The meeting was opened in prayer by Pastor Alan B. Stockton, New Image Tabernacle.

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1 The City Council of the City of Fort Myers, Florida, met in regular session at Oscar M. Corbin, Jr. City Hall, 2200 Second Street, its regular meeting place in the City of Fort Myers, Florida, on Monday,, at 4:36 o clock p.m. Present were Mayor Randall P. Henderson, Jr., presiding, Council Members Teresa Watkins Brown, Johnny W. Streets, Jr., Terolyn P. Watson, Michael Flanders, Forrest Banks, and Gaile H. Anthony. Also present were Saeed Kazemi, Interim City Manager; Marie Adams, MMC, City Clerk; and Grant W. Alley, City Attorney. Absent: None. The meeting was opened in prayer by Pastor Alan B. Stockton, New Image Tabernacle. Mayor Henderson led the Pledge of Allegiance to the Flag of the United States of America. ANNOUNCEMENT: Mayor Henderson stated that the next regular City Council meeting will be held on Monday, January 4, A motion was not made. A. PROCLAMATION PROCLAIMING DECEMBER 18, 2015, AS DELTA SIGMA THETA SORORITY INCORPORATED FORT MYERS ALUMNAE CHAPTER DAY Mayor Henderson read and presented a proclamation proclaiming December 18, 2015, as Delta Sigma Theta Sorority Incorporated Fort Myers Alumnae Chapter Day, to Vivian L. Watkins, President, Fort Myers Alumnae Chapter of Delta Sigma Theta Sorority Incorporated. A motion was not made. NO. 1 ANNUAL REPORT ON ACTIVITIES AT THE LANGFORD-KINGSTON HOME, 2500 FIRST STREET, FROM THE EDISON PAGEANT OF LIGHT, INC., LESSEE, TO COMPLY WITH THE MUNICIPAL LEASE AGREEMENT Removed from the Agenda by Robert Gardner, Director, Community Development Department, on December 3, NO. 2 ANNUAL REPORT ON ACTIVITIES AT THE BLACK HISTORY SOCIETY MUSEUM, 3265 DR. MARTIN LUTHER KING, JR. BOULEVARD, FROM THE LEE COUNTY BLACK HISTORY SOCIETY TO COMPLY WITH THE AGREEMENT Removed from the Agenda by Robert Gardner, Director, Community Development Department, on December 3, NO. 3 ANNUAL REPORT ON ACTIVITIES AT THE BURROUGHS HOME, 2050 FIRST STREET, FROM THE UNCOMMON FRIENDS FOUNDATION, LESSEE, TO COMPLY WITH THE MUNICIPAL LEASE AGREEMENT Removed from the Agenda by Robert Gardner, Director, Community Development Department, on December 3, PUBLIC INPUT NON-PUBLIC HEARING AGENDA ITEMS: NO. 24 ORDINANCE AMENDING THE VUE PLANNED UNIT DEVELOPMENT, LOCATED AT 2002 AND 2006 WEST FIRST STREET AND STRAP NO P , NORTH OF WEST FIRST STREET, SOUTH OF THE CALOOSAHATCHEE RIVER, AND WEST OF CENTENNIAL PARK, AND 1500 AND 1510 CARSON STREET BY REMOVING 3 PARCELS LOCATED AT 2006 WEST FIRST STREET AND 1500 AND 1510 CARSON STREET, AMENDING THE TERMS AND CONDITIONS TO REFLECT THE CHANGE IN LAND AREA, EXTENDING THE TIMEFRAMES FOR DEVELOPMENT BY 10 YEARS; AND RESCINDING ORDINANCE NO AS REQUESTED BY JENNA PERSONS, ESQ., STRAYHORN AND PERSONS, AGENT FOR SMI VUE, LLC, OWNER Gene Gibson, Vice President, Caloosahatchee River Citizens Association, also known as, River Watch, stated that the City wanted to close the boat ramp north of Edwards Drive across from Harborside Event Center, 1375 Monroe Street, for some time and River 1

2 Watch thought that public access and use of the Caloosahatchee River was critical. Mr. Gibson stated that the City was considering establishing a boat ramp in North Fort Myers it could take 18 months or more to obtain permits. Mr. Gibson stated that the City should consider the property of The Vue, 2002 and 2006 West First Street, for interim uses as a boat ramp. Mr. Gibson stated that there was a dilapidated boat ramp with a sound dock and deep water on The Vue property. Mr. Gibson stated that the conditions needed in The Vue Development Agreement and Planned Unit Development ordinance were as follows: Conditions Required for The Vue Development Agreement and Planned Unit Development Ordinance I. Have conditions been met for bonus density? A. Hurricane Evacuation DCD/PB Applicant Riverwatch DFMNA RGMC Riverwatch, DFMNA, RGMC comments. (50 additional du/ac for max of 100 du/ac. per DCD all criteria weighted equally 5.56 du/ac = 11.2% in Urban Core.) Yes Yes Yes All stakeholders concur. B. Para-Transit Yes Yes All stakeholders concur. C. Public Open Space (Sunset and Urban Plazas) D. Work Force Housing Yes Yes Need easement in perpetuity that cannot be revoked. Open dawn to 1 hour after sunset. Recommend interim use of this space before building construction begins. No Ignored No Applicant does not want to make contribution. DCD/PB recommend and we concur. 2

3 E. Public Pedestrian- Friendly Connection (Riverwalk) Riverwatch DFMNA RGMC Riverwatch, DFMNA, RGMC comments. DCD/PB Applicant No Ignored No Applicant does not want to provide. DCD/PB recommend and we concur. Need easement in perpetuity, no revocation. Open dawn to 1 hour after sunset. Recommend interim use with Riverwalk provided before building construction begins. F. Mixed Use Unclear Yes No Problem as proposed. Recommend oversized service vehicles on 1 st floor with mixed use on 2 nd floor. Unclear sq. ft. requested by PB for mixed use. G. Public Parking Yes Yes No Developer needs to contribute to City parking fund and not receive bonus density for public parking spaces in Vue garage. 3

4 H. Exceptional Architectural/Site Design I. Water Dependent Uses II. Have existing conditions been met? Riverwatch DFMNA RGMC Riverwatch, DFMNA, RGMC comments. DCD/PB Applicant Yes Yes No Need independent review and more detail on 1 st and 2 nd floor design. Site design/landsc aping inadequate. Need tall palms for transition and to help mask garage. Unclear Yes No Need clarification as to whether docks for private or public use. If private, public benefit density not warranted. Recommend interim water dependent public uses. (These conditions are in amended PUD#4 and incorporated into court stipulated settlement agreement. Alternatively, applicant files new PUD.) 4

5 A. Interactive Children s Fountain or equivalent value public benefit B. Equivalent value public benefit in lieu of an Edison Sailing Center (ESC) office C. Additional Public Benefits, e.g. beautification area, Riverwalk and plazas Riverwatch DFMNA RGMC Riverwatch, DFMNA, RGMC comments. DCD/PB Applicant Yes Yes No Applicant offers $100,000 in lieu of fountain, DCD/PB concur. This does not represent fountain cost. Recommend applicant construct and maintain fountain or provide equivalent value public benefit project(s) in park to mitigate harm. Ignored Ignored No Applicant no longer owns property on which to construct building. Recommend applicant provide public benefit infrastructure project(s) of equivalent value in park to mitigate harm. Value of 7,000 sq. ft. office approximately $1,350,000. Yes Yes No Landscaping inadequate. Again, need tall palms for transition and to help mask parking garage. Land for emergency access compacted and grass planted over it. 5

6 A motion was not made. PUBLIC INPUT NON-PUBLIC HEARING AGENDA ITEMS: NO. 24 ORDINANCE AMENDING THE VUE PLANNED UNIT DEVELOPMENT, LOCATED AT 2002 AND 2006 WEST FIRST STREET AND STRAP NO P , NORTH OF WEST FIRST STREET, SOUTH OF THE CALOOSAHATCHEE RIVER, AND WEST OF CENTENNIAL PARK, AND 1500 AND 1510 CARSON STREET BY REMOVING 3 PARCELS LOCATED AT 2006 WEST FIRST STREET AND 1500 AND 1510 CARSON STREET, AMENDING THE TERMS AND CONDITIONS TO REFLECT THE CHANGE IN LAND AREA, EXTENDING THE TIMEFRAMES FOR DEVELOPMENT BY 10 YEARS; AND RESCINDING ORDINANCE NO AS REQUESTED BY JENNA PERSONS, ESQ., STRAYHORN AND PERSONS, AGENT FOR SMI VUE, LLC, OWNER Garey Butler, resident, stated that the Planning Board meeting held on November 4, 2015, resulted in a recommendation to proceed with The Vue Planned Unit Development, 2002 and 2006 West First Street. Mr. Butler stated that after the meeting he was angry about the failure to once again provide the materials until shortly before the meeting. Mr. Butler stated that he was angry about how public input was treated at the Planning Board meeting. Mr. Butler stated that the staff report in Agenda Item No. 24 of the December 7, 2015, meeting provided the Planning Board had 4 hours of public input, which was not true. Mr. Butler stated that the Planning Board meeting started at 1:00 o clock p.m. with a 3 hour presentation by the applicant. Mr. Butler stated that there were minutes from only one Planning Board meeting in 2015, but there was video. Mr. Butler stated that there was a group of 10 people who wanted to speak in sequence, who were given 3 minutes each, and the Chairman refused to allow them to speak in sequence. Mr. Butler stated that a story was planned to be delivered with a beginning and an end which was not permitted. Mr. Butler stated that time to speak was strictly enforced and no one was abusive or repetitive. Mr. Butler stated that the process left a bad feeling with the residents and the process that the City used did not work. Mr. Butler stated that there was no opportunity to dispute the presentation by the applicant, which went on for hours. Mr. Butler stated that the Planning Board was tired and the Chairman had to leave for another meeting. Mr. Butler stated that City Council should review the meeting at starting 6:00 o clock p.m., Agenda Item Nos. 2 and 3which was chaos. Mr. Butler stated that it was no way to treat a project of such magnitude. Mr. Butler stated that City Council should not approve advertising The Vue Planned Unit Development for a public hearing. A motion was not made. PUBLIC INPUT NON-PUBLIC HEARING AGENDA ITEMS: NO. 14 CONTINUED PUBLIC HEARING: ORDINANCE NO AMENDING THE CITY CODE, SUB-PART A, ADMINISTRATIVE CODE, CHAPTER 54, NUISANCES, ARTICLE 1. IN GENERAL, SECTION 54-5 KEEPING CERTAIN ANIMALS AND FOWL IN ALL RESIDENTIAL DISTRICTS BY CREATING REGULATIONS FOR KEEPING BACKYARD HENS IN RESIDENTIAL DISTRICTS Jennifer Hagen, resident, stated that City Council should grant favorable approval of the backyard hen ordinance to support urban agriculture, sustainability, and home grown initiatives. Ms. Hagen stated that the backyard hen ordinance would attract young families to the City who were interested in such programs. A motion was not made. PUBLIC INPUT NON-PUBLIC HEARING AGENDA ITEMS: NO. 24 ORDINANCE AMENDING THE VUE PLANNED UNIT DEVELOPMENT, LOCATED AT 2002 AND 2006 WEST FIRST STREET AND STRAP NO P , NORTH OF WEST FIRST STREET, SOUTH OF THE CALOOSAHATCHEE RIVER, AND WEST OF CENTENNIAL PARK, AND 1500 AND 1510 CARSON STREET BY REMOVING 3 PARCELS LOCATED AT 2006 WEST FIRST STREET AND 1500 AND 1510 CARSON STREET, AMENDING THE TERMS AND 6

7 CONDITIONS TO REFLECT THE CHANGE IN LAND AREA, EXTENDING THE TIMEFRAMES FOR DEVELOPMENT BY 10 YEARS; AND RESCINDING ORDINANCE NO AS REQUESTED BY JENNA PERSONS, ESQ., STRAYHORN AND PERSONS, AGENT FOR SMI VUE, LLC, OWNER Cindy Butler, resident, stated that the proposal was to advertise and hear The Vue Planned Unit Development amendment and rezoning. Ms. Butler stated that the Development Agreement would be heard at a later date. Ms. Butler stated that the important issue was whether The Vue Planned Unit Development would use Centennial Park, 2000 West First Street. Ms. Butler stated that the Development Agreement allowed 3 easements for use of Centennial Park, a cross access easement, construction easement, and a buffer easement. Ms. Butler stated that the Planning Board had concerns about the easements and staff would modify the easements, but modifications had not been made public. Ms. Butler stated that the information was not available to proceed, which was important because there would be proof of compliance with the Civic Recreational Land Use District and the Land Grant from the State of Florida. Ms. Butler stated that the issue should be discussed as part of the Plan Amendment and not the Development Agreement. Ms. Butler stated that the information, the Plan Amendment, and the Development Agreement should proceed simultaneously and be at the same public hearing. Ms. Butler stated that the other issue was the size of the large building on a small piece of property. Ms. Butler stated that the buffers should be known before the development proceeded. Ms. Butler stated that the buffers and landscape requirements were part of the Development Agreement and without the two documents the information was incomplete. Ms. Butler stated that the boundaries of Centennial Park should be identified because if the information was not provided, an educated discussion about how Centennial Park would be used was not possible. Ms. Butler stated that the submerged land lease easements were extensive and should be shown on the plan. A motion was made. PUBLIC INPUT NON-PUBLIC HEARING AGENDA ITEMS: NO. 20 DISCUSSION ON BAN THE BOX REGARDING EMPLOYMENT APPLICATIONS Reverend William Glover, Senior Pastor, Mount Hermon Ministries, Inc., 2856 Douglas Avenue, stated that several hundred residents from 15 interfaith congregations from Fort Myers and Lee County met in August 2014 at dozens of house meetings to get the answer about what concerned the citizens the most about the community. Reverend Glover stated that the number one issue was the inability of people, who served time in jail or prison and paid their debt to society and were seeking to rebuild their lives to find employment due to the collateral penalties for felony offenses that continued to follow them after returning to their communities. Reverend Glover stated that research revealed that the number one reason many felons re-offended was the inability to find work due to the felony box question that appeared on too many employment applications. Reverend Glover stated that felons were rarely given an interview, if the felony box was checked, because the box had become a modern day Scarlett Letter that came to mean do not interview and do not hire. Reverend Glover stated that a felon who was hired, but did not check the box, when the background check revealed a felony, the person was fired not for being a felon but being dishonest on the application. Reverend Glover stated that people were being locked out of being employed which caused a desperate situation and resulting desperate measures. Reverend Glover stated that the City should ban the felony box from City applications. Reverend Glover stated that banning the box was not guaranteeing a job to anyone but granting a fair chance to be interviewed and if their skills set, presentation, and their person matched the potential employer, they might have the opportunity for employment. Reverend Glover stated that hundreds of municipalities were embracing fair chance hiring practices and banning the felony box from applications, and the City would be on the forefront and the fifth city in the State of Florida to ban the box. 7

8 Reverend Glover stated that other cities that banned the box included Jacksonville, Tampa, Orlando, and St. Petersburg, and in doing so, the City would lead the way in setting the example for local municipalities to ban the box and give residents a fair opportunity to be considered for employment. A motion was not made. MOTION: MOVE ITEM NO. 29a REPORT ON DEVELOPER ACTIVITIES FOR THE DOWNTOWN CONVENTION HOTEL It was moved by Councilman Flanders, seconded by Councilman Streets and carried to move City Manager s Item No. 29a Report on Developer Activities for the Downtown Convention Hotel to be heard next. Councilwoman Watson voted no. NO. 29a REPORT ON DEVELOPER ACTIVITIES FOR THE DOWNTOWN CONVENTION HOTEL Donald Paight, Executive Director, Community Redevelopment Agency, stated that Doug Smith, Acquest Realty Advisors, Inc., was the City consultant on the Riverfront Development project. Mr. Paight stated that City Council, on September 21, 2015, heard from Chris Freeman and Brad Hasselwander, Freeman & Hasselwander Resort Properties, LLC, the owners of the Cape Coral Westin Hotel, regarding their interest in the downtown hotel project. Mr. Paight stated that Steve Goodman, FMCC Developer, LLC, the developer, had difficulty in obtaining equity funding. Mr. Paight stated that discussions and negotiations were opened with Freeman & Hasselwander Resort Properties, LLC, who reviewed the documents. Mr. Paight stated that Freeman & Hasselwander Resort Properties, LLC identified issues regarding updating the commencement date and coinciding the lease for Harborside Event Center, 1375 Monroe Street, with the Ground Lease for the hotel. Mr. Paight stated that Freeman & Hasselwander Resort Properties, LLC wanted control of the downtown boat ramp parking lot to develop at a future date. Mr. Paight stated that Freeman & Hasselwander Resort Properties, LLC commissioned an updated market study and there was concern about the size of the hotel and whether it should be full service or select service. Mr. Paight stated that Freeman & Hasselwander Resort Properties, LLC requested more time to review their financial position and the project to determine if they wanted to proceed. Mr. Paight stated that Mr. Goodman continued during the discussions with Freeman & Hasselwander Resort Properties, LLC to establish an equity partnership on his behalf as the designated developer on the project. Mr. Paight stated that Mr. Goodman represented that a partnership was established that could provide $13,000, in equity to proceed with the project. Doug Smith, Acquest Realty Advisors, Inc., stated that Mr. Goodman was diligent and developed a capital structure working in several different markets that was a limited partnership inclusive of a general and a limited partner and identified a molecular structure of the equity partnership. Mr. Smith stated that Mr. Goodman and several entities would raise approximately 20 percent of the $13,000, necessary for the project with an 80 percent partner, Interwest Fund, a substantial private equity firm from southern California responsible for the balance of the equity. Mr. Smith stated that the capital players were being vetted and there was substance and experience brought knowledge and expertise to the project. Mr. Smith stated that commitment letters were in the process of being prepared. Mr. Smith stated that Mr. Goodman committed to providing $350, by December 17, 2015, that would be placed into FMCC Developer, LLC by the entities and whose monies would pay professional who had provided services such as attorneys and architect for past performed and future work as follows: Interwest Fund (limited and general partner providing 90% of the equity) SGoodman & Associates Thomas Land & Development NYSA Capital 8

9 Ayers Asset Management (general partners providing 10% of the equity) Mr. Smith stated that Mr. Goodman would work to put the full amount of equity into an account by mid-january 2016 prior to the City Council meeting on January 19, Mr. Smith stated that the documentation assigning the interest of FMCC Developer, LLC to the newly formed entity with minor changes to documents would be presented to January 19, Mr. Smith stated that prior to January 19, 2016, evidence should be provided that the $13,000, was committed to the hotel deal. Mr. Smith stated that the deal with Mr. Goodman did not include the boat ramp out parcel. Mr. Smith stated that Mr. Goodman wanted the boat ramp developed in accordance with the Master Plan. Mr. Smith stated that Freeman & Hasselwander Resort Properties, LLC remained interested in the transaction. Mr. Paight stated that Mr. Goodman developed a draw schedule for the parking garage and hotel construction and the equity would take the project approximately 6 to 8 months into the actual construction phase before a construction loan would begin. A motion was not made. MOTION: MOVE ITEM NO. 20 DISCUSSION ON BAN THE BOX REGARDING EMPLOYMENT APPLICATIONS AND ITEM NO. 29 RESOLUTION APPROVING A FAIR CHANCE HIRING PRACTICE TO REMOVE A BOX PERTAINING TO CRIMINAL CONVICTION HISTORY ON THE CITY EMPLOYMENT APPLICATION It was moved by Councilwoman Watson, seconded by Councilwoman Brown and unanimously carried to move Item No. 20 Discussion on Ban the Box regarding employment applications and Item No. 29 Resolution Approving a Fair Chance Hiring Practice to Remove a Box Pertaining to Criminal Conviction History on the City Employment Application to be heard next. NO. 20 DISCUSSION ON BAN THE BOX REGARDING EMPLOYMENT APPLICATIONS It was moved by Councilwoman Watson and seconded by Councilwoman Anthony to direct the City Manager to remove the check box related to being convicted of a felony from the application for employment. Councilwoman Watson stated that when having a meeting in City Hall, it was okay to have discussions outside of City Hall. Councilwoman Watson stated that City Council had held discussions regarding banning the box for more than a year. Councilwoman Watson stated that unless something was brought to the table it was only talk. Councilwoman Watson stated that the issue was important in the community. Councilwoman Watson stated that the community needed to be aware that issues should be discussed with Council Member who would present it to City Council for a vote. Mayor Henderson stated that the 21 st Century Collaboration Economic and Community Redevelopment Committee brought forth the issue of removing the check box related to being convicted of a felony from the application for employment. Mayor Henderson stated that there were 411 cities in Florida and the City was one of four or five leading the charge on removing the box on the application for employment. It was moved by Councilwoman Watson, seconded by Councilwoman Anthony and unanimously carried to direct the City Manager to remove the check box related to being convicted of a felony from the application for employment. NO. 29 RESOLUTION NO APPROVING A FAIR CHANCE HIRING PRACTICE TO REMOVE A BOX PERTAINING TO CRIMINAL CONVICTION HISTORY ON THE CITY EMPLOYMENT APPLICATION Mayor Henderson introduced and caused to be read by Grant W. Alley, City Attorney, in full by its title, a resolution as hereinafter set out entitled: 9

10 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, ADOPTING A FAIR CHANCE HIRING PRACTICE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Henderson stated that the fair chance hiring practice was an initiative directed by the Mayor and City Council to the City Manager on October 5, Mayor Henderson stated that the resolution provided that the review of prior convictions would take place at later stages of the hiring process for all positions other than for positions within the Police Department and Fire Department. Mayor Henderson stated that there was nothing in the resolution that required the City to hire someone with a criminal record or limited the ability of the City to select the most qualified applicant for a position. It was moved by Councilman Streets and seconded by Councilwoman Brown to adopt Resolution No Councilman Flanders stated that a review of the past history and criminal record of a candidate should happen. Councilman Flanders stated that removing the felony box provided for a person to have a fair look at an application. Councilman Flanders stated that there may be a time when an applicant had an incident in their past that was not compatible or coincided with the job description and staff would make a judgement. Grant W. Alley, City Attorney, stated that the whereas clauses in the resolution included, in part, as follows: WHEREAS: The City of Fort Myers recognizes that as many as one in three Americans have some kind of a criminal record, including arrests without convictions and crimes which might not be related to future job qualifications; and WHEREAS: The City of Fort Myers recognizes that anything that makes it harder for ex-offenders to find a job leads to increased unemployment and makes re-offense more likely, creating negative effects for society; and WHEREAS: The City of Fort Myers is committed to ensuring that all qualified individuals seeking employment at the City should be given an equal opportunity to apply for available positions; and WHEREAS: The City Council finds that the City of Fort Myers should take a leading role in providing an opportunity for employment to qualified persons with past convictions which are not related to the job position for which they are otherwise qualified; and Mayor Henderson stated that America was a second chance country, and there was pride in second chances. Mayor Henderson stated that there were excellent causes to take action in banning the box from an employment application. Councilman Streets stated that education and employment would slow down violence in the City. It was moved by Councilman Streets, seconded by Councilwoman Brown and unanimously carried to adopt Resolution No at 5:33 o clock p.m. CONSENT AGENDA Mayor Henderson stated that any council member may request that any item be removed from the Consent Agenda and placed on the regular agenda for discussion following the adoption of the Consent Agenda. Councilman Banks stated that No. 5b, Accept donation from the Friends of James (Jim) Kinsey for the Christmas tree at Centennial Park and Approve budget amendment appropriating funds received from a donation from the Friends of James (Jim) Kinsey for the 10

11 purchase of the Christmas tree at Centennial Park and increasing Parks Operating Budget by like amount, and No. 11 Change Order No. 2 to the Construction Contract for McGregor Area Waterline Improvements (Bradford & Gasparilla Areas), Bid No , with Denco Construction, Inc., increasing the contract, increasing the time for completion by 182 days to June 4, 2015, Project Close Out, and releasing final payment and retainage, should be removed from the consent agenda for discussion. NO. 4 MINUTES Minutes of the regular meeting held on November 16, 2015, had been delivered to City Council. NO. 5 MEMORANDUM OF UNDERSTANDING AMONG THE CITY OF FORT MYERS ON BEHALF OF THE POLICE DEPARTMENT, DISTRICT BOARD OF TRUSTEES OF FLORIDA SOUTHWESTERN STATE COLLEGE, AND LEE COUNTY, FLORIDA, DEPARTMENT OF PARKS AND RECREATION PROVIDING FOR FORT MYERS POLICE OFFICERS TO WORK EXTRA-DUTY DETAILS AT THE CITY OF PALMS PARK, 2201 EDISON AVENUE, DURING EVENTS SPONSORED BY FLORIDA SOUTHWESTERN STATE COLLEGE The Memorandum of Understanding among the City of Fort Myers on behalf of the Police Department, District Board of Trustees of Florida SouthWestern State College, and Lee County, Florida, Department of Parks and Recreation provided for Fort Myers police officers to work extra-duty details at the City of Palms Park, 2201 Edison Avenue, during events sponsored by Florida SouthWestern State College. Florida SouthWestern State College played collegiate baseball and softball games and operated other college-sponsored activities at City of Palms Park. Florida SouthWestern State College law enforcement officers would work and have the same powers, duties, rights, privileges, and immunities as if they were performing their duties inside their employer's jurisdiction, while working inside City of Palms Park and on the property of the park. Florida SouthWestern State College could employ officers of the Fort Myers Police Department to assist at various events at the City of Palms Park. Officers would be paid the off-regular-duty employment pay pursuant Police Department, General Order 2.2 and the City would invoice Florida SouthWestern State College for the extra-duty costs associated with the employment of City police officers at the City of Palms Stadium. Payment on all invoices were due within 30 days of receipt. The Memorandum of Understanding may be cancelled by any party upon 60 days written notice to the other parties. NO. 5a RELEASE, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT WITH CEDAR RIVER AT FORT MYERS, LLC FOR ALLURE YOUR SENSES, A 24 SCULPTURE ART EXHIBIT BY EDGARDO CARMONA TO BE INSTALLED IN THE DOWNTOWN RIVER DISTRICT The Release, Indemnification, and Hold Harmless Agreement with Cedar River at Fort Myers, LLC for Allure Your Senses provided for a 24 sculpture art exhibit by Edgardo Carmona to be installed in the downtown River District from January 1, 2016, through March 31, 2016, with 4 sculptures placed on City owned property, 3 on Lee County owned property, and 17 on City rights-of-way. Cedar River at Fort Myers, LLC initiated sales for Allure Condominiums previously known as Cypress Club, 2601 First Street, and would install a 24 sculpture temporary art exhibit by Edgardo Carmona known as Allure Your Senses in the downtown River District area. Three sculptures would be installed outside of City Hall, 2200 Second Street, and one would be installed outside of the Greater Fort Myers Chamber of Commerce building, 2310 Edwards Drive, for a total of 4 sculptures on City-owned property that was not a right-of-way. The Public Art Committee approved the installation of the exhibit and made a recommendation on the sites for the sculptures at its meeting held on October 20, The Historic Preservation Commission reviewed the exhibit and approved the site selections. Allure Your Senses would be professionally installed by 11

12 Cedar River at Fort Myers, LLC at the approved locations from approximately January 3, 2016, to January 6, The exhibit, Allure Your Senses, would be in Fort Myers from January 7, 2016, to approximately March 31, 2016, before being shipped to Spain for exhibition on April 15, Cedar River would install banners on the street light poles within the River District to provide a navigation tool to visitors. Three signs would be installed providing information about the exhibit and site locations. The Hold Harmless Agreement provided that Cedar River at Fort Myers, LLC shall: Release the City from all losses, liabilities, damages, costs, or expenses incurred by them due to the use of the right-of-way. Hold the City harmless from all claims, losses, liabilities, damages, costs, or expense incurred which may arise as a result from negligent use of the right-of-way. Assume all risk and bear any loss or injury to property or persons occasioned by neglect or accident. Assume all responsibility for loss because of neglect or violation of any state or federal law or local government rule, regulation or order. Give all required notices relating to the improvement or its maintenance contemplated by the Hold Harmless Agreement to the proper authorities. Obtain all necessary permits and licenses and pay all appropriate fees. Repair any damage that may occur to any adjoining building, structure, utility easement, roadway, City property or private property during the course of the work. Repair, restore or rebuild any damage to City property caused by the installation, construction or maintenance of the improvements contemplated. Cedar River at Fort Myers, LLC would hold an unveiling celebration on January 7, 2016, where the community was invited to enjoy Allure Your Senses. Cedar River at Fort Myers, LLC prepared an extensive promotion for Allure Your Senses in coordination with Spiro & Associates. NO. 6 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT - CONTINUING CONTRACT FOR ENVIRONMENTAL ENGINEERING SERVICES, REQUEST FOR QUALIFICATIONS NO PW, CHANGING THE NAME OF CONESTOGA-ROVERS & ASSOCIATES, INC. TO GHD SERVICES INC. AND EXERCISING THE FIRST OPTION TO RENEW FOR 1 YEAR Amendment No. 2 to Professional Services Agreement - Continuing Contract for Environmental Engineering Services, Request for Qualifications No PW, changed the name of Conestoga-Rovers & Associates, Inc. to GHD Services Inc. and exercised the first option to renew for 1 year, effective July 16, 2015, to July 15, City Council approved the Professional Services Agreement - Continuing Contract for Environmental Engineering Services, Request for Qualifications No PW on July 16, The continuing contract was for 3 years, effective July 16, 2012, through July 15, 2015, with the option to renew for 2 additional 1 year periods upon mutual agreement of both parties. City Council approved Amendment No. 1, on December 2, 2015, acknowledging the consultants name change from HSA Engineers & Scientists to Conestoga-Rovers & Associates, Inc., effective October 1, The intent of the request for qualifications was to contract with environmental engineering firms to provide services for a wide range of projects as may be required by the City. Firms shall be responsible for knowledge and compliance with all relative local, state, and federal codes and regulations. GHD Services Inc. was located at 2675 Winkler Avenue, Suite 180, Fort Myers, GHD Services Inc. 12

13 was performing annual water sampling for National Pollutant Discharge Elimination System. NO. 7 AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT - CONTINUING CONTRACT FOR UTILITY ENGINEERING SERVICES FOR THE CITY OF FORT MYERS, REQUEST FOR QUALIFICATIONS NO PW, CHANGING THE NAME OF CONESTOGA-ROVERS & ASSOCIATES, INC. TO GHD SERVICES INC. AND EXERCISING THE FINAL OPTION TO RENEW FOR 1 YEAR Amendment No. 3 to Professional Services Agreement - Continuing Contract for Utility Engineering Services for the City of Fort Myers, Request for Qualifications No PW, changed the name of Conestoga-Rovers & Associates, Inc. to GHD Services Inc. and exercised the final option to renew for 1 year, effective January 17, 2016, to January 16, City Council approved the Professional Services Agreement - Continuing Contract for Utility Engineering Services, Request for Qualifications No PW, with HSA Engineers & Scientists on January 17, The continuing contract was for 3 years, effective January 17, 2012, through January 16, 2015, with the option to renew for 2 additional 1 year periods upon mutual agreement of both parties. City Council approved Amendment No. 1, on December 2, 2013, acknowledging the consultants name change from HSA Engineers Scientists to Conestoga-Rovers & Associates, Inc., effective October 1, City Council approved Amendment No. 2, on May 4, 2015, exercising the first option to renew from January 17, 2015, to January 16, Responsibilities included providing utility engineering services for a wide range of projects as may be required by the City and responsible for knowledge and compliance with all relative local, state, and federal codes and regulations. GHD Services Inc. was located at 2675 Winkler Avenue, Suite 180, Fort Myers, and was not performing any services under the contract. NO. 8 AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT - CONTINUING CONTRACT FOR STRUCTURAL ENGINEERING SERVICES FOR THE CITY OF FORT MYERS, REQUEST FOR QUALIFICATIONS NO PW, CHANGING THE NAME OF CONESTOGA-ROVERS & ASSOCIATES, INC. TO GHD SERVICES INC. AND EXERCISING THE FINAL OPTION TO RENEW FOR 1 YEAR Amendment No. 3 to Professional Services Agreement - Continuing Contract for Structural Engineering Services for the City of Fort Myers, Request for Qualifications No PW, changed the name of Conestoga-Rovers & Associates, Inc. to GHD Services Inc. and exercised the final option to renew for 1 year, effective January 3, 2016, to January 2, City Council approved the Professional Services Agreement Continuing Contract for Structural Engineering Services, Request for Qualifications No PW, with HSA Engineers & Scientists on January 3, The continuing contract was for 3 years, effective January 3, 2012, through January 2, 2015, with the option to renew for 2 additional 1 year periods upon mutual agreement of both parties. City Council, on December 2, 2013, approved Amendment No. 1 acknowledging the name change of the consultant from HSA Engineers & Scientists to Conestoga-Rovers & Associates, Inc., effective October 1, City Council approved the first option to renew on February 17, 2015, effective January 3, 2015, to January 2, Responsibilities included providing structural engineering service for a wide range of projects as may be required by the City and responsible for knowledge and compliance with all relative local, state, and federal codes and regulations. GHD Services Inc. was located at 2675 Winkler Avenue, Suite 180, Fort Myers, and was not performing any services under the contract. NO. 8a AMENDMENT NO. 1 TO SERVICE PROVIDER AGREEMENT WITH TRUE TOURS, INC. PROVIDING EDUCATIONAL WALKING TOURS ON SUNDAY AFTERNOONS IN THE FORT MYERS CEMETERY 13

14 FROM OCTOBER 1 THROUGH APRIL 30 DURING THE TERM OF THE AGREEMENT Amendment No. 1 to Service Provider Agreement with True Tours, Inc. provided for educational walking tours on Sunday afternoons in the Fort Myers Cemetery from October 1 through April 30 during the term of the agreement. City Council, on September 21, 2015, approved a Service Provider Agreement with True Tours, Inc., owned by Gina Taylor, to provide educational walking tours in the Fort Myers Cemetery. The tours were approved for Tuesday mornings at 10:00 a.m. from October 1 through April 30 annually during the two year term of the Service Provider Agreement. The Service Provider Agreement was amended to allow tours on Sunday afternoons ending no later than 5:00 p.m. due to the high interest in the educational walking tours and the number of people requesting a tour on a weekend day. Saturdays were originally requested for the additional tour day which could not be accommodated due to the number of interments on that day. There were no interments on Sunday. True Tours, Inc. must abide by all applicable municipal, county, state and federal laws, ordinances and rules and regulations when conducting the walking educational tours in the cemetery. The original Service Provider Agreement provided True Tours, Inc. would pay the City $3.00 of the amount collected per person specific to the True Tours Cemetery educational walking tour. NO. 9 CHANGE ORDER NO. 1 TO SEMINOLE AVENUE FROM EDGEWOOD RENAISSANCE ACADEMY TO POLK STREET AND WINKLER AVENUE FROM METRO PARKWAY TO COLONIAL BOULEVARD DRAINAGE AND SIDEWALK PROJECT WITH CLARY S SITEWORK & DEVELOPMENT, INC. INCREASING THE CONTRACT AND INCREASING THE CONTRACT Change Order No. 1, in the amount of $59,303.20, to Seminole Avenue from Edgewood Renaissance Academy to Polk Street and Winkler Avenue from Metro Parkway to Colonial Boulevard Drainage and Sidewalk Project with Clary s Sitework & Development, Inc. increased the contract amount from $476, to $535, and increased the contract time by 150 days to a completion date of December 22, City Council approved the contract for Seminole Avenue from Edgewood Renaissance Academy to Polk Street and Winkler Avenue from Metro Parkway to Colonial Boulevard Drainage and Sidewalk Project, Lee County Project B , Lee County Contract No. 6679, with Clary's Sitework & Development, Inc. on January 5, The project was for construction of new storm drainage systems and concrete sidewalks on Winkler Avenue from Metro Parkway to Colonial Boulevard and Seminole Avenue from Edgewood Renaissance Academy to Polk Street. Change Order No. 1 was for unforeseen utility conflict adjustments, water and sewer services relocations, and additional storm drainage improvements, as follows: Original Contract Amount $476, Change Order No. 1 $59, Final Contract Amount $535, Days Completion Date Original Contract Time 150 Days July 26, 2015 Change Order No Days December 22, 2015 Final Contract Time 300 Days December 22, 2015 NO. 10 CHANGE ORDER NO. 1 TO THE CONTRACT FOR MARION STREET SIDEWALK - VERONICA S. SHOEMAKER BOULEVARD TO POLK STREET WITH NEUBERT CONSTRUCTION SERVICES, INC., INVITATION TO BID # , DECREASING THE CONTRACT AMOUNT, PROJECT CLOSE OUT, AND RELEASE FINAL PAYMENT Change Order No. 1, in the amount of $13,819.10, to the contract for Marion Street Sidewalk - Veronica S. Shoemaker Boulevard to Polk Street with Neubert Construction Services, Inc., Invitation to Bid # , 14

15 decreased the contract amount from $355, to $342,120.28, Project Close Out, and released final payment in the amount of $3, City Council awarded Construction Contract Invitation to Bid # , in the amount of $355,939.38, to Neubert Construction Services, Inc. on August 4, 2014, for sidewalk construction on Marion Street Sidewalk - Veronica S. Shoemaker Boulevard to Polk Street. The scope of work included sidewalk and drainage construction, sod restoration, and asphalt paving. Neubert Construction Services, Inc. submitted completed project close-out documents including release of liens, statement of guarantee, and as built plans. The City staff reviewed and approved all submitted documentation for closeout. Change Order No. 1 consisted of contract reconciliation savings and provided additional time for paving and utilities conflict adjustments, as follows: Original Contract Amount $355, Change Order No. 1 ($13,819.10) Final Contract Amount $342, NO. 12 BID NO , CITY WIDE DRAINAGE & PAVING REPAIRS TO AJAX PAVING INDUSTRIES OF FL, LLC; BATEMAN CONTRACTING, LLP; DENCO CONSTRUCTION, INC.; METTAUER ENVIRONMENTAL, INC.; NEUBERT CONSTRUCTION SERVICES, INC.; PREFERRED MATERIALS, INC., AND STAGE DOOR II, INC. Pursuant to advertisement in The News Press, issues of August 31, 2015, and September 10, 2015, Affidavit of Publication on file, bids were received by 2:00 p.m. on October 7, 2015, in the Purchasing and Contracts Administration Division, Financial Services Department, for Bid No , City Wide Drainage & Paving Repairs. The bid tabulation was as follows: City Wide Drainage & Paving Repairs Bid No Company Name Ajax Paving Industries of FL, LLC, Rickenbacker Parkway, Fort Myers Bateman Contracting, LLP, 3260 Cargo St, Fort Myers Denco Construction, Inc., 4600 Cummins Court, Fort Myers Mettauer Environmental, Inc., N. River Rd, Alva Neubert Construction Services, Inc., PO Box 2503, Fort Myers Preferred Materials, Inc., Alico Road, Fort Myers Stage Door II, Inc., 3050 Dee Street, Apopka All submitting responsive, responsible bidders were selected to receive award and participate in the City annual contract for drainage and paving repairs. It was recommended to award to all 7 firms to promote competitive pricing and local vendor participation. Firms were not required to provide pricing for all line items requested within the Invitation to Bid package. Awarding to all firms ensured that the City had readily available qualified contractors with competitive pricing for any combination of scope of work completed under the contract. A unit price sheet was compiled. Project specific awards would be issued to the lowest, most responsible participating vendor as the scope of work was defined and compared against the unit price sheet to receive a total project cost. The City previously utilized the Lee County Bid B County-Wide Minor Paving & Drainage Improvements or the project solicitation process to provide services. A comparison of the Lee County contract unit price against the proposed City contract unit price showed that the City received a reduced price for the vast majority of proposed services and remaining line item costs were comparable to previous expenses. The contract was for 3 years with an option to renew for 2 additional 1 year periods upon mutual agreement of both parties. The contract acceptance and renewable periods were subject to the appropriation of funds. There was no minimum quantity required to be 15

16 awarded by the City and no work was guaranteed. NO. 13 BID NO UNLEADED GASOLINE AND DIESEL FUEL SUPPLY & DELIVERY TO THE SEMINOLE TRIBE OF FLORIDA DBA ASKAR ENERGY AND EDISON OIL COMPANY Pursuant to advertisement in The News Press, issue of September 1, 2015, Affidavit of Publication on file, bids were received by 2:00 p.m. by October 8, 2015, in the Purchasing and Contracts Administration Division, Financial Services Department, for Bid No , Unleaded Gasoline and Diesel Fuel Supply & Delivery. Bid tabulation was as follows: 16

17 Bid No SUPPLIER CAPACITY Transport: 7,500 Gallons Tank Wagon: 4,500 Gallons Unleaded Gasoline and Diesel Fuel Supply & Delivery Transport: Tank Transport: Tank Wagon: Transport: 7,500 Wagon: 7,500 4,500 7,500 Gallons 4,500 Gallons Gallons Gallons Gallons Tank Wagon: 4,500 Gallons PRODUCT Diesel Fuel, Grade No. 2- D Ultra Low Sulfur Diesel Fuel, Grade No. 2- D Ultra Low Sulfur Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Gasoline, Unleaded 87 Octane Gasoline, Unleaded 87 Octane Gasoline, Unleaded 90 Octane Non- Ethanol Gasoline, Unleaded 90 Octane Non- Ethanol COMPANY The Seminole Tribe of Florida, Inc. dba Askar Energy 3170 S. Horseshoe Drive Naples, FL SUPPLIER CAPACITY PRODUCT MARK-UP $0.42 $0.82 $0.52 $0.92 $0.42 $0.82 $0.52 $0.92 Transport: 7,200 Gallons Diesel Fuel, Grade No. 2-D Ultra Low Sulfur Tank Wagon: 3,000-4,000 Gallons Diesel Fuel, Grade No. 2-D Ultra Low Sulfur Transport: 7,200 Gallons Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Tank Wagon: 3,000-4,000 Gallons Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Transport : 8,500 Gallons Gasoline, Unleaded 87 Octane Tank Wagon: 3,000-4,000 Gallons Gasoline, Unleaded 87 Octane Transport: 8,500 Gallons Gasoline, Unleaded 90 Octane Non- Ethanol Tank Wagon: 3,000-4,000 Gallons Gasoline, Unleaded 90 Octane Non- Ethanol 17

18 COMPANY Edison Oil Company 6940 Mission Lane Fort Myers, FL City of Fort Myers SUPPLIER CAPACITY PRODUCT Mansfield Oil Company of Gainesville, Inc Airport Parkway Gainesville, GA MARK-UP $0.69 $0.112 $0.69 $0.112 $0.059 $0.112 $0.59 $0.112 Transport: 7,500 Gallons Diesel Fuel, Grade No. 2-D Ultra Low Sulfur Ryan Tire & Petroleum, Inc Edison Avenue Fort Myers, FL City of Fort Myers Palmdale Oil Company, Inc Fowler Street Fort Myers, FL City of Fort Myers Petroleum Traders Corporation 7120 Pointe Inverness Way Fort Wayne, IL Tank Wagon: 4,500 Gallons Diesel Fuel, Grade No. 2-D Ultra Low Sulfur Transport: 7,500 Gallons Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Tank Wagon: 4,500 Gallons Diesel Fuel, Red Dye Grade No. 2 Ultra Low Sulfur Transport : 8,500 Gallons Gasoline, Unleaded 87 Octane Tank Wagon: 4,500 Gallons Gasoline, Unleaded 87 Octane Transport: 8,500 Gallons Gasoline, Unleaded 90 Octane Non- Ethanol Tank Wagon: 4,500 Gallons Gasoline, Unleaded 90 Octane Non- Ethanol $ $ $ $ $ $ $ $ Non-Responsive: *Did not utilize the complete revised proposal form as provided and instructed within Addendum #1. *Did not utilize the revised proposal form as provided and instructed within Addendum #1. *Did not properly execute required No Lobbying Affidavit. **Did not properly execute required Employment Eligibility Affidavit. 18

19 A primary and secondary vendor were recommended to receive the award as follows: Primary Vendor: The Seminole Tribe of Florida, Inc. dba Askar Energy, 3170 S. Horseshoe Dr., Naples, FL Secondary Vendor: Edison Oil Company, 6940 Mission Lane, Fort Myers, FL The intent of the contract was with at least one or more contractors to provide unleaded gasoline and diesel fuel supply and delivery. The Secondary Vendor may be contacted in the event the Primary Vendor was unable to provide product or service in a timeframe or method acceptable to the requesting department and contract terms. The City maintained the right to authorize additional use of the Secondary Vendor when deemed in the best interest of the City. The City shall exercise right of cancellation of the contract and the Secondary Vendor may become the Primary Vendor, should the Primary Vendor repeatedly have problems with meeting the needs of the City under the contract. The current supplier was Palmdale Oil Company, Inc. The pricing presented by The Seminole Tribe of Florida, Inc. dba Askar Energy and Edison Oil Company provided the City with significant savings as the mark-up through the new contract was lower than the mark-up within the agreement with Palmdale Oil Company, Inc., following comparative analysis completed through the Purchasing & Contracts Administration Division. The State Contract was reviewed and deemed to be unacceptable for use because it did not include tank wagon delivery and required minimum delivery quantities. Local vendor preference was reviewed and provided no change in the recommendation for award. Askar Energy had been in business for 58 years and was located in Naples, Florida off Interestate-75. They had a 200,000 gallon bulk storage plant in Naples, an additional 180,000 gallon bulk plant in Lake Wales, and a 60,000 gallon bulk plant in Fort Meade. Askar Energy owned and operated approximately 9 tank wagons and 14 tractor trailer transports. The Askar Energy bulk plant facilities had a full and complete generator backup system allowing Askar Energy to operate at 100 percent in the event of emergencies, disasters, or acts of God. Edison Oil Company had been in business for 41 years, maintained a bulk storage facility in southwest Florida holding approximately 250,000 gallons, was based locally, and owned and operated approximately 5 tank wagons and 6 tractor trailer transports. The bulk facility and officers for Edison Oil Company were equipped with generators to insure complete operational status during outages. The contract was for 1 year with an option to renew for 4 additional 1 year periods upon mutual agreement of both parties. The contract acceptance and renewable periods were subject to the appropriation of funds. There was no minimum quantity required to be awarded by the City. NO. 13a ESTABLISH A BUDGET IN THE CAPITAL IMPROVEMENT PLAN FOR THE MIDTOWN STREETSCAPE IMPROVEMENT PROJECT APPROPRIATING FUNDING FROM THE FORT MYERS REDEVELOPMENT AGENCY TAX DOWNTOWN INCREMENT FINANCING DISTRICT AND CHANGE ORDER NO. 1 TO TASK AUTHORIZATION NO. 2 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER-AT-RISK CONTINUING CONTRACT, REQUEST FOR QUALIFICATIONS NO PW WITH J.L. WALLACE, INC. FOR THE COTTAGE STREET UTILITY IMPROVEMENT PROJECT (FROM STATE ROAD 82/DR. MARTIN LUTHER KING, JR. BOULEVARD TO VICTORIA AVENUE), INCREASING THE CONTRACT FOR THE ADDITION OF STREETSCAPE IMPROVEMENTS AND UNFORESEEN CONSTRUCTION COSTS A budget, in the amount of $96,350.00, was established in the Capital Improvement Plan for the Midtown Streetscape Improvement Project appropriating funding from the Fort Myers Redevelopment Agency 19