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01/12/2023Thursday, January 12, 2023 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda January 12, 2023City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following two options: 1) eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. Comments received during the meeting will become part of the official record, if posted prior to the closing of public comment. The City Clerk will read received comments into the record. 2) Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5:00 p.m. the day before the meeting (January 11) will become part of the official record. The City Clerk will read received comments into the record. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 January Service Awards 4.2 ARC Tampa Bay Foundation - 2022 Festival of Trees Presentation - Kim Cole, Director of Special Events and Marketing 4.3 2022 Citywide Big Cleanup Presentation - Calleigh Ross, Volunteer Specialist 4.4 Neighborhood and Affordable Housing Advisory Board Annual Presentation - Camille Hebting, Chair Page 2 City of Clearwater Printed on 1/10/2023 January 12, 2023City Council Meeting Agenda 5. Approval of Minutes 5.1 Approve the minutes of the December 15, 2022 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Approve settlement of workers’ compensation claims for payment of $230,000 to David Dalton, inclusive of attorney fees and costs with a general release of all claims, plus an additional $8,888 reimbursement of out-of-pocket medical expenses, and authorize the appropriate officials to execute same. (consent) 7.2 Approve an indemnification agreement between Enchantment, LLC, located at 400 Gulf Boulevard, Indian Rocks Beach, Florida, and the City of Clearwater Police Department for the purpose of hosting a training event on January 25, 2023 and authorize the appropriate officials to execute same. (consent) 7.3 Approve a Construction Manager at Risk (CMAR) contract and pre-construction phase proposal with J. Kokolakis Contracting Inc., of Tarpon Springs, FL for the Beach Marina Replacement (21-0008-MA) in the amount of $99,264 pursuant to Request for Qualification (RFQ) 19-22 and authorize the appropriate officials to execute same. (consent). 7.4 Accept the annual report of the status of Transfers of Development Rights (TDRs). (consent) 7.5 Approve a work order to Jones Edmunds and Associates, Inc. of Tampa, FL, for the East WRF Screw Pump Replacement project (22-0028-UT), in the amount of $216,585, pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Continuing Services (EOR), and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 1/10/2023 January 12, 2023City Council Meeting Agenda 7.6 Authorize a purchase order to Odyssey Manufacturing Company of Tampa, FL, for Liquid Sodium Hypochlorite in the annual not-to exceed amount of $1,200,000 for the period of January 17, 2023 through January 16, 2024, with two one-year renewals at the City’s discretion and authorize the appropriate officials to execute same. (consent) 7.7 Set interim salary increase for Interim City Manager Jennifer Poirrier at 20%. (consent) 7.8 Appoint Lindsay Dicus-Harrison to the Neighborhood and Affordable Housing Advisory Board, as the citizen who is actively engaged as a real estate professional in connection with affordable housing, with a term to expire June 30, 2026. (consent) 7.9 Appoint Robert Kantor to the Sister Cities Advisory Board with a term to expire January 12, 2027. (consent) 7.10 Approve an agreement with Van Scoyoc Associates, Inc. to provide lobbying services at the federal level from January 12, 2023 through December 31, 2027 at a cost of $7,500 per month, plus estimated expenses of $3,000, not to exceed $93,000 per year, and authorize the appropriate officials to execute same. (consent) 7.11 Authorize the City Attorney to hire Dayes Law Firm, PLLC to represent individual city employees in civil claims arising under 42 U.S.C. 1983 in which the City Attorney's Office has a conflict of interests, or in which in-house defense of the claim is impractical due to workload, approve the Legal Services Agreement and authorize the appropriate officials to execute same. (consent) 7.12 Approve First Amendment to the Property Exchange Agreement between the City and PSTA, extending the deadline to finalize and approve the leaseback agreement provided for in the Exchange Agreement, approve the lease between the City and PSTA, and authorize the appropriate officials to execute same. (consent) Public Hearings - Not before 6:00 PM Page 4 City of Clearwater Printed on 1/10/2023 January 12, 2023City Council Meeting Agenda 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Declare as surplus, a certain portion of real property located at 1000 N. Hercules Avenue, for the purpose of the City of Clearwater entering into a lease and property operation agreement with FlyUSA PV, LLC for an initial term of five years with one five-year unilateral renewal option, at the discretion of FlyUSA PV, LLC, and four subsequent five-year renewal options subject to mutual agreement of both parties; and authorize the appropriate officials to execute same. (APH) 8.2 Approve amendments to the Clearwater Comprehensive Plan Utilities Element to address the City of Clearwater’s Potable Water Supply Facilities Work Plan (2022-2032 Planning Period) and pass Ordinance 9637-23 on first reading. (CPA2022-10001) 8.3 Approve the North Greenwood Community Redevelopment Area Plan and adopt Resolution 23-01. 8.4 Approve establishing a Redevelopment Trust Fund for the North Greenwood Community Redevelopment Area and pass Ordinance 9642-23 on first reading. 8.5 Continue to February 16, 2023: Approve amendments to the Clearwater Comprehensive Plan to address the creation of a new Parks and Recreation impact fee system and pass Ordinance 9638-23 on first reading. (CPA2022-10002) 8.6 Continue to February 16, 2023: Approve amendments to the Clearwater Community Development Code to replace Chapter 54 in its entirety with a revised Chapter 54, creating a new Parks and Recreation impact fee system and pass Ordinance 9639-23 on first reading. (TA2022-10002) 9. City Manager Reports 9.1 Approve amendments to the Clearwater Code of Ordinances clarifying and repealing certain Business Tax Receipt Categories for seasonal sales and itinerant merchants and vendors at shows or markets and pass Ordinance 9644-23 on first reading. Page 5 City of Clearwater Printed on 1/10/2023 January 12, 2023City Council Meeting Agenda 9.2 Approve an Airpark Lease and Property Operation Agreement between the City of Clearwater (City or Lessor) and FlyUSA PV, LLC (Lessee), for an initial five-year term through February 29, 2028, with one five-year unilateral renewal option, at the discretion of FlyUSA PV, LLC, and four subsequent five-year renewal options subject to mutual agreement of both parties; and authorize the appropriate officials to execute same. 9.3 Appoint an individual to the Airpark Advisory Board to fill the remainder of an unexpired term through April 30, 2025. 9.4 Appoint an individual to the Municipal Code Enforcement Board to fill a term through January 12, 2026. 9.5 Delegate the powers to negotiate municipal code enforcement liens to the Municipal Code Enforcement Board and adopt Resolution 23-03. 10. City Attorney Reports 10.1 Discuss plat and subdivision relating to school construction at 2465 Nursery Road. 11. Closing comments by Councilmembers (limited to 3 minutes) 12. Closing Comments by Mayor 13. Adjourn Page 6 City of Clearwater Printed on 1/10/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1342 Agenda Date: 1/12/2023 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: January Service Awards SUMMARY: 5 Years of Service Stephen Willis Parks and Recreation Wioletta Dabrowski Public Works Jamie Lascko Finance/Risk David Bayer Parks and Recreation David Scrivener Parks and Recreation Joel Delatorre-Castellanos Police Kyle Bingham Police Michael Diaz Police Justin Buis Police Gregory Bowen Human Resources 10 Years of Service Brian Lennon Public Works Clifton Whitaker Gas 15 Years of Service Amelia Cruz Finance/Utility Customer Service Valerie Mathre Library David Melton Public Works 20 Years of Service Stacy Reilly Gas Andrew Rawlins Parks and Recreation Page 1 City of Clearwater Printed on 1/10/2023 File Number: ID#22-1342 25 Years of Service John Connor Police Stephen Wannos Police Page 2 City of Clearwater Printed on 1/10/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1408 Agenda Date: 1/12/2023 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: ARC Tampa Bay Foundation - 2022 Festival of Trees Presentation - Kim Cole, Director of Special Events and Marketing SUMMARY: Page 1 City of Clearwater Printed on 1/10/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1407 Agenda Date: 1/12/2023 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.3 SUBJECT/RECOMMENDATION: 2022 Citywide Big Cleanup Presentation - Calleigh Ross, Volunteer Specialist SUMMARY: Page 1 City of Clearwater Printed on 1/10/2023 |1CITY OF CLEARWATER The Big Cleanup Clearwater 2022 |2CITY OF CLEARWATER 2022 Event Overview November 7-12, 2022 •Citywide cleanup •Local businesses, organizations, neighborhood groups participated by hosting cleanups |3CITY OF CLEARWATER Thank you to our project partners |4CITY OF CLEARWATER Thank you to our sponsors |5CITY OF CLEARWATER 2022 Community Group Participants •Betty Lane Neighborhood Group •BLDG 28 Church •Boy Scouts Troop 413 •CHA Companies •Church of Scientology •Church of the Ascension •Clearwater Alumnae Chapter of Delta Sigma Theta •Clearwater Beach Neighborhood Association •Clearwater Beach Recreation •Clearwater High School •Clearwater Historical Society •Clearwater Marine Aquarium •Clearwater Special Events & Athletics Department •Clearwater Threshers •Community Service Foundation •Countryside Recreation •Courtney Campbell Causeway Cleanup Crew •Cub Scouts Pack 135 •Duke Energy •Edgewater Drive Neighborhood Association •Floating Lotus SUP •Flynn Management •Friends and Family of Safety Harbor •Girl Scout Troops 60901 & 60929 •Grace Church •Hercules Sealing Products •Hyatt Clearwater Beach Staff •Island Estates Civic Association •KnowBe4 •Leila Davis Elementary School All Pro Dads •Long Center •Lotz of Blessings •Masonite •MIMA Neighborhood Association •Moccasin Lake Nature Park •Morningside Recreation •Mt. Olive Youth and Young Adult Group •Nancy Currey and Family •Plaza Park Neighborhood Association •Ruth Eckerd Hall •Saint Paul’s School •SKANSKA •Spring Branch Neighborhood Association •St. Cecelia’s Interparochial School •St. Petersburg College •VFW Post 10304 •Visit St.Pete/Clearwater |6CITY OF CLEARWATER Cleanup Statistics •52 Cleanup sites •1,056+ volunteers •7,372.76 lbs of litter collected •11.2 miles of shoreline cleaned |7CITY OF CLEARWATER Adopting Ocean-friendly Practices •Cleanups are important! •Individual efforts sum to massive, positive changes for the ecosystem •Adopt a preventive measure of ocean-friendly practices |8CITY OF CLEARWATER |9CITY OF CLEARWATER |10CITY OF CLEARWATER Save the Date: The Big Cleanup Clearwater 2023 Join us for monthly Friday cleanups at Bob Heilman’s Beachcomber! Visit www.thebigcleanupclearwater.com to register. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1414 Agenda Date: 1/12/2023 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Neighborhood and Affordable Housing Advisory Board Annual Presentation - Camille Hebting, Chair SUMMARY: Chair Hebting will provide a review of NAHAB’s recent work and priorities for 2023. Page 1 City of Clearwater Printed on 1/10/2023 NAHAB CHAIR PRESENTATION to the Clearwater City Council OUTLINE Challenges during past years Evolution of the board Opportunities for improvement Projects CHALLENGES DURING PAST YEARS Affordable housing was already lacking (2019) COVID pandemic posed obvious additional challenges Current economy is making affordable housing even more sparse $239,831 $248,878 $269,914 $323,462 $358,103 $223,844 $229,761 $268,739 $339,063 $402,618 $200,000 $250,000 $300,000 $350,000 $400,000 Dec-18 Dec-19 Dec-20 Dec-21 Nov-22 Single Family Home Values US Clearwater Source: https://www.zillow.com/research/data/ $1,529 $1,586 $1,603 $1,864 $2,008 $1,366 $1,431 $1,523 $1,965 $2,108 $1,000 $1,200 $1,400 $1,600 $1,800 $2,000 $2,200 Dec-18 Dec-19 Dec-20 Dec-21 Nov-22 Rental Rates (All Types) US Tampa-St. Pete-Clearwater MSA Source: https://www.zillow.com/research/data/ EVOLUTION OF THE BOARD Make up of the board OPPORTUNITIES We will continue to work with our community partner agencies, and introduce more synergies We want to improve marketing and impact of each dollar We want to start working more closely with developers, cities, and agencies PROJECTS Work with Planning and Development Explore creative ways to create more supply (density, ADUs, etc.) Host a symposium For developers, agency partners, and other stakeholders to collaborate more effectively Interact with the public Pushing marketing efforts and surveying residents about meeting times NAHAB CHAIR PRESENTATION to the Clearwater City Council Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1428 Agenda Date: 1/12/2023 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the December 15, 2022 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 1/10/2023 City Council Meeting Minutes December 15, 2022 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, December 15, 2022 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes December 15, 2022 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Frank Hibbard, Vice Mayor Kathleen Beckman, Councilmember David Allbritton, Councilmember Mark Bunker and Councilmember Lina Teixeira Also Present: Michael Delk – Assistant City Manager, Jennifer Poirrier – Assistant City Manager, David Margolis – City Attorney, Rosemarie Call – City Clerk and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Hibbard The meeting was called to order at 6:00 p.m. 2. Invocation – Mayor Hibbard 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 December Service Awards One service award was presented to city employees. 5. Approval of Minutes 5.1 Approve the minutes of the December 1, 2022 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Allbritton moved to approve the minutes of the December 1, 2022 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Mark Birenbaum opposed the proposed charter school at Nursery Road Draft City Council Meeting Minutes December 15, 2022 Page 3 City of Clearwater and expressed concerns with the plat notice. Mr. Holuba said in order to have a letter of reprimand drafted for a Clearwater officer, he must petition the Clearwater Police Chief. He requested the Police Chief to draft a reprimand letter for Bylynn Hatcher. 7. Consent Agenda – Approved as submitted. 7.1 Approve the contract with Pinellas Community Foundation (PCF) in an amount of $1,000,000 of ARPA funds for distribution to organizations to provide services for housing and social service needs and authorize the appropriate officials to execute same. (consent) 7.2 Approve a contract (purchase order) with Toole Design Group, LLC, in the amount of $268,735 to develop a new parks and recreation master plan, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback (Forward Pinellas Planning Consultants 20-01), and authorize the appropriate officials to execute same. (consent) 7.3 Approve purchase orders to ErgoFlex Systems, Inc. dba Xybix Systems, Inc. of Littleton, CO and Concept Seating Government, LLC of Brookfield, WI for the purchase and installation of dispatch consoles and workstations, specialty chairs, and new carpet at the Clearwater Police Department Communication Center in the amount of $430,583.35, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and Section 2.563 (1)(d), Non-competitive purchases, and authorize the appropriate officials to execute same. (consent) 7.4 Approve the final plat for Airport Drive Villages located at 514 Brandon Avenue. (consent) 7.5 Authorize purchase orders to Bureau Veritas North America of St. Cloud, FL, C.A.P. Government, Inc. of Coral Gables, FL, Joe Payne Inc. of Tampa, FL and Quorum Services of Tampa, FL for code inspection and plan review services in the cumulative not-to-exceed amount of $500,000.00, from January 1, 2023 through September 30, 2023, and a cumulative annual not-to-exceed amount of $850,000.00 for the three one-year term extension renewals pursuant to Invitation to Bid No. 02-23, Code Inspection and Plan Review Services, and authorize the appropriate officials to execute same. (consent) 7.6 Approve the acceptance of federal grant funds from Federal Emergency Management Agency (FEMA), Florida Division of Emergency Management (FDEM) Hazard Mitigation Grant Program (HMGP) in the amount of $462,000.00 in federal funds and approve a required local match of $154,000.00 by the City to provide protection to eight lift stations in Clearwater, FL. and authorize the appropriate officials to execute same. (consent) 7.7 Authorize purchase orders to Ferguson US Holdings, Inc. dba Ferguson Enterprises LLC Draft City Council Meeting Minutes December 15, 2022 Page 4 City of Clearwater of Newbury, FL, Badger Meter Inc. of Milwaukee, WI and Consolidated Pipe and Supply Company, Inc. of Birmingham, AL, for the supply of potable and reclaimed water meters, in an annual not-to-exceed amount of $428,685.00 with the option for two, one-year extensions pursuant to Invitation to Bid 50-22, Potable and Reclaimed Water Meters, and authorize the appropriate officials to execute same. (consent) 7.8 Authorize a purchase order to Chemtrade Chemicals US LLC of Parsippany, NJ, for Liquid Aluminum Sulfate in an annual not-to-exceed amount of $175,000.00 for the period of December 20, 2022 through December 19, 2023, with the option for two, one-year renewals at the City’s discretion, pursuant to Invitation to Bid 03-23, Liquid Aluminum Sulfate, and authorize the appropriate officials to execute same. (consent) 7.9 Approve an amendment to that certain Service and Access Agreement and Schedule D therein (now known as the Site License Agreement and formerly known as the Tower Lease) dated June 2, 2002 (Agreement), between L3Harris Corporation of Lynchburg, VA, (successor in interest to MA/COM) and the City of Clearwater, providing for an additional three-month extension through March 31, 2023, authorize the associated purchase order in a not-to-exceed amount of $83,000.00, and authorize the appropriate officials to execute same. (consent) Vice Mayor Beckman moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve of the City of Clearwater’s Fiscal Year 2021-2022 Consolidated Annual Performance and Evaluation Report (CAPER). (APH) The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report documenting the City’s expenditures for Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs to the U.S. Department of Housing and Urban Development (HUD). For Fiscal Year (FY) 2021-2022, the City’s entitlement allocation was $922,626 in CDBG and $452,259 in HOME program funds, $963,862 of Prior Year funds, $1,695,850 of Program Income and $1,777,795 in CDBG Revolving Loan funding for a total budget of $5,812,392 from federal funds. Through the CDBG and HOME program activities, total expenditures were Draft City Council Meeting Minutes December 15, 2022 Page 5 City of Clearwater $1,375,885 in FY 2021-2022. Funds not expended from this year’s budget will be programmed in future years. In addition to reporting activities carried out with federal money, a summary of activities conducted with the Florida State Housing Initiatives Partnership (SHIP) Program and Pinellas County Housing Trust Fund (PCHTF) Program is also included in the narrative section. For FY 2021-2022, SHIP fund expenditures totaled $940,350 and PCHTF fund expenditures totaled $48,400. The report provides HUD with necessary information for the Department to meet its requirement to assess each grantee’s ability to carry out relevant Community Planning and Development programs in compliance with all applicable rules and regulations. It also provides information necessary for HUD’s Annual Report to Congress, and it provides grantees an opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and in meeting objectives stipulated in their Consolidated Planning document. The City of Clearwater’s FY 2021-2022 CAPER contains information on the City’s assessment of the following activities: - Assessment of Five-Year Goals and Outcomes - Resources and Investments - Affordable Housing - Homeless and Other Special Needs - Public Housing - Other Actions to Address Barriers to Affordable Housing - Monitoring - CDBG - HOME A list of notable accomplishments utilizing federal, state, and local funds for FY 2021-2022 include: - Provided seven down payment & closing cost assistance loans totaling $296,300. - Completed the rehabilitation of seven multi-family rental units at Lexington Club at Renaissance Square with a total cost of $300,000. - Expended $595,172 for 14 Public Facilities projects. Facility improvements were made to the following: St. Vincent de Paul Community Kitchen and Resource Center rehabilitation, Clearwater Martin Luther King, Jr. Neighborhood Center Coalition’s MLK Jr. Community Center rehabilitation, R’Club Child Care’s Gateway and Breeden Early Learning Academy renovations, Clearwater Neighborhood Housing Services business center roof rehabilitation, Directions for Living’s exterior safety and security improvements, Homeless Emergency Project’s (HEP) affordable supportive housing improvements, City of Clearwater’s Belmont Park improvements, Miracles Outreach Community Development Center’s youth group home rehabilitation, The Arc Tampa Bay’s facility rehabilitation, Homeless Emergency Project’s (HEP) Adult homeless shelter Draft City Council Meeting Minutes December 15, 2022 Page 6 City of Clearwater (Phase 4); RCS Pinellas’ Food Bank; Salvation Army’s Mallory Powell Social Services Campus, and Directions for Living’s headquarters facility. - Expended $166,500 for operational support for 8 Public Service providers. Funds were used for salary support for The Kimberly Home’s Transitional Housing Program, case management for St. Vincent de Paul’s Community Kitchen & Resource Center, Gulfcoast Legal Services, Intercultural Advocacy Institute, Pinellas Ex-offender Re-entry Coalition, WestCare-Florida’s Turning Point facility, Hope Villages of America, and Pinellas Opportunity Council’s senior services. In addition, the City expended $100,119 in CDBG-CV funds for COVID-19 public services for Tampa Bay Community Development Corporation’s rent/utility assistance, Directions for Living’s case management for seniors at Prospect Towers, and Homeless Leadership Alliance of Pinellas’ housing navigation. - Provided $107,063 for technical assistance services to Hispanic Business Initiative Fund of Florida, Inc. dba Prospera and Tampa Bay Black Business Investment Corporation that assisted 18 entrepreneurs and businesses. - Provided $26,325 to two organizations to deliver homeownership education and counseling to assist 151 Clearwater residents: Clearwater Neighborhood Housing Services and Tampa Bay Community Development Corporation. - Contributed $100,000 through the city’s General Fund to Pinellas Safe Harbor; $50,000 to Homeless Emergency Project, Inc.; $25,000 to the Homeless Leadership Alliance; $40,000 to Pinellas Hope; $25,000 to Hope Villages of America (formerly RCS Pinellas); and $10,000 to The Salvation Army of Upper Pinellas. Overall federal, state, and local funding assisted 21,787 persons, 175 households, and 18 businesses. On December 13, 2022, the Neighborhood and Affordable Housing Advisory Board recommended City Council approve the CAPER as written. The CAPER is due annually to HUD no later than December 31. Councilmember Bunker moved to approve the City of Clearwater’s Fiscal Year 2021-2022 Consolidated Annual Performance and Evaluation Report (CAPER). The motion was duly seconded and carried unanimously. 9. Second Readings - Public Hearing – None. 10. City Manager Reports 10.1 Establish a Ready for 100- goal in which the City aims to transition 100% of electricity consumed in city operations to clean energy by 2040 and 100% of electricity consumed citywide to clean energy by 2050 and adopt Resolution 22-22. Draft City Council Meeting Minutes December 15, 2022 Page 7 City of Clearwater City staff and the Environmental Advisory Board recommend that a “Ready for 100” resolution be adopted by City Council. This resolution includes targets in which the City would convert its electricity consumption to come from clean, renewable energy sources both in its municipal operations and citywide. Energy efficiency, on-site renewable energy, and utility-provided solar programs are essential to the success of these “Ready for 100” goals. Discussion ensued with comments made that the technology is evolving faster than one can handle, that the Ready for 100 is an aspirational goal, and that adopting the resolution will commit the City to realize clean energy goals and financial savings. A concern was expressed that the resolution lacks clarity on how the goal will be accomplished. Resolution 22-22 was presented and read by title only. Councilmember Teixeira moved to establish a Ready for 100-goal in which the City aims to transition 100% of electricity consumed in city operations to clean energy by 2040 and 100% of electricity consumed citywide to clean energy by 2050 and adopt Resolution 22-22. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 10.2 Approve a Venue License Agreement between the City of Clearwater and Ruth Eckerd Hall to provide quality venue management services, ticketing services, and food and beverage services at the waterfront amphitheater venue and authorize the appropriate officials to execute same. In response to questions, Ruth Eckerd Hall CEO Susan Crockett said REH can provide the City with an annual statistical report regarding the attendees. Attendees home address and contact information will not be provided as purchasers are assured that remains private. The preliminary asset list identifies the assets REH will invest in; the seating, wayfinding signage, and WiFi are being addressed by the City. REH is working with city staff to determine what items are needed under the VIP and dressing room furniture line items that REH will need to purchase. Finance Director Jay Ravins said staff provided a copy of Webb's estimate for the operations, which staff has used for general fund Draft City Council Meeting Minutes December 15, 2022 Page 8 City of Clearwater forecasts and budgeting. Webb's estimates for years one through five are included in the proposed agreement. The general fund will cover any deficit for operations, as well as the park maintenance and debt service on the bonds. Ms. Crockett said there is great potential in sponsorships; once the venue is open and proves itself, it will attract more sponsorship dollars. Parks and Recreation Director Jim Halios said staff is working with REH to determine how best to secure the stage while not in use. Assistant City Manager Michael Delk said there will be a series of 4 feet permanent decorative fencing around the venue, with 6-feet decorative fencing that extends toward the bluff walk. When the venue is not in use, the public will have access to the venue area. The stage will not be cordoned off but the stage floor area will be locked and secured. He said the public will be able to access the area under canopy when not in use. He said the restrooms next to the venue can be closed as there are other restroom facilities in proximity, if needed. As limited by the city charter, non-permanent seating will be used that REH will be responsible for setting up and taking down. The City does not have to ask REH to remove the seats after every event if there are two or three consecutive events scheduled. Ms. Crockett said the seats will be stored in the storage room located in the northwest corner of the stage. Parks & Recreation Downtown Core/Venue General Division Manager Kris Koch said the individual seats can be locked into blocks of 4 or 5 chairs. Ms. Crockett said individuals outside of the paid-event perimeter will not be charged. Mr. Halios said City Council will decide the city events and determine if the events will be free or charge a fee per ticket. Ms. Crockett said the agreement includes language that allows the City to lock in dates if scheduled a year in advance; afterwards the events are scheduled upon availability. Mr. Koch said staff will present a list of recommended community events for Council to approve in April. Staff will provide REH a list of the historical city*events to meet the 1-year scheduling requirement, modifying the dates after Council approves the list. Councilmember Allbritton moved to approve a Venue License Agreement between the City of Clearwater and Ruth Eckerd Hall to provide quality venue management services, ticketing services, and food and beverage services at the waterfront amphitheater venue and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 11. City Attorney Reports The City Attorney said the City has successfully closed on the Peace Memorial transaction. The Community Redevelopment Agency has the Draft City Council Meeting Minutes December 15, 2022 Page 9 City of Clearwater deed to Peace Memorial. The design of the garage is underway. He said the city has made some commitments to Peace Memorial during the construction of the garage; the City will accommodate Sunday worship parking demands. He said approximately 120 parking spaces are needed. 12. Other Council Action 12.1 Discuss City Manager Salary. The performance evaluation discussion for the City Manager was conducted by City Council at the November 16, 2022 council meeting. The council discussion concerning salary is conducted at the subsequent meeting. At the December 1, 2022 meeting, Council continued the discussion to the council meeting. APPROPRIATION CODE AND AMOUNT: For Fiscal Year 2022, a 4% increase has been budgeted, consistent with all SAMP employees. Any increase above 3.5% would require a budget amendment using an appropriation from general fund reserves. It was stated that Council approved the City Attorney's salary increase at the last meeting, effective immediately, but the increase should have been effective retroactive to the beginning of the fiscal year. There was council consensus to approve the City Attorney's salary increase retroactive to the beginning of the fiscal year. It was stated that the City Manager was not present tonight because he was aware that members of Council lacked confidence in him. Discussion ensued regarding the City Manager's performance with comments made that the City Manager is not a good fit for the city and has not improved communicating information to Council. It was stated that the City Manager has completed a re-organization and did a great job this past weekend recognizing employees at the Clearwater Marine Aquarium. Comments were made that the City Manager has implemented many changes and should be given an opportunity to address council concerns. Draft City Council Meeting Minutes December 15, 2022 Page 10 City of Clearwater The City Attorney said, per the city charter, the city manager serves at the pleasure of Council. When it comes to removal of the city manager, there are two avenues available to Council: 1) single meeting (at least four affirmative votes to remove, effective immediately or at a future date of Council's choosing) and 2) dual meeting (if three affirmative votes, a second reading on this action is required; the termination would not be effective until the second reading). Councilmember Teixeira moved to terminate City Manager Jon Jennings. The motion was duly second and carried with the following vote: Ayes: 3 - Mayor Hibbard, Vice Mayor Beckman and Councilmember Teixeira Nays: 2 - Councilmember Allbritton and Councilmember Bunker In response to a question, the City Attorney said the next council meeting will be on Thursday, January 12, 2023. The City Charter requires the second reading on this action be held at least two weeks after. Council may schedule the second reading at the next regularly scheduled council meeting or schedule a special meeting. There was council consensus to hold the second meeting on Thursday, January 5, 2023. 13. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Allbritton wished everyone a Merry Christmas and Happy Holidays. Vice Mayor Beckman said being an elected official means making difficult decisions and she feels comfortable with tonight’s vote. She said change is ok and that Jon Jennings will find another position that is a better fit. She said she is proud of all the fun activities that were offered this holiday season. Councilmember Bunker said Merry Christmas and Happy Holidays. Councilmember Teixeira thanked the organizations and neighborhoods that invited Council to celebrate with them. 14. Closing Comments by Mayor – None. Draft City Council Meeting Minutes December 15, 2022 Page 11 City of Clearwater 15. Adjourn The meeting adjourned at 7:28 p.m. Mayor City of Clearwater Attest City Clerk Draft Name: Address: aJ, m/(44a SSS 3arw,a1 13( t4 26 City: C-( w zip: 3 37 V? Telephone Number: Z> y r -6-3(77 Email Address: P-`.c.-1412-(5C-tcrck Speaking under citizens to be heard re items not on the agenda? I Agenda item(s) to which you wish to speak. What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: AddressOt/ /`'' `/" City: Zip: tg4.57L555 TelephoneNumber: W2' EmailAddress:' ' /a //./4' 467 Speakingundercitizenstobeheardre itemsnotontheagenda? 0' Agendaitem(s) towhichyouwishtospeak. jet/14), 44N74,67 -13i iffi'41/U11( Sf4J Whatisyourpositionontheitem? ForAgainst INDIVIDUALSPEAKER CitizenCommentCard INDIVIDUAL SPEAKER Citizen Comment Card Name: rilA La-leil Address: gC)C) City:( , t r-Fill zip: 3 3? S StYP Telephone Number: 7717 Email Address: a. ( (! .a- / L : Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. r 1 L.5 What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: e/A.) ft4e#60 Address: I q6(\fre./&) e.oto6t, City•kLLH1hi I Zip: 3576666 Telephone Number: 3) ,5-0.3-777 y Email Address: 1WAr TL e C1i )1 Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak•` tAigl& 7 QhtQ tiAl rie-4 What is your position on the item? For Against Name: IRLc:k4- .x l 5. % ft( s Address: g'L City: C--/ -“v4 Ems- Ig Zip: S574.7 Telephone Number: Sri'" G 35 = j filir Email Address: iL,4.4 /, (."044. Speaking under citizens to be heard re items not on the agenda? Agenda items) to which you wish to speak. What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card CLEARWATER Name: Me))/14 Address: AtAkelii City: C-/eibrta Zip: .3:37gc7 Telephone Number: 7d-7 w.-A 4s 7s)co, 7. cotil Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: V ' / Email Address: What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: AVN. .\-- — Address: \ lck ‘-5'\"1:s• City 'Pe,` r1rLour- Zip:.3jStgT TelephoneNumber: 1Z-7330 —74A EmailAddress: ytkV\ 4Os \--& era- 1/4) Speakingundercitizenstobeheardre itemsnotontheagenda? Agendaitem(s) towhichyouwishtospeak. V\ / ‘J5 Whatisyourpositionontheitem? ForAgainst INDIVIDUALSPEAKER CitizenCommentCard INDIVIDUAL SPEAKER Citizen Comment Card Name: 6-(ve› Address: City: C J .6*,.. _ Zip: rift Telephone Number: Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda items) to which you wish to speak: What is your position on the item? For Against l INDIVIDUAL SPEAKER Citizen Comment Card Name: scivi L,en•n Address: a 3q k aber skayv.. D City: C eaflAJc- Zip: 333-6'4 Telephone Number: (17-./") 1-a- —943 Email Address: 5k6r1n @ discoJif%jaCac{e Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak - What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name:( / ' /h,,,b/it-fzf Address: City: CA '- 'IOvrcu_ Zip: Telephone Number: 7L) r z Q42 Email Address: e h. &I-4 U)L7) L ey---h-2ati.<027 Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. `()< / What is your position on the item? For F`/ Against INDIVIDUALSPEAKER CitizenCommentCard Name: Paiz- Address: G1-(fri)( City: Zip: TelephoneNumber: ''10623q EmailAddress: Speakingundercitizenstobeheardre itemsnotontheagenda? Agendaitem(s) towhichyouwishtospeak. Whatisyourpositionontheitem? ForAgainst INDIVIDUAL SPEAKER Citizen Comment Card Name: 1`\A << l (?-C Ir\llc,jcc`3 f-N Address: A 3 City: i i c & Zip: J3%(,L Telephone Number: --" ;Z= G4c1L' Email Address: Raecej 2-'' -c) `( CC,e47•-. Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. (D. What is your position on the item? For Against Nk INDIVIDUALSPEAKER CitizenCommentCard Name: Address: 237 / lVv,25F, CoA -1:7 City: G zip: 3576'.1=. - TelephoneNumber: ,0-7 - eZ. EmailAddress: = '777tA0c - G- 'M Speakingundercitizenstobeheardre itemsnotontheagenda? Agendaitem(s) towhichyouwishtospeak. / 2. Whatisyourpositionontheitem? ForAgainst1 INDIVIDUAL SPEAKER Citizen Comment Card Name: Vie ii(t1 eci Address: l 61/R _ 54(4' V e YI r City: (/ n r'v)(:7 e Y. zip: 3 :27 6 Telephone Number: Email Address: L'J 4' . /5-5-/ . Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. What is your position on the item? For Against As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." Please have each member of the group in attendance sign and print their name on reverse of this card. Name: Or Address: f 1-7 U City: \..J(4 AN- Zip: Telephone Number:1 , % r` 007 Email Address: Agenda item to which you wish to speak: What is your position on the item? For Against GROUP SPEAKER Citizen Comment Card CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH J r vi ., cl. 6cclit 17, Y ownsn], p Gy 5outb, Range c.,,'` / 16 East, Pinellas County, Florida, LESS the West I / 300,_ feet thereof; v''" and' /- I WHEREAS,+ UNITY CLEARWATER desires to place certain restrictions uponsaid. property, which shall be covenants running with the land, for - the protection of itself, persons and corporations purchasing said property fr© it o,` r, successors and assigns, and the City of Clearwater, Flo- rift'', a municipal corporation; NOW, THEREFORE . KNOW ALL MEN BY THESE PRESENTS, that in consideration of' the foregoing premises and other good and valuable consideration between. the• parties, receipt of which is hereby acknowledged, the undersigned, UNITY CLEARWATER, a Florida non- profit corporation, as owner of the above described - real property, does hereby adopt and promulgate the restrictive covenants herein fa te` r, set forth, restricting and limiting the usage of all of the above tract:`,'. i I. These restrictions_.. and limitations are to be regarded as covenants running with the land, regardlessof whether they are stscifically n^, wnt;., r,. , 1 in any deeds or conveyances subsequently executed. 2. The above described tract. shall be' restricted to church use only. f 3. These covenants and restrictions shall., be binding on all parties and all persons claiming under them, and no - exception, variation or termination of these restrictions shall be authorized or: a ec xve without the prior written consent of the City of Clearwater after a public hearing thereon. IN WITNESS WHEREOF, the owner his hereunto - caused these presents to be signed in its named this Znd day of July' 1969. f/ ) 1UNITYCLEARWATER Regardless of conveyancessubsequently executf Church use only so theInstitutional' District did not include school zoning! Attest: SecretaryWitnesses: Treasurer Where is the written consent: When, where, wa hearing?" i• \ \\ do hereby moke. the following, declaratlon of conditions, Ilrnitntions and restrictions on said lands, hereafter to be known and referred to es n DECLARATION OF UNITY OF TITLE, as to the following particulars: 1. That the aforesaid plot\ or combination of separate Lots, plots, parcels, acreage or portions thereof, shall hereafter be regarded as and is hereby declared to be unified under one title as an indivisible building site. 2. That the said property shall henceforth be considered as one plot or parcel of land, and that po oortign. thereof hall pe sold. assigned. tr r sfe red. conveyed or devised separately except in its entirety, as one plot or parcel of land. 3. That this Declaration of Unity of iTitle shall constitute a covenant to run with the land, as provided by law, and shall' be binding upon the undersigned, and the heirs, successors and assigns of‘ the undersigned,, and rill parties claiming under then until such time as the same Taw tie' releuad- I4 writing Wr the ordv of tip situ Manager of tile City of C earwater. The' undcrsigned also agrees that this instrument shall be recorded in the public records of Pinellas County, Florida. Signed, sealed, witnessed and —' oekno l dewdew ged this 7lyd May , 19. 9a, at Clearwater; Florida. f/ WITNESSES: ; WNI t( S): STATE OF FLORIDA COUNTY OF PINEI. LAS day or i Another question is whether the property reverts to residential property once the property ceases to be used for the church only. BEFORE ME personally appeared \ 1404 to me known to be the person( s) described in and who executed the foregoing instrument, and who " acknowledged to me the execution thereof to be his, her or their free set and deed` forrthe uses and purpose herein mentioned. ' --- SYITNESS my hand and official seal this 23rd day of May 1990 . My Commission Expires: Notary Public frw1. lat! nano" Pa - a— e PI.. IJ. Clearwater City Council Public Hearing January 12, 2023 Good evening. I am Dennis McDermott from Lakeview Road, Clearwater Re: Agenda item 8.1 2- --1) c A Notice of Public Hearing was published on Wednesday, 12/28/2022, announcing a public hearing at 6 PM on Thursday, January 12, 2023 at which the Clearwater City Council would consider declaring' a list of ten properties "as being surplus..." I didn't understand the meaning of "Surplus" so I looked it up in the Florida Statutes (Title 18, Chapter 274) where it defines surplus property as, "...property ... that is obsolete or the continued use of which is uneconomical or inefficient, or which serves no useful function". In other parts of the Florida Statues the concept of Surplus is for disposition of the property, either by sale or donation. Who will own these properties if they do become surplus? The Notice declares the property as "A Portion of 1000 N. Hercules Ave" and identifies 10 Tax Assessor Parcel Numbers, several of which are not 1000 N. Hercules Ave. One in particular, parcel # 12-29-15-55836-0001-0007, has a post office address of 1900 Gilbert Street, although most City of Clearwater residents will know it as "Marymont Park". I drove by the Park yesterday afternoon, and it was being actively used, so I know it's not officially closed or obsolete. The The Final Airpark Layout Plan for the Clearwater Airpark (February 2020) is a critical document referenced in virtually all discussions about the Airpark, and is included as an attachment to File # 22-1258 as an agenda item to be discussed later in this Hearing. One of the recommendations in the ALP is for acquisition by the Airpark of "approximately 1.3 acres not currently within the airport property boundary. That property to be acquired is currently within the boundaries of Marymount Park which is owned by the City of Clearwater." The Clearwater City Charter states, "No municipally owned real property which was identified as recreation/open space on the city's comprehensive land use plan map on November 16, 1989, or at any time thereafter, may be sold, donated, leased for a new use, or otherwise transferred without prior approval at referendum..." I have other issues with the Surplus Declaration, most of them technical which we don't have time to discuss right now. I would like to request that this proposal be postponed indefinitely pending: 1) further research which clearly and openly discloses the exact properties to be considered with a map reflecting the parcel numbers; 2) a series of public meetings to include Airpark Stakeholders as well as City of Clearwater residents and taxpayers; and 3) a definitive legal opinion on the need for a declaration of surplus under Florida Land Use statutes, and a Judicial opinion on future ownership of real property that has been formally declared Surplus. Created by Dennis McDermott [walrus751 @gmailcom] • January 12, 2023 Page 1 of 1 Clearwater City Council January 12, 2023 The Current Lease and Operating Agreement for the Airpark was signed in 2012, and renewed for a 5 year extension in 2017 with an expiration date of November 30, 2022. Knowing that lease would expire, I believe the City should have launched the RFP process well in advance of June 29, 2022. The time crunch created by trying to condense a 12 to 18 month project into just 6 months has created a sense of urgency which is inappropriate for a project of this nature. That said, Property to be Leased: One of the included attachments to the City RFP #38-22 dated June 29, 2012 is an appraisal of the Airpark (as of 3/7/22 by Slack, Johnston & Magenheimer) in which the property included in the scope of the study is identified: "CLW is legally described as portions of Section 12, Township 29 South, Range 15 East of Pinellas County, Florida. Clearwater Air Park (CLW) contains 47 acres, with a runway configuration of 16-34. Another example is illustrated in the attachment to Item # 22-1385: The 60.21 Acre property subject to the proposed Lease and Operating Agreement (described in Attachment 1 2022021 New Clearwater Airport Lease S&L Description) is different from the properties described in the Current Lease, and does not describe the improvements. It is also significantly different larger) than the real property which was identified in the original (June 2022) RFP. Throughout the various documents related to this project, there are several descriptions of the property which don't agree with others. It seems that a priority ought to be a clear understanding of what property is being included in the proposed lease. Financial Concerns: one exhibit"Final Airpark Proforma" is a spreadsheet apparently created by a City of Clearwater employee which offers 20 years of financial projections. The proposed Lease has a term of five years, beginning March 1, 2023 ending on 2/29/2028. The Lease has options for 3 renewals of 5 years each, though the useful value of the numbers decline precipitously as the time moves forward from lease inception. I believe the proper presentation would correspond to actual operating expectations, with the P&L year matched to the City's fiscal year, which ends on 9/30. Thus, the first year would be a short year' i.e. 7 months beginning 3/1/23; and the final year would also be a 'short year' i.e. 5 months ending on 2/29/28. Further, the Profoma reflects a cumulative loss to the City of $2.4 Million over the first 5 years of operation under the proposed Lease and Operating Agreement. Mr. Gandy stressed in his narrative at the Council Work Session that FIyUSA would reimburse' the city for up to $2.4 Million in capital costs, the numbers just don't add up, and that confirms a need for a broader analysis with full disclosure of sources, uses and explanation of assumptions. In closing, it seems irresponsible for the City Council to consider moving forward on this discussion without considering and comparing a more complete financial analysis of this proposed Lease; comparing it to: A. The option for the City to directly run and manage the Airpark; and B. Examining a 3rd option: Turning over ownership and operations of the Airpark to Pinellas County, which already owns and operates PIE, located just 9 miles SE of CLW. Created by DennisMc ott [walrus751 @gmailcom] • January 12, 2023 Page 1 of 1 January 12, 2023 Good evening, Mayor, City Council Members and City Staff. My name is Richard DeSantis, and I reside at 868 Bayway Blvd. on Clearwater Point. With the change in the City Manager's position and changes over the recent years in the Council Members and Staff, I want to give a brief update on the status of the Decade Property project at 850 Bayway Blvd; Jeff Keieileber, Owner; Brian Aungst Jr., Attorney. It was nearly 4 years ago on January 17, 2019 that the project was put before the Council. On February 7, 2019, this room was filled with 150+ residents of Clearwater Point demonstrating their disapproval of the project. The project was approved by Council in a 3 to 2 vote. Since then, our Clearwater Point Neighborhood has been on a long and winding road to protect the place we call home - two court cases, numerous presentations at Council Meetings, numerous email exchanges and meetings with City Staff, and, and, and. On July 1, 2021, the DRC presented its review of the project in a meeting that lasted less than 20 minutes and with no comments by the Neighborhood permitted. Page 2 of 2 The project went before the CDB on September 21, 2021 and was approved. Comments by the Neighborhood were glossed over. At each juncture concerns were raised by the Neighborhood - inconsistencies in the plans and specs as presented, deviations from various City and County design criteria, codes and standards. The project was approved at the CDB hearing with the promise to the Neighborhood that any deficiencies in the plans and specs would be addressed at the Building Permit stage. To date this promise has not been kept and many of the concerns of the Neighborhood have not been addressed. Since the Building Permit was applied for in August of 2022, we have identified at least 14 issues of non-compliance. City officials have promised that these would be corrected and the Neighborhood would be copied on any revisions to the application. Our last communication to the City was on December 22, 2022, with no reply to date. The bottom line here is that history has shown that the City consistently tilts the playing field in the direction of the Developer. Look at the Marriott Courtyard, Marine Aquarium, Skycrest, Fairfield Inn. Edgewater Drive. Our Neighborhood only asks for Fundamental Fairness in Preserving Clearwater Point and a Level Playing Field. Richard DeSantis 868 Bayway Boulevard #116 Clearwater Beach, Florida 33767 727-441-1405 desantis46@aol.com Re v 11, , 1.12.23 Good evening Mayor Hibbard, Council Members, Ms. Porrier, Mr. Margolis and Staff, I'm Rudolph/Rudy Michalek, residing at 855 Bayway Boulevard, #707 on Clearwater Point. First, I wish each of you a happy and successful New Year. Second, I wanted to provide an update of recent events to the Chart House project in our residential neighborhood. We have emailed each of you about this project asking for your involvement on certain key issues. In October 2022, we met with Mr. Jennings who brought Mr. Delk with him. In reviewing just 7 of our points of concern, and with questions by Mr. Jennings, Mr. Delk immediately confirmed two violations in the architect's drawings, the full kitchens and the "lock out" doors which would have enabled the hotel to rent not just the 60 rooms approved but up to 80 rooms. Of interest, Mr. Delk commented on this, that Joe knows better. To which I confirmed with him, he meant Joe Burdette. Now you may recall from my earlier presentations that Joe Burdette sent the email claiming he represented Dustin DeNunzio (there are no supportive documents in City files) in returning the Hamilton Brothers 35 rooms to the Reserves which at that same moment, Decade Properties, Brian Aungst, Jr., requested 27 of them for the Chart House. Interesting coincidence. You may also remember we had filed a Conflict -of -Interest lawsuit about Mr. Hamilton's actions(votes) in this matter, but the Judge ruled that since we did not bring it up the conflict during the hearings on the Chart House we could not bring it up later. We were new to the process and did not know these details initially. We have noticed responses to our questions and inquiries had again dropped off, but last Thursday I did get an email from Mr. Delk that he will be responding to our inquiries. Still unanswered in this project with 60 suites of 2 bedrooms, living rooms and eating areas is if the 27 rooms from Beach by Design can be suites. The "reserves" rooms imply the singular being a room with a bath, not multiple bedrooms. No mention is made of suites in Beach by Design. Who will push the question to a proper or reasonable resolution? Mayor Hibbard, I think you were part of Beach by Design, and might you help find the answer? Thank you for your time. Rudolph/Rudy Michalek 855 Bayway Boulevard, #707 Clearwater Beach, Florida 33767 214-418-6307 rudy.chris©icloud.com ty- 12( I'd /lea I2,712 ix) 1 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1325 Agenda Date: 1/12/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve settlement of workers’ compensation claims for payment of $230,000 to David Dalton, inclusive of attorney fees and costs with a general release of all claims, plus an additional $8,888 reimbursement of out-of-pocket medical expenses, and authorize the appropriate officials to execute same. (consent) SUMMARY: David Dalton was employed as a police officer with the Clearwater Police Department since September 30, 1996 and was approved for a job-connected disability pension on June 9, 2022. The parties have reached a settlement of all claims arising from any work accidents, injuries, and/or conditions arising from his employment with the City based on the following terms: 1.Lump sum payment of $230,000 which includes $229,900 for all attorney’s fees and costs payable to opposing counsel, and for settlement of any and all workers’ compensation claims; plus $100 for a Separation Agreement/General Release which will include a carve-out exception for claimant to retain his pension with no offset; 2.Separate payment of $8,888 to reimburse claimant for out-of-pocket medical expenses expended before authorized workers’ compensation treatment, to occur within seven (7) days of City Council’s approval of settlement; 3.Claimant will opt out of City’s health insurance plan as of January 1, 2023; and 4.Benefits will continue pending City Council approval and entry of an Order by the Judge of Compensation Claims approving settlement. This settlement was negotiated by the City’s outside legal counsel for workers’ compensation claims, Mark Hungate with Banker, Lopez, Gassler P.A., and is recommended by the City’s claims committee, subject to City Council approval. APPROPRIATION CODE AND AMOUNT: 5907590-545800 Insurance Claims-Workers’ Compensation USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 1/10/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1364 Agenda Date: 1/12/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve an indemnification agreement between Enchantment, LLC, located at 400 Gulf Boulevard, Indian Rocks Beach, Florida, and the City of Clearwater Police Department for the purpose of hosting a training event on January 25, 2023 and authorize the appropriate officials to execute same. (consent) SUMMARY: Enchantment, LLC, and the Clearwater Police Department have entered into an indemnification agreement to allow the police department access to use the property located at 400 Gulf Boulevard, Indian Rocks Beach, Florida during a training exercise on January 25, 2023. The property owner has requested that the Clearwater Police Department (CPD) agree to the terms and conditions outlined in the indemnification agreement between Enchantment, LLC, and CPD. The agreement states CPD hold harmless Enchantment, LLC, from and against any and all loss liability, damage, cost or expense arising out of or related to CPD’s use of the property. Nothing in the agreement, however, shall be deemed a waiver of the limitations on liability contained in Section 768.28, Florida Statutes, or the doctrine of sovereign immunity. There are no costs associated with this agreement. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 1/10/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1388 Agenda Date: 1/12/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve a Construction Manager at Risk (CMAR) contract and pre-construction phase proposal with J. Kokolakis Contracting Inc., of Tarpon Springs, FL for the Beach Marina Replacement (21-0008-MA) in the amount of $99,264 pursuant to Request for Qualification (RFQ) 19-22 and authorize the appropriate officials to execute same. (consent). SUMMARY: The Clearwater Beach Marina has not been comprehensively renovated since 1977. The 1950’s era docks and infrastructure are failing and have an outdated mix of slip sizes and types. Moffat and Nichol, Inc. of Tampa, FL, were approved by Council on October 7, 2021 to redesign the marina docks, utilities and supporting infrastructure. RFQ 19-22 was issued April 7, 2022, to select a CMAR to renovate the Beach Marina. There were three respondents, and each candidate was interviewed by a selection committee composed of five members from the Marine & Aviation and Engineering departments. J. Kokolakis Contracting was unanimously selected based on their detailed presentation, project performance, and experience with Clearwater Beach projects. Kokolakis will provide cost estimating, constructability reviews, and analysis of phasing, staging and access, of each design submittal. Once design is complete, Kokolakis will provide a guaranteed maximum price (GMP) to construct the project for city council approval. The city may terminate negotiations at any time if a GMP cannot be agreed upon. APPROPRIATION CODE AND AMOUNT: 3327332-530100-C1905 Funds are available in capital improvement project C1905, Beach Marina Upgrade , to fund this proposal. Page 1 City of Clearwater Printed on 1/10/2023 1 Construction Manager at Risk Kokolakis Contracting RFQ 19-22, CMAR – Clearwater Beach Marina Replacement CMAR Contract This CONTRACT made and entered into on this _____ day of _______________, 20__, by and between the City of Clearwater, Florida, a Florida municipal corporation, hereinafter designated as the “City” or “Owner”, and J. Kokolakis Contracting, Inc., a New York corporation authorized to do business in Pinellas County and the State of Florida, hereinafter designated as the “Construction Manager”. The contracting entities shall collectively be known as the “Parties”. WITNESSETH: WHEREAS, the Clearwater City Council has approved using the Construction Manager at Risk approach on appropriate projects as determined by the City’s Engineering Department; and WHEREAS, the City desires to engage the services of the Construction Manager to provide management of the necessary construction, design, and preconstruction services (collectively referred to as the “Services”) subject to the terms and conditions set forth in this Contract and any agreement incorporated into this Contract by reference; and WHEREAS, the City selected the Construction Manager in accordance with the City’s competitive selection process based on information and representations given by the Construction Manager in a response to Request for Qualifications, RFQ 19-22. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES THAT THE ABOVE RECITALS AND REPRESENTATIONS ARE TRUE AND ACCURATE AND ARE INCORPORATED HEREIN BY REFERENCE AND THE PARTIES FURTHER AGREE AS FOLLOW: ARTICLE 1: SCOPE OF WORK, CONTRACT DOCUMENTS, AND TERM 1.1 The Construction Manager and its successors, assigns, executors or administrators, in consideration of the sums of money, as herein after set forth to be paid by the City to the Construction Manager, shall and will at its own cost and expense perform all labor, furnish all materials, tools and equipment for all individual projects assigned as a result of this Contract. 1.2 For each individual project assigned, in accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings, if any, which may be herein referred to, are hereby made a part of this Contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. 1.3 Unless otherwise specified in this Contract, all work shall be completed in accordance with Section III and Section IV of the City of Clearwater Contract Specifications (the 2 “Specifications”). For the purposes of this Contract, the term “Contractor” in Section III shall include the Construction Manager. The Specifications, as may be supplemented and changed, along with this Contract constitute the “Contract Documents”. All terms and conditions set forth in RFQ 19-22 , Standard Terms and Conditions are incorporated by reference and attached hereto. Any inconsistency in documents relating to this Contract shall be resolved by giving precedence in the following order: (i) Proposals(s); (ii) this Contract and any amendments; (iii) the Specifications; and (iv) RFQ 19-22 , Standard Terms and Conditions. 1.4 The term of this Contract shall commence upon execution of this Contract by the Parties and shall terminate after completion and acceptance of the project(s) as provided herein and upon final payment in accordance with the Contract Documents. ARTICLE 2: CONSTRUCTION MANAGER’S DUTIES AND STATUS 2.1 The Construction Manager recognizes the relationship of trust and confidence established between it and the City by this Contract, and agrees with the City to furnish its best skill and judgment and the overall supervision of its executives; to furnish efficient business administration and superintendence; and to use every effort to keep upon the project site at all times an adequate supply of workforce and materials to secure its execution and completion in the most expeditious and economical manner. 2.2 The Construction Manager represents that it has made a thorough examination of the premises and is thoroughly familiar with the conditions under which it is to work. 2.3 The Construction Manager agrees to perform and complete the Services in accordance with laws, rules, and regulations of all governmental authorities and departments thereof. 2.4 The Construction Manager agrees to cooperate with the City, the architect-engineer, and any other design professional in all respects, including, but not limited to, providing necessary preconstruction services, such as evaluation of methods, availability and costs of the various components of the Services while under design consideration; supervising the Services and the progress thereof; the coordination of the Services and suggesting changes in the Services; and supplying information as to costs and availability of materials and methods of construction in order, amongst other things, to reduce costs wherever the same may be practicably consistent with the quality of the Services presented in the Contract Documents. 2.5 The Construction Manager agrees to the following: a) In connection with the performance of work under this Contract, the Construction Manager agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, national origin, or any other protected class under federal or state law. The aforesaid provision shall include, but not be limited to, the following employment: - upgrading - demotion or transfer - recruitment or recruitment advertising 3 - lay-off or termination - rates of pay or other forms of compensation; and - selection for training, including apprenticeship b) The Construction Manager agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. c) The Construction Manager further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker’s representatives, except sub-contractors for standard commercial supplies or raw materials. ARTICLE 3: SCOPE OF THE SERVICES 3.1 The services that the Construction Manager shall provide include but are not limited to those described in the following sections. 3.2 Reporting. Written reports shall be provided with the monthly pay requests as follows: a) A monthly executive summary which provides an overview of current issues and pending decisions, future developments and expected achievements, and any problems or delays, including code violations found by any permitting agency. b) A monthly construction progress report that includes a cost narrative, a scheduling narrative, and a summary of the work of the various subcontractors. This report shall include information from the weekly job site meetings as applicable such as: - general conditions - long lead supplies - current deliveries - safety and labor relations programs permits - construction problems and recommendations; and - plans for the succeeding month 3.3 Scheduling a) Upon award of this Contract, the Construction Manager shall submit a master project schedule covering the planning and design approvals, construction, and Owner occupancy of the project. This schedule will serve as the framework for the subsequent development of all detailed schedules. The master project schedule shall be produced and updated monthly throughout the project. b) Within thirty (30) days after the date of the Owner’s issuance of a Notice to Proceed, the Construction Manager shall prepare and submit to the Owner two copies of a Critical Path Method (CPM) construction schedule graphically depicting the activities contemplated to occur as a necessary incident to performance of the work required to complete the project, showing the sequence in which the Construction Manager proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each 4 activity. c) Following development and submittal of the construction schedule, the Construction Manager shall, at the end of each calendar month during the project, or at such earlier intervals as circumstances may require, update and/or revise the construction schedule to show the actual progress of the work performed and the occurrences of all events which have affected the progress of performance of work already performed or will affect the progress of the performance of the work yet to be performed in contrast with the planned progress of performance of such work, as depicted on the original construction schedule and all updates and/or revisions thereto as reflected in the updated and/or revised construction schedule last submitted prior to submittal of each such monthly update and revision. Each such update and/or revision to the construction schedule shall be submitted to the Owner in duplicate. d) The Construction Manager shall provide current scheduling information and provide direction and coordination regarding milestones, beginning and finishing dates, responsibilities for performance and the relationships of the Construction Manager’s work to the work of his subcontractors and suppliers to enable them to perform their respective tasks so that the development of construction progresses in a smooth and efficient manner in conformance with the overall project schedule. The schedule shall include all phases of the construction work, material supplies, long lease procurement, approval of shop drawings, change orders in progress, schedules for change orders, and performance testing requirements. The Construction Manager shall advise the Owner, its representatives and the architect-engineer of their required participation in any meeting or inspection giving each at least one-week notice unless such notice is made impossible by conditions beyond his control. The Construction Manager shall hold job- site meetings at least once each month with the construction team and at least once each week with the subcontractors and the architect-engineer’s field representative, or more frequently as required by work progress, to review progress, discuss problems and their solutions and coordinate future work with all subcontractors. e) Twice per month corresponding as closely as possible with progress review meetings, a “two-week” look ahead report shall be prepared and submitted to Owner and architect- engineer. 3.4 Design Review and Recommendations a) The Construction Manager shall be thoroughly familiarized with the evolving architectural, civil, mechanical, plumbing, electrical and structural plans and specifications and shall follow the development of design through the Contract Documents. The Construction Manager shall make recommendations with respect to the selection of systems and materials, and cost reducing alternatives including assistance to the architect-engineer and Owner in evaluating alternative comparisons versus long-term cost effect. The evaluation shall speak to the benefits of the speed of erection and early completion of the project. The Construction Manager shall furnish pertinent information as to the availability of materials and labor that will be required. The Construction Manager shall submit to the Owner and the architect-engineer such comments as may be appropriate concerning construction, feasibility, and practicality. The Construction 5 Manager shall bring to the Owner and the architect-engineer’s attention any apparent defects in the design, drawing and specifications, or other documents. The Construction Manager shall prepare an estimate of the construction cost at appropriate milestones during the design and shall evaluate such estimate with the project budget. The Construction Manager shall recommend cost saving alternatives, as appropriate, at each design milestone. At each design milestone the Owner, the architect-engineer, and Construction Manager shall conduct a value engineering review. b) After receiving the construction documents for each phase of the project, the Construction Manager shall perform a specific review thereof. Promptly after completion of the review, the Construction Manager shall submit to the Owner, with a duplicate to the architect- engineer, a written report covering suggestions or recommendations previously submitted, additional suggestions or recommendations as the Construction Manager may deem appropriate, all actions taken by the architect-engineer with respect to same, and any comments he may deem to be appropriate with respect to separating the work into separate contracts and/or alternative materials. c) At completion of the Construction Manager’s review of the plans and specifications, except only as to specific matters as may be identified by appropriate comments pursuant to this section, the Construction Manager shall warrant, without assuming any architectural or engineering responsibility, that the plans and specifications are consistent, practical, feasible and constructible. The Construction Manager shall warrant that the work described in the plans and specifications for the various bidding packages is constructible within the scheduled construction time. d) The Construction Manager shall review the design for the purpose of identifying long lead procurement items (i.e. machinery, equipment, materials, and supplies). When each item is identified, the Construction Manager shall notify the subcontractors, the Owner, and the architect-engineer of the required procurement and schedule. Such information shall be included in the bid documents and made a part of all affected sub- contracts. As soon as the architect-engineer has completed drawings and technical specifications and the Construction Manager has obtained permitting approval, the Construction Manager shall prepare invitations for bids. The Construction Manager shall keep informed of the progress of the respective subcontractors or suppliers, manufacturing or fabricating such items and advise Project Director, Owner and the architect-engineer of any problems or prospective delay in delivery. 3.5 Staffing. Key personnel assigned to City projects by the Construction Manager shall not be removed from the project until alternate personnel acceptable to the City are approved in writing by the City. 3.6 Soliciting Bids a) Without assuming responsibilities of the architect-engineer, and unless waived in writing by the Owner, the Construction Manager shall prepare invitations for bids, or requests for proposal when applicable, for all procurements of long lead items, materials and services, and for Subcontractor contracts. Such invitations for bids shall be prepared in accordance with the following guidelines: 6 i) Contracts totaling one thousand dollars ($1,000.00) but not exceeding ten thousand dollars ($10,000.00) may be entered into by the Construction Manager with the firm which is qualified and submits the lowest verbal quotation. The Construction Manager shall obtain a minimum of two (2) verbal quotations. These quotations shall be entered on a bid tabulation sheet and a copy of such tabulation sent to the Owner, the architect- engineer and to each firm. The successful quotation shall be confirmed by written contract or purchase order to the low bid firm defining the scope and quality of work to be provided. ii) Contracts totaling ten thousand dollars ($10,000.00) but not exceeding two hundred thousand dollars ($200,000.00) may be entered into by the Construction Manager with the firm who is qualified and submits the lowest responsive proposal. The Construction Manager shall request at least three (3) firms to submit sealed written proposals based on written drawings and/or specifications. The written proposals shall all be opened publicly at the location, date and time named by the Construction Manager in his request for proposal. A tabulation of the results shall be furnished to the Owner, architect-engineer and to each firm. iii) Contracts totaling two hundred thousand dollars ($200,000.00) but not exceeding five hundred thousand dollars ($500,000.00) may be entered into by the Construction Manager with the firm who is pre-qualified and submits the lowest responsive proposal. The Construction Manager shall advertise these projects at least once with the last advertisement appearing at least twenty-one (21) calendar days prior to the established bid opening date. These proposals shall be based on approved plans and specifications. Bids shall be received and opened publicly at the location, date and time established in the bid advertisement. iv) Contracts totaling five hundred thousand dollars ($500,000.00) or greater shall be treated the same as described under iii) above except that the advertisement shall be run for at least thirty (30) days prior to the established bid opening and at least five (5) days prior to any scheduled pre-bid conference. v) Individual purchases of materials or rentals or leases of equipment of up to nine hundred and ninety-nine dollars and ninety-nine cents ($999.99) each may be made without bids or quotes when reasonably necessary to expedite work on the project; however, the Construction Manager shall not divide or separate a procurement in order to avoid the requirements set forth above. vi) Site utilities may be acquired at market rates from the entity(ies) providing such in the franchise area. b) For each separate construction contract exceeding thirty-five thousand dollars ($35,000.00), the Construction Manager shall, unless waived by Owner, conduct a pre-bid conference with prospective bidders, the architect-engineer, and the Owner. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, the Construction Manager shall transmit these to the architect-engineer and upon receiving clarification or correction in writing shall prepare an addendum to the bidding document, and issue same to all of the prospective 7 bidders. 3.7 Quality Control. The Construction Manager shall develop and maintain a program, acceptable to the Owner and the architect-engineer that assures quality control of the construction. The Construction Manager shall supervise the work of all subcontractors providing instruction to each when their work does not conform to the requirements of the plans and specifications and shall continue to assert influence and control over each subcontractor to ensure that corrections are made in a timely manner so as to not affect the efficient progress of the work. Should disagreement occur between the Construction Manager, the Owner, or the architect- engineer over acceptability of work and conformance with the requirements of the specifications and plans, the Owner shall be the final judge of performance and acceptability. 3.8 Subcontractor Interfacing. The Construction Manager shall be the single point of interface with all subcontractors for any work done under this Contract. The Construction Manager shall negotiate all change orders, field orders and request for proposals, with all affected subcontractors and shall review the costs of those proposals and advise the Owner and the architect-engineer of their validity and reasonableness, acting in the Owner’s best interest prior to requesting approval of each change order from the Owner. Before any work is begun on any change order, a written authorization from the Owner must be issued. When health and safety are threatened, however, the Construction Manager shall act immediately to remove such threat to health and safety. The Construction Manager shall also carefully review all shop drawings and then forward the same to the architect-engineer for review and actions. The architect-engineer will transmit them back to the Construction Manager who will then issue the shop drawings to the affected subcontractor for fabrication or revision. The Construction Manager shall maintain a record to promote expeditious handling. The Construction Manager shall request the architect-engineer to make interpretations of the drawings or specifications requested of him by the subcontractors and shall maintain a record to promote timely response. The Construction Manager shall advise the Owner and the architect-engineer when timely response is not occurring on any of the above. The Construction Manager shall collect, review, and submit to the Owner, all project closeout documentation including operation, maintenance, and training manuals. ARTICLE 4: MAXIMUM PROJECT COST AND FEES FOR SERVICES 4.1 Guaranteed Maximum Price for Construction a) When the construction documents are sufficiently complete to establish the scope of work for the project or any portion thereof, the Construction Manager will establish and submit in writing to the Owner for his approval a Guaranteed Maximum Price (“GMP”) guaranteeing the maximum price to the Owner, for the construction cost of the project or designated part thereof. Such GMP will be subject to modification for changes in the project as provided in article 4.1(e) below. Actual price paid for the work by the Owner, however, shall be the actual cost of all work subcontracts, supply contracts, direct labor costs, direct supervision costs and direct job costs, plus the Construction Manager’s fees or the GMP, whichever is less when the work is complete. Invoicing shall occur monthly for completed work with 5% retainage withheld until final completion and acceptance of all work covered in the Contract Documents in accordance with the City’s general conditions. GMP Proposals will be incorporated by 8 reference and attached hereto as exhibits. b) At the time of submission of a GMP, the Construction Manager will verify the time schedule for activities and work which were adopted and used to determine the Construction Manager’s cost of work. In addition to the cost of work, a GMP will include an agreed upon sum as the construction contingency which is included for the purpose of defraying the expenses due to unforeseen circumstances relating to construction. The Construction Manager will be required to furnish documentation evidencing expenditures charged to the contingency prior to the release of funds by the Owner. If bids are received below the applicable line items in the GMP, the surplus will be added to the contingency. c) If bids are received above the applicable line item in the GMP, the deficiency will be taken from the contingency; however, such occurrence shall not be cause to increase the GMP. d) If bids are not received for a portion of the work at or below the applicable line item amount in the GMP, the Construction Manager reserves the right to perform that portion of the work as acknowledged by the Owner or negotiate for its performance for the specified line item lump sum amount or less. e) The increase or decrease in the GMP resulting from a change in the project shall be determined in one or more of the following ways: i) By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by the Architect-Engineer and Owner; ii) By unit prices stated in the agreement or subsequently agreed upon; iii) If none of the methods is agreed upon, the Construction Manager, provided it has received a signed written order by the Owner, shall promptly proceed with the work involved. The cost of such work shall then be determined on the basis of the reasonable expenditures and savings of those performing the work attributed to the change. In the event a change order is issued under these conditions, however, the architect-engineer will establish an estimated cost of the work and the Construction Manager shall not perform any work whose cost exceeds that estimate without prior written approval by the Owner. In such case, the Construction Manager shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data of the increase in the cost of the project. The amount of decrease in the GMP to be allowed by the Construction Manager to the Owner for any deletion or change which results in a net decrease in cost will be the amount of the actual net decrease; iv) The architect-engineer will have authority to order minor changes in the project not involving an adjustment in the GMP or an extension of the Construction completion date and not inconsistent with the intent of the drawings and Specifications. Such changes shall be affected by written order. Documentation of changes shall be determined by the architect- engineer. Changes shall be approved by the architect-engineer. 4.2 Construction Manager’s Fee. In consideration of the performance of the contract, the Owner agrees to pay the Construction Manager as compensation for his services, fees as 9 set forth below: Preconstruction Phase Fee. This fee shall be based on design costs if applicable, constructability review, value engineering and fee determination of Guaranteed Maximum Price. The fee for this phase in the amount of ninety-nine thousand and two hundred and sixty-four dollars ($99,264.00) shall be paid at the negotiated price upon receipt of the GMP. Preconstruction service proposals will be incorporated by reference and attached hereto as exhibits. Construction Phase Fee. Prior to commencement of the construction phase, the Owner will direct the Construction Manager in writing to proceed into the construction phase. The Construction Manager’s compensation for work or service performed during the construction phase shall be a fee of $ TBD. The construction phase fee shall be invoiced and paid in $ TBD months. Payments will be remitted monthly at the cost of $ TBD each and one final monthly payment of $ TBD. The first monthly payment shall become due thirty (30) days following the issuance of the first construction authorization and the final monthly payment shall be paid only when construction of the project is completed and occupancy of the project is accepted by the Owner. If construction is authorized only for a part of the project, the fee paid shall be proportionate to the amount of work authorized by the Owner. ARTICLE 5: TERMINATION AND TIME OF THE ESSENCE 5.1 If the Construction Manager is adjudged bankrupt or makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of its insolvency, or if refuses or fails, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper materials for the Services, or otherwise be guilty of a substantial violation of any provision of this Contract as determined by the certificate of the architect- engineer, the Owner may, without prejudice and reserving any other right or remedy the Owner may have, after giving the Construction Manager seven (7) days’ written notice, terminate this Contract with the Construction Manager and take possession of the premises and all materials, tools, and appliances thereon and finish the project in whatever manner the Owner may deem expedient. The City may also terminate this Contract pursuant to Article 15, Section III of the Specifications. 5.2 It is mutually agreed between the Parties hereby that time is of the essence of this Contract, and in the event that the substantial completion date is not achieved within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Construction Manager, the sum of one thousand dollars ( $1,000.00) per day for each day that the work to be performed by the Construction Manager remains incomplete beyond the time limit specified herein, which sum of one thousand dollars ($1,000.00) per day shall only and solely represent damages which the City has sustained by reason of the failure of the Construction Manager to complete the work within the time stipulated, it being further agreed that the sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Construction Manager to complete and perform all work within the time period as specified in this Contract. 10 ARTICLE 6: INDEMNIFICATION 6.1 To the fullest extent permitted by law, Construction Manager 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 the Construction Manager, its contractors, subcontractors, agents, employees, or personnel under this Contract; (ii) any negligent acts, errors, mistakes or omissions by Construction Manager, its contractors, subcontractors, agents, employees, or, personnel; and (iii) Construction Manager, its contractors, subcontractors, agents, employees, or personnel failure to comply with or fulfill the obligations established by this Contract. 6.2 The Construction Manager 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. 6.3 The City assumes no liability for actions of Construction Manager and will not indemnify or hold Construction Manager or any third-party harmless for claims based on this Contract or use of Construction Manager provided supplies or services. 6.4 Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability the City (Owner) may be entitled to under the doctrine of sovereign immunity or section 768.28, Florida Statutes. 6.5 This article shall survive the termination of this Contract. ARTICLE 7: TITLE TO THE PROJECT 7.1 The title of all work, completed portions of the project and in the course of construction, and of all materials on account of which payment has been made shall be in the Owner. ARTICLE 8: ASSIGNMENT 8.1 This Contract shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, except that this Contract may not be assigned by either party without the prior written consent of the other party. Any assignment made without such prior written consent shall not vest rights in the assignee. ARTICLE 9: ADDITIONAL PROVISIONS 9.1 This Contract shall be governed by and construed in accordance with the laws of the State of Florida, and the venue for any dispute under this Contract shall be an 11 appropriate court of competent jurisdiction in Pinellas County, Florida. 9.2 Any notice required to be given by the terms and provisions of this Contract or by any law or governmental regulation, either by the Owner or Construction Manager, shall be in writing unless otherwise required by such law or regulation and shall be deemed to have been served and given when deposited in either Registered or Certified Mail in United States Branch Post Office, addressed to the party hereto to whom directed, at the address specified in the Specifications. 9.3 The language in this Contract shall be construed according to its customary meaning within the Florida building industry. Whenever used, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 9.4 If any provision of the Contract Documents is invalid or unenforceable as against any person or party, the remainder of the Contract Documents and the applicability of such provision to other persons or parties shall not be affected thereby. 9.5 The Parties are acting herein solely as independent contractors. Nothing herein contained will create or be construed as creating a partnership, joint venture, or agency relationship between the Parties. Each Party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other Party in any way. Each Party will be solely responsible for all wages, income taxes, worker’s compensation, and any other requirements for all personnel it supplies in connection with this Contract. 9.6 The City’s performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Clearwater City Council. (Signature pages to follow on next page) IN WITNESS WHEREOF, the parties hereto have made and executed this Contract on the date and year first above written. (Corporate Seal) J. Kokolakis Contracting, Inc., 12 a New York Corporation. By: Print Name: ______ Title: ______ WITNESS : By: Print Name: ______ Countersigned: CITY OF CLEARWATER, Florida, a Florida municipal corporation. Frank Hibbard Jon P. Jennings Mayor City Manager Approved as to form: Attest: Matthew J. Mytych, Esq. Rosemarie Call Assistant City Attorney City Clerk Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS #19-22 Construction Manager at Risk – Clearwater Beach Marina Dock Replacement April 7, 2022 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, May 11, 2022 for Construction Manager at Risk - Clearwater Beach Marina Dock Replacement. Brief Description: The City of Clearwater is seeking a Construction Manager at Risk (CMAR) firm to join the project team for the construction of the Clearwater Beach Marina Dock Replacement. Responses 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. This Request for Qualifications, any attachments and addenda are available for download at https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the response in accordance with the instructions. This document (less this invitation and the instructions) and any required documents, attachments, and submissions will constitute the response. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement Manager. This Request for Qualifications is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS CMAR – CWT Bch Marina Dock Replacement 2 RFQ #19-22 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 One (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 response. 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 response. i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: May 11, 2022 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted and will record the names and other information specified by law and rule. All responses 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 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, responses are available for inspection by contacting the Procurement Division. i.4 SUBMIT RESPONSES TO: It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Respondents may mail or hand-deliver responses to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Responses will be received at this address. Respondents may mail or hand-deliver proposals; e- mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a response that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent 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 respondent agrees to accept the time stamp in the City’s Procurement Division as the official time. i.6 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. INSTRUCTIONS CMAR – CWT Bch Marina Dock Replacement 3 RFQ #19-22 Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment i.7 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 response. Respondents are cautioned to verify their responses before submission, as amendments to or withdrawal of responses submitted after time specified for opening of responses may not be considered. The City will not be responsible for any respondent errors or omissions. i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses shall be submitted on the forms provided. An original and the designated number of copies of each response are required. Responses, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the response is not properly signed or if any changes are not initialed, it may be considered non-responsive. The City may require that an electronic copy of the response be submitted. The response 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 response. i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a (sub)contractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the respondent shall include a letter with its response 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 response from a respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to reissue the solicitation; to reject non-responsive or non-responsible responses; to reject unbalanced responses; to reject responses where the terms and/or awards are conditioned upon another event; to reject individual responses for failure to meet any requirement; to award by part or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any response. The City may seek clarification of the response from respondent at any time, and failure to respond is cause for rejection. Submission of a response confers on respondent 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 respondent and the City until the City executes a written contract or purchase order. i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a respondent 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 INSTRUCTIONS CMAR – CWT Bch Marina Dock Replacement 4 RFQ #19-22 acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.12 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 the purpose of this Article, 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.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or prospective respondents and affiliates. i.14 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. 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 CMAR – CWT Bch Marina Dock Replacement 5 RFQ #19-22 i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of City employees and/or authorized agents. The City staff may or may not initiate discussions with respondents for clarification purposes. Clarification is not an opportunity to change the response. Respondents shall not initiate discussions with any City employee or official. i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and the technical response. All responses must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the response complies with the instructions for submitting responses including completeness of response which encompasses the inclusion of all required attachments and submissions. The City must reject any responses that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the respondent 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: past performance, references (including those found outside the response), compliance with applicable laws, respondent's record of performance and integrity- e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent 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 respondent’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 Response. The City will determine how well responses meet its requirements in terms of the response to the solicitation 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. The criteria that will be evaluated and their relative weights are: Evaluation Criteria (pgs. 11-13) Points Qualifications, Experience, and References (Tab 2) 35 Project Approach (Tab 3) 30 Project Staff and Availability (Tab 4) 30 Construction Manager at Risk Fee and Safety Record (Tab 5) 5 i.17 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest ranked responses based on a preliminary evaluation against the evaluation criteria. Only those short- listed responders would be invited to give presentations and/or interviews. The City will finalize ranking of the firms upon conclusion of presentations/interviews. i.18 PRESENTATIONS/INTERVIEWS. If requested, the respondent must provide a formal presentation and/or interview. The location for these presentations and/or interviews will be determined by the City and may be held virtually. i.19 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City to accept the response as submitted. If respondent 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 response or revoke the award, and may begin negotiations with another Respondent. Final contract terms must be approved or INSTRUCTIONS – EVALUATION CMAR – CWT Bch Marina Dock Replacement 6 RFQ #19-22 signed by the appropriately authorized City official(s). No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s Purchasing website at https://www.myclearwater.com/business/rfp to view the Procurement Division’s Intent to Award postings. i.21 RFQ TIMELINE. All dates are tentative and subject to change. Release RFQ: 04/07/2022 Advertise Tampa Bay Times: 04/13/2022 Responses due: 05/11/2022 Review responses/presentations: 05/11/2022-06/07/2022 Award recommendation: 06/07/2022 Council authorization: July 2022 Contract begins: July 2022 DETAILED SPECIFICATIONS CMAR – CWT Bch Marina Dock Replacement 7 RFQ #19-22 1. PROJECT MISSION. The City of Clearwater is dedicated to providing superior services to its customers in order to improve the quality of life for Clearwater residents, businesses and visitors. The City is looking for vendors who share that dedication and will help the City meet that goal. 2. BACKGROUND & SITE DESCRIPTION: The Clearwater Beach Marina located at 25 Causeway Blvd south of the beach round-about near the intersection of Coronado Dr. and Causeway Blvd. was built in the early 1950’s. The marina’s utility infrastructure is outdated and at the end of its operational lifespan. The dock layout and construction no longer meet the needs of the modern boating market. The new replacement marina is required to be compliant with all local codes and ordinances, the FL Building Code, Americans with Disability Act, FEMA and environmental regulations. 3. SCOPE OF SERVICES. The City of Clearwater (City) intends to engage a Construction Manager at Risk (CMAR) firm to provide management of the preconstruction and construction phase services (collectively referred to as the Services) as described herein for the Clearwater Beach Marina Dock Replacement, Project #21-0008-MA. The city anticipates the design to be completed by Spring 2023 with construction to be completed by Fall/Winter 2024. In conjunction with the new floating dock system, uplands work includes replacement of the utilities, seawall maintenance and the construction of new marina sales kiosks. The existing marina office building and restaurant will remain, but it is anticipated that some very minor renovations of the building will be necessary. The chosen CMAR firm will join the project team after the 30% design phase to provide pre- construction phase services to the City under a purchase order for the negotiated pre- construction phase fees providing construction cost estimates at the 60% and 90% phases at a minimum, along with recommended value engineering options, constructability review, phasing plans, construction schedules, and identification and solutions to anticipated challenges. When the construction documents are sufficiently complete, the Construction Manager will establish and submit in writing to the City for approval a final Guaranteed Maximum Price (GMP) for the project. Once the GMP for construction of the project is agreed upon, the City staff may recommend to City Council to award the CMAR firm the Construction Manager at Risk contract. A CMAR Services Contract SAMPLE (Exhibit B) has been included with this solicitation. If a GMP cannot be agreed upon, the City may negotiate with the next highest ranked CMAR firm. The following documents are included with this RFQ: Exhibit A_Aerial View of Project Limits Exhibit B_CMAR Services Contract SAMPLE. Standard Construction Manager at Risk Services contract to be entered into upon successful negotiation. Applicable terms for City construction contracts referenced in Exhibit B are available at: https://www.myclearwater.com/government/city-departments/engineering/documents- publications/contract-specifications Exhibit C_Forms. Truth in Negotiation, E-Verify and Scrutinized Companies forms required per Florida Statute. Exhibit D_Standard Terms and Conditions. Standard Terms and Conditions applicable to the Purchase Order for pre-construction and construction phase services. Exhibit E_Clearwater Beach Marina Dock Replacement Conceptual Design_Moffatt & Nichol 2022. Exhibit F_Clearwater Beach Municipal Marina Expansion Feasibility Study_Wade Trim 2005 DETAILED SPECIFICATIONS CMAR – CWT Bch Marina Dock Replacement 8 RFQ #19-22 Exhibit G_Clearwater Beach Marina Utilities and Drainage Improvements_URS 2015 Exhibit H_Clearwater Beach Marina Electrical Distribution Evaluation_Long & Assoc 2018 Exhibit I_Seawall Inspection Report Beach Marina_Reuben Clarson 2020 Exhibit J_Hydrographic_Topographic Marina Survey_George F Young 2020 Exhibit K_Optional Services 4. INSURANCE REQUIREMENTS. The Contractor (respondent) 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 Contractor 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. Specific work may require additional coverage on a case-by-case basis: 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. Unless waived by the State of Florida, 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 $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the Contractor is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Contractor’s Equipment Insurance or 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. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one 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 prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) 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. DETAILED SPECIFICATIONS CMAR – CWT Bch Marina Dock Replacement 9 RFQ #19-22 f. Contractor shall maintain Pollution Liability Insurance to respond to bodily injury, property damage, and environmental damaged caused by a pollution incident. The minimum limits of liability shall be $1,000,000 (one million dollars) per Occurrence/$2,000,000 (two million dollars) Aggregate for the Project. 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 Contractor 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.” In addition, when requested in writing from the City, Contractor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFQ #19-22 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor 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 failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. MILESTONES CMAR – CWT Bch Marina Dock Replacement 10 RFQ #19-22 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. July 2022 to December 2024 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. RESPONSE FORMAT CMAR – CWT Bch Marina Dock Replacement 11 RFQ #19-22 1. RESPONSE SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, five (5) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. 2. RESPONSE FORMAT - Qualifications shall be submitted in bound volumes on standard 8½" x 11" paper. A single 8½" x 11" sheet printed on both sides is two (2) pages. All information must be assembled and indexed in the order indicated below. The page count shall not exceed twenty-two (22) total pages, including typed text, graphics, charts and photographs. The total page count does not include documents submitted for Tab 2 (c) Reference Letters, Tab 6 and Tab 7, the tabbed separator pages, cover page, and back page. TAB 1 – LETTER OF INTEREST (two [2] pages). The cover letter must include the full legal name of the firm, the following information, and must be signed by an authorized representative of the company, preferably the president. Offeror must attach proof to the letter of signing authority for any representative who signs the cover letter other than the president. a. A brief summary of the proposing firm’s interest in the providing the requested services b. A statement of the Offeror’s understanding of the Construction Manager at Risk (CMAR) services with Guaranteed Maximum Price (GMP) to be provided c. The address of the office conducting the CMAR services d. The address of the office that would administer the agreement e. A list of Corporate officers, partners, or owners of your organization with titles and addresses. If the Offeror is a publicly held company list chairman of the board, chief executive officer (CEO), and president. f. The names(s) of the person(s) that will be authorized to make representations for the Offeror, including their titles, addresses, telephone numbers, and e-mail addresses TAB 2 – QUALIFICATIONS, EXPERIENCE, AND REFERENCES (eight [8] pages). Explain related marine CMAR services for site development and construction experience. Include examples of similar completed projects, particularly with floating dock marinas. Provide a list of construction projects with construction value of $5 million or more, both active and completed in the past seven (7) years. Include the project name, location, owner, Architect/Engineer, description, dates services were performed for the project; color images of projects; initial and final construction cost (explain deviations from GMP), including change orders; initial and final contract duration (explain deviations); type of contract and the stage of design or construction that the construction contract amount (GMP) was agreed upon. Specify any marine related services self-performed. Provide a minimum of three (3) references from similarly complex projects using a CMAR with the GMP process with a value of $5 million or more within the past seven (7) years. Reference projects must include: a. Offeror’s project management team assigned to respective project who will be designated for this RFQ’s project team b. Client project manager name, title, email address, and telephone numbers c. Reference letters from the project owner(s) must be specific to the referenced project (not included in page count) TAB 3 – PROJECT APPROACH (six [6] pages). Demonstrate the ability to provide the Concept Review and Cost Analysis, Pre-construction and Construction Phase services. Expand on items such as reporting systems, scheduling, construction phasing, cost estimating and value RESPONSE FORMAT CMAR – CWT Bch Marina Dock Replacement 12 RFQ #19-22 engineering (VE). Include examples of similar multi-phase projects where these processes have been used. a. Explain how the Offeror will provide the: (1) leadership; (2) management; and (3) administration required to be successful in the development of this project. b. Explain generally how Offeror will provide the Concept Review and Cost Analysis Services. c. Provide a summary of cost control methods for the (1) Pre-construction Phase; and (2) Construction Phase of the Project. d. Provide estimated duration of proposed construction phases. e. Describe how firm will maintain quality control methods for the (1) Pre-construction Phase; and (2) Construction Phase of the project. f. Describe how firm will maintain schedule control methods for the (1) Pre-construction Phase; and (2) Construction Phase of the project. g. Explain firm’s team approach to resolve potential conflicts with the (1) trade contractors and (2) City. h. Provide a brief narrative outlining why your firm is the best qualified to perform the CMAR services with GMP outlined in this RFQ. TAB 4 – PROJECT STAFF AND AVAILABILITY (four [4] pages). Provide a list of key personnel the Offeror will commit to the project for its duration. Identify specific roles for each listed staff (such as project executive, project manager, on-site senior staff, superintendent etc.). Confirm that no key staff changes will take place without written authorization of the City. Identify prior similar projects the key personnel listed have worked on together as a team on behalf of the Offeror. Demonstrate staff’s knowledge of local work force, permitting processes, potential challenges on this project and solutions. Explain how expert sub-contractors in their field will be selected in a cost compatible process. Provide a list of key sub-contractors, their references, and a Memorandum of Understanding (MOU) for their commitment to join your team. Identify prior projects the key sub-contractors have worked on with your team. TAB 5 – CONSTRUCTION MANAGER AT RISK FEE AND SAFETY RECORD (two [2] pages). Provide Construction Manager at Risk fee percentage (not dollar amount) of the yet-to-be- determined Guaranteed Maximum Price. Provide data on the Offeror’s safety record of the past three (3) years as a percentage of employees’ direct hire fixed work hours, rounded to the nearest 1,000’s. Data should include: number of injuries and illness; number of lost time accidents; number of recordable cases; number of fatalities. Provide number of direct hire fixed hours worked. List your organization’s Workers’ Compensation Experience Modification Rate (EMR) for the last seven (7) years as obtained from your insurance agent. TAB 6 – Litigation. NOTE: this is not considered Confidential or Proprietary information – any response indicating such may be deemed non-responsive to the RFQ. a. Provide a complete listing of any convictions or fines incurred by the respondent firm or any of its principals for violations of any state or federal law within the past three (3) years. Identify firm’s executives who have current claims or who have participated in litigation against the City of Clearwater while with another firm. Executives of firms currently under litigation with the City may not be considered for this project. b. Provide a complete listing of all litigation involving a construction project or contract (excluding personal injury and workers’ compensation) whether currently pending or concluded within the past three (3) years in which the respondent firm was a named party. c. Provide a complete listing of all administrative proceedings involving a construction project or contract, whether currently pending or concluded within the past three (3) years, in which the respondent firm was a named party. (NOTE: Administrative RESPONSE FORMAT CMAR – CWT Bch Marina Dock Replacement 13 RFQ #19-22 Proceedings shall include: (i) any action taken or proceeding brought by a governmental agency, department, or officer to enforce any law, regulation, code, legal, or contractual requirement, except for those brought in state or federal courts; (ii) any action taken by a governmental agency, department, or officer imposing penalties, fines, or other sanctions for failure to comply with any such legal or contractual requirement; or (iii) any other matter before an administrative body.) d. Provide a complete listing of all arbitrations involving a construction project or contract, whether currently pending or concluded in the past three (3) years, in which the respondent firm was a named party. TAB 7 - Other Forms. The following forms should be completed and signed: a. Exceptions, Additional Materials, Addenda form b. Company Information form c. Response Certification form d. Exhibit C Forms e. Copy of the firm’s current Florida Department of Business and Professional Regulation’s License and Contractor License f. If the firm is a corporation, a copy of the current Florida Corporation Registration g. W-9 Form. All responses should include a fully completed, most current W-9 form. Failure to include the W-9 will not disqualify your bid. (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA CMAR – CWT Bch Marina Dock Replacement 14 RFQ #19-22 Respondents shall indicate any and all exceptions taken to the provisions or requirements 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 Response 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 response Additional Materials attached (describe--attach additional pages if needed) Addenda Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at https://www.myclearwater.com/business/rfp prior to the bid opening. Failure to acknowledge any addenda issued may render a Bid Non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name__________________________________________________ Date__________________ COMPANY INFORMATION CMAR – CWT Bch Marina Dock Replacement 15 RFQ #19-22 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 response: 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. RESPONSE CERTIFICATION CMAR – CWT Bch Marina Dock Replacement 16 RFQ #19-22 By signing and submitting this Response, the Company 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) 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. e) 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. f) 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. g) 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. h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. i) It is current in all obligations due to the City. j) It will accept such terms and conditions in a resulting contract if awarded by the City. k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER CMAR – CWT Bch Marina Dock Replacement 17 RFQ #19-22 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #19-22, CMAR – CWT Beach Marina Replacement Due Date: May 11, 2022, 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 RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #19-22, CMAR – CWT Beach Marina Replacement Due Date: May 11, 2022, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services------------------------------------------------ Pre-Construction Services Proposal for CM@Risk Project Date 12/22/2022 TO: Jeff Walker, P.E. City of Clearwater – Engineering Department 100 S. Myrtle Ave., Suite 200 Clearwater, FL 33756 RE: BEACH MARINA REPLACEMENT (21-0008-MA) Thank you for the opportunity to provide Preconstruction Services for the Clearwater Beach Marina Replacement Project. The scope of the project includes new timber and floating dock system, expansion of the marina for commercial and recreational vessels, relocation of the existing ticket offices to the upland, new sidewalks and hardscaping to establish a “marina walk”, replacement of the utilities and seawall maintenance. The existing marina office building and restaurant will remain, but it is anticipated that some minor renovations of the building will be necessary. The construction budget is expected to be between $19 million and $32 million. Kokolakis will assist the City and Design Team with identifying the costs for the required Scope of Work as well as additional scope items that can be incorporated into the project if additional funding is available. As requested, enclosed is the proposal for Preconstruction Services of the Clearwater Beach Marina Replacement Project submitted in accordance with the Scope of Work as outlined below, for a Guaranteed Maximum Price of ($99,264.00.) Scope of Work: 30% Design Phase  Kickoff Meeting between Designers, Construction Manager, City of Clearwater personnel, and marina personnel to review the project scope, list of required items, list of desired items, timeframes, and discuss the overall site/facility master plan.  Evaluate the Owner’s Program, Schedule and Construction Budget and provide feedback as to validity, challenges and opportunities.  Review Geotechnical Report, Hazardous Material Surveys and other site Environmental reports that may be required.  Visit the site to review existing conditions and familiarize the team with the proposed scope and how those interplays with the existing operations.  At completion of 30% Design, review the Design submittal and provide detailed quantity surveys of dock materials, utilities, structural components, and equipment to provide a detailed cost estimate organized in a Schedule of Values format.  Develop preliminary staging, access and phasing plan.  Develop preliminary procurement and construction schedule.  Develop “Shopping List” of project scope items so that City can prioritize incorporation into the project as funding becomes available.  Perform an interdisciplinary constructability plan review, compile comments and meet with the Design Team to discuss comments and assist with the further development of the documents.  Provide list of alternatives based on their added value or life cycle cost analysis versus first cost to the project.  Review meeting minutes prepared by Design Team.  Assemble and present bound deliverable including narrative, schedule of values, detailed cost breakdowns, list of alternates, allowances, unit prices, clarifications, project schedule, list of documents and other exhibits necessary.  Assist City with Power-Point slides and hand-outs for City Council presentation and approval. 60% Design Phase  Update quantity surveys based on partial structural drawings, civil drawings, architectural and MEP drawings.  Update staging, access, and phasing plan.  Update Construction Schedule.  Develop Safety Plan and delineate costs and procedures.  Develop Quality Control Plan.  Update cost estimate, clarifications, and other exhibits.  Perform an interdisciplinary constructability plan review, compile comments and meet with the Design Team to discuss comments and assist with the further development of the documents.  Assist Design team with any data or means and methods descriptions that are required to be submitted with the Environmental permits. (FDEP, SWFWMD, EPC)  Review meeting minutes prepared by Design Team.  At the completion of the Design Development phase, present an updated deliverable.  Assist City with Power-Point slides and hand-outs for City Council presentation and approval. GMP - 90% Construction Document Phase  Finalize quantity surveys for buildings and site improvements.  Verify that Design Team has incorporated all required scope items, comments from interdisciplinary review and properly delineated Alternates.  Finalize staging, access, phasing plans.  Finalize Construction Schedule.  Finalize Safety and Quality Control Plans.  Update cost estimate, clarifications, list of documents and other exhibits for deliverable.  At the completion of the Design Development phase, present an updated deliverable.  Assist City with Power-Point slides and hand-outs for City Council presentation and approval. 100% Construction Documents  Apply for building permits and other required utility connections requests. Assist Design team if needed for response to comments by Authorities Having Jurisdiction until Permits are approved. Cost Detail: Description Amount 30% Design Phase $31,862 60% Design Phase $29,594 90% Construction Documents $29,959 100% Construction Documents $7,849 Guaranteed Maximum Price $99,264 Project Duration shall be __TBD____ calendar days from the date of the Notice to Proceed. 1. Fees presented are calculated and summarized into a Lump Sum Fee per Phase. 2. Fees are to be invoiced as a percentage complete, monthly for the duration of the service period. 3. Geotechnical Engineering, Quality Control Testing, Surveying, Easements, Hazardous Material Services, Design, Environmental Consulting, Environmental Mitigation, Preservation or similar services are not included. 4. Plan review fees, permit fees, impact fees, NPDES fees, development fees, Right of Way access fees/permits, or environmental removal and disposal costs are not included. Existing Contract: This proposal is submitted in conjunction with the existing Construction Manager at Risk Contract based on RFQ #19-22. If GMP Exceeds $150,000: Per Section III, Article 5.1 of the Contract Specifications, the contractor shall provide to the public entity a certified copy of the recorded bond. Once the City receives a certified copy of the recorded bond, a Notice to Proceed may be issued. Include the attached bond form as well as the Power of Attorney. For work performed, invoices shall be submitted to the City of Clearwater, Engineering Department, Attn: Stephanie Sansom, Division Controller, Public Works Dept., P.O. Box 4748, Clearwater, Florida, 33758-4748. Contingency services may be billed only after written authorization is provided by the City to proceed with those services. J. KOKOLAKIS CONTRACTING, INC. CITY OF CLEARWATER, FLORIDA By: _________________________________ By: ______________________________ Roderick C. Voigt Jon P. Jennings Executive Vice President City Manager ____________________________________ _______________________________ Date Date Exhibit J Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Project # 21-0008-MA Clearwater Beach Marina Replacement Project Overview Seawall Marina Operations Fuel Docks 700’ ROW from the original C/L of Bridge Map Gen By: CRM Reviewed By: EC/JW Date: 3/19/2021 Utility Corridor N N.T.S. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1410 Agenda Date: 1/12/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Accept the annual report of the status of Transfers of Development Rights (TDRs). (consent) SUMMARY: Pursuant to Community Development Code Section 4-1403(H), a record of Transfer of Development Rights (TDRs) must be maintained and reported annually to the City Council and the Pinellas Planning Council (Forward Pinellas). A Transfer of Development Rights (TDRs) is the conveyance of development rights by deed, easement, or other legal instrument from a parcel or parcels of land (the sending site) to another parcel or parcels of land (the receiving site). TDRs are enabled through the Countywide Rules and are governed by Article 4 Division 14 of the City’s Community Development Code (Code). The Code sets forth the requirements for the conveyance of the development rights, certain limitations to how much and where additional development potential can be used, and the process for approval to use any TDRs through a Level Two Flexible Development (FLD) application and approval by the Community Development Board (CDB). The Code prohibits TDRs to or from parcels in the Low Density Residential (LDR) or Low Medium Density Residential (LMDR) Districts, as well as into the coastal storm area from outside of the coastal storm area. Additionally, properties located within the city’s redevelopment areas (governed by Beach by Design, Clearwater Downtown Redevelopment Plan, or US 19 District) may only transfer development rights to another property within the same plan area. Through this program, development rights may be sold by one property owner (sending site) to be used by another property owner (receiving site), which would allow the receiving site to utilize the extra density or intensity on the receiving site; it does not create new density or intensity, but rather shifts where it may be used, pursuant to the standards in the Code. Community Development Code Section 4-1403.H states that the Community Development Coordinator shall keep a record of such transfers and report them annually to the City Council and Pinellas Planning Council (Forward Pinellas). This shall serve as the annual report of the record of transfers. The CDB approved the use of TDRs from two properties in 2022. On June 21, 2022 the Board approved FLD2020-05012A and TDR2022-01001 and TDR2020-07002A for the transfer of 17 hotel unit development rights from the sending sites located at 420 Hamden Drive and 170 Brightwater Drive to the receiving site of 405 East Shore for a hotel project. Since 1999, 37 TDRs applications have been submitted to the Planning and Development Department for consideration by the Community Development Board. The statuses of those Page 1 City of Clearwater Printed on 1/10/2023 File Number: ID#22-1410 applications are as follows: ·12 have been completed and built ·7 applications were approved but the associated projects have not been constructed ·The projects associated with 17 TDR applications have expired as the projects were not constructed within the required timeframe ·1 application was denied Page 2 City of Clearwater Printed on 1/10/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1383 Agenda Date: 1/12/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve a work order to Jones Edmunds and Associates, Inc. of Tampa, FL, for the East WRF Screw Pump Replacement project (22-0028-UT), in the amount of $216,585, pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Continuing Services (EOR), and authorize the appropriate officials to execute same. (consent) SUMMARY: The East Water Reclamation Facility (WRF) Screw Pump Replacement project entails replacement of the three existing screw lift pumps which are nearing the end of their useful life . The three screw pumps are used to lift processed wastewater up and into the oxidation reactor where the wastewater is further treated. These screw lift pumps are unique to the East WRF and are therefore custom designed and fabricated (i.e., there are no direct replacements available). In its entirety, this project will consist of design, bidding, fabrication, and subsequent construction. This work order is the initial step (design and bidding). Once the design is complete and a contractor selected through the bidding process, a future item will be brought forth for fabrication and construction. The City of Clearwater Public Utilities Department is responsible for owning, operating, and maintaining the East WRF. APPROPRIATION CODE AND AMOUNT: 3277327-530100-M1907 $216,585.00 Funding is available in Utility Renewal and Replacement Project M1907, WPC R&R, to fund the work order Page 1 City of Clearwater Printed on 1/10/2023 Jones Edmunds & Associates, Inc. City of Clearwater Consultant Work Order Page 1 of 11 Revised: 10/27/2021 CONSULTANT WORK ORDER Date: 12/09/2022 1. PROJECT INFORMATION: Project Title: East WRF Screw Pump Station Replacement City Project Number: 22-0028-UT City Plan Set Number: 2022018 Consultant Project Number: 03720-060-01 2. SCOPE OF SERVICES: Jones Edmunds & Associates, Inc. is pleased to provide the City of Clearwater with this proposal for the design, permitting, and bid phase services to improve the East WRF Screw Pump Station. The existing Screw Pump Station consists of three Archimedes screw pumps with 18- MGD capacity each, with 100 horsepower motors (36 MGD Firm Capacity) and one submersible, constant-speed pump with 4 MGD capacity inclined over a concrete channel, providing internal recycle for the facility. The influent channel receives flow from the facility’s anoxic basins and the screw pump station effluent channel feeds the facility oxidation reactor. Due to age, condition, and risk/consequences of failure, the City has requested that the screw pumps be replaced. Associated equipment supporting or connecting the screw pumps to the structure is also outdated, no longer has spare part availability, and is suspected to be in poor condition needing replacement. The structure itself may also require improvements to maintain its appropriate integrity. These components need to be improved so that they can continue to reliably serve the City. The screw pump station is currently the only means to convey influent, internal recycle flow and return activated sludge flow from the anoxic basins to the oxidation reactor, and therefore it is a critical pump station for plant reliability. If maintenance or repairs are required to the pump station or its equipment, costly bypass pumping could be required. As part of this project, Jones Edmunds will proceed with the design and bid phase services, using the previously completed Screw Pump Evaluation Report (Jones Edmunds, February 2021) performed under project 20-0013-UT. That report recommended two alternatives as potential solutions depending on when impacts to the East WRF station might occur. This was based on the fact that the City noted various CONSULTANT WORK ORDER Clearwater East WRF Screw Pump Station Replacement Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Work Order Page 2 of 11 Revised: 10/27/2021 considerations for the East WRF construction at the time of the report which could directly impact the internal recycle transfer pump station and potentially remove it from operation by either decommissioning the facility or modifying the treatment process. It was recommended that if the transfer pump station was going to be taken offline or significantly impacted over the next 5 years from the time of the report, that no action may be feasible as the most cost-effective solution, however, continued high- maintenance labor and costs for those 5 years would still be required and catastrophic failure of the existing until could still remain possible. It was recommended that if the transfer pump station was going to be taken offline or significantly impacted within 6-10 years or more of the time of the report, that the most cost-effective solution would be to replace the screw pumps in their entirety. This would result in the lowest long-term capital investment as well as reduced labor hours and cost while allowing continued, reliable operation of the facility with the same technology that the WRF staff are accustomed to using at that site. This is the solution for which the City approached Jones Edmunds to create this scope of services. I. PRE-DESIGN PHASE: Task 1.1: PREVIOUSLY COMPLETED UNDER 20-0013-UT II. DESIGN PHASE (if applicable): Task 2.1: PREVIOUSLY COMPLETED UNDER 20-0013-UT AND NOT REQUIRED Task 2.2: Progress Meeting and Project Catalog As part of this Task, Jones Edmunds will: a. Attend a Kickoff Meeting at the City’s East WRF to obtain and discuss the history of the project, update goals of the project considering current facility plan efforts, confirm design conditions, review previous Screw Pump Evaluation Reports, prepare and distribute a meeting agenda, including previous Screw Pump Evaluation Report information, and prepare and submit meeting minutes to attendees by email. b. Jones Edmunds will prepare and submit Health and Safety Plan to be approved by the City Project Manager prior to mobilizing to the site to conduct field investigations. This will primarily be modifications to the Health and Safety Plan provided under 20-0013-UT. c. Jones Edmunds will prepare a quality control plan for the City’s review. QC certification will be submitted with each deliverable. d. Maintain all project files for the project catalog include data requests, assumptions, critical correspondence, meeting agenda, sign-in sheets, meeting minutes, document comment-response log(s), technical CONSULTANT WORK ORDER Clearwater East WRF Screw Pump Station Replacement Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Work Order Page 3 of 11 Revised: 10/27/2021 memorandum/reports, addenda, progress reports, regulatory correspondence, design submittals, and other project-related documents. Deliverables • Jones Edmunds will prepare and submit the City’s Summary of Comments (SOC) form, meeting agenda and minutes for the kickoff meeting. • Jones Edmunds will submit a Health and Safety Plan. • Jones Edmunds will submit Quality Control Certifications. • Jones Edmunds will submit the project catalog at the end of the project. III. FINAL DESIGN PHASE (if applicable): Task 3.1: 60% Design Submittal As part of the 60% Design Submittal, Jones Edmunds will: a. Incorporate any comments the City has on the previous Screw Pump Evaluation Reports and progress the design. b. Prepare the following documents • City’s Summary of Comments Form (if applicable) containing responses to any of the City’s comments on the previous evaluation reports received. • 60% Design Plans. The Design Plans will be developed using the City’s CAD Standards. The 60% Design Plans are expected to include General Sheets, Demolition Sheets, Civil Sheets, Structural Sheets, Mechanical Sheets, Electrical Sheets, and Instrumentation Sheets. • 60% Specifications. The 60% design specifications are expected to include: i. Division 11 ii. Division 15 iii. Division 16 c. Attend a 60% Design Review Meeting to obtain and discuss the City’s comments, agree on modifications to the Submittal Documents, prepare and distribute a meeting agenda, and prepare and submit meeting minutes to attendees by email. Deliverables • 60% Submittal – Submit an electronic PDF version of the 60% Design specifications and plans. Submit one hard copy of the 60% specification and plans upon request. • 60% meeting agenda and minutes. • Engineer’s Opinion of Probable Construction Cost. • City’s Summary of Comments Form. CONSULTANT WORK ORDER Clearwater East WRF Screw Pump Station Replacement Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Work Order Page 4 of 11 Revised: 10/27/2021 Key Assumptions • Jones Edmunds assumes one meeting is required to review the 60% submittal. Task 3.2: 90% Design Submittal As part of the 90% Design Submittal, Jones Edmunds will: a. Incorporate the City’s previous 60% Design Review Comments and progress the design. b. Prepare the following documents: • Finalize City’s Summary of Comments Form containing responses to the City’s previous comments. • 90% Design Plans. The Design Plans will be developed using the City’s CAD Standards. The 90% Design Plans are expected to include General Sheets, Demolition Sheets, Civil Sheets, Structural Sheets, Mechanical Sheets, Electrical Sheets, and Instrumentation Sheets. • 90% Specifications. The 90% design specifications are expected to include: i. Division 1 ii. Division 2 iii. Division 3 iv. Division 5 v. Division 9 vi. Division 11 vii. Division 13 viii. Division 15 ix. Division 16 • Updating the opinion of probable construction cost. c. Attend a 90% Design Review Meeting to obtain and discuss the City’s comments, agree on modifications to the Submittal Documents. Prepare and distribute a meeting agenda. Prepare and submit meeting minutes and City Summary of Comments to attendees by e-mail. Deliverables • 90% Submittal – Submit an electronic PDF version of the 90% Design specifications and plans. Submit one hard copy of the 90% specifications and plans upon request. • Engineer’s Opinion of Probable Construction Cost. • 90% meeting agenda and minutes. • City’s Summary of Comments Form. Key Assumptions CONSULTANT WORK ORDER Clearwater East WRF Screw Pump Station Replacement Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Work Order Page 5 of 11 Revised: 10/27/2021 • Jones Edmunds assumes one meeting is required to review the 90% submittal. Task 3.3: 100% Design Submittal a. Incorporate the City’s 90% Design Review Comments and progress the design. b. Prepare the following documents: • Finalize City’s Summary of Comments Form containing responses to the City’s previous comments. • 100% Design Plans. The design plans will be developed using the City’s CAD standards. The 100% Design Plans are expected to include the sheets as previously listed under Task 3.2. • Contract Documents and 100% Specifications. The Contract Documents include the City’s front ends (Section I, II, III, IV, and V). The 100% specifications will include Jones Edmunds Technical Specifications including Divisions 1, 2, 3, 5, 9, 11, 13, 15, and 16 which will be inserted into City Section IVa. • An opinion of probable construction cost. c. Attend a Review Meeting to obtain and discuss the City’s comments, agree on modifications to the Submittal Documents, and discuss the Bidding and Construction Schedule. Prepare and distribute a meeting agenda. Prepare and submit meeting minutes to attendees by e-mail. Deliverables • 100% Submittal – Submit an electronic PDF version of the 100% Design specifications and plans. Submit one hard copy of the 100% specifications and plans upon request. • 100% meeting agenda and minutes. • Engineer’s Opinion of Probable Construction Cost. • City’s Summary of Comments Form. Key Assumptions • Jones Edmunds assumes one meeting is required to review the 100% submittal. Task 3.4: Bid Documents Submittal a. Incorporate the City’s previous 100% Design Review Comments and complete the design. b. Prepare the following documents: • City’s Summary of Comments Form containing responses to the City’s previous comments. CONSULTANT WORK ORDER Clearwater East WRF Screw Pump Station Replacement Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Work Order Page 6 of 11 Revised: 10/27/2021 • Design Plans. • Contract Documents and Specifications. • Engineer’s Opinion of Probable Construction Cost. Deliverables • Submit an electronic PDF version and up to three hard copies of the Bid Document Submittals. Plans are to be full sized. The Plans, Contract Documents, and Specifications will be signed, dated, and sealed. Key Assumptions • Jones Edmunds assumes no meeting is required to review the bid documents. IV. PERMITTING: Task 4.1: WRF Permitting Assistance Jones Edmunds will provide the following FDEP permitting assistance related to the WRF: a. Attend one pre-application meeting with the FDEP and the City. b. Prepare the required FDEP wastewater permit application forms after the 60% design activities are completed: • 62-620.910(1), Wastewater Facility or Activity Permit Application – General Information – Form 1. • 62-620-910(2), Wastewater Permit Application Form 2A for Domestic Wastewater Facilities and associated permit application package, including calculations, exhibits, maps, and the drawings and specifications. • Respond to up to two Requests for Additional Information (RAI) from FDEP. Deliverables: • Jones Edmunds will prepare the FDEP meeting agenda and minutes. Jones Edmunds will prepare and submit the draft permit application package for City review. Jones Edmunds will submit one electronic copy of the fully executed permit application package to the City. Key Assumptions • Jones Edmunds will use FDEP’s standard application forms as provided on the FDEP website. • Jones Edmunds assumes one meeting per permit application and two RAIs will be sufficient to satisfy the applications. CONSULTANT WORK ORDER Clearwater East WRF Screw Pump Station Replacement Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Work Order Page 7 of 11 Revised: 10/27/2021 • An allowance of $500 is included in the fee estimate for the permit application fee. If any additional permits are required for the project an amendment to the scope of services and fee will be required. Task 4.2: City Building Permit a. Attend a Building Permit coordination meeting. b. Prepare and submit the application and drawings to the City building department. c. Prepare and submit a building permit amendment if required by the City. Deliverables • Jones Edmunds will electronically submit the building permit application. Key Assumptions • The General Contractor will be responsible for obtaining the Building Permit. V. BIDDING PHASE: Task 5.1: Bid Phase Services a. Prepare a Pre-Bid Meeting agenda, lead Pre-Bid Meeting (the City’s Operations and Engineering staff will be in attendance), and prepare Pre-Bid Meeting minutes to be distributed by the City to all potential bidders. b. Review Requests for Information (RFIs) from bidders and issue addendum if necessary. c. Evaluate the bidders’ bid proposals and provide the City with a recommendation for award. d. Assist the City with preparation of Conformed Documents following the bid award, as applicable. Modifications to the Drawings and Specifications resulting from coordination as part of Bid and Agreement. Key Assumptions • Jones Edmunds assumes one pre-bid meeting for the project. • Jones Edmunds has budgeted for three addenda. • ADA compliant bid documents are not included in this scope of services. VI. CONSTRUCTION PHASE (if applicable): Task 6.1: Not Included. 3. PROJECT GOALS: The project goal is to design a replacement to the existing screw pump station components that are outdated and in poor condition to reduce the potential for an on- site unauthorized discharge and provide reliable operation during a storm surge event. CONSULTANT WORK ORDER Clearwater East WRF Screw Pump Station Replacement Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Work Order Page 8 of 11 Revised: 10/27/2021 The outcome and benefit of the project will be to provide the City with an improved screw pump station that can continue to provide reliable service and production of reclaimed water for unrestricted public access reuse, while being more cost effective to operate and maintain, lowering the City’s power and maintenance costs. Work products that will be developed during and at completion of this project will be provided as summarized under Tasks II and III and include the project catalog. 4. FEES: See Attachment “A”. This price includes all labor and expenses anticipated to be incurred by Jones Edmunds & Associates, Inc. for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate by Task, for a fee not to exceed Two Hundred Sixteen Thousand Five Hundred Eighty-Five Dollars ($216,585.00) which includes a 10% contingency. Permit application fees (include permit costs in the project fees) will be paid by the consultant and invoiced to the City as a reimbursable. 5. SCHEDULE: The project is to be completed in 9.33 months from issuance of notice-to-proceed (NTP). The project deliverables are to be phased as follows (from NTP): 60% Construction Plans and Permit Applications: 90 calendar days 60% Review Meeting: 105 calendar days 90% Construction Plans: 175 calendar days 90% Review Meeting: 190 calendar days 100% Construction Plans: 235 calendar days 100% Review Meeting: 250 calendar days Bid Documents: 280 calendar days 6. STAFF ASSIGNMENT: The firm’s staff assignments to this project include: Tom Friedrich, PE, BCEE Officer in Charge Sean Menard, PE, CDT, ENV SP, Assoc. DBIA Senior Project Manager/EOR Timothy Lillo, PE Engineer Christopher Makransky, EI Engineer Intern Marisol Alvarez, EI Engineer Intern Ron Meadows Senior CAD Designer John Kramer Senior CAD Designer / QAQC Anthony Holmes Senior Engineer / QA/QC Greg Fruecht Construction Administrator / QAQC CONSULTANT WORK ORDER Clearwater East WRF Screw Pump Station Replacement Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Work Order Page 9 of 11 Revised: 10/27/2021 The City’s staff assignments to this project include: Christina Goodrich Project Manager Jeremy J. Brown, PE Engineering Manager, Utilities Kervin St. Aimie P.U. Infrastructure Maintenance Manager Daniel Trueblood P.U. Public Utilities Assistant Manager Jack Sadowski East WRF Chief Operator Michael Flanigan Public Utilities Assistant Director Richard G. Gardner, PE Public Utilities Director 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to: Project Manager. All City project correspondence shall be directed to: Project Manager, with copies to the Engineering Manager, Public Utilities Assistant Director and Director. 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code: _____________________________ For work performed, invoices shall be submitted monthly to: ATTN PU ACCOUNTING CITY OF CLEARWATER, PUBLIC UTILITIES DEPARTMENT 1650 No Arcturas Ave Bldg-C CLEARWATER, FLORIDA 33765-1945 Email Invoices to: PUEngineering@myClearwater.com Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 1. Purchase Order, Project and Invoice Numbers and Contract Amount. 2. The time period (begin and end date) covered by the invoice. 3. A short narrative summary of activities completed in the time period. 4. Contract billing method – Lump Sum or Hourly Rate. CONSULTANT WORK ORDER Clearwater East WRF Screw Pump Station Replacement Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Work Order Page 10 of 11 Revised: 10/27/2021 5. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). 6. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, the percent completion, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). 7. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. CONSIDERATIONS: Consultant acknowledges the following: 1. The Consultant named above is required to comply with Section 119.0701, Florida Statutes, where applicable. 2. All City directives shall be provided by the City Project Manager. 3. “Alternate equals” shall not be approved until City Project Manager agrees. 4. All submittals must be accompanied by evidence each has been internally checked for QA/QC before providing to City. 5. Consultants/Contractors are not permitted to use City-owned equipment (i.e. sampling equipment, etc.). 6. Documents posted on City website must ADA accessible. 11. ADDITIONAL CONSIDERATIONS: All work orders should include considerations for the following: 1. Sea Level Rise and Flood Resilience will be considered, as applicable, for this project in conjunction with the WRF Master Plan (17-0007-UT). 2. Submittal of a Critical Path Method (CPM) Schedule(s). 3. Submittal of a Project Catalog with the following items, as appropriate: a. Data requests, assumptions, critical correspondence, meeting agenda, sign-in sheets, meeting minutes, document comment-response log(s), technical memorandum/reports, addenda, progress reports, regulatory correspondence, and other project-related documents. b. If construction project, also include design plans, conformed plans, change orders, field orders, RFIs, work change directives, addenda, progress reports, shop drawing and progress submittals, as-builts, record drawings, and other project-related documents such as O&M manuals and warranty information. c. At the conclusion of the project, ENGINEER will combine this information into a Project Catalog and submit to the City for review and comment. CONSULTANT WORK ORDER Clearwater East WRF Screw Pump Station Replacement Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Work Order Page 11 of 11 Revised: 10/27/2021 4.Arc Flash labeling requirements: a.All electrical designs and construction shall adhere to NFPA 70 E “Standard for Electrical Safety in the Workplace”. b.Updated calculations of Fault and Arc Flash, and provisions for new or updated Arc Flash equipment labeling shall be included in the contract documents. 12.SPECIAL CONSIDERATIONS: •Since this is a replace-in-kind project it is assumed that the existing elevations and inverts of structures will not be change to account for future Sea Level Rise and Flood Resilience. •Since this is a replace-in-kind project, it is assumed that the existing arc flash labels will be used during design and that updated calculation of fault and arc flash will not be required by the Engineer. The Plans and Specifications will include a requirement for the Contractor to obtain and provide this information during Construction. 13.SIGNATURES: PREPARED BY: APPROVED BY: Stanley F. Ferreira, Jr., PE Richard G. Gardner President / Chief Executive Officer Director, Public Utilities Jones Edmunds & Associates, Inc. City of Clearwater Date Date SMenard 12/9/2022 JCrowley 12/9/2022 Stanley F. Ferreira, Jr. (Dec 9, 2022 15:23 EST) Stanley F. Ferreira, Jr. Dec 9, 2022 ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE Clearwater East WRF Screw Pump Replacement Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Work Order – Project Fees Table Page 1 of 1 Revised: 10/27/2021 CONSULTANT WORK ORDER PROJECT FEES TABLE Task Description Subconsultant Services Labor Total 2.0 Design Phase 2.2 Progress Meeting $0 $12,390 $12,390 Design Phase Total: $12,390 3.0 Final Design Phase Plans and Specifications 3.1 60% Design Submittal $12,300 $43,035 $55,335 3.2 90% Design Submittal $6,150 $30,405 $36,555 3.3 100% Design Submittal $1,750 $29,650 $31,400 3.4 Bid Documents Submittal $1,215 $15,550 $16,765 Final Design Plans and Specifications Total: $140,055 4.0 Permitting Services 4.1 WRF Permitting Assistance $0 $11,605 $11,605 4.2 City Building Permit $0 $6,300 $6,300 Permitting Services Total: $17,905 5.0 Bid Phase Services 5.1 Bid Phase Services $0 $26,045 $26,045 Bid Phase Services Total: $26,045 SUBTOTAL, LABOR AND SUB-CONTRACTORS: $196,395 6.0 Permit Fees $500 TOTAL: $196,895 7.0 Contingency (10%) $19,690 GRAND TOTAL $216,585 ATTACHMENT “B” (Include if applicable) CONSULTANT WORK ORDER – CITY DELIVERABLES Clearwater East WRF Screw Pump Replacement Jones Edmunds & Associates, Inc. 22-0028-UT City of Clearwater Consultant Work Order – City Deliverables Page 1 of 1 Revised: 10/27/2021 CONSULTANT WORK ORDER CITY DELIVERABLES 1. FORMAT: The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES: The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address Tom.Mahony@myClearwater.com. All electronic files (including CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1405 Agenda Date: 1/12/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Authorize a purchase order to Odyssey Manufacturing Company of Tampa, FL, for Liquid Sodium Hypochlorite in the annual not-to exceed amount of $1,200,000 for the period of January 17, 2023 through January 16, 2024, with two one-year renewals at the City’s discretion and authorize the appropriate officials to execute same. (consent) SUMMARY: Purchasing issued Invitation to Bid (ITB) #04-23, Liquid Sodium Hypochlorite on November 7, 2022. Two bids were received on December 8, 2022. Odyssey Manufacturing Company of Tampa, FL, represents the lowest responsive, responsible bidder. Liquid Sodium Hypochlorite (bleach) is used as a disinfectant at the City of Clearwater’s potable water treatment plants, water reclamation facilities, and reclaimed water booster stations, to maintain regulatory compliance with the City’s Florida Department of Environmental Protection (FDEP) operating permits. The initial contract period will be from January 17, 2023, through January 16, 2024, with the option for two one-year renewal terms available to the City. Renewal Terms allow for price increases based on the Producer Price Index #061303 Alkalies and Chlorine, including natural sodium carbonate and sulfate. Any price increase during the renewal term is subject to the City’s approval. Renewal prices shall be firm for the respective annual term. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY23 are available in various Public Utilities cost centers, cost code 551700 Bulk Chemicals Funding for future fiscal years (FY24, FY25) will be requested within contract calendar and spending limits. Page 1 City of Clearwater Printed on 1/10/2023 December 22, 2022 NOTICE OF INTENT TO AWARD The Public Utilities Department and the Procurement Division recommend award of ITB No. 04- 23, Liquid Sodium Hypochlorite, to Odyssey Manufacturing Company of Tampa, FL, the lowest most responsible bidder, in accordance with the bid specifications, in the estimated annual amount of $1,200,000.00, for the term of January 17, 2023, through January 16, 2024, with two (2), one (1) year renewal options. This Award recommendation will be considered by the City Council at the Work Session held on January 9, 2023, (1:00 p.m.) and voted on at the City Council Meeting held on January 12, 2023, (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to Scott Burrows, Procurement Analyst, at (727) 562-4634, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Scott Burrows Scott Burrows, MPA Procurement Analyst CITY OF CLEARWATERITB # 04-23, Liquid Sodium HypochloriteDUE DATE: December 8, 2022; 10:00 AMBID TABULATIONItem No. Description Est. Quantity(Gallons)Unit Price(UOM) Total Price Unit Price(UOM) Total Price 1 Liquid Sodium Hypochlorite 12% Trade Percent 957,000 $1.67 $ 1,598,190.00 $1.28 $ 1,224,960.00 Total Bid Items 1 – 20: $ 1,598,190.00 Total Bid Items 1 – 20: $ 1,224,960.00 Allied Universal Corporation of Miami, FL Odyssey Manufacturing Company of Tampa, FLPage 1 of 1 1) Allied Universal Corporation 2) Odyssey Manufacturing Company 3901 NW 115 Avenue 1484 Massaro Blvd. Miami, FL 33178 Tampa, FL 33619 305-888-2623 813-635-0339 ADVERTISED: TAMPA BAY TIMES 11/9/2022 POSTED:myclearwater.com 11/7/2022 FOR THE CITY OF CLEARWATER Due/Opening: December 8, 2022; 10:00 a.m. INVITATION TO BID No. 04-23 Liquid Sodium Hypochlorite Solicitation Response Listing v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #04-23 LIQUID SODIUM HYPOCHLORITE November 7, 2022 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, December 8, 2022, to provide Liquid Sodium Hypochlorite. Brief Description: The City of Clearwater is soliciting sealed bids to establish a term contract for Liquid Sodium Hypochlorite (12.0 Trade Percent Available Chlorine) to the City of Clearwater’s Water Treatment and Wastewater Treatment plants. Bids 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. Bid 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 following Procurement Analyst: Scott Burrows Procurement Analyst scott.burrows@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS LIQUID SODIUM HYPOCHLORITE 2 ITB #04-23 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 bid. 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 bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No Date and Time: n/a Location: n/a If so designated above, attendance is mandatory as a condition of submitting a bid. 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: 12/08/2022 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids 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, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes $ 0.00 No If so designated above, a bid security in the amount specified must be submitted with the bid. 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 bid security shall be forfeited to the City of Clearwater should the bidder 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 INSTRUCTIONS LIQUID SODIUM HYPOCHLORITE 3 ITB #04-23 the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package. 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 bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder 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. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. 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 bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment. i.10 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder 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 bid. Bidders are cautioned to verify their bids before submission, INSTRUCTIONS LIQUID SODIUM HYPOCHLORITE 4 ITB #04-23 as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.12 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid 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 bid be submitted. The bid 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 bid. 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. Alternates will be considered upon demonstrating 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 bidder. The City reserves the right to reject bids that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid 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 bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting this bid 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 bidder shall include a letter with its bid 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 the suspension or debarment. i.16 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids 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 bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter 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 bidder 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 bidder 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 BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to INSTRUCTIONS LIQUID SODIUM HYPOCHLORITE 5 ITB #04-23 copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the policy 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 the purpose of this Article, 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 bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.21 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION LIQUID SODIUM HYPOCHLORITE 6 ITB #04-23 i.22 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.23 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.24 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder 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 bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder 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 bidder’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) Price. We will then evaluate the bids that have met the requirements above. i.25 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.26 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder 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 bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.27 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.28 BID TIMELINE. Dates are tentative and subject to change. Release ITB: 11/07/2022 Advertise Tampa Bay Times: 11/09/2022 Bids due: 12/08/2022 Review bids: 12/08/2022 – 12/15/2022 Award recommendation: 12/16/2022 Council authorization: 01/12/2023 Contract begins: 01/17/2023 STANDARD TERMS AND CONDITIONS LIQUID SODIUM HYPOCHLORITE 7 ITB #04-23 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 STANDARD TERMS AND CONDITIONS LIQUID SODIUM HYPOCHLORITE 8 ITB #04-23 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. 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. 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. 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. STANDARD TERMS AND CONDITIONS LIQUID SODIUM HYPOCHLORITE 9 ITB #04-23 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 Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB 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 ITB and provides notice of its intent to reissue the ITB, 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 ITB or until the City withdraws the reissued ITB. 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 ITB and provides notice of its intent to reissue the ITB, 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 ITB or until the City withdraws the reissued ITB. 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. 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 STANDARD TERMS AND CONDITIONS LIQUID SODIUM HYPOCHLORITE 10 ITB #04-23 contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current 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 STANDARD TERMS AND CONDITIONS LIQUID SODIUM HYPOCHLORITE 11 ITB #04-23 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 the City’s Purchasing Policy 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. 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. STANDARD TERMS AND CONDITIONS LIQUID SODIUM HYPOCHLORITE 12 ITB #04-23 S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or 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 STANDARD TERMS AND CONDITIONS LIQUID SODIUM HYPOCHLORITE 13 ITB #04-23 cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without 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 Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). STANDARD TERMS AND CONDITIONS LIQUID SODIUM HYPOCHLORITE 14 ITB #04-23 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 in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may 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 LIQUID SODIUM HYPOCHLORITE 15 ITB #04-23 1. INTRODUCTION. The City of Clearwater (City) is a coastal community on the West Coast of Florida and the third largest city in the Tampa Bay region with an estimated 119,208 residents. Clearwater Beach is an international tourist destination that brings millions of tourists to Pinellas County annually and was selected as the “Number One Beach in America” in the 2018 and 2019 TripAdvisor Travelers’ Choice Awards and regularly ranks as a top vacation destination in both domestic and international publications. An ideal year-round destination for travelers of all ages and interests, Clearwater boasts miles of pristine “sugar sand” beaches, provides a wide variety of casual and fine dining options, and is home to Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball. Clearwater Marine Aquarium remains a consistent draw for visitors and is nationally recognized for its groundbreaking work in marine rescue, rehabilitation, and release. The City of Clearwater is committed to ensuring that we have a sustainable city through green measures focusing on our economy, environment, and community. 2. SCOPE OF WORK. The City of Clearwater (City) is soliciting sealed bids to establish a term contract for Liquid Sodium Hypochlorite (12.0 Trade Percent Available Chlorine), in accordance with the American Water Works Association’s (AWWA’s) Standard B300-10, latest revision for hypochlorite, except as modified or supplemented herein, to the City’s Water Treatment and Wastewater Treatment plants. 3. PRODUCT SPECIFICATIONS. A. Sodium hypochlorite supplied under this contract shall be tested and certified as meeting the specifications of the American Water Works Association (AWWA) Standard B300-10 and those of the American National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60), Drinking Water Treatment Chemicals Health Effects. A copy of this NSF Certification will need to be provided with bid submittal. B. Liquid sodium hypochlorite supplied under this contract shall have a minimum of 120 Grams per Liter (GPL) available chlorine equivalent (a.k.a., 12.0 Trade Percent Available Chlorine) and shall be consistent as determined by chemical analysis. C. The liquid sodium hypochlorite shall be a transparent, straw-colored liquid, with no visible cloudiness, impurities, or sediment. It shall contain no soluble materials or organic substances in quantities capable of producing deleterious or injurious effects on the health of those consuming water treated with the liquid sodium hypochlorite. D. Liquid sodium hypochlorite supplied under this contract shall have excess caustic for stability. Delivered product shall have a minimum of 0.20 percent (%) and a maximum of 0.40 percent (%) by weight sodium hydroxide. E. Liquid sodium hypochlorite supplied under this contract shall meet the following containment limits: Iron <0.3 mg/L Copper <0.03 mg/L Nickel <0.03 mg/L Chlorate <2,500 mg/L Perchlorate <20 mg/L Bromate <20 mg/L F. The suspended solids in the sodium hypochlorite supplied under this contract shall be minimized and shall achieve a filtration time of less than three (3) minutes for 1000 ml when applying the “Suspended Solids Quality Test for Bleach Using the Vacuum Filtration” method. 4. VENDOR RESPONSIBLITIES A. All delivery personnel shall have company cell phones to facilitate deliveries. DETAILED SPECIFICATIONS LIQUID SODIUM HYPOCHLORITE 16 ITB #04-23 B. It is the responsibility of the Vendor to inform the City of Clearwater that its NSF certification has been revoked or lapsed within twenty-four (24) hours of the time the Vendor receives verbal or written notification. Loss of certification shall constitute sufficient grounds for immediate termination. C. A bill of lading must be provided at each delivery point at the time of delivery. The ticket must include no less than: the gross weight of product in the truck at time of filling, the quantity of pounds on product, and the gross gallons delivered to each location, and any calculations used to determine these in clearly written English, standard form. D. Packaging and shipment of liquid sodium hypochlorite shall conform to all current regulations of the State of Florida, the United States Department of Transportation, and all other applicable regulatory agencies. E. The Vendor shall be responsible for pumping liquid sodium hypochlorite into the storage tanks at the delivery sites and shall provide all necessary hoses, fittings, air-padding, pumps, etc. required to safely and efficiently “offload” the liquid sodium hypochlorite into designated storage tanks. The Vendor shall be responsible for ascertaining the correct storage tanks and fill point locations to prevent accidental discharge of the product into the wrong storage tank(s). F. The Vendor shall be responsible for any spills resulting from the failure of the delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties. I. Proper performance shall require delivery personnel’s constant observation and inspection of unloading operations and knowledgeable response to problems or emergencies, which would most commonly be expected to occur. The City reserves the right to refuse any and all deliveries made with equipment that is poorly maintained and/or leaking sodium hypochlorite. G. The Vendor shall observe the entire filling operation at each delivery site and shall immediately report any spill caused during the filling operations to plant staff. The Vendor shall take immediate and appropriate actions to clean up any spill. If the spill is not cleaned up within twenty-four (24) hours, the City of Clearwater will hire a certified hazardous material handling company to clean up the spill. The cost of such service will be charged to the vendor and deducted from the amount due to the Vendor. If Public Utilities unloading equipment such as pipes, valves or level indication and alarms should fail and the spillage is not the fault of the Vendor or its subcontractor, the Vendor shall be relieved of the cleanup of the spill. The vendor shall submit an emergency spill response plan for review and approval by authorized city officials within thirty (30) days of award and acceptance of the contract. H. The Vendor shall provide all equipment that may be necessary to provide all services specified herein. All equipment shall be in good condition and be properly maintained to minimize down time and should be appropriate for the application. All equipment shall be maintained so that it can be safely operated and does not present a threat to people, private or public property. The tanks or trailers shall be clean and free of residue that may contaminate the Vendor’s product or impede the unloading process. It is the Vendor’s responsibility to verify the cleanliness of the transporting equipment before loading. All appurtenant valves, pumps, and discharge hoses used for the delivery of sodium hypochlorite shall be clean and free from contaminating material. The City may reject a load if the equipment is not in proper condition. DETAILED SPECIFICATIONS LIQUID SODIUM HYPOCHLORITE 17 ITB #04-23 I. Upon award, the Vendor shall provide a written plan to provide uninterruptable service to the City in the event of emergencies such as (but not limited to) hurricanes, railroad and other labor strikes, etc. This plan will include a backup system, to be approved by the city, that will ensure the uninterruptable service to the City. J. Upon award, the Vendor shall provide a company hierarchy – local, regional, and State of Florida’s supervisor’s names and contact information for at least two (2) points of contact for this contract (contact person name, address, phone number, and email address) and provide organizational chart. 5. SAMPLING AND TESTING: A. All Sampling and Testing shall be in accordance with Environmental Protection Agency (EPA) and American Water Works Association (AWWA) B300-10 standards. All sampling must be performed by the City’s authorized Laboratory Services Vendor(s) which will be provided to vendor upon award. No other laboratory shall be used unless expressly authorized as an Addendum to the bid issued by the City of Clearwater amending the specifications or an amendment to the contract between the City of Clearwater and the Vendor. I. Sampling and Testing Prior to Unloading: The Vendor’s delivery trailer shall have a sample port to provide a sample for analysis. At the sole discretion of the City, the Vendor’s delivery personnel (driver) may be asked to provide a sample of liquid sodium hypochlorite before the product is unloaded. II. The City will supply the sample container and the driver shall collect the sample from the tank truck and turn it over to authorized Public Utilities staff. The sample shall be considered representative of the load. III. The City reserves the right to subject samples of the liquid sodium hypochlorite to analyses to ensure that it meets basic conditions of the bid specification with respect to specific gravity, weight percent of sodium hypochlorite, sodium hydroxide, and suspended solids. If the sample fails, the City will notify the Vendor within five (5) business days at which time the Vendor must remove the bad product and replace it within four (4) hours of notification. IV. Any product tested by the City that fails to comply with the requirements specified herein shall constitute grounds for rejection of that load. In the event the load is rejected, the Vendor shall have four (4) hours to supply another shipment. In the event the Vendor is unable or unwilling to supply another shipment within this time period, the City has the right to procure a shipment from another source. Three (3) rejections of a load or shipment during any period of this contract shall constitute automatic termination of the Vendor’s supply contract with the City. B. Sampling and Test of Shipment After Unloading: The City reserves the right to analyze samples of the liquid sodium hypochlorite for complete analysis to ensure that it meets EPA specifications, AWWA B300-10 specifications, and the specifications set forth in this document under 3. PRODUCT SPECIFICATIONS, found on page 15. Three (3) failures during any period of this contract shall constitute automatic termination of the Vendor’s agreement to provide liquid sodium hypochlorite to the City. C. Certified Analysis: Vendor shall supply an affidavit with each delivery signed by the analyst certifying that the liquid sodium hypochlorite furnished by the Vendor complies with all applicable requirements of this document’s specification and AWWA Standard B300- DETAILED SPECIFICATIONS LIQUID SODIUM HYPOCHLORITE 18 ITB #04-23 10, in its most recent version. The affidavit shall also indicate compliance with Water Chemicals Codex directives, in its most recent version, for impurity limits. 6. REPORTING A. Manufacturer’s Laboratory Delivery Reports: A certified report from the manufacturer shall be submitted with each liquid sodium hypochlorite delivery to the City. The report shall contain the following data: I. Date and Time of Manufacture II. Percent by Weight Sodium Hypochlorite III. Percent by Weight Excess Sodium Hydroxide IV. Specific Gravity (Referenced to a temperature) V. Suspended Solids Test Time No deliveries will be accepted by the City unless accompanied by the Vendor’s certified laboratory report for the specific batch of liquid sodium hypochlorite delivered showing the above data and that it conforms to the specifications set forth in this document. Regardless of whether at different delivery sites, failure to comply with this provision three (3) times during the contract period shall constitute sufficient grounds for termination of the contract between the City and the Vendor. Charges for the manufacturer’s certified report and all reports by outside testing agencies should be included in the bid price. B. On Demand Reports: At the City’s request, the Vendor shall utilize the City’s authorized laboratory services Vendor(s) to analyze a sample of the liquid sodium hypochlorite delivered to the City. The Vendor shall supply the sample container and the driver shall collect the sample from the delivery truck. The sample will be given to authorized Public Utilities staff at the time of the sample and Public Utilities staff shall forward the sample to the approved authorized testing agency. Any failure to comply with this sampling method shall constitute grounds for termination of the contract between the City and the Vendor. 7. OCCUPATIONAL HEALTH AND SAFETY A. Vendor Safety Requirements: The Vendor must ensure delivery personnel’s compliance with all Occupational Safety and Health Administration (OSHA) requirements for personal protective equipment (PPE), including at minimum chemical goggles and rubber gloves. Depending on the job, other PPE may be required such as transparent face shield hard hat, rubber boots, and rubber or plastic-coated fabric apron or slicker suit. Delivery personnel must remain within a safe proximity while the unloading is in progress and continuously monitor for leaking hoses, connections, or other problems. It is the responsibility of the Vendor’s delivery personnel to contain leaks and to report any and all spills immediately to Public Utilities staff. B. Safety Data Sheets: In compliance with Chapter 442 Florida Statutes, any chemical delivered from a Vendor must be accompanied by a Safety Data Sheet (SDS). Safety Data Sheets provided must be compliant with current OSHA Hazard Communication Safety Data Sheet guidelines. A copy of the Vendor’s current SDS shall be provided with bid submittal. C. Emergency Order Procedure: Within thirty (30) days of award and acceptance of the contract, the Vendor shall provide in writing, an emergency order procedure, with appropriate telephone contacts, for the City to follow in case an emergency supply of liquid sodium hypochlorite is needed. DETAILED SPECIFICATIONS LIQUID SODIUM HYPOCHLORITE 19 ITB #04-23 D. Emergency Spill Plan: The Vendor shall supply in writing, an emergency spill response plan with appropriate emergency response personnel names and telephone contact numbers (24- hour access phone numbers) within thirty (30) days of award and acceptance of the contract to supply liquid sodium hypochlorite. Emergency response personnel to provide emergency support services on a twenty-four (24) hour a day/seven (7) days a week basis in the event of a spill, equipment failure, or other emergency. In addition, the proper spill response notification procedure, along with any forms required by all local, state or federal regulatory agencies, shall be supplied by the Vendor. This section in no way relieves the Vendor of their responsibility to notify the proper regulatory agencies in the event of a spill incident. In the event of a spill or leak, the Vendor shall supply the necessary personnel to immediately respond to such an event, to work with the local Hazardous Materials Response Team and to manage and oversee “After Event” cleanup efforts. Should a spill or leak occur, caused by the Vendor’s personnel, equipment or method of delivery, Vendor shall immediately comply with all applicable terms and conditions of the current version of Title III, Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C.S.11001, et seq. (SARA) and the Florida Hazardous Materials Emergency Response and Community Right to Know Act of 1988, Chapter 252, Part II, Florida Statutes. The responsibility for compliance with Federal and State rules and regulations regarding Vendor caused spills or releases shall be the sole responsibility of Vendor. The Vendor shall indemnify and hold the City harmless for any failure to properly report and/or comply with this provision. In addition, Vendor shall bear all expenses of spills, unless caused by the sole negligence of the City E. Safe Handling Training: The Vendor shall provide an appropriate safe handling training course within the first month of the contract, to all current Public Utilities operations personnel and shall be available to conduct “refresher” courses or new employee training annually during the contract period. The Vendor shall provide this assistance at no charge to the City. F. Technical Assistance: The Vendor shall provide engineering and technical assistance, as needed, regarding the application of its product and disposal and handling of residues and sludges produced by the application of liquid sodium hypochlorite in the water and wastewater treatment process. The Vendor shall provide this assistance at no charge to the City of Clearwater. 8. PAYMENTS AND PENALTIES. A. Receipts: The Vendor shall provide one (1) original and one (1) copy of the receipt for every delivery of liquid sodium hypochlorite. The receipts shall include company name, date, time of arrival, time of departure, trailer tag number, driver’s signature, Vendor’s personnel signature, include weight for wet and gallons, and any other information required by any applicable regulatory agency. These receipts shall be left with the Water or Wastewater Environmental Technologies Manager and/or designee on the same day of delivery. B. Invoices: The Vendor shall submit an invoice to the City of Clearwater Public Utilities Department c/o Accounting Division for payment upon their schedule but not more frequently than once every thirty-day period. I. Included with the invoice shall be the chemical application site log/ticket for each location which must include and summarize each load ticket number and summary of wet pounds, dry pounds and gallons sent to each site and other information requested in the form and a certificate of analysis for the site delivery. II. Such form shall be signed and dated by an authorized representative of the company. DETAILED SPECIFICATIONS LIQUID SODIUM HYPOCHLORITE 20 ITB #04-23 III. No invoice for payment shall be accepted without the completed record keeping form. IV. Difference between invoiced and calculated volumes must be reconciled between the Vendor and designated City contact representative for the receiving facility before payment on the disputed volume is authorized. V. Vendor shall also provide any and all reports and/or data required by any applicable Federal, State, and/or Local regulatory agency rule and/or regulation on an as-needed basis to assist with payment processing. 9. TERMINATION. Vendor’s failure to comply with any part of this Specification three (3) times over the duration of this contract, shall constitute sufficient grounds for immediate termination of the contract by the City of Clearwater. If the resultant contract is terminated, the City of Clearwater shall be liable only for payment for supplies rendered before the effective date of the termination. Performance failures which can result in termination of the contract include, but are not limited to: A. Failure to deliver in a timely manner, B. Failure to deliver proper equipment, C. Failure to provide Bill of Lading that shows the metered delivered quantity, D. Failure of the liquid sodium hypochlorite to meet the Specification at anytime, E. Failure to provide a certificate of analysis, F. Failure to comply with the safety and OSHA requirements of the Specification, G. Failure to provide drivers with company cell phones, H. Failure to provide licenses of drivers if requested, I. Failure to provide requested technical assistance and/or training, and, J. Failure to respond in a timely manner to any City of Clearwater liquid sodium hypochlorite emergency. 10. VENDOR QUALIFICATIONS/SUBMITTALS. A. Each Vendor shall provide a product analysis performed by the City’s current Lab Services Vendor, Pace Analytical, with their bid submittal. This analysis must be performed on a 1500 milliliter (ml) “chilled” sample of Vendor’s product which is representative of their manufacturing process from the Vendor’s manufacturing facility which would serve the City. I. Contact Information for Pace Analytical: Chelsea Gagne, Project Manager 1 110 S. Bayview Blvd. Oldsmar, FL 34677 (813) 855-1844 | (813) 749-5082 | pacelabs.com chelsea.gagne@pacelabs.com II. The laboratory shall ascertain whether the Vendor’s product is in compliance with this bid’s specification for percent (%) available chlorine, percent (%) sodium hypochlorite, excess caustic, iron, copper, nickel, chlorate, perchlorate, bromated and suspended solids. III. The cost of the analysis shall be at no additional cost to the City. IV. The results of the analysis shall be provided with their bid submittal. Failure to submit the analysis shall result in the Vendor being deemed non-responsive. B. References: Each Vendor shall provide with their bid submittal a list of at least five (5) references to include phone numbers that use or have used its Sodium Hypochlorite at water and/or wastewater treatment facilities in the past three (3) years. References shall list the names and contact information of actual users at the water and wastewater utilities (not purchasing agents). C. Safety and Reliability: I. Vendor(s) shall provide with their bid submittal the names of customers where DETAILED SPECIFICATIONS LIQUID SODIUM HYPOCHLORITE 21 ITB #04-23 Vendor’s contract was terminated early (e.g. debarred) for safety, quality, or service issues for any product the Vendor supplied over the past five (5) years. V II. Vendor(s) shall also provide with their bid submittal a detailed listing of all accidents, incidents, releases, spills, vehicle accidents involving death or injury and National Response Center Notifications (“safety incidents”) for all chemicals it delivered or manufactured for the past five (5) years. III. As part of assessing the Vendor’s safety and reliability record, Vendor(s) shall include with their bid submittal all regulatory actions including but not limited to; copies of any fines, correspondence, and consent orders relating to the operation of ALL of its manufacturing and distribution facilities for the past ten (10) years. IV. Additionally, the Vendor shall submit with their bid submittal a copy of its OSHA Form 300A/300 logs for the past three (3) years (if the Bidder utilizes a third-party driving company or affiliated company, then they shall submit the OSHA 300 logs for that company as well). a. The City of Clearwater may require a site visit to the Vendor’s manufacturing and/or distribution facilities to assess safety and reliability as part of the bid evaluation. D. Other Documentation: Upon award, the Vendor shall provide with their bid submittal the following documentation: I. NSF sample results for past three (3) consecutive years II. List of Subcontractors or Affiliates III. List of approved drivers with their training record kept current and a copy of their driver’s licenses. The approved drivers list shall be maintained current and an updated list of approved drivers, training records and driver’s license shall be provided to Public Utilities Accounting whenever a new driver is proposed. IV. Location of the Bidder’s Manufacturing Facilities V. Contact Information to Obtain Product Sample – Vendor shall provide contact name, address, phone number, and email address for company representative(s) that can provide additional samples should the City require, as referenced in item 3(B) Additional Samples stated above. VI. Vendor’s Safety Manual (electronic copy preferred) 11. DELIVERY REQUIREMENTS. A. Vendor shall make “normal” deliveries within three (3) calendar days after receipt of order and make “emergency” deliveries within twenty-four (24) hours. An “emergency delivery” is defined as a delivery required within twenty-four (24) hours to prevent the Public Utilities Department from running out of sodium hypochlorite. The City of Clearwater shall attempt to minimize the number of “emergency” deliveries. B. All deliveries of liquid sodium hypochlorite shall be freight prepaid, F.O.B. to each Public Utilities’ facility. C. “Normal” Deliveries: Delivery time and day shall be arranged upon placement of order but shall be during daylight hours generally between 7:00 A.M. and 5:00 P.M. Deliveries made to unmanned facilities shall be coordinated with the appropriate site contact, which are listed on the table located on Section 12: DELIVERY LOCATIONS, pages 22-23 of this bid document, so the driver can gain access to the facility. D. “Emergency” Deliveries: Delivery shall be made at a date and time agreed to by both parties within the twenty-four (24) hour timeframe. E. Delivery shipments which fail to meet any of the requirements of the specifications shall be rejected. Upon notification to the Vendor that a shipment is rejected, the Vendor shall be required to ship a replacement delivery to the affected location within four (4) hours from the DETAILED SPECIFICATIONS LIQUID SODIUM HYPOCHLORITE 22 ITB #04-23 time of notification. Failure to provide replacement product that meets the specification within the specified time period will constitute failure to comply with the delivery requirements set for in the agreement. F. The delivery time of the shipment shall not exceed seventy-two (72) hours from the time of manufacturer of the liquid sodium hypochlorite. G. All delivery vehicle drivers shall have a proper commercial driver’s license issued through the State of Florida with the proper endorsements for the material(s) being carried. Vendor’s drivers shall display their driver’s license whenever requested by the City of Clearwater during the delivery. Failure to show proper license shall result in rejection of delivery and subsequent possible termination of the Vendor’s supply agreement. H. The City of Clearwater, at its discretion, reserves the right to change quantities and delivery dates of any previously scheduled delivery with a 24-hour advance notice. 12. DELIVERY LOCATIONS. A. Delivery sites and locations are subject to deletions or additions as necessary to meet the water production and wastewater treatment demands of the City of Clearwater. B. Split deliveries to multiple locations will be coordinated and accepted by the City of Clearwater to encourage economical delivery of product via bulk tankers dependent on storage capacities at time of delivery. C. All deliveries shall be made by appointment, with a wastewater or water treatment plant operator present at the time of delivery. Several of the sites are unmanned sites and require delivery notification. D. The estimated annual quantity listed below for each location is an estimate only and the City of Clearwater shall not be obligated to purchase these amounts in its agreement with the Vendor. DETAILED SPECIFICATIONS LIQUID SODIUM HYPOCHLORITE 23 ITB #04-23 LOCATION SITE CONTACT STORAGE CAPACITY ESTIMATED ANNUAL QUANTITY CONNECTION East WRF 3141 Gulf to Bay Blvd Clearwater, FL 33756 Chief Plant Operator Jack Sadowski: 727-224-7682 Duty Phone: 727-224-7729 7,650 GALLONS 130,000 GALLONS 2” Male Cam-lok fitting. Minimum 20’ hose requirement Marshall Street WRF 1605 Harbor Dr Clearwater, FL 33755 Chief Plant Operator Ryan Alexander: 727-224-7042 Duty Phone: 727-224-7726 13,100 GALLONS 220,000 GALLONS 2” Male Cam-lok fitting. Minimum 20’ hose requirement Northeast WRF 3290 S.R. 580 Clearwater, FL 34695 Chief Plant Operator Cathy Borden 727-224-7691 Duty Phone: 727-224-7745 17,500 GALLONS 260,000 GALLONS 2” Male Cam-lok fitting. Minimum 20’ hose requirement WTP No. 1 1657 Palmetto St Clearwater, FL 33755 RO1 Control Room 727-224-2466 or RO1 Chief 727-434-4135 6,300 GALLONS 152,000 GALLONS 2” Male Cam-lok fitting. Minimum 20’ hose requirement WTP No. 2 21133 U.S. 19 N Clearwater, FL 33765 RO2 Control Room 727- 200-3229 or 727-224- 7736 8,100 GALLONS 130,000 GALLONS 2” Male Cam-lok fitting. Minimum 20’ hose requirement WTP No. 3 2775 S.R. 580 Clearwater, FL 33761 RO1 Control Room 727-224-2466 or RO1 Chief 727-434-4135 6,300 GALLONS 50,000 GALLONS 2” Male Cam-lok fitting. Minimum 20’ hose requirement Union Street Reclaimed Water Booster Pump Station 2060 McMullen Booth Rd Clearwater, FL 34695 Primary Contact: Chief Plant Operator Cathy Borden 727-224-7691 Secondary Contact: PU Assistant Manager Travis Teuber 727-224-7680 1,150 GALLONS 5,000 GALLONS 2” Male Cam-lok fitting. Minimum 20’ hose requirement Del Oro Reclaimed Water Booster Pump Station 401 McMullen Booth Rd Clearwater, FL 33759 Primary Contact: Chief Plant Operator Jack Sadowski 727-224-7682 Secondary Contact: PU Assistant Manager Travis Teuber 727-224-7680 2,250 GALLONS 5,000 GALLONS 2” Male Cam-lok fitting. Minimum 20’ hose requirement Skycrest Reclaimed Water Booster Pump Station 901 Saturn Ave Clearwater, FL 33755 Primary Contact: Chief Plant Operator Ryan Alexander 727-224-7042 Secondary Contact: PU Assistant Manager Travis Teuber 727-224-7680 2,000 GALLONS 5,000 GALLONS 2” Male Cam-lok fitting. Minimum 20’ hose requirement DETAILED SPECIFICATIONS LIQUID SODIUM HYPOCHLORITE 24 ITB #04-23 13. 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. 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 $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. 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 Auto Liability policies. In addition, when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #04-23 P.O. Box 4748 Clearwater, FL 33758-4748 DETAILED SPECIFICATIONS LIQUID SODIUM HYPOCHLORITE 25 ITB #04-23 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES LIQUID SODIUM HYPOCHLORITE 26 ITB #04-23 1. BEGINNING AND END DATE OF INITIAL TERM. January 2023 – January 2024 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year (change as appropriate) renewals possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the Producer Price Index for PPI 061303, Alkalies and Chlorine, including natural sodium carbonate and sulfate, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION LIQUID SODIUM HYPOCHLORITE 27 ITB #04-23 1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format Bid container properly labeled Bid pricing form W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) Exceptions/Additional Materials/Addenda form Vendor Information form Offer Certification form Scrutinized Companies form(s) E-Verify Eligibility form A copy of NSF/ANSI Standard 60 certification Current Safety Data Sheet (SDS) References Form All items referenced in the Detailed Specifications (Item 10: VENDOR QUALIFICATIONS / SUBMITTALS., pages 20-21) BID PRICING LIQUID SODIUM HYPOCHLORITE 28 ITB #04-23 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Liquid Sodium Hypochlorite to the City of Clearwater at the price(s) stated below. Item No. Description Unit of Measure Estimated Annual Quantity Unit Cost Total Cost 1 Liquid Sodium Hypochlorite 12% Trade Percent Gallon 957,000 $ $ GRAND TOTAL: $ Note: The City of Clearwater makes no expressed or implied guarantees to purchase specific quantities. The estimated quantities indicated are given only as a guideline for preparing your bid and should not be construed as representing the actual amount to be purchased under this contract DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 PAYMENTS AND PENALTIES The vendor shall provide one (1) original and one (1) copy of the receipt for every delivery of liquid sodium hypochlorite. The receipt shall include weight for wet and gallons. These receipts shall be left with the Water or Wastewater Environmental Technologies Manager and/or designee on the same day of delivery. The receipts shall include company name, date, and time of arrival, time of departure, trailer tag number, driver’s signature and Vendor’s personnel signature and any other information required by any applicable regulatory agency. The Vendor shall submit an invoice to the City of Clearwater Public Utilities Accounting Division for payment upon their schedule but not more frequently than once every thirty-day period. Included with the invoice shall be the chemical application site log/ticket for each location which must include and summarize each load ticket number and summary of wet pounds, dry pounds and gallons sent to each site and other information requested in the form and a certificate of analysis for the site delivery. Such form shall be signed and dated by an authorized representative of the company. No invoice for payment shall be accepted without the completed record keeping form. Difference between invoiced and calculated volumes must be reconciled between the Vendor and the Wastewater Environmental Technologies Manager and Public Utilities Assistant Manager before payment on the disputed volume is authorized. Vendor shall also provide any and all reports and/or data required by any applicable Federal, State, and/or Local regulatory agency rule and/or regulation on an as-needed basis to assist with payment processing. Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA LIQUID SODIUM HYPOCHLORITE 29 ITB #04-23 Bidders 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): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid 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 bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ VENDOR INFORMATION LIQUID SODIUM HYPOCHLORITE 30 ITB #04-23 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 bid: 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. SCRUTINIZED COMPANIES FORM LIQUID SODIUM HYPOCHLORITE 31 ITB #04-23 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 SCRUTINIZED COMPANIES FORM LIQUID SODIUM HYPOCHLORITE 32 ITB #04-23 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 E-VERIFY ELIGIBILITY FORM LIQUID SODIUM HYPOCHLORITE 33 ITB #04-23 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 OFFER CERTIFICATION By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting 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; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. 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: REFERENCES LIQUID SODIUM HYPOCHLORITE 35 ITB #04-23 Instructions: Vendor shall provide at least five (5) references to include phone numbers that use or have used its Sodium Hypochlorite at water and/or wastewater treatment facilities in the past three (3) years. References shall list actual users at the water and wastewater utilities (not purchasing agents). Complete and return with bid submittal. Reference # 1 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 2 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 3 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor Name Date: REFERENCES LIQUID SODIUM HYPOCHLORITE 36 ITB #04-23 Reference # 4 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 5 Project Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor Name Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER LIQUID SODIUM HYPOCHLORITE 37 ITB #04-23 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #04-23, LIQUID SODIUM HYPOCHLORITE Due Date: 12/08/22, at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #04-23, LIQUID SODIUM HYPOCHLORITE Due Date: 12/08/22, at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1453 Agenda Date: 1/12/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Set interim salary increase for Interim City Manager Jennifer Poirrier at 20%. (consent) SUMMARY: At the January 5, 2023 special city council meeting, City Council appointed Jennifer Poirrier Interim City Manager. There was council consensus to set the interim salary increase at 20%, which was provided to former Interim City Manager Micah Maxwell on August 5, 2021. Page 1 City of Clearwater Printed on 1/10/2023 CITY COUNCIL August 5, 2021 CITYOFCLARWAThR PO'T OFFKF Box 4748, CLEARWA ER, RCAla\ 33'58-4748 i(io Cr.F.1Fr, STRF:r:r 5i rrF 600, Cr ARA vTF_R, FIORID 33755 TLLLr'IIc>mo (727) S62 -4(I50 h_tx (727' 562-4052 ADDENDUM TO EMPLOYMENT AGREEMENT LETTER DATED MARCH 28, 2017 Micah Maxwell 3400 Overlook Dr. NE St. Petersburg, FL 33703 Dear Mr. Maxwell: On August 5, 2021, Clearwater City Council unanimously agreed to appoint you Interim City Manager commencing upon the retirement of Mr. Horne on September 3, 2021. The appointment will continue until such time as the new City Manager commences employment, which is anticipated to be mid-October. At that time, or if at any time prior, Council determines that your services as Interim City Manager are no longer needed, you shall resume your position as Assistant City Manager. This letter shall serve as an addendum to your current Employment Agreement Letter. The provisions of this addendum shall only be in affect during the period of time which you are Interim CityManager. All terms and conditions of your Employment Agreement Letter dated March 28, 2017, shall remain in effect except as provided herein: 2. Duties and Responsibilities: a. Employee agrees to perform the duties of the position Interim City Manager as have been discussed by the Employee and the City Council, and it is understood that such duties and responsibilities may change from time to time. b. Employee agrees to remain in the exclusive employ of the City and shall not engage in other employment or professional or business activity. c. Employee agrees to continually provide his/her best efforts to efficiently and effectively perform his/her duties in a professional manner, uphold City regulations and policies, support the Council -Manager form of government as expressed through City Charter of the City of Clearwater, and abide by ethical standards of conduct, including the City's Code of Ethics. Nark Bunker, Councilineniber Kathleen Beckman, Couucilurember Frank i Iihhard, Mayor David Allbritton, C,,uncilmember Hoyt Hamilton, Councrlmember Equal Employment and Affirmative Action Employer" 3. Salary: a. Employee's pay as Interim City Manager shall be $8,330.74biweekly. If this Addendum to your Employment Agreement Letter confirming your employment relationship with the City is satisfactory to you, please sign below as Employee and return a signed and dated copy of this Addendum. Approved as to form: Lot. 14 - Pamela K. Akin City Attorney CITY OF CLEARWATER, FLORIDA By: 11 F ibbard, Mayor Attest: CA-L1/1/t Caj.z., Rosemarie CaII City Clerk EMPLOYEE ACKNOWLEDGEMENT AND ACCEPTANCE: icah Maxwell Date signed CITY MANAGER CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 600 CLEVELAND STREET, SUITE 600, CLEARWATER, FL 33755 TELEPHONE (727) 562-4040 Fix (727) 562-4052 ADDENDUM TO EMPLOYMENT AGREEMENT LETTER DATED MARCH 28, 2017 Micah Maxwell 3400 Overlook Dr. NE St. Petersburg, FL 33703 Dear Mr. Maxwell: On August 16, 2021, Clearwater City Council unanimously agreed to appoint you Interim City Manager commencing on August 16, 2021. The appointment will continue until such time as the new City Manager commences employment, which is anticipated to be mid-October. At that time, or if at any time prior, Council determines that your services as Interim City Manager are no longer needed, you shall resume your position as Assistant City Manager. This letter shall serve as an addendum to your current Employment Agreement Letter. The provisions of this addendum shall only be in affect during the period of time which you are Interim City Manager. All terms and conditions of your Employment Agreement Letter dated March 28, 2017, shall remain in effect except as provided herein: 2. Duties and Responsibilities: a. Employee agrees to perform the duties of the position Interim City Manager as have been discussed by the Employee and the City Council, and it is understood that such duties and responsibilities may change from time to time. b. Employee agrees to remain in the exclusive employ of the City and shall not engage in other employment or professional or business activity. c. Employee agrees to continually provide his/her best efforts to efficiently and effectively perform his/her duties in a professional manner, uphold City regulations and policies, support the Council -Manager form of government as expressed through City Charter of the City of Clearwater, and abide by ethical standards of conduct, including the City's Code of Ethics. Mark Bunker, Councilmember Kathleen Beckman, Councilmember GM17-9211-012/274040/1] Frank V. Hibbard, Mayor David Allbritton, Councilmember Hoyt Hamilton, Councilmember Equal Employment and Affirmative Action Employer" 3. Salary: a. Employee's pay as Interim City Manager shall be $8,330.74biweekly. If this Addendum to your Employment Agreement Letter confirming your employment relationship with the City is satisfactory to you, please sign below as Employee and return a signed and dated copy of this Addendum. Approved as to form: Pamela K. Akin City Attorney CITY OF CLEARWATER, FLORIDA Attest: Hibbard, Mayor Rosemarie Call City Clerk EMPLOYEE ACKNOWLEDGEMENT AND ACCEPTANCE: 8110..,5/ Date signedMicahMaxwell GM17-9211-012/274040/1] Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1319 Agenda Date: 1/12/2023 Status: Consent AgendaVersion: 3 File Type: Action ItemIn Control: City Clerk Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Appoint Lindsay Dicus-Harrison to the Neighborhood and Affordable Housing Advisory Board, as the citizen who is actively engaged as a real estate professional in connection with affordable housing, with a term to expire June 30, 2026. (consent) SUMMARY: BOARD: Neighborhood and Affordable Housing Advisory Board (NAHAB) TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: N/A (See Special Qualifications) MEMBERS: 7 CHAIRPERSON: Camille Hebting MEETING DATE: 2nd Tues. most months PLACE: Main Library/Council Chambers STAFF LIAISON: Chuck Lane APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: Board to have 1 member in each: Real Estate Professional in Connection with Affordable Housing; Clearwater Resident; Residential Home Building Industry; Advocate for Low Income Housing; Not-For-Profit Provider of Affordable Housing; Banking/Mortgage Industry; Employer’s Representative. THE FOLLOWING ADVISORY BOARD MEMBER HAD A TERM WHICH EXPIRED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Lindsay Dicus-Harrison - 12400 Chickasaw Trail, Largo FL 33774 - Real Estate Broker Original Appointment: 1/21/22 (was serving an unexpired term through 6/30/22) (Citizen who is actively engaged as a real estate professional in connection with affordable housing.) THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1.Linda Byars - 1726 Marion Street, Clearwater FL 33756 - Finance & Rehabilitation Manager (Citizen who is actively engaged as a real estate professional in connection with affordable housing.) Page 1 City of Clearwater Printed on 1/10/2023 File Number: ID#22-1319 Zip codes of current members: 1 - 33703 1 - 33755 2 - 33756 1 - 34222 Current Special Qualifications: 1 citizen actively engaged in the residential home building industry in connection with affordable housing 1 citizen who resides within the City of Clearwater 1 citizen actively engaged as a real estate professional in connection with affordable housing 1 citizen actively engaged as an advocate for low-income persons in connection with affordable housing 1 citizen actively engaged as a not-for-profit provider of affordable housing 1 citizen who represents employers within the City of Clearwater At the January 9 work session, there was council consensus to appoint Ms. Dicus-Harrison. Staff was directed to place the item on the consent agenda. Page 2 City of Clearwater Printed on 1/10/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1359 Agenda Date: 1/12/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Appoint Robert Kantor to the Sister Cities Advisory Board with a term to expire January 12, 2027. (consent) SUMMARY: BOARD: Sister Cities Advisory Board TERM: 4 years APPOINTED BY: Sister Cities Advisory Board FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: One member of the City Council MEMBERS: 6 + 1 At-large member CHAIRPERSON: Michael Ballard MEETING DATES: Quarterly PLACE: Council Chambers APPOINTMENTS NEEDED: 1 SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc., the local business community, the School Board’s World Language Coordinator or designee, and the Clearwater Arts Alliance shall not be required to reside within the City of Clearwater. THE FOLLOWING ADVISORY BOARD MEMBER TERM HAS EXPIRED: 1.Michael Ballard - 2275 Springrain Dr, Clearwater, 33763- At-large member Completed 1st term; not interested in reappointment Term ended 9/30/2022 THE FOLLOWING APPLICATION HAS BEEN SUBMITTED FOR COUNCIL’S CONSIDERATION: 1.Robert Kantor - Business owner/construction, 717 Eldorado Avenue, Clearwater, 33767 Zip codes of current members: 1 - 33763 1 - 33710 1 - 33714 1 - 33755 1 - 34683 1 - 33761 Page 1 City of Clearwater Printed on 1/10/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1415 Agenda Date: 1/12/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Approve an agreement with Van Scoyoc Associates, Inc. to provide lobbying services at the federal level from January 12, 2023 through December 31, 2027 at a cost of $7,500 per month, plus estimated expenses of $3,000, not to exceed $93,000 per year, and authorize the appropriate officials to execute same. (consent) SUMMARY: Lobbying services assist the City in pursuing funding and favorable legislation at the federal level. Request for Proposal 57-22 was released to select a provider of these services. Responses were received from Batie and Associates, LLC, Dentons US LLP, and Van Scoyoc Associates, Inc.. The evaluation committee, consisting of the City Clerk, City Attorney and Assistant City Manager, reviewed the written proposals on November 5, 2022. Selection criteria were: Demonstrated Experience, Qualifications of Team, Reference Reports and Cost of Services. The committee determined Van Scoyoc Associates to be the most responsive to criteria established in the RFP. Van Scoyoc has been the City’s federal lobbyist since 2013 and the City has been satisfied with their services. Van Scoyoc proposes the same rate as the previous contract. The agreement may be cancelled at any time with a 30-day notice. APPROPRIATION CODE AND AMOUNT: Annual costs for this contract will be included in the City Attorney’s Operating budget under appropriation code 010-09700-530100-513-000. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 1/10/2023 [A04-09700 /299579/1] LEGISLATIVE CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made on the 12th day of January, 2023, by and between the CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida 34618, (the “City”) and the lobbying firm of Van Scoyoc Associates, Inc., 800 Main Avenue SW, Suite 800, Washington, D.C. 20024 (“Consultant”). WITNESSETH: WHERAS, City issued a Request for Proposals to provide Legislative Consultant Services, attached as Exhibit A; and WHERAS, Consultant agrees to provide Legislative Consultant Services to the City as described in Consultant’s Response to Request for Proposal 57-22, attached as Exhibit B; NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto do hereby agree as follows: SECTION 1. AUTHORIZATION TO PROCEED AS CONSULTANT. Consultant is hereby authorized under the terms and conditions of this Agreement to provide Legislative Consultant Services to City as described in Exhibits A and B. SECTION 2. SCOPE OF SERVICES. Consultant shall keep City informed and active in the federal process by working with City staff to advocate the City’s position regarding issues before the Federal Legislature. Consultant agrees to organize a lobbying team led by Harry Glenn, which shall include all the resources of the individual lobbyists of the consultant’s firm to assist and represent the city on issues which shall include, but are not limited to the following: A. Explore and recommend new areas of Federal advocacy. B. Broaden business development efforts already initiated by the city to attract and enhance major corporate presence in the City of Clearwater. C. Provide research and timely written and oral information to the City. D. Monitor existing and proposed laws and regulations that affect the interests and priorities of the City. E. Proactively recommend and develop legislative positions for proposed laws and regulations that affect the interest and priorities of the City. F. Propose and develop opportunities that will access funding at the policy making level. G. Research and identify grant funding or other opportunities for funds. H. Arrange meetings for City elected officials and personnel with Congressional members and staff. Provide logistical support and attend those meetings when necessary. I. Engage in advocacy to promote the City’s position on priority issues, including appropriate interest groups, the National Association of Counties, the U.S. Conference of Mayors, and the National League of Cities. [A04-09700 /299579/1] J. Build long-term relationships and “brand” the City of Clearwater and its officials in the eyes of Congress and Federal Agencies. SECTION 3. LOBBYING TEAM. It is understood and agreed between the City and Consultant that the responsibility for organization and leadership of the lobbying team will fall upon Harry Glenn, but the consultant team will include all of the resources of the Consultant’s individual lobbyists. The City reserves the right in its absolute discretion to cancel this Agreement if Harry Glennis not responsible for the organization and leadership of the lobbying team. SECTION 4. TERM. The initial term of this Agreement shall be from January 12, 2023 through December 31, 2027. SECTION 5. PROFESSIONAL FEES FOR SERVICES. The City and Consultant agree to a monthly fee of $7,500.00, with such payments due at the first of each month. The City further agrees to pay all reasonable costs and expenses associated with pre-approved long-distance travel, not to exceed $3,000.00 per year. Travel and per diem costs as well as automobile travel expenses shall not exceed that which is available to City of Clearwater employees. The City represents and warrants that these payments shall not be made with federally appropriated funds. SECTION 6. INDEMNIFICATION AND INSURANCE. Subject to the limitations of Section 768.28, Florida Statute, Consultant agrees to protect, defend, indemnify and hold the City and its officers, employees, and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or due to any negligent act or omission of Consultant or its employees in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, Consultant shall procure and maintain during the life of this Agreement professional liability insurance in a minimum amount of one million dollars. ($1,000,000.00). This provision shall survive the termination of this Agreement. Nothing herein shall be construed as consent by the City to be sued by third parties, or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. SECTION 7. CONFLICT OF INTEREST. It is understood by the City and Consultant that consultant is not aware of any clients of the firm that currently present any direct conflict between the interests of the city and other clients of the Consultant. If any potential conflict of interest arises during the time Consultant is representing the City, Consultant will promptly inform the City. In that event, Consultant and City shall agree upon a lobbyist to represent the City on any issue in conflict and agree upon the appropriate fee for said services, which shall be deducted from Consultant fee. SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. This Agreement may be amended only by a writing duly entered into by the City and Consultant. [A04-09700 /299579/1] SECTION 9. CANCELLATION OF AGREEMENT. Either party may cancel this Agreement for any reason upon thirty (30) days advance written notice to the other party. In the event of cancellation, Consultant shall immediately cease work hereunder and shall be reimbursed for eligible and documented reimbursable expenses incurred prior to the date of cancellation. SECTION 10. ATTORNEY’S FEES. In the event that either party seeks to enforce this Agreement through attorneys at law, then the parties agree that each party shall bear its own costs and that jurisdiction for such an action shall be in a court of competent jurisdiction in Pinellas County, Florida. IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date written above. VAN SCOYOC ASSOCIATES, INC. By: __________________________ H. Stewart Van Scoyoc, CEO Countersigned: CITY OF CLEARWATER ______________________ By: ___________________________ Frank V. Hibbard Jon Jennings Mayor City Manager Approved as to form: Attest: ____________________ ________________________ Michael Fuino Rosemarie Call Assistant City Attorney City Clerk Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 07.2021 REQUEST FOR PROPOSALS #57-22 Federal Lobbying Services September 26, 2022 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, October 24, 2022, to provide Federal Lobbying Services. Brief Description: The City of Clearwater seeks an experienced lobbyist (person, firm, or entity) to represent the City before Congress and the Executive Branch of the Federal Government. 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 Federal Lobbying Services 2 RFP #57-22 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: October 24, 2022 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting the Procurement Division. i.5 PROPOSAL FIRM TIME: 120 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes $ 0.00 No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if INSTRUCTIONS Federal Lobbying Services 3 RFP #57-22 any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT PROPOSALS TO: It is recommended that proposals are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Proposers may mail or hand-deliver proposals to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment 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. INSTRUCTIONS Federal Lobbying Services 4 RFP #57-22 i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a 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. INSTRUCTIONS Federal Lobbying Services 5 RFP #57-22 i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. 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 Federal Lobbying Services 6 RFP #57-22 i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: Evaluation Criteria (proposal format page 21) Points Demonstrated Experience Providing Lobbying Services with Local Governments and/or Organizations (Tab 2) 25 References (Tab 2) 20 Qualifications – Educations and Training of Lobbyist(s) (Tab 3) 35 Cost for Services (Tab 4) 20 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. i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not INSTRUCTIONS – EVALUATION Federal Lobbying Services 7 RFP #57-22 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: 09/26/2022 Advertise Tampa Bay Times: 09/28/2022 Responses due: 10/24/2022 Review proposals: 10/24/2022 – 11/04/22 Presentations (if requested): Week of 11/14/2022 Award recommendation: 11/18/2022 Council authorization: December 2022 Contract begins: January 2023 STANDARD TERMS AND CONDITIONS Federal Lobbying Services 8 RFP #57-22 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 STANDARD TERMS AND CONDITIONS Federal Lobbying Services 9 RFP #57-22 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. STANDARD TERMS AND CONDITIONS Federal Lobbying Services 10 RFP #57-22 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. STANDARD TERMS AND CONDITIONS Federal Lobbying Services 11 RFP #57-22 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current STANDARD TERMS AND CONDITIONS Federal Lobbying Services 12 RFP #57-22 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. STANDARD TERMS AND CONDITIONS Federal Lobbying Services 13 RFP #57-22 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or STANDARD TERMS AND CONDITIONS Federal Lobbying Services 14 RFP #57-22 services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without STANDARD TERMS AND CONDITIONS Federal Lobbying Services 15 RFP #57-22 limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Division and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Procurement Division for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may STANDARD TERMS AND CONDITIONS Federal Lobbying Services 16 RFP #57-22 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 Federal Lobbying Services 17 RFP #57-22 1. INTRODUCTION. The City of Clearwater (City) is a coastal community on the West Coast of Florida and the third largest city in the Tampa Bay region with an estimated 117,800 residents. Clearwater Beach is an international tourist destination that brings millions of tourists to Pinellas County annually and was selected as the “Number One Beach in America” in the 2018 and 2019 TripAdvisor Travelers’ Choice Awards and regularly ranks as a top vacation destination in both domestic and international publications. An ideal year-round destination for travelers of all ages and interests, Clearwater boasts miles of pristine “sugar sand” beaches, provides a wide variety of casual and fine dining options, and is home to Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball. Clearwater Marine Aquarium remains a consistent draw for visitors and is nationally recognized for its groundbreaking work in marine rescue, rehabilitation, and release. The City of Clearwater is committed to ensuring that we have a sustainable city through green measures focusing on our economy, environment, and community. 2. RFP OBJECTIVE. The City of Clearwater (City) seeks an experienced, well qualified person, firm, or entity (Respondent) to represent the City before Congress and the Executive branch of the Federal government. It is the City’s intention to solicit responses from potentially qualified respondents; to evaluate their responses; to require presentations by finalists (if deemed necessary); to negotiate terms, including price; and to award a contract for services upon successful negotiation of a reasonable contract. The City has a Council-Manager form of government with a five-member City Council whose members are elected at large. The Council members’ terms of office are staggered. The City Manager is appointed by the City Council to implement and manage Council policy. 3. SCOPE OF SERVICES. The scope of services to be performed by the qualified successful Respondent includes but is not limited to the following: A. The qualified Respondent shall maintain an office in the Washington D.C. area; maintaining a presence on behalf of the City of Clearwater, Florida. B. The qualified Respondent shall be able to provide timely information, assessments, and reports on federal legislation, budgetary, and regulatory issues affecting the City of Clearwater. The information provided shall include monthly updates on city-related issues with emphasis on those issues specifically affecting Clearwater. C. The qualified Respondent shall be able to effectively communicate City Council policy positions to Congress, the Administration, and federal agencies. This will include scheduling meetings for the Mayor, members of the City Council, City Manager, or City legislative staff with members of Congress, the Administration, and with federal agency representatives to discuss the City’s concerns. The Respondent will provide advice and counsel on the timing, necessity and subject matter, including the key points needing to be discussed at any of these meetings. Additionally, the Respondent will advise the City on the necessity to write letters of support or opposition on pending legislation or federal policy issues. D. The qualified Respondent shall be able to provide timely information and advice on federal funding opportunities to support City programs and services and facilitate federal consideration of City applications. The City throughout the year submits grant applications to seek funding for programs that complement the goals and objectives of the City Council. The Respondent should be prepared to support these efforts by identifying appropriate federal funding opportunities, including appropriations, authorized programs, competitive grant programs, and possible agency discretionary grants applicable to City of Clearwater priorities. E. The qualified Respondent shall be able to work in conjunction with the United States Conference of Mayors in support or opposition of budget appropriations, legislation, and DETAILED SPECIFICATIONS Federal Lobbying Services 18 RFP #57-22 agency rules or regulations affecting municipalities. F. The qualified Respondent shall be able to review and provide advice on development of the City of Clearwater’s Federal Legislative Program. G. The qualified Respondent shall be able to travel to Clearwater to report on activities engaged in while representing the City. Travel to Clearwater and on behalf of Clearwater will be reimbursable. 4. MINIMUM QUALIFICATIONS. A. Respondent must demonstrate experience and expertise in the federal legislative process or be able to demonstrate equivalent experience. B. Respondent must demonstrate the ability to represent local government clients to Congress or be able to demonstrate equivalent experience. C. Respondent must demonstrate ongoing relationships with members of the Florida Congressional Delegation by including in their list of references, members and a contact person in each of the offices who can discuss the Respondent’s work. D. Respondent must demonstrate ongoing relationships with key members and Congressional Committee staff, Executive Branch agency staff, and describe how these relationships may be of assistance to the City. E. Respondent must demonstrate familiarity with Federal agencies and a record of a successful working relationship with these agencies. 5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. DETAILED SPECIFICATIONS Federal Lobbying Services 19 RFP #57-22 c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. 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 #57-22 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Federal Lobbying Services 20 RFP #57-22 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. January 2023-December 2027 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. PRICES. All pricing shall be firm for the contract term except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal. RESPONSE ELEMENTS Federal Lobbying Services 21 RFP #57-22 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 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The proposer’s understanding of the work to be performed. 2. A positive commitment to perform the service within the time period specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this project. TAB 2 – Demonstrated Experience Providing Federal Lobbying Services with Local Governments and/or Organizations; References 1. A statement of qualifications, abilities, experience and expertise in providing the requested services. a. A description of what qualifies your company, financial and otherwise, to provide the City with these services for the required period of time, provide appropriate staffing, provide necessary resources and show a history of demonstrated competence. b. An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or expertise offered that exceed the requirements, or the vendor’s inability to meet some of the requirements of the specifications. 2. References – provide a minimum of three (3) references, preferably from other public entities in the State of Florida, for whom you have provided similar services. Include the name of entity, contact person’s name, phone number, e-mail address, mailing address, type of service provided, dates the services were provided. TAB 3 – Qualifications – Education and Training of Lobbyist(s) Identification of personnel to be assigned to the City; resumes, including relevant experience may be included. TAB 4 – Cost for Services The cost portion of the proposal should include a complete listing of hourly fees, rates, etc., applicable to requested services. All direct and indirect costs should be included. Travel and out- of-pocket expenses shall be listed separately and included in total cost. TAB 5 - Other Forms. The following forms should be completed and signed: 1. Exceptions/Additional Materials/Addenda form 2. Vendor Information form 3. Vendor Certification of Proposal form 4. Scrutinized Companies form(s) as required 5. E-Verify Eligibility form 6. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Federal Lobbying Services 22 RFP #57-22 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 Federal Lobbying Services 23 RFP #57-22 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 Federal Lobbying Services 24 RFP #57-22 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 Federal Lobbying Services 25 RFP #57-22 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 Federal Lobbying Services 26 RFP #57-22 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 Federal Lobbying Services 27 RFP #57-22 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 Federal Lobbying Services 28 RFP #57-22 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #57-22, Federal Lobbying Services Due Date: October 24, 2022, 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 #57-22, Federal Lobbying Services Due Date: October 24, 2022, 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 ------------------------------------------------ Page 1 of 32 Page 2 of 32 Page 3 of 32 Page 4 of 32 Page 5 of 32 Page 6 of 32 Page 7 of 32 Page 8 of 32 Page 9 of 32 Page 10 of 32 Page 11 of 32 Page 12 of 32 Page 13 of 32 Page 14 of 32 Page 15 of 32 Page 16 of 32 Page 17 of 32 Page 18 of 32 Page 19 of 32 Page 20 of 32 Page 21 of 32 Page 22 of 32 Page 23 of 32 Page 24 of 32 Page 25 of 32 Page 26 of 32 Page 27 of 32 Page 28 of 32 Page 29 of 32 Page 30 of 32 Page 31 of 32 Page 32 of 32 1) Batie and Associates, LLC 2) Dentons US LLP 607 Cathedral Pl.233 S Wacker Dr., Ste 5900 St. Augustine, FL 32084 Chicago, IL 60606 904.392.7689 312.876.8000 Certified MBE 3) Van Scoyoc Associates, Inc 800 Maine Ave SW, Ste 800 Washington, DC 20024-2806 202.638.1950 ADVERTISED: TAMPA BAY TIMES 9/28/2022 POSTED:myclearwater.com 09/26/2022-10/24/2022 Due/Opening: October 24, 2022; 10:00 a.m. REQUEST FOR PROPOSAL No. 57-22 Federal Lobbying Services Solicitation Response Listing FOR THE CITY OF CLEARWATER Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1326 Agenda Date: 1/12/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Attorney Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Authorize the City Attorney to hire Dayes Law Firm, PLLC to represent individual city employees in civil claims arising under 42 U.S.C. 1983 in which the City Attorney's Office has a conflict of interests, or in which in-house defense of the claim is impractical due to workload, approve the Legal Services Agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: The Code of Ordinances requires the City to defend both current and former employees in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting within the scope of his or her public employment or duties. However, City Code of Ordinances Section 2.035 recognizes that circumstances occasionally arise in which it would be a conflict of interest for the City Attorney’s Office to represent both the City and the individual defendant employees. Even in cases where no conflict exists, the extensive and specialized litigation sometimes involved in these cases can make outside representation appropriate. The City Attorney would like to retain Andrew Dayes to represent current and former city employees who are sued in their individual capacity under 42 U.S.C. 1983, but such representation will be limited to cases in which a conflict of interests exists or, in the City Attorney’s judgment, it is inappropriate or impractical to defend the employee using in-house resources. The initial budget for this agreement is $100,000. Additional fees, if any, will be presented to Council for approval. This agreement is exempt from bidding requirements pursuant to Section 2.563(1)(g), Clearwater Code of Ordinances. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 0109600-530100, Professional Services, to fund this contract. Page 1 City of Clearwater Printed on 1/10/2023 1 AGREEMENT BETWEEN THE CITY OF CLEARWATER AND DAYES LAW FIRM, PLLC THIS AGREEMENT is entered into at Clearwater, Florida, effective the _____ day of January, 2023, by and between the City of Clearwater, a municipal corporation of the State of Florida, hereinafter referred to as the “City”, the address of which is City of Clearwater Offices, One Clearwater Tower, 6th Floor, 600 Cleveland St., Clearwater, FL 33756, and Dayes Law Firm, PLLC, hereinafter referred to as the “Firm”, the address of which is 727 2nd Street South, Safety Harbor, Florida 34695. WHEREAS, it is the desire of the City to enter into an Agreement with the Firm to provide legal services pertaining to police civil liability against the City, and other such legal services as may be required by the City Attorney. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations herein contained, the City and the Firm agree as follows: ARTICLE I. SCOPE OF SERVICES. The Firm shall provide legal services to the City involving police civil liability lawsuits against the City, and other such legal services as may be required by the City Attorney. Such legal services shall be requested and assigned by the City Attorney, or his designee, and performed in a manner prescribed by the City Attorney. Andrew I. Dayes will be the Attorney in the Firm who shall be primarily responsible for the representation of the City on behalf of the Firm. ARTICLE II. PERIOD OF AGREEMENT. This Agreement shall commence on the Effective Date, and shall terminate at the conclusion of the services provided hereunder, unless earlier cancelled as hereinafter provided. ARTICLE III. COMPENSATION AND COMPENSABLE EXPENSES. A. The City shall pay the Firm as consideration for legal services rendered pursuant to this Agreement an hourly rate of Two Hundred Dollars ($200.00), and Ninety-Five Dollars ($95.00) per hour for all paralegal services on behalf of the City. There will be no compensation paid for the services of clerical assistance. B. Reimbursement shall be made by the City to the Firm for reasonable out-of-pocket expenses, without mark-up, including, but not limited to, long distance calls, copying or reproducing documents, not to exceed ten cents per page, postage, court costs, appeal expenses, parking costs, witness fees, discovery costs and travel (local travel excluded), incurred by the Firm in the performance of its duties hereunder. Travel and per diem costs, as well as auto travel expenses, shall not exceed that which is available and paid to City of Clearwater employees. 2 C. Reasonable charges for computer legal research shall be paid, however, such legal research work must be approved by the City Attorney, and this provision shall be reviewed quarterly by the parties. D. No outside experts or other services may be incurred for payment by the City without written authorization by the City Attorney or his designee. ARTICLE IV. PAYMENTS. The Firm shall submit invoices to the City on a monthly basis. Each invoice shall provide a detailed description of the services performed and the date thereof. Original receipts for non-in- house expenses must be submitted with each invoice and a reasonable amount of detail must be provided for each non-in-house expense as agreed to by the Firm and the City Attorney. Upon receipt and verification of such statements the City shall pay the Firm within reasonable time after receiving same. ARTICLE V. FIRM’S REPRESENTATION OF OTHER CLIENTS. The Firm will not represent clients against the City of Clearwater in personal injury claims or in any other claim arising out of its representation of the City or its representation of an individual employed by the City. In all other matters, the Firm may represent clients with an interest adverse to the City of Clearwater and said representation shall not be deemed to constitute a conflict of interest, provided the Firm first discloses to the City, in writing, said representation and the nature of the adverse interest. Moreover, except as herein provided, the Firm’s representation of the City shall not be deemed to constitute a conflict affecting the Firm’s general ability to represent clients before the City. ARTICLE VI. NONASSIGNABILITY. The Firm may not assign this Agreement. ARTICLE VII. MODIFICATION, AMENDMENT OR EXTENSION. This Agreement may not be modified, amended or extended verbally or by conduct but only by writing duly executed by the parties in accordance with the Charter of the City. ARTICLE VIII. TERMINATION. City may discharge Firm and terminate this Agreement at any time, with or without cause. In such event, however, City shall remain obligated to compensate Firm for all services rendered and authorized expenses incurred through the date of termination. Firm may terminate services to the City and this Agreement, with or without cause, upon reasonable notice, not less than thirty (30) days. In the event Firm’s statements are not paid within a reasonable time, or in the event the City/Firm relationship develops to the point where Firm, in its sole discretion, believes it cannot conscientiously provide representation in City’s best interest, Firm may terminate as aforesaid. 3 ARTICLE IX. PUBLIC RECORDS. The firm must comply with public records laws, including the following provisions of Section 119.0701, Florida Statutes: 1. Keep and maintain public records required by the City to perform the services; 2. Upon request by the City, provide the City with copies of the requested records, having redacted records in total on in part that are exempt from disclosure by law or allow the records to be inspected or copied within a reasonable time (with provision of a copy of such records to the City) on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that records, in part or in total, that are exempt or that are confidential and exempt from disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion (or earlier termination) of the contract if the Firm does not transfer the records to the City. 4. Upon completion (or earlier termination) of the agreement, the Firm shall within 30 days after such event either transfer to the City, at no cost, all public records in possession of the Firm or keep and maintain the public records in compliance with Chapter 119, Florida Statutes. If the Firm transfers all public records to the City upon completion (or earlier termination) of the contract, Firm shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements. If the Firm keeps and maintains public records upon completion (or earlier termination) of the contract, the Firm shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. 5. The failure of the Firm to comply with Chapter 119, Florida Statutes, and/or the provisions set forth above shall be grounds for immediate unilateral termination of the agreement by the City; the City shall also have the option to withhold compensation the Firm until records are received as provided herein. ARTICLE X. COMPLIANCE WITH LAWS. The Firm shall comply with all applicable federal, state and local laws and all codes and ordinances of the City as amended from time to time, and specifically with the City of Clearwater’s Code of Ethics, as it may be amended from time to time. ARTICLE XI. HEADINGS. All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year ﬁrst above written. CITY OF CLEARWATERATTEST; By: FRANK HIBBARD, MAYORCITY CLERK/DEPUTY CITY CLERK DA YES LAW FIRM, PLLC By: ^^Jnd^^Tday^ PREPARED AND APPROVED A S T O L E G A L S U F F I C I E N C Y : DAVID MARGOLIS CITY ATTORNEY 4 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1363 Agenda Date: 1/12/2023 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Attorney Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Approve First Amendment to the Property Exchange Agreement between the City and PSTA, extending the deadline to finalize and approve the leaseback agreement provided for in the Exchange Agreement, approve the lease between the City and PSTA, and authorize the appropriate officials to execute same. (consent) SUMMARY: On October 6, 2022, the City Council approved a Property Exchange agreement with PSTA (Pinellas Suncoast Transit Authority) for the exchange of a parcel of city-owned land on the corner of Myrtle Avenue and Court Street for the current Park Street Terminal. The agreement provides for PSTA to lease back the Park Street Terminal until the new multi-modal facility on Myrtle Avenue and Court Street is complete and requires that the lease be finalized by January 4. Because neither the City Council nor PSTA’s Board of Directors will meet before the deadline, an amendment to the Exchange Agreement extending the deadline to January 30, 2023 is required. The proposed lease is for a term of five years. No extension will be granted unless approved by the City Council. Page 1 City of Clearwater Printed on 1/10/2023 LEASE AGREEMENT THIS LEASE AGREEMENT is made this __ day of _____________, 202_ (the “Effective Date”), by and between THE CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter called “City” and the PINELLAS SUNCOAST TRANSIT AUTHORITY, a Florida independent special district, hereinafter called “PSTA”. WITNESSETH: WHEREAS, City is the owner of that certain parcel of land and the transit facility (the “Existing Facility”) and other improvements constructed thereon located on Garden Avenue in the City of Clearwater, Florida and more particularly described on Exhibit A, attached hereto and incorporated herein (said land, Existing Facility and other improvements being referred to collectively herein as the “Property”); WHEREAS, City and PSTA are parties to that certain Exchange Agreement dated October 6, 2022 (the “Exchange Agreement”), pursuant to which the City exchanged the Property for other properties located at 701 Court Street, 710 Court Street, and 701 Franklin Street in the City of Clearwater and as more particularly described in the Exchange Agreement, upon which PSTA intends to construct a new facility (the “New Facility”); WHEREAS, pursuant to the terms of the Exchange Agreement and to facilitate PSTA’s continued services to the residents of Clearwater, City has agreed to lease the Property to PSTA until such time as the construction of the New Facility has been completed; WHEREAS, PSTA desires to lease from City and the City desires to lease to PSTA the Property on the terms, covenants and conditions set forth in this Lease; NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions and agreements herein set forth, the parties agree as follows: 1. AGREEMENT TO LEASE: The City leases and demises unto the PSTA, and the PSTA rents and hires from the City, the Property. 2. TERMS OF LEASE AND RENTAL: (A) This Lease shall commence on the Effective Date and continue for five (5) years (the “Initial Term”). This Lease may be renewed for a second period of five (5) years (the “Extended Term” and together with the Initial Term, the “Term”) upon the mutual agreement of the Parties (B) This Lease shall automatically terminate thirty (30) days after PSTA receives a certificate of occupancy for the New Facility unless otherwise terminated earlier as set forth herein. (C) PSTA shall pay no rent during the Term of this Lease. PSTA shall be responsible for all other costs associated with its occupancy and operations as described in Paragraph 4 below. 3. RECAPTURE: In accordance with City of Clearwater Charter, Article II, Section 2.01(d)(5)(viii), the City shall have the right to terminate this Lease if the Property is needed by the City for a public purpose by providing at least one hundred eighty (180) days’ prior written notice to PSTA (the “Recapture”). Upon the delivery of a notice of Recapture, PSTA shall have the option to require the City to locate and lease another parcel of real property to PSTA for the purpose of operating a temporary transit facility for the remainder of the Term, located in downtown Clearwater, which shall be defined for this purpose as the area within or immediately adjacent to the City of Clearwater Community Redevelopment Area boundary, as agreed to by the parties and as acceptable to PSTA (“Alternate Lease Parcel”). The Alternate Lease Parcel located by the City shall be accessible to busses, no smaller than 38,000 square feet, and otherwise suitable for use as a temporary transit facility. The lease of the Alternative Lease Parcel shall be made on the same material terms and conditions of this Lease. PSTA shall provide notice to City of its option to require an Alternate Lease Parcel within 30 days of its receipt of the notice of Recapture. 4. IMPROVEMENTS: PSTA shall be responsible for all costs and expenses whatsoever in connection with the construction of improvements on the Property or Alternative Lease Parcel as PSTA deems necessary for its use and operations, including, but not limited to, design, permitting, construction, infrastructure, paving, and other associated appurtenances. Upon either the expira- tion of the Term or the termination of this Lease, whichever occurs first, PSTA may, at its sole discretion, remove its installations, alterations, additions, partitions, fixtures, and anything in the nature of improvements made or installed by PSTA on the Property or the Alternative Lease Par- cel. All improvements not so removed shall vest in the City upon termination of the Lease. 5. USE: PSTA shall continue its use and occupation of the Property and the Existing Transit Facility in connection with the transportation services it provides to the public and any and all other incidental uses. 6. ASSIGNMENT OR SUBLEASE: This Lease may not be assigned nor the Property or any portion thereof be sublet by the PSTA, to any person, company or corporation, except a successor organization whose purpose is substantially the same as PSTA, without the express written consent of City, which shall not be unreasonably withheld, delayed or conditioned. City shall have the right to assign or transfer its interest in the Property and in this Lease to a successor in interest who shall expressly assume the obligations of City hereunder. 7. UTILITIES / JANITORIAL: PSTA agrees to pay for all charges for electrical, telephone, internet services, gas, water and sewer utilities, trash and garbage removal with respect to the Property. PSTA shall be responsible and pay for janitorial services for the Property. 8. MAINTENANCE: PSTA shall be responsible for all maintenance on the Property, includ- ing, but not limited to: (i) lawn and parking lot maintenance; (ii) all costs of any routine, non- capital maintenance or capital maintenance; (iii) repairs to any part of the Property and the im- provements thereon (and all fixtures); (iv) costs of obtaining and maintaining policies of hazard and casualty insurance and liability insurance, if any; and (v) any other costs arising in connection with the occupancy, maintenance and use of the Property. Without limiting the foregoing, PSTA shall be responsible for and shall pay all costs of any repairs or replacements, including capital repairs, for damage to the Lease Parcel and/or improvements and fixtures thereon, provided, how- ever, that PSTA shall not be responsible for the repair and/or replacement of the Existing Structure in the event of a casualty, or for any repairs costing in excess of $10,000.00. 9. TAXES: The parties intend that this Lease be for municipal purposes and not subject to ad valorem taxation, however, in the event that any ad valorem taxes are assessed on the Property, PSTA shall be responsible for the payment of any such ad valorem taxes that may be assessed on the Property 10. ASSESSMENTS AND DUES: PSTA shall pay all applicable association dues, assessments or other fees associated with its use and occupation of the Property. 11. NO WASTE, OR UNLAWFUL PURPOSES: PSTA shall not commit, or allow to be committed, any waste on the Property, or knowingly allow the Property to be used for any unlawful purpose. 12. INSURANCE: PSTA will maintain hazard insurance for the Property. PSTA will main- tain casualty insurance in compliance with Florida Statutes §768.28 and will maintain liability, automobile liability and workers compensation insurance. 13. CASUALTY: In the event the Existing Facility is destroyed or so damaged or injured by fire or other casualty during the term of this Lease, whereby the Existing Facility shall be rendered unusable, then PSTA, at its sole option, may either (i) replace the Existing Facility; or (ii) terminate this Lease. 14. ALTERATIONS AND IMPROVEMENTS: PSTA may, without the prior written con- sent of City, demolish all or a portion of the Existing Structures and replace them with bus shelters. Provided, however, that such demolition and construction shall be at PSTA’s sole cost and ex- pense. For the avoidance of doubt, nothing in this Section 14 shall require PSTA to demolish or replace the Existing Structures. 15. DEFAULTS AND REMEDIES: If PSTA shall remain in default under any condition of this Lease and the default is not cured within thirty (30) days of written notice by City to PSTA of said default, or such longer cure period as may be mutually agreed upon by the par- ties, or should any other person other than PSTA secure possession of the Property, or any part thereof, City may, at its option and in addition to any other remedies available under Florida law, elect to terminate this Lease, retake possession of the Property, and dispossess PSTA by summary proceedings or otherwise, in accordance with law, and remove PSTA’s effects from the Property and hold the Property as though this Lease had not been made, without being liable for trespass and damages. All rights and remedies of City under this Lease shall be cumulative, and none shall exclude any other right or remedy at law. Such rights and remedies may be exercised and enforced concurrently and whenever and as often as occasion therefor arises. 16. INDEMNIFICATION: (A) To the extent permitted by law, PSTA shall defend at its expense, pay on behalf of, hold harmless and indemnify City, its officers, employees, agents, invitees, elected and appointed officials and volunteers from and against any and all claims, demands, liens, liabilities, penalties, fines, fees, judgments, losses and damages (whether or not a lawsuit is filed) including, but not limited to, costs, expenses and attorneys’ fees at trial and on appeal (collectively, "Claims") for damage to property or bodily or personal injuries, including death at any time resulting therefrom, sustained by any person or persons, which damage or injuries are alleged or claimed to have arisen out of any negligent act or omission of PSTA, its officers, employees, agents, invitees, elected and appointed officials, contractors and subcontractors, and volunteers or out of the failure of PSTA, its officers, employees, agents, invitees, elected and appointed officials, contractors and subcontractors, and volunteers, to comply and conform with any applicable law, statute, ordinance or regulation now or hereinafter in force including, but not limited to, violations of the Americans with Disabilities Act and any current or future amendments thereto. Nothing contained in this Lease and specifically this indemnification provision is intended to nor shall it be construed as an additional waiver of sovereign immunity beyond the expressed written contractual obligations of the City contained within this Lease. Excluded from the PSTA’s indemnification obligation are any claims for which PSTA is immune from suit under the doctrine of sovereign immunity or for any amount of a claim exceeding the limitations of liability established by Section 768.28, Florida Statutes. (B) To the extent permitted by law, City shall defend at its expense, pay on behalf of, hold harmless and indemnify PSTA, its officers, employees, agents, invitees, elected and appointed officials, contractors and subcontractors, and volunteers from and against any and all Claims for damage to property or bodily or personal injuries, including death at any time resulting therefrom, sustained by any person or persons, which damage or injuries are alleged or claimed to have arisen out of any negligent act or omission of City, its officers, employees, agents, invitees, elected and appointed officials and volunteers or out of the failure of City, its employees, agents, representatives, contractors, subcontractors or volunteers, to comply and conform with any applicable law, statute, ordinance or regulation now or hereinafter in force including, but not limited to, violations of the Americans with Disabilities Act of 1990 and any current or future amendments thereto. Nothing contained in this Lease and specifically this indemnification provision is intended to nor shall it be construed as an additional waiver of sovereign immunity beyond the expressed written contractual obligations of the City contained within this Lease. Excluded from the City’s indemnification obligation are any claims for which the City is immune from suit under the doctrine of sovereign immunity or for any amount of a claim exceeding the limitations of liability established by Section 768.28, Florida Statutes. (C) City shall not be responsible or liable to PSTA or to those claiming by, through or under PSTA for any damage to either person or property that may be occasioned by or through the acts or omissions of third parties. (D) PSTA shall give prompt notice to the City in case of (i) fires, (ii) significant accidents involving serious injuries to persons (including death, dismemberment and/or serious hospitalization), (iii) significant accidents involving damage to personal property valued in excess of $10,000.00, or (iii) other serious casualties on or about the Property. Notwithstanding the foregoing, PSTA shall only be required to give notice to City of any events covered in this section 16(d) if and to the extent that PSTA has knowledge of such events. 17. ABANDONMENT: If during the term of this Lease, PSTA shall abandon, vacate, or remove (other than in the normal course of business) from the Property the major portion of goods, wares, equipment, or furnishings usually kept on the Property, or shall otherwise breach this Lease, City may, at its option, cancel this Lease in the manner stated in paragraph 15 hereof. 18. SIGNS: PSTA may affix, replace or repair signs outside and inside the Existing Facility where signage presently exists or install new signage in areas which may be designated by City; provided, however, such designated areas are to be located so as to be reasonably visible from the roadways and driveway entrances. Signage and installation of such signage will be at PSTA’s sole expense. This paragraph 18 shall only apply to signage which is larger than 10’x 10’. 19. RECORDING: This Lease shall not be recorded in the public records by either party. 20. ATTORNEY'S FEES: If PSTA or City defaults in the performance of any of the covenants of this Lease and by reason thereof either employs the services of an attorney to enforce performance of the covenants by this Lease, to evict PSTA, or to perform any service based upon said default, then in any of said events, the parties hereto agree to pay a reasonable attorney's fee, and all expenses and costs incurred by the non-defaulting party pertaining thereto and in enforcement of any remedy available to them shall be borne by the defaulting party. 21. WAIVER: No waiver of any condition or covenant of this Lease by City shall be deemed to imply or constitute a further waiver by City of any other condition or covenant of this Lease. The rights and remedies created by this Lease are cumulative and the use of one remedy shall not be taken to exclude or waive the right to the use of another, unless prohibited by law. 22. CITY'S RIGHT OF ENTRY: City, or any of his agents, shall have the right to enter the Property during all reasonable hours and upon giving reasonable prior notice to examine the same. City shall not exercise its rights under this paragraph in such a manner as would result in a disruption of PSTA's use and enjoyment of the Property under the terms of this Lease. City's right of entry under this paragraph shall be predicated upon twenty-four (24) hours’ notice to PSTA, unless dictated by emergency or with PSTA's consent. 23. PERSONAL PROPERTY: All personal property on the Property or in the Existing Facility shall be and remain at PSTA's sole risk of loss (except for damage occasioned thereto by negligence or intentional wrongdoing of the City), and City shall not be liable for any damage to nor loss of such personal property arising from any acts of negligence of any other persons, nor from the leaking of the roof, nor from the bursting, leaking, or overflowing of water, sewer, steam pipes, or plumbing fixtures; nor from electric wiring or fixtures; nor from any other cause whatsoever; nor shall City be liable for any injury to the employees of PSTA or other persons in the Property; PSTA expressly agreeing to hold City harmless in all such cases unless such damage or injury is due to negligence of City. 24. NO BENEFIT TO THIRD PARTIES: City and PSTA are the only parties to this Lease and as such are the only parties entitled to enforce its terms. Nothing in this Lease gives or shall be construed to give or provide any benefit, direct, indirect, or otherwise to third parties. 25. NO CONSTRUCTION AGAINST PREPARER OF AGREEMENT: This Lease has been prepared by the PSTA and reviewed by the City and its professional advisors. The City and PSTA believe that this Lease expresses their agreement and that it should not be interpreted in favor of either the City or PSTA or against the City or PSTA merely because of their efforts in preparing it. 26. SURVIVABILITY: All covenants and conditions (including but not limited to indemnification agreements), set forth in this Lease, the full performance of which are not required prior to the expiration or earlier termination of this Lease, and all covenants and conditions which by their terms are to survive, shall survive the expiration or earlier termination of this Lease and be fully enforceable thereafter. 27. SEVERABILITY: If any term, covenant or condition of this Lease, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease or the application of such term, covenant, or condition to persons or circumstances other than those as to which it was held invalid or unenforceable, shall not be affected thereby and each term, covenant, or condition of this Lease shall be valid and be enforced to the fullest extent permitted by law. 28. MODIFICATION: Any modification of the Lease shall be mutually agreed upon and reduced to writing and shall not be effective until signed by the parties. 29. NOTICES: All notices required under this Lease shall be deemed to be properly served if sent by certified mail to the last address previously furnished by the parties. Date of service of such notice is the date such notice is deposited in a post office of the United States Post Office Department, postage prepaid. Until hereafter changed by the parties by notice in writing, notices shall be sent to City at: _______________ _______________ _______________ _______________ and to PSTA at: Chief Executive Officer Pinellas Suncoast Transit Authority 3201 Scherer Drive St. Petersburg, Florida 33716 Fax No. 727-540-1913 With copy to: Alan S. Zimmet, General Counsel Bryant Miller Olive, P.A. One Tampa City Center, Suite 2700 Tampa, FL 33602 Fax: (813) 223-2705 30. WRITTEN AGREEMENT: The Lease contains the entire agreement between the parties hereto as it relates to the Lease of the Property, and it may be modified only by an agreement in writing executed by City and PSTA with the same formalities as this Lease. 31. TIME: It is understood and agreed between the parties hereto that time is of the essence in the performance of all the terms and provisions of this Lease. Time periods herein shall include Saturdays, Sundays, and state and national legal holidays. 32. RELATIONSHIP OF THE PARTIES: The relationship between the parties is that of owner and tenant of real property. This Lease is not intended to create any other relationship, including but not limited to a partnership or joint venture between the City and PSTA, or principal/agent relationship between them. 33. PARAGRAPH TITLES OR CAPTIONS: The title or captions appearing at the beginning of each numbered paragraph in this Lease are for the purposes of easy reference and shall not be considered a part of this Lease or in any way modify, amend, or affect the provisions hereof. 34. 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. 35. PEACEFUL POSSESSION: Subject to the terms, conditions and covenants of this Lease, City agrees that PSTA shall and may peaceably have, hold, and enjoy the Property above described without hindrance or molestation by City. 36. NON-APPROPRIATION: The obligation of the City or PSTA to fund any expenditures required by this Lease shall be limited to an obligation in any given year to budget, appropriate and pay from legally available funds, after monies for essential City or PSTA services have been budgeted and appropriated, sufficient monies for the funding of any expenditures that are due during that year. In the event either the City or PSTA, in their sole discretion, determines that sufficient budgeted funds are not available to appropriate for payments due by each respectively under this Lease, the City or PSTA shall notify the other party of such occurrence and this Lease shall terminate on the last day of the current fiscal period without any penalty or expense to the terminating party. Notwithstanding the foregoing, neither the City nor PSTA shall be prohibited from pledging any legally available non-ad valorem revenues for any obligations heretofore or hereafter incurred, which pledge shall be prior and superior to any obligation of the City or PSTA pursuant to this Lease. 37. EMINENT DOMAIN PROCEEDINGS: In the event eminent domain proceedings result in the condemnation of a part of the Property leased herein, and said condemnation leaves the remaining Property unusable by PSTA, PSTA shall have the option to terminate this Lease. 38. NO WAIVER: Waiver by either party of strict performance of any provision of this Lease shall not be a waiver of or prejudice the party’s right to require strict performance of the same provision in the future or of any other provision. 39. APPLICABLE LAW, VENUE, AND JURISDICTION: This Lease shall be governed by and be interpreted in accordance with the laws of the State of Florida. Venue for state court actions shall lie solely in the state courts in Pinellas County. Venue for federal court actions shall lie solely in the Middle District of Florida, Tampa Division, unless a division is created in St. Petersburg, or Pinellas County, in which case the action shall be brought in that division. Each party waives any defense of improper or inconvenient venue as to either court and consents to personal jurisdiction in either court. 40. AUTHORITY OF PSTA: PSTA does hereby warrant that it has full and lawful authority to execute this Lease and to comply in all respects with the terms and conditions thereof. The undersigned agent for PSTA is vested by appropriate resolution of the PSTA Board of Directors with the authority to sign this Lease and to thereby bind, in all respects, PSTA. 41. CITY APPROVAL AND ACTION: For the purposes of this Lease, any required written consent, permission, approval or agreement ("Approval") by the City means the approval of the city council unless otherwise set forth herein and such Approval shall be in addition to any and all regulatory approvals for permits and/or other licenses required by law or this Lease. For the purposes of this Lease any right of the City to take any action permitted, allowed or required by this Lease, may be exercised by the city council, unless otherwise set forth herein. The City does hereby warrant that it has full and lawful authority to execute this Lease and to comply in all respects with the terms and conditions thereof. The undersigned agent for the City is vested by appropriate resolution of the city council with the authority to sign this Lease and to thereby bind, in all respects, the City. IN WITNESS WHEREOF, the parties have executed this Lease effective as of the date last written below. ATTEST: ____________________________________ Print Name:___________________________ APPROVED AS TO FORM: __________________________________ Alan S. Zimmet General Counsel PINELLAS SUNCOAST TRANSIT AU- THORITY, a Florida independent special district By: _______________ Name: Brad Miller, Chief Executive Officer Date: _____________________________ Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ Frank V. Hibbard Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ David Margolis Rosemarie Call City Attorney City Clerk Date: __________________________ EXHIBIT “A” The Property 1 FIRST AMENDMENT TO EXCHANGE AGREEMENT THIS FIRST AMENDMENT TO EXCHANGE AGREEMENT (this “Amendment”) is made and entered into by and between PINELLAS SUNCOAST TRANSIT AUTHORITY, a Florida independent special district (“PSTA”), and THE CITY OF CLEARWATER, FLORIDA, a municipal corporation (“City”). WITNESSETH: WHEREAS, PSTA and City entered into that certain Exchange Agreement, dated as of October 6, 2022 (the “Agreement”); WHEREAS, the Inspection Period provided for under the Agreement will to expire on January 4, 2023; and WHEREAS, under Section 8 of the Agreement, in the event that the parties are unable to agree to the final form of the Lease (as defined in the Agreement), either party may terminate the Agreement, “by giving written notice to the other not later than the fifth (5th) day following the last day of the Inspection Period”; and WHEREAS, Seller and Purchaser desire to modify the Agreement to extend the period under which the parties have to negotiate the Lease. NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, PSTA and City do hereby amend the Agreement as follows: 1. Except as expressly modified hereby, all other terms and provisions of the Agreement are hereby ratified and affirmed. Unless expressly stated otherwise, capitalized terms used in this Amendment shall have the same meanings ascribed to such terms in the Agreement. 2. The first paragraph of Section 8 is hereby deleted in its entirety and replaced with the following: Lease of the PSTA Parcel. At Closing, PSTA and the City shall enter into a written lease agreement, pursuant to which PSTA shall lease from the City the PSTA Parcel (the "Lease"). If the parties are unable to agree to the final form of Lease prior to January 30, 2023, then either party may, by giving written notice to the other not later than February 6, 2023, terminate this Agreement. In the event of such a termination, neither party shall have any further obligations hereunder. The Lease shall contain the following terms: 2 3. This Amendment shall not modify, alter, or amend any of the terms of Section 8(a)-(f) of the Agreement. 4. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. [Remainder of Page Intentionally Left Blank] S-1 IN WITNESS WHEREOF, City and PSTA have each caused this Amendment to be executed by their duly authorized representatives, and agree to be bound hereby, effective the ____ day of _________, 202_. ATTEST: ____________________________________ Print Name:___________________________ APPROVED AS TO FORM: __________________________________ Alan S. Zimmet General Counsel PINELLAS SUNCOAST TRANSIT AUTHORITY, a Florida independent special district By: _______________ Name: Brad Miller, Chief Executive Officer Date: _____________________________ Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ Frank V. Hibbard Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ David Margolis Rosemarie Call City Attorney City Clerk Date: __________________________ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1385 Agenda Date: 1/12/2023 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Declare as surplus, a certain portion of real property located at 1000 N. Hercules Avenue, for the purpose of the City of Clearwater entering into a lease and property operation agreement with FlyUSA PV, LLC for an initial term of five years with one five-year unilateral renewal option, at the discretion of FlyUSA PV, LLC, and four subsequent five-year renewal options subject to mutual agreement of both parties; and authorize the appropriate officials to execute same . (APH) SUMMARY: The city-owned property (Property) is described as that certain portion of real property located at 1000 N. Hercules Avenue being more particularly described as follows: Commence at the center of Section 12, Township 29 South, Range 15 East: thence run N 89° 19' 10" W, along the East-West centerline of said Section 12, a distance of 50.00', to a point on the West right-of-way line of Hercules Avenue and the Point of Beginning; thence N 00° 16' 59" E, along said West right-of-way line of Hercules Avenue, a distance of 34.91'; thence N 89° 29' 00" W, a distance of 252.19'; thence N 00° 40' 34" E, a distance of 173.37'; thence N 89° 19' 26" W, a distance of 328.99'; thence N 00° 16' 55" E, a distance of 300.00' to a point on the South right-of-way of Grand Avenue; thence N 89° 19' 26" W, along said South right-of-way of Grand Avenue, a distance of 475.00'; thence N 00° 16' 59" E, a distance of 756.48'; thence N 89° 19' 26" W, a distance of 401.74'; thence N 25° 13' 17" W, a distance of 1610.02'; thence S 65° 50' 39" W, a distance of 294.56'; thence S 24° 09' 21" E, a distance of 633.55'; thence N 89° 01' 19" W, a distance of 8.74'; thence S 25° 13' 17" E, a distance of 3715.92'; thence S 00° 16' 59" W, a distance of 160.49'; thence S 89° 20' 18" E, a distance of 564.75' to a point on said West right-of-way line of Hercules Avenue; thence N 00° 16' 59" E, along said West right-of-way line of Hercules Avenue, a distance of 1489.39' to the Point of Beginning. Containing 60.21 Acres, more or less. The Property includes portions of the following tax folio numbers: 12-29-15-55836-001-0012, 12-29-15-55836-001-0001, 12-29-15-70182-200-1200, 12-29-15-70182-200-0701 , 12-29-15-70182-200-0702, 12-29-15-55836-001-0013, 12-29-15-55836-001-0006 , 12-29-15-55836-001-0011, 12-29-15-55836-001-0007, and 01-29-15-70164-300-2501. The Property is currently being leased to Clearwater Airpark, Inc. for the operation of the Clearwater Airpark with said lease set to expire on February 28, 2023. Starting on March 1, 2023, the City intends to commence a new lease and operation agreement with FlyUSA PV, LLC who will take over operation of the airpark. Since the new lease and operation agreement provides for an initial term of five years with one five-year unilateral renewal option, at the Page 1 City of Clearwater Printed on 1/10/2023 File Number: ID#22-1385 discretion of FlyUSA PV, LLC, and four subsequent five-year renewal options subject to mutual agreement of both parties, a declaration of surplus is required for the City to enter into the agreement. Therefore, the lease and operation agreement is contingent upon the declaration of the property as surplus. Page 2 City of Clearwater Printed on 1/10/2023 L8 N 00° 16' 59" E756.48'L7 L6L5 L4N 25° 13 ' 17" W1610.02 ' L9 L10S 25° 13' 17" E3715.92'L13 N 00° 16' 59" E1489.39'L12L11 L3 Point of Commencement - Center of Section 12, Township 29S, Range 15E Point of Beginning L1 L2 LINE # LINE TABLE L1 N 89° 19' 10" W BEARING DISTANCE 50.00' L2 34.91' L3 252.19' L4 173.37' L5 328.99' L6 300.00' L7 475.00' L8 401.74' L9 294.56' L10 633.55' L11 8.74' L12 160.49' L13 564.75' N 00° 16' 59" E N 89° 29' 00" W N 00° 40' 34" E N 89° 19' 26" W N 00° 16' 55" E N 89° 19' 26" W N 89° 19' 26" W S 65° 50' 39" W S 24° 09' 21" E N 89° 01' 19" W S 00° 16' 59" W S 89° 20' 18" E HERCULES AVENUEKEENE ROADAIRPORT DRIVE The Landings Golf Course City of Clearwater Public Works Complex City of Clearwater Fleet Maintenance DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OF -- CITY OF CLEARWATER DEPARTMENT OF PUBLIC WORKS - ENGINEERING Clearwater Airpark Lease Legal Description Lee Cheek Tom Mahony 11/8/2022 2022021 - Lease 1 2 12 29S 15E This is not a survey N.T.S. Lease of Clearwater Airpark described as follows: Commence at the center of Section 12, Township 29 South, Range 15 East: thence run N 89° 19' 10" W, along the East-West centerline of said Section 12, a distance of 50.00', to a point on the West right-of-way line of Hercules Avenue and the Point of Beginning; thence N 00° 16' 59" E, along said West right-of-way line of Hercules Avenue, a distance of 34.91'; thence N 89° 29' 00" W, a distance of 252.19'; thence N 00° 40' 34" E, a distance of 173.37'; thence N 89° 19' 26" W, a distance of 328.99'; thence N 00° 16' 55" E, a distance of 300.00' to a point on the South right-of-way of Grand Avenue; thence N 89° 19' 26" W, along said South right-of-way of Grand Avenue, a distance of 475.00'; thence N 00° 16' 59" E, a distance of 756.48'; thence N 89° 19' 26" W, a distance of 401.74'; thence N 25° 13' 17" W, a distance of 1610.02'; thence S 65° 50' 39" W, a distance of 294.56'; thence S 24° 09' 21" E, a distance of 633.55'; thence N 89° 01' 19" W, a distance of 8.74'; thence S 25° 13' 17" E, a distance of 3715.92'; thence S 00° 16' 59" W, a distance of 160.49'; thence S 89° 20' 18" E, a distance of 564.75' to a point on said West right-of-way line of Hercules Avenue; thence N 00° 16' 59" E, along said West right-of-way line of Hercules Avenue, a distance of 1489.39' to the Point of Beginning. Containing 60.21 Acres, more or less. DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OF -- CITY OF CLEARWATER DEPARTMENT OF PUBLIC WORKS - ENGINEERING Clearwater Airpark Lease Legal Description Lee Cheek Tom Mahony 11/7/2022 2022021 - Lease 2 2 12 29S 15E Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: CPA2022-10001 Agenda Date: 1/12/2023 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve amendments to the Clearwater Comprehensive Plan Utilities Element to address the City of Clearwater’s Potable Water Supply Facilities Work Plan (2022-2032 Planning Period) and pass Ordinance 9637-23 on first reading. (CPA2022-10001) SUMMARY: This proposed ordinance contains amendments to the Utilities Element of the Clearwater Comprehensive Plan to include updated information based on the recent update to the Potable Water Supply Facilities Work Plan (2022-2032), completed by McKim & Creed, Inc. Section 163.3177, Florida Statutes, requires local governments to update their comprehensive plans, including their 10-year Water Supply Facility Work Plans, to incorporate relevant water supply options, conservation initiatives, and updated service area projections within 18 months after the approval of the regional water supply plan. The Southwest Florida Water Management District (SWFWMD) approved its updated Regional Water Supply Plan on November 17, 2020. The City last updated its water supply work plan and this section of the Comprehensive Plan in 2017, at which time it ensured consistency with the requirements in the statutes for this required element; therefore, this amendment involves updating existing policies, previously found to be in compliance with state requirements, and based on more current data. The Community Development Board (CDB) reviewed the proposed amendment at its meeting on December 20, 2022 and unanimously recommended the amendment for approval. As this is a text amendment to the Clearwater Comprehensive Plan, review and approval by the Florida Department of Economic Opportunity is required. As part of the state review, the proposed amendments will be transmitted to the various State agencies and Pinellas County for review prior to second reading (adoption) by City Council, which is anticipated to occur in April. Page 1 City of Clearwater Printed on 1/10/2023 1 Ordinance No. 9637-23 ORDINANCE NO. 9637-23 AN ORDINANCE OF THE CITY OF CLEARWATER (THE “CITY”), FLORIDA, AMENDING THE CITY OF CLEARWATER COMPREHENSIVE PLAN (THE “COMPREHENSIVE PLAN”) IN ACCORDANCE WITH SECTION 163.3177, FLORIDA STATUTES, BY MODIFYING THE UTILITIES ELEMENT, UPDATING PROVISIONS RELATED TO POTABLE WATER AND NATURAL GROUND WATER AQUIFER RECHARGE NEEDS BASED ON THE CITY'S 10-YEAR WATER SUPPLY FACILITIES WORK PLAN (2022-2032), COMPLETED IN ACCORDANCE WITH THE 2020 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT'S (“SWFWMD”) REGIONAL WATER SUPPLY PLAN; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City of Clearwater City Council (the “City Council”) to plan for the future development and growth, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, Section 163.3177, Florida Statutes, requires coordination of the local comprehensive plan with the water management district's regional water supply plans; and WHEREAS, the City's water supply work plan must be updated every five years within 18 months after the governing board of a water management district approves an updated regional water supply plan; and WHEREAS, on November 17, 2020, the Governing Board for SWFWMD approved the 2020 Regional Water Supply Plan; and WHEREAS, the City has completed the 10-year Water Supply Facilities Work Plan (2022- 2032); and WHEREAS, these proposed amendments and the City's 10-year Water Supply Facilities Work Plan (2022-2032) will be transmitted to the Florida Department of Economic Opportunity (DEO) for review and comments, and their objections, recommendations and comments, along with all comments from local and regional agencies, will be considered by city staff in preparing these proposed amendments, prior to adoption by the City Council; and WHEREAS, the City Council finds it necessary, desirable, and proper to amend the Comprehensive Plan in order to reflect changing conditions; and WHEREAS, at a duly noticed public meeting the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered all public testimony and has determined that this amendment is consistent with the City of Clearwater’s Comprehensive Plan and recommended that the City Council adopt this amendment; and WHEREAS, the City Council has fully considered the recommendation of the Community Development Board and testimony and evidence submitted at its public hearing; now therefore, 2 Ordinance No. 9637-23 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the Introduction to the Utilities Element of the Comprehensive Plan be amended to read as follows: * * * * * Potable Water and Natural Ground Water Aquifer Recharge Needs • Clearwater has maintained an interlocal agreement with Pinellas County since 1955 with approximately forty percent (40%) of its water supply emanating from the County. The City also maintains a water use permit issued through the Southwest Florida Water Management District (“SWFWMD”) to pump an annual average of 14.3 million gallons daily (“MGD”) from its forty-four active wellheads. According to the City’s 2021 Annual Water Report, the 2021 actual average water production from the City’s wells was approximately 6.872 MGD In 2011, the actual average pumpage from the City's wells was approximately 7.56 MGD (average through September 2015). The balance of the City's water demand is met through purchase from Pinellas County. In order to meet the City's future potable water supply needs in a fiscally responsible manner, several alternative actions must be explored and initiated both individually or in combination with other water supply source alternatives. The City's Water Supply Plan - Capital Improvements Implementation Master Plan (Oct 2004), as updated in 2008 and 2012, included projects based upon cost benefit analysis that enabled the City to increase its local production of potable water to 7.5 MGD in 2015. * * * * * • The City needs to continue to recognize potable water as a scarce resource and to continue to operate the water utility prudently in implementing both conservation and consumption objectives. According to the 2022-2032 Facilities Work Plan, the The current water consumption rate is approximately sixty-two (62)seventy-six (76) gallons/person/day, which includes both the seasonal and permanent population of Clearwater and is inclusive of both City produced water and County purchased water. * * * * * Section 2. That Objective D.5.2, Policy D.5.2.7, and Policy D.5.2.8 of the Comprehensive Plan , be amended to read as follows: D.5.2 Objective - Provide adequate quantity and quality of water service to all customers of the Clearwater service area. Current service level (May, 2017) is 45,168 customer accounts (potable, reclaimed and fire). 3 Ordinance No. 9637-23 Policies * * * * * D.5.2.7 Continue to identify, acquire, and develop sources of water supply and methods of water treatment to meet existing and future needs. Some ways this can be accomplished are through well rehabilitation projects and/or exploration and drilling of new wells. Some type of water treatment may be initiated. Additional volumes of water may be acquired from the Pinellas County Water System through Clearwater's intergovernmental water service agreement. The City's long range Water Master Plan, updated in 2012, and its 10-Year Water Supply Facilities Work Plan (2022-20322016-2026 Planning Period) shall serve as guiding documents for water supply and treatment methods. D.5.2.8 Ensure that water management projects are designed and operated to maintain and enhance natural systems, as well as manmade systems, by working closely with the Southwest Florida Water Management District when proposing new projects and water management programs. The City's long range Water Master Plan, updated in 2012 and its 10-Year Water Supply Facilities Work Plan (2022- 20322016-2026 Planning Period) outline a work plan for continued coordination with the Southwest Florida Water Management District's Regional Water Supply Plan, adopted in November 20202015. * * * * * Section 3. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 4. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the Department of Economic Opportunity notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the Department of Economic Opportunity or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Economic Opportunity. 4 Ordinance No. 9637-23 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: AGENDA ITEM: CASE: ORDINANCE NO.: REQUEST: INITIATED BY: December 20, 2022 G.1. CPA2022-10001 9637-23 Review and recommendation to the City Council of an amendment to the Clearwater Comprehensive Plan to address the city’s Potable Water Supply Facilities Work Plan (2022-2032 Planning Period). City of Clearwater, Planning and Development Department BACKGROUND: Florida’s Community Planning Act (Chapter 163, Florida Statutes (F.S.)) and Water Resources Act (Chapter 373, F.S.) establish a process for water supply planning to ensure adequate water supplies in the future. The state’s water management districts must periodically evaluate whether adequate water supplies exist to meet the needs of their areas. Water management districts must prepare regional water supply plans identifying alternative ways in which water supply needs can be met for the next 20 years. The Southwest Florida Water Management District (SWFWMD), the city’s regional district, approved its updated Regional Water Supply Plan on November 17, 2020, which includes projected water demands for the region and potential sources of water to meet these demands from 2015 to 2040. Section 163.3177, F.S., requires local governments to update their comprehensive plans, including their 10-year Water Supply Facilities Work Plans, to incorporate relevant water supply options, conservation initiatives, and updated service area projections within 18 months after the approval of the regional water supply plan. The consulting firm of McKim & Creed, Inc. was retained by the city to complete the city’s 10-year Water Supply Facilities Work Plan (2022-2032 Planning Period), which was last updated in 2016. This amendment updates the Utilities Element by modifying policies related to the Potable Water and Natural Ground Water Aquifer Recharge Needs subsection to include updated information based on the 2022 update. Community Development Board – December 20, 2022 CPA2022-10001 – Page 2 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION ANALYSIS: There are no substantial changes proposed within this amendment, which primarily incorporates updated data from the updated 10-year Water Supply Facilities Work Plan. The city’s efforts implementing various conservation and consumption measures has led to a reduced water consumption rate of 62 gallons/person/day, down from 76 gallons/person/day in 2016. The proposed amendments to the Comprehensive Plan involve updates to the following sections of the Utilities Element: 1. Introduction to the Utilities Element, Potable Water and Ground Water Aquifer Recharge Needs subsection, to include updated data and references; and 2. Objective D.5.2 and its policies to include updated data and references. STANDARDS FOR REVIEW: Pursuant to Community Development Code Section 4-603.F., no amendment to the Comprehensive Plan shall be approved unless it complies with the following standards: 1. The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. The proposed amendments to the Clearwater Comprehensive Plan are consistent with the following goals, objectives and policy in the Plan: Objective D.5.6 Continue to achieve effective coordination with other government agencies to solve problems of an extraterritorial nature with cooperation and in conjunction with the Southwest Florida Water Management District (SWFWMD). Policy D.5.6.6 The City will maintain a Water Supply Facilities Work Plan that is consistent with the Southwest Florida Water Management District’s Water Supply Plan by updating the Work Plan within 18 months of an update to the District’s Regional Supply Plan that affects the City. The proposed amendments, related to water supply planning, address the statutory requirement that the city update its Water Supply Facilities Work Plan once SWFWMD has updated its Water Supply Plan, and are consistent with the goals, objectives, and policies within the Comprehensive Plan. Community Development Board – December 20, 2022 CPA2022-10001 – Page 3 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The proposed amendments are not in conflict with other provisions of the Comprehensive Plan and bring further consistency between the goals, objectives, and policies. The proposed amendment updates several existing policies to reflect current data and/or references. 3. The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. This is not applicable to the proposed amendments as they do not relate to a specific property or properties. 4. Sufficient public facilities are available to serve the property. This is not applicable to the proposed amendments as the proposed policy changes do not relate to a specific property or properties; therefore, the adequacy of available public facilities will need to be assessed on a case-by-case basis as development proposals are received. 5. The amendment will not adversely affect the natural environment. The proposed amendments include updates to data and references for other related plans. The policies contained within the Utilities Element provide consistent and coordinated efforts for the processes and procedures for water management within the area governed by SWFWMD. 6. The amendment will not adversely impact the use of property in the immediate area. This is not applicable to the proposed amendments as they do not relate to a specific property or properties. SUMMARY AND RECOMMENDATION: The purpose of this amendment is to update the Utilities Element of the Clearwater Comprehensive Plan to include updated information based on the updated 10-year Water Supply Facilities Work Plan (2022-2032 Planning Period), and ensures consistency with the regional water supply plan as required in Section 163.3177, F.S. The proposed amendment is consistent with and will further the goals, objectives, and policies of the Clearwater Comprehensive Plan, will not result in inappropriate or incompatible uses, will not adversely affect the natural environment or impact the use of the property in the immediate area, and sufficient public facilities exist to implement the proposed amendment. Community Development Board – December 20, 2022 CPA2022-10001 – Page 4 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 9637-23 that amends the Clearwater Comprehensive Plan. Prepared by Planning and Development Department Staff: Dylan Prins Planner ATTACHMENTS: Ordinance No. 9637-23 10-year Water Supply Facilities Work Plan (2022-2032 Planning Period) Resume Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1387 Agenda Date: 1/12/2023 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve the North Greenwood Community Redevelopment Area Plan and adopt Resolution 23-01. SUMMARY: The purpose of a Community Redevelopment Plan is to address the unique needs of the targeted area and includes the overall goals for redevelopment in the area, as well as identifying specific projects.  The North Greenwood Community Redevelopment Area Plan (CRA Plan) establishes policies and strategies that guide future actions and projects of the city’s Community Redevelopment Agency. The plan includes strategies designed to promote the improvement of North Greenwood’s social and physical conditions within the future 20-year planning horizon. They are intended to minimize negative impacts of gentrification and displacement with a focus on the most vulnerable populations who are low-income people of color.  There was extensive engagement and outreach done to build consensus and provide a better understanding of community needs and the marketplace to guide development of the CRA Plan. Through the public engagement process six overriding goals were identified and the implementation strategies in the CRA Plan are organized by these goal topics, which include : Public Safety, Mobility, Poverty Reduction, Housing Availability, Quality of Life, and Invest in Youth. These implementation strategies have two primary sources of funding- Tax Increment Financing (TIF) and American Rescue Plan Act Funds (ARPA). Tax increment financing projections have been calculated for the CRA using the 2021 property tax value as the base year for the CRA; however, the intent is to base the CRA on the 2022 property tax value when it is available. TIF projections for the CRA assumed city and county millage rates would remain constant, property value would increase 3% each year, and there would be $100 million in development in the Old Bay District (accounted for in years 6-12). Based on these assumptions, it is projected that the CRA could generate approximately $30 million in tax increment over the next 20 years. Additionally, City Council approved $5 million in ARPA funding to go towards implementation of the CRA Plan. This funding must be allocated by the end of 2024 and spent by the end of 2026. People- and place-based strategies were identified and organized in the CRA Implementation Table in Chapter 4 of the CRA Plan by goal topics and include the estimated cost, funding source(s), and timeline for execution and who will lead the project or strategy. The Community Development Board (CDB), in its capacity as the Local Planning Agency, reviewed the proposed North Greenwood Community Redevelopment Area Plan at a public hearing on December 20, 2022, and unanimously recommended approval of Resolution No. Page 1 City of Clearwater Printed on 1/10/2023 File Number: ID#22-1387 23-01 to City Council. However, after the CDB meeting, the city received comments from Pinellas County staff that required changes to the CRA Plan before it is presented to the City Council. The changes include a correction to the county millage rate, which resulted in an update to Table 11 TIF Projections and Appendix C Tax Increment Projection. Appendix E TIF Expenditures was added to address several County staff comments and includes a narrative covering how the projects and strategies connect to the Finding of Necessity Study and that the city will not incur debt as a result of this CRA. Appendix E also includes tables that were created from the existing Tables 14 and 15 to show only items funded by TIF dollars and specifically identify which projects and strategies will be funded by County TIF dollars. The total projected TIF increment as well as the total proposed TIF expenditure for each year over the first ten years is included in the tables. The Community Redevelopment Agency will review the proposed North Greenwood Community Redevelopment Area Plan at a public meeting on January 9, 2023 and make a recommendation to City Council. The Council has the authority for the final decision on plan adoption. After local adoption, the CRA Plan will be transmitted to the Board of County Commissioners for their consideration, which is anticipated to take place in April or May of 2023. Page 2 City of Clearwater Printed on 1/10/2023 Resolution No. 23-01 RESOLUTION NO. 23-01 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING A COMMUNITY REDEVELOPMENT PROJECT AND REDEVELOPMENT PLAN PURSUANT TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, CHAPTER 163, PART III, FLORIDA STATUTES, TO APPLY TO THE NORTH GREENWOOD COMMUNITY REDEVLOPMENT AREA IDENTIFIED IN THE PLAN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Clearwater, by its Resolution No. 20- 52 dated October 14, 2020, declared an area of the city to be a slum or blighted area and the need for a Community Redevelopment Agency to carry out redevelopment activities in the blighted area; and WHEREAS, Resolution No. 20-52, declared the need for a Community Redevelopment Agency and authorized the preparation of a redevelopment plan for the North Greenwood Study Area; and WHEREAS, the City Council of the City of Clearwater, by its Resolution No. 81- 68 dated August 6, 1981, declared the City Council to be the Community Redevelopment Agency; and WHEREAS, Planning and Development Department staff held four public workshops to collect data and information from community members to assist with drafting the North Greenwood Community Redevelopment Area Plan (“Proposed CRA Plan”); and WHEREAS, Technical and Steering Committees were established to assist in providing information pertinent to the drafting of the Proposed CRA Plan and review of draft documents; and WHEREAS, the Proposed CRA Plan conforms to the Comprehensive Plan of the City of Clearwater as a whole; and WHEREAS, the Proposed Plan was reviewed by the Community Development Board serving as the local the Local Planning Agency at their regularly scheduled meeting on December 20, 2022, and the Community Development Board submitted its recommendations to the City Council; and WHEREAS, the Community Redevelopment Agency on January 9, 2023, voted to recommend approval of the proposed CRA Plan and transmitted it to the City Council for approval; now therefore, Resolution No. 23-01 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The North Greenwood Community Redevelopment Area Plan meets the requirements of Section 163.360, F.S. Section 2. The North Greenwood Community Redevelopment Area Plan attached hereto as Exhibit “A” is hereby adopted. Section 3. In the case of any amendments to the North Greenwood Community Redevelopment Area Plan, such amendments shall be submitted to the City of Clearwater City Council for consideration and approval. Section 4. The City Manager or designee shall forward said Plan to any agency required by law or rule to approve the same. Section 5. This resolution shall take effect immediately upon adoption, subject to the approval by the Pinellas County Board of County Commissioners. PASSED AND ADOPTED this day of , 2023. Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Community Development Board – December 20, 2022 Community Redevelopment Agency – January 9, 2023 City Council – January 12, 2023 Resolution No. 23-01 – Page 1 PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: December 20, 2022 AGENDA ITEM: G.4 RESOLUTION NO.: 23-01 REQUEST: Review and recommendation to City Council on the North Greenwood Community Redevelopment Area Plan INITIATED BY: City of Clearwater, Planning & Development Department BACKGROUND: History of North Greenwood Area The City of Clearwater was incorporated in 1915, but early African American pioneers settled in what would become North Greenwood near the railroad tracks as the Orange Belt Railroad arrived in 1888. The North Greenwood area later grew to include numerous churches and local businesses and in modern times North Greenwood is a recognized center of Clearwater’s African American culture. It grew from the earliest settlers to become a vibrant community that included housing, education, employment, and social organizations providing most of its resident’s daily needs. Residents include multigenerational families that have contributed to the community for decades. They respect the community’s past while actively seeking advancement for future generations. Community Redevelopment Area (CRA) Establishment There are three steps to create a community redevelopment area: adopting a Finding of Necessity Study, developing and adopting a Community Redevelopment Plan, and creating a Redevelopment Trust Fund. Starting in 2019, the Clearwater Urban Leadership Coalition encouraged the city and county to undertake the process of creating a community redevelopment area in North Greenwood and the city began the process by completing a Finding of Necessity Study in August of 2020. The Coalition spearheaded an intense public outreach in the fall of 2020 including radio interviews, social media campaign, presentations to local community leaders and organizations, and five virtual public information meetings that reached over 2,000 people. The outreach started the process of informing and engaging the public over the need for poverty reduction and economic and redevelopment opportunities in the North Greenwood area to address concerns raised in the Finding of Necessity Study. The Study showed that the incidence of crime in the North Greenwood area was higher than the remainder of the city and there was a greater number of violations of housing and property maintenance standards. It also found that the area, compared to the city overall, had a higher rate of poverty, a lower median household income, lower median household value, and a higher rate of households spending 35% or more of their income on housing costs. PLANNING & DEVELOPMENT DEPARTMENT North Greenwood Community Redevelopment Area Plan LONG RANGE PLANNING DIVISION Community Development Board – December 20, 2022 Community Redevelopment Agency – January 9, 2023 City Council – January 12, 2023 Resolution No. 23-01– Page 2 Based on this Study, the City Council and Board of County Commissioners agreed on and established the North Greenwood boundaries. As shown in the map on the below, the CRA is generally bounded by Sunset Point Road to the north; Kings Highway to the east; Palmetto Street, CSX Railway, and Jones Street to the south; and North Osceola Avenue, North Fort Harrison Avenue, and Clearwater Harbor to the west. The next steps in the process are the development and adoption of the Community Redevelopment Plan and the Redevelopment Trust Fund. The North Greenwood Community Redevelopment Area Plan (CRA Plan) that is being reviewed through this staff report will serve as the Community Redevelopment Plan. The Redevelopment Trust Fund will be created by ordinance through City Council and the Board of County Commissioners concurrently with the adoption of the CRA Plan. ANALYSIS: Purpose of Plan The purpose of a Community Redevelopment Plan is to address the unique needs of the targeted area and includes the overall goals for redevelopment in the area, as well as identifying specific projects. PLANNING & DEVELOPMENT DEPARTMENT North Greenwood Community Redevelopment Area Plan LONG RANGE PLANNING DIVISION Community Development Board – December 20, 2022 Community Redevelopment Agency – January 9, 2023 City Council – January 12, 2023 Resolution No. 23-01– Page 3 The North Greenwood Community Redevelopment Area Plan establishes policies and strategies that guide future actions and projects of the city’s Community Redevelopment Agency. The plan includes strategies designed to promote the improvement of North Greenwood’s social and physical conditions within the future 20-year planning horizon. They are intended to minimize negative impacts of gentrification and displacement with a focus on the most vulnerable populations who are low-income people of color. Plan Contents The North Greenwood Community Redevelopment Area Plan is divided into five chapters which are described below. Chapter 1: Introduction (pages 1-5) This chapter provides a summary of the CRA Plan, what a CRA is, navigating the contents of the plan, and an equity statement to reinforce the purpose of the plan to reduce poverty and provide policies and strategies that are designed to ensure equitable development. Chapter 2: Existing Conditions (pages 6-89) This chapter provides an overview of the history of this area, a summary of the Finding of Necessity Study, data regarding the existing conditions and demographics of the area, Pinellas County CRA funding analysis, and a summary of the community engagement efforts that shaped this plan. It closes with a summary of the major redevelopment issues that are addressed in the plan recommendations. A large portion of the CRA Plan is dedicated to Chapter 2 and it serves as the background data used to support the strategies developed for this plan. Some of the information gathered was required for the factors used to assign a score as part of the CRA Local Assessment. Public Engagement There was extensive engagement and outreach done to build consensus and provide a better understanding of community needs and the marketplace to guide development of the CRA Plan. A variety of public engagement opportunities were conducted including a website dedicated to the project, community survey, youth engagement event, faith leadership roundtable, and four in- person public workshops. In addition, Technical and Steering Committees were formed to help guide the development of the plan. The Technical Committee included members from Forward Pinellas, Pinellas County, Pinellas Suncoast Transit Authority, and various City of Clearwater departments. The Steering Committee members came from the North Greenwood community and included representatives from the Clearwater Urban Leadership Coalition, business owners, faith- based community, non-profit and community organizations, industry and development, and other neighborhood representatives. Several themes resulted from this input including a desire to focus on the revitalization of the North Martin Luther King Jr. Avenue corridor, the importance of rehabilitation of existing homes, and the need for increased connections to trails and Stevenson Creek, access to public facilities, and coordination of existing non-profit organizations. The concerns that are intertwined in each of these themes is poverty reduction and support for better health outcomes. PLANNING & DEVELOPMENT DEPARTMENT North Greenwood Community Redevelopment Area Plan LONG RANGE PLANNING DIVISION Community Development Board – December 20, 2022 Community Redevelopment Agency – January 9, 2023 City Council – January 12, 2023 Resolution No. 23-01– Page 4 Chapter 3: Vision, Goal, & Redevelopment Policies (pages 90-95) The vision for the plan was established through discussion with the Steering Committee and during one of the public engagement workshops. The vision of the CRA is: “North Greenwood will flourish as a vibrant community where social and economic equity is prioritized to eliminate poverty and enhance the quality of life for all. The success of North Greenwood will be achieved through people-based solutions, academic excellence, the improvement of existing infrastructure, and the creation of new spaces that will foster a thriving and sustainable future.” There are six overriding goals identified in this CRA Plan, which evolved through the public engagement process and are as follows: Public Safety: Strengthen relationships between residents, neighborhood organizations, and public safety providers to improve public safety. Mobility: Increase the safety of and access to active forms of transportation. Poverty Reduction: Increase access to high paying jobs for the residents of the North Greenwood CRA both within and outside the area through workforce development, business assistance programs, and support for entrepreneurs. Housing Availability: Provide safe and affordable housing options for residents at all stages of life allowing them to age in place. Quality of Life: Sustain a high quality of life through community engagement, access to recreational opportunities, celebrating the unique culture of North Greenwood, improving public health, and protecting the environment. Invest in Youth: Provide opportunities for youth in North Greenwood to live healthy and economically secure lives. The vision and goals were used to guide the development of both people- and place-based strategies to ensure the needs of the community are met. Chapter 4: Plan Implementation (pages 96-133) This chapter primarily focuses on funding projections and the specific strategies and funding sources the city, Community Redevelopment Agency, and community partners will use to achieve the CRA’s redevelopment goals. There are two primary sources of funding identified for the plan implementation – Tax Increment Financing (TIF) and American Rescue Plan Act Funds (ARPA). Tax Increment Financing (TIF) Pursuant to Chapter 163, Part II, Florida Statutes the county is authorized to approve the use of TIF in the CRA. Upon adoption of the CRA Plan and creation of the Redevelopment Trust Fund by the city, the county will consider the Plan and authorize the use of TIF funds in this new CRA. PLANNING & DEVELOPMENT DEPARTMENT North Greenwood Community Redevelopment Area Plan LONG RANGE PLANNING DIVISION Community Development Board – December 20, 2022 Community Redevelopment Agency – January 9, 2023 City Council – January 12, 2023 Resolution No. 23-01– Page 5 Tax increment financing projections have been calculated for the CRA using the 2021 property tax value as the base year for the CRA; however, the intent is to base the CRA on the 2022 property tax value when it is available. TIF projections for the CRA assumed city and county millage rates would remain constant, property value would increase 3% each year, and there would be $100 million in development in the Old Bay District (accounted for in years 6-12). Based on these assumptions, it is projected that the CRA could generate approximately $30 million in tax increment over the next 20 years. The county requires that 50% of the total TIF revenue generated be committed to three priority areas: affordable housing, economic development and employment, and mobility to receive 95% of the county tax increment. The use of TIF revenue is limited to mostly place-based strategies that are physical in nature. The CRA Implementation Table identifies strategies where TIF revenue is proposed to fund projects within the North Greenwood area. American Rescue Plan Act (ARPA) Funds The city has allocated $5 million of ARPA funding that must be allocated by the end of 2024 and spent by the end of 2026. ARPA funds are not restricted so they are prioritized for direct poverty reduction activities that may not be eligible for TIF revenue. The CRA Implementation Table also identifies strategies where the ARPA funds will be allocated. CRA Implementation Table This table identifies 58 strategies that the city will pursue to implement the CRA Plan. Some are very specific while others require study and analysis. Many city departments and divisions will have a role in implementing the Plan including Planning and Development, Economic Development and Housing, Community Redevelopment Agency, Cultural Affairs, Sustainability, Public Works, Public Utilities, Parks and Recreation, Library, Fire, and Police. The CRA Implementation Table identifies nine Capital Improvement Projects to implement the North Greenwood Community Redevelopment Area Plan. The type of projects includes sidewalk and trail improvements or connections, streetscape improvements/landscaping, parks and recreation facility improvements, improvements to reduce odor from the wastewater treatment plant, and creative placemaking opportunities. The anticipated cost of these projects totals approximately $10 million over the next 20 years with three of the project costs still yet to be determined. A list of selected strategies from the CRA Implementation Table follows: • Develop grant programs to pay for interior and exterior improvements to blighted properties; • Install additional lighting along sidewalks and trails; • Identify opportunities to increase use of existing transit services and expand transit services; PLANNING & DEVELOPMENT DEPARTMENT North Greenwood Community Redevelopment Area Plan LONG RANGE PLANNING DIVISION Community Development Board – December 20, 2022 Community Redevelopment Agency – January 9, 2023 City Council – January 12, 2023 Resolution No. 23-01– Page 6 • Hire an organization(s) to develop and implement neighborhood scale business development assistance and marketing program(s) like the Main Street model or other comprehensive programs; • Expand North Greenwood Library hours to support workforce development programming; • Provide direct rent subsidy to cost burdened households to prevent displacement; • Create a grant program to incentivize the construction of affordable housing on vacant, infill lots; • Fund programs that honor North Greenwood’s history through memorials, interpretive messaging and public art installations; • Examine all recreational facilities and determine how to increase community access for recreational use outside of standard operating hours; • Work with partners to implement and enhance workforce development and youth job readiness programs, including year-round afterschool employment; and • Support organizations that provide youth mental health and wellness programs. Chapter 5: Governance (pages 134-137) This chapter contains county and state requirements for forming community redevelopment areas, reporting requirements, and restrictions on TIF revenue expenditures as well as how the city will administer the North Greenwood CRA. The county requires that the city form a Citizens Advisory Committee (CAC) to make recommendations to the Community Redevelopment Agency Trustees on the budget, amendments to the plan, and adoption of programs. The CAC is proposed to include 5 members where 3 would be elected by voters within the North Greenwood CRA and the remaining 2 members would be appointed by City Council. Each member would receive a stipend for their time and service on this committee. Appendices A through D (pages 138-147) Legal Description (Appendix A) Based on the study area in the Finding of Necessity Study, a CRA boundary was created and is formally described in the provided legal description. CRA Local Assessment (Appendix B) Pinellas County uses 12 factors to assess a CRA to get a baseline understanding of the needs of the community and how it aligns with the three county priority areas. Using these factors, the city’s consultant VHB determined the North Greenwood CRA should receive a score of 78 points, designating it an Urban Revitalization area, making it eligible to received 95% of county TIF increment. Tax Increment Projections (Appendix C) The Tax Increment Projections table provides a year over year projection of the CRA taxable value with a standard 3% increase in value in most years and accommodating the possible $100 million in development value in years 6-12 where a range of 3% to 9.5% increase in value is projected. The table also shows the city and county tax increment contributions year over year. PLANNING & DEVELOPMENT DEPARTMENT North Greenwood Community Redevelopment Area Plan LONG RANGE PLANNING DIVISION Community Development Board – December 20, 2022 Community Redevelopment Agency – January 9, 2023 City Council – January 12, 2023 Resolution No. 23-01– Page 7 Neighborhood Impact Assessment (Appendix D) A neighborhood impact assessment is required for a redevelopment plan if the CRA contains low to moderate income housing. The statutes require that six elements be evaluated as part of the neighborhood assessment and include the following: Relocation, Traffic Circulation, Environmental Quality, Availability of Community Facilities and Services, Effect on School Population, and Other items affecting the physical and social quality of the neighborhood. The assessment found that the Plan would not have a detrimental impact on any of the above listed elements. CONSISTENCY WITH COMPREHENSIVE PLAN A selected list of goals, objectives, and policies from the Clearwater Comprehensive Plan that are furthered by the North Greenwood Community Redevelopment Area Plan: Policy A.5.4.3 North Martin Luther King, Jr. Avenue from Fairmont Street to Drew Street. The existing walkable community and livable neighborhood features should be maintained, while residential, office and institutional uses should be supported. Policy A.5.5.2 Preserve the unique qualities of Clearwater and its cultural heritage as exemplified by historic buildings, landmarks, landscapes, streetscapes, lighting, and building design. Policy A.5.6.1 Create art projects that help to shape the City’s image, strengthen civic connectivity and support neighborhood identity. Policy A.5.6.6 Encourage the incorporation of historic and current elements of Clearwater character into public art projects. Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Objective A.6.1 The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Policy A.6.1.1 Redevelopment shall be encouraged, where appropriate, by providing development incentives such as density bonuses for significant lot consolidation; catalytic projects; workforce housing projects; “missing middle housing” projects; and vertically integrated, transit supportive mixed-use development, as well as the use of transfer of developments rights pursuant to approved special area plans and redevelopment plans. Objective A.6.2 The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. PLANNING & DEVELOPMENT DEPARTMENT North Greenwood Community Redevelopment Area Plan LONG RANGE PLANNING DIVISION Community Development Board – December 20, 2022 Community Redevelopment Agency – January 9, 2023 City Council – January 12, 2023 Resolution No. 23-01– Page 8 Policy A.6.2.4 Through economic development programs, facilitate the development of abandoned, idled, brownfield or underutilized properties and buildings, bringing them back into productive use. Policy A.6.5.1 The City shall support the Pinellas Trail and examine opportunities for Trail extensions or spurs to connect regional attractions and employers. Policy A.6.8.5 Provide easy access to residential, commercial and recreational areas by providing direct routes such as trails and continuous sidewalks between destinations, in order to minimize potential conflicts between pedestrians and motor vehicles. Policy A.6.8.9 Promote a variety of transportation modes such as walking, bicycling, ride sharing and mass transit to increase transportation choices and decrease dependence on the single- occupancy automobile. Goal C.1 An affordable variety of standard housing units in decent and safe neighborhoods to meet the needs of current and future residents regardless of race, nationality, age, martial status, handicap, or religion. Objective C.1.2 Objective for Affordable Housing – The City of Clearwater shall continue to provide assistance and incentives for the development of housing that is affordable to very low-, low-, and moderate-income households, including those with special needs, consistent with the level of growth in these income categories. Objective C.1.3 Objective for Housing Conditions – The City of Clearwater shall encourage the elimination of substandard housing units through demolition, upgrades, renovation and preservation efforts. Policy C.1.3.5 Encourage ongoing maintenance through programs that foster pride in ownership and individual efforts. Objective C.1.6 Objective for Housing Conservation and Rehabilitation - Through both private and public resources, the City of Clearwater shall encourage the conservation, rehabilitation, and preservation of the existing housing stock, including historically significant housing. Policy C.1.6.2 Use Community Development Block Grant, HOME, SHIP, and any other available funds for programs and improvements throughout the City with special emphasis on North Greenwood, Lake Belleview, and East Gateway neighborhoods and such other neighborhoods as may require program attention. Policy C.1.8.4 Continue to provide assistance to qualified residents to retrofit housing in order to be barrier free and accessible. PLANNING & DEVELOPMENT DEPARTMENT North Greenwood Community Redevelopment Area Plan LONG RANGE PLANNING DIVISION Community Development Board – December 20, 2022 Community Redevelopment Agency – January 9, 2023 City Council – January 12, 2023 Resolution No. 23-01– Page 9 The North Greenwood Community Redevelopment Area Plan is consistent with the Clearwater Comprehensive Plan as evidenced by the numerous goals, objectives, and policies identified above. The CRA Plan establishes objectives and strategies to ensure neighborhood and corridor preservation, promote redevelopment of blighted areas, protect historic resources, connect neighborhoods to sidewalks and trails, include public art, provide incentives for affordable housing, encourage infill development, and support programs to promote homeownership, rehabilitation, and retention. SUMMARY AND RECOMMENDATION: The proposed North Greenwood Community Redevelopment Area Plan is consistent with the Comprehensive Plan. It provides goals, objectives, and policies to guide redevelopment and city actions. It provides a neighborhood impact assessment to meet the requirements of Florida Community Redevelopment Act. Furthermore, it provides TIF projections and a CRA Implementation Table that outlines the schedule and investment in public strategies. The Planning and Development Department recommends APPROVAL of Resolution No. 23-01, that adopts the North Greenwood Community Redevelopment Area Plan. Prepared by Planning and Development Department Staff: ________________________ Jayme Lopko, AICP Long Range Planning Manager ATTACHMENTS: North Greenwood Community Redevelopment Area Plan Proposed Resolution No. 23-01 Resume Adopted: Month, Day, 2023; Ordinance xxxx-23 Amended Page i Acknowledgments Clearwater City CouncilMayor Frank HibbardVice-Mayor Kathleen BeckmanMark BunkerDavid AllbrittonLina Teixeira Clearwater City AdministrationJon Jennings, City ManagerMichael L. Delk, AICP, Assistant City ManagerJennifer Poirrier, Assistant City ManagerMicah Maxwell, Assistant City Manager Clearwater Planning & DevelopmentGina L. Clayton, DirectorLauren Matzke, AICP, Assistant DirectorJayme Lopko, AICP, Long Range Planning ManagerKyle Brotherton, Senior PlannerDylan Prins, PlannerTammy Vrana, AICP, Vrana Consulting, Inc. Clearwater Economic Development and HousingDenise Sanderson, DirectorChuck Lane, Assistant Director Clearwater Community Redevelopment AgencyAmanda Thompson Jaquez, AICP, DirectorMatt Jackson, Assistant Director Consultant TeamVHBAriel Business GroupGoodwyn Mills CawoodMichael M. English, AICP North Greenwood Steering CommitteeMuhammad Abdur-Rahim, Clearwater Urban Leadership CoalitionJoyce Aldridge, Clearwater Neighborhood Housing ServicesBrian Andrus, Property Owner/Developer, Old Bay Gloria Campbell, Clearwater Urban Leadership CoalitionKimberly Crawford, Willa Carson CenterChelsea Marie Gird, Plaza Park NeighborhoodDavid Habib, Yo Mama’s FoodsJai Hinson, Clearwater Urban Leadership CoalitionAshley Lowery, Homeless Emergency Project (HEP)Marilyn Turman, Clearwater Urban Leadership CoalitionHoward Warshauer, Clearwater Garden ClubPastor Williams, Mt. Olive Church North Greenwood Technical TeamOmar Atallah, Clearwater Traffic EngineeringShaun Beasley, Clearwater Parks & Recreation Rodney Chatman, Forward PinellasGreg Dixon, Clearwater Planning & Development Code ComplianceMichael Fuino, Clearwater Assistant City AttorneyBryant Johnson, Clearwater Solid Waste Evan Johnson, Pinellas County Housing & Community DevelopmentRoger Johnson, Clearwater Stormwater EngineeringBob Lasher, Pinellas Suncoast Transit AuthorityRobert Napper, Clearwater Public CommunicationsJay Ravins, Clearwater FinanceHeather Sobush, Pinellas Suncoast Transit Authority Page ii Table of Contents 1. Introduction .....................................................................11.1 Plan Summary .............................................................................21.2 What is a Community Redevelopment Area (CRA)? ....21.3 Navigating this Plan .................................................................41.4 Equity Statement .......................................................................4 2. Existing Conditions .......................................................72.1 Community Context & History ............................................82.2 Finding of Necessity Study ....................................................92.3 Establishment of CRA Boundaries ......................................92.4 Pinellas County CRA Score ..................................................112.5 Existing Conditions by Planning Category ....................112.6 Public Engagement and Outreach ....................................792.7 Existing Conditions Summary.............................................87 3. Vision, Goals, & Redevelopment Policies ...............913.1 Vision ..........................................................................................923.2 Goals & Objectives ................................................................933.3 Redevelopment Policies ......................................................94 4. Plan Implementation ..................................................974.1 Overview .....................................................................................984.2 TIF Projections ..........................................................................984.3 Funding Recommendations .............................................1014.4 Diagrammatic Plan & Area Descriptions ....................1024.5 Plan Implementation ..........................................................132 5. Governance ..................................................................1515.1 Overview ..................................................................................1525.2 State Requirements .............................................................1525.3 Pinellas County Requirements ........................................1525.4 City CRA Administration ....................................................1535.5 Citizens Advisory Committee ..........................................153 Appendices ......................................................................155Appendix A ....................................................................................156Appendix B .....................................................................................157Appendix C ....................................................................................160Appendix D ....................................................................................162Appendix E .....................................................................................164 Page iii List of Figures Figure 1 Finding of Necessity Subareas ...............................................3Figure 2 Location of the Old Bay District within the North Greenwood CRA ..........................................................................5Figure 3 CRA Boundaries ........................................................................10Figure 4 Race and Ethnicity Chart .......................................................12Figure 5 North Greenwood Population Pyramid ..........................12Figure 6 Distribution of Household Income Ranges ...................13Figure 7 Comparison of Median Incomes .......................................13Figure 8 Number of Housing Units ....................................................15Figure 9 Vehicle Ownership by Household Type ..........................16Figure 10 Year Structure Built ..................................................................18Figure 11 Where Employees Live and Work ......................................19Figure 12 Workers by Age ........................................................................19Figure 13 Workers by Income .................................................................20Figure 14 Percentage of Workers per Industry .................................20Figure 15 Combined Health Risk ...........................................................24Figure 16 Parks and Recreation Facility Locations ..........................26Figure 17 Cultural, Community, and Historic Places ......................33Figure 18 Churches and Church-Owned Properties .......................34Figure 19 North Martin Luther King, Jr. Avenue Corridor ............36Figure 20 Potential Redevelopment Properties ...............................37Figure 21 North Fort Harrison Avenue Corridor ..............................38Figure 22 North Betty Lane Corridor ....................................................39Figure 23 Industrial District ......................................................................40Figure 24 Unincorporated Enclaves ......................................................42Figure 25 Existing Land Use .....................................................................43Figure 26 Future Land Use .......................................................................45Figure 27 Zoning Districts ........................................................................47Figure 28 Vacant Properties .....................................................................49Figure 29 Property Acreage by Tax-Exempt Status .........................51Figure 30 Public and Semi-Public Properties ....................................52Figure 31 Taxable Property Value ..........................................................53Figure 32 Coastal High Hazard Area and Coastal Storm Area ...56Figure 33 FEMA Flood Zones ..................................................................57 Figure 34 Wetlands .....................................................................................59Figure 35 Roadway Jurisdiction ..............................................................61Figure 36 Functional Classification ........................................................63Figure 37 Bicycle and Pedestrian Facilities .........................................64Figure 38 PSTA Routes and Stops ..........................................................66Figure 39 Stormwater Infrastructure ....................................................68Figure 40 Sanitary Sewer Infrastructure ..............................................69Figure 41 Potable Water Infrastructure ...............................................70Figure 42 Reclaimed Water Infrastructure ..........................................71Figure 43 Natural Gas Infrastructure ....................................................72Figure 44 Non-Violent Crime by Type and Year ..............................73Figure 45 Violent Crime by Type and Year .........................................73Figure 46 Crime Incident Trends by Year ............................................74Figure 47 Crime Hotspots .........................................................................75Figure 48 Top Five Code Violation Categories .................................77Figure 49 Top Five Structural Violation Categories .........................77Figure 50 Code Enforcement Hotspots ...............................................78Figure 51 What amenities do you want most in the neighborhood? .........................................................................84Figure 52 What type of housing units are most needed? ...........84Figure 53 What recreational uses should be along Stevenson Creek? ...........................................................................................84Figure 54 What are the biggest challenges facing North Greenwood? ...............................................................................84Figure 55 Infill Residential Development ............................................86Figure 56 Diagrammatic Plan ................................................................103Figure 57 Emphasis Area A Zoning .....................................................105Figure 58 Emphasis Area B Zoning .....................................................107Figure 59 Emphasis Area C Zoning .....................................................108Figure 60 Emphasis Area D Zoning .....................................................109Figure 61 Emphasis Area E Zoning .....................................................111Figure 62 Emphasis Area F Zoning ......................................................112Figure 63 Emphasis Area G Zoning .....................................................113Figure 64 Emphasis Area H Zoning.....................................................115Figure 65 Emphasis Area I Zoning .......................................................117 Page iv List of Tables Table 1 Indicators of Blight Conditions ..............................................9Table 2 Housing Cost Burden by Tenure Type .............................14Table 3 Median Building Age ..............................................................17Table 4 Health Conditions by Geography ......................................23Table 5 Existing Land Use by Acres and Percentage..................41Table 6 Future Land Use by Acres and Percentage ....................44Table 7 Zoning District by Acres and Percentage .......................46Table 8 Summary of Major Roads .....................................................60Table 9 Study Area Fire/EMS Call Rate ............................................76Table 10 Study Area Fire/EMS Calls Proportional Allocation ....76Table 11 TIF Projections .........................................................................100Table 12 Recommended TIF Expenditures .....................................101Table 13 Recommended ARPA Expenditures ................................101Table 14 Emphasis Area Recommendations ..................................120Table 15 CRA Implementation Table ................................................132Table 16 CRA Emphasis Area TIF Expenditures by Year ............165Table 17 First Five Years of TIF Expenditures, Capital Improvements and Goals ...................................................170Table 18 Years 6-10 of TIF Expenditures, Capital Improvements and Goals ..................................................................................177 Page v Page intentionally left blank 1. Introduction 1.1 Plan Summary | 1.2 What is a Community Redevelopment Area (CRA)?1.3 Navigating this Plan | 1.4 Equity Statement Page 2 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan 1.1 Plan Summary The North Greenwood Community Redevelopment Area Plan (CRA Plan) is created to assist residents, property owners, organizations, and officials in identifying and implementing solutions to underlying social and physical conditions that have affected the physical health and economic mobility of the neighborhood for decades. North Greenwood is located north of Downtown Clearwater and is home to over 6,600 residents. It is recognized as a center of African American culture and history in Pinellas County. Its development pattern is similar to many Clearwater neighborhoods developed in the post-World War II (WWII) era. It has a gridded street network with small single-family residences, limited retail uses, and most employment is outside the neighborhood. It has numerous churches and other community assets important to its sense of place. However, as one of the five identified “at-risk zones” in Pinellas County, it experiences a higher and sustained poverty rate than the remainder of the county. It continues to be affected by the associated social impacts, including higher crime rates, lower business opportunities, lower education attainment, increased rates of chronic disease, and a lack of safe and affordable housing. This plan is a direct result of the leadership efforts of the Clearwater Urban Leadership Coalition who encouraged the city and county to undertake the process of creating a community redevelopment area. Extensive community engagement has continued to shape the CRA Plan. It includes implementation strategies designed to promote the improvement of North Greenwood’s social and physical conditions within the future 20-year planning horizon. The neighborhood benefits from many physical assets (e.g., recreational facilities, library, schools, infrastructure, etc.) created through past public investments. The CRA Plan recognizes the community's desire to leverage its physical assets to improve social conditions through financial investment in programming and coordination among service providers. 1.2 What is a Community Redevelopment Area (CRA)? The state created community redevelopment areas in 1969 to provide local governments with a tool to direct tax revenue in a defined geographic area towards addressing blight, inadequate public infrastructure, brownfields, and vacancy to incentivize redevelopment by the private sector. Local governments have evolved CRAs to use them as a planning and coordination mechanism to blend people- and place-based approaches to improve economic mobility and provide affordable housing. This plan recognizes that the state and county have different restrictions on how tax increment revenues may be used and those are noted in the implementation section of the plan. To establish a new CRA, the city must comply with provisions of Chapter 163.330, Florida Statutes, and the newly established Pinellas County Ordinance 21-48, which provides additional local guidance. The Florida Redevelopment Association summarizes the steps to create a CRA as follows: 1. Adopt the Finding of Necessity Study. This will formally identify the blight conditions within the targeted area and establish the area boundary.2. Develop and adopt the Community Redevelopment Plan. The plan addresses the unique needs of the targeted area and includes the overall goals for redevelopment in the area, as well as identifying specific projects.3. Create a Redevelopment Trust Fund. Establishment of the trust fund enables the Community Redevelopment Agency to direct the increase in real property tax revenues back into the targeted area. The first step was completing a Finding of Necessity Study. The city’s August 2020 Finding of Necessity Study identified blighted area conditions and established the need for redevelopment. As shown in Figure 1, the study analyzed six subareas within a larger North Greenwood area. Only five of the subareas, those hatched in Figure 1, met the statutory qualifications to be included within the CRA. Three were ultimately recommended to be included in the 840.77-acre CRA Plan’s limits, and are the North Greenwood Core (green), North Fort Adopted xx.xx.2023 | Page 3 Introduction Harrison/Osceola (purple), and Downtown (blue). A total of 40.59-acres of the CRA Plan’s geography is located within the unincorporated limits of the county, and the city may grant property owners future voluntary annexations. The next step is the creation of this CRA Plan that further documents existing conditions and community preferences and establishes a vision, goals, and strategies to address the blighted area conditions. Once it is approved by both the city and county, a companion CRA trust fund will be established by an agreement with all three parties as a funding mechanism for future CRA projects. The trust fund establishes a “base year” that sets a floor of taxable value for the CRA. As the total taxable value of the area increases, the increased value exceeding the base year, or the increment, is allocated to the trust fund. The Tax Increment Financing (TIF) is this increased value above the base year. Revenues are allocated to the trust fund on an annual basis as part of the city’s budget. TIF revenues must be spent on projects that reduce blight as defined by Florida Statutes. In addition to the future TIF revenues, the city has allocated $5 million of its 2021 American Rescue Plan Act (ARPA) funding towards implementation of the North Greenwood CRA Plan. Since the increase in taxable value grows slowly over time, the ARPA funding will allow plan implementation to begin in the first year. TIF Creation TIF TerminationAssessed Value (AV)Base Value = Value Taxable by city & county@ TIF Creation - Remains for TIF Duration IncrementValue Used to PayProject Costs NEW PostProject AVIncreasedTaxable ValueReturned tocity & county How Does a TIF Work? Drew St Overlea St N MLK Jr AveJones St Eldridge StNOsceolaAveN Myrtle AveUnion St Sunset Point Rd Palmetto St Kings HwyN Betty LnN Highland AveDowntown Non Low-Mod Area North Fort Harrison/Osceola North Greenwood Core North Greenwood Extension North Osceola Figure 1 Finding of Necessity Subareas Page 4 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan 1.3 Navigating this Plan This North Greenwood Community Redevelopment Area Plan is a requirement in the CRA establishment process put forth in Chapter 163 Part III of the Florida Statutes. It will serve as the guiding document for city staff, residents, developers, and partner organizations who will participate in the redevelopment of this area. It may be amended in the future to reflect changing conditions or community desires by the City Council upon recommendation of the Community Redevelopment Agency Trustees. The CRA Plan was created, recognizing the existing contributing conditions contained within the adopted Finding of Necessity Study and through the completion of additional planning assessments. It was produced in a collaborative approach between residents, businesses, community organizations, city staff, and dedicated community members. Participants at a Community Workshop Chapter 2 Existing Conditions provides an overview of the history of this area, summary of the Finding of Necessity Study, population and environmental data, Pinellas County CRA funding analysis, and summary of the community engagement efforts that shaped this plan. It closes witha summary of the major redevelopment issues that will be addressed in the plan recommendations. Chapter 3 Vision, Goals and Redevelopment Policies includes the adopted vision for the redevelopment of the North Greenwood CRA and redevelopment goals and policies that will guide plan implementation. Chapter 4 Plan Implementation includes the specific strategies and funding sources that the city, Community Redevelopment Agency staff, and community partners will use to achieve the CRA’s redevelopment goals. Chapter 5 Governance summarizes state and county requirements for CRA administration. It outlines how the city will administer CRA operations, plan implementation, plan revisions, and ongoing community engagement. This plan includes several appendices that fulfill state and county legal requirements including the legal description of the CRA area, the Pinellas County CRA scoring criteria, the statement of neighborhood impact, and TIF expenditures. 1.4 Equity Statement Ensuring Equitable Development The defined legislative purpose of a community redevelopment area in Florida is to reduce blight, vacancy, and restore the functioning of a private market. CRAs are sustained by tax increment funds that are generated through increased property taxes from new development or increasing property values. They are a financial tool that depends on changing the physical character of a neighborhood to increase property values. In short, everything the city does to improve the appearance and quality of life in this area will result in an increase in property values which can have positive and negative impacts on current residents. Adopted xx.xx.2023 | Page 5 Introduction PolicyLink (www.policylink.org) is a national non-profit organization that has studied community redevelopment extensively. They define gentrification as, “the process by which higher income households displace lower income residents of a neighborhood, changing the essential character and flavor of that neighborhood.” They define equitable development as, “the creation and maintenance of economically and socially diverse communities that are stable over the long term, through means that generate a minimum of transition costs that fall unfairly on lower income residents.” Typically, as property values and property taxes increase, the increased costs are passed along to renters and property owners in the form of increased rent and increased property taxes for both residential and commercial properties. These increased costs are transition costs that disproportionately impact lower income residents. Low-income renters are most likely to be displaced because property owners have a strong financial incentive to sell their property for development once the property value exceeds the market rental rate. As part of the planning process, the residents of North Greenwood have repeatedly shared their primary goal of reducing poverty and concerns of gentrification and displacement if the redevelopment of the community is not conducted in a thoughtful manner. These concerns are valid. Even without the creation of a CRA, this area is likely to gentrify over the next ten years. It contains all the amenities of walkability, proximity to the water, affordable single-family lots, and proximity to public areas like the Seminole Boat Ramp and Coachman Park found in desirable urban neighborhoods. As the Old Bay District, shown in Figure 2, and North Martin Luther King, Jr. Avenue commercial corridor develops it will increase the neighborhood’s desirability. Currently, over half of the residents in the CRA are renters and 57% of those renters are cost burdened (meaning spending more than 30% of their household income on housing). Almost 40% of owner-occupied properties are cost burdened. Even small changes in property values could cause displacement of current residents. The policies and recommended strategies in this plan are designed to ensure equitable development. They are intended to minimize the negative impacts of gentrification and displacement with a focus on the most vulnerable populations who are low-income, people of color. Eldridge St Jones StNOsceolaAve N Myrtle AveOld Bay District North Greenwood CRA Seminole Boat Ramp Figure 2 Location of the Old Bay District within the North Greenwood CRA 2. Existing Conditions 2.1 Community Context & History | 2.2 Finding of Necessity Study | 2.3 Establishment of CRA Boundaries2.4 Pinellas County CRA Score | 2.5 Existing Conditions by Planning Category2.6 Public Engagement and Outreach | 2.7 Existing Conditions Summary Page 8 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Source: Black America Series, Clearwater, Florida, Arcadia Publishing, 2002 Suncoast Barbers Association Luncheon, 1957 2.1 Community Context & History The North Greenwood CRA is located in northwestern Clearwater, consisting of 840.77 acres directly north of Downtown. The neighborhood is primarily residential, with some commercial, institutional, and recreational uses. The community has a rich and long history that stretches from some of the city’s earliest moments. Clearwater’s settlement originated with the establishment of Fort Harrison in 1841 near Druid Road in what is now the Harbor Oaks Subdivision. More than 1,300 settlers came after the Second Seminole Indian War, with the United States government issuance of 160 acres to any man 18 or older who would bear arms and cultivate the land. The Orange Belt Railroad arrived in 1888. Early African American pioneers settled near the railroad tracks in the North Greenwood area. The City of Clearwater was incorporated in 1915, and Downtown land occupation expanded substantially in the post-WWII settlements. The North Greenwood area grew to include numerous churches and local businesses. A large percentage of housing units in North Greenwood were constructed in the post-WWII period, and as such, the area contains a significant number of aging structures. North Greenwood is a recognized center of Clearwater’s African American culture. It grew from the earliest settlers to become a vibrant community that included housing, education, employment, and social organizations providing most of its resident’s daily needs. Residents include multi-generational families that have contributed to the community for decades. They respect the community’s past while actively seeking advancement for future generations. In order to increase the quality of life and appeal of the neighborhood, city efforts removed deteriorating housing units that have left many vacant properties needing redevelopment. Contributing to the vacancy and underutilization of properties is the effect that past public roadway widening improvements along portions of North Fort Harrison Avenue and North Myrtle Avenue in the 1990-2000s have had in reducing front yard commercial parcel depths and parking spaces. Furthermore, the high amount of private vacant, publicly owned, and other tax-exempt (e.g., churches, community use, not-for-profits, etc.) properties have resulted in reduced tax generation in the CRA Plan area. Adopted xx.xx.2023 | Page 9 Existing Conditions 2.2 Finding of Necessity Study The Finding of Necessity Study is used to determine the appropriate CRA boundaries and if there are enough blighting factors within those boundaries to warrant establishing a redevelopment area. The Finding of Necessity Study completed in August 2020 showed that the incidence of crime in the area was higher than the remainder of the city and there was a greater number of violations of housing and property maintenance standards. It also found that the area, compared to the city overall, had a higher rate of poverty, a lower median household income, lower median household value, and a higher rate of households spending 35% or more of their income on housing costs. Table 1 shows the indicators of blight in the planning area. Chapter 4 Plan Implementation identifies how the city will address the blight factors. Indicator Unified Study Area Citywide Poverty 29%16% Median Household Income $34,540 $47,070 Median Household Value $159,100 $191,600 Housing Vacancy 18%19.7% Affordable Constrained Housing Payments (Owner)44%27% Substandard Housing Conditions 3.7%2.8% Overcrowded Housing Conditions 0.3%1.4% Crime (Incidents per 1,000 population)100.5 52.9 Fire/EMS (Calls per 1,000 population)285.7 211.2 Code Enforcement (Percent of All Cases)18.7% in 4.4% of Total City Area Taxable Property Value Growth 43%37% Table 1 Indicators of Blight Conditions 2.3 Establishment of CRA Boundaries Based on the unified study area in the Finding of Necessity Study, the CRA was established as shown in Figure 3. Generally, the CRA is bounded by Sunset Point Road to the north; Kings Highway to the east; Palmetto Street, CSX Railway, and Jones Street to the south; and North Osceola Avenue, North Fort Harrison Avenue, and Clearwater Harbor to the west. The boundaries are described formally in Appendix A - Legal Description. All plan recommendations must be implemented in or benefit residents and businesses located in this defined area. Big Jim's BBQ Page 10 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Figure 3 CRA Boundaries Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnNorth Greenwood CRA Pinellas Trail CSX Rail Line Adopted xx.xx.2023 | Page 11 Existing Conditions 2.4 Pinellas County CRA Score In 2021, Pinellas County adopted new regulations and funding guidance for the creation of community redevelopment areas in the county. The full policy and scoring methodology are contained in Appendix B - CRA Local Assessment. The county priorities for TIF expenditures are based upon the county’s comprehensive plan, strategic plan, and other policy initiatives that have been approved by the Board of County Commissioners. Three priority areas have been identified and are described below. • Affordable Housing: Create, preserve, or improve income-restricted affordable housing units and prevent displacement• Economic Development & Employment: Increase quality employment opportunities, particularly in the county target industries• Mobility: Improve transit, walking, and biking options and access to transit If this CRA plan is approved by the county, they will establish a category and accompanying TIF funding level. The county will also establish baseline performance measures and require a review of the CRA’s progress at the ten-year mark (2033). There are 12 factors across five categories used to assess the CRA. Using the assessment, the North Greenwood CRA meets the “Urban Revitalization” designation with a score of 78 points. The county defines urban revitalization areas as those that are most economically distressed, where poverty is endemic, and where other programs, such as Community Development Block Grants (CDBG), have targeted funding. This designation qualifies it to receive a 20-year redevelopment period and up to 95% of the county generated TIF revenue as long as 50% of total TIF revenues are dedicated in the county’s priority areas. 2.5 Existing Conditions by Planning Category Population and Demographics Demographic Analysis Methodology Data in this section is sourced from the American Community Survey (ACS) 2020 5-Year Estimates unless otherwise stated. This ACS data is aggregated by Census Block Groups or Census Tracts that do not align precisely with the CRA boundaries. A total of six Census Block Groups overlap the boundaries. Four of these Block Groups fall entirely within the CRA, one is 25.54% in the CRA, and one is about 10% within the CRA. The overlapping portions of these partial block groups were referenced against total households Census data and housing unit data from the Pinellas County Property Appraiser’s Office (PCPAO) to calculate an adjustment factor used to weight the data from the areas. Because certain census datasets are not available at the block group level, a similar adjustment was applied to Census Tracts where necessary.Information provided by the PCPAO is available on a parcel level and therefore is aligned to CRA boundaries. Socioeconomic Information Current Population The CRA has an estimated population of 6,619 people which is approximately 4.8% of the City of Clearwater’s total population. 1,814 people, or 27% of the CRA population, are aged 18 and younger. Page 12 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Population Trends Based on Decennial Census data, the population of the CRA increased from 6,188 to 6,955 between 2000 and 2010 and decreased from 6,955 to 6,462 between 2010 to 2020. It is unclear why the population declined during this time. Race and Ethnicity Residents of the North Greenwood CRA are a majority Black/African American. The North Greenwood area is approximately 57% Black/African American, 27% white (non-Hispanic), 8% Hispanic or Latino, 7% multi-racial, and 1% Asian. Based on Decennial Census data from 2020, 2010, and 2000, the share of both Black and white residents has been slowly decreasing while the share of Hispanic or Latino and multi-racial has been slowly increasing. Age Distribution The age distribution of male and female residents within the CRA boundaries indicated a diverse range of age groups. The community is not facing a ‘population bubble’ as many communities throughout the state, where a large portion of the community is entering retirement age simultaneously. This distribution indicates a robust community where individuals of all ages can fill various community roles (e.g., students, parents, workers, mentors, and community leaders). The age distribution reinforces the importance of needs communicated by the community through this planning process: youth activities, education, job development, and the ability to age in place. Figure 4 Race and Ethnicity Chart Figure 5 North Greenwood Population Pyramid 0 5,000 5,500 6,500 6,000 7,000 6,188 6,955 6,462 20002010 2020 Population trends Black/African American White (non-Hispanic) Hispanic or Latino (Any Race) Multi-Racial Asian 57%27% 8%7% 1% 0% 1% 2% 3% 4% 5% 6%6% 5% 4% 3% 2% 1% 85 and Over 80 to 84 75 to 79 65 to 69 70 to 74 60 to 64 55 to 59 45 to 49 25 to 29 20 to 24 15 to 19 30 to 34 35 to 39 40 to 44 50 to 54 10 to 14 5 to 9 Under 5 Male Female 0 5,000 5,500 6,500 6,000 7,000 6,188 6,955 6,462 2000 2010 2020 Population trends Black/African American White (non-Hispanic) Hispanic or Latino (Any Race) Multi-Racial Asian 57%27% 8%7% 1% 0% 1% 2% 3% 4% 5% 6%6% 5% 4% 3% 2% 1% 85 and Over 80 to 84 75 to 79 65 to 69 70 to 74 60 to 64 55 to 59 45 to 49 25 to 29 20 to 24 15 to 19 30 to 34 35 to 39 40 to 44 50 to 54 10 to 14 5 to 9 Under 5 Male Female Adopted xx.xx.2023 | Page 13 Existing Conditions 0 50 100 150 200 250 300150k to 199.9k125k to 149.9k100k to 124.9k75k to 99.9k60k to 74.9k50k to 59.9k45k to 49.9k40k to 44.9k35k to 39.9k30k to 34.9k25k to 29.9k20k to 24.9k15k to 19.9k10k to 14.9kLess than 10kMore than 200kHousehold income ranges 0 $20k $40k $60k All Households Owner Occupied Renter Occupied North Greenwood CRA City of Clearwater Pinellas County Florida$35,277$50,335$56,419$57,703$51,026$62,457$67,097$69,195$27,129$37,805$42,066$41,6450 50 100 150 200 250 300150k to 199.9k125k to 149.9k100k to 124.9k75k to 99.9k60k to 74.9k50k to 59.9k45k to 49.9k40k to 44.9k35k to 39.9k30k to 34.9k25k to 29.9k20k to 24.9k15k to 19.9k10k to 14.9kLess than 10kMore than 200kHousehold income ranges 0 $20k $40k $60k All Households Owner Occupied Renter Occupied North Greenwood CRA City of Clearwater Pinellas County Florida$35,277$50,335$56,419$57,703$51,026$62,457$67,097$69,195$27,129$37,805$42,066$41,645Households Below Poverty Level Approximately 27.3% of households within the CRA are below the poverty level, compared to 13.4% of households in the city and 11% of households in the United States. The Census Bureau calculates poverty status based on the before-tax income of all persons living in a household compared to a poverty threshold determined by the number of individuals living in the household. In 2021, the poverty threshold for one person was $13,788, for three people was $21,559 and for five people was $32,865. Median Annual Income The weighted median annual household income for the CRA Plan area is $35,277. The distribution of households in specific income ranges is shown in Figure 6. This illustrates that a significant share of households live on little income, but a range of household incomes is common in the CRA. The median annual income for owner-occupied households is $51,026 and $27,129 for renters. These income numbers are shown in Figure 7 for the CRA, city, county, and state. The median income of the CRA is about 30% lower than the city and 39% lower than the state. The median income of owner-occupied households within the CRA is 18% lower than the city and 26% lower than the state. Renters and Owners Approximately 35% of all residential properties in the CRA are owner-occupied, according to Homestead Exemption data published by PCPAO. When looking at only single-family residential units, about 47% are owner-occupied. This indicates that about 65% of all residential units and 53% of single-family residential units in the CRA are renter-occupied. Providing programs to prevent displacement of renters and pathways for building equity will be important for this CRA to ensure equitable redevelopment. Figure 6 Distribution of Household Income Ranges Figure 7 Comparison of Median Incomes Page 14 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Housing and Neighborhood Housing Housing Units and Typology Pinellas County Property Appraiser data shows that the CRA contains 2,433 housing units. The distribution of units consists of approximately: • 70% single-family units• 17% units within multifamily buildings that are less than 4-stories• 12% units within duplexes, triplexes, or quadplexes• About 1% units within multifamily buildings greater than 4-stories With an estimated CRA population of 6,619, the area has an average household size of approximately 2.42 people per household. As shown in Figure 8, a significant majority of the CRA is single-family units; therefore, funds for building rehabilitation, rental assistance, and affordable housing would be focused on this housing type. Home Values The median home value for owner-occupied homes in the CRA is $219,000, which is slightly less than the city’s median home value of $225,600 and on par with the county’s value of $219,800. These numbers do not reflect the historic housing price increases seen since 2020. Increased home values can both prevent and support displacement of current residents. Property owners can use increased home value to obtain home equity loans to make improvements to their property to stay in their home. They may sell their home and realize a significant financial gain that enables them to purchase a new living unit without a mortgage. However, increased home values typically lead to increased property taxes that a property owner cannot afford causing them to sell or passing the costs onto a tenant that forces the tenant to move. The ability of a property owner or renter to absorb increased costs depends on their current cost burden which is discussed in the next section. Cost Burden The US Department of Housing and Urban Development (HUD) defines cost-burdened households as those “who pay more than 30 percent of their income for housing.” HUD includes mortgage and rent payments as well as other expenses such as utilities, taxes, maintenance fees, and insurance in this cost. ACS 2020 estimates for housing costs show that just under 40% of owner-occupied households in the North Greenwood CRA are cost-burdened. Cost burden increases significantly when an owner has a mortgage. Owning a home without a mortgage decreases the likelihood of being cost burdened, compared to owners and renters where over 50% are cost burdened as shown in Table 2. Renters in North Greenwood are particularly vulnerable to displacement due to increased housing costs. As noted earlier, 65% of all residential units are renter-occupied and 57% of those renters are cost burdened. `Total Burdened Households Percent Burdened Owner-Occupied with Mortgage 700 358 51.14% Owner-Occupied with No Mortgage 418 63 15.07% All Owner-Occupied 1,118 421 37.66% Non-Owner-Occupied 1,315 750 57.03%Source: 2020 ACS 5-Year Estimates Table 2 Housing Cost Burden by Tenure Type Adopted xx.xx.2023 | Page 15 Existing Conditions Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnVacant 1 2 - 5 6 - 10 11 - 25 26 - 180 North Greenwood CRA Figure 8 Number of Housing Units Page 16 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Car Ownership The employment data discussed later in this section shows that the majority of North Greenwood residents work in jobs outside of the neighborhood. Jobs are primarily in industries that require physical presence and do not accommodate remote work. These residents rely on public or private transportation to travel to their jobs. Figure 9 shows the vehicle ownership rates for owner-occupied, renter-occupied, and all households in North Greenwood. Of 2,433 households, 16.6% do not have a vehicle available, 39.3% have one vehicle available and 36.1% have two vehicles available. When separating owner- versus renter-occupied households, the percentage of renters with no vehicle available jumps to 26.6% while owners is lower at 4.8%. In owner-occupied households, 37.0% only have one vehicle available and for renters the number is slightly higher at 41.4%. This is an indicator that many of the residents are vulnerable to missing work or unable to access high paying jobs because they are transit dependent. The majority of renters are cost burdened which results in low or no savings and in a one car household this often results in increased debt to address unexpected expenses like flat tires and increased gas prices that are necessary to maintain transportation to work. Over time the debt increases while wages remain stagnant and keeps residents in poverty. This data underscores the importance of providing jobs, childcare, health care, and educational and training opportunities within the CRA so residents can walk or bicycle to access them. Figure 9 Vehicle Ownership by Household Type No Vehicle Available 1 Vehicle Available 2 Vehicles Available 3 Vehicles Available 4 Vehicles Available 5+ Vehicles Available 26.6% 41.4% 29.0% 1.5% 1.6% 4.8% 37.0% 44.5% 10.3% 2.9% 0.5% 0 10% 20% 30% 40% 50%All householdsOwner-OccupiedRenter-Occupied16.6% 39.3% 36.1% 5.5% 2.2% 0.3% Adopted xx.xx.2023 | Page 17 Existing Conditions Building Type Median Age All Structures 68 Single-Family 68 Multifamily 71 Commercial 62 Industrial 57 Other 50Source: Pinellas County Property Appraiser Table 3 Median Building Age Building Age The Pinellas County Property Appraiser identifies building age as the actual year the structure was first built, according to building permit information. Figure 10 shows the year built of a structure for each property. The median structure in the CRA was constructed nearly seven decades ago and as structures age, an increasing level of investment is required to maintain livability, usability, and curb appeal. This reinforces the need for assistance to property and home owners for maintenance and repairs. Because the majority of residential units are occupied by renters (65%) any grant programs should be designed to incentivize property owners to renovate their rental properties and to maintain the current lease rate to prevent displacement of existing tenants. Former Springtime Elks Lodge Page 18 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty Ln1900 - 1920 1921 - 1940 1941 - 1960 1961 - 1980 1981 - 2000 2001 - 2020 2021+ No Structure North Greenwood CRA Figure 10 Year Structure Built Adopted xx.xx.2023 | Page 19 Existing Conditions Businesses and Employment Reducing poverty requires providing long-term affordable housing and access to jobs that provide a living wage. The community indicated that they wished to attract high wage jobs to North Greenwood. They were particularly focused on implementing workforce development and entrepreneurship programs to engage youth and prevent recidivism. Employment Statistics Employment data for the CRA was collected from the Longitudinal Employer-Household Dynamics (LEHD) program. LEHD data is drawn from the US Census Bureau and the Florida Department of Economic Opportunity and reflects the number of employed persons in 2019. Note this does not include unemployed persons or children under the age of 18. Figure 11 indicates that 2,017 residents of the CRA are employed outside of its boundaries. 730 non-residents are employed within the CRA, and only 24 both live and work in the CRA. The majority of CRA residents are traveling outside of the CRA for work. 16% of all occupied households have no vehicle. Lack of transportation can result in lost wages which disproportionally impacts low-income households. This indicates a need to support transit services to job centers and funding to assist low-income residents with traveling to their jobs. Figure 12 compares the ages of workers who live within the CRA to workers who live outside the CRA. Both data sets show that about half of those who are employed are between the ages of 30 and 54. However, those who live outside the CRA skew slightly younger than those who live within the CRA. Conversely, the CRA contains a larger share of those workers that live within the CRA that are over 55 than those who live outside the CRA. Figure 11 Where Employees Live and Work Figure 12 Workers by Age Age 29 or Younger Age 30 to 54 Age 55 or Older Local Workers Non-Local Workers 23.2% $35,227 24.6%52.2% 18.9% 31.4%49.6% Lives in CRA,Works Outside CRA(2,017) Lives Outside CRA,Works in CRA(730) Lives andWorks inCRA(24) $1,250 or Less $1,251 to $3,333 $3,333 or More Local Workers Non-Local Workers 22.9% 28.4% 48.8% 27.7% 28.4% 43.9% 0 5% 10% 15% 20% 25% 30% 35% Health Care andSocial Assistance Manufacturing Retail Trade Construction Transportation andWarehousing Professional, Scientific,and Technical Services Other Services(excluding Public Administration) All Other NAICS Sectors Administration & Support,Waste Management and Remediation Accommodation andFood Services Educational Services Management of Companiesand Enterprises Wholesale Trade Live in CRA Work in CRA Age 29 or Younger Age 30 to 54 Age 55 or Older Workers Livingwithin CRA Workers LivingOutside CRA 23.2% 24.6%52.2% 18.9% 31.4%49.6% Page 20 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Figure 13 Workers by Income Similarly, Figure 13 details the income ranges of those workers who live within the CRA to those that live outside the CRA. For both data sets, most are making between $1,251 and $3,333 per month (or $15,012 and $39,996 per year). Of those who live within the CRA, more workers are making less than $1,250 per month (28.4%) compared to those who live outside the CRA (22.9%), whereas those making over $3,333 per month is higher for those who live outside the CRA (28.4%) compared to those who live within the CRA (27.7%). Figure 14 shows the percentage of those workers who live within the CRA compared to those who live outside the CRA based on the industry they are employed in. Industries are based on North American Industry Classification System (NAICS) codes. The largest industry for each group is Health Care and Social Assistance. There are several industries where one group has a significantly larger proportion of workers than the other. While Health Care and Social Assistance have the largest percentages for both groups, the share of those workers who live outside the CRA is approximately twice as many than those who live within the CRA. Similarly, those in Manufacturing that live outside the CRA is larger than those that live within the CRA, with this difference being nearly four times as large. Other industries following this trend are Retail Trade, Construction, Transportation and Warehousing, and Other Services. Figure 14 Percentage of Workers per Industry $1,250 or Less $1,251 to $3,333 $3,333 or More Workers Livingwithin CRA Workers LivingOutside CRA 22.9% 28.4% 48.8%27.7% 28.4% 43.9% Age 29 or YoungerAge 30 to 54Age 55 or OlderLocal WorkersNon-Local Workers23.2%$35,22724.6%52.2%18.9% 31.4%49.6% Lives in CRA,Works Outside CRA(2,017)Lives Outside CRA,Works in CRA(730)Lives andWorks inCRA(24)$1,250 or Less$1,251 to $3,333$3,333 or MoreLocal WorkersNon-Local Workers22.9% 28.4% 48.8%27.7%28.4%43.9% 0 5% 10% 15% 20% 25% 30% 35% Health Care andSocial Assistance Manufacturing Retail Trade Construction Transportation andWarehousing Professional, Scientific,and Technical Services Other Services(excluding Public Administration) All Other NAICS Sectors Administration & Support,Waste Management and Remediation Accommodation andFood Services Educational Services Management of Companiesand Enterprises Wholesale Trade Live in CRA Work in CRA Adopted xx.xx.2023 | Page 21 Existing Conditions Conversely, a higher percentage of workers in the Accommodations and Food Services industry live within the CRA at a rate of nearly 14 times higher than workers living outside of the CRA. All Other NAICS Sectors has the second highest difference with nearly five times as many workers that live within the CRA compared to those who live outside the CRA. Wholesale Trade, Management of Companies and Enterprises, Educational Services, Administration & Support, Waste Management and Remediation, and Professional, Scientific, and Technical Services all have higher percentages of workers living within the CRA than those who only work in the CRA. The recently adopted state minimum wage of $15 per hour, by 2026, generates $2,400 per month or $28,800 per year. In 2022, the minimum wage is $11 per hour. Securing a mortgage of approximately $80,000 requires an annual income of $33,000. With a median home value of $219,000 its clear that home ownership will be out of reach for the majority of residents without public subsidy or access to higher wages. Based on the number of residents in low wage jobs, attracting new jobs and preparing residents to secure high wage jobs will be critical for the neighborhood’s redevelopment. Health Risk Assessment Health Outcome Introduction Within the United States, health outcomes largely depend on socioeconomic and environmental factors, with health care only shaping 20% of a community’s overall health. The built environment, such as access to jobs, cultural institutions, healthcare, housing, and active transportation; community design conducive to walking; and environmental pollutants can support healthy behaviors or create obstacles that contribute to health inequities, leading to populations with a disproportionate burden of chronic disease. Chronic Diseases The United States Centers for Disease Control and Prevention (CDC) completed a 500 Cities Project between 2016-2019 that included an evaluation of chronic health diseases in the 500 most populated cities in the US. Population health equity is dependent on policy and planning decision-making. The determinants of health vary widely by place, and much of the place-based disparity is due to differences in demographics and regional economies. However, research also shows that affordability, urban design, the availability and quality of active means of transportation, and the accessibility of public services all play a large role in education outcomes, economic mobility, and other determinants of health. Urban form - residential density, walkable streets, public transit use, and safe streets - can be a health advantage as those elements can lead to greater physical activity and healthier lifestyles, which are related to the rates of a variety of health outcomes. CDC data was utilized to complete a health and environmental determinant assessment for North Greenwood and compared their findings to the city, county, state, and nation as shown in Table 4. Six chronic health conditions are included in the geographic comparison and the CRA health risk assessment discussed below. These chronic health conditions are: Page 22 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan High Blood PressureHigh blood pressure, also known as hypertension, is a risk factor for heart disease. Environmental factors that have been found to influence blood pressure include lead exposure and air pollution. Environmental factors can also influence related behavioral factors such as diet, stress, and lack of physical activity. AsthmaAsthma is an inflammatory condition of the lungs and one of the most common long-term diseases in children. Environmental factors that influence asthma include air pollution exposure and exposure to allergens and pests. Other related factors include weight. Coronary Heart DiseaseCoronary Heart Disease occurs when the arteries of the heart cannot deliver enough oxygen-rich blood to the heart and are often caused by high cholesterol. Air pollution, physical inactivity, stress, and an unhealthy diet can all increase the risk for coronary heart disease. DiabetesDiabetes is a chronic health condition that influences how the body produces or uses insulin and, therefore, how the body’s cells have access to energy. Risk factors for diabetes include being overweight, physical inactivity, stress, and exposure to pollution. High CholesterolHigh cholesterol is when total blood cholesterol for adults screened in the past five years is greater than 200 mg/dL. This is a risk factor for heart disease and stroke. Increased physical activity, maintaining a healthy weight, and eating fresh greens can help prevent high cholesterol. ObesityObesity is a chronic disease defined as an excessive amount of body fat that puts people at risk for other diseases, including those listed above, as well as others. Environments lacking healthy food options that do not promote physical activity and that contribute to high stress have been found to influence obesity. Other Health Outcomes and Behaviors The geographic comparison also includes other population health outcomes and behaviors closely linked to environmental conditions. These three factors are discussed below. Physical InactivityThe CDC defines physical inactivity as adults reporting no physical activity in their leisure time. This may not cover physical activity undertaken commuting or in daily life, but may capture much of the population that is not getting the CDC-recommended amount of exercise. Physical inactivity increases the risk for heart disease, diabetes, colon cancer, high blood pressure, obesity, osteoporosis, muscle and joint disorders, and symptoms of anxiety and depression. Poor Physical HealthThe CDC defines poor physical health as adults who spend more than 14 days a month with poor physical health, including physical illness and injury. This self-reported measure may overlap with chronic disease but also capture other aspects of health. Poor Mental HealthThe CDC defines poor mental health as adults who spend more than 14 days a month with poor mental health, which includes emotional, psychological, and social wellbeing. Population Health Outcomes Geographic Comparison Results of this assessment are included in Table 4 and displayed on Figure 15. The table displays the crude prevalence of chronic diseases in each area. Green highlighted cells show where the CRA has better health outcomes than the city. In contrast, pink highlighted cells show where the population has worse outcomes. The map displays how each of the Census Tracts compares to the average of the city. Dark green Census Tracts received a better health risk rating than the city average, while dark red Census Tracts received a poor health risk rating compared to the city average. Adopted xx.xx.2023 | Page 23 Existing Conditions The results indicate that the CRA population has a higher prevalence percentage of health conditions in seven of the nine categories in comparison with the city, county, state, and national percentages. Figure 15 shows a higher combined health risk in portions of North Greenwood. Community wellness strategies are included in the North Greenwood CRA Plan to help address these conditions. Chronic Disease CRA City Pinellas Florida National High Blood Pressure 39.1%37.0 37.4 33.5 32.6 Asthma 10.7%8.9 8.5 7.3 8.9 Coronary Heart Disease 7.9%8.0 8.0 7.6 6.2 Diabetes 14.4%11.8 12.3 11.8 11.0 High Cholesterol 32.6%35.4 36.4 33.4 33.6 Obesity 37.0%30.2 29.7 28.4 31.3 Physical Inactivity 31.8%25.4 24.5 26.5 26.0 Poor Physical Health 19.2%15.7 15.0 10.3 12.5 Poor Mental Health 20.5%15.9 14.6 12.3 13.6Sources: CDC, Division of Population Health, PLACES Data, 2021; CDC, Division of Population Health, BRFSS Prevalence & Trends Data. Table 4 Health Conditions by Geography Willa Carson Health and Wellness Center Page 24 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Good Above Average Average Below Average Concern Poor City of Clearwater North Greenwood CRA Figure 15 Combined Health Risk Adopted xx.xx.2023 | Page 25 Existing Conditions Places Parks and Recreation Numerous high-quality parks and recreation facilities serve North Greenwood and are shown on Figure 16. These facilities range in amenities and services provided from playgrounds, passive recreation, athletic fields, event and gathering places, outdoor pool, boat access to Clearwater Harbor, youth development, mentoring, and other community services. Many of these facilities could better serve the community through increased access and additional program offerings as described in the recommendations found in Chapter 4 Plan Implementation. Community Centers North Greenwood Recreation and Aquatic Complex The North Greenwood Recreation and Aquatic Complex is the city’s largest recreation center. The complex has been an essential aspect of the North Greenwood community since opening in 2003. The North Greenwood Recreation and Aquatic Complex has a seasonal pool, a fitness center, a double wooden floor gymnasium, meeting rooms, and a catering kitchen. The facility is also home to several community services, including afterschool and summer programs, youth development activities, sports leagues, and several local non-profit organizations. Clearwater Martin Luther King, Jr. Community Center The Clearwater Martin Luther King, Jr. Community Center was a city-operated recreation center that closed in 2011 due to the economic downturn and the opening of a new city-owned aquatics and recreation complex. The non-profit Clearwater Martin Luther King Jr. Neighborhood Center Coalition Inc. was formed to prevent the loss of such an asset to the community. Because of the Coalition’s ongoing efforts, the Center continues to offer a wide range of programs and services to the North Greenwood neighborhood. These include mentorship programs, youth development, local political candidate forums, public speakers, a food pantry, and various other community events. Source: Clearwater Martin Luther King, Jr. Neighborhood Center Coalition, Inc. Clearwater Martin Luther King, Jr. Community Center Page 26 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan 471210 3 11 8 1 9 6 5 2 Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty Ln1 Atrium Park 2 Cherry Harris Park 3 Garden Avenue Park 4 Jack Russell Stadium 5 Martin Luther King Jr. Neighborhood Center 6 North Betty Lane Park 7 North Greenwood Recreation and Aquatic Complex 8 Overbrook Park 9 Phillip Jones Park 10 Seminole Boat Ramp 11 Shuffleboard & Lawn Bowling Complex 12 Walter C Campbell Park Pinellas Trail North Greenwood CRA Figure 16 Parks and Recreation Facility Locations Adopted xx.xx.2023 | Page 27 Existing Conditions Recreation Facilities Pinellas Trail The Pinellas Trail, formally the Fred Marquis Pinellas Trail, is a 47-mile multi-use linear trail extending from St. Petersburg to Tarpon Springs. The trail runs through North Greenwood along the Blanche B Littlejohn Trail roadway. In 2016, Forward Pinellas implemented a series of eight electromagnetic and infrared sensors along the entire trail with funding from the CDC. There is one sensor within city limits located at Jones Street, at the southern-most point of the CRA boundary. In 2021, a total of 1,945,427 counts were logged by the trail count sensors. The Clearwater segment accounted for 170,703 of those counts, or approximately 8.7% of all counts. This was the second lowest utilized segment, but the annual report notes that East Lake Tarpon's counter experienced technical issues for several months. Shuffleboard & Lawn Bowling Complex The Shuffleboard & Lawn Bowling Complex is home to Clearwater Shuffleboard Club, Inc. and the Clearwater Lawn Bowling Club. It is located in the northwest corner of the North Greenwood CRA limits along Stevenson Creek. Surface parking lots and interior-use-based buildings which do not utilize the waterfront are located on the property. Oak shade trees are located in upland areas and mangroves along the water edge. Fishing and kayak water access is seen in Stevenson Creek tributary as it closely connects with Clearwater Harbor under the North Fort Harrison Avenue bridge. However, there is a need for better access to the creek. In 2022, the Parks and Recreation Department began evaluating the property for redevelopment into a multi-generational facility, adding both active and passive recreation opportunities, including better access to Stevenson Creek. Bicyclist on the Pinellas Trail Page 28 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Seminole Boat Ramp Boaters throughout the county widely use the Seminole Boat Ramp. It offers six paved ramps, courtesy docks, approximately 125 boat trailer parking spots, benches, picnic tables, and elevated restrooms. In 2019, the city completed parking and circulation improvements to better utilize the facility. The city created a new sidewalk connection from the North Fort Harrison Avenue intersection to the waterfront. This project also repaved and restriped the parking area, added green spaces, improved surface drainage, provided low-impact stormwater treatments, creating a waterfront boardwalk with educational displays, improved lighting, and provided a multi-use trail. Jack Russell Stadium Jack Russell Stadium is located just outside the CRA boundaries at the Palmetto Street and Phillies Drive intersection. In addition to being the past spring training facility for the Major League Baseball Philadelphia Phillies, the stadium previously housed concerts and is currently home to several local amateur, high school, and collegiate level baseball and softball teams. The stadium is within walking distance to the North Martin Luther King, Jr. Avenue commercial corridor. There is an opportunity to connect these two locations through wayfinding signage and marketing programs that will bring customers from stadium events to local businesses. Aerial View of Seminole Boat Ramp Source: Nearmap Adopted xx.xx.2023 | Page 29 Existing Conditions Parks Cherry Harris Park Cherry Harris Park runs along Marshall Street from North Martin Luther King Jr. Avenue to Madison Avenue. The amenities in the park include three shelters with picnic tables and grills, a playground, a tree-lined walking path, restroom facilities, and on-street parking. Garden Avenue Park Garden Avenue Park is a small neighborhood park located on North Garden Avenue between Palm Bluff Street and Cedar Street. It includes a playground facility, benches, and a small-sheltered picnic table area. Overbrook Park Overbrook Park is located on the north side of Stevenson Creek at Stevenson Avenue and Overbrook Avenue. The park offers access to picnic tables in a wooded open space adjacent to the creek, although there is no direct access to the water. Philip Jones Park Philip Jones Park is located at the intersection of Russell Street and Holt Avenue. The park has a large multipurpose turf field. Several youth sports leagues make use of the field, including the Greenwood Panthers football team. Walter C Campbell Park The Walter C Campbell Park is a large multipurpose turf athletic field just south of the North Greenwood Library at the intersection of North Martin Luther King Jr. Avenue and Seminole Street. In addition to numerous sporting events throughout the year, the park also hosts many community events, including the popular Saturday Morning Shoppe. The site is routinely fenced off from unstructured community access and use. Community Event at Walter C Campbell Park Page 30 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Other City-Owned Open Space/Unimproved Spaces Atrium Park Atrium Park is a triangular parcel located at the North Fort Harrison Avenue and North Myrtle Avenue intersection. The open space/park includes trees, landscaping, signage, lighting, and a row of on-street parking along the northbound side of North Fort Harrison Avenue. North Betty Lane Park The city acquired the lot on the southeast corner of the North Betty Lane and Overlea Street intersection to access Stevenson Creek with dredging machinery. This parcel does not currently serve as a dedicated recreation facility. It has the potential to be enhanced to provide improved open space and access to Stevenson Creek. Heavy equipment access to the waterfront must be maintained to provide the necessary maintenance to Stevenson Creek in the future. Atrium Park Aerial Adopted xx.xx.2023 | Page 31 Existing Conditions Cultural, Community, and Historic Places The North Greenwood community has abundant cultural, community, and historical places which are shown on Figure 17. The CRA is home to numerous schools and other educational facilities, more than a dozen active churches and other community organizations, and several health care providers. This section will discuss a selection of these places and their importance to the community. How these places can be built upon to increase the quality of life of North Greenwood residents is discussed in the recommendations found in Chapter 4 Plan Implementation. North Greenwood Library The first library in North Greenwood opened in 1950 and was located at Pennsylvania Avenue and Cedar Street. The rented library soon outgrew its space, and a new building opened on Palmetto Street next to Pinellas High School in 1962. The current building was built in 2002 and serves as a prominent community landmark. The library houses the Edward Allen Henry, Jr. Special Collection on Negro Culture and History and is now known as the Christine Wigfall Morris African American Collection. The library offers free wireless internet and a meeting room. The library is currently closed on the weekend, although the city is exploring options to provide weekend hours on a limited basis. This facility could better serve the community through increased access and additional program offerings which are further described in the recommendations section. Clearwater Garden Club The Clearwater Garden Club is a small, non-profit organization located in the Old Bay District. Since 1950, it has conducted outreach programs, community projects, and social gatherings that promote the conservation and beautification of the environment. The Club's location is an attractive site for commercial redevelopment. If it does move, it is anticipated that the Club would like to stay in the North Greenwood area. Schools and Other Educational Facilities There are three Pinellas County Schools in North Greenwood. These schools are Sandy Lane Elementary School, Clearwater Intermediate School, and Calvin Hunsinger K-12 School. Several preschool, daycare, and other childcare facilities also exist within the CRA. Additionally, the neighborhood has two adult education centers: Operation Graduate and Clearwater Adult Education and Job Training Center. Clearwater Intermediate School Page 32 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Health Centers There are three community health centers within the CRA. The largest of these is the Clearwater Health Department, the Clearwater branch of the Florida Department of Health in Pinellas County. Part of the county’s larger health system, the Department offers the broader community a wide range of programs and services. Another health center is the Turley Family Health Center, located on the corner of North Myrtle Avenue and Seminole Street. This local health clinic is part of the BayCare Health System. The Willa Carson Health and Wellness Center is a non-profit, grant-funded clinic operating in North Greenwood since 1997. The Center focuses on improving the health of the underinsured and uninsured. It provides the community with essential health services, preventative care, and educational initiatives. Churches North Greenwood is home to more than a dozen churches of various sizes and denominations. Figure 18 shows the location of these churches and church-owned properties. Many of the neighborhood’s churches own additional properties surrounding their primary property for parking or other secondary purposes. The large cluster of church-owned properties in the southwest corner of the CRA is owned by the Church of Scientology, which is headquartered south of the CRA in Downtown Clearwater. Mount Olive African Methodist Episcopal (A.M.E.) Church has been listed on the National Register of Historic Places since 1999 due to its significance to social history, Black heritage, and Gothic Revival architectural characteristics. Mount Olive A.M.E. Church Adopted xx.xx.2023 | Page 33 Existing Conditions Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnAdult Education Center Child Care Facility Fire Station #51 Francis Wilson Playhouse Health Center North Greenwood Cemetery North Greenwood Library North Ward School Curtis Museum School Facility Social Services Clearwater Garden Club North Greenwood CRA Figure 17 Cultural, Community, and Historic Places Page 34 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan 8 12 15 10 7 4 11 6 9 13 15 3 2 14 Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveNMyrtleAveKings HwySunsetPoint R d N Betty Ln1 Alpha & Omega Church 2 Bethany Christian Methodist 3 Bethlehem Seventh-Day Adventist 4 Christ Temple Church PAW 5 Church of God By Faith 6 Everybody's Tabernacle 7 Mt. Carmel Baptist Church 8 Mt. Olive A.M.E. 9 North Bay Community Church 10 St. John Primitive Baptist 11 St. John's Missionary Baptist 12 St. Matthew Missionary Baptist 13 The Church Of The Kingdom Of God 14 The Refuge of Clearwater 15 True Vine Missionary Baptist Church-Owned Properties North Greenwood CRA Figure 18 Churches and Church-Owned Properties Adopted xx.xx.2023 | Page 35 Existing Conditions Historic Places Pinellas County African American History Museum The Pinellas County African American History Museum is headquartered in the former Curtis Elementary School at North Martin Luther King Jr. Avenue and Marshall Street. The museum is often referred to as the Curtis Museum within the community. The museum was established in April 2000 and has served as a repository of historical and cultural information and physical artifacts primarily relating to African American History in Pinellas County. North Greenwood Cemetery In the 1940s and 1950s, an unnamed segregation-era African American cemetery was active on the site that would become the Palmetto Elementary School in 1962. In 2019, after a campaign from local community members, the City of Clearwater contracted an archaeological firm to investigate the site to determine if burial sites remain. The investigation determined that at least 55 burial sites remain on the property. An historical marker will be installed to memorialize the deceased and honor the cemetery’s history. More information on the North Greenwood Cemetery is available in the Archaeological Ground-truth Excavation of North Greenwood Cemetery Report published on July 12, 2021. North Ward Elementary School The North Ward Elementary School opened in 1915 and remained in operation as a school until 2009. The City of Clearwater purchased the property in 2019. In 2021, the school was placed on the National Register of Historic Places and received a local designation in April of 2022. The building is currently unoccupied and the city is seeking a development partner for the future rehabilitation and reuse of the school. A Certificate of Appropriateness from the Community Development Board will be required if major exterior alterations are proposed. North Ward School, 1922 Historic Single-Family Homes The plan area has several single-family homes of varying architectural styles that are eligible for historic designation. The city should prioritize local designation to preserve the visual character of the neighborhood and ensure compatible renovations. The 1995 North/South Greenwood Residential Infill Study by the Florida Center for Community Design and Research contains extensive block by block research documenting existing housing styles and recommendations for developing vacant lots in keeping with the scale and layout of existing homes. Page 36 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Districts Commercial Districts North Martin Luther King Jr. Avenue North Martin Luther King Jr. Avenue is the historic heart of North Greenwood. Originally named North Greenwood Avenue, the corridor once served as the community focal point, with many businesses and gathering spots. Many residents expressed their personal experiences with the corridor being a very active location and part of local business and community identity. With most of its businesses gone, vacant lots are prevalent, and the overall prominence in the community for routine retail commercial businesses is diminished. The corridor still serves as a cultural center for the neighborhood with the North Greenwood Recreation & Aquatic Complex, North Greenwood Library, the Pinellas County African American History Museum, a handful of local businesses, and several community services located along the street. Figure 19 displays these uses, vacant parcels, and city and county property ownership. Vacant property data was collected from the Florida Department of Revenue. These vacant and city-owned lands present an opportunity for this corridor to be revitalized in a way that serves the current community while honoring the corridor’s past. This plan recommends focusing on restoring black entrepreneurship in this area of North Greenwood. More information on this strategy can be found in Chapter 4 Plan Implementation. Figure 20 portrays the current massing and scale of buildings adjacent to the vacant lots on this street. It shows opportunities to assemble lots into larger development parcels and to place new buildings adjacent to the right of way to bring back a traditional, main street storefront experience. In Spring 2023, the city will use a grant from Forward Pinellas to conduct a community charette and accompanying form-based code to incentivize development of the city-owned properties on this corridor. Carlton St Palmetto St Marshall St Pennsylvania AveN MLK JrAvePalmetto ParkApartments Rec Complex ElksLodge OperationGraduate African AmericanHistory Museum City Owned County Owned Vacant Property Figure 19 North Martin Luther King, Jr. Avenue Corridor Adopted xx.xx.2023 | Page 37 Existing Conditions Figure 20 Potential Redevelopment Properties Page 38 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan North Fort Harrison Avenue and North Myrtle Avenue The intersecting streets of North Fort Harrison Avenue and North Myrtle Avenue are the two highest traffic volume roadways in the CRA with 18,000 Annual Average Daily Traffic (AADT) and 13,500 AADT respectively. They are two of the primary connections between Downtown Clearwater and northern Pinellas County. Together they form a triangular assortment of parcels shown in Figure 21. This figure also shows more than 140 vacant, mostly privately owned, properties and buildings along this corridor. This area has significant potential for redevelopment due to the high traffic volume, proximity to Downtown, a considerable number of large vacant parcels, and a mixture of Downtown and Commercial zoning designations. This is the mostly likely area to see significant development in the CRA and where the city would anticipate requests for increased building height and density. N MLK Jr AveJones St Eldridge StNOsceola AveNMyrtleAveCity Owned County Owned Vacant Properties North WardSchool BoatRamp Garden TrailApartments GasDept. Jolley Trolley Health Dept. Figure 21 North Fort Harrison Avenue Corridor Adopted xx.xx.2023 | Page 39 Existing Conditions North Betty Lane The North Betty Lane corridor is a concentration of commercial properties clustered around the intersection of North Betty Lane and Stevenson Creek. Businesses in the area include neighborhood-scale retail and convenience stores, a car wash, a gas station, and a U-Haul dealer. On the west side of North Betty Lane is the Homeless Empowerment Program (HEP) and affiliated church and other facilities. This program provides a number of valuable social services to vulnerable people. Clearwater Fire Station #51 is located at the intersection of Overbrook Avenue and North Betty Lane. The Pinellas County Adult Education and Training Center is just off the corridor along Engman Street. This corridor has few vacant properties relative to the other two commercial corridors in the CRA. Figure 22 North Betty Lane Corridor Engman St Fairmont St Overlea StNBettyLnCity Owned County Owned Vacant Property HEPFacilities Fire Station#51 Adult Ed.Center Betty LaneShopping Cntr. ClearwaterIntermediateSchool andMartin LutherKing, Jr.Community Center Marshall Street WaterReclamation Facility Philip JonesPark Page 40 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Industrial District Eldridge Street The industrial portion of the North Greenwood CRA is located along Eldridge Street north of the CSX Railway Line. The approximately five-block area is the only land in the CRA with the Industrial, Research, and Technology (IRT) zoning designation. This area contains a number of businesses in the marine industry, automotive repair and maintenance, various industrial shops, food shops, and a Duke Energy substation. The Armory Building is directly adjacent to the industrial district. N MLK Jr AveN Myrtle AveEldridge St Vacant Properties City Owned County Owned State of Florida Industrial Zoning District North Greenwood CRA CSX Rail Line Armory Figure 23 Industrial District Adopted xx.xx.2023 | Page 41 Existing Conditions Land Use Unincorporated Enclaves The CRA boundaries include 40.59-acres of land that has not been incorporated into the City of Clearwater. This represents approximately 4.9% of the entire 840.77-acre CRA limits. As shown on Figure 24, these enclaves of unincorporated properties are located northeast of Stevenson Creek, mostly between Douglas Avenue and North Betty Lane. A smaller set of unincorporated parcels are located near the intersection of Woodbine Street and North Betty Lane. Residents in the unincorporated areas are generally served by septic systems and by the Pinellas County Sheriff’s Office. Incorporation should be considered for these areas as a whole to provide a consistent point of contact for public safety through the Clearwater Police Department and to extend sanitary sewer systems to these properties. The city does not recommend individual parcels for annexation because a change in CRA boundaries would require approval by the City Council and Board of County Commissioners. Existing Land Use According to property use data provided by the Florida Department of Revenue, properties within the North Greenwood CRA are 48.07% single-family residential by acreage. A total of 58.37% of the acreage in the CRA is dedicated to residential uses. The next largest category is schools, which utilize 12.29% of property due to the three schools on two large properties. Industrial and storage use utilize 8.52% of the property, about half of which is the wastewater treatment plant. Vacant land comprises 8.22% of the property, government land 7.41%, apartments and condos 6.62%, and all other uses comprise less than 5%. These uses are displayed in Table 5 and Figure 25. This information does not include right-of-way acreage. Seminole Boat Ramp, Stevenson Creek Shuffleboard and Lawn Bowling Complex, North Greenwood Recreation and Aquatic Complex, and Walter C Campbell Park are considered government use. Land Use Acres Percentage Single-Family 290.73 48.07% Schools 74.33 12.29% Industrial / Storage 51.50 8.52% Vacant 49.70 8.22% Government 44.81 7.41% Apartment / Condo 40.05 6.62% Duplex / Triplex / Fourplex 22.28 3.68% Non-profit / Church 18.62 3.08% Stores 4.28 0.71% Office 3.45 0.57%Source: Florida Department of Revenue Table 5 Existing Land Use by Acres and Percentage Page 42 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnNorth Greenwood CRA Unincorporated Enclaves Figure 24 Unincorporated Enclaves Adopted xx.xx.2023 | Page 43 Existing Conditions Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnApartment / Condo Duplex / Triplex / Fourplex Single-Family Stores Restaurants Office Industrial / Storage Non-profit/Church Parks Government Schools Marina Vacant North Greenwood CRA Figure 25 Existing Land Use Page 44 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Future Land Use The Future Land Use designations within the CRA generally reflect the existing uses within the community. The southwest portion of the overall CRA is designated as Central Business District (CBD), allowing for moderate to high-density residential, office, commercial, and public uses, and is governed by the Clearwater Downtown Redevelopment Plan and Downtown District and Development Standards. Table 6 and Figure 26 show the breakdown of the Future Land Use designations. The most prevalent future land use category in the CRA is Residential Urban (RU) which allows residential uses at a moderate density, including detached single-family dwellings and attached dwellings. Institutional (I) is the second largest and accounts for a majority of the church and school locations within the CRA, as well as other non-profit or social service type uses. Future Land Use Acres Percentage Residential Urban (RU)261.42 39.73% Institutional (I)89.15 13.55% Central Business District (CBD)73.66 11.20% Commercial General (CG)63.53 9.65% Residential Medium (RM)52.39 7.96% Recreation/Open Space (R/OS)27.62 4.20% Water 24.04 3.65% Transport/Utility (T/U)18.26 2.78% Residential Low (RL)15.07 2.29% Industrial Limited (IL)11.38 1.73% Preservation (P)11.06 1.68% Residential High (RH)9.36 1.42% Residential/Office General (R/OG)1.04 0.16%Source: City of Clearwater Table 6 Future Land Use by Acres and Percentage Adopted xx.xx.2023 | Page 45 Existing Conditions Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnCentral Business District Commercial General Institutional Industrial Limited Preservation Residential/Office General Recreation/Open Space Residential High Residential Low Residential Medium Residential Urban Transport/Utility Water North Greenwood CRA Figure 26 Future Land Use Page 46 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Zoning Districts The CRA includes a wide variety of zoning districts. Table 7 shows the total acres and percentage of districts, shown in Figure 27, occurring within the CRA. Most of the neighborhood (52.2%) is zoned for residential development. These districts are generally located interior of CRA. The largest zoning district is the Low Medium Density Residential (LMDR) District which is concentrated along the south side of Stevenson Creek and the southeast portion of the CRA. Palmetto Park Apartments is the only property zoned Medium High Density Residential (MHDR). The CRA has a large concentration of properties zoned Medium Density Residential (MDR) which allows for attached dwellings to be constructed. However, in most zoning districts residential uses require a minimum of two off-street parking spaces which could provide development challenges as the residential lot sizes in the CRA are smaller in nature, typically only 50 feet wide by 100 feet deep. Business-related zoning districts, including Commercial, Downtown, and Office, are located along major corridors, including North Fort Harrison Avenue, North Myrtle Avenue, and North Betty Lane. The Institutional District is located throughout the CRA and is applied to schools, churches, city facilities, and certain vacant lands. Zoning District Acres Percent Low Medium Density Residential (LMDR)185.20 29.68% Medium Density Residential (MDR)131.10 21.01% Institutional (I)106.40 17.05% Downtown (D)76.63 12.28% Commercial (C)63.23 10.13% Open Space/Recreation (OS/R)29.13 4.67% Preservation (P)11.58 1.86% Industrial, Research, and Technology (IRT)10.72 1.72% Medium High Density Residential (MHDR)8.23 1.32% High Density Residential (HDR)1.12 0.18% Office (O)0.70 0.11%Source: City of Clearwater Table 7 Zoning District by Acres and Percentage Adopted xx.xx.2023 | Page 47 Existing Conditions Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnCommercial Downtown High Density Residential Industrial Research and Technology Institutional Low Medium Density Residential Medium Density Residential Medium High Density Residential Office Open Space/ Recreation Preservation Unincorporated Areas North Greenwood CRA Figure 27 Zoning Districts Page 48 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Vacant Lands According to Pinellas County Property Appraiser data, there are 350 vacant properties within the CRA. Combined, these lots comprise 49.7 acres or 8.22% of the CRA area. The vacant properties are generally dispersed throughout the CRA, though concentrations are present along the North Fort Harrison Avenue and North Martin Luther King Jr. Avenue corridors. The development of vacant properties should be a top priority for the CRA because it does not cause direct displacement and can be developed in a way that aligns with the community’s goals. Vacant Housing Units This data also indicates that the CRA has 386 vacant housing units. This is 15.5% of the CRA’s 2,433 total housing units. Its rate is lower than the overall city, which has an estimated 18.3% vacancy rate. Vacant Corner Lot Adopted xx.xx.2023 | Page 49 Existing Conditions Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnVacant Property North Greenwood CRA Figure 28 Vacant Properties Page 50 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Public and Semi-Public Property Public and semi-public properties are shown on Figure 30 and are further detailed below by ownership. City-Owned Lands The City of Clearwater owns 64 parcels within the CRA. Together these parcels make up 83.33 acres. Most of these properties are parks or other recreational facilities. Several are public service sites, most notably the Marshall Street Water Reclamation Facility, Clearwater Gas Department, and Fire Station #51. Other city-owned properties were acquired for community enhancement purposes. See Table 15, CRA Implementation Table, for a description of potential future uses on these sites. Other Publicly Owned Lands Pinellas County The Pinellas County government owns 16 properties throughout the CRA. These include parcels along the Pinellas Trail, the Clearwater Health Department, the Garden Trail Apartments workforce housing, and a handful of residential lots in the unincorporated area. Pinellas County Schools Pinellas County Schools own four properties within the CRA. The largest is the site for Sandy Lane Elementary and Calvin A. Hunsinger Schools, located at the southwest corner of Kings Highway and Sunset Point Road. They also own property along Palmetto Street (Clearwater Intermediate School), the Adult Education Center to the northeast of Clearwater Intermediate School, and the Pinellas County African American History Museum property. State of Florida The State of Florida owns one property within the CRA. This property is the Armory Building, located at 706 North Missouri Avenue. In 2005, National Guard operations were relocated to the C.W. Bill Young Armed Forces Reserve Center in Pinellas Park. This site is now utilized by the City of Clearwater Parks and Recreation Department for equipment storage and operations. Armory Building Adopted xx.xx.2023 | Page 51 Existing Conditions Utility and Transportation Owned Lands CSX Railroad CSX Transportation, Inc. is an international transportation company that operates about 20,000 miles of rail line in the eastern United States. This includes the Clearwater Subdivision line, which runs from east of downtown Tampa, along the south side of the North Greenwood CRA and terminates in St. Petersburg. Duke Energy Duke Energy Florida is the electric utility provider for Pinellas County. It owns one property within the CRA on which a power sub-station is located. Land Value Taxable Value and Exempt Properties The CRA has concentrations of relatively high-tax generating, low-tax generating, and tax-exempt lands. As shown on Figure 29, approximately 251 acres or 35.5% of the lands in the CRA are tax-exempt, and the remaining 64.5% are not tax-exempt. This does not include right-of-way or Stevenson Creek. The taxable value of properties in the CRA, as estimated by the Pinellas County Property Appraiser’s Office, is displayed in Figure 31. The dark red-brown and red properties indicate clusters of properties with a high taxable value, primarily along the North Fort Harrison Avenue corridor, abutting Stevenson Creek, and the industrial area around Eldridge Street. The purple indicates properties that do not pay property taxes, mainly due to being owned by a governmental agency, religious institution, or other non-profit entity. Figure 30 illustrates city-owned land that is suitable for development. Sites determined suitable for development have no known environmental issues, access to public water and sewer infrastructure, and zoning designations that allow for residential or commercial uses. There are opportunities for commercial development in the Old Bay District as Figure 29 Property Acreage by Tax-Exempt Status 64.5% 35.5%Non-Exempt (590 acres) Exempt (251 acres) well as the North Martin Luther King, Jr. Avenue corridor. There is one potential site for residential development adjacent to the existing Fire Station #51 with appropriate environmental remediation. Properties that are closer to the water have the potential to develop at an increased density due to the underlying future land use category of Central Business District (CBD) having higher density and intensity than other areas of the CRA. This type of growth could provide increased tax revenue for the CRA to support programs in areas that will remain predominantly single-family housing. The percentage of tax-exempt properties is not anticipated to change significantly and the institutions who own those properties are providing valuable community services. The CRA can provide coordination services among the institutions to ensure that plan goals are met in an effective manner. Page 52 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnCity of Clearwater Pinellas County Pinellas County Schools State of Florida Duke Energy Sites Suitable for Development Pinellas Trail CSX Rail Line North Greenwood CRA Figure 30 Public and Semi-Public Properties Adopted xx.xx.2023 | Page 53 Existing Conditions Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnTax Exempt $0.01 - $50,000 $50,000 - $150,000 $150,000 - $250,000 $250,000 - $1,000,000 $1,000,000 - $3,327,500 North Greenwood CRA Figure 31 Taxable Property Value Page 54 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Natural Environment Stevenson Creek Stevenson Creek is a prominent aquatic feature of North Greenwood. It is approximately 3.2-miles long, running from the south side of Clearwater, through the city and North Greenwood, and terminating in Clearwater Harbor northwest of the CRA. The one-mile stretch within and northwest of the CRA is the widest and most heavily vegetated portion of Stevenson Creek. Community Use There is currently no designated public water access point to Stevenson Creek. Many local residents use the creek for fishing and have suggested they would benefit from increased access to it for fishing and recreational activities. Most properties abutting the property are single-family residences, many of which have private docks on the creek. The Clearwater Shuffleboard and Lawn Bowling Complex property has about 1,200 feet of creek frontage. Several other city-owned properties are adjacent to the creek, including Overbrook Park, Fire Station #51, the Marshall Street Water Reclamation Facility, and North Betty Lane Park on the corner of Overlea Street and North Betty Lane used to access the creek with dredging equipment. Waterbody Information Water flows into Stevenson Creek Watershed from the creek’s three main branches: the Spring Branch, Hamon Branch, and Upper Stevenson Branch. The Pinellas County Water Atlas’ Water Quality Index scores Stevenson Creek as “Good” based on levels of water clarity, dissolved oxygen, oxygen demand, nutrients, and bacteria. The Florida Department of Environmental Protection (FDEP) identifies Stevenson Creek as “Impaired” due to the presence of fecal coliform. Stevenson Creek Adopted xx.xx.2023 | Page 55 Existing Conditions Coastal High Hazard Area The Coastal High Hazard Area (CHHA) is an area particularly vulnerable to the effects of coastal flooding from hurricanes and other tropical storm events. It is defined by section 163.3178(2)(h)9, Florida Statutes, as the area below the elevation of the category one storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. The State of Florida limits density in these areas and requires enhanced building standards. The City of Clearwater has designated a Coastal Storm Area (CSA) within the Comprehensive Plan. The CSA includes the CHHA plus those parcels where the CHHA inundates 20% or more of a parcel or those portions of an island not inundated by the CHHA and areas of the FEMA Velocity Zone (VE) not included in Evacuation Zone A and parcels where the VE Zone occupies 20% or more of the parcel. Figure 32 shows the CHHA and CSA within the CRA. The majority of CHHA and CSA within the CRA Plan area occurs in the northern section along Stevenson Creek and its tributary that stretches to Sunset Point Road. The Seminole Boat Ramp area and southward along the Clearwater Harbor coastline are also included. A total of 144.88-acres of CHHA exists with 368 parcels being impacted, of which 337 are residential. A total of 167.04-acres of CSA exists, with 432 total parcels being impacted and 395 of those being residential. FEMA Flood Zones The Federal Emergency Management Agency (FEMA) defines flood hazard areas as areas with at least a 1% chance to flood in a 100-year storm event. The FEMA Flood Insurance Rate Map identifies the majority of flood hazard areas as those located in the northern half of the CRA along Stevenson Creek and its tributary that stretches to Sunset Point Road and onto the Pinellas County School owned property, as well as an area northwest of the North Martin Luther King Jr. Avenue and Palmetto Street intersection. The Seminole Boat Ramp area and southward along the Clearwater Harbor and the residential area surrounding the North Greenwood Recreation & Aquatic Complex are also included. In addition to the increased risk of flooding, identified flood hazard areas can negatively affect property values and insurance costs. The flood zones identified in the CRA are A, AE, and VE. The A and AE zones are areas with a 1% chance of annual flooding and a 26% chance of flooding over 30 years. There are 0.82 acres of Zone A and 160.95 acres of AE located in the CRA. The VE zone is coastal areas with a 1% or greater chance of flooding annually or are subject to additional hazard of storm waves as well as a 26% of flooding over 30 years. There are 6.74 acres of VE located in the CRA. There are a total of 168.44 acres impacted by flood zone, with a total of 427 parcels within the CRA are impacted by these zones, of which 315 are residential. Page 56 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnCoastal High Hazard Area Coastal Storm Area North Greenwood CRA Figure 32 Coastal High Hazard Area and Coastal Storm Area Adopted xx.xx.2023 | Page 57 Existing Conditions Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnZone A Zone AE Zone VE North Greenwood CRA Figure 33 FEMA Flood Zones Page 58 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Wetlands Wetlands provide numerous economic, social, and ecological benefits. They provide habitat for various plant and animal species, reduce flooding, and support recreational activities. They are protected by multiple public agencies permitting requirements. There are several types of wetlands and deep water habitats in the CRA Plan area. Locations of these habitats, as defined by the United States Geological Survey (USGS) National Wetlands Inventory, are displayed in Figure 34. The habitats within the CRA are mostly part of Stevenson Creek, identifying its benefit to the community and potential to be enhanced through continued nuisance vegetation removal, installation of native plant species on public lands, and public education on the benefits of watershed resource protection on private properties. Small areas of wetland are also identified on the edges of the Seminole Boat Ramp. The majority of mapped wetland areas within the CRA Plan area occur in the northern half along Stevenson Creek and its tributary that stretches to Sunset Point Road. A total of 32.07-acres of wetlands exist, with Estuarine and Marine Deepwater (17.05-acres), Estuarine and Marine Wetland (6.65-acres), Freshwater Forested/Shrub Wetland (4.11-acres), Freshwater Pond (2.51-acres), and Riverine (1.75-acres) designations. Stevenson Creek Vegetation Adopted xx.xx.2023 | Page 59 Existing Conditions Figure 34 Wetlands Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnEstuarine and Marine Deepwater Estuarine and Marine Wetland Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond Lake Riverine North Greenwood CRA Page 60 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Streets and Transit Road Network Streets in the North Greenwood CRA are generally laid out in a grid network. The street network spans Stevenson Creek over three bridges on North Fort Harrison Avenue, Fairmont Street, and North Betty Lane. The highest traffic volume thoroughfare is Alt US 19. This route follows North Myrtle Avenue and becomes North Fort Harrison Avenue after its intersection with North Myrtle Avenue. This route runs from St. Petersburg north to Holiday in Pasco County before reconnecting with the primary US Route 19 highway. Other significant north-south roads within the CRA are North Martin Luther King Jr. Avenue, North Betty Lane, and Kings Highway. Significant east-west roads include Palmetto Street and Fairmont Street, which transitions into Douglas Avenue after crossing Stevenson Creek. Sunset Point Road provides a significant east-west route between North Fort Harrison Avenue and Safety Harbor. Information about these roadways is summarized in Table 8. The Annual Average Daily Traffic (AADT) is the approximate number of cars that pass through a roadway each day. These numbers are used in a wide range of decision-making processes, from transportation planning projects to where new businesses decide to open. Alt US 19/North Fort Harrison Avenue/North Myrtle Avenue has the highest AADT in the CRA. State, County, and Local Roads Most of the roads located within the CRA are owned and maintained by the City of Clearwater. The exception to this is portions of Alt US 19 which is owned and maintained by the Florida Department of Transportation (FDOT). Additionally, Pinellas County owns and maintains portions of North Betty Lane, Overbrook Avenue, Douglas Avenue, Sunset Point Road, and Sylvan Drive. Private roads exist in the CRA and are controlled as part of private developments or subdivisions. The jurisdiction of roadways in the CRA is shown in Figure 35. Road Name Directional Lanes AADT Class Jurisdiction North Fort Harrison Avenue 1-2 18,000 Minor Arterial City / FDOT North Myrtle Avenue 3-4 13,500 Minor Arterial FDOT North Martin Luther King Jr. Avenue 1-2 3,400 Collector City North Betty Lane 1-2 6,500 Collector City / County Kings Highway 1 No Count Minor Collector City Palmetto Street 1-2 4,000 Collector City Fairmont Street / Douglas Avenue 2-4 4,400 Collector City Sunset Point Road 2 6,900 Minor Arterial CountySource: FDOT Transportation Data and Analytics Office Table 8 Summary of Major Roads Adopted xx.xx.2023 | Page 61 Existing Conditions Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnCity of Clearwater Pinellas County FDOT Private North Greenwood CRA Figure 35 Roadway Jurisdiction Page 62 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Functional Classification Figure 36 shows the functional classifications of roadways within the CRA Plan area. Arterial Roadways Arterial roadways provide major connections between cities, urbanized areas, and major employment centers. These tend to have higher speed limits, more lanes, and more cars passing through. In the CRA, these include North Fort Harrison Avenue, North Myrtle Avenue/Alt US 19, and Sunset Point Road. Collector Streets Collector streets provide connections between arterial networks and residential networks to residential districts and mid-sized commercial areas. There are several of these roadways in the CRA, including Fairmont Street, Douglas Avenue, Overbrook Avenue, North Betty Lane, North Martin Luther King Jr. Avenue, Kings Highway, and Palmetto Street. Local Streets Local streets provide direct access to individual properties. They are not intended as primary throughways between non-local destinations, but are an integral part of the street grid, providing alternatives to other roadways. Roadways not classified as collectors or arterials are local streets. Bike and Pedestrian Facilities Existing Sidewalk Network Sidewalks exist along at least one side of all but a few streets within the CRA and along both sides of most. Sidewalks are along all commercial corridors, arterial roadways, and across all three bridges. Gaps in the sidewalk network exist mostly in residential areas. Areas with major sidewalk gaps include: • The residential area north of Palmetto Street between Pinellas Trail and Douglas Avenue• The residential area north of Overlea Street between North Betty Lane and Kings Highway• The unincorporated areas north of Overbrook Avenue along Sylvan Drive and Pineland Drive The general areas of these gaps are shown as blue circles in Figure 37. Bike Lanes and Paths The main bicycle infrastructure within the CRA is the multi-purpose Pinellas Trail; however, a separated bike lane and sharrows do exist. The separated bike lane is on North Osceola Avenue between Seminole Street and Nicholson Street, and sharrows are on Nicholson Street from North Osceola Avenue to the Pinellas Trail. These two installations aimed at improving bike access and safety from the Pinellas Trail to the Seminole Boat Ramp. Adopted xx.xx.2023 | Page 63 Existing Conditions Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveNMyrtleAveKings HwySunsetPoint Rd Palmetto St N Betty LnMinor Arterial Collector Minor Collector North Greenwood CRA Figure 36 Functional Classification Page 64 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnPinellas Trail Existing Sidewalks Unincorporated Areas North Greenwood CRA Figure 37 Bicycle and Pedestrian Facilities Adopted xx.xx.2023 | Page 65 Existing Conditions Transit Bus Routes and Stops The Pinellas Suncoast Transit Authority (PSTA) is the public transit provider for Pinellas County. PSTA contracts with Jolley Trolley, which operates trolley routes. Between PSTA and Jolley Trolley, four routes serve the North Greenwood CRA. These routes are described below and displayed in Figure 38. Jolley Trolley Coastal Route The route is operated by Jolley Trolley Transportation of Clearwater, Inc. (Jolley Trolley) through a contract with PSTA and multiple funding partners. It provides hourly service seven days a week from approximately 8:30am to 11:00pm Sunday through Thursday and from 8:30am to 1pm Friday and Saturday. It connects downtown Clearwater, Dunedin, Palm Harbor, and Tarpon Springs. Within the CRA, it runs along North Myrtle Avenue and shares stops with PSTA bus routes. The trolley has an integrated fare system with PSTA. PSTA Route 61 Route 61 operates at 60 minute frequencies seven days a week from approximately 5:30am to 8:30pm Monday through Saturday and 7:20am to 6:30pm on Sundays. The route travels between Indian Rocks Shopping Plaza through Largo, Downtown Clearwater, and Dunedin to Countryside Mall. Within the CRA, it runs along North Martin Luther King Jr. Avenue. PSTA Route 66 Limited Stop (66L) Route 66L operates Monday through Friday with limited morning and evening stops to supplement the Jolley Trolley Coastal Route. It provides connection between Downtown Clearwater and Tarpon Springs. Within the CRA, it runs along North Fort Harrison Avenue. PSTA Route 78 Route 78 operates at 30 minute frequencies seven days a week from approximately 6am to 10pm Monday through Saturday and at a 35 minute frequency from approximately 8am to 8pm on Sundays. The route provides connections between Downtown Clearwater, Dunedin, and the Countryside Mall area. Within the CRA, the route travels along North Myrtle Avenue, Palmetto Street, and North Betty Lane. Jolley Trolley Bus Page 66 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveNMyrtleAveKings HwySunset Point Rd Palmetto St N Betty LnStops 61 66L 78 Jolley Trolley North Greenwood CRA Figure 38 PSTA Routes and Stops Adopted xx.xx.2023 | Page 67 Existing Conditions Utilities and Infrastructure Parking Automobile parking was not identified as a deficiency in the CRA. Several relatively large public parking lots exist within the area, including the Seminole Boat Ramp, North Greenwood Recreation & Aquatic Complex North Greenwood Library, and Shuffleboard & Lawn Bowling Complex. Most commercial businesses and public uses have limited off-street parking available for their parcel use. Limited areas of on-street parking spaces (e.g., North Fort Harrison Avenue at Atrium Park, Phillies Drive, Eldridge Street) are available for commercial businesses in the CRA. On-street parking is permitted on most residential streets. Stormwater Infrastructure Stormwater infrastructure is present throughout most of the CRA, with gaps in some residential areas. Existing city stormwater drainage is all underground, whereas open ditch drains are Pinellas County facilities. The network of stormwater infrastructure is shown in Figure 39. Sanitary Sewer Sanitary sewer (wastewater) in the CRA flows into the Marshall Street Water Reclamation Facility (WRF) located in the CRA along Stevenson Creek. The only gaps in the wastewater network shown in Figure 40 are within the unincorporated enclaves. The city continues to make improvements to the WRF, including the past replacement of the influent pump station and associated odor control. The city is currently preparing a Wastewater Resource Facility Master Plan for multiple facilities, including the Marshall Street WRF. Potable Water The CRA has full potable water coverage with no gaps in the network. The water mains within and surrounding the CRA are shown in Figure 41. The groundwater source for Clearwater is the Floridan Aquifer. This aquifer is a major source of groundwater in the southeastern United States and underlies all of Florida. Reclaimed Water The use of reclaimed water helps the city to preserve high-quality drinking water by providing an alternative source of irrigation water. This allows for the preservation of the supply of potable drinking water. Reclaimed water mains, shown on Figure 42, exist within the CRA along North Osceola Avenue, Seminole Street, North Martin Luther King Jr. Avenue, Fairmont Street, Overbrook Avenue, and Palmetto Street. Natural Gas Natural gas service within the CRA is provided by Clearwater Gas System, which is owned and operated by the City of Clearwater. Natural gas mains are present below nearly all of the roadways within the CRA, shown on Figure 43, providing reliable energy for residential, commercial, and industrial uses. Page 68 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnStorm Pipe Underdrain Ditch Stormwater Pond Swale Unincorporated Areas North Greenwood CRA Figure 39 Stormwater Infrastructure Adopted xx.xx.2023 | Page 69 Existing Conditions Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnGravity Main Force Main Private Mains Lift Stations Unincorporated Areas North Greenwood CRA Figure 40 Sanitary Sewer Infrastructure Page 70 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnCity Potable Water Main Unincorporated Areas North Greenwood CRA Figure 41 Potable Water Infrastructure Adopted xx.xx.2023 | Page 71 Existing Conditions Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnReclaimed Water Unincorporated Areas North Greenwood CRA Figure 42 Reclaimed Water Infrastructure Page 72 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnGas Main Unincorporated Areas North Greenwood CRA Figure 43 Natural Gas Infrastructure Adopted xx.xx.2023 | Page 73 Existing Conditions Law, Fire/EMS, and Code Enforcement Activity Law Enforcement Types of Reported Criminal Activity The City of Clearwater Police Department provided criminal activity data from 2015 to 2021. Figures 44 and 45 illustrate this data by crime type and severity. Crime and the perception of crime were identified as significant concerns in the community. In general, crime has decreased in most categories measured over this period as shown in Figure 46. This decrease corresponds with national trends and the Clearwater Police Department’s 2017-2022 Strategic Plan. While trends have been moving in the right direction, the North Greenwood CRA Plan aims to reduce crime and address its root causes. Figure 44 Non-Violent Crime by Type and Year Figure 45 Violent Crime by Type and Year Location of Reported Criminal Activity Based on the location data of reported incidents from 2015 to 2021, several areas stand out as having high concentrations of criminal activity. These high-incident areas are the intersections of North Betty Lane and Overlea Street, North Martin Luther King Jr. Avenue and Palmetto Street, and Marshall Street and North Myrtle Avenue as displayed in Figure 47. This crime data is reported with approximated locations, so positions displayed on the map are generalized. The North Betty Lane concentration correlates with North Betty Lane Park. Activation of this and other under-utilized spaces would increase “eyes on the street,” helping to deter criminal activity. 0 200 400 600 800 1000 2016 2017 2018 2019 2020 2021 2015 Burglary Disturbance Drug Call Drunk Driver Shoplifting Theft Weapons Violation 0 20 40 60 80 2016 2017 2018 2019 2020 2021 2015 Assault Carjacking Homicide Robbery Sexual Battery 0 200 400 600 800 1000 2016 2017 2018 2019 20202021 2015 Burglary Disturbance Drug Call Drunk Driver Shoplifting Theft Weapons Violation 0 20 40 60 80 2016 2017 2018 2019 2020 2021 2015 Assault Carjacking Homicide Robbery Sexual Battery Page 74 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Figure 46 Crime Incident Trends by Year 400 600 800 1000 40 60 80 100 Non-Violent Non-ViolentLinear Trend Violent ViolentLinear Trend Non-Violent Crime IncidentsViolent Crime IncidentsClearwater Police Vehicle Adopted xx.xx.2023 | Page 75 Existing Conditions Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnHigh Occurance Low Occurance North Greenwood CRA Figure 47 Crime Hotspots Page 76 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Fire / EMS The Finding of Necessity Study included an evaluation of city fire and EMS calls provided for 2019. The data were normalized to report the number of calls for service per 1,000 population and the total number of calls within the study's subareas and citywide. Based on this data, the citywide call rate was 211.2 calls per 1,000 population. The city-approved North Greenwood CRA Plan limits include only the Downtown, North Fort Harrison/Osceola, and North Greenwood Core subareas. Table 9 shows that call rates in these subareas exceed the citywide rate of 211.2 calls per 1,000 population. The data shows that while the subareas are a small percentage of the overall city population, their call rates are disproportionately high when compared to their population. Subarea Call Rate per 1,000 Population Downtown 467.4 North Fort Harrison/Osceola 876.4 North Greenwood Core 275.3Source: City of Clearwater Fire/EMS, Finding of Necessity Study Table 9 Study Area Fire/EMS Call Rate Subarea % of City-wide Calls % of Citywide Population Downtown 4%1.7% North Fort Harrison/Osceola 1%0.2% North Greenwood Core 6%4.3%Source: City of Clearwater Fire/EMS, Finding of Necessity Study Table 10 Study Area Fire/EMS Calls Proportional Allocation Fire Station #51 Adopted xx.xx.2023 | Page 77 Existing Conditions Code Enforcement & Building Maintenance The City of Clearwater Code Compliance and Building Divisions work together with citizens and the business community to make the city a safe, healthy, and economically viable place to live and work. The Divisions seek to attain compliance with various community standards within the Community Development Code, including the Clearwater Housing and Unsafe codes. The following figures display code violations within the North Greenwood CRA between 2015 and 2021. Figure 48 depicts the top five categories of code violations, most of which pertain to the maintenance of vegetation and yards in general and are enforced by the Code Compliance Division. Figure 49 displays the top five violations related to structures on a property, enforced by the Building Division. Generalized concentrations of recorded violations are displayed in Figure 50. These concentrations are visible north of Seminole Street between Vine and Pennsylvania Avenues, along North Martin Luther King Jr. Avenue between Palm Bluff and Tangerine Streets, and east of North Betty Lane between Overlea and Springdale Streets. These concentrations correspond with primarily single-family residential areas. Figure 48 Top Five Code Violation Categories Figure 49 Top Five Structural Violation Categories top 5 violation categories VegetationOvergrowthUnmaintainedRight-of-Way Yards and Landscaping Exterior Storage InoperableVehicle 32% 20%18% 16%14% Top 5 structure violation categories Doors and Windows Exterior Surfaces Roof/RoofElements Electrical Systems Interior Floors,Walls, Ceilings 33% 26% 23% 9%9% top 5 violation categories VegetationOvergrowth UnmaintainedRight-of-Way Yards and Landscaping Exterior Storage InoperableVehicle 32% 20%18% 16% 14% Top 5 structure violation categories Doors and Windows Exterior Surfaces Roof/RoofElements Electrical Systems Interior Floors,Walls, Ceilings 33% 26% 23% 9%9% Page 78 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Overlea St N MLK Jr AveJones St Eldridge St NOsceolaAveN Myrtle AveKings HwySunsetPoint Rd Palmetto St N Betty LnDense Sparse North Greenwood CRA Figure 50 Code Enforcement Hotspots Adopted xx.xx.2023 | Page 79 Existing Conditions 2.6 Public Engagement and Outreach Public engagement was conducted throughout the planning process to gather input from residents, business owners, and community organizations through topic education and informal communications. Engagement and outreach build community consensus for project preferences that will provide a better understanding of community needs, the marketplace, and similar communities to guide the development of the CRA Plan and its recommendations. Public Outreach Methods Property Owner and Occupant Mailing A direct property notification was conducted in January 2022 to announce the project and direct residents and tenants to the dedicated project website for background and meeting information. A total of 3,900 direct mailings were delivered. Project Website A project website was created at www.ngreenwoodcra.com and may continue as a city maintained CRA website in the future. Project background information, email contacts, polls, and announcements for upcoming workshops and surveys were hosted on the site. Community Survey An online survey was posted to the project website to collect public responses in June 2022. The survey sought participant responses on a similar exercise conducted during Workshop #3. Faith Leadership Community Roundtable A Faith Leadership Community Roundtable meeting was held on June 15, 2022, at the Curtis Museum with more than ten pastors or faith leaders, five members of the public, and five city staff and consultant team in attendance. Among the participants were representatives of several major North Greenwood churches and the CRA Plan Steering Committee. The purpose of this meeting was to engage the local faith community leaders in a brief education on the CRA Plan project and solicit their ideas on issues affecting the neighborhood, their perspectives as major landowners, and the potential for coordination and partnership in implementation strategies. Image of a Postcard for the North Greenwood CRA Page 80 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan The Roundtable engaged in an in-depth discussion that included issues affecting the faith community, both in rebounding from reduced attendance during the pandemic and how the faith community could assist in the implementation of the CRA Plan. The participants voiced commitment to assist in public-private partnerships, access to facilities, increased support of workforce training initiatives, and providing mentorship. Some of the major takeaways from the conversation include: • Efforts of the Coalition should be built upon• The continued need to identify strategies that lower recidivism and increase affordable housing• Need for social venues/facilities– rotate jazz, then gospel, etc.• Need to address vacant and unmaintained properties• Need to enforce code enforcement fines• Need to go beyond the surface and address the root of the problems • Importance of youth development, job training, and trade school programs• Churches are a potential partner in Pre-K to adult education programs• Urgent need to address the poverty level• Churches own many vacant or underutilized properties that can be repurposed• Variety of housing units needed, both public and private• Gentrification is the greatest threat • Potential to have individual church visions and missions come together to further the community vision with one voice Outreach Events Direct project outreach occurred at scheduled community events during the CRA Plan process. Early opportunities were limited due to ongoing pandemic distancing requirements. However, members of the consultant team attended, provided handout information, directed persons to website, and registered attendees at the following events to broaden the community’s understanding of the project. • Night at the Library - February 25, 2022• Juneteenth Celebration - June 18, 2022 Youth Engagement Event On June 30, 2022, city staff hosted an engagement event to ensure the future generation has a voice in this planning process. Middle school-aged attendees of the North Greenwood Recreation & Aquatic Complex’s summer program were invited to share their perspectives on the community. The following questions were asked to generate an interactive discussion: • Where do you like to go and why?• Where do you avoid / dislike?• Do you think you’ll stay in North Greenwood after high school?• What’s missing or what could be changed?• What would you like to see in the neighborhood / If you had a million dollars to spend here, what would you spend it on? The discussion spurred from these questions focused on a few key topics. The North Greenwood Recreation & Aquatic Complex was discussed in detail. Attendees expressed that the recreation complex is a place they feel safe, welcomed, and have fun with their friends. They wished to see it expanded or have an additional center in the neighborhood. They expressed the desire for more capacity, allowing more kids to join programs, reducing the waitlist for summer programs, and allowing those who have been removed to receive a second chance. They also expressed the desire to have more sports facilities of varying types both at the recreation complex and throughout the neighborhood. The attendees' most significant concerns with the neighborhood were safety and cleanliness. Many shared that they do not always feel safe in the neighborhood, mentioning criminal activities and violence. They also expressed that there was too much litter throughout the area, and it would benefit from more garbage cans. Adopted xx.xx.2023 | Page 81 Existing Conditions When asked if they would stay in the neighborhood after high school graduation, several varying answers were provided. In general, younger participants expressed a strong desire to stay to be near friends and family. Older participants who are closer to graduation tended to say that they plan on leaving to pursue their career and educational goals but hope to return to the neighborhood at some point. Several conveyed they would be more likely to stay in the neighborhood if there were employment opportunities in or nearby North Greenwood. Other desires mentioned by attendees were: • Helping and uplifting the homeless population• Increase road safety and reduce crashes• More parks and outdoor sports facilities• Environmental organizations or volunteer opportunities• Affordable housing• Opportunities to be exposed to new technologies Community Workshops A series of four community workshops were held throughout the planning process. The meetings were held at the North Greenwood Recreation & Aquatic Complex and attended by a mixture of neighborhood residents, business owners, and other stakeholders. The events were advertised through multiple city social media accounts, a digital message board at the North Martin Luther King Jr. Avenue and Palmetto Street intersection, sign boards along major rights-of-way, and posters at key community building entries. The property owner and physical address post-card mailing discussed in the previous section included an invitation to Workshop #1. Community Workshop #1 Community Workshop #1 was held on February 24, 2022, and was a great success, with more than 93 members of the public in attendance. Among the attendees were representatives of the North Greenwood Steering Committee, multiple community non-profits, faith-based organizations, business owners, and homeowner associations. The purpose of the first workshop was to answer the question, “Where are we now?”. Workshop Exercise – SWOT Analysis Attendees worked in small groups to participate in a Strengths, Weaknesses, Opportunities, and Threats (SWOT) analysis. Each table held engaging discussions and then reported on what was discussed to the larger gathering. The findings were wide-ranging and addressed many large- and small-scale issues. These issues were incorporated into this North Greenwood CRA Plan’s strategies and fueled the discussion in the following workshops. Participants at a Community Workshop Page 82 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Workshop #1 Take-Aways A range of responses was provided through the SWOT analysis. The following responses represent frequently mentioned topics. Strengths • North Greenwood Recreation and Aquatic Complex• Curtis Museum• Community residents• Greenwood Panthers Football• Stevenson Creek Weaknesses • Sidewalks• Housing costs• Drugs• Public amenities• Traffic speed Opportunities • Stevenson Creek• Jack Russell Stadium• Old Elk’s Lodge• Trade school• Pinellas Trail development Threats • Gentrification• Housing costs• Crime• Drugs• Displacement Community Workshop #2 Community Workshop #2 was held on April 19, 2022, with more than 65 in attendance. The purpose of this workshop was to answer the question “Where are we going?”. Workshop Exercise – Neighborhood Framework Mapping Attendees worked in small groups focused on identifying neighborhood framework conditions. This exercise informed the creation of the Diagrammatic Plan detailed in Chapter 4 Plan Implementation. Participants were encouraged to consider the SWOT results to identify specific locations and potential future strategies to address the concerns they have with them. This exercise was used to synthesize a consensus diagrammatic plan. Participants at a Community Workshop Adopted xx.xx.2023 | Page 83 Existing Conditions Workshop #2 Take-Aways Table reports provided key topics for each of the five basic elements (Paths, Edges, Districts, Nodes, and Landmarks), shown in the "Image of The City" by Kevin Lynch on page 102. The following are the most common of the responses provided at the workshop. Paths • Pinellas Trail• North Martin Luther King Jr. Avenue• North Fort Harrison Avenue Edges • Stevenson Creek• Clearwater Harbor• CSX Railroad Districts • North Martin Luther King Jr. Avenue • Stevenson Creek• North Fort Harrison Avenue Nodes • North Martin Luther King Jr. Avenue and Palmetto Street• Seminole Street and North Fort Harrison Avenue• North Fort Harrison Avenue and North Myrtle Avenue Landmarks • Curtis Museum• North Ward School• Bridge on Pinellas Trail over Stevenson Creek• Numerous community churches Community Workshop #3 Community Workshop #3 was held on June 13, 2022, with more than 69 members of the public in attendance. The purpose of this workshop was to answer the question, “Where do we want to go?”. Workshop Exercise – Community Survey Attendees participated in a group activity by completing an electronic survey. Attendees were issued Turning Point digital keypads and led through a questionnaire that included demographic, strategy, and vision questions to help shape the CRA Plan. These questions were identical to those asked in the Community Survey. Workshop #3 Take-Aways The following charts display responses to a selection of the survey questions. Page 84 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Figure 52 What type of housing units are most needed? Figure 53 What recreational uses should be along Stevenson Creek? Parks / Open Space Streetlights Sidewalks Shade Trees Community Policing Traffic Calming Public Parking Other (Please Specify) 49 26 26 19 18 11 9 6 Workshop 3 Question 1 Workshop 3 Question 2 Any Type that is Affordable Single-Family Multifamily Apartments Du-, Tri-, or Quadplex Units Multifamily Condo Accessory Dwelling Units Micro-Units Unsure/No Opinion 44 20 16 14 10 3 40 37 Boardwalk Seating/Viewing Fishing Kayak/Canoe Launch No Additional Access 41 26 3 34 31 Workshop 3 Question 3 Workshop 3 Question 4 Other Challenges Aging in Place Homelessness Gentrification/Displacement Crime/Drugs Employment inNeighborhood Housing Costs 5.9 3.3 2.93 2.88 2.12 4.26 3.92 Parks / Open SpaceStreetlightsSidewalksShade TreesCommunity PolicingTraffic CalmingPublic ParkingOther (Please Specify)49262619181196Workshop 3 Question 1 Workshop 3 Question 2Any Type that is AffordableSingle-FamilyMultifamily ApartmentsDu-, Tri-, or Quadplex UnitsMultifamily CondoAccessory Dwelling UnitsMicro-UnitsUnsure/No Opinion 442016141034037 Boardwalk Seating/Viewing Fishing Kayak/Canoe Launch No Additional Access 41 26 3 34 31 Workshop 3 Question 3 Workshop 3 Question 4 Other Challenges Aging in Place Homelessness Gentrification/Displacement Crime/Drugs Employment inNeighborhood Housing Costs 5.9 3.3 2.93 2.88 2.12 4.26 3.92 Figure 51 What amenities do you want most in the neighborhood? Parks / Open Space Streetlights Sidewalks Shade Trees Community Policing Traffic Calming Public Parking Other (Please Specify) 49 26 26 19 18 11 9 6 Workshop 3 Question 1 Workshop 3 Question 2 Any Type that is Affordable Single-Family Multifamily Apartments Du-, Tri-, or Quadplex Units Multifamily Condo Accessory Dwelling Units Micro-Units Unsure/No Opinion 44 20 16 14 10 3 40 37 Boardwalk Seating/Viewing Fishing Kayak/Canoe Launch No Additional Access 41 26 3 34 31 Workshop 3 Question 3 Workshop 3 Question 4 Other Challenges Aging in Place Homelessness Gentrification/Displacement Crime/Drugs Employment inNeighborhood Housing Costs 5.9 3.3 2.93 2.88 2.12 4.26 3.92 Figure 54 What are the biggest challenges facing North Greenwood? Parks / Open Space Streetlights Sidewalks Shade Trees Community Policing Traffic Calming Public Parking Other (Please Specify) 49 26 26 19 18 11 9 6 Workshop 3 Question 1 Workshop 3 Question 2 Any Type that is Affordable Single-Family Multifamily Apartments Du-, Tri-, or Quadplex Units Multifamily Condo Accessory Dwelling Units Micro-Units Unsure/No Opinion 44 20 16 14 10 3 40 37 Boardwalk Seating/Viewing Fishing Kayak/Canoe Launch No Additional Access 41 26 3 34 31 Workshop 3 Question 3 Workshop 3 Question 4 Other Challenges Aging in Place Homelessness Gentrification/Displacement Crime/Drugs Employment inNeighborhood Housing Costs 5.9 3.3 2.93 2.88 2.12 4.26 3.92 Adopted xx.xx.2023 | Page 85 Existing Conditions Community Workshop #4 Community Workshop #4 was held on Tuesday, August 2, 2022, with more than 68 members of the public in attendance. The purpose of this workshop was to answer the question, “How do we get there?”. Workshop Exercise – Strategy Review Twelve draft people-based strategies for this CRA Plan were presented to workshop participants. Participants were invited to comment, ask questions, or recommend new strategies. After the discussion, participants were given eight tickets to vote for their top strategies. Workshop Exercise – Infill Development Mapping Participants were asked to complete a tabletop exercise identifying locations they would like infill housing to occur and what intensity of development they would prefer. They were provided with a tabletop map with major community features and current vacant parcels. Workshop #4 Take-Aways The following list shows the workshop participants' top-five people-based strategies as presented or developed during the dialogue. • Strategy A (73 Votes) - Increase home ownership through funding support of housing development grants, low-interest loans, financial literacy education, or other programs as appropriate to protect existing and expand home ownership.• Strategy L (56 Votes) - Work with partners to reduce crime through youth outreach, education, and youth-to-youth mentorship.• Strategy B (52 Votes) - Establish grant funding opportunities to assist current homeowners to make life / safety improvements to remain in their homes. • Strategy F (43 Votes) - Work with partners, including the Pinellas County School District, to leverage the planned middle school “Innovation” program delivery and Pinellas Technical (P-Tech) adult education program expansion at the Clearwater Intermediate School campus for skilled workforce training, youth-to-youth mentorship, and increased year-round employment opportunities.• Strategy M (43 Votes) - Attendees recommended adding a new strategy focused on early childhood development and childcare. The Infill Development exercise garnered a large variety of responses, but a general pattern emerged among the exercise groups. The trends in the expressed preferences included: • Protect the single-family scale of the center of the residential neighborhood (roughly from North Myrtle Avenue to Clearwater Intermediate School)• Allow accessory dwelling units, duplexes, triplexes, or quadplexes in some or all of the single-family areas• Allow medium- or high-density development on larger lots and west of North Myrtle Avenue• Encourage commercial or mixed-use development along North Martin Luther King Jr. Avenue• Encourage commercial development along Pinellas Trail These areas and potential corresponding residential development types are shown in Figure 55 on the following page. Page 86 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Figure 55 Infill Residential Development Adopted xx.xx.2023 | Page 87 Existing Conditions 2.7 Existing Conditions Summary The planning process for the CRA Plan included an extensive community outreach and engagement program with four public workshops, community events, steering and technical committee meetings, and a project website. Information was collected through interactive meeting exercises that questioned participants on strengths, weaknesses, opportunities, and threats affecting the community. Participants identified major emphasis areas where key community features exist, and completed online surveys and polls to gauge public opinion on relevant topics, the vision, goals, and strategies. The CRA Plan’s technical analysis included demographics, transportation, public facilities, and infrastructure systems. Based on this analysis, a review of issues and opportunities identified through the public outreach program, implementation strategies were identified with both people- and place-based investments. The community has been clear in their desire to engage in equitable development that supports neighborhood change in a holistic manner addressing residents’ physical, health, housing, transportation, educational, and employment needs. They are especially concerned about preparing youth to enter the workforce, reducing recidivism rates for current residents, and providing more high wage jobs within the CRA. Affordable housing and preventing displacement as new development occurs is also a primary concern. The existing conditions assessment shows that direct investment in these areas is needed to reduce poverty and support better health outcomes. Fortunately, the North Greenwood area has many physical and community assets that constitute a strong foundation on which to implement redevelopment strategies. It is situated between Downtown Clearwater and Dunedin and adjacent to Clearwater Harbor near major roadways and the Pinellas Trail. It has no major infrastructure gaps or poor environmental conditions. There are several well maintained city, school, and county recreational, educational, and cultural facilities. There are numerous non-profit organizations that deliver social service, cultural, and recreational programming within the community. The existing conditions analysis found a need to expand access to or make improvements to current public facilities, but there is not a need to build new public buildings or major infrastructure. There is an opportunity to strengthen the capacity of current non-profits to enable them to serve more residents and to encourage greater coordination among current organizations. However, there was not a identified need to establish new community-based organizations. The primary commercial redevelopment opportunities that emerged were in the Old Bay District on North Fort Harrison Avenue and on the historic North Martin Luther King, Jr. Avenue corridor. Development in these areas which contain numerous vacant parcels and buildings will add to the tax value without causing direct displacement. As a landowner in the area, the city has the opportunity to play a significant role in catalyzing the revitalization of the North Martin Luther King, Jr. Avenue corridor in a way that meets the community’s desire to bring back this corridor as a center for black-owned businesses. There are less existing opportunities for large residential developments, outside of mixed use projects in the Old Bay District. There is a need to repair and preserve the existing single-family housing stock which is over 50 years old. New housing will be obtained through infill on vacant lots and partnerships with small scale housing on publicly-owned sites, like the Martin Luther King, Jr. Community Center site. Infill design guidelines and historic preservation will be useful tools to preserve the community’s physical character and sense of place. Page 88 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Attracting and retaining businesses and providing affordable housing will require changes to the urban form of the CRA. These changes could result in displacement. The existing conditions clearly showed that low- and moderate-income renters, particularly the 16% that are transit dependent, are vulnerable to displacement. The majority of residents in North Greenwood are cost burdened and are also vulnerable to displacement as property values and costs of living continue to rise. Ensuring equitable redevelopment requires that the plan is implemented in a way that minimizes or prevents negative impacts on vulnerable populations. One example of how equity is maintained is by keeping neighborhood-based recreation centers, library, schools, and businesses so that residents can utilize these services without access to a car. North Greenwood is well positioned for revitalization and to turn around decades of persistent poverty. The city can build on its past investments in facilities and infrastructure by shifting to an expanded focus of investing in people and organizations to increase educational attainment, attract high wage jobs, and improve public health. Additional investments to reduce the cost burden of housing and strengthen local cultural and civic organizations will keep residents in their homes and maintain North Greenwood’s historic legacy as a vibrant black community. Strong partnerships between government entities, the private sector, and the community will be fundamental to success. Former North Ward Elementary School Adopted xx.xx.2023 | Page 89 Existing Conditions Page intentionally left blank 3. Vision, Goals, & Redevelopment Policies 3.1 Vision | 3.2 Goals & Objectives | 3.3 Redevelopment Policies Page 92 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan 3.1 Vision The CRA Plan recognizes the need for a bold and committed approach to the future. Many of the underlying blighted area conditions are large in scale and have been created over many decades. It is expected that improving them will take time. Sustained public and private actions will be necessary over the 20-year planning horizon to increase affordable housing, improve economic development and employment, improve mobility, and eliminate the pervasive effects that poverty has had on North Greenwood. As such, the CRA Plan calls for actions that will significantly change the conditions of the neighborhood and will move the area toward greater economic independence. The CRA Plan has been developed using a combination of good planning practice and public involvement with a strong emphasis on balancing the economic, environmental, and community quality of life needs of the CRA’s current and future residents. It identifies substantial investments in people- and place-based improvements. It is anticipated that the city will want the CRA to self-finance future implementation projects from the reinvestment of future collected TIF funds within the CRA. The reinvestment of TIF funds within the CRA will reduce the blighted area conditions identified in the Finding of Necessity Study and will create a higher rate of taxable value return to both the CRA and the city, particularly after the CRA sunsets. The vision statement was prepared through the planning process in community engagement and outreach. It represents the consensus received and should be used as a guidance statement for future implementation actions. North Greenwood will flourish as a vibrant community where social and economic equity is prioritized to eliminate poverty and enhance the quality of life for all. The success of North Greenwood will be achieved through people-based solutions, academic excellence, the improvement of existing infrastructure, and the creation of new spaces that will foster a thriving and sustainable future. Adopted xx.xx.2023 | Page 93 Vision, Goals, & Redevelopment Policies 3.2 Goals & Objectives The redevelopment will be guided by several overarching redevelopment goals. While many of the recommended redevelopment goals are large in scope, a great deal of thought has been put into their feasibility or ability to implement. All recommended goals are implementable. Objectives have been developed based on the data captured through the Finding of Necessity Study and Chapter 2 Existing Conditions. This plan has created SMART (Specific, Measurable, Attainable, Relevant, Timebound) objectives based on available data. In cases where data was not available, CRA staff should create updated SMART objectives as part of the implementation process. Goal 1: Public Safety Strengthen relationships between residents, neighborhood organizations and public safety providers to improve public safety. Objectives: • Reduce crime committed by youth ages 16-25 by 50% from 2021 to 2043.• Reduce fire and EMS calls to at or below the citywide call rate per 1,000 population by 2031.• Reduce the top five code compliance violations to at or below the citywide level by 2043.• Reduce the top five building code violations to at or below the citywide level by 2043. Goal 2: Mobility Increase the safety of and access to active forms of transportation. Objectives: • Identify the primary causes of conflicts involving pedestrians and bicyclists in the CRA and develop a plan to reduce them.• Increase the number of residents using active transportation (walking, bicycling, transit) in the CRA.• Encourage increased ridership on the Pinellas Trail. Goal 3: Poverty Reduction Increase access to high paying jobs for the residents of the North Greenwood CRA both within and outside of the area through workforce development, business assistance programs, and support for entrepreneurs. Objectives: • Increase the employment density above the 2022 measure by 2043. • Decrease the unemployment rate below the 2022 measure by 2043.• Decrease the percent of households below the poverty level by 2043.• Increase the median household income to match or exceed the citywide median income by 2043.• Reduce the percent of area qualified for CDBG.• Increase job placement and job retention rate for ex-offenders returning to North Greenwood.• Reduce recidivism rates for ex-offenders living in North Greenwood.• Improve transit access to education and employment centers. Page 94 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Goal 6: Invest in Youth Provide opportunities for youth in North Greenwood to live healthy and economically secure lives. Objective: • Increase the supply of early childhood education providers who can deliver quality education programs for ages 0 – 5. • Achieve a senior graduation rate of 90% for all high school seniors in the CRA.• Provide opportunities for afterschool and year-round employment for youth.• Develop apprenticeship programs that prepare youth for careers in Pinellas County’s targeted industries.• Identify partnerships and programs where the faith community can lead youth initiatives. 3.3 Redevelopment Policies Community revitalization is a long-term process that requires responsiveness and adaptability to changing conditions. While the vision and goals will remain stable throughout the 20-year plan period, the objectives and strategies are likely to change based on new information. The redevelopment policies are designed to apply to strategy implementation as well as land redevelopment. They should be used to prioritize the timing of redevelopment projects, financial investments, and the kinds of partnerships the CRA will undertake to implement plan goals. Goal 4: Housing Affordability Provide safe and affordable housing options for residents at all stages of life allowing them to age in place. Objective: • Reduce the percent of households that are housing cost burdened to below the 2022 percentage by 2043.• Reduce the number of vacant lots through construction of new residential development that is compatible with the character of the community.• Increase the amount and types of affordable housing.• Increase existing home ownership rates.• Reduce the amount of people experiencing homelessness. Goal 5: Quality of Life Sustain a high quality of life through community engagement, access to recreational opportunities, celebrating the unique culture of North Greenwood, improving public health, and protecting the environment. Objective: • Preserve and expand the community’s historic and cultural resources.• Provide increased access to the city and county’s cultural, recreational, and educational facilities.• Reduce the percentage of residents living with preventable, chronic health conditions.• Coordinate community engagement efforts to ensure the efficiency and effectiveness of plan implementation.• Build public infrastructure that protects the environment and improves health outcomes for residents. Adopted xx.xx.2023 | Page 95 Vision, Goals, & Redevelopment Policies Racial Equity & Co-Creation We recognize that people of color have been disproportionally impacted by poverty, CRA investments will be intentionally designed to improve outcomes for people of color. The faith community, Clearwater Urban Leadership Coalition, the school system, and many other organizations have worked for a long time in North Greenwood for the betterment of the neighborhood. Staff commits to collaborating with the community to create new programs, redevelop vacant properties, and determine investment levels in each goal area. Implementing at the Intersection We recognize that complex problems require collaborative solutions and that achieving the recommended objectives for one goal area, ex. Public Safety, may be found through solutions in another goal area, ex. Quality of Life. Staff will identify and sustain partnerships and programs that fulfill multiple goals within the organization and with external partners. Aging in Place The community expressed a strong desire to “age in place”. Staff will implement strategies that provide housing and transportation choices that serve all phases of life. Building Community Capacity Investment strategies will directly benefit the residents, non-profit organizations, and businesses that currently exist in the CRA. Staff should identify a neighborhood provider first, before seeking partners outside the district to implement programs. We recognize that the government cannot do this work alone. The private sector will be an important partner to help bring the North Greenwood vision to life. Evaluate & Adapt Every implementation strategy should answer the questions, “Who are we targeting for this strategy and what outcomes do we want for them?” Staff should collect data on the efficiency and effectiveness of plan expenditures as part of the CRA annual reporting process and adapt as needed to meet plan goals and objectives. Vacant Land Redevelopment The CRA will prioritize the use of publicly owned vacant lots in residential areas for affordable housing. The CRA will prioritize the use of publicly owned vacant lots in commercial and industrial areas for employers in target industries. Infill construction should be compatible with the current community character. The portion of the CRA known as the Old Bay District is governed by the Clearwater Downtown Redevelopment Plan. The character and standards of the Downtown District take precedent. Housing Grant programs will prioritize keeping existing residents in their homes through funding for addressing property maintenance and building code issues and reducing visual blight. Programs should provide a balance of rental and home ownership opportunities. Public Safety The plan recognizes that sending more people to jail does not increase long term public safety. Public safety officials will prioritize their efforts to building relationships with young adults ages 16-25 and returning citizens to deter criminal behavior. Program funding should be directed to identified “hot spots” for crime and code enforcement. Annexation The city should work to annex properties in the unincorporated areas to provide standardized service delivery, especially sanitary sewer service, throughout the CRA area. 4. Plan Implementation 4.1 Overview | 4.2 TIF Projections | 4.3 Funding Recommendations4.4 Diagrammatic Plan & Area Descriptions | 4.5 Plan Implementation Page 98 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan 4.1 Overview This chapter provides an overview of the sources of funding, redevelopment opportunities, and implementation partners for this plan. It also recommends strategies to meet the goals and objectives in Chapter 3. The Community Redevelopment Agency staff will take the lead role in coordinating the efforts of the city departments and community organizations working on plan implementation. They also prepare funding and program recommendations for consideration by the Community Redevelopment Agency Trustees. Many of the recommendations in this plan are outside of the typical services offered by the City of Clearwater and require forming new partnerships and approaches to service delivery. 4.2 TIF Projections The creation of a new community redevelopment area requires the establishment of a companion redevelopment trust fund used to collect, hold, and disburse the tax increment that grows (if redevelopment is occurring) from the established base year through the life of the CRA Plan. It is the intent to use 2022 as the base year of this plan with a 20-year planning period ending in 2043. Any increase in taxable value over the base year, referred to as “tax increment funds” or “TIF” is collected from the city and county and distributed to the redevelopment trust fund on an annual basis. State law requires that monies in the trust fund are used to implement the strategies and projects identified in the CRA Plan and within the community redevelopment area. The purpose of estimating future tax increment is to identify financial gaps between the anticipated increase in tax revenues generated by new development and the costs of implementing the plan’s redevelopment strategies. Plan implementation occurs as soon as the CRA Plan is adopted. The generation of a significant amount of increased tax revenues can take several years. A mixed-use redevelopment project may take anywhere from 2-4 years to move from concept, to zoning entitlement, to permitting, to construction, and then added to the tax roll. Another consideration is that there are plan recommendations that may increase an individual’s income improving their economic condition that does not increase the taxable value of a property. Those types of successes are not reflected in the TIF projection table. Table 11 includes a 20-year projection, using 2021 as a base year, of total taxable values, total tax increment values, and total TIF revenues collected. These projections are built on the assumptions that the city and the county will maintain their current millage rates (5.8850 and 4.7398 respectively). The projections do not include special tax exemptions. The city and county will contribute 95% of the tax increment. The county can choose to contribute less than 95% through a process which is described in detail later in this section. Redevelopment of vacant infill lots and small commercial properties in the North Martin Luther King, Jr. Avenue corridor will occur slowly and at a small scale requiring public subsidy. The city estimates a yearly increase of 3% in taxable value to reflect smaller scale new construction and renovations. Adopted xx.xx.2023 | Page 99 Plan Implementation The real estate market is at a peak and double-digit growth in the value of single-family homes in this area is not anticipated. There has been a significant amount of land assembly by the private sector in the Old Bay District and it is not anticipated additional land assembly on that scale in other areas of the North Greenwood CRA. The city anticipates $100 million in new taxable value to be added between years 6 and 12 predominately in the Old Bay District. This is shown as a 4-6.5% increase in taxable value in years 6-12 in addition to the base increase of 3%.Based on the plan recommendations, large parcels of land and buildings that are currently owned by public entities and non-profits will be improved, but will remain tax exempt to provide affordable housing, youth development, and other cultural programs. The North Greenwood CRA is intended to begin with a year one base year of 2022; however, Pinellas County certified data for 2022 was not available at the time of writing, therefore 2021 taxable value has been used. The taxable value of the CRA in year one (2021) is $193,652,086. Using the estimates of yearly increase, the taxable value of the CRA in year 2042 is estimated to be $496,250,244. This will result in an estimated total tax increment payment (funds available to spend on plan implementation) of $28,650,846 with $12,781,349 from the county and $15,869,497 from the city. The estimated TIF payments begin to exceed $300,000 in year five which would allow the CRA to begin to invest in larger projects. This is an estimate for planning purposes and actual annual taxable growth will be different and based upon actual market conditions. Tax increment is one source of revenue and subject to several state and local restrictions. This plan identifies additional sources of revenue to support plan implementation. State of Florida redevelopment statues (Ch. 163) restrict the use of TIF funds to activities that directly support the redevelopment of property to preserve or increase the supply of affordable housing, community policing, and blight reduction. The county adopted Ordinance 21-48 in 2021, regulating the creation of new community redevelopment areas and the use of tax increment funds. The ordinance establishes county priorities and requires tax increment payments to be used towards affordable housing, economic development and employment, and mobility initiatives. In order to maintain the Housing on Marshall Street full (95%) contribution of county TIF, a minimum of 50% of the total TIF revenue, just over $14 million, must be used in the county priority areas. The CRA is required to develop revenue projections as part of the budgeting process and to report on all TIF expenditures by project category on an annual basis to the county and state governments. Page 100 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Base Year Plus 1 Year 5 Year 10 Year 15 Year 20 City Millage Rate 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 County Millage Rate 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 EstimatedTotalProjection BaseYear TaxableValue Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year 2021 2022 2026 2031 2036 2041 District FY22 FY23 FY27 FY32 FY37 FY42 FY23 to FY42 North Greenwood - Tax Year 2021 193,652,086 Total Value Change: %3.00%3.00%9.00%3.00%3.00% Total Taxable Value 193,652,086 199,461,648.58 224,495,842.73 308,734,685.58 428,069,819.78 496,250,244.06 Tax Increment Value 5,809,562.58 30,843,756.73 115,082,599.58 234,417,733.78 302,598,158.06 Total Value Change: $ 5,809,562.58 6,538,713.87 25,491,854.77 12,468,053.00 14,453,890.60 County Tax Increment Payment 95% 26,159.36 138,883.58 518,195.08 1,055,538.52 1,362,542.01 12,781,349.42 City Tax Increment Payment 95% 32,479.81 172,439.73 643,398.04 1,310,570.95 1,691,750.65 15,869,496.88 Grand Total 58,639.17 311,323.31 1,161,593.12 2,366,109.46 3,054,292.66 28,650,846.30 Table 11 TIF Projections Adopted xx.xx.2023 | Page 101 Plan Implementation 4.3 Funding Recommendations There are two primary sources of funding identified for plan implementation - TIF revenue and federal ARPA funds. Tables 12 and 13 show how the plan recommends allocating funding by goals for ARPA and by the county's priority categories for TIF revenue. The city has allocated $5 million of ARPA funding that must be allocated by the end of 2024 and spent by the end of 2026. ARPA funds are prioritized for direct poverty reduction activities. As an area with an Urban Revitalization designation, the North Greenwood CRA will receive a base contribution of 70% of the county TIF revenues. To receive the remaining 25%, the city must commit to spending 50% of all (city and county) TIF revenues in three priority areas as described in Section 2.4. This is just over $14 million. Because there are greater restrictions on how TIF funds can be used, it has been primarily reserved for programs that would address housing affordability and creation of employment opportunities, consistent with the county’s priorities. The city has general funds allocated to city operations and capital improvements in this area. CRA staff should work with local non-profits to obtain additional funds through private and public grants. TIF Expenditure Priorities In 2021, Pinellas County adopted new policies governing the use of TIF funds in CRAs to align expenditures of county TIF with its comprehensive plan. The North Greenwood CRA will receive a base contribution of 70% of the County TIF revenues, and can receive the remaining 25% if it commits to spending 50% of all (city and county) TIF revenues in the three priority areas. This is just over $14 million. There are three county priority areas which are briefly described below. Recommended TIF Expenditures 2023-2043 Category Amount Affordable Housing $13 million Economic Development & Employment $9.5 million Mobility $2 million CRA Administration $4 million Total:$28.5 million Recommended ARPA Funds by Goal and Redevelopment Sites Goal 1: Public Safety $500,000 Goal 2: Mobility $100,000 Goal 3: Poverty Reduction $2,300,000 Goal 4: Housing Affordability $450,000 Goal 5: Quality of Life $400,000 Goal 6: Invest in Youth $950,000 Redevelopment Sites $300,000 Total:$5,000,000 Table 12 Recommended TIF Expenditures Table 13 Recommended ARPA Expenditures Affordable Housing: Rehabilitation, Preservation, and Creation of Housing Affordable housing funds must address income-restricted affordable housing units and prevent displacement for households making less than 120% Area Median Income (AMI). This includes rehabilitation of income-restricted affordable housing units, development of small-scale infill units compatible with existing residential areas, site preparation work, and loan assistance programs for low-income homeowners. This funding could also be used toward mixed-income developments. The focus is not on creating larger scale housing development, but on providing new housing that is in character with the existing neighborhood fabric. Page 102 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Economic Development and Employment: Increase in Quality Employment Increase quality employment opportunities, particularly in the county target industries. This includes site preparation, infrastructure improvements to support redevelopment of a site to attract target industries, and relocation of site residents and businesses to facilitate a capital improvement project. Mobility Improve transit, walking, and biking options and access to transit. This includes capital investments for intermodal facilities, sidewalks, bicycle lanes, and parking connected to public transportation. 4.4 Diagrammatic Plan & Area Descriptions Diagrammatic Plan Florida Statutes require a diagrammatic plan to be included in the CRA Plan. Workshop #2 participants were provided a background introduction to Kevin Lynch’s – “Image of The City” five basic elements of wayfinding (e.g., Path, Edge, Landmark, District, and Node). These elements provided an organizational technique for participants to map and describe major emphasis areas in North Greenwood. This interactive process was a transparent method to collect broad community comment that was then synthesized into a consensus diagrammatic plan. The workshop participants’ identification of key locations for the five basic elements provided a pattern of development. Several reoccurring comments included the importance of North Greenwood’s history, its people, and the importance of having access to local businesses on North Martin Luther King Jr. Avenue. The success of neighborhood schools, library, museums, and the number of local churches that helped to create a cultural framework was seen as being critically important, as well as the physical routes through the neighborhood. “Image of The City” Elements by Kevin Lynch Emphasis Areas The diagrammatic plan shown in Figure 56 includes specific place-based emphasis areas where the highest concentration of responses from Workshop #2 participants occurred. The diagrammatic plan used main community elements to organize emphasis areas. Major and minor roadway corridors, the Pinellas Trail, land uses, and specific comments heard during the process were used to identify generalized emphasis areas that captured the highest concentration of wayfinding responses by participants. These response concentrations reinforced the emphasis area’s importance to the community and included potential opportunities where redevelopment strategies may be calibrated to the specific location and the identified needs. Table 14 at the end of this chapter summarizes recommended land use changes and specific redevelopment projects by emphasis area. Adopted xx.xx.2023 | Page 103 Plan Implementation Figure 56 Diagrammatic Plan Page 104 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Area A: North Ward Elementary School / Seminole Boat Ramp Area General Characteristics This area is centered around the high visibility intersection of North Fort Harrison Avenue and Seminole Street. The North Ward Elementary School was a former Pinellas County school property that was purchased by the city in 2019 and historically landmarked by the State of Florida due to its importance to Black/African American culture and architectural features. The school was in operation from 1915 to 2009. The city will be seeking a development partner for an adaptive reuse project. The city’s Seminole Boat Ramp is a highly used public trailered boat launch that was improved in 2018 following recommendations contained within the North Marina Area Master Plan. Also in the area are the Francis Wilson Playhouse, a performing arts center, and the Clearwater Garden Club building. The recent completion of the Marina Bay 880 private mid-rise condominium project represents increasing private development interest in this area. The area is regulated by the Clearwater Downtown Redevelopment Plan and Downtown District and Development Standards. The high amount of vacant properties adjacent to the area represents the potential for larger catalytic redevelopment projects that could provide increased benefit to the CRA for housing options, community supportive retail, and increased future tax increment funds generation. Community input received during the planning process included support for protecting the historic building through adaptive reuse, the inclusion of higher-density residential product types in the surrounding area, and improved mobility connections throughout the area. Francis Wilson Playhouse Adopted xx.xx.2023 | Page 105 Plan Implementation 10 Nicholson St Seminole St Eldridge St N Fort Harrison AveNOsceolaAveEmphasis Area Francis Wilson Playhouse North Ward School 10 Seminole Boat Ramp Zoning Districts Downtown Low Medium Density Residential Preservation North Greenwood CRA Figure 57 Emphasis Area A Zoning Page 106 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Area B: North Fort Harrison Avenue / North Myrtle Avenue Corridors General Characteristics These two major parallel roadway corridors have the highest average annual daily trip (13k to 18.5k) counts through North Greenwood, linking Downtown Clearwater and Dunedin. The two corridors merge into a single roadway at the Fairmont Street intersection and Atrium Park at the north end of the corridors. The Pinellas Trail crosses North Myrtle Avenue at a pedestrian-activated signal at La Salle Street and runs between the two corridors through the southern half of the area. Most of the retail and commercial businesses located within the CRA Plan limits are located along North Fort Harrison Avenue and North Myrtle Avenue/Alt US 19. However, both storefront and parcel vacancy contribute to a lack of active foot traffic. The vehicular traffic movements are at higher speeds than posted and do not support a comfortable pedestrian environment. The Clearwater segment of the Pinellas Trail bisects North Greenwood and has one of the lowest amounts of use in the countywide trail network. It is not routinely used by residents, and current users are provided with limited knowledge or connection with the neighborhood. Increasing bicycle and pedestrian use on the trail could add to local business attraction. While the trail corridor occurs at the rear of many properties, other county locales (e.g., Dunedin, Tarpon Springs, etc.) have demonstrated the community benefit that adjacent businesses can capture with higher numbers of trail users and orientation of businesses to the trail corridor. The ability to easily connect to businesses off of the trail is limited by the existing vehicular guard rail barriers. The city’s planned reconstruction of North Fort Harrison Avenue will include design changes that will slow traffic and increase pedestrian safety. Forward Pinellas has completed a preliminary Alt US 19 Cultural Corridor report for the corridor that also seeks to increase community identity and connection to arts and cultural opportunities. Both of these proposed projects can help add to the North Greenwood community identity. Community input received during the planning process included support for increased use along the Pinellas Trail in the commercial business areas, the inclusion of higher-density residential product types in the surrounding area that is scaled to transition to stable single-family neighborhoods, and improved mobility connections throughout the area. Adopted xx.xx.2023 | Page 107 Plan Implementation 3 1 Sunburst Ct Marshall St Eldridge St Jones StN Garden AveNMyrtleAveN Fort Harrison AveEmphasis Area 1 Atrium Park 3 Garden Avenue Park Zoning Districts Commercial Downtown High Density Residential Industrial Research and Technology Institutional Low Medium Density Residential Medium Density Residential Office Open Space/ Recreation Preservation Figure 58 Emphasis Area B Zoning Painted Crosswalk at Eldrige Street and North Fort Harrison Avenue Page 108 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Area C: CSX Industrial Area / Armory Area General Characteristics The industrial area contains numerous businesses and potential for support and expansion for increased local employment. Existing businesses utilize the public street right-of-way for employee parking, truck delivery, and other services that pose a potential conflict for other users. The potential for an additional pedestrian trail along the CSX railroad line is possible to expand bicycle and pedestrian mobility through this portion of Clearwater. The state-owned Armory property is used by the city’s Parks and Recreation Department for offices and open storage. There is potential for future reuse if city needs for the property change.N MLK Jr AveEldridge St Emphasis Area Armory Building Zoning Districts Commercial Downtown Industrial Research and Technology Institutional Low Medium Density Residential Medium Density Residential Open Space/ Recreation North Greenwood CRA Figure 59 Emphasis Area C Zoning Community input received during the planning process included support for industrial uses and the desire for increased employment in the area. Lack of public parking for surrounding recreation events and local business employees was identified as an issue. Improvement of on-street parking, co-use of portions of the Armory property, or eventually adaptive re-use of the Armory building if not needed by the city in the future were identified as options. Adopted xx.xx.2023 | Page 109 Plan Implementation JR W Pennsylvania AveN MLK Jr AvePalmetto St Seminole St Emphasis Area North Greenwood Library J Jack Russell Stadium W Walter C Campbell Park R North Greenwood Recreation & Aquatic Complex Zoning Districts Commercial Industrial Research and Technology Institutional Low Medium Density Residential Medium Density Residential Medium High Density Residential Office Open Space/ Recreation Area D: North Greenwood Recreation & Aquatic Complex / North Greenwood Library Area General Characteristics The combination of these facilities creates a center point for the neighborhood. Both are tremendous community assets and experience a high level of use. There is a desire for enhanced access to parks and recreational activities throughout North Greenwood and expanded opportunities for young adult (18+) programs. The need for additional event parking was identified during public workshops. This includes regular use at the recreation complex as well as larger team events occurring at the adjacent Jack Russell Stadium and Walter C Campbell Park facilities. Community input received during the planning process included support for the community uses but sought additional access to fields and facilities through reduced requirements. Lack of public parking for surrounding recreation events was identified as an issue. Figure 60 Emphasis Area D Zoning Page 110 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Eldridge Street Right-of-Way North Greenwood Recreation and Aquatic Complex Adopted xx.xx.2023 | Page 111 Plan Implementation Area E: North Martin Luther King Jr. Avenue Corridor General Characteristics This is the neighborhood’s traditional local commercial business corridor and generally stretches from Palmetto Street to Carlton Street. There is a high level of vacant parcels and underutilized city ownership properties. The city-owned parcels include community uses that need to remain, including the co-located Suncoast Health Center, Police Substation building, and the Willa Carson Health Center. Portions of the former Elks Lodge property and vacant properties also provide additional corridor surface parking for businesses. The city-owned former Elks Lodge property is scheduled for demolition in the fall of 2022 due to building structural conditions, safety issues, and the presence of asbestos materials that drastically increase the rehabilitation costs. Redevelopment of this parcel and increased pedestrian activity along the corridor are needed. The city-owned parcels represent potential opportunities to activate business and possibly to include additional infill residential use. Community input received during the planning process included support for the re-emergence of the commercial business as a community feature. The former Elks Lodge was recognized as being neglected and requiring demolition. As one of the larger parcels in the corridor, redevelopment with a mixture of commercial, residential, and community use was supported. Reduced parking requirements or shared common improvements for surrounding businesses were supported to improve business viability. Tangerine St Grant St N MLK Jr AveEmphasis Area Zoning Districts Commercial Institutional Medium Density Residential Medium High Density Residential North Greenwood CRA Grant St Metto St Figure 61 Emphasis Area E Zoning Page 112 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Area F: Curtis Museum / Cherry Harris Park Area General Characteristics The Curtis Museum anchors the north end of the North Martin Luther King Jr. Avenue corridor. It occupies the first floor of the former Pinellas County School District’s Curtis Elementary School. The building is a great example of early 1920’s architecture. The museum is a critically important community cultural feature that needs to be supported and highlighted. The second floor is underutilized due to accessibility limitations. There is the potential for increased adaptive reuse of the upper floor and redevelopment of adjacent vacant parcels with residential or other supportive community uses. Outbuildings on the property house the First Rung program, a 501(C)3 workforce skills training program that has maximized its space. C N MLK Jr AveBeckett St Grant St N Madison AveEmphasis Area C Cherry Harris Park Curtis Museum Zoning Districts Commercial High Density Residential Institutional Low Medium Density Residential Medium Density Residential Office Open Space/ Recreation North Greenwood CRA Figure 62 Emphasis Area F Zoning To the north of the museum is Cherry Harris Park. This neighborhood park includes pavilions and a children’s playground. The pavilion is routinely used as a gathering place for residents. The remainder of the emphasis area is zoned for residential use, and existing vacant parcels should be promoted to redevelop with infill residential housing options. Community input received during the planning process included support for the Curtis Museum and its visibility as an important attraction in the county. The potential for increased activation of the building’s second floor with more museum programming or other uses, such as residential units, was discussed as an option. Adopted xx.xx.2023 | Page 113 Plan Implementation Area G: Clearwater Intermediate School / Martin Luther King Jr. Community Center / Cemetery Area General Characteristics The combination of these properties creates a large public ownership area in the eastern portion of the CRA, north of Palmetto Street, that contains community assets. Pinellas County School District recently announced the newly identified program and campus improvements that will occur at Clearwater Intermediate School in fall 2022. It will be renamed Clearwater Innovation School with a concentration on career academy programs. School District representatives identified that they intend to expand education programs with evening P-Tech (Pinellas Technical College) workforce training programs to increase campus activity in early evenings and expand skills training opportunities for residents. School District representatives mentioned new campus capital improvements and the re-institution of historic Pinellas High School colors (maroon and gold) as a link to the past community. Other cultural and recreational uses in this area include the Martin Luther King Jr. Community Center and Phillip Jones Park. The 2021 rediscovery of the North Greenwood Cemetery along Holt Avenue is being addressed by city and family representatives. The next steps to memorialize and honor the cemetery have not yet been finalized, though it is anticipated that an historical marker will be placed to memorialize the cemetery. Enhancements could include a memorial park or plaza with documentation of the cemetery’s history and linkage to those interned and local families. Community input received during the planning process included identification that the city’s Marshall Street Water Reclamation Facility (WRF) located along Stevenson Creek emits facility odors that need to be addressed. There is support for the community uses but sought additional access to fields and facilities through reduced requirements. Lack of public parking for surrounding recreation events was identified as an issue. P M Grant St Beckett St N Madison AveEmphasis Area M MLK Jr Community Center P Phillip Jones Park Clearwater Intermediate School Zoning Districts Commercial Institutional Low Medium Density Residential Medium Density Residential Medium High Density Residential Office Open Space/ Recreation Preservation Russell St Holt AveDouglas AveFigure 63 Emphasis Area G Zoning Page 114 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Area H: Stevenson Creek / Shuffleboard & Lawn Bowling Complex Area General Characteristics Stevenson Creek is a significant natural amenity that helps create a transition zone between Clearwater and Dunedin. The city has completed the previous dredging of silt, removal of nuisance species, and the installation of shoreline wetland mangrove plantings to improve water quality in the creek. Portions of the unincorporated county residential neighborhoods located north of the creek remain on septic fields and are within the creek watershed. Wastewater nutrients will continue to leach into groundwater that connects to Clearwater Harbor. Future voluntary annexation should be promoted to bring properties into the city jurisdiction and to remove the septic systems through connection to city services. The Shuffleboard & Lawn Bowling Complex is a city-controlled park that is located along the southern shoreline of the creek. Most of its programmed use occurs within the onsite buildings with no orientation to the creek. Protection of these natural resources and expanded recreational uses for residents and visitors could occur with the installation of boardwalks through the mangroves and sidewalks through the upland treed areas with passive park shelters. Community input received during the planning process included support for the increased recreational access to passive and non-motorized watercraft and opportunities for fishing. North Betty Lane Park Adopted xx.xx.2023 | Page 115 Plan Implementation L O B Overlea St N MLK Jr AveNOsceolaAveN Myrtle AveKings HwySunset Point Rd Palmetto St N Betty LnEmphasis Area Fire Station 51 B North Betty Lane Park O Overbrook Park L Shuffleboard & Lawn Bowling Complex Zoning Districts Commercial Downtown High Density Residential Institutional Low Medium Density Residential Medium Density Residential Medium High Density Residential Office Open Space/ Recreation Preservation North Greenwood CRA Figure 64 Emphasis Area H Zoning Page 116 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Area I: Calvin A. Hunsinger / Sandy Lane Schools Area General Characteristics Located in the northeast corner of the CRA Plan area, the Pinellas County Schools property includes two public schools: Calvin A. Hunsinger, a 109-student K-12 school, and Sandy Lane Elementary, a 340-student PK-5 school. Sandy Lane contains the Conservatory for the Arts and focuses on the arts and arts integration programs. The school campuses occupy a small portion of the property. Significant oak trees and a potential FEMA floodplain may limit the ability to intensify the property with any new development. However, underutilized portions of the property could be utilized for additional uses if agreeable with Pinellas County Schools. Community input received during the planning process included a high level of support for the schools and recognition that a large number of students walk along Kings Highway and North Betty Lane sidewalks to surrounding residential neighborhoods and that continued importance of good and safe routes were needed. The community identified that additional co-location and access to recreational courts would be great additions to this area. The lack of surrounding public recreational courts was identified as an issue, and the Pinellas County Schools properties were identified as an option. Calvin A. Hunsinger School Adopted xx.xx.2023 | Page 117 Plan Implementation Figure 65 Emphasis Area I Zoning 1 2 Sunset Point Rd N Betty LnKings HwyEmphasis Area 1 Calvin A Hunsinger School 2 Sandy Lane Elementary School Zoning Districts Institutional Low Medium Density Residential Medium Density Residential Unincorporated Areas Sandy Lane Elementary School Page 118 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Figure 56 Diagrammatic Plan and the subsequent emphasis area descriptions outlined the place-based opportunities in North Greenwood for physical improvement through renovation of current buildings, new construction on vacant or underutilized sites, and land use policies. Table 14 summarizes those recommendations with a project description, assigned project lead, estimated total cost, funding source, and timeline. The recommended land use, zoning and design standards are intended to prevent displacement and provide opportunities for a variety of housing options that are compatible with existing neighborhood character. The plan has identified two catalytic redevelopment projects – the North Ward School site and the North Martin Luther King Jr. Avenue corridor. It also recommends supporting renovations for the Curtis Museum and Martin Luther King Jr. Community Center with ARPA funding. The plan acknowledges the need for infill development on vacant sites throughout the neighborhood. Community Redevelopment Agency staff will meet with property owners of vacant sites and coordinate development efforts. Since there will not be a significant amount of TIF revenue until after year 10, financial support for infill development is slated to occur in years 2028 and later. Adopted xx.xx.2023 | Page 119 Plan Implementation Page intentionally left blank Page 120 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Area Wide Recommended Land Use Change and Redevelopment Opportunities Land Use, Zoning, and Design Standards Project Description Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Continue to prohibit short term rentals P&D Staff Time General Fund X X X X X Limit lot assembly in single-family areas P&D Staff Time General Fund X Update 1995 Residential Infill Study and establish design guidelines or new zoning district that addresses existing "small" lots and allows additional density to support missing middle housing P&D Staff Time General Fund X X Work with owners of small apartment complexes to avoid demolition and encourage preservation of affordable housing units P&D Staff Time General Fund X Redevelopment Opportunities Project Description Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Meet with the owners of vacant properties to develop a strategy for redevelopment CRA Staff Time TIF for Administration X Partner with an organization(s) to redevelop lots in single-family neighborhoods as affordable units CRA; ED&H Staff Time TIF for Administration X X X X Table 14 Emphasis Area Recommendations CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Adopted xx.xx.2023 | Page 121 Plan Implementation Area Wide Recommended Land Use Change and Redevelopment Opportunities Land Use, Zoning, and Design Standards Project Description Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Continue to prohibit short term rentals P&D Staff Time General Fund X X X X X Limit lot assembly in single-family areas P&D Staff Time General Fund Update 1995 Residential Infill Study and establish design guidelines or new zoning district that addresses existing "small" lots and allows additional density to support missing middle housing P&D Staff Time General Fund Work with owners of small apartment complexes to avoid demolition and encourage preservation of affordable housing units P&D Staff Time General Fund Redevelopment Opportunities Project Description Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Meet with the owners of vacant properties to develop a strategy for redevelopment CRA Staff Time TIF for Administration Partner with an organization(s) to redevelop lots in single-family neighborhoods as affordable units CRA; ED&H Staff Time TIF for Administration X X X X X CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Page 122 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Area A: North Ward School/Seminole Boat Ramp Area Land Use, Zoning, and Design Standards Project Description Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Continue to implement the Clearwater Downtown Redevelopment Plan and Downtown District and Design Standards P&D Staff Time General Fund X X X X X Redevelopment Opportunities Project Description Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Request Letters of Interest or issue RFP/Q for the private redevelopment of the North Ward School property with adaptive reuse of the structure and expanded mixed-use housing and public activity on the property P&D; CRA Staff Time General Fund; TIF for Administration X Provide grant funds to support historic preservation of the building and construction of community spaces on the North Ward School property CRA; ED&H; P&D $2,000,000 General Fund X X CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Adopted xx.xx.2023 | Page 123 Plan Implementation Area A: North Ward School/Seminole Boat Ramp Area Land Use, Zoning, and Design Standards Project Description Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Continue to implement the Clearwater Downtown Redevelopment Plan and Downtown District and Design Standards P&D Staff Time General Fund X X X X X Redevelopment Opportunities Project Description Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Request Letters of Interest or issue RFP/Q for the private redevelopment of the North Ward School property with adaptive reuse of the structure and expanded mixed-use housing and public activity on the property P&D; CRA Staff Time General Fund; TIF for Administration Provide grant funds to support historic preservation of the building and construction of community spaces on the North Ward School property CRA; ED&H; P&D $2,000,000 General Fund CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Page 124 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Area B: North Fort Harrison Avenue/North Myrtle Avenue Corridors Land Use, Zoning, and Design Standards Project Description Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Continue to implement the Clearwater Downtown Redevelopment Plan and Downtown District and Design Standards P&D Staff Time General Fund X X X X X Redevelopment Opportunities Project Description Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Support private infill residential and commercial redevelopment on vacant and underutilized properties CRA $3,000,000 TIF for Affordable Housing ($1m) and Economic Development ($2m) Area C: CSX Industrial Area/Armory Area Land Use, Zoning, and Design Standards Project Description Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Update zoning, site development, and fire code standards if needed to support shared commercial kitchens, multi-tenant flexible spaces, and shared driveway entries P&D; Fire; Public Works Staff Time General Fund X Redevelopment Opportunities Project Description Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Provide grants for renovations and build out to support new businesses CRA; ED&H $1,000,000 TIF for Economic Development CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Adopted xx.xx.2023 | Page 125 Plan Implementation Area B: North Fort Harrison Avenue/North Myrtle Avenue Corridors Land Use, Zoning, and Design Standards Project Description Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Continue to implement the Clearwater Downtown Redevelopment Plan and Downtown District and Design Standards P&D Staff Time General Fund X X X X X Redevelopment Opportunities Project Description Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Support private infill residential and commercial redevelopment on vacant and underutilized properties CRA $3,000,000 TIF for Affordable Housing ($1m) and Economic Development ($2m) X X X X X Area C: CSX Industrial Area/Armory Area Land Use, Zoning, and Design Standards Project Description Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Update zoning, site development, and fire code standards if needed to support shared commercial kitchens, multi-tenant flexible spaces, and shared driveway entries P&D; Fire; Public Works Staff Time General Fund Redevelopment Opportunities Project Description Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Provide grants for renovations and build out to support new businesses CRA; ED&H $1,000,000 TIF for Economic Development X X X X X CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Page 126 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Area D: North Greenwood Recreation & Aquatic Complex/North Greenwood Library Land Use, Zoning, and Design Standards Project Description Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 None Identified Redevelopment Opportunities Project Description Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 None Identified Area E: North Martin Luther King, Jr. Avenue Corridor Land Use, Zoning, and Design Standards Project Description Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Complete the North Martin Luther King, Jr. Avenue corridor design charette and accompanying recommendations P&D $60,000 General Fund ($25k);Forward Pinellas Grant X Redevelopment Opportunities Project Description Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Request Letters of Interest or issue RFP/Q to redevelop the former Elks Lodge property to add commercial, community use, and possibly compatible infill mixed residential development CRA; ED&H Staff Time TIF for Administration X X Support private infill residential and commercial redevelopment on vacant and underutilized properties CRA $6,000,000 TIF for Affordable Housing ($2m) and Economic Development ($4m) CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Adopted xx.xx.2023 | Page 127 Plan Implementation Area D: North Greenwood Recreation & Aquatic Complex/North Greenwood Library Land Use, Zoning, and Design Standards Project Description Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 None Identified Redevelopment Opportunities Project Description Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 None Identified Area E: North Martin Luther King, Jr. Avenue Corridor Land Use, Zoning, and Design Standards Project Description Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Complete the North Martin Luther King, Jr. Avenue corridor design charette and accompanying recommendations P&D $60,000 General Fund ($25k);Forward Pinellas GrantRedevelopment Opportunities Project Description Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Request Letters of Interest or issue RFP/Q to redevelop the former Elks Lodge property to add commercial, community use, and possibly compatible infill mixed residential development CRA; ED&H Staff Time TIF for Administration Support private infill residential and commercial redevelopment on vacant and underutilized properties CRA $6,000,000 TIF for Affordable Housing ($2m) and Economic Development ($4m) X X X X X CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Page 128 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Area F: Curtis Museum/Cherry Harris Park Area Land Use, Zoning, and Design Standards Project Description Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 None Identified Redevelopment Opportunities Project Description Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Work with the Pinellas County School District to investigate and expand the adaptive reuse of the Curtis Museum building’s second floor and site CRA $75,000 ARPA X X Provide matching funds to repair Curtis Museum facilities Cultural Affairs; CRA $150,000 ARPA X Support private infill of affordable residential redevelopment on vacant and underutilized properties CRA $1,000,000 TIF for Affordable Housing Area G: Clearwater Intermediate/Martin Luther King, Jr. Community Center/Cemetery AreaLand Use, Zoning, and Design Standards Project Description Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 None Identified Redevelopment Opportunities Project Description Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Work with the Martin Luther King Jr. Community Center to investigate and support the renovation and potential expansion of the building and site to support plan goals CRA $75,000 ARPA X Support private infill of affordable residential redevelopment on vacant and underutilized properties CRA $1,000,000 TIF for Affordable Housing CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Adopted xx.xx.2023 | Page 129 Plan Implementation Area F: Curtis Museum/Cherry Harris Park Area Land Use, Zoning, and Design Standards Project Description Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 None Identified Redevelopment Opportunities Project Description Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Work with the Pinellas County School District to investigate and expand the adaptive reuse of the Curtis Museum building’s second floor and site CRA $75,000 ARPA Provide matching funds to repair Curtis Museum facilities Cultural Affairs; CRA $150,000 ARPA Support private infill of affordable residential redevelopment on vacant and underutilized properties CRA $1,000,000 TIF for Affordable Housing X X X X X Area G: Clearwater Intermediate/Martin Luther King, Jr. Community Center/Cemetery AreaLand Use, Zoning, and Design Standards Project Description Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 None Identified Redevelopment Opportunities Project Description Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Work with the Martin Luther King Jr. Community Center to investigate and support the renovation and potential expansion of the building and site to support plan goals CRA $75,000 ARPA Support private infill of affordable residential redevelopment on vacant and underutilized properties CRA $1,000,000 TIF for Affordable Housing X X X X X CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Page 130 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Area H: Stevenson Creek/Shuffleboard & Lawn Bowling Complex Area Land Use, Zoning, and Design Standards Project Description Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 None Identified Redevelopment Opportunities Project Description Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Support private infill of affordable residential redevelopment on vacant and underutilized properties CRA $1,000,000 TIF for Affordable Housing Area I: Calvin A. Hunsinger/Sandy Lane Schools Area Land Use, Zoning, and Design Standards Project Description Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 None Identified Redevelopment Opportunities Project Description Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Support private infill of affordable residential redevelopment on vacant and underutilized properties CRA $1,000,000 TIF for Affordable Housing CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Adopted xx.xx.2023 | Page 131 Plan Implementation Area H: Stevenson Creek/Shuffleboard & Lawn Bowling Complex Area Land Use, Zoning, and Design Standards Project Description Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 None Identified Redevelopment Opportunities Project Description Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Support private infill of affordable residential redevelopment on vacant and underutilized properties CRA $1,000,000 TIF for Affordable Housing X X X X X Area I: Calvin A. Hunsinger/Sandy Lane Schools Area Land Use, Zoning, and Design Standards Project Description Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 None Identified Redevelopment Opportunities Project Description Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Support private infill of affordable residential redevelopment on vacant and underutilized properties CRA $1,000,000 TIF for Affordable Housing X X X X X CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Page 132 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Capital Improvement ProjectsProject Title Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Provide a 4 foot wide sidewalk on at least one side of every street in the North Greenwood area Public Works $320,000 Streets & Sidewalks X X Redesign and construction of North Fort Harrison Avenue to encourage active transportation Public Works TBD City CIP X X X X X Pinellas Trail safety & placemaking improvements Public Works; Pinellas County $500,000 TIF for Mobility X X Provide new bicycle/pedestrian connections to Pinellas Trail from the Seminole Boat Ramp and the North Greenwood Recreation and Aquatic Complex Public Works; Parks & Recreation $4,150,000 TIF for Mobility;City CIP X Design & construct improvements to the Shuffleboard & Lawn Bowling Complex to provide access to Stevenson Creek and additional recreational amenities Parks & Recreation $5,000,000 General Fund X X Provide improvements to Overbrook Park Parks & Recreation $200,000 General Fund X X Provide improvements to North Betty Lane Park Parks & Recreation $200,000 General Fund X X Design improvements to reduce the odor from the Marshall Street Wastewater Treatment Plant Public Utilities TBD City CIP X Convert private septic to the city's sewer system in the unincorporated enclave Public Utilities TBD City CIP X X Table 15 CRA Implementation Table 4.5 Plan Implementation Table 15 includes the recommended strategies, implementation lead, estimated cost, funding source, and timeline for each project in the CRA by goal. It also identifies existing capital improvement projects in the city's 5-year Capital Improvement Plan. CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development Department The City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Adopted xx.xx.2023 | Page 133 Plan Implementation Capital Improvement Projects Project Title Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Provide a 4 foot wide sidewalk on at least one side of every street in the North Greenwood area Public Works $320,000 Streets & Sidewalks Redesign and construction of North Fort Harrison Avenue to encourage active transportation Public Works TBD City CIP Pinellas Trail safety & placemaking improvements Public Works; Pinellas County $500,000 TIF for Mobility X X X X X Provide new bicycle/pedestrian connections to Pinellas Trail from the Seminole Boat Ramp and the North Greenwood Recreation and Aquatic Complex Public Works; Parks & Recreation $4,150,000 TIF for Mobility;City CIP X X X X X Design & construct improvements to the Shuffleboard & Lawn Bowling Complex to provide access to Stevenson Creek and additional recreational amenities Parks & Recreation $5,000,000 General Fund Provide improvements to Overbrook Park Parks & Recreation $200,000 General Fund Provide improvements to North Betty Lane Park Parks & Recreation $200,000 General Fund Design improvements to reduce the odor from the Marshall Street Wastewater Treatment Plant Public Utilities TBD City CIP Convert private septic to the city's sewer system in the unincorporated enclave Public Utilities TBD City CIP X X X X X CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Page 134 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Goal 1 Policy Implementation: Public Safety Action Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Partner with housing providers to monitor the rate of opioid use to increase intervention and treatment rates Police Staff Time General Fund X X X X X Continue to host a quarterly information panel for the community to ask Clearwater Police questions and review crime data Police Staff Time General Fund X X X X X Continue to require annual anti-bias training for the police as provided in the department’s strategic plan Police Staff Time General Fund X X X X X Fund one on one mentoring programs, like Refuse to Lose, that break the cycle of poverty driven criminal behavior by providing access to better educational and employment opportunities Police $50,000 annually General Fund X X X X Pilot new approaches like community paramedicine to reduce the number of medical calls that do not qualify as emergencies (e.g. https://emsa.ca.gov/community_paramedicine) Fire TBD General Fund X X X Determine the feasibility of increasing the number of Advanced Life Support (ALS) units at Station #51 Fire TBD General Fund;County ALS Funds X Advertise smoke alarm and CPR training programs at Fire Station #51 to North Greenwood area residents Fire $15,000 General Fund X X X X X Develop grant programs to pay for interior and exterior improvements to blighted properties CRA; P&D; ED&H $1,000,000 over 20 years ARPA ($200k); TIF for Affordable Housing X X X X X CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Adopted xx.xx.2023 | Page 135 Plan Implementation Goal 1 Policy Implementation: Public Safety Action Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Partner with housing providers to monitor the rate of opioid use to increase intervention and treatment rates Police Staff Time General Fund X X X X X Continue to host a quarterly information panel for the community to ask Clearwater Police questions and review crime data Police Staff Time General Fund X X X X X Continue to require annual anti-bias training for the police as provided in the department’s strategic plan Police Staff Time General Fund X X X X X Fund one on one mentoring programs, like Refuse to Lose, that break the cycle of poverty driven criminal behavior by providing access to better educational and employment opportunities Police $50,000 annually General Fund Pilot new approaches like community paramedicine to reduce the number of medical calls that do not qualify as emergencies (e.g. https://emsa.ca.gov/community_paramedicine) Fire TBD General Fund Determine the feasibility of increasing the number of Advanced Life Support (ALS) units at Station #51 Fire TBD General Fund;County ALS Funds Advertise smoke alarm and CPR training programs at Fire Station #51 to North Greenwood area residents Fire $15,000 General Fund X X X X X Develop grant programs to pay for interior and exterior improvements to blighted properties CRA; P&D; ED&H $1,000,000 over 20 years ARPA ($200k); TIF for Affordable Housing X X X X X CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Page 136 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Goal 1 Policy Implementation: Public Safety (con't) Action Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Organize clean up days and trash amnesty days prior to code enforcement sweeps CRA; P&D; Solid Waste TBD General Fund X X X X Maintain a list of landlords and meet regularly with them to share resources about home improvement CRA Staff Time TIF for Administration X X X X X Develop programs to encourage neighborhood pride in yard and home appearance CRA TBD TIF for Administration X X X X X Install additional lighting along sidewalks and trails CRA; Public Works $300,000 ARPA X X Goal 2 Policy Implementation: Mobility Action Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Explore creating a Safe Routes to Schools program with Pinellas County Schools CRA Staff Time CRA X X Conduct feasibility study of additional on-street parking throughout North Greenwood as a traffic calming measure Public Works Staff Time General Fund X Develop and install solutions to provide additional shade and amenities on sidewalks and trails Public Works $200,000 ARPA ($100k); TIF for Mobility X X Determine the causes of bicycle/pedestrian crashes from the 2021 Forward Pinellas study and implement solutions to improve safety (e.g. pedestrian crosswalk signals, traffic pattern evaluation) CRA; Public Works Staff Time General Fund; TIF for Administration X X X X Identify opportunities to increase use of existing transit services and expand transit services CRA; Public Works; PSTA Staff Time General Fund; TIF for Administration X X CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Adopted xx.xx.2023 | Page 137 Plan Implementation Goal 1 Policy Implementation: Public Safety (con't) Action Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Organize clean up days and trash amnesty days prior to code enforcement sweeps CRA; P&D; Solid Waste TBD General Fund X X X X X Maintain a list of landlords and meet regularly with them to share resources about home improvement CRA Staff Time TIF for Administration X X X X X Develop programs to encourage neighborhood pride in yard and home appearance CRA TBD TIF for Administration X X X X X Install additional lighting along sidewalks and trails CRA; Public Works $300,000 ARPA Goal 2 Policy Implementation: Mobility Action Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Explore creating a Safe Routes to Schools program with Pinellas County Schools CRA Staff Time CRA Conduct feasibility study of additional on-street parking throughout North Greenwood as a traffic calming measure Public Works Staff Time General Fund Develop and install solutions to provide additional shade and amenities on sidewalks and trails Public Works $200,000 ARPA ($100k); TIF for Mobility Determine the causes of bicycle/pedestrian crashes from the 2021 Forward Pinellas study and implement solutions to improve safety (e.g. pedestrian crosswalk signals, traffic pattern evaluation) CRA; Public Works Staff Time General Fund; TIF for Administration X X X X X Identify opportunities to increase use of existing transit services and expand transit services CRA; Public Works; PSTA Staff Time General Fund; TIF for Administration CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Page 138 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Goal 3 Policy Implementation: Poverty Reduction Action Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Hire an organization(s) to develop and implement neighborhood scale business development assistance and marketing program(s) like the Main Street model or other comprehensive programs ED&H; CRA $300,000 ARPA X X X Hire an organization(s) to develop and implement a neighborhood scale workforce development program(s) ED&H; CRA $500,000 ARPA X X X Convene Pinellas County Schools, Pinellas County Economic Development, and local colleges to develop a workforce program focused on bringing the county's target industries to the North Greenwood area and employing North Greenwood residents in these target industries ED&H; CRA $25,000 General Fund X Develop city apprenticeship and employment programs for North Greenwood residents that train them to resolve community problems (e.g. weatherize homes) CRA TBD General Fund; TIF for Administration X X Develop a grant program to fund improvements to commercial buildings, to establish new businesses, and reduce blight in the North Martin Luther King, Jr. Avenue commercial corridor CRA $1,000,000 ARPA X X X X Create an emergency fund to assist low-income residents with one-time costs to mitigate issues that would prevent them from going to work ED&H; CRA $500,000 ARPA X X X X Expand North Greenwood Library hours to support workforce development programming Library TBD General Fund X X X X X CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development Department The City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Adopted xx.xx.2023 | Page 139 Plan Implementation Goal 3 Policy Implementation: Poverty Reduction Action Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Hire an organization(s) to develop and implement neighborhood scale business development assistance and marketing program(s) like the Main Street model or other comprehensive programs ED&H; CRA $300,000 ARPA Hire an organization(s) to develop and implement a neighborhood scale workforce development program(s) ED&H; CRA $500,000 ARPA Convene Pinellas County Schools, Pinellas County Economic Development, and local colleges to develop a workforce program focused on bringing the county's target industries to the North Greenwood area and employing North Greenwood residents in these target industries ED&H; CRA $25,000 General Fund Develop city apprenticeship and employment programs for North Greenwood residents that train them to resolve community problems (e.g. weatherize homes) CRA TBD General Fund; TIF for Administration Develop a grant program to fund improvements to commercial buildings, to establish new businesses, and reduce blight in the North Martin Luther King, Jr. Avenue commercial corridor CRA $1,000,000 ARPA Create an emergency fund to assist low-income residents with one-time costs to mitigate issues that would prevent them from going to work ED&H; CRA $500,000 ARPA Expand North Greenwood Library hours to support workforce development programming Library TBD General Fund X X X X X CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development Department The City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Page 140 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Goal 3 Policy Implementation: Poverty Reduction (con't) Action Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Pair North Greenwood businesses and residents with mentor companies in Clearwater and Pinellas County ED&H; CRA Staff Time TIF for Administration X X X X X Quarterly research and report on opportunities for the community to leverage city events to promote local businesses (e.g. local vendors at games at Jack Russell Stadium) Library; Parks & Recreation Staff Time General Fund X X X X X Survey residents and business owners on an annual basis to determine if their workforce needs are being met CRA $2,000 TIF for Administration X X X X X Goal 4 Policy Implementation: Housing Affordability Action Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Determine the feasibility of establishing a land trust to maintain long term affordability of residential properties CRA; ED&H Staff Time TIF for Administration X X Provide direct rent subsidy to cost burdened households to prevent displacement ED&H $250,000 ARPA X X X X Provide an emergency assistance fund for low-income residents for life safety home repairs and renovations to accommodate physical disabilities ED&H $300,000 ARPA ($150k); TIF for Affordable Housing X X X X X Create a "role-model" resident program to encourage community role models to live in North Greenwood CRA; ED&H $150,000 TIF for Affordable Housing X X X Hire an organization(s) to implement homeownership education programs ED&H $50,000 ARPA X X X X CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Adopted xx.xx.2023 | Page 141 Plan Implementation Goal 3 Policy Implementation: Poverty Reduction (con't) Action Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Pair North Greenwood businesses and residents with mentor companies in Clearwater and Pinellas County ED&H; CRA Staff Time TIF for Administration X X X X X Quarterly research and report on opportunities for the community to leverage city events to promote local businesses (e.g. local vendors at games at Jack Russell Stadium) Library; Parks & Recreation Staff Time General Fund X X X X X Survey residents and business owners on an annual basis to determine if their workforce needs are being met CRA $2,000 TIF for Administration X X X X X Goal 4 Policy Implementation: Housing Affordability Action Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Determine the feasibility of establishing a land trust to maintain long term affordability of residential properties CRA; ED&H Staff Time TIF for Administration Provide direct rent subsidy to cost burdened households to prevent displacement ED&H $250,000 ARPA Provide an emergency assistance fund for low-income residents for life safety home repairs and renovations to accommodate physical disabilities ED&H $300,000 ARPA ($150k); TIF for Affordable Housing X X X X X Create a "role-model" resident program to encourage community role models to live in North Greenwood CRA; ED&H $150,000 TIF for Affordable Housing X X X X X Hire an organization(s) to implement homeownership education programs ED&H $50,000 ARPA CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Page 142 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Goal 4 Policy Implementation: Housing Affordability (con't) Action Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Create a grant program to reduce blight through the repair and preservation of historic homes CRA; ED&H $1,000,000 TIF for Affordable Housing X X Create a grant program to incentivize the construction of affordable housing on vacant, infill lots CRA $2,000,000 TIF for Affordable Housing X X Continue current Economic Development & Housing programs and CDBG activities that support homeownership ED&H Staff Time SHIP; CDBG; General Fund X X X X X Goal 5 Policy Implementation: Quality of Life Action Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Fund projects and programs that honor North Greenwood's history through memorials, interpretive messaging, and public art installations Cultural Affairs $150,000 ARPA X X X Expand and increase programming of the Christine Wigfall Morris African American Collection at the North Greenwood Library Library TBD General Fund X X X Help support the operations and expansion of the Pinellas County African American Museum at Curtis Elementary School Cultural Affairs; CRA $50,000 ARPA X X X Explore the feasibility of attracting existing cultural institutions in Pinellas County to relocate or establish additional locations in the North Greenwood area to bring new funding and programs to underutilized spaces Cultural Affairs; CRA Staff Time TIF for Administration X X X X X CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Adopted xx.xx.2023 | Page 143 Plan Implementation Goal 4 Policy Implementation: Housing Affordability (con't) Action Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Create a grant program to reduce blight through the repair and preservation of historic homes CRA; ED&H $1,000,000 TIF for Affordable Housing X X X X X Create a grant program to incentivize the construction of affordable housing on vacant, infill lots CRA $2,000,000 TIF for Affordable Housing X X X X X Continue current Economic Development & Housing programs and CDBG activities that support homeownership ED&H Staff Time SHIP; CDBG; General Fund X X X X X Goal 5 Policy Implementation: Quality of Life Action Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Fund projects and programs that honor North Greenwood's history through memorials, interpretive messaging, and public art installations Cultural Affairs $150,000 ARPA Expand and increase programming of the Christine Wigfall Morris African American Collection at the North Greenwood Library Library TBD General Fund X X X X X Help support the operations and expansion of the Pinellas County African American Museum at Curtis Elementary School Cultural Affairs; CRA $50,000 ARPA Explore the feasibility of attracting existing cultural institutions in Pinellas County to relocate or establish additional locations in the North Greenwood area to bring new funding and programs to underutilized spaces Cultural Affairs; CRA Staff Time TIF for Administration X X X X X CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Page 144 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Goal 5 Policy Implementation: Quality of Life (con't) Action Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Examine all recreational facilities and determine how to increase community access for recreational use outside of standard operating hours Parks & Recreation Staff Time General Fund X X Work with Pinellas County Schools to examine school properties to determine how to increase communty access for recreational use outside of standard operating hours Parks & Recreation; Pinellas County Schools Staff Time General Fund X X Promote historic preservation through public education and assistance with local designation P&D Staff Time General Fund X X X X X Continue to fund existing recreation programs that serve youth and seniors (scholarships, Silver Sneakers etc.) Parks & Recreation $100,000 General Fund X X X X X Support the installation and management of community gardens Parks & Recreation; Sustainability TBD General Fund X X X X X Support organizations implementing community engagement programs CRA $100,000 ARPA X X X X Coordinate the efforts of neighborhood associations, non-profit service providers, churches and other organizations through quarterly meetings in the North Greenwood area CRA $50,000 TIF for Administration X X X X X Convene local health care providers to develop funding strategies to improve public health outcomes (e.g. community health workers, access to fresh food etc.) CRA $50,000 TIF for Administration X X X X Support organizations that provide adult mental health and wellness programs CRA $100,000 ARPA X X X X CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development Department The City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Adopted xx.xx.2023 | Page 145 Plan Implementation Goal 5 Policy Implementation: Quality of Life (con't) Action Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Examine all recreational facilities and determine how to increase community access for recreational use outside of standard operating hours Parks & Recreation Staff Time General Fund Work with Pinellas County Schools to examine school properties to determine how to increase communty access for recreational use outside of standard operating hours Parks & Recreation; Pinellas County Schools Staff Time General Fund Promote historic preservation through public education and assistance with local designation P&D Staff Time General Fund X X X X X Continue to fund existing recreation programs that serve youth and seniors (scholarships, Silver Sneakers etc.) Parks & Recreation $100,000 General Fund X X X X X Support the installation and management of community gardens Parks & Recreation; Sustainability TBD General Fund X X X X X Support organizations implementing community engagement programs CRA $100,000 ARPA Coordinate the efforts of neighborhood associations, non-profit service providers, churches and other organizations through quarterly meetings in the North Greenwood area CRA $50,000 TIF for Administration X X X X X Convene local health care providers to develop funding strategies to improve public health outcomes (e.g. community health workers, access to fresh food etc.) CRA $50,000 TIF for Administration Support organizations that provide adult mental health and wellness programs CRA $100,000 ARPA CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development Department The City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Page 146 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Goal 6 Policy Implementation: Invest in Youth Action Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Continue to utilize community liaison teams and invest in Operation Graduate, arts and sports programs, and other youth focused activities that build relationships between police officers and residents Police Staff Time General Fund X X X X X Increase afterschool and summer programs at North Greenwood Recreation and Aquatic Complex Parks & Recreation TBD General Fund X X X X X Address child poverty through direct payments for children in low-income households to ensure adequate access to food, technology, and transportation CRA $350,000 ARPA X X X X Work with partners to implement and enhance workforce development and youth job readiness programs, including year-round afterschool employment CRA $50,000 ARPA X X X X Support increased access to high-quality childcare and early childhood education ED&H $250,000 ARPA X X X X Work with partners including the Pinellas County School District to leverage the planned middle school “Innovation” program delivery CRA Staff Time TIF for Administration X X X X X Hire an organization(s) to provide mentoring services to assist children with receiving social service benefits and participating in educational programs CRA $150,000 ARPA X X X X Expand North Greenwood Library hours to serve youth afterschool and on the weekends Library TBD General Fund X X X X X CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Adopted xx.xx.2023 | Page 147 Plan Implementation Goal 6 Policy Implementation: Invest in Youth Action Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Continue to utilize community liaison teams and invest in Operation Graduate, arts and sports programs, and other youth focused activities that build relationships between police officers and residents Police Staff Time General Fund X X X X X Increase afterschool and summer programs at North Greenwood Recreation and Aquatic Complex Parks & Recreation TBD General Fund X X X X X Address child poverty through direct payments for children in low-income households to ensure adequate access to food, technology, and transportation CRA $350,000 ARPA Work with partners to implement and enhance workforce development and youth job readiness programs, including year-round afterschool employment CRA $50,000 ARPA Support increased access to high-quality childcare and early childhood education ED&H $250,000 ARPA Work with partners including the Pinellas County School District to leverage the planned middle school “Innovation” program delivery CRA Staff Time TIF for Administration X X X X X Hire an organization(s) to provide mentoring services to assist children with receiving social service benefits and participating in educational programs CRA $150,000 ARPA Expand North Greenwood Library hours to serve youth afterschool and on the weekends Library TBD General Fund X X X X X CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Page 148 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Goal 6 Policy Implementation: Invest in Youth (con't) Action Project Lead Estimated Total Cost Funding Source 2023 2024 2025 2026 2027 Support organizations that provide youth mental health and wellness programs CRA $150,000 ARPA X X X X Increase availability to and awareness of private afterschool and summer programs in the North Greenwood area CRA TBD General Fund X X X X X CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. Adopted xx.xx.2023 | Page 149 Plan Implementation Goal 6 Policy Implementation: Invest in Youth (con't) Action Project Lead Estimated Total Cost Funding Source 2028 2029 2030 2031 2032 Support organizations that provide youth mental health and wellness programs CRA $150,000 ARPA Increase availability to and awareness of private afterschool and summer programs in the North Greenwood area CRA TBD General Fund X X X X X CRA - Community Redevelopment AgencyED&H - Economic Development and Housing DepartmentP&D - Planning and Development DepartmentThe City & CRA will abide by the requirements of Florida Statutes Ch. 163.370(3)(b) which prohibits tax increment revenue from being spent on projects that are in the current City CIP, or have been in the CIP within the last three years. 5. Governance 5.1 Overview | 5.2 State Requirements | 5.3 Pinellas County Requirements5.4 City CRA Administration | 5.5 Citizens Advisory Committee Page 152 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan 5.1 Overview Once established, community redevelopment areas are governed by state and local regulations pertaining to special districts. These regulations include annual reporting requirements, restrictions on how TIF funds are spent, and training requirements for Community Redevelopment Agency Trustees. Staff should check these requirements on a regular basis to ensure they are operating in compliance with adopted regulations. 5.2 State Requirements Chapter 163 of Florida Statues governs community redevelopment areas. Community Redevelopment Agencies are required by state law to prepare five annual reports: 1. Annual Audit (can be independent of the creating entity or included in the creating entity’s audit) (www.myflorida.com/audgen)2. Annual Fees and Updates to the Office of Special District Accountability at the Florida Department of Economic Opportunity (http://floridajobs.org/community-planning-and-development/special-districts/special-district-accountability-program)3. Comprehensive Annual Financial Report (https://myfloridacfo.com/division/aa/local-governments)4. Annual March 31 Report to the public (posted online)5. Annual Budget (proposed and adopted) and Board, contact information updated and posted each September online on CRA pages The state has numerous restrictions on TIF fund expenditures. TIF funds should be kept in a segregated fund and annual reports should clearly explain how funds were spent. 5.3 Pinellas County Requirements Pinellas County recently adopted Ordinance 21-48 which outlines the county’s funding priorities and the process for establishing a new CRA and determining the amount of county TIF revenue it will receive. The full scoring methodology for this plan is contained in Appendix B. The CRA must allocate 50% of all TIF revenue towards the three county priority areas in order to receive 95% of county TIF revenue. If the city chooses to spend the funds in non-priority areas then the county contribution will be reduced to 70%. The funds should be kept in separate project accounts to clearly track how they are being allocated. The unincorporated enclave within the CRA is not included in the current legal description of the CRA and will not contribute any tax increment as long as it remains unincorporated. If there is interest in annexing the unincorporated area into the city in the future, both city and county staff highly recommends that the entire area come in at one time to minimize the administrative burden of plan changes and to consolidate delivery of services. The modification of the CRA boundaries will require approval of the Pinellas County Board of County Commissioners and Clearwater City Council. Adopted xx.xx.2023 | Page 153 Governance 5.4 City CRA Administration The City of Clearwater has already established a Community Redevelopment Agency which administers the Downtown CRA. The five City Council members serve as the five Trustees that govern the Community Redevelopment Agency. City staff serves as staff for the agency via an intergovernmental agreement. The current Trustees and staff will administer the implementation of the North Greenwood Community Redevelopment Area Plan. To ensure the CRA Plan is implemented in continuous collaboration with the community, the city will establish a Citizens Advisory Committee (CAC) comprised of residents, business owners, property owners, and non-profit organizations located in the plan area. The CAC will make recommendations to the Trustees on plan implementation. After plan adoption, Community Redevelopment Agency staff should prepare an annual operating budget that includes staffing recommendations, funds for training of staff and CAC members, and general marketing costs. Over the 20-year life of this plan, it will be amended. The City Council, upon recommendation by the Community Redevelopment Agency Trustees, has the authority to amend the redevelopment plan. The Trustees have the authority to establish grant programs, set budget expenditures, buy and sell property, and invest in redevelopment projects. The Community Redevelopment Agency may amend its boundaries with the approval of the county. 5.5 Citizens Advisory Committee The Citizens Advisory Committee will be a five member body, with three members elected by voters of the North Greenwood CRA area and the remaining two members appointed by City Council. There will be one vote per parcel and each parcel will establish a designated voter. Elections will be administered by the Community Redevelopment Agency in a way that is transparent, cost effective, and accurate. In order to facilitate diverse representation, the Community Redevelopment Agency will provide funding for limited campaign expenses as well as annual stipends for committee service. It will have the authority to make recommendations to the Community Redevelopment Agency Trustees on the annual budget, amendments to the CRA plan, and the adoption of programs. It will have the authority to initiate research to develop new program ideas, evaluate existing programs, and convene meetings to solicit neighborhood input on CRA activities Appendices Appendix A - Legal Description | Appendix B - CRA Local AssessmentAppendix C - Tax Increment Projection | Appendix D - Statement of Neighborhood Impact Page 156 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Appendix A North Greenwood CRA Legal Description BEGIN AT A POINT AT THE CENTER OF THE INTERSECTION with Sunset Point Road and Kings Highway right-of-way and proceed South along the centerline of Kings Highway right-of-way to its intersection with the centerline of Palmetto Street right-of-way; thence Proceed West along the centerline of Palmetto Street right-of-way to its intersection with the northerly extension of the East line of Block E, New Country Club Addition, as recorded in Plat Book 20, Page 64 of the Public Records of Pinellas County, FL; thence Proceed South along the East line of said Block E to its intersection with the centerline of Seminole Street right-of-way; thence Proceed East along the centerline of Seminole Street right-of-way to its intersection with the centerline of North Missouri Avenue right-of-way; thence Proceed South along the centerline of North Missouri Avenue right-of -way to its intersection with the North right-of-way line of the CSX Rail Road; thence Proceed West and Southwest along the North right-of-way line of the CSX Rail Road to its intersection with the centerline of North Myrtle Avenue right-of-way; thence Proceed South along the centerline of North Myrtle Avenue right-of-way to its intersection with the centerline of Jones Street right-of-way; thence Proceed West along the centerline of Jones Street right-of-way to the seawall or top of bank of Clearwater Harbor; thence Proceed meandering generally North along the seawall and top of bank of Clearwater Harbor to its intersection with the centerline of Cedar Street right-of-way; thence Proceed East along the centerline of Cedar Street right-of-way to its intersection with the centerline of North Osceola Avenue right-of-way; thence Proceed Northeasterly along the centerline of North Osceola Avenue right-of-way to its intersection with the centerline of Sunburst Court right-of-way; thence Proceed Southeasterly along the centerline of Sunburst Court right-of-way to its intersection with the centerline of North Fort Harrison Avenue right-of-way; thence Proceed North along the centerline of North Fort Harrison Avenue right-of-way to a point on the south seawall or top of bank of Stevenson Creek; thence Proceed meandering Southeasterly along the south seawall or top of bank of Stevenson Creek to its intersection with the East boundary line of the Pinellas Trail; thence Proceed Northeasterly along the East line of the Pinellas Trail to its intersection with the centerline of Sunset Point Road right-of-way; thence Proceed East along the centerline of Sunset Point Road right-of-way to its intersection with the centerline of Kings Highway right-of-way and THE POINT OF BEGINNING. Less and except all unincorporated Pinellas County enclaves. Adopted xx.xx.2023 | Page 157 Appendices Appendix B Pinellas County CRA Local Assessment Total Score The local designation assessment utilizes 12 factors across four categories to assess each CRA. These factors provide a baseline understanding of the needs of the CRA, as well as the location’s alignment with county priorities on issues like mobility and economic development. The local designation assessment determines the level of need in the CRA, placing all CRAs into one of three categories depending on the scoring threshold reached. The North Greenwood CRA is designated as Urban Revitalization and has a total score of 79, indicating that the CRA is considered one of the most distressed areas. There is a prevalence of low- and moderate-income persons, endemic poverty, and where other programs can provide targeted funding. Demonstrated Need This set of factors assesses whether the potential CRA is home to a high need population or if the physical environment requires new investment. These needs align with need as defined in CRA statute, as well as with county priorities to promote affordable housing and economic development in disadvantaged areas. Percent of Households Below Poverty – 10 points 25% of the households in the North Greenwood CRA is below the poverty level, which is 2.16 times the county’s poverty rate. North Greenwood CRA scored 10 points for this metric. Median Household Income – 15 points The median household income in the Greenwood CRA is $32,022, 62% of the county’s median household income. North Greenwood CRA scored 11 points for this metric. Percent of area Qualified for CDBG funds – 5 points 87% of the of the Census Block Groups within the North Greenwood CRA qualify for CDBG funding. The North Greenwood CRA scored 5 points for this metric. Demonstrated Blight Factors – 10 points North Greenwood CRA’s Finding of Necessity Study indicated 9 blight factors were present within the CRA boundary. The North Greenwood CRA scored 10 points for this metric. Area Affected by Coastal High Hazard Area – 5 points The Coastal High Hazard Area (CHHA) covers 22% of the North Greenwood CRA. The North Greenwood CRA scored 5 points for this metric. Economic Development and Employment The county has identified job retention and attraction as a near term priority. These factors indicate the level of economic activity in a CRA and the economic status of its residents. Employment Density – 5 points According to LEHD data the employment density in the North Greenwood CRA boundary is 1.24 jobs per acre. The North Greenwood CRA scored 5 points for this metric. Unemployment (Civilian) – 10 points The unemployment rate (civilian) within the North Greenwood CRA is 8.4%, which is 1.49 times the rate of Pinellas County. The North Greenwood CRA scored 7 points for this metric. Tax Value Trend – 5 points The CRA area’s taxable value grew at a higher rate than the county, outperforming the county’s growth rate by an average of 3% for the years 2017 through 2021. 0 points were scored for this metric. Page 158 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Activity Centers and Target Employment Areas – 5 points There are no target employment areas or activity centers within the boundary of the North Greenwood CRA. 0 points were scored for this metric. Housing Affordability The county has identified creation and preservation of quality, affordable housing as a near term priority. This factor assesses the extent to which households experience a housing cost burden. Percent of Households that are Housing Cost Burdened – 10 points 52% of households within the North Greenwood CRA are considered housing cost burdened, this is 1.5 times higher than Pinellas County. The North Greenwood CRA scored 10 points for this metric. Median Residential Values – 15 points The median residential value for properties within the North Greenwood CRA is $141,579, 23% lower than the county median residential value. The North Greenwood CRA scored 11 points for this metric. Mobility The county places a priority on improving biking, walking, and transit options, particularly in designated corridors. Mobility – 5 points 66% of the area within the North Greenwood CRA is within ¼ mile of a Premium, Primary, or Secondary Transit Corridor. The North Greenwood CRA scored 5 points for this metric. Adopted xx.xx.2023 | Page 159 Appendices Page intentionally left blank Page 160 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Appendix C Tax Increment Projection Base Year Plus 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 Year 18 Year 19 Year 20 City Millage Rate 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 County Millage Rate 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 EstimatedTotalProjection BaseYear TaxableValue Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 District FY22 FY23 FY24 FY25 FY26 FY27 FY28 FY29 FY30 FY31 FY32 FY33 FY34 FY35 FY36 FY37 FY38 FY39 FY40 FY41 FY42 FY23 to FY42 North Greenwood - Tax Year 2021 193,652,08 Total Value Change: %3.00%3.00%3.00%3.00%3.00%6.00%7.00%8.00%3.00%9.00%9.00%9.50%9.50%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Total Taxable Value 193,652,086 199,461,648.58 205,445,498.04 211,608,862.98 217,957,128.87 224,495,842.73 237,965,593.30 254,623,184.83 274,993,039.62 283,242,830.80 308,734,685.58 336,520,807.28 368,490,283.97 403,496,860.95 415,601,766.77 428,069,819.78 440,911,914.37 454,139,271.80 467,763,449.96 481,796,353.46 496,250,244.06 Tax Increment Value 5,809,562.58 11,793,412.04 17,956,776.98 24,305,042.87 30,843,756.73 44,313,507.30 60,971,098.83 81,340,953.62 89,590,744.80 115,082,599.58 142,868,721.28 174,838,197.97 209,844,774.95 221,949,680.77 234,417,733.78 247,259,828.37 260,487,185.80 274,111,363.96 288,144,267.46 302,598,158.06 Total Value Change: $5,809,562.58 5,983,849.46 6,163,364.94 6,348,265.89 6,538,713.87 13,469,750.56 16,657,591.53 20,369,854.79 8,249,791.19 25,491,854.77 27,786,121.70 31,969,476.69 35,006,576.98 12,104,905.83 12,468,053.00 12,842,094.59 13,227,357.43 13,624,178.15 14,032,903.50 14,453,890.60 County Tax Increment Payment 95% 26,159.36 53,103.49 80,855.95 109,440.99 138,883.58 199,535.30 274,541.27 366,262.86 403,410.10 518,195.08 643,310.71 787,263.19 944,891.15 999,397.24 1,055,538.52 1,113,364.03 1,172,924.31 1,234,271.39 1,297,458.89 1,362,542.01 12,781,349.42 City Tax Increment Payment 95%32,479.81 65,934.02 100,391.85 135,883.42 172,439.73 247,745.74 340,874.17 454,756.94 500,879.46 643,398.04 798,743.30 977,476.66 1,173,189.68 1,240,865.18 1,310,570.95 1,382,367.89 1,456,318.73 1,532,488.11 1,610,942.56 1,691,750.65 15,869,496.88 Grand Total 58,639.17 119,037.51 181,247.81 245,324.41 311,323.31 447,281.04 615,415.44 821,019.80 904,289.56 1,161,593.12 1,442,054.01 1,764,739.84 2,118,080.83 2,240,262.42 2,366,109.46 2,495,731.91 2,629,243.04 2,766,759.50 2,908,401.45 3,054,292.66 28,650,846.30 Notes:1. Pinellas County Property Appraiser 2021 Estimated Taxes w/o Cap or Exemptions.2. Assumes 3% annual property value increase.3. Assumes a 20-year Trust Fund length.4. Assumes $100 million of new taxable value will come online in years 6-12. Adopted xx.xx.2023 | Page 161 Appendices Base YearPlus 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9 Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 Year 18 Year 19 Year 20 City Millage Rate5.88505.88505.88505.88505.88505.88505.88505.88505.88505.8850 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 5.8850 County Millage Rate4.73984.73984.73984.73984.73984.73984.73984.73984.73984.7398 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 4.7398 EstimatedTotalProjection BaseYear TaxableValue Tax YearTax YearTax YearTax YearTax YearTax YearTax YearTax YearTax YearTax Year Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year Tax Year 2021202220232024202520262027202820292030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 DistrictFY22FY23FY24FY25FY26FY27FY28FY29FY30FY31 FY32 FY33 FY34 FY35 FY36 FY37 FY38 FY39 FY40 FY41 FY42 FY23 to FY42 North Greenwood - Tax Year 2021 193,652,08 Total Value Change: %3.00%3.00%3.00%3.00%3.00%6.00%7.00%8.00%3.00%9.00%9.00%9.50%9.50%3.00%3.00%3.00%3.00%3.00%3.00%3.00% Total Taxable Value193,652,086199,461,648.58 205,445,498.04 211,608,862.98217,957,128.87 224,495,842.73237,965,593.30254,623,184.83274,993,039.62 283,242,830.80 308,734,685.58 336,520,807.28 368,490,283.97 403,496,860.95 415,601,766.77 428,069,819.78 440,911,914.37 454,139,271.80 467,763,449.96 481,796,353.46 496,250,244.06 Tax Increment Value5,809,562.5811,793,412.04 17,956,776.9824,305,042.8730,843,756.7344,313,507.3060,971,098.8381,340,953.62 89,590,744.80 115,082,599.58 142,868,721.28 174,838,197.97 209,844,774.95 221,949,680.77 234,417,733.78 247,259,828.37 260,487,185.80 274,111,363.96 288,144,267.46 302,598,158.06 Total Value Change: $5,809,562.585,983,849.46 6,163,364.946,348,265.896,538,713.87 13,469,750.5616,657,591.53 20,369,854.79 8,249,791.19 25,491,854.77 27,786,121.70 31,969,476.69 35,006,576.98 12,104,905.83 12,468,053.00 12,842,094.59 13,227,357.43 13,624,178.15 14,032,903.50 14,453,890.60 County Tax Increment Payment 95% 26,159.36 53,103.49 80,855.95 109,440.99 138,883.58 199,535.30 274,541.27 366,262.86 403,410.10 518,195.08 643,310.71 787,263.19 944,891.15 999,397.24 1,055,538.52 1,113,364.03 1,172,924.31 1,234,271.39 1,297,458.89 1,362,542.01 12,781,349.42 City Tax Increment Payment95%32,479.8165,934.02100,391.85135,883.42172,439.73247,745.74340,874.17 454,756.94 500,879.46 643,398.04 798,743.30 977,476.66 1,173,189.68 1,240,865.18 1,310,570.95 1,382,367.89 1,456,318.73 1,532,488.11 1,610,942.56 1,691,750.65 15,869,496.88 Grand Total 58,639.17 119,037.51 181,247.81 245,324.41 311,323.31 447,281.04 615,415.44 821,019.80 904,289.56 1,161,593.12 1,442,054.01 1,764,739.84 2,118,080.83 2,240,262.42 2,366,109.46 2,495,731.91 2,629,243.04 2,766,759.50 2,908,401.45 3,054,292.66 28,650,846.30 Page 162 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Appendix D Statement of Neighborhood Impact Florida Statutes include a requirement addressing community redevelopment areas that contain low- or moderate-income housing, as the North Greenwood CRA Plan does. It is the intent to retain, improve, and increase the housing stock within North Greenwood. The CRA Plan does not propose any specific project which would result in the acquisition or demolition of existing residential structures nor the relocation of current residents in the area. Any future project supported by the CRA Plan and its financing mechanisms that requires the involuntary displacement of any resident shall be accompanied by a project relocation plan in accordance with Chapter 163, Florida Statutes. The project relocation plan must be approved by the City Council/Community Redevelopment Agency Trustees in a publicly noticed Trustees' meeting prior to receiving final approvals. The following information is provided to address the anticipated impact of the CRA Plan’s redevelopment upon the residents of the neighborhood. Relocation The CRA Plan does not include any preemptive public residential land ownership demolition that would require the relocation of any residents. The city does own the former Elks Lodge commercial property that is vacant and scheduled for demolition due to the building’s deteriorated structural condition. The city owns other vacant residential properties within the CRA limits and anticipates working with its partners to make the properties available for infill residential redevelopment through a publicly approved process. Traffic Circulation The CRA Plan limits are served by city, county, and state roadways and county bus transit services. The existing transportation facility’s levels of service, roadway functional classifications, and bus transit routes and frequencies are included in the plan. All facilities are operating at acceptable levels of service and are not anticipated to fail with the projected redevelopment of existing vacant or underutilized properties. The redevelopment is anticipated to be consistent with the city’s adopted Comprehensive Plan Future Land Use and its Community Development Code zoning designations. This will require a future amendment to the Community Development Code. The area is also served by the Pinellas Trail, a recreational multi-use facility that connects all of Pinellas County through its 75-mile length. The CRA Plan includes strategies to increase bicycle and pedestrian mobility in the neighborhood. The city has also planned vehicular improvements to the North Fort Harrison Avenue roadway that includes improvements for pedestrians and cyclists resulting in decreased traffic speed and increased bicycle and pedestrian safety in the neighborhood. Environmental Quality The North Greenwood CRA limits include Stevenson Creek, a major tributary that outfalls Clearwater Harbor and the Gulf of Mexico. The city has completed past environmental improvements, including the removal of 115,000 cubic yards of sand and organic muck, and increased the tidal volume west of Fairmont Street bridge towards the Pinellas Trail bridge. Exotic vegetation was removed, and native plants were installed. A 3.2-acre mangrove shelf was installed to provide habitat and water quality benefits. The city is evaluating additional recreational improvements at the Stevenson Creek Shuffleboard & Lawn Bowling Complex that may include additional environmental improvements. CRA Plan strategies include the promotion of voluntary annexation and replacement of private septic systems with city sewer connections, increased public realm landscaping, and park amenities that will add to creek resource protection and increased community shading and access. Adopted xx.xx.2023 | Page 163 Appendices Availability of Community Facilities and Services The North Greenwood CRA area benefits from numerous existing community facilities. There are 46.76-acres of city-owned park lands, the North Greenwood Recreation & Aquatic Complex, the North Greenwood Library, the Pinellas Trail, and the Pinellas County African American History Museum. Effect Upon School Population While redevelopment of vacant residential lands within the North Greenwood CRA limits will increase population, it is assumed that the increased student-aged population will be minor and not have a large effect on public schools. Analysis shows a total of 22.96-acres of vacant residential land exists. An estimate of potential residential units using a minimum 5,000 gross square foot lot may produce 200 new residential units. The current household size is estimated at 2.42 people per household and would yield 485 new persons. If existing household population age percentages are equaled, then it is estimated that 145 additional students may be anticipated if all vacant residential acreage is redeveloped. The Pinellas County School system is a choice-based selection process. Students are able to attend locally zoned schools but are eligible to attend any countywide school. Capacity is available in the public school system to absorb these potential new students. Other Items Affecting the Physical and Social Quality of the Neighborhood The North Greenwood area has a long history of dealing with the pervasive effects of a high concentration of poverty. The CRA Plan includes people-based strategies to help address these underlying issues and support housing, education, and employment initiatives with assistance from the city and partner organizations. Estimated TIF generation is not going to be an adequate source in the short term to make substantive progress. The city is dedicating $5 million of its American Rescue Plan Act (ARPA) funding to advance implementation actions. The CRA Plan identifies that approximately 238 acres (28.31%) within the total 840.77-acre limits are tax-exempt properties. Tax-exempt properties include city, county, school district, church, and other institutional ownership. These properties will not contribute to the trust fund but are important partners that will assist with plan implementation. The plan calls for CRA staff to coordinate the service delivery of these partners to achieve redevelopment goals Page 164 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Appendix E TIF Expenditures The Finding of Necessity Study (Study) identified blight factors within the North Greenwood area to be addressed by the goals, objectives, and strategies of this CRA Plan. The goals and objectives provide overarching guidance for what the strategies should work toward achieving. There were six goals developed based on input from the community. A list of those goals and how the strategies within each goal addresses the blight factors from the Study is provided below. • Public Safety addresses the reduction of crime and code violations as well as fire and EMS calls through programs that expand and continue relationships and education with the City of Clearwater Police and Fire Departments and grant opportunities and community clean-up days to assist with blight properties.• Mobility addresses an increase in transportation opportunities to allow residents better access to employment through expanded transit and sidewalk and trail connections.• Poverty Reduction addresses low median income, poverty, and recidivism through employment opportunities, workforce development, and business assistance programs.• Housing Affordability addresses the substandard housing, low median house value, and households being cost-burdened through programs providing rent subsidies to cost burdened households, emergency assistance to low-income residents for life safety home repairs, and a grant program to incentive the construction of affordable housing.• Quality of Life addresses access to recreational opportunities and improving public health outcomes through coordination of existing organizations providing service to the community, convene health care providers to develop strategies to improve health outcomes, and examine recreational facilities to increase community access outside standard hours. • Invest in Youth addresses opportunities for youth education, mentoring, and job readiness through implementation of a job readiness program, increased access to childcare, and providing a mentoring service for youth. The strategies in the CRA Plan have an estimated cost and funding source identified in Table 15 CRA Implementation Table. The City of Clearwater does not intend to incur debt as a result of the costs identified in Table 15 this CRA Plan. Adopted xx.xx.2023 | Page 165 Appendices Area Wide Recommended Land Use Change and Redevelopment OpportunitiesLand Use, Zoning, and Design Standards Project Description 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Continue to prohibit short term rentals Limit lot assembly in single-family areas Update 1995 Residential Infill Study and establish design guidelines or new zoning district that addresses existing "small" lots and allows additional density to support missing middle housing Work with owners of small apartment complexes to avoid demolition and encourage preservation of affordable housing units Redevelopment Opportunities Project Description 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Meet with the owners of vacant properties to develop a strategy for redevelopment CRA Staff Partner with an organization(s) to redevelop lots in single-family neighborhoods as affordable units CRA Staff CRA = Community Redevelopment Agency Table 16 CRA Emphasis Area TIF Expenditures by Year Page 166 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Area A: North Ward School/Seminole Boat Ramp Area Land Use, Zoning, and Design Standards Project Description 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Continue to implement the Clearwater Downtown Redevelopment Plan and Downtown District and Design Standards Redevelopment Opportunities Project Description 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Request Letters of Interest or issue RFP/Q for the private redevelopment of the North Ward School property with adaptive reuse of the structure and expanded mixed-use housing and public activity on the property CRA Staff Provide grant funds to support historic preservation of the building and construction of community spaces on the North Ward School property Area B: North Fort Harrison Avenue/North Myrtle Avenue Corridors Land Use, Zoning, and Design Standards Project Description 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Continue to implement the Clearwater Downtown Redevelopment Plan and Downtown District and Design Standards Redevelopment Opportunities Project Description 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Support private infill residential and commercial redevelopment on vacant and underutilized properties $50,000 $50,000 $50,000 $50,000 CRA = Community Redevelopment Agency Adopted xx.xx.2023 | Page 167 Appendices Area C: CSX Industrial Area/Armory Area Land Use, Zoning, and Design Standards Project Description 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Update zoning, site development, and fire code standards if needed to support shared commercial kitchens, multi-tenant flexible spaces, and shared driveway entries Redevelopment Opportunities Project Description 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Provide grants for renovations and build out to support new businesses $50,000 $50,000 Area D: North Greenwood Recreation & Aquatic Complex/North Greenwood LibraryLand Use, Zoning, and Design Standards Project Description 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 None Identified Redevelopment Opportunities Project Description 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 None Identified CRA = Community Redevelopment Agency Page 168 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Area E: North Martin Luther King, Jr. Avenue Corridor Land Use, Zoning, and Design Standards Project Description 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Complete the North Martin Luther King, Jr. Avenue corridor design charette and accompanying recommendations Redevelopment Opportunities Project Description 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Request Letters of Interest or issue RFP/Q to redevelop the former Elks Lodge property to add commercial, community use, and possibly compatible infill mixed residential development CRA Staff Support private infill residential and commercial redevelopment on vacant and underutilized properties $100,000 $100,000 $200,000 $200,000 $300,000 Area F: Curtis Museum/Cherry Harris Park Area Land Use, Zoning, and Design Standards Project Description 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 None Identified Redevelopment Opportunities Project Description 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Work with the Pinellas County School District to investigate and expand the adaptive reuse of the Curtis Museum building’s second floor and site Provide matching funds to repair Curtis Museum facilities Support private infill of affordable residential redevelopment on vacant and underutilized properties $50,000 $50,000 $50,000 $50,000 CRA = Community Redevelopment Agency Adopted xx.xx.2023 | Page 169 Appendices Area G: Clearwater Intermediate/Martin Luther King, Jr. Community Center/Cemetery Area Land Use, Zoning, and Design Standards Project Description 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 None Identified Redevelopment Opportunities Project Description 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Work with the Martin Luther King Jr. Community Center to investigate and support the renovation and potential expansion of the building and site to support plan goals Support private infill of affordable residential redevelopment on vacant and underutilized properties $50,000 $50,000 Area H: Stevenson Creek/Shuffleboard & Lawn Bowling Complex AreaLand Use, Zoning, and Design Standards Project Description 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 None Identified Redevelopment Opportunities Project Description 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Support private infill of affordable residential redevelopment on vacant and underutilized properties $50,000 Area I: Calvin A. Hunsinger/Sandy Lane Schools Area Land Use, Zoning, and Design Standards Project Description 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 None Identified Redevelopment Opportunities Project Description 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Support private infill of affordable residential redevelopment on vacant and underutilized properties $50,000 CRA = Community Redevelopment Agency Page 170 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Capital Improvement Projects (CIP)Project/Strategy 2023 2024 2025 2026 2027 Provide a 4 foot wide sidewalk on at least one side of every street in the North Greenwood area Redesign and construction of North Fort Harrison Avenue to encourage active transportation Pinellas Trail safety & placemaking improvements $50,000 $50,000 Provide new bicycle/pedestrian connections to Pinellas Trail from the Seminole Boat Ramp and the North Greenwood Recreation and Aquatic Complex Design & construct improvements to the Shuffleboard & Lawn Bowling Complex to provide access to Stevenson Creek and additional recreational amenities Provide improvements to Overbrook Park Provide improvements to North Betty Lane Park Design improvements to reduce the odor from the Marshall Street Wastewater Treatment Plant Convert private septic to the city's sewer system in the unincorporated enclave Total TIF Dollars Allocated $0 $0 $0 $50,000 $50,000 Notes:1. Any unused TIF dollars will roll over to future years.2. The City of Clearwater will abide by Florida Statutes Ch. 163.370(3)(b), which prohibits tax increment revenue from being expended on projects that are in the current CIP or have been in the CIP within the last three years.3. CRA = Community Redevelopment Agency4. Light Blue text are projects or strategies where County TIF dollars can be spent. Table 17 First Five Years of TIF Expenditures, Capital Improvements and Goals Adopted xx.xx.2023 | Page 171 Appendices Goal 1 Policy Implementation: Public Safety Project/Strategy 2023 2024 2025 2026 2027 Partner with housing providers to monitor the rate of opioid use to increase intervention and treatment rates Continue to host a quarterly information panel for the community to ask Clearwater Police questions and review crime data Continue to require annual anti-bias training for the police as provided in the department’s strategic plan Fund one on one mentoring programs, like Refuse to Lose, that break the cycle of poverty driven criminal behavior by providing access to better educational and employment opportunities Pilot new approaches like community paramedicine to reduce the number of medical calls that do not qualify as emergencies (e.g. https://emsa.ca.gov/community_paramedicine) Determine the feasibility of increasing the number of Advanced Life Support (ALS) units at Station #51 Advertise smoke alarm and CPR training programs at Fire Station #51 to North Greenwood area residents Develop grant programs to pay for interior and exterior improvements to blighted properties $40,000 $40,000 $40,000 $40,000 $40,000 Organize clean up days and trash amnesty days prior to code enforcement sweeps Maintain a list of landlords and meet regularly with them to share resources about home improvement CRA Staff Develop programs to encourage neighborhood pride in yard and home appearance CRA Staff Install additional lighting along sidewalks and trails Total TIF Dollars Allocated $40,000 $40,000 $40,000 $40,000 $40,000 Notes:1. Any unused TIF dollars will roll over to future years.2. The City of Clearwater will abide by Florida Statutes Ch. 163.370(3)(b), which prohibits tax increment revenue from being expended on projects that are in the current CIP or have been in the CIP within the last three years.3. CRA = Community Redevelopment Agency4. Light Blue text are projects or strategies where County TIF dollars can be spent. Page 172 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Goal 2 Policy Implementation: Mobility Project/Strategy 2023 2024 2025 2026 2027 Explore creating a Safe Routes to Schools program with Pinellas County Schools Conduct feasibility study of additional on-street parking throughout North Greenwood as a traffic calming measure Develop and install solutions to provide additional shade and amenities on sidewalks and trails $50,000 $50,000 Determine the causes of bicycle/pedestrian crashes from the 2021 Forward Pinellas study and implement solutions to improve safety (e.g. pedestrian crosswalk signals, traffic pattern evaluation)CRA Staff Identify opportunities to increase use of existing transit services and expand transit services CRA Staff Total TIF Dollars Allocated $0 $50,000 $50,000 $0 $0 Notes:1. Any unused TIF dollars will roll over to future years.2. The City of Clearwater will abide by Florida Statutes Ch. 163.370(3)(b), which prohibits tax increment revenue from being expended on projects that are in the current CIP or have been in the CIP within the last three years.3. CRA = Community Redevelopment Agency4. Light Blue text are projects or strategies where County TIF dollars can be spent. Adopted xx.xx.2023 | Page 173 Appendices Goal 3 Policy Implementation: Poverty Reduction Project/Strategy 2023 2024 2025 2026 2027 Hire an organization(s) to develop and implement neighborhood scale business development assistance and marketing program(s) like the Main Street model or other comprehensive programs Hire an organization(s) to develop and implement a neighborhood scale workforce development program(s) Convene Pinellas County Schools, Pinellas County Economic Development, and local colleges to develop a workforce program focused on bringing the county's target industries to the North Greenwood area and employing North Greenwood residents in these target industries Develop city apprenticeship and employment programs for North Greenwood residents that train them to resolve community problems (e.g. weatherize homes)CRA Staff Develop a grant program to fund improvements to commercial buildings, to establish new businesses, and reduce blight in the North Martin Luther King, Jr. Avenue commercial corridor Create an emergency fund to assist low-income residents with one-time costs to mitigate issues that would prevent them from going to work Expand North Greenwood Library hours to support workforce development programming Pair North Greenwood businesses and residents with mentor companies in Clearwater and Pinellas County CRA Staff Quarterly research and report on opportunities for the community to leverage city events to promote local businesses (e.g. local vendors at games at Jack Russell Stadium) Survey residents and business owners on an annual basis to determine if their workforce needs are being met CRA Staff Total TIF Dollars Allocated $0 $0 $0 $0 $0 Notes:1. Any unused TIF dollars will roll over to future years.2. The City of Clearwater will abide by Florida Statutes Ch. 163.370(3)(b), which prohibits tax increment revenue from being expended on projects that are in the current CIP or have been in the CIP within the last three years.3. CRA = Community Redevelopment Agency4. Light Blue text are projects or strategies where County TIF dollars can be spent. Page 174 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Goal 4 Policy Implementation: Housing Affordability Project/Strategy 2023 2024 2025 2026 2027 Determine the feasibility of establishing a land trust to maintain long term affordability of residential properties CRA Staff Provide direct rent subsidy to cost burdened households to prevent displacement Provide an emergency assistance fund for low-income residents for life safety home repairs and renovations to accommodate physical disabilities $7,500 $7,500 $7,500 $7,500 $7,500 Create a "role-model" resident program to encourage community role models to live in North Greenwood $15,000 $15,000 $15,000 Hire an organization(s) to implement homeownership education programs Create a grant program to reduce blight through the repair and preservation of historic homes $100,000 $100,000 Create a grant program to incentivize the construction of affordable housing on vacant, infill lots $100,000 $100,000 Continue current Economic Development & Housing programs and CDBG activities that support homeownership Total TIF Dollars Allocated $7,500 $7,500 $22,500 $222,500 $222,500 Notes:1. Any unused TIF dollars will roll over to future years.2. The City of Clearwater will abide by Florida Statutes Ch. 163.370(3)(b), which prohibits tax increment revenue from being expended on projects that are in the current CIP or have been in the CIP within the last three years.3. CRA = Community Redevelopment Agency4. Light Blue text are projects or strategies where County TIF dollars can be spent. Adopted xx.xx.2023 | Page 175 Appendices Goal 5 Policy Implementation: Quality of Life Project/Strategy 2023 2024 2025 2026 2027 Fund projects and programs that honor North Greenwood's history through memorials, interpretive messaging, and public art installations Expand and increase programming of the Christine Wigfall Morris African American Collection at the North Greenwood Library Help support the operations and expansion of the Pinellas County African American Museum at Curtis Elementary School Explore the feasibility of attracting existing cultural institutions in Pinellas County to relocate or establish additional locations in the North Greenwood area to bring new funding and programs to underutilized spaces CRA Staff Examine all recreational facilities and determine how to increase community access for recreational use outside of standard operating hours Work with Pinellas County Schools to examine school properties to determine how to increase communty access for recreational use outside of standard operating hours Promote historic preservation through public education and assistance with local designation Continue to fund existing recreation programs that serve youth and seniors (scholarships, Silver Sneakers etc.) Support the installation and management of community gardens Support organizations implementing community engagement programs Coordinate the efforts of neighborhood associations, non-profit service providers, churches and other organizations through quarterly meetings in the North Greenwood area CRA Staff Convene local health care providers to develop funding strategies to improve public health outcomes (e.g. community health workers, access to fresh food etc.)CRA Staff Support organizations that provide adult mental health and wellness programs Total TIF Dollars Allocated $0 $0 $0 $0 $0 Notes:1. Any unused TIF dollars will roll over to future years.2. The City of Clearwater will abide by Florida Statutes Ch. 163.370(3)(b), which prohibits tax increment revenue from being expended on projects that are in the current CIP or have been in the CIP within the last three years.3. CRA = Community Redevelopment Agency4. Light Blue text are projects or strategies where County TIF dollars can be spent. Page 176 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Goal 6 Policy Implementation: Invest in Youth Project/Strategy 2023 2024 2025 2026 2027 Continue to utilize community liaison teams and invest in Operation Graduate, arts and sports programs, and other youth focused activities that build relationships between police officers and residents Increase afterschool and summer programs at North Greenwood Recreation and Aquatic Complex Address child poverty through direct payments for children in low-income households to ensure adequate access to food, technology, and transportation Work with partners to implement and enhance workforce development and youth job readiness programs, including year-round afterschool employment Support increased access to high-quality childcare and early childhood education Work with partners including the Pinellas County School District to leverage the planned middle school “Innovation” program delivery CRA Staff Hire an organization(s) to provide mentoring services to assist children with receiving social service benefits and participating in educational programs Expand North Greenwood Library hours to serve youth afterschool and on the weekends Support organizations that provide youth mental health and wellness programs Increase availability to and awareness of private afterschool and summer programs in the North Greenwood area Total TIF Dollars Allocated $0 $0 $0 $0 $0 Grand Total TIF Dollars Allocated First 5 Years $47,500 $97,500 $112,500 $312,500 $312,500 Total TIF Projection Each Year $58,639 $119,038 $181,248 $245,324 $311,323 Notes:1. Any unused TIF dollars will roll over to future years.2. The City of Clearwater will abide by Florida Statutes Ch. 163.370(3)(b), which prohibits tax increment revenue from being expended on projects that are in the current CIP or have been in the CIP within the last three years.3. CRA = Community Redevelopment Agency4. Light Blue text are projects or strategies where County TIF dollars can be spent. Adopted xx.xx.2023 | Page 177 Appendices Capital Improvement ProjectsProject/Strategy 2028 2029 2030 2031 2032 Provide a 4 foot wide sidewalk on at least one side of every street in the North Greenwood area Redesign and construction of North Fort Harrison Avenue to encourage active transportation Pinellas Trail safety & placemaking improvements $50,000 $50,000 $50,000 $50,000 $50,000 Provide new bicycle/pedestrian connections to Pinellas Trail from the Seminole Boat Ramp and the North Greenwood Recreation and Aquatic Complex $200,000 $200,000 $200,000 $200,000 $200,000 Design & construct improvements to the Shuffleboard & Lawn Bowling Complex to provide access to Stevenson Creek and additional recreational amenities Provide improvements to Overbrook Park Provide improvements to North Betty Lane Park Design improvements to reduce the odor from the Marshall Street Wastewater Treatment Plant Convert private septic to the city's sewer system in the unincorporated enclave Total TIF Dollars Allocated $250,000 $250,000 $250,000 $250,000 $250,000 Notes:1. Any unused TIF dollars will roll over to future years.2. The City of Clearwater will abide by Florida Statutes Ch. 163.370(3)(b), which prohibits tax increment revenue from being expended on projects that are in the current CIP or have been in the CIP within the last three years.3. CRA = Community Redevelopment Agency4. Light Blue text are projects or strategies where County TIF dollars can be spent. Table 18 Years 6-10 of TIF Expenditures, Capital Improvements and Goals Page 178 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Goal 1 Policy Implementation: Public Safety Project/Strategy 2028 2029 2030 2031 2032 Partner with housing providers to monitor the rate of opioid use to increase intervention and treatment rates Continue to host a quarterly information panel for the community to ask Clearwater Police questions and review crime data Continue to require annual anti-bias training for the police as provided in the department’s strategic plan Fund one on one mentoring programs, like Refuse to Lose, that break the cycle of poverty driven criminal behavior by providing access to better educational and employment opportunities Pilot new approaches like community paramedicine to reduce the number of medical calls that do not qualify as emergencies (e.g. https://emsa.ca.gov/community_paramedicine) Determine the feasibility of increasing the number of Advanced Life Support (ALS) units at Station #51 Advertise smoke alarm and CPR training programs at Fire Station #51 to North Greenwood area residents Develop grant programs to pay for interior and exterior improvements to blighted properties $40,000 $40,000 $40,000 $40,000 $40,000 Organize clean up days and trash amnesty days prior to code enforcement sweeps Maintain a list of landlords and meet regularly with them to share resources about home improvement CRA Staff Develop programs to encourage neighborhood pride in yard and home appearance CRA Staff Install additional lighting along sidewalks and trails Total TIF Dollars Allocated $40,000 $40,000 $40,000 $40,000 $40,000 Notes:1. Any unused TIF dollars will roll over to future years.2. The City of Clearwater will abide by Florida Statutes Ch. 163.370(3)(b), which prohibits tax increment revenue from being expended on projects that are in the current CIP or have been in the CIP within the last three years.3. CRA = Community Redevelopment Agency4. Light Blue text are projects or strategies where County TIF dollars can be spent. Adopted xx.xx.2023 | Page 179 Appendices Goal 2 Policy Implementation: Mobility Project/Strategy 2028 2029 2030 2031 2032 Explore creating a Safe Routes to Schools program with Pinellas County Schools Conduct feasibility study of additional on-street parking throughout North Greenwood as a traffic calming measure Develop and install solutions to provide additional shade and amenities on sidewalks and trails Determine the causes of bicycle/pedestrian crashes from the 2021 Forward Pinellas study and implement solutions to improve safety (e.g. pedestrian crosswalk signals, traffic pattern evaluation)CRA Staff Identify opportunities to increase use of existing transit services and expand transit services CRA Staff Total TIF Dollars Allocated $0 $0 $0 $0 $0 Notes:1. Any unused TIF dollars will roll over to future years.2. The City of Clearwater will abide by Florida Statutes Ch. 163.370(3)(b), which prohibits tax increment revenue from being expended on projects that are in the current CIP or have been in the CIP within the last three years.3. CRA = Community Redevelopment Agency4. Light Blue text are projects or strategies where County TIF dollars can be spent. Page 180 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Goal 3 Policy Implementation: Poverty Reduction Project/Strategy 2028 2029 2030 2031 2032 Hire an organization(s) to develop and implement neighborhood scale business development assistance and marketing program(s) like the Main Street model or other comprehensive programs Hire an organization(s) to develop and implement a neighborhood scale workforce development program(s) Convene Pinellas County Schools, Pinellas County Economic Development, and local colleges to develop a workforce program focused on bringing the county's target industries to the North Greenwood area and employing North Greenwood residents in these target industries Develop city apprenticeship and employment programs for North Greenwood residents that train them to resolve community problems (e.g. weatherize homes)CRA Staff Develop a grant program to fund improvements to commercial buildings, to establish new businesses, and reduce blight in the North Martin Luther King, Jr. Avenue commercial corridor Create an emergency fund to assist low-income residents with one-time costs to mitigate issues that would prevent them from going to work Expand North Greenwood Library hours to support workforce development programming Pair North Greenwood businesses and residents with mentor companies in Clearwater and Pinellas County CRA Staff Quarterly research and report on opportunities for the community to leverage city events to promote local businesses (e.g. local vendors at games at Jack Russell Stadium) Survey residents and business owners on an annual basis to determine if their workforce needs are being met CRA Staff Total TIF Dollars Allocated $0 $0 $0 $0 $0 Notes:1. Any unused TIF dollars will roll over to future years.2. The City of Clearwater will abide by Florida Statutes Ch. 163.370(3)(b), which prohibits tax increment revenue from being expended on projects that are in the current CIP or have been in the CIP within the last three years.3. CRA = Community Redevelopment Agency4. Light Blue text are projects or strategies where County TIF dollars can be spent. Adopted xx.xx.2023 | Page 181 Appendices Goal 4 Policy Implementation: Housing Affordability Project/Strategy 2028 2029 2030 2031 2032 Determine the feasibility of establishing a land trust to maintain long term affordability of residential properties CRA Staff Provide direct rent subsidy to cost burdened households to prevent displacement Provide an emergency assistance fund for low-income residents for life safety home repairs and renovations to accommodate physical disabilities $7,500 $7,500 $10,000 $10,000 $10,000 Create a "role-model" resident program to encourage community role models to live in North Greenwood $15,000 $15,000 $15,000 $15,000 $15,000 Hire an organization(s) to implement homeownership education programs Create a grant program to reduce blight through the repair and preservation of historic homes $100,000 $100,000 $200,000 $200,000 $200,000 Create a grant program to incentivize the construction of affordable housing on vacant, infill lots $100,000 $200,000 $300,000 $400,000 $600,000 Continue current Economic Development & Housing programs and CDBG activities that support homeownership Total TIF Dollars Allocated $222,500 $322,500 $525,000 $625,000 $825,000 Notes:1. Any unused TIF dollars will roll over to future years.2. The City of Clearwater will abide by Florida Statutes Ch. 163.370(3)(b), which prohibits tax increment revenue from being expended on projects that are in the current CIP or have been in the CIP within the last three years.3. CRA = Community Redevelopment Agency4. Light Blue text are projects or strategies where County TIF dollars can be spent. Page 182 | Adopted xx.xx.2023 North Greenwood Community Redevelopment Area Plan Goal 5 Policy Implementation: Quality of Life Project/Strategy 2028 2029 2030 2031 2032 Fund projects and programs that honor North Greenwood's history through memorials, interpretive messaging, and public art installations Expand and increase programming of the Christine Wigfall Morris African American Collection at the North Greenwood Library Help support the operations and expansion of the Pinellas County African American Museum at Curtis Elementary School Explore the feasibility of attracting existing cultural institutions in Pinellas County to relocate or establish additional locations in the North Greenwood area to bring new funding and programs to underutilized spaces CRA Staff Examine all recreational facilities and determine how to increase community access for recreational use outside of standard operating hours Work with Pinellas County Schools to examine school properties to determine how to increase communty access for recreational use outside of standard operating hours Promote historic preservation through public education and assistance with local designation Continue to fund existing recreation programs that serve youth and seniors (scholarships, Silver Sneakers etc.) Support the installation and management of community gardens Support organizations implementing community engagement programs Coordinate the efforts of neighborhood associations, non-profit service providers, churches and other organizations through quarterly meetings in the North Greenwood area CRA Staff Convene local health care providers to develop funding strategies to improve public health outcomes (e.g. community health workers, access to fresh food etc.)CRA Staff Support organizations that provide adult mental health and wellness programs Total TIF Dollars Allocated $0 $0 $0 $0 $0 Notes:1. Any unused TIF dollars will roll over to future years.2. The City of Clearwater will abide by Florida Statutes Ch. 163.370(3)(b), which prohibits tax increment revenue from being expended on projects that are in the current CIP or have been in the CIP within the last three years.3. CRA = Community Redevelopment Agency4. Light Blue text are projects or strategies where County TIF dollars can be spent. Adopted xx.xx.2023 | Page 183 Appendices Goal 6 Policy Implementation: Invest in Youth Project/Strategy 2028 2029 2030 2031 2032 Continue to utilize community liaison teams and invest in Operation Graduate, arts and sports programs, and other youth focused activities that build relationships between police officers and residents Increase afterschool and summer programs at North Greenwood Recreation and Aquatic Complex Address child poverty through direct payments for children in low-income households to ensure adequate access to food, technology, and transportation Work with partners to implement and enhance workforce development and youth job readiness programs, including year-round afterschool employment Support increased access to high-quality childcare and early childhood education Work with partners including the Pinellas County School District to leverage the planned middle school “Innovation” program delivery CRA Staff Hire an organization(s) to provide mentoring services to assist children with receiving social service benefits and participating in educational programs Expand North Greenwood Library hours to serve youth afterschool and on the weekends Support organizations that provide youth mental health and wellness programs Increase availability to and awareness of private afterschool and summer programs in the North Greenwood area Total TIF Dollars Allocated $0 $0 $0 $0 $0 Grand Total TIF Dollars Allocated Years 6-10 $512,500 $612,500 $815,000 $915,000 $1,115,000 Total TIF Projection Each Year $447,281 $615,415 $821,020 $904,290 $1,161,593 Notes:1. Any unused TIF dollars will roll over to future years.2. The City of Clearwater will abide by Florida Statutes Ch. 163.370(3)(b), which prohibits tax increment revenue from being expended on projects that are in the current CIP or have been in the CIP within the last three years.3. CRA = Community Redevelopment Agency4. Light Blue text are projects or strategies where County TIF dollars can be spent. City Council Monday, January 9, 2023 & Thursday, January 12, 2023 1 Agenda What is a CRA? Existing Conditions Public Engagement Vision Plan Implementation Governance and Appendices Approval Timeline What is a CRA? 3 Tool to direct tax revenue to geographic area to address blight, inadequate infrastructure, brownfields, and vacancy by incentivizing redevelopment Planning and coordination mechanism to blend people-and place-based strategies to improve economic mobility and provide affordable housing Creating a Community Redevelopment Area The Florida Redevelopment Association summarizes the steps to create a CRA as follows: •Adopt a Finding of Necessity Study (completed August 2020) •Develop and adopt a Community Redevelopment Plan •Create a Redevelopment Trust Fund 4 North Greenwood CRA Boundary 5 Finding of Necessity Study 6 The incidence of crime in the area is higher than in the remainder of the county or municipality. Fire and emergency medical service calls to the area are proportionately higher than in the remainder of the county or municipality. A greater number of violations of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality. Higher prevalence for poverty, households spending more than 35% of income on housing costs, housing with substandard conditions, and lower median income and home values. Existing Conditions 7 •Population & Demographics •6,619 residents of CRA •27% of households below poverty rate •Median income of $35,277 •Housing & Neighborhood •Median home value of $219,000 •Over 48% of households are cost burdened •Car Ownership •16% of households have no vehicle available •Business & Employment •Majority of residents work outside CRA •Health Risk Assessment •CRA area has higher prevalence of chronic health conditions Existing Conditions •Parks and Recreation •Various parks and amenities available •Community Centers •Recreation Complex •MLK Community Center •Cultural, Community, and Historic Places •Library, Garden Club, Playhouse •Schools and Health Centers •Over a dozen churches 8 Existing Conditions •Existing Use •40.59 acres unincorporated •Over 48% Single-Family •Future Land Use•Residential Urban almost 40% •Zoning •Over 52% zoned for residential •Public & Semi-Public Owned Property •City owns 64 parcels in CRA 9 Existing Conditions •Natural Environment •Stevenson Creek •Coastal High Hazard & Coastal Storm Areas •Flood Zones •Wetlands •Streets and Transit •Road network and classification •Bike and pedestrian facilities •PSTA & Jolley Trolley •Utilities and Infrastructure •Stormwater •Sanitary Sewer •Potable Water & Reclaimed Water •Natural Gas 10 Public Engagement •Postcard Mailing •Website •Community Survey •Community Workshops •Youth Engagement Event •Faith Leadership Roundtable 11 Engagement Response •Poverty reduction and economic and redevelopment opportunities •Higher intensity opportunities in Old Bay District along Ft. Harrison Avenue •Focus on MLK corridor •Rehabilitation of existing single- family homes •Increased connection to Pinellas Trail and Stevenson Creek •Increased access to public facilities after school and on weekends •Coordination and capacity building for existing non-profits 12 North Greenwood CRA Vision 13 •Chapter 1 Introduction •Chapter 2 Existing Conditions •Chapter 3 Vision, Goals, & Redevelopment Policies •Chapter 4 Plan Implementation •Chapter 5 Governance •Appendices A-D 14 Plan Implementation •TIF Projections •Funding Recommendations •Emphasis Area Recommendations •CRA Implementation 15 •20-year planning period ending in 2043 •Trust Fund created for CRA •Projections use current millage rates •City and county contribute 95% of tax increment to Trust Fund •Must commit 50% of total TIF to three county priority areas to get 95% •TIF funds restricted 16 TIF Projections -$28.6 million over 20 years •Affordable Housing •Renovation/Rehabilitation •Small-scale infill development •Economic Development •Increase employment opportunities 17 Funding Recommendations – TIF Expenditures •Mobility •Improve walking and biking options •Improve access to transit •CRA Administration •Affordable Housing •Renovation/Rehabilitation •Small-scale infill development •Economic Development •Increase employment opportunities •Mobility•Improve walking and biking options•Improve access to transit •CRA Administration 18 Funding Recommendations – TIF Expenditures Funding Recommendations – ARPA Expenditures •$5 million in ARPA funds for CRA •Allow implementation to begin year one •No restriction on use •Focus on people-based strategies •Must be expended by end of 2026 19 Emphasis Area Recommendations •Area A –North Ward School/Seminole Boat Ramp Area •Area B –North Fort Harrison & North Myrtle Avenue Corridors •Area E –North Martin Luther King, Jr. Avenue Corridor 20 CRA Implementation Capital Improvement Program (CIP) •Improvements to sidewalk/trail connections and parks, redesign Ft. Harrison Avenue CRA Plan Goals •Public Safety •Provide programs for blighted properties and police, fire, and medical education for residents, improve sidewalk/trail lighting, continue clean up days •Mobility •Improve bicycle/pedestrian safety, provide Safe Routes to School, conduct on-street parking study, improve sidewalk/trail amenities, increase/expand transit •Poverty Reduction •Create business and workforce development, mentoring and apprenticeship programs, improve MLK corridor, provide one-time emergency assistance 21 CRA Implementation CRA Plan Goals •Housing Availability •Provide rental assistance, increase homeownership support and education, provide home repair program, create affordable housing incentives •Quality of Life •Expand culture and history programs, include public art and creative placemaking, increase access to recreation facilities, improve public health outcomes, support adult mental wellness •Invest in Youth •Increase afterschool and summer programs, provide job training and readiness, increase access to childcare, provide mentoring programs, expand library hours, support youth mental wellness 22 Governance •State and County Auditing Requirements •Ten-year Update Required by Pinellas County •City Council has authority to amend CRA Plan •CRA Trustees establish programs, budget, and invest in projects •City to establish 5-member Citizens Advisory Committee (CAC) •Proposed hybrid approach: 3 elected and 2 appointed members •Members receive annual stipend •CAC makes recommendations to CRA Trustees 23 Appendices A-E •Appendix A Legal Description •Appendix B CRA Local Assessment •Appendix C Tax Increment Projections •Appendix D Neighborhood Impact Assessment •Appendix E TIF Expenditures 24 CRA Approval Timeline 25 •January 9, 2023 -City Council Work Session Trust Fund & CRA Plan Discussion •January 12, 2023 -City Council 1st Reading of Ordinance for Trust Fund & CRA Plan Adoption •February 2,2023 -City Council 2nd Reading of Ordinance and approval of Trust Fund •April or May of 2023 -Board of County Commissioners Questions? 26 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1399 Agenda Date: 1/12/2023 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Approve establishing a Redevelopment Trust Fund for the North Greenwood Community Redevelopment Area and pass Ordinance 9642-23 on first reading. SUMMARY: Florida law authorizes the use of tax increment financing districts and redevelopment trust funds through the Community Redevelopment Act of 1969 (see Sec. 163.387). After the establishment of a “base year”, tax increment financing directs a percentage of future increases in City of Clearwater and Pinellas County property tax revenues generated. This increased revenue, known as the “increment”, is then used to fund eligible redevelopment projects that can be funded on a “pay-as-you-go-basis” or with bond financing. City Council created a Community Redevelopment Agency during the process of adopting the Redevelopment Plan for Downtown Clearwater in 1982. Additionally, Ordinance No. 2779-82, created a Redevelopment Trust Fund to finance or refinance community redevelopment projects by the City of Clearwater Community Redevelopment Agency related to this plan. In order for the city to establish the redevelopment trust fund for the North Greenwood area, the Pinellas County Board of County Commissioners (BCC) must approve the North Greenwood Community Redevelopment Area Plan (CRA Plan) and delegate to City Council the authority to establish the trust fund. City Council is scheduled to take action on Resolution 23-01, adopting the CRA Plan, at their January 12, 2023, meeting. City Council will also consider Ordinance 9642-23, which establishes the redevelopment trust fund for the North Greenwood Community Redevelopment Area at their January 9, 2023, and February 2, 2023, meetings. After local adoption, the CRA Plan and redevelopment trust fund will be transmitted to the BCC for their consideration, which is expected to take place in April or May of 2023. It is anticipated Pinellas County will commit 95% of its tax increment in the North Greenwood CRA to the redevelopment trust fund through the 20-year planning period ending in 2043. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 1/10/2023 Ordinance No. 9642-23 ORDINANCE NO. 9642-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ESTABLISHING A REDEVELOPMENT TRUST FUND PURSUANT TO SECTION 163.387, FLORIDA STATUTES TO PROVIDE FOR THE DEPOSIT OF FUNDS INTO THE TRUST FUND FOR THE NORTH GREENWOOD COMMUNITY REDEVELOPMENT AREA AS ESTABLISHED BY RESOLUTION 23-01; ESTABLISHING THE BASE YEAR FOR THE COMMUNITY REDEVLOPMENT AREA; PROVIDING FOR THE FUNDING OF THE REDEVELOPMENT TRUST FUND FOR THE COMMUNITY REDEVELOPMENT AREA; PROVIDING FOR THE APPROPRIATION OF TAX INCREMENT REVENUES OF THE CITY AND THE COUNTY TO THE REDEVELOPMENT TRUST FUND; PROVIDING FOR THE USE OF SUCH FUNDS BY THE COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR THE DURATION OF THE TAX INCREMENT FINANCING; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of Florida has enacted the Community Redevelopment Act of 1969, as amended, and codified as Part Ill, Chapter 163, Florida Statutes (the "Redevelopment Act"); and WHEREAS, all powers arising through the Redevelopment Act were conferred by that Act upon counties which have adopted home rule charters, which counties in turn are authorized to delegate such powers to municipalities within their boundaries when such municipalities desire to undertake redevelopment within their respective municipal boundaries; and WHEREAS, Pinellas County, Florida (the "County") and the City of Clearwater, Florida (the "City") mutually desire to increase the ad valorem tax base of the County and City; and WHEREAS, under circumstances where a delegation for redevelopment has already occurred and the City wishes to expand that delegation, the County finds that delegation of certain redevelopment powers and authority to the City under the Redevelopment Act is an appropriate vehicle to accomplish the necessary planning for redevelopment within the proposed area in the City; and WHEREAS, the Board of County Commissioners of Pinellas County. Florida, by its Resolution No. 81-466 dated June 30,1981, delegated to the City Council of the City of Clearwater, Florida, the power and authority to conduct redevelopment activities as defined in the Redevelopment Act; and WHEREAS, the City Council of the City of Clearwater, by its Resolution No. 20-52 dated October 14, 2020, declared a blighted area in North Greenwood and the need for a Ordinance No. 9642-23 Community Redevelopment Agency to carry out redevelopment activities in the blighted area; and WHEREAS, the City Council of the City of Clearwater, by its Resolution No. 81-68 dated August 6, 1981, declared the City Council to be the Community Redevelopment Agency; and WHEREAS, the City Council of the City of Clearwater, by its Resolution No. 23-01 dated January 12, 2023, adopted a Redevelopment Plan for the North Greenwood Community Redevelopment Area (“CRA”); now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Creation and Purpose There is hereby established and created, pursuant to Section 163.387, Florida Statutes, a Redevelopment Trust Fund, hereinafter referred to as the "Fund," to be used exclusively to finance or refinance community redevelopment projects by the City of Clearwater Community Redevelopment Agency, pursuant to Chapter 163, Florida Statutes, Part 111, Community Redevelopment Act. The funds allocated to, and deposited into, the Fund as provided in this Ordinance are hereby appropriated to the City of Clearwater Community Redevelopment Agency, hereinafter referred to as "Agency," to finance the City of Clearwater community redevelopment projects within the redevelopment area identified in Resolution No. 23-01 of the City of Clearwater, as it may be amended from time to time. The Agency shall utilize the funds and revenues paid into and earned by the Fund for those community redevelopment purposes delegated to it as contained in the plan for redevelopment and as provided by law, and such fund shall exist for the duration of the projects within the redevelopment area, and for so long thereafter as indebtedness continues to exist. Section 2. Monies Appropriated to and Comprising the Fund The Redevelopment Trust Fund shall consist of, and the City of Clearwater hereby appropriates, commits, and sets over for payment into the Fund a sum equal to that increment from the income, proceeds, revenues, and funds of the City derived from or earned in connection with the community redevelopment project area, and agencies undertaking and carrying out of the community redevelopment projects therein. Such tax increment shall be determined and appropriated annually, and shall be an amount equal to 95 percent of the difference between: (a) The amount of ad valorem taxes levied each year by the City and County, exclusive of any amount from any debt service millage, on taxable real property contained within the geographic boundaries of the redevelopment area as defined in the adopted Redevelopment Plan for North Greenwood (Resolution No. 23-01); and (b) The amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by the County and City, Ordinance No. 9642-23 exclusive of any amount from any debt service millage, upon the total of the assessed value of the taxable property in the above-referenced redevelopment area as shown upon the assessment role used in connection with the taxation of such property by the County and the City prior to the effective date of Ordinance No. 9642-23 of the City of Clearwater. In calculating the increment, the amount of ad valorem taxes levied based on county-wide debt service on general obligation County bonds or city-wide debt service on general obligation City bonds shall be excluded from the calculation. All increments in this amount shall continue to be used for its voter-approved purpose and shall not be appropriated in any part to the Fund. In no year shall the County or City obligation to the Fund exceed the amount of that year's tax increment as defined by this ordinance. The Agency is directed to establish and set up the Fund and to develop and promulgate rules, regulations, and criteria whereby the Fund may be promptly and effectively administered, including the establishment and maintenance of books and records and adoption of procedures whereby the Agency may, expeditiously and without undue delay, utilize such funds for their allocated statutory purpose. The Agency is faced with full responsibility for the receipt, custody, disbursement, accountability, management, and proper application of all monies paid into the Fund. Section 3. Duration of the Fund Subject to approval by the County, the County and City shall annually appropriate to the Fund the tax increment due the Fund at the beginning of the County and City fiscal year. However, the Fund shall receive the tax increment only as, if and when such taxes are collected. The City's obligation to annually appropriate to the Fund shall commence immediately upon effective date of this Ordinance and continue until all loans, advances, indebtedness, and obligations incurred as a result of the community redevelopment project have been paid or for twenty years from the effective date of this Ordinance, if there has not been at the end of that twenty year period a pledge of the tax increment funding granted by this Ordinance through a formal commitment to expend funds or the issuance, sale, or delivery of an instrument of indebtedness such as bonds or tax anticipation notes described in Section 163.385, Florida Statutes. Notwithstanding the above, in 2033, the County may review its tax increment contribution to determine whether given the totality of the circumstances, it continues to be appropriate to dedicate the County portion of tax increment at the existing level, beyond ten years. Nothing herein precludes the County from considering dedication at a reduced commitment provided that option is legally available. Redevelopment Conditions for 10-year TIF review Ordinance No. 9642-23 The success of the Plan relies on significant private investment in residential, employment, and retail uses so that the North Greenwood area is marketable. Absent realizing this investment, the Plan is not succeeding. 1. Performance of TIF revenues During the 10-year review period, how do the annual TIF revenues collected compare to the estimated revenues? Measures: Collected TIF revenues (per Property Appraiser and Tax Collector) 2. Implementation of North Greenwood Redevelopment Plan During the 10-year review period, how has the City performed in implementing the North Greenwood CRA Plan with particular emphasis on use of TIF funds in implementation. Measures: Capital projects built or almost complete compared to the Capital Improvement Plan of the North Greenwood CRA Plan; and CRA Programs and Initiatives implemented compared to those in the North Greenwood CRA Plan implementation chapter. Changes in the employment opportunities in the North Greenwood CRA comparing the year of Plan adoption to the 10th year after adoption. 3. Effectiveness of North Greenwood Community Redevelopment Area Plan at Mitigating Blighting Influence During the 10-year review period, did the actions implementing the North Greenwood CRA Plan have the desired effect of redeveloping the CRA? Measures: Changes in the North Greenwood CRA assessed property value as compared to the city's assessed value between the years of Plan adoption to the 10th year after adoption. Demographic changes in the North Greenwood CRA and in the city comparing the year of Plan adoption to the 10th year after adoption. Housing changes in the North Greenwood CRA and in the city comparing the year of Plan adoption to the 10th year after adoption. Property ownership rates, code violation enforcement rates, and crime rates in the North Greenwood CRA and in the city comparing the year of Plan adoption to the 10th year after adoption. The City shall submit the data and analysis to the County for the 10-year review no later than October 1, 2033. The Board of County Commissioners shall complete its review prior to March 1, 2034 and shall notify the Community Redevelopment Agency in writing by March 1, 2034, if it intends to eliminate or reduce the amount and/or duration Ordinance No. 9642-23 of the County's tax increment contribution after the 10th year of increment. In the absence of such notification, the contribution shall continue as provided herein. Section 4. Projects The assets of the Redevelopment Trust Fund shall be applied, allocated, expended, and invested or reinvested in furtherance of the projects outlined in the North Greenwood CRA Plan as adopted in Resolution 23-01 or as that Plan is amended from time to time. Such application of the funds shall also be consistent with the provisions of Chapter 163, Florida Statutes, Part Ill, Community Redevelopment Act. There is hereby established and created, in accordance with the provisions of the Act, a Community Redevelopment Trust Fund ("Trust Fund") for the North Greenwood Community Redevelopment Area, which funds shall be utilized and expended for the purposes of and in accordance with the Plan, including any "community redevelopment," as that term is defined in Section 163.340(9), Florida Statutes, under the Plan. The funds deposited or allocated into the Trust Fund are appropriated to the City of Clearwater Community Redevelopment Agency to finance the North Greenwood CRA Plan. The Community Redevelopment Agency shall use the funds paid into or earned by the Trust Fund for any community redevelopment purpose delegated to it, as set forth in the North Greenwood Community Redevelopment Area Plan Resolution No. 23-01. Use of that portion of the tax increment attributable to the County shall be limited to capital improvements, land acquisition, and environmental remediation as more specifically provided in Ordinance 7153-03, as amended by Ordinance 7231-03 and as it is amended from time to time. Section 5. Severability If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. Section 6. Repeal Conflicting Ordinance All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 7. Effective Date This ordinance shall take effect upon adoption of the County ordinance establishing the Redevelopment Trust Fund as provided herein. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Ordinance No. 9642-23 Frank V. Hibbard Mayor Approved as to form: Michael Fuino, Esq. Senior Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1450 Agenda Date: 1/12/2023 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Continue to February 16, 2023: Approve amendments to the Clearwater Comprehensive Plan to address the creation of a new Parks and Recreation impact fee system and pass Ordinance 9638-23 on first reading. (CPA2022-10002) SUMMARY: Page 1 City of Clearwater Printed on 1/10/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1451 Agenda Date: 1/12/2023 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.6 SUBJECT/RECOMMENDATION: Continue to February 16, 2023: Approve amendments to the Clearwater Community Development Code to replace Chapter 54 in its entirety with a revised Chapter 54, creating a new Parks and Recreation impact fee system and pass Ordinance 9639-23 on first reading. (TA2022-10002) SUMMARY: Page 1 City of Clearwater Printed on 1/10/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1362 Agenda Date: 1/12/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve amendments to the Clearwater Code of Ordinances clarifying and repealing certain Business Tax Receipt Categories for seasonal sales and itinerant merchants and vendors at shows or markets and pass Ordinance 9644-23 on first reading. SUMMARY: The Clearwater Code of Ordinances establishes business tax receipts (BTRs) for a variety of uses. Ordinance 9644-23 proposes three amendments relating to itinerant uses. One amendment clarifies that BTR subcategory number 070.070 includes all types of allowable seasonal sales. Over the years this category has not captured fireworks sales, flowers for Mother’s Day, etc. and those uses have been charged to subcategory 070.080. The proposed amendment will reduce confusion for staff regarding the appropriate category and will ensure that all temporary seasonal sales are charged the same tax. The other two amendments eliminate subcategory numbers 070.080 and 070.090 which are taxes for itinerant merchants and vendors at shows or markets. The categories apply to activities that typically take place in the Downtown Community Redevelopment Area (CRA) and soon-to-be North Greenwood CRA such as the Clearwater Market Marie, the Shopping with a Vibe market, the former Downtown Farmer’s Market, etc. Elimination of these BTR subcategories is intended to support individual entrepreneurs and small businesses that participate in these types of shows/markets. Based upon a review of revenues generated by these categories over the past five years, the proposed amendments would likely result in a BTR revenue reduction of approximately $1000 per year which is minimal compared to the $2,000,000 collected annually. Page 1 City of Clearwater Printed on 1/10/2023 Ordinance No. 9488-21 ORDINANCE NO. 9644-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING APPENDIX A, SCHEDULE OF FEES, ARTICLE XXVIII OF THE CODE OF ORDINANCES RELATING TO BUSINESS TAX RECEIPT CATEGORIES; CLARIFYING SUBCATEGORY NO. 070.070 INCLUDES ALL SEASONAL SALES; REPEALING AND RESERVING SUBCATEGORY NUMBERS 070.080 AND 070.090 RELATING TO ITINERANT MERCHANTS AND VENDORS AT SHOWS OR MARKETS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has determined revisions to the Business Tax Receipt Fees are needed to better support community events such as markets, farmer’s markets, arts and crafts shows, holiday markets, etc. which provide excellent opportunities for small businesses and entrepreneurship; and WHEREAS, the costs of business tax receipts for businesses operating on an itinerant basis in such markets and events can exceed the costs of space rental in these temporary locations; and WHEREAS, it is the desire of the City to remove such barriers to help facilitate the broad participation of individual entrepreneurs and small businesses. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Appendix A, Article XXVIII, Business Tax Receipt Fees, Clearwater Code of Ordinances, is amended as follows: XXVII. BUSINESS TAX: [6] Category No. Sub-Category No. Category Fee 001.000 ABSTRACT OR TITLE COMPANIES $255.10 * * * * * * * * 070.000 MERCHANT OR MERCHANDISING: Inventory cost value excludes tobacco and alcoholic beverages (See note B for sale of used merchandise, and alcoholic beverages) 070.010 Inventory cost value $1,000.00 or less 44.30 070.020 Inventory cost value $1,001.00 to $1,999.00 56.90 2 Ordinance No. 9644-23 070.030 Inventory cost value $2,000.00 to $2,999.00 69.80 070.040 Inventory cost value $3,000.00 and over 69.80 Plus, each $1,000 or any fraction thereof over $3,000.00 5.30 070.050 Mobile tool sales 140.10 070.060 Antiques, used merchandise (See note B) 69.80 070.070 Merchant, temporary permanent/location (Christmas tree and pumpkin sales sale of Christmas trees, pumpkins, fireworks, or other seasonal items) 63.00 070.080 Merchant, itinerant, permanent/location Reserve 191.10 070.090 Merchant, show or flea market, per exhibitor, includes food vendors, per event/show Reserve 10.10 070.100 Downtown convention/exhibition center 3,828.30 070.110 Reserved * * * * * * * * * * Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ Matthew J. Mytych, Esq. Rosemarie Call, MPA, MMC Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1258 Agenda Date: 1/12/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Approve an Airpark Lease and Property Operation Agreement between the City of Clearwater (City or Lessor) and FlyUSA PV, LLC (Lessee), for an initial five-year term through February 29, 2028, with one five-year unilateral renewal option, at the discretion of FlyUSA PV, LLC, and four subsequent five-year renewal options subject to mutual agreement of both parties; and authorize the appropriate officials to execute same. SUMMARY: The Clearwater Airpark (Airpark) has been in operation since 1939. It is currently leased to and operated by Clearwater Airpark, Inc. who has operated the Airpark under the terms of their lease for twenty-two years. The lease’s renewal term was set to expire on November 30, 2022. However, on October 26, 2022, an extension was executed by the City of Clearwater and Clearwater Airpark, Inc. to extend the lease for two months beginning on December 1, 2022, with two additional 1-month renewal options possible. Additionally, one of the two 1-month renewal options was exercised, and the lease is now set to expire on February 28, 2022. On June 29, 2022, Request For Qualifications #38-22 (RFQ) was issued to seek out a new operator for the Airpark. Four responses to the RFQ were received and the RFQ closed on August 8, 2022. Of the four respondents, the development partnership of FlyUSA, Inc. and Paradise Group Ventures, Inc. was unanimously selected by the committee tasked with evaluating the four proposals. On September 15, 2022, City Council authorized City staff to enter into negotiations with FlyUSA, Inc. and Paradise Group Ventures, Inc. through Agenda Item #22-0940. The negotiations were to include financial obligations and returns, operational considerations, and management terms for a new lease and operation agreement (Agreement) with this development partnership. The Agreement calls for the Lessee to manage the Airpark on behalf of the City and make certain rental payments to the City in order to do so. The Agreement further calls for the parties to collaborate on new development projects at the Airpark including the development of a new terminal building and additional corporate and T-hangars among other improvements. Furthermore, the Agreement provides for the reduction of flight school activity at the Airpark in order to alleviate noise concerns from nearby neighborhoods and city residents. It should be noted that FlyUSA, Inc. has created a new entity known as “FlyUSA PV, LLC to operate and manage the Airpark. Barry Shevlin, CEO of FlyUSA, Inc., is one of the two managers of this new company to ensure FlyUSA, Inc.’s active involvement in the operation of the Airpark. City staff has reached an agreement with FlyUSA, Inc. and Paradise Group Ventures, Inc. and is requesting approval of the Agreement between the Lessee and the City of Clearwater. Page 1 City of Clearwater Printed on 1/10/2023 File Number: ID#22-1258 APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 1/10/2023 AIRPARK PROFORMA FlyUSA Covers CIP and Provides Monthly Fixed Rent (Dependent Upon Salary, Benefits)Mike at 15%, Eric at 10%, Aaron at 7% No Variable Rent (start date of 2/1/22)START YEAR 2023 END YEAR 2042 REVENUE 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 Rent 275,978.07$ 247,200.00$ 254,616.00$ 262,254.00$ 270,122.00$ 278,226.00$ 286,573.00$ 295,170.00$ 304,025.00$ 313,146.00$ 613,146.00$ 631,540.00$ 650,486.00$ 670,001.00$ 690,101.00$ 710,804.00$ 732,128.00$ 754,092.00$ 776,715.00$ 800,016.00$ Interest on Investments 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ Revenue-Generating CIP Reimbursements -$ -$ -$ 1,400,000.00$ -$ 1,000,000.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ TOTAL REVENUE 280,978.07$ 252,200.00$ 259,616.00$ 1,667,254.00$ 275,122.00$ 1,283,226.00$ 291,573.00$ 300,170.00$ 309,025.00$ 318,146.00$ 618,146.00$ 636,540.00$ 655,486.00$ 675,001.00$ 695,101.00$ 715,804.00$ 737,128.00$ 759,092.00$ 781,715.00$ 805,016.00$ 12,316,339.07$ INTERFUND EXPENSES 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 Interfund Charges Risk Management 390.00$ 398.00$ 406.00$ 414.00$ 422.00$ 430.00$ 439.00$ 448.00$ 457.00$ 466.00$ 475.00$ 485.00$ 495.00$ 505.00$ 515.00$ 525.00$ 536.00$ 547.00$ 558.00$ 569.00$ General Fund Service Charges 6,962.00$ 6,481.00$ 6,611.00$ 6,743.00$ 6,878.00$ 7,016.00$ 7,156.00$ 7,299.00$ 7,445.00$ 7,594.00$ 7,746.00$ 7,901.00$ 8,059.00$ 8,220.00$ 8,384.00$ 8,552.00$ 8,723.00$ 8,897.00$ 9,075.00$ 9,257.00$ General Fund Admin Service Charges 10,490.00$ 10,700.00$ 10,914.00$ 11,132.00$ 11,355.00$ 11,582.00$ 11,814.00$ 12,050.00$ 12,291.00$ 12,537.00$ 12,788.00$ 13,044.00$ 13,305.00$ 13,571.00$ 13,842.00$ 14,119.00$ 14,401.00$ 14,689.00$ 14,983.00$ 15,283.00$ Payment in Lieu of Taxes to General Fund 17,270.00$ 17,000.00$ 15,454.00$ 13,871.00$ 14,279.00$ 14,699.00$ 15,132.00$ 15,577.00$ 16,037.00$ 16,509.00$ 16,996.00$ 17,498.00$ 33,998.00$ 35,010.00$ 36,052.00$ 37,125.00$ 38,231.00$ 39,369.00$ 40,542.00$ 41,750.00$ Transfers to CIP 375,000.00$ 2,572,320.00$ 339,335.00$ 1,020,835.00$ 425,000.00$ 25,000.00$ 225,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ TOTAL INTERFUND EXPENSES 410,112.00$ 2,606,899.00$ 372,720.00$ 1,052,995.00$ 457,934.00$ 58,727.00$ 259,541.00$ 60,374.00$ 61,230.00$ 62,106.00$ 63,005.00$ 63,928.00$ 80,857.00$ 82,306.00$ 83,793.00$ 85,321.00$ 86,891.00$ 88,502.00$ 90,158.00$ 91,859.00$ 6,219,258.00$ GENERAL AND ADMINISTRATION 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 Full-Time Salaries 46,232.00$ 34,629.00$ 36,014.00$ 37,455.00$ 38,953.00$ 40,511.00$ 42,131.00$ 43,816.00$ 45,569.00$ 47,392.00$ 49,288.00$ 51,260.00$ 53,310.00$ 55,442.00$ 57,660.00$ 59,966.00$ 62,365.00$ 64,860.00$ 67,454.00$ 70,152.00$ Part-Time Salaries 3,443.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Special Pay 135.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Overtime Pay 440.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Life Ins $2500 Empl & Pens 3.00$ 3.00$ 3.00$ 3.00$ 3.00$ 3.00$ 3.00$ 3.00$ 3.00$ 3.00$ 3.00$ 3.00$ 3.00$ 3.00$ 3.00$ 3.00$ 3.00$ 3.00$ 3.00$ 3.00$ Life Ins SAMP 117.00$ 111.00$ 115.00$ 120.00$ 125.00$ 130.00$ 135.00$ 140.00$ 146.00$ 152.00$ 158.00$ 164.00$ 171.00$ 177.00$ 185.00$ 192.00$ 200.00$ 208.00$ 216.00$ 224.00$ Major Medical Insurance 9,230.00$ 6,624.00$ 7,286.00$ 8,015.00$ 8,817.00$ 9,699.00$ 10,669.00$ 11,736.00$ 12,910.00$ 14,201.00$ 15,621.00$ 17,183.00$ 18,901.00$ 20,791.00$ 22,870.00$ 25,157.00$ 27,673.00$ 30,440.00$ 33,484.00$ 36,832.00$ Social Security 2,351.00$ 1,963.00$ 2,041.00$ 2,123.00$ 2,208.00$ 2,296.00$ 2,388.00$ 2,483.00$ 2,583.00$ 2,686.00$ 2,793.00$ 2,905.00$ 3,021.00$ 3,142.00$ 3,268.00$ 3,399.00$ 3,535.00$ 3,676.00$ 3,823.00$ 3,976.00$ Pension Plan Contribution 1,100.00$ 294.00$ 305.00$ 318.00$ 330.00$ 344.00$ 357.00$ 372.00$ 386.00$ 402.00$ 418.00$ 435.00$ 452.00$ 470.00$ 489.00$ 509.00$ 529.00$ 550.00$ 572.00$ 595.00$ Workers Compensation 308.00$ 215.00$ 223.00$ 232.00$ 242.00$ 251.00$ 261.00$ 272.00$ 283.00$ 294.00$ 306.00$ 318.00$ 331.00$ 344.00$ 357.00$ 372.00$ 387.00$ 402.00$ 418.00$ 435.00$ Disability Insurance 93.00$ 96.00$ 100.00$ 104.00$ 108.00$ 113.00$ 117.00$ 122.00$ 127.00$ 132.00$ 137.00$ 142.00$ 148.00$ 154.00$ 160.00$ 166.00$ 173.00$ 180.00$ 187.00$ 194.00$ Life Ins CWA 50.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Employee Benefits Fixed Charges 164.00$ 114.00$ 119.00$ 124.00$ 129.00$ 134.00$ 139.00$ 145.00$ 150.00$ 156.00$ 163.00$ 169.00$ 176.00$ 183.00$ 190.00$ 198.00$ 206.00$ 214.00$ 223.00$ 232.00$ TOTAL GENERAL AND ADMINISTRATION EXPENSES 63,666.00$ 44,049.00$ 46,206.00$ 48,494.00$ 50,915.00$ 53,481.00$ 56,200.00$ 59,089.00$ 62,157.00$ 65,418.00$ 68,887.00$ 72,579.00$ 76,513.00$ 80,706.00$ 85,182.00$ 89,962.00$ 95,071.00$ 100,533.00$ 106,380.00$ 112,643.00$ 1,438,131.00$ TOTAL OPERATING EXPENSES 473,778.00$ 2,650,948.00$ 418,926.00$ 1,101,489.00$ 508,849.00$ 112,208.00$ 315,741.00$ 119,463.00$ 123,387.00$ 127,524.00$ 131,892.00$ 136,507.00$ 157,370.00$ 163,012.00$ 168,975.00$ 175,283.00$ 181,962.00$ 189,035.00$ 196,538.00$ 204,502.00$ NET INCOME (LOSS)(192,799.93)$ (2,398,748.00)$ (159,310.00)$ 565,765.00$ (233,727.00)$ 1,171,018.00$ (24,168.00)$ 180,707.00$ 185,638.00$ 190,622.00$ 486,254.00$ 500,033.00$ 498,116.00$ 511,989.00$ 526,126.00$ 540,521.00$ 555,166.00$ 570,057.00$ 585,177.00$ 600,514.00$ 4,658,950.07$ 20 Year Total 20 Year Total 20 Year Total 20 Year Total 1 LEASE AND PROPERTY OPERATION AGREEMENT THIS LEASE AND PROPERTY OPERATION AGREEMENT (this “Agreement”) is between the City of Clearwater, Florida, a municipal corporation of the State of Florida (the “City” or “Lessor”) and FlyUSA PV, LLC, a Florida limited liability company (“Lessee” and collectively with Lessor, the “Parties”). R E C I T A L S WHEREAS, Lessor is the owner of the Clearwater Airpark, located at 1000 N. Hercules Avenue, Clearwater, Florida 33765, which Lessor intends to revitalize through redevelopment of the facilities; and WHEREAS, Lessor intends for the Clearwater Airpark to continue to be used as a public- use airport that provides safe and efficient services for the benefit of the public by means of a lease and operating agreement; and WHEREAS, Lessee desires to acquire the lease and operational rights for the Clearwater Airpark in exchange for certain rental payments; and WHEREAS, Lessor and Lessee seek to obtain matching grant funds from the Florida Department of Transportation (“FDOT”) for certain capital improvement projects for the Clearwater Airpark with Lessor to provide funding contributions upfront and Lessee to provide reimbursement to Lessor for a portion of total project costs; and WHEREAS, Lessee is dedicated to ensuring that flight training remains available at the Clearwater Airpark while at the same time mitigating noise pollution and disturbance to nearby single-family neighborhoods; and WHEREAS, Lessee is dedicated to providing current active tenants leasing space for aircrafts with opportunities to continue leasing space at the Clearwater Airpark; and WHEREAS, the Parties intend to work together in good faith to secure the funds from FDOT and move forward with the revitalization and redevelopment of the Clearwater Airpark. W I T N E S S E T H: NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: Article 1 Definitions 1. “Aeronautical Activity or Service” - Shall mean any activity or service which involves, makes possible, or is required for the operation of aircraft or which contributes to, or is 2 required for, the safety of such operations and shall include, but not by way of limitation, all activities commonly conducted at airports, such as charter operations, flight training school, aircraft rental, aircraft storage, air taxi operations, sightseeing, aerial photography, surveying, aircraft sales and service, sale of aviation petroleum products (whether or not conducted in conjunction with other included activities), repair and maintenance of aircraft, sale of aircraft parts, sale and maintenance of aircraft accessories, radio, communication and navigation equipment, flying clubs and any other activity which, because of its direct relationship to the operation of aircraft, can appropriately be regarded as an "Aeronautical Activity or Service". Aeronautical Activity or Service shall not include regularly scheduled air carrier operations, skydiving, glider training and operations (motorized and nonmotorized), aerial advertising, crop dusting, all manufacturing, fabricating or assembly operations or ultra-light operations; therefore, these activities are expressly prohibited at the Airpark. 2. this “Agreement” – Shall mean this Lease and Property Operation Agreement. 3. the “Airpark” - Shall mean the Clearwater Airpark, owned by the City and more particularly described in Exhibit “A”. 4. the “City” or “Lessor” - Shall mean the City of Clearwater, Florida, and any of the designated officials of the City who are vested with the specific authority to govern the activities of the Airpark. 5. “Airpark Tenant” - Shall mean any entity other than Lessee that holds a lease or other agreement authorized by this Agreement for use of the Premises to conduct Aeronautical Activity or Service. 6. the “Master Plan” - Shall mean the master plan for the Airpark as adopted by Lessor’s city council on or about October 5, 2000, as amended on May 20, 2021, and any subsequent amendments thereto approved by Lessor’s city council, and the scaled dimensional layout of the entire Airpark, indicating current and proposed usage for each identifiable segment as approved by Lessor and the State of Florida attached to this Agreement as Exhibit “C”. 7. “Structures” – shall mean above ground buildings, runways, taxiways and other objects permanently affixed to the ground at the Airpark. Article 2 Premises 2.1 Premises. Lessor hereby leases to Lessee and Lessee leases from Lessor, upon all of the conditions set forth herein, that certain real property situated in Pinellas County, Florida, at 1000 N. Hercules Avenue, Clearwater, Florida 33765, commonly known as the Clearwater Airpark and consisting of the real property legally described in Exhibit “A” attached hereto and made a part hereof (hereinafter referred to as the “Premises” or the “Airpark”), together with all improvements thereon and appurtenances thereto. 2.2 Lessor Access to Premises. Lessee acknowledges and understands that Lessor shall continue to have access to the Premises in order to fulfill its obligations under this Agreement, 3 perform any municipal function of government, or exercise any other right it has to access the Premises provided in this Agreement or otherwise by law. Lessor shall continue to have access to all surface and subsurface utilities within the Premises for the construction, repair, maintenance, alteration, replacement, relocation, or removal of such utilities. Furthermore, Lessee understands that Lessor and the public shall continue to use the access road located on the Western side of N. Hercules Ave. for ingress and egress to the Premises as well as to the adjacent municipal compressed natural gas station. Article 3 Term 3.1 Initial Term. Unless terminated earlier pursuant to the terms and conditions of this Agreement, the initial term of this Agreement shall begin on March 1, 2023 and shall continue until February 29, 2028 (the “Initial Term”). 3.2 Renewal Periods. a) Upon the expiration of the Initial Term and provided that Lessee is not then in default, Lessee shall have the unilateral option to renew this Agreement for one (1) five (5) year renewal period (the “First Renewal Period”). Subsequent to the First Renewal Period and upon mutual agreement of the Parties, the Parties shall have the option to extend this Agreement for four (4) additional five (5) year renewal periods (each, a “Subsequent Renewal Period” and collectively, the “Subsequent Renewal Periods”). b) In the event that Lessor does not agree to renew this Agreement for the second renewal period, Lessor agrees to pay to Lessee at the end of the First Renewal Period a sum of 1.5 times the amount Lessee has expended on the design and construction of FDOT Projects as identified in Article 12, Section 12.2. This requirement shall not apply to renewal options not agreed to by Lessor after the second renewal period. c) Lessee shall provide Lessor with written notice of Lessee’s intent to renew this Agreement no later than one hundred and twenty (120) days prior to the expiration of the Initial Term or, if renewed previously, one hundred and twenty (120) days prior to the expiration of any of the aforementioned renewal terms (“Notice of Renewal”). In the event Lessee does not agree to renew this Agreement within the notice period, this Agreement shall be subject to termination at the end of the current term at the discretion of Lessor without penalty to Lessor. 4 Article 4 Building Lessor shall provide a building to serve as a general aviation terminal for use by Lessee that contains a reasonable amount of space properly lighted for office space, storage, a public waiting area that includes indoor restroom facilities, and a public use telephone. Upon fifteen (15) days’ notice from Lessor, Lessee shall provide meeting space for City employees and officials for meetings on matters arising out of or relating to the Airpark. Article 5 Standard Requirements for Airpark Operation and All Services 5.1 In its operation of the Airpark and providing all of the services or activities specified in this Agreement, Lessee shall operate the Airpark for the use and benefit of the public and meet or exceed the following requirements and standards: a) Lessee shall furnish service and access to the Premises on a fair, reasonable and nondiscriminatory basis to all users of the Airpark. Lessee shall furnish good, prompt, and efficient service adequate to meet all reasonable demands for its services at the Airpark. Lessee shall charge fair, reasonable, and nondiscriminatory prices for each unit of sale or service; provided, however, that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers. b) Lessee shall select and appoint a full-time manager of its operations at the Airpark. The manager shall be qualified, experienced, and vested with full power and authority to act in the name of Lessee with respect to the method, manner, and conduct of the operation of the fixed-base services. The manager shall be available at the Airpark during regular business hours. During the manager's absence, a duly authorized and adequately trained subordinate shall be in charge and available at the Airpark. Lessee agrees that a duly authorized representative shall attend any City meeting that Lessor deems necessary that involves the operation of the Airpark to answer any questions about the Airpark’s operations. c) Lessee shall provide, at its sole expense, qualified and trained employees during hours of operation to provide the services required or authorized by this Agreement. Lessee's employees shall maintain a seven (7) day week schedule to support the Aeronautical Activity and Service as well as other uses authorized by this Agreement consistent with the Airpark’s hours of operation. Lessee shall also provide an adequate number of staff to ensure after hours security and serve as a reporting mechanism for unauthorized take offs and landings between the hours of 11:00 p.m. and 7:00 a.m. d) Lessee shall control the conduct, demeanor and appearance of its employees, who shall be trained by Lessee and who shall possess such technical qualifications and hold such certificates of qualification as may be required in carrying out assigned duties. It shall be the responsibility of Lessee to maintain close supervision over its employees. 5 e) Lessee shall meet all expenses and payments in connection with the use of the Premises and the rights and privileges herein granted, including licenses or permits required by law in the normal course of business. Lessee shall pay all taxes and assessments against the Premises leased to Lessee by this Agreement, and against the leasehold and any other property interests under this Agreement. Lessee may, however, at its sole expense and cost, contest any tax, fee or assessment. f) During the term of this Agreement, Lessee shall have the right, at its expense, to place in or on the Premises a sign or signs identifying Lessee. Said sign or signs shall be of a size, shape, design, and at a location or locations approved by Lessor and must comply with all City code requirements. Lessee shall remove, at its expense, all lettering, signs and placards so erected on the Premises at the expiration or termination of this Agreement. g) Lessee shall create and utilize lease forms for the rental of shade hangars, T- hangars, corporate hangars, and tie down rental spaces for airplanes. Hangar and tie down vacancies shall be filled in a fair, impartial, and nondiscriminatory manner in accordance with a policy developed by Lessee which shall be made available to Lessor upon request. h) Lessee shall provide, upon Lessor’s written request documentation as to Lessee's technical and financial ability to perform the services of proposed operation at all times during the term of this lease. Such evidence of technical and financial ability shall consist of, but not necessarily be limited to, a statement of financial position certified by an officer of Lessee as to its correctness and reviewed by the City auditor and other licenses, permits or certificates required by law and applicable to Lessee's proposed operation. i) Lessee shall not do business on the Premises in any business name other than the name of the business as it appears in this Agreement or the names “FlyUSA” or “FlyUSA, Inc.” without written permission of Lessor. j) Hours of Operation. Except as specifically provided otherwise in Article 13 of this Agreement, aircraft shall be permitted to operate from the Airpark between 7:00 a.m. and 11:00 p.m. for takeoffs and landings. The Airpark shall be closed to takeoffs and landings at all other times except when authorized in writing by the City Manager or designated representative. Takeoffs and landings beginning at 6:00 a.m. for traffic reporting aircraft shall only be with the written permission of the City Manager or designated representative, and such permission is revocable at any time within the City Manager’s sole discretion. Emergency "on call" service will be provided during off duty hours by Lessee. k) Lessee shall provide apron servicing of and assistance to aircraft, including itinerant parking, storage, and tie down service for both based and itinerant aircraft upon or within facilities leased to Lessee or aircraft parking areas designated by Lessor. l) Customary accommodations for the convenience of users, including passenger and pilot lounge areas, information services, telephone service connections to the Flight Service Station and/or the United States Weather Bureau, pilot accessories, appropriate vending machines, and rental car services as may be appropriate shall be provided by Lessee. 6 m) Lessee shall ensure the availability of an adequate number and type of fire extinguishers, and pieces/units of appropriate ground support equipment (“GSE”), to meet airport user requirements and all applicable governmental codes and laws. n) Unicom System and NOTAMS. Lessee shall provide, maintain, and operate an airport UNICOM station providing continuous airport advisory services during the hours set forth in Section 5.1(j), Hours of Operation. By federal law, Lessor shall be the sole holder of the Unicom station license. Lessee shall be responsible for promptly issuing Notice to Airmen (“NOTAMs”) and other necessary public information involving the status and operation of the Airpark as well as any condition affecting aeronautical use of the airport. o) Instrument Approach. The Parties hereby agree that Lessee shall be responsible for working with the Federal Aviation Administration (“FAA”) to publish an instrument approach at the Airpark (the “Instrument Approach”). If the Instrument Approach is published, Lessor shall be the sole owner of the Instrument Approach in perpetuity. Lessee understands and acknowledges that its efforts to obtain the Instrument Approach shall not grant Lessee any rights to the Instrument Approach and Lessee shall retain no rights in or to the Instrument Approach. p) Notifications. Lessee shall promptly notify the City Manager or designated representative of any dangerous or unsafe conditions, accidents, or other incidents involving damage to property or injury to persons at or connected to the Airpark. q) Lessee agrees to comply with the American Disabilities Act (“ADA”) requirements as they pertain to the general aviation terminal. Article 6 Minimum Requirements for Aviation Petroleum and Ramp Services 6.1 In providing any of the required services or activities specified herein, Lessee shall operate for the use and benefit of the public and shall meet or exceed the following standards: a) Personnel. Lessee shall employ at least two (2) full-time employees properly trained in aircraft fueling and ramp safety procedures and shall ensure a sufficient number of personnel to provide after-hours security. b) Services. Lessee shall provide aircraft ground guidance within the uncontrolled areas adjacent to the Premises and ramp service, including sale and into plane delivery of aviation fuels, lubricants, and other related aviation products. Lessee shall charge fair, reasonable, and nondiscriminatory prices for each unit of sale or service; provided, however, that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers. c) Fuel Facilities and Fuel Supply. Lessor shall furnish two (2) leased metered and filter equipped dispensers, for dispensing aviation fuel from storage tanks. The tanks will consist of one (1) 12,000-gallon tank for dispensing 100-octane fuel (“Avgas fuel”) and one (1) 12,000-gallon tank for 7 dispensing Jet A fuel. Lessor shall be responsible for any repair and maintenance of the fuel storage tanks. d) Lessee shall ensure the maintenance of pumping equipment in “as is” condition and meeting all applicable safety requirements with reliable metering, filtering and grounding devices subject to independent inspection and with a pumping efficiency capable of servicing aircraft. An adequate supply of 100 octane and Jet A fuel shall be maintained at all times by Lessee and Lessee will secure and maintain an ongoing contract with a fuel supplier to ensure continuous supply of aviation fuel. Lessee shall be responsible for the fuel dispensing equipment on the Premises including repair and maintenance of such equipment regardless of ownership. Article 7 Minimum Requirements for Aircraft Rental 7.1 Should Lessee elect to allow or provide aircraft rental services on the Premises, the service shall be operated for the use and benefit of the public and shall meet or exceed the following standards: a) Personnel. Certified Flight instructors sufficient in number to meet service demands with ratings appropriate for aircraft for rent and currently certified by the FAA shall be employed. b) Aircraft. A total of at least one (1) airworthy, properly equipped aircraft and at least one (1) airworthy, properly equipped instrument single-engine aircraft, owned or leased in writing to Lessee or service provider shall be furnished by Lessee or service provider. c) Customer Notification. Lessee or service provider shall post a sign or placard visible to all rental customers giving notification of insurance coverage, renter liability, and other legal risks associated with any aircraft rental agreement. Article 8 Minimum Requirements for Aircraft Sales 8.1 Should Lessee elect to allow or provide aircraft sales on the Premises, the service shall be operated for the use and benefit of the public and shall meet or exceed the following standards: a) Personnel. At least one (1) commercial pilot currently certified by the FAA, with ratings appropriate for the types of aircraft to be demonstrated shall be employed. b) Dealerships. It shall be at the discretion of Lessee or service provider: (1) whether to be an authorized factory dealer; or (2) what manufacturer Lessee or service provider chooses to represent. All aircraft dealers shall hold a dealership license or permit. 8 Article 9 Minimum Requirements for Air Taxi Operations 9.1 Should Lessee elect to allow or provide air taxi or commuter air operations on the Premises, the entity providing such services must be certified by the FAA under Federal Aviation Regulation Part 135 and Part 121 and registered with the Civil Aeronautics Board under the Economic Regulations of Part 298, and meet the following minimum standards: a) Personnel. A sufficient number of commercial and/or airline transport pilot(s) certified by the FAA to conduct the air taxi shall be employed to meet service demands. b) Aircraft. A minimum of one (1) airworthy, instrument aircraft is required. Beyond this minimum requirement, it shall be left to the discretion of Lessee or service provider to provide the type, category, class, size and number of aircraft to meet the scope and magnitude of the service performed. All aircraft will be owned or leased in writing to Lessee or service provider, will be airworthy, and meet all requirements of the certificate held. Such aircraft shall be under the full operational control of Lessee or service provider. Article 10 Default and Termination 10.1 Termination by Lessee. This Agreement shall be subject to termination by Lessee at its option in the event of any one or more of the following events: a) The material default by Lessor in the performance of any of the terms, covenants or conditions of this Agreement, and in the failure of Lessor to remedy, or undertake to remedy, to Lessee’s satisfaction, such default for a period of thirty (30) days after receipt of written notice from Lessee to remedy the same. In the event the Lessor has commenced to cure the material default, but it is of such nature that it cannot be completely cured within thirty (30) days, then Lessor shall have such reasonable additional time as is necessary to cure the material default; b) The abandonment by Lessor of the Airpark as an airport or airfield; c) Complete destruction of all or a substantial portion of the Airpark pursuant to Article 17, Section 17.5 and not repaired within three hundred and sixty-five (365) days; or d) The lawful assumption by the United States, State of Florida, or any authorized agency thereof, of the operation, control, or use of the Airpark, or any substantial part or parts thereof, in such a manner as to restrict substantially Lessee from conducting business operations for a period in excess of forty-five (45) days. 10.2 Termination by Lessor. This Agreement shall be subject to termination by Lessor at its option in the event of any one or more of the following events: 9 a) The material default by Lessee in the performance of any of the terms, covenants or conditions of this Agreement, and in the failure of Lessee to remedy, or undertake to remedy, to Lessor’s satisfaction, such default for a period of thirty (30) days after receipt of written notice from Lessor to remedy the same. In the event the Lessee has commenced to cure the material default, but it is of such nature that it cannot be completely cured within thirty (30) days, then Lessee shall have such reasonable additional time as is necessary to cure the material default; b) Lessee files a voluntary petition in bankruptcy, including a reorganization plan, makes a general or other assignment for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the property or affairs of Lessee and such receivership is not vacated within thirty (30) days after the appointment of such receiver. Such an event shall be considered a material default; c) Lessor determines that a municipal need exists for all or part of the Premises consistent with Lessor’s Charter; or d) Lessee has violated the terms of this Agreement by a documented consistent pattern of conduct detrimental to the operation of the Airpark. 10.3 Exercise. Exercise of the rights of termination set forth in Sections 10.1 and 10.2, above, shall be by thirty (30) days’ written notice to the other party. Forbearance of timely notice shall not be deemed a waiver of any breach. 10.4 Surrender; Effect of Termination. Upon termination of this Agreement, Lessee shall promptly vacate and surrender to Lessor the Airpark and any Lessor assets contained therein. In any event, such surrender shall be complete on the later of ninety (90) days after receipt of written notice of the intent to terminate or thirty (30) days following effective date of termination. Upon termination of this Agreement for any reason, Lessee, at its sole expense, shall remove from the Premises all signs, trade fixtures, furnishings, personal property, equipment and materials which Lessee was permitted to install or maintain under the rights granted herein and make any repairs to the Premises necessitated by such removal. If Lessee shall fail to do so within the aforementioned time period, Lessor may affect such removal or restoration at Lessee’s expense, and Lessee agrees to pay Lessor such expense promptly upon receipt of a proper invoice therefore. 10.5 Additional Remedies for Material Default. If a material default shall remain uncured thirty (30) days after written notice thereof to the defaulting party, then, in addition to the right of termination, the non-defaulting party may pursue any and all legal or equitable remedies to which the non-defaulting party is entitled, including an action for declaratory or injunctive relief. In the event the defaulting party has commenced to cure the material default, but it is of such nature that it cannot be completely cured within thirty (30) days, then defaulting party shall have such reasonable additional time as is necessary to cure the material default. 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. 10 10.6 Anticipatory Repudiation. Whenever Lessor in good faith has reason to question Lessee’s intent or ability to perform, Lessor may demand that Lessee give a written assurance of Lessee’s intent and ability to perform. In the event that the demand is made and no written assurance is given within fifteen (15) calendar days, Lessor may treat this failure as an anticipatory repudiation of the Agreement and Lessor shall be entitled to terminate this Agreement as provided in Section 10.3. 10.7 Waiver. The waiver of any breach, violation or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to constitute a waiver of any such subsequent breach, violation or default in or with respect to the same or any other covenant or condition hereof. Article 11 Rent and Other Expenses 11.1 Rent. Rent shall be due in monthly installments (the “Monthly Rent”). For the Initial Term and the First Renewal Period, the Monthly Rent shall be in the amount of twenty thousand dollars ($20,000.00). The Monthly Rent shall increase annually by the higher of 3% or the increase in the CPI-U, based on the twelve (12) month period ending two (2) months prior to the effective date of the increase. Additionally, beginning in the second renewal term, the Monthly Rent shall experience a one-time increase of twenty-five thousand dollars ($25,000.00) per month. Lessee agrees to pay the pro rata share of any partial year during the beginning or end of this Agreement. The Monthly Rent shall be due on or before the first day of each calendar month for that calendar month’s rent payment. Lessee agrees to pay Lessor’s sales tax on all rent payments. Lessor shall invoice Lessee for the Monthly Rent via U.S. Mail with invoices deemed “received” five (5) calendar days after mailing or through such other means mutually agreed upon by the Parties in writing. 11.2 Deferred Rent Increase. Notwithstanding Section 11.1, for each twenty-five thousand dollars ($25,000.00) that Lessee reimburses Lessor in excess of two million four hundred thousand dollars ($2,400,000.00) (the “Monetary Threshold”) towards FDOT Projects (as identified in Article 12, Section 12.2), there will be a one (1) month delay in commencement of the twenty-five thousand dollar ($25,000.00) per month rent increase scheduled to become due during the second renewal term of this Agreement. Should Lessee’s reimbursement costs exceed the Monetary Threshold after the second renewal term has begun, the twenty-five thousand dollar ($25,000.00) rent increase shall be suspended beginning the next calendar month for a period of one (1) month per every twenty-five thousand dollars ($25,000.00) reimbursed to Lessor over the Monetary Threshold. In any event, Lessee shall remain responsible for reimbursing all of Lessor’s costs for the aforementioned FDOT Projects. Nothing in this section obligates Lessor to construct any of the FDOT Projects outlined in Article 12, Section 12.2. Such obligations solely arise under Article 12. 11.3 Delinquency Charge. A rent or fee payment shall be delinquent if not paid on or before the tenth (10th) day following the due date and shall accrue interest at the maximum amount allowable by law until paid. Furthermore, a delinquent rent or fee payment shall be considered a material default under this Agreement. 11 11.4 Place of Payment. All payments due Lessor from Lessee shall be delivered to the Marine & Aviation Department, City of Clearwater, 25 Causeway Boulevard, Clearwater, Florida 33767. 11.5 Records and Right to Audit. Lessee agrees to keep all books, accounts, records, and other documents covering all transactions relating to this Agreement in accordance with generally accepted accounting principles for a period of five (5) years and for such additional reasonable period as Lessor may request. Lessor shall have the right to examine such books, accounts, and records and all other documents and material in Lessee’s possession or under its control, with respect to gross sales, tenant fees, sub-lease proceeds, and associated Airpark expenses in accordance with the terms of this Agreement and shall have a reasonable amount of freedom and access thereto for such purposes and for the purpose of making copies and/or abstracts therefrom. Lessor reserves the right to conduct or cause to be conducted an independent audit of any financial transaction under this Agreement, such audit may be performed by the City’s audit staff, a certified public accountant firm, or other auditors designated by Lessor and will be conducted in accordance with applicable professional standards and practices. 11.6 The acceptance by Lessor of any statement by Lessee, or of any payment, shall not be deemed a waiver of the right of Lessor to claim additional payment after a review and inspection of Lessee's books and records nor shall such acceptance constitute a waiver by Lessee of any claim for a refund from Lessor for any overpayment. 11.7 Associated and Capital Expenses. Lessee shall pay all of Lessor’s non-capital expenses associated with the Premises, to include all utilities payments, grounds maintenance, minor repairs and maintenance to the Airpark, security, taxes, assessments, and all other operating expenses which are necessary to properly operate the Premises (“Associated Expenses”). Lessor shall be responsible for payment of all capital expenses (“Capital Expenses”). For purposes of this Agreement, Capital Expenses shall mean those expenses for major repair or replacement of Structures or other utilities located on the Premises, or to the real estate upon which the Structures or utilities are located. Additionally, Capital Expenses shall also mean those expenses for the repair or replacement of any City-owned equipment and vehicles that are not considered fixtures including vehicles and trailers, but specifically excluding fuel pumping equipment, the City-owned tractor, and any lawn mowing equipment. Article 12 FDOT Capital Improvement Projects 12.1 FDOT Funding. Lessor agrees in good faith to pursue FDOT funding for certain capital improvement projects that repair, redevelop, and revitalize the Airpark as outlined in Section 12.2. In consideration for this task, Lessee shall fully reimburse Lessor as provided in this Section 12.1 (a)-(c). The Parties agree that the projects described in Section 12.2 will encompass all of the FDOT capital improvement projects (the “FDOT Projects” or each an “FDOT Project”) 12 contemplated under this Agreement. The Parties shall work together in good faith to prioritize and select the projects to submit to FDOT for matching funding. Lessor will continue to fund all other capital improvement projects not specified as FDOT Projects under Section 12.2, and such projects shall be selected at the discretion of Lessor. a) Eighty Percent (80%) Funding. If FDOT determines that any portion of an FDOT Project qualifies for matching funds to cover eighty percent (80%) of the local share of general aviation airport project costs, the City shall cover the remaining twenty percent (20%) of funding upfront and Lessee shall be responsible for fully reimbursing the City for the City’s match plus any cost overages exceeding the total FDOT Project grant amount. b) Fifty Percent (50%) Funding (Airpark Terminal). If FDOT determines that the redevelopment of the Airpark terminal and associated parking lot (the “Terminal Project”) or any portion thereof qualifies for matching funds to cover only up to fifty percent (50%) of the costs to design and construct the Terminal Project, Lessor agrees to cover the Lessor’s portion of the fifty percent (50%) funding requirement using City funds in an amount not to exceed seven hundred and fifty thousand dollars ($750,000.00) total without expectation of reimbursement by Lessee. Should the funds necessary to satisfy the Lessor’s match contribution for the Terminal Project exceed seven hundred and fifty thousand dollars ($750,000.00), Lessor shall cover the additional funds necessary to meet the funding requirement upfront and Lessee shall be responsible for reimbursing the City for these additional funds contributed towards the match and any cost overages exceeding the total Terminal Project FDOT grant amount. c) Fifty Percent Funding for Other Airpark Projects. If FDOT determines that any other FDOT Project, or any portion thereof, only qualifies for matching funds to cover up to fifty percent (50%) of the FDOT Project, Lessor and Lessee shall work in good faith to reasonably determine whether or not to move forward with the FDOT Project and how to allocate each party’s contribution. 12.2 Schedule of FDOT Projects. The Parties agree that the FDOT Projects shall be developed in the chronological order described in this Section 12.2. The below prioritization of FDOT Projects shall not prohibit the Parties from commencing work on a subsequent FDOT Project before a previous FDOT Project has been completed so long as the previous FDOT Project has commenced development. For purposes of this Agreement, "commenced development” shall mean that applications for an FDOT Project have been submitted in good faith for development approvals or building permits to the City of Clearwater. The Parties further agree that should any other FDOT capital improvement project not listed below become necessary to address serious or immediate health and safety concerns at the Airpark, such a project may, at the discretion of Lessor, take priority over any FDOT Project. 13 1) 2023-24 goal: Design and construction of the new airpark terminal building and associated parking lot; 2) 2024-25 goal: Design and construction of new corporate hangars; and 3) 2025-26 goal: Design and construction of two additional rows of T-hangars and a corporate hangar. 12.3 Selection of Design and Construction Professionals. The Parties agree that the selection of the design and construction professionals for the FDOT Projects will be handled in accordance with the City’s procurement ordinances, policies, and procedures. Such professionals shall include but not be limited to architects, landscape architects, engineers, surveyors, construction managers, design firms, and construction management companies. The committee for the selection of such professionals shall contain five (5) members with four (4) members selected by Lessor and one (1) member selected by Lessee. 12.4 Scope of FDOT Projects. The Parties agree that the designs, scale, scope, costs, and FDOT grant requests for the FDOT Projects shall be mutually agreed to by the Parties with the assistance of the design and construction professionals selected via the City’s procurement processes. In the event the Parties are unable to mutually agree to the design, scale, scope, cost, or FDOT grant request for any FDOT Project, the FDOT Project in question shall not be pursued further by the Parties and Lessee shall continue to manage the Airpark for the remainder of the current lease term excepting those circumstances that warrant early termination as specified under Article 10. 12.5 Letter of Available Funding. As a condition precedent to the hiring of any design or construction professionals as referenced in Section 12.3 for an FDOT Project, Lessee shall provide Lessor with an official letter from an accredited banking institution indicating Lessee has sufficient funds to cover Lessee’s reimbursement obligations for Lessor’s grant match for the FDOT Project. 12.6 Master Plan. The Parties understand that amendments or revisions to the Master Plan may be necessary to permit the development of one or all of the FDOT Projects. In the event such amendments or revisions are necessary, Lessor agrees to cover the costs of such amendments or revisions. 12.7 FDOT Project Reimbursement. a) Lessor shall invoice Lessee in arrears on a quarterly basis via U.S. Mail or through such other means mutually agreed upon by the Parties in writing for those funds owed to Lessor and expended on design and construction of the FDOT Projects. 14 b) Invoices for Lessee’s share of the design costs expended on an FDOT Project shall become due and payable to Lessor during the next quarter and every subsequent quarter following the creation of the initial project design of an FDOT Project. For purposes of this section, design costs shall mean those costs expended on preparing the design and development plans for an FDOT Project as well as costs expended on obtaining development approvals, building permits, and any other necessary government approvals or permits. For purposes of this Agreement, the initial project design is the design professional’s first attempt at designing the FDOT Project with the input received from the Parties and is created before the FDOT Project is submitted to any government agency for development approvals, building permits, or other necessary government approvals or permits. c) Invoices for Lessee’s share of the construction costs expended on an FDOT Project shall become due and payable to Lessor during the next quarter and every subsequent quarter after an FDOT Project has commenced construction. For purposes of this Agreement, construction costs shall mean those costs expended on the preparation for and actual construction of an FDOT Project. For purposes of this Agreement, "commenced construction” shall mean that all preconstruction engineering and design work has been completed, all necessary licenses, permits and local and national environmental clearances have been received, all contractors have been engaged and ordered all essential equipment and supplies as, in each case, can reasonably be considered necessary so that physical construction of the eligible FDOT Project may begin and proceed to completion without foreseeable interruption of material duration, and physical construction (including, at a minimum, excavation for foundations or the installation or erection of improvements) at the primary site of the eligible project has begun. d) For purposes of this section, an invoice shall be considered “received” five calendar (5) days after mailing. Invoices not paid on or before the tenth (10th) day following the due date shall be considered delinquent and shall accrue interest at the maximum amount allowable by law until paid. Furthermore, a delinquent invoice shall be considered a material default under this Agreement. e) In the event Lessee elects to not agree to renew this Agreement pursuant to Article 3 before all Renewal Periods have been exercised, Lessee shall remain responsible for its reimbursement obligations to the City as provided in this Article 12 for FDOT Projects as follows: 1. Lessee shall remain responsible for its reimbursement obligations for design costs for an FDOT Project where the initial project design for an FDOT Project was created during the current or a previous lease term. 15 2. Lessee shall remain responsible for its reimbursement obligations for construction costs for an FDOT Project where construction has commenced during the current or a previous lease term. 12.8 Place of Payment. All payments due Lessor from Lessee for FDOT Project reimbursement costs and expenses shall be delivered to the Marine & Aviation Department, City of Clearwater, 25 Causeway Boulevard, Clearwater, Florida 33767. 12.9 Inability to Obtain FDOT Project Funding. In the event that through no fault of Lessor and Lessee, the Parties are unable to obtain any portion of the funds requested from FDOT to design or construct any of the FDOT Projects specified in Section 12.2, the Parties shall decide whether or not a particular FDOT Project shall move forward and on what terms. Regardless, Lessee agrees to continue to manage the Airpark for the remainder of the current lease term excepting those circumstances that warrant early termination as specified under Article 10. Article 13 Use 13.1 Use. The Premises shall be used and occupied only for use as an airpark and for aviation-related purposes. Use as an airpark and other aviation-related purposes shall include, but not be limited to Aeronautical Activity or Service, takeoff and landing of aircraft, restaurant, retail, office space, and any other activities which may be considered necessary to the operation of the Airpark but not expressly prohibited under the definition of “Aeronautical Activity or Service” in Article 1. Lessee shall be entitled, in common with others so authorized, to the use for their intended purposes of all facilities and improvements of a public nature which now are or may hereafter be connected with or appurtenant to the Airpark, including the use of landing areas, runways, taxiways, navigational aids, terminal facilities and aircraft parking areas designated by Lessor. 13.2 Air Taxi Service Use. If in the future Lessee has the opportunity to provide air taxi services to locations within the City with Electric Vertical Take-Off Landing Vehicles (“EVTOLs”) or other appropriate aircraft based at the Airpark, such a use shall be allowed under this Agreement. 13.3 Flight School Use. a) In consideration of the restrictions agreed to in this Article 13, Lessee shall in good faith, put forth its best commercially reasonable efforts to enter into a long-term agreement with a flight instruction school during the Initial Term to ensure that flight training is available at the Airpark. Further, Lessee shall continue to put forth its best commercially reasonable efforts to maintain a flight school at the Airpark for so long as Lessee continues leasing the Premises. 16 b) Lessee shall ensure that the flight school employs certified flight instructors sufficient in number to meet service demands and currently certified by the Federal Aviation Administration, with appropriate ratings to provide ground instruction, private, commercial, and instrument flight training. c) Lessee shall ensure that the flight school provides at least one (1) airworthy, properly equipped instrument single-engine aircraft, owned or leased in writing to Lessee or the flight school. d) Lessee shall ensue that the posting of a sign or placard visible to all renter pilots giving notification of insurance coverage, student pilot liability, and other legal risks associated with any aircraft rental agreement. e) Flight school training for airplanes shall be permitted Monday through Saturday from 7:00 a.m. to 11:00 p.m. and on Sundays from 11:00 a.m. to 11:00 p.m. with the condition that flight pattern training shall cease thirty (30) minutes after sundown on all days. Flight school training for helicopters shall be permitted Monday through Friday from 7:00 a.m. until 6:00 p.m. and on Saturdays and Sundays from 12:00 p.m. to 6:00 p.m. The flight school may reposition helicopters to or from other airports after 6:00 p.m. two (2) times per week. Flight school training shall not be permitted on the following holidays: Thanksgiving, Christmas Day, Easter, Fourth of July. In addition to the aforementioned holidays, helicopter training shall also not be permitted on the following holidays: Martin Luther King Day, Labor Day, Veterans Day, Memorial Day. 13.4 Limitation on Intensity of Flight School Activity. Lessee shall use its best efforts to implement methods to reduce impacts of the flight school on surrounding neighborhoods. Furthermore, Lessee agrees to reduce helicopter flight training activity by fifty percent (50%) over the Initial Term of this Agreement. The amount of helicopter flight training activity calculated as of year-end December 31, 2022, shall be used as the baseline for the reduced activity requirement for helicopter flight training. These methods of reducing intensity will likely include, but not be limited to: a) Reducing the number of flight school-owned airplanes and helicopters that are based at the Airpark full-time; b) Placing restrictions on the flight school’s helicopter traffic-pattern work and frequency of helicopter training flights; and c) adjusting flight patterns for practicing aircrafts to alleviate effects on nearby neighborhoods. 17 As a part of the annual report to be provided by Lessee to Lessor, Lessee shall produce a report demonstrating the effectiveness of the methods for the reduction in intensity of flight school activity. 13.5 Aircraft Repair and Maintenance Services Use. a) Lessee shall in good faith, put forth its best commercially reasonable efforts to enter into a long-term agreement with a qualified aircraft repair and maintenance service company during the Initial Term to ensure that aircraft repair maintenance services are available at the Airpark. Further, Lessee shall continue to put forth its best commercially reasonable efforts to maintain an aircraft repair and maintenance service company at the Airpark for so long as Lessee continues leasing the Premises. b) Lessee shall ensure that the aircraft repair and maintenance service company employs mechanics certified by the FAA sufficient in number to meet service demands of the Airpark. 13.6 Compliance with Law, Restrictions, and Master Plan. The Parties shall work together at Lessee’s expense, to execute and comply with all applicable statutes, ordinances, rules, orders, regulations, policies, and requirements of the federal, state, county and city governments having jurisdiction over the Premises, and all of their departments and bureaus, applicable to the Premises, as well as all applicable covenants and restrictions of records, which regulate the of the Premises. Lessee shall also comply with any applicable standards set forth in the Master Plan, which may be amended from time to time. Lessee shall keep in effect and post in a prominent place all necessary or required licenses or permits. 13.7 Approval and Enforcement of Leases, Contracts and Other Agreements. It is expressly understood and agreed that, in providing required or optional services pursuant to this Agreement, Lessee shall select all vendors, suppliers or other users of the Airpark. However, Lessor shall have the right to review and approve all contracts, leases, subleases or other agreements with the exception of tie-down and hangar leases which shall not be subject to Lessor’s review and approval. Lessor shall have fifteen (15) days to review and approve such agreements upon receipt from Lessor. If Lessor fails to approve or deny such agreements within this allotted time, such agreements shall be deemed approved. Lessee’s failure to provide Lessor with the opportunity to review and approve such agreements shall, at the option of Lessor, be a material default under this Agreement. Lessee shall be responsible for the enforcement of the provisions contained in hangar leases, tie down leases, vendor and supplier agreements, and all other agreements and shall take action to correct any violation within a reasonable amount of time. All leases and other agreements for use of the Premises shall be based on fair market value in relation to the Tampa Bay Region. 13.8 Accommodation of Active Tenants. As the Parties work together to redevelop the Airpark to a newer, modern facility that will improve the use of the Premises, some of the current 18 aircraft storage options may no longer be available. In the event that an active tenant renting space for aircraft storage is displaced because of the redevelopment of the Airpark, that tenant shall be given a right of first refusal for space that becomes available within the Airpark. For example—if an active tenant previously occupied a shade hangar (“Shade Hangar Tenant”) and shade hangars are no longer available upon the redevelopment of the Airpark, said Shade Hangar Tenant will be given the first right to take over any available hangar space and if hangar space is unavailable, Shade Hangar Tenant will be given the option to lease a tie-down space. In no event shall an active tenant be displaced with no option for space upon the redevelopment of the Airpark. For purposes of this Section 13.8, an “active tenant” shall be defined as a tenant leasing space for storage of aircraft at the Airpark who had an active lease with Clearwater Airpark, Inc. as of February 28, 2023, and has an aircraft which performs at least one (1) takeoff and one (1) landing each month. 13.9 Accommodation of Civil Air Patrol. Lessee agrees to use commercially reasonable efforts to continue to provide space to the Civil Air Patrol at no cost so that they may continue to operate at the Airpark. Article 14 Indemnification 14.1 Indemnification by Lessee. a) Lessee agrees to assume all risks of the Premises and all liability therefore, and shall defend, indemnify, and hold harmless Lessor, its officers, agents and employees from and against any and all loss, liability, and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Premises or Lessee's operations or those of any approved or unapproved tenant, subtenant, licensee, invitee, contractor, subcontractor or other person approved, authorized, or permitted by Lessee in or about the Premises, including losses, liability, and claims related to air and noise pollution, or any other operations pursuant hereto, whether or not based on negligence. Lessee shall defend all such claims, demands, and suits, whether groundless or not, at Lessee's own cost and expense. Further, Lessee does hereby covenant and agree to indemnify, hold harmless, and defend Lessor, its officers, agents, and employees, from and against any and all loss, liability and damages arising out of or in any manner related to any breach by Lessee, its agents, employees, invitees, licensees, contractors, subcontractors, tenants, or subtenants, whether approved or unapproved, of any of the terms, conditions, or other provisions of this Agreement, and name the City as additional insured with respect to all coverage’s except workers’ compensation. b) Lessee agrees to defend, indemnify, and hold harmless Lessor, its officers, agents, and employee from and against any and all claims or liability for compensation under any Workers’ Compensation statute or law arising out of injuries sustained by any employee of Lessee or any licensee, contractor, subcontractor, tenant, or subtenant of Lessee. 19 c) Lessee agrees to indemnify Lessor from and to assume all liability for, and to pay all taxes and assessments of every kind, including taxes imposed or which may be imposed by Pinellas County and Lessor, which by law may be levied or assessed on the Premises occupied by Lessee pursuant to this Agreement, or which arise out of the operations of Lessee, or by reason of occupancy by Lessee or any of Lessee's agents, licensees, invitees, contractors, subcontractors, tenants, or subtenants, whether or not approved by Lessor. Lessee shall be responsible for obtaining bills for all of said taxes and assessments directly from the taxing or assessing authority, and shall promptly deliver to Lessor copies of receipts of payment. d) Lessee's obligations to defend, indemnify, and hold harmless, as set forth in this article, shall include any and all attorneys' fees and investigative expenses, incurred by Lessor in the defense and handling of said suits, claims, damages, and the like, and in enforcing and obtaining compliance with the provisions of this article. 14.2 Survival; Limitations. The indemnity obligations of the Parties hereunder shall survive the expiration or termination of this Agreement. Other than lost profits of Lessee, neither party shall be liable or responsible for any indirect, incidental, consequential, punitive or special damages, whether based upon breach of contract or warranty, negligence, strict tort liability or otherwise, and each party’s liability for damages or losses hereunder shall be strictly limited to direct damages that are actually incurred by the party. 14.3 Sovereign Immunity. Except to the extent sovereign immunity may be deemed to be waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by Lessor nor shall anything included herein be construed as consent by Lessor to be sued by third parties in any matter arising out of this Agreement. Lessor is a political subdivision as defined in Section 768.28, Florida Statutes, and shall be responsible for the negligent or wrongful acts or omissions of its employees pursuant to Section 768.28, Florida Statutes. Article 15 Insurance 15.1 Lessor Insurance Requirements. Lessor shall be required to maintain, at its cost, property insurance covering loss or damage to the Airpark and all of Lessor personal property located therein, including Lessor assets, in an amount not less than the full replacement value thereof, providing protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, flood (in the event the Premises is in a flood zone) special extended perils (“all risk”, as such term is used in the insurance industry). In addition, Lessor shall obtain and maintain, at its cost, commercial general liability insurance in an amount at least equal to that of Lessee. 15.2 Lessee General Insurance Requirements. Lessee shall be required to maintain, at its cost, the following policies of insurance with the following limits, maintained with a carrier having an AM Best Rating of A-VII or better, with coverage on an occurrence basis or, if 20 unavailable, on a claims-made basis with a minimum three (3) year tail following termination or expiration of this Agreement, and naming Lessor as an additional insured and the loss payee on the policies. Copies of the insurance policies shall be provided to Lessor within thirty (30) days of the commencement of the Initial Term and annually thereafter. The insurance limits set forth below may be achieved by a combination of primary and umbrella/excess liability policies. Such policies shall be primary and non-contributory for Lessee’s negligence. a) Commercial General Liability Insurance or equivalent Aviation 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 five million dollars and 00/100 ($5,000,000) per occurrence and five million dollars and 00/100 ($5,000,000) general aggregate. b) Commercial Automobile Liability Insurance coverage for any owned, non- owned, hired or borrowed automobile is required in the minimum amount of one million dollars and 00/100 ($1,000,000) combined single limit. c) Commercial Aircraft Liability Insurance coverage for any owned, non-owned, hired or borrowed aircraft is required in the minimum amount of one million dollars and 00/100 ($1,000,000) combined single limit. d) Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of two million dollars and 00/100 ($2,000,000) 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. e) Crime and Employee Dishonesty Insurance coverage must include fidelity insurance for reimbursement to an employer for these types of losses. Third-party fidelity coverage is also required to cover the acts of an employee against an employer’s clients. Lessee will provide coverage using ISO form CR 00 01 Employee Dishonesty Coverage Form or its equivalent and shall include ISO endorsement CR 04 01 Clients’ Property or its equivalent and ISO endorsement CR 20 14 Loss Payable or its equivalent. f) Workers’ Compensation Insurance and Employer’s Liability Insurance with Workers’ Compensation limits in statutory amount, unless waived by the State of Florida and proof of waiver is provided to the City, and Employer’s Liability Insurance in the minimum amount of five hundred thousand dollars and 00/100 ($500,000) each employee each accident, five hundred thousand dollars and 00/100 ($500,000) each employee by disease, and five hundred thousand dollars and 00/100 ($500,000) disease policy limit. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. (g) Hangar Keeper’s Liability to include property damage for all non-owned aircraft under the care, custody or control of the operator in an amount not less than one million dollars ($1,000,000) each aircraft and one million dollars ($1,000,000) each occurrence. 21 15.3 Insurance for Specific Activities. Lessee shall maintain limits and types of insurance coverage as provided in this Agreement. The minimum limits and types of insurance that Lessee shall maintain in general are set forth in Section 15.2. Additionally, the limits and types of insurance coverage for specific activities of Lessee or service providers at the Airpark are set forth in this article and Lessee or service providers are required to maintain that coverage if those specific activities are engaged in by Lessee or service providers. Lessee shall not be required to obtain a separate policy for a specific activity that is already covered by the terms of the general insurance coverage. If the specific activity engaged in by Lessee is insured by the provisions of its general coverage provided pursuant to the requirements of this Article, then the insurance requirements for that activity will be deemed satisfied and no additional insurance policy or endorsement to a policy shall be required of Lessee. 15.4 Fueling Insurance Requirements. Lessee shall obtain at its expense, and continuously maintain in effect at all times during the term of this Agreement, insurance for Fixed Base Operator (Fueling) and/or Self-Fueling Operator to include broad form contractual liability and the following coverage: a) Fixed Base Operator (Fueling) i. General Liability to include bodily injury, personal injury and property damage for all premises, unlicensed vehicles, and contractual liability in an amount not less than $5,000,000, Combined Single Limit Per Occurrence, or equivalent. ii. Vehicular Liability to include bodily injury and property damage for all licensed vehicles owned, non-owned, or hired in an amount not less than $1,000,000, Combined Single Limit per Occurrence. iii. Hangar Keeper’s Liability to include property damage for all non-owned aircraft under the care, custody or control of the operator in an amount not less than $1,000,000 Each Aircraft and $1,000,000 Each Occurrence. iv. Environmental Impairment to include pollution Legal Liability and Remediation Legal Liability in an amount not less than $1,000,000, Combined Single Limit per Occurrence. v. Workers’ Compensation as required by the State of Florida. vi. Fire and Extended Coverage to be maintained in an amount not less than the full replacement value (FRV) of airport facilities on leasehold premises. Products and Completed Operations in an amount not less than $1,000,000, Combined Single Limit per Occurrence. b) Self-Fueling Operator (Fueling) i. General Liability to include bodily injury, personal injury and property damage for all premises, unlicensed vehicles, and contractual liability in an amount not less than $5,000,000, Combined Single Limit Per Occurrence, or equivalent. ii. Vehicular Liability to include bodily injury and property damage for all licensed vehicles owned, non-owned, or hired in an amount not less than $1,000,000, Combined Single Limit per Occurrence. 22 iii. Environmental Impairment to include pollution Legal Liability and Remediation Legal Liability in an amount not less than $1,000,000, Combined Single Limit per Occurrence. iv. Workers’ Compensation as required by the State of Florida. v. Fire and Extended Coverage to be maintained in an amount not less than the full replacement value (FRV) of airport facilities on leasehold premises. vi. Products and Completed Operations in an amount not less than $1,000,000, Combined Single Limit per Occurrence. 15.5 Flight Training Insurance Requirements. Lessee or service provider shall obtain at their expense, and continuously maintain in effect at all times during the term of this Agreement, insurance for Flight Training to include broad form contractual liability and the following coverage: a) Flight Training i. General Liability to include bodily injury, personal injury and property damage for all premises, unlicensed vehicles, and contractual liability in an amount not less than $5,000,000, Combined Single Limit Per Occurrence, or equivalent. ii. Vehicular Liability to include bodily injury and property damage for all licensed vehicles owned, non-owned, or hired in an amount not less than $1,000,000, Combined Single Limit per Occurrence. iii. Aircraft and Passenger Liability to include bodily injury, property damage, and passenger injury, with a minimum of $1,000,000 per passenger, for all owned or operated aircraft. iv. Workers’ Compensation as required by the State of Florida. v. Fire and Extended Coverage to be maintained in an amount not less than the full replacement value (“FRV”) of airport facilities on leasehold premises. 15.6 Aircraft Rental Insurance Requirements. Lessee or service provider shall obtain at their expense, and continuously maintain in effect at all times during the term of this Agreement, insurance for Aircraft Rental to include broad form contractual liability and the following coverage: a) Aircraft Rental i. General Liability to include bodily injury, personal injury and property damage for all premises, unlicensed vehicles, and contractual liability in an amount not less than $5,000,000, Combined Single Limit Per Occurrence, or equivalent. ii. Vehicular Liability to include bodily injury and property damage for all licensed vehicles owned, non-owned, or hired in an amount not less than $1,000,000, Combined Single Limit per Occurrence. iii. Aircraft and Passenger Liability to include bodily injury, property damage, and passenger injury, with a minimum of $1,000,000 per passenger, for all owned or operated aircraft. 23 iv. Workers’ Compensation as required by the State of Florida. v. Fire and Extended Coverage to be maintained in an amount not less than the full replacement value (FRV) of airport facilities on leasehold premises. 15.7 Aircraft Sales Insurance Requirements. Lessee or service provider shall obtain at their expense, and continuously maintain in effect at all times during the term of this Agreement, insurance for Aircraft Sales to include broad form contractual liability and the following coverage: a) Aircraft Sales i. General Liability to include bodily injury, personal injury and property damage for all premises, unlicensed vehicles, and contractual liability in an amount not less than $5,000,000, Combined Single Limit Per Occurrence, or equivalent. ii. Vehicular Liability to include bodily injury and property damage for all licensed vehicles owned, non-owned, or hired in an amount not less than $1,000,000, Combined Single Limit per Occurrence. iii. Hangar Keeper’s Liability to include property damage for all non-owned aircraft under the care, custody or control of the operator in an amount not less than $1,000,000 Each Aircraft and $1,000,000 Each Occurrence. iv. Aircraft and Passenger Liability to include bodily injury, property damage, and passenger injury, with a minimum of $1,000,000 per passenger, for all owned or operated aircraft. v. Workers’ Compensation as required by the State of Florida. vi. Fire and Extended Coverage to be maintained in an amount not less than the full replacement value (FRV) of airport facilities on leasehold premises. vii. Products and Completed Operations in an amount not less than $1,000,000, Combined Single Limit per Occurrence. 15.8 Aircraft Repair and Maintenance Requirements. Lessee or service provider shall obtain at their expense, and continuously maintain in effect at all times during the term of this Agreement, insurance for Aircraft Repair and Maintenance Services to include broad form contractual liability and the following coverage: a) Aircraft Repair and Maintenance Services i. General Liability to include bodily injury, personal injury and property damage for all premises, unlicensed vehicles, and contractual liability in an amount not less than $5,000,000, Combined Single Limit Per Occurrence, or equivalent. ii. Vehicular Liability to include bodily injury and property damage for all licensed vehicles owned, non-owned, or hired in an amount not less than $1,000,000, Combined Single Limit per Occurrence. iii. Hangar Keeper’s Liability to include property damage for all non-owned aircraft under the care, custody or control of the operator in an amount not less than $1,000,000 Each Aircraft and $1,000,000 Each Occurrence. iv. Aircraft and Passenger Liability to include bodily injury, property damage, and passenger injury, with a minimum of $1,000,000 per passenger, for all 24 owned or operated aircraft. v. Workers’ Compensation as required by the State of Florida. vi. Fire and Extended Coverage to be maintained in an amount not less than the full replacement value (FRV) of airport facilities on leasehold premises. vii. Products and Completed Operations in an amount not less than $1,000,000, Combined Single Limit per Occurrence. 15.9 Aircraft Taxi Operations Insurance Requirements. Lessee or service provider shall obtain at their expense, and continuously maintain in effect at all times during the term of this Agreement, insurance for Aircraft Taxi Operations to include broad form contractual liability and the following coverage: a) Aircraft Taxi i. General Liability to include bodily injury, personal injury and property damage for all premises, unlicensed vehicles, and contractual liability in an amount not less than $5,000,000, Combined Single Limit Per Occurrence, or equivalent. ii. Vehicular Liability to include bodily injury and property damage for all licensed vehicles owned, non-owned, or hired in an amount not less than $1,000,000, Combined Single Limit per Occurrence. iii. Aircraft and Passenger Liability to include bodily injury, property damage, and passenger injury, with a minimum of $1,000,000 per passenger, for all owned or operated aircraft. iv. Workers’ Compensation as required by the State of Florida. v. Fire and Extended Coverage to be maintained in an amount not less than the full replacement value (FRV) of airport facilities on leasehold premises. NOTE: SEPARATE INSURANCE POLICIES ARE NOT REQUIRED AS LONG AS THE INSURANCE REQUIREMENTS SET FORTH IN THIS AGREEMENT ARE MET. 15.10 Other Insurance Provisions a) Policies are to contain, or be endorsed to contain, the following provisions: i. General Liability and Automobile Liability Coverage: Lessor, its officials, employees and volunteers are to be covered as insured in respect to liability arising out of activities performed by, or on behalf of, Lessee or service provider; products and completed operations of Lessee or service provider and for any property damage loss; Premises owned, leased or used by Lessee or service provider; or automobiles owned, leased, hired or borrowed by Lessee or service provider. The coverage shall contain no special limitations on the scope of protection afforded to Lessor, its officials, employees or volunteers. ii. Lessee or service provider’s insurance coverage shall be primary as respect to Lessor, its officials, employees and volunteers. Any insurance or self-insurance maintained by Lessor, its officials, 25 employees or volunteers shall be excess of Lessee’s or service provider’s insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Lessor, its officials, employees or volunteers. iv. Coverage shall state that Lessee’s or service provider’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. Workers' Compensation and Employers' Liability Coverage: Lessee or service provider shall agree to waive all rights of subrogation against Lessor, its officials, employees and volunteers for losses arising from work performed by Lessee or service provider for Lessor. b) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require Lessee or service provider to provide proof of ability to pay losses and related investigations, claims administration, and defense expenses within the retention. c) Subcontractors of Subleases. Lessee or service provider shall include all subcontractors/subleases as insured under its policies or shall verify and furnish separate certificates and endorsements for each subcontractor/sublessee. All coverage for subcontractors/sublessees shall be subject to all of the requirements stated herein. 15.11 All Coverage. a) Each insurance policy required by this Article shall be endorsed to state that coverage shall not be suspended, voided, nonrenewed, canceled, materially changed, reduced in coverage or in limits except after thirty (30) days prior written notice via certified mail, return receipt requested, has been given to Lessor. b) If Lessee or service provider is underwritten on a “claims-made” basis, the retroactive date shall be prior to or coincide with the date of this Agreement and the certificate of insurance shall state that coverage is “claims-made” and also the Retroactive Date. Lessee or service provider shall maintain coverage for the duration of this Agreement and for the two (2) years following the completion of this Agreement. It is further agreed that the contractor shall provide Lessor a sixty (60) day notice of aggregate erosion, in advance of the Retroactive Date, cancellation and/or renewal. It is also agreed that either Lessee/service provider or Lessor may invoke the tail option on behalf of the other party and the Extended Reporting Period (ERP) premium shall be paid by Lessee. 15.12 Verification of Coverage. Lessee will provide the City with a certificate or certificates of insurance showing the existence of coverage. In addition, Lessee will provide to the City, if requested in writing, certified copies of all policies of insurance. Lessee will maintain the required coverage with a current certificate or certificates of insurance throughout the term of this Agreement with the City. New certificates and new certified copies of policies shall be provided 26 to the City whenever the policy is renewed, revised, or obtained from other insurers. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attention: Risk Management Department P.O. Box 4748 Clearwater, FL 33758-4748 15.13 Airpark Tenant and Other Leases and Agreements. Lessee shall require all Airpark Tenants and other tenants to provide annual certificates of insurance to Lessee as a requirement of any lease or other agreement for use of any part of the Premises. 15.14 Loss Control/Safety. Precaution shall be exercised at all times by Lessee for the protection of all persons, including employees, and property. Lessee shall be expected to comply with all applicable laws, regulations, or ordinances related to safety and health, and shall make special efforts where appropriate to detect hazardous conditions, and shall take prompt action where loss control/safety measures should reasonably be expected. Article 16 Disclaimer of Warranties 16.1 The Parties agrees that no representations or warranties shall be binding upon the Parties unless expressed in writing herein or in a duly executed amendment to this Agreement. It is understood and agreed that: a) Lessor does not warrant, and hereby disclaims any and all liability and responsibility for or on account of the condition of, the Premises, or the Airpark or any portions thereof, or for or on account of anything affecting such conditions. b) Lessor makes no warranties and has no obligations or liability for or with respect to the removal of sand, water or debris from the Premises of any part thereof. c) Lessor makes no warranties and shall have no obligations or liability with respect to noise, noise pollution, air quality, or air pollution. Article 17 Inspections, Repairs, and Maintenance 17.1 Lessee’s Duties. Lessee hereby agrees that: a) Lessee shall keep and maintain the Premises in a neat, clean and respectable condition by prompt removal of all trash, litter, debris and junk, and shall keep said Premises cleared of all objectionable matter. 27 b) Lessee shall complete daily inspections of the Airpark and shall provide a weekly report to the City Manager or designated representative detailing said inspections. The daily inspections shall include assessing the Airpark’s paved areas, lighting and landing systems, fuel tanks and dispensing systems, and other on-ground systems, and report any issues to the City Manager or designated representative. Lessee shall ensure that runways and taxiways are inspected and kept free of debris and unsafe conditions. c) Lessee shall maintain the Premises and Structures in a good state of repair at all times and shall be responsible for minor maintenance and repairs to said areas including all interior maintenance. Minor maintenance and repairs is defined as any activity necessary to continue the daily operation of the Airpark such as normal cleaning and sanitizing, trash removal, minor repairs of light and electrical fixtures, painting, air conditioning, plumbing fixtures, replacement of broken or defective parts, interior and exterior building washing, and general building cleanliness. d) Lessee shall maintain all grass and landscape vegetation on the Premises including mowing of the grass. Lessee shall be provided a City-owned tractor for this purpose and will be responsible for any maintenance or repair costs associated with this equipment. If Lessee fails to maintain the Airpark as per Lessor’s specifications, Lessor at its option may hire a contractor to maintain the grass and vegetation moving forward and bill Lessee as provided below. In the event Lessee shall fail to keep and maintain the Premises as herein required, as determined in the sole discretion of Lessor, then Lessor, after notice to Lessee of the default and providing thirty (30) days to comply, shall have the power and express authority to cause or require the labor and materials to be expended that are reasonably necessary to accomplish the required work, and Lessee expressly agrees that the reasonable cost of any such labor and materials shall become due thirty (30) days from the date on which any such maintenance work is completed and notice of the amount due is given to Lessee. Lessee's contact with Lessor in connection with the Premises herein leased shall be with Lessor’s staff member designated by the City Manager, subject to the terms and provisions of this Agreement, which may not be waived, modified, or amended except in writing executed by Lessor. 17.2 Lessor’s Duties. Lessor hereby agrees that: a) Lessor shall turnover the Airpark to Lessee in a condition acceptable to Lessee (evidenced by Lessee signing this Agreement) and Lessor shall remain responsible for major repair or replacement of structures and other utilities. For purposes of this Agreement, "major repair or replacement” shall mean those repairs or replacements necessary to correct a catastrophic failure or to prevent a catastrophic failure from occurring. b) Lessor shall be responsible for repair and maintenance of City-owned equipment and vehicles including automotives, trailers, except for fuel pumping equipment, the City-supplied tractor, and lawn mowing equipment. If any of Lessor’s maintenance or repair obligations are necessitated solely by the acts of Lessee or its employees, agents, contractors, or sub-contractors, Lessee shall reimburse Lessor 28 for the reasonable cost thereof, to be paid within thirty (30) days after notice of such cost is given to Lessee as herein provided. 17.3 Partial Damage. If all or a portion of the Airpark is partially damaged by fire, explosion, flooding inundation, floods, the elements, public enemy, acts of terrorism, acts of God, or other casualty, but not rendered unusable, the same will be repaired with due diligence by Lessor at its own cost and expense, subject to the limitations as hereinafter provided. Rental Payments shall be reduced in proportion to lost revenues until the Premises is fully restored to its condition prior to the date on which the damage occurred. If said damage is caused by the grossly negligent acts or omissions of Lessee, its agents, officers, or employees, Lessee shall be responsible for reimbursing Lessor for the cost and expense, in excess of Lessor’s insurance coverage, incurred in making such repairs. 17.4 Extensive Damage. If the damages as described above in “Partial Damage” are so extensive as to render the Airpark or a portion thereof unusable, but are capable of being repaired within a reasonable time not to exceed three hundred and sixty-five (365) days, the same shall be repaired with due diligence by Lessor at its own cost and expense and the Rental Payments, fees, and charges payable hereunder shall abate from the time of such damage until such time as the Airpark is fully restored to its condition prior to the date on which the damage occurred and is certified as again ready for use; provided, however, that if such damage is caused by the grossly negligent acts or omissions of Lessee, its agents, officers, or employees, Lessee shall be responsible for the cost and expenses, in excess of Lessor’s insurance coverage, incurred in making such repairs. 17.5 Complete Destruction. In the event all or a substantial portion of the Airpark is completely destroyed by fire, explosion, the elements, public enemy, acts of terrorism, acts of God, or other casualty, or are so damaged that they are uninhabitable and cannot be replaced except after more than three hundred and sixty-five (365) days, Lessor shall be under no obligation to repair, replace or reconstruct the Airpark, no payments will be required of either party until such time as the said Clearwater Airpark is fully restored. If within three hundred and sixty-five (365) days after the time of such damage or destruction the Airpark has not been repaired or reconstructed, Lessee may terminate this Agreement in its entirety as of the date of such damage or destruction. If Lessor decides not to fully restore the Premises and desires to declare the Premises ‘completely destroyed’ under this section 17.5, Lessor shall pay to Lessee all insurance proceeds received as a result of the damage to the Premises in proportion to Lessee’s investment in FDOT Projects. 17.6 Limits of Lessor’s Obligation Defined. In the application of the foregoing provisions, Lessor may, but shall not be obligated to, repair or reconstruct the Airpark. If Lessor chooses to do so, Lessor’s obligation shall also be limited to repair or reconstruction of the Airpark to the same extent and of equal quality as obtained by Lessee at the time of the event necessitating the repair. All redecoration and replacement of capital investment, including all Lessor assets shall be the cost and responsibility of Lessor. Lessee shall bear the cost of repair and replacement of any Lessee assets except to the extent that the damage or destruction is caused by Lessor’s negligence, action, or omission. 29 17.7 Force Majeure; National Emergency. See paragraph S.20 in the Terms and Conditions described in Exhibit “B” attached hereto. Article 18 Referendum Regarding the Landings 18.1 The Landings. Lessee does not intend to own or lease the real property located at 1875 Airport Drive, Clearwater, Florida 33765 and commonly known as “The Landings Golf Course” (the “Landings”). In the event the Landings shall ever be leased or owned by Lessee, the Landings shall not be held under this Agreement. Further, if Lessee becomes the lessee or owner of the Landings and desires to change the zoning or future land use of the property, a referendum vote shall be required by the City of Clearwater Charter in order to rezone or amend the future land use of the Landings. Article 19 Leasehold Improvements and Structural Work No improvements, additions, or changes shall be made to the Premises or Structures therein without the prior written consent of the City Manager or designated representative. If any alteration or modification takes place without Lessor’s written permission, then, upon written request by Lessor, Lessee agrees to return that part of the Premises modified, altered or affected without consent from Lessor to its original condition. If Lessee fails to return that part of the Premises or Structures therein which were modified or altered without written consent to its original condition within thirty (30) days from receipt or written request from Lessor, then Lessor shall be entitled to return that part of the Premises or Structure to its original condition and shall be entitled to recover the cost and expenses from Lessee. Emergency repairs may be made by Lessee for the safety of individuals and prevention of damage to real and personal property. It is further agreed that any improvements, additions, or changes shall be made by Lessee at its own expense and at the option of Lessor shall become the property of Lessor upon expiration, or prior termination of this Agreement or any extension or renewal thereof. Should Lessor elect not to exercise this option, Lessee agrees to remove such improvements, additions or changes at its own expense and deliver the Premises to Lessor in as good condition as it now exists. Article 20 Utilities Lessee agrees to pay the cost of all utilities for the Premises leased including but not limited to stormwater, gas, water, electricity, sanitary sewer, telephone, and solid waste disposal. In the event Lessee fails to pay any utility bills when due, Lessor may, at its option, pay the same and collect from Lessee the amounts so disbursed, plus interest at the maximum rate allowable by law until paid. Such an event is a material default under this Agreement. 30 Article 21 Assignment This Agreement, nor any part thereof or any interest therein, shall not be assigned, transferred or subleased by Lessee without the express written consent of Lessor which shall not be unreasonably withheld. Lessee’s failure to obtain Lessors written consent to any assignment, transfer or sublease shall render such agreement null and void. All principals of Lessee and their respective percentages of ownership shall be disclosed to Lessor in writing and it is expressly agreed that if Lessee is a corporation, any material change in ownership of corporate stock; or if a partnership, the addition to or withdrawal of any partner from the partnership firm; or the addition to or withdrawal of a principal Lessee in whatever capacity; by purchase or sale, or operation of law or in any other manner whatsoever, without the consent of Lessor shall be deemed an assignment. Notwithstanding any attempt by Lessee to assign, transfer or sublease this Agreement, or any part thereof or interest therein, Lessee shall remain obligated and liable to Lessor for the performance of all covenants, terms, and conditions, warranties and other provisions of this Agreement to the same extent that Lessee would have been obligated and liable if such assignment, delegation, or sublease had not been attempted, but such attempt shall be deemed an act of material default by Lessee. It is understood and agreed that Lessor may, at any time, with notice, assign or delegate any or all of its rights hereunder. Article 22 Representations and Warranties of Lessor and Lessee 22.1 Representations and Warranties of Lessor. Lessor represents and warrants to Lessee the following: a) All required approvals have been obtained or, if not, Lessor shall in good faith work together with Lessee in order to obtain any other required approval, and Lessor has full legal right, power and authority to enter into and perform its obligations hereunder; b) This Agreement has been duly executed and delivered by Lessor and constitutes a valid and binding obligation of Lessor, enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, or similar laws affecting creditors’ rights generally or by general equitable principles; c) The execution and delivery of this Agreement will not violate or cause a breach (with or without notice or the passage of time) under any agreement, law, ordinance, or other obligation to which Lessor is bound; d) There is no current, pending, or to Lessor’s knowledge after due inquiry, threatened, action or proceeding before any court or administrative agency to which it is a party, 31 questioning the validity of this Agreement, the relationship between Lessor and Lessee, or which appear likely to materially adversely affect Lessor’s performance of its obligations under this Agreement; e) Lessor is the owner of the Premises; f) Upon delivery to Lessee, the Airpark shall comply with all laws, ordinances, orders, rules, regulations and other governmental requirements relating to the use, occupancy, and condition of the Airpark for the purposes described herein, including, without limitation, the Americans with Disabilities Act and the certificate of occupancy; and g) All improvements in the Airpark will be constructed in a good and workmanlike manner and said improvements and all other Lessor assets are and will be in good working order and condition, free from defects in workmanship and materials, and fit for the purposes for which they are provided. 22.2 Representations and Warranties of Lessee. Lessee represents and warrants to Lessor the following: a) All required approvals have been obtained or, if not, Lessee shall in good faith work together with Lessor in order to obtain any other required approval, and Lessee has full legal right, power and authority to enter into and perform its obligations hereunder; b) This Agreement has been duly executed and delivered by Lessee and constitutes a valid and binding obligation by Lessee, enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization or similar laws affecting creditors’ rights generally or by general equitable principles; and c) There is no current, pending, or to Lessee’s knowledge after due inquiry, threatened, action or proceeding before any court or administrative agency to which it is a party, questioning the validity of this Agreement, the relationship between Lessor and Lessee, or which appear likely to materially adversely affect Lessee’s performance of its obligations under this Agreement. Article 23 Miscellaneous 23.1 Notice. Unless provided otherwise in this Agreement, all notices, requests, demands, claims, and other communications hereunder shall be in writing and delivered as provided herein. Notices and communications may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via reputable overnight courier; or (iv) sent via email or facsimile (with electronic confirmation and a hard copy provided via (i), (ii), or (iii) to follow). 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 32 deposited in the United States mail. If sent via overnight courier, receipt will be deemed effective two (2) calendar days after the sending thereof. If sent via facsimile or email, receipt will be deemed effective two (2) calendar days after the sending thereof or the effective receipt date established for the required hard copy, whichever occurs earlier. All notices to be given pursuant to this Agreement must be delivered to the Parties at their respective addresses provided below: If to Lessor: 600 Cleveland Street, STE 600 Clearwater, FL 33755 Attention: City Manager Phone: (727) 562-4040 Email: jon.jennings@myclearwater.com With copy to (which shall not constitute notice): 600 Cleveland Street, STE 600 Clearwater, FL 33755 Attention: City Attorney Phone: (727) 562-4010 Email: david.margolis@myclearwater.com If to Lessee to: FlyUSA PV, LLC 1000 N. Hercules Ave. Clearwater, FL 33765 Attn: Barry Shevlin & Mike Connor Email: barry@flyusa.com With copy to (which shall not constitute notice): Macfarlane Ferguson & McMullen, P.A. 625 Court Street Clearwater, Florida 33756 Phone: 727-444-1403 Attention: Brian J. Aungst, Jr. Esq. Email: bja@macfar.com 23.2 Order of Precedence. In the event of any conflict between this Agreement and any exhibits or other documents entered into in connection herewith, the provisions of this Agreement shall prevail. 23.3 Corporate Status. Lessee shall keep its corporate status active and current throughout the term of this Agreement. 23.4 Annual Report. Lessee shall furnish to Lessor each year no later than one (1) month after the anniversary of this Agreement an annual report. This report will be in a form satisfactory to the City Manager or designated representative and Lessor, may at option inspect Lessee’s financial and other records relating to the preparation of this report upon written notice. The annual report shall contain the following materials and information: 1. A complete financial statement (income and expense report) for Lessee prepared in accordance with generally accepted accounting principles and this Agreement. This statement shall be certified by Lessee’s Certified Public Accountant and shall indicate Lessee’s sources of income including the amount of gross sales at and/or from the Premises during the monthly periods reported by the statement in the amount of year-to-date gross sales for Lessee’s fiscal year; 33 2. Sources of all revenue from Lessee and any tenants; 3. A certification of Lessee’s current corporate status from the State of Florida; 4. A compilation of all insurance certificates required by this Agreement for Lessee and service providers as established under Article 15; and 5. A report detailing the effectiveness of Lessee’s efforts to reduce flight school activity during the term year. 23.5 Entire Agreement. This Agreement, the exhibits, and any documents executed in connection with this Agreement, constitute and express the entire agreement of the Parties hereto and no agreements, warranties, representations or covenants not herein expressed shall be binding upon the Parties. 23.6 Captions. Captions appearing before sections and articles in this Agreement have been inserted solely for the purposes of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the section or articles to which they pertain. 23.7 Good Faith. It is agreed that both Parties shall perform their respective duties under the terms of this Agreement in good faith. 23.8 Relationship of Lessor and Lessee. It is expressly understood that the relationship between Lessee and Lessor will be that of a landlord-tenant. Lessee and all persons employed by Lessee, either directly or indirectly, are Lessee’s employees, not Lessor’s employees. Accordingly, Lessee and Lessee’s employees are not entitled to any benefits provided to Lessor’s employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded Lessor employees. Lessee’s employees will not be regarded as Lessor’s employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any of Lessee employees or subcontractors assert a claim for wages or other employment benefits against Lessor, Lessee will defend, indemnify and hold harmless Lessor from all such claims. Nothing herein contained is intended or shall be construed in any way to create or establish the relationship of partners or a joint venture between Lessor and Lessee. 23.9 Invalid or Illegal Provision(s). If any one or more provisions of this Agreement are for any reason held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability will not affect any other provision of this Agreement, which will be construed as if it had not included the invalid, illegal or unenforceable provision. 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. 23.10 Amendment. No amendment to this Agreement shall be effective unless such is in writing and signed by each of the Parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by Lessor and Lessee. 34 IN WITNESS WHEREOF, this Agreement has been executed by the Parties and is effective as of the ___ day of ____________________ 2023. APPROVED BY CITY OF CLEARWATER THIS __ DAY OF ________________, 2023. Countersigned: ________________________________ Frank V. Hibbard, Mayor Approved as to form: _________________________________ David Margolis, City Attorney LESSOR: THE CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida __________________________________ Jon P. Jennings, City Manager Attest: __________________________________ Rosemarie Call, City Clerk LESSEE: FLYUSA PV, LLC, a Florida limited liability company By: _________________________________ Name: _______________________________ Title: ________________________________ STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ___ day of January 2023, by ________________ as _____________ of FlyUSA PV, LLC. ____________________________________ Notary Public Print Name: _________________________ My Commission Expires: ______________ 35 Exhibit “A” LEGAL DESCRIPTION OF PREMISES Please see attached. 36 Exhibit “B” Terms and Conditions S.1 SUBCONTRACTING. Lessee may subcontract work under this Agreement without the express written permission of Lessor, provided, however, that Lessee shall ensure that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Lessee and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.2 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.3 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.4 TIME OF THE ESSENCE. Time is of the essence to the performance of the Parties’ obligations under this Agreement. S.5 COMPLIANCE WITH APPLICABLE LAWS. a) General. Lessee must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business, unless Lessor’s involvement is required by law. Lessee 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. Lessee bears full responsibility for training, safety, and providing necessary equipment for all Lessee personnel to achieve throughout the term of the Agreement. Upon request, Lessee will demonstrate to Lessor's satisfaction any programs, procedures, and other activities used to ensure compliance. b) Drug-Free Workplace. Lessee is hereby advised that Lessor has adopted a policy establishing a drug-free workplace for itself and those doing business with Lessor to ensure the safety and health of all persons working on Lessor contracts and projects. Lessee will require a drug-free workplace for all Lessee personnel working under this Agreement. Specifically, all Lessee personnel who are working under this Agreement must be notified in writing by Lessee that they are prohibited from the manufacture, distribution, dispensation, or unlawful possession or use of a controlled substance in the workplace. Lessee agrees to ensure that Lessee personnel do not use or possess illegal drugs while in the course of performing their duties. c) Federal and State Immigration Laws. Lessee agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit Lessor and its agents to inspect applicable personnel 37 records to verify such compliance as permitted by law. Lessee will ensure and keep appropriate records to demonstrate that all Lessee personnel have a legal right to live and work in the United States. (i) As applicable to Lessee, under this provision, Lessee hereby warrants to Lessor that Lessee will comply with and ensure each of its subcontractors are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Lessee Immigration Warranty”). (ii) A breach of Lessee Immigration Warranty will constitute as a material breach of this Agreement and will subject Lessee to penalties up to and including termination of this Agreement at the sole discretion of Lessor. (iii) Lessor retains the legal right to inspect the papers of all Lessee personnel who provide services under this Agreement to ensure that Lessee or its subcontractors are complying with Lessee Immigration Warranty. Lessee agrees to assist Lessor in regard to any such inspections. (iv) Lessor may, at its sole discretion, conduct random verification of the employment records of Lessee and any subcontractor to ensure compliance with Lessee Immigration Warranty. Lessee agrees to assist Lessor in regard to any random verification performed. (v) Neither Lessee nor any subcontractor will be deemed to have materially breached Lessee Immigration Warranty if Lessee 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. Lessee 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. Lessee and Lessee’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.6 SALES/USE TAX, OTHER TAXES. Lessee is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Lessee’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 Lessee or any Lessee employees an employee of Lessor, or should anyone otherwise claim Lessor is 38 liable for the payment of taxes that are Lessee’s responsibility under this Agreement, Lessee will indemnify Lessor for any tax liability, interest, and penalties imposed upon Lessor. Both Lessor and Lessee are exempt from paying state and local sales/use taxes and certain federal taxes and will furnish an exemption certificate upon request. S.7 AMOUNTS DUE TO LESSOR. Lessee must be current and remain current in all obligations due to Lessor during the performance of services under the Agreement. Payments to Lessee may be offset by any delinquent amounts due Lessor or fees and charges owed to Lessor. S.8 PUBLIC RECORDS. In addition to all other contract requirements as provided by law, Lessee executing this Agreement agrees to comply with public records law. Lessee’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by Lessor (hereinafter “public agency”) to perform the service being provided by Lessee 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 Lessee does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of Lessee or keep and maintain public records required by the public agency to perform the service. If Lessee transfers all public records to the public agency upon completion of the contract, Lessee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Lessee keeps and maintains public records upon completion of the contract, Lessee 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 Lessee of the request and Lessee must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. 39 f) Lessee hereby acknowledges and agrees that if Lessee 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) If Lessee fails to provide the public records to the public agency within a reasonable time, it may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against Lessee to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against Lessee the reasonable costs of enforcement, including reasonable attorney fees, if: 1) The court determines that Lessee 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 Lessee has not complied with the request, to the public agency and to Lessee. i) A notice complies with subparagraph (h)(2). if it is sent to the public agency’s custodian of public records and to Lessee at Lessee’s address listed on its contract with the public agency or to Lessee’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. If Lessee complies with a public records request within eight (8) business days after the notice is sent, it is not liable for the reasonable costs of enforcement. S.9 BACKGROUND CHECK. Lessor may conduct criminal, driver history, and all other requested background checks of Lessee personnel who would perform services under the Agreement or who will have access to Lessor’s information, data, or facilities in accordance with Lessor’s 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.10 CONTINUATION DURING DISPUTES. The Parties agree that during any dispute between the Parties, each will continue to perform its obligations until the dispute is settled, performance is enjoined or prohibited by judicial action, or the Parties are otherwise required or obligated to cease performance by other provisions in this Agreement. S.11 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 40 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.12 WARRANTY. Each party warrants that the services and materials will conform to the requirements of the Agreement. Additionally, each party warrants that all services will be performed in a good, workman-like and professional manner. If any materials or services are of a substandard or unsatisfactory manner as determined by the other party, in good faith, the providing party, at no additional charge to the other, will provide materials or redo such services until in accordance with this Agreement and to the other party’s reasonable satisfaction. Unless otherwise agreed, Lessor and Lessee warrant that materials used 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.13 LESSOR’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Lessee will do nothing to prejudice Lessor’s right to recover against third parties for any loss, destruction, or damage to the Premises, and will at Lessor’s request and expense, furnish to Lessor reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of Lessor in obtaining recovery. S.14 USE OF NAME. Lessee will not use the name of Lessor in any advertising or publicity without obtaining the prior written consent of Lessor. S.15 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 Lessor 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.16 RISK OF LOSS. Except as otherwise provided in this Agreement, each party agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing any services, to the extent such party provides the services, and such loss, injury, or destruction will not release the party from any obligation hereunder. S.17 SAFEGUARDING LESSOR PROPERTY. Except as otherwise provided in this Agreement, Lessee will be responsible for any damage to Lessor real property or damage or loss of Lessor personal property when such property is the responsibility of or in the custody of Lessee or its employees to the extent that such damage is caused by gross negligence of Lessee or its employees. S.18 WARRANTY OF RIGHTS. Each party warrants it has title to, or the right to allow the other to use the materials and services being provided to the other and that the party 41 receiving materials or services may use same without suit, trouble or hindrance from providing party or third parties. S.19 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, each party (the “Indemnifying Party”) will without limitation, at its expense defend the other party (the “Indemnified Party”) against all claims asserted by any person that anything provided by Indemnifying Party 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 Indemnified Party in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the Indemnified Party’s use or operation of the items provided by Indemnifying Party hereunder or any part thereof by reason of any alleged infringement, Indemnifying Party will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the Indemnified Party 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 Indemnified Party 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 Indemnified Party may incur to acquire substitute supplies or services. S.20 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, hostilities (whether declared or not), invasion, riots, civil unrest, embargos or blockades, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, telecommunication breakdowns, power outages or shortages, inability or delay in obtaining supplies of adequate or suitable materials, fire, explosion, other catastrophe or disaster, including epidemics, 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 and twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.21 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.22 INTEGRATION CLAUSE. The Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and 42 constitutes the entire agreement between the parties with respect to the work to be performed. S.23 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.24 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. 43 Exhibit “C” Master Plan for Clearwater Airpark Please see attached. L8 N 00° 16' 59" E756.48'L7 L6L5 L4N 25° 13 ' 17" W1610.02 ' L9 L10S 25° 13' 17" E3715.92'L13 N 00° 16' 59" E1489.39'L12L11 L3 Point of Commencement - Center of Section 12, Township 29S, Range 15E Point of Beginning L1 L2 LINE # LINE TABLE L1 N 89° 19' 10" W BEARING DISTANCE 50.00' L2 34.91' L3 252.19' L4 173.37' L5 328.99' L6 300.00' L7 475.00' L8 401.74' L9 294.56' L10 633.55' L11 8.74' L12 160.49' L13 564.75' N 00° 16' 59" E N 89° 29' 00" W N 00° 40' 34" E N 89° 19' 26" W N 00° 16' 55" E N 89° 19' 26" W N 89° 19' 26" W S 65° 50' 39" W S 24° 09' 21" E N 89° 01' 19" W S 00° 16' 59" W S 89° 20' 18" E HERCULES AVENUEKEENE ROADAIRPORT DRIVE The Landings Golf Course City of Clearwater Public Works Complex City of Clearwater Fleet Maintenance DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OF -- CITY OF CLEARWATER DEPARTMENT OF PUBLIC WORKS - ENGINEERING Clearwater Airpark Lease Legal Description Lee Cheek Tom Mahony 11/8/2022 2022021 - Lease 1 2 12 29S 15E This is not a survey N.T.S. Lease of Clearwater Airpark described as follows: Commence at the center of Section 12, Township 29 South, Range 15 East: thence run N 89° 19' 10" W, along the East-West centerline of said Section 12, a distance of 50.00', to a point on the West right-of-way line of Hercules Avenue and the Point of Beginning; thence N 00° 16' 59" E, along said West right-of-way line of Hercules Avenue, a distance of 34.91'; thence N 89° 29' 00" W, a distance of 252.19'; thence N 00° 40' 34" E, a distance of 173.37'; thence N 89° 19' 26" W, a distance of 328.99'; thence N 00° 16' 55" E, a distance of 300.00' to a point on the South right-of-way of Grand Avenue; thence N 89° 19' 26" W, along said South right-of-way of Grand Avenue, a distance of 475.00'; thence N 00° 16' 59" E, a distance of 756.48'; thence N 89° 19' 26" W, a distance of 401.74'; thence N 25° 13' 17" W, a distance of 1610.02'; thence S 65° 50' 39" W, a distance of 294.56'; thence S 24° 09' 21" E, a distance of 633.55'; thence N 89° 01' 19" W, a distance of 8.74'; thence S 25° 13' 17" E, a distance of 3715.92'; thence S 00° 16' 59" W, a distance of 160.49'; thence S 89° 20' 18" E, a distance of 564.75' to a point on said West right-of-way line of Hercules Avenue; thence N 00° 16' 59" E, along said West right-of-way line of Hercules Avenue, a distance of 1489.39' to the Point of Beginning. Containing 60.21 Acres, more or less. DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OF -- CITY OF CLEARWATER DEPARTMENT OF PUBLIC WORKS - ENGINEERING Clearwater Airpark Lease Legal Description Lee Cheek Tom Mahony 11/7/2022 2022021 - Lease 2 2 12 29S 15E Final Airpark Layout Plan February 2020 Drawing Set and Narrative Report for the Clearwater Airpark Prepared for: City of Clearwater Marine and Aviation Department 25 Causeway Blvd. Clearwater, FL 33676 727.462.6954 Prepared by: AECOM  7650 W. Courtney Campbell Causeway  Tampa, FL 33607-1462 City of Clearwater ii Clearwater Airpark Layout Plan TABLE OF CONTENTS Section Page 1.0 AVIATION ACTIVITY FORECASTS .............................................................................1-1 1.1 Introduction .......................................................................................................1-1 1.2 Overview ...........................................................................................................1-1 1.3 Aircraft Operations Forecast .............................................................................1-1 1.3.1 Itinerant & Local Operations Forecast ...................................................1-3 1.3.1.1 Air Charter / Air Taxi Operations ..............................................1-4 1.3.1.2 General Aviation Operations ...................................................1-4 1.3.1.3 Military Operations ..................................................................1-4 1.3.1.4 Instrument Operations.............................................................1-4 1.4 Based Aircraft Forecast .....................................................................................1-5 1.4.1 Aircraft Fleet Mix ...................................................................................1-6 1.5 Critical Aircraft ...................................................................................................1-8 1.6 Operational Peaks ............................................................................................1-8 1.7 Forecast Comparison to FAA TAF .....................................................................1-9 2.0 AIRPARK DEMAND / CAPACITY ANALYSIS AND IDENTIFICATION OF FACILITY DEVELOPMENT NEEDS ............................................................................2-1 2.1 Introduction .......................................................................................................2-1 2.2 Critical Aircraft ...................................................................................................2-2 2.3 Airside Facilities ................................................................................................2-3 2.3.1 Runway System ....................................................................................2-3 2.3.2 Number of Runways ..............................................................................2-4 2.3.3 Runway Length Requirements ..............................................................2-4 2.3.4 Runway Geometry and Safety ...............................................................2-4 2.4 Taxiway System ................................................................................................2-6 2.4.1 Taxiway Design .....................................................................................2-7 2.4.2 Taxiway Configurations ..........................................................................2-9 2.4.3 Pavement Condition ..............................................................................2-9 2.4.4 Navigational Aids ................................................................................. 2-10 2.5 General Aviation Facilities ............................................................................... 2-11 2.5.1 Aircraft Parking & Storage ................................................................... 2-11 2.5.1.1 Aircraft Hangars .................................................................... 2-11 2.5.1.2 Aircraft Parking Apron ........................................................... 2-12 2.5.2 Terminal............................................................................................... 2-13 2.5.3 Vehicle Parking.................................................................................... 2-13 2.6 Support Facilities ............................................................................................ 2-14 2.6.1 Airport Maintenance ............................................................................ 2-14 2.6.2 Fuel Storage ........................................................................................ 2-14 2.7 Land Use ........................................................................................................ 2-15 2.8 Summary of Recommendations ...................................................................... 2-16 3.0 ALTERNATIVES ANALYSIS ........................................................................................3-1 3.1 Introduction .......................................................................................................3-1 3.2 Evaluation Criteria .............................................................................................3-2 3.3 Development Constraints ..................................................................................3-2 3.3.1 Infrastructure Constraints ......................................................................3-3 3.3.2 Environmental Constraints ....................................................................3-3 3.3.3 Operational Constraints .........................................................................3-3 City of Clearwater iii Clearwater Airpark Layout Plan 3.4 Development Alternatives .................................................................................3-4 3.4.1 T-Hangars .............................................................................................3-6 3.4.1.1 Alternative 1 ............................................................................3-6 3.4.1.2 Alternative 2 ............................................................................3-7 3.4.1.3 T-Hangar Alternatives Evaluation ............................................3-8 3.4.2 Conventional Hangars ...........................................................................3-9 3.4.2.1 Alternative 1 ............................................................................3-9 3.4.2.2 Alternative 2 ............................................................................3-9 3.4.2.3 Alternative 3 ............................................................................3-9 3.4.2.4 Conventional Hangar Alternatives Evaluation ........................ 3-10 3.4.3 Terminal............................................................................................... 3-11 3.4.3.1 Alternative 1 .......................................................................... 3-12 3.4.3.2 Alternative 2A ....................................................................... 3-13 3.4.3.3 Alternative 2B ....................................................................... 3-14 3.4.3.5 Terminal Alternatives Evaluation ........................................... 3-15 3.4.4 Navigational Aids ................................................................................. 3-15 3.4.5 Recommended Development Plan ...................................................... 3-17 3.4.6 Land Use ............................................................................................. 3-18 4.0 FACILITIES IMPLEMENTATION PLAN .......................................................................4-1 4.1 Introduction .......................................................................................................4-1 4.2 Project List and Descriptions .............................................................................4-1 4.2.1 Airfield Projects .....................................................................................4-1 4.2.1.1 Relocate Taxiway A6 ...............................................................4-1 4.2.1.2 Construct Blast Pads ..............................................................4-1 4.2.1.3 Property Acquisition at Runway 34 End ..................................4-1 4.2.1.4 Avigation Easement for Parcels within Runway 34 RPZs ........4-2 4.2.1.5 Avigation Easement for Parcels within Runway 16 RPZs ........4-2 4.2.2 Terminal Projects ...................................................................................4-2 4.2.2.1 Construct New Terminal ..........................................................4-2 4.2.2.2 Expand Vehicle Parking Lot ....................................................4-2 4.2.3 General Aviation Projects ......................................................................4-2 4.2.3.1 Replace Shade Hangars with T-Hangars ................................4-2 4.2.3.2 Expand Transient Aircraft Parking Area ...................................4-3 4.2.3.3 Reconstruct Transient Aircraft Parking Area ............................4-3 4.2.3.4 Construct New Conventional Hangar and Apron .....................4-3 4.2.3.5 Rehabilitate Existing Tampa Bay Aviation Hangar Apron .........4-3 4.2.3.6 Rehabilitate Existing Taxilanes (Row K and Transient access) 4-3 4.2.3.7 Construct New T-Hangar on Existing Row J Parking ...............4-3 4.2.3.8 Rehabilitate Row J and Row I Taxilanes ..................................4-3 4.2.3.9 Reconstruct Existing Bender Aviation Apron ...........................4-4 4.2.3.10 Rehabilitate Existing T-Hangar Taxilanes ................................4-4 4.2.3.11 Reconfigure Aircraft Parking Area ...........................................4-4 4.2.3.12 Construct New Conventional Hangar, Access Taxiway, and Apron ......................................................................................4-4 4.2.3.13 Construct New T-Hangar and Taxilanes ..................................4-4 4.2.4 Support Projects ....................................................................................4-4 4.2.4.1 Install Rotating Beacon ...........................................................4-4 4.2.4.2 Construct Maintenance Shed ..................................................4-4 4.2.4.3 Security Upgrades ..................................................................4-5 4.2.4.4 Airfield Lighting Update ...........................................................4-5 4.3 Project Cost Estimates ......................................................................................4-5 4.4 Project Phasing .................................................................................................4-6 City of Clearwater iv Clearwater Airpark Layout Plan 4.4.1 Short-Term Projects ...............................................................................4-8 4.4.2 Intermediate-Term Projects....................................................................4-9 4.4.3 Long-Term Projects ............................................................................. 4-10 5.0 CAPITAL IMPROVEMENT PHASING PLAN ...............................................................5-1 5.1 Introduction .......................................................................................................5-1 5.2 Airport Development Plan .................................................................................5-1 5.3 Funding Sources ...............................................................................................5-3 5.3.1 State Funding Program .........................................................................5-3 5.3.2 Local Funding ........................................................................................5-4 5.4 Pavement Maintenance Plan ............................................................................5-6 5.5 Financial Plan Recommendations .....................................................................5-6 5.5.1 Airport Revenue Opportunities ..............................................................5-6 5.6 Airport Development Recommendations ...........................................................5-7 5.7 Continuous Planning Process ...........................................................................5-7 5.8 Conclusion ........................................................................................................5-8 List of Figures Figure 1.1 Aircraft Operations Forecasts............................................................................1-3 Figure 1.2 Based Aircraft Forecasts ...................................................................................1-6 Figure 1.3 Based Aircraft Fleet Mix Forecast .....................................................................1-7 Figure 2.1 FAA Taxiway Design Groups .............................................................................2-3 Figure 2.2 Existing Aircraft Parking Areas ..........................................................................2-8 Figure 2.3 Non-Standard Taxiway Configurations ..............................................................2-9 Figure 2.4 FDOT 2015 Pavement Condition Report ...........................................................2-9 Figure 3.1 Development Constraints ..................................................................................3-3 Figure 3.2 Existing Hardstand Parking Areas .....................................................................3-4 Figure 3.3 Standard Recommended Improvements ...........................................................3-5 Figure 3.4 T-Hangars - Alternative 1 ..................................................................................3-6 Figure 3.5 T-Hangars - Alternative 2 ..................................................................................3-7 Figure 3.6 Conventional Hangar Alternative Locations .......................................................3-9 Figure 3.7 Terminal Area .................................................................................................. 3-11 Figure 3.8 Terminal Expansion - Alternative 1 .................................................................. 3-12 Figure 3.9 Terminal Expansion - Alternative 2A ................................................................ 3-13 Figure 3.10 Terminal Expansion - Alternative 2B ................................................................ 3-14 Figure 3.11 Typical Beacon Towers ................................................................................... 3-16 Figure 3.12 Recommended Development Plan .................................................................. 3-17 Figure 3.13 Existing On-Airport Land Uses ........................................................................ 3-18 Figure 3.14 Potential Future On-Airport Land Uses ........................................................... 3-19 Figure 4.1 Preliminary Phasing Schedule for CIP Projects .................................................4-7 Figure 4.2 Short-Term Project Locations ............................................................................4-8 Figure 4.3 Intermediate-Term Project Locations .................................................................4-9 Figure 4.4 Long-Term Project Locations .......................................................................... 4-10 List of Tables Table 1.1 Aircraft Operations Forecast for Clearwater Airpark ..........................................1-2 Table 1.2 FAA Terminal Area Forecast Aircraft Operations by Category and Type ............1-4 Table 1.3 Itinerant vs. Local Aircraft Operations ................................................................1-4 City of Clearwater v Clearwater Airpark Layout Plan Table 1.4 Based Aircraft Forecast .....................................................................................1-5 Table 1.5 Aircraft Fleet Mix Forecast ................................................................................1-7 Table 1.6 Operational Peaks ............................................................................................1-9 Table 1.7 Summary of Aviation Activity Forecasts ........................................................... 1-10 Table 1.8 Comparison of Derived and FAA TAF Forecast ............................................... 1-11 Table 2.1 Runway Design Code Classifications ................................................................2-2 Table 2.2 Wind Coverage .................................................................................................2-4 Table 2.3 Existing Runway Design ...................................................................................2-6 Table 2.4 FAA Taxiway Standards ....................................................................................2-7 Table 2.5 Aircraft Parking and Hangar Storage Requirements ........................................ 2-11 Table 2.6 GA Terminal Building Size Recommendation .................................................. 2-13 Table 2.7 GA Terminal Vehicle Parking Space Recommendations .................................. 2-13 Table 2.8 Fuel Storage Capacity Recommendations ...................................................... 2-15 Table 3.1 T-Hangar Alternatives Evaluation ......................................................................3-8 Table 3.2 Conventional Hangar Alternatives Evaluation .................................................. 3-10 Table 3.3 Terminal Alternatives Evaluation ..................................................................... 3-15 Table 4.1 Short-Term Projects and Estimated Costs .........................................................4-8 Table 4.2 Intermediate-Term Projects and Estimated Costs ..............................................4-9 Table 4.3 Long-Term Projects and Estimated Costs ....................................................... 4-10 Table 5.1 Financial Development Plan Over 20 Years ......................................................5-2 Table 5.2 Pavement Maintenance Schedule .....................................................................5-6 City of Clearwater 1-1 Clearwater Airpark Layout Plan Section 1.0 AVIATION ACTIVITY FORECASTS 1.1 Introduction The City of Clearwater (“City”) is updating the Airport Layout Plan (ALP) and Capital Improvement Program (CIP) for the Clearwater Airpark (CLW or Airpark) based on existing and anticipated demand. The Airpark has experienced increasing demand for use of their facilities over the past few years and has identified an immediate need for additional and/or improved facilities, including aircraft storage and terminal facilities. Accordingly, a new forecast of aviation activity levels was developed to serve as the basis for identifying the facilities required in the near-term (0-5 years), intermediate-term (6-10 years), and long-term (11-20 year) planning periods. 1.2 Overview Accurate historical data regarding the number of operations conducted at CLW is not available. However, CLW has determined that the forecasts developed by the Florida Department of Transportation (FDOT) provide a reasonable outlook of aviation activity at the Airpark. The existing FDOT forecasts were developed in 2015 for the planning period from 2016-2035 as part of the Continuing Florida Aviation System Planning Process (CFASPP). Since the 20-year forecast planning period for this ALP Update is 2018-2038, forecasts for the 3 years between 2036-2038 were projected based on the FDOT’s Average Annual Growth Rate (AAGR) of 1.00% for aircraft operations and 0.51% for based aircraft. The FDOT’s forecast provided the basis for additional aviation activity forecasts developed for CLW, including: • Itinerant versus local operations; • Instrument operations; • Fleet mix (aircraft type); and • Operational Peaks. All forecasts have a degree of error from the actual activity levels that occur after their publication. Therefore, the forecasts presented in this section should be reviewed with that fact in mind. 1.3 Aircraft Operations Forecast The FDOT forecast of aircraft operations, including projections for 2036-2038 developed for this ALP Update, are summarized in Table 1.1. The Federal Aviation Administration (FAA) January 2018 Terminal Area Forecast (TAF) for CLW is also provided for reference. However, the FAA TAF does not include any growth in aircraft operations and therefore, was not used for the purposes of these forecasts. City of Clearwater 1-2 Clearwater Airpark Layout Plan Table 1.1 Aircraft Operations Forecast for Clearwater Airpark Year Historical FAA TAF FDOT1 2014 50,590 50,590 2015 51,096 50,590 2016 51,607 50,590 2017 52,123 50,590 2018 50,590 52,644 2019 50,590 53,171 2020 50,590 53,702 2021 50,590 54,239 2022 50,590 54,782 2023 50,590 55,330 2024 50,590 55,883 2025 50,590 56,442 2026 50,590 57,006 2027 50,590 57,576 2028 50,590 58,152 2029 50,590 58,733 2030 50,590 59,321 2031 50,590 59,914 2032 50,590 60,513 2033 50,590 61,118 2034 50,590 61,729 2035 50,590 62,346 2036 50,590 62,970 2037 50,590 63,599 2038 50,590 64,235 Average Annual Growth Rate Short-term (2018-2023) 0.00% 1.20% Intermediate-term (2024-2028) 0.00% 1.00% Long-Term (2029-2038) 0.00% 1.00% Change (2018-2038) 0.00% 23.24% Source: FDOT (2015); FAA TAF (2018) 1 forecasts for years 2036-2038 projected based on FDOT 20-year AAGR for period 2016-2035 City of Clearwater 1-3 Clearwater Airpark Layout Plan Figure 1.1 Aircraft Operations Forecasts Source: FDOT (2015); FAA TAF (2018) 1.3.1 Itinerant & Local Operations Forecast Aircraft operations are defined as the number of arrivals and departures from the airport, including touch and go’s. These operations are categorized as either local or itinerant. • Local operations are those performed by aircraft that are based at the airport and that operate in the local traffic pattern or within sight of the airport • Itinerant operations are operations performed by an aircraft that lands at an airport, arriving from outside the airport area, or departs an airport and leaves the airport area or local airspace. Aircraft operations are also further classified by the type of user such as Air Carrier, Air Charter/Air Taxi, GA, and Military. The FDOT FASP provides an overall forecast of aircraft operations but does not separate the category of operations or the user. Therefore, for the purposes of this analysis, the percentages used in the FAA TAF and summarized in Table 1.2 were used. Table 1.3 summarizes the forecast of local and itinerant aircraft operations in 2018 and at the end of each planning period. 30,000 35,000 40,000 45,000 50,000 55,000 60,000 65,000 70,000 Aircraft OperationsHistorical FAA TAF FDOT City of Clearwater 1-4 Clearwater Airpark Layout Plan Table 1.2 FAA Terminal Area Forecast Aircraft Operations by Category and Type Itinerant Operations Local Operations Percentage of Total Air Carrier Air Taxi GA Military Total GA (Civil) Military Total 0.0% .06% 9.96% .05% 10.07% 89.93% 0.0% 89.93% Source: FAA TAF (2018) Table 1.3 Itinerant vs. Local Aircraft Operations Year Itinerant Operations Local Operations Total Air Carrier Air Taxi GA Military Total GA (Civil) Military Total 2018 0 31 5,245 25 5,301 47,343 0 47,343 52,644 2023 0 33 5,512 25 5,570 49,760 0 49,760 55,330 2028 0 34 5,794 25 5,853 52,299 0 52,299 58,152 2033 0 36 6,089 25 6,151 54,967 0 54,967 61,118 2038 0 38 6,400 25 6,463 57,772 0 57,772 64,235 Source: FDOT (2015); FAA TAF (2018) 1.3.1.1 Air Charter / Air Taxi Operations Air taxi activity includes operations regulated by the FAA under Federal Aviation Regulations (FAR) Part 135 such as on-demand passenger service (charter and fractional), small parcel transport (cargo), and air ambulance activity. Air taxi activity at CLW currently includes occasional charter and air ambulance flights. 1.3.1.2 General Aviation Operations General Aviation (GA) is the term used to describe a diverse range of aviation activities including all segments of the aviation industry, except for commercial air carriers and military. GA includes common activities such as pilot training, recreational flying, agricultural applications, medical support, and other business and corporate uses. General aviation aircraft can range from small glider and single engine aircraft to large turboprop and jet powered aircraft. In fact, some larger commercial airline aircraft models such as the Boeing 737, known as the Boeing Business Jet (BBJ), have been converted for general aviation uses. GA is the primary type of activity at CLW, accounting for approximately 99 percent of all activity, including flight training activities offered by Tampa Bay Aviation. 1.3.1.3 Military Operations Military operations at CLW are relatively limited, consisting primarily of Florida National Guard helicopters and smaller fixed wing aircraft. This activity is typically in support of emergency response operations. 1.3.1.4 Instrument Operations Instrument operations to and from CLW are handled through FAA approach/departure control facilities at Tampa International Airport, which controls the overlying Class B airspace. There are currently no published instrument approach or departure procedures for CLW. Therefore, at this time, there is not enough data available to make an inference about the level of instrument activity at CLW. City of Clearwater 1-5 Clearwater Airpark Layout Plan 1.4 Based Aircraft Forecast The FDOT forecast of based aircraft, including projections for 2036-2038 developed for this ALP Update, are summarized in Table 1.4 and illustrated in Figure 1.2. The FAA January 2018 TAF for CLW is also provided for reference. Unlike the FAA TAF for aircraft operations, the FAA based aircraft forecast includes future growth at higher AAGRs than the FDOT forecasts. However, the number of based aircraft indicated for 2017 is nearly half the amount of existing based aircraft confirmed by the City. Table 1.4 Based Aircraft Forecast Year Historical FAA TAF FDOT1 2017 139 2018 79 143 2019 80 144 2020 81 144 2021 81 145 2022 82 146 2023 82 146 2024 83 147 2025 84 148 2026 85 149 2027 86 149 2028 87 150 2029 88 151 2030 89 152 2031 90 152 2032 91 153 2033 92 154 2034 93 155 2035 94 155 2036 95 156 2037 96 157 2038 97 157 Average Annual Growth Rate Short-term (2018-2023) 0.76% 0.99% Intermediate-term (2024-2028) 1.21% 0.54% Long-Term (2029-2038) 1.11% 0.48% Change (2018-2038) 23.08% 13.23% Source: FDOT (2015); FAA TAF (2018) 1 forecasts for years 2036-2038 projected based on FDOT 20-year AAGR for period 2016-2035 City of Clearwater 1-6 Clearwater Airpark Layout Plan Figure 1.2 Based Aircraft Forecasts Sources: FDOT (2015); FAA TAF (2018) 1.4.1 Aircraft Fleet Mix A key part of the forecasting effort is to identify how the current mix of aircraft types and missions will evolve over the 20-year planning period. This information will be used to identify recommended modifications to the airfield and airport facilities. Aircraft are typically grouped into one of several classifications including single-engine, multi-engine, and rotary (helicopter). Other aircraft types such as jets, sport, experimental, ultra-light, etc. are not based at CLW and are not expected to in the future. The number of based aircraft in each of these classifications impacts the number and size of the recommended aircraft storage facilities and associated modifications to access taxiways/taxilanes. The forecast fleet mix presented in Table 1.5 and Figure 1.3 are reflective of the FDOT based aircraft forecasts as the actual number of based aircraft at CLW in the beginning of 2018 closely matches the FDOT forecasts for that year. Percentages of each aircraft type are based on the data obtained from the City of Clearwater for existing (2017) based aircraft at CLW. 40 60 80 100 120 140 160 180 Based AircraftFAA TAF FDOT City of Clearwater 1-7 Clearwater Airpark Layout Plan Table 1.5 Aircraft Fleet Mix Forecast Year Single-Engine Multi-Engine Turboprop Jet Helicopter Total Aircraft % Aircraft % Aircraft % Aircraft % Aircraft % 2017 119 85.6% 14 10.1% 0 0.0% 0 0% 6 4.3% 139 2018 123 86.1% 14 9.4% 0 0.0% 0 0% 6 4.4% 143 2023 125 85.5% 14 9.6% 0 0.0% 0 0% 7 5.0% 146 2028 127 84.7% 15 9.7% 0 0.0% 0 0% 8 5.6% 150 2033 129 84.0% 15 9.8% 0 0.0% 0 0% 10 6.2% 154 2038 131 83.1% 16 9.9% 0 0.0% 0 0% 11 7.0% 157 Source: AECOM Analysis, 2018 Figure 1.3 Based Aircraft Fleet Mix Forecast Source: FDOT (2015); AECOM Analysis (2018) 0 20 40 60 80 100 120 140 160 180 Base Aircraft ForecastSingle-Engine Piston Multi-engine Piston Turboprop Jet Helicopter City of Clearwater 1-8 Clearwater Airpark Layout Plan 1.5 Critical Aircraft Evaluating existing airfield facilities and planning for improvements requires the identification of a Critical Aircraft. The Critical Aircraft relates airport design to the operational and physical characteristics of the most demanding aircraft that utilize the airfield on a regular basis. It sets dimensional requirements or key elements of an airport, such as the separation distance between runways, taxiways, and aircraft parking areas as well as other safety related features. According to FAA Advisory Circular (AC) 150/5000-17, Critical Aircraft and Regular Use Determination, an aircraft or grouping of aircraft with similar characteristics must conduct a minimum of 500 annual operations (local and itinerant) per year to be considered the Critical Aircraft. As previously noted, historical operational data at CLW, including specific aircraft models, is significantly limited. The 2000 CLW Master Plan cited the Piper Cheyenne as the Critical Aircraft. Based on information provided by the City, it is recommended the Piper Cheyenne is maintained as the Critical Aircraft. The Piper Cheyenne represents a grouping of aircraft with similar characteristics operating at the Airport and most of the existing airfield facilities satisfy the standards associated with this group of aircraft. 1.6 Operational Peaks Activity at an airport is inconsistent on a monthly, daily, and hourly basis. Facility requirements are often identified based on accommodating peak hour operations on the Average Day of the Peak Month (ADPM). Peak hour operations are used to identify requirements for aircraft parking positions for non-based aircraft, terminal/administration buildings, vehicular parking, and fuel storage. The number of peak hour operations in each forecast year was determined based on the following: • Peak Month Operations –Standard forecasting practices often assume a 10% increase over the average monthly operations throughout the course of a year. However, due to seasonal weather variations, tourism, and the high percentage of recreational activity there are larger differences between summer activity levels at CLW. As such, the peak month was calculated at 25% above the monthly average. • Average Day Peak Month Operations – Determined by the average number of daily operations during the peak month (30 days). • Peak Hour Operations –Peak hour operations generally equate to between 12% and 20% of the ADPM operations. For the purpose of these forecasts, a peak hour of 15% of ADPM was used. Peak activity projections are summarized in Table 1.6. City of Clearwater 1-9 Clearwater Airpark Layout Plan Table 1.6 Operational Peaks Year Annual Operations Average Month Operations Average Day Peak Month Operations Peak Hour Operations 2017 52,123 5,429 181 27 2018 52,644 5,484 183 27 2023 55,330 5,764 192 29 2028 58,152 6,058 202 30 2033 61,118 6,366 212 32 2038 64,235 6,691 223 33 Source: AECOM (2018) 1.7 Forecast Comparison to FAA TAF A comparison of the proposed forecasts to the FAA TAF is required by the FAA, particularly if FAA funding will be requested for any capital improvement project. The FAA TAF helps determine whether an airport satisfies funding eligibility requirements and to determine the relative priority of public funding available for capital improvements. Per FAA guidance, local forecasts that exceed 100,000 annual operations and/or 100 based aircraft are considered consistent with the TAF if they differ by less than 10% in the 5-year forecast period and 15% in the 10-year forecast period. According to FAA policy, differences must be resolved if the forecast is to be used in FAA decision-making and may involve revisions to the CLW submitted forecasts, adjustments to the TAF, or both. A summary of the CLW forecasts presented in this report and a comparison to the 2018 FAA TAF are summarized in Table 1.6 and Table 1.7 respectively. Forecast annual operations do not exceed 100,000 operations and do not require any further FAA review. The adopted FDOT forecasts of based aircraft for CLW significantly differ from the FAA’s based aircraft forecast, predominantly the result of the FAA forecast starting at nearly half the amount of based aircraft reported by the City in 2017. However, the FAA TAF is based on a 20-year AAGR that is nearly twice the FDOT forecasts (approximately 1.0% to 0.50% respectively). City of Clearwater 1-10 Clearwater Airpark Layout Plan Table 1.7 Summary of Aviation Activity Forecasts Base Yr. Forecast Level of Aviation Activity Average Annual Compound Growth 2017 2018 2023 2028 2033 2038 2018 2023 2028 2033 2038 A. FORECAST LEVELS AND GROWTH RATES Air Carrier 0 0 0 0 0 0 0.00% 0.00% 0.00% 0.00% 0.00% Commuter 0 0 0 0 0 0 0.00% 0.00% 0.00% 0.00% 0.00% Total 0 0 0 0 0 0 0.00% 0.00% 0.00% 0.00% 0.00% OPERATION Itinerant Air 0 0 0 0 0 0 0.00% 0.00% 0.00% 0.00% 0.00% Air Taxi 31 31 33 34 36 38 1.00% 1.00% 1.00% 1.00% 1.00% Total 31 31 33 34 36 38 1.00% 1.00% 1.00% 1.00% 1.00% General 5,193 5,245 5,512 5,794 6,089 6,400 1.00% 1.00% 1.00% 1.00% 1.00% Military 25 25 25 25 25 25 0.00% 0.00% 0.00% 0.00% 0.00% Local General 46,874 47,34 49,76 52,29 54,96 57,77 1.00% 1.00% 1.00% 1.00% 1.00% Military 0 0 0 0 0 0 0.00% 0.00% 0.00% 0.00% 0.00% Total 52,123 52,64 55,33 58,15 61,11 64,23 1.00% 1.00% 1.00% 1.00% 1.00% Instrument 0 0 0 0 0 0 0.00% 0.00% 0.00% 0.00% 0.00% Peak Hour 27 27 29 30 32 33 1.00% 1.00% 1.00% 1.00% 1.00% Cargo/Mail 0 0 0 0 0 0 0.00% 0.00% 0.00% 0.00% 0.00% BASED AIRCRAFT Single-119 121 124 125 128 130 2.01% 0.40% 0.24% 0.35% 0.36% Multi-14 14 15 15 16 17 2.43% 0.81% 0.65% 0.76% 0.78% Turboprop 0 0 0 0 0 0 -- -- -- -- -- Rotorcraft 6 6 7 8 9 11 4.50% 2.85% 2.69% 2.80% 2.82% Jets 0 0 0 0 0 0 -- -- -- -- -- Others 0 0 0 0 0 0 -- -- -- -- -- Total Based 139 142 146 149 153 157 2.16% 0.56% 0.41% 0.53% 0.57% B. OPERATIONAL FACTORS AVERAGE AIRCRAFT SIZE (SEATS) Air Carrier -- -- -- -- -- -- -- -- -- -- -- Commuter -- -- -- -- -- -- -- -- -- -- -- AVERAGE ENPLANING LOAD FACTOR Air Carrier -- -- -- -- -- -- -- -- -- -- -- Commuter -- -- -- -- -- -- -- -- -- -- -- GA 375 371 379 390 399 408 -1.13% 0.44% 0.59% 0.47% 0.43% Source: AECOM (2018) City of Clearwater 1-11 Clearwater Airpark Layout Plan Table 1.8 Comparison of Derived and FAA TAF Forecast Year CLW Forecast FAA TAF Difference (%) TOTAL OPERATIONS 2018 52,644 50,590 4.1% 2023 55,330 50,590 9.4% 2028 58,152 50,590 14.9% 2033 61,118 50,590 20.8% 2038 64,235 50,590 27.0% BASED AIRCRAFT 2018 142 79 81.0% 2023 146 82 78.0% 2028 149 87 72.4% 2033 153 92 67.4% 2038 157 97 61.9% Source: AECOM (2018) Note: FAA TAF data is on a U.S. Government FY basis (October through September) City of Clearwater 2-1 Clearwater Airpark Layout Plan Section 2.0 AIRPARK DEMAND / CAPACITY ANALYSIS AND IDENTIFICATION OF FACILITY DEVELOPMENT NEEDS 2.1 Introduction The City of Clearwater (“City”) is updating the Airport Layout Plan (ALP) and Capital Improvement Program (CIP) for the Clearwater Airpark (CLW or Airpark) based on existing and anticipated demand. The Airpark has experienced increasing demand for use of their facilities over the past few years and has identified an immediate need for additional and/or improved facilities, including aircraft storage and terminal facilities. The purpose of this report is to identify the facilities recommended to accommodate the anticipated demand in the near-term (0-5 years), intermediate-term (6-10 years), and long-term (11-20 year) planning periods. Facility requirements are calculated based on the aviation activity forecasts previously submitted and visual observations, as well as consultation with Airport staff. The capacities of specific airport facilities, such as the airfield, terminal facilities, aircraft parking areas, support facilities, and automobile parking are evaluated to determine if they are capable of accommodating forecast levels of demand without incurring unacceptable decreases in service levels. Wherever deficiencies are identified, the number and size of facilities needed to address capacity shortfalls are determined. Based on the analyses summarized in subsequent sections, the following facility improvements are recommended: • Obtain control of unowned parcels with the Approach Runway Protection Zone (APRZ) and Departure Runway Protection Zone (DPRZ) to the extent practical • Mitigate non-standard taxiway geometries • Rehabilitate pavement per the Florida Department of Transportation (FDOT) pavement management report • Maximize operational safety of aircraft parking areas through aircraft wingspan restrictions on taxilanes or relocation/reconfiguration of parking positions • 5 additional transient parking positions immediately and another 3 by the end of the planning horizon for a total of 15 in 2038 • 15 additional T-Hangar units • 2 additional conventional hangars • Expand the terminal building to roughly 12,500 Square Feet (SF) • Increase the number of vehicle parking spaces from 25 to 104 • Provide a new secured maintenance shed for storage of the recently purchased tractor • Reserve the 75-acre site currently occupied by The Landings Golf Club for aeronautical / non- aeronautical purposes City of Clearwater 2-2 Clearwater Airpark Layout Plan 2.2 Critical Aircraft Evaluating existing airfield facilities and planning for improvements requires the identification of a Critical Aircraft. The Critical Aircraft relates airport design to the operational and physical characteristics of the most demanding aircraft that utilize the airfield on a regular basis. It sets dimensional requirements or key elements of an airport, such as the separation distance between runways, taxiways, and aircraft parking areas as well as other safety related features. According to FAA Advisory Circular (AC) 150/5000-17, Critical Aircraft and Regular Use Determination, an aircraft or grouping of aircraft with similar characteristics must conduct a minimum of 500 annual operations (local and itinerant) per year to be considered the Critical Aircraft. The determination of a future Critical Aircraft is based on an FAA approval of the forecasts. The forecast, as submitted to the FAA, must include a projection of the number of annual operations by the future Critical Aircraft for the planning horizon. The FAA defines two primary parameters for planning airfield facilities: Runway Design Code (RDC) and Taxiway Design Group (TDG). The RDC identifies standards for the design of runway pavement and safety areas while the TDG defines specifications for design of taxiway pavement. The RDC is composed of the Aircraft Approach Category (AAC), Aircraft Design Group (ADG), and runway visibility minimums (defined by runway visual range values). The AAC (defined by a letter) relates to aircraft approach speed while ADG (defined by a numeral) relates to aircraft wingspan and tail height. Table 2.1 depicts the criteria used to determine the RDC. Table 2.1 Runway Design Code Classifications Aircraft Approach Category (AAC) Category Approach Speed (knots) Typical Aircraft Size Example Aircraft A* < 91 Small single-engine Pilatus PC-12 B* 91-120 Small multi-engine Beech 200 Super King Air C 121-140 Short medium-range A318 D 141-165 Long Range B737-800; B747-8 E ≥ 166 Military Military Aircraft Design Group (ADG) Group Wingspan (feet) Tail Height (feet) Typical Aircraft Size Example Aircraft I < 49 < 20 Single & multi-engine King Air 100 II 49 < 79 20 < 30 Commuter Aircraft Beech 200 Super King Air; Pilatus PC-12 III 79 < 118 30 < 45 Narrowbody B737 IV 118 < 171 45 < 60 Widebody B757 / B767 V 171 < 214 60 < 66 Widebody B777 VI 214 < 262 66 < 80 Jumbo Commercial A380 Runway Visibility Minimums Runway Visual Rage (feet) Flight Visibility Category (Statute Mile) VIS Visual Only 5000 Not lower than 1 mile 4000 Lower than 1 mile but not lower than ¾ mile 2400 Lower than ¾ mile but not lower than ½ mile 1600 Lower than ½ mile but not lower than ¼ mile 1200 Lower than ¼ mile Source: FAA AC 150/5300-13A (Change 1), Airport Design * Aircraft with a maximum certificated takeoff weight of 12,500 pounds or less are classified as “small” aircraft City of Clearwater 2-3 Clearwater Airpark Layout Plan Conversely, the TDG is a function of an aircraft’s main landing gear width and as well as its location relative to the cockpit. Figure 2.1 depicts the various TDGs per FAA guidelines. Figure 2.1 FAA Taxiway Design Groups Source: FAA Advisory Circular 150/5300-13A, Airport Design (Change 1) On occasion, the Critical Aircraft for runways and safety areas may be different than the Critical Aircraft for taxiways due to differences in aircraft wingspans, tail heights, and location of the main-gear. For example, the Cessna Citation Mustang jet is an ADG I and TDG 2 aircraft while the Cessna Citation X is an ADG II and TDG 1B aircraft. In this instance, the Citation X would be the Critical Aircraft for runways and safety areas (including taxiways) but the Citation Mustang would be the Critical Aircraft for taxiway design (taxiway width, shoulder width, and fillet design). As previously noted, historical operational data at CLW, including specific aircraft models, is significantly limited. The 2000 CLW MPU cited the Piper Cheyenne (B-I-2) as the existing Critical Aircraft and the Cessna Citation Jet CJ2 (B-II-2) as the future Critical Aircraft. For the purposes of this ALP Update, it is recommended the Piper Cheyenne be utilized as the Critical Aircraft. 2.3 Airside Facilities The primary airside facilities (runways, taxiways, and navigational aids) each have a crucial role in the operational capacity, safety, and efficiency of the Airport. 2.3.1 Runway System The runways are the fundamental component supporting air transportation at any airport. The runway system is a combination of the structural pavement used for takeoffs and landings, shoulders, blast pads, safety areas, protection zones, and obstruction identification surfaces. The following evaluates the existing runway system and future requirements for each component. City of Clearwater 2-4 Clearwater Airpark Layout Plan 2.3.2 Number of Runways The required number of runways at an airport is based on the annual and hourly demand of the airfield as well as the prevailing wind conditions. The 2000 Master Plan calculated the annual capacity of the airfield, based on FAA guidance, at roughly 157,000 operations and the hourly capacity during visual meteorological conditions (VMC) at 71 operations. Therefore, the existing airfield provides sufficient capacity for the forecast number of operations. The FAA also recommends the orientation of runways provides at least 95% wind coverage for the aircraft forecast to use the Airport on a regular basis. Wind data was obtained from the National Centers for Environmental Information (NCEI) for the 10-year period 2008-2017 at station 722110 (Tampa International Airport). Wind data from stations closer to CLW was either unavailable or incomplete for use in this analysis. The percentage of wind coverage is based on the maximum allowable crosswind component for the aircraft that utilize the Airport on a regular basis. The maximum allowable crosswind component is 10.5 knots for A-I and B-I aircraft and 13 knots for A-II and B-II aircraft. Table 2.2 summarizes the wind coverage at CLW under all-weather conditions (119,749 observations), VMC (94,845 observations), and Instrument Meteorological Conditions (6,845 observations). Runway 16-34 provides at least 95% wind coverage in all conditions and crosswind components except in IMC and a 10.5 knot crosswind. Since IMC operations at CLW are minimal, a crosswind runway is not recommended at CLW to accommodate operations by A-I and B-I aircraft in these conditions. Table 2.2 Wind Coverage Weather Conditions 10.5 knots 13.0 knots All-Weather 95.90% 97.98% VMC 96.03% 98.10% IMC 92.91% 95.73% Source: NCEI; AECOM Analysis 2.3.3 Runway Length Requirements The operating length of a runway is its most important functional element. The length of the primary runway should support the most demanding aircraft operating at a takeoff weight required to reach its destination, otherwise known as the stage length. The required runway length is determined based on the guidelines provided in FAA AC 150/5325-4B, Runway Length Requirements for Airport Design. Since most, if not all, of the aircraft regularly operating at CLW have a MTOW less than 12,500 pounds, the runway length requirement for CLW is approximately 3,200 feet, per Paragraph 205 and Figure 2-1 in FAA AC 150/5325-4B, Runway Length Requirements for Airport Design. At a length of 4,108-feet, existing Runway 16-34 is sufficient to accommodate the aircraft operating at CLW. 2.3.4 Runway Geometry and Safety The geometry of an airfield is subject to the FAA airport design standards which provide for safe operations and consistency among the nation’s airports. Runway 16-34 only provides a visual City of Clearwater 2-5 Clearwater Airpark Layout Plan approach to each end. Accordingly, Table 2.3 compares the FAA standards for B-I runway with a visual approach (B-I-VIS) against existing conditions. Although the existing runway does not have paved shoulders or blast pads, they are not required. However, the FAA recommends turf, aggregate-turf, soil cement, lime or bituminous stabilized soil adjacent to paved surfaces accommodating ADG-I and II aircraft such as Runway 16-34. Runway end blast pads are also not required for jet blast erosion control but are recommended to be included on the ALP in the event the City selects to provide them. The Runway Protection Zone (RPZ) is a trapezoidal area at each runway end and/or threshold. The main purpose of the RPZ is to protect people and property on the ground. The FAA recommends airports gain control of the RPZs. While it is desirable to keep the entire RPZ clear of all above-ground objects, RPZs should be maintained clear of all incompatible activities at a minimum. Per the FAA, permissible land uses within RPZs include: • Farming • Irrigation channels • Airport service roads • Underground facilities • Unstaffed NAVAIDS and facilities (only if fixed by function) The FAA also recommends airports coordinate with the Airports District Office (ADO) to remove or mitigate the risk of any existing incompatible land uses in the RPZ as practical, including public roads. The RPZ includes both an ARPZ and a DRPZ. The ARPZ is located 200 feet from the runway threshold. The DRPZ begins 200 feet beyond the runway end, or the far end of the runway end. The size of the ARPZ and DRPZ are the same for both runway ends. It is recommended the Airport obtain control of parcels within the APRZs and DRPZs to the extent practical. City of Clearwater 2-6 Clearwater Airpark Layout Plan Table 2.3 Existing Runway Design Item Standard Existing Visibility Minimums Visual Visual Runway Geometry Runway Design Code (RDC) B-I-VIS B-I-VIS Runway Length 3,200 4,108 Runway Width 60 75 Shoulder Width 10 - Blast Pad Width 80 - Blast Pad Length 60 - Runway Separation Holding Position 125 125 Parallel taxiway/taxilane centerline 150 150 Aircraft parking area 125 ≥ 200 Runway Safety Area (RSA)1 Length beyond runway end 240 240 Length prior to threshold 240 240 Width 250 250 Runway Object Free Area (ROFA)1 Length beyond runway end 240 240 Length prior to threshold 240 240 Width 250 250 Runway Obstacle Free Zone (ROFZ) Length beyond runway end 200 200 Width 250 250 Approach and Departure Runway Protection Zone (ARPZ and DRPZ)2 Length 1,000 1,000 Inner Width 250 250 Outer Width 450 450 Source: FAA AC 150/5300-13A (Change 1), Airport Design, Table 3-5 Notes: 1 The Runway 16 RSA and ROFA is partially outside the existing airport property on undeveloped land 2 The APRZ and DRPZ are not entirely within airport owned or controlled property 2.4 Taxiway System The taxiway system of an airport provides for the safe and efficient movement of aircraft between the runways, terminal area, and general aviation facilities. The following evaluates the taxiways according to design standard and operational efficiency from a runway exit perspective. City of Clearwater 2-7 Clearwater Airpark Layout Plan 2.4.1 Taxiway Design Taxiway design standards are based on the ADG and TDG of the aircraft using the taxiways. ADG affects the protection areas, separation standards, and wingtip clearances. TDG determines the width, taxiway edge safety margin (TESM), and shoulder width. A comprehensive review of the existing TESM (main-gear horizontal clearance) available was not completed as part of this analysis. However, proposed taxiway improvements, if any, will adhere to the FAA design standards. The design requirements that apply to taxiways at CLW are summarized in Table 2.4. The FAA standards can be adjusted for aircraft specific operational areas. For example, if an aircraft parking area is restricted to aircraft with wingspans of 37-feet or less (a large majority of single-engine aircraft), the taxilane to fixed/movable object separation is 32.2-feet which is equal to 0.6 times the wingspan plus 10-feet. Table 2.4 FAA Taxiway Standards Item ADG I Protection Taxiway Safety Area 49’ Taxiway Object Free Area 89’ Taxilane Object Free Area 79’ Taxiway Separation Parallel taxiway/taxilane centerline 70’ Fixed and/or Movable Object 44.5’ Taxilane Separation Parallel taxilane centerline 64’ Fixed and/or Movable Object 39.5’ Wingtip Clearance Taxiway 20’ Taxilane 15’ Item TDG 2 Pavement Design Taxiway Width 35’ Taxiway Shoulder Width 15’ Taxiway Edge Safety Margin (TESM) 7.5’ Source: FAA AC 150/5300-13A (Change 1), Airport Design Figure 2.2 illustrates the existing aircraft parking areas at CLW, including the ADG I taxilane separation standards. City of Clearwater 2-8 Clearwater Airpark Layout Plan Figure 2.2 Existing Aircraft Parking Areas TBA: Tampa Bay Aviation The following summarize the existing issues and recommended improvements: • Two hardstand pads are within the ADG I Taxilane Object Free Area (TOFA) for the taxilane accessing Bender Aviation Services; it is recommended these hardstands are not used for aircraft parking • The taxilane accessing hardstands on rows M and L does not provide a standard ADG I TOFA; it is recommended these rows are modified to provide a TOFA that provides sufficient clearance for the aircraft that typically use these hardstands (i.e., aircraft with wingspans less than 37-feet) • Similarly, the turf taxilane accessing the Tampa Bay Aviation (TBA) rows does not provide sufficient clearance for aircraft that typically utilize these positions; therefore, it is recommended the hardstands are modified to provide a TOFA specific to the aircraft utilized by TBA • The taxilane accessing the transient aircraft parking positions provides a standard ADG I TOFA; however, pavement markings are recommended to identify the aircraft parking restriction line (APRL) • Similarly, APRL markings are recommended for hardstands along row K and the 3 south end parking positions • The separation between Transient positions 3 and 4 (centerlines) is limited to approximately 38-feet; therefore, it is recommended that either the aircraft parking at these positions are restricted or Position 4 is widened to improve the separation • The existing taxilanes accessing covered parking (T-Hangars and Shade hangars) have varying TOFAs but none satisfy ADG I standards; accordingly, it is recommended access to City of Clearwater 2-9 Clearwater Airpark Layout Plan these hangars is restricted to aircraft with wingspans proportionate to the TOFA available, providing a minimum recommended wingtip clearance of 10-feet 2.4.2 Taxiway Configurations FAA design standards emphasize safe and efficient taxiway configurations while minimizing excess pavement, including improvements to existing taxiway geometry and removal of pavement, when necessary, to minimize the risk of runway incursions. Several taxiway configurations are identified in the FAA standards as increasing the potential risk of a runway incursion. As illustrated in Figure 2.3, there are four locations at CLW which the FAA considers non-standard as they allow direct access from an apron area to a runway. Solutions to mitigate these non-standard conditions will be evaluated as part of the alternatives analysis. Figure 2.3 Non-Standard Taxiway Configurations 2.4.3 Pavement Condition FDOT sponsors an airfield pavement management program for numerous public airports to “prioritize pavement maintenance and rehabilitation, determine maintenance scheduling, performing material evaluations and supporting design considerations.” Figure 2.4 depicts the currently available conditions as reported by FDOT in June 2015. Figure 2.4 FDOT 2015 Pavement Condition Report Source: FDOT Statewide Airfield Pavement Management Program (June 2015) City of Clearwater 2-10 Clearwater Airpark Layout Plan Runway 16-34 and Taxiway A (as well as all connector taxiways) are in good condition. The FDOT report identified approximately $2.6 million in near-term (2015) major rehabilitation needs for the Tampa Bay Aviation hangar apron (poor), the Bender Aviation Services hangar apron (very poor), the taxilanes accessing the hardstand rows K, L, M, and N (poor) and J (fair) as well as those accessing covered parking areas C (north), D, E, F, G, H, and I (fair). The FDOT report also identified a $406,000 major rehabilitation of the taxilanes accessing T-Hangars A, B, and C (south) in 2018 (satisfactory). Preventive maintenance during the FDOT report’s 10-year planning horizon included another $615,000 in preventative maintenance for an estimated program total of $3.62 million. Since no major pavement rehabilitation has been completed since the 2015 FDOT report, it is recommended the major rehabilitations and preventative maintenance projects are included in CLW’s Capital Improvement Program (CIP). 2.4.4 Navigational Aids Both runway ends 16 and 34 are equipped with a 4-Box Visual Approach Slope Indicator (VASI). These systems are owned and maintained by the FAA. These visual aids adequately satisfy the needs of these runways. Runway 16-34 is equipped with medium intensity runway edge lighting (MIRL). This lighting satisfies the FAA standard for the approach visibility minimums of each runway and is sufficient to accommodate existing and future aircraft operations. All the existing taxiways at CLW have Medium Intensity Taxiway Lights (MITL). This lighting is sufficient to satisfy existing and future operational requirements. The primary wind cone is located at the approximate midpoint of the runway, on the west side. A second supplementary wind cone can be found mounted on the western end of a series of T-hangars located east of the Runway 34 threshold. A segmented circle to indicate the non- standard airport traffic pattern is marked on the Runway near the 34 end. A study was completed in 2015 to access the impacts associated with implementing a non-precision instrument approach procedure at CLW. The impacts the study identified include: • Increased CFR Part 77 Civil Airport Imaginary Surfaces • Primary Surface to width of 500 feet • Transitional Surfaces will be penetrated by trees and buildings • Approach Surface trapezoid will be larger (albeit at Slope of 20:1) • Runway Protection Zone will be larger and will have incompatible land uses per Interim RPZ guidance • 150/5300-18B survey Will NOT pickup objects appropriate to CFR Part 77 or TERPS Departure Surfaces for NP LNAV GPS Approach • NGS Survey conducted in 2011 for LPV approach to Runway 16 • LPV approach will introduce TERPS OCS Surfaces, Larger Approach Surface and Larger RPZ City of Clearwater 2-11 Clearwater Airpark Layout Plan 2.5 General Aviation Facilities Facility requirements for General Aviation (GA) facilities are determined from a variety of available guidance, but primarily includes: • FAA Advisory Circular 150/5300-13A (Change 1), Airport Design • Transportation Research Board (TRB) Airport Cooperative Research Program (ACRP) Report 113: Guidebook on General Aviation Facility Planning 2.5.1 Aircraft Parking & Storage Aircraft parking facilities typically requires a large area because they require adequate aircraft storage hangars, tie-down positions, clearance from other fixed and/or movable objects, and access to/from the airfield. The following sections summarize the requirements for the aircraft parking facilities. Table 2.5 Aircraft Parking and Hangar Storage Requirements Item Existing Conditions Forecast 2018 2023 2028 2033 2038 Single-Engine Based Aircraft 119 123 125 127 129 131 Multi-Engine 14 14 14 15 15 16 Helicopters 6 6 7 8 10 11 Total Based GA Aircrafts 139 143 146 150 154 157 T-Hangar Units1 87 96 97 99 101 102 T-Hangar Unit Surplus/(Deficiency) - (9) (10) (12) (14) (15) Conventional Storage Hangars 3 4 4 5 5 5 Conventional Storage Hangars Surplus/(Deficiency) - (1) (1) (2) (2) (2) Total Based Aircraft in Storage Hangars 97 108 109 113 116 119 Based Aircraft Parked at Hardstands2 42 35 37 37 38 38 Based Aircraft Hardstands Surplus/(Deficiency) 6 13 11 11 10 10 Transient Aircraft at Hardstands 12 12 13 13 14 15 Transient Aircraft Hardstands Surplus/ (Deficiency) (5) (5) (6) (6) (7) (8) Total Recommended Hardstands 54 47 50 50 52 53 Surplus/(Deficiency) with Hangar Development (6) 1 (2) (2) (4) (5) Surplus/(Deficiency) without Hangar Development (6) (10) (14) (18) (23) (27) Notes: 1 The existing T-Hangars units are 100% occupied 2 Existing number of hardstand positions only include those paved for aircraft parking 2.5.1.1 Aircraft Hangars Hangar storage at CLW is provided via T-Hangars and conventional hangars. T-Hangars are multi-unit hangar buildings typically utilized for small ADG I aircraft with wingspans less than 49 feet. The size of a T-Hangar building is dependent upon the type and number of units it accommodates. For example, the type of T-Hangar buildings at CLW are in a nested configuration which allows access from both sides of the building, creating a shorter but wider structure. Conventional hangars can accommodate aircraft larger than an ADG I. The size of a conventional City of Clearwater 2-12 Clearwater Airpark Layout Plan hangar is dependent upon the type and number of aircraft to be stored. Conventional hangar buildings are primarily provided as single-unit structures but can also include multi-unit structures. The following planning parameters were used for determining hangar requirements: • The existing 87 T-Hangar and Shade Hangar units are 100 percent occupied • Storage of based single-engine aircraft is based on the following: ─ 69 percent will be stored in T-Hangars or Shade Hangars ─ 30 percent will be stored at tie-down positions ─ 1 percent will be stored in a conventional hangar • Storage of based multi-engine aircraft is based on the following: ─ 75 percent will be stored in T-Hangars or Shade Hangars ─ 25 percent will be stored in conventional hangar • Storage of based helicopters is based on the following: ─ 15 percent will be stored in T-Hangars or Shade Hangars ─ 85 percent will be stored in conventional hangar • A single conventional hangar can accommodate more than one aircraft in the hangar, including either: ─ 2.5 single-engine or multi-engine aircraft; or ─ 4 helicopters It is recommended that space is reserved for 15 additional T-Hangar units (number of structures to be determined) and two additional conventional storage hangars based on anticipated demand. 2.5.1.2 Aircraft Parking Apron Appendix C of the ACRP Guidebook for General Aviation Facility Planning provides a method for determining the number of aircraft tie-down positions utilizing annual transient operations. For the purposes of this analysis, itinerant general aviation operations are considered transient. The ACRP formula for calculating number of parking spaces is: (X/2*T) / 365 * P = Number of Transient Parking Positions Where, X = number of forecast operations (general aviation) T = percent of operations which are transient (40 percent for CLW) P = percent of transient aircraft that are parked on the apron at the same time (80 percent for CLW). Based on existing and forecast operations, the number of parking spaces required is currently 12 and will increase to 15 in 2038. Since CLW only has 7 existing aircraft parking positions available for transient operations, there is an immediate need for 5 additional transient aircraft parking positions and a total of 15 throughout the planning horizon. City of Clearwater 2-13 Clearwater Airpark Layout Plan 2.5.2 Terminal The ACRP Report 113 provides a method for sizing the GA Terminal building based on peak-hour operations and occupancy. The method’s planning factors consist of 2.5 people per peak hour operation, and 100 SF to 150 SF of space per person. For planning purposes, 150 SF per person was used to account for the additional spaces required for flight training activities by Tampa Bay Aviation. However, the actual size will be determined during planning and design of the facility based on the needs of the City and its tenants. Table 2.6 summarizes the recommended terminal building size based on the aviation activity forecasts. Table 2.6 GA Terminal Building Size Recommendation Year Peak Hour Operations Persons per Peak Hour Operation Space Per Person (SF) Recommended Terminal Size (SF) 2017 27 2.5 150 10,125 2018 27 2.5 150 10,125 2023 29 2.5 150 10,875 2028 30 2.5 150 11,250 2033 32 2.5 150 12,000 2038 33 2.5 150 12,375 Source: ACRP Report 113; AECOM Analysis 2.5.3 Vehicle Parking The existing terminal building includes 25 vehicle parking spaces. The City indicated the parking spaces are 100 percent occupied during peak periods. ACRP Report 113 (Exhibit 5-48) recommends providing a minimum of 2.5 parking spaces per peak hour operation and 1 space for every 200 SF of office or operations area within the building. For the purposes of this analysis, it was assumed vehicle parking for hangars would occur at the tenant’s hangar and are not included in the facility requirements. As summarized in Table 2.7 and based on the estimated peak hour operations, there is an immediate need for an additional 49 vehicle parking spaces and 79 additional vehicle parking spaces in 2038 for a total of 104 vehicle parking spaces. Table 2.7 GA Terminal Vehicle Parking Space Recommendations Parameters Existing Conditions Forecast 2018 2023 2028 2033 2038 2.5 spaces per peak-hour operation 67 68 71 75 79 1 space per 200 SF of Office/Operations Area 7 21 22 24 25 Total Recommended Vehicle Parking Spaces 25 74 90 94 99 104 Vehicle Parking Spaces Surplus/ (Deficiency) - (49) (65) (69) (74) (79) Source: ACRP Report 113; AECOM Analysis City of Clearwater 2-14 Clearwater Airpark Layout Plan 2.6 Support Facilities Support facilities analyzed in this section include the airport maintenance and fuel storage facilities. 2.6.1 Airport Maintenance Historically, the Airport shared landscape maintenance duties with an external contractor. The Airport has recently purchased a large tractor for mowing of grass and other airport maintenance purposes in order to eliminate the need for an external contractor. The two 300 SF maintenance sheds adjacent to the existing terminal are not large enough to store the new tractor. Therefore, a new maintenance storage shed is recommended to provide secure shelter for the new tractor. 2.6.2 Fuel Storage An adequate supply of fuel is necessary to minimize the frequency of fuel deliveries and the potential impacts to aircraft operations. Based on the operational characteristics of CLW and for the purposes of this analysis, it is recommended that the City maintain a fuel storage capacity of 14 days. Two types of fuel are available at CLW: AvGas (100 low lead) and Jet-A. AvGas is primarily used by GA piston aircraft operators and Jet-A is used by the Air Taxi, Military, and GA turboprop operators. The existing storage capacity at CLW is 12,000 gallons of AvGas and 12,000 gallons of Jet-A. Fuel sales data for 2016 was obtained from the City for the purposes of this analysis. GA operations typically include several short-term flights such as touch-and-go’s or local sightseeing which do not utilize a large amount of fuel and/or flights to nearby airports where fuel may be purchased prior to returning to CLW. Consequently, the average amount of AvGas demand per operation in 2016 is relatively low at approximately 3 gallons per operation. Jet-A fuel storage requirements were determined utilizing a demand of 43 gallons per Jet-A operation. For the purposes of this analysis, a Jet-A operation includes all Air Taxi and Military operations as well as 1 percent of all GA operations. As summarized in Table 2.8, the existing fuel storage supply for AvGas and Jet-A is sufficient to provide a 14 day supply throughout the planning horizon. City of Clearwater 2-15 Clearwater Airpark Layout Plan Table 2.8 Fuel Storage Capacity Recommendations Item Existing Conditions Forecast 2018 2021 2026 2031 2036 Average Day Peak Month (ADPM) Operations1 181 183 192 202 212 223 ADPM Jet-A Operations 2 2 2 2 2 2 ADPM Jet-A Demand per Operation (gallons/ops)2 43 43 43 43 43 43 ADPM Jet-A Demand (gallons) 86 87 91 96 100 105 Existing Jet-A Storage Capacity (gallons) 12,000 12,000 12,000 12,000 12,000 12,000 Existing Jet-A Storage Capacity (days)3 139 138 132 126 120 114 Jet-A Storage Capacity Required (gallons) 1,205 1,217 1,276 1,339 1,404 1,473 Existing Jet-A Storage Capacity Surplus / (Deficit) 10,795 10,783 10,724 10,661 10,596 10,527 ADPM AvGas Operations 179 181 190 200 210 221 ADPM AvGas Demand per Operation (gallons/ops)2 3 3 3 3 3 3 ADPM AvGas Demand (gallons) 537 542 570 599 630 662 Existing AvGas Storage Capacity (gallons) 12,000 12,000 12,000 12,000 12,000 12,000 Existing Gas Storage Capacity (days)3 22 22 21 20 19 18 AvGas Storage Capacity Required (gallons) 7,517 7,592 7,980 8,387 8,815 9,265 Existing AvGas Storage Surplus / (Deficit) 4,483 4,408 4,020 3,613 3,185 2,735 1 Includes all operations types 2 Based on 2016 Fuel Sales data 3 A storage capacity of 14 days is recommended 2.7 Land Use The property boundary of CLW includes a 75-acre site currently occupied by The Landings Golf Club and zoned as Open Space / Recreational by the City of Clearwater. The lease for this site will expire within the planning horizon of this ALP Update and may not be renewed by the City of Clearwater and/or The Landings Golf Club. Airports are recognizing the opportunity to utilize surplus land for revenue generating purposes such as corporate hangars and/or industrial parks. It is recommended this site is reserved for aeronautical and/or non-aeronautical purposes in the event the lease is not renewed. A public referendum will be required to change the zoning of this parcel from Open Space / Recreational to Commercial / Industrial. City of Clearwater 2-16 Clearwater Airpark Layout Plan 2.8 Summary of Recommendations Based on the analyses summarized in previous sections, the following facility improvements are recommended: • Obtain control of unowned parcels with the APRZ and DPRZ to the extent practical • Maximize operational safety and efficiency of aircraft parking areas through aircraft wingspan restrictions on taxilanes or relocation/reconfiguration of parking positions • Mitigate non-standard taxiway geometries • Rehabilitate pavement per FDOT pavement management report • 5 additional transient parking positions in the near-term and a total of 15 throughout the planning horizon • 15 additional T-Hangar units • 2 additional conventional hangars • Expand the terminal building to roughly 12,500 SF • Increase the number of vehicle parking spaces from 25 to 104 • Provide a new secured maintenance shed for storage of the recently purchased tractor • Reserve the 75-acre site currently occupied by The Landings Golf Club for aeronautical / non-aeronautical purposes City of Clearwater 3-1 Clearwater Airpark Layout Plan Section 3.0 ALTERNATIVES ANALYSIS 3.1 Introduction The City of Clearwater (“City”) is updating the Airport Layout Plan (ALP) and Capital Improvement Program (CIP) for the Clearwater Airpark (CLW or Airpark) based on existing and anticipated demand. The Airpark has experienced increasing demand for use of their facilities over the past few years and has identified an immediate need for additional and/or improved facilities, including aircraft storage and terminal facilities. The purpose of this report is to identify and evaluate development alternatives recommended to accommodate the facility requirements provided in Working Paper #2, which included: • Obtain control of unowned parcels with the Approach Runway Protection Zone (APRZ) and Departure Runway Protection Zone (DPRZ) to the extent practical • Mitigate non-standard taxiway configurations • Rehabilitate pavement per the Florida Department of Transportation (FDOT) pavement management report • Provide blast pads for both runway ends • Maximize operational safety of aircraft parking areas through aircraft wingspan restrictions on taxilanes or relocation/reconfiguration of parking positions • Provide 8 additional transient parking positions and 56 total aircraft parking positions • 15 additional T-Hangar units • 2 additional conventional hangars • Expand the terminal building to roughly 12,500 Square Feet (SF) • Increase the number of vehicle parking spaces from 25 to 104 • Provide a new secured maintenance shed for storage of the recently purchased tractor • Provide a new Airport Rotating Beacon • Reserve the 75-acre site currently occupied by The Landings Golf Club for aeronautical / non- aeronautical purposes City of Clearwater 3-2 Clearwater Airpark Layout Plan 3.2 Evaluation Criteria The FAA recommends a standard set of criteria to evaluate development alternatives according to an airport’s unique situation. The evaluation process should feature “generally accepted planning principles, be replicable, consistently applied, and well documented.”1 Similarly, the Florida Department of Transportation (FDOT) 2016 Guidebook for Airport Master Planning states “a set list of selection criteria or influencing factors should be identified to help evaluate and select the recommended plan.” Accordingly, a set of evaluation criteria were established for use in the alternatives analysis. The criteria are strategic, qualitative, and quantitative to ensure that the evaluation process remained at a master planning level of detail. The selected criteria include the following: 1. Achievement of the Objective: This is primarily based on achieving the specific need identified in the Facility Requirements. Alternatives are assessed and ranked based on the degree to which it satisfies the objective. 2. Airport Design Standards: The proposed development should satisfy all applicable airport design standards and maintain or improve the safety and efficiency of the Airpark. 3. Flexibility: The alternative should support a reasonable level of flexibility to accommodate changes in demand, including the ability to be expanded in the future. 4. Collateral Impacts: This evaluates the extent to which an alternative requires changes or improvements to existing Airpark facilities which otherwise would not require changes or improvements. For example, mitigation of existing stormwater drainage features due to a proposed structure. 3.3 Development Constraints Certain features or operational factors of the Airpark represent constraints to development due to the costs associated with impacts, political and/or socioeconomic factors, and/or operational safety. Within the existing property boundary of CLW, these constraints include existing infrastructure and environmental features as depicted in Figure 3.1. 1 FAA Advisory Circular 150/5070-6B, Airport Master Plans, paragraph 904 City of Clearwater 3-3 Clearwater Airpark Layout Plan Figure 3.1 Development Constraints Source: RDM International, Inc. (2018) 3.3.1 Infrastructure Constraints Existing infrastructure constraints at CLW include: • Clearwater Gas System Natural Gas Filling Station located at the entrance of the Airpark on North Hercules Avenue • Existing Automated Weather Observation System (AWOS) located within the aircraft hardstand parking area adjacent to the T-Hangars • Existing Visual Approach Slope Indicator (VASI) system components at the Runway 34 end • The City of Clearwater Water System Maintenance complex at the north end of the Airpark • The Landings Golf Club west of the airfield (while this land may be available for development at some time in the future, no development was proposed on this site for this planning period) 3.3.2 Environmental Constraints The primary environmental constraints at CLW include existing drainage features. While these drainage features can be mitigated to accommodate new development, there are typically high costs associated with mitigation requirements. Additionally, an existing 100 plus year-old tree located just outside the existing terminal was also considered a development constraint as it is a widely recognized and valued feature of the Airpark. 3.3.3 Operational Constraints Operational constraints, other than those associated with aircraft movement safety areas such as the taxiway object free area, include the Runway Protection Zones (RPZs). Based on current FAA design guidelines, no development is proposed inside the RPZs. City of Clearwater 3-4 Clearwater Airpark Layout Plan 3.4 Development Alternatives This section evaluates several alternatives to address the capacity, efficiency, and safety requirements previously summarized. However, some improvements were not subject to an alternatives analysis if they were recommended to satisfy FAA design standards or restricted by the development constraints summarized in the previous section, including: • Blast pads at both runway ends • Mitigation of direct access from the aircraft hardstand parking area to the runway • Aircraft hardstand parking reconfiguration Key elements of the existing hardstand parking area are illustrated in Figure 3.2. Figure 3.2 Existing Hardstand Parking Areas Source: RDM International, Inc. (2018) The existing taxilane from the transient hardstand positions allows for direct access to the runway via Taxiway A6. To mitigate this condition, relocation of the taxiway connector between Taxiway A and Runway 16-34 is recommended. The existing VASI system restricts relocation of this connector to the south. Therefore, it is proposed that the existing connector is removed, and a new connector is constructed south of the existing connector as illustrated in Figure 3.3. Reconfiguration of the hardstand parking Rows K and N (16 positions), as well as transient parking positions 1-5, is restricted by the existing AWOS and drainage ditch parallel to Taxiway A. Therefore, it is recommended the existing condition is maintained due to cost associated with mitigating these restrictions. City of Clearwater 3-5 Clearwater Airpark Layout Plan Similarly, the reconfiguration of existing hardstand parking Rows M and L as well as the Tampa Bay Aviation positions are restricted by the existing tree outside the terminal and a drainage ditch parallel to Taxiway A. However, reconfiguration of this area is recommended to maximize the number of aircraft hardstand positions and operational safety. As illustrated in Figure 3.3, reconfiguration of this area includes realignment and expansion of the hardstand parking rows, relocation of helicopter pads, and new transient parking hardstand pads. The taxilane accessing transient parking positions will provide ADG II aircraft access which requires an expansion of the transient hardstand pads 2-5 to maintain adequate wingtip clearance. A total of 56 aircraft hardstand parking positions is provided. Three new hardstand parking positions east of the existing fuel farm are also proposed for use by Bender Aviation. These will replace the two existing unusable positions that are currently within the taxilane object free area. These positions are used exclusively by Bender Aviation and are not included in the total number of aircraft parking positions available for based or transient aircraft. Figure 3.3 Standard Recommended Improvements Source: RDM International, Inc. (2018) City of Clearwater 3-6 Clearwater Airpark Layout Plan 3.4.1 T-Hangars The anticipated demand within the planning horizon indicates an additional 15 T-Hangar units can be supported at the Airpark. Each T-Hangar structure can accommodate multiple units. For the purposes of this analysis, two T-Hangar structures are proposed to accommodate the recommended 15 additional units. 3.4.1.1 Alternative 1 The first alternative (Figure 3.4) includes the construction of a new structure on existing Row J, currently an uncovered aircraft parking area accommodating 9 positions. Utilizing existing Row J eliminates the need to construct new pavement for access to each unit. However, it is recommended this includes the realignment of the airport security fence to maximize aircraft wingtip clearance on the north side of the structure. A new 10-unit structure is also proposed south of existing T-Hangar A and parallel to North Hercules Boulevard. This option eliminates 2 existing hardstand positions and requires mitigation of impacts to an existing retention pond, drainage canal, and potentially a berm inside airport property along Gilbert Street. Figure 3.4 T-Hangars - Alternative 1 Source: RDM International, Inc. (2018) City of Clearwater 3-7 Clearwater Airpark Layout Plan 3.4.1.2 Alternative 2 The second alternative (Figure 3.5) also includes the construction of a new T-Hangar on existing Row J as in Alternative 1 and a new T-Hangar south of existing T-Hangar A. However, the new T-Hangar south of existing T-Hangar A is aligned to eliminate the need to mitigate the existing retention pond and minimize impacts to the existing drainage canal while also avoiding impacts to the Runway 34 Protection Zones and airspace. Figure 3.5 T-Hangars - Alternative 2 Source: RDM International, Inc. (2018) City of Clearwater 3-8 Clearwater Airpark Layout Plan 3.4.1.3 T-Hangar Alternatives Evaluation Table 3.1 summarizes and compares the alternatives according to the evaluation criteria previously identified in this chapter. Based on the evaluation, Alternative 1 is the recommended alternative. Table 3.1 T-Hangar Alternatives Evaluation Criteria Alternative 1 2 Achievement of the Objective Yes Yes Airport Design Standards Partial Partial Flexibility Yes No Collateral Impacts Poor Fair Source: RDM International, Inc. Achievement of the Objective The primary objective is to provide 15 additional T-Hangar units. Both alternatives can provide approximately 19 units. Airport Design Standards The construction of a new covered structure on Row J utilizes the existing pavement which does not in each alternative adheres to FAA design standards. Flexibility The new structure proposed south of existing T-Hangar A in Alternative1 can accommodate an expansion of the structure as well as additional hardstand pads without resulting in additional impacts. However, the structure proposed in Alternative 2 cannot accommodate an expansion while maintaining adequate clearance from existing infrastructure. Collateral Impacts Each alternative requires mitigation of existing stormwater drainage features. However, Alternative 2 minimizes the impacts and the associated costs. City of Clearwater 3-9 Clearwater Airpark Layout Plan 3.4.2 Conventional Hangars The anticipated demand within the planning horizon indicates an additional 2 Conventional Hangar units can be supported at the Airpark. The existing Tampa Bay Aviation conventional hangars are approximately 10,000 SF. A 10,000 SF hangar can accommodate approximately 98% of aircraft categorized as ADG I or II2. Therefore, a 10,000 SF hangar is recommended to maximize flexibility for the number and type of aircraft that can be stored in the hangar. Three potential locations were identified for development of additional hangars, as illustrated in Figure 3.6. Figure 3.6 Conventional Hangar Alternative Locations Source: RDM International, Inc. (2018) 3.4.2.1 Alternative 1 The first potential location for a new conventional hangar is south of the existing Bender Aviation Services hangar and north of the existing fuel tanks. This location can accommodate a conventional hangar outside of the taxilane object free area, but the aircraft parking area must be located south of the proposed hangar structure. Additionally, the size of the hangar structure is limited to approximately 6,000 Square Feet (SF) hangar and the aircraft parking apron is restricted to approximately 1,200 Square Yards (SY) due to existing infrastructure. Three existing hardstand pads utilized by Bender Aviation Services are eliminated in this alternative. 3.4.2.2 Alternative 2 The second potential location utilizes a vacant site adjacent to the existing Tampa Bay Aviation hangars. The site can accommodate a 10,000 SF hangar (same as the existing hangars) and an 1,800 SY expansion of the existing aircraft parking apron (the existing apron is approximately 2,300 SY). 3.4.2.3 Alternative 3 The third potential location is along Keene Road on the west side of Runway 16, north of the existing fence line of The Landings Golf Club. Similar to Alternative 2, this site can also accommodate a 10,000 SF hangar and 1,800 SY aircraft parking apron. The site provides easy 2 Airport Cooperative Research Program (ACRP) Report 113, Guidebook on General Aviation Facility Planning City of Clearwater 3-10 Clearwater Airpark Layout Plan access from Keene Road and flexibility to construct additional hangars and aircraft parking apron in the future if needed. However, this site requires a new taxiway for access to Runway 16-34 and Taxiway A as well as mitigation of an existing retention pond. 3.4.2.4 Conventional Hangar Alternatives Evaluation Table 3.2 summarizes and compares the alternatives according to the evaluation criteria previously identified in this chapter. Based on the evaluation, Alternative 2 and Alternative 3 are the recommended alternatives for the recommended 2 future hangars. Table 3.2 Conventional Hangar Alternatives Evaluation Criteria Alternative 1 2 3 Achievement of the Objective Partial Yes Yes Airport Design Standards Yes Yes Yes Flexibility No No Yes Collateral Impacts Fair Good Very Poor Source: RDM International, Inc. Achievement of the Objective Alternative 2 and Alternative 3 each can accommodate a 10,000 SF hangar. Since the size of the hangar in Alternative 1 is restricted, it is considered to only partially achieve the objective. Airport Design Standards Each of the proposed locations can accommodate a new hangar and aircraft parking area without impacting safety areas. Flexibility Alternative 3 is the only location that can accommodate future expansion. Alternative 1 is restricted by the existing taxilane, Bender Aviation Services facility, the fuel farm, and Grand Avenue. Alternative 2 is restricted by Taxiway A, an existing drainage ditch, and other existing off-airport infrastructure. Collateral Impacts Alternative 1 and Alternative 2 can be constructed without significant mitigation of existing drainage features. However, Alternative 3 is located within an existing retention pond constructed for runoff from Keene Road when it was widened in the mid-2000s and will require extensive mitigation. Furthermore, the Alternative 3 site is within a parcel zoned as Open Space / Recreational and would require a significant rezoning effort before it can be implemented. City of Clearwater 3-11 Clearwater Airpark Layout Plan 3.4.3 Terminal A larger terminal building, maintenance shed, and vehicle parking area is recommended. Due to existing constraints and recommended developments summarized in the preceding sections, it is recommended the existing terminal site is utilized for a future terminal building and automobile parking area. Two alternatives were identified and evaluated for the future terminal. Figure 3.7 illustrates the existing terminal and proposed aircraft parking area for reference. There are 5 existing trailers (each approximately 1,000 SF) used by the Civil Air Patrol (CAP), a vehicle parking lot with 25 spaces, and a 3,800 SF terminal structure. Figure 3.7 Terminal Area Source: RDM International, Inc. (2018) City of Clearwater 3-12 Clearwater Airpark Layout Plan 3.4.3.1 Alternative 1 The first alternative (Figure 3.8) expands the terminal in its existing location and maintains 3 of the existing 5 CAP trailers. To accommodate an expansion of the vehicle parking lot, one of the remaining CAP trailers will be relocated and the other removed. The proposed 12,500 SF single-story terminal structure is sized based on anticipated demand in 2038. A second-story may be necessary to accommodate other features such as a restaurant and/or conference room. Additionally, a temporary building will be required during construction of the proposed terminal. The proposed expansion of the existing vehicle parking lot is restricted by the CAP trailers and an existing drainage ditch. Therefore, the expansion can only accommodate 94 parking spaces, 11 short of the 105 spaces recommended based on anticipated demand. A new maintenance shed is proposed adjacent to the EAA facility. Figure 3.8 Terminal Expansion - Alternative 1 Source: RDM International, Inc. (2018) City of Clearwater 3-13 Clearwater Airpark Layout Plan 3.4.3.2 Alternative 2A Alternative 2A proposes a 14,500 SF single-story terminal structure and removes all the existing CAP trailers to maximize the number of vehicle parking spaces (105 in this alternative). It is anticipated that CAP activities will be accommodated in the future terminal. It is also intended that the terminal will be constructed in phases to eliminate impacts to airport operations. A new maintenance shed is proposed adjacent to the future terminal. Figure 3.9 Terminal Expansion - Alternative 2A Source: RDM International, Inc. (2018) City of Clearwater 3-14 Clearwater Airpark Layout Plan 3.4.3.3 Alternative 2B Alternative 2B is similar to Alternative 2A in that the existing CAP trailers are removed to maximize the number of vehicle parking spaces (also 105 in this alternative). However, this alternative proposes a two-story structure to minimize the footprint of the terminal. As the proposed terminal is 10,500 SF, only a partial second floor is required to accommodate anticipated demand. Similar to Alternative 2A, it is also intended that the terminal will be constructed in phases to eliminate impacts to airport operations. A new maintenance shed is proposed adjacent to the future terminal. Figure 3.10 Terminal Expansion - Alternative 2B Source: RDM International, Inc. (2018) City of Clearwater 3-15 Clearwater Airpark Layout Plan 3.4.3.5 Terminal Alternatives Evaluation Table 3.3 summarizes and compares the alternatives according to the evaluation criteria previously identified in this chapter. Based on the evaluation, Alternative 2A is the recommended alternative for the future terminal structure. Table 3.3 Terminal Alternatives Evaluation Criteria Alternative 1 2A 2B Achievement of the Objective Partial Yes Yes Airport Design Standards Yes Yes Yes Flexibility Partial Partial Partial Collateral Impacts Good Fair Fair Source: RDM International, Inc. Achievement of the Objective Alternative 1 only partially achieves the objective since it does not provide the recommended number of vehicle parking spaces. Alternatives 2 and 3 can accommodate all recommended improvements. Airport Design Standards None of the alternatives include non-standard conditions. Flexibility Each of the alternatives provides partial flexibility as the terminal building can be expanded by adding and/or expanding a second level; however, the proposed vehicle parking areas cannot accommodate an expansion. Collateral Impacts Alternative 1 maintains most of the existing CAP trailers while the other two alternatives remove all of them. It is intended CAP functions can be accommodated in the new terminal building but this 3.4.4 Navigational Aids The Clearwater Airpark provide Medium Intensity Runway Lights (MIRL). Per FAA Advisory Circular 150/5300-13A (Change 1), Airport Design, airport rotating beacons are required for any airport with runway edge lights. Accordingly, a rotating beacon is recommended for the Airpark. The main purpose of the beacon is to indicate the location of a lighted airport. Siting and installation of a rotating beacon is based on the following guidelines: • Located within 5,000 feet of a runway • Mount all airport rotating beacons higher than any surrounding obstructions so that the bottom edge of the beacon’s light beam, when adjusted correctly, will clear all obstructions ─ Mounted high enough above the surface so that the beam sweep, aimed 2 degrees or more above the horizon, is not blocked by any natural or manmade object City of Clearwater 3-16 Clearwater Airpark Layout Plan • May be mounted on the roof of hangars or other buildings or on wooden power pole towers and metal towers Three different beacon tower structures are available. These include the Structural Steel Towers, Tubular Steel Towers, and Tip-Down Pole Towers. Structural Steel Towers are available in heights of 51, 62, 75, 91, 108, 129, and 152 feet. Tubular Steel Towers consist of different lengths of low alloy, high strength tubular steel sections welded together to obtain a basic tower height of 51 feet. Tip-Down Pole Towers consist of a two-section octagonal tapered structure with a counterweight and hinge that allow the top section to be easily raised and lowered by one person using an internal hand-operated winch for maintenance. These towers are typically available at lengths up to 55 feet. Figure 3.11 illustrates these three tower types. Figure 3.11 Typical Beacon Towers Source: FAA Advisory Circular 150/5340-30J, Design and Installation Details for Airport Visual Aids (2/12/2018) Three potential locations for the new beacon are identified for future evaluation. These sites are illustrated in Figure 3.12 as part of the following section and are adjacent to the proposed terminal, the fuel farm, and the proposed conventional hangar at the existing Tampa Bay Aviation hangars site. City of Clearwater 3-17 Clearwater Airpark Layout Plan 3.4.5 Recommended Development Plan Figure 3.12 illustrates the recommended development plan based on the analyses summarized in this chapter. Figure 3.12 Recommended Development Plan Source: RDM International, Inc. (2018) City of Clearwater 3-18 Clearwater Airpark Layout Plan 3.4.6 Land Use On-airport and off-airport land uses are a key consideration for airports. Protecting the airspace on parcels outside of airport property maximizes the operational safety of aircraft as well as people and property on the ground. Establishing land uses on airport property allows the airport to allocate limited resources for specific functions and maximize the long-term benefit and financial sustainability of the airport, whether aviation related functions or non-aviation development. The existing on-airport land uses as defined by the City of Clearwater are illustrated in Figure 3.13. Figure 3.13 Existing On-Airport Land Uses Source: City of Clearwater (2018) The majority of Airpark property is designated as Transportation / Utility while The Landings Golf Club (over 300 acres) is designated as Recreational / Open Space. The parcel occupied by the City of Clearwater Water System Maintenance is classified as Industrial Limited as is the parcel north of the Runway 16 end. For the purposes of this analysis, and in the event The Landings Golf Club ceases operations, potential land uses are identified, for discussion purposes only, in Figure 3.14. City of Clearwater 3-19 Clearwater Airpark Layout Plan Figure 3.14 Potential Future On-Airport Land Uses Source: RDM International, Inc. (2018) Areas supporting general aviation activities such as hangar storage and terminal areas are classified as General Aviation. The runway and taxiways, including safety areas and protection zones, maintain the Transportation / Utility classification. However, an area on the west side of the runway is preserved for a potential future parallel taxiway. The existing Landings Golf Club site is split into 3 parcels. West of the runway is a large parcel allocated for future General Aviation purposes, including hangar storage and other general aviation related functions. Another parcel east of the existing residential area at the intersection of Keene Road and Airport Drive is maintained as Recreational / Open Space. A parcel immediately adjacent to Keene Road is classified as non-aviation development. While this could include commercial development to maximize airport revenues, one of the goals and objectives of the City of Clearwater’s Land Use policy is to maintain the residential character of the Keene Road corridor by limiting commercial development. Therefore, this parcel may be best utilized for residential development. These potential land use reclassifications are for discussion purposes only. A change to existing zoning classifications requires a review and approval process that includes public hearings. Any changes to the existing land use and zoning classifications on airport property should adhere to the processes defined by the City of Clearwater. City of Clearwater 4-1 Clearwater Airpark Layout Plan Section 4.0 FACILITIES IMPLEMENTATION PLAN 4.1 Introduction The purpose of the Facilities Implementation Plan is to prepare a Capital Improvement Plan (CIP) that converts the preferred development plan identified in the Alternatives Analysis (Working Paper #3) into a series of potential projects. Projects recommended for the CIP were identified based on numerous factors including safety, adherence to Federal Aviation Administration (FAA) design standards, capacity requirements, and the priorities of the Airport. The scheduled implementation of the projects as projected is based and dependent on many factors including the availability of required funding and environmental or other required approvals. 4.2 Project List and Descriptions A draft project list was developed from the proposed development plan. The draft project list was then reviewed with the City of Clearwater staff and refined to a final project list. The project list is organized by major airport components (i.e., Airfield, Terminal, General Aviation, and Support). This ordering was used to organize project descriptions, which are presented in the following paragraphs, and the cost estimates which are described later in this Working Paper. 4.2.1 Airfield Projects Airfield projects are those that are within the aircraft movement area (runways, taxiways, and approach/departure operational areas. The proposed development plan includes five (5) future airfield projects intended to enhance the safety of airport operations. 4.2.1.1 Relocate Taxiway A6 This project consists of constructing a new Taxiway A6 and demolishing the existing taxiway pavement. The purpose of this project is to improve the operational safety of the airfield by eliminating direct access from the aircraft parking area to the runway. The proposed taxiway is to be constructed based on FAA design standards for the Critical Aircraft identified in Working Paper #1, Aviation Activity Forecasts. The new taxiway is located south of the existing Taxiway A6 due to the navigational aids located to the north of the existing taxiway. 4.2.1.2 Construct Blast Pads This project consists of new blast pads for each runway end. The purpose of this project is to provide blast erosion protection beyond runway ends during jet aircraft operations that occasionally occur at CLW. 4.2.1.3 Property Acquisition at Runway 34 End This project consists of acquiring approximately 1.3 acres not currently within the airport property boundary. The property to be acquired is currently within the boundaries of Marymount Park which is owned by the City of Clearwater. The market value of the parcel is used for cost estimating purposes. City of Clearwater 4-2 Clearwater Airpark Layout Plan 4.2.1.4 Avigation Easement for Parcels within Runway 34 RPZs This project consists of obtaining an avigation easement for properties outside the existing airport property boundary but within the Runway 34 RPZs. The FAA’s airport design guidelines recommend that airports own the property underneath approach and departure areas to the limits of the RPZ, where practicable. The guidelines further recommend that the RPZ be cleared of all above ground objects where practicable. The purpose of this project is to obtain control of these properties and prevent the potential introduction of obstructions to safe air navigation and comply with the FAA guidelines to the extent practical. The parcels within the RPZ primarily consist of residential housing. 4.2.1.5 Avigation Easement for Parcels within Runway 16 RPZs This project consists of obtaining an avigation easement for properties outside the existing airport property boundary but within the Runway 16 RPZs. Similar to project #4, the purpose of this project is to obtain control of these properties and prevent the potential introduction of obstructions to safe air navigation and comply with the FAA guidelines to the extent practical. The parcels within the RPZ primarily consist of residential housing. 4.2.2 Terminal Projects Terminal projects include the terminal building and associated parking areas. The proposed development plan includes two (2) future terminal projects intended to accommodate existing and anticipated demand. 4.2.2.1 Construct New Terminal This project consists on constructing a new, permanent terminal building. The existing terminal is a temporary structure which was intended to be replaced with a more permanent structure. Construction of the proposed terminal shall be phased to allow uninterrupted operations by the airport and its tenants. Elements included in this project includes new and/or relocated security fencing, utilities, etc. 4.2.2.2 Expand Vehicle Parking Lot Vehicle parking at the existing terminal is severely limited and does not provide enough parking spaces for peak periods. This project consists of expanding the existing vehicle parking area and quadrupling the number of parking spaces available. The project requires the removal of the existing five (5) trailers currently under a Land Lease Agreement by the Civil Air Patrol (CAP) through 2022. 4.2.3 General Aviation Projects General Aviation projects consist of the aircraft storage facilities and the pavement used to access them. Most projects proposed in the development plan are General Aviation facilities. The 13 projects identified are summarized below. 4.2.3.1 Replace Shade Hangars with T-Hangars This project involves removal of the existing three (3) shade hangars (E, F, and G) and replacing them with standard T-Hangars. The purpose of this project is to provide more secure aircraft storage and accommodate customer demand while increasing revenues for the airport. This project does not include any changes to the existing taxilanes accessing these facilities. City of Clearwater 4-3 Clearwater Airpark Layout Plan 4.2.3.2 Expand Transient Aircraft Parking Area This project involves expanding the existing transient aircraft parking area to provide additional parking positions and Aircraft Design Group (ADG) II clearance for the transient aircraft that utilize CLW. The existing five (5) parking positions to the south of the existing taxilane are expanded and new parking restriction lines marked to identify the location of the ADG II taxilane object free area. The existing circular pavement north of the existing taxilane is also expanded to accommodate additional aircraft parking positions. 4.2.3.3 Reconstruct Transient Aircraft Parking Area This project consists of reconstructing the north section of the existing transient aircraft parking area pavement. This project was identified in the Florida Department of Transportation (FDOT) Statewide Airfield Pavement Management Program (June 2015). The apron had an average Pavement Condition Index (PCI) of 36 and a rating of “very poor” in the 2015 FDOT pavement study. This project can be completed in conjunction with the expansion of the parking area (Project #9) as determined by the needs of the Airpark and/or funding availability. 4.2.3.4 Construct New Conventional Hangar and Apron This project consists of constructing a new 10,000 Square Foot (SF) hangar adjacent to the existing Tampa Bay Aviation hangars. The project includes an expansion of the existing aircraft parking apron for access to the new hangar and additional aircraft parking. The purpose of this project is to accommodate existing demand. 4.2.3.5 Rehabilitate Existing Tampa Bay Aviation Hangar Apron This project is to rehabilitate (mill and overlay) the deteriorating apron pavement at the existing Tampa Bay Aviation hangars. This project was also identified in the FDOT Statewide Airfield Pavement Management Program (June 2015). A large portion of the apron had an average PCI of 54 and a rating of “poor” in the 2015 FDOT pavement study. Implementation of this project will occur when needed based on future pavement study results; however, this project can be completed in conjunction with Project #11 for construction/cost efficiencies. 4.2.3.6 Rehabilitate Existing Taxilanes (Row K and Transient access) This project is to rehabilitate (mill and overlay) the deteriorating taxilane pavement along the transient aircraft parking area and parallel to the Row K aircraft parking area. These taxilanes provide access to all aircraft parking areas and have a PCI of 52 and a rating of “poor” in the 2015 FDOT pavement study. 4.2.3.7 Construct New T-Hangar on Existing Row J Parking This project consists of installing a new T-Hangar on the existing Row J aircraft parking area which is currently a paved area used for tie-down aircraft parking. The purpose of this project is to accommodate existing demand for covered parking. This project includes the realignment of the perimeter fence to increase aircraft wingtip clearance and maximize operational safety. 4.2.3.8 Rehabilitate Row J and Row I Taxilanes This project consists of rehabilitating (mill and overlay) the deteriorating taxilane pavement accessing the Row J and Row I taxilanes. These taxilanes provide access to the Row J and Row I T-Hangars and had a PCI of 52 and a rating of “fair” in the 2015 FDOT pavement study. The FDOT study included the Row J hardstand parking area but this area will be rehabilitated under Project #14. City of Clearwater 4-4 Clearwater Airpark Layout Plan 4.2.3.9 Reconstruct Existing Bender Aviation Apron This project includes a complete reconstruction of the existing Bender Aviation Services hangar apron and access road. This project was identified in the 2015 FDOT study and indicated the apron had a PCI of 39 and a rating of “poor”. 4.2.3.10 Rehabilitate Existing T-Hangar Taxilanes This project consists of rehabilitating (mill and overlay) of the existing T-Hangars not included in Project #15. These taxilanes provide access to the T-Hangars and had a PCI between 65 and 71 and a rating of “fair” or “satisfactory” in the 2015 FDOT pavement study. 4.2.3.11 Reconfigure Aircraft Parking Area This project consists of constructing new pavement for the tie-down aircraft parking area between the terminal and Taxiway A. While part of the proposed pavement limits overlaps the existing pavement, the existing pavement was rated as “poor” in the 2015 FDOT study and will be removed as part of this project. New pavement will be added to what is currently a grass area containing eight (8) concrete pads (only 5 are usable). Additionally, the existing taxilane accessing these hardstands and the Bender Aviation Services apron will be rehabilitated as part of this project. 4.2.3.12 Construct New Conventional Hangar, Access Taxiway, and Apron This project consists of constructing a new 10,000 SF conventional hangar on the west side of the Airpark, along Keene Road, in what is currently undeveloped land. A new taxiway accessing the runway and Taxiway A is included in this project as is an aircraft parking apron adjacent to the hangar facility. The purpose of this project is to accommodate anticipated demand and therefore, the schedule for this project is dependent upon the actual demand for it. The proposed site for this project is currently a large retention pond that was constructed by FDOT for drainage purposes during the widening of Keene Road. This project will require environmental mitigation of the retention pond. 4.2.3.13 Construct New T-Hangar and Taxilanes This project consists of constructing a new 10-unit T-Hangar south of the existing T-Hangar structures along North Hercules Avenue. This project requires construction of new taxilanes to provide access to the individual hangars. The purpose of this project is to accommodate anticipated demand. A retention pond is currently within the site limits of the proposed T-Hangar and will require environmental mitigation. 4.2.4 Support Projects Support projects consist of Navigational Aids (NAVAIDS) and other facilities necessary to properly maintain the airport. The proposed development plan includes two (2) support facilities. 4.2.4.1 Install Rotating Beacon This project is to install a Rotating Beacon. The location of the beacon will be determined during the planning and design phase of this project. The purpose of this project is to adhere to FAA airport design standards and provide pilots visual reference of the Airpark’s location during night- time operations. 4.2.4.2 Construct Maintenance Shed This project is to install a new maintenance shed in the vicinity of the proposed terminal. The purpose of this project is to provide a covered space large enough to accommodate the Airpark’s new tractor and extra space for other maintenance equipment. City of Clearwater 4-5 Clearwater Airpark Layout Plan 4.2.4.3 Security Upgrades This project is to install access control gates near the terminal and replaces perimeter security fencing where age and condition is questionable. Wildlife fencing will be installed adjacent to the golf course. 4.2.4.4 Airfield Lighting Update The project includes replacement of all airfield lighting, cable and guidance signs. 4.3 Project Cost Estimates Conceptual cost estimates were prepared for all CIP projects in 2018 dollars. No escalation factors were applied to project costs. This methodology allows project costs to be escalated based on actual escalation factors from 2018 at the time they are initiated. The cost estimates are summarized for each development phase in the following section. The cost estimates include construction and program costs. Construction costs include all physical items, labor and a contingency. Program costs include fees associated with engineering design fees and construction phase engineering. The methodology utilized to develop the cost estimates include: • Total property acquisition costs are based on assessed market value per the Pinellas County Property Appraiser, legal proceedings, and other potential costs that include: ─ Contingency for 2018 Assessed Market Value: 15.0% ─ Survey: 5.0% of Total Acquisition Cost ─ Close-out and Other Costs: 7.0% of Total Acquisition Cost • Total Avigation Easement costs are based on the following: ─ Acquisition fee: $5,000 per parcel ─ Legal Proceedings: $3,000 ─ Contingency: 15% ─ Survey: 20.0% of Total Acquisition Cost ─ Close-out and Other Costs: 25.0% of Total Acquisition Cost • Total construction costs are based on direct material costs and additional fees associated with the following: ─ Electrical and Communications (as required): 10.0% ─ Sewer and Water (as required): 20.0% ─ Maintenance of Traffic (MOT): 10.0% ─ Mobilization: 15.0% ─ Environmental Controls: 25.0% ─ Contingencies: 15.0% • Program mark ups are as follows: ─ Engineering, Survey, and Geotech: 10.0% ─ Construction Phase Engineering, RPR, Testing: 7.0% City of Clearwater 4-6 Clearwater Airpark Layout Plan 4.4 Project Phasing In addition to project descriptions and cost estimates, the CIP also presents proposed project phasing. The scheduling of projects in the CIP was developed through consultation with the City of Clearwater Marine and Aviation Department. Phasing for CIP projects was categorized as: Short-Term (2020 through 2024), Intermediate-Term (2025 to 2029) and Long-Term (2030 to 2039). The ultimate timing of projects will be determined based on actual demand, funding availability, environmental approvals, and the priorities of tenants or the City of Clearwater. Figure 4.1 provides a Gantt chart that depicts the sequencing of projects. City of Clearwater 4-7 Clearwater Airpark Layout Plan ID Description Short-Term Intermediate-Term Long-Term 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 21 Install Rotating Beacon 9 Expand Transient Aircraft Parking Area 10 Reconstruct Transient Parking Area 6 Construct New Terminal 7 Expand Existing Vehicle Parking Lot 15 Rehabilitate Rows I & J Taxilanes 16 Reconstruct Bender Aviation Apron 23 Security Upgrades 22 Install New Maintenance Shed 12 Rehabilitate Existing TBA Hangar Apron 11 Construct New Hangar and Apron 13 Rehabilitate Row K & Transient Taxilanes 14 Construct New T-Hangar on Row J 18 Reconfigure Aircraft Parking Area 8 Replace Shade Hangars with T-Hangars 17 Rehabilitate Existing T-Hangar Taxilanes 24 Airfield Lighting Update 20 Construct New T-Hangar 19 Construct New Conventional Hangar 2 Construct Blast Pads 3 Property Acquisition (Runway 34) 4 Avigation Easements (Runway 34) 5 Avigation Easements (Runway 16) 1 Relocate Taxiway A6 TBA = Tampa Bay Aviation Source: RDM International, Inc. (2019); AECOM (2019) Figure 4.1 Preliminary Phasing Schedule for CIP Projects City of Clearwater 4-8 Clearwater Airpark Layout Plan 4.4.1 Short-Term Projects Project priorities in the short-term (2020 to 2024) include the following: • Constructing new facilities recommended to accommodate existing demand and/or mitigating existing operational inefficiencies • A focus on the rehabilitation and/or reconstruction of key airfield pavements identified in the 2015 FDOT pavement study Short-term projects are listed in Table 4.1 along with their project number and total estimated cost. Figure 4.2 shows the location of these projects on the Airport. Table 4.1 Short-Term Projects and Estimated Costs ID Description Component Estimated Cost ($)1 21 Install Rotating Beacon Support $88,492 9 Expand Transient Aircraft Parking Area2 GA $126,447 10 Reconstruct Transient Parking Area2 GA $250,993 6 Construct New Terminal Terminal $2,408,403 7 Expand Existing Vehicle Parking Lot Terminal $869,180 15 Rehabilitate Rows I & J Taxilanes2 GA $480,392 16 Reconstruct Bender Aviation Apron2 GA $329,961 23 Security Upgrades Support $159,798 Total Short-Term Estimated Costs $4,713,666 Source: AECOM (2018) 1 in 2018 dollars 2 cost provided in 2015 FDOT Statewide Airfield Pavement Management Program Figure 4.2 Short-Term Project Locations Source: RDM International, Inc. (2019) City of Clearwater 4-9 Clearwater Airpark Layout Plan 4.4.2 Intermediate-Term Projects Project priorities in the intermediate-term (2025 to 2029) include the following: • A focus on the rehabilitation of existing taxilane • Reconstruction of the hardstand parking area • The construction of an additional hangar Intermediate-term projects are listed in Table 4.2 along with their project number and total estimated cost. Figure 4.3 shows the location of these projects on the Airport. Table 4.2 Intermediate-Term Projects and Estimated Costs ID Description Component Estimated Cost ($)1 22 Install New Maintenance Shed Support $163,155 12 Rehabilitate Existing TBA Hangar Apron2 GA $290,940 11 Construct New Hangar and Apron GA $2,097,958 13 Rehabilitate Row K & Transient Taxilanes2 GA $431,159 14 Construct New T-Hangar on Row J GA $1,428,797 18 Reconfigure Aircraft Parking Area GA $770,174 Total Intermediate-Term Estimated Costs $5,182,183 Source: AECOM (2018) 1 in 2018 dollars 2 cost provided in 2015 FDOT Statewide Airfield Pavement Management Program Figure 4.3 Intermediate-Term Project Locations Source: RDM International, Inc. (2019) City of Clearwater 4-10 Clearwater Airpark Layout Plan 4.4.3 Long-Term Projects Project priorities in the long-term (2030 to 2039) include the following:  Gaining control of properties within RPZs through property acquisitions/easements  Constructing blast pads at each runway end  Mitigating non-standard taxiway configurations  The construction of an additional T-Hangar and conventional hangar to accommodate demand  Replacement of existing Shade Hangars  Airfield lighting upgrades Long-term projects are listed in Table 4.3 along with their project number and total estimated cost. Figure 4.4 shows the location of these projects on the Airport. Table 4.3 Long-Term Projects and Estimated Costs ID Description Component Estimated Cost ($)1 8 Replace Shade Hangars with T-Hangars GA $4,684,557 17 Rehabilitate Existing T-Hangar Taxilanes GA $965,468 24 Airfield Lighting Update Support $371,196 20 Construct New T-Hangar GA $2,200,662 19 Construct New Conventional Hangar GA $2,325,858 2 Construct Blast Pads Airfield $409,462 3 Property Acquisition (Runway 34) Airfield $106,904 4 Avigation Easements (Runway 34) Airfield $205,103 5 Avigation Easements (Runway 16) Airfield $105,053 1 Relocate Taxiway A6 Airfield $382,299 Total Long-Term Estimated Costs $11,756,562 Source: AECOM (2018) 1 in 2018 dollars Figure 4.4 Long-Term Project Locations Source: RDM International, Inc. (2019) City of Clearwater 5-1 Clearwater Airpark Layout Plan Section 5.0 CAPITAL IMPROVEMENT PHASING PLAN 5.1 Introduction The final chapter of a master plan is intended to provide guidance on what will be required to demonstrate the airport sponsor’s ability to fund the projects in the master plan. A more general discussion of the funding of medium and long-term projects is more reasonable because of the uncertainty of future Local and State funding and possible shifts in the overall importance of those projects in reaction to aviation demand at the airport and changes in the economic climate in a community. The City’s ability to fund the recommended projects is a major consideration in preparing the Capital Improvement Plan (CIP). The recommended development plan for the Airport is based on the identification of facility requirements as presented in Working Paper #4. This section of the Airport Master Plan will address the financial implications of implementing the improvements proposed to construct the preferred development alternative. In addition, the potential funding sources; cost of constructing the improvements based upon the Capital Improvement Plan (C.I.P.) required to construct the improvements. The proposed funding plan contained in this section assumes the City will continue not using the FAA’s Airport Improvement Program (AIP), moderate annual funding received from the FDOT, and the growth of the airport’s aviation activity, as depicted in the approved forecasts. The intrinsic value that a well-maintained airport brings to a community or region goes far beyond the day-to-day operational costs. In other words, the money spent and benefits received in the community or region by individuals and businesses that use the airport equals or exceeds the expenses, which are a result of operations at the airport. While some of the costs required to implement and construct the improvements in the CIP can be estimated closely based upon recent construction projects undertaken in the recent past, and revenue projection will be based upon likely funding sources and amounts, it must be understood that these are estimates. Therefore, there is inherent uncertainty in the development of this financial plan due to the basis of the assumptions on estimates. Even with this uncertainty, it is prudent to develop this comprehensive plan to provide an understanding of the variables, and provide a basis upon which adjustments can be made. Throughout the construction and development of the airport, a continual assessment of the financial position of the project must be completed and adjustments made as warranted. 5.2 Airport Development Plan Future airport development at Airport, as included in this Airport Master Plan Update, covers a 20- year planning period. Development items are grouped into three phases: • Short-term (1-5 years) • Intermediate-term (6-10 years) • Long-term (11-20 years) City of Clearwater 5-2 Clearwater Airpark Layout Plan The refined development costs contained in this section are based on the proposed improvements as shown on the Airport Layout Plan, and are included for each item in the financial development plan. The phasing of projects assists the airport sponsor in budgetary planning for future construction projects. Table 5.1 outlines the 20-year financial development plan. The sequence in which the projects are completed is important, as the ultimate configuration of the Airport will require numerous projects. Table 5.1 Financial Development Plan Over 20 Years Phase I Project ID Short-Term Development Total FAA Share State Share Local Share 21 Install Rotating Beacon $88,492 $0 $70,794 $17,698 9 Expand Transient Aircraft Parking Area $126,447 $0 $101,158 $25,289 10 Reconstruct Transient Parking Area $250,993 $0 $200,795 $50,199 6 Construct New Terminal $2,408,403 $0 $1,204,202 $1,204,202 7 Expand Existing Vehicle Parking Lot $869,180 $0 $434,590 $434,590 15 Rehabilitate Rows I & J Taxilanes $480,392 $0 $384,314 $96,078 23 Security Upgrades $159,798 $0 $127,838 $31,960 Total Short-Term Development Cost $4,383,705 $0 $2,523,691 $1,860,016 Phase II Project ID Intermediate-Term Development Total FAA Share State Share Local Share 16 Reconstruct Bender Aviation Apron $329,961 $0 $263,969 $65,992 22 Install New Maintenance Shed $163,155 $0 $130,524 $32,631 12 Rehabilitate Existing TBA Hangar Apron $290,940 $0 $232,752 $58,188 11 Construct New Hangar and Apron $2,097,958 $0 $1,678,366 $419,592 13 Rehabilitate Row K & Transient Taxilanes $431,159 $0 $344,927 $86,232 14 Construct New T-Hangar on Row J $1,428,797 $0 $1,143,038 $285,759 18 Reconfigure Aircraft Parking Area $770,174 $0 $616,139 $154,035 Total Intermediate-term Development Cost $5,512,144 $0 $4,409,715 $1,102,429 Phase III Project ID Long-Term Development Total FAA Share State Share Local Share 8 Replace Shade Hangars with T-Hangars $4,684,557 $0 $3,747,646 $936,911 17 Rehabilitate Existing T-Hangar Taxilanes $965,468 $0 $772,374 $193,094 24 Airfield Lighting Update $371,196 $0 $296,957 $74,239 20 Construct New T-Hangar $2,200,662 $0 $1,760,530 $440,132 19 Construct New Conventional Hangar $2,325,858 $0 1,860,686 $465,172 2 Construct Blast Pads $409,462 $0 $327,570 $81,892 3 Property Acquisition (Runway 34) $106,904 $0 $85,523 $21,381 4 Avigation Easements (Runway 34) $205,103 $0 $164,082 $41,021 5 Avigation Easements (Runway 16) $105,053 $0 $84,042 $21,011 1 Relocate Taxiway A6 $382,299 $0 $305,839 $76,460 Total Long-Term Development Cost $11,756,562 $0 $9,405,249 $2,351,313 TOTAL DEVELOPMENT COST $21,652,411 $0 $16,338,655 $5,313,758 NOTE: All costs are calculated in 2018 dollars. Assumes 80 percent funding by FDOT on all projects excluding terminal area which is 50 percent FDOT funding. City of Clearwater 5-3 Clearwater Airpark Layout Plan 5.3 Funding Sources Probable costs (engineer’s opinion costs) for the development plan identified in Working Paper #4, Facilities Implementation Plan, provides the basis for cost of individual projects. Funding comes from the State (FDOT) contributions. This section will identify and quantify the expected sources of capital funds. As previously indicated, FDOT funds represent the majority of expected capital; however, a number of sources are identified and indicated below. 5.3.1 State Funding Program The FDOT provides most of the funding for capital improvement projects at the Airport. Airport Revenue Diversion Pursuant to the Airport Revenue Protection Act of 1996, by accepting federal or state financial grants or property transfers, the airport agrees to abide by certain binding contractual obligations (i.e., signing a contract with a federal or state government where the government provides the funding and the recipient agrees to follow certain rules). One of those rules specifies that all airport-generated revenues should be spent at the airport. According FDOT Airport Project Funding for: • General Aviation: “Pursuant to Section 332.003 – 332.007, FS, FDOT may provide up to 80 percent of the local share of general aviation airport project costs,” • Economic Development: Pursuant to Section 332.003 – 332.007, FS, FDOT may provide up to 50 percent of the costs to build on-airport revenue-producing capital improvements. One example of an economic development project is industrial park facilities at a general aviation airport. • Strategic Airport Investment: Projects Pursuant to Section 332.007, FS, FDOT may provide up to 100 percent funding for commercial and general aviation airport projects that meet the following criteria: – Provide important access and on-airport capacity improvements, – Provide capital improvements to strategically position the state to maximize opportunities in international trade, logistics, and the aviation industry, – Achieve state goals of an integrated intermodal transportation system, and – Demonstrate the feasibility and availability of matching funds through federal, local, or private partners. • Statewide Project Funding: Pursuant to Section 332.007(1), FS, FDOT is authorized to receive federal grants for these statewide projects when no local sponsor is available. Pursuant to Section 332,007(6) (d), FS, FDOT may provide up to 100 percent of project cost if that project is statewide in scope or involves more than one county where no other governmental entity or appropriate jurisdiction exists. • Other Airport Project Funding Resources: In addition to the FDOT Aviation Grant Program, airports in the state have other project funding resources. These may or may not be applicable to Clearwater Airpark. – Rural Economic Development Initiative: Pursuant to Section 288.0656 (2), FS, a county or community seeking funding through the Rural Economic Development Initiative must meet two qualifications. First, the county or community must meet the statutory definition of “rural” noted in Section 288.0656 (2) (e), FS, to be eligible for a waiver or reduction of City of Clearwater 5-4 Clearwater Airpark Layout Plan match requirements. Second, the eligible county or community must also have three or more of the “economic distress” conditions identified in Section 288.0656 (2) (c), FS. – State Infrastructure Bank: Pursuant to Section 339.55, FS, the State Infrastructure Bank (SIB) is a revolving loan and credit enhancement program consisting of two separate accounts and is used to leverage funds to improve project feasibility. The SIB can provide loans and other assistance to public or private entities carrying out or proposing to carry out projects eligible for assistance under federal and state law. The SIB cannot provide assistance in the form of a grant. – Strategic Intermodal System: Pursuant to Section 339.61, FS, the Strategic Intermodal System (SIS) marks a fundamental shift in the way Florida views the development of and investment in its transportation system. The SIS is composed of transportation facilities and services of statewide and interregional significance. It represents an effort to link Florida’s transportation policies and investments to the state’s economic development strategy, in keeping with the Governor’s strategic imperative of diversifying Florida’s economy. – Transportation Regional Incentive Program: Pursuant to Section 339.2819, FS, the Transportation Regional Incentive Program (TRIP) was created to provide an incentive for regional planning, to leverage investments in regionally significant transportation facilities (roads and public transportation) created pursuant to Section 339.155, FS, and link investments to growth management objectives. TRIP was created with the intent of funding projects that will generate additional capacity through growth in the transportation program. All proposed projects will be evaluated in light of this policy. Each year, the FDOT ACIP program allocates millions of dollars to match federal grants. As airport sponsors receive a federal grant, they apply to the state for the matching funds. Additionally, some direct or “state only” grants (when the FAA is not participating in the funding) may be available to a sponsor for eligible projects. Historically, FDOT has funded approximately 90 percent of eligible projects, leaving the remaining 10 percent to be funded by the sponsor. Eligible Applicants - The state, city, town, county, district, authority or other political subdivisions of the state, which owns and operates an airport(s), open to the public on a non-discriminatory basis, is eligible for assistance under the Loan Program. Eligible airports must be identified in the FDOT State Airports System Plan dated February 2012 (or most current version). Eligible Projects - Typical eligible projects included airport related construction projects for runways, taxiways, aircraft parking ramps, aircraft storage facilities (hangars), fueling facilities, general aviation terminal buildings or pilot lounges, utility services (power, water, sewer, etc.) to the airport runway or taxiway lighting, approach aids (electronic or visual), ramp lighting, airport fencing, airport drainage, land acquisition, planning studies, and under certain conditions, the preparation of plans and specifications for airport construction projects. In addition, projects not eligible for funding under other programs and those designed to improve the airport self- sufficiency, may also be considered. 5.3.2 Local Funding Airport Rates and Charges - FAA Order 5190.6B, FAA Airport Compliance Manual, provides comprehensive guidance on the legal requirement that airport fees be fair, reasonable, and not unjustly discriminatory. The objective of the policy is to provide guidance to airports in establishing rates and charges that will help the airport work towards financial sustainability. Several revenue generating activities that the City is already doing at the Airport will continue to enhance revenues at the airport, these include: City of Clearwater 5-5 Clearwater Airpark Layout Plan • Aircraft hangar/T-hangar/shade rentals • Aircraft tie-down rental • Fuel sale mark-up The City should continue to monitor the current rates and charges to ensure they are remaining competitive with other airports in the region and state. Other more conventional methods of securing funding and financing alternatives the City could consider include: Bank Financing - Some airport sponsors use bank financing as a means of funding airport development. Generally, two conditions are required; first, the sponsor must show the ability to repay the loan plus interest, and second, capital improvements must be less than the value of the present facility or some other collateral used to secure the loan. These are standard conditions which are applied to almost all bank loan transactions. General Obligation Bonds - General Obligation bonds (GO) are a common form of municipal bonds whose payment is secured by the full faith credit and taxing authority of the issuing agency. GO bonds are instruments of credit and because of the community guarantee, reduce the available debt level of the sponsoring community. This type of bond uses tax revenues to retire debt and the key element becomes the approval of the voters to a tax levy to support airport development. If approved, GO bonds are typically issued at a lower interest rate than other types of bonds. Force Accounts, In-kind Service, and Donations - Depending on the capabilities of the Sponsor, the use of force accounts, in-kind service, or donations may be approved by the FAA for the Sponsor to provide their share of the eligible project costs. An example of force accounts would be the use of heavy machinery and operators for earthmoving and site preparation of runways or taxiways, the installation of fencing, or the construction of improvements to access roads. In-kind service may include surveying, engineering, or other services. Donations may include land or materials such as gravel or water needed for the project. The values of these items must be verified and approved by the FAA prior to initiation of the project. Third-Party Support - Several types of funding fall into this category. For example, individuals or interested organizations may contribute portions of the required development funds (pilot associations, economic development associations, Chambers of Commerce, etc.). Although not a common means of airport financing, the role of private financial contributions not only increases the financial support of the project, but also stimulates moral support to airport development from local communities. For example, private developers may be persuaded to invest in hangar development. A suggestion would be for the City to authorize long-term leases to individuals interested in constructing a hangar on airport property. This arrangement generates revenue from the airport, stimulates airport activity, and minimizes the sponsor’s capital investment requirements. Another method of third-party support involves permitting the fixed base operator (FBO) to construct and monitor facilities on property leased from the airport. Terms of the lease generally include a fixed amount plus a percentage of revenues and a fuel flowage fee. The advantage to this arrangement is that it lowers the sponsor’s development costs, a large portion of which is building construction and maintenance. The airport funds some or all of the cost of capital projects by generating revenue from tenants, users and other sources. These airport funds can come from annual surplus, reserves, or borrowing. While capital projects are usually funded from variety of sources, in the end, airport contributed funds have a role in almost all projects, particularly as seed money to initiate projects and to provide the match of FAA funds. City of Clearwater 5-6 Clearwater Airpark Layout Plan 5.4 Pavement Maintenance Plan Periodic maintenance is necessary to prolong the useful life of the airport pavements. The effects of weather, oxidation, and usage cause the pavement to deteriorate. The accumulation of moisture in the pavement causes heaving and cracking, and is one of the greatest causes of pavement distress. The sun’s ultraviolet rays oxidize and break down the asphalt binder in the pavement mix, which in turn accelerates raveling and erosion and can reduce asphalt thickness. The appropriate pavement maintenance will minimize the effects of weather damage and oxidation. Crack sealing is performed to keep moisture from accumulating inside and underneath the pavement and should be done at least every five years prior to fog sealing or overlaying the pavements. Fog seals, slurry seals, and coal tar emulsion (fuel resistant) seals are spread over the entire paved area to replenish the binder lost through aggregate to increase the friction coefficient of the pavement. Asphalt overlays are performed near the end of the useful life of the pavement. A layer of new asphalt is placed over the existing pavement to renew the life of the pavement and to recover lost strength due to deterioration. Unless specially designed, the overlay is not intended to increase the weight bearing capacity of the pavement. Overlays may be supplemented with a porous friction course of grooving to increase friction and minimize hydroplaning. Remarking of the pavement is required following a fog seal or overlay. The recommended pavement maintenance cycle time frames are listed below in Table 5.2. It should be noted that the time frames are recommendations only. Actual pavement deterioration will be affected by use of the Airport and weather exposure. Maintenance actions should be scheduled as necessary through close monitoring and inspection of the pavements. Table 5.2 Pavement Maintenance Schedule Pavement Maintenance Cycle Approximate Time Frames Crack Seal Pavement 1 - 2 years Crack Seal, Seal Coat, and Remark Pavements 3 - 8 years Overlay Pavements 15 - 18 years Seal Concrete Joints 6 - 8 years Source: FDOT, 2015 5.5 Financial Plan Recommendations The ultimate goal of any airport should be the capability to support its own operation and development through airport generated revenues. Unfortunately, few airports similar in size to the Clearwater Airpark are able to do this. For example, it is difficult to financially break even when the fees received from hangar rentals and fuel sales will not adequately amortize the cost of construction projects. The City of Clearwater should consider implementing additional airport sources of revenue. 5.5.1 Airport Revenue Opportunities Airport revenues are generally produced from the use of land leases, user fees, and property taxes generated from on-airport improvements. Examples of airport revenue generators include: Land Leases - Property on the airport that is not devoted to airfield use, vehicle parking, or contained within areas required to be cleared of structures may be leased to individual airport users or aviation related businesses. Typically, the individual is provided a long-term lease on which to construct a hangar, business, or other facility. At the termination of the lease, the lessee has the option to renew the lease, sell or lease the buildings, or to remove the buildings. City of Clearwater 5-7 Clearwater Airpark Layout Plan Hangar Leases - Hangars on the airport owned by the airport sponsor can be leased to private aircraft operators or businesses. Typically, as with land leases, the individual or business is provided a long-term lease of the hangar. At the termination of the lease, the lessee has the option to renew the lease or cease use of the hangar. Tie-Down Fees - A fee is typically established for the use of fixed ramp tie-downs on paved apron areas. The fees are usually established on a monthly or annual basis for based aircraft and on an overnight basis for transient aircraft. Airport Usage Fee - This fee is typically imposed on charter aircraft and can be waived if the operator purchases a minimum amount of fuel. Commercial Activity Fee - This fee is typically imposed on commercial activities operating “for profit” at the airport. Typical commercial activities may include fixed base operators, testing and training, maintenance services, and retail or other goods and services which may be provided at the airport. Non-Aeronautical Revenue Generating - This fee is imposed on leases of land/buildings that are allocated as airport property but do not have access and/or use for aeronautical activities (i.e. non- aeronautical use). The fee for these areas must be setup at fair market value and all revenue generated from these leases must remain within the airport fund. In accordance with Florida State Grant Assurances, all revenues generated by the airport must be expended by the airport for the capital or operating costs of the airport. 5.6 Airport Development Recommendations Based on the findings of the planning process, the following recommendations are provided for the City to consider for development the airport to meet the needs of the community: • The City has the unique challenge of many airports of not having considerable excess land that can be used for aviation related purposes. Over the long-term, the City should continue looking for non-aeronautical development opportunities on the land that has been designated for such activities on the ALP. • Locations for additional corporate hangars and T-hangars have been identified in ALP drawing set. The investment in additional hangars will make the airport more competitive with other airports in the region and will provide the airport will additional revenue. • Continued monitoring of the airport’s financial status is necessary in order to adapt and adjust to changing conditions. 5.7 Continuous Planning Process Airport planning is a continuous process that does not end with the completion of a major capital project. The fundamental issues upon which these airport master plans are based are expected to remain valid for several years; however, several variables such as annual aircraft operations and socioeconomic conditions, are likely to change over time. The continuous planning process necessitates that the Airport consistently monitor the progress of the airport in terms of growth in based aircraft and annual operations, as this growth is critical to the exact timing and need for new airport facilities as recommended within the Airport Master Plan. The information obtained from this monitoring process will provide the data necessary to determine if the development schedule should be accelerated, decelerated, or maintained as scheduled. City of Clearwater 5-8 Clearwater Airpark Layout Plan Periodic updates of the Airport Layout Plan, Capital Improvement Plan, and Airport Master Plan are recommended to document physical changes to the Airport, review changes in aviation activity and to update improvement plans for the Airport. The primary goal of the airport master planning effort is to develop a safe and efficient airport that will meet the demands of its aviation users and stimulate economic development for airport. The continuous airport planning process is a valuable tool in achieving the strategic plans and goals for the Airport. 5.8 Conclusion This Section has laid out the recommended capital improvement projects and their financial implications for improving the Airport over the 20-year planning period. A total of 24 CIP projects have been identified (Table 5.1), which are all programmed within the 20-year planning period. This Airport Master Plan has documented the existing and anticipated aviation demand based on existing conditions, as well as provided a practical and implementable development plan based on input and guidance from the City of Clearwater and FDOT. This financial analysis is based on the continuation of FDOT funding at the current levels, which average at $600,000/year. However, there is competition for FDOT funds, so the Airport will need to aggressively communicate its CIP needs to the FDOT and other relevant agencies as opportunities arise. Based on the assumptions and the financial analysis presented herein, the development plan presented on the ALP along with the Capital Improvement Plan (CIP) is considered feasible, and the airport should be able to construct the necessary aviation facilities, as recommended herein. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1305 Agenda Date: 1/12/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Appoint an individual to the Airpark Advisory Board to fill the remainder of an unexpired term through April 30, 2025. SUMMARY: BOARD: Airpark Advisory Board TERM: 4 Years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 5 + 1 Ex Officio member CHAIRPERSON: Kelli O’Donnell MEETING DATES: Quarterly (1st Wed.) - Feb., May, Aug., Nov. PLACE: Chambers - 3 p.m. APPOINTMENTS NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES AN APPOINTMENT FOR AN UNEXPIRED TERM: 1. Ray McNeil - 1640 Greenlea Dr., 33755 Original Appointment: 5/6/21 (was serving 1st term through 4/30/25) Resignation Date: 8/3/22 THE NAMES BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1.Travis Norton - 310 Kerry Dr., 33765 - Community Engagement/Advocacy Manager, Pinellas Realtor Organization 2.Dennis Roper - 2745 Enterprise Rd. East, 33759 - Aircraft Inspector 3.Greg Art - 2973 Hillcreek Circle South, 33759 - Retired Airline Pilot Zip codes of current members on board: 1 at 33755 1 at 33761 1 at 33763 1 at 33764 (Ex-Officio) 1 at 33765 Page 1 City of Clearwater Printed on 1/10/2023 File Number: ID#22-1305 Page 2 City of Clearwater Printed on 1/10/2023 Holzwarth, Courtney From: artflyrace911 @aol.com Sent: To: Wednesday, December 28, 2022 4:38 PM Holzwarth, Courtney Subject: Greg Art resume Clearwater Airpark Board Member Vacancy CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you recognize the sender and know the content is safe. -----Original Message----- From: artflyrace911@aol.com To: artflyrace911@aol.com Sent: Wed, Dec 28, 2022 4:32 pm Subject: Fwd : Resume --Original Message--- From: artflyrace911@aol.com To: artflyrace911@aol.com Sent: Wed, Dec 28, 2022 4:30 pm Subject: Resume Resume of: Gregory Art artflyrace911@aol.com 406-550-1345 2973 Hillcreek Circle South Clearwater, Florida 33759 Objective: Seeking Clearwater Airpark Advisory Board Member Position with the City of Clearwater. Work Experience: Delta Air Lines Atlanta, Georgia Airline Pilot Captain Boeing 757/ 767 1986 -2021 Retired age 65 Pilot in Command with worldwide experience. Conoco Inc. Ponca City, Oklahoma Corporate Pilot Captain Gulfstream 159 1977-1986 Pilot in Command transporting company executives on business trips worldwide. 1 City of Clearwater Clearwater, Florida Parks and Recreation Leader 1975-1977 Worked during High School and College Organized and supervised activities at City of Clearwater recreational facilities Volunteer Experience: Education: City of Ponca City, Oklahoma Airport Advisory Board Member 1979-1981 Compassionate Friends/ Bereaved Parents Tampa Bay Chapter Steering Committee 1990-1995 Countryside High School Varsity and JV Football Chain Gang Officiating Crew 2022-present University of Pittsburgh 1981-1983 General Studies St Petersburg College 1975-1977 Aviation Technology -Professional Pilot Clearwater High School 1972-1975 Aeronautics I and II High School Football Skills: Licensed Pilot for over 50 Years. Learned to fly at Clearwater Airpark in the early 70s. Over 23,400 flight hours logged. Enjoy people, experienced leader and team player. Life long resident of Clearwater. Extensive experience in General Aviation. Corporate Aviation and Airline Flight Operations. Former Federal Flight Deck Officer FFDO. Retired Deputized Federal Law Enforcement Officer. Personal: Married to Katy Art 44 years. Three children, Abby, Ashley and Andrew. Two grandchildren. Jack and Payton, all living in the City of Clearwater. Professional Reference: Mr. Hoyt Hamilton Former City of Clearwater Commissioner 2 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1412 Agenda Date: 1/12/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: City Clerk Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Appoint an individual to the Municipal Code Enforcement Board to fill a term through January 12, 2026. SUMMARY: Board: Municipal Code Enforcement Board Term: 3 years Financial DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: Members must be registered voters. Members shall be qualified and experienced in the fields of architecture, business, engineering, construction, or real estate (when possible). MEMBERS: 7 CHAIR: Nicole Bray MEETING DATES: 4th Wednesday of each month at 1:30 p.m. APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER’S TERM HAS EXPIRED AND NOW REQUIRES A NEW APPOINTEMENT: 1. Sarah Davis -1922 Atlantis Drive, Clearwater 33763 - Self Employed/Signature Graphics and Printing LLC Original Appointment: 10/7/21, appointed to fill an unexpired term through 10/31/22 THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Sarah Davis -1922 Atlantis Drive, Clearwater 33763 - Self Employed/Signature Graphics and Printing LLC Original Appointment: 10/7/21, appointed to fill an unexpired term through 10/31/22 Absences: Dec 15, 2021; July 27, 2022; October 26, 2022 Interest in Reappointment: Yes 2. Robert Kenne - 1469 Jacaranda Circle South, Clearwater 33755 - President/Owner of Bob Kenne Services, Inc. 3. Duane Schultz - Personal Information redacted per FS 119.071(4)(d) - Retired Program Page 1 City of Clearwater Printed on 1/10/2023 File Number: ID#22-1412 Manager Note - previously served on MCEB 11/4/2010 through 10/31/2016 Zip Codes of current members on board: 1 at 33755 1 at 33756 1 at 33761 1 at 33763 2 at 33767 Page 2 City of Clearwater Printed on 1/10/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 23-03 Agenda Date: 1/12/2023 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: City Attorney Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Delegate the powers to negotiate municipal code enforcement liens to the Municipal Code Enforcement Board and adopt Resolution 23-03. SUMMARY: The City of Clearwater has established the code enforcement board, which possesses the authority to impose administrative fines and other noncriminal penalties for civil code infractions, in compliance with statute 162.09. This resolution allows any lien filed as a result of fines and fees imposed by the Municipal Code Enforcement Board to be reduced or released at the discretion of the Municipal Code Enforcement Board. Currently, any lien reduction or forgiveness must be approved by the City Council. This resolution will allow the property owner to make a request of the Board at a public hearing and the Board will hold a vote regarding the lien reduction, with a simple majority required to either approve or deny the request. Florida Statute 166.041 allows municipalities to pass resolutions as expressions of administration. Staff recommends adoption of this resolution to establish a procedure for property owners to request a reduction or forgiveness of liens from the same Board that imposed them. This resolution shall not affect or limit the power of the City Council to file or direct the City Attorney’s Office to file a formal lien foreclosure lawsuit, nor will it affect or limit the power of the City Council to settle or compromise such a lawsuit after the City files suit. Page 1 City of Clearwater Printed on 1/10/2023 Resolution No. RESOLUTION NO. 23-03 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DELEGATING THE POWERS TO NEGOTIATE MUNICIPAL CODE ENFORCEMENT LIENS GIVEN BY FLORIDA STATUTE 162.09(3) TO THE MUNICIPAL CODE ENFORCEMENT BOARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida Statute 162.09 authorizes a county or municipality, at its option, to create local code enforcement boards. The City of Clearwater has established the code enforcement board in compliance with the statute which possesses the authority to impose administrative fines and other noncriminal penalties; and WHEREAS, the Office of the Attorney General has opined in AG Opinion 2002-62 that any lien resulting from a fine imposed by the Municipal Code Enforcement Board pursuant to section 162.09, Florida Statutes, is granted in favor of the local governing body, and it is therefore the governing body that has the power to release or compromise that lien; and WHEREAS, property owners and prospective buyers often seek to settle or compromise recorded liens; and WHEREAS, the Municipal Code Enforcement Board is both the entity that imposed the fine and the entity best positioned to consider the merits of the property owner or buyer’s proposal; and WHEREAS, Florida Statute 166.041 allows municipalities to pass resolutions as expressions of administration; and WHEREAS, the City Council desires to delegates its power to compromise, satisfy or release municipal code enforcement liens filed on behalf on the City of Clearwater to the Municipal Code Enforcement Board; and WHEREAS, this resolution shall not affect or limit the power of the City Council to file or direct the City Attorney’s Office to file a formal lien foreclosure lawsuit, nor will it affect or limit the power of the City Council to settle or compromise such a lawsuit after the City files suit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Any lien filed as a result of fines and fees imposed by the Municipal Code Enforcement Board may be reduced or release at the discretion of the Municipal Code Enforcement Board as the result of a request by the property owner, public hearing by the Board and vote of majority. 2 Section 2. This delegation of authority to the Municipal Code Enforcement Board shall expire or not apply to any lien in which the City Council has authorized or does authorize the City Attorney’s Office to file a lien foreclosure lawsuit on behalf of the City. Section 3. This resolution shall take effect immediately after adoption and shall remain in effect until the Council of the City of Clearwater terminates the delegation of power. PASSED AND ADOPTED this __________ day of ____________________, 2023. Attest: ____________________________ _______________________________ Rosemarie Call Frank V. Hibbard City Clerk Mayor Approved as to form: ____________________________ Melissa Isabel Senior Assistant City Attorney Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-1379 Agenda Date: 1/12/2023 Status: Attorney ReportVersion: 1 File Type: Action ItemIn Control: City Attorney Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Discuss plat and subdivision relating to school construction at 2465 Nursery Road. SUMMARY: Page 1 City of Clearwater Printed on 1/10/2023