as required by Florida Statute (F.S.) Section 420.9076. Section 420.9076, F.S., effective October 1, 2020, requires all municipalities receiving SHIP funds to: a) Establish an Affordable Housing Advisory Committee (AHAC); b) Prepare Local Housing Incentive Strategies (LHIS) to facilitate the provision of affordable/workforce housing; and c) Amend the Local Housing Assistance Plan (LHAP) to include the recommendations of the LHIS. The AHAC is responsible for reviewing ordinances, land development regulations, Comprehensive Plan policies, and other aspects of the City’s policies and procedures that affect the cost of housing. In addition, the AHAC is responsible for making recommendations to encourage affordable housing. The AHAC was previously required to submit a LHIS report triennially (i.e., every three years). Effective October 1, 2020, the LHIS report must be submitted annually. The report includes recommendations by the AHAC as well as comments on the implementation of incentives for at least the following eleven (11) distinct areas: • The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f)3, F.S. • All allowable fee waivers provided for the development or construction of affordable housing. • The allowance of flexibility in densities for affordable housing. • The reservation of infrastructure capacity for housing for very-low-income persons, low-income persons, and moderate-income persons. • Affordable accessory residential units. • The reduction of parking and setback requirements for affordable housing. City of Clearwater Local Housing Incentive Strategies | 4 Economic Development & Housing Department • The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. • The modification of street requirements for affordable housing. • The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. • The preparation of a printed inventory of locally owned public lands suitable for affordable housing. • The support of development near transportation hubs and major employment centers and mixed-use developments. 1.2.1 Committee Composition The City of Clearwater’s first eleven-member AHAC was established on June 19, 2008, representing those actively engaged in the provision of affordable housing. The composition of the first AHAC is outlined in Resolution #08-15 (see Appendix A). This first AHAC prepared the City’s original LHIS, which was approved in December 2008. Although Florida Statutes required the LHIS to be reviewed by the AHAC triennially, the City was not required to review the LHIS in 2011 because it did not meet the SHIP funding threshold at that time. In 2014, however, the SHIP funding threshold for LHIS review was met. On August 18, 2014, the City formed a second eleven-member AHAC, which reviewed and updated the LHIS in December 2014. The composition of the second AHAC is outlined in Resolution #14-26 (see Appendix A). The City formed a third eleven-member AHAC on October 5, 2017, which reviewed and updated the LHIS by December 2017. Although the Florida Statute no longer required a resolution of City Council to appoint the AHAC, the third AHAC was appointed by City Council action as Resolution #17-34 (see Appendix A). On September 17, 2020, the City formed a fourth eleven-member AHAC to review and update the LHIS by December 2020. The fourth AHAC was appointed by City Council action as Resolution #20-50 (see Appendix A). Section 420.907, F.S. lists the categories from which AHAC members must be selected. There must be at least eight (8) but not more than 11 committee members with representation from at least six (6) of the following categories: • Citizen actively engaged in the residential home building industry in connection with affordable housing. • Citizen actively engaged in the banking or mortgage banking industry in connection with affordable housing. • Citizen representative of those areas of labor actively engaged in home building in connection with affordable housing. City of Clearwater Local Housing Incentive Strategies | 5 Economic Development & Housing Department • Citizen actively engaged as an advocate for low-income persons in connection with affordable housing. • Citizen actively engaged as a for-profit provider of affordable housing. • Citizen actively engaged as a not-for-profit provider of affordable housing. • Citizen actively engaged as a real estate professional in connection with affordable housing. • Citizen actively serving on the local planning agency pursuant to Section 163.3174, F.S. • Citizen residing within the jurisdiction of the local governing body marking the appointments. • Citizen who represents employers within the jurisdictions. • Citizen who represents essential services personnel, as defined in the Local Housing Assistance Plan (LHAP). Additionally, effective October 1, 2020, at least one committee member must be a locally elected official from the participating jurisdiction (i.e., a City Councilmember). The appointed 2020 AHAC members are included in Table 1, along with their category affiliation. Table 1: Committee Composition Name Category Represented Date Appointed 1. Pierre Cournoyer Residential Home Building Industry September 17, 2020 2. Linda Kemp Banking & Mortgage Industry September 17, 2020 3. Maria (Gaby) Camacho Labor Engaged in Affordable Housing September 17, 2020 4. Peter Scalia Advocate for Low-Income Persons September 17, 2020 5. Kevin Chinault Not-For-Profit Provider of Affordable Housing September 17, 2020 6. Peggy Cutkomp Real Estate Professional September 17, 2020 7. Michael Boutzoukas Serves on the Local Planning Agency September 17, 2020 8. Carmen Santiago Citizen Residing in Clearwater September 17, 2020 9. Camille Hebting Represents Employers in Clearwater September 17, 2020 10. Jacqueline Rivera Represents Essential Services Personnel September 17, 2020 11. Kathleen Beckman Locally Elected Official (City Councilmember) September 17, 2020 1.3 Process to Develop the Local Housing Incentive Strategies The City’s Economic Development & Housing Department retained a consultant, Wade Trim, Inc., to facilitate the process to update the Local Housing Incentive Strategy (LHIS) to fulfill the requirements of Section 420.9076, F.S. To update the LHIS, City staff and AHAC members actively participated in the following activities: City of Clearwater Local Housing Incentive Strategies | 6 Economic Development & Housing Department • Review of requirements of Section 420.9076, F.S. • Discussion regarding main issues/barriers affecting the production of affordable housing (see Appendix B) • Discussion with for-profit and non-profit developers to identify main barriers to the provision of affordable housing (see Appendix B) • Evaluation with City staff and AHAC of the current regulations (comprehensive plan, code, and ordinances) that provide developer incentives for the provision of affordable housing • Update of the LHIS report Chart 1 outlines the schedule established in Florida Statutes to prepare the LHIS: Chart 1: Schedule to Meet Requirements Source: Originally based on Florida Housing Coalition, Webinar, SHIP Incentive Strategies and the AHAC, 2019, updated to reflect City of Clearwater events and dates. City of Clearwater Local Housing Incentive Strategies | 7 Economic Development & Housing Department II. LOCAL HOUSING INCENTIVE STRATEGIES The City of Clearwater’s fourth eleven-member AHAC was formed in September 2020 to review and update the values, principles, vision, and recommendations for the LHIS. The resulting values, principles and vision are found in Appendix C and the resulting recommendations are found in Section 2.1 and 2.2 below. 2.1 Affordable Housing Incentives The following provides synopses of the City’s current affordable housing practices, including policies,1 procedures, ordinances, and regulations. The following also outlines the AHAC’s evaluation of the recommendations to incentivize affordable housing that were previously approved in 2017. As part of the evaluation, the AHAC continued, modified, or removed some recommendations and added new recommendations as relevant. Recommendations for incentives are organized by the strategic incentives cited in Florida Statutes respective to the SHIP program funding. Section 420.9076, F.S., cites 11 areas of affordable housing incentives for examination by the AHAC. The AHAC evaluated the City’s implementation of various incentives in these 11 areas and recommended other areas not cited in the statute. This evaluation of recommendations occurred during meetings with the AHAC and City staff from September through December 2020. The following provides the schedule of these meetings: 09/17/2020 Meeting with staff of the Economic Development & Housing Department, Planning & Development Department and Wade Trim, Inc. 10/13/2020 Meeting with the AHAC, staff of the Economic Development & Housing Department and Wade Trim, Inc. 11/16/2020 Meeting with the AHAC, staff of the Economic Development & Housing Department and Wade Trim, Inc. 12/15/2020 Public Hearing with the AHAC, Neighborhood Housing Advisory Board, staff of the Economic Development & Housing Department, and interested members of the public 12/17/2020 City Council meeting to accept the updated LHIS report Summaries of the AHAC meetings held on October 13, 2020, and on November 16, 2020, can be found in Appendix D. The LHIS report is a result of the meetings held with the AHAC and the input of City staff to determine the feasibility of the AHAC recommendations. On December 15, 2020, the AHAC will review the LHIS report and finalize its recommendations regarding affordable housing incentives. The final recommendations are captured in Appendix E. If approved by City Council on December 17, 2020, the recommendations will be used to amend the Local Housing Assistance Plan (LHAP) and the City’s Comprehensive Plan. 1 All references made to the City’s “Comprehensive Plan” are drawn from the official document as adopted by City Council inclusive of any amendments as of October 1, 2020. City of Clearwater Local Housing Incentive Strategies | 8 Economic Development & Housing Department 2.1.1 Expedited Review Process Strategic Incentive No. 1 (Florida Statute) The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f)3, F.S. Meeting Synopsis: Discussions at the AHAC meetings focused on two topics related to expediting review processes and approvals: (1) timing/process and (2) the use of technology for information sharing/education. Timing/Process During the first AHAC meeting on October 13, 2020, the committee identified barriers related to timing and process. Although the AHAC felt that City staff was helpful and responsive, the different review levels and requirements for City Council approval remain time-consuming and outside of City staff’s control. At the second AHAC meeting on November 16, 2020, the committee inquired about the number of “Request for Expedited Permit Processing for Affordable Housing Activity” forms that are filled-out and how often a density bonus is requested by applicants. City staff discussed examples of development approvals expedited as result of the form or the City’s certification as affordable housing. City staff uses an electronic permitting system (ePermit Hub portal) to communicate the status of review. City staff notifies the applicant directly if additional information is needed. Use of Technology for Information Sharing/Education During the first AHAC meeting on October 13, 2020, the committee identified barriers related to the lack of information about incentives available and how to develop affordable housing. This information would be particularly beneficial for new-entry developers. The AHAC discussed how the current COVID-19 pandemic has provided more flexibility by allowing applicants to work remotely using technology. Such technology eliminates the needs for hard-copies, travel, and in- person attendance. The AHAC discussed the need to incentivize developers, as well as lenders/inventors and other financial stakeholders, to build affordable housing by giving them more information in multi-faceted formats, such as link sharing, web forms, videos/webinars, virtual meetings/forums, etc. At the second AHAC meeting on November 16, 2020, the committee discussed the role of the Housing Manager. The Assistant Director of Economic Development & Housing currently functions as the Housing Manager for the City. The AHAC expressed concern about the Housing Manager being a shared role rather than a full-time position. City staff identified that the titles, “Housing Manager” and “Development Service Center Manager” should be updated to City of Clearwater Local Housing Incentive Strategies | 9 Economic Development & Housing Department “Assistant Director of Economic Development & Housing” and “Permit Manager” respectively to reflect contemporary roles. Moreover, the AHAC again identified the need for other tools, such as a webinar or mentorship program, to help answer questions for the new-entry developer. The AHAC also identified the need for the City to keep a list of potential mentors to help new-entry developers. Additionally, the AHAC discussed that there should be a specific brochure that targets affordable housing, rather than a generalized one, and that such brochure should be prominently posted on the City’s Affordable Housing webpage. The need for advertisement of the City’s incentives, including the nonconforming exemption for affordable housing, was also discussed on November 16, 2020. Evaluation of Existing Strategy: The City of Clearwater Economic Development & Housing Department continues to provide a form titled, “Request for Expedited Permit Processing for Affordable Housing Activity” that, when completed and submitted by the developer, expedites permitting for affordable housing projects. This form does not expedite the review process for site plans, land use plan amendments, rezoning, or annexations, as these submittals are subject to board-dependent meeting schedules (e.g. Community Development Board, City Council). Currently, and depending on the type of project, the Assistant Director of the Economic Development & Housing Department (rather than the Housing Manager) and the Permit Manager and/or Planning Manager (rather than the Development Service Center Manager) act as liaisons between the developer and the City. The Assistant Director of the Economic Development & Housing Department determines whether a project qualifies as affordable housing and, if eligible, provides the developer with the “Request for Expedited Permit Processing for Affordable Housing Activity” form and applicable checklists. The Economic Development & Housing Department and Planning & Development Department support customer service for potential affordable housing projects by providing information and responding to developer inquiries by the end of business day (EOB). The Planning & Development Department utilizes technology to enhance administrative efficiencies. All permitting is facilitated by a one-stop “ePermit Hub” portal that supports electronic plan submittal, review, and inspections, or through Accela. Information, forms, and checklists are available online and at the counter for all types of projects (not necessarily affordable housing). Target dates and permit status are posted via the ePermit Hub portal and review time has been generally reduced to 14 days. The City also maintains a “Building Plan Review Committee” brochure that summarizes the City’s development review processes; however, this brochure is not specific to policies or processes that incentivize affordable housing in the City of Clearwater. City of Clearwater Local Housing Incentive Strategies | 10 Economic Development & Housing Department AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendation from the 2017 LHIS report with no change: 1.1 Continue to use the “Request for Expedited Permit Processing for Affordable Housing Activity” form to fast-track affordable housing projects. Upon review of current City practices, the AHAC continues the following recommendations from the 2017 LHIS report with minor changes as shown in strikethrough/underline: 1.2 The Housing Manager Assistant Director of Economic Development & Housing and Development Service Center Manager Permit Manager should continue to be the primary and secondary points of contact when submitting affordable housing projects. Through close coordination, these two staff positions should: • Create and oversee an affordable housing “One Stop Streamline Permitting Process.” • Act as a liaison between the developer and all departments involved in the review and permitting process. • Organize and participate in the pre-application meetings. • Provide necessary information and forms to the developer to avoid delays during the application and review process. • Create a process and definitive project requirement checklist for affordable housing projects for each level of review and stage of permitting. • Create a definitive but feasible review timeline for affordable housing projects considering variables such as the type, size and impact in the community depending on the level of review and stage of permitting. • Release to the applicant and all City departments involved at once, written statements for additional requirements and project determinations. • Track the review process through the City’s online ePermit system. • Report to the developer the status of the application. 1.3 Continue to improve customer service toward potential project applicants by: • Maintaining a positive attitude • Offering a quick response time via email or phone calls • Making available project requirements and forms • Providing a list of potential mentors experienced in affordable housing development • Utilizing new technology to enhance administrative efficiencies and to educate developers about the City’s affordable housing incentives and permitting process by means of link sharing, web forms, videos/webinars, virtual meetings/forums, and other tools City of Clearwater Local Housing Incentive Strategies | 11 Economic Development & Housing Department 1.4 Publish a brochure or other informational handout in a prominent location on the City’s Affordable Housing webpage for developers that explains the City's development approval and permitting process to developers, including but not limited to: • Relationship between City and County policies and the regulation of land use, density, and intensity • City-sponsored incentives for affordable housing such as the "Request for Expedited Permit Processing for Affordable Housing Activity" form, and Affordable Housing Density Bonus, Parking Reductions, and Nonconforming Exemption for Affordable Housing Implementation: Recommendations 1.1 and 1.2 are already implemented by City staff and will be continued. Consistent with modified Recommendation 1.3, City staff will continue to improve customer service by preparing a list of potential mentors and exploring new technology to further educate and incentivize affordable housing developers. City staff will develop the brochure/handout referenced in Recommendation 1.4 to better advertise city-sponsored incentives for affordable housing. 2.1.2 Modification of Fees Strategic Incentive No. 2 (Florida Statute) All allowable fee waivers provided for the development or construction of affordable housing. Meeting Synopsis: The AHAC discussed the ongoing and effective coordination with Pinellas County regarding the multi-modal impact fee incentives for affordable housing. However, the AHAC also identified the need to evaluate whether the City can or should waive City impact fees or permitting fees. The AHAC directed City staff to reconsider the previously removed 2008 AHAC recommendation to evaluate whether City impact fees or permitting fees may be waived for affordable housing projects. Evaluation of Existing Strategy: While impact fees do increase the costs of affordable housing; it is also true that affordable housing creates the same demand for public infrastructure as other types of development. Therefore, the City of Clearwater charges specific fees to conduct development reviews and issue permits for affordable housing projects. The current City of Clearwater fee structure is adopted as Appendix A (Schedule of Fees, Rates and Charges) of the Community Development Code. Development review fees are based on the level of review, and permitting fees are based on construction valuation. City of Clearwater impact fees are assessed per unit. Depending on market conditions, these fees could potentially deter the development of affordable housing. City of Clearwater Local Housing Incentive Strategies | 12 Economic Development & Housing Department The City of Clearwater does not have any ordinances or specific regulations in place to reduce, refund or redefine impacts fees and other development review and permitting fees for affordable housing projects. Although the original 2008 LHIS report recommended a study to examine the feasibility of reducing, refunding or redefining fees for affordable housing projects, that study was not funded in subsequent years and the recommendation was not continued by the 2017 AHAC. In Florida, impact fees may be waived by exception for affordable housing projects consistent with the Florida Impact Fee Act, Section 163.31801(8), F.S., which does not require the local government to use any revenues to offset the impact. This exception or waiver is applicable to housing that is affordable as defined by Section 420.9071, F.S. (i.e., 30% of 120%). In 2016, Pinellas County restructured its transportation impact fees to fund not only standard road widening but also multi-modal improvements such as mass transit, bicycle or pedestrian features. Such alternative modes of transportation are beneficial to persons without reliable access to an automobile and complement the provision of affordable housing. Consequently, the 2017 AHAC recommended coordination with Pinellas County regarding data-based rate flexibility within the multi-modal impact to support the provision of affordable housing. The City of Clearwater is identified as Multi-Modal Impact Fee District #6/6A within Pinellas County. Multi-modal impact fees are $1,356-$2,066 for single-family and $1,420 for multi-family units, with reduced fees for affordable housing if certified by the local government. If certified as affordable housing, the multi-modal impact fees are reduced to $882 for single-family units and $753 for multi- family units. These multi-modal impact fees are also reduced for development within designated downtown areas (e.g. Downtown Clearwater) to $1,003-$1,529 for single-family and $972 for multi- family, or if certified as affordable housing, $653 for single family and $557 for multi-family. These fees are cited in Pinellas County’s Land Development Code, Chapter 150, Article II. Alternatively, applicants can submit independent analysis to support further reduction of impact fees based on trip generation or economic studies. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendation from the 2017 LHIS report with no change: 2.1 Coordinate with Pinellas County, as feasible, regarding data-based rate flexibility within the multi-modal impact fee to support the provision of affordable housing. Upon review of current City practices, the AHAC makes the following new recommendation, as sourced from the original 2008 LHIS report, with replacement of “other” with “permitting” shown in brackets: 2.2 Prepare a study to determine the financial, legal, and administrative feasibility of reducing, refunding, or redefining (by unit size) the costs of impact fees and/or [permitting] fees related to the development of affordable housing. City of Clearwater Local Housing Incentive Strategies | 13 Economic Development & Housing Department Implementation: Recommendation 2.1 is already implemented by Pinellas County but requires ongoing coordination between jurisdictions to certify affordable housing projects. This coordination will be implemented by the Engineering Department and will be monitored by City staff of the Economic Development & Housing Department and Planning & Development Department. In response to new Recommendation 2.2, City staff will initiate a study to determine the feasibility of waiving City impact fees or permitting fees for affordable housing projects. 2.1.3 Flexible Densities Strategic Incentive No. 3 (Florida Statute) The allowance of flexibility in densities for affordable housing. Meeting Synopsis: During the first AHAC meeting on October 13, 2020, the committee discussed density as a barrier to affordable housing. AHAC members provided examples of projects that either failed or succeeded because of the nexus of density, parking requirements, and “best use”. The AHAC discussed how more coordination is needed between the city, county, and developers to identify solutions to the limitations that density requirements pose. City staff mentioned that the City’s density bonus policies can be evaluated more fully during the Comprehensive Plan update, and that a regional approach to the density bonus can be considered at that time. The AHAC discussed the need for more “mixed-income” development that promotes diversity of housing types and income levels. Such mixed-income development would help improve the perception of affordable housing as concentrated in one area versus another. Furthermore, the AHAC discussed the importance of supporting the diversity of residents (e.g. ages, needs, income levels, etc.) both on a project basis and as part of a comprehensive affordable housing strategy. If the density bonus is evaluated during the Comprehensive Plan update, City staff should determine whether the bonus promotes mixed-income development at sufficient density to be viable. The AHAC suggested that the City’s density bonus be regionally competitive to incentivize development in the City versus other areas of Pinellas County. Although density (and parking regulations) was discussed as a contemporary barrier during the first AHAC meeting on October 13, 2020, the existing recommendations were continued by the committee with no change on November 16, 2020. The AHAC expects that the upcoming Comprehensive Plan update will more fully evaluate the density bonus and parking reduction policies of the City of Clearwater, taking into consideration public comment on the Housing Element and an analysis of the effectiveness of those policies to incentivize affordable housing. City of Clearwater Local Housing Incentive Strategies | 14 Economic Development & Housing Department Evaluation of Existing Strategy: The City of Clearwater supports flexibility in densities for affordable housing through its Comprehensive Plan policies and through its Community Development Code. Comprehensive Plan policies in support of flexible densities are adopted in the Future Land Use Element (FLUE) and Housing Element as follows: Policy A.2.2.12 – The City will provide density bonuses for affordable housing developments that demonstrate that a minimum of 15% of the total units are reserved as affordable housing units. Such bonuses shall not exceed 50% of the density permitted by the Future Land Use Map and shall not include properties located in the Coastal Storm Area. The density bonus shall be established by ordinance in the Community Development Code. (FLUE) Policy C.1.9.1 – The City will provide density bonuses for affordable housing developments that demonstrate that a minimum of 15% of the total units are reserved as affordable housing units. Such bonuses shall not exceed 50% of the density permitted by the Future Land Use Map and shall not include properties located in the Coastal Storm Area. The density bonus shall be established by ordinance in the Community Development Code. (Housing Element) Consistent with the Comprehensive Plan and previous AHAC recommendations, the Community Development Code contains affordable housing incentives under Section 3-920 that include a density bonus. Within Section 3-920, there is a requirement for a pre-application meeting to determine a project’s eligibility for the density bonus. Subsection “A. Affordable Housing Density Dwelling Units” contains specific criteria and simplified formulas for calculating the additional density available to affordable housing projects. The Community Development Code outlines the procedures for review and approval, percentages of affordable units, standards such as compatibility and green design, and required covenants to maintain affordability. In addition to the Density Bonus, the Community Development Code establishes flexibility criteria for specific uses requiring additional development review. Such uses fall into two categories: Flexible Standard Development and Flexible Development. Flexible Standard Development – Typically requires Level One approval, which involves review by City staff only, including the Development Review Coordinator and Development Review Committee. Flexible Development – Typically requires Level Two approval, which involves review by the Community Development Board. Some applications may warrant additional review, in which case Level Three approval is required. Level Three approval involves greater complexity and requires action by the City Council. In some cases, affordable housing projects also fall under the flexible development criteria for the specific zoning district in which the project is located, which typically require Level Two approval. For example, Section 2-704 defines infill flexibility criteria for the Commercial zoning district, which City of Clearwater Local Housing Incentive Strategies | 15 Economic Development & Housing Department includes Flexibility Criteria F.5.d, “…the proposed use provides for the provision of affordable housing.” Additionally, the City of Clearwater maintains a “Public Amenities Incentive Pool” (Section C-301) and application process whereby applicants can request additional density in return for projects located in Character Districts designated by the Downtown Redevelopment Plan that also provide for eligible public amenities identified within that plan. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the 2017 LHIS report with no change: 3.1 Continue to provide allowance of density flexibility for affordable housing developments. 3.2 Maintain specific parameters to grant density flexibility for affordable housing projects as allowed in the Community Development Code within the different zoning districts. 3.3 Continue to define the density allowance for an affordable housing project as part of a pre-application meeting prior to formal submission of the civil/site engineering requirements. Implementation: Recommendations 3.1, 3.2, and 3.3 are already implemented by the Comprehensive Plan or Community Development Code and will be continued. The effectiveness of existing policies will be more fully evaluated through the Comprehensive Plan update process, which will include analysis by City staff and public hearings by City Council that may result in Comprehensive Plan amendments. 2.1.4 Infrastructure Capacity Strategic Incentive No. 4 (Florida Statute) The reservation of infrastructure capacity for housing for very-low-income persons, low-income persons, and moderate-income persons. Meeting Synopsis: The City’s infrastructure capacity was not identified as an affordable housing barrier during meetings with the AHAC and City staff. During the second AHAC meeting on November 16, 2020, the AHAC requested that City staff explain the reservation of infrastructure capacity and the effect of this recommendation (or no recommendation) on development. City staff explained that in Clearwater, most development takes the form of infill or redevelopment and that most infrastructure is already in-place and adequate for such projects. This contrasts with other cities that may have more new or greenfield development. City of Clearwater Local Housing Incentive Strategies | 16 Economic Development & Housing Department Evaluation of Existing Strategy: The City of Clearwater does not require reservation of infrastructure capacity specific to housing for very-low-income, low-income, and moderate-income persons. The City is nearly built-out and has excess capacity for its public facilities. Consistent with the City’s Comprehensive Plan, the Planning & Development Department closely monitors all concurrency requirements so that adequate infrastructure is in place prior to development: Policy I.1.3.2 – The City shall determine, prior to the issuance of development orders, whether sufficient capacity of essential public facilities to meet the minimum standards for levels of service for the existing population and a proposed development will be available concurrent with the impacts of the proposed development. The applicable water supplier shall be consulted prior to the issuance of a building permit to ensure potable water will be available prior to the issuance of a certificate of occupancy. (Capital Improvements Element) Since 2017, no changes in City policy or practice regarding the reservation of infrastructure capacity have occurred (neither for affordable housing nor other types of development). AHAC Recommendations: Upon review of current City practices, the AHAC makes no change to the following as previously approved: We do not recommend that the City of Clearwater include the reservation of infrastructure capacity for housing for very-low-income persons, low-income persons, and moderate-income persons as an incentive for the provision of affordable housing. Implementation: Not applicable (no recommendation) 2.1.5 Accessory Dwelling Units Strategic Incentive No. 5 (Florida Statute) Affordable accessory residential units. Meeting Synopsis: During the first AHAC meeting on October 13, 2020, the committee identified the lack of promotion of Accessory Dwelling Units (ADUs) in the City as a barrier to affordable housing. The AHAC discussed ADUs as an opportunity to increase the affordable housing inventory in existing neighborhoods. At the second meeting AHAC meeting on November 16, 2020, the committee discussed the possibility of creating a pre-approved pattern book to facilitate review or expedite approval of ADUs, similar to a process implemented in the City of Dunedin. In general, the need to City of Clearwater Local Housing Incentive Strategies | 17 Economic Development & Housing Department educate about and incentivize the allowance of ADUs, including “tiny homes”, was strongly supported by the AHAC. The AHAC discussed with City staff and the Consultant the opportunity to revisit policies related to ADUs during the Comprehensive Plan update, at which time alternative unit types and unconventional solutions could be evaluated. City staff informed the committee that ADUs are best provided through NOAH (Naturally Occurring Affordable Housing) rather than City- subsidized projects because there is a regulation, financing, and reporting burden associated with these types of small units. Evaluation of Existing Strategy: The City allows for the provision of accessory dwelling units in nonresidential zoning districts, including the City’s Commercial (“C”), Tourist (“T”), Downtown (“D”), Office (“O”), Institutional (“I”), and Industrial Research and Technology (“IRT”) districts, as described in the Community Development Code. Regarding the allowance of accessory residential units in residential zoning districts, the Housing Element of the City’s Comprehensive Plan states: Policy C.1.1.2 – Residential Infill Projects, as defined in the Community Development Code, shall be utilized in order to accommodate innovative project designs, which provide for a mix of dwelling types at varying costs. Opportunities and conditions for the provision of accessory dwelling units (ADUs) may be considered for inclusion within infill development and redevelopment projects, provided that strict compliance standards be established within the Community Development Code. (Housing Element) Policy C.1.1.8 – The City may permit one accessory dwelling unit per lot wherever such units can be accommodated by adequate lot area, and provided that they meet strict compliance standards such as building restrictions, visual buffering, parking and other requirements to be developed for inclusion in the Community Development Code. (Housing Element) Although adopted by policy, these actions have not been implemented in the Community Development Code; therefore, there are no standards for accessory dwelling units in residential zoning districts. The implementation of these policies will be reviewed during the next update to the City’s Comprehensive Plan, which is in progress. Aside from the 2017 AHAC Recommendation 5.2, there has been little momentum to allow accessory dwelling units in residential zoning districts, in part due to citizen concerns about neighborhood compatibility. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendation from the 2017 LHIS report with no change: 5.1 Continue to allow for accessory dwelling units in nonresidential zoning districts as described within the City’s Community Development Code. City of Clearwater Local Housing Incentive Strategies | 18 Economic Development & Housing Department Upon review of current City practices, the AHAC continues the following recommendation from the 2017 LHIS report with minor changes as shown in strikethrough/underline: 5.2 Revisit with City Council Comprehensive Plan Policy C.1.1.2 and Policy C.1.1.8 to consider allowing one accessory dwelling unit on a residential lot of any size provided that certain criteria are met. Such criteria may include: • Maximum unit size, parking standards, setback, and height requirements to facilitate review and to ensure neighborhood compatibility, which may be presented using a pattern book or similar means to expedite approval. • Occupancy/tenure requirements so that the principal dwelling unit remains owner-occupied, the accessory dwelling unit is not used for short-term rental, and the number of occupants is limited to that which is reasonable for the unit size. Upon review of current City practices, the AHAC makes the following new recommendation as underlined: 5.3 Expand the definition of accessory dwelling unit to include tiny homes and other alternative unit types to incentivize unconventional solutions to address affordable housing needs within existing neighborhoods. Implementation: Recommendation 5.1 is already implemented by the Community Development Code and will be continued. Recommendation 5.2 and new Recommendation 5.3 will be implemented through the Comprehensive Plan update process, which will include analysis by City staff and public hearings by City Council that may result in Comprehensive Plan amendments. 2.1.6 Parking Reductions Strategic Incentive No. 6 (Florida Statute) The reduction of parking and setback requirements for affordable housing. Meeting Synopsis: Parking requirements continue to be a perceived barrier to affordable housing. During the first AHAC meeting on October 13, 2020, the committee discussed borrowing standards from Pinellas County and/or further reducing or eliminating parking standards beyond the incentives the City currently offers under the density bonus in the Community Development Code. Although parking regulations (and density) were discussed as a contemporary barrier during the first AHAC meeting on October 13, 2020, the existing recommendations were continued by the committee with no City of Clearwater Local Housing Incentive Strategies | 19 Economic Development & Housing Department change. The AHAC expects that the upcoming Comprehensive Plan update will more fully evaluate the existing density bonus and parking reduction policies of the City of Clearwater, taking into consideration public comment on the Housing Element and an analysis of the effectiveness of those policies to incentivize affordable housing. Evaluation of Existing Strategy: The Housing Element of the City’s Comprehensive Plan supports the reduction of parking and setback requirements for affordable housing through the following policies: Policy C.1.9.2 – Allow flexibility with regard to setbacks and off-street parking to accommodate density bonuses associated with affordable housing developments provided the project design does not detract from the established or emerging character of the immediate vicinity. (Housing Element) Policy C.1.9.3 – Allow flexibility with regard to off-street parking for projects containing affordable housing units located within 1000 feet of a transit stop. (Housing Element) In general, the City’s Community Development Code establishes parking flexibility criteria for specific uses requiring additional development review. For example, attached dwellings, residential infill projects, comprehensive infill redevelopment projects, or other uses that could provide affordable housing, may qualify as Level Two uses and allow for flexible development standards, including reduced parking and setbacks. More specifically, the Community Development Code allows for the reduction of parking requirements for affordable housing if the project is located near a transit stop: Article 3, Division 9, Section 3-920.B. Affordable housing parking incentive – Off-street parking may be reduced to one and one-half (1.5) parking spaces, or less per unit, provided the site with affordable housing units is located within 1,000 feet of a transit stop as measured from the nearest point of exit from the parcel based upon the shortest route of ordinary pedestrian travel and subject to the following: 1. The parking requirement may be reduced to between one and one-half (1.5) and one (1) space per unit if the affordable housing units are designated for senior citizens or disabled persons. 2. In the case of attached dwellings, if parking is proposed next to the building, a buffer that includes a four-foot sidewalk and a five-foot landscaped area shall be provided between the building and parking as illustrated below. City of Clearwater Local Housing Incentive Strategies | 20 Economic Development & Housing Department AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the 2017 LHIS report with no change: 6.1 Continue to allow flexible setback requirements for affordable housing developments. 6.2 Continue to tie reductions of off-street parking requirements to proximity and access to alternative modes of transportation, including transit, sidewalks, trails, or other options. Implementation: Recommendations 6.1 and 6.2 are already implemented by the Comprehensive Plan or Community Development Code and will be continued. The effectiveness of existing policies will be more fully evaluated through the Comprehensive Plan update process, which will include analysis by City staff and public hearings by City Council that may result in Comprehensive Plan amendments. 2.1.7 Flexible Lot Configurations Strategic Incentive No. 7 (Florida Statute) The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. Meeting Synopsis: No specific issues with the City’s current practices regarding site plan flexibility were identified during meetings with the AHAC and City staff. The current practices remain acceptable. Evaluation of Existing Strategy: A legal lot of record, by definition, has fixed boundaries by a plat recorded in the Official Records of Pinellas County. It is therefore assumed that this incentive is intended to address flexible site plan configurations, rather than single flexible lot configurations. The City currently allows for site plan flexibility through the development review process, as supported by the City’s Community City of Clearwater Local Housing Incentive Strategies | 21 Economic Development & Housing Department Development Code and Article 2. Zoning Districts therein, which establishes flexibility criteria for specific uses. Such criteria may allow for more flexible site plan configurations but may also require an improved site plan to document how the flexibility will result in better design and/or appearance. The allowance of flexible site plan configurations, including zero-lot line configurations for affordable housing, must be sensitive to the character and context of existing neighborhoods. To this end, the City’s incentives for affordable housing include compatibility criteria in conjunction with the density bonus as follows: Article 3, Division 9, Section 3-920.A.3.c.i. Compatibility Criteria – b. Proportionality and scale of the proposed development shall be consistent with the community character of the immediate vicinity of the parcel proposed for development. c. The overall aesthetics of the proposed development shall be compatible with or an improvement to the community character as determined by the community development coordinator. d. The scale and coverage of the proposed development shall be compatible with adjacent properties. If the overall bulk is larger than the surrounding buildings, the bulk may be reduced with the help of design elements such as step backs and setbacks… AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendation from the 2017 LHIS report with no change: 7.1 Continue to allow flexible lot configurations for affordable housing developments while remaining sensitive to the character and context of existing neighborhoods. Implementation: Recommendation 7.1 is already implemented by the Community Development Code and will be continued. 2.1.8 Modification of Street Requirements Strategic Incentive No. 8 (Florida Statute) The modification of street requirements for affordable housing. City of Clearwater Local Housing Incentive Strategies | 22 Economic Development & Housing Department Meeting Synopsis: The City’s street requirements were not identified as an affordable housing barrier during meetings with the AHAC and City staff. Evaluation of Existing Strategy: The City’s general standards for streets are defined in Article 3, Division 19, Section 3-1904 of the Community Development Code: Article 3, Division 19, Section 3-1904. Streets – Generally – A. The functional classification, arrangement, character, extent, width and location of all streets shall conform to the thoroughfare element of the comprehensive plan and shall be considered in their relation to existing and planned streets, topographical and environmental conditions, public convenience and safety, and their appropriate relationship to the proposed use of the land to be served by such streets. Section 3-1904 also specifies minimum right-of-way and lane designations for each classification of roadway, including neighborhood roads. A minimum pavement width of 24 feet plus curb is required for all neighborhood roads, 26 feet plus curb for all local roads, and 37 feet for all collector roads. These requirements are in place to maintain public health and safety. Moreover, the City’s Community Development Code requires that all streets be improved by a developer with paving, curbs or gutters, and sidewalks or on-street parking where necessary. These standards apply to all development, including affordable housing projects. Since the City of Clearwater is nearly built-out, the City’s infrastructure system is already in place and it is not likely that affordable housing projects will need to provide local or collector roads. At most, such projects may require the provision of neighborhood roads internal to the site. AHAC Recommendation: Upon review of current City practices, the AHAC makes no change to the following as previously approved: Because such standards are in place to benefit public health and safety, we do not recommend that the City utilize the modification of street requirements as an incentive for affordable housing. Implementation: Not applicable (no recommendation) City of Clearwater Local Housing Incentive Strategies | 23 Economic Development & Housing Department 2.1.9 Pre-Adoption Policy Consideration Strategic Incentive No.9 (Florida Statute) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. Meeting Synopsis: No specific issues with the City’s current pre-adoption policy consideration process were identified during meetings with the AHAC and City staff. The current process is working. Evaluation of Existing Strategy: The Economic Development & Housing Department typically reviews City policies, procedures, and regulations that may affect the cost of housing as part of its annual reporting for the State Housing Initiatives Partnership (SHIP) program and the Federal Community Development Block Grant and HOME Investment Partnership (HOME) programs. Moreover, the Economic Development & Housing Department typically receives new City Comprehensive Plan and Community Development Code provisions and ordinances for comment and participates in the City’s review process prior to adoption. This review process is maintained as a regular agenda item during Senior Executive Team bi-monthly meetings. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the 2017 LHIS report with no change: 9.1 As part of its annual reporting, the Economic Development & Housing Department should continue to review all regulations and ordinances that may affect the cost of housing. 9.2 Continue the review process maintained by the Senior Executive Team through which any new regulatory instrument created in the City (Ordinances, regulations, etc.) can be evaluated for its effect on housing affordability. Implementation: Recommendations 9.1 and 9.2 are already implemented through either state and federal reporting requirements or regular City staff meetings, which will be continued. City of Clearwater Local Housing Incentive Strategies | 24 Economic Development & Housing Department 2.1.10 Inventory of Public Lands Strategic Incentive No. 10 (Florida Statute) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. Meeting Synopsis: The inventory of public lands was not discussed during the first AHAC meeting on October 13, 2020. At the second AHAC meeting on November 16, 2020, the committee inquired about the properties on the inventory, how often the inventory is updated, if any of the properties are suitable for development, and if so, for what types of development. The AHAC also inquired about how often the properties are turned over or removed from the inventory. City staff indicated that the inventory will be updated this year (2020) and that the average length of time the City owns the properties is approximately one year. The inventory is prepared by City staff, who review City- owned properties on the tax roll and determine which properties may be suitable for housing development. Within this discussion, the AHAC identified the opportunity to incentivize ADUs as potential improvements to properties on the City’s Inventory of Public Lands when contracts for sale are prepared by City staff. Evaluation of Existing Strategy: The City of Clearwater is nearly built-out. Most of the vacant parcels remaining are less than one acre in size. Due to the lack of land to develop affordable housing, the City offers flexibility through the Community Development Code to help developers utilize existing sites for infill and redevelopment projects. To facilitate affordable housing projects, the City keeps an inventory of publicly-owned land suitable for affordable housing titled, “Affordable Housing Inventory List”, which is published on the City’s website: https://www.myclearwater.com/government/city- departments/affordable-housing/documents. The Affordable Housing Inventory List is maintained by Comprehensive Plan policy: Policy C.1.2.6 - The City shall identify vacant and underutilized city-owned property that may be deemed surplus property and make it available for the development of affordable housing. (Housing Element) The Affordable Housing Inventory List is State-mandated by Section 166.0451, F.S. and was triennially updated. Updates occurred in 2009 by City Resolution #09-41 (November 5, 2009), in 2013 by City Resolution #13-10 (June 6, 2013), in 2016 by City Resolution #16-14 (June 16, 2016), and in 2019 by City Resolution #19-10 (June 20, 2019). As of 2019, there were 19 parcels suitable for the development of affordable housing: City of Clearwater Local Housing Incentive Strategies | 25 Economic Development & Housing Department 1. 1454 S. Martin Luther King, Jr. Ave. 2. 1011 La Salle St. 3. 1002 La Salle St. 4. 1408 Monroe Ave. 5. 1112 Palm Bluff St. 6. 912 Nicholson St. 7. 1415 Taft Ave. 8. 1009 N. Garden Ave. 9. 1304 N. Madison Ave. 10. 1529 S. Washington Ave. 11. 1002 Grant St. 12. 1004 Grant St. 13. 0 Marshall St. 14. 1006 Grant St. 15. 406 Vine Ave. 16. 1125 Pierce St. 17. 1129 Pierce St. 18. 0 Pennsylvania Ave. 19. 1006 N. Martin Luther King, Jr. Ave Additionally, the City’s Economic Development & Housing Department has a procedure in place to make publicly-owned land available to prospective developers and non-profit agencies to construct affordable housing. Since 2017, the Planning and Development Department has implemented a foreclosure program targeting properties with substantial code violations. As a result, several properties have been donated for affordable housing development. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the 2017 LHIS report with no change: 10.1 The Economic Development & Housing Department should continue to maintain the inventory of publicly-owned land suitable for the development of affordable housing. 10.2 Continue to publish the public land inventory owned by the City for affordable housing on the City’s webpage for prospective developers and non-profit agencies for developing affordable housing. 10.3 Continue to make publicly-owned land available to prospective developers and non- profit agencies for developing affordable housing. 10.4 The Economic Development & Housing Department should coordinate with the Planning & Development Department to identify properties having repeat code violations that may be suitable for rehabilitation, acquisition, or demolition for affordable housing. Implementation: Recommendations 10.1, 10.2, and 10.3 are already implemented by City staff of the Economic Development & Housing Department and will be continued. Recommendation 10.4 is already implemented by City staff of the Planning & Development Department and will be implemented through ongoing coordination between these two departments. City of Clearwater Local Housing Incentive Strategies | 26 Economic Development & Housing Department 2.1.11 Proximity to Transportation, Employment & Mixed-Use Development Strategic Incentive No. 11 (Florida Statute) The support of development near transportation hubs and major employment centers and mixed-use developments. Meeting Synopsis: No specific issues with the City’s current policies regarding proximity to transportation, employment, and mixed-use development were identified during meetings with the AHAC and City staff. The current policies remain acceptable; however, the Consultant suggested modifying existing Recommendation 11.1 to include other policy references as applicable to the strategic incentive and to specify that such policies are found in the Future Land Use Element (FLUE) of the Comprehensive Plan. Evaluation of Existing Strategy: Generally, the City promotes areas suitable for affordable housing through the Future Land Use Element (FLUE) of the Comprehensive Plan. The FLUE contains a number of policies related to activity centers and transit hubs as part of the City’s overall design structure. Such policies include: Policy A.2.2.7 – Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass transit and other neighborhood-serving land uses. (FLUE) Policy A.5.4.4 – Missouri Avenue from Drew Street to Belleair Road. The creation of affordable housing and mixed-use development should be supported, and lot consolidation and streetscape improvements should be encouraged. [Activity Center] (FLUE) Policy A.5.4.7 – South Fort Harrison Avenue from A Street to E Street. Amendments to the Future Land Use Plan and Zoning Atlas may be considered to promote affordable housing, mixed-use development, and to support the emerging character of the area and Morton Plant Hospital. [Activity Center] (FLUE) Policy A.6.8.7 – Create mixed-use, higher density, livable communities through design, layout and use of walkability techniques within existing and proposed transit corridors, including planned PSTA, Pinellas County MPO and TBARTA lines and potential station locations. (FLUE) Additionally, the FLUE includes the Objective A.6.10 policy series, which establishes transit-oriented land use designations and design standards: Policy A.6.10.8.b(4) – Provide a mixture of housing types affordable to households with a range of incomes within [transit] station areas. (FLUE) The Housing Element of the Comprehensive Plan also supports the location of assisted housing near major activity centers: City of Clearwater Local Housing Incentive Strategies | 27 Economic Development & Housing Department Policy C.1.4.2 – Assisted housing should be located in close proximity to employment centers, mass transit services, parks, and commercial centers. (Housing Element) Additionally, both the City’s Comprehensive Plan and Community Development Code allow flexibility in parking for affordable housing projects if located near a transit stop (see Housing Element Policy C.1.9.3 as well as Community Development Code Article 3, Division 9, Section 3-920.B. for the City’s “affordable housing parking incentive”). AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendation from the 2017 LHIS report with minor changes as shown in strikethrough/underline: 11.1 The City should maintain and enforce implement Future Land Use Element policies A.2.2.7; A.5.4.4; A.5.4.7; A.6.8.7; A.6.10.8; and C.1.4.2 of the City’s Comprehensive Plan. Implementation: Recommendation 11.1 is already implemented by the Comprehensive Plan and will be continued. 2.2 Additional Incentives The following provides synopses of the City’s current practices regarding affordable housing and outlines the AHAC’s evaluation of recommendations related to incentives for the provision of affordable housing not cited in Section 420.9076, F.S. These recommendations were previously approved in 2017 but were evaluated and, if necessary, revised in 2020 to address current affordable housing barriers. 2.2.1 Adaptive Reuse Meeting Synopsis: At the second AHAC meeting on November 16, 2020, the committee identified an opportunity to repurpose vacant churches in the City of Clearwater. The AHAC directed City staff to modify the existing recommendation 12.1 to include “churches” in the list of building types to be converted to affordable housing where permitted. Evaluation of Existing Strategy: The City continues to allow for adaptive reuse if allowed within the zoning district where the affordable housing project is located. Of note, under Florida House Bill 1339 (June 2020), local governments may now approve affordable housing development by right on any parcel zoned for residential, industrial, or commercial use. AHAC Recommendation: City of Clearwater Local Housing Incentive Strategies | 28 Economic Development & Housing Department Upon review of current City practices, the AHAC continues the following recommendation from the 2017 LHIS report with minor changes as shown in strikethrough/underline: 12.1 Continue to allow “adaptive reuse” involving the conversion of surplus and/or outmoded buildings including old churches, school buildings, hospitals, train stations, warehouses, factories, etc. to mixed uses where permitted by zoning district. Implementation: Recommendation 12.1 is already implemented by the Community Development Code and will be continued, with additional consideration given to church buildings. 2.2.2 Land Development Code Meeting Synopsis: No specific issues with the City’s Community Development Code were identified during meetings with the AHAC and City staff. The current standards remain acceptable; however, the AHAC was unaware of the related nonconforming exemption incentive that was approved by a previous AHAC (2014) and adopted by City Council (2015). The AHAC identified the need to promote the nonconforming exemption for affordable housing as an incentive. The AHAC directed City staff and the Consultant to reference the nonconforming exemption for affordable housing in other recommendations related to expedited review timing/process (see Recommendation 1.4), but to continue Recommendation 13.1 with no change. Evaluation of Existing Strategy: Design standards for affordable housing projects are generally addressed by Community Development Code Article 3, Division 9, Section 3-920.A.3.c.i-iii. [Compatibility Criteria, Design Criteria, Green Building Criteria]; however, the “other” criteria referenced in the 2017 AHAC Recommendation 13.1 are not addressed by Section 3-920.A.3.c.i-iii. The 2014 AHAC identified the Community Development Code’s treatment of nonconforming development as a barrier, citing the cost of bringing older properties “up-to-code” as prohibitive to affordable housing. As a result of the 2014 AHAC recommendation to allow certain exceptions to the 50 percent limitation on nonconforming structures, Article 6 of the Community Development Code was modified and adopted as Section 6-102.F.1-6. in June 2015. Because Recommendation 13.2 was successfully implemented, Recommendation 13.2 was not continued by the 2017 AHAC. Only Recommendation 13.1 (design standards) was continued. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the 2017 LHIS report with no change: City of Clearwater Local Housing Incentive Strategies | 29 Economic Development & Housing Department 13.1 Continue to encourage developers to address recommended design standards for affordable housing developments consistent with Sec. 3-920.A.3.c.i-iii. of the City of Clearwater Community Development Code. Other criteria could include but are not limited to: • Provide direct and visual access to open space for residents. • Consider play areas when developing family housing. • Provide nighttime outdoor illumination for safety. • Use landscape standards and buffers when required to screen nuisances and to separate public and private areas. • Centrally-locate common facilities. • Use Crime Prevention Through Environmental Design (CPTED) when practical and financially feasible. • Comply with Federal and State requirements for accessibility improvements. Implementation: Recommendation 13.1 is partially implemented by the Community Development Code. City staff will continue to consider other criteria for potential amendments to Sec. 3-920.A.3.c.i-iii. of the Community Development Code in support of affordable housing. 2.2.3 Communication and Marketing of Affordable Housing Meeting Synopsis: During the first AHAC meeting on October 13, 2020, the committee identified public perception as a barrier to affordable housing and the need for better public education about the benefits of, and opportunities for, affordable housing in Clearwater. Additionally, although many affordable housing incentives are available in Clearwater, few residents and developers are aware of these incentives. The AHAC discussed the need for improved marketing and communications regarding affordable housing, its benefits, and the incentives already provided by the City or through its housing partners. Within this discussion, the AHAC identified the opportunity to partner with the Chamber of Commerce to reach a broad audience. At the second AHAC meeting on November 16, 2020, the committee discussed the need to emphasize “workforce” housing and its benefits rather than using the term “low-income” housing. The AHAC discussed how low-income housing should be rebranded as workforce housing to move away from the stigma. The AHAC identified the need to promote diverse unit types, including tiny homes, “missing middle,” and other alternative housing products as neighborhood-compatible workforce housing with an emphasis on owner-occupied housing. The AHAC discussed conducting an educational campaign by possibly including an insert or similar information piece with utility bills or other regular City communications. City of Clearwater Local Housing Incentive Strategies | 30 Economic Development & Housing Department Evaluation of Existing Strategy: The Economic Development & Housing Department continues to develop materials to better market its services to prospective developers of affordable housing. The Economic Development & Housing Department works with the Public Communications Department to create awareness of affordable housing programs through marketing materials, presentations, and press releases. The City’s “Affordable Housing” webpage is a one-stop resource for affordable housing developers and persons seeking housing assistance: https://www.myclearwater.com/government/city- departments/affordable-housing. The webpage publishes plans and reports produced by the Housing Division, as well as information on the City’s homeless prevention initiatives. While many of the materials recommended by the 2017 AHAC are published on the “Affordable Housing” webpage, there is no “Affordable Housing Central” webpage that consolidates all information applicable to prospective developers of affordable housing (e.g. application criteria permitting process, incentives, etc.). AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendation from the 2017 LHIS report with minor changes as shown in strikethrough/underline: 14.1 Continue to improve current communication channels and marketing materials to reach different stakeholders interested in affordable housing. Some of the suggested actions include but are not limited to: • Conduct an educational campaign, in conjunction with regular City communications, to rebrand affordable housing as workforce housing that supports the diverse needs of residents through a variety of unit/product types compatible with the City’s neighborhoods. • Partner with the Chamber of Commerce to broadly promote the benefits of, and opportunities for, affordable housing development in the City. • Prepare marketing materials for the general public in order to promote the different housing programs that the City offers, including homebuyer education and down payment assistance to support homeownership. • Prepare marketing materials that help developers and the general public to understand the application criteria, permitting process, and the number of incentives available for rehabilitation and new construction of affordable housing units in the City. • Make accessible to the public an inventory and a map of suitable residential vacant land available for development. • Include a section on the City’s webpage called, “Affordable Housing Central,” specifically dedicated to the promotion of affordable housing. City of Clearwater Local Housing Incentive Strategies | 31 Economic Development & Housing Department Implementation: Recommendation 14.1 is partially implemented by City staff; however, not all materials are available on the City’s webpage. City staff of the Economic Development & Housing Department will develop the educational campaign to rebrand affordable housing and form a partnership with the Chamber of Commerce. In coordination with the Planning & Development Department, City staff will improve communication and marketing of affordable housing incentives. 2.2.4 Financing Meeting Synopsis: The AHAC discussed the myriad of funding options available for affordable housing and how the complexity of financing can be daunting to a new-entry developer. The AHAC identified that the City needs to provide more information in a simplified format on the City’s Affordable Housing webpage, including but not limited to information about developer financing as well as housing programs for homebuyer education and down payment assistance. The AHAC directed City staff and the Consultant address this need in other recommendations related to expedited review timing/process (Recommendation 1.3), communication and marketing (Recommendation 14.1), and partnerships (Recommendation 16.1), but to continue Recommendation 15.1 with no change. Evaluation of Existing Strategy: The Economic Development & Housing Department continues to leverage funds with other non- profit housing providers (e.g. Habitat for Humanity of Pinellas County, Community Service Foundation, Bright Community Trust, Tampa Bay Community Development Corporation, CHDOs, etc.) to finance the development of affordable housing, and continuously seeks relationships with new qualified organizations. City staff also seeks new public-private partnerships to help offset public investment and reduce private developer costs, as well as partnerships with other local governments (e.g. Pinellas County) to co-fund impactful projects. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendation from the 2017 LHIS report with no change: 15.1 Diversify financial strategies to contribute to the new construction and maintenance of affordable housing. Implementation: Recommendation 15.1 is already implemented by City staff of the Economic Development & Housing Department and will be continued. City of Clearwater Local Housing Incentive Strategies | 32 Economic Development & Housing Department 2.2.5 Partnerships Meeting Synopsis: During the first AHAC meeting on October 13, 2020, the committee discussed the need to acknowledge that the City’s current workforce is more reliant than other communities on employment sectors that produce lower incomes/wages (e.g. tourism, service, etc.). The inability of homebuyers to qualify for large-enough mortgages continues to be a barrier in the City of Clearwater. This barrier is currently addressed by subsidies such as down payment assistance (DPA); however, as housing costs continue to rise, qualifying for a mortgage becomes less achievable. DPA is needed at higher levels (i.e., higher loan amount per household) to be viable. The AHAC discussed funding fewer households at viable levels, versus many households at unviable payment levels. The AHAC suggested that funding fewer households at viable levels would improve the effectiveness of the City’s DPA program. The AHAC also identified the need for more homebuyer education, particularly for realtors, so that both realtors and potential homebuyers are made aware of the assistance available early-on. At the second AHAC meeting on November 16, 2020, the AHAC discussed the need for more regional and statewide coordination. The AHAC identified the continued need to monitor, and encourage citizens to lobby for, statewide legislative initiatives to gauge the local impact of their provisions. City staff introduced the Pinellas County Countywide Housing Strategy and Advantage Pinellas Housing Compact as an opportunity for improved regional coordination. The AHAC also continued its discussion regarding DPA loan amounts and the increasing costs of housing. The AHAC directed City staff to increase DPA loan amounts, with the understanding that the overall number of loans must decrease to remain financially feasible for continued operation of the City’s DPA program. City staff informed the AHAC that they are already in the process of implementing changes to the DPA program toward this end. Evaluation of Existing Strategy: The Economic Development & Housing Department strives to keep an updated list of affordable housing units and maintains a list of housing partners on the City’s website at https://www.myclearwater.com/government/city-departments/affordable-housing/where-to-get- help. The Department also partners with other affordable housing providers to offer mentoring and technical training, and to address topics such as foreclosure, Fair Housing, and other relevant issues. The Department continues to improve its partnerships with local lenders, continues to work closely with Pinellas County to seek mutual opportunities for the development of affordable housing, and monitors statewide initiatives through the City’s lobbyist. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendation from the 2017 LHIS report with minor changes as shown in strikethrough/underline: City of Clearwater Local Housing Incentive Strategies | 33 Economic Development & Housing Department 16.1 Develop public and private partnerships for the provision of affordable housing: • Prepare, advertise, and maintain an inventory of affordable housing providers/developers and any other related organization. • Provide mentoring and technical training to current and new affordable housing providers/developers. • Encourage and support joint development opportunities between the private sector and non–profits to develop affordable housing. • Engage lenders in an ongoing discussion with the City relative to underwriting and credit standards, technology solutions, as well as the development of financial products in an effort to maximize the financing options available to potential first-time homebuyers through conventional and other lenders. • Coordinate with Pinellas County joint programs for the provision of affordable housing, including the Pinellas County Countywide Housing Strategy and Advantage Pinellas Housing Compact. • Monitor, and encourage citizens to lobby for, the development of statewide legislative initiatives to gauge the local impact of their provisions. • Coordinate with the private sector and non-profits to provide homebuyer education, home warranties and other strategies that reduce the ongoing maintenance risk of homeownership. • Increase down payment assistance loan amounts to be viable for the homebuyer while remaining financially feasible for the continued operation of the City’s program. • Partner with the private sector and non-profits to address third-party barriers to affordable housing and to identify appropriate incentives to reduce labor and material costs for developers and maintenance and insurance costs for homeowners. Implementation: Recommendation 16.1 is already implemented by City staff of the Economic Development & Housing Department through ongoing public and private partnerships, which will be continued. Efforts to reduce the maintenance risk of homeownership and to address third-party barriers to affordable housing will require further coordination with these partners. City staff will coordinate with and closely monitor regional and statewide affordable housing initiatives. In response to AHAC direction, City staff will work to increase the loan amounts available through the City’s DPA program, so that levels are viable for the homebuyer but financially feasible for the program. Appendix Economic Development & Housing Department APPENDIX A: City of Clearwater Resolutions A.1 Resolution #08-15, AHAC Members A.2 Resolution #14-26, AHAC Members A.3 Resolution #17-34, AHAC Members A.4 Resolution #20-50, AHAC Members A.5 Resolution #09-41, Affordable Housing Inventory List A.6 Resolution #13-10, Affordable Housing Inventory List A.7 Resolution #16-14, Affordable Housing Inventory List A.8 Resolution #19-10, Affordable Housing Inventory List RESOLUTION NO. 08-15 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA REGARDING THE AFFORDABLE HOUSING ADVISORY COMMITTEE REQUIRED FOR PURPOSES OF THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ("SHIP") PROGRAM; PROVIDING THAT THE CITY'S NEIGHBORHOOD AND AFFORDABLE HOUSING BOARD NAHAB] SHALL SERVE AS SAID COMMITTEE; APPOINTING EXISTING NAHAB MEMBERS TO THE COMMITTEE; APPOINTING NEW MEMBERS TO THE NEIGHBORHOOD AND AFFORDABLE HOUSING BOARD AND THE COMMITTEE; PROVIDING FOR NEW MEMBER TERMS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted the State Housing Initiatives Partnership Act ("Act") also known as the William E. Sadowski Affordable Housing Act, which allocates a portion of new and existing documentary stamp taxes on deeds to local governments for development of affordable housing through the SHIP Program; and WHEREAS, the Act requires that in order to receive SHIP funds, the local government appoint an Affordable Housing Advisory Committee to recommend monetary and non-monetary incentives for the Affordable Housing Incentive Plan and that its members be appointed by resolution, and it is desirable that the City Neighborhood and Affordable Housing Advisory Board [NAHAB] serve as the Affordable Housing Advisory Committee; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the following existing members of the Neighborhood and Affordable Housing Board are hereby appointed as members of the Affordable Housing Advisory Committee for the State Housing Initiatives Partnership Program: Donald Brackett (retired builder) representing the residential home building industry Lisa Hughes (Coordinated Child Care) as an advocate for low- income persons in connection with affordable housing Kip Corriveau (Salvation Army) representing not-for-profit provider of affordable housing Peggy Cutkomp (Prudential Tropical Realty) representing those who are actively engaged as a real estate professional in connection with affordable housing Resolution No. 08-15 Laurel Braswell (Homemaker) as citizen who resides within the City of Clearwater Josephine Carbone (retired Realtor) as citizen who resides within the City of Clearwater Section 2. That the following persons are hereby appointed to the Neighborhood and Affordable Housing Board and as members of the Affordable Housing Advisory Committee for the State Housing Initiatives Partnership Program: Samuel Davis (Wells Fargo Mortgage) representing the banking or mortgage industry in connection with affordable housing Nick Pavonetti (PDC Affordable Housing) representing those areas of labor engaged in home building in connection with affordable housing Peter Leach (Southport Financial Services) representing the for- profit provider of affordable housing Jordan Behar (Behar Design and Associates, Inc.), who serves on the local planning agency Kevin Gartland (Clearwater Regional Chamber of Commerce) representing employers within the City of Clearwater Tony Longhorn (Pinellas County School Board) representing essential services personnel The term of office of said six members will be four years per Code of Ordinances Section 2.226(3). Section 3. This resolution shall take effect immediately upon adoption, and is subject to the adoption of Ordinance No. 7981-08. PASSED AND ADOPTED this 19th day of June 2008. y~ In-ank V. Hibbard Mayor Approved as to form:Attest: Leslie K. Doug City Attorney 2 RESOLUTION NO. 14 -26 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPOINTING THE AFFORDABLE HOUSING ADVISORY COMMITTEE ( "COMMITTEE ") IN ACCORDANCE WITH FLORIDA STATUTE SECTION 420.9076, AND REQUIRED FOR PURPOSES OF THE STATE HOUSING INITIATIVES PARTNERSHIP ( "SHIP ") PROGRAM; PROVIDING THAT THE CITY'S NEIGHBORHOOD AND AFFORDABLE HOUSING ADVISORY BOARD ( "NAHAB ") SHALL SERVE AS SAID COMMITTEE; APPOINTING EXISTING NAHAB MEMBERS TO THE COMMITTEE; APPOINTING ADDITIONAL MEMBERS TO THE COMMITTEE IN ACCORDANCE WITH SECTION 2.228, CODE OF ORDINANCES OF THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted the State Housing Initiatives Partnership Act ( "Act ") also known as the William E. Sadowski Affordable Housing Act, which allocates a portion a new and existing documentary stamp taxes on deeds to local governments for development of affordable housing through the SHIP Program; and WHEREAS, the Act requires that in order to receive SHIP funds, the local government appoint an Affordable Housing Advisory Committee to recommend monetary and non - monetary incentives for the Affordable Housing Incentive Plan and that its members be appointed by resolution; and it is desirable that the City Neighborhood and Affordable Housing Advisory Board ( "NAHAB ") serve as the Affordable Housing Advisory Committee; now therefore BE IT RESOVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1: That the following existing members of the Neighborhood and Affordable Housing Advisory Board are hereby appointed as members of the Affordable Housing Advisory Committee: Michael Potts representing the residential home building industry Linda Kemp representing the banking or mortgage industry in connection with affordable housing Lisa Hughes as an advocate for low- income persons in connection with affordable housing Peggy Cutkomp representing those who are actively engaged as a real estate professional in connection with affordable housing Vicki Adelson as citizen who resides within the City of Clearwater Kristin Dailey representing employers within the City of Clearwater Resolution No. 14 -26 SECTION 2: That the following persons are hereby appointed to the Affordable Housing Advisory Committee: Ronald Spoor representing those areas of labor engaged in home building in connection with affordable housing Michael Boutzoukas who serves on the local planning agency Peter Leach representing the for - profit provider of affordable housing Bob Clifford representing essential services personnel Jacqueline Rivera representing a not - for - profit provider of affordable housing SECTION 3: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9 n Hi day of August , 2014. Approved as to form: C._// Laura Mahony Assistant City Attorney Ceorie- cy'Ckk( George N. Cretekos Mayor Attest: Rosemarie CaII City Clerk Resolution No. 14 -26 RESOLUTION 09-41 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DETERMINING THE CITY HOLDS FEE SIMPLE TITLE IN AND TO 2 PARCELS OF LAND LYING AND BEING SITUATE WITHIN ITS CORPORATE LIMITS THAT ARE APPROPRIATE FOR USE AS AFFORDABLE HOUSING AS DEFINED IN SECTION 166.0451, FLORIDA STATUTES; ESTABLISHING AN INVENTORY LISTING OF SAID PARCELS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 166.0451, Florida Statutes, requires that every three years each municipality within the State of Florida shall prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title that is appropriate for use as affordable housing; and, WHEREAS, the inventory list must include the address and legal description of each such property and specify whether the property is vacant or improved; and, WHEREAS, the governing body of the municipality must review the inventory list at a public hearing, and may revise it at the conclusion of the public hearing; and, WHEREAS, Resolution 08-01 established the first Affordable Housing Inventory in 2008 with twenty-nine (29) parcels of city-owned land; and, WHEREAS, after further review and physical inspection of each parcel, certain parcels adopted therein have now been determined to be inappropriate for said list because of lot size or location in a community redevelopment area; and, WHEREAS, the list is hereby revised to include only those properties deemed appropriate for use as affordable housing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the following two parcels of vacant land as identified in EXHIBIT "A" appended hereto are hereby determined to be appropriate for use Resolution No. 09-41 OZ::s!~ n ~C/)zzml -lmu 'l:I: r- lXImN~C:C"l0C/)::U8~~C"l~ coo' u"'0CIC:C"l oco..."",u'll...""~o Ci)::O:r-o z"Si""Ci)"'o-C"l cooooco>c: N ,Ill ::uIoocoo .. o N 3: KEN BURKE, CLERK OF COURTANDCOMPTROLLERPINELLAS COUNTY, FLINST# 2013201914 06120/2013 at 01:31 PM OFF ype GOV RECORDING6 pocType $ 27.00 RESOLUTION 13 -10 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DETERMINING THE CITY HOLDS FEE SIMPLE TITLE IN AND TO TWO PARCELS OF LAND LYING AND BEING SITUATE WITHIN ITS CORPORATE LIMITS THAT ARE APPROPRIATE FOR USE AS AFFORDABLE HOUSING AS DEFINED IN SECTION 166.0451, FLORIDA STATUTES; ESTABLISHING AN INVENTORY LISTING OF SAID PARCELS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 166.0451, Florida Statutes, requires that by July 1, 2007, and every three years thereafter, each municipality within the State of Florida shall prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title that is appropriate for use as affordable housing; and, WHEREAS, the inventory list must include the address and legal description of each such property and specify whether the property is vacant or improved; and, WHEREAS, the governing body of the municipality must review the inventory list at a public hearing, and may revise it at the conclusion of the public hearing; and, WHEREAS, the City Council now desires to formally establish the 2013 Affordable Housing Inventory list of real property deemed appropriate for use as affordable housing as required by law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the following two (2) parcels of vacant land as more particularly described in EXHIBIT "A ", attached hereto and incorporated herein, are hereby determined to be appropriate for use as affordable housing as defined in Section 166.0451 and 420.0004, Florida Statutes. Section 2. That the City holds fee simple title in and to both of said parcels. Section 3. That the inventory listing of the herein described parcels of land shall be titled the "2013 Affordable Housing Inventory List ". Resolution No. 13 -10 Section 4. That the City Clerk is hereby directed to record this Resolution in the Public Records of Pinellas County, Florida. Section 5. That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 6th day of June , 2013. Approved as to form: Laura Lipowski Mahony Assistant City Attorney c eo(1 t , Cit'kcIos George N. Cretekos, Mayor Attest: MU06- 1313 - 002/46844/1] Resolution No. 13 -10 EXHIBIT "A" 2013 AFFORDABLE HOUSING INVENTORY LIST 918 PALMETTO ST. PENNSYLVANIA SUB., LOT 5 VACANT 1454 S. MLK, JR. AVE. COMMENCE AT THE NW CORNER OF VACANT S. MLK, JR. AVE. AND WOODLAWN ST. THEN RUN N 320 FT TO THE POINT OF BEGINNING; THEN W 260.4 FEET; THEN N 225.00 FEET; THEN E 260.4 FEET; THEN S 225.00 FEET TO THE POINT OF BEGINNING. MU06- 1313 - 002/46844/1] Resolution No. 13 -10 RESOLUTION 19-10 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DETERMINING THE CITY HOLDS FEE SIMPLE TITLE IN AND TO NINETEEN PARCELS OF LAND LYING AND BEING SITUATE WITHIN ITS CORPORATE LIMITS THAT ARE APPROPRIATE FOR USE AS AFFORDABLE HOUSING AS DEFINED IN SECTION 166.0451, FLORIDA STATUTES; ESTABLISHING AN INVENTORY LISTING OF SAID PARCELS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 166.0451, Florida Statutes, requires that by July 1, 2007, and every three years thereafter, each municipality within the State of Florida shall prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title that is appropriate for use as affordable housing; and, WHEREAS, the inventory list must include the address and legal description of each such property and specify whether the property is vacant or improved; and, WHEREAS, the governing body of the municipality must review the inventory list at a public hearing, and may revise it at the conclusion of the public hearing; and, WHEREAS, the City Council now desires to formally establish the 2019 Affordable Housing Inventory list of real property deemed appropriate for use as affordable housing as required by law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the following nineteen (19) parcels of vacant land as more particularly described in EXHIBIT "A", attached hereto and incorporated herein, are hereby determined to be appropriate for use as affordable housing as defined in Section 166.0451 and 420.0004, Florida Statutes. Section 2. parcels. Section 3. That the inventory listing of the herein described parcels of land shall be titled the "2019 Affordable Housing Inventory List". That the City holds fee simple title in and to all of said Resolution No. 19-10 Section 4. That the City Clerk is hereby directed to record this Resolution in the Public Records of Pinellas County, Florida. Section 5. That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ifS/` day of'34A-A-(2-, 2019. C rtcAcrAdes George N. Cretekos, Mayor Approved as to form: Attest: 0LL L I W ` J L. a fi L Laura Mahony dor Rosemarie Call, ity C e k Assistant City Attorney II Resolution No. 19-10 EXHIBIT "A" 2019 AFFORDABLE HOUSING INVENTORY LIST 1454 S. MLK, JR. AVE. 1011 LA SALLE ST. 1002 LA SALLE ST. 1408 MONROE AVE. 1112 PALM BLUFF ST. 912 NICHOLSON ST. 1415 TAFFT AVE. 1009 N GARDEN AVE. COMMENCE AT THE NW CORNER OF S. MLK, JR. AVE. AND WOODLAWN ST. THEN RUN N 320 FT TO THE POINT OF BEGINNING; THEN W 260.4 FEET; THEN N 225.00 FEET; THEN E 260.4 FEET; THEN S 225.00 FEET TO THE POINT OF BEGINNING. 22/29/15/00000/320/1300 GREENWOOD MANOR, LOT 7 AND SOUTH '/ OF LOT 6. 10/29/15/33498/000/0070 PALM PARK SUB., BLOCK D, LOT 15 10/29/15/65718/004/0150 LINCOLN PLACE SUB., BLOCK 4, LOT 4 10/29/15/51948/004/0040 GREENWOOD PARK NO. 2 SUB., BLOCK F, LOT 39 10/29/15/33552/006/0390 PINE CREST SUB BLK 2, LOT 7 AND % VAC ALLEY ADJ ON N 10/29/15/69138-002-0070 VACANT VACANT VACANT VACANT VACANT VACANT LINCOLN PLACE SUB., BLOCK 1, LOT 16 VACANT 10/29/15/51948/001/0160 ELDRIDGE, J. J. PART OF LOTS 36 & 37 VACANT DESC FROM SW COR OF SD LOT 36 TH NE'LY 33.7FT ALG WLY LOT LINE FOR POB TH CONT NE'LY 41.3FT ALG W'LY LOT LINE TO POINT 12.5FT N OF SW COR OF SD LOT 37 TH E'LY 125FT ALG LINE PARALLEL TO S BNDRY OF LOT 37 TO E'LY BNDRY OF SD LOT 37 TH SWLY 65.07FT ALG E'LY LOT LINES TO POINT 9.30FT N OF SE COR OF LOT 36 TH NWLY TO POB 09/29/15/25542/004/0360 Resolution No. 19-10 1304 N MADISON AVE. FAIRMONT SUB BLK G, LOT 11 & N 19.2FT OF LOT 12 10/29/15/26892/007/0110 1529 S WASHINGTON CAROLINA TERRACE ANNEX LOT 16 AVE. 22/29/15/13680/000/0160 VACANT 1002 GRANT ST. NORWOOD 1ST ADD BLK 6, LOT 6 VACANT 10/29/15/61758/002/0060 1004 GRANT ST. NORWOOD 1ST ADD BLK B, LOT 7 VACANT 10/29/15/61758/002/0070 0 MARSHALL ST. NORWOOD 1ST ADD BLK B, N 1/2 OF LOT 8 VACANT 10/29/15/61758/002/0080 1006 GRANT ST. NORWOOD 1ST ADD BLK B, S 1/2 OF LOT 8 VACANT 10/29/15/61758/002/0081 406 VINE AVE. DREW PARK LOT 8 VACANT 10/29/15/22518/000/0080 1125 PIERCE ST. PADGETTS SUB, R.H. OF ORIG LOTS 2 VACANT 5 LOT 8 LESS A TRIANGLE 45.5 FT X 65FT IN SW COR IN ST 15/29/15/65214/002/0080 1129 PIERCE ST. O PENNSYLVANIA AVE. 1006 N MARTIN LUTHER KING JR. BLVD. PADGETT'S SUB, R.H. OF ORIG LOTS 2 & VACANT 5 LOT 9 15/29/15/65214/002/0090 PALM PARK UNNUMBERED BLK, S 50FT OF W 100FT OF LOT 32 10/29/15/65718/000/0321 PALM PARK UNNUMBERED BLK, S 50FT OF E 100FT OF LOT 32 LESS RD RM/ ON E 10/29/15/65718/000/0325 VACANT VACANT Resolution No. 19-10 Appendix Economic Development & Housing Department APPENDIX B: Affordable Housing in Clearwater B.1 Housing Affordability Affordability refers to the capacity that all income levels have to access a “decent and adequate” housing unit within the housing market, either for rental or ownership. One measurement of affordable housing is the percentage of annual income that a household pays toward housing-related costs. The U.S. Department of Housing and Urban Development (HUD) defines “Cost Burdened” as when a household spends more than 30% of their income on housing costs. However, for some State programs the burden could be up to 35% depending on a specific household’s capacity. A household that pays more than 50% of its annual income toward housing costs is considered by HUD to be “Severely Cost Burdened.” According to the Shimberg Center for Affordable Housing and Florida Housing Data Clearinghouse, in 2020, 41% of the City’s households pay more than 30% of their income for housing. By comparison, 35% of households statewide are cost-burdened. Approximately 19% of the City’s households pay more than 50% of income for housing. The City of Clearwater’s Comprehensive Plan defines affordable housing in Policy C.1.2.5 of the Housing Element: “C.1.2.5 – Define Affordable Housing as any residential dwelling unit leased or owned by a household with a household income of one hundred twenty percent (120%) or less of the adjusted area median family income for Pinellas County, Florida, as determined by the U.S. Department of Housing and Urban Development (HUD). The rental rates for leased Workforce Affordable Housing Units shall not exceed the rates published by the Florida Housing Finance Corporation for annual “Maximum Rents by Number of Bedroom Unit” for the Tampa-St. Petersburg-Clearwater Metropolitan Statistical Area (MSA). For non- rental units, the sales price may not exceed ninety percent (90%) of the average area price for the Tampa-St. Petersburg-Clearwater MSA, as established by the annual revenue procedure which provides issuers of qualified mortgage bonds, as defined in Section 143(a) of the internal Revenue Code, and issuers of mortgage credit certificates, as defined in Section 25(c) of the Internal Revenue Code, with the nationwide average purchase price for the residences located in the United States.” B.2 Barriers and Incentives According to HUD, a regulatory barrier is "a public regulatory requirement, payment, or process that significantly impedes the development or availability of affordable housing without providing a commensurate health and/or safety benefit."2 Understanding barriers is the first step to transform them 2 Stowell, C; Shelburne, M. (2004). Responding to HUD's Affordable Communities Initiative: Will It Make a Difference? The Practitioner Planner, American Planning Association, Winter 2004. Appendix Economic Development & Housing Department into incentives for the supply of affordable housing. The AHAC conducted a comprehensive overview of affordable housing barriers to understand potential relationships of what, from the City’s perspective, could be done to incentivize the supply of affordable housing. This comprehensive approach helped the AHAC to look beyond the analysis required by Section 420.9076, F.S. and to prioritize recommendations. In that sense, the recommendations of the AHAC targeted areas and barriers within the domain of the City of Clearwater’s basic responsibilities: provide policy direction through the City’s Comprehensive Plan; provide incentives through the Community Development Code; and facilitate information and the permitting process. Chart 1 summarizes potential barriers to affordable housing. Chart 1: Affordable Housing Barriers Appendix Economic Development & Housing Department B.3 Issues in Supplying Affordable Housing Built-out communities, such as Clearwater, have pressures for the provision of affordable housing due to increased land values; the limited availability of vacant developable land; skyrocketing construction costs due to demand for building material supplies; and labor outpacing supply. In addition, other costs of home acquisition (i.e., property taxes and insurance) create a financial burden for citizens. Beginning in 2008 and most recently in 2017, the AHAC identified the most significant issues for the provision of affordable housing in the City. The following summarizes the significant issues that are still relevant in 2020: • Lack of available land, density, and diversity of housing types. Because the City of Clearwater is mostly built-out, affordable housing development opportunities are limited due to the lack of available land. This places a priority on density and parking allowances, which offset the lack of available land. Although the City currently maintains a density bonus and parking waiver for affordable housing, these incentives need to be reconsidered as part of the City’s Comprehensive Plan update. To help improve the perception of affordable housing and support the diverse needs of residents, such incentives need to promote mixed- income development at sufficient density to be viable. Moreover, policies that allow for a diversity of housing types, including “missing middle” and accessory dwelling units are also a priority toward this end, as well as toward improving the public perception of affordable housing. • Lack of information about the permitting process for affordable housing projects. The overall permitting process is perceived as tedious, in part due to various review levels and related requirements that may add time to a project. To facilitate permitting of affordable housing, the City of Clearwater has an expedited permitting form titled, “Request for Expedited Permit Processing for Affordable Housing Activity” and corresponding process that when utilized quickly expedites permitting. However, few applicants are aware of this form. Although the City maintains a brochure describing the general development review and permitting process, the brochure is not specific to affordable housing. These barriers can be addressed by better advertisement of the form and creation of a brochure specific to affordable housing. This information should be made available in conjunction with an improved webpage design to elucidate the City’s affordable housing incentives, financing options, and review and permitting process. • Complex Homebuyer Financing/Financial Assistance. The inability of homebuyers to qualify for large-enough mortgages is a barrier in the City of Clearwater. Layered financing and other strategies to match prospective homebuyers with affordable housing is becoming more common practice due to the high cost of housing. This barrier is currently addressed by subsidies such as down payment assistance; however, as housing costs continue to rise, qualifying for a mortgage becomes less achievable. Consequently, options within the affordable housing market (large units vs. small units, amenities, etc.) become more limited and more competitive. Homebuyer education is needed, particularly for realtors, so that financing options can be identified early-on. Appendix Economic Development & Housing Department • Limited information on City’s affordable housing incentives and programs. Although many affordable housing incentives are available in the City of Clearwater, few residents and developers are aware of these incentives. There is a need for improved marketing and communications regarding affordable housing, its benefits, and the incentives already provided by the City or through its housing partners. Technology should be leveraged to facilitate information sharing by links, videos, or virtual meetings and to remove the need for hard-copy submittals and in-person attendance. An improved webpage design to clearly explain the City’s affordable housing incentives, financing options (e.g. grant programs), and review and permitting process would be beneficial to developers both experienced and new to affordable housing. • Public perception of affordable housing developments. There is a public perception that affordable housing in the City of Clearwater, whether a full-scale development or a single accessory dwelling unit, will have a negative impact on neighborhoods. As such, better public education about the benefits of, and opportunities for, affordable housing in the community is needed. Such education should emphasize that affordable housing is not limited to “low-income” housing but includes workforce housing and a diversity of housing types to support a mix of income levels and diverse resident needs. Affordable housing supports “essential workers” and is good for the City. Appendix Economic Development & Housing Department APPENDIX C: Values, Principles and Vision C.1 The Value of Affordable Housing The AHAC discussed and confirmed the value that affordable housing brings to the City’s development. The AHAC found that affordable housing in the City of Clearwater: A) Supports a dynamic and competitive economy. There is an intrinsic relationship between a dynamic economy and affordable housing. The existence of affordable housing units is a variable that supports business location thus job creation. The City, which is nearly built-out, has the opportunity to capitalize on its existing urban fabric through urban renewal and infill development. Such investment in the City would have positive impacts on the local economy and increase Clearwater’s ability to compete with other cities. B) Improves social well-being and build sense of community. Housing is a fundamental human need. Consideration of social well-being, including long-term housing stability, is imperative for the future of the City. There is a need for improved job opportunities, as well as for a simple, understandable process for achieving housing, especially for those in low to moderate-income households. Education and motivation for home ownership are also important aspects of the City’s future. C) Ensures that the City’s workforce can live within the City. There is a growing need for affordable “workforce” housing within the community, specifically for police, fire, and other service employees. There is also a need to draw the workforce back into the City to reduce commute distances, to reduce crime, and to restore a sense of pride in the community. C.2 Principles for Clearwater’s Affordable Housing The AHAC discussed and confirmed the principles that the provision of affordable housing in the City of Clearwater should embrace. The AHAC found that affordable housing in the City of Clearwater should be: 1) Affordable over the long-term. Affordable housing is readily available, and reasonably-priced; mortgage rates for affordable housing are structured to allow people to keep their homes over the long-term. Rental rates for affordable housing are fair and reasonable; and the cost of maintaining a home (e.g. fees, maintenance, etc.) is practical. 2) Diverse supply that provides for a mix of income levels and the diverse needs of residents. Affordable housing is comprised of diverse unit types that support a mix of income levels and the diverse needs of residents, incorporating rental and ownership opportunities. 3) Sustainable, well-designed and minimizes physical barriers to accessibility. Appendix Economic Development & Housing Department Affordable housing uses innovative and sustainable materials and technologies. Its design is aesthetically pleasing and blends into the architectural fabric of the community. Structures are safe, functional and aesthetic. Floor plans are designed for “living” and construction materials, including fixtures, are energy efficient. 4) In character with the surrounding neighborhood. Affordable housing is sited in a manner that enhances the existing character of neighborhoods and provides safe open spaces. Public spaces are visible but well-landscaped so as to blend into the context of the neighborhood. Fences or other barriers are architectural and transparent. 5) Strategically-located and pedestrian-oriented with access to mass transit, open spaces, educational institutions, and employment or workforce training opportunities. Affordable housing is located near civic centers, educational institutions, and employment opportunities. Residents enjoy pedestrian-oriented facilities with access to mass transit and open spaces. C.3 Vision In order to develop a vision for affordable housing as part of the Local Housing Incentive Strategies, the AHAC summarized the value of providing affordable housing for the City as well as the principles. The following statement summarizes the AHAC’s vision of affordable housing for the City: The City of Clearwater will encourage the development of a diverse supply of housing that is safe, affordable, sustainable, and well-designed that blends into the character of the City’s neighborhoods proximate to public amenities and employment opportunities, which supports an inclusive community and the diverse needs of residents. Appendix Economic Development & Housing Department APPENDIX D: Advisory Committee Meeting Summaries D.1 AHAC Meeting #1, October 13, 2020 D.2 AHAC Meeting #2, November 16, 2020 CLW2075.01M 1 of 4 2020 Update of Local Housing Incentive Strategies     AHAC Meeting #1 | October 13, 2020 | 9:30 a.m.  Council Chambers, Main Library (100 N Osceola Ave.)      MEETING SUMMARY  The City of Clearwater requested that Wade Trim facilitate an update of the City’s Local Housing  Incentives Strategy (LHIS) report, which was last updated in 2017. An 11‐member Affordable Housing  Advisory Committee (AHAC) representing various affordable housing interests was appointed by the City  Council on September 17, 2020 to evaluate and update the 2017 LHIS report. The first meeting with the  AHAC was held on October 13, 2020 at Council Chambers, Main Library (100 N Osceola Ave.). Eight (8)  AHAC members, City staff, and the City’s consultant attended the meeting:      Linda Kemp    Representative of the banking or mortgage industry in connection   with affordable housing   Peter Scalia    An advocate for low‐income persons in connection with affordable   housing   Camille Hebting    Representative of employers within the City of Clearwater   Kevin Chinault    Representative of a not‐for‐profit provider of affordable housing   Pierre Cournoyer   Representative of the residential home building industry   Michael Boutzoukas Member serving on the local planning agency   Jacqueline Rivera  Representative of essential services personnel   Kathleen Beckman  A locally elected official (City Councilmember)   Denise Sanderson  City of Clearwater, Economic Develop. & Housing, Director   Chuck Lane  City of Clearwater, Economic Develop. & Housing, Assistant Director   Gina Clayton    City of Clearwater, Planning and Development, Director   Patricia Sullivan  City of Clearwater, Board Reporter   Kara Grande    City of Clearwater, Economic Develop. & Housing, Housing Specialist    Brenda Douglas    City of Clearwater, Economic Develop. & Housing, Senior Accountant   Terry Malcolm‐Smith  City of Clearwater, Economic Develop. & Housing, Housing Coordinator   Amanda Warner   Wade Trim, Planner (City’s Consultant)   Sarah Mastison  Wade Trim, Planner (City’s Consultant)    Three (3) AHAC members were not in attendance: Maria (Gaby) Camacho (representing those areas of  labor engaged in home building in connection with affordable housing), Peggy Cutkomp (representing  those who are actively engaged as a real estate professional in connection with affordable housing), and  Carmen Santiago (as a citizen who resides within the City of Clearwater).    The purpose of this first AHAC meeting was to educate the new committee on the City’s existing LHIS  report, review its values, principles and vision, as well as identify current barriers and potential incentives  related to the facilitation of affordable housing in the City of Clearwater. The first AHAC meeting was  publicly advertised on the City’s Granicus system and held as a virtual (Zoom) meeting with a published  link to attend.    Welcome and Introductions  City staff welcomed the committee members and introduced the Consultant. The Consultant explained  the purpose of the meeting and provided an overview of the agenda for the meeting, to include a  presentation and facilitated committee discussion.   CLW2075.01M 2 of 4 Summary of Presentation to AHAC The Consultant presented an overview of the LHIS update process, including the history and duties of the  AHAC, meeting requirements, schedule of events toward approval/submittal, definitions of affordable  housing, and components of the LHIS report. This overview was presented in Microsoft PowerPoint  format. The schedule of events presented to the AHAC included:     August 2020 – City designates staff and selects AHAC members   September 17, 2020 – City Council appoints members to AHAC   October‐November 2020 – AHAC meets to update LHIS report   December 1, 2020 – AHAC holds public hearing to approve updated LHIS report    December 3, 2020 – City Council holds public hearing to approve updated LHIS report and submit  to Florida Housing Finance Corporation (FHFC)   December 31, 2020 – Deadline to submit LHIS report to FHFC   March 31, 2021 – City Council to adopt amendments to LHAP to incorporate LHIS   May 2, 2021 – Submit amended LHAP with proof of City Council approval to FHFC    The Consultant presented the value statements of the 2017 LHIS report and invited feedback from the  AHAC members on whether the values still resonate with current affordable housing issues in the City of  Clearwater. The AHAC deemed all values in the 2017 LHIS report still relevant to affordable housing in the  City of Clearwater. These values will be continued in the 2020 LHIS report.     The Consultant presented the principle statements of the 2017 LHIS report and invited feedback from the  AHAC members on whether the principles still resonate with current affordable housing issues in the City  of Clearwater. The AHAC directed the Consultant to edit principle #2 to reference diversity of  residents/diverse needs of residents. The AHAC also directed the Consultant to edit principle #5 to  reference access/proximity to mass transit, educational institutions, and workforce training/employment  opportunities.    The Consultant presented the vision statement of the 2017 LHIS report and invited feedback from the  AHAC members on whether the vision still resonates with current affordable housing issues in the City of  Clearwater. The AHAC directed the Consultant incorporate the same edits made to principles #2 and #5  (see above) into the vision statement, so that references to diversity of residents/diverse needs of  residents and access/proximity to mass transit, educational institutions, and workforce  training/employment opportunities appear within the vision statement.     As a result of AHAC direction, the Consultant will bring back revised language specific to the principle and  vision statements for consideration by the AHAC at the next meeting scheduled for November 5, 2020.    Committee Discussion  During the meeting, AHAC members were asked to discuss any perceived barriers to affordable housing  that presently exist, as well as potential incentives to reduce these barriers. Members were asked to  consider barriers and incentives with regard to City programs/procedures, the City’s Comprehensive Plan,  and the City’s Community Development Code. The following provides a summary of the Committee’s  discussion of current issues affecting the provision of affordable housing in the City of Clearwater.    Density  The AHAC discussed density as a barrier to affordable housing. An AHAC member provided an example of  a project that failed due to limitations on allowable density and parking, which did not allow the “best‐ use” of the property. The AHAC discussed how more coordination is needed between the city, county,  and developers to identify solutions to the limitations that density requirements pose. City staff  mentioned that the density bonus policies currently in place can be reconsidered and adjusted during the  upcoming Comprehensive Plan update, and that a regional approach to the density bonus could be  CLW2075.01M 3 of 4 considered. An AHAC member provided an example of a positive affordable development. The AHAC  discussed the need for more “mixed‐income” development that promotes diversity of housing types and  income levels. Such mixed‐income development would help improve the perception of affordable housing  as concentrated in one area versus another. Furthermore, the AHAC discussed the importance of  supporting the diversity of residents (e.g. ages, needs, income levels, etc.) both on a project basis and as  part of a comprehensive affordable housing strategy. The AHAC and City staff further discussed the need  to reconsider the density bonus as part of the Comprehensive Plan update to determine if the bonus  promotes mixed‐income and sufficient density to be viable. An AHAC member conveyed the idea that the  City’s density bonus should be competitive to incentivize people to develop in the City versus other areas  of Pinellas County.     Timing/Process  The AHAC discussed that the review and permitting process can be time‐consuming, and that the  perception of developers is that there is too much bureaucratic “red tape”. The AHAC discussed the need  to smooth the path for affordable housing development. The AHAC praised City staff for being helpful and  facilitating the review and permitting process by resolving issues/barriers quickly; however, the overall  permitting process was still perceived as tedious. The AHAC referenced the City’s different review levels  and related requirements that may add time to a project.    Parking Regulations  Parking requirements are still perceived as a barrier to affordable housing. The AHAC discussed borrowing  standards from Pinellas County and further reducing or eliminating parking standards beyond the  incentives the City currently offers under the density bonus in the Community Development Code.    Financial Assistance  The AHAC discussed the need to acknowledge that the City’s primary industries are employment sectors  that produce lower incomes/wages. Mortgage/down‐payment assistance is needed at higher levels (i.e.,  higher dollar amount per household) to be viable. The AHAC discussed possibly funding fewer households  at viable payment levels, versus many households at unviable payment levels. The AHAC suggested that  this approach would improve the effectiveness of the mortgage/down‐payment assistance program. The  AHAC also identified the need for more homebuyer education, particularly for realtors, so that both  realtors and potential homebuyers are made aware of the assistance available early‐on.    Use of Technology for Information Sharing/Education  The AHAC discussed the need to support the use of technology to facilitate affordable housing  development. The current COVID‐19 pandemic has provided more flexibility to affordable housing  developers, allowing them to get things done quickly through enhanced technology. For example,  information/link sharing, virtual meeting platforms, YouTube videos, etc. remove the need for hard  copies, travel, and in‐person attendance. The AHAC discussed exploring the use of a multi‐faceted  approach to information sharing including the City’s website, YouTube videos, virtual seminars and  forums, etc. to educate developers, as well as lenders/investors, and other financial stakeholders, about  affordable housing development incentives and the City’s review and permitting process. These  educational opportunities would be particularly beneficial for first‐time affordable housing developers.  Pinellas County’s recent six‐part webinar series on affordable housing was identified as a potential model  that should be considered. An AHAC committee member offered to provide a link for the County’s six‐part  webinar series to County staff, so that the link can be shared with the committee and considered.     Marketing/Messaging  The AHAC discussed public perception as a barrier to affordable housing. The AHAC identified the need to  promote affordable housing and workforce housing as “good for the City”. Such promotion efforts should  include public education about the benefits of, and opportunities for, affordable housing in the City of  Clearwater (i.e., to promote a “we welcome affordable housing” message). The AHAC suggested that  these promotion efforts be made in partnership with the Chamber of Commerce to reach a broad  audience.  CLW2075.01M 4 of 4   Accessory Dwelling Unit  The AHAC discussed efforts to promote accessory dwelling units using regional examples. One example  that was discussed was the City of Dunedin’s program that offers pre‐approved plans for accessory  dwelling units to facilitate development review compliance. Based on the discussion, such a program  would provide a template to property owners that want to add accessory dwelling units but are not sure  how to go about permitting them. It was discussed that such a program with pre‐approved plans would  expedite the approval process for accessory dwelling units.    Next Steps  After the committee discussion, the Consultant referenced the 2020 Inventory & Evaluation of Affordable  Housing Incentives (2020 Inventory handout) that was previously emailed to the committee on October 9,  2020. The Consultant requested that AHAC members review the 2017 LHIS report and 2020 Inventory  handout as to whether or not the past recommendations should be continued, modified or removed as  part of the LHIS update.    The second AHAC meeting will be held on November 5, 2020, at 9:30 a.m. at the Main Library (100 N.  Osceola Avenue) in either the Council Chambers or the second‐floor Board Room. During this second  AHAC meeting, City staff and the Consultant will respond to questions generated during the first AHAC  meeting or through review of the City’s current practices, and then facilitate AHAC discussion of critical  recommendations for inclusion in the 2020 LHIS report.    The Consultant concluded the meeting with a reminder that the AHAC is a public advisory board and is  subject to Florida’s “Sunshine Law” therefore committee members may not discuss AHAC matters with  other committee members outside of a properly noticed and recorded public meeting. The Consultant  encouraged AHAC members to contact City staff directly to discuss AHAC matters.    UPDATES SINCE OCTOBER 13, 2020  After the first meeting with the AHAC on October 13, 2020, there were several changes to the schedule of  events toward approval/submittal of the LHIS update. These changes resulted in a schedule that is  different from what was presented to the AHAC on October 13, 2020 and in the meeting summary above.  The AHAC was notified of these schedule changes via subsequent emails from City staff. Corresponding  updates to the meeting summary above are identified in strikethrough and underline format below:     August 2020 – City designates staff and selects AHAC members   September 17, 2020 – City Council appoints members to AHAC   October‐November 2020 – AHAC meets to update LHIS report   December 1 15, 2020 – AHAC holds public hearing to approve updated LHIS report    December 3 17, 2020 – City Council holds public hearing to approve updated LHIS report and  submit to Florida Housing Finance Corporation (FHFC)   December 31, 2020 – Deadline to submit LHIS report to FHFC   March 31, 2021 – City Council to adopt amendments to LHAP to incorporate LHIS   May 2, 2021 – Submit amended LHAP with proof of City Council approval to FHFC  . . .    As a result of AHAC direction, the Consultant will bring back revised language specific to the principle and  vision statements for consideration by the AHAC at the next meeting scheduled for November 5 16, 2020.  . . .  The second AHAC meeting will be held on November 5 16, 2020, at 9:30 a.m. 3:00 p.m. at the Main  Library (100 N. Osceola Avenue) in either the Council Chambers or the second‐floor Board Room.  CLW2075.01M 1 of 9 2020 Update of Local Housing Incentive Strategies AHAC Meeting #2 | November 16, 2020 | 3:00 p.m. Council Chambers, Main Library (100 N Osceola Ave.) MEETING SUMMARY The City of Clearwater requested that Wade Trim (Consultant) facilitate an update of the City’s Local Housing Incentives Strategy (LHIS) report, which was last updated in 2017. An 11-member Affordable Housing Advisory Committee (AHAC) representing various affordable housing interests was appointed by the City Council on September 17, 2020 to evaluate and update the 2017 LHIS report. The second meeting with the AHAC was held on November 16, 2020, at Council Chambers, Main Library (100 N Osceola Ave.). Seven (7) AHAC members, City staff, and the City’s Consultant attended the meeting: • Peter Scalia An advocate for low-income persons in connection with affordable housing • Camille Hebting Representative of employers within the City of Clearwater • Kevin Chinault Representative of a not-for-profit provider of affordable housing • Pierre Cournoyer Representative of the residential home building industry • Jacqueline Rivera Representative of essential services personnel • Kathleen Beckman A locally elected official (City Councilmember) • Peggy Cutkomp Representative of those who are actively engaged as a real estate professional in connection with affordable housing • Denise Sanderson City of Clearwater, Economic Develop. & Housing, Director • Chuck Lane City of Clearwater, Economic Develop. & Housing, Assistant Director • Gina Clayton City of Clearwater, Planning and Development, Director • Terry Malcolm-Smith City of Clearwater, Economic Develop. & Housing, Housing Coordinator/ State Housing Initiatives Partnership (SHIP) Administrator • Pat Sullivan Board Reporter • Amanda Warner Wade Trim, Planner (City’s Consultant) • Sarah Mastison Wade Trim, Planner (City’s Consultant) • Geoffrey Harlan Member of the public, associated with Blue Sky Communities Four (4) AHAC members were not in attendance: Maria (Gaby) Camacho (representing those areas of labor engaged in home building in connection with affordable housing), Linda Kemp (representing the banking or mortgage industry in connection with affordable housing), Carmen Santiago (as a citizen who resides within the City of Clearwater), and Michael Boutzoukas (serves on the local planning agency). The purpose of this second AHAC meeting was to review the LHIS process and schedule; confirm updates to the affordable housing principles and vision statement; continue to review and discuss the contemporary barriers identified by the AHAC during the first meeting on October 13, 2020; receive direction on whether to maintain, modify, or remove any recommendations from the 2017 LHIS report to better address the contemporary barriers; and to identify any new incentive recommendations in response to the AHAC’s evaluation of the City’s current practices regarding affordable housing. Welcome and Introductions City staff welcomed the AHAC members and introduced the City’s Consultant. Chuck Lane, Assistant Director of Economic Development & Housing, read comments submitted by an AHAC member not able to attend the meeting. These comments summarized and reemphasized the key contemporary barriers CLW2075.01M 2 of 9 discussed during the first meeting on October 13, 2020, which included: expedited approval, waiver of parking regulations, enhancement of incentives for mixed-use and mixed-income developments, and early stage review processes (e.g. certificate of affordability similar to what some communities are doing in southeast Florida). Mr. Lane also provided a summary of the draft Advantage Pinellas Housing Compact prepared by the Pinellas County Countywide Housing Strategy tactical team, in which Mr. Lane and Gina Clayton, Director of Planning and Development, also participates. Mr. Lane read aloud tenets 1 thru 9 from the draft compact: 1. The Partners agree to work toward creating a common, coordinated framework for addressing affordable housing needs, while respecting the autonomy of each local jurisdiction. 2. The Partners agree to work toward developing a countywide affordable housing action plan with annual goals for affordable housing production, rehabilitation, preservation, and assistance to households. 3. The Partners agree to work toward developing a centralized database and performance metrics to measure progress toward the affordable housing action plan. 4. The Partners agree to work toward developing a website to serve as an informational portal for residents, developers, and other stakeholders seeking affordable housing resources. 5. The Partners agree to work toward developing and using a coordinated regulatory toolkit for local governments, including: a. Common definitions for affordable and workforce housing; b. A menu of regulatory incentives to encourage affordable housing construction; c. Regulatory strategies for encouraging more affordable housing, through nontraditional options such as accessory dwelling units, “missing middle” housing, tiny homes, and mixed-use buildings; and d. Design standards that encourage walking and biking, and make it possible for residents to travel safely and conveniently without automobiles. 6. The Partners agree to work toward prioritizing a planning strategy that locates affordable housing, jobs, education, and workforce development resources along corridors planned for future high-quality transit service. 7. The Partners agree to work toward coordinating affordable housing with planning for healthy communities, including access to parks and recreational resources, pedestrian/bicycle facilities, healthy food sources, and medical care providers. 8. The Partners agree to work toward planning for greater resiliency, ensuring that affordable housing is not concentrated in areas vulnerable to flooding, and employing building strategies to better withstand damage from major storms. 9. The Partners agree to seek input from private and nonprofit affordable housing developers, community groups, citizens, and other stakeholders related to the implementation of this compact. Mr. Lane requested the AHAC consider these tenets as an opportunity for coordination with Pinellas County. Approval of AHAC Meeting Minutes from October 13, 2020 The AHAC reviewed the meeting summary from October 13, 2020, which served as the minutes for the first AHAC meeting. The AHAC then approved the minutes by motion, second, and unanimous vote. Opportunity for Public Comment, Items Not on the Agenda Mr. Lane asked if anyone from the public wished to speak to the AHAC on any item not on the agenda. There were no public comments given. CLW2075.01M 3 of 9 Summary of Presentation to AHAC Amanda Warner, Wade Trim Planner (Consultant), then explained the purpose of the meeting and provided an overview of the agenda for the meeting, to include a presentation and facilitated AHAC discussion. The Consultant reviewed the LHIS update process and schedule of events toward approval/submittal, which included several changes since the first meeting. This review was presented in Microsoft PowerPoint format. The updated schedule of events included: • August 2020 – City designates staff and selects AHAC members • September 17, 2020 – City Council appoints members to AHAC • October-November 2020 – AHAC meets to update LHIS report • December 15, 2020 – AHAC holds public hearing to approve updated LHIS report • December 17, 2020 – City Council holds public hearing to approve updated LHIS report and submit to Florida Housing Finance Corporation (FHFC) • December 31, 2020 – Deadline to submit LHIS report to FHFC • March 31, 2021 – City Council to adopt amendments to LHAP to incorporate LHIS • May 2, 2021 – Submit amended LHAP with proof of City Council approval to FHFC The Consultant then presented specific strategies and recommendations developed in response to the barriers to affordable housing identified at the first AHAC meeting on October 13, 2020, and in response to comments received from City staff regarding the City’s current practices. Proposed changes to the existing recommendations within the 2017 LHIS report, as well as new recommendations, were presented for committee discussion. If an AHAC-identified barrier to affordable housing and corresponding incentive was already addressed by an existing recommendation within the 2017 LHIS report, then no change was presented. Also, in response to the first AHAC meeting on October 13, 2020, the Consultant proposed specific changes to the affordable housing principles and vision statement as requested by the committee. These changes are shown below (in underline and strikethrough). Affordable Housing Principles . . . 2. Diverse supply that and provides for a mix of income levels and the diverse needs of residents . . . 5. Strategically-located, and pedestrian-oriented with access to mass transit, and open spaces, educational institutions, and employment or workforce training opportunities. Affordable Housing Vision The City of Clearwater will encourage the development of a diverse supply of housing that is safe, affordable, sustainable, and well-designed that blends into the character of the City’s neighborhoods proximate to public amenities and employment opportunities, which supports an diverse, inclusive community and the diverse needs of residents. The AHAC accepted the proposed changes to the affordable housing principles #2 and #5, and to the affordable housing vision statement as presented by the Consultant on November 16, 2020. Committee Discussion During the second meeting, the Consultant facilitated AHAC discussion of specific recommendations for inclusion in the 2020 LHIS report. The discussion focused on strategies to address the affordable housing barriers identified by the AHAC during the first AHAC meeting on October 13, 2020. Such barriers and strategies included timing/process, technology/information sharing, density, accessory dwelling units, CLW2075.01M 4 of 9 parking regulations, marketing/messaging, and financial assistance. If an AHAC-identified barrier to affordable housing and corresponding incentive was already addressed by an existing recommendation with the 2017 LHIS report, then no change was discussed. The following provides a summary of the committee’s discussion of recommendations to incentivize the provision of affordable housing in the City of Clearwater: Expedited Review (Timing/Process) – Continue – No change Recommendation 1.1 The AHAC inquired about the number of “Request for Expedited Permit Processing for Affordable Housing Activity” form that had been filled out and how often a density bonus was requested by applicants. City staff discussed examples of developments expedited as result of the form or the City’s certification as affordable housing. City staff typically communicates directly with the developer regarding any outstanding information needed for the application. The City also uses an electronic permitting system (ePermit Hub portal) to communicate the status of the City’s review, etc. Different review levels and requirements for City Council approval, etc. may add time to the permit application, but these are outside of City staff’s control given the City Council’s meeting schedule. After discussion, the AHAC directed City staff and the Consultant to continue Recommendation 1.1 with no change. Expedited Review (Use of Technology for Information Sharing/Education) – Modify and New Recommendations 1.2 thru 1.4 During the first AHAC meeting on October 13, 2020, the committee identified barriers related to the lack of information about incentives available in the City, and about steps for how to develop affordable housing (particularly for new-entry developers). The AHAC discussed the need to incentivize developers to build affordable housing by giving them more information in multi-faceted formats, such as link sharing, web forms, videos/webinars, virtual meetings/forums, etc. At the second meeting, the AHAC and City staff discussed the role of the Housing Manager. The Assistant Director of Economic Development & Housing currently functions as the Housing Manager for the City. The AHAC expressed concern about the Housing Manager being a shared role rather than a full-time position. City staff identified that the titles, “Housing Manager” and “Development Service Center Manager” should be updated to “Assistant Director of Economic Development & Housing” and “Permit Manager” respectively to reflect contemporary roles. Moreover, the AHAC identified the need for other tools, such as a webinar or mentorship program, to help answer questions for the developer. The need for the City to keep a list of potential mentors to help new-entry developers was identified by the AHAC. In response, the Consultant presented the following proposed modifications to existing recommendations (shown in underline/strikethrough): 1.2 The Housing Manager Assistant Director of Economic Development & Housing and Development Service Center Manager Permit Manager should continue to be the primary and secondary points of contact when submitting affordable housing projects. Through close coordination, these two staff positions should: • Create and oversee an affordable housing “One Stop Streamline Permitting Process.” • Act as a liaison between the developer and all departments involved in the review and permitting process. • Organize and participate in the pre-application meetings. • Provide necessary information and forms to the developer to avoid delays during the application and review process. • Create a process and definitive project requirement checklist for affordable housing projects for each level of review and stage of permitting. • Create a definitive but feasible review timeline for affordable housing projects considering variables such as the type, size and impact in the community depending on the level of review and stage of permitting. • Release to the applicant and all City departments involved at once, written statements for additional requirements and project determinations. CLW2075.01M 5 of 9 • Track the review process through the City’s online ePermit system. • Report to the developer the status of the application. 1.3 Continue to improve customer service toward potential project applicants by: • Maintaining a positive attitude • Offering a quick response time via email or phone calls • Making available project requirements and forms • Providing a list of potential mentors experienced in affordable housing development • Utilizing new technology to enhance administrative efficiencies and to educate developers about the City’s affordable housing incentives and permitting process by means of link sharing, web forms, videos/webinars, virtual meetings/forums, and other tools. Additionally, the AHAC discussed that there should be a specific brochure that targets affordable housing, rather than a generalized one, and that such brochure should be prominently posted on the City’s Affordable Housing webpage. The need for advertisement of the City’s incentives, including the nonconforming exemption for affordable housing as discussed later in the second meeting, was also discussed. In response, the Consultant presented the following proposed modification to an existing recommendation (shown in underline/strikethrough): 1.4 Publish a brochure or other informational handout in a prominent location on the City’s Affordable Housing webpage for developers that explains the City's development approval and permitting process to developers, including but not limited to: • Relationship between City and County policies and the regulation of land use, density, and intensity • City-sponsored incentives for affordable housing such as the "Request for Expedited Permit Processing for Affordable Housing Activity" form, and Affordable Housing Density Bonus, Parking Reductions, and Nonconforming Exemption for Affordable Housing. Modification of Fees – Continue and New Recommendation 2.1, and New Recommendation 2.2 The AHAC discussed the ongoing and effective coordination with Pinellas County regarding the multi- modal impact fee incentives for affordable housing. The AHAC directed City staff and the Consultant to continue Recommendation 2.1 with no change. However, the AHAC also identified the need to evaluate whether the City can or should waive City impact fees or permitting fees. AHAC direction was given to reconsider the previously removed 2008 AHAC recommendation to evaluate whether City impact fees or permitting fees may be waived for affordable housing projects. For reference, the new recommendation is presented (shown in underline) as sourced from the original 2008 LHIS report with replacement of “other” with “permitting” in brackets: 2.2 Prepare a study to determine the financial, legal, and administrative feasibility of reducing, refunding, or redefining (by unit size) the costs of impact fees and/or [permitting] fees related to the development of affordable housing. Flexible Densities (Density) – Continue – No Change Recommendations 3.1 thru 3.2 Although density (and parking regulations) was discussed as a contemporary barrier during the first AHAC meeting on October 13, 2020, the existing recommendations were continued by the committee with no change. The AHAC expects that the upcoming Comprehensive Plan update will more fully evaluate the existing density bonus and parking waiver policies of the City of Clearwater, taking into consideration CLW2075.01M 6 of 9 public comment on the Housing Element and an analysis of the effectiveness of those policies to incentivize affordable housing. Infrastructure Capacity – Continue – No Change No Recommendation Councilmember Beckman requested that City staff explain the reservation of infrastructure capacity and the effect of this recommendation (or no recommendation) on development. City staff pointed out that in Clearwater, most development takes the form of infill or redevelopment and that most infrastructure is already in-place and adequate to meet such demand. This contrasts with other cities that may have more greenfield development. After discussion, the AHAC directed City staff and the Consultant to continue the 2017 recommendation of “No Recommendation” with no change. Accessory Dwelling Units (ADUs) – Modify Recommendations 5.1 thru 5.2, and New Recommendation 5.3 During the first AHAC meeting on October 13, 2020, the committee identified the lack of promotion of Accessory Dwelling Units (ADUs) in the City as a barrier to affordable housing and discussed ADUs as an opportunity to increase the affordable housing inventory. At the second meeting, the AHAC discussed the possibility of having a pre-approved pattern book to facilitate/expedite approval of ADUs (e.g. similar to a process implemented in the City of Dunedin). In general, the need to educate about and incentivize the allowance of ADUs, including “tiny homes”, was strongly supported by the AHAC. The Consultant reminded the AHAC that the City will soon be updating the Comprehensive Plan, which will provide an opportunity to revisit policies related to ADUs. The AHAC emphasized that alternative unit types and unconventional solutions should be considered. City staff conveyed that ADUs are best met through NOAH (Naturally Occurring Affordable Housing) rather than City-subsidized development projects because there is a regulation, financing, and reporting burden associated with these types of small units. The AHAC directed City staff and the Consultant to continue Recommendation 5.1 with no change. In response to the AHAC’s discussion regarding ADUs in residential neighborhoods, the Consultant presented the following proposed modification to an existing recommendation and new recommendation (shown in underline/strikethrough): 5.2 Revisit with City Council Comprehensive Plan Policy C.1.1.2 and Policy C.1.1.8 to consider allowing one accessory dwelling unit on a residential lot of any size provided that certain criteria are met. Such criteria may include: • Maximum unit size, parking standards, setback, and height requirements to facilitate review and to ensure neighborhood compatibility, which may be presented using a pattern book or similar means to expedite approval. • Occupancy/tenure requirements so that the principal dwelling unit remains owner- occupied, the accessory dwelling unit is not used for short-term rental, and the number of occupants is limited to that which is reasonable for the unit size. 5.3 Expand the definition of accessory dwelling unit to include tiny homes and other alternative unit types to incentivize unconventional solutions to address affordable housing needs within existing neighborhoods. Parking Reductions (Parking Regulations) – Continue – No Change Recommendations 6.1 thru 6.2 Although parking regulations (and density) were discussed as a contemporary barrier during the first AHAC meeting on October 13, 2020, the existing recommendations were continued by the committee with no change. The AHAC expects that the upcoming Comprehensive Plan update will more fully evaluate the existing density bonus and parking waiver policies of the City of Clearwater, taking into consideration CLW2075.01M 7 of 9 public comment on the Housing Element and an analysis of the effectiveness of those policies to incentivize affordable housing. Inventory of Public Lands – Continue – No change Recommendation 10.1 thru 10.4 The AHAC asked City staff about the properties on the inventory, how often the inventory is updated, if any of the properties are suitable for development, and if so, for what types of development. The AHAC also inquired about how often the properties are turned over or removed from the inventory. City staff indicated that the inventory will be updated this year (2020) and that the average length of time the City has the properties is approximately one year. The inventory is prepared in conjunction with City staff, who review City-owned properties on the tax roll and determine which properties may be suitable for housing development. Within this discussion, the AHAC identified the opportunity to incentivize ADUs as potential improvements to properties on the City’s Inventory of Public Lands when contracts for sale are prepared by City staff. After discussion by the AHAC, the committee directed City staff and the Consultant to continue recommendations 10.1 thru 10.4 with no changes. Adaptive Reuse – Modify Recommendation 12.1 At the second meeting, the AHAC identified that there is an opportunity to repurpose vacant churches in the City of Clearwater. The AHAC directed staff to modify the existing recommendation 12.1 to include “churches” in the list of building types to be converted to affordable housing where permitted. In response, the Consultant presented the following proposed modification to an existing recommendation (shown in underline/strikethrough): 12.1 Continue to allow “adaptive reuse” involving the conversion of surplus and/or outmoded buildings including old churches, school buildings, hospitals, train stations, warehouses, factories, etc. to mixed uses where permitted by zoning district. Land Development Code - Continue – No change Recommendation 13.1 The AHAC was unaware of the related nonconforming exemption incentive that was approved by a previous AHAC (2014). The AHAC identified the need to promote the previously implemented nonconforming exemption for affordable housing incentive. The AHAC directed City staff and the Consultant to reference the nonconforming exemption for affordable housing in other recommendations (unspecified) related to the information sharing/education topic, but to continue Recommendation 13.1 with no change. Communication/Marketing (Marketing/Messaging) – Modify Recommendation 14.1 During the first AHAC meeting on October 13, 2020, the committee identified negative public perception of affordable housing as a barrier to affordable housing and the opportunity to partner with the Chamber of Commerce on promoting the benefits of affordable housing. At the second meeting, the AHAC discussed the need to stop associating affordable housing with “low-income” housing by choosing to instead emphasize “workforce housing” and its benefits. The AHAC discussed how low-income housing should be rebranded as “workforce housing” to move away from the stigma. The AHAC identified the need to promote diverse unit types, including tiny homes, “missing middle”, and other alternative housing products as neighborhood-compatible workforce housing with an emphasis on owner-occupied housing. The AHAC discussed conducting an educational campaign by possibly including an insert or similar information piece with utility bills or other regular City communications. In response, the Consultant presented the following proposed modification to an existing recommendation (shown in underline/strikethrough): CLW2075.01M 8 of 9 14.1 Continue to improve current communication channels and marketing materials to reach different stakeholders interested in affordable housing. Some of the suggested actions include but are not limited to: • Conduct an educational campaign, in conjunction with regular City communications, to rebrand affordable housing as workforce housing that supports the diverse needs of residents through a variety of unit/product types compatible with the City’s neighborhoods. • Partner with the Chamber of Commerce to broadly promote the benefits of, and opportunities for, affordable housing development in the City. • Prepare marketing materials for the general public in order to promote the different housing programs that the City offers, including homebuyer education and down payment assistance to support homeownership. • Prepare marketing materials that help developers and the general public to understand the application criteria, permitting process, and the number of incentives available for rehabilitation and new construction of affordable housing units in the City. • Make accessible to the public an inventory and a map of suitable residential vacant land available for development. • Include a section on the City’s webpage called, “Affordable Housing Central,” specifically dedicated to the promotion of affordable housing. Financing – Continue – No change Recommendation 15.1 The AHAC discussed the myriad of funding options available for affordable housing and how the complexity of financing can be daunting to a new-entry developer. The AHAC identified that the City needs to provide more information in a simplified format on the City’s Affordable Housing webpage, including but not limited to information about developer financing as well as housing programs for homebuyer education and down payment assistance. The AHAC directed City staff and the Consultant to address this need in other recommendations (unspecified) related to the information sharing/education, marketing/messaging, and financial assistance/partnerships topics, but to continue Recommendation 15.1 with no change. Partnerships (Financial Assistance) – Modify Recommendation 16.1 During the first AHAC meeting on October 13, 2020, the committee identified several barriers to affordable housing such as lack of homebuyer education, nonviable levels of mortgage and down payment assistance (DPA), and that the City’s current workforce is more reliant than other communities on employment sectors that produce lower incomes/wages. At the second meeting, the AHAC discussed the need to monitor, and encourage citizens to lobby for, statewide legislative initiatives to gauge the local impact of their provisions. City staff introduced the Pinellas County Countywide Housing Strategy and Advantage Pinellas Housing Compact as an opportunity for improved regional coordination. The AHAC also identified the need to increase DPA loan amounts to be viable given the increasing costs of housing, even if the overall number of loans must decrease to be financially feasible for continued operation of the City’s DPA program. City staff indicated that they were already in the process of implementing this change to the City’s DPA program. In response, the Consultant presented the following proposed modification to an existing recommendation (shown in underline/strikethrough): 16.1 Develop public and private partnerships for the provision of affordable housing: • Prepare, advertise, and maintain an inventory of affordable housing providers/developers and any other related organization. • Provide mentoring and technical training to current and new affordable housing providers/developers. CLW2075.01M 9 of 9 • Encourage and support joint development opportunities between the private sector and non–profits to develop affordable housing. • Engage lenders in an ongoing discussion with the City relative to underwriting and credit standards, technology solutions, as well as the development of financial products in an effort to maximize the financing options available to potential first- time homebuyers through conventional and other lenders. • Coordinate with Pinellas County joint programs for the provision of affordable housing, including the Pinellas County Countywide Housing Strategy and Advantage Pinellas Housing Compact. • Monitor, and encourage citizens to lobby for, the development of statewide legislative initiatives to gauge the local impact of their provisions. • Coordinate with the private sector and non-profits to provide homebuyer education, home warranties and other strategies that reduce the ongoing maintenance risk of homeownership. • Increase down payment assistance loan amounts to be viable for the homebuyer while remaining financially feasible for the continued operation of the City’s program. • Partner with the private sector and non-profits to address third-party barriers to affordable housing and to identify appropriate incentives to reduce labor and material costs for developers and maintenance and insurance costs for homeowners. All other recommendations from the 2017 LHIS report were continued by the AHAC with no discussion and no changes. Opportunity for Public Comment, Items on the Agenda Mr. Lane asked if anyone from the public wished to speak to the AHAC in response to the meeting presentation and discussion. There were no public comments given. Next Steps City staff and the Consultant will respond to the AHAC’s direction to continue, modify, or add new recommendations as discussed at the second AHAC meeting held on November 16, 2020. City staff will present these recommendations and the updated 2020 LHIS report at the AHAC public hearing on December 15, 2020, which will be publicly noticed in advance. Prior to the public hearing, the draft will be posted to the City’s website for public comment and provided to the AHAC for review. Once approved by the AHAC by affirmative majority vote at the public hearing, the updated 2020 LHIS report will be submitted to the Clearwater City Council. Appendix Economic Development & Housing Department APPENDIX E: Summary of AHAC Recommendations The following summarizes the AHAC’s updated recommendations as outlined in Section II of the LHIS report. The AHAC has reviewed the City’s current practices and will meet on December 15, 2020, to hear the following recommendations to incentivize the provision of affordable housing. Once approved by the AHAC, the recommendations will be presented to City Council on December 17, 2020. E.1 Expedited Review Process Recommendation 1.1 Continue to use the “Request for Expedited Permit Processing for Affordable Housing Activity” form to fast-track affordable housing projects. Recommendation 1.2 The Assistant Director of Economic Development & Housing and Permit Manager should continue to be the primary and secondary points of contact when submitting affordable housing projects. Through close coordination, these two staff positions should: • Create and oversee an affordable housing “One Stop Streamline Permitting Process.” • Act as a liaison between the developer and all departments involved in the review and permitting process. • Organize and participate in the pre-application meetings. • Provide necessary information and forms to the developer to avoid delays during the application and review process. • Create a process and definitive project requirement checklist for affordable housing projects for each level of review and stage of permitting. • Create a definitive but feasible review timeline for affordable housing projects considering variables such as the type, size and impact in the community depending on the level of review and stage of permitting. • Release to the applicant and all City departments involved at once, written statements for additional requirements and project determinations. • Track the review process through the City’s online ePermit system. • Report to the developer the status of the application. Recommendation 1.3 Continue to improve customer service toward potential project applicants by: • Maintaining a positive attitude • Offering a quick response time via email or phone calls • Making available project requirements and forms • Providing a list of potential mentors experienced in affordable housing development Appendix Economic Development & Housing Department • Utilizing new technology to enhance administrative efficiencies and to educate developers about the City’s affordable housing incentives and permitting process by means of link sharing, web forms, videos/webinars, virtual meetings/forums, and other tools Recommendation 1.4 Publish a brochure or other informational handout in a prominent location on the City’s Affordable Housing webpage that explains the City's development approval and permitting process to developers, including but not limited to: • Relationship between City and County policies and the regulation of land use, density, and intensity • City-sponsored incentives for affordable housing such as the "Request for Expedited Permit Processing for Affordable Housing Activity" form, Affordable Housing Density Bonus, Parking Reductions, and Nonconforming Exemption for Affordable Housing E.2 Modification of Fees Recommendation 2.1 Coordinate with Pinellas County, as feasible, regarding data-based rate flexibility within the multi-modal impact fee to support the provision of affordable housing. Recommendation 2.2 Prepare a study to determine the financial, legal, and administrative feasibility of reducing, refunding, or redefining (by unit size) the costs of impact fees and/or permitting fees related to the development of affordable housing. E.3 Flexible Densities Recommendation 3.1 Continue to provide allowance of density flexibility for affordable housing developments. Recommendation 3.2 Maintain specific parameters to grant density flexibility for affordable housing projects as allowed in the Community Development Code within the different zoning districts. Recommendation 3.3 Continue to define the density allowance for an affordable housing project as part of a pre-application meeting prior to formal submission of the civil/site engineering requirements. E.4 Infrastructure Capacity We do not recommend that the City of Clearwater include the reservation of infrastructure capacity for housing for very-low-income persons, low-income persons, and moderate-income persons as an incentive for the provision of affordable housing. Appendix Economic Development & Housing Department E.5 Accessory Dwelling Units Recommendation 5.1 Continue to allow for accessory dwelling units in nonresidential zoning districts as described within the City’s Community Development Code. Recommendation 5.2 Revisit with City Council Comprehensive Plan Policy C.1.1.2 and Policy C.1.1.8 to consider allowing one accessory dwelling unit on a residential lot of any size provided that certain criteria are met. Such criteria may include: • Maximum unit size, parking standards, setback, and height requirements to facilitate review and to ensure neighborhood compatibility, which may be presented using a pattern book or similar means to expedite approval. • Occupancy/tenure requirements so that the principal dwelling unit remains owner-occupied, the accessory dwelling unit is not used for short-term rental, and the number of occupants is limited to that which is reasonable for the unit size. Recommendation 5.3 Expand the definition of accessory dwelling unit to include tiny homes and other alternative unit types to incentivize unconventional solutions to address affordable housing needs within existing neighborhoods. E.6 Parking Reductions Recommendation 6.1 Continue to allow flexible setback requirements for affordable housing developments. Recommendation 6.2 Continue to tie reductions of off-street parking requirements to proximity and access to alternative modes of transportation, including transit, sidewalks, trails, or other options. E.7 Flexible Lot Configurations Recommendation 7.1 Continue to allow flexible lot configurations for affordable housing developments while remaining sensitive to the character and context of existing neighborhoods. E.8 Modification of Street Requirements Because such standards are in place to benefit public health and safety, we do not recommend that the City utilize the modification of street requirements as an incentive for affordable housing. Appendix Economic Development & Housing Department E.9 Pre-Adoption Policy Consideration Recommendation 9.1 As part of its annual reporting, the Economic Development & Housing Department should continue to review all regulations and ordinances that may affect the cost of housing. Recommendation 9.2 Continue the review process maintained by the Senior Executive Team through which any new regulatory instrument created in the City (Ordinances, regulations, etc.) can be evaluated for its effect on housing affordability. E.10 Inventory of Public Lands Recommendation 10.1 The Economic Development & Housing Department should continue to maintain the inventory of publicly-owned land suitable for the development of affordable housing. Recommendation 10.2 Continue to publish the public land inventory owned by the City for affordable housing on the City’s webpage for prospective developers and non-profit agencies for developing affordable housing. Recommendation 10.3 Continue to make publicly-owned land available to prospective developers and non-profit agencies for developing affordable housing. Recommendation 10.4 The Economic Development & Housing Department should coordinate with the Planning & Development Department to identify properties having repeat code violations that may be suitable for rehabilitation, acquisition, or demolition for affordable housing. E.11 Proximity to Transportation, Employment & Mixed-Use Development Recommendation 11.1 The City should maintain and implement Future Land Use Element policies A.2.2.7; A.5.4.4; A.5.4.7; A.6.8.7; A.6.10.8; and C.1.4.2 of the City’s Comprehensive Plan. E.12 Adaptive Reuse Recommendation 12.1 Continue to allow “adaptive reuse” involving the conversion of surplus and/or outmoded buildings including old churches, school buildings, hospitals, train stations, warehouses, factories, etc. to mixed uses where permitted by zoning district. Appendix Economic Development & Housing Department E.13 Land Development Code Recommendation 13.1 Continue to encourage developers to address recommended design standards for affordable housing developments consistent with Sec. 3-920.A.3.c.i-iii. of the City of Clearwater Community Development Code. Other criteria could include but are not limited to: • Provide direct and visual access to open space for residents. • Consider play areas when developing family housing. • Provide nighttime outdoor illumination for safety. • Use landscape standards and buffers when required to screen nuisances and to separate public and private areas. • Centrally-locate common facilities. • Use Crime Prevention Through Environmental Design (CPTED) when practical and financially feasible. • Comply with Federal and State requirements for accessibility improvements. E.14 Communication and Marketing of Affordable Housing Recommendation 14.1 Continue to improve current communication channels and marketing materials to reach different stakeholders interested in affordable housing. Some of the suggested actions include but are not limited to: • Conduct an educational campaign, in conjunction with regular City communications, to rebrand affordable housing as workforce housing that supports the diverse needs of residents through a variety of unit/product types compatible with the City’s neighborhoods. • Partner with the Chamber of Commerce to broadly promote the benefits of, and opportunities for, affordable housing development in the City. • Prepare marketing materials for the general public in order to promote the different housing programs that the City offers, including homebuyer education and down payment assistance to support homeownership. • Prepare marketing materials that help developers and the general public to understand the application criteria, permitting process, and the number of incentives available for rehabilitation and new construction of affordable housing units in the City. • Make accessible to the public an inventory and a map of suitable residential vacant land available for development. • Include a section on the City’s webpage called, “Affordable Housing Central,” specifically dedicated to the promotion of affordable housing. Appendix Economic Development & Housing Department E.15 Financing Recommendation 15.1 Diversify financial strategies to contribute to the new construction and maintenance of affordable housing. E.16 Partnerships Recommendation 16.1 Develop public and private partnerships for the provision of affordable housing: • Prepare, advertise, and maintain an inventory of affordable housing providers/developers and any other related organization. • Provide mentoring and technical training to current and new affordable housing providers/developers. • Encourage and support joint development opportunities between the private sector and non–profits to develop affordable housing. • Engage lenders in an ongoing discussion with the City relative to underwriting and credit standards, technology solutions, as well as the development of financial products in an effort to maximize the financing options available to potential first-time homebuyers through conventional and other lenders. • Coordinate with Pinellas County joint programs for the provision of affordable housing, including the Pinellas County Countywide Housing Strategy and Advantage Pinellas Housing Compact. • Monitor, and encourage citizens to lobby for, the development of statewide legislative initiatives to gauge the local impact of their provisions. • Coordinate with the private sector and non-profits to provide homebuyer education, home warranties and other strategies that reduce the ongoing maintenance risk of homeownership. • Increase down payment assistance loan amounts to be viable for the homebuyer while remaining financially feasible for the continued operation of the City’s program. • Partner with the private sector and non-profits to address third-party barriers to affordable housing and to identify appropriate incentives to reduce labor and material costs for developers and maintenance and insurance costs for homeowners. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2020-10010 Agenda Date: 12/17/2020 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1266 Sedeeva Circle North and pass Ordinances 9416-21, 9417-21, 9418-21 on first reading. SUMMARY: This voluntary annexation petition involves a 0.16-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the north side of Sedeeva Circle North approximately 380 feet west of North Betty Lane. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing city boundaries on all sides; therefore, the annexation will eliminate an enclave. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the City of Clearwater. The closest sanitary sewer line is located in the adjacent Sedeeva Circle right-of-way. The applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #51 located at 1712 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Page 1 City of Clearwater Printed on 12/17/2020 File Number: ANX2020-10010 Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries on all sides therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Page 2 City of Clearwater Printed on 12/17/2020 Ordinance No. 9416-21 ORDINANCE NO. 9416-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEDEEVA CIRCLE NORTH, APPROXIMATELY 380 FEET WEST OF NORTH BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1266 SEDEEVA CIRCLE NORTH, CLEARWATER, FLORIDA 33755 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit A have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 8, FLORADEL SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 15, Page 7, Public Records of Pinellas County, Florida. (ANX2020-10010) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9416-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 28098 K O G B C E 3 4 5 6 1 2 3 4 5 6 7 8 9 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 8 9 17 18 8 9 10 11 12 13 14 15 16 17 18 192021 2 3 4 5 6 7 8 10 11 12 13 14 151617181920 2122 23 24 25 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3 4 5 6 7 8 9 10 22 1 1 1 1 1 N BETTY LN SEDEEVA CIR N WOODLAWN TER BERTLAND WAY CHENANGO AVE SEDEEVA CIR S1247 12801974 12261949 1276128319541252 127812711287123212732021 1952 1300129012761260125612672017 19471245 129519631264123412461237 12721230123512341978 19581249 1987 2022 19621231 126612791262126712612027 1274125612651979 2020 2021 127412441275127012511960 1296123312601253124412882022 128412361961 123912401261 1952125812771291 19811271 12331241127312871964 2015 12681233½1244½12351950 2028 12851251 1249 128112551245 1995 1295199612861232 1969 128312251997 1237126612772025 2026 12731999 1971 1257 2024 1289-Not to Scale--Not a Survey-Rev. 10/9/2020 Proposed Annexation Map Owner(s): William Patrick Powers & Donna R. Powers Case: ANX2020-10010 Site: 1266 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.16 Land Use Zoning PIN: 03-29-15-28098-000-0080 From : Residential Urban (RU) R-4 Multifamily Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9417-21 ORDINANCE NO. 9417-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEDEEVA CIRCLE NORTH, APPROXIMATELY 380 FEET WEST OF NORTH BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1266 SEDEEVA CIRCLE NORTH, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 8, FLORADEL SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 15, Page 7, Public Records of Pinellas County, Florida Residential Urban (RU) (ANX2020-10010) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9416-21. Ordinance No. 9417-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 28098 K O G B C E 3 4 5 6 1 2 3 4 5 6 7 8 9 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 8 9 17 18 8 9 10 11 12 13 14 15 16 17 18 192021 2 3 4 5 6 7 8 10 11 12 13 14 151617181920 2122 23 24 25 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3 4 5 6 7 8 9 10 22 1 1 1 1 1 RU RU RU RU RU RU RU RU R/OS RU RU N BETTY LN SEDEEVA CIR N WOODLAWN TER BERTLAND WAY CHENANGO AVE SEDEEVA CIR S123519501280197412261949 2028 1276128319541252 12851251 1249 127812711287123212732021 1952 13001290128112761260125612671245129519631264 12451234 129512371286127212301235123212341978 19581249 1987 2022 19621231 1266127912621997126712612027 1274125612651979 2020 2021 12771274124412731275127012511960 1296123312601253124412882022 128412361961 1999 12 3912401261 1952125812771291 19811271 1233124112731257 12871964 2015 2024 1268128912 3 3 ½1244½1247 12552017 1947 199512461996 1969 12831225123712662025 2026 1971-Not to Scale--Not a Survey-Rev. 10/9/2020 Proposed Future Land Use Map Owner(s): William Patrick Powers & Donna R. Powers Case: ANX2020-10010 Site: 1266 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.16 Land Use Zoning PIN: 03-29-15-28098-000-0080 From : Residential Urban (RU) R-4 Multifamily Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9418-21 ORDINANCE NO. 9418-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEDEEVA CIRCLE NORTH, APPROXIMATELY 380 FEET WEST OF NORTH BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1266 SEDEEVA CIRCLE NORTH, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9416-21. Property Zoning District Lot 8, FLORADEL SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 15, Page 7, Public Records of Pinellas County, Florida Low Medium Density Residential (LMDR) (ANX2020-10010) Ordinance No. 9418-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 28098 K O G B C E 3 4 5 6 1 2 3 4 5 6 7 8 9 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 8 9 17 18 8 9 10 11 12 13 14 15 16 17 18 192021 2 3 4 5 6 7 8 10 11 12 13 14 151617181920 2122 23 24 25 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3 4 5 6 7 8 9 10 22 1 1 1 1 1 LMDR LMDR OS/R LMDR N BETTY LN SEDEEVA CIR N WOODLAWN TER BERTLAND WAY CHENANGO AVE SEDEEVA CIR S12351247 19501280197412261949 2028 1276128319541252 12851251 1249 127812711287123212732021 1952 13001290128112761260125612672017 19471245 129519631264 12451234 12951246123712861272123012351232123419581249 1987 2022 19621231 1266127912621997126712612027 1274125612651979 2020 2021 12771274124412731275127012511960 1296123312601253124412882022 128412361961 1999 12 3912401261 195212581291 19811271 1233124112731257 12871964 2015 2024 1268128912 3 3 ½1244½12551995 1996 1978 1969 12831225123712662025 2026 19711277-Not to Scale--Not a Survey-Rev. 10/9/2020 Proposed Zoning Map Owner(s): William Patrick Powers & Donna R. Powers Case: ANX2020-10010 Site: 1266 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.16 Land Use Zoning PIN: 03-29-15-28098-000-0080 From : Residential Urban (RU) R-4 Multifamily Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST N BETTY LN DOUGLAS AVE IDLEWILD DR SUNSET POINT RD WOODLAWN TER PALM ST STATE ST BROADWAY BERMUDA ST POINSETTA AVE SEDEEVA CIR N THE MALL ARBELIA ST CHENANGO AVE IVA ST OVERBROOK AVE SEDEEVA ST ALOHA LN COLES RD N EVERGREEN AVE SEDEEVA CIR S MACOMBER AVE SPRINGTIME AVE GRANADA ST PORT WAY OAKDALE WAY STARBOARD WAY PINECREST WAY ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 10/9/2020 Location Map Owner(s): William Patrick Powers & Donna R. Powers Case: ANX2020-10010 Site: 1266 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.16 Land Use Zoning PIN: 03-29-15-28098-000-0080 From : Residential Urban (RU) R-4 Multifamily Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) N BETTY LN N BETTY LN SEDEEVA CIR NSEDEEVA CIR N WOODLAWN TER WOODLAWN TER BERTLAND WAY BERTLAND WAY CHENANGO AVE CHENANGO AVE SEDEEVA CIR SSEDEEVA CIR S-Not to Scale--Not a Survey-Rev. 10/9/2020 Aerial Photograph Owner(s): William Patrick Powers & Donna R. Powers Case: ANX2020-10010 Site: 1266 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.16 Land Use Zoning PIN: 03-29-15-28098-000-0080 From : Residential Urban (RU) R-4 Multifamily Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 28098 K O G B C E 3 4 5 6 1 2 3 4 5 6 7 8 9 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 8 9 17 18 8 9 10 11 12 13 14 15 16 17 18 192021 2 3 4 5 6 7 8 10 11 12 13 14 151617181920 2122 23 24 25 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3 4 5 6 7 8 9 10 22 1 1 1 1 1 N BETTY LN SEDEEVA CIR N WOODLAWN TER BERTLAND WAY CHENANGO AVE SEDEEVA CIR S1247 12801974 12261949 1276128319541252 127812711287123212732021 1952 1300129012761260125612672017 19471245 129519631264123412461237 12721230123512341978 19581249 1987 2022 19621231 126612791262126712612027 1274125612651979 2020 2021 127412441275127012511960 1296123312601253124412882022 128412361961 123912401261 1952125812771291 19811271 12331241127312871964 2015 12681233½1244½12351950 2028 12851251 1249 128112551245 1995 1295199612861232 1969 128312251997 1237126612772025 2026 12731999 1971 1257 2024 1289-Not to Scale--Not a Survey-Rev. 10/9/2020 Existing Surrounding Uses Map Owner(s): William Patrick Powers & Donna R. Powers Case: ANX2020-10010 Site: 1266 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.16 Land Use Zoning PIN: 03-29-15-28098-000-0080 From : Residential Urban (RU) R-4 Multifamily Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2020-10010 William P. Powers & Donna R. Powers 1266 Sedeeva Circle North View looking north at subject property, 1266 Sedeeva Circle N. West of subject property East of subject property South of subject property, across Sedeeva Circle N. View looking easterly along Sedeeva Circle N. View looking westerly along Sedeeva Circle N. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2020-10012 Agenda Date: 12/17/2020 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of US 19 - Regional Center (US 19-RC) and initial Zoning Atlas designation of US 19 District for a portion of 2970 Gulf to Bay Boulevard, and pass Ordinances 9422-21, 9423-21 and 9424-21 on first reading. (ANX2020-10012) SUMMARY: This voluntary annexation petition involves 0.067-acres of property consisting of a portion of one parcel of land occupied by a vacant commercial building. It is located on the north side of Gulf to Bay Boulevard approximately 280 feet west of Bayview Boulevard. The applicant is requesting annexation in order to bring the entire property into the city ’s jurisdiction which will allow for a unified site plan. The property is contiguous to existing city limits in all directions . The annexation of this portion of property will eliminate an enclave. It is proposed that the portion of property be assigned a Future Land Use Map designation of US 19 - Regional Center (US 19-RC) and a Zoning Atlas designation of US 19, consistent with the remainder of the site. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The property currently receives water and sewer service from the City. Collection of solid waste will be provided to the property by the City. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Page 1 City of Clearwater Printed on 12/17/2020 File Number: ANX2020-10012 Policy A.7.2.5 Unincorporated property within the Clearwater Planning Area located within the US 19 Corridor redevelopment area shall be designated through an amendment to the Future Land Use Map with the appropriate future land use category upon annexation, consistent with the US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor future boundaries depicted on Map A-17. ·The proposed US 19 - Regional Center (US 19-RC) Future Land Use Map category to be assigned to the portion of property is consistent with the Countywide Plan designation. The US 19 - Regional Center (US 19-RC) category primarily permits a mix of uses at a floor area ratio (FAR) of 2.5. The proposed zoning district to be applied to the portion of property is the US 19 District. The proposed use of the subject property as part of a larger commercial development is consistent with the uses allowed in the District. The proposed annexation is therefore consistent with the City’s Comprehensive Plan, the Countywide Plan Map and Community Development Code; and ·The property proposed for annexation is contiguous to existing city limits in all directions. Therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/17/2020 Ordinance No. 9422-21 ORDINANCE NO. 9422-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING A PORTION OF REAL PROPERTY LOCATED ON THE NORTH SIDE OF GULF TO BAY BOULEVARD APPROXIMATELY 280 FEET WEST OF BAYVIEW AVENUE, WHOSE POST OFFICE ADDRESS IS 2970 GULF TO BAY BOULEVARD, CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal description; (ANX2020-10012) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9422-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A  ANX2020‐10012; 17‐29‐16‐00000‐140‐0600; A portion of 2970 Gulf to Bay Boulevard  Legal Description:  NORTH 20' OF THE FOLLOWING DESCRIBED PROPERTY COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 17 AND RUN NORTH 0 DEG. 37' 03" EAST, ALONG THE EASTERLY BOUNDARY LINE OF SAID SECTION 17, A DISTANCE OF 50.00 FEET TO A POINT INTERSECTING THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 60; THENCE RUN SOUTH 89 DEG. 46' 01" WEST, ALONG SAID RIGHT-OF- WAY LINE, A DISTANCE OF 213.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE ALONG THE PREVIOUS COURSE, A DISTANCE OF 150.00 TO A POINT; LEAVING SAID RIGHT-OF-WAY LINE, RUN NORTH 0 DEG. 37' 03" EAST, A DISTANCE OF 300.00 FEET TO A POINT; THENCE RUN NORTH 89 DEG. 46' 01" EAST, A DISTANCE OF 150.00 FEET TO A POINT; THENCE RUN SOUTH 0 DEG. 37' 03" WEST, A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING, LESS THAT PORTION TAKEN FOR ROAD RIGHT-OF-WAY PURPOSES BY ORDER OF TAKING RECORDED IN O.R. BOOK 6750, PAGE 808, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.   Exhibit B PROPOSED ANNEXATION Owner(s): Gulf to Bay JV Partners, LLC Case: ANX2020-10012 Site: A portion of 2970 Gulf to Bay Boulevard Property Size(Acres): ROW (Acres): 0.067 Land Use Zoning PIN: 17-29-16-00000-140-0600 From : Commercial Generail (CG) Unzoned Atlas Page: 291B To: US 19 – Regional Center (US 19-RC) US 19 16 05292 4 5 8 7 6 3 A 1 2 3 4 5 678910 1 2 3 4 5 6 789101112 1 2 3 4 5 6 7 89101112 1 2 3 4 5 678910 1 2 3 4 5 6 789101112 1 2 3 4 5 67891011 (13) 53892 3 5 A B 1 2 3 4 2 1 73353 1 14/06 114/052 14/053 14/01 2.21 1.16 234 1 AC(C) AC(C) AC(C) AC(C) 1 1 11 1 1 GULF-TO-BAY BLVD S BAYVIEW AVE MEADOW LARK LN CAROLINA AVE TENNESSEE AVE 323 407 307 400 224 227 210 201 29502981298530092975296329602946300130213036301630173040301330183006300730002970A2970C6 0 3 5 2 0 5 1 7 200 220 5 1 7 309 225 309 2990304030183004300030062999301430042970B-Not to Scale--Not a Survey-Rev. 10/7/2020 Ordinance No. 9423-21 ORDINANCE NO. 9423-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR A PORTION OF REAL PROPERTY LOCATED ON THE NORTH SIDE OF GULF TO BAY BOULVEVARD APPROXIMATELY 280 FEET WEST OF BAYVIEW AVENUE, WHOSE POST OFFICE ADDRESS IS 2970 GULF TO BAY BOULEVARD, CLEARWATER, FLORIDA 33759 UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19 – REGIONAL CENTER (US 19- RC); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for legal description; US 19 – Regional Center (US 19- RC) (ANX2020-10012) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9422-21. Ordinance No. 9423-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A  ANX2020‐10012; 17‐29‐16‐00000‐140‐0600; A portion of 2970 Gulf to Bay Boulevard  Legal Description:  NORTH 20' OF THE FOLLOWING DESCRIBED PROPERTY COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 17 AND RUN NORTH 0 DEG. 37' 03" EAST, ALONG THE EASTERLY BOUNDARY LINE OF SAID SECTION 17, A DISTANCE OF 50.00 FEET TO A POINT INTERSECTING THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 60; THENCE RUN SOUTH 89 DEG. 46' 01" WEST, ALONG SAID RIGHT-OF- WAY LINE, A DISTANCE OF 213.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE ALONG THE PREVIOUS COURSE, A DISTANCE OF 150.00 TO A POINT; LEAVING SAID RIGHT-OF-WAY LINE, RUN NORTH 0 DEG. 37' 03" EAST, A DISTANCE OF 300.00 FEET TO A POINT; THENCE RUN NORTH 89 DEG. 46' 01" EAST, A DISTANCE OF 150.00 FEET TO A POINT; THENCE RUN SOUTH 0 DEG. 37' 03" WEST, A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING, LESS THAT PORTION TAKEN FOR ROAD RIGHT-OF-WAY PURPOSES BY ORDER OF TAKING RECORDED IN O.R. BOOK 6750, PAGE 808, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.   Exhibit B PROPOSED FUTURE LAND USE MAP Owner(s): Gulf to Bay JV Partners, LLC Case: ANX2020-10012 Site: A portion of 2970 Gulf to Bay Boulevard Property Size(Acres): ROW (Acres): 0.067 Land Use Zoning PIN: 17-29-16-00000-140-0600 From : Commercial Generail (CG) Unzoned Atlas Page: 291B To: US 19 – Regional Center (US 19-RC) US 19 16 05292 4 5 8 7 6 3 A 1 2 3 4 5 678910 1 2 3 4 5 6 789101112 1 2 3 4 5 6 7 89101112 1 2 3 4 5 678910 1 2 3 4 5 6 789101112 1 2 3 4 5 67891011 (13) 53892 3 5 A B 1 2 3 4 2 1 73353 1 14/06 114/052 14/053 14/01 2.21 1.16 234 1 AC(C) AC(C) AC(C) AC(C) 1 1 11 1 1 I I US 19-RC I I US 19-RC US 19-RC I RU RU R/OSUS 19-RC US 19-RC RURU US 19-RC US 19-RC US 19-RC US 19-RC RU RU US 19-RC GULF-TO-BAY BLVD S BAYVIEW AVE MEADOW LARK LN CAROLINA AVE TENNESSEE AVE 323 5 1 7 400 227 210 201 2950299029813040298530183009297529632960300430003006294630013021301430163004301830072970A2970B2970C6 0 3 407 5 2 0 307 200 224 220 5 1 7 309 225 309 2999303630173040301330063000-Not to Scale--Not a Survey-Rev. 10/7/2020 Ordinance No. 9424-21 ORDINANCE NO. 9424 -21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING A PORTION OF REAL PROPERTY LOCATED ON THE NORTH SIDE OF GULF TO BAY BOULEVARD APPROXIMATELY 280 FEET WEST OF BAYVIEW AVENUE, WHOSE POST OFFICE ADDRESS IS 2970 GULF TO BAY BOULEVARD, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19; PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9422-21. Property Zoning District See attached Exhibit A for Legal Description; US 19 (ANX2020-10012) Ordinance No. 9424-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A  ANX2020‐10012; 17‐29‐16‐00000‐140‐0600; A portion of 2970 Gulf to Bay Boulevard  Legal Description:  NORTH 20' OF THE FOLLOWING DESCRIBED PROPERTY COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 17 AND RUN NORTH 0 DEG. 37' 03" EAST, ALONG THE EASTERLY BOUNDARY LINE OF SAID SECTION 17, A DISTANCE OF 50.00 FEET TO A POINT INTERSECTING THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 60; THENCE RUN SOUTH 89 DEG. 46' 01" WEST, ALONG SAID RIGHT-OF- WAY LINE, A DISTANCE OF 213.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE ALONG THE PREVIOUS COURSE, A DISTANCE OF 150.00 TO A POINT; LEAVING SAID RIGHT-OF-WAY LINE, RUN NORTH 0 DEG. 37' 03" EAST, A DISTANCE OF 300.00 FEET TO A POINT; THENCE RUN NORTH 89 DEG. 46' 01" EAST, A DISTANCE OF 150.00 FEET TO A POINT; THENCE RUN SOUTH 0 DEG. 37' 03" WEST, A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING, LESS THAT PORTION TAKEN FOR ROAD RIGHT-OF-WAY PURPOSES BY ORDER OF TAKING RECORDED IN O.R. BOOK 6750, PAGE 808, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.   Exhibit B PROPOSED ZONING MAP Owner(s): Gulf to Bay JV Partners, LLC Case: ANX2020-10012 Site: A portion of 2970 Gulf to Bay Boulevard Property Size(Acres): ROW (Acres): 0.067 Land Use Zoning PIN: 17-29-16-00000-140-0600 From : Commercial Generail (CG) Unzoned Atlas Page: 291B To: US 19 – Regional Center (US 19-RC) US 19 16 05292 4 5 8 7 6 3 A 1 2 3 4 5 678910 1 2 3 4 5 6 789101112 1 2 3 4 5 6 7 89101112 1 2 3 4 5 678910 1 2 3 4 5 6 789101112 1 2 3 4 5 67891011 (13) 53892 3 5 A B 1 2 3 4 2 1 73353 1 14/06 114/052 14/053 14/01 2.21 1.16 234 1 AC(C) AC(C) AC(C) AC(C) 1 1 11 1 1 GULF-TO-BAY BLVD S BAYVIEW AVE MEADOW LARK LN CAROLINA AVE TENNESSEE AVE US 19 I I I LMDR OS/R 323 407 307 400 224 227 210 201 295029812985300929752963296029463001302130363016301730403013301830072970A2970C6 0 3 5 2 0 5 1 7 200 220 5 1 7 309 225 309 299030403018300430003006299930143004300630002970B-Not to Scale--Not a Survey-Rev. 10/7/2020 LOCATION MAP Owner(s): Gulf to Bay JV Partners, LLC Case: ANX2020-10012 Site: A portion of 2970 Gulf to Bay Boulevard Property Size(Acres): ROW (Acres): 0.067 Land Use Zoning PIN: 17-29-16-00000-140-0600 From : Commercial Generail (CG) Unzoned Atlas Page: 291B To: US 19 – Regional Center (US 19-RC) US 19 GULF-TO-BAY BLVD BAYSIDE BRG C R 3 1 S McMULLEN BOOTH RD THORNTON RD MEADOW LARK LN S BAYVI EW AVE ROGERS ST CLEVELAND ST BAY ST CHERRY LN EAST AVE WEST AVE VIRGINIA AVE KENTUCKY AVE S BAYVIEW AVE ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 10/7/2020 AERIAL PHOTOGRAPH Owner(s): Gulf to Bay JV Partners, LLC Case: ANX2020-10012 Site: A portion of 2970 Gulf to Bay Boulevard Property Size(Acres): ROW (Acres): 0.067 Land Use Zoning PIN: 17-29-16-00000-140-0600 From : Commercial Generail (CG) Unzoned Atlas Page: 291B To: US 19 – Regional Center (US 19-RC) US 19 GULF-TO-BAY BLVD GULF-TO-BAY BLVD S BAYVIEW AVE S BAYVIEW AVE MEADOW LARK LN MEADOW LARK LN CAROLINA AVE CAROLINA AVE BAYVI EW AVE BAYVI EW AVE TENNESSEE AVE TENNESSEE AVE -Not to Scale--Not a Survey-Rev. 10/7/2020 PROPOSED ANNEXATION Owner(s): Gulf to Bay JV Partners, LLC Case: ANX2020-10012 Site: A portion of 2970 Gulf to Bay Boulevard Property Size(Acres): ROW (Acres): 0.067 Land Use Zoning PIN: 17-29-16-00000-140-0600 From : Commercial Generail (CG) Unzoned Atlas Page: 291B To: US 19 – Regional Center (US 19-RC) US 19 16 05292 4 5 8 7 6 3 A 1 2 3 4 5 678910 1 2 3 4 5 6 789101112 1 2 3 4 5 6 7 89101112 1 2 3 4 5 678910 1 2 3 4 5 6 789101112 1 2 3 4 5 67891011 (13) 53892 3 5 A B 1 2 3 4 2 1 73353 1 14/06 114/052 14/053 14/01 2.21 1.16 234 1 AC(C) AC(C) AC(C) AC(C) 1 1 11 1 1 GULF-TO-BAY BLVD S BAYVIEW AVE MEADOW LARK LN CAROLINA AVE TENNESSEE AVE 323 407 307 400 224 227 210 201 29502981298530092975296329602946300130213036301630173040301330183006300730002970A2970C6 0 3 5 2 0 5 1 7 200 220 5 1 7 309 225 309 2990304030183004300030062999301430042970B-Not to Scale--Not a Survey-Rev. 10/7/2020 ANX2020-10012 Gulf to Bay JV Partners, LLC A Portion of 2970 Gulf to Bay Boulevard View looking north at the subject property, 2970 Gulf to Bay Boulevard Across the street, to the south of the subject property East of the subject property West of the subject property View looking easterly along Gulf to Bay Boulevard View looking westerly along Gulf to Bay Boulevard Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8578 Agenda Date: 12/17/2020 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-63. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/17/2020 Resolution No. 20-63 RESOLUTION NO. 20-63 CONFIRMATION OF COVID-19 EMERGENCY PROCLAMATION – Dec. 17, 2020 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING DECLARATIONS OF A STATE OF EMERGENCY; PROVIDING AN EFFECTIVE DATE. WHEREAS, a state of emergency in the City of Clearwater was proclaimed by Mayor George N. Cretekos, upon recommendation by the Emergency Management Director (City Manager William B. Horne), after certification of emergency conditions by the Emergency Management Coordinator (Fire Division Chief of Emergency Management Jevon Graham), on March 18, 2020 due to the unmitigated spread of coronavirus disease (COVID-19); and WHEREAS, the March 18, 2020 state of emergency was confirmed by City Council in Resolution 20-11 later that day, extended 7 days by Mayor George N. Cretekos on March 25, extended 7 days by Mayor Frank Hibbard on April 1, confirmed by City Council in Resolution 20-14 on April 2, extended 7 days by Mayor Frank Hibbard on April 8 and 15, confirmed by City Council in Resolution 20-16 on April 16, extended 7 days by Mayor Frank Hibbard on April 22, 29, and May 6, confirmed by City Council in Resolution 20-19 on May 7, extended 7 days by Mayor Frank Hibbard on May 13 and 20, confirmed by City Council in Resolution 20-22 on May 21, extended 7 days by Mayor Frank Hibbard on May 27 and June 3, confirmed by City Council in Resolution 20-28 on June 4, extended 7 days by Mayor Frank Hibbard on June 10 and 17, confirmed by City Council in Resolution 20-30 on June 18, extended 7 days by Mayor Frank Hibbard on June 24, July 1, 8, and 15, confirmed by City Council in Resolution 20-32 on July 16, extended 7 days by Mayor Frank Hibbard on July 22, 29, and August 5, confirmed by City Council in Resolution 20-36 on August 6, and extended 7 days by Mayor Frank Hibbard on August 12 and 19, confirmed by City Council in Resolution 20-44 on August 20, extended 7 days by Mayor Frank Hibbard on August 26 and September 2, confirmed by City Council in Resolution 20-47 on September 3, extended 7 days by Mayor Frank Hibbard on September 9 and 16, confirmed by City Council in Resolution 20-51 on September 17, extended 7 days by Mayor Frank Hibbard on September 23 and 30, confirmed by City Council in Resolution 20-53 on October 14, extended 7 days by Mayor Frank Hibbard on October 21, 28, and November 4, confirmed by City Council in Resolution 20-56 on November 5, extended 7 days by Mayor Frank Hibbard on November 11 and 18, confirmed by City Council in Resolution 20-60 on November 19, extended 7 days by Mayor Frank Hibbard on November 25 and December 2, confirmed by City Council in Resolution 20-62 on December 3, and extended 7 days by Mayor Frank Hibbard on December 9 and 16, 2020; and WHEREAS, COVID-19 is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza, with no available vaccine or cure; and WHEREAS, on January 31, 2020 the United States Department of Health and Human Services declared that a public health emergency exists nationwide as a result of confirmed cases of COVID-19 in the United States; and Resolution No. 20-63 WHEREAS, on March 1, 2020 Governor Ron DeSantis issued Executive Order 20- 51, declaring that appropriate measures to control the spread of COVID-19 in the State of Florida are necessary, and therefore directed that a Public Health Emergency be declared in the State of Florida; and WHEREAS, on March 9, 2020 Governor Ron DeSantis issued Executive Order 20- 52 declaring a State of Emergency for COVID-19; and WHEREAS, the World Health Organization declared COVID-19 a pandemic on March 11, 2020, which is defined as “worldwide spread of a new disease,” and is the first declared pandemic since the H1N1 "swine flu" in 2009; and WHEREAS, on March 13, 2020 President Donald J. Trump declared a national state of emergency; and WHEREAS, on March 16, 2020 President Trump and CDC issued the “15 Days to Slow the Spread” guidance advising individuals to adopt far-reaching social distancing measures. such as working from home and avoiding gatherings of more than 10 people; and WHEREAS, on March 17, 2020 Governor Ron DeSantis issued Executive Order 20- 68 closing bars, pubs and nightclubs for 30 days, recommending that public beachgoers follow CDC guidelines limiting group sizes and social distancing, and ordering that restaurants limit occupancy to 50% of current building capacities and begin employee screening; and WHEREAS, on March 18, 2020 the City of Clearwater passed Resolution 20-11, cancelling most City meetings and groups, prohibiting all in-person gatherings of 10 people or more, closed all beaches, closed all libraries, closed all recreation centers, required businesses open to the public to provide hand sanitizer, gave the Emergency Management Director authority to close parking as necessary, prohibited price gouging, and enabled emergency procurement procedures; and WHEREAS, on March 19, 2020 Pinellas County passed Resolution 20-17, closing all public beaches within the county; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 71, suspending all sales of food and alcohol in the State by establishments for on-site consumption and allowing for take-out or delivery service, and closing all gyms and fitness centers; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 72, prohibiting elective and unnecessary medical procedures; and Resolution No. 20-63 WHEREAS, on March 24, 2020 Governor Ron DeSantis issued Executive Order 20- 83, recommending an advisory to all persons over 65 and those with underlying serious medical conditions to stay home and limit risk of exposure; and WHEREAS, on March 25, 2020 Pinellas County passed Resolution 20-20, “COVID- 19 Safer at Home Order,” directing individuals to limit non-essential activity and/or transportation, closing places of public assembly, and ordering the closure of non-essential businesses if they can not comply with current CDC social distancing guidelines; and WHEREAS, on March 27, 2020 Governor Ron DeSantis issued Executive Order 20- 86, retroactively ordering any person entering the State of Florida from “an area with substantial community spread” to self-quarantine for 14 days and inform anyone they have had direct physical contact with of their status; and WHEREAS, on April 1, 2020 Governor Ron DeSantis issued Executive Orders 20- 91 and 20-92, ordering all persons in Florida to limit their movements and personal interactions outside of their homes to only those necessary to obtain or provide essential services or conduct essential activities; and WHEREAS, on April 16, 2020 the City Council extended for 30 days and modified those emergency measures enacted by Resolution 20-11; and WHEREAS, on April 28, 2020 Pinellas County passed Resolution 20-34, “Order Relaxing Beach Restrictions With Conditions,” allowing public beaches to reopen consistent with CDC social distancing guidelines effective May 4, 2020; and WHEREAS, on April 29, 2020 Governor Ron DeSantis issued Executive Order 20- 112, ordering all persons in Florida to continue to limit their movements and personal interactions outside of their homes, and allowing restaurants to resume on-premises service with restrictions; and WHEREAS, on May 1, 2020 Pinellas County passed Resolution 20-39 “Order Clarifying Local Restrictions,” which gives support to Governor DeSantis’ EO 20-112, terminates Pinellas County Res. 20-20 and 20-23, but continues to restrict public playgrounds and pools, and requires social distancing; and WHEREAS, on May 1, 2020 City of Clearwater Emergency Management Director William B. Horne announced that Clearwater beaches would reopen May 4 in conjunction with Pinellas County’s Res. 20-34; and WHEREAS, on May 14, 2020 Governor Ron DeSantis issued Executive Order 20- 123, initiating the full Phase 1 of his “Safe. Smart. Step-by-Step. Plan for Florida’s Recovery” relaxing social distancing requirements and allowed limited reopening of businesses, including gyms and fitness centers; and Resolution No. 20-63 WHEREAS, on May 21, 2020 the City Council adopted Resolution 20-22 terminating the emergency measures portions of Resolutions 20-11, 20-16, and 20-19, and granting the Emergency Management Director authority and flexibility to manage City facilities in response to Covid-19; and WHEREAS, on June 3, 2020 Governor Ron DeSantis issued Executive Order 20- 139, initiating Phase 2 of his “Safe. Smart. Step-by-Step. Plan for Florida’s Recovery” which further relaxes social distancing guidelines, including avoiding congregating in groups larger than 50 persons, allows for restaurants, bars, and entertainment businesses to operate at 50% indoor capacity; and WHEREAS, on June 23, 2020 Pinellas County passed Ordinance 20-14 mandating, with some exceptions, that individuals wear a face covering in public indoor places, and encouraged exempt government entities to enact their own similar procedures to protect employees and members of the public; and WHEREAS, on June 25, 2020 City of Clearwater Emergency Management Director William B. Horne ordered that all persons, with some exceptions, wear a face covering in public indoor places within City of Clearwater buildings, facilities, and properties in conjunction with Pinellas County’s Ord. 20-14; and WHEREAS, on June 26, 2020 the Florida Department of Business and Professional Regulation issued Executive Order 2020-09 suspending on-premises consumption of alcoholic beverages by vendors who derive more than 50% of gross revenue from sales of alcoholic beverages; and WHEREAS, on July 16, 2020 the City Council adopted Resolution 20-32 confirming extensions of the state of emergency and confirming the Emergency Management Director’s face covering order; and WHEREAS, on July 29, 2020 Governor Ron DeSantis issued Executive Order 20- 179 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum, and Executive Order 20-180 extending prior executive orders suspending mortgage foreclosure and eviction final actions; and WHEREAS, on August 7, 2020 Governor Ron DeSantis issued Executive Order 20- 193 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum until October 1, 2020; and WHEREAS, on August 31, 2020 Governor Ron DeSantis issued Executive Order 20-211 extending a prior executive order suspending final executions of mortgage foreclosure and eviction actions until October 1, 2020; and WHEREAS, on September 4, 2020 Governor Ron DeSantis issued Executive Order 20-213 extending the statewide state of emergency an additional 60 days; and Resolution No. 20-63 WHEREAS, on September 10, 2020 the Florida Department of Business and Professional Regulation issued Emergency Order 2020-10 rescinding Emergency Order 2020-09, effective 12:01 a.m. Monday September 14, allowing bars to reopen at 50% capacity pursuant to the Governor’s Executive Order 20-39; and WHEREAS, on September 25, 2020 Governor Ron DeSantis issued Executive Order 20-244, titled “Phase 3; Right to Work; Business Certainty; Suspension of Fines.” The order rescinds prior restrictions on business, prohibits emergency ordinances preventing individuals from working or from operating a business, and suspends the collections of fines and penalties associated with COVID-19 against individuals; and WHEREAS, on September 30, 2020 Governor Ron DeSantis issued Executive Order 20-246 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum; and WHEREAS, on November 3, 2020 Governor Ron DeSantis issued Executive Order 20-276 extending the statewide state of emergency an additional 60 days; and WHEREAS, on November 24, 2020 Governor Ron DeSantis issued Executive Order 20-297 extending Executive Order 20-244 (Phase 3; Right to Work; Business Certainty; Suspension of Fines) for the duration of the state of emergency due to COVID- 19, set to expire January 2, 2021 unless ratified and reaffirmed before then; and WHEREAS, as of December 17, 2020 1,136,024 Florida residents (1,155,335 total cases in Florida including non-residents), including 67,060 in Hillsborough County (including 1,011 deaths), 19,389 in Manatee County (including 400 deaths), 18,385 in Pasco County (including 329 deaths), and 38,783 in Pinellas County (including 966 deaths) have tested positive for COVID-19; and WHEREAS, the City of Clearwater continues to be threatened by COVID-19 because of the apparent ability of the virus to spread rapidly among humans, and COVID- 19 thereby constitutes a clear and present threat to the health, safety, and welfare of the citizens and visitors of the City of Clearwater, and WHEREAS, Section 252.38, Florida Statutes authorizes the establishment and amendment of emergency measures during a state of emergency; and WHEREAS, Chapter 15, Code of Ordinances requires City Council to confirm any declaration of a state of emergency and all emergency regulations activated under the provisions of this chapter at their next regularly scheduled meeting; now, therefore, Resolution No. 20-63 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. The December 9, 2020 state of emergency proclamation is hereby confirmed. Section 2. The December 16, 2020 state of emergency proclamation is hereby confirmed. Section 3. This resolution shall take effect immediately. The state of emergency must be renewed in seven-day increments pursuant to § 15.07(5), Code of Ordinances. PASSED AND ADOPTED this 17th day of December, 2020. Attest: ___________________________ _______________________________ Rosemarie Call Frank Hibbard City Clerk Mayor Approved as to form: ___________________________ Pamela K. Akin City Attorney Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Resolution 20-59 Agenda Date: 12/17/2020 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Accept a 10-foot utility easement from 1990 N. McMullen Booth Road, LLC for the construction, installation and maintenance of city utility facilities on real property located at 3055 Union St. and adopt Resolution 20-59. SUMMARY: The Utility Easement will allow the City rights for construction, installation and maintenance of utility facilities on the commercial site where a memory care facility has been constructed. The City Engineering Department recommends acceptance of the easement. Page 1 City of Clearwater Printed on 12/17/2020 Resolution No. 20-59 RESOLUTION NO. 20-59 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A 10-FOOT UTILITY EASEMENT FROM 1990 N. MCULLEN BOOTH ROAD, LLC, FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater requires a 10-foot utility easement from 1990 N. MCULLEN BOOTH ROAD, LLC for the construction, installation, and maintenance of certain utility facilities; and WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to accept said grant of easement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA: Section 1. The City Council of the City of Clearwater hereby accepts the Utility Easement, a copy of which is attached hereto and incorporated herein as Exhibit “A” to Resolution 20-59. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of _________________, 2020. ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk EXHIBIT A TO RESOLUTION 20-59 UNION ST N McMULLEN BOOTH RD CEDAR ST ME A D O W B R O O K DRMAJESTIC O A K S B L V D N McMULLEN BOOTH RD 2427463192 90 88 5782 6594 5986 84 18201828 2 1 2 12116 20403055212221143025 18852123 210980 183021282133 AERIAL MAP ² N.T.S.Scale: Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\3055 Union Proposed Util Easement\3055 Union ProUtilEase.mxd803PROPOSED NEW UTILITY EASEMENT Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed New Utility Easementto City of Clearwater3055 Union St Page 1 of 1Aerial Flown 2019XXXXGrid #:XX-XXs-XXeS-T-R:Date:11/10/2020CRMMap Gen By:RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8532 Agenda Date: 12/17/2020 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Approve the 2021 State Legislative Agenda. SUMMARY: Each year, the City submits a list of legislative priorities for consideration by the state legislature during their annual 60-day session in Tallahassee. The City’s legislative liaison works closely with city staff and the City’s lobbying team in Tallahassee to draft a package that is beneficial to Clearwater, and to lobby that package locally and in Tallahassee. Preparation of the package involves determining areas of need, researching funding availability, identifying needed legislation, monitoring and evaluating current legislative issues. Page 1 City of Clearwater Printed on 12/17/2020 Issues to Support We support legislation and programs that benefit municipalities and assist in implementing services to meet the needs of our citizens and improve their quality of life including:  Provide full funding of the Florida State and Local Housing Trust Funds and ensure those funds be used exclusively for affordable housing.  Repeal the state preemption of vacation rental property laws to allow local governments to regulate such properties to protect the health and welfare of their residents, visitors and businesses.  Preserve the statewide program that assists local governments with maintaining Spring Training facilities.  Establish a framework for a state water infrastructure and water quality funding program that includes sustainable utility practices and intragovernmental coordination.  Allow municipalities to establish smoke-free zones within the boundaries of a city park.  Develop funding opportunities to coordinate state resiliency programs with those of local governments.  Increase funding for mental health services.  Repeal the state preemption on tree removals for residential properties to allow local governments to regulate tree preservation, removals and replacements to protect the environment and the health and welfare of their residents, visitors and businesses.  Authorize the Fish and Wildlife Commission to establish a derelict vessel prevention program and allow law enforcement to relocate vessels at risk of becoming a public nuisance.  Designate all waters of the State to be No Discharge Zones and penalize individuals who discharge sewage, treated or untreated, from any vessel.  Provide an additional exemption for concealed weapons or firearms for ticketed concert events on public property.  Provide intergovernmental coordination that supports sustainability and resiliency efforts at the county and municipal levels.  Expand Medicaid eligibility requirements to include household incomes up to 138 percent of the federal poverty level. Imagine Clearwater  $10 million  Transform the City’s waterfront Downtown park into additional greenspace featuring playgrounds, gardens, an entertainment venue, and a bluff walk. Imagine Clearwater will improve the connection between the waterfront and Downtown, while increasing vibrancy and economic activity. North Ward Elementary  $3 million  Rehabilitate and preserve the historic North Ward School for adaptive reuse. This project will preserve the historic building, help to revitalize the surrounding low to moderate-income neighborhood, and provide a transition into the Seminole Boat Ramp area. Issues to Oppose We oppose legislation that is detrimental to Clearwater and other municipalities including:  Erosion of local self-government (Home Rule), a constitutional right Floridians supported in a statewide vote 53 years ago.  Increased regulation of, or restrictions on, municipal operations and budgeting.  Preemption of local government’s ability to regulate Airbnb rentals, or similar marketplaces, that allow individuals to rent out unused spaces in their homes for lodging.  Weakening existing laws related to offshore oil drilling in the Gulf of Mexico.  Restriction or elimination of Community Redevelopment Agencies.  Imposed consolidation of municipal and county services. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8581 Agenda Date: 12/17/2020 Status: City Manager ReportVersion: 1 File Type: City Manager Verbal Report In Control: City Manager's Office Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Authorize the issuance of the waterfront bluff properties request for proposals. SUMMARY: The City of Clearwater, along with the Clearwater Community Redevelopment Agency (CRA), are seeking requests for proposals from interested investors to help redevelop three sites in Downtown Clearwater. The City and CRA are seeking proposals for mixed-use development in order to bring more activity and economic regeneration to Downtown Clearwater. Ultimately, the City and CRA will be selecting qualified candidates to redevelop these sites. All three sites have waterfront views and close proximity to Downtown amenities. The first location, the Harborview Site, is about 1.43 acres and is located at the north east corner of Osceola Avenue and Cleveland Street. This site will have the highest priority due to its location on a major commercial corridor and at the entrance of the redevelopment and the now under construction Coachman Park. The second location, the former City Hall Site, is about 2.60 acres and is located at 112 South Osceola Avenue, which is at the northwest corner of Osceola Avenue and Pierce Street. The City and CRA are exploring options for a cultural attraction along with additional options for redevelopment on remaining portions of the parcel. The third and final location is the Pierce Street Site, also referred to as the former CMA lot, located on the southwest corner of Osceola Avenue and Pierce Street, directly south of the City Hall Site. This site is a 1.23-acre vacant parcel also contemplated for single or mixed-use redevelopment. Page 1 City of Clearwater Printed on 12/17/2020 City of Clearwater Downtown Clearwater Development Opportunities RFP │ 1 Downtown Clearwater Waterfront Development Opportunities Harborview Site (Cleveland St. and N. Osceola Ave), City Hall Site (Pierce St. and S. Osceola Ave.), and Pierce St. Site (Pierce St. and S. Osceola Ave). Request for Proposals City of Clearwater Image Copyright Jeremiah Y. Khokhar City of Clearwater Downtown Clearwater Development Opportunities RFP │ 2 TABLE OF CONTENTS I. Summary of Development Opportunity ............................................................................................................... 3 II. A Downtown Poised for Transformation ............................................................................................................... 6 III. Project Goals ............................................................................................................................................................. 16 IV. Site Details ................................................................................................................................................................. 17 V. Regulatory Framework ............................................................................................................................................ 21 VI. Submission Requirements ..................................................................................................................................... 24 VII. Evaluation Criteria .................................................................................................................................................. 28 VIII. Selection Schedule & Contact ............................................................................................................................ 33 City of Clearwater Downtown Clearwater Development Opportunities RFP │ 3 I. Summary of Development Opportunity The City of Clearwater (the “City”) and the Clearwater Redevelopment Agency (“CRA”) are jointly seeking requests for proposals from respondents to develop three prime waterfront sites in Downtown Clearwater. The City invites qualified applicants to submit proposals and qualifications for the transformation of the three City-owned sites into vibrant mixed-use properties that will bring activity and regeneration to Downtown, in support of the City’s and the CRA’s vision for Downtown. The City and CRA will ultimately seek to select one or multiple qualified Development Team(s) to redevelop the sites through Requests for Proposals. The three parcels represent a prime development opportunity in the heart of Downtown Clearwater. Each of these sites will offer unparalleled waterfront views, as well as adjacency to Downtown amenities, including the new Imagine Clearwater waterfront park—a $64 million dollar transformation of the city’s Downtown waterfront into additional greenspace, marina facilities, playgrounds, gardens and entertainment venues. The sites are also conveniently located a short distance from the world-renowned Clearwater Beach. Flexibility in zoning, public incentives, and the unwavering commitment by the City and CRA to redevelop City-owned land and invest in Downtown Clearwater, make this an opportunity for innovative and unparalleled development. The sites are all located along Osceola Avenue, in the heart of Downtown Clearwater. The first parcel, the former site of the Harborview Center (+/- 1.43 acres), is located just to the north of the intersection of Osceola and Cleveland Street, Downtown’s major commercial corridor. Today, it is a vacant site adjacent to Clearwater’s Main Library and will be the main entry point from Downtown to the new waterfront park. The Harborview site is the City’s greatest priority for redevelopment out of the three sites, given its pivotal location, including its immediate adjacency to the park entrance. The other two redevelopment sites are the City Hall site (+/- 2.60 acres) and the Pierce St. site (+/- 1.23 acres). The City Hall site is located at 112 S. Osceola Ave, at the intersection of Pierce St. and Osceola Ave. The City has relocated the functions of City Hall to a building in Downtown and will be demolishing the existing structure. The Pierce St. site is an empty lot located at the intersection of Osceola and Pierce St., across from the City Hall site. Figure 1: Waterfront Sites Vacant Lot Harborview Site City Hall Site +/-1.23 Ac.+/-2.60 Ac. +/-1.43 Ac. Jeremiah Y. Khokhar City of Clearwater Downtown Clearwater Development Opportunities RFP │ 4 Downtown Clearwater is experiencing a significant uptick in investment and is strengthened by an emerging arts scene, a variety of international cuisines, and numerous special events. The City and CRA are committed to the success of the project and envision these parcels as a major opportunity to create more Downtown residential concentration, and to connect Imagine Clearwater’s waterfront amenities with the Downtown Core. With the recent creation of an Opportunity Zone in this area, the City continues to work closely with downtown stakeholders to promote private redevelopment in parallel with the City’s significant public improvement projects. The City and CRA are open to a developer, or development team, which may be interested in developing one, two, or all three of the sites, understanding that the Harborview site is of special priority to the City. The optimal development partner(s) will be an experienced team that can successfully deliver a mixed-use development program that advances the City and the CRA’s vision for Downtown and its waterfront. The City’s goals for the redevelopment of the sites are explained in detail in sections III and IV of this document. The City is required by City Charter to hold a public referendum to sell or lease the Harborview and City Hall sites for non-City-facility uses; the Pierce St. site does not require a referendum for its disposition. The referendum process will occur following the evaluation and selection process of the prospective development partner. Referendum strategy, including specific dates and information, is further discussed in Sections VII and VIII. After a preliminary non-binding Request for Expressions of Interest (RFEI) to inform the disposition strategy and development process, the City and CRA are now prepared to solicit a development partner or partners through this Request for Proposals (RFP). Parties interested in responding to this RFP are not required to have submitted responses to the aforementioned RFEI. The RFEI process allowed the City to identify a number of areas of focus to guide and enhance the redevelopment opportunities under the RFP process: • City and Community Support. The support of the City, CRA, and the local community in continuing to advance Imagine Clearwater and the redevelopment of City-owned land, implementing the immediate goal of transforming Downtown Clearwater’s into world-class destination, is central to this RFP. o The City and CRA bring a proven track record in supporting redevelopment by partnering with private developers and businesses. This is evident in the numerous funding, incentive-based, and redevelopment projects throughout Downtown Clearwater supported by the City and CRA in the last few years. o Imagine Clearwater, the multi-million-dollar master plan for the revitalization of Downtown Clearwater was supported unanimously by The Clearwater City Council and endorsed by 75.8 percent of the votes in a public referendum. o The amenity-rich waterfront park, a $64 million dollar investment funded by the City (with preliminary demolition and utility work started and full completion anticipated in 2023) is telling of the vitality soon to be infused in the area, making the adjacent Downtown sites prime opportunities for innovative placemaking that will be embraced by the City and community alike. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 5 • The public referendum process. Two of the three sites within this RFP, the City Hall and Pierce Street sites, require a public referendum for disposition. The planning of the referendum will strategically occur in tandem with the evaluation and selection of preferred development partner(s). The referendum date will occur after development partner selection. By planning for the referendum in tandem with evaluation of partners, a potential pre-screening of community members can occur, streamlining the summarization of key project metrics and preparation of referendum question responses, ideally mitigating risk for potential partners and their proposed projects. • Flexibility. The City is aligned with potential partners’ flexible adaptation of zoning, allowable use, and FAR requirements to enhance value. The City will consider the utilization of increased FAR as well as proposals demonstrating creative introduction of a mix of uses. The City has specifically revisited the requirements for the Harborview Site, notably employing a flexible approach to height and bulk as respondents deem necessary to achieve the requirements outlined within this RFP. • Incentives. The City and CRA regularly evaluate opportunities to incentivize development in Downtown Clearwater. The City has committed to fund the entirety of the Imagine Clearwater master plan which was made possible through tax revenues and bonds. Various incentives will also be available to subsidize workforce housing, public amenities, and public parking across the three sites. Funding sources include the CRA Fund, and the City Parking Fund. The General Fund and Enterprise Funds support the waiver or reduction of fees, such as permit and impact fees, as well as streetscape improvements. Detailed information about these incentives and applicable uses is addressed in Section V. Regulatory Framework, Opportunities for Tax Credits & Alternative Financing. In responses to this Request for Proposals (RFP), respondents are required to address specific details outlined within this document, including but not limited to a specific program proposal, a detailed financial plan, and a detailed management structure for construction and property management. The City/CRA will select one or more teams to enter into negotiations to reach a development agreement, with a preferred development partner being selected in advance of the public referendum. The selection of a development partner is targeted for fall of 2021. The referendum is targeted to occur no later than March 2022. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 6 II. A Downtown Poised for Transformation REGIONAL CONTEXT The City of Clearwater, located on the West Coast of Florida, is the third largest city in the Tampa Bay region, with an estimated population of nearly 120,000 residents. The Tampa Bay region is one of the most dynamic and fastest-growing metro areas in the country, with a current population of 3.14 million. Last year, the MSA earned the ninth spot on the Census list for top metro areas in numeric growth (2017-2018), after experiencing an influx of more than 50,000 new residents (1.6% growth, more than double the national rate).1 Furthermore, many of these new residents are millennials, with the Tampa Bay region seeing 7.6% growth in new residents age 25-34.2 Many new residents have been drawn to the Tampa Bay region, and Clearwater particularly, due to its natural beauty, perpetually warm weather, recreational resources and sites, and low cost of living, which begets a very high quality of life. Clearwater is centrally located on the Pinellas County peninsula near the cities of Tampa and St. Petersburg. Clearwater is a short drive to two international airports serving 22 million passengers annually and Port Tampa Bay, Florida’s most active port, and offers rail and interstate access connecting businesses to Miami, Orlando and Jacksonville, Florida's largest economies. 1 U.S. Census, American Community Survey 2017. 2 Tampa Bay Partnership, Regional Competitiveness Report, 2017. Figure 2: View of central Clearwater Beach waterfront resorts adjacent to Pier 60 City of Clearwater Downtown Clearwater Development Opportunities RFP │ 7 World-famous Clearwater Beach is at the heart of the Pinellas County tourism market, drawing 5 million visitors each year. Based on millions of reviews, the 2019 TripAdvisor Travelers’ Choice Award ranked Clearwater Beach No. 1 in the United States for the second year in a row, and No. 6 in the world. The City of Clearwater is home to the Philadelphia Phillies for spring training and a minor league baseball team, the Clearwater Threshers. The city also hosts several sports tournaments throughout the year that attract visitors from across the country. Clearwater is the home of the Clearwater Marine Aquarium and Winter the Dolphin, the subject of the “Dolphin Tale” book and movies. An $80 million expansion of the Aquarium was recently completed, increasing the current aquarium size by 5 times, featuring facilities for rescued animals, marine mammal rehabilitation pools, and expanded food court and retail offerings. As the county seat, the city supports a large number of county and municipal offices and is home to a growing and diverse business climate with established businesses in finance, information technology, software, insurance, marine science, medical technology, tourism, and advanced manufacturing. As of 2017, the Tampa-St. Petersburg-Clearwater MSA had an annual job growth rate of 2.4%, almost double the national average of 1.6%.3 Clearwater’s vibrant business community is drawn to its strong local workforce and a coastal lifestyle that offers a variety of outdoor recreational activities, world-class entertainment, and professional and collegiate sporting events. Additionally, workers are drawn to Clearwater’s desirable waterfront neighborhoods, which offer an abundance of homes rich in the Mediterranean, southern colonial, mid-century, and modern architectural styles. Surrounding downtown, the city has several historic neighborhoods where illustrious waterfront mansions give way to quaint, suburban feeling mid-century bungalows that sit just minutes from the heart of the Clearwater. Clearwater’s ease-of-access, diverse economy, celebrated tourism and leisure amenities, high quality and low cost of living, and impeccable climate lending itself to year-round activity position Clearwater well to maximize on the emerging “Work from Anywhere”4 mindset quickly gaining in practice and demand. At the essence of this movement is the sentiment that a diversified workplace offering flexibility in work location 3 Tampa Bay Partnership, Regional Competitiveness Report, 201 4 HR&A Advisors, Work from Home Will Fade. Work from Anywhere Will Thrive., 2020. Figure 3: View of Sand Key, Clearwater Beach City of Clearwater Downtown Clearwater Development Opportunities RFP │ 8 from traditional office to work from home to co-working spaces is a trend that is here to stay, that has already begun to transform our cities, and one that continues to create a new set of needs for cities and developers to competitively and creatively fulfill. In the wake of COVID-19, flexibility in workplace location has been compounded by the transition to a fully work-from-home model, offering further flexibility in geographic location. Downtown Clearwater exhibits a high quality of life that exemplifies many of the qualities sought after by workforce members seeking a range of options in terms of professional and personal lifestyle and presents an attractive opportunity for the City to creatively meet and showcase this demand to “Work from Anywhere.” CITY GOVERNMENT In the past 20 years, Clearwater has secured a reputation for successfully balancing major redevelopment and tourism projects while maintaining high-quality infrastructure. The city operates under a council/manager form of government. Policymaking and legislative authority are vested in the City Council, which consists of a mayor and four members elected at large on a nonpartisan basis. The City Manager is responsible for carrying out the policies and ordinances of the City Council, for overseeing the day-to-day operations of the City, and for appointing the heads of the City’s departments. This structure has allowed the City to secure long-term commitments to funding major improvements, such as the Imagine Clearwater Master Plan, North Marina Master Plan, and the Cleveland Streetscape Phase III/Market Festival projects, as well as other improvements in recreation facilities, stormwater infrastructure, and roadways. Clearwater is a traditional full-service municipality with additional services including water supply and distribution, public libraries, a gas utility, marina operations and an airpark. The City continues to proactively fund capital projects to support the City’s five utility operations, which consist of Water and Sewer, Stormwater, Solid Waste, Recycling, and Gas Utility operations. A total of $56.4 million is budgeted for utility capital projects for fiscal 2020 with a total of $409.5 million budgeted over the next six years. The City has an annual fiscal 2020 budget of $539.2 million, representing a decrease of $16.3 million across all city operations compared to the fiscal 2019 budget of $555.5 million. The General Fund budget accounts for expenditures of $152.2 million, a decrease of 2% from the fiscal 2019 budget of $154.7 million. The City of Clearwater prides itself on their business-friendly attitude, working closely with the Council and Mayor as a tight-knit, dynamic group of nimble decision makers united in their vision for Downtown as the core of the city. The CRA has been active in providing funding and partnership to its local businesses and neighborhoods offering business development and capital improvements, awarding multiple grants for interior and streetscape improvements, and sponsoring cultural and entertainment-based programs and experiences such as completing the Downtown Clearwater Mural Program ($100,000), partnering with The Dali Museum on a virtual reality exhibit ($60,000), as well as many others. In recent years, the City/CRA has successfully participated in public-private partnerships supporting projects in areas such as Capital Improvements: Clearwater Harbor Marina ($1.2 million in assistance) and Capitol Theater ($8.8 million renovation project); Redevelopment Incentives: Country Club Townhomes (over $1 million invested towards acquisition and development costs) and Water’s Edge Condominiums ($1 million in reimbursements for impact fees and site improvements); and Business Development: SPARK (a network to support developing businesses and entrepreneurs) and The Ring Workspaces ($600,000 investment in a co-working facility). Most recently, the City acquired a vacant historic elementary school ($1.8 million, 2019) with plans to redevelop with a private partner and successfully incentivized the locating of a brewery in Downtown Clearwater with a façade improvement grant. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 9 IMAGINE CLEARWATER Clearwater is experiencing a significant uptick of investment in its Downtown, signaling a new phase of revitalization for the city. The three sites included in the RFP are part of the Imagine Clearwater master plan area, which includes the area west of Osceola Avenue, bordered by Drew Street to the north and Court Street to the south. The Clearwater City Council is one of the strongest proponents of the Imagine Clearwater project and believes that this significant investment in open space and activation will catalyze increased development of the Downtown area, furthering Clearwater’s reputation as a world-class recreational destination and place to live and improving the attractiveness of the three redevelopment sites. The master plan features a signature waterfront park, as well as enhancements in surrounding publicly owned buildings, cultural spaces, and open space. The City expects that the highly-amenitized Imagine Clearwater plan will generate significant economic and community benefits for Clearwater. The new urban parks and surrounding improvements will allow residents and visitors to connect with nature and the arts, gather with family and friends, and enjoy a variety of activities through City-led programming efforts. Studies of parks across the U.S demonstrate that successful and highly-programmed parks and recreational uses can generate significant economic activity by increasing property values and driving economic development in communities, enhancing the visitor economy, and supporting regional resident and business attraction and job-creation.5 The $64 million dollar transformation of the Downtown waterfront, which voters endorsed in a November 2018 referendum, will include additional greenspace, marina facilities, playgrounds and an outdoor amphitheater. The park will also feature a scenic lake and gardens, family-friendly play spaces and a “Bluff walk” which will extend from Drew St to Cleveland St bordering the Harborview site. Additionally, the park will feature an outdoor amphitheater concert venue, drawing regional crowds to Downtown Clearwater. In addition to concerts, the covered 4000-seat complex will also be a venue for farmers markets, graduations, art festivals and other events.6 The City has prioritized the project – core park construction will begin in 2021 and is expected to be completed in full by 2023. Current designs are nearing 60% completion, and once approved will allow for core construction to commence, though preliminary demolition and utility relocation work have begun in preparation for this phase. The design is being led by Stantec, a top-tier global engineering firm. Figures 3 to 5 show recent renderings for the park. The City expects to have the design for the reconfigured park and updated cost estimates approved by the end of 2020, and has secured funding for the total $64 million investment. So far, funding is anticipated to come mostly from Penny for Pinellas one-cent sales tax revenue, City tax revenue, and up to $30 million of bond proceeds. The bonds were validated by a Pinellas County judge in September 2020. VISIT THE IMAGINE CLEARWATER WEBSITE FOR MORE INFORMATION ON THE PLAN AND RECENT DESIGN PROGRESS. 5 National Recreation and Park Association, Promoting Parks and Recreation’s Role in Economic Development, 2018. 6 At a meeting on June 16th, 2020 the Clearwater City Council voted 4-1 to move the covered amphitheater from the western edge of the park to the north side, in order for the greenspace of the 22-acre park to no longer be bifurcated by the venue and so the sound from the concerts projects eastward, as shown in Figure 2. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 10 City of Clearwater Downtown Clearwater Development Opportunities RFP │ 11 Figure 4: Imagine Clearwater Master Plan – Site Plan Figure 5: Imagine Clearwater waterfront park (30% stage renderings) PICTURE OF PARK PICTURE OF PARK Stantec City of Clearwater Downtown Clearwater Development Opportunities RFP │ 12 Figure 6: Imagine Clearwater waterfront park (30% STAGE renderings) Figure 7: Imagine Clearwater waterfront park (30% stage renderings) PICTURE OF PARK PICTURE OF PARK Stantec Stantec City of Clearwater Downtown Clearwater Development Opportunities RFP │ 13 DOWNTOWN CONTEXT In the Spring of 2014, Clearwater refocused its efforts on Downtown revitalization by sponsoring an Urban Land Institute (ULI) Advisory Panel to provide strategic advice on public investments to improve the downtown. The panel recommended a series of projects including the Imagine Clearwater Master Plan, North Marina Master Plan, and the Cleveland Streetscape Phase III/Market Festival project. Implementation of the Phase I North Marina Master Plan has been completed. Improvements to the North Marina Master Plan area include new landscaping, new lighting, new permanent restrooms, new trail extension through the marina to the waterfront park, new floating docks, new kayak launch area, two new parking areas, upgrades to the existing parking lot that include stormwater improvements, enhanced public walkways, additional public benches, additional green space, and improved park area at the end of Seminole Street.7 The Cleveland Streetscape Phase III/Market Festival project is also underway, with aims to enhance Cleveland Street, a major downtown thoroughfare that ends at the Imagine Clearwater park, into a pedestrian and bicycle friendly street. The goal of the Cleveland Streetscape Phase III project is to improve the roadway and make it safer in the Downtown Gateway, which stretches along Cleveland Street from Missouri Avenue to Gulf-to-Bay Boulevard and Cleveland Street to San Remo Avenue, by adding landscaping, enhancing street parking, improving sidewalks and adding bike lanes along the corridor. The Market Festival aspect of the project comes into play at the intersection of Cleveland Street and Gulf-to-Bay Boulevard, which will be known as the Festival Core. The Clearwater Redevelopment Authority has indicated that the convergence of these two major downtown thoroughfares has potential for a future 7 My Clearwater, North Marina Area and Seminole Boat Launch Improvements Announced, 2020. PICTURE OF PARK Stantec Figure 8: Imagine Clearwater waterfront park (30% stage renderings) City of Clearwater Downtown Clearwater Development Opportunities RFP │ 14 Mercado or market, which would hold events and offer a location for local artists, artisans and vendors to sell their items.8 Each of these projects will create new public amenities for enjoying the waterfront and experiencing the downtown renaissance. In 2018, The City adopted the Clearwater Downtown Redevelopment Plan and an updated zoning ordinance that set the stage to build a vibrant, mixed-use community with reduced parking requirements, a wide range of allowable uses and generous density and building height allowances. As identified in the ULI study, the City and the CRA are emphasizing the creation of a significant residential concentration in and around the Downtown Core that will strengthen the vibrancy of downtown’s retail, office, recreational, and entertainment uses. The three available City-owned sites are in the heart of Downtown Clearwater, offering unparalleled waterfront views of the Intracoastal Waterway, as well as direct access to Downtown. The sites are also conveniently located a short distance from world-renowned Clearwater Beach. The CRA envisions these parcels as a major opportunity to facilitate its strategy to increase residents and activity in downtown. Downtown Clearwater offers an emerging arts scene, a variety of international cuisines, and numerous special events and concerts along Cleveland Street and the existing Coachman Park. It is home to the Capital Theater, a live music venue that is the second highest-grossing theater of its size in the United States. Downtown is also home to several high-grossing start-ups such as KnowBe4, Connectwise and Tech Data. Below is a list of achievements and projects that have occurred or are underway in Downtown: • The completion of The Nolen (2017), a mixed-use development with 257 apartment units, 24,000 square feet of commercial space and 300 parking spaces. The Nolen was acquired by NM Residential in July 2018 for $44.5 million. • The completion of 1100 APEX (2019), a mixed-use 15-story development with 134 apartment units, 4,348 square feet of commercial space and 202 parking spaces. • The completion of Madison Point, an 80-unit age- and income-restricted development, at 400 S. Martin Luther King, Jr. Avenue. • A recently CRA-acquired 60+ space surface parking lot at the intersection of Cleveland Street and S. Martin Luther King, Jr. Avenue that will provide public parking for retail customers visiting nearby businesses. • The completion of The Ring (2018) a co-working space that meets the WELL standards for human health and wellness. • The “Best of Bay – People's Choice” award for the Dreams of Dali virtual reality exhibit. • Over $2 million in CRA grant funds to support 13 new restaurants and bars. • North Marina Master Plan Improvements. • Complete street studies for Drew St and Fort Harrison St. • Renewal of the Pinellas County TIF funding for the Clearwater CRA ($1.5 million annually) • A proposed 20,000 square foot assisted living facility at the intersection of Martin Luther King, Jr. Avenue and Druid Road Community Redevelopment Agency 8 Downtown Clearwater, Second Century Clearwater: Our Plan For Revitalization, 2020. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 15 The CRA is dedicated to the revitalization of Downtown. The agency will work closely with respondents to ensure the successful redevelopment of these properties and to connect developers with other private redevelopment opportunities. Recent Projects supported by the CRA include: • 306 S Washington Ave, Under Review – $38 million development proposing a public-private partnership with CRA to provide 171 mixed-income apartment units on 3+ acres of City-owned land. • 708 Chestnut St, Approved 2020 – CRA awarded a $500,000 maximum grant in construction cost reimbursements to a private developer for a $3.3 million mixed-use project in Downtown Clearwater offering 14 rental apartment units and 5,000 square feet of ground floor retail. The project adds workforce housing to a formerly blighted area. • Downtown Clearwater Mural Program, 2020 (Ongoing) – CRA announced Phase 2 of its Mural Program, following the completion of four murals in 2019. Stipends of $5,000-$20,000 will be awarded, the completed products being part of the Downtown Arts & Culture Map which includes 2 dozen murals, sculptures, and other cultural arts projects. Figure 9: Capitol Theatre, Downtown Clearwater Figure 10: Downtown Clearwater City of Clearwater Downtown Clearwater Development Opportunities RFP │ 16 III. Project Goals As part of the Imagine Clearwater master plan vision, the three parcels on the Bluff were identified as a major opportunity to strengthen the vibrancy of Downtown Clearwater alongside the new iconic waterfront park. These sites all have direct access to the waterfront park and its amenities, offer unparalleled waterfront views, and are an important point of connection between the waterfront and the rest of the Downtown Core and its major commercial corridor along Cleveland Street. The City and CRA have five major project goals for the redevelopment of the three waterfront properties included in this RFP, listed below in order of relevance. 1. Increasing vibrancy and economic activity in Downtown Clearwater. The City/CRA expect that these development projects will increase Downtown’s residential population and as a result will increase the level of downtown activity. 2. Supporting activation of the new waterfront park. The Imagine Clearwater vision is anchored by a signature waterfront park, which would benefit from a complementary mix of active uses on adjacent properties to ensure that the park is lively across a range of times and seasons. 3. Improving connection between the waterfront and the rest of Downtown. Projects developed on the sites should enhance the pedestrian experience for residents and visitors, knitting the new activity at the waterfront back to the core of Downtown. 4. Setting a precedent for future Downtown development. Imagine Clearwater is a transformational project, and the City expects that redevelopment of neighboring properties will follow and be instrumental in the creation of a cohesive vision for a more vibrant Downtown. 5. Generating a financial return for the City. The City/CRA expects to generate revenues from the disposition and redevelopment of the site, including both revenues from sale or leasing of the parcels and new tax revenues. Using the responses and information gathered from the RFEI process, the City and the CRA have developed a disposition strategy for all three sites, including details for the City-led referendum for the Harborview and the City Hall sites. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 17 IV. Site Details The City’s three available development parcels are all located along Osceola Avenue in the heart of Downtown Clearwater and offer unparalleled views of the Intracoastal Waterway and key connection to the new waterfront parks. The points discussed in the section below outline the City’s and the CRA’s preferences for the redevelopment of the three sites and potential developer partnership structures. The City and the CRA will prioritize respondents that successfully integrate the City’s/CRA’s preferences within their visions for the sites. Any proposed divergences from the stated policy preferences should be states and explained. It should be noted that the Harborview site is the City’s and the CRA’s priority for redevelopment given its prominent placemaking at the entrance of the park, and that the City and the CRA wish to see RFP responses that include, as part of their development proposal, a proposal for the Harborview site, in addition to City Hall and Pierce St. sites, should respondents choose to pursue either of those two development opportunities. OVERALL CONSIDERATIONS • All three sites are located in an Opportunity Zone. • The City/CRA are in support of proposals utilizing the allowance for increased FAR and note an openness to zoning variances for the sites to meet market demands and enhance value. • The City/CRA are open to a mix of rentals and condos in the sites with a minimum target of 150 rental units across the three sites. • The City/CRA have identified ground-floor retail as a requirement to the Harborview site. Although ground floor retail is not a specific requirement for the City Hall and the Pierce St. sites, active ground floors are encouraged. • 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 materials that enhance the attractiveness of Downtown Clearwater’s built environment. • The City/CRA are open to two types of transactions—sale or ground lease for any of the three properties. The City believes that a long-term lease for the Harborview and City Hall sites is likely to be viewed as the most favorable option by the general public, with positive implications for referendum approval. Nonetheless the City remains open to alternative transaction structures as deemed necessary by respondents. Figure 11: Development Sites City of Clearwater Downtown Clearwater Development Opportunities RFP │ 18 HARBORVIEW SITE Key Information The Harborview site (+/- 1.43 acres*)9formerly housed the City’s Harborview Center, which was demolished in February of 2019 to give way for other development uses. It is located at near the intersection of Osceola and Cleveland Street, Downtown’s major commercial corridor, and is envisioned as the main entrance to the new waterfront park and a key component of the City’s vision for Downtown Clearwater. Located directly across from the heart of the planned waterfront park, the Harborview site will truly be the park’s “front door.” The site is adjacent to Clearwater’s main public library building. The site’s topographical location above the Bluff may allow for the construction of parking below the building, tucked into the natural hillside. The Harborview site is available for a fee simple disposition or a ground lease. Core Considerations • There is a strong preference for rental housing product and a requirement for active retail uses, such as a café or restaurant, on the ground floor on this site. The City/CRA would also be open to a potential hotel use on this site, should respondents deem that use desirable. • The proposed project should also improve public access to the park from Osceola, both along the entry plaza and Library side of the building, including an active edge on the park side of the building along the Bluff walk. • The Harborview site currently contains approximately 112 parking spaces used by Library patrons. Any future uses will be expected to at least partially replace these parking spaces, potentially with the support of the City’s parking funds. For planning purposes, The City and CRA currently assume that the redevelopment will accommodate approximately 50 parking spaces, though the parties are open to proposals that replace a greater proportion of the displaced parking. City parking funds can be used to offset some or all of the cost of replacement parking. Detailed Information on subsidies available for parking uses can be found in Section V. Regulatory Framework, Opportunities for Tax Credits & Alternative Financing. • Open space improvements (civic gateway, or welcome center) will be funded by the City as part of the park project. * The total buildable site area is approximate. The Harborview site contains a boundary, designated by the Charter, which outlines the buildable area on the site. Figure 12: Harborview Center Demolition Figure 13: Harborview Site Boundary John Guerra, TBT City of Clearwater Downtown Clearwater Development Opportunities RFP │ 19 CITY HALL SITE Key Information The City Hall site (+/- 2.60 acres) is located at the intersection of Osceola Ave. and Pierce St., a half block south of the Harborview site. This site also has direct access to the future waterfront park and is an important connection between the waterfront and the rest of Downtown. The City has relocated its administrative functions from the site and has plans to demolish the current City Hall structure. As a part of the overarching goal to invite activity and visitation to Downtown Clearwater, the City suggests that respondents consider the potential for a cultural use aligned with the context of the overall site program proposed, if respondents deem this an attractive concept. The City Hall site is available for a fee simple disposition or a ground lease. Core Considerations: • The City welcomes respondents’ ideas regarding a variety of uses on the site, potentially including, but not limited to, rental housing, condominiums, hotel, ground-floor retail, and cultural and civic uses (e.g., art or exhibition space). • The City is open to a partnership to provide the parking needed to meet demand from the cultural / civic use. • The project proposal should improve pedestrian access from Osceola to the future park, and encourage an active edge on the park side of the property. Figure 15: City Hall Site Aerial View Figure 14: City Hall Site Boundary WTSP City of Clearwater Downtown Clearwater Development Opportunities RFP │ 20 PIERCE ST. SITE Key Information The third site available for disposition is the Pierce St. site (+/- 1.23 acres), located across from City Hall, at the intersection of Osceola Ave. and Pierce St. The site is currently an empty lot and has direct access to the waterfront park. The Pierce St. site is the only of the three sites that does not require referendum approval prior to its disposition. The City prefers to dispose of the Pierce St. site through a fee simple disposition, as the property is not subject to the same City Charter as the other two sites. Core Considerations: • The City welcomes respondents’ ideas on a variety of uses on the site including, but not limited to, rental housing, condominiums, hotel, and ground-floor retail. • In highlighting the City’s commitment to flexibility and creativity within development possibilities, respondents should be aware of two options regarding this site, both of which the City approves: (a) development on the Pierce St. Site as described or (b) a land swap for a property in closer proximity to the Harborview site that could deliver a more concentrated set of developments, also potentially accommodating supplementary parking for the Harborview site. The City seeks inputs from developers on their preference for one of the two options. o In the event of interest in a land swap, respondents should be aware that the City has previously engaged with owners of potential alternate sites regarding the possibility of a land swap transaction. Further coordination with the City is needed if a land swap is desired by the developer. • Given its adjacency, respondents are encouraged to proposed ideas on this site that are complementary and relate to proposals on the City Hall site. • The project proposal should consider improved pedestrian conditions and/or active ground-floor uses on Osceola and/or facing the future park. Figure 17: Pierce Street Site Boundary Figure 16: Pierce Street Site Aerial View Google Earth City of Clearwater Downtown Clearwater Development Opportunities RFP │ 21 V. Regulatory Framework ZONING CONTEXT All three properties have a future land use plan designation of Central Business District and are within the Downtown Commercial District as well as the Downtown Core Character District. Urban design and zoning requirements will be applicable at all sites. The allowable FAR is 4.0 and the allowable density is 75 units per acre or 95 hotel units per acre. The Downtown Core has no maximum height limit or ISR restrictions; however, set-backs do apply above a 75’ height threshold. With regard to parking standards, attached dwellings require one space per unit and overnight accommodations require 0.75 spaces per unit. Most other uses have no minimum parking requirements. See Table 1 of the Downtown Zoning District for the full list of permitted uses and parking standards. Refer to the Community Development Code for additional details. The Harborview site is located on a Street Type A and is considered a key corner. The City Hall and Pierce St. sites are designated a Street Type B and along Pierce the properties are a Street Type C. The Harborview site (Street Type A) must comply with the Storefront 1 Frontage standards. The other two sites along Osceola must also comply with Storefront 1 Frontage standards and along Pierce have the option of complying with Storefront 1 or 2 standards. Respondents should ultimately seek to propose development concepts that harmonize with existing and proposed adjacencies, including activation and public access for the park, and that complement the context of the surrounding district and its buildings. If the current zoning framework does not provide sufficient FAR or density, it is possible to obtain additional development potential through the Public Amenities Incentive Pool. OPPORTUNITIES FOR TAX CREDITS & ALTERNATIVE FINANCING In addition to potential additional density and FAR granted by City Council, the City and CRA will consider certain development incentives to support the achievement of the goals and requirements stated in this RFP. These incentives could include, but not be limited to, reductions in certain impact and development fees and funding for provision of parking and workforce housing. Additionally, the three sites are located in an Opportunity Zone, a designation provided as part of The Opportunity Zone program which was created as part of the 2017 Federal Tax Cuts and Jobs Act. If the Developer wishes to request incentives, it should outline the anticipated needs as part of its response. Please see the below descriptions outlining the specific incentives identified by the City/CRA applicable to the sites in this RFP. More information is available on the City’s website. Opportunity Zones and Tax Credits Opportunity Zones The three sites are located in an Opportunity Zone, a designation provided as part of The Opportunity Zone program which was created as part of the 2017 Federal Tax Cuts and Jobs Act. Opportunity Zones are economically distressed census tracts designated by the U.S. Treasury Department. By investing in an Opportunity Zone, through a qualifying Opportunity Fund, investors can defer and/or reduce their federal capital gains tax liability. These tax benefits increase the longer investments are held. There is no cap on the City of Clearwater Downtown Clearwater Development Opportunities RFP │ 22 amount of capital that can be invested, and the Opportunity Zone incentives can be applied to a wide range of investments in real estate and operating companies. New Market Tax Credit (NMTC) New Market Tax Credit (NMTC) provides an incentive for investment in low-income communities. The US Department of the Treasury competitively allocates tax credit authority to intermediaries that select investment projects. Investors receive a tax credit against their federal income tax. NMTC investors provide capital to community development entities (CDEs), and in exchange are awarded credits against their federal tax obligations. Investors are primarily corporate entities—often large international banks or other regulated financial institutions—but any entity or person is eligible to claim NMTCs. More information can be found at the U.S. Department of The Treasury’s Community Development Financial Institutions Fund website. Low Income Tax Credit (LIHTC) State program providing tax credits for the development/rehabilitation of affordable multi-family housing. Applications from interested developers are necessary for the consideration of providing City support for qualified multi-family housing development which meet the goals of the City and comply with applicable federal and state law. More information can be found on the City’s website. CRA Fund CRA Fund for Capital Improvements and Infrastructure CRA has agreed to allocate up to $5 million total paid over four years to the sites listed in this RFP for four years, starting in 2023. This funding is applicable to workforce housing and public or cultural amenities, such as performance venues, galleries and museums, theaters, etc. City Parking Fund City of Clearwater Parking Fund The City of Clearwater’s parking fund can be utilized to pay for construction of public or publicly accessible parking within the city. For the sites specifically outlined in this RFP, use of the parking fund is dependent on the type of parking use proposed (i.e., public or private, and use of area requiring parking support, such as a hotel convention center). Based on use, the City will provide $25,000 for each public parking space provided up to 100 spaces, or $2.5 million for public use. Respondents must propose an operations plan for managing parking. The City has budgeted $10.5 million for the fiscal year 2023-2024 towards a Downtown Garage, which may be used to support this project. The garage, intended to be 5-7 stories in height, is intended to be located no further than two blocks from the sites. Reduction/Waiver on Admin Fees/Impact Fees City of Clearwater General Fund and Enterprise Funds The City of Clearwater will provide support for streetscape improvements, permit fees, and impact fees via the General Fund and Enterprise Funds. Direct City and CRA incentives would not apply to the following uses: • Parking not required by zoning or which does not serve the general public; City of Clearwater Downtown Clearwater Development Opportunities RFP │ 23 • Office space; • Hotels; and • Market-rate condominiums. PROGRAMS & INCENTIVES – ADDITIONAL RESOURCES For more information and a full list of the available programs please visit the City’s website. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 24 VI. Submission Requirements PROCUREMENT PROCESS The responses and information gathered from respondents to this RFP will be used to select appropriate development partners. Eligible responses will demonstrate development proposal elements including, but not limited to, a specific program proposal, a detailed financial plan and financial offer, and a detailed management structure for construction and property management. Respondents should note that the development partner(s) will be selected, first, on adherence to non-financial criteria, and second, based on the feasibility and value of the financial offer. The overarching goal for selection is to identify a respondent whose proposal successfully meets the goals and requirements of the RFP, as envisioned by the City and CRA. Respondents are invited to submit responses electronically no later than Friday, March 5, 2021 at noon. A pre-bid conference will be held Friday, February 5, 2021, final date TBD. The City/CRA will also accept written questions submitted by Wednesday, February 3. Answers will be posted on a rolling basis, but no later than Friday, February 12. The target date for the selection of development partner(s) is on or before April 30, 2021. The City/CRA will select one or more teams to enter into negotiations to reach a development agreement, with the expectation that a preliminary agreement will be finalized by fall of 2021. This finalization date is intended to align with an appropriate timeline in which the referendum preparation process can occur, roughly 5 months. SOLICITATION REQUIREMENTS The City and the CRA invite development teams of one or more firms with a track record of successfully delivering mixed-use residential and/or hotel projects to submit responses to this RFP. Complete teams should include firms with necessary development and management expertise as well as firms with necessary design expertise. Respondent teams must clearly and completely address each of the following areas in response to this RFP in order to be eligible for selection: 1. Cover Letter. Responding teams should prepare a cover letter stating their interest in the opportunity, summarizing the suitability of the assembled team and the materials presented to support the RFP response. This letter should also identify the primary contact person for the respondent organization. 2. Team Introduction and Experience. Respondents should include a description of the development team, the firms’ experience and qualifications, and relevant personnel experience and qualifications. The following aspects should be included: a. Development Team. Description of the key firm(s) comprising the team, including architects, engineers, and other relevant consultant teams, and the role of each in the project. In this section, respondent teams should include: a description of each key organization, its mission, a chart summarizing the overall team structure, and key firm management. For City of Clearwater Downtown Clearwater Development Opportunities RFP │ 25 teams led by a joint venture, include the structure, percentage of ownership held by each lead, and the intended role (e.g., co-developer, limited partner, general partner). b. Operators. For all uses proposed, respondents should provide detailed information on prospective operating partners, including letters of intent or interest to demonstrate feasibility. Information on operators proposed for cultural uses and hotel uses are especially of interest. c. Firm Experience and Qualifications. Respondents should include examples of projects that demonstrate the team’s experience with the proposed development program (mixed-use, residential condo or rental, retail, and/or hotel) and, if applicable, experience in development partnerships with public and non-profit sector partners. For all projects submitted as examples of relevant previous experience, respondents should provide: i. Project location. ii. Project size and program description. iii. The respondent member’s role in the project. iv. Project completion date or expected completion date. v. Public sector involvement, if any. vi. Total project cost and financing structure, if available. vii. A representative image or images of the project. d. Personnel Experience and Qualifications. Respondents should demonstrate that their teams include personnel with the experience and expertise necessary to deliver a high-quality mixed-use development. Teams should include resumes for identified key personnel within the proposed team, including qualifications (within the current firm or in previous roles). 3. Development Plan. Teams should include a description of their vision for redeveloping the site or sites. As noted previously, the Harborview site is the City’s and the CRA’s priority for disposition. The City and the CRA wish to see RFP responses that include, as part of their development proposal, a proposal for the Harborview site, in addition to City Hall and Pierce St. sites, should respondents choose to pursue either of those two development opportunities. Respondents should include their proposals for a development narrative, a vertical development program, and approach to public partnership. a. Development Narrative. Respondents should provide a narrative accompanied by renderings, illustrations or simple diagrams to articulate the development approach. The inclusion of these visual representations is required. This section should cover at least the following aspects: i. An overall vision for the sites that articulates the vision and preliminary concept, proposed program, design and massing approach, ground floor uses and site integration with the surrounding urban fabric, including Cleveland Street and the adjacent waterfront park. ii. An approach compliant with the Downtown Design Guidelines and urban design requirements, enhancing the attractiveness of Downtown Clearwater’s built environment; and iii. Proposed development timeline and phasing, as well as preferred timing for the disposition of the sites within the context of a referendum vote for the Harborview City of Clearwater Downtown Clearwater Development Opportunities RFP │ 26 and City Hall Sites. The City/CRA will work with the selected development partner(s) to reach a mutually agreed upon schedule. The overall timeline should include, but not be limited to, the following key project milestones: 1. Project start; 2. Due diligence and pre-development activities; 3. Construction start and duration; and 4. Initial occupancy. b. Vertical Development Program. Teams should include a detailed proposed vertical development program for each site. This section should include: i. A description of how the proposed program fits into the adjacent context and overall development vision. ii. For residential uses, the number of units and total gross square footage. iii. For any affordable and workforce units proposed, a description of how these units will be integrated into the development, the number of affordable units proposed, the total gross square footage, and proposed level of AMI at which the units will be affordable. iv. For retail and office uses, a narrative description of the character of the space including how ground floor uses accomplish the Downtown Design Guidelines and desire for active retail uses, and total square footage. If prospective tenants or operators have been identified, letters of intent or interest may be included to demonstrate feasibility. v. For hotel uses, a narrative description of the type and target patron of the hotel product proposed, the number of keys, and total square footage. As previously noted, if prospective operating partners have been identified, letters of intent or interest should be included to demonstrate feasibility. vi. For cultural uses, a narrative description of the type and integration/location of the use in relation to the remainder of the site, and total square footage. As previously noted, if prospective operating partners have been identified, letters of intent or interest should be included to demonstrate feasibility. vii. For any privately-owned or funded public spaces, a narrative description of how these spaces enhance and connect to the surrounding context, the size, and location. viii. For proposed parking uses, a narrative description of type of structure (surface, separate structure, below ground, etc.), users, size, and location. c. Approach to Public Partners. Teams should include their approach to working with public stakeholders, including: i. Approach to working with the City and CRA, including strategy to secure any necessary incentives and zoning variances. ii. If applicable, approach to drafting a Pre-Development Agreement with the City and CRA to be used as a preliminary basis for the future operating agreement and eventual lease document. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 27 4. Financial Plan. Teams should provide detailed information on their financial plan. This section should include evaluation of financial feasibility, all assumptions, a description of how they have effectively secured and leveraged significant funding streams from public and private sources, and their experience in assembling financing packages for mixed-use developments. The following aspects should be included: a. Pro Forma. Teams must provide a detailed pro forma cash flow for proposed projects for a period lasting through the first ground rent reset or the first 10 years, whichever term is longer, including at a minimum: i. Program and Income Assumptions such as operating revenues and expenses, development costs, and exit assumptions. ii. Sources Assumptions such as sources of equity, debt, and subsidies iii. Uses Assumptions including all hard and soft costs iv. Preliminary Construction and Permanent Financing Assumptions v. Project Schedule and Timing Assumptions including expected start date, stabilization, key intermediate milestones vi. Project Yield Metrics including the assumed discount rate, the internal rate of return, return on cost, and weight average cost of capital. All cash flows should be submitted in PDF and Excel formats with active formulas clearly linking to an assumptions section on which all calculations were based. Respondents may submit proprietary cash flow models to meet this submission requirement. b. Equity and Debt Sources. Teams should include detailed descriptions of equity and debt sources for financing this project. This should include each investor’s equity commitment to the project (including letters of commitment), and satisfactory evidence of respondent’s ability to secure project debt (including tentative letters of commitment from prospective lenders). c. Financing Approach for Affordable Housing. If including affordable housing, teams should include any intended use of tax credits, sources of state, local or philanthropic sources. Teams should include their experience in utilizing such sources and anticipated capacity to secure such funding sources. Conditional Public Funding Sources & Use of Incentives. Teams should include whether they intend to use funding via available incentives listed in Section V. Regulatory Framework. This description should include which specific incentives will be used and the extent of funding desired. Teams should include detailed descriptions of other types of conditional public funding sources for financing this project. Teams should include their experience in utilizing such sources and anticipated capacity to secure such funding sources. If teams are utilizing both affordable housing funding sources and public funding sources, a total of two financial plans should be submitted: one that assumes receipt of all funding sources and one that assumes the receipt of none of these sources. d. Construction Costs. To the extent available, teams should include a general description of all estimated construction costs, including hard and soft costs, related to residential, retail, office, cultural, public, parking, and other uses. The description should also include general City of Clearwater Downtown Clearwater Development Opportunities RFP │ 28 estimated infrastructure costs for the property such as site grading and earthwork, water and sewer, other utilities, paving, curbs, and gutters. e. Tenant and Leasing Approach. Teams should include their approach to tenanting and leasing the building. 5. Financial Offer. Teams should include a description of their financial offer, including intent to propose a land acquisition or a ground lease. This section should include the respondent’s proposal for ownership strategy in either a fee simple purchase or ground lease, and where applicable, fair market valuation, land valuation, conversion rate, and desired schedule. Teams should also state their intention to retain a long-term ownership position in the project or sale of the developed project to a third party. a. Property Valuation. City/CRA Staff will provide property appraisals for each of the three sites in order to establish a baseline value in the RFP, assuming the sale of each property. In their proposal, respondents are expected to factor in the fair market value provided by the City/CRA. If this is omitted, respondents must provide an explanation and alternative proposal describing what value they intend to pay for the site. Respondents should note that while City Council can decide to accept offers that are below the appraised fair market value, this action is required to be approved through a referendum. In the event a ground lease is proposed, the fair market valuation and Charter processes do not apply. Once a proposal is selected for negotiation, the City/CRA will revise the previous appraisal based on proposal specifics such as the mix of uses and financial offer for a ground lease or fee simple disposition. b. Ownership & Fees. The City/CRA will support a flexible payment schedule for lease or purchase, and a 0% interest loan for land purchase. The City is responsible for funding all streetscape improvements and waives all impact fees. EXPENSES All proposers responding to this RFP do so at their sole expense and risk. The CRA and City assume no financial or other obligation to Proposers who respond to this RFP. The CRA and City will not be liable to any broker, consultant or other entity acting on behalf of any Proposer for any fee or payment relating directly or indirectly to the Proposer or its proposal. NON-CONFIDENTIALITY All proposals, qualifications, correspondence, and records made thereof, are public record and handled in compliance with applicable state and local laws. VII. Evaluation Criteria SELECTION PROCESS The City and The CRA will evaluate respondents’ submissions in accordance with the requirements of this RFP as well as any interviews, references, or other supplemental information provided. The Selection Process will include: 1. Submission Review. Submissions will be reviewed by the City and CRA to determine whether the proposal fulfills all submission requirements and meets the minimum threshold requirements listed below. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 29 a. Non-Financial Aspects Review. If the proposal is approved, the non-financial aspects will be reviewed with a maximum score of 120 points. Only proposals scoring a minimum of 75 points within the non-financial aspects’ category will be approved for further consideration. b. Financial Aspects Review. Proposals will be evaluated based on the price offer as well as the feasibility of the financial plan supporting the offer. c. Final Consideration. The City and CRA will evaluate the Non-Financial Aspects and Financial Aspects categories together to select the best proposal(s) 2. Invitation to Interview. Respondents selected by the City and CRA as a result of the Submission Review may be invited to interview, in which respondents will have the opportunity to present their concept, approach to partnerships, timeline, development team, and financial plan to the City and CRA. It is expected that the principal project manager of selected teams attends the interview. The City and CRA will accommodate individual schedules by providing a range of dates and times for scheduled interviews. 3. Final Decision. The City and CRA will evaluate all comprehensive information to make a final recommendation to City Council for a preferred developer. All respondents will be notified in writing of the final decision. MINIMUM THRESHOLD REQUIREMENTS The City and CRA will review all submissions based on quality, completeness, and compliance with the submission requirements and project goals outlined within this RFP. In addition, The City and CRA will only advance proposals that meet the minimum criteria listed below: • Housing. The inclusion of rental and/or condo housing product in the sites with a minimum target of 150 rental units across the three sites. • Active ground floors. Ground floors that introduce uses open to the general public, such as retail, civic, and cultural uses, in order to increase vibrancy and economic activity in Downtown Clearwater. • Downtown Design Guidelines. 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 materials that enhance the attractiveness of Downtown Clearwater’s built environment. Financial offer. The proposal provides a financial offer in the form of a fee simple purchase and/or ground lease for each of the sites considered in the proposal. Evaluation Criteria The City and CRA will only evaluate respondent proposals deemed to be complete and deemed to fulfill the minimum threshold requirements using the scoring described below. The evaluation will be a two-step process in which a minimum threshold of points for non-financial aspects (Step 1) must be achieved to move on to the financial evaluation. Eligible bonus points will also be applied in Step 1 as part of the non-financial evaluation. Proposals that meet the minimum threshold in Step 1 will advance to the evaluation of financial criteria proposed (Step 2) with the scores in both steps being cumulative. City Council will only review proposals that meet the criteria to move into Step 2, with City/CRA staff managing the process as outlined below. All proposals will be available for public review, although not all will be presented in public. The Evaluation Process will include: 1. Step 1: Non-Financial Criteria & Bonus Points – 100 Points City of Clearwater Downtown Clearwater Development Opportunities RFP │ 30 Non-Financial Criteria includes the following categories: Project Understanding and Concept, Organization Expertise and Experience, and Bonuses, each of which has associated point thresholds. • Maximum Points – 120 Points. • Minimum points to advance to Step 2: Financial Evaluation – 75 Points. a. Category Breakdown: i. Project Understanding and Concept – 50 Points ii. Organization Expertise and Experience – 50 Points iii. Bonus Points – 20 Point Maximum 1. Inclusion of Cultural Amenities – 5 Points a. Application: Providing cultural amenities that are open to the public, including performance spaces, galleries, movie theaters, museums, art centers, etc. 2. Total Rental Units Above 200 – 5 Points a. Application: Inclusion of residential rental units that exceeds the minimum threshold of 200 units across the three sites. 3. Contributions to Build Out and/or Management of Park / Open Space – 5 Points a. Application: Committing to completing portions of the park that are not currently included, such as the South Bluff Walk. 4. Meet green and wellness certification standards and/or introduces sustainability initiatives – 5 Points a. Application: Meeting WELL Silver, LEED Silver, or other equivalent green building certification standards and/or implementing sustainability initiatives, as defined by the developer or development team. 2. Step 2: Financial Criteria – 100 Points Financial Feasibility. Includes the feasibility of the financial plan and assumptions, and the ability to secure financing. • Financial Feasibility Maximum Points – 40 Points Financial Offer. The financial offer will be evaluated based on the present value of payments to the City/CRA. The proposal with the most accretive price defined as the present value of proposed payments will receive a maximum score of 40 points for the price criterion and all other proposals will receive scores that are lower in proportion to the difference in the present value of proposed payments. • Financial Offer Maximum Points – 60 Points 3. Selection & Finalization: Staff will interview and recommend applicants to present to City Council and advise Council on applicants to authorize negotiations with. Staff will then negotiate with approved applicants and prepare a term sheet and development agreement for consideration. Council will adopt a development agreement contingent upon referendum results. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 31 EVALUATION CRITERIA – POINTS BREAKDOWN NON-FINANCIAL CRITERIA Project Understanding and Concept • Development Program & Integration between sites and within Imagine Clearwater context • Delivery of Large Scale, Urban, Mixed-Use Project • Public Partnership Approach • Zoning and Legal Compliance Approach 50 Points Organization Expertise & Experience • Team Completeness and Structure • Individual Expertise 50 Points Bonus Points (5 Points Max Ea.) • Cultural Amenities • Total Rental Units Above 200 20 Points City of Clearwater Downtown Clearwater Development Opportunities RFP │ 32 • Contributions to Build Out of Park / Open Space • Environmental and Green Standards Non-Financial Maximum Points 120 Points FINANCIAL CRITERIA Financial Feasibility • Feasibility of Financial Plan and Assumptions • Ability to Secure Debt and Equity Financing 40 Points Financial Offer 60 Points Financial Maximum Points 100 Points Total Points 220 Points City of Clearwater Downtown Clearwater Development Opportunities RFP │ 33 VIII. Selection Schedule & Contact The City and CRA’s anticipated timeline for the selection process is outlined below. Dates referring to the referendum and future stages of the procurement process (selection of development partners) are tentative and subject to change. Milestone Target Date* Timeframe RFP Issued Monday, January 11 Pre-Bid Conference Friday, February 5 Deadline for submitting questions Wednesday, February 3 Deadline for posting answers to questions Friday, February 12 RFP Responses Due Friday, March 5 Evaluation of Proposals March 8 – April 2 4-Week Period Interviews April 5 – April 16 4-6 Weeks Post Due Date Preferred Partner Identified May 2021 8-10 Weeks Post Due Date Deal Terms Finalized Fall 2021 6-8 Week Period Post Partner Selection Referendum Questions Prepared and Finalized August 2021 4 Week Period Referendum Information Campaign Aug - Nov 2021 12-16 Week Period Referendum Date March 2022 *Anticipated date subject to change |1CITY OF CLEARWATER Coachman Park Redevelopment Request for Proposals 12-14-2020 |2CITY OF CLEARWATER Council Action Requested 1.Provide feedback 2.Authorize staff to make changes and move forward with publishing |3CITY OF CLEARWATER RFP Outline 1.Summary of Offering 2.Description of Downtown 3.Project Goals 4.Site Details 5.Regulatory Framework 6.Submission Requirements 7.Evaluation Criteria 8.Selection Schedule |4CITY OF CLEARWATER Market Studies 1.HR&A analyzed what type and mixture of developments would be economically feasible with and without public subsidy 2.Colliers real estate analysis for new City Hall site selection 3.Other studies from private developers and RFEI respondents What We Learned Market will support: •Apartments •Condos •Limited retail •Market is very weak on hotel and office space Developers may need assistance: •Increased density and FAR and possibly increased height limits on Harborview •To meet any public parking requirements |6CITY OF CLEARWATER Minimum Requirements for all Proposals 1.A minimum of 150 rental units across the three sites 2.Ground floors require uses that are open to the general public (retail, civic or cultural) 3.Comply with Downtown Design Guidelines 4.Financial offer in the form of a fee simple purchase or ground lease |7CITY OF CLEARWATER Development Assumptions Parcel 1 (Harborview) 1.Mixed use –residential over retail 2.Overnight accommodation alternative 3.Sit down restaurant(s) component 4.Mass and scale sensitive to library in design and height 5.Public/private partnership (parking?) |8CITY OF CLEARWATER Development Assumptions Parcel 2 (City Hall) 1.Mixed use –residential over parking 2.Overnight accommodation alternative 3.Retail optional 4.Cultural component possible 5.Mass/scale flexible to market potential 6.Public/private partnership (parking?) |9CITY OF CLEARWATER Development Assumptions Parcel 3 (CMA/Pierce) 1.Residential/mixed use 2.Overnight accommodation alternative 3.Mass/scale flexible to market 4.Public/private partnership (parking?) 5.Land assembly/swap options considered |10CITY OF CLEARWATER Other Assumptions 1.Developers can submit proposals for 1, 2 or 3 sites 2.There is no stated preference for a “master developer” 3.Listed incentives are available for all sites 4.If developers want something that is not listed, they must specifically identify their request Establishing Property Value •Staff will update property appraisals for each of the three properties to establish a baseline value in the RFP assuming the sale of each property •The RFP will request that developers factor in paying fair market value, but if they do not want to, they need to say why and what they will pay •Once a proposal(s) is selected for negotiation, appraisals will be updated based on the proposed land use mix and if it is sale or lease •Council can choose to sell property for less than fair market value, but that requires approval in a referendum Incentives 1 of 3 •Council will strongly consider supporting additional density and FAR on each site •CRA Funding –Between $2.5-5 million total over four years for rental housing and other public amenities •Parking Fund -$25,000 per space up to 100 spaces or $2.5 million for public use. The developer would propose an operations plan for managing the parking •City support for streetscape improvements and permit and impact fees (General Fund and Enterprise Funds) Incentives 2 of 3 Up to 5 Bonus Points awarded for each category: •Cultural amenities available to the public including performance spaces, galleries, movie theaters, museums, art center etc. •Building out portions of the park that are not currently included e.g. South Bluff Walk •Meet WELL or LEED silver certification standards or other green building standards •Providing more than 200 rental units across the three sites Incentives 3 of 3 There will be NO subsidy for: •Parking that is not required by zoning •Hotels •Office uses •Market rate condos Evaluation Scoring 1.Once an applicant meets the minimum requirements, the proposal will be scored. This is a two-step process. 2.Step One: Non-Financial criteria, which includes eligible bonus points. The applicant must receive a minimum of 75 points out of 120 points to move to Step Two. 3.Step Two is scoring for Financial Criteria –financial feasibility and financial offer to the City for a maximum of 100 points. 4.The staff selection committee will review and score all proposals. 5.HR&A will assist in reviewing the proposals, paying special attention to the financial feasibility. Scoring Criteria NON-FINANCIAL CRITERIA Project Understanding and ConceptDevelopment Program & Integration between sites and within Imagine Clearwater contextDelivery of Large Scale, Urban, Mixed-Use ProjectPublic Partnership ApproachZoning and Legal Compliance Approach 50 Points Organization Expertise & ExperienceTeam Completeness and StructureIndividual Expertise 50 Points Bonus Points (5 Points Max Ea.)Cultural Amenities Total Rental Units Above 200Contributions to Build Out of Park / Open SpaceEnvironmental and Green Standards 20 Points Non-Financial Maximum Points 120 Points FINANCIAL CRITERIA Financial FeasibilityFeasibility of Financial Plan and AssumptionsAbility to Secure Debt and Equity Financing 40 Points Financial OfferSale/Lease AmountIncentives GivenTotal Project InvestmentLong Term Tax Contribution 60 Points Financial Maximum Points 100 Points Total Points 220 Points Selection & Negotiation 1.Staff will recommend developers to present to Council and recommend developers for Council to begin negotiations 2.Based on Council direction, staff will negotiate with approved developers and prepare a term sheet and development agreement for Council consideration 3.Council adopts a development agreement contingent on referendum results Timeline There are two timelines to consider: The RFP issuance and time to create a development agreement The time to place a referendum question(s) on a ballot The timeline of the referendum has impacts on: Ability to attract Developer interest Public’s ability to understand and support a development agreement Council and staff time to make decisions/recommendations The strength of the economy and need for financial subsidy given COVID 19 The impact on the City Council election in March 2022 and the ability of future Councils to maintain a previously approved development agreement RFP Process Timeline Approximately 7 months before preparation for election Issue RFP Issue RFP 3 Months Responses Due Includes response time 2 Months Evaluation and Selection Including creating evaluation team, presentations by respondents, scoring and selection 2 Months Negotiation Negotiate final agreement with selected respondent 5 Months Referendum Election Time needed for preparation of referendum question before election 12/3/2020 Clearwater City Attorney’s Office01 9 Referendum Election Timeline Begins after RFP process is complete, takes approximately 5 months Start Begin Process Start drafting referendum question and Ordinance/Resolution 6-8 Weeks Approval Includes drafting question and Ordinance or Resolution language, getting it to Council Meeting(s) and ads if required 1 Week Translation Question language must be translated into Spanish 90 Days Question to Supervisor of Elections Must submit language to Supervisor of Elections 90 days prior to election Election Referendum Election Referendum question voted on by city electors Clearwater City Attorney’s Office Marketing/Community Engagement Timeline Phase 3: Publicizing the Referendum Provide private organizations the information needed to promote the referendum Inform the public about the referendum Phase 2: Crafting the Development Deal Test referendum questions in focus groups and with surveys Inform the public about the process and terms of the development agreement Phase 1: Marketing the RFP Marketing Campaign to advertise the RFP Inform the public about the RFP and negotiations timeline Staff Timeline Recommendation Prepare for a referendum in March 2022 which allows Council time for negotiations, the public time to understand the deal and is a reasonable amount of time for a developer to wait for an answer Alternate Timelines –Not Recommended November 2021 •This date will allow less time (2 months) in the advertising, evaluation and negotiation tasks which is highly unlikely given the Council’s numerous priorities November 2022 •This date could coincide with a new majority on Council who may or may not maintain an approved development agreement •It would delay RFP issuance by 6 months •It could be a positive delay if market conditions improve resulting in less public subsidy •Park construction will be well underway which will increase developer confidence August 2022 •This date would mean that an old Council creates terms immediately before a new Council is elected |24CITY OF CLEARWATER Coachman Park Redevelopment 12-14-2020 City of Clearwater Downtown Clearwater Development Opportunities RFP │ 1 Downtown Clearwater Waterfront Development Opportunities Harborview Site (Cleveland St. and N. Osceola Ave), City Hall Site (Pierce St. and S. Osceola Ave.), and Pierce St. Site (Pierce St. and S. Osceola Ave). Request for Proposals City of Clearwater Image Copyright Jeremiah Y. Khokhar City of Clearwater Downtown Clearwater Development Opportunities RFP │ 2 TABLE OF CONTENTS I. Summary of Development Opportunity ............................................................................................................... 3 II. A Downtown Poised for Transformation ............................................................................................................... 6 III. Project Goals ............................................................................................................................................................. 17 IV. Site Details ................................................................................................................................................................. 18 V. Regulatory Framework ............................................................................................................................................ 24 VI. Submission Requirements ..................................................................................................................................... 27 VII. Evaluation Criteria .................................................................................................................................................. 34 VIII. Selection Schedule & Contact ............................................................................................................................ 39 City of Clearwater Downtown Clearwater Development Opportunities RFP │ 3 I. Summary of Development Opportunity The City of Clearwater (the “City”) and the Clearwater Redevelopment Agency (“CRA”) are jointly seeking requests for proposals from respondents to develop three prime waterfront sites in Downtown Clearwater. The City invites qualified applicants to submit proposals and qualifications for the transformation of the three City-owned sites into vibrant mixed-use properties that will bring activity and regeneration to Downtown, in support of the City’s and the CRA’s vision for Downtown. The City and CRA will ultimately seek to select one or multiple qualified Development Team(s) to redevelop the sites through Requests for Proposals. The three parcels represent a prime development opportunity in the heart of Downtown Clearwater. TEach of these sites are each situated at an optimal elevation will offering unparalleled waterfront views, andas well as convenient adjacency to Downtown amenities. T, including the new Imagine Clearwater waterfront park, which the sites overlook, is —a $64 million dollar transformation of the city’s Downtown waterfront into additional greenspace, marina facilities, a playgrounds, gardens and entertainment venues. The bluff that the sites are situated along is located outside of Federal Emergency Management Agency FEMA flood hazard and risk areas lines and thus not subject to any flood hazard regulations. The sites are also conveniently located a short distance from the world-renowned Clearwater Beach. Flexibility in zoning, public incentives, and the unwavering commitment by the City and CRA to redevelop City-owned land and invest in Downtown Clearwater, make this an opportunity for innovative and unparalleled development. The sites are all located along Osceola Avenue, in the heart of Downtown Clearwater. The first parcel, the former site of the Harborview Center (+/- 1.43 acres), is located just to the north of the intersection of Osceola and Cleveland Street, Downtown’s major commercial corridor. Today, it is a vacant site adjacent to Clearwater’s Main Library and will be the main entry point from Downtown to the new waterfront park. The Harborview site is the City’s greatest priority for redevelopment out of the three sites, given its pivotal location, including its immediate adjacency to the park entrance. The other two redevelopment sites are the City Hall site (+/- 2.60 acres) and the Pierce St. site (+/- 1.23 acres). The City Hall site is located at 112 S. Osceola Ave, at the intersection of Pierce St. and Osceola Ave. The City has relocated the functions of City Hall to a building in Downtown and is investigating the will be demolition ofshing the existing structure. The Pierce St. site is an empty lot located at the intersection of Osceola and Pierce St., across from the City Hall site. Vacant Lot Harborview Site City Hall Site +/-1.23 Ac.+/-2.60 Ac. +/-1.43 Ac. Figure 1: Waterfront Sites City of Clearwater Downtown Clearwater Development Opportunities RFP │ 4 Figure 1: Waterfront Sites Downtown Clearwater is experiencing a significant uptick in investment and is strengthened by an emerging arts scene, a variety of international cuisines, and numerous special events. The City and CRA are committed to the success of the project and envision these parcels as a major opportunity to create more Downtown residential concentration, and to connect Imagine Clearwater’s waterfront amenities with the Downtown Core. With the recent creation of an Opportunity Zone in this area, the City continues to work closely with downtown stakeholders to promote private redevelopment in parallel with the City’s significant public improvement projects. The City and CRA are open to a developer, or development team, which may be interested in developing one, two, or all three of the sites, understanding that the Harborview site is of special priority to the City. The optimal development partner(s) will be an experienced team that can successfully deliver a mixed-use development program that advances the City and the CRA’s vision for Downtown and its waterfront. The City’s goals for the redevelopment of the sites are explained in detail in sections III and IV of this document. The City is required by City Charter to hold a public referendum to sell or lease the Harborview and City Hall sites for non-City-facility uses; the Pierce St. site does not require a referendum for its disposition. The referendum process will occur following the evaluation and selection process of the prospective development partner. Referendum strategy, including specific dates and information, is further discussed in Sections VII and VIII. After a preliminary non-binding Request for Expressions of Interest (RFEI) to inform the disposition strategy and development process, the City and CRA are now prepared to solicit a development partner or partners through this Request for Proposals (RFP). Parties interested in responding to this RFP are not required to have submitted responses to the aforementioned RFEI. The RFEI process allowed the City to identify a number of areas of focus to guide and enhance the redevelopment opportunities under the RFP process: • City and Community Support. The support of the City, CRA, and the local community in continuing to advance Imagine Clearwater and the redevelopment of City-owned land, implementing the immediate goal of transforming Downtown Clearwater’s into world-class destination, is central to this RFP. o The City and CRA bring a proven track record in supporting redevelopment by partnering with private developers and businesses. This is evident in the numerous funding, incentive- based, and redevelopment projects throughout Downtown Clearwater supported by the City and CRA in the last few years. o Imagine Clearwater, the multi-million-dollar master plan for the revitalization of Downtown Clearwater was supported unanimously by The Clearwater City Council and endorsed by 75.8 percent of the votes in a public referendum. Jeremiah Y. Khokhar City of Clearwater Downtown Clearwater Development Opportunities RFP │ 5 o The amenity-rich waterfront park, a $64 million dollar investment funded by the City (with preliminary demolition and utility work started and full completion anticipated in 2023) is telling of the vitality soon to be infused in the area, making the adjacent Downtown sites prime opportunities for innovative placemaking that will be embraced by the City and community alike. • The public referendum process. Two of the three sites within this RFP, the City Hall and HarborviewPierce Street sites, require a public referendum for disposition. The planning of the referendum will strategically occur in tandem with the evaluation and selection of preferred development partner(s). The referendum date will occur after development partner selection. By planning for the referendum in tandem with evaluation of partners, a potential pre-screening of community members, which involves community input on prospective partnership proposals, can occur, streamlining the summarization of key project metrics and preparation of referendum question responses, ideally mitigating risk for potential partners and their proposed projects. • Flexibility. The City is aligned with potential partners’ flexible adaptation of zoning, allowable use, and FAR requirements to enhance value. The City will consider the utilization of increased FAR as well as proposals demonstrating creative introduction of a mix of uses. The City has specifically revisited the requirements for the Harborview Site, notably employing a flexible approach to height and bulk as respondents deem necessary to achieve the requirements outlined within this RFP. • Incentives. The City and CRA regularly evaluate opportunities to incentivize development in Downtown Clearwater. The City has committed to fund the entirety of the Imagine Clearwater master plan which was made possible through tax revenues and bonds. Various incentives will also be available to subsidize workforce housing, public amenities, and public parking across the three sites. Funding sources include the CRA Fund, and the City Parking Fund. The General Fund and Enterprise Funds support the the waiver or reduction of fees, such as permit and impact fees, as well as streetscape improvements. Detailed information about these incentives and applicable uses is addressed in Section V. Regulatory Framework, Opportunities for Tax Credits & Alternative Financing. In responses to this Request for Proposals (RFP), respondents are required to address specific details outlined within this document, including but not limited to a specific program proposal, a detailed financial plan, and a detailed management structure for construction and property management. The City/CRA will select one or more teams to enter into negotiations to reach a development agreement, with a preferred development partner being selected in advance of the public referendum. The selection of a development partner is targeted for fall of 2021. The referendum is targeted to occur no later than March 2022.. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 6 II. A Downtown Poised for Transformation REGIONAL CONTEXT The City of Clearwater, located on the West Coast of Florida, is the third largest city in the Tampa Bay region, with an estimated population of nearly 120,000 residents. The Tampa Bay region is one of the most dynamic and fastest-growing metro areas in the country, with a current population of 3.14 million. Last year, the MSA earned the ninth spot on the Census list for top metro areas in numeric growth (2017-2018), after experiencing an influx of more than 50,000 new residents (1.6% growth, more than double the national rate).1 Furthermore, many of these new residents are millennials, with the Tampa Bay region seeing 7.6% growth in new residents age 25-34.2 Many new residents have been drawn to the Tampa Bay region, and Clearwater particularly, due to its natural beauty, perpetually warm weather, recreational resources and sites, and low cost of living, which begets a very high quality of life. Clearwater is centrally located on the Pinellas County peninsula near the cities of Tampa and St. Petersburg. Clearwater is a short drive to two international airports serving 22 million passengers annually and Port Tampa Bay, Florida’s most active port, and offers rail and interstate access connecting businesses to Miami, Orlando and Jacksonville, Florida's largest economies. 1 U.S. Census, American Community Survey 2017. 2 Tampa Bay Partnership, Regional Competitiveness Report, 2017. Figure 2: View of central Clearwater Beach waterfront resorts adjacent to Pier 60 City of Clearwater Downtown Clearwater Development Opportunities RFP │ 7 World-famous Clearwater Beach is at the heart of the Pinellas County tourism market, drawing 5 million visitors each year. Based on millions of reviews, the 2019 TripAdvisor Travelers’ Choice Award ranked Clearwater Beach No. 1 in the United States for the second year in a row, and No. 6 in the world. The City of Clearwater is home to the Philadelphia Phillies for spring training and a minor league baseball team, the Clearwater Threshers. The city also hosts several sports tournaments throughout the year that attract visitors from across the country. Clearwater is the home of the Clearwater Marine Aquarium and Winter the Dolphin, the subject of the “Dolphin Tale” book and movies. An $80 million expansion of the Aquarium was recently completed, increasing the current aquarium size by 5 times, featuring facilities for rescued animals, marine mammal rehabilitation pools, and expanded food court and retail offerings. As the county seat, the city supports a large number of county and municipal offices and is home to a growing and diverse business climate with established businesses in finance, information technology, software, insurance, marine science, medical technology, tourism, and advanced manufacturing. As of 2017, the Tampa-St. Petersburg-Clearwater MSA had an annual job growth rate of 2.4%, almost demonstrating a competitive edge against double the national average of 1.6%.3 Clearwater’s vibrant business community is drawn to its strong local workforce and a coastal lifestyle that offers a variety of outdoor recreational activities, world-class entertainment, and professional and collegiate sporting events. Additionally, workers are drawn to Clearwater’s desirable waterfront neighborhoods, which offer an abundance of homes rich in the Mediterranean, southern colonial, mid-century, and modern architectural styles. Surrounding downtown, the city has several historic neighborhoods where illustrious waterfront mansions give way to quaint, suburban feeling mid-century bungalows that sit just minutes from the heart of the Clearwater. Clearwater’s ease-of-access, diverse economy, celebrated tourism and leisure amenities, high quality and low cost of living, and impeccable climate lending itself to year-round activity position Clearwater well to 3 Tampa Bay Partnership, Regional Competitiveness Report, 201 Figure 3: View of Sand Key, Clearwater Beach City of Clearwater Downtown Clearwater Development Opportunities RFP │ 8 maximize on the emerging “Work from Anywhere”4 mindset quickly gaining in practice and demand. At the essence of this movement is the sentiment that a diversified workplace offering flexibility in work location from traditional office to work from home to co-working spaces is a trend that is here to stay, that has already begun to transform our cities, and one that continues to create a new set of needs for cities and developers to competitively and creatively fulfill. In the wake of COVID-19, flexibility in workplace location has been compounded by the transition to a fully work-from-home model, offering further flexibility in geographic location. Downtown Clearwater exhibits a high quality of life that exemplifies many of the qualities sought after by workforce members seeking a range of options in terms of professional and personal lifestyle and presents an attractive opportunity for the City to creatively meet and showcase this demand to “Work from Anywhere.” CITY GOVERNMENT In the past 20 years, Clearwater has secured a reputation for successfully balancing major redevelopment and tourism projects while maintaining high-quality infrastructure. The city operates under a council/manager form of government. Policymaking and legislative authority are vested in the City Council, which consists of a mayor and four members elected at large on a nonpartisan basis. The City Manager is responsible for carrying out the policies and ordinances of the City Council, for overseeing the day-to-day operations of the City, and for appointing the heads of the City’s departments. This structure has allowed the City to secure long-term commitments to funding major improvements, such as the Imagine Clearwater Master Plan, North Marina Master Plan, and the Cleveland Streetscape Phase III/Market Festival projects, as well as other improvements in recreation facilities, stormwater infrastructure, and roadways. Clearwater is a traditional full-service municipality with additional services including water supply and distribution, public libraries, a gas utility, marina operations and an airpark. The City continues to proactively fund capital projects to support the City’s five utility operations, which consist of Water and Sewer, Stormwater, Solid Waste, Recycling, and Gas Utility operations. A total of $56.4 million is budgeted for utility capital projects for fiscal 2020 with a total of $409.5 million budgeted over the next six years. The City has an annual fiscal 2020 budget of $539.2 million, representing a decrease of $16.3 million across all city operations compared to the fiscal 2019 budget of $555.5 million. The General Fund budget accounts for expenditures of $152.2 million, a decrease of 2% from the fiscal 2019 budget of $154.7 million. The City of Clearwater prides itself on their business-friendly attitude, working closely with the Council and Mayor as a tight-knit, dynamic group of nimble decision makers united in their vision for Downtown as the core of the city. The CRA has been active in providing funding and partnership to its local businesses and neighborhoods offering business development and capital improvements, awarding multiple grants for interior and streetscape improvements, and sponsoring cultural and entertainment-based programs and experiences such as completing the Downtown Clearwater Mural Program ($100,000), partnering with The Dali Museum on a virtual reality exhibit ($60,000), as well as many others. In recent years, the City/CRA has successfully participated in public-private partnerships supporting projects in areas such as Capital 4 HR&A Advisors, Work from Home Will Fade. Work from Anywhere Will Thrive., 2020. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 9 Improvements: Clearwater Harbor Marina ($1.2 million in assistance) and Capitol Theater ($8.8 million renovation project); Redevelopment Incentives: Country Club Townhomes (over $1 million invested towards acquisition and development costs) and Water’s Edge Condominiums ($1 million in reimbursements for impact fees and site improvements); and Business Development: SPARK (a network to support developing businesses and entrepreneurs) and The Ring Workspaces ($600,000 investment in a co-working facility). Most recently, the City acquired a vacant historic elementary school ($1.8 million, 2019) with plans to redevelop with a private partner and successfully incentivized the locating of a brewery in Downtown Clearwater with a façade improvement grant. IMAGINE CLEARWATER Clearwater is experiencing a significant uptick of investment in its Downtown, signaling a new phase of revitalization for the city. The three sites included in the RFP are part of the Imagine Clearwater master plan area, which includes the area west of Osceola Avenue, bordered by Drew Street to the north and Court Street to the south. The Clearwater City Council is one of the strongest proponents of the Imagine Clearwater project and believes that this significant investment in open space and activation will catalyze increased development of the Downtown area, furthering Clearwater’s reputation as a world-class recreational destination and place to live and improving the attractiveness of the three redevelopment sites. The master plan features a signature waterfront park, as well as enhancements in surrounding publicly owned buildings, cultural spaces, and open space. The City expects that the highly-amenitized Imagine Clearwater plan will generate significant economic and community benefits for Clearwater. The new urban parks and surrounding improvements will allow residents and visitors to connect with nature and the arts, gather with family and friends, and enjoy a variety of activities through City-led programming efforts. Studies of parks across the U.S demonstrate that successful and highly-programmed parks and recreational uses can generate significant economic activity by increasing property values and driving economic development in communities, enhancing the visitor economy, and supporting regional resident and business attraction and job-creation.5 The $64 million dollar transformation of the Downtown waterfront, which voters endorsed in a November 2018 referendum, will include additional greenspace, marina facilities, a playgrounds and an outdoor amphitheater. The park will also feature a scenic lake and gardens, family-friendly play spaces and a “Bluff walk” which will extend from Drew St to Cleveland St bordering the Harborview site. Additionally, the park will feature an outdoor amphitheater concert venue, drawing regional crowds to Downtown Clearwater. In addition to concerts, the covered 4000-seat complex will also be a venue for farmers markets, graduations, art festivals and other events.6 The City has prioritized the project – core park construction will begin in 2021 and is expected to be completed in full by 2023. Current designs are nearing 60% completion, and once approved will allow for core construction to commence, though preliminary demolition and utility relocation work have begun in 5 National Recreation and Park Association, Promoting Parks and Recreation’s Role in Economic Development, 2018. 6 At a meeting on June 16th, 2020 the Clearwater City Council voted 4-1 to move the covered amphitheater from the western edge of the park to the north side, in order for the greenspace of the 22-acre park to no longer be bifurcated by the venue and so the sound from the concerts projects eastward, as shown in Figure 2. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 10 preparation for this phase. The design is being led by Stantec, a top-tier global engineering firm. Figures 3 to 5 show recent renderings for the park. The City expects to have the design for the reconfigured park and updated cost estimates approved by the end of 2020 and has secured funding for the total $64 million investment. So far, funding is anticipated to come mostly from Penny for Pinellas one-cent sales tax revenue, City tax revenue, and up to $30 million of bond proceeds. The bonds were validated by a Pinellas County judge in September 2020. VISIT THE IMAGINE CLEARWATER WEBSITE FOR MORE INFORMATION ON THE PLAN AND RECENT DESIGN PROGRESS. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 11 Figures 4-8: Imagine Clearwater – images depict plan approved for construction. Master Plan – Site Plan Figure 5: Imagine Clearwater waterfront park (30% stage renderings) City of Clearwater Downtown Clearwater Development Opportunities RFP │ 12 Figure 6: Imagine Clearwater waterfront park (30% STAGE renderings) Figure 7: Imagine Clearwater waterfront park (30% stage renderings) Stantec City of Clearwater Downtown Clearwater Development Opportunities RFP │ 13 Figure 8: Imagine Clearwater waterfront park (30% stage renderings) DOWNTOWN CONTEXT In the Spring of 2014, Clearwater refocused its efforts on Downtown revitalization by sponsoring an Urban Land Institute (ULI) Advisory Panel to provide strategic advice on public investments to improve the Stantec City of Clearwater Downtown Clearwater Development Opportunities RFP │ 14 downtown. The panel recommended a series of projects including the Imagine Clearwater Master Plan, North Marina Master Plan, and the Cleveland Streetscape Phase III/Market Festival project. Implementation of the Phase I North Marina Master Plan has been completed. Improvements to the North Marina Master Plan area include new landscaping, new lighting, new permanent restrooms, new trail extension through the marina to the waterfront park, new floating docks, new kayak launch area, two new parking areas, upgrades to the existing parking lot that include stormwater improvements, enhanced public walkways, additional public benches, additional green space, and improved park area at the end of Seminole Street.7 The Cleveland Streetscape Phase III/Market Festival project is also underway, with aims to enhance Cleveland Street, a major downtown thoroughfare that ends at the Imagine Clearwater park, into a pedestrian and bicycle friendly street. The goal of the Cleveland Streetscape Phase III project is to improve the roadway and make it safer in the Downtown Gateway, which stretches along Cleveland Street from Missouri Avenue to Gulf-to-Bay Boulevard and Cleveland Street to San Remo Avenue, by adding landscaping, enhancing street parking, improving sidewalks and adding bike lanes along the corridor. The Market Festival aspect of the project comes into play at the intersection of Cleveland Street and Gulf-to-Bay Boulevard, which will be known as the Festival Core. The Clearwater Redevelopment Authority has indicated that the convergence of these two major downtown thoroughfares has potential for a future Mercado or market, which would hold events and offer a location for local artists, artisans and vendors to sell their items.8 Each of these projects will create new public amenities for enjoying the waterfront and experiencing the downtown renaissance. In 2018, The City adopted the Clearwater Downtown Redevelopment Plan and an updated zoning ordinance that set the stage to build a vibrant, mixed-use community with reduced parking requirements, a wide range of allowable uses and generous density and building height allowances. As identified in the ULI study, the City and the CRA are emphasizing the creation of a significant residential concentration in and around the Downtown Core that will strengthen the vibrancy of downtown’s retail, office, recreational, and entertainment uses. The three available City-owned sites are in the heart of Downtown Clearwater, offering unparalleled waterfront views of the Intracoastal Waterway, as well as direct access to Downtown. The sites are also conveniently located a short distance from world-renowned Clearwater Beach. The CRA envisions these parcels as a major opportunity to facilitate its strategy to increase residents and activity in downtown. Downtown Clearwater offers an emerging arts scene, a variety of international cuisines, and numerous special events and concerts along Cleveland Street and the existing Coachman Park. It is home to the Capital Theater, a live music venue that is the second highest-grossing theater of its size in the United States. Downtown is also home to several high-grossing start-ups such as KnowBe4, Connectwise and Tech Data. Below is a list of achievements and projects that have occurred or are underway in Downtown: • The completion of The Nolen (2017), a mixed-use development with 257 apartment units, 24,000 square feet of commercial space and 300 parking spaces. The Nolen was acquired by NM Residential in July 2018 for $44.5 million. 7 My Clearwater, North Marina Area and Seminole Boat Launch Improvements Announced, 2020. 8 Downtown Clearwater, Second Century Clearwater: Our Plan For Revitalization, 2020. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 15 • The completion of 1100 APEX (2019), a mixed-use 15-story development with 134 apartment units, 4,348 square feet of commercial space and 202 parking spaces. • The completion of Madison Point, an 80-unit age- and income-restricted development, at 400 S. Martin Luther King, Jr. Avenue. • A recently CRA-acquired 60+ space surface parking lot at the intersection of Cleveland Street and S. Martin Luther King, Jr. Avenue that will provide public parking for retail customers visiting nearby businesses. • The completion of The Ring (2018) a co-working space that meets the WELL standards for human health and wellness. • The “Best of Bay – People's Choice” award for the Dreams of Dali virtual reality exhibit. • Over $2 million in CRA grant funds to support 13 new restaurants and bars. • North Marina Master Plan Improvements. • Complete street studies for Drew St and Fort Harrison St. • Renewal of the Pinellas County TIF funding for the Clearwater CRA ($1.5 million annually) • A proposed 20,000 square foot assisted living facility at the intersection of Martin Luther King, Jr. Avenue and Druid Road Community Redevelopment Agency The CRA is dedicated to the revitalization of Downtown. The agency will work closely with respondents to ensure the successful redevelopment of these properties and to connect developers with other private redevelopment opportunities. Recent Projects supported by the CRA include: • 306 S Washington Ave, Under Review – $38 million development proposing a public-private partnership with CRA to provide 171 mixed-income apartment units on 3+ acres of City-owned land. • 708 Chestnut St, Approved 2020 – CRA awarded a $500,000 maximum grant in construction cost reimbursements to a private developer for a $3.3 million mixed-use project in Downtown Clearwater offering 14 rental apartment units and 5,000 square feet of ground floor retail. The project adds workforce housing to a formerly blighted area. • Downtown Clearwater Mural Program, 2020 (Ongoing) – CRA announced Phase 2 of its Mural Program, following the completion of four murals in 2019. Stipends of $5,000-$20,000 will be awarded, the completed products being part of the Downtown Arts & Culture Map which includes 2 dozen murals, sculptures, and other cultural arts projects. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 16 Figure 9: Capitol Theatre, Downtown Clearwater Figure 10: Downtown Clearwater City of Clearwater Downtown Clearwater Development Opportunities RFP │ 17 III. Project Goals As part of the Imagine Clearwater master plan vision, the three parcels on the Bluff were identified as a major opportunity to strengthen the vibrancy of Downtown Clearwater alongside the new iconic waterfront park. These sites all have direct access to the waterfront park and its amenities, offer unparalleled waterfront views, and are an important point of connection between the waterfront and the rest of the Downtown Core and its major commercial corridor along Cleveland Street. The City and CRA have five major project goals for the redevelopment of the three waterfront properties included in this RFP, listed below in order of relevance. 1. Increasing vibrancy and economic activity in Downtown Clearwater. The City/CRA expect that these development projects will increase Downtown’s residential population and as a result will increase the level of downtown activity. 2. Supporting activation of the new waterfront park. The Imagine Clearwater vision is anchored by a signature waterfront park, which would benefit from a complementary mix of active uses on adjacent properties to ensure that the park is lively across a range of times and seasons. 3. Improving connection between the waterfront and the rest of Downtown. Projects developed on the sites should enhance the pedestrian experience for residents and visitors, knitting the new activity at the waterfront back to the core of Downtown. 4. Setting a precedent for future Downtown development. Imagine Clearwater is a transformational project, and the City expects that redevelopment of neighboring properties will follow and be instrumental in the creation of a cohesive vision for a more vibrant Downtown. 5. Generating a financial return for the City. The City/CRA expects to generate revenues from the disposition and redevelopment of the site, including both revenues from sale or leasing of the parcels and new tax revenues. Using the responses and information gathered from the RFEI process, the City and the CRA have developed a disposition strategy for all three sites, including details for the City-led referendum for the Harborview and the City Hall sites. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 18 IV. Site Details The City’s three available development parcels are all located along Osceola Avenue in the heart of Downtown Clearwater and offer unparalleled views of the Intracoastal Waterway and key connection to the new waterfront parks. The points discussed in the section below outline the City’s and the CRA’s preferences for the redevelopment of the three sites and potential developer partnership structures. The City and the CRA will prioritize respondents that successfully integrate the City’s/CRA’s preferences within their visions for the sites. Any proposed divergences from the stated policy preferences should be states and explained. The City and CRA will accept development proposals for any single site or combination of sites. It should be noted that the Harborview site is the City’s and the CRA’s priority for redevelopment given its prominent placemaking at the entrance of the park, and that the City and the CRA encourage RFP responses that include, as part of their development proposal, a proposal for the Harborview site.It should be noted that the Harborview site is the City’s and the CRA’s priority for redevelopment given its prominent placemaking at the entrance of the park, and that the City and the CRA wish to see RFP responses that include, as part of their development proposal, a proposal for the Harborview site, in addition to City Hall and Pierce St. sites, should respondents choose to pursue either of those two development opportunities. However, proposals that do not include the Harborview site will not be disqualified. OVERALL CONSIDERATIONS • All three sites are located in an Opportunity Zone. • The City/CRA are in support of proposals utilizing the allowance for increased FAR and note an openness to approaching performance-based code with flexibilityto zoning variances for the sites to meet market demands and enhance value. • The City/CRA are open to a mix of rentals and condos in the sites with a minimum target of 150 rental units across the three sites. The City and CRA will take this objective into account in the evaluation of proposals.Proposals must meet the minimum target regardless of the number of development proposals included, meaning a development proposal for a singular site must still meet this minimum. • The City/CRA have identified ground-floor retail as a requirement to the Harborview site. • Active ground floor uses that support a vibrant public realm are encouraged for all sites, as well as active retail uses. AnOne example of thesea desired active uses is a restaurants overlooking the waterfront park. Although ground floor retail is not a specific requirement for the City Hall and the Pierce St. sites, active ground floors are encouraged. • Public access from the site to the waterfront park is a requirement for the Harborview site and a strong preferencered for the City Hall site. The Pierce Street site has no public access requirements. • 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 materials that enhance the attractiveness of Downtown Clearwater’s built environment. • The City/CRA are open to two types of transactions—sale or ground lease for any of the three properties. The City believes that a long-term lease for the Harborview and City Hall sites is likely to be viewed as the most favorable option by the general public, with positive implications for referendum approval. Nonetheless the City remains open to alternative transaction structures as deemed necessary by respondents. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 19 Figure 11: Development Sites City of Clearwater Downtown Clearwater Development Opportunities RFP │ 20 HARBORVIEW SITE Key Information The Harborview site (+/- 1.43 acres*)9formerly housed the City’s Harborview Center, which was demolished in February of 2019 to give way for other development uses. It is located at near the intersection of Osceola and Cleveland Street, Downtown’s major commercial corridor, and is envisioned as the main entrance to the new waterfront park and a key component of the City’s vision for Downtown Clearwater. Located directly across from the heart of the planned waterfront park, the Harborview site will truly be the park’s “front door.” The site is adjacent to Clearwater’s main public library building. The site’s topographical location above the Bluff may allow for the construction of parking below the building, tucked into the natural hillside. The Harborview site is available for a fee simple disposition or a ground lease. Core Considerations • There is a strong preference for rental housing product and a requirement for active retail uses, such as a café or restaurant, on the ground floor on this site. The City/CRA would also be open to a potential hotel use on this site, should respondents deem that use desirable. • The proposed project should also improve public access to the park from Osceola, both along the entry plaza and Library side of the building, including an active edge on the park side of the building along the Bluff walk. Public access to the waterfront park is required on this site. • The Harborview site currently contains approximately 112 parking spaces used by Library patrons. Any future uses will be expected to at least partially replace these parking spaces, potentially with the support of the City’s parking funds. For planning purposes, The City and CRA currently assume that the redevelopment will accommodate approximately 50 parking spaces, though the parties are open to proposals that replace a greater proportion of the displaced parking. City parking funds can be used to offset some or all of the cost of replacement parking. Detailed Information on subsidies available for parking uses can be found in Section V. Regulatory Framework, Opportunities for Tax Credits & Alternative Financing. • Open space improvements (civic gateway, or welcome center) will be funded by the City as part of the park project. • * The total buildable site area is approximate. The Harborview site contains a boundary, designated by the Charter, which outlines the buildable area on the site. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 21 Figure 12: Harborview Center Demolition Figure 13: Harborview Site Boundary John Guerra, TBT City of Clearwater Downtown Clearwater Development Opportunities RFP │ 22 CITY HALL SITE Key Information The City Hall site (+/- 2.60 acres) is located at the intersection of Osceola Ave. and Pierce St., a half block south of the Harborview site. This site also has direct access to the future waterfront park and is an important connection between the waterfront and the rest of Downtown. The City has relocated its administrative functions from the site and has plans to demolish the current City Hall structure. As a part of the overarching goal to invite activity and visitation to Downtown Clearwater, the City suggests that respondents consider the potential for a cultural use aligned with the context of the overall site program proposed, if respondents deem this an attractive concept. The City Hall site is available for a fee simple disposition or a ground lease. Core Considerations: • The City welcomes respondents’ ideas regarding a variety of uses on the site, potentially including, but not limited to, rental housing, condominiums, hotel, ground-floor retail, and cultural and civic uses (e.g., art or exhibition space). • The City is open to a partnership to provide the parking needed to meet demand from the cultural / civic use. • Public access to the waterfront park is a strong preferencered on this site. • The project proposal should improve pedestrian access from Osceola to the future park, andpark and encourage an active edge on the park side of the property. • The City is willing open to proposals that consider the joint development of the City Hall and the Pierce St. sites, including the realignment of Pierce St., to consider repositioning Pierce Street to accommodate the consolidation of the City Hall site and the Pierce Street site, and/or the use of “air rights” over the Pierce Street right-of-wayas long as they continue to provide effective pedestrian and vehicular publicle access to the waterfront. • Figure 15: City Hall Site Aerial View Figure 14: City Hall Site Boundary WTSP City of Clearwater Downtown Clearwater Development Opportunities RFP │ 23 PIERCE ST. SITE Key Information The third site available for disposition is the Pierce St. site (+/- 1.23 acres), located across from City Hall, at the intersection of Osceola Ave. and Pierce St. The site is currently an empty lot and has direct access to the waterfront park. The Pierce St. site is the only of the three sites that does not require referendum approval prior to its disposition. The City prefers to dispose of the Pierce St. site through a fee simple disposition, as the property is not subject to the same City Charter as the other two sites. Core Considerations: • The City welcomes respondents’ ideas on a variety of uses on the site including, but not limited to, rental housing, condominiums, hotel, and ground-floor retail. • In highlighting the City’s commitment to flexibility and creativity within development possibilities, respondents should be aware of two options regarding this site, both of which the City approves: (a) development on the Pierce St. Site as described or (b) a land swap for a property in closer proximity to the Harborview site that could deliver a more concentrated set of developments, also potentially accommodating supplementary parking for the Harborview site. The City seeks inputs from developers on their preference for one of the two options. o In the event of interest in a land swap, respondents should be aware that the City has previously engaged with owners of potential alternate sites regarding the possibility of a land swap transaction. Further coordination with the City is needed if a land swap is desired by the developer. • Given its adjacency, respondents are encouraged to proposed ideas on this site that are complementary and relate to proposals on the City Hall site. • The project proposal should consider improved pedestrian conditions and/or active ground-floor uses on Osceola and/or facing the future park. • The City is open to proposals that consider the joint development of the City Hall and the Pierce St. sites, including the realignment of Pierce St., as long as they continue to provide effective pedestrian and vehicularl publice access to the waterfront. The City is willing to consider repositioning Pierce Street to accommodate the consolidation of the City Hall site and the Pierce Street site, and/or the use of “air rights” over the Pierce Street right-of-way. • Figure 17: Pierce Street Site Boundary Figure 16: Pierce Street Site Aerial View Google Earth City of Clearwater Downtown Clearwater Development Opportunities RFP │ 24 V. Regulatory Framework ZONING CONTEXT All three properties have a future land use plan designation of Central Business District and are within the Downtown Commercial District as well as the Downtown Core Character District. Urban design and zoning requirements will be applicable at all sites. The allowable FAR is 4.0 and the allowable density is 75 units per acre or 95 hotel units per acre. The Downtown Core has no maximum height limit or ISR restrictions; however, set-backs do apply above a 75’ height threshold. With regard to parking standards, attached dwellings require one space per unit and overnight accommodations require 0.75 spaces per unit. Most other uses have no minimum parking requirements. See Table 1 of the Downtown Zoning District for the full list of permitted uses and parking standards. Refer to the Community Development Code for additional details. The Harborview site is located on a Street Type A and is considered a key corner. The City Hall and Pierce St. sites are designated a Street Type B and along Pierce the properties are a Street Type C. The Harborview site (Street Type A) must comply with the Storefront 1 Frontage standards. The other two sites along Osceola must also comply with Storefront 1 Frontage standards and along Pierce have the option of complying with Storefront 1 or 2 standards. Respondents should ultimately seek to propose development concepts that harmonize with existing and proposed adjacencies, including activation and public access for the park, and that complement the context of the surrounding district and its buildings. If the current zoning framework does not provide sufficient FAR or density, it is possible to obtain additional development potential through the Public Amenities Incentive Pool. OPPORTUNITIES FOR TAX CREDITS & ALTERNATIVE FINANCING In addition to potential additional density and FAR granted by City Council, the City and CRA will consider certain development incentives to support the achievement of the goals and requirements stated in this RFP. These incentives could include, but not be limited to, reductions in certain impact and development fees and funding for provision of parking and rental workforce housing. The pool of incentives , which will be applied across the three sites on a competitive basis, ifas utilized. Respondents are asked to propose whether they intend to seek incentives, which will be evaluated as part of the Financial Feasibility and Financial Offer sections of the evaluation process (see Section VII, Evaluation Criteria); all incentive types and will be weighted evenly, regardless of incentive typesource. Additionally, the three sites are located in an Opportunity Zone, a designation provided as part of The Opportunity Zone program which was created as part of the 2017 Federal Tax Cuts and Jobs Act. If the Developer wishes to request incentives, it should outline the anticipated needs as part of its response. Please see the below descriptions outlining the specific incentives identified by the City/CRA applicable to the sites in this RFP. More information is available on the City’s website. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 25 Opportunity Zones and Tax Credits Opportunity Zones The three sites are located in an Opportunity Zone, a designation provided as part of The Opportunity Zone program which was created as part of the 2017 Federal Tax Cuts and Jobs Act. Opportunity Zones are economically distressed census tracts designated by the U.S. Treasury Department. By investing in an Opportunity Zone, through a qualifying Opportunity Fund, investors can defer and/or reduce their federal capital gains tax liability. These tax benefits increase the longer investments are held. There is no cap on the amount of capital that can be invested, and the Opportunity Zone incentives can be applied to a wide range of investments in real estate and operating companies. New Market Tax Credit (NMTC) New Market Tax Credit (NMTC) provides an incentive for investment in low-income communities. The US Department of the Treasury competitively allocates tax credit authority to intermediaries that select investment projects. Investors receive a tax credit against their federal income tax. NMTC investors provide capital to community development entities (CDEs), and in exchange are awarded credits against their federal tax obligations. Investors are primarily corporate entities—often large international banks or other regulated financial institutions—but any entity or person is eligible to claim NMTCs. More information can be found at the U.S. Department of The Treasury’s Community Development Financial Institutions Fund website. Low Income Tax Credit (LIHTC) State program providing tax credits for the development/rehabilitation of affordable multi-family housing. Applications from interested developers are necessary for the consideration of providing City support for qualified multi-family housing development which meet the goals of the City and comply with applicable federal and state law. More information can be found on the City’s website. CRA Fund CRA Fund for Capital Improvements and Infrastructure CRA has agreed to allocate up to $5 million total paid over four years to the sites listed in this RFP for four years, starting in 2023. This funding is applicable to workforce housing and public or cultural amenities, such as performance venues, galleries and museums, theaters, etc. City Parking Fund City of Clearwater Parking Fund The City of Clearwater’s parking fund can be utilized to pay for construction of public or publicly accessible parking within the city. For the sites specifically outlined in this RFP, use of the parking fund is dependent on the type of parking use proposed (i.e., public or private, and use of area requiring parking support, such as a hotel convention center). Based on use, the City will provide $25,000 for each public parking space provided up to 100 spaces, or $2.5 million for public use. Respondents must propose an operations plan for managing parking. The City has budgeted $10.5 million for the fiscal year 2023-2024 towards a Downtown Garage, which may be used to support this project. The garage, intended to be 5-7 stories in height, is intended to be located no further than two blocks from the sites. Reduction/Waiver ofon Admin Fees/Impact Fees City of Clearwater Downtown Clearwater Development Opportunities RFP │ 26 City of Clearwater General Fund and Enterprise Funds The City of Clearwater will provide support for streetscape improvements, permit fees, and impact fees via the General Fund and Enterprise Funds. Direct City and CRA incentives would not apply to the following uses: • Parking not required by zoning or which does not serve the general public; • Office space; and • Hotels; and • Market-rate condominiums. PROGRAMS & INCENTIVES – ADDITIONAL RESOURCES For more information and a full list of the available programs please visit the City’s website. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 27 VI. Submission Requirements PROCUREMENT PROCESS The responses and information gathered from respondents to this RFP will be used to select appropriate development partners. Eligible responses will demonstrate development proposal elements including, but not limited to, a specific program proposal, a detailed financial plan and financial offer, and a detailed management structure for construction and property management. Respondents should note that the development partner(s) will be selected, first, on adherence to non-financial criteria, and second, based on the feasibility and value of the financial offer. The overarching goal for selection is to identify a respondent whose proposal successfully meets the goals and requirements of the RFP, as envisioned by the City and CRA. Respondents are invited to submit responses electronically no later than Friday, March 5, 2021 at noon. A pre-bid conference will be held Friday, February 5, 2021, final date TBD. The City/CRA will also accept written questions submitted by Wednesday, February 3. Answers will be posted on a rolling basis, but no later than Friday, February 12. The target date for the selection of development partner(s) is on or before April 30, 2021. The City/CRA will select one or more teams to enter into negotiations to reach a development agreement, with the expectation that a preliminary agreement will be finalized by fall of 2021. This finalization date is intended to align with an appropriate timeline in which the referendum preparation process can occur, roughly 5 months. Respondents to this RFP shall prepare submissions and seek clarification pursuant to the following requirements. Inquiries, Questions, and Clarifications All inquiries, questions and requests for clarifications/interpretations shall be submitted in writing to both Michael.Delk@myclearwater.com and Lori.vogel@myclearwater.com by February 3, 2021. Answers to questions will be provided by means of an RFP addendum. Questions after this date may be answered at the City’s discretion. During the period of time for which this RFP is being advertised and considered, the City’s primary contact for information shall be: Lori Vogel, CPPB, Procurement Manager City of Clearwater 100 South Myrtle Ave. 3rd Floor Clearwater, Florida 33756 Lori.vogel@myclearwater.com 727-562-4632 Delivery Proposals shall be marked “RFP # 14-21, Downtown Clearwater Waterfront Development Opportunities” and submitted electronically through the City bids website at: https://www.myclearwater.com/business/rfp Deadline Proposals shall be received no later than FridayMonday, MarchApril 512, 2021 at 12:00PM EST. Proposals received after the specified time will NOT be considered. Schedule City of Clearwater Downtown Clearwater Development Opportunities RFP │ 28 The following schedule is tentative and subject to change at the City’s discretion: Release RFP: dateMonday, January 11 Advertise Tampa Bay Times: dateMonday, January 11 Pre-Bid Conference: dateFriday, February 5 Responses due: date Monday, April 12 Review proposals: dateApril 12 – May 10 Presentations (if requested): dateMay 17 – May 24 Award recommendation: dateJune 2021 Council authorization: date Contract begins:begins: date The responses and information gathered from respondents to this RFP will be used to select appropriate development partners. Eligible responses will demonstrate development proposal elements including, but not limited to, a specific program proposal, a detailed financial plan and financial offer, and a detailed management structure for construction and property management. Respondents should note that the development partner(s) will be selected, first, on adherence to non-financial criteria, and second, based on the feasibility and value of the financial offer. The overarching goal for selection is to identify a respondent whose proposal successfully meets the goals and requirements of the RFP, as envisioned by the City and CRA. SOLICITATION REQUIREMENTS The City and the CRA invite development teams of one or more firms with a track record of successfully delivering mixed-use residential and/or hotel projects to submit responses to this RFP. Complete teams should include firms with necessary development and management expertise as well as firms with necessary design expertise. Respondent teams must clearly and completely address each of the following areas in response to this RFP in order to be eligible for selection: 1. Cover Letter. Responding teams should prepare a cover letter stating their interest in the opportunity, summarizing the suitability of the assembled team and the materials presented to support the RFP response. This letter should also identify the primary contact person for the respondent organization. 2. Team Introduction and Experience. Respondents should include a description of the development team, the firms’ experience and qualifications, and relevant personnel experience and qualifications. The following aspects should be included: a. Development Team. Description of the key firm(s) comprising the team, including architects, engineers, and other relevant consultant teams, and the role of each in the project. In this section, respondent teams should include: a description of each key organization, its mission, a chart summarizing the overall team structure, and key firm management. For teams led by a joint venture, include the structure, percentage of ownership held by each lead, and the intended role (e.g., co-developer, limited partner, general partner). City of Clearwater Downtown Clearwater Development Opportunities RFP │ 29 b. Operators. For all uses proposed, respondents should provide detailed information on prospective operating partners, including letters of intent or interest to demonstrate feasibility. Information on operators proposed for cultural uses and hotel uses are especially of interest. c. Firm Experience and Qualifications. Respondents should include examples of projects that demonstrate the team’s experience with the proposed development program (mixed-use, residential condo or rental, retail, and/or hotel) and, if applicable, experience in development partnerships with public and non-profit sector partners. For all projects submitted as examples of relevant previous experience, respondents should provide: i. Project location. ii. Project size and program description. iii. The respondent member’s role in the project. iv. Project completion date or expected completion date. v. Public sector involvement, if any. vi. Total project cost and financing structure, if available. vii. A representative image or images of the project. d. Personnel Experience and Qualifications. Respondents should demonstrate that their teams include personnel with the experience and expertise necessary to deliver a high-quality mixed-use development. Teams should include resumes for identified key personnel within the proposed team, including qualifications (within the current firm or in previous roles). 3. Development Plan. Teams should include a description of their vision for redeveloping the site or sites. As noted previously, the Harborview site is the City’s and the CRA’s priority for disposition. The City and CRA will accept development proposals for any single site or combination of sites. It should be noted that the Harborview site is the City’s and the CRA’s priority for redevelopment given its prominent placemaking at the entrance of the park, and that the City and the CRA encourage RFP responses that include, as part of their development proposal, a proposal for the Harborview site.The City and the CRA wish to see RFP responses that include, as part of their development proposal, a proposal for the Harborview site, in addition to City Hall and Pierce St. sites, should respondents choose to pursue either of those two development opportunities. However, proposals that do not include the Harborview site will not be disqualified. Respondents should include their proposals for a development narrative, a vertical development program, and approach to public partnership. a. Development Narrative. Respondents should provide a narrative accompanied by renderings, illustrations or simple diagrams to articulate the development approach. The inclusion of these visual representations is required. This section should cover at least the following aspects: i. An overall vision for the sites that articulates the vision and preliminary concept, proposed program, design and massing approach, ground floor uses and site integration with the surrounding urban fabric, including Cleveland Street and the adjacent waterfront park. ii. An approach compliant with the Downtown Design Guidelines and urban design requirements, enhancing the attractiveness of Downtown Clearwater’s built environment; and City of Clearwater Downtown Clearwater Development Opportunities RFP │ 30 iii. Proposed development timeline and phasing, as well as preferred timing for the disposition of the sites within the context of a referendum vote for the Harborview and City Hall Sites. The City/CRA will work with the selected development partner(s) to reach a mutually agreed upon schedule. The overall timeline should include, but not be limited to, the following key project milestones: 1. Project start; 2. Due diligence and pre-development activities; 3. Construction start and duration; and 4. Initial occupancy. b. Vertical Development Program. Teams should include a detailed proposed vertical development program for each site. This section should include: i. A description of how the proposed program fits into the adjacent context and overall development vision. ii. For residential uses, the number of units and total gross square footage. iii. For any affordable and workforce units proposed, a description of how these units will be integrated into the development, the number of affordable units proposed, the total gross square footage, and proposed level of AMI at which the units will be affordable. iv. For retail and office uses, a narrative description of the character of the space including how ground floor uses accomplish the Downtown Design Guidelines and desire for active retail uses, and total square footage. If prospective tenants or operators have been identified, letters of intent or interest may be included to demonstrate feasibility. v. For hotel uses, a narrative description of the type and target patron of the hotel product proposed, the number of keys, and total square footage. As previously noted, if prospective operating partners have been identified, letters of intent or interest should be included to demonstrate feasibility. vi. For cultural uses, a narrative description of the type and integration/location of the use in relation to the remainder of the site, and total square footage. As previously noted, if prospective operating partners have been identified, letters of intent or interest should be included to demonstrate feasibility. vii. For any privately-owned or funded public spaces, a narrative description of how these spaces enhance and connect to the surrounding context, the size, and location. viii. For proposed parking uses, a narrative description of type of structure (surface, separate structure, below ground, etc.), users, size, and location. c. Approach to Public Partners. Teams should include their approach to working with public stakeholders, including: i. Approach to working with the City and CRA, including strategy to secure any necessary incentives and exceptions to performance-based code.zoning variances. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 31 ii. If applicable, approach to drafting a Pre-Development Agreement with the City and CRA to be used as a preliminary basis for the future operating agreement and eventual lease document. 4. Financial Plan. Teams should provide detailed information on their financial plan. This section should include evaluation of financial feasibility, all assumptions, a description of how they have effectively secured and leveraged significant funding streams from public and private sources, and their experience in assembling financing packages for mixed-use developments. The following aspects should be included: a. Pro Forma. Teams must provide a detailed pro forma cash flow for proposed projects for a period lasting through the first ground rent reset or the first 10 years, whichever term is longer, including at a minimum: i. Program and Income Assumptions such as operating revenues and expenses, development costs, and exit assumptions. ii. Sources Assumptions such as sources of equity, debt, and subsidies iii. Uses Assumptions including all hard and soft costs iv. Preliminary Construction and Permanent Financing Assumptions v. Project Schedule and Timing Assumptions including expected start date, stabilization, key intermediate milestones vi. Project Yield Metrics including the assumed discount rate, the internal rate of return, return on cost, and weight average cost of capital. All cash flows should be submitted in PDF and Excel formats with active formulas clearly linking to an assumptions section on which all calculations were based. Respondents may submit proprietary cash flow models to meet this submission requirement. b. Equity and Debt Sources. Teams should include detailed descriptions of equity and debt sources for financing this project. This should include each investor’s equity commitment to the project (including letters of commitment), and satisfactory evidence of respondent’s ability to secure project debt (including tentative letters of commitment from prospective lenders). c. Financing Approach for Affordable Housing. If including affordable housing, teams should include any intended use of tax credits, sources of state, local or philanthropic sources. Teams should include their experience in utilizing such sources and anticipated capacity to secure such funding sources. d. Conditional Public Funding Sources & Use of Incentives. Teams should include whether they intend to use funding via available incentives listed in Section V. Regulatory Framework. This description should include which specific incentives will be used and the extent of funding desired. Teams should include detailed descriptions of other types of conditional public funding sources for financing this project. Teams should include their experience in utilizing such sources and anticipated capacity to secure such funding sources. If teams are utilizing both affordable housing funding sources and public funding sources, a total of two financial plans should be submitted: one that assumes receipt of all funding sources and one that assumes the receipt of none of these sources. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 32 d.e. Construction Costs. To the extent available, teams should include a general description of all estimated construction costs, including hard and soft costs, related to residential, retail, office, cultural, public, parking, and other uses. The description should also include general estimated infrastructure costs for the property such as site grading and earthwork, water and sewer, other utilities, paving, curbs, and gutters. e.f. Tenant and Leasing Approach. Teams should include their approach to tenanting and leasing the building. 5. Financial Offer. Teams should include a description of their financial offer, including intent to propose a land acquisition or a ground lease. This section should include the respondent’s proposal for ownership strategy in either a fee simple purchase or ground lease, and where applicable, fair market valuation, land valuation, conversion rate, and desired schedule. Teams should also state their intention to retain a long-term ownership position in the project or sale of the developed project to a third party. a. Property Valuation. City/CRA Staff will provide property appraisals for each of the three sites in order to establish a baseline value in the RFP, assuming the sale of each property. In their proposal, respondents are expected to factor in the fair market value provided by the City/CRA. If this is omitted, respondents must provide an explanation and alternative proposal describing what value they intend to pay for the site. Respondents should note that while City Council can decide to accept offers that are below the appraised fair market value, this action is required to be approved through a referendum. In the event a ground lease is proposed, the fair market valuation and Charter processes do not apply. Once a proposal is selected for negotiation, the City/CRA will revise the previous appraisal based on proposal specifics such as the mix of uses and financial offer for a ground lease or fee simple disposition. b. Ownership & Fees. The City/CRA will support a flexible payment schedule for lease or purchase, and a 0% interest loan for land purchase. The City is responsible for funding all streetscape improvements and waives will consider reimbursement of all impact fees. EXPENSES All proposers responding to this RFP do so at their sole expense and risk. The CRA and City assume no financial or other obligation to Proposers who respond to this RFP. The CRA and City will not be liable to any broker, consultant or other entity acting on behalf of any Proposer for any fee or payment relating directly or indirectly to the Proposer or its proposal. NON-CONFIDENTIALITY All proposals, qualifications, correspondence, and records made thereof, are public record and handled in compliance with applicable state and local laws. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 33 City of Clearwater Downtown Clearwater Development Opportunities RFP │ 34 VII. Evaluation Criteria SELECTION PROCESS The City and The CRA will evaluate respondents’ submissions in accordance with the requirements of this RFP as well as any interviews, references, or other supplemental information provided. The Selection Process will include: 1. Submission Review. Submissions will be reviewed by the City and CRA to determine whether the proposal fulfills all submission requirements and meets the minimum threshold requirements listed below. a. Non-Financial Aspects Review. If the proposal is approved, the non-financial aspects will be reviewed with a maximum score of 120 125 points. Only proposals scoring a minimum of 75 points within the non-financial aspects’ category will be approved for further consideration. b. Financial Aspects Review. Proposals will be evaluated based on the price offer as well as the feasibility of the financial plan supporting the offer, with a maximum of 100 points. c. Final Consideration. The City and CRA will evaluate the Non-Financial Aspects and Financial Aspects categories together to select the best proposal(s). 2. Invitation to Interview. Respondents selected by the City and CRA as a result of the Submission Review may be invited to interview, in which respondents will have the opportunity to present their concept, approach to partnerships, timeline, development team, and financial plan to the City and CRA. It is expected that the principal project manager of selected teams attends the interview. The City and CRA will accommodate individual schedules by providing a range of dates and times for scheduled interviews. 3. Final Decision. The City and CRA will evaluate all comprehensive information to make a final recommendation to City Council for a preferred developer. All respondents will be notified in writing of the final decision. MINIMUM THRESHOLD REQUIREMENTS The City and CRA will review all submissions based on quality, completeness, and compliance with the submission requirements and project goals outlined within this RFP. In addition, The City and CRA will only advance proposals that meet the minimum criteria listed below: • Housing. The inclusion of rental and/or condo housing product in the sites, with in light of the City and CRA’s target to deliver a minimum target of 150 rental units across the three sites. • Active ground floors. Active gGround floors that support a vibrant public realm,introduce uses open to the general public, such as retail, civic, and cultural uses, in order to increase vibrancy and economic activity in Downtown Clearwater. • Downtown Design Guidelines. 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 materials that enhance the attractiveness of Downtown Clearwater’s built environment. • Financial offer. The proposal provides a financial offer in the form of a fee simple purchase and/or ground lease for each of the sites considered in the proposal. • City of Clearwater Downtown Clearwater Development Opportunities RFP │ 35 EVALUATION CRITERIA The City and CRA will only evaluate respondent proposals deemed to be complete and deemed to fulfill the minimum threshold requirements using the scoring described below. The evaluation will be a two-step process in which a minimum threshold of points for non-financial aspects (Step 1) must be achieved to move on to the financial evaluation. Eligible bonus points will also be applied in Step 1 as part of the non-financial evaluation. Proposals that meet the minimum threshold in Step 1 will advance to the evaluation of financial criteria proposed (Step 2) with the scores in both steps being cumulative. City Council will only review proposals that meet the criteria to move into Step 2, with City/CRA staff managing the process as outlined below. All proposals will be available for public review, although not all will be presented in public. The Evaluation Process will include: 1. Step 1: Non-Financial Criteria & Bonus Points – 100 125 Points Non-Financial Criteria includes the following categories: Project Understanding and Concept, Organization Expertise and Experience, and Bonuses, each of which has associated point thresholds. • Maximum Points – 120 125 Points. • Minimum points to advance to Step 2: Financial Evaluation – 75 Points. a. Category Breakdown: i. Project Understanding and Concept – 50 Points ii. Organization Expertise and Experience – 50 Points iii. Bonus Points – 20 25 Point Maximum 1. Inclusion of Cultural Amenities – 5 Points a. Application: Providing cultural amenities that are open to the public, including performance spaces, galleries, movie theaters, museums, art centers, etc. 2. Total Rental Units Above 200 – 5 Points a. Application: Inclusion of residential rental units that exceeds the minimum threshold of 200 units across the three siteswithin a single development proposal, which may occur within one or more sites. 3. Contributions to Build Out and/or Management of Park / Open Space – 5 Points a. Application: Committing to completing portions of the park that are not currently included, such as the South Bluff Walk. 4. Meet green Commitment to Green and wellness Wellness certification Certification standards Standards – 5 Pointsand/or introduces sustainability initiatives – 5 Points a. Application: Meeting WELL Silver, LEED Silver, or other equivalent green building certification standards. and/or implementing sustainability initiatives, as defined by the developer or development team. 5. Introduction ofes sAdditional Sustainability iInitiatives – 5 Points City of Clearwater Downtown Clearwater Development Opportunities RFP │ 36 a. Application: Implementing additional sustainability initiatives beyond the specifications of the categories above, as defined by the developer or development team. 2. Step 2: Financial Criteria – 100 Points Financial Feasibility. Includes the feasibility of the financial plan and assumptions, and the ability to secure financing. • Financial Feasibility Maximum Points – 40 60 Points Financial Offer. The financial offer will be evaluated based on the present value of payments to the City/CRA, utilization of incentives, and fiscal impact. The proposal with the most accretive price defined as the present value of proposed payments will receive a maximum score of 40 points for the price criterion and all other proposals will receive scores that are lower in proportion to the difference in the present value of proposed payments. • Financial Offer Maximum Points – 60 40 Points 3. Selection & Finalization: Staff will interview and recommend applicants to present to City Council and advise Council on applicants to authorize negotiations with. Staff will then negotiate with approved applicants and prepare a term sheet and development agreement for consideration. Council will adopt a development agreement contingent upon referendum results. 3. City of Clearwater Downtown Clearwater Development Opportunities RFP │ 37 EVALUATION CRITERIA – POINTS BREAKDOWN NON-FINANCIAL CRITERIA Project Understanding and Concept • Development Program & Integration between sites and within Imagine Clearwater context • Delivery of Large Scale, Urban, Mixed-Use Project • Public Partnership Approach • Zoning and Legal Compliance Approach 50 Points Organization Expertise & Experience • Team Completeness and Structure • Individual Expertise 50 Points Bonus Points (5 Points Max Ea.) • Cultural Amenities • Total Rental Units Above 200 • Contributions to Build Out of Park / Open Space • Environmental and Green and Wellness Standards • Sustainability Initiatives 20 25 Points City of Clearwater Downtown Clearwater Development Opportunities RFP │ 38 Non-Financial Maximum Points 120 125 Points FINANCIAL CRITERIA Financial Feasibility • Feasibility of Financial Plan and Assumptions • Ability to Secure Debt and Equity Financing 40 60 Points Financial Offer 60 40 Points Financial Maximum Points 100 Points Total Points 220 225 Points City of Clearwater Downtown Clearwater Development Opportunities RFP │ 39 VIII. Selection Schedule & Contact The City and CRA’s anticipated timeline for the selection process is outlined below. Dates referring to the referendum and future stages of the procurement process (selection of development partners) are tentative and subject to change. Milestone Target Date* Timeframe RFP Issued Monday, January 11 Pre-Bid Conference Friday, February 5 Deadline for submitting questions Wednesday, February 3 Deadline for posting answers to questions Friday, February 12 RFP Responses Due FridayMonday, March April 512 90 days after RFP issuance Evaluation of Proposals March 8April 12 – April 2May 10 4-Week Period Interviews April 5May 17 – April May 1624 4-6 Weeks Post Due Date Preferred Partner Identified May June 2021 86-10 8 Weeks Post Due Date Deal Terms Finalized Fall 2021 6-8 Week Period Post Partner Selection Referendum Questions Prepared and Finalized August 2021 4 Week Period Referendum Information Campaign Aug - Nov 2021 12-16 Week Period Referendum Date March 2022 *Anticipated date subject to change City of Clearwater Downtown Clearwater Development Opportunities RFP │ 40 Appendix 1: Imagine Clearwater Schematic Concept Plan VII. Evaluation Criteria SELECTION PROCESS The City and The CRA will evaluate respondents' submissions in accordance with the requirements of this RFP as well as any interviews, references, or other supplemental information provided. The Selection Process will include: 1. Submission Review. Submissions will be reviewed by the City and CRA to determine whether the proposal fulfills all submission requirements and meets the minimum threshold requirements listed below. a. Non -Financial Aspects Review. If the proposal is approved, the non-financial aspects will be reviewed with a maximum score of 125 points. Only proposals scoring a minimum of 75 points within the non-financial aspects' category will be approved for further consideration. b. Financial Aspects Review. Proposals will be evaluated based on the price offer as well as the feasibility of the financial plan supporting the offer, with a maximum of 100 points. c. Final Consideration. The City and CRA will evaluate the Non -Financial Aspects and Financial Aspects categories together to select the best proposal(s). 2. Invitation to Interview. Respondents selected by the City and CRA as a result of the Submission Review may be invited to interview, in which respondents will have the opportunity to present their concept, approach to partnerships, timeline, development team, and financial plan to the City and CRA. 3. Final Decision. The City and CRA will evaluate all comprehensive information to make a final recommendation to City Council for a preferred developer. All respondents will be notified in writing of the final decision. MINIMUM THRESHOLD REQUIREMENTS The City and CRA will review all submissions based on quality, completeness, and compliance with the submission requirements and project goals outlined within this RFP. In addition, The City and CRA will only advance proposals that meet the minimum criteria listed below: Housing. The inclusion of rental and/or condo housing product in the sites, in light of the City and CRA's target to deliver a minimum target of 150 rental units across the three sites. Active ground floors. Active ground floors that support a vibrant public realm, such as retail, civic, and cultural uses, in order to increase vibrancy and economic activity in Downtown Clearwater. Downtown Design Guidelines. 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 materials that enhance the attractiveness of Downtown Clearwater's built environment. Financial offer. The proposal provides a financial offer in the form of a fee simple purchase and/or ground lease for each of the sites considered in the proposal. EVALUATION CRITERIA The City and CRA will only evaluate respondent proposals deemed to be complete and deemed to fulfill the minimum threshold requirements using the scoring described below. The evaluation will be a two-step process in which a minimum threshold of points for non-financial aspects (Step 1) must be achieved to move on to the financial evaluation. Eligible bonus points will also be applied in Step 1 as part of the non-financial evaluation. Proposals that meet the minimum threshold in Step 1 will advance to the evaluation of financial criteria proposed (Step 2) with the scores in both steps being cumulative. City Council will only review proposals that meet the criteria to move into Step 2, with City/CRA staff managing the process as outlined below. The Evaluation Process will include: 1. Step 1: Non -Financial Criteria & Bonus Points — 125 Points Non -Financial Criteria includes the following categories: Project Understanding and Concept, Organization Expertise and Experience, and Bonuses, each of which has associated point thresholds. Maximum Points — 125 Points. Minimum points to advance to Step 2: Financial Evaluation —75 Points. a. Category Breakdown: i. Project Understanding and Concept — 50 Points ii. Organization Expertise and Experience — 50 Points iii. Bonus Points — 25 Point Maximum 1. Inclusion of Cultural Amenities — 5 Points a. Application: Providing cultural amenities that are open to the public, including performance spaces, galleries, movie theaters, museums, art centers, etc. 2. Total Rental Units Above 200 — 5 Points a. Application: Inclusion of residential rental units that exceeds the minimum threshold of 200 units within a single development proposal, which may occur within one or more sites. 3. Contributions to Build Out and/or Management of Park / Open Space — 5 Points a. Application: Committing to completing portions of the park that are not currently included, such as the South Bluff Walk. 4. Commitment to Green and Wellness Certification Standards — 5 Points a. Application: Meeting WELL Silver, LEED Silver, or other equivalent green building certification standards. 5. Introduction of Additional Sustainability Initiatives — 5 Points a. Application: Implementing additional sustainability initiatives beyond the specifications of the categories above, as defined by the developer or development team. i. materials reuse ii. sustainable design iii. consistency with or certification to established standards iv. infrastructure efficiencies v. stormwater treatment vi. potable water efficiencies 2. Step 2: Financial Criteria —100 Points Financial Feasibility. Includes the feasibility of the financial plan and assumptions, and the ability to secure financing. Financial Feasibility Maximum Points — 60 Points Financial Offer. The financial offer will be evaluated based on the present value of payments to the City/CRA, utilization of incentives, and fiscal impact. The proposal with the most accretive price defined as the present value of proposed payments will receive a maximum score of 40 points for the price criterion and all other proposals will receive scores that are lower in proportion to the difference in the present value of proposed payments. Financial Offer Maximum Points — 40 Points 3. Selection & Finalization: Staff will interview and recommend applicants to present to City Council and advise Council on applicants to authorize negotiations with. Staff will then negotiate with approved applicants and prepare a term sheet and development agreement for consideration. Council will adopt a development agreement contingent upon referendum results. EVALUATION CRITERIA — POINTS BREAKDOWN NON-FINANCIAL CRITERIA Project Understanding and Concept Development Program & Integration between sites and within Imagine Clearwater context Delivery of Large Scale, Urban, Mixed -Use Project Public Partnership Approach Zoning and Legal Compliance Approach Organization Expertise & Experience Team Completeness and Structure Individual Expertise 50 Points 50 Points Bonus Points (5 Points Max Ea.) Cultural Amenities Total Rental Units Above 200 Contributions to Build Out of Park / Open Space Green and Wellness Standards Sustainability Initiatives 25 Points Non -Financial Maximum Points 125 Points FINANCIAL CRITERIA Financial Feasibility Feasibility of Financial Plan and Assumptions Ability to Secure Debt and Equity Financing Financial Offer 60 Points 40 Points Financial Maximum Points 100 Points Total Points 225 Points Name: Address: H c l yard S City: C Zip: 3 5,7) `7 Telephone Number: C71-1- 00 ON Email Address: r SM lfi6-7:k-1( V ,;i tt - Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: What is your position on the item? For ..•'S Against INDIVIDUAL SPEAKER Citizen Comment Card