05/17/2021Monday, May 17, 2021
8:00 AM
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Main Library - Council Chambers
Community Redevelopment Agency
Meeting Agenda
May 17, 2021Community Redevelopment Agency Meeting Agenda
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 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
ClearwaterCRA@myclearwater.com. All comments received by 5 p.m. the day before the meeting
(May 16) will become part of the official record. The City Clerk will read received comments into the
record.
3)Council Chambers - Additionally, like any other council meeting, the public may provide public
comment at the Main Library, Council Chambers, 100 N Osceola Avenue. Due to COVID-19, all
speakers desiring to appear in person will be subject to all applicable emergency measures in place to
prevent the further spread of COVID-19. Speakers who appear in person will be subject to screening
for symptoms of COVID-19. Any persons exhibiting any symptoms of COVID-19 will not be permitted to
enter council chambers but will be able to participate through the remote options described above.
Individuals with disabilities who need reasonable accommodations to effectively participate in this
meeting are asked to contact the City Clerk at (727)562-4092 or rosemarie.call@myclearwater.com in
advance.
1. Call To Order
2. Approval of Minutes
2.1 Approve the April 12, 2021 CRA Meeting Minutes as submitted in written
summation by the City Clerk.
3. Citizens to be Heard Regarding Items Not on the Agenda
4. New Business Items
4.1 Approve a program budget of $500,000 for the purposes of establishing a
three-year arts exhibition, gallery space and programming with the Clyde
Butcher Gallery featuring the work of internationally renowned photographer,
Clyde Butcher, and authorize the appropriate officials to execute same.
4.2 Approve the transfer of Community Redevelopment Agency tax increment
financing (TIF) funds to City of Clearwater construction projects for Wayfinding,
Cleveland Streetscape Phase III, and the Mercado public plaza and authorize
the appropriate official to execute same.
Page 2 City of Clearwater Printed on 5/11/2021
May 17, 2021Community Redevelopment Agency Meeting Agenda
4.3 Approve an Amendment to Agreement between the Community Redevelopment
Agency and Amplify Clearwater, a Florida non-profit corporation, to produce and
manage Downtown Clearwater events through Dec. 31, 2021 and authorize the
appropriate officials to execute same.
4.4 Approve a Contract for Purchase of Real Property located at 701 Franklin Street
between the Community Redevelopment Agency of the City of Clearwater
(CRA) and the City of Clearwater (City) for a purchase price of $525,000, and
authorize the appropriate officials to execute same, together with all other
instruments required to affect closing.
4.5 Authorize the CRA Executive Director to prepare an agreement for the
development and sale of the property at 115 South Martin Luther King, Jr.
Avenue and the adjoining vacant lot for the purposes identified in RFP/Q 25-21.
4.6 Authorize the Community Redevelopment Agency (CRA) Director to prepare a
Loan to Grant Agreement with 527-531 Cleveland Street, LLC, in an amount not
to exceed $500,000, for building improvements to implement the CRA Vacancy
Reduction Grant Program (Part A) and authorize the appropriate officials to
execute same.
5. Director's Report
6. Adjourn
Page 3 City of Clearwater Printed on 5/11/2021
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-8591
Agenda Date: 5/17/2021 Status: Agenda ReadyVersion: 1
File Type: MinutesIn Control: Community Redevelopment Agency
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
Approve the April 12, 2021 CRA Meeting Minutes 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 5/11/2021
Community Redevelopment Agency Meeting Minutes April 12, 2021
Page 1
City of Clearwater
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Monday, April 12, 2021
8:00 AM
Main Library - Council Chambers
Community Redevelopment Agency
Draft
Community Redevelopment Agency Meeting Minutes April 12, 2021
Page 2
City of Clearwater
Rollcall
Present 5 - Chair Frank Hibbard, Trustee David Allbritton, Trustee Hoyt Hamilton,
Trustee Kathleen Beckman, and Trustee Mark Bunker
Also Present: William B. Horne II – City Manager, Micah Maxwell – Assistant City
Manager, Michael Delk – Assistant City Manager, Pamela K. Akin -
City Attorney, Rosemarie Call – City Clerk, Nicole Sprague – Deputy
City Clerk, and Amanda Thompson – CRA Executive Director
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
Unapproved 1. Call to Order – Chair Hibbard
The meeting was called to order at 8:00 a.m. 2. Approval of Minutes
2.1 Approve the March 15, 2021 CRA Meeting Minutes as submitted in written summation by
the City Clerk.
Trustee Allbritton moved to approve the March 15, 2021 CRA
Meeting Minutes as submitted in written summation by the City
Clerk. The motion was duly seconded and carried unanimously.
3. Citizens to be Heard Regarding Items Not on the Agenda – None. 4. New Business Items
4.1 Confirm the City Manager’s appointment of Michael Delk as the Interim CRA Executive
Director.
CRA Executive Director Amanda Thompson will be on maternity leave from May
7, 2021 through July 30, 2021. The Community Redevelopment Agency (CRA)
rules require the Board to confirm the appointment of the CRA Executive
Director. City Manager Bill Horne is requesting that the CRA confirm Assistant
City Manager Michael Delk as the Interim Executive Director until Ms.
Thompson returns from maternity leave.
Trustee Beckman moved to confirm the City Manager’s
appointment of Michael Delk as the Interim CRA Executive
Director. The motion was duly seconded and carried
unanimously.
Draft
Community Redevelopment Agency Meeting Minutes April 12, 2021
Page 3
City of Clearwater
4.2 Approve an agreement for the sale and development of the property located at 306 South
Washington to Southport, LLC for the purposes identified in Request for Proposals (RFP)
53-20 and authorize the appropriate officials to execute same.
The purpose of this item is to approve a development agreement between the
Community Redevelopment Agency (CRA) and SP Clearwater WFH, LLC to
redevelop the CRA-owned property at 306 South Washington Avenue for the
purposes identified in RFP 53-20.
Background
The Community Redevelopment Agency issued RFP 53-20 for the
redevelopment of its site at 306 South Washington on August 17, 2020. The
request called for a mixed-use or apartment development with a focus on
workforce and market rate housing, the opportunity for shared parking to serve
surrounding restaurant/retail businesses, construction to begin in 2021 and
ample outdoor amenity space. There is currently a lack of supply of rental
housing for employees in the technology industry downtown, at Morton Plant
Hospital and on Clearwater Beach who earn 80% or higher of the area median
income (AMI). Building shared parking on the South Washington site is key to
preserving existing greenspace on the CRA-owned property nearby on Pierce
Street as well as supporting commercial uses on the ground floors of APEX
1100 and The Nolen apartment buildings.
The CRA received responses from the Housing Trust Group, LLC and SP
Clearwater WFH LLC. The projects were ranked on Developers Experience and
Qualifications, Legal and Financial Feasibility, Ability to Meet Redevelopment
Objectives, and Proposed Timeline for Construction. While both applicants
have significant experience with affordable housing and presented attractive
architectural proposals, SP Clearwater WFH scored higher for the following
reasons:
- More detailed proposal including construction cost estimates and ability
to begin construction in 2021,
- Ability to source local financing, not dependent on the state 9% and 4%
tax credit program,
- The provision of workforce rental housing above 80% AMI,
- Long term affordability through a partnership with the Pinellas County
Land Trust, and
- Significant research into the market and financial feasibility of the
project.
On October 12, 2020, the CRA Trustees selected SP Clearwater WFH, LLC as
the winning bidder and authorized the CRA Director to prepare a development
agreement. Draft
Community Redevelopment Agency Meeting Minutes April 12, 2021
Page 4
City of Clearwater
Current Status
In the past four months, the developer has obtained approval for grant funding
from Pinellas County, filed with the City for site plan approval and for six
additional units from the public amenities pool, confirmed construction cost
estimates and completed environmental site analysis. The next step is to adopt
a development agreement which will allow all for parties involved to prepare for
closing and sale of the property.
Proposed Project
The project is a 171-unit mixed income apartment development, a minimum of
260-space parking garage with tenant amenities including a pool, dog walking
area, two playgrounds, exercise room and community room. There is a mixture
of 1-bedroom (725 sq. ft.) units and 2-bedroom (925 sq. ft.) units. There will be
18 affordable units at 80% of AMI, 49 units at 100% of AMI and 104 affordable
units at 120% of AMI. The building will include high efficiency HVAC, Energy Star
rated windows, low flow toilets and sound deadening construction. The parking
area will include a dedicated Uber/Lyft area to support car sharing services as
well as ample bicycle parking. There will be 40 public parking spaces operated
by the apartment management company that will be available to the public for a
minimal charge. The overall project cost is approximately $38,436,995. We
expect this number to increase due to a rise in lumber costs and potential
environmental remediation, however the CRA contribution currently is remaining
the same. Any additional requests for financial support from the CRA would
occur outside of this development agreement.
The proposed development agreement is conditioned on the construction of
plans substantially similar to those submitted with the original application and
the following CRA incentives:
- The sale of the site to the Pinellas County Land Trust for $3,420,000 and
reinvestment of those funds back into the project
- The provision of an $800,000 grant towards the project in exchange for
public parking
- Support an application before the Community Development Board to
receive 6 housing units from the density pool
The applicant is requesting the following funding from the City (which is a
separate action from the CRA development agreement):
- $880,000 HOME loan
Sale of the property, or closing, is anticipated to occur in early September 2021.
The proposed agreement requires the following conditions to be met prior to
closing:
• Approval for the $880,000 HOME loan from the City
• Final zoning entitlements for the additional 6 units from the density Draft
Community Redevelopment Agency Meeting Minutes April 12, 2021
Page 5
City of Clearwater
pool
• Closing dates and final approvals established for transfer of
ownership to the Pinellas County Land Trust
The proposed project meets the goals outlined in RFP 53-20 derived from the
Principles, Goals and Objectives of the 2018 Clearwater Downtown
Redevelopment Plan to support redevelopment projects that are pedestrian
friendly, incorporate quality urban design and provide a variety of land uses in
downtown, including:
• Policy 12: The City shall make use of Community Development Block
Grant, HOME Investment Partnership Program, State Housing Initiatives
Partnership program, and other federal, state, and county funds for
Downtown infrastructure and increasing affordable housing options.
• Policy 18: The design of all projects in Downtown shall incorporate
pedestrian-scale elements that create and maintain an inviting
pedestrian environment.
• Objective 1F: Allow for a variety of residential densities and housing
types to provide for a range of affordability and mix of incomes
consistent with the Character Districts.
• Objective 1G: Continue to utilize a variety of incentives to encourage
the construction of new residential uses to location Downtown.
• Objective 2M: Create parking as infrastructure through a park once
strategy that utilizes consolidated parking to serve all of Downtown
and reduces the requirement for use by use on-site parking.
This is a catalyst project for this area that would provide new residents to
downtown and parking to support nearby businesses on Cleveland Street.
There are two aspects to this proposal that provide long term housing
affordability. First, the developer proposes that the CRA sell the land to the
Pinellas County Land Trust who will own the underlying land in perpetuity. The
land trust will then provide a 99-year lease to the developer. Second, the rental
rates are set by the AMI established by Pinellas County and cannot increase
more than 1.02% per year. Typically, market rate rental amounts increase more
than 1% per year.
CRA approval of the sale and development of this site to SP Clearwater WFH,
LLC is recommended.
APPROPRIATION CODE AND AMOUNT:
Funds are available in CRA Project Code 3887552 - R2009 Housing - City.
CRA Executive Director Amanda Thompson and Southport Financial
representative Peter Leach provided a PowerPoint presentation and
requested the item be continued to a date uncertain.
In response to questions, Mr. Leach said there is a statewide effort to Draft
Community Redevelopment Agency Meeting Minutes April 12, 2021
Page 6
City of Clearwater
propose legislation that addresses the challenges associated with
affordable housing construction projects with restricted rents. He said the
costs associated with lumber and framing materials have increased since
the bid was awarded, creating a financial challenge that forces the
contractor to work with the architects to change materials and detailed
construction plans. Ms. Thompson said the environmental assessments
were done approximately 15 years ago. Mr. Leach said conditions change
and what may have been acceptable 15 years ago is no longer acceptable
today for banks. The City Clerk said it is too late for new legislation to be
considered during this legislative session. Since the issue is a statewide
concern, the matter can be presented to the Florida League of Cities during
their legislative policy development process. She said the matter may also
be included in the City's 2022 legislative agenda. Ms. Thompson said staff
would like to see the project continue making progress. She said placing the
project on hold has a detrimental effect on the CRA's ability to show
progress. Staff is looking into the possibility of using some of the COVID-19
funds the City expects to receive to offset increased construction costs due
to COVID. She said funding from the new brownfields program can be used
to remediate the site.
Discussion ensued with consensus for staff to pursue a proposal for the
environmental remediation of the site.
Trustee Bunker moved to continue Item 4.2 to a date uncertain.
The motion was duly seconded and carried unanimously.
4.3 Approve the Vacancy Reduction grant program to assist owners with renovating vacant
and underutilized commercial spaces to attract businesses that generate pedestrian foot
traffic, with additional funding available for unique, catalytic uses and authorize the
appropriate officials to execute same.
The Community Redevelopment Agency (CRA) is recommending approval of a
grant program as part of the CRA’s two-year strategy to reduce vacancy and
encourage private investment in downtown. The CRA staff spent 18 months in
conversation with tenants, property owners and other city departments to
understand how to develop partnerships with the community that will fill vacant,
older commercial spaces.
The purpose of the Community Redevelopment Agency (CRA) Vacancy
Reduction grant program is to reduce vacancy in commercial properties by
assisting property owners with funding to renovate vacant spaces for
occupancy by long-term uses that generate pedestrian foot traffic in downtown.
The program’s objectives are as follows: Draft
Community Redevelopment Agency Meeting Minutes April 12, 2021
Page 7
City of Clearwater
• Reduce the number of vacant properties in Downtown
Clearwater by bringing older, vacant properties up to current
building and fire codes to allow occupancy
• Increase the number of commercial spaces suitable to create
new restaurant, retail and cultural destinations in downtown
• Incentivize the attraction of new businesses that generate
pedestrian foot traffic to occupy vacant spaces by reducing the
costs of renovation
There are two parts to this program - Part A funds interior and exterior buildouts
of vacant spaces to attract the following kinds of businesses as defined in the
Downtown Zoning code:
· Retail and restaurant businesses
· Personal Services Industries (e.g., barber and beauty shops,
health spas, dance studios, photography and art studios,
tailoring, and other similar services)
· Galleries, theaters, other cultural and community gathering
spaces
Applications must include a concept site plan, interior and exterior concept
plans, a narrative description of the proposed improvements, description of the
future tenant/use, project timeline, and a scope of work with a minimum of two
quotes from qualified vendors for completing the work. Every project must
include interior improvements. The total project cost is determined by the total
costs of eligible grant expenses. Grant funds can only be used towards eligible
expenses. Matching funds must be used towards eligible expenses. The
maximum grant amount per space is $250,000, which requires a total project
cost of a minimum of $500,000. No more than two spaces/parcels/buildings will
be considered per application. If two buildings are combined for one renovation
project, then the maximum grant amount will be $500,000 for a total project cost
of $1 million.
Part B provides additional funding for renovations and the purchase of specialty
equipment for tenants and/or uses that will serve as a unique destination in
downtown. For example, an award-winning chef or dining concept that would be
new in downtown or a cultural attraction with an established audience. The
applicant will be asked to show evidence of the proposed tenant’s ability to
generate significant visitors. Depending on the type of business/tenant
proposed additional information will be required including, but not limited to, a
narrative description of why the use is destination worthy, the total project costs
and sources of funding, a multi-year pro forma for the business operations and
breakdown of grant expenditures that will stay with the building versus any funds
for specialty equipment.
The maximum grant available for Part B is up to $500,000 per request with a
50% match from the property owner to attract and maintain the unique,
destination use. This is the maximum grant regardless of the number of
spaces/buildings. For Part B, the property owner can match the CRA grant
funds in the following ways any construction costs (including Draft
Community Redevelopment Agency Meeting Minutes April 12, 2021
Page 8
City of Clearwater
labor/materials/permit fees), rent abatement for the tenant, and any Part B
eligible expenditures. Matching funds cannot be counted twice. Any matching
funds used for a Part A grant, cannot be used for Part B grant. CRA grant funds
can only be used towards eligible expenses.
The CRA will require the property owner to commit to a five-year loan to
grant agreement secured through one or more of the following methods:
• A mortgage on the property
• A personal guarantee
• A promissory note
For Part A grants, if a tenant goes out of business in less than five years,
the property owner will have six months to replace the tenant with any
eligible business under this grant program. For Part B grants, if a tenant
goes out of business in less than five years, the property owner will have
nine months to find a similar tenant or will have to seek approval to amend
the grant agreement from the CRA Trustees for another eligible use.
CRA staff recommends establishing a one-year budget of $1 million for this
program with the grant funds split evenly between Part A and Part B. At a
minimum, this amount would provide funding for the buildout of two spaces and
one “catalyst” business.
The proposed grant program balances the legal requirements for the use of
CRA funds, meets the goals of the downtown redevelopment plan and provides
a partnership opportunity for property owners who wish to invest in downtown.
The program would become effective May 1, 2021.
APPROPRIATION CODE AND AMOUNT:
Funds are available in CRA project code 3887552-R2003 ED-City.
CRA Executive Director Amanda Thompson provided a PowerPoint
presentation.
In response to questions, Ms. Thompson said all funds will be provided
on a reimbursement basis; no retroactive funding. Prospective grant
applicants should not pursue any work until they have an executed grant
agreement. Staff will review the receipts, confirm work and reimburse 50%
of the work. She said CRA will reserve 10% of the grant award until the
project is complete. Ms. Thompson said it will be harder to find a
specialty tenant for the catalytic use and will take a longer.
It was suggested that the program be reviewed in six months to
determine effectiveness.
Draft
Community Redevelopment Agency Meeting Minutes April 12, 2021
Page 9
City of Clearwater
Trustee Hamilton moved to approve the Vacancy Reduction grant
program to assist owners with renovating vacant and
underutilized commercial spaces to attract businesses that
generate pedestrian foot traffic, with additional funding available
for unique, catalytic uses and authorize the appropriate officials
to execute same. The motion was duly seconded and carried
unanimously.
In response to questions, Ms. Thompson said pre-COVID, the CRA
established a partnership with Amplify Clearwater, who is working on a
farmer’s market through the special events permit process. Some of the
challenges associated with engaging community members in a farmer’s
market are identifying interested individuals, making sure those
individuals have the skill set to go through the special event process,
and fundraising. CRA does not have the staff capacity to manage and
organize a farmer’s market. She said there is no neighborhood
association to assist with a farmer’s market; Jack Mortimer was running a
Downtown Neighborhood Association but it has not been active since he
stepped away from the role. Ms. Thompson said CRA funds are state
restricted; a little more than half comes from Pinellas County and can
only be spent on capital improvements. The interior improvement
program projects are funded mostly with city funds. 5. Director's Report
CRA Executive Director Amanda Thompson said staff will be presenting
budget approval items in May for the Cleveland Wayfinding Streetscape
Phase 3. Engineering is the project manager. A marketing campaign and
community engagement efforts will begin once the timeline has been
finalized by the awarded bidder. Renderings of the proposed Mercado
Plaza area available on DowntownClearwater.com 6. Adjourn
The meeting adjourned at 9:01 a.m.
Chair
Community Redevelopment Agency
Attest
City Clerk Draft
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#21-9126
Agenda Date: 5/17/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Approve a program budget of $500,000 for the purposes of establishing a three-year arts
exhibition, gallery space and programming with the Clyde Butcher Gallery featuring the work of
internationally renowned photographer, Clyde Butcher, and authorize the appropriate officials to
execute same.
SUMMARY:
The purpose of this item is to request that the CRA Trustees establish a program budget of
$500,000 to allow CRA staff to move forward with developing a three-year signature
placemaking program based on the work of internally renowned photographer, Clyde Butcher.
Building on the success of the “Dreams of Dali” virtual reality exhibit which drew more than
4,600 visitors to downtown over a six-month period, staff is pursing a partnership with another
well-known, accessible artist whose work will draw residents and visitors to downtown. During
the renovation of Coachman Park and the Streetscape Phase III project, it is critical that there is
a place for free, family friendly community engagement programs to take place. Arts exhibitions
are excellent ways to draw visitors who then stay to shop and dine in local businesses. They
are also attractive activities for hot or rainy days during the peak of summer.
Staff has been in communications with the Clyde Butcher gallery since early February and is in
the process of determining a viable location and build out costs to create a gallery space for Mr.
Butcher’s “Everglades” exhibit. There are currently no spaces in downtown that are ready to
operate as a gallery. This exhibit features large scale, black and white photography of the
Everglades National Park. The entire work is rarely seen at one time, in one location due to the
size of the exhibit. It is highly popular and attracts thousands of visitors wherever it is on
display.
The 2018 Downtown Redevelopment Plan (Objective 3F and Policy 15) and the CRA
2021-2023 strategy calls for investment in cultural amenities in a way that reduces vacancy
and provides free, family friendly entertainment options. The proposed program budget will be
used for design and construction costs to create a gallery space, gallery operations
(staffing/utilities/rent), artist fees and marketing/programming costs. Many of these elements
are still in the planning phases and establishing a program budget is the next step to move
forward with negotiating leases and service agreements.
The CRA has until July 1, 2021 to finalize a location for the exhibit before the work will be
Page 1 City of Clearwater Printed on 5/11/2021
File Number: ID#21-9126
released to other locations. If no viable solution can be found to show the work by that date, the
approved funds will be available for other projects. Your approval is recommended.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project 3887552- R2002 Community Engagement
and will be paid over three fiscal years FY20-21, FY21-22 and FY22-23.
Page 2 City of Clearwater Printed on 5/11/2021
|1CITY OF CLEARWATER
Art Gallery Space
CRA Meeting Presentation
May 17, 2021
|2CITY OF CLEARWATER
|3CITY OF CLEARWATER
|4CITY OF CLEARWATER
|5CITY OF CLEARWATER
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#21-9084
Agenda Date: 5/17/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.2
SUBJECT/RECOMMENDATION:
Approve the transfer of Community Redevelopment Agency tax increment financing (TIF) funds
to City of Clearwater construction projects for Wayfinding, Cleveland Streetscape Phase III, and
the Mercado public plaza and authorize the appropriate official to execute same.
SUMMARY:
The purpose of this item is to authorize the use of CRA funds towards the construction costs of
three capital improvement projects identified in the 2018 Downtown Redevelopment plan. The
CRA has reserved funds for the projects for several years as part of the capital improvement
budgeting process. This agenda item will result in a transfer of funding from CRA project funds
to City project funds. A full description of the projects and the approval of the construction
budgets will be considered by City Council at their meeting on May 20, 2021.
Wayfinding
New wayfinding signage will be installed throughout downtown as part of a citywide wayfinding
program. The CRA budgeted a total of $500,000 as a contribution for this program (fiscal years
2018 and 2019) and is now seeking approval to transfer $500,000 of County TIF from CRA
Project code R2006, Infrastructure-County to the City’s Wayfinding project 315-92842 to fund
construction.
Streetscape Phase III and Mercado
This streetscape project will result in a complete renovation of Cleveland Street from Missouri
Avenue to South Highland Avenue including wider sidewalks, bicycle lanes, on-street parking,
and enhanced landscaping. As part of this project, a new public plaza called the “Mercado” will
be constructed at the intersection of Cleveland Street and Gulf to Bay Boulevard. The CRA
Trustees approved the Mercado design in May 2020.
The CRA budgeted $1,000,000 as a contribution for the streetscaping project in fiscal year
2018 and is now seeking approval to transfer $1,000,000 of TIF revenues to the City’s project
315-C2102, Downtown Streetscaping to fund construction.
The CRA budgeted $500,000 in CRA project R2004, Economic Development-County for the
construction of the Mercado. Construction costs for the Mercado have risen by $437,795
bringing the total costs of construction for the Mercado to $937,795. The increased costs will
be included in CRA’s capital funding request for fiscal year 2021/22 to provide the remaining
needed for this contract. Staff is seeking approval to fully fund construction of the Mercado as
part of the city’s streetscaping contract with Gibbs & Register, Inc. This is a significant
improvement and a new public space for the Downtown Gateway that has been in the planning
stages for over a decade. This project will utilize County TIF funds. Your approval to transfer
$937,795 of County TIF from CRA Project code R2004 to the City’s project 315-C2105,
Page 1 City of Clearwater Printed on 5/11/2021
File Number: ID#21-9084
Mercado - Downtown Gateway, is recommended.
APPROPRIATION CODE AND AMOUNT:
3887552-590800-R2006 - $500,000 for Downtown Wayfinding
ENGF180001-TRF-TRNSFR - $1,000,000 for Streetscaping
3887552-590800-R2004 $ 500,000.00 - Gateway Mercado
3887552-590800-R2004 $ 437,795.00 (FY22) - Gateway Mercado
Page 2 City of Clearwater Printed on 5/11/2021
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#21-9123
Agenda Date: 5/17/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.3
SUBJECT/RECOMMENDATION:
Approve an Amendment to Agreement between the Community Redevelopment Agency and
Amplify Clearwater, a Florida non-profit corporation, to produce and manage Downtown
Clearwater events through Dec. 31, 2021 and authorize the appropriate officials to execute
same.
SUMMARY:
In March 2020, the CRA entered into a grant agreement for $40,000 with Amplify Clearwater to
find creative ways to use Downtown Clearwater’s public spaces and engage Clearwater
residents and visitors through ten events of varying size. Due to the COVID-19 pandemic,
events throughout the city of Clearwater have been cancelled or reduced in their size and
scope in 2020 and 2021. Amplify has been unable to fulfill some portions of the work under the
agreement's original terms, signed March 2020, as a result.
The CRA proposes an amendment to its existing agreement with Amplify:
·The event agreement originally spans April 1, 2020 through Sept. 30, 2021. The CRA
and Amplify will extend this events agreement through Dec. 31, 2021.
·Exhibit A of the original agreement details a scope of events including one large-scale
event (1,000+ people). The CRA will remove the requirement for one large-scale event
in 2021 and instead require a small-scale event that falls under the city’s events
permitting requirements and CDC guidelines.
·The final payment for events through this partnership will remain July 1, 2020. Any funds
not spent by Dec. 31, 2021 for events or marketing associated with the original
agreement will be returned to the CRA.
·Amplify’s staff costs associated with events through the partnership total $11,530 as of
March 2021, and Amplify’s total marketing costs associated with events through the
partnership total $1,500. A list of events executed or underway is provided by Amplify
(there are six as of April 2021).
This program meets Objective 1H: Maintain, activate and program parks, plazas and
recreational areas and Objective 3F: Promote the visual and performing arts in the
downtown plan. It aligns with the CRA’s adopted strategy of creating and sharing positive
stories about downtown. This grant will serve to incentivize activity in downtown, helping to
foster a vibrant and active public realm, to create recreation and entertainment
opportunities, to promote the visual and performing arts, and to support the community in
creating a downtown they love.
Page 1 City of Clearwater Printed on 5/11/2021
File Number: ID#21-9123
APPROPRIATION CODE AND AMOUNT:
Funds for this contract are available in professional services 1889311-530100
Page 2 City of Clearwater Printed on 5/11/2021
1
FIRST AMENDMENT TO CLEARWATER COMMUNITY REDEVELOPMENT AGENCY
GRANT FUNDING AGREEMENT
Downtown Event Management
This First Amendment to the Grant Funding Agreement (“Amendment”) is made and entered into
this _______ day of _______________ 2021, between the COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF CLEARWATER, hereinafter the CRA, and AMPLIFY, INC., a Florida
non-profit corporation, hereinafter referred to as Amplify.”
WHEREAS, the CRA and Amplify entered into a Grant Funding Agreement (“Agreement”)
on March 24, 2020 to partially underwrite the management of 2020-2021 seasonal events in
Downtown Clearwater; and
WHEREAS, events throughout Downtown Clearwater have been reduced in size and
scope in 2020 and 2021 because of the COVID-19 pandemic; and
WHEREAS, the CRA and Amplify desire to amend the Agreement.
NOW, THEREFORE, be it resolved:
1. ARTICLE I. TERM is hereby amended as follows:
The term of this agreement shall be for a period of eighteen (18) twenty-one (21) months
commencing on April 1, 2020 and continuing through September 30, 2021 December 31, 2021
(the "Termination Date"), unless earlier terminated or otherwise extended under the terms of this
agreement.
2. ARTICLE III. RESPONSIBILITIES OF THE CRA is hereby amended as follows:
1) GRANT. The CRA agrees to provide funding on a quarterly basis in the amount of $10,000
per quarter beginning on July 1, 2020. Payment will be made within thirty (30) days of
receiving an invoice. The total grant amount shall not exceed $40,000. Payments will be
made to Amplify to fund the costs incurred in providing the activities authorized by this
agreement as provided in Exhibit A hereto. Any funds that Amplify has not spent by
December 31, 2021 for events or marketing associated with the Agreement will be
returned to the CRA by January 30, 2022.
3. EXHIBIT A of the Agreement is hereby amended as follows:
Scope: 10 events per year (see activity every season in downtown)
1 large-scale event (1,000+ people)
o Entails:
Street closure
Regional draw for attendees
Long-term planning
o Ex: Beer festival, food truck festival
4 small-scale events (20-100 people)
o Entails:
No street closure
Public/private space
Smaller draw
o Ex: Yoga in the Park, Movies in the Park, Pub Crawl
2 medium-scale/one-off events (100-1,000 people)
2
o Entails:
Street closure
Public space
Large draw (but targeted promotion)
o Ex: Taste of Clearwater, Biergarden
4 arts events (10-1,000 people)
o Entails:
Street closure
Public/private space
Niche audience
Ongoing promotion (may be experiential with no set event time)
o Ex: Daf & Dream Fashion Show, Art Walk
4. Remainder of the Agreement Unaffected. In all other respects, the remainder of the
Agreement and its exhibits shall remain in full force and effect. Any portion of the Agreement that
is inconsistent with this Amendment is hereby amended to be consistent.
5. Headings. The headings contained in this Amendment are for reference purposes only
and shall not modify or affect this Amendment in any manner whatsoever.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _______ day of
_________________, 2021.
Countersigned: Community Redevelopment Agency
____________________________ ___________________________________
Frank V. Hibbard Amanda Thompson
Chairman Director
Approved as to form: Attest:
____________________________ ___________________________________
Michael Fuino Rosemarie Call
CRA Attorney City Clerk
AMPLIFY, INC.
By: _______________________________
Amanda Payne
President & CEO
March 29, 2021
Amanda Thompson
Clearwater Community Redevelopment Agency
112 S. Osceola Ave.
Clearwater, FL 33756
Dear Amanda,
Thank you for considering amending our agreement so that terms can be met despite current
conditions. Please see below for a recap, proposal of events and suggested changes.
AMPLIFY Clearwater and CRA’s 2020-2021 Partnership Recap:
Money disbursed:
• $20,000 (to date) for event planning, staff time, etc.,
• $10,000 for marketing of events
Additional $10,000 to be disbursed July 1, 2021
Events executed or currently underway:
• 2020 Chalktober Fest
• 2020 Holiday Chalk Extravaganza
• Farmer’s Market in Station Square
• Small Business Event/Week
• Market Marie
• Clearwater Arts Alliance Art Walk
Total staff costs associated with above events as of 3/25/21: $11,530
Total marketing costs associated with above events as of 3/25/21: $1,500
Due to COVID19 and restrictions imposed by local governments, we have been unable to fulfill the terms
of our contract as originally agreed upon. AMPLIFY Clearwater proposes the following to ensure that
that the original goal of bringing activity to downtown Clearwater remains intact despite current
conditions:
AMPLIFY will sponsor and host the following events downtown:
• 2021 Gobble Wobble
• 2021 Chalktober Fest
• Outdoor evening reception/event
• Morning coffee/mingle in Station Square
The list above is a list of events AMPLIFY Clearwater will host/produce to meet the minimum of 10
events as outlined in the contract. AMPLIFY will continue to serve in current capacity for outside parties
interested in the event/application process.
The following changes will need to be made to the contract in order to execute what is outlined above:
Removal of event size requirements.
Extending the end date of the contract to 12/31/2021
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#21-9124
Agenda Date: 5/17/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.4
SUBJECT/RECOMMENDATION:
Approve a Contract for Purchase of Real Property located at 701 Franklin Street between the
Community Redevelopment Agency of the City of Clearwater (CRA) and the City of Clearwater
(City) for a purchase price of $525,000, and authorize the appropriate officials to execute same,
together with all other instruments required to affect closing.
SUMMARY:
On April 7, 2021, the CRA published notice of RFP 34-21 in the Tampa Bay Times advertising
its intention to dispose the real property located at 701 Franklin Street (“the Property”) and
invited proposals to redevelop or rehabilitate the Property as an intermodal facility.
The full Purchase Price has been reached through mutual agreement of the City of Clearwater
City Council and the CRA Board of Trustees based on the CRA’s $525,000.00 acquisition cost
of the Property in August 2019.
Other notable terms:
-The City will have up to 60 days to conduct due diligence.
-Closing will occur within 120 days of the effective date but may close sooner.
APPROPRIATION CODE AND AMOUNT:
N/A
Page 1 City of Clearwater Printed on 5/11/2021
Procurement Division 100 S Myrtle Ave
Clearwater FL 33756-5520
PO Box 4748, 33758-4748 727-562-4633 Tel
v 11.2018
REQUEST FOR PROPOSALS and QUALIFICATIONS
#34-21
Development as an Intermodal Facility with Mixed-Use Capacity at
701 Franklin Street, 704 Court Street and 710 Court Street Sites
April 7, 2021
NOTICE IS HEREBY GIVEN that sealed proposals and qualifications will be received by the City of
Clearwater (City) until 10:00 AM, Local Time, May 7, 2021 to provide Development as an Intermodal
Facility with mixed-use capacity at the 701 Franklin Street, 704 Court Street, and 710 Court Street
Sites. The City and the Community Redevelopment Agency (CRA) intend to dispose of these properties
no earlier than 30 days from the date of publication of this notice.
Brief Description: The purpose of this Request for Proposals and Qualifications (RFP/Q) is to select a
qualified applicant for the acquisition (purchase or lease with option to purchase) and development of the
CRA-owned property located at 701 Franklin Street and the two (2) adjoining City-owned vacant lots,
commonly referred to as 704 Court Street and 710 Court Street, as an Intermodal Facility with mixed use
capacity. The properties combined are approximately a 1.63-acre site located in Downtown Clearwater’s
Downtown Core District. Interested applicants must have proven experience, financial resources, and
professional expertise in developing such sites.
Proposals and qualifications 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/Qualification 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
701 Franklin St, 704 Court St and 710 Court St Site Dev. 2 RFP/Q #34-21
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: May 7, 2021
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: 180 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
INSTRUCTIONS
701 Franklin St, 704 Court St and 710 Court St Site Dev. 3 RFP/Q #34-21
may be necessary to reimburse the City for loss sustained by reason of such breach. The
balance of said security, if any, will be returned to Contractor upon the expiration or termination of
the contract.
i.7 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, the Community Redevelopment Agency of
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,
INSTRUCTIONS
701 Franklin St, 704 Court St and 710 Court St Site Dev. 4 RFP/Q #34-21
or printed form and signed by an authorized representative. Please line through and initial rather
than erase changes. If the proposal is not properly signed or if any changes are not initialed, it
may be considered non-responsive. In the event of a disparity between the unit price and the
extended price, the unit price shall prevail unless obviously in error, as determined by the City.
The City may require that an electronic copy of the proposal be submitted. The proposal must
provide all information requested and must address all points. The City does not encourage
exceptions. The City is not required to grant exceptions and depending on the exception, the City
may reject the proposal.
i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the
specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other
products will be considered upon showing the other product meets stated specifications and is
equivalent to the brand product in terms of quality, performance and desired characteristics.
Minor differences that do not affect the suitability of the supply or service for the City’s needs may
be accepted. Burden of proof that the product meets the minimum standards or is equal to the
brand name product is on the proposer. The City reserves the right to reject proposals that the
City deems unacceptable.
i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the
proposal received by the City prior to the scheduled opening time will be accepted and will be
corrected after opening. No oral requests will be allowed. Requests must be addressed and
labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL
of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of
undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the
bid opening shall be allowed solely at the City’s discretion.
i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred,
suspended, or otherwise lawfully precluded from participating in any public procurement activity,
including being disapproved as a subcontractor with any federal, state, or local government, or if
any such preclusion from participation from any public procurement activity is currently pending,
the proposer shall include a letter with its proposal identifying the name and address of the
governmental unit, the effective date of this suspension or debarment, the duration of the
suspension or debarment, and the relevant circumstances relating to the suspension or
debarment. If suspension or debarment is currently pending, a detailed description of all relevant
circumstances including the details enumerated above must be provided. A proposal from a
proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public
procurement activity may be rejected.
i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to
rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced
proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon
another event; to reject individual proposals for failure to meet any requirement; to award by item,
part or portion of an item, group of items, or total; to make multiple awards; to waive minor
irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek
clarification of the proposal from proposer at any time, and failure to respond is cause for
rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent
contract. The City is responsible to make an award that is in the best interest of the City. All
decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s
discretion and made to favor the City. No binding contract will exist between the proposer and
the City until the City executes a written contract or purchase order.
i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a
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
INSTRUCTIONS
701 Franklin St, 704 Court St and 710 Court St Site Dev. 5 RFP/Q #34-21
proposal, including without limitation any documents and/or materials copyrighted by the
proposer. The City’s right to copy shall be for internal use in evaluating the proposal.
i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality,
integrity, service, professionalism, economy, and government by law in the Procurement process.
The responsibility for implementing this policy rests with each individual who participates in the
Procurement process, including Respondents and Contractors.
To achieve this purpose, it is essential that Respondents and Contractors doing business with the
City also observe the ethical standards prescribed herein. It shall be a breach of ethical
standards to:
a. Exert any effort to influence any City employee or agent to breach the standards of ethical
conduct.
b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials
or Services not provided.
c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply
with any term, condition, specification or other requirement of a City Contract.
i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or
prospective proposers and affiliates. The City may request product samples from vendors for
product evaluation.
i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect
in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected
proposal is not in the City’s best interests, the Respondent may submit a written protest. All
protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures
Section 18 (“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the
Purchasing Policy, the language of the Purchasing Policy controls.
Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent
before the bid opening must be filed with the 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
701 Franklin St, 704 Court St and 710 Court St Site Dev. 6 RFP/Q #34-21
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 22-23) Points
Developer/Operator Experience and Qualifications (Tab 2) 30
Legal and Financial Feasibility - Developer and Project (Tab 3) 30
Development Concept: Ability to Meet Redevelopment Objectives (Tab 4) 30
Proposed Timeline for Construction (Tab 5) 10
i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest ranked
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 location for these presentations and/or interviews will be determined by the City
and may be held virtually.
INSTRUCTIONS – EVALUATION
701 Franklin St, 704 Court St and 710 Court St Site Dev. 7 RFP/Q #34-21
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: April 7, 2021
Advertise Tampa Bay Times: April 7, 2021
Responses due: May 7, 2021
CRA Trustees and City Council authorization to begin negotiations: (CRA) May 17, 2021 and
(City) May 20, 2021
CRA Trustees and City Council approve Development Agreement and Designate Closing Date:
June-July 2021
i.31 CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY BOARD.
Frank Hibbard, Mayor and CRA Chair
Mark Bunker, City Councilmember and CRA Trustee
Kathleen Beckman, City Councilmember and CRA Trustee
David Allbritton, City Councilmember and CRA Trustee
Hoyt Hamilton, City Councilmember and CRA Trustee
TERMS AND CONDITIONS
701 Franklin St, 704 Court St and 710 Court St Site Dev. 8 RFP/Q #34-21
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
701 Franklin St, 704 Court St and 710 Court St Site Dev. 9 RFP/Q #34-21
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
701 Franklin St, 704 Court St and 710 Court St Site Dev. 10 RFP/Q #34-21
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
701 Franklin St, 704 Court St and 710 Court St Site Dev. 11 RFP/Q #34-21
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
TERMS AND CONDITIONS
701 Franklin St, 704 Court St and 710 Court St Site Dev. 12 RFP/Q #34-21
current background check policies. Any officer, employee, or agent that fails the background
check must be replaced immediately for any reasonable cause not prohibited by law.
S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will
have final authority, based on security reasons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual
or entity may provide services under this Agreement. If the City objects to any Contractor
personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from
the City, remove any such individual from performance of services under this Agreement.
S.17 DEFAULT.
a. A party will be in default if that party:
(i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership
proceeding, makes an assignment for a creditor, or there is any similar action that affects
Contractor’s capability to perform under the Agreement;
(ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60)
calendar days;
(iii) Conducts business in an unethical manner or in an illegal manner; or
(iv) Fails to carry out any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with Section 27 of the City’s Purchasing
and Procedures Manual.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may,
at its option and at any time, provide written notice to the defaulting party of the default. The
defaulting party will have thirty (30) days from receipt of the notice to cure the default; the
thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure
period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is
reasonably calculated to provide notice of the nature and extent of such default. Failure of
the non-defaulting party to provide notice of the default does not waive any rights under the
Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor’s intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no
written assurance is given within five (5) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement.
S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market,
complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess
cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid
balance due to Contractor; (iii) collection against the proposal and/or performance security, if
any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the
aforementioned remedies or other remedies as provided by law. Costs includes any and all,
fees, and expenses incurred in obtaining substitute services and expended in obtaining
reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and
costs.
TERMS AND CONDITIONS
701 Franklin St, 704 Court St and 710 Court St Site Dev. 13 RFP/Q #34-21
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
TERMS AND CONDITIONS
701 Franklin St, 704 Court St and 710 Court St Site Dev. 14 RFP/Q #34-21
warranty. If any materials or services are of a substandard or unsatisfactory manner as
determined by the City, Contractor, at no additional charge to the City, will provide materials or
redo such services until in accordance with this Agreement and to the City’s reasonable
satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City’s right to recover against third parties for any loss, destruction, or damage to
City property, and will at the City’s request and expense, furnish to the City reasonable
assistance and cooperation, including assistance in the prosecution or defense of suit and the
execution of instruments of assignment in favor of the City in obtaining recovery.
S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to
deliver any specific amount of materials or services or any materials or services at all under this
Agreement and acknowledges and agrees that the materials or services will be requested by the
City on an as needed basis at the sole discretion of the City. Any document referencing
quantities or performance frequencies represent the City's best estimate of current requirements,
but will not bind the City to purchase, accept, or pay for materials or services which exceed its
actual needs.
S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports, test plans, and survey results, graphics, and technical tables, originally
prepared in the performance of this Agreement, are the property of the City and will not be used
or released by Contractor or any other person except with prior written permission by the City.
S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or
publicity without obtaining the prior written consent of the City.
S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former
public officer or employee within the last two (2) years shall not represent another organization
before the City on any matter for which the officer or employee was directly concerned and
personally participated in during their service or employment or over which they had a substantial
or material administrative discretion.
S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB
destination freight prepaid and allowed unless otherwise agreed.
S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or
equipment incidental to providing these services and such loss, injury, or destruction will not
release Contractor from any obligation hereunder.
S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real
property or damage or loss of City personal property when such property is the responsibility of or
in the custody of Contractor or its employees.
S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
without limitation, at its expense defend the City against all claims asserted by any person that
anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual
property right and must, without limitation, pay the costs, damages and attorneys' fees awarded
against the City in any such action, or pay any settlement of such action or claim. Each party
agrees to notify the other promptly of any matters to which this provision may apply and to
cooperate with each other in connection with such defense or settlement. If a preliminary or final
TERMS AND CONDITIONS
701 Franklin St, 704 Court St and 710 Court St Site Dev. 15 RFP/Q #34-21
judgment is obtained against the City’s use or operation of the items provided by Contractor
hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its
expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b)
procure for the City the right to continue to use the item; (c) substitute for the infringing item other
item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price
paid, less reasonable usage, from the time of installation acceptance through cessation of use,
which amount will be calculated on a useful life not less than five (5) years, plus any additional
costs the City may incur to acquire substitute supplies or services.
S.37 CONTRACT ADMINISTRATION. The contract will be administered by the 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.
TERMS AND CONDITIONS
701 Franklin St, 704 Court St and 710 Court St Site Dev. 16 RFP/Q #34-21
S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement, completion, termination, or other expiration of this Agreement will not release any
party from any liability or obligation arising prior to the date of termination.
DETAILED SPECIFICATIONS
701 Franklin St, 704 Court St and 710 Court St Site Dev. 17 RFP/Q #34-21
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 nearly
118,017 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach
was rated #1 U.S. Beach by TripAdvisor’s Traveler’s Choice Awards in 2018 and 2019 and is
consistently ranked as one of the top beaches in the world. 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 to Winter the Dolphin and the Clearwater Marine Aquarium.
Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin
Tale 2”, both filmed here in Clearwater.
2. PURPOSE. The purpose of this Request for Proposals/Qualifications (RFP/Q) is to select a
qualified applicant for the acquisition and development of the properties located at 701 Franklin
Street, 704 Court Street, and 710 Court Street (Site) as an Intermodal Facility with ground-floor
mixed-use capacity.
The properties combined are approximately a 1.63-acre site located in Downtown Clearwater’s
Downtown Core District, within the Community Redevelopment Area. The Community
Redevelopment Agency (CRA) of the City of Clearwater, Florida and the City of Clearwater (City),
invite applicants to submit proposals and qualifications for the redevelopment of this Site. The
defining features and details of this district can be found in the Downtown Redevelopment Plan
(Plan):
https://www.myclearwater.com/home/showdocument?id=5337
The CRA redevelopment strategy and the redevelopment plan for Downtown Clearwater
emphasizes the creation of an Intermodal Facility at the Site to accommodate local and regional
bus services, trolleys, premium transit, and complementary transportation modes.
Redevelopment proposals that create a mixture of transit and some combination of housing,
office and retail are welcomed. Proposals without transit service will not be considered.
3. SITE BACKGROUND, LOCATION, and OWNERSHIP. The City is situated on the west coast of
Central Florida in the Tampa Bay area and is the county seat for Pinellas County government.
The Site is conveniently located in the Downtown Core District of the CRA, which is part of
Downtown Clearwater, minutes away from Clearwater Beach. The properties have frontage along
the northwest corner of Court Street, Myrtle Avenue and Franklin Street. Site photos are
provided in Exhibit A – Aerial Map.
The CRA purchased the property located at 701 Franklin Street for redevelopment in 2019 after
the City purchased the two (2) adjoining vacant lots in 2011.
There have been several developments in the CRA:
• The construction of Fire Station 45 on Court Street
• The construction of the Marriott Residence Inn on Court Street
• The construction of the Tampa Bay Times office building on Cleveland Street
• The construction of the regional drainage facility and passive park, Prospect Lake Park
• The completion of The Nolen – a mixed use development with 257 apartment units,
24,000sf of commercial space and 300 parking spaces. The Nolen was acquired by NM
Residential in July 2018 for $44.5 million and is over 90% leased.
• The renovation of 1100 APEX – a mixed use development with 134 apartment units,
4,348sf of commercial space and 202 parking spaces at 1100 Cleveland Street.
• The acquisition of a 60+ space surface parking lot at the intersection of Cleveland Street
and S Martin Luther King Jr. Avenue to provide parking for retail customers visiting
nearby businesses.
• The completion of The Madison in Fall of 2019, an 80-unit age and income restricted
development at 400 S Martin Luther King Jr. Avenue.
DETAILED SPECIFICATIONS
701 Franklin St, 704 Court St and 710 Court St Site Dev. 18 RFP/Q #34-21
• Permits have been issued for the development of three (3) new food and drink
establishments on the ground floor of The Nolen.
• The CRA has awarded a development agreement for a 171-unit apartment complex
south at the intersection of S Washington Avenue and S Martin Luther King Jr. Avenue,
south of the Site for this RFP/Q.
• Construction has begun on the Imagine Clearwater Project in Coachman Park – a $64
million-dollar transformation of the downtown waterfront into additional greenspace,
marina facilities, a playground, gardens and entertainment venues. Visit
www.imagineclearwater.com for details.
The City and the CRA intend to dispose of these properties no earlier than thirty (30) days from
the date of publication of this notice. The CRA anticipates that its Trustees will award a winning
bid in Spring 2021 and close as soon as possible thereafter. The City anticipates that its
Councilmembers will follow the same timeline.
The City adopted a new zoning code in 2019. The Site is zoned (D) Downtown. The City has a
Flexible Development Code to encourage design, mixed-use, and massing creativity on infill
projects which can be found under the Community Development Code at:
https://library.municode.com/fl/clearwater/codes/community_development_code
Through the Public Amenities Incentive Pool, a development proposal may attain additional
density and/or floor area ratio (FAR) based on certain amenities provided by the developer,
including but not limited to, significant public space, streetscape improvements, on-site public art,
the inclusion of affordable housing within the development, and mixed-use projects that further
the Plan’s major redevelopment goals and character district vision.
The amount of development potential made available to the project will be based on the type and
scale of amenity provided and not a specific formula. The allocation of additional density/intensity
is made in conjunction with a site plan application reviewed and approved by the Clearwater
Community Development Board at a public hearing.
Any proposed project must comply with the Downtown District and Development Standards,
which require quality architectural and site design, an urban development pattern and the use of
quality materials that enhance the quality of the Downtown Clearwater built environment. The
Downtown District and Development Standards can be found on the City’s website at:
https://www.myclearwater.com/government/city-departments/planning-development/downtown-
plan-update
Development proposals should reflect the growth in this character district as a walkable, urban
environment. The Site has frontage on three (3) streets and the proposal should identify the
primary entrance, but still pay careful attention to the relationship between the building and the
streets on all sides.
4. SITE PURCHASE PRICE. Price is to be negotiated, based upon the overall development
proposal and the economic benefit to the CRA and the City. Per Florida State Statute 163.380,
the CRA will consider fair value in its disposition of property the CRA owns on the Site; the City’s
disposition of its properties is governed by Sect. 2.01(d)(5) of the City’s Charter. The Site
appraisal is provided as Exhibit B – Appraisal.
5. DEVELOPMENT NEGOTIATIONS and INCENTIVES. The Preferred Developer shall enter into
a binding Development Agreement with the City and the CRA, which shall outline the contract
start date, bonding and/or insurance requirements, purchase and disposition of the subject Site,
the underlying project development design parameters agreed to by the CRA and the City, any
incentives agreed upon, and the terms and conditions.
DETAILED SPECIFICATIONS
701 Franklin St, 704 Court St and 710 Court St Site Dev. 19 RFP/Q #34-21
6. QUALIFICATIONS and SELECTION PROCESS. An evaluation committee will review all
submissions according to the evaluation criteria delineated herein and identify Developers that
will be invited to submit more detailed proposals, make presentations, or both. The evaluation
committee will rely upon the responses to this RFP/Q in the selection of finalists and the
Preferred Developer. Therefore, applicants should emphasize information particularly pertinent to
the project and the evaluation criteria when submitting all information they wish the evaluation
committee to consider.
The evaluation committee made up of representatives from the Community Redevelopment
Agency, Legal, and Planning & Development departments, will recommend a Preferred
Developer to the CRA Trustees and the City Council, who will make the final selection. The
recommended Preferred Developer may be required to make a formal presentation to the CRA
Trustees and the City Council, if requested, as part of the selection process. The City will also be
required to follow its real property disposition process contained in Sect. 2.01(d)(5) of the City’s
Charter
The CRA and the City will then enter into exclusive negotiations with the Developer for a
Development Agreement, Purchase Agreement, and any other related transactions.
The selected Developer will be solely responsible for project design, development application
submission and approval, securing required permits, construction of the project and ongoing
project maintenance and operation.
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. Employer’s Liability coverage of $100,000 each employee, each accident, and $100,000
each employee/$500,000 policy limit for disease, and which meets all state and federal laws.
DETAILED SPECIFICATIONS
701 Franklin St, 704 Court St and 710 Court St Site Dev. 20 RFP/Q #34-21
Coverage must be applicable to employees, agents, representatives, and subcontractors, if
any.
e. Property Insurance coverage if the Developer is using its own property or the property of the
CRA or the City in connection with the performance of its obligations under this Agreement,
then Property Insurance on an “All Risks” basis with replacement cost coverage for property
and equipment in the care, custody and control of others is required.
f. Builder’s Risk covering all risks of loss in the complete and full value of the project with no
coinsurance penalty provisions. This insurance shall insure the interests of the CRA, the City,
the Developer, and all subcontractors, if any, in the work and shall insure against special form
causes of loss (all risk perils), including collapse during construction, for replacement cost
(including fees and charges of engineers, architects, attorneys and other professionals). The
Developer shall obtain and maintain similar property insurance on equipment, materials,
supplies and other property and portions of the work stored on or off site or in transit.
Builder’s Risk Insurance shall be endorsed to permit occupancy until such time as the
facilities are completed and accepted by the CRA and the City and written notice of the fact
has been issued by the CRA and the City.
g. Unless waived by the State of Florida and proof of waiver is provided to the CRA and the
City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of
the State of Florida, and Employer’s Liability Insurance in the minimum amount of
$500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five
hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand
dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act,
and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage
must be applicable to employees, contractors, subcontractors, and volunteers, if any.
The above insurance limits may be achieved by a combination of primary and
umbrella/excess liability policies.
Other Insurance Provisions.
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of
the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the
Vendor will furnish the CRA and 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 CRA and 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 CRA or the City, Vendor will
provide the CRA and the City with certified copies of all applicable policies. The address
where such certificates and certified policies shall be sent or delivered is as follows:
City of Clearwater
Attn: Purchasing Department, RFP/Q #34-21
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
DETAILED SPECIFICATIONS
701 Franklin St, 704 Court St and 710 Court St Site Dev. 21 RFP/Q #34-21
Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the CRA and
the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of
Vendor providing its defense as contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of any potential
liability to the City, and City’s failure to request evidence of this insurance shall not be construed
as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’)
obligation to provide the insurance coverage specified.
RESPONSE ELEMENTS
701 Franklin St, 704 Court St and 710 Court St Site Dev. 22 RFP/Q #34-21
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, three (3) 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 CRA and 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 – Narrative and Vision Statement – Letter of Transmittal. A letter of transmittal should
be submitted that iterates the respondents’ vision for the project and site, including how the
envisioned project will relate to the surrounding area and its benefits to the CRA and the City.
TAB 2 – Developer Experience and Qualifications. Provide the following information:
1. Developer information
a. Legal name and principal office address
b. Telephone number and e-mail address(es)
c. Name of agent representing firm and able to negotiate with the CRA and the City
2. Project team
a. Names and qualifications of all team members, legal counsel, architect, financial
institution, contractor (if known)
b. A statement of the relationship between the developer and any parent company or
subsidiaries that might be involved in the development
3. Experience/Qualifications
Identify your experience with developing and maintaining intermodal facilities.
TAB 3 – Legal and Financial Feasibility - Developer and Project. Provide the following
financial information:
1. Financial institution reference contact(s)’ names and contact information.
2. Preliminary financial plan to include:
a. Construction Budget detailing total project cost and proposed source(s) of funding
b. Demonstration of developer’s financial capacity to develop the Site
3. A brief description of the various mixed uses being proposed in addition to the Intermodal
Facility, including price points of proposed lease rates
4. Any incentives desired to improve project feasibility
TAB 4 – Development Concept – Ability to Meet Redevelopment Objectives. Present in both
narrative and, if available, visual form the extent of the development proposal or concept for
the Site. Drawings may be “conceptual” in format but should reflect the scope of the
proposed development. Narrative elements to be addressed include:
a. Height
b. Scale
c. Proposed land uses
d. Sustainability initiatives/objectives
TAB 5 – Proposed Timeline for Construction. Provide the proposed development
schedule/calendar, to include timeline for:
a. Design
b. Review and Permitting
c. Construction
RESPONSE ELEMENTS
701 Franklin St, 704 Court St and 710 Court St Site Dev. 23 RFP/Q #34-21
TAB 6 - Other Forms. The following forms should be completed and signed:
a. Exceptions/Additional Materials/Addenda form
b. Vendor Information form
c. Vendor Certification of Proposal form
d. Scrutinized Companies form(s) as required
e. E-Verify Eligibility form
f. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA
701 Franklin St, 704 Court St and 710 Court St Site Dev. 24 RFP/Q #34-21
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
701 Franklin St, 704 Court St and 710 Court St Site Dev. 25 RFP/Q #34-21
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:
Provide supporting documentation for your certification, if applicable.
VENDOR CERTIFICATION OF PROPOSAL
701 Franklin St, 704 Court St and 710 Court St Site Dev. 26 RFP/Q #34-21
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
701 Franklin St, 704 Court St and 710 Court St Site Dev. 27 RFP/Q #34-21
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
701 Franklin St, 704 Court St and 710 Court St Site Dev. 28 RFP/Q #34-21
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
E-VERIFY ELIGIBILITY FORM
701 Franklin St, 704 Court St and 710 Court St Site Dev. 29 RFP/Q #34-21
VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM
PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER
WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF
ALL NEWLY HIRED EMPLOYEES.
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 Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095.
2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the
work authorization status of newly hired employees.
3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract
registers with and uses the E-Verify system.
4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not
employ, contract with, or subcontract with unauthorized alien.
5. The Contractor must maintain a copy of such affidavit.
6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors
knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c).
7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be
awarded a public contract for at least 1 year after the date on which this Contract was terminated.
8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of
this Contract.
__________________________________________
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
701 Franklin St, 704 Court St and 710 Court St Site Dev. 30 RFP/Q #34-21
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
SEALED PROPOSAL
Submitted by:
Company Name:
Address:
City, State, Zip:
RFP/Q #34-21, 701 Franklin St, 704 Court St and 710
Court St Site Development
Due Date: May 7, 2021, at 10:00 A.M.
City of Clearwater
Attn: Procurement Division
PO Box 4748
Clearwater FL 33758-4748
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
SEALED PROPOSAL
Submitted by:
Company Name:
Address:
City, State, Zip:
RFP/Q #34-21, 701 Franklin St, 704 Court St and 710
Court St Site Development
Due Date: May 7, 2021, 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 ------------------------------------------------
137'300'62'300'185'61'
1 2 3S EAST AVECOURT ST
PIERCE ST S MYRTLE AVE FRANKLIN ST 802700700802652806800804305
213
205
203
211
215
307
AERIAL MAP
Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\Multimodal_Parcels\Multimodal.mxd
Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale:Page: 1 of 13/10/2021Date:Aerial Flown 2019
City / CRA Owned Parcels for Proposed Swap
KNMap Gen By:TMReviewed By:
1) CRA Owned - 15-29-15-54450-011-00102) City Owned - 15-29-15-54450-011-00203) City Owned - 15-29-15-54450-011-0030
1
CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA,
a public body corporate and politic of the State of Florida whose mailing address is P.O. Box 4748,
Clearwater, Florida 33758-4748 (herein "Seller" or “CRA”), and the CITY OF CLEARWATER, FLORIDA,
a municipal corporation whose post office address is P.O. Box 4748, Clearwater, Florida 33758-4748
(herein "Buyer" or “CITY”), (collectively "Parties") hereby agree that the Seller shall sell and Buyer shall
buy the following real property ("Property") upon the following terms and conditions.
1. PROPERTY DESCRIPTION
Commonly referred to as 701 Franklin St. Clearwater, FL
Real Property ID No: 15-29-15-54450-011-0010
as more particularly described in Exhibit “A” (attached hereto and incorporated herein).
PERSONALTY: NONE
2. FULL PURCHASE PRICE ...........................................……………………………….… $525,000.00
3. MANNER OF PAYMENT: Wire in U.S. funds at time of closing
4. PURCHASE PRICE
The full Purchase Price as shown herein has been reached through mutual agreement of the City of
Clearwater City Council and the CRA Board of Trustees and is based on the CRA’s $525,000.00
acquisition cost of the subject 701 Franklin St. property in August 2019.
5. TIME FOR ACCEPTANCE; APPROVALS
Following execution of this contract by Seller, the price, terms and conditions as contained herein shall
remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate
original to City Manager of the City of Clearwater for acceptance and approval, counteroffer, or rejection
by action of the Clearwater City Council ("Council") serving in its capacity as the governing board of
the CITY. If this agreement is accepted and approved by the Council, it will be executed by duly
authorized City officials and delivered to Seller within 10 days thereafter. If a counteroffer is approved by
the Council, it shall be delivered to Seller in writing within 10 days of such action by the City Council, and
Seller shall have 10 days thereafter to deliver to Buyer written notice of acceptance or rejection of such
counteroffer. If written notice of acceptance is not timely delivered, or if the counteroffer is rejected by
Seller, this contract shall thereafter be null and void in all respects. If this contract is rejected by the
Council upon initial presentation to the Council, this contract shall be null and void in all respects and
Seller shall be so informed in writing within 5 days of such action.
[GM21-9311-056/267629/1] 2
6. TITLE
Seller warrants legal capacity to and shall convey marketable title to the Property by Special Warranty
Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise, title shall be
free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes
for the year of closing; covenants, restrictions and public utility easements of record; and no others
provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended
use of the Property.
7. TITLE EVIDENCE
Buyer shall, at Buyer’s expense and within 20 days prior to closing date secure a title insurance
commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or
qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing.
Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications
set forth in this Contract. Marketable title shall be determined according to applicable Title Standards
adopted by The Florida Bar and in accordance with law. Buyer shall have 10 days from receiving
evidence of title to examine it (Title Examination Period). If title is found defective, Buyer shall, within 3
days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable,
Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer
shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller
will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided
therefor.
8. SURVEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may
have Real Property surveyed and certified to the Buyer by a registered Florida land surveyor. If survey
shows any encroachment on Real Property, or that improvements located on Real Property encroach on
setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable
governmental regulation, the same shall constitute a title defect. The survey shall be performed to
minimum technical standards of the Florida Administrative Code and may include a description of the
property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes.
9. CLOSING PLACE AND DATE
Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated
closing agent in Pinellas County, Florida, within 120 days of the effective date unless extended by other
provisions of this contract including but not limited to time allotted for the removal of title defects as
provided for in Paragraph 7 above. If either party is unable to comply with any provision of this contract
within the time allowed, and be prepared to close as set forth above, after making all reasonable and
diligent efforts to comply, then upon giving written notice to the other party, time of closing may be
extended up to 60 days without effect upon any other term, covenant or condition contained in this
contract.
10. CLOSING DOCUMENTS
[GM21-9311-056/267629/1] 3
Buyer shall furnish closing statements for the respective parties, deed, bill of sale (if applicable),
mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective
instruments.
11. CLOSING EXPENSES
Transaction is exempt from documentary stamp tax per Florida Administrative Code Section 12B-
4.014(10). Seller shall pay the costs of recording any corrective instruments. Recordation of the deed
shall be paid by Buyer.
12. PRORATIONS; CREDITS
Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day
before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to
closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the
Property from taxation as provided in Chapter 196, Florida Statutes. If the amount of taxes and
assessments for the current year cannot be ascertained, rates for the previous year shall be used with
due allowance being made for improvements and exemptions. Assessments for any improvements that
are substantially complete at time of closing shall be paid in full by Seller.
13. OCCUPANCY
Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed
herein. If Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall
be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 15. Seller agrees to
deliver occupancy of the Property at time of closing unless otherwise stated herein. If occupancy is to be
delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be
responsible and liable for maintenance from that date, and shall be deemed to have accepted Property
in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate
writing. It is the intent of the Parties that the CRA and the City enter into a Revocable License Agreement
upon closing, allowing the CRA to remain in occupancy of the Property.
14. LEASES
Seller warrants there are no tenants occupying the Property and that no leases exist, recorded or
unrecorded, authorizing such occupancy and any authorized tenancy or lease for use of the property
created by Seller prior to closing or prior to the expiration hereof, shall constitute a material breach of this
Contract. Seller shall, at Buyer’s request, furnish Buyer copies of all written leases and estoppels letters
from each tenant specifying the nature and duration of the tenant’s occupancy.
15. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear
and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller
makes no warranties other than is disclosed herein in Paragraph 21 (“SELLER WARRANTIES”) and
[GM21-9311-056/267629/1] 4
marketability of title. Buyer’s covenant to purchase the Property “as is” is more specifically represented
in the following paragraph.
a. As Is With Right of Inspection: Buyer may, at Buyer expense within 60 days following the effective
date hereof ("Inspection Period"), conduct inspections, tests, environmental and any other investigations
of the Property Buyer deems necessary to determine suitability for Buyer's intended use. Upon Seller’s
execution hereof, Seller shall grant reasonable access to the Property to Buyer, its agents, contractors
and assigns for the purposes of conducting the inspections provided, however, that all such persons enter
the Property and conduct the inspections and investigations at their own risk. Seller will, upon reasonable
notice, provide utilities services as may be required for Buyer's inspections and investigations. Buyer
shall not engage in any activity that could result in a mechanics lien being filed against the Property
without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior
to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are
reasonably unsatisfactory to Buyer. In the alternative, if Seller offers to repair or otherwise remedy such
conditions to Buyer satisfaction, Buyer may accept such offer; or Buyer, at its option, may elect to accept
a credit at closing of the total estimated repair costs as determined by a licensed general contractor of
Buyer's selection and expense. If Buyer terminates this contract, and this transaction does not close,
Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and
investigations and return the Property to its present condition.
16. WALK-THROUGH INSPECTION
At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may
conduct a final "walk-through" inspection of the Property to determine compliance with any Seller
obligations and to ensure that all Property is in and on the premises. No new issues may be raised as a
result of the walk-through.
17. RISK OF LOSS
If the Property is damaged by fire or other casualty before closing, Buyer shall have the option of either
taking the Property “as is” or of canceling this contract.
18. PROCEEDS OF SALE; CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Buyer’s
attorney or by such other mutually acceptable escrow agent for a period of no longer than 5 days from
and after closing, during which time evidence of title shall be continued at Buyer's expense to show title
in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the
date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer
shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have 30 days from
the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds
paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after
demand, be returned to Buyer and simultaneously with such repayment, Buyer shall vacate the Property
and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer
shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be
available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure
[GM21-9311-056/267629/1] 5
required by this provision may be waived if title agent ensures adverse matters pursuant to Section
627.7841, F.S. (2014), as amended.
19. DEFAULT
If this transaction is not closed due to any default or failure on the part of the Seller, other than to make
the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this
agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure
on the part of the Buyer, Seller may seek specific performance or unilaterally cancel this agreement upon
giving written notice to Buyer. If a Broker is owed a brokerage fee regarding this transaction, the
defaulting party shall be liable for such fee.
20. SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially affect the value of the
Property, or which would be detrimental to the Property, or which would affect Buyer's desire to purchase
the property except as follows: (Specify known defects. If none are known, write “NONE”)
___________________
Buyer shall have the number of days granted in Paragraph 15(a) above ("Inspection Period") to
investigate said matters as disclosed by the Seller and shall notify Seller in writing whether Buyer will
close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract.
If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any
objection to the disclosed matters and shall have the obligation to close on the contract.
21. RADON GAS NOTIFICATION
In accordance with provisions of Section 404.056(8), Florida Statutes (2014), as amended, Buyer is
hereby informed as follows:
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated
in a building in sufficient quantities, may present health risks to persons who are exposed
to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit.
22. CONTRACT NOT RECORDABLE; PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind
and inure to the benefit of the parties and their successors in interest. Whenever the context permits,
singular shall include plural and one gender shall include all.
23. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the
United States Mail, properly stamped and addressed to the respective party to be notified, including the
[GM21-9311-056/267629/1] 6
parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will
in any way act at the behest of the parties to satisfy all terms and conditions of this contract.
24. ASSIGNABILITY; PERSONS BOUND
This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or
plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors
and assigns (if assignment is permitted).
25. ATTORNEY FEES; COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
26. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
27. BROKER REPRESENTATION
If either Party chooses to be represented by a Licensed Real Estate Broker upon Seller’s execution
hereof, then that Party solely shall be responsible for any such Broker fee or expense due to said Broker,
except as provided for in paragraph 20.
28. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to affect the validity of any
other provision. In the event that any provision of this contract is held to be invalid, the parties agree that
the remaining provisions shall be deemed to be in full force and effect as if they had been executed by
both parties subsequent to the expungement of the invalid provision.
29. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and
enforced in accordance with the laws of the State of Florida.
30. COUNTERPARTS; FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be deemed an original
and all of which together shall constitute one instrument. A facsimile copy of this contract, including any
addendum, attachments and any written modifications hereof, and any initials or signature thereon shall
be deemed an original.
31. ENTIRE AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the
parties, shall supersede any and all prior and contemporaneous written and oral promises,
[GM21-9311-056/267629/1] 7
representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and
writings shall be merged herein. Any changes to be made in this agreement shall only be valid when
expressed in writing, acknowledged by the parties and incorporated herein or attached hereto.
EXECUTED this _____ day of ________________________, 2021 by Buyer.
THE CITY OF CLEARWATER, FLORIDA
_____________________________ By: _____________________________
Frank Hibbard William B. Horne, II
Mayor City Manager
Approved as to form: Attest:
_____________________________ ________________________________
Laura Lipowski Mahony Rosemarie Call
Senior Assistant City Attorney City Clerk
[GM21-9311-056/267629/1] 8
CRA signature page – Contract for Purchase of Real Property by City of Clearwater - CRA to City - 701 Franklin Street
APPROVED BY SELLER & EFFECTIVE this _____ day of _________________________, 2021.
THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA
By: _____________________________
Frank Hibbard
Chairperson, Board of Trustees
Approved as to form: Attest:
_________________________ ___________________________
Michael P. Fuino Rosemarie Call
CRA Attorney City Clerk
[GM21-9311-056/267629/1] 9
EXHIBIT “A”
A part of Lots 1, 2, 9 and 10, Block "11", Magnolia Park, as recorded in Plat Book 3, Page 43 of the Public
Records of Pinellas County, Florida, described as follows:
From the Southwest corner of said Block "11", run thence East, 15.0 ft; thence run N 0 deg. 42'00" W, parallel
with and 15.0 ft. East of the East right of way line of East Avenue, 129.0 ft. for the Point of Beginning; thence
continue N 0 deg. 42'00” W, along said line, 185.40 ft. to the South right of way line of Franklin Street, also
being the North line of said Block "11"; thence S 89 deg. 58'00" E, along said North line of Block "11", 63.68 ft.;
thence S. 0 deg. 15'12" W, 185.16 ft.; thence S 89 deg. 49'30" W, 60.60 ft. to the Point of Beginning.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#21-9125
Agenda Date: 5/17/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.5
SUBJECT/RECOMMENDATION:
Authorize the CRA Executive Director to prepare an agreement for the development and sale of
the property at 115 South Martin Luther King, Jr. Avenue and the adjoining vacant lot for the
purposes identified in RFP/Q 25-21.
SUMMARY:
The purpose of this item is to select Equity as the winning respondent for RFP/Q 25-21 and to
authorize the CRA Executive Director to prepare an agreement for the sale and redevelopment
of the subject property based on the proposal submitted.
After receiving a Letter of Interest and two verbal inquiries on the Community Redevelopment
Agency (CRA) owned site at 115 South Martin Luther King, Jr. Avenue, the CRA issued an RFP
to select a qualified applicant for the acquisition and development of the property located at 115
South Martin Luther King, Jr. Avenue and the adjoining vacant lot that sits on the NW corner of
South Washington and Pierce Street as a restaurant, microbrewery/winery, creative office
spaces or similar use designed to serve the surrounding neighborhood. This is a 1+/- acre site
located downtown in the Prospect Lake Character District.
The CRA received one response from Equity. The review committee read the proposal and
evaluated the Developers Experience and Qualifications, Legal and Financial Feasibility, Ability
to Meet Redevelopment Objectives, and Proposed Timeline for Construction. The applicant is
proposing to demolish the existing warehouse and construct a live/work/play mixed use
development. The project will include a 4,500sf brewery/restaurant with indoor and outdoor
amenity space, an 11,000sf creative office and community event space under the CoHatch
co-working concept and 35 apartment units. The applicant will purchase the property from the
CRA for $650,000. The total estimated project cost is $14,815,000. They will provide 25% cash
equity and will borrow the remaining 75% from one of three short-listed lenders that have
funded projects with them in the past.
The proposal was recommended to move forward for the following reasons:
•The proposed mixed-use development meets downtown redevelopment goals of
providing market rate rental housing, a brewpub, a co-working and a community
gathering space that will serve the surrounding community
•Preservation of existing healthy trees and greenspace to the maximum extent possible
for use as an outdoor dining facility and neighborhood amenity
•Utilizes or reconfigures the existing parking on site and a shared parking agreement
with adjacent parking sites
·Equity, CoHatch and North High Brewing have each successfully completed and
sustained development projects in their areas of expertise
Page 1 City of Clearwater Printed on 5/11/2021
File Number: ID#21-9125
·The applicant’s commitment to collaboratively designing the outdoor amenity space with
the CRA. This includes utilizing the previously approved $250,000 incentive funds for
outdoor amenities.
·Reasonable financial plan and construction timeline
The proposed project meets the goals outlined in RFP/Q 25-21 that are derived from the 2018
Clearwater Downtown Redevelopment plan. Staff recommends selecting Equity as the winning
respondent for RFP/Q 25-21 and authorizing the CRA Executive Director to prepare an
agreement for the sale and redevelopment of the subject property.
APPROPRIATION CODE AND AMOUNT:
N/A
Page 2 City of Clearwater Printed on 5/11/2021
RFP #25-21 Response: 115 S. MLK Jr. Site Development
Providing Full-Service Commercial Real Estate Solutions For Over 30 Years
1
Proposal Contents
Narrative & Vision Statement 3
CRA Goals & Objectives 4
Developer Experience & Qualifications
Introduction to COhatch 6-8
Introduction to North High Brewing Co.9-10
Introduction to Project Development Team 11-12
Legal & Financial Responsibility
Short-listed Lenders 13
Construction Budget & Schedule 14
Projected Rent/Income Structure 15
Requested Incentives 16
Development Concept
Site-specific plans & concept renderings 17-19
Other Forms
Vendor Info, Certifications, E-Verify Eligibility, W-9 20-21
Appendix Contents
Additional Project Team Qualification Content 22
2
Development Narrative & Vision Statement
On behalf of our project sponsors, COhatch and North High Brewery, Equity is enthusiastic to present the following proposal, regarding the site located at 115 S. Martin
Luther King Jr. Avenue. Given the culture and urban fabric of Clearwater Florida, coupled with the CRA’s progressive forward-thinking Clearwater Downtown
Redevelopment Plan, we believe the intent of our proposal couples perfectly with the established goals, vision and strategy for the Prospect Lake District.
We propose a fee-simple, fair-market value land purchase, followed by the development of an urban, high-quality, multi-story, mixed-used use building that anchors
COhatch, an established creative co-working office space and North High Brewery, an established, full-service brewery and restaurant. This strives to be an environmentally
responsive solution to provide indoor/outdoor entertainment spaces, as well as a new, iconic neighborhood gathering event space that may be activated throughout the
day and into the evenings on both weekdays and weekends. Coupled with COhatch and North High Brewery, this project also features a multi-story residential apartment
component, that truly reflects an emphasis on an urban-friendly, neighborhood scale development project that conceals surface parking internally and maximizes existing
mature trees and greenspace activation opportunities. This project yields a result where our believed guests, residents and neighbors may enjoy and activate a true live,
work, play, eat and drink development.
Furthermore, Equity, COhatch and Equity Construction Solutions have a substantial history of working cohesively and harmoniously on development projects that enhances
the culture and identity of communities. We are eager to work alongside of The City of Clearwater, Florida on a value-added project that amplifies and contributes to an
evolving urban fabric and creates a new, vibrant destination for residents, neighbors and guests.
Concept Perspective from Pierce Street 3
CRA Objectives / Goals:Development Solution:
Provide downtown residents and employees with a
new restaurant, retail and neighborhood scale
entertainment experience.
Providing a brewery and restaurant with ample indoor and outdoor space to be used for dining,
socializing and cultural and musical events.
Address pedestrian friendly, walkable, urban
environment.
Proposing a true live-work-play-eat-drink configuration that engages both the streetscape, as well as
existing and future development
Care and consideration to relationship(s) between
the street(s) and building envelope.
Proposal provides an array of activated streetscape to building envelope, patio to street, and
greenspace to street configurations in effort to establish community nodes, focal emphasis and natural
screening techniques within the spirit of city-wide streetscape initiatives.
Provide entertainment/gathering spaces An array of indoor and outdoor spaces are incorporated that may be used for dining, socializing,
cultural arts events and greenspace/park settings. The combination of indoor/outdoor spaces also
functions in a healthy manner during covid-recovery and post-pandemic, responsible social gatherings.
Reuse existing warehouse or a proposal for a new
building that meets the Downtown Design
Guidelines.
Proposal features complete removal of the existing warehouse and a highly site, user and context-
specific, multi-story project configuration.
Preservation of healthy trees & greenspace to
maximum extent possible for use as an outdoor
dining facility & neighborhood amenity.
Emphasis has been placed on the retention of existing mature trees and greenspace. Built construction
shall be located within previously developed building and paving areas.
4
CRA Objectives & Criteria:
Prospect Lake District Over-arching Design Guidelines
5
Introduction to COhatch
Our unique value proposition:
COhatch focuses on the unique locations around a city where there is little competition.We are targeting metropolitan
areas with the potential of 10-25 suburban and urban sites with an average footprint of 10,000-15,000 sq. ft per site.Our
concept leverages across a metropolitan area shared workspaces, incubators, event spaces, special purpose spaces
(i.e. restaurants, fitness, technical facilities and makers spaces), and amenities nationally (e.g. beach house, personal
seat licenses, etc.).Membership in COhatch is not tied to a single location.Members have access to COhatch
locations and amenities across their metropolitan area and the country.
We capitalize on idle assets, repurposing space in great communities (i.e. old historical buildings at "Main and Main"
in the smaller communities around a city).We partner with cities/communities to leverage municipality-owned
abandoned buildings when possible.
We utilize retail opportunities in great lifestyle centers through relationships developed with REITs and national
property developers seeking to revitalize existing spaces.
We build in the heart of active areas to maximize our impact on lifestyle, energy, and authentic community.
70% of our spaces we target buying private real estate on “Main St.” where the value of what we do and the value of
the property will endure.
We add unique features, uses and amenities with our locations, demonstrating that we are different and intentional
about building authentic community.
We invite (or acquire) awesome local brands to join us to utilize our space outside normal work hours. It adds to our
local brand, strengthens our community, enriches our amenities, increases facility utilization during non-peak periods
and makes us very difficult to copy.Every city and site within a city has their own local partnerships.
The COhatch business model, already proven in multiple markets, creates multiple value streams, which drive
investor returns, client satisfaction and community support.Altogether, these factors are proving to be a tough
combination for competitors to replicate.Each city/metropolitan area will have its own local ownership and owner
operators, under the Company’s supervision, to facilitate a local connection to and feel for each location.
The COhatch concept, launched in late 2016 in the greater Columbus, Ohio area, has had success leveraging the overall trend in the “shared workplace” economy by expanding
it in ways not focused on by the large “big box” coworking/flex space businesses that have grown rapidly over the past six years.COhatch focuses on owning, developing and
operating technology enabled smaller footprint locations of 10,000-20,000 square feet in suburban/urban Neighborhood Business Districts within major metropolitan areas (each
an “MSA”), where people work, meet and live.The COhatch concept does not focus on large city central business districts, as the larger players do.The success and
profitability in Columbus in 2017-2019 led to the expansion into Cincinnati, Indianapolis, Cleveland and Tampa with 10 more cities targeted in the next 24-36 months.Springfield,
Cincinnati and Indianapolis opened successfully in the midst of Covid in 2020.
6
Introduction to COhatch
Our Vision
Positively impact lives in five hundred locations in fifty communities in the U.S. by 2030
Our Mission
Strengthen and improve communities, families and individuals in the cities in which we operate
COhatch is community town hall 2.0, a space where individuals, start-ups, small businesses, large corporations, and non-profits thrive TOGETHER—in the communities in which they live and love.
COhatch is in the business of creating environments in “Neighborhood Business Districts” where people and communities CONNECT with their neighbors, clients, coworkers, and families.
COhatch is an incubator platform to NURTURE young startup firms, through providing affordable space, shared offices and services, hands-on management training and mentoring, marketing and promotional support and access to community
financing.
COhatch is designed to be a place to WORK, MEET, and LIVE, and our vision is to replicate this “whole-life”approach to
hundreds of local communities, impacting the world one person and community at a time!
https://www.youtube.com/watch?v=vFbTsT4DBAg 7
Introduction to COhatch
The 8 focus areas of executing the COhatch mission are:
1.Town Hall 2.0.Restoring, repurposing and bringing back to life key
community assets to create
a town hall 2.0 (the modern version of how towns were originally designed).
2.True Community-The Neighborhood Business District.Providing enjoyable
and easily accessible opportunities for everyone to work, socialize, and serve
in the towns they love.
3.Fulfill Your Purpose.Creating spaces where likeminded people work
together to get the most out of their talent and to fulfill their purpose.
4.Family and Health.Improving individuals and families by providing healthy
spaces and activities.
5.Impacting Non-profits. Supporting local nonprofits to increase their collective impact and provide scholarships when needed.
6.Social enterprise. Creating a community of social enterprises that provide second chance employment and funding when needed.
7.Unleash Entrepreneurs.Enable investors and entrepreneurs to connect
through formal “Pitch Events” and through normal daily interaction as
members of the COhatch ecosystem
8.COhatch Marketplace.Bring together the digital world and the physical world
through our digital platform COhatch Marketplace.Enable small companies
to leverage our platform to scale their businesses while allow our members
the opportunity to truly “buy local” from their neighbors in a seamless way.
8
Introduction to North
High Brewing Co.
Full-Service, established, Restaurant and Brewery, actively expanding into St.
Petersburg, West Tampa & Lakeland, FL
www.northhighbrewing.com
Contacts:
Gavin Meyers, Founder
Tim Ward, Founder
Founded in 2011 in Columbus, OH by two OSU MBA graduates, North High
Brewing has grown to be one of Ohio’s largest and most award-winning
microbreweries. NHB’s flagship taproom is located in the heart of Columbus’ Short
North Arts District and has long been a destination for craft beer enthusiasts. Their
recent partnership with COhatch has brought the opportunity to expand into new
markets, with successful brewpubs already open in Dublin, Cincinnati, and
Springfield, with additional locations planned in Cleveland, Cincinnati, Indianapolis,
and Tampa, FL.
Locations: Short North, Columbus, OH | Dublin, OH |Springfield, OH | Hyde Park,
Cincinnati, OH
Upcoming Locations: Ohio City, Cleveland, OH | Beachwood, Cleveland, OH |
Kenwood, Cincinnati, OH | ZIonsville, IN | Polk Stables, IN | Circle Center,
Indianapolis, IN | St. Petersburg, FL | West Tampa, FL | Lakeland, FL
History:
2011 –founded
2012 -Short North Taproom opens
2013 -Former Anheuser Busch senior brewmaster Jason McKibben joins as
partner/brewmaster
2014 -Cleveland Ave. production brewery opens, canning and statewide
distribution begins
9
Introduction to North
High Brewing Co.
Dublin Menu:
https://www.northhighbrewing.com/dublinmenu
Short North Menu:
https://www.northhighbrewing.com/shortnorthmenu
Hyde Park Menu:
https://www.northhighbrewing.com/hydeparkmenu
10
Project Team Introduction
City of Clearwater, Florida100 S. Myrtle Ave.Clearwater, FL 33756www.myclearwater.comContacts:
▪Frank Hibbard, Mayor
▪Mark Bunker, Councilmember
▪Kathleen Beckman, Councilmember
▪David Allbritton, Councilmember
▪Hoyt Hamilton, Councilmember
▪Amanda Thompson, CRA Director
▪Lori Vogel, Procurement Manager
Anchor Operator & Community Sponsor:COhatchwww.cohatch.comContacts:
▪Chris Watkins
▪John Watkins
Jr. Anchor Operator:North High BreweryFull-Service, established, Restaurant and Brewery, actively expanding into St. Petersburg, West Tampa & Lakeland, FLwww.northhighbrewing.comContacts:
▪Gavin Meyers, Founder
▪Tim Ward, Founder
Developer:Equity**4107 W. Spruce St., Suite 101Tampa, FL 33607www.equity.netContacts:
▪Steve Wathen, CEO | 614.334.7850 | swathen@equity.net
▪Howard Fickel, CFO | 614.334.7812 | hfickel@equity.net
▪Tom Rocco, Esq., Chief Legal Counsel | 614.334.7853 | trocco@equity.net
▪Patrick Wathen, SVP | 614.334.7837 | pwathen@equity.net
▪Austin Wathen, SVP Brokerage & Business Development | 614.334.7792 | awathen@equity.net
▪Ben Dikman, Market Director | 813.490.9812 | bdikman@equity.net
▪Eric Newland, RA, LEED AP, SVP Development | 614.334.7815 | enewland@equity.net
▪Bruce Heisler, Development Officer | 813.490.9803 | bheisler@equity.net
▪Benjamin McLeish, VP Brokerage | 813.490.9817 | bmcleish@equity.net
▪Vivan Fung, Associate | 813.490.9818 | vfung@equity.net
▪Paul Bores, Sr. Financial Analyst | 614.334.7813 | pbores@equity.net
▪Angi Carey, EVP Property Management | 614.334.7784 | acarey@equity.net
▪Jessica Odenweller, VP Asset Management | 513.842.9524 | jodenweller@equity.net
Design-Build General Contractor:Equity Construction Solutions**4107 W. Spruce St., Suite 101Tampa, FL 33607www.ecsbuilds.comContacts:
▪Andy Quinn, President | 614.334.7790 | aquinn@ecsbuilds.com
▪Bob Butler, SVP Preconstruction | 614.334.7835 | bbutler@ecsbuilds.com
▪Tim Mescher, VP Construction | 513.842.9508 | tmescher@ecsbuilds.com
▪Jon Johnson, VP Construction | 813.490.9806 | jjohnson@ecsbuilds.com
▪Shawn Boysko, Design Build Manager | 614.334.7862 | sboysko@ecsbuilds.com
Debit Financing Consultant:Leverage Real Estate Investments, LLC**4653 Trueman Blvd. Suite 100Hilliard, Oh 43026Contact:
▪Dean Malchi, CEO | 614.721.4700 | dean.malchi@leveragecap.net
11
Architect:Kimmich Smith Architecture2803 W. Busch Blvd. Suite 101Tampa, FL 33618www.KS-Arc.comContact:
▪Justin Kimmich, AIA, President | 813.915.7431 | jkimmich@KS-Arc.com
Civil Engineer:Bohler Engineering3820 Northdale BoulevardSuite 300BTampa, FL 33624www.bohlereng.comContacts:
▪Greg Roth, PE, LEED AP | 813.812.4100 | groth@bohlereng.com
▪Kyle Morel, PE | 813.812.4100 | kmorel@bohlereng.com
▪Ryan Hileman, PE, PMP | 813.812.4100 | rhileman@bohlereng.com
▪Eric Samuelson 813.812.4100 | esamuelson@bohlereng.com
Geotechnical Engineer:ECS Limited4524 N. 56th StreetTampa,FL 33610www.ecslimited.comContact:
▪David Bearce, PE | 813.302.1644 | dbearce@ecslimited.com
Mechanical / Plumbing Engineer:Osborn Engineering400 N. Tampa Street. Suite 2230Tampa, FL 33602www.osborn-eng.comContact:
▪Clayton Scelzi | 727/
Electrical Engineer:Osborn Engineering400 N. Tampa Street. Suite 2230Tampa, FL 33602www.osborn-eng.comContact:
▪Clayton Scelzi | 727.209.0436 | cscelzi@osborn-eng.com
Structural Engineer:B&W Structural Designs105 S. AlbanyTampa, FL 33606www.structural-designs.comContact:
▪Chris Wright, PE | 813.374.2459 | wright@structural-designs.com
Interior Designer:Ponton Interiors3224 W Bay to Bay. Suite BTampa, FL 33629www.pontoninteriors.comContact:
▪Kylie Ponton | 813.831.4445 | kylie@pontoninteriors.com
*In effort to be specific and intentional to this RFP, additional information regarding qualifications, completed projects, marketing, and
promotional materials may be found as an appendix to this RFP.
**Statement of Relationship: Equity, LLC is a national, full-service real estate development company. Within Equity Consolidated Holdings
exists affiliations with Equity, Equity Construction Solutions, and Leverage Real Estate Investments, LLC.12
Financial Feasibility
Equity / Investor Capital*Multiple Sources & Sponsorship. To Be Determined at a future date. Equity Raise & Guarantor: Stephen Wathen, CEO
Debit Financing Consultant:Leverage Real Estate Investments, LLC4653 Trueman Blvd. Suite 100Hilliard, Oh 43026Contact: Dean Malchi, CEO
Short-listed Lenders*:
Republic Bank12933 Walsingham RoadLargo, FL 33774727.596.2323
Iberia Bank612 S Dale Mabry HwyTampa, FL 33609813.769.1110
Centennial Bank26417 US Hwy 19 NClearwater, FL 33761727.614.4924
*Preliminary financial modeling & lender criteria projecting 75% Debt Financing, 25% Investor Cash Equity.
13
Construction
Budget &
Schedule
Project Budget
▪Site Acquisition Budget:$900,000.00
▪Pre-Development & Soft Cost Budget:$750,000.00
▪Construction Budget $12,250,000.00
▪Fees & Expenses:$915,000.00
▪Total Project Budget $14,815,000.00
Project Schedule
▪03/2021 RFP Released
▪04/2021 RFP Responses Due, Internal Review & Staff Recommendations
▪05/2021 CRA Trustees authorization to begin negotiations
▪08/2021 CRA Trustees approve development agreement and designate closing
▪09/2021 Development Agreement Executed
▪03/2022 Due Diligence Expiration & Entitlement Process Completed
▪06/2022 Construction Plans Completed & Issued for Permit(s)
▪09/2022 Construction Permit Issued & Construction Begins
▪09/2023 Shell Construction Complete
▪03/2024 Tenant Fit-Out Construction Complete & Certificate(s) of Occ. Granted
▪09/2024 Target 60% Residential Absorption
▪12/2024 Target 90% Residential Absorption & Project Stabilization
14
Projected Rent/Income Structure
COhatch Creative Offices: $2.08/sf/mo. @ 11,000 sf:
North High Brewing Co.: $2.08/sf/mo. @ 4,500 sf
Residential Apartments *: $2.33/sf/mo. @ 35 Units**
Projected Net Operating Income @ Stabilization: $973,000.00/yr.
*Market study rate utilizing The Nolan, Apex, Skyview & Indigo as comparable.
**Apartment offering shall be a combination of Studio, 1-Bedroom, 2-Bedroom, and 2+ Bedroom Units 15
Requested Incentives
The Project Team humbly requests the following from The City of Clearwater, Florida, and affiliated CRA
within:
Continual commitment to work collectively, transparently, and expeditiously to achieve common goals
in a timely and efficient manner to realize a mutually beneficial development project.
Fee-simple site acquisition, at fair market value, for the property located at 115 S. MLK Jr. Avenue,
and the adjoining vacant lot.
Request also lot close occur upon issuance of building permit and necessary municipal
entitlements.
Shared, perpetual use and access to the 60-space parking lot at the intersection of Cleveland Street
and S. Martin Luther King Jr. Avenue to be used by Restaurant / Brewery patrons and residential
overflow.
Commitment to work collaboratively to maximize impact of the allocated $250k CRA funds towards the
enhancement of existing greenspace and mature trees into a vibrant community / neighborhood
destination.
Positive municipal encouragement in the form of online marketing, public interest journalism, etc. in
efforts to exemplify positive impacts and enhancement of culture and community through this
project’s development efforts, to best position our anchor operators to thrive in the Clearwater
market.
16
Development Concept
Preservation of mature trees
and existing greenspace, while concealing parking.
Engage S. MLK Jr. Avenue and
Pierce Street.
Provide ample indoor/outdoor
dining and event spaces for
healthy-community gatherings.
Provide an array of mixed-uses,
including creative offices,
restaurant/brewery and
enhanced residential density.
Provide a quality, vibrant,
engaging atmosphere to become a neighborhood and
regional destination.
17
Concept Perspective from Pierce Street 18
Development Concept
Development Criteria Development Response
Scope (SF, Stories, Uses)11,000 SF Creative Office & Community Event Space
4,500 SF Brewery / Restaurant
35 Apartments
Approx. 56,000 Total SF; 4-Stories
Height <50’-0”
Density (FAR)0.35 Commercial Only FAR; 1.23 Total Mixed-Use FAR
Public Amenities /
Incentives
Please refer to Requested Incentives Tab.
Building Materials Brick Masonry Veneer, Composite Siding, and
Architectural Metal Panels.
Site & Building Orientation Engage S MLK & Pierce St. Preserve Greenspace.
Concealed surface parking & activate pedestrian areas
Access Point & Curb Cuts 1 surface parking and service curb cut access from S.
Washington Ave.
Parking Space Breakdown Approx. 35 Surface spaces for residents + approx. 18
parallel parking spaces for Restaurant and relies on 60-
Space adjacent surface parking area indicated within
the RFP.
Creative & Innovative Design
Solutions
Incorporation of mature trees for indoor/outdoor event
space and tree-lit beer garden venue area. Emphasis
placed on the integration of vernacular architectural
features and sustainable systems.
Enlarged North High Brewing Co. Perspective from Pierce Street
Enlarged COhatch Perspective from Pierce Street 19
Other Forms
20
Other Forms
21
Appendix
Documents &
Additional
Resources
Equity & Equity Construction Solutions
Equity & ECS Overview
Bohler Engineering
Bohler Civil Engineering Overview
ECS Limited Geotechnical
ECS Limited Geotechnical Overview
KSA Architecture
KSA Architecture Overview
B&W Structural Engineering
B&W Structural Engineering Overview
Osborn Engineering
Osborn MEP Engineering Overview
Ponton Interiors
Ponton Interiors Overview
22
Procurement Division 100 S Myrtle Ave
Clearwater FL 33756-5520
PO Box 4748, 33758-4748
727-562-4633 Tel
v 11.2018
REQUEST FOR PROPOSALS and QUALIFICATIONS
#25-21
Development as Offices, Recreation Area, Restaurants, Brewpubs,
and Attractions
at 115 S Martin Luther King Jr. Avenue Site
March 17, 2021
NOTICE IS HEREBY GIVEN that sealed proposals and qualifications will be received by the City of
Clearwater (City) until 10:00 AM, Local Time, April 15, 2021 for Development as Offices, Recreation
Area, Restaurants, Brewpubs, and Attractions at the 115 S Martin Luther King Jr. Avenue site.
Brief Description: The purpose of this Request for Proposals and Qualifications (RFP/Q) is to select a
qualified applicant for the acquisition (purchase or lease with option to purchase) and development of the
property located at 115 S Martin Luther King (MLK) Jr. Avenue and adjoining vacant lot that sits on the
NW corner of S Washington Avenue and Pierce Street as creative offices, recreation space, restaurant,
microbrewery/winery, or similar use or attraction that is open nights and weekends. The properties
combined are a 1+/- acre site located downtown in the Prospect Lake Character District. Interested
applicants must have proven experience, financial resources, and professional expertise in developing
such sites.
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
115 S MLK Jr. Ave. Development 2 RFP/Q #25-21
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: April 15, 2021
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: 180 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
INSTRUCTIONS
115 S MLK Jr. Ave. Development 3 RFP/Q #25-21
may be necessary to reimburse the City for loss sustained by reason of such breach. The
balance of said security, if any, will be returned to Contractor upon the expiration or termination of
the contract.
i.7 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
INSTRUCTIONS
115 S MLK Jr. Ave. Development 4 RFP/Q #25-21
than erase changes. If the proposal is not properly signed or if any changes are not initialed, it
may be considered non-responsive. In the event of a disparity between the unit price and the
extended price, the unit price shall prevail unless obviously in error, as determined by the City.
The City may require that an electronic copy of the proposal be submitted. The proposal must
provide all information requested and must address all points. The City does not encourage
exceptions. The City is not required to grant exceptions and depending on the exception, the City
may reject the proposal.
i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the
specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other
products will be considered upon showing the other product meets stated specifications and is
equivalent to the brand product in terms of quality, performance and desired characteristics.
Minor differences that do not affect the suitability of the supply or service for the City’s needs may
be accepted. Burden of proof that the product meets the minimum standards or is equal to the
brand name product is on the proposer. The City reserves the right to reject proposals that the
City deems unacceptable.
i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the
proposal received by the City prior to the scheduled opening time will be accepted and will be
corrected after opening. No oral requests will be allowed. Requests must be addressed and
labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL
of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of
undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the
bid opening shall be allowed solely at the City’s discretion.
i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred,
suspended, or otherwise lawfully precluded from participating in any public procurement activity,
including being disapproved as a subcontractor with any federal, state, or local government, or if
any such preclusion from participation from any public procurement activity is currently pending,
the proposer shall include a letter with its proposal identifying the name and address of the
governmental unit, the effective date of this suspension or debarment, the duration of the
suspension or debarment, and the relevant circumstances relating to the suspension or
debarment. If suspension or debarment is currently pending, a detailed description of all relevant
circumstances including the details enumerated above must be provided. A proposal from a
proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public
procurement activity may be rejected.
i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to
rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced
proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon
another event; to reject individual proposals for failure to meet any requirement; to award by item,
part or portion of an item, group of items, or total; to make multiple awards; to waive minor
irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek
clarification of the proposal from proposer at any time, and failure to respond is cause for
rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent
contract. The City is responsible to make an award that is in the best interest of the City. All
decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s
discretion and made to favor the City. No binding contract will exist between the proposer and
the City until the City executes a written contract or purchase order.
i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a
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
INSTRUCTIONS
115 S MLK Jr. Ave. Development 5 RFP/Q #25-21
proposer. The City’s right to copy shall be for internal use in evaluating the proposal.
i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality,
integrity, service, professionalism, economy, and government by law in the Procurement process.
The responsibility for implementing this policy rests with each individual who participates in the
Procurement process, including Respondents and Contractors.
To achieve this purpose, it is essential that Respondents and Contractors doing business with the
City also observe the ethical standards prescribed herein. It shall be a breach of ethical
standards to:
a. Exert any effort to influence any City employee or agent to breach the standards of ethical
conduct.
b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials
or Services not provided.
c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply
with any term, condition, specification or other requirement of a City Contract.
i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or
prospective proposers and affiliates. The City may request product samples from vendors for
product evaluation.
i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect
in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected
proposal is not in the City’s best interests, the Respondent may submit a written protest. All
protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures
Section 18 (“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the
Purchasing Policy, the language of the Purchasing Policy controls.
Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent
before the bid opening must be filed with the 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
115 S MLK Jr. Ave. Development 6 RFP/Q #25-21
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 23-24) Points
Developer/Operator Experience and Qualifications (Tab 2) 30
Legal and Financial Feasibility - Developer and Project (Tab 3) 30
Development Concept: Ability to Meet Redevelopment Objectives (Tab 4) 30
Proposed Timeline for Construction (Tab 5) 10
i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored
proposals based on evaluation against the evaluation criteria. Short-listed proposers may be
invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews,
the City will finalize the ranking of shortlisted firms.
i.25 PRESENTATIONS/INTERVIEWS Presentations and/or interviews may be requested at the City’s
discretion. The location for these presentations and/or interviews will be determined by the City
and may be held virtually.
INSTRUCTIONS – EVALUATION
115 S MLK Jr. Ave. Development 7 RFP/Q #25-21
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: March 17, 2021
Advertise Tampa Bay Times: March 17, 2021
Responses due: April 15, 2021
Review Proposals/Presentations: April 16-27, 2021
CRA staff selection of recommended proposal: April 27, 2021
CRA Trustees authorization to begin negotiations: May 17, 2021
CRA Trustees approve Development Agreement and Designate Closing Date: July-August 2021
i.31 COMMUNITY REDEVELOPMENT AGENCY BOARD (City Council).
Frank Hibbard, Chair
Mark Bunker, Trustee
Kathleen Beckman, Trustee
David Allbritton, Trustee
Hoyt Hamilton, Trustee
TERMS AND CONDITIONS
115 S MLK Jr. Ave. Development 8 RFP/Q #25-21
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
115 S MLK Jr. Ave. Development 9 RFP/Q #25-21
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
115 S MLK Jr. Ave. Development 10 RFP/Q #25-21
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
115 S MLK Jr. Ave. Development 11 RFP/Q #25-21
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
TERMS AND CONDITIONS
115 S MLK Jr. Ave. Development 12 RFP/Q #25-21
current background check policies. Any officer, employee, or agent that fails the background
check must be replaced immediately for any reasonable cause not prohibited by law.
S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will
have final authority, based on security reasons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual
or entity may provide services under this Agreement. If the City objects to any Contractor
personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from
the City, remove any such individual from performance of services under this Agreement.
S.17 DEFAULT.
a. A party will be in default if that party:
(i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership
proceeding, makes an assignment for a creditor, or there is any similar action that affects
Contractor’s capability to perform under the Agreement;
(ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60)
calendar days;
(iii) Conducts business in an unethical manner or in an illegal manner; or
(iv) Fails to carry out any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with Section 27 of the City’s Purchasing
and Procedures Manual.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may,
at its option and at any time, provide written notice to the defaulting party of the default. The
defaulting party will have thirty (30) days from receipt of the notice to cure the default; the
thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure
period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is
reasonably calculated to provide notice of the nature and extent of such default. Failure of
the non-defaulting party to provide notice of the default does not waive any rights under the
Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor’s intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no
written assurance is given within five (5) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement.
S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market,
complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess
cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid
balance due to Contractor; (iii) collection against the proposal and/or performance security, if
any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the
aforementioned remedies or other remedies as provided by law. Costs includes any and all,
fees, and expenses incurred in obtaining substitute services and expended in obtaining
reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and
costs.
TERMS AND CONDITIONS
115 S MLK Jr. Ave. Development 13 RFP/Q #25-21
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
TERMS AND CONDITIONS
115 S MLK Jr. Ave. Development 14 RFP/Q #25-21
warranty. If any materials or services are of a substandard or unsatisfactory manner as
determined by the City, Contractor, at no additional charge to the City, will provide materials or
redo such services until in accordance with this Agreement and to the City’s reasonable
satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City’s right to recover against third parties for any loss, destruction, or damage to
City property, and will at the City’s request and expense, furnish to the City reasonable
assistance and cooperation, including assistance in the prosecution or defense of suit and the
execution of instruments of assignment in favor of the City in obtaining recovery.
S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to
deliver any specific amount of materials or services or any materials or services at all under this
Agreement and acknowledges and agrees that the materials or services will be requested by the
City on an as needed basis at the sole discretion of the City. Any document referencing
quantities or performance frequencies represent the City's best estimate of current requirements,
but will not bind the City to purchase, accept, or pay for materials or services which exceed its
actual needs.
S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports, test plans, and survey results, graphics, and technical tables, originally
prepared in the performance of this Agreement, are the property of the City and will not be used
or released by Contractor or any other person except with prior written permission by the City.
S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or
publicity without obtaining the prior written consent of the City.
S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former
public officer or employee within the last two (2) years shall not represent another organization
before the City on any matter for which the officer or employee was directly concerned and
personally participated in during their service or employment or over which they had a substantial
or material administrative discretion.
S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB
destination freight prepaid and allowed unless otherwise agreed.
S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or
equipment incidental to providing these services and such loss, injury, or destruction will not
release Contractor from any obligation hereunder.
S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real
property or damage or loss of City personal property when such property is the responsibility of or
in the custody of Contractor or its employees.
S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
without limitation, at its expense defend the City against all claims asserted by any person that
anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual
property right and must, without limitation, pay the costs, damages and attorneys' fees awarded
against the City in any such action, or pay any settlement of such action or claim. Each party
agrees to notify the other promptly of any matters to which this provision may apply and to
cooperate with each other in connection with such defense or settlement. If a preliminary or final
TERMS AND CONDITIONS
115 S MLK Jr. Ave. Development 15 RFP/Q #25-21
judgment is obtained against the City’s use or operation of the items provided by Contractor
hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its
expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b)
procure for the City the right to continue to use the item; (c) substitute for the infringing item other
item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price
paid, less reasonable usage, from the time of installation acceptance through cessation of use,
which amount will be calculated on a useful life not less than five (5) years, plus any additional
costs the City may incur to acquire substitute supplies or services.
S.37 CONTRACT ADMINISTRATION. The contract will be administered by the 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.
TERMS AND CONDITIONS
115 S MLK Jr. Ave. Development 16 RFP/Q #25-21
S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement, completion, termination, or other expiration of this Agreement will not release any
party from any liability or obligation arising prior to the date of termination.
DETAILED SPECIFICATIONS
115 S MLK Jr. Ave. Development 17 RFP/Q #25-21
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 nearly
118,017 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach
was rated #1 U.S. Beach by TripAdvisor’s Traveler’s Choice Awards in 2018 and 2019 and is
consistently ranked as one of the top beaches in the world. 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 to Winter the Dolphin and the Clearwater Marine Aquarium.
Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin
Tale 2”, both filmed here in Clearwater.
2. PURPOSE. The purpose of this Request for Proposals/Qualifications (RFP/Q) is to select a
qualified applicant for the acquisition (purchase or lease with option to purchase) and
development of the property located at 115 S Martin Luther King Jr. Avenue (Site) and adjoining
vacant lot that sits on the northwest corner of S Washington Avenue and Pierce Street as a
restaurant, microbrewery/winery, office park, cultural use or similar use or attraction that is open
nights and weekends.
The properties combined are a 1+/- acre site located in the downtown Prospect Lake Character
District, within the Community Redevelopment Area. The Community Redevelopment Agency
(CRA) of the City of Clearwater, Florida, invites applicants to submit proposals and qualifications
for the redevelopment of this Site. The defining features and details of this district can be found
in the Downtown Redevelopment Plan:
https://www.myclearwater.com/home/showdocument?id=5337
The CRA redevelopment strategy for Downtown Clearwater emphasizes the creation of a
significant residential concentration in and around the Downtown Core to create the support for a
day-into-evening retail, office, recreational, and entertainment environment. The CRA envisions
this parcel as a major opportunity to provide downtown residents and employees with new
restaurant, retail, and neighborhood scale entertainment experiences.
3. SITE BACKGROUND, LOCATION, and OWNERSHIP. The City of Clearwater is situated on the
west coast of Central Florida in the Tampa Bay area and is the county seat for Pinellas County
government. The Site is conveniently located near the City’s Downtown Core and minutes away
from the world-renowned Clearwater Beach. Site photos provided in Exhibit A – Site Photos.
A 360-degree view of the Site is available at:
https://theta360.com/s/p3dyOHtFq1TWJyiToqMw5nAlk
The City targeted this prime development site, a former automobile parts store, for redevelopment
in 2003 and purchased additional greenspace property to enlarge the Site in 2016.
There have been several developments in the Prospect Lake character district:
• The construction of Fire Station 45 on Court Street
• The construction of the Marriott Residence Inn on Court Street
• The construction of the Tampa Bay Times office building on Cleveland Street
• The construction of the regional drainage facility and passive park, Prospect Lake Park
• The completion of The Nolen – a mixed use development with 257 apartment units,
24,000sf of commercial space and 300 parking spaces. The Nolen was acquired by NM
Residential in July 2018 for $44.5 million and is over 90% leased.
• The renovation of 1100 APEX – a mixed use development with 134 apartment units,
4,348sf of commercial space and 202 parking spaces at 1100 Cleveland Street.
• The CRA acquired a 60+ space surface parking lot at the intersection of Cleveland Street
and S Martin Luther King Jr. Avenue to provide parking for retail customers visiting
nearby businesses.
DETAILED SPECIFICATIONS
115 S MLK Jr. Ave. Development 18 RFP/Q #25-21
• The completion of The Madison in Fall of 2019, an 80-unit age and income restricted
development at 400 S Martin Luther King Jr. Avenue.
• Permits have been issued for the development of three new food and drink
establishments on the ground floor of The Nolen.
• The CRA has awarded a development agreement for a 171-unit apartment complex
south at the intersection of South Washington and South Martin Luther King Jr. Drive
south of the property for this RFP.
• Construction has begun on Imagine Clearwater in Coachman Park – a $64 million-dollar
transformation of the downtown waterfront into additional greenspace, marina facilities,
playgrounds and entertainment venues. Visit www.imagineclearwater.com for details.
Through this RFP/Q, the CRA is seeking to redevelop the existing warehouse building and
adjoining greenspace. The CRA anticipates the CRA Trustees will award a winning bid in
Summer 2021 and close as soon as possible thereafter.
The subject properties are located in the Prospect Lake Character District of the CRA, which is
part of Downtown Clearwater. They have frontage on S Martin Luther King Jr. Avenue, Pierce
Street, and S Washington Avenue. The Downtown Redevelopment Plan envisions this District as
a residential area with ancillary commercial uses, with more intensive commercial and office
development directed to the major streets in the District.
The City adopted a new zoning code in 2019. The Site is zoned (D) Downtown. The City has a
Flexible Development Code to encourage design, mixed-use and massing creativity on infill
projects. The Downtown Plan allows residential density up to 50 dwelling units per acre and a
Floor Area Ratio (FAR) of 1.5 for commercial development.
Through the Public Amenities Incentive Pool, a development proposal may attain additional
density and/or FAR based on certain amenities provided by the developer, including but not
limited to, significant public space, streetscape improvements, on-site public art, the inclusion of
affordable housing within the development, and mixed-use projects that further the Plan’s major
redevelopment goals and character district vision.
The amount of development potential made available to the project will be based on the type and
scale of amenity provided and not a specific formula. The allocation of additional density/intensity
is made in conjunction with a site plan application reviewed and approved by the Clearwater
Community Development Board at a public hearing.
Any proposed project must comply with the Downtown Design Guidelines, which require quality
architectural and site design, an urban development pattern and the use of quality materials that
enhance the quality of the Downtown Clearwater built environment.
Development proposals should reflect the growth in this character district as a walkable, urban
environment. The Site has frontage on three (3) streets and the proposal should identify the
primary entrance, but still pay careful attention to the relationship between the building and the
street on all sides.
The Downtown Redevelopment Plan encourages the redevelopment of the building to help
activate the area and to provide entertainment and gathering spaces for visitors and residents
expected with the addition of two (2) residential projects that are within walking distance for this
area. A condition assessment of the existing warehouse structure is provided in Exhibit B –
Condition Assessment Report. Proposers should consider and address the following objectives
in their response:
Reuse of the existing warehouse structure or a proposal for a new building that meets the
Downtown Design Guidelines
DETAILED SPECIFICATIONS
115 S MLK Jr. Ave. Development 19 RFP/Q #25-21
Preservation of existing healthy trees and greenspace to the maximum extent possible for
use as an outdoor dining facility and neighborhood amenity
A business use that addresses one or more of the current gaps in downtown’s
restaurant/retail market that lacks flexible office spaces, brewpubs, microbreweries, wineries,
small scale music/arts venues, and full-service restaurants that are open on nights and
weekends
Can support a weekly schedule of programs like yoga, live music, maker markets, etc.
Utilizes or reconfigures the existing parking on site and works towards a shared parking
agreement with adjacent parking sites
Updated streetscape and bike/pedestrian amenities
Illustrates an understanding of how to attract Clearwater residents and visitors from
Clearwater Beach to this destination
Creates a destination worthy brand for Downtown Clearwater
Exhibits included in this RFP/Q are:
• Exhibit A_Site Photos
• Exhibit B_Condition Assessment Report
• Exhibit C_Appraisal
4. SITE PURCHASE PRICE. Price is to be negotiated, based upon the overall development
proposal and the economic benefit to the CRA. CRA prefers a purchase of the Site, however, will
consider a land lease. Per Florida State Statute 163.380, CRA will consider fair value in its
disposition of the Site. The property appraisal is provided as Exhibit C – Appraisal.
5. DEVELOPMENT NEGOTIATIONS and INCENTIVES. The selected Developer shall enter into a
binding Development Agreement with the CRA, which shall outline the contract start date,
bonding and/or insurance requirements, purchase and disposition of the subject Site, the
underlying project development design parameters agreed to by the CRA and City, any incentives
agreed upon, and the terms and conditions.
Due to the importance of this particular downtown infill development site, it is the intention of the
CRA to consider certain development “incentives” to assist in making the project feasible which
might include, but not be limited to, the payment of certain impact fees, etc. If the Developer
wishes to request incentives, they must outline their request as part of the proposal. The CRA
has allocated $250,000 towards the cost of improving the greenspace area to provide for outdoor
dining, public art, landscaping, playground equipment, small performance facilities and other
improvements that would support the use of this area as an amenity for the commercial use and
adjacent neighborhood. The CRA has secured a 60-space parking lot at the intersection of
Cleveland Street and S Martin Luther King Jr. Avenue that will be available for use by this Site.
Stormwater Retention Buy-in District
In cooperation with the Southwest Florida Water Management District (SWFWMD), this Site falls
within the boundary of the Prospect Lake District contributing area and is eligible to develop by
permitting into the buy-in district to obtain storm water facilities on-site. The property does not
have to have storm water facilities on-site as long as the developer pays into the Prospect Lake
District.
Any upgrades needed on existing City utilities, potable, sanitary sewer, etc. will be the
responsibility of the developer.
Traffic concerns will be dependent on what a developer wants to place on the Site.
Clearwater Gas System Incentive
Natural gas is available at this Site and certain incentives may apply, administered by Clearwater
Gas System.
DETAILED SPECIFICATIONS
115 S MLK Jr. Ave. Development 20 RFP/Q #25-21
6. QUALIFICATIONS and SELECTION PROCESS. An evaluation committee will evaluate all
submissions according to the evaluation criteria delineated herein and identify Developers that
will be invited to submit more detailed proposals, make presentations, or both. The evaluation
committee will rely upon the responses to this RFP/Q in selection of finalists and the preferred
Developer. Therefore, respondents should emphasize information particularly pertinent to the
project and the evaluation criteria and submit all information they wish the evaluation committee
to consider.
The evaluation committee made up of representatives from the Community Redevelopment
Agency (CRA), Legal, and Planning & Development departments, will recommend a Preferred
Developer to the CRA, who will make the final selection. The recommended Preferred Developer
may be required to make a formal presentation to the CRA, if requested, as part of the selection
process.
The CRA will then enter into exclusive negotiations with the Developer for a Development
Agreement, Purchase Agreement and any other related transactions.
The selected Developer will be solely responsible for project design, development application
submission and approval, securing required permits, construction of the project and ongoing
project maintenance and operation.
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. Employer’s Liability coverage of $100,000 each employee, each accident, and $100,000
each employee/$500,000 policy limit for disease, and which meets all state and federal laws.
Coverage must be applicable to employees, agents, representatives, and subcontractors, if
any.
DETAILED SPECIFICATIONS
115 S MLK Jr. Ave. Development 21 RFP/Q #25-21
e. Property Insurance coverage if the Developer is using its own property or the property of the
City in connection with the performance of its obligations under this Agreement, then Property
Insurance on an “All Risks” basis with replacement cost coverage for property and equipment
in the care, custody and control of others is required.
f. Builder’s Risk covering all risks of loss in the complete and full value of the project with no
coinsurance penalty provisions. This insurance shall insure the interests of the City, the
Developer, and all subcontractors, if any, in the work and shall insure against special form
causes of loss (all risk perils), including collapse during construction, for replacement cost
(including fees and charges of engineers, architects, attorneys and other professionals). The
Developer shall obtain and maintain similar property insurance on equipment, materials,
supplies and other property and portions of the work stored on or off site or in transit.
Builder’s Risk Insurance shall be endorsed to permit occupancy until such time as the
facilities are completed and accepted by the City and written notice of the fact has been
issued by the City.
g. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory
Workers’ Compensation Insurance coverage in accordance with the laws of the State of
Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five
hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand
dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease
policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S.
Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be
applicable to employees, contractors, subcontractors, and volunteers, if any.
The above insurance limits may be achieved by a combination of primary and
umbrella/excess liability policies.
Other Insurance Provisions.
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of
the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the
Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD
certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the
coverage set forth above and naming the City as an “Additional Insured” on the Commercial
General Liability Insurance and the Commercial Automobile Liability Insurance. In addition
when requested in writing from the City, Vendor will provide the City with certified copies of all
applicable policies. The address where such certificates and certified policies shall be sent or
delivered is as follows:
City of Clearwater
Attn: Purchasing Department, RFP/Q #25-21
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.
DETAILED SPECIFICATIONS
115 S MLK Jr. Ave. Development 22 RFP/Q #25-21
The stipulated limits of coverage above shall not be construed as a limitation of any
potential liability to the City, and City’s failure to request evidence of this insurance shall
not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’,
representatives’ or agents’) obligation to provide the insurance coverage specified.
RESPONSE ELEMENTS
115 S MLK Jr. Ave. Development 23 RFP/Q #25-21
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, three (3) 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 – Narrative and Vision Statement – Letter of Transmittal. A letter of transmittal should
be submitted that iterates the respondents’ vision for the project and site, including how the
envisioned project will relate to the surrounding area and its benefits to the CRA.
TAB 2 – Developer Experience and Qualifications. Provide the following information:
1. Developer information
a. Legal name and principal office address
b. Telephone number and e-mail address(es)
c. Name of agent representing firm and able to negotiate with the CRA
2. Project team
a. Names and qualifications of all team members, legal counsel, architect, financial
institution, contractor (if known)
b. A statement of the relationship between the developer and any parent company or
subsidiaries that might be involved in the development
3. Experience/Qualifications
Identify the office spaces, restaurants, microbrewery/winery, or attractions that the
Applicant has successfully developed. Provide the name, address, official seating
capacity, and a brief description of each establishment.
TAB 3 – Legal and Financial Feasibility - Developer and Project. Provide the following
financial information:
1. Financial institution reference contact(s)’ names and contact information.
2. Preliminary financial plan to include:
a. Construction Budget detailing total project cost and proposed source(s) of funding
b. Demonstration of developer’s financial capacity to develop the Site
3. A brief description of the various land uses being proposed, including price points of
proposed lease rates for residential and/or retail/office
4. Any incentives desired to improve project feasibility
TAB 4 – Development Concept – Ability to Meet Redevelopment Objectives. Present in both
narrative and visual form the extent of the development proposal for the Site. Drawings may
be “conceptual” in format but should be detailed enough to reflect the scope of the proposed
development. Narrative elements to be addressed include:
a. Height
b. Scale
c. Density and Intensity
d. Any request for units/sq. ft. from the Public Amenities Incentive Pool
e. Square footage of specific land uses
f. Proposed architectural style and material types
g. Site and building orientation
h. Access points and curb cuts
RESPONSE ELEMENTS
115 S MLK Jr. Ave. Development 24 RFP/Q #25-21
i. Breakdown of proposed parking spaces to be allocated for each use
j. Highlight of creative and innovative design solutions
TAB 5 – Proposed Timeline for Construction. Provide the proposed development
schedule/calendar, to include timeline for:
a. Design
b. Review and Permitting
c. Construction
TAB 6 - Other Forms. The following forms should be completed and signed:
a. Exceptions/Additional Materials/Addenda form
b. Vendor Information form
c. Vendor Certification of Proposal form
d. Scrutinized Companies form(s) as required
e. E-Verify Eligibility form
f. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf)
EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA
115 S MLK Jr. Ave. Development 25 RFP/Q #25-21
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
115 S MLK Jr. Ave. Development 26 RFP/Q #25-21
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:
Provide supporting documentation for your certification, if applicable.
VENDOR CERTIFICATION OF PROPOSAL
115 S MLK Jr. Ave. Development 27 RFP/Q #25-21
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
115 S MLK Jr. Ave. Development 28 RFP/Q #25-21
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
115 S MLK Jr. Ave. Development 29 RFP/Q #25-21
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
E-VERIFY ELIGIBILITY FORM
115 S MLK Jr. Ave. Development 30 RFP/Q #25-21
VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM
PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF
ALL NEWLY HIRED EMPLOYEES.
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 Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095.
2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the
work authorization status of newly hired employees.
3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract
registers with and uses the E-Verify system.
4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not
employ, contract with, or subcontract with unauthorized alien.
5. The Contractor must maintain a copy of such affidavit.
6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors
knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c).
7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be
awarded a public contract for at least 1 year after the date on which this Contract was terminated.
8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of
this Contract.
__________________________________________
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
115 S MLK Jr. Ave. Development 31 RFP/Q #25-21
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
SEALED PROPOSAL
Submitted by:
Company Name:
Address:
City, State, Zip:
RFP/Q #25-21, 115 S MLK Jr. Ave. Development
Due Date: April 15, 2021, at 10:00 A.M.
City of Clearwater
Attn: Procurement Division
PO Box 4748
Clearwater FL 33758-4748
--------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
SEALED PROPOSAL
Submitted by:
Company Name:
Address:
City, State, Zip:
RFP/Q #25-21, 115 S MLK Jr. Ave. Development
Due Date: April 15, 2021, at 10:00 A.M.
City of Clearwater
Attn: Procurement Division
100 S Myrtle Ave 3rd Fl
Clearwater FL 33756-5520
---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------
RFP/Q #25-21, Exhibit A – Site Photos
1
Project Aerials
RFP/Q #25-21, Exhibit A – Site Photos
2
Proximity to bay and downtown.
Site looking east.
RFP/Q #25-21, Exhibit A – Site Photos
3
Site looking west.
Site overhead view.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#21-9127
Agenda Date: 5/17/2021 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.6
SUBJECT/RECOMMENDATION:
Authorize the Community Redevelopment Agency (CRA) Director to prepare a Loan to Grant
Agreement with 527-531 Cleveland Street, LLC, in an amount not to exceed $500,000, for
building improvements to implement the CRA Vacancy Reduction Grant Program (Part A) and
authorize the appropriate officials to execute same.
SUMMARY:
The purpose of this item is to request authorization for the CRA Director to prepare a loan to
grant agreement with 527-531 Cleveland Street, LLC in an amount not to exceed $500,000 for
interior and exterior building improvements as part of the CRA’s Vacancy Reduction grant
program (Part A).
Program Background
On April 12, 2021, the CRA Trustees adopted a new grant program to reduce vacancy by
encouraging private investment to establish new, pedestrian generating uses for ground floor,
commercial properties within the CRA district. The program has two parts with a total program
budget of $1 million dollars for 2021 and 2022. Part A funds interior and exterior buildouts of
vacant spaces to attract the following kinds of businesses:
• Retail and restaurant businesses
• Personal Services Industries (e.g., barber and beauty shops, health spas,
dance studios, photography and art studios, tailoring, and other similar
services)
• Galleries, theaters, other cultural and community gathering spaces
Applications must include a concept site plan, interior and exterior concept plans, a narrative
description of the proposed improvements, description of the future tenant/use, project timeline,
and a scope of work with a minimum of two quotes from qualified vendors for completing the
work. The total project cost is determined by the total costs of eligible grant expenses. The
applicant must match the grant amount dollar for dollar on eligible expenses. The maximum
grant amount per project for Part A is $500,000, which requires a total project cost of a
minimum of $1,000,000.
Part B provides additional funding for renovations and the purchase of specialty equipment for
tenants and/or uses that will serve as a unique destination in downtown. This section requires
the applicant submit additional information that illustrates how the proposed tenant will serve as
a catalyst for an increased number of visitors downtown. The maximum grant amount per
project for Part B is $500,000 which requires a total project cost of a minimum of $1,000,000.
Page 1 City of Clearwater Printed on 5/11/2021
File Number: ID#21-9127
Matching funds cannot be counted twice. Any matching funds used for a Part A grant, cannot
be used for Part B grant.
Applicant Request
The applicant has applied for a $1 million dollar grant from the CRA to combine two
buildings, 527-531 Cleveland Street, to renovate approximately 11,000 square feet of
vacant and underutilized space to support a full-service restaurant and six
micro-breweries. One of the breweries will be part of an incubator program. The
estimated total project cost is $2,041,775. The project will be a complete renovation
of two buildings including new facades, new roof, windows, doors, electrical,
mechanical, plumbing, HVAC, floor system and a fire sprinkler system. The current
request does not include any kitchen or brewery incubator equipment.
527-531 Cleveland Street, LLC is the owner of the buildings. They will lease to
Scorpion Hall as the master tenant who will then sub-lease to a restaurant and six
micro-brewers. Scorpion Hall will also provide management services and incubator
training. Daniels Ijakevs is the authorized decision maker for 527-531 Cleveland
Street, LLC and the majority stakeholder in Scorpion Hall. He holds Entrepreneurship
Center Management certification awarded by the International Business Innovation
Association which he anticipates using to design and manage the brewery incubator
program. The applicant believes that five micro-breweries with one “incubated
brewer” is a catalytic use and qualifies for a Part B grant.
Staff Recommendation
The application and supplemental materials for Part A is substantially complete. The proposed
use of a full-service restaurant and micro-breweries, the building improvements and the project
location are consistent with the goals and objectives of the 2018 Downtown Redevelopment
and 2021-2023 CRA Strategy. Specifically:
2018 Downtown Redevelopment Plan -
Objective 1E: Maintain Cleveland Street as Downtown’s Main Street which is valued for its
historic character and pedestrian scale
Objective 2B: Strengthen Cleveland Street, Osceola and Fort Harrison Avenues as local,
pedestrian oriented streets.
Objective 4A: Encourage redevelopment that contains a variety of building forms and styles.
CRA 2021-2023 Strategy:
Focus Area Two: Increase investor confidence
Objectives: 2.A. Attract $50 million dollars in private investment and 2.D. Reduce the number of
ground floor, vacant commercial buildings by 10%
Focus Area Three: Placemaking and Placekeeping
Objective: 3.C. Improve the physical appearance of blighted residential and commercial
properties
The 500 block of Cleveland Street is a highly visible location in downtown and the current
properties need significant improvement. The quality of the proposed improvements and the
tenant mix justify a full Part A grant award. The applicant proposes a financial match from
private equity sources and can meet the required 18-month construction timeline. Staff
recommends establishing grant approval of up to a maximum of $500,000 for the proposed
Page 2 City of Clearwater Printed on 5/11/2021
File Number: ID#21-9127
project and moving forward with developing a grant agreement that would return to the CRA
Trustees for consideration at a future meeting.
The application for Part B is incomplete and staff recommends the applicant consider bringing
forward a complete request once sub-tenants have been identified and any of the information
required on the application form Part B:1 can be provided.
If the CRA Trustees wish to move forward with drafting a five-year loan to grant agreement for
Part A, the following conditions will apply:
1. An accurate project budget including cost estimates and matching funds for eligible interior
and exterior improvements that will establish the final CRA grant amount.
2. A building permit
3. A Clearwater Business Tax Receipt
4. A tenant lease
5. A payment schedule
6. A commitment to a five-year loan to grant agreement secured through one or more of the
following methods:
• A mortgage on the property
• A personal guarantee
• A promissory note
Your approval is recommended.
APPROPRIATION CODE AND AMOUNT:
Funds are available in CRA project code 3887552-R2003 ED-City
Page 3 City of Clearwater Printed on 5/11/2021
1
A. Program Overview
The purpose of the Community Redevelopment Agency (CRA) Vacancy Reduction grant program is to reduce
vacancy in ground floor, commercial spaces by assisting property owners with funding to renovate vacant
spaces for occupancy by uses that generate significant pedestrian foot traffic in downtown. Grants may be
awarded to property owners for exterior and interior improvements to commercial property within the CRA
district. The CRA will fund provide a 50% match towards the total project cost for building improvements that
stay with the building up to a maximum of $500,000 for Part A. Additional funding up to $500,000 will be
available for catalytic uses that serve as a destination in downtown for Part B. The amount of grant funds for
the program will be established by the CRA Trustees on an annual basis. All grant awards are subject to budget
availability and CRA Trustee approval. Applications will be accepted on a rolling basis. The application form is
available at www.downtownclearwater.com.
The Vacancy Reduction grant program directly promotes goals and objectives of the 2018 Clearwater
Downtown Redevelopment Plan, specifically:
People Goals (page 46) – Downtown shall be a place that attracts residents, visitors, businesses, and their
employees and enable the development of community. The City shall encourage a vibrant and active public
realm, recreation and entertainment opportunities and support the community and neighborhoods.
Objective 1E: Maintain Cleveland Street as Downtown’s Main Street which is valued for its historic
character and pedestrian scale.
Urban Design Goal (page 48) – Downtown will be a dynamic built environment of dense and livable patterns
and active and attractive streets through quality urban design and architecture.
Objective 4D: Encourage renovation, restoration, and reuse of existing historic structures to maintain
the character of Downtown’s neighborhoods.
The Vacancy Reduction grant program’s objectives are as follows:
Reduce the number of vacant properties in Downtown Clearwater by bringing older, vacant
properties up to current building and fire codes to allow occupancy
Increase the number of commercial spaces suitable to create new restaurant, retail and cultural
destinations in downtown
City of Clearwater
Community Redevelopment Agency
Vacancy Reduction Grant Program
2
Incentivize the attraction of new businesses that generate pedestrian foot traffic to occupy vacant
or underutilized spaces by reducing the costs of renovation
B. Program Eligibility and Activities
The Community Redevelopment Agency staff will administer the Vacancy Reduction grant program. Funding for
this grant program is based on budget availability and will be considered on a first-come, first-served basis.
Application submission does not guarantee approval. Applications will be reviewed for completeness and
compliance with program criteria to determine eligibility for grant funding. Applications that do not comply with
the program criteria and conditions will not be eligible for funding. No grants will be awarded for work completed
prior to an executed grant agreement. The funding decision of the CRA Trustees is final.
This program is intended to assist with significant renovations that meet a minimum threshold of $300,000 in
total project costs. Smaller projects are encouraged to apply for other CRA grant programs. This program may not
be combined with any other CRA grant program. This program has two parts – Part A for buildout for standard
pedestrian generating uses and Part B additional financial support for unique, destination businesses/uses that
will generate significant visitors to downtown. Property owners can apply for one or both parts of the program.
No more than one grant from this program may be awarded to the same subject property or the same business.
All applications for Part A must meet the following criteria:
1. Property owners may apply for grant funding to support a project that will occur in one or more subject
property(s). The subject property must be a ground floor, commercial or mixed-use property located
within the CRA. The applicant must be the property owner of the subject property(s). Ad-valorem
property tax exempt properties are not eligible (in cases where a portion of the property is tax-exempt,
funding may be made only to the taxable portion/percentage of the property).
2. Property owners may combine adjacent parcels, buildings and/or individual storefronts within a building
to create one grant request. Properties must be vacant at the time of application or leased to a non-
eligible business tenant. If properties are already leased to retail/restaurant businesses, personal service
industries or other eligible business tenants as defined by this grant program, the property cannot
participate in this grant program.
3. Applications must include a concept site plan, interior and exterior concept plans, narrative description of
the proposed improvements, description of the future tenant/use, project timeline, and a scope of work
with a minimum of two quotes from qualified vendors for completing the work. Every project must
include interior improvements. No applications will be accepted with exterior improvements only. The
total project cost is determined by the total costs of eligible grant expenses. Grant funds can only be used
towards eligible expenses. Property owners must match CRA grant funds on a dollar per dollar basis.
Matching funds must be used towards eligible expenses. The maximum grant amount per project is
$500,000, which requires a total project cost of a minimum of $1,000,000. Applicants may spend more
than $1,000,000, however the maximum grant will remain $500,000.
4. The subject property must have an eligible business tenant(s) that will open for business once the building
improvements are complete. Applicants must supply proof of a lease that identifies at least a minimum of
a five-year term and an eligible business tenant. Grants funds must be used to attract the following kinds
3
of businesses as defined in the Downtown Zoning code:
Retail and restaurant businesses
Personal Services Industries (e.g., barber and beauty shops, health spas, dance studios,
photography and art studios, tailoring, and other similar services)
Galleries, theaters, other cultural and community gathering spaces
5. Prior to execution of a grant agreement, the subject property(s) must be free from any liens (except
mortgage liens), judgments, or encumbrances (except easements) of any kind, and all city obligations
must be current.
Part A: Eligible Grant Expenditures
Grant funds must be used to make exterior and interior improvements to the building, that remain with the
building and the site to reduce visual blight and prepare the building for occupancy. The CRA’s general rule for
improvements that qualify towards a property owner's match is that the improvement should remain with the
property. CRA funding may be used for materials and labor costs directly related to the following building
improvements:
ADA requirements
Window/Doors
Interior Water Fountains
Florida Fire Protection Code Requirements
Mechanicals and HVAC systems
Plumbing and electrical, including utility connections and upgrades
Structure stabilization (repair and replacement of foundations, footers, load bearing walls, roofing
systems)
Room and space reconfiguration including wall relocations
Energy efficiency improvements
Outdoor hardscape improvements and lighting
Exterior Signage
Painting (including exterior murals)
General exterior surface repairs, new roof, or roof repairs
Siding Materials
Minor site improvements, e.g., driveway repair, re-striping parking lot
All applications for Part B must meet the following criteria:
1. Property owners may apply for grant funding to support a project that will occur in one or more subject
property(s). The subject property must be a ground floor, commercial or mixed-use property located
within the CRA. The applicant must be the property owner of the subject property(s). Ad-valorem
property tax exempt properties are not eligible (in cases where a portion of the property is tax-exempt,
funding may be made only to the taxable portion/percentage of the property).
2. Property owners may combine adjacent parcels, buildings and/or individual storefronts within a building
to create one grant request. Properties must be vacant at the time of application or leased to a non-
eligible business tenant. If properties are already leased to retail/restaurant businesses, personal service
4
industries or other eligible business tenants as defined by this grant program, the property cannot
participate in this grant program.
3. The subject property must have an eligible business tenant(s) that will open for business once the building
improvements are complete. Tenants must have a minimum of a five-year lease from the issuance of a
Certificate of Occupancy. Grants funds must be used to attract the following kinds of businesses as
defined in the Downtown Zoning code:
Retail and restaurant businesses
Personal Services Industries (e.g., barber and beauty shops, health spas, dance studios,
photography and art studios, tailoring, and other similar services)
Galleries, theaters, other cultural and community gathering spaces
In addition to meeting the basic criteria above, the applicant must illustrate how the proposed tenant will
serve as a unique destination in downtown. For example, an award-winning chef or dining concept that
would be new in downtown or a cultural attraction with an established audience. The applicant will be
asked to submit the following information to show evidence of the tenant’s ability to generate significant
visitors:
Awards, press etc. recognizing the idea/business ability to generate visitors
Previous financial success of the tenant or development team
Partnerships with state and federal organizations
Evidence that the idea/business is unique in this region
Financial performance and visitor data of the idea/business in other places
4. Applications must include a concept site plan, interior and exterior concept plans, narrative description of
the proposed improvements, description of the future tenant/use, project timeline, and a scope of work
with a minimum of two quotes from qualified vendors for completing the work. Depending on the type of
business/tenant proposed additional information will be required including, but not limited to, a narrative
description of why the use is destination worthy, the total project costs and sources of funding, a multi-
year pro forma for the business operations and breakdown of grant expenditures that will stay with the
building versus any funds for specialty equipment.
5. The maximum grant available for Part B is up to $500,000 per project with a 50% match from the property
owner to attract and maintain the unique, destination use. For Part B, the property owner can match the
CRA grant funds in the following ways any construction costs, rent abatement for the tenant, and any Part
B eligible expenditures. Matching funds cannot be counted twice. Any matching funds used for a Part A
grant, cannot be used for Part B grant. CRA grant funds can only be used towards eligible expenses.
6. Prior to execution of a grant agreement, the subject property must be free from any liens (except
mortgage liens), judgments, or encumbrances (except easements) of any kind, and all city obligations
must be current.
Part B: Eligible Grant Expenditures
In addition to the eligible expenditures in Part A, grant funds under Part B can be used to purchase specialty
equipment needed to support the catalytic uses. Applicants will need to provide a narrative description to show
5
how the specialty equipment will be used by the proposed tenant. Some examples include, but are not limited to:
Stages
A/V equipment
Machinery for certain food/drink production or other kinds of equipment that needs to be installed to
support a unique business
Specialty Lighting
C. Grant Process for Part A and Part B:
Property owners first complete a grant application. CRA staff reviews the application for funding eligibility.
Once an application is determined complete and in compliance with the grant program, CRA staff will
prepare a grant agreement that outlines the proposed funding amount, total project costs, project timeline
and scope of work for consideration by the CRA Trustees. The application form is available at
www.downtownclearwater.com.
Application Submission
1. Applications can be submitted via email, in person, or postal services. The applicant must meet with the
CRA staff. Staff will provide the applicant with general guidance on proposed project and if the project
qualifies for grant funds for submission. Incomplete applications will not be accepted.
2. Each application will be reviewed according to the following criteria:
• Consistency with the goals of the Downtown Redevelopment Plan
• Feasibility of the proposed scope of services and timeline
• Ability to meet the program objectives, legal and financial requirements of the grant
program
3. If the application is approved by the CRA Director, the funding request and proposed grant agreement will
be considered at a regularly scheduled CRA public hearing. The CRA Director will recommend a funding
amount and other conditions based on the applicant’s request in the form of a proposed grant agreement.
The CRA Trustees may choose to approve, modify or deny the CRA Director’s recommendation. After the grant
agreement has been approved by the CRA Trustees and has been signed, the applicant may begin work on the
project. The CRA Trustee’s decision is final.
Project Timeline
Building permits must be obtained prior to the execution of a grant agreement. Any work requiring a permit must
be performed by a licensed and insured contractor and comply with the Downtown Design Guidelines of the City
of Clearwater Code of Ordinances. The applicant must obtain a Certificate of Occupancy and the tenant must be
open for business within 18 months from the execution of the grant agreement. The CRA Director has the
authority to extend time limits for up to six months for project completion based on extenuating circumstances.
Grantees must request an extension in writing and if approved, an amendment to the grant agreement will be
executed.
Financial Security
The CRA will require the property owner to commit to a five-year loan to grant agreement secured through
one or more of the following methods:
6
A mortgage on the property
A personal guarantee
A promissory note
For Part A grants, if a tenant goes out of business in less than five years, the property owner will have six
months to replace the tenant with any eligible business under this grant program. For Part B grants, if a
tenant goes out of business in less than five years, the property owner will have nine months to find a similar
tenant or will have to seek approval to amend the grant agreement from the CRA Trustees for another
eligible use. The five-year loan to grant agreement requires a full five years of occupancy by an eligible
tenant.
Payment Process
Grant funds will be disbursed by the CRA to the applicant on a reimbursement basis for eligible project
expenses. CRA staff must review and approve all reimbursement requests. Applicants must submit paid
invoices as proof of payment. The CRA will reserve 10% of the total grant amount until after the CO has been
received and the tenant has opened for business. The CRA Director has the authority to modify the payment
process based on extenuating circumstances as outlined in the grant agreement.
D. Next Steps
If you are interested in learning more about the Vacancy Reduction grant program please visit
www.downtownclearwater.com or contact Howard Smith at howard.smith@myclearwater.com.
Scorpion Hall is a hybrid collaborative ecosystem that combines a unique hands-on learning
experience with real-life commercial applications. Our fundamental goal is to improve the local
economic and social conditions of Downtown Clearwater. In the current climate, there are about a
dozen Tampa Bay destinations (Hyde park village, Sparkman wharf, Ybor City, Clearwater Beach, St
Pete Beach, Sponge Docks in Tarpon Springs, Dunedin downtown, River Walk, John's Pass, to name a
few) that are amongst the favorite choices for locals and visitors to spend their free time during the
weekdays or the weekends. Downtown Clearwater is not one of them.
Historically, Downtown Clearwater lacked a diversity of entertainment options that would appeal to
residents' greater communal and social needs. Scorpion Hall will transform the sleepy 500 block into
a vibrant area of the downtown by improving the physical appeal of the 500 block on The District
and contribute to the economic development and prosperity of the Clearwater CRA Area.
Scorpion Hall is a destination space that features 6 breweries under one roof and a chef-driven
restaurant. 5 of the featured breweries will be anchor tenants with at least one existing brick and
mortar location in Florida or a minimum of 2 years of experience in the industry. The sixth brewery
will be an incubator that will serve as a platform for less experienced or homebrewers to learn in a
natural setting to craft beer. Our mission is to build a learning environment geared towards the
growth and development of craft beer startups with the hope that we will continue growing the
number of new brewers in downtown clearwater through an organic local approach.
We aim to attract and retain talent in the area through job creation by reducing the brain drain
resulting from the lack of opportunities. Our 11,000 SQ FT of indoor-outdoor space will provide a
safe, friendly, comfortable atmosphere where customers can receive quality food and beverages
service at an affordable price. Foremost, we will run a business that will succeed in revenue and size
and have a landmark impact locally and regionally, while offering domestically produced products
and encourage patrons to shop and stay local. Customers will be able to enjoy a variety of craft
brews made in front of their eyes, meet their friends, spend time with family or simply enjoy their
experience in Downtown Clearwater amongst the people that share the same passion for unique
experiences.
PAGE 1
PROJECT DESCRIPTION
PROJECT:
ADDRESS:
OWNER:
DATE:
SCORPION HALL INCUBATOR
529 CLEVELAND STREET, CLEARWATER, FL 33755
527-531 CLEVELAND, LLC
04/23/2021
MARKET OPPORTUNITY
In the Clearwater Downtown core and within a 1-mile radius, there are ZERO breweries. In
comparison, the downtowns of the neighboring cities of Dunedin and St. Petersburg have seven and
nine breweries respectively. The City of Clearwater has a total of five breweries within its City limits,
clearly showing the gap in the market and thus major opportunity to meet the growing market
demand.
Increases in population size and visitation directly impacts demand and the rate of consumption of
any product. By comparison, the City of Dunedin is 3 times smaller than the City of Clearwater,
however, has a higher density of craft breweries within a reasonable walkable distance. There is a
significant void in the Clearwater Food and Beverage Consumer Market that the Scorpio Hall is
readily able to fill.
TARGET MARKET
Scorpion Hall will focus on providing exclusive craft beer selections to over 16k residents and 3k
employees within the Clearwater Downtown vicinity. This includes but is not limited to government
staff, technology workers and corporate professionals.
Our most important group of potential customers are those in the urban areas who often meet
after-hours to socialize and update one another on local news. These are potential customers who
want to have an enjoyable time while drinking a quality refreshing beverage at a reasonable price.
Scorpion Hall will also appeal to the foreign and local tourists who are often seeking unique local
destination experiences.
FLORIDA CRAFT BEER SALES AND PRODUCTION STATISTIC 2019
PAGE 2
“State Craft Beer Sales & Production Statistics, 2019.” Brewers Association, 13 Aug. 2020, www.brewersassociation.org/statistics-and-data/state-craft- beer-stats/
?state=FL/.
WHO ARE OUR TENANTS
Qualified tenants will be hand selected with a prior experience as operators and owners of food or
drinking establishment for at least one year and are now looking to expand into the craft brewery
business or want to have onsite facilities to grow their business, as well as homebrewers with the
same amount of experience in the industry that wants to elevate their skills and business knowledge
to create a brick-and-mortar business in the future.
TURNKEY OPERATION
Our facilities will be turn key equipped with both restaurant and brewery equipment. The brewery
tenants will share one standard brewhouse system but will be provided with their own unitanks
(Unitanks combine the features of a fermenter and a brite tank, allowing brewers the ability to
ferment or carbonate their beer in a single vessel). At the same time, we will supply the restaurants
with all the necessary equipment to run a fully functional kitchen.
INTERNATIONAL BUSINESS INNOVATION ASSOCIATION (InBIA)
We are qualified and certified through InBIA to run incubator spaces. As a part of the incubator
agreement, the five (5) established tenants will be required to collaborate and assist the incubator
tenant, including teaching how to operate the equipment, assisting in establishing their product as
well as working on various joint promotions, collaborations, new product launches, limited edition
launches, etc. (See "EXHIBIT D" for more information on InBIA).
COLLABORATION WITH LARGER BREWING FACILITIES
The ownership of the Scorpion Hall is highly capable and qualified to run an incubator. Daniels
Ikajevs is certified by InBIA (world/s largest incubator organization) to run incubator spaces in
various business sectors. Scorpion Hall plans to work on collaboration agreement with a brew
production and bottling facility to provide our brewers with an access to large scale beer production
and distribution. As part of this agreement, we will also be creating an online educational program
that will deliver a series of classes that will focus on various aspects of brewing, i.e., brewery safety
standards and hazards, Clean-In-Place (CIP) practices and safety, production brewhouse operations,
pump assembly, and standard errors, general cleaning, and sanitization.
CRAFT BEER COLLABORATIONS
Brewing beer is a collaborative process by nature, and craft brewers love to collaborate on joint
creations and limited-edition releases, which under one roof makes it much easier to achieve this
goal.
INCUBATOR PROGRAM
Each incubator program will run for approximately 6 to 8 months. We aim to graduate 3 breweries
every 2 years. This means that in 5 years, we expect that approximately 7 to 8 breweries will
graduate from our program. After our brewer's graduate, they would have amassed a vast amount
of knowledge on various aspects of beer production and the management of a micro-brewing
facility. They would have also gained a significant amount of recognition and customer following. Our
program will increase the brewer's probability of success when they eventually graduate and open
their own brick and mortar location.
Our program and collaborations are designed to facilitate the growth from a homebrewer to a
small-scale producer and eventually to a large-scale producer.
PAGE 3
PROJECT LOCATION
The project is located in the heart of Downtown Clearwater. The specific address assigned to this
project is 529 Cleveland Street, Clearwater, FL. The exact outline of the building can be found in
Exhibit “A” attached hereto.
ANTICIPATED MILESTONE DATES
CRA Public Hearing: May 17
Anticipate Construction Mobilization: October 15th
Anticipated Construction Completion: 9 months
COST OF PROPOSED IMPROVEMENTS: $2,041,775.00
David A Schmitt Jr Building Contractor Inc: $2,041,775.00
Seaberg Builders Inc: $2,164,884.80
The actual bids can be seen in Exhibit “B” attached to this document.
REQUESTED GRANT AMOUNT: $1,000,000.00
PAGE 4
PROJECT "BEFORE" PHOTOS
Photos of the current project conditions can be seen in Exhibit “C” attached to this document.
INVESTMENT SOURCE: Private Equity
PAGE 5
EXHIBIT "A"
PAGE 6
EXHIBIT "A"
PAGE 7
EXHIBIT "A"
PAGE 8
EXHIBIT "B"
PAGE 9
EXHIBIT "B"
PAGE 10
EXHIBIT "B"
PAGE 11
EXHIBIT "B"
PAGE 12
EXHIBIT "B"
PAGE 13
EXHIBIT "C"
PAGE 14
EXHIBIT "C"
PAGE 15
EXHIBIT "C"
PRO FORMA
PAGE 16
InBIA is a global non-profit with over 1,200 members that lead entrepreneurship support
organizations in 30 countries. InBIA provides industry best practices through education while
enabling collaboration, mentorship, peer-based learning, and the sharing of innovative ideas for
entrepreneurs across the globe. We are the largest member-based entrepreneurial support
network in the world. For over 30 years, InBIA has remained the leader in providing the best industry
resources for building thriving entrepreneurial ecosystems through sustainable entrepreneurial
programs across a wide scope of industries and disciplines. We are the go-to organization for
business incubators, accelerators, coworking spaces, and other entrepreneurship support
organizations who are dedicated to nurturing the unique startups in their communities.
https://inbia.org
ENTREPRENEURSHIP CENTER MANAGEMENT (ECM) CERTIFICATE PROGRAM
An Entrepreneurship Center Management Certificate (ECM) is the premier industry credential for the
staff of incubators, accelerators, co-working spaces, small business development centers, and other
entrepreneurship programs.
https://inbia.org/training-and-education/ecm/
PAGE 17
EXHIBIT "D"
INTERNATIONAL BUSINESS INNOVATION ASSOCIATION
527-531
CLEVELAND STREET, LLC
BREWERY 5 RESTAURAUNT
SCORPION
HALL
BREWERY 1 BREWERY 4 BREWERY 3BREWERY 2
INCUBATOR
BREWERY
Leases
Sub-Leases
Support Services
Support Services
Management Training
Advisory Services
Access to capital sources
Assistance with core business operations
Access to free brewery space and equipment
PAGE 18
Access to free equipment Access to free equipment