12/21/2017Thursday, December 21, 2017
6:00 PM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Council Chambers
City Council
Meeting Agenda
December 21, 2017City Council Meeting Agenda
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then
state your name and address. Persons speaking before the City Council shall be limited to three (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 three (3) minutes plus an
additional minute for each person in the audience that waives their right to speak, up to a maximum of
ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a
spokesperson from the City Clerk (right-hand side of dais). Up to sixty 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 other electronic devices during the meeting.
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 Phil Doganiero 3 Bridge Race - Brian Aungst, Clearwater for Youth Chairman
4.2 SR60 Study - Sarah Ward, Planning Division Manager, Forward Pinellas
4.3 Clearwater Police Department Strategic Plan 2017-2022 - Chief Slaughter
5. Approval of Minutes
5.1 Approve the minutes of the December 7, 2017 City Council Meeting as
submitted in written summation by the City Clerk.
6. Citizens to be heard re items not on the agenda
Public Hearings - Not before 6:00 PM
Page 2 City of Clearwater Printed on 12/20/2017
December 21, 2017City Council Meeting Agenda
7. 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
7.1 Declare surplus for the purpose of sale, through Invitation to Bid 09-18, real
property located in Hillsborough County formerly used by the City of Clearwater
for dumping treated sludge and dredged materials whereby the successful bid
meets the terms set by Council.
8. City Manager Reports
8.1
Authorize equipment leases with Hewlett-Packard Financial Services Company,
of Murray Hill, NJ, for desktop, laptop, and tablet computers in an amount not to
exceed $1,350,000 in accordance with City Code of Ordinances Section 2.564
(1)(b) Intergovernmental Purchases, and authorize the appropriate officials to
execute same. (consent)
8.2 Approve a contract and work order to H.W. Lochner, of Tampa, Florida, for
Druid Trail Phase IV (04-0021-PR) Construction Engineering Inspection (CEI)
and Local Agency Program (LAP) Administration in the amount of $285,217.95
and authorize the appropriate officials to execute same.
8.3 Authorize agreements for Employment Related Health Care Services with
BayCare Urgent Care, LLC, and Life Extension Clinics, Inc., in the annual
amounts of $25,000 and $175,000 respectively, including two annual renewal
terms, and authorize the appropriate officials to execute same.
8.4 Approve a Land Lease Agreement at the Clearwater Airpark between the City of
Clearwater and the Civil Air Patrol, from January 1, 2018 through December 31,
2022, and authorize the appropriate officials to execute same.
8.5 Approve a purchase order to AshBritt, Inc. of Deerfield Beach, FL, for an
amount not to exceed $1,000,000, for disaster debris removal and disposal
services provided during the aftermath of Hurricane Irma and authorize the
appropriate officials to execute same.
Page 3 City of Clearwater Printed on 12/20/2017
December 21, 2017City Council Meeting Agenda
8.6 Approve a Joint Use Interlocal Agreement (JUA) between the City of Clearwater
(City) and the City of Safety Harbor (Safety Harbor) for the purpose of allowing
Safety Harbor youth to use city sports facilities and participate in youth athletic
programs in the City; and authorize the appropriate officials to execute same.
8.7 Approve a Vehicle Use Agreement between the School Board of Pinellas
County, Florida and the City of Clearwater through August 23, 2018 for the City
to utilize Pinellas County School buses at a cost of $1.50 per mile, plus $29.00
per hour, for a total estimated cost of $35,000 and authorize the appropriate
officials to execute same.
8.8 Approve an agreement between Tivity Health Services, LLC (Tivity) and the City
of Clearwater (City), allowing the City to continue to provide wellness services
and benefits for eligible Medicare Members who are part of the SilverSneakers
Program and Prime Members eligible through employer sponsored programs
and authorize the appropriate officials to execute same.
8.9 Approve a Sports Facility Use Agreement with the DC Soccer, LLC, to provide
preseason training in Clearwater at the Walter C. Campbell Facility, from
January 25, 2018 through December 31, 2018, and authorize the appropriate
officials to execute same.
8.10 Approve a Sports Facility Use Agreement with the Pennsylvania Professional
Soccer LLC to provide preseason training in Clearwater at the Joe DiMaggio
Sports Complex, from February 1, 2018 through April 1, 2020, and authorize the
appropriate officials to execute same.
8.11 Approve an Exclusive Non-Alcoholic Beverage Agreement between the City of
Clearwater (City) and Coca-Cola Refreshments USA, Inc. (Coca-Cola), from
November 8, 2017 through September 30, 2022, to provide full service
beverage vending machines and products to city facilities and city events;
approve a blanket purchase order to Coca-Cola for $150,000 per year for each
year of this agreement and authorize the appropriate officials to execute same.
8.12 Provide direction regarding establishing a foreclosure policy for properties with
code enforcement liens.
8.13 Follow-up to citizen concern raised at December 7 council meeting regarding
water fee.
9. City Attorney Reports
10. Closing comments by Councilmembers (limited to 3 minutes)
11. Closing Comments by Mayor
12. Adjourn
Page 4 City of Clearwater Printed on 12/20/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4140
Agenda Date: 12/21/2017 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: City Council
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Phil Doganiero 3 Bridge Race - Brian Aungst, Clearwater for Youth Chairman
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/20/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4174
Agenda Date: 12/21/2017 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:
SR60 Study - Sarah Ward, Planning Division Manager, Forward Pinellas
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/20/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4165
Agenda Date: 12/21/2017 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: City Council
Agenda Number: 4.3
SUBJECT/RECOMMENDATION:
Clearwater Police Department Strategic Plan 2017-2022 - Chief Slaughter
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/20/2017
| 1
CLEARWATER
POLICE DEPT.
Strategic Plan
2017-2022
| 2
1.CORE PRINCIPLES
2.OBJECTIVES
3.PRECISION POLICING
4.QUESTIONS
| 3
CORE
PRINCIPLES
| 4 CPD STRATEGIC PLAN
CPD: CORE PRINCIPLES
•Preservation of Life: Citizens, Officers &
Suspects
•Commitment to Excellence
Rising Standard of Quality over Time
Critical Role of the First-Line Supervisor
•Community Champions
Problem-Solving in Neighborhoods
Community Engagement
Crime Prevention/Deterrence/Fear of Crime
•Principles of Sir Robert Peel
| 5
CORE
OBJECTIVES
| 6 CPD STRATEGIC PLAN
•Lowering Crime & Ensuring
a Feeling of Safety in Our
Community.
•Community Culture of Trust
in the Police Department.
•Instill Community
Confidence in the Ability
of the Police Department.
CORE OBJECTIVES
| 7
PRECISION
POLICING
| 8 CPD STRATEGIC PLAN
T6 PLAN
•Tackling Crime
•Training/Employee
Wellness
•Tourism
•Trust
•Technology/
Infrastructure
•Traffic Safety
| 9
TACKLING
CRIME
| 10 CPD STRATEGIC PLAN
TACKLING CRIME
•Precision Policing Approach
Data/Pattern Driven. Focus is on Prolific
Offenders, Nuisance Locations or
Problematic Events.
Your Zone, Your Responsibility. Officers are
the Chiefs in Their Zone of Responsibility.
Problem Solving. It is Stressed at the
Lowest Level of the Organization.
| 11 CPD STRATEGIC PLAN
TACKLING CRIME
Armed Offender Initiative. Increase
Firearms-Related Convictions of Prolific
Offenders, Gang Members and Convicted
Felons.
Creation and Utilization of Community
Problem Response Teams/Special
Enforcement Unit.
Burglary Project: R.I.D. Create New
“Lock, Take, Secure” Education
Campaigns.
| 12 CPD STRATEGIC PLAN
TACKLING CRIME
Nuisance Property Abatement Initiative.
Combat Problem Properties.
Lethality Assessment. Domestic Violence
Prevention.
Excellence in
Sexual Assault
Investigation
Training.
| 13
TRAINING &
EMPLOYEE
WELLNESS
| 14 CPD STRATEGIC PLAN
TRAINING & EMPLOYEE WELLNESS
•Our Theme is Training = Success
•Improve “Near-Miss” and “After-Action”
Analysis through Employee-Based Committee.
•Scenario-Based Training Program.
•Implement “2, 10, 20” Program:
•2 Years – 4 Hours of Financial/Retirement
Planning
•10 Years – Nutritional/Fitness Assessment
•20 Years – “Operation: Restore”
| 15 CPD STRATEGIC PLAN
TRAINING & EMPLOYEE WELLNESS
•Pathways to Promotion/Assignments:
Structured Development Plan for Each
Promotion Rank and Certain Specialty
Positions.
•Employee Wellness:
Promote Safety and Wellness at Every Level.
Wellness Coordinator Specifically for CPD.
•Improve Tactical First-Aid Training And
Equipment.
| 16
TOURISM
| 17 CPD STRATEGIC PLAN
TOURISM
•Policing Strategy for a Revitalized Downtown and
Imagine Clearwater.
•Real-Time Crime Center Implementation.
•Expanding Public/Private Partnerships to Allow
for Shared Surveillance System Access, Ensuring
Rapid and Informed Response.
•Assessment of Potential Soft/Vulnerable Targets
Within the City.
•Response Plan Development & Training.
•Upgrade/Replace Hazard Response Equipment.
| 18
TRUST
| 19 CPD STRATEGIC PLAN
TRUST
•The Department
Emphasizes a
“Community Champion”
Mindset, which Focuses
on Engagement,
Problem Solving and
Targeting Criminal
Elements that Prey on
Their Community.
| 20 CPD STRATEGIC PLAN
TRUST
•Procedural Justice Components of Department
Training & Community Education.
Guard Against Bias.
Sharing Policing Data with Public.
Sharing Discipline Data with Public.
Treating Officers Fairly Improves Officer
Attitudes and Performance.
| 21 CPD STRATEGIC PLAN
TRUST
•Reformatting FTO, Evaluation, Promotional
Processes to Evaluate Problem-Solving &
Neighborhood Policing Activity.
•Improve Response Strategies to Vulnerable
Populations (Mentally Ill, Special Needs
Children/Adults).
•Formalize Relationship with Research Institution,
to Build Effective & Prudent Crime Reduction
Strategies, which Reduce Collateral Damage.
•Extend Outreach Efforts to Immigrant
Communities (Refugee Relocation) in the City.
| 22 CPD STRATEGIC PLAN
TRUST
•“Park, Walk, Talk” Program Will Continue To Be
a Critical Component (Non-Enforcement
Police/Community Interactions in the
Communities of the Most Need):
Community Connection Between Police and
Community.
Gather Information About Crime Activity in the
Community.
Problem-Solving.
Fear Reduction.
| 23
TECHNOLOGY &
INFRASTRUCTURE
| 24 CPD STRATEGIC PLAN
TECHNOLOGY & INFRASTRUCTURE
•Smartphones for All Sworn Employees,
Streamline Processes to Leverage Attributes of a
Millennial Workforce.
•Strategic Utilization of LPR Technology.
•Replace District Three Station Through CIP to
Meet Needs of a District Three Operations
Center, Training Campus & Employee Shelter for
Natural Disasters.
•Continue Examination of Mobile User
Environment.
| 25 CPD STRATEGIC PLAN
TECHNOLOGY & INFRASTRUCTURE
•In-Car Video for Future Patrol Vehicles.
•Computerized Testing on Policy/Scenario
Encounters, Providing Context for Governance
Policies.
•Implement NIBRS (UCR) Reporting.
•Implement FIRSTNET Compliance Measures.
•Next Gen911 (Text, Multimedia, etc).
| 26
TRAFFIC
SAFETY
| 27 CPD STRATEGIC PLAN
TRAFFIC SAFETY
•Create Agency-Wide Traffic Enforcement and
Citizen Education Campaign. Establish a
Management-Level Department Coordination.
•Reduce Traffic and Pedestrian Fatalities and
Crash-Related Injuries.
•Work with Traffic Engineering to Implement
Engineering-Based Solutions to Traffic and
Pedestrian Concerns.
•Improve DRE Training to Prepare Response to
Potential Cannabis Legalization/Availability.
| 28
QUESTIONS?
| 29
CLEARWATER
POLICE DEPT.
Strategic Plan
2017-2022
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4184
Agenda Date: 12/21/2017 Status: Agenda ReadyVersion: 1
File Type: MinutesIn Control: City Council
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve the minutes of the December 7, 2017 City Council Meeting as submitted in written
summation by the City Clerk.
SUMMARY:
Page 1 City of Clearwater Printed on 12/20/2017
City Council Meeting Minutes December 7, 2017
Page 1
City of Clearwater
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Meeting Minutes
Thursday, December 7, 2017
7:00 PM
Council Chambers
City Council
Draft
City Council Meeting Minutes December 7, 2017
Page 2
City of Clearwater
Roll Call
Present: 5 - Mayor George N. Cretekos, Vice Mayor Hoyt Hamilton,
Councilmember Doreen Caudell, Councilmember Bob Cundiff and
Councilmember Bill Jonson
Also Present: William B. Horne II – City Manager, Jill Silverboard – Deputy City Manager, Micah Maxwell – Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk and Nicole Sprague – Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
Unapproved
1. Call to Order – Mayor Cretekos
The meeting was called to order at 7:00 p.m. at City Hall. 2. Invocation – Mayor Cretekos 3. Pledge of Allegiance – Councilmember Cundiff
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 Item Pulled.
4.2 2017 Carol Easterling Award Recipient- Central Region
Hunter Hughes provided a video presentation and presented Jennifer Hayes
with the 2017 Carol Easterling Award.
4.3 ARC Festival of Trees - Madison Orr Hauenstein, Executive Director, The Arc
Ms. Orr thanked Council and staff for their continued support and efforts.
She provided Councilmembers a handmade ornament as a token of
appreciation.
4.4 Environmental Advisory Board Presentation - Jared Leone, EAB Chair
Mr. Leone reviewed the Board’s accomplishments for the past year and
topics of interest for the upcoming year. Draft
City Council Meeting Minutes December 7, 2017
Page 3
City of Clearwater
4.5 Library Board Update - Barbara Blakely, Library Board Chair
Ms. Blakely reviewed the Board’s accomplishments for the past year and
thanked Council and staff for their continued support and efforts.
5. Approval of Minutes
5.1 Approve the minutes of the November 16, 2017 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Jonson moved to approve the minutes of the
November 16, 2017 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
Boyd Hall expressed concern with the City's increased water fee, which
has been raised three times during the last 1.5 years, and stated that the
City failed two EPA inspections. He questioned the City's water
conservation efforts.
7. Consent Agenda – Approved as submitted.
7.1 Approve participation and subscription in the ISO ClaimSearch for Non-Insurers
Database effective January 1, 2018 through December 31, 2018, pursuant to City Code
Section 2.564 (l) (i), services associated with Risk Management Casualty and Liability
claims services; approve a not-to-exceed total of $10,000 for the annual membership fee
and as-needed claim search fees; and authorize the appropriate officials to execute
same. (consent)
7.2 Authorize a Purchase Order to WescoTurf, Inc., of Sarasota, Florida, in the amount of
$14,560 for mower equipment purchase less trade-in of mower ($30,460 less trade in
value of $15,900), in accordance with City Code of Ordinances 2.624(6) Exceptions to
Sale of Surplus Property and 2.564(1)(d) Other Government Entities Bids, and authorize
the appropriate officials to execute same. (consent)
7.3 Award a construction contract to Keystone Excavators, Inc. of Oldsmar, Florida, in the
amount of $3,126,188.51 for Druid Trial Phase IV (04-0021-PR) and authorize the
appropriate officials to execute same. (consent)
7.4 Award a Blanket Purchase Order to Encore Broadcast Systems, Inc. of Tampa, FL, in the
amount of $563,000 for the purchase of advanced audio-video equipment for Main Draft
City Council Meeting Minutes December 7, 2017
Page 4
City of Clearwater
Library, Fire Station 45, Police sites, Public Utilities sites, and General Services;
increase the budget in capital improvement project 315-94890, Advanced Enterprise
Audio Visual R and R by $563,000 and authorize the appropriate officials to execute
same. (consent)
7.5 Approve the purchase of HVAC replacement and repair parts in the amount of $300,000
for Fiscal Year 2017/18, to vendors as listed, in accordance with City Code of
Ordinances Section 2.564(1)(d) Other Government Entities Bids, to include other sourced
vendors as required, and authorize the appropriate officials to execute same. (consent)
7.6 Approve a proposal from Construction Manager at Risk, Khors Construction, Inc. of
Thonotosassa, FL, in the amount of $375,267.19 for improvements to Pier 60 - Project
KC-1801 and authorize the appropriate officials to execute same. (consent)
7.7 Approve a Purchase Order with Pasco Investment Land, LLC, in the amount of $600,000
for payment of Energy Conservation Allowances and authorize the appropriate officials to
execute same. (consent)
7.8 Approve Walbridge Aldinger of Tampa, FL as the Construction Manager (CM) at Risk
firm for the Clearwater Gas System Facility Redevelopment Project (15-0043-GA);
authorize the guaranteed maximum price (GMP) of $23,359,100 to Walbridge Aldinger,
and authorize the appropriate officials to execute same. (consent)
7.9 Approve Brownfield Site Rehabilitation Agreement (BSRA) BF529701006 for the
property located at 400 N. Myrtle Avenue, Clearwater, Florida, formerly known as the
Clearwater Manufactured Gas Plant (MGP), parcel 09-29-15-74052-000-0020, located
within the designated Clearwater Brownfields Area and authorize the appropriate officials
to execute same. (consent)
7.10 Authorize a Work Order to Kimley-Horn and Associates, Inc. of Tampa, Florida in the
amount of $125,000.00 to prepare a Complete Streets Concept Plan for the City of
Clearwater, and authorize the appropriate officials to execute same. (consent)
7.11 Authorize a Work Order to Kimley-Horn and Associates, Inc., of Tampa, Florida, in the
amount of $75,000, to prepare a Complete Streets Concept Plan for Drew Street from
North Osceola Avenue to US Highway 19, and authorize the appropriate officials to
execute same. (consent)
7.12 Appoint Candace Gardner to the Environmental Advisory Board with a term to expire
December 31, 2021. (consent)
7.13 Appoint Linda Kemp and Carmen Santiago to the Neighborhood and Affordable Housing
Advisory Board (NAHAB) for the Banking/Mortgage industry and the Clearwater resident Draft
City Council Meeting Minutes December 7, 2017
Page 5
City of Clearwater
special qualifications with terms to expire November 30, 2021. (consent)
7.14 Request for authority to file a probate case to administer an estate in the matter of
Doretha Carson Leverson. (consent)
Councilmember Caudell 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 Declare surplus for the purpose of sale, through Invitation to Bid 05-18, real property
formerly used as city right-of-way located in Section 17, Township 29 South, Range 16
East whereby the successful bidder will assemble the property with meaningful
development with an express prohibition against the parcel becoming an uneconomic
remainder.
November 12, 1968, the City of Clearwater acquired this strip of land, which
runs along the east side of Thornton Road, to use for Right-of-Way purposes.
The adjacent property owner expressed interest in acquiring this piece of land to
support the parking lot on their site.
This strip of land runs along the east side of Thornton Road and is
approximately 10 ft. by 900 ft. Its size and shape impose limitations on potential
land uses. Any meaningful development of the property will require the use of
adjacent lands.
An independent appraisal was performed on the property on April 20, 2017 by
Jim Millspaugh and Associates. This appraisal report determined that the fair
market value is $230,000. Per City Charter 2.01, real property declared surplus
shall be sold to the party submitting the highest competitive bid above the
appraised value whose bid meets the terms set by City Council and whose
proposed use of the property is in accordance with the Council’s stated purpose
for declaring the property surplus.
Real Estate Coordinator Jim Benwell said the starting bid will have to
exceed the appraised value.
Councilmember Cundiff moved to declare surplus for the purpose
of sale, through Invitation to Bid 05-18, real property formerly used
as city right-of-way located in Section 17, Township 29 South, Draft
City Council Meeting Minutes December 7, 2017
Page 6
City of Clearwater
Range 16 East whereby the successful bidder will assemble the
property with meaningful development with an express prohibition
against the parcel becoming an uneconomic remainder. The motion
was duly seconded and carried unanimously.
8.2 Approve the First Amendment to the 2016 Affordable Housing Inventory List pursuant to
requirements of Chapter 166.0451, Florida Statutes, adopt Resolution 17-38 and
authorize the appropriate officials to execute same.
The 2006 Legislature amended Chapter 166, Florida Statutes, adding Section
166.0451 entitled "Disposition of municipal property for affordable housing." The
state statute includes that the governing body of each municipality must review
the proposed affordable housing inventory list at a public hearing, and may
revise the list at the conclusion of the hearing. Following the public hearing, the
local governing body must adopt a resolution that includes an inventory list of
such property deemed appropriate for affordable housing development.
On June 16, 2016, the City Council adopted Resolution 16-14, the 2016
Affordable Housing Inventory to identify seven City-owned parcels of land
appropriate for use as affordable housing. The City has identified two additional
parcels of land making it a total of nine parcels to which it has title as
appropriate for use as affordable housing.
The two additional properties are located at 1415 Taft Avenue, acquired by the
City in 2001 and 404 Blanche B. Littlejohn Trail acquired in 2015. Both
properties were acquired at no cost to the City.
In response to a question, Economic Development and Housing
Assistant Director Chuck Lane said the 1164 La Salle property is a
stormwater property and not suitable for housing.
Vice Mayor Hamilton moved to approve the First Amendment to the
2016 Affordable Housing Inventory List pursuant to requirements of
Chapter 166.0451, Florida Statutes and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
Resolution 17-38 was presented and read by title only.
Councilmember Jonson moved to adopt Resolution 17-38. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson Draft
City Council Meeting Minutes December 7, 2017
Page 7
City of Clearwater
8.3 Approve the City of Clearwater’s Fiscal Year 2016-2017 Consolidated Annual
Performance and Evaluation Report (CAPER).
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
Partnership (HOME) programs to the U.S. Department of Housing and Urban
Development (HUD). For Fiscal Year (FY) 2016-2017, the City’s entitlement
allocation was $667,634 in CDBG and $285,238 in HOME Program funds,
$954,041 of Prior Year funds and $1,147,951 of Program Income for a total
budget of $3,054,864 from federal funds.
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.
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 Program is also included in
the narrative section; however, these numbers are not included in the totals
below.
Through the CDBG and HOME program activities, total expenditures were
$1,629,332 in FY 2016-2017, which included program income and funding from
the prior year reprogrammed funds. Those funds not expended from this year’s
budget will be programmed in future years.
The City of Clearwater’s FY 2016-2017 CAPER contains information on the
City’s assessment of the following activities:
- Assessment of Four 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
Over 2,200 persons were assisted through Community Development and Draft
City Council Meeting Minutes December 7, 2017
Page 8
City of Clearwater
Public Services, Homelessness, Housing, Non-Homeless Special Needs, and
Economic Development activities during FY16-17.
A brief summary of FY 2016-2017 accomplishments are:
- Provided thirteen down payment and closing cost assistance loans
totaling $137,959.
- Provided the Arc of Tampa Bay $99,500 for the rehabilitation and upgrading
of their rehabilitation room and upgrading of doors at the Long Center.
- Provided $29,950 for the rehabilitation of two owner occupied homes.
- Provided $265,875 of funding toward the construction of Garden Trail
Apartments.
- Provided Community Services Foundation $105,721 for the rehabilitation of
Fulton Avenue Apartments.
- Provided $296,568 to Habitat for Humanity of Pinellas County for the
construction of six single-family homes.
- Provided $268,587 for the acquisition and rehabilitation of two single family
homes.
The City’s Neighborhood and Affordable Housing Advisory Board recommended
City Council approval of the FY 2016-2017 CAPER at their meeting on
November 28, 2017. The CAPER is due to HUD no later than December 30,
2017.
Housing Manager Joe Riddle provided a PowerPoint presentation.
Councilmember Cundiff moved to approve the City of Clearwater’s
Fiscal Year 2016-2017 Consolidated Annual Performance and
Evaluation Report (CAPER). The motion was duly seconded and
carried unanimously.
8.4 Accept the 2017 Local Housing Incentive Strategy (LHIS) Report developed by the
Affordable Housing Advisory Committee (AHAC).
Florida Statute Section 420.9076 states that counties and cities receiving State
Housing Initiatives Partnership (SHIP) program funds are required to appoint an
eleven member Affordable Housing Advisory Committee (AHAC). The statute
further provides that the committee be made up of members from a specific
industry or a specific group as identified in the statute. The requirement was
largely met through the use of the City’s existing Neighborhood and Affordable
Housing Advisory Board (NAHAB). The City Council adopted Resolution 17-34
that created and appointed the AHAC.
The duties of the AHAC included reviewing policies and procedures,
ordinances, land development regulations and the City’s adopted
comprehensive plan and recommending specific actions or initiatives to Draft
City Council Meeting Minutes December 7, 2017
Page 9
City of Clearwater
encourage or facilitate affordable housing.
Per state statute, at a minimum, the AHAC reviewed and made
recommendations on the following:
(a) The processing of approvals of development orders or permits, as
defined in F.S.163.3164 (7) and (8), for affordable housing projects is
expedited to a greater degree than other projects.
(b) The modification of impact-fee requirements, including reduction or
waiver of fees and alternative methods of fee payment for affordable
housing.
(c) The allowance of flexibility in densities for affordable housing.
(d) The reservation of infrastructure capacity or housing for very-low income
persons, low-income persons, and moderate-income persons.
(e) The allowance of affordable accessory residential units in residential
zoning districts.
(f) The reduction of parking and setback requirements for affordable
housing.
(g) The allowance of flexible lot configurations, including zero-lot-line
configurations for affordable housing.
(h) The modification of street requirements for affordable housing.
(i) The establishment of a process by which a local government considers,
before adoption, policies, procedures, ordinances, regulations, or
plan provisions that increase the cost of housing.
(j) The preparation of a printed inventory of locally owned public lands
suitable for affordable housing.
(k) The support of development near transportation hubs and major
employment centers and mixed-use developments.
In August 2017, the Economic Development and Housing Department
contracted with Wade Trim, Inc. to help facilitate the process. Wade Trim
coordinated the preparation of the Local Housing Incentive Strategy report in
cooperation with the City’s staff and the AHAC. The LHIS encompasses the
definition, vision, strategic focus areas and incentive recommendations in order
to facilitate the development and preservation of affordable housing in the City of
Clearwater. The AHAC convened on three separate occasions in order to
develop and identify the value of affordable housing, identify the principles for
Clearwater’s affordable housing and develop a vision statement to be included
as part of the LHIS.
The report highlights an affordable housing vision statement that was derived
from input by committee members. Additionally, the AHAC members focused
on the values that affordable housing brings to the City of Clearwater. The
themes identified centered on the values that affordable housing supports a
dynamic and competitive economy, improves the social well being that builds a
sense of community, and ensures that the City’s workforce can live within the
city limits.
Draft
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City of Clearwater
Furthermore, the AHAC also discussed and confirmed the principles that the
provisions of affordable housing in the City of Clearwater should embrace:
affordability over the long term, diversity that provides for a mix of income levels,
sustainability, accessibility for persons with physical barriers, well-designed, in
character with the surrounding neighborhood, strategically-located, and
pedestrian-oriented with access to mass transit and open space.
In summary, the report recommends the City continues in large part the
strategies, with minor changes and clarifications, from the 2014 LHIS Report.
One new recommendation was added for Council consideration:
(1) Recommendation 10.4 - The Economic Development and Housing
Department should coordinate with the Planning and Development
Department to identify properties having repeat code violations that may
be suitable for rehabilitation, acquisition or demolition for affordable
housing.
(2) The LHIS report is due every three years on December 31st of the year
preceding the submission of the Local Housing Assistance Plan (LHAP).
The report must be submitted to the City Council by December 31,
2017.
The City Council is being asked to review the LHIS recommendations that were
approved by the AHAC on November 28, 2017. By March 31, 2018, the City
Council will be asked to adopt an amendment to the LHAP to incorporate the
strategies it will implement for the City. The amendment must include, at a
minimum, the State required incentive strategies specified above.
Upon acceptance, the City of Clearwater is required to notify the State of its
adoption of an amendment to its LHAP to incorporate the incentive strategies.
The notice must also include a copy of the approved amended plan in order to
comply with the SHIP programs participation guidelines.
Vice Mayor Hamilton moved to accept the 2017 Local Housing
Incentive Strategy (LHIS) Report developed by the Affordable
Housing Advisory Committee (AHAC). The motion was duly
seconded and carried unanimously.
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 9062-17 on second reading, approving amendments to the Clearwater
Comprehensive Plan Utilities Element to address the City of Clearwater’s Potable Water
Supply Facilities Work Plan (2016-2026 Planning Period). (CPA2017-06002)
On August 17, 2017, the Clearwater City Council approved on first reading
amendments to the Clearwater Comprehensive Plan to include updated
information based on the recent update to the Potable Water Supply Facilities Draft
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City of Clearwater
Work Plan (2016-2026) (Work Plan) completed by Tetra Tech, Inc. As required
by Florida Statutes, the proposed text amendments and the Work Plan were
submitted to the Florida Department of Economic Opportunity (DEO) and other
required State agencies and Pinellas County for review and comment.
The Planning and Development Department received responses from DEO,
Florida Department of Transportation, Florida Department of Environmental
Protection, and Pinellas County stating they had no comments on and/or
objections to the proposed amendments and Work Plan. Staff received
comments from the Southwest Florida Water Management District (SWFWMD)
requesting that additional information be included within the Work Plan to fully
address the statutory requirements. However, no changes to the proposed
comprehensive plan amendments were required.
Engineering Department staff coordinated with Tetra Tech, Inc. to address the
SWFWMD’s comments within the Work Plan.
Ordinance 9062-17 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 9062-17 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.2 Adopt Ordinance 9042-17 on second reading, amending the Community Development
Code pertaining to Medical Marijuana.
In response to questions, the City Attorney said Clearwater has an existing
dispensary; the City cannot ban the dispensary that has been approved. She
said staff could research banning future dispensaries. Assistant City Attorney
Camilo Soto said the Community Development Board would make the
determination if the dispensary could be located at least 500 ft. from a school
under a Level 2 approval. The State of Florida requires a waiver if the
dispensary is located within 500 ft. of a school. Mr. Soto said there are
licensees that can open dispensaries within regions, which is currently
limited to seven but can increase based on population growth.
Ordinance 9042-17 was presented and read by title only.
Councilmember Caudell moved to adopt Ordinance 9042-17 on second
and final reading. The motion was duly seconded and carried by the
following vote: Draft
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City of Clearwater
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.3 Adopt Ordinance 9048-17 on second reading, amending the City’s Comprehensive Plan
in accordance with Florida Senate Bill 1094 (2015) “Peril of Flood Act.”
Ordinance 9048-17 was presented and read by title only.
Councilmember Cundiff moved to adopt Ordinance 9048-17 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.4 Adopt Ordinance 9066-17 on second reading, annexing certain real property whose post
office address is 921 Berkley Place, Clearwater, Florida 33765, together with certain
rights-of-way of Berkley Place and Palmetto Street, into the corporate limits of the city
and redefining the boundary lines of the city to include said addition.
Ordinance 9066-17 was presented and read by title only. Vice Mayor
Hamilton moved to adopt Ordinance 9066-17 on second and final
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.5 Adopt Ordinance 9067-17 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 921 Berkley Place, Clearwater, Florida 33765, upon
annexation into the City of Clearwater, as Residential Urban (RU).
Ordinance 9067-17 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 9067-17 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.6 Adopt Ordinance 9068-17 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 921 Berkley Place, Clearwater,
Florida 33765, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR). Draft
City Council Meeting Minutes December 7, 2017
Page 13
City of Clearwater
Ordinance 9068-17 was presented and read by title only.
Councilmember Caudell moved to adopt Ordinance 9068-17 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.7 Adopt Ordinance 9069-17 on second reading, annexing certain real properties whose
post office addresses are 901, 911, and 917 Glen Oak Avenue East, 3025 and 3061
Glen Oak Avenue North, 3026 Grand View Avenue, 3046 and 3053 Hoyt Avenue, 3065
and 3071 Merrill Avenue, 911 Moss Avenue, and two unaddressed parcels more
appropriately known as Lake Louise and Lake Carol, all in Clearwater, Florida, 33759,
into the corporate limits of the city and redefining the boundary lines of the city to include
said addition.
Ordinance 9069-17 was presented and read by title only.
Councilmember Cundiff moved to adopt Ordinance 9069-17 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.8 Adopt Ordinance 9070-17 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real properties
whose post office addresses are 901, 911, and 917 Glen Oak Avenue East, 3025 and
3061 Glen Oak Avenue North, 3026 Grand View Avenue, 3046 and 3053 Hoyt Avenue,
3065 and 3071 Merrill Avenue, 911 Moss Avenue, and two unaddressed parcels more
appropriately known as Lake Louise and Lake Carol, all in Clearwater, Florida, 33759,
upon annexation into the City of Clearwater, as Residential Low (RL) and Water Drainage
Feature Overlay.
Ordinance 9070-17 was presented and read by title only. Vice Mayor
Hamilton moved to adopt Ordinance 9070-17 on second and final
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.9 Adopt Ordinance 9071-17 on second reading, amending the Zoning Atlas of the city by
zoning certain real properties whose post office addresses are 901, 911, and 917 Glen Draft
City Council Meeting Minutes December 7, 2017
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City of Clearwater
Oak Avenue East, 3025 and 3061 Glen Oak Avenue North, 3026 Grand View Avenue,
3046 and 3053 Hoyt Avenue, 3065 and 3071 Merrill Avenue, 911 Moss Avenue, and two
unaddressed parcels more appropriately known as Lake Louise and Lake Carol, all in
Clearwater, Florida, 33759, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
Ordinance 9071-17 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 9071-17 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.10 Adopt Ordinance 9080-17 on second reading, annexing certain real property whose post
office address is 1712 Evans Drive, Clearwater, Florida 33759 into the corporate limits
of the city and redefining the boundary lines of the city to include said addition.
Ordinance 9080-17 was presented and read by title only.
Councilmember Caudell moved to adopt Ordinance 9080-17 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.11 Adopt Ordinance 9081-17 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 1712 Evans Drive, Clearwater, Florida 33759, upon
annexation into the City of Clearwater, as Residential Low (RL) and Drainage Feature
Overlay.
Ordinance 9081-17 was presented and read by title only.
Councilmember Cundiff moved to adopt Ordinance 9081-17 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.12 Adopt Ordinance 9082-17 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1712 Evans Drive, Clearwater,
Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
Ordinance 9082-17 was presented and read by title only. Vice Mayor Draft
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Page 15
City of Clearwater
Hamilton moved to adopt Ordinance 9082-17 on second and final
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.13 Adopt Ordinance 9083-17 on second reading, annexing certain real properties whose
post office addresses are 900 Glen Oak Avenue East, 3024, 3030, 3031, and 3055 Glen
Oak Avenue North, 3058 Grand View Avenue, 3013 Lake Vista Drive, 701, 708, and 906
Moss Avenue, and 3063 and 3069 Terrace View Lane, all in Clearwater, Florida, 33759,
into the corporate limits of the city and redefining the boundary lines of the city to include
said addition.
Ordinance 9083-17 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 9083-17 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.14 Adopt Ordinance 9084-17 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real properties
whose post office addresses are 900 Glen Oak Avenue East, 3024, 3030, 3031, and
3055 Glen Oak Avenue North, 3058 Grand View Avenue, 3013 Lake Vista Drive, 701,
708, and 906 Moss Avenue, and 3063 and 3069 Terrace View Lane, all in Clearwater,
Florida, 33759, upon annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 9084-17 was presented and read by title only.
Councilmember Caudell moved to adopt Ordinance 9084-17 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.15 Adopt Ordinance 9085-17 on second reading, amending the Zoning Atlas of the city by
zoning certain real properties whose post office addresses are 900 Glen Oak Avenue
East, 3024, 3030, 3031, and 3055 Glen Oak Avenue North, 3058 Grand View Avenue,
3013 Lake Vista Drive, 701, 708, and 906 Moss Avenue, and 3063 and 3069 Terrace
View Lane, all in Clearwater, Florida, 33759, upon annexation into the City of Clearwater,
as Low Medium Density Residential (LMDR).
Draft
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Page 16
City of Clearwater
Ordinance 9085-17 was presented and read by title only.
Councilmember Cundiff moved to adopt Ordinance 9085-17 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.16 Adopt Ordinance 9086-17 on second reading, annexing certain real property whose post
office address is 1758 Lucas Drive, Clearwater, Florida 33759 into the corporate limits of
the city and redefining the boundary lines of the city to include said addition.
Ordinance 9086-17 was presented and read by title only. Vice Mayor
Hamilton moved to adopt Ordinance 9086-17 on second and final
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.17 Adopt Ordinance 9087-17 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 1758 Lucas Drive, Clearwater, Florida 33759, upon
annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 9087-17 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 9087-17 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.18 Adopt Ordinance 9088-17 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1758 Lucas Drive, Clearwater,
Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
Ordinance 9088-17 was presented and read by title only.
Councilmember Caudell moved to adopt Ordinance 9088-17 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson Draft
City Council Meeting Minutes December 7, 2017
Page 17
City of Clearwater
9.19 Adopt Ordinance 9089-17 on second reading, annexing certain real property whose post
office address is 1302 South Duncan Avenue, Clearwater, Florida 33756, together with
certain right-of-way of South Duncan Avenue, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
Ordinance 9089-17 was presented and read by title only.
Councilmember Cundiff moved to adopt Ordinance 9089-17 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.20 Adopt Ordinance 9090-17 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 1302 South Duncan Avenue, Clearwater, Florida 33756,
upon annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 9090-17 was presented and read by title only. Vice Mayor
Hamilton moved to adopt Ordinance 9090-17 on second and final
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.21 Adopt Ordinance 9091-17 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1302 South Duncan Avenue,
Clearwater, Florida 33756, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
Ordinance 9091-17 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 9091-17 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
10. City Manager Reports
10.1 Approve Mutual License and Use Agreement between the City of Clearwater (City) and
BW CW Hospitality LLC (BWCW) of Houston Texas to allow for the construction of a Draft
City Council Meeting Minutes December 7, 2017
Page 18
City of Clearwater
pedestrian overpass by BWCW from the BWCW property over City Right-of-Way to City
property known as Beach Walk and authorize the appropriate officials to execute same. Item Pulled.
BWCW desires to install a pedestrian overpass from their multistory hotel
development currently know as the Hyatt on Clearwater Beach over S. Gulfview
Blvd. ROW to Beach Walk. This overpass will allow pedestrians to access
Clearwater Beach directly from the parking garage and BWCW property without
having to cross S. Gulfview Blvd.
As part of the Development Agreement between the City and BWCW, they
were responsible to provide a minimum of 400 publicly accessible parking
spaces. Persons parking in these spaces must cross S. Gulfview Blvd. to
access Beach Walk and Clearwater Beach.
BWCW will be responsible for all costs of and construction of the new overpass
structure and amenities; as well as all future maintenance and upkeep of the
structure. Construction of the overpass must begin within two years and
completed within eight months of the commencement date of the construction.
BWCW agrees to maintain 400 public parking spaces, to not exclude the public
from the access and use of the overpass and public parking spaces and to
continue to maintain the overpass according to Overpass Standards, set forth
in the agreement.
The City may terminate the agreement for a greater public purpose or in the
event BWCW does not comply with the conditions set forth in the agreement.
The City Attorney said the Applicant requested Item 10.1 be pulled from
today's agenda. The item will come back to Council at a future date.
10.2 Ratify and confirm an Interlocal Agreement between Pinellas County and its NPDES
Co-Permittees for the Implementation and Operation of a Surface Water Quality and
Biological Monitoring Program; approve the First Amendment to the Interlocal Agreement
between Pinellas County and NPDES MS4 Co-Permittees for Water Quality and
Biological Monitoring and authorize the appropriate officials to execute same.
This interlocal agreement covers the surface water quality monitoring and
biological monitoring program administered by Pinellas County. This agreement
was originally signed by the City Engineer in 2013, but similar agreements for
monitoring have been in place since 2002. The monitoring program is a
requirement of the stormwater permit issued by the Florida Department of
Environmental Protection.
The City is responsible for 12.05% of the total costs, which is based on
acreage.
The amendment to the agreement is a time extension only and is in effect until Draft
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Page 19
City of Clearwater
2020.
Councilmember Caudell moved to ratify and confirm an Interlocal
Agreement between Pinellas County and its NPDES Co-Permittees
for the Implementation and Operation of a Surface Water Quality and
Biological Monitoring Program; approve the First Amendment to the
Interlocal Agreement between Pinellas County and NPDES MS4
Co-Permittees for Water Quality and Biological Monitoring and
authorize the appropriate officials to execute same. The motion was
duly seconded and carried unanimously.
11. City Attorney Reports – None. 12. Other Council Action – None. 13. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Jonson recognized the passing of former Council Assistant
Carolyn Brink. He said he noticed the decorative street lights on Cleveland
Street still utilize the sodium vapor bulbs instead of the new LED bulbs. He
spent the day in Orlando at the Florida League of Cities Legislative
Conference and emphasized the importance of Council to explain the impact
of legislation to the legislators. He was impressed to learn that Mayor
Cretekos was elected to the Florida League of Mayors board and it is great
to have Clearwater as part of that leadership. He commented on the traffic
in Orlando and Tampa and emphasized the importance of safety on the
roadway during the holiday season.
Vice Mayor Hamilton remembered former Council Assistant Carolyn
Brink. He said he was looking forward to the cooler weather arriving and
urged all to be careful on the water during the Holiday Boat Parade.
Councilmember Cundiff said today is Pearl Harbor Day and that as a high
school newspaper editor, he had the opportunity to interview an alum who
was alive during that time. He thanked the Veterans and all those who
served bravely over the years and said the price of freedom is eternal
vigilance.
Councilmember Caudell expressed sympathies to families of all employees
and former employees who passed away this year. She echoed comments
made during the Festival of Trees presentation and the ARC's annual theme
to smile. She encouraged all to slow down and take a moment and try to
smile as much as possible. She said there is a Jeeps and Brews event
taking place in downtown on Saturday and proceeds will help support
Clearwater Firefighters.
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Page 20
City of Clearwater
14. Closing Comments by Mayor
Mayor Cretekos reviewed recent and upcoming events, encouraged all to be
grateful for living in Clearwater and to donate time, money or talent to
community members in need.
15. Adjourn
The meeting adjourned at 8:17 p.m.
Mayor City of Clearwater Attest City Clerk Draft
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4164
Agenda Date: 12/21/2017 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Declare surplus for the purpose of sale, through Invitation to Bid 09-18, real property located in
Hillsborough County formerly used by the City of Clearwater for dumping treated sludge and
dredged materials whereby the successful bid meets the terms set by Council.
SUMMARY:
This property is roughly 425 acres and is located in Keystone, Florida, which is an
unincorporated area of Hillsborough County. It is comprised of three abutting parcels whose
Hillsborough County folio numbers are 001688-0000, 001689-0000, and 001697-0000.
This land was acquired by the City of Clearwater in 1982 for the purpose of disposing treated
sludge from the City’s wastewater treatment plant. This site was used again from 2009 to 2014
for discarding dredged materials as a part of Stevenson Creek Restoration Project. The
property is no longer needed for City operations.
The property has been managed by Robert and Patricia Smith since the property was acquired
in 1982 under a series of management agreements with the City. The current management
agreement between the City and Mr. & Mrs. Smith was entered into on March 23, 2016 and is
set to expire on March 28, 2021. No money is exchanged in this agreement; Mr. and Mrs. Smith
manage the property in exchange for being allowed to raise cattle on the property. Either party
has the right to terminate this agreement, at anytime, upon providing ninety days notice.
Two independent appraisals were performed on the property on August 18, 2017 by Trigg,
Catlett & Associates and on September 19, 2017 by Urban Economics, Inc. The appraised
values were $6,450,000 and $2,727,400 respectively. The discrepancy in values is the result of
the two appraisers using different potential layouts for the site and sales comparisons during
their valuation.
Per City Charter 2.01, real property declared surplus shall be sold to the party submitting the
highest competitive bid above the appraised value whose bid meets the terms set by the
Council and whose proposed use of the property is in accordance with the Council’s stated
purpose for declaring the property surplus. Accordingly, all qualifying bids must meet the
following terms:
·The bid price shall exceed $6,450,000.
·The successful bidder will hold harmless, release and indemnify the City for any
existing environmental conditions.
No representation in made as to environmental problems on the property although historic uses
of the property and surrounding lands may compel a buyer to conduct an environmental site
assessment.
Page 1 City of Clearwater Printed on 12/20/2017
File Number: ID#17-4164
Page 2 City of Clearwater Printed on 12/20/2017
Pinellas County Hillsborough County
City of Clearwater
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Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
CITY OWNED PROPERTY in HILLSBOROUGH COUNTY
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Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
CITY OWNED PROPERTY in HILLSBOROUGH COUNTY
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Hillsborough
County Florida
REAL ESTATE & FACILITIES SERVICES
PO Box 1110 Tampa, FL 33601 -1110
813) 272 -5810 I Fax: (813) 272 -5597
EXPRESS MAIL
and via email
December 15, 2017
Charles Lane
Assistant Director
Economic Development & Housing
City of Clearwater
112 S Osceola Avenue
Clearwater, Florida 33756
RE: Folios 1696.0000, 1688.0000, 1689.0000 / City of Clear water Property
Brooker Creek Buffer Preserve Addition, Project# 2016 -028
Dear Mr. Lane:
BOARD OF COUNTY
COMMISSIONERS
Victor D. Crist
Ken Hagan
Al Higginbotham
Pat Kemp
Lesley "Les" Miller, Jr.
Sandra L. Murman
Stacy R. White
COUNTY ADMINISTRATOR
Michael S. Merrill
COUNTY ATTORNEY
Chip Fletcher
INTERNAL AUDITOR
Peggy.Caskey
We appreciate your cooperation during our consideration ofthe referenced property owned by the City
of Clearwater (City) for preservation through the County's Jan K. Platt Environmental Lands
Acquisition and Protection Program (ELAPP). The approximate boundary of this four hundred
twenty -five (425) acre property is shown on the enclosed aerial photograph.
We have been working closely with your office for more than a year in an effort to have open and fair
negotiations in recognition of our fiduciary responsibilities to our respective citizens and governing
bodies. This includes providing you copies of our land planning report for your review, comment and
approval to show that we are properly addressing the development potential of the property, as well
as copies of our appraisals. As we have relayed before, ELAPP is a voluntary program and we will
not use eminent domain to acquire property for preservation.
Based on the appraisals, our internal review and the appraisal review prepared for the City, we are
prepared to offer Four Million Six Hundred Thousand Dollars ($4,600,000.00) for the property, which
according to the City's appraisal review is the best supported value. This offer is contingent upon the
following:
1) Approval by the Hillsborough County Board of County Commissioners of a contract signed
by the all owners.
2) An Environmental Site Assessment report, acceptable to Hillsborough County, assuring that
the site is not contaminated with hazardous wastes or other pollutants.
3) A survey verifying the acreage and indicating that there are no encroachments or other survey
defects.
HCFLGOV.NET
Charles Lane
December 15, 2017
Page 2
4) A title policy indicating that there are only acceptable encumbrances.
Conveyance will be by Warrantee Deed (or other deed as authorized by statute, policy or charter) and
we may require a Quit Claim Deed (for no additional compensation), if deemed necessary, to address
title issues and areas of questionable ownership.
The County will pay the costs of the survey, title insurance, recording fees, and environmental assessment,
as -well as minimum documentary - stamps (since both the City and the County are exempt from this this
tax). The City would be responsible for all other expenses (actions required to address title objections,
taxes, your legal fees, commissions, etc., if applicable) to convey acceptable title, as well as other
requirements of title.
This offer is based on the property containing four hundred twenty -five (425) acres. The purchase price
will be adjusted based on Ten Thousand Eight Hundred Twenty Four Dollars ($10,824.00) per acre on a
pro -rata basis within an acceptable range (such as +1- five acres).
While typically we would not offer more than the average of our two appraisals (which is $4,325,000.00
based on our appraisals; $4,600,000.00 and $4,050,000.00) we are prepared to recommend a purchase
price of Four Million Six Hundred Thousand ($4,600,000.00) in recognition that you are a local
governmental entity serving the citizens ofFlorida and that this is the value that is best supported according
to the City's appraisal review.
In conjunction with this offer we are requesting that the Contract have provisions that would allow the
County to assign up to a specified portion ofthe site to a third party. The closing would need to occur
simultaneously with the closing with the County and, if applicable, will contain the same conditions and
covenants as required by the Contract. This is a critical element of our contract for the reasons related in
previous conversations.
In the event City Council is not prepared to pursue a direct sale with the County based on the terms and
conditions as relayed in this letter and you will seek authorization from City Council to offer the property
for sale through a competitive bid process, we would hope that the City would consider offering this
propertythrough aRequest for ProposalProcess (which can take into account multiple factors) as opposed
to a Request for Bid Process (It is our understanding that the City Council can only look at the purchase
price and compliance with the terms as presented in their evaluation of submissions).
The Request for Proposal (RFP) Process would provide City Council with the opportunity to choose a
proposal based on factors as provided in the proposal. While City Council could still select the proposal
with the highest price, depending upon how the RFP is written, City Council could take into account other
factors as part ofthe selection process. These factors could include environmental and community benefits
if acquired by the County this property would essentially be an extension of the Brooker Creek Preserve
which provides regional environmental and community benefits).
This offer is valid for sixty (60) days from your receipt of this letter. if City Council determines that they
want to offer this property through a competitive bid process, we intend on resubmitting this offer as part
of the process.
Charles Lane
December 15, 2017
Page 3
If you support presenting this offer to City Council for their approval, we will need written confirmation
that you are prepared to recommend a transaction as outlined in this letter. If there are additional
requirements or conditions that you feel are necessary for this offer to provide, they need to be included in
your response, but we should discuss them to make sure the requested conditions are acceptable. Please do
not hesitate to contact us ifyou have any questions or wish to discuss this offer further. We appreciate your
cooperation and look forward to hearing from you.
Kurt G. Gremley
ELAPP Acquisition Manager
813) 307-1007
813) 272 -5597 FAX
gremleyk @hillsboroughcounty.org
Enclosure
Cc: Forest Turbiville, Director, Conservation and Environmental Lands Management Department
Joshua Bellotti, Director, Real Estate and Facilities Services Department
James Benwell, City ofClearwater
G:IREAL PROPERTY ACQUISITION & TECHNICALIPROJECTS1201612016 -028 BROOKER CREEK BUFFER PRESERVE ADDITION .
1688.0000 & 1689. 0000) 12 - CORRESPONDENCEIOFFER.CL.FINAL.DOCX
APPRAISAL REVIEW
NO VALUE CONCLUSION
FOUR REPORTS
KEYSTONE ACREAGE
CLEARWATER OWNERSHIP
PATTERSON ROAD
KEYSTONE /ODESSA, FLORIDA
DATES OF VALUES
AUGUST - SEPTEMBER 2017
PREPARED FOR
MR. CHUCK LANE
ASSISTANT DIRECTOR
ECONOMIC DEVELOPMENT AND HOUSING
CITY OF CLEARWATER
SENT VIA E -MAIL: CHARLES.LANE @MYCLEARWATER.COM
REVIEWED BY
JAMES M. MILLSPAUGH, MAI
JAMES MILLSPAUGH & ASSOCIATES, INC.
110 TURNER STREET
CLEARWATER, FL 33756 -5211
JAMES MILLSPAUGH & ASSOCIATES, INC.
REAL ESTATE APPRAISERS & CONSULTANTS
LICENSED REAL ESTATE BROKER
110 TURNER STREET, CLEARWATER, FLORIDA 33756 -5211 PHONE: (727) 461- 2648 FAX: 442 -8922
E -MAIL: jim @millspaugh- appraisaIs.com I WEBSITE: www.millspaugh- appraisals.com
October 16, 2017
Mr. Chuck Lane
Assistant Director
Economic Development and Housing
City Of Clearwater
Sent Via E -Mail: Charles.Lane @Myclearwater.Com
RE: Keystone Acreage
Clearwater Ownership
Patterson Road
Keystone /Odessa, Florida
Dear Mr. Lane:
At your request, I have made a Standard 3 USPAP Review of the four Appraisal Reports
dated in August and September 2017 prepared on Clearwater's acreage. The methods utilized in
performing this review are fully described in the attached report, which contains 6 pages and
Addenda.
This Appraisal Review has been made in conformance with and is subject to the
requirements of the Code of Professional Ethics and Uniform Standards of Professional Practice
of the Appraisal Institute and the Appraisal Foundation. The Standard 3 USPAP Review
complies with the 2016 -2017 Edition.
I have made a careful and detailed review of the referenced Appraisal Reports as of the
August- September 2017 effective dates of each and have concluded, among other opinions, that
the reports meet USPAP appraisal standards with the "Valuation Advisors" report having
the most reliable methodologies and conclusion for the subject acreage.
Respectfully submitted,
JAMES MILLSPAUGH & ASSOCIATES, 1NC.
James M. Milispaugh, MAI
JMM:sg
JAMES M. MILLSPAUGH, MAI
State - Certified General Real Estate Appraiser RZ58
TABLE OF CONTENTS
INTRODUCTION
Title Page
Letter of Transmittal
Table of Contents
DESCRIPTIONS, ANALYSES AND CONCLUSIONS
Certification
Identification of the Subject
Client
Intended Use
Purpose Of Appraisal Review
Identity Of Report Authors
Extraordinary Assumption
Hypothetical Condition
Scope Of The Appraisal Review
Trigg Catlett Report
Urban Economic Report
Valuation Advisors
Vantix Realty
Review Conclusion
ADDENDA
Qualifications of the Appraiser
1
2
2
2
2
2
3
3
3
4
5
5
5
6
CERTIFICATION
I certify that, to the best of my knowledge and belief:
The facts and data reported by the reviewer and used in the review process are
true and correct.
The analyses, opinions, and conclusions in this review report are limited only by
the assumptions and limiting conditions stated in this review report and are my
personal, impartial, and unbiased professional analyses, opinions, and
conclusions.
I have no present or prospective interest in the property that is the subject of the
work under review and no personal interest with respect to the parties involved.
I have no bias with respect to the property that is the subject of the work under
review or to the parties involved with this assignment.
My engagement in this assignment was not contingent upon developing or
reporting predetermined results.
My compensation is not contingent on an action or event resulting from the
analyses, opinions, or conclusions in this review or from its use.
My analyses, opinions, and conclusions were developed and this review report
was prepared in conformity with the Uniform Standards of Professional Appraisal
Practice edition noted previously.
I have not made a personal inspection of the subject property of the work under
review, however, I am geographically competent having performed similar
acreage appraisals in this market for the past two decades.
No one provided significant appraisal, appraisal review, or appraisal consulting
assistance to the person signing this certification.
e1. n l cc__ fj -_ -
James M. Millspaugh, MAI
State - Certified General Real Estate Appraiser RZ58
2
IDENTIFICATION OF THE SUBJECT:
The property fronts Patterson Road about 1 mile south of Tarpon Springs Road, near the
Garden Lakes subdivision and north of the Silver Dollar Shooter's Club. It is identified by the
Hillsborough County Property Appraiser as the following parcel numbers:
U- 20 -27 -17 -001- 00000 - 13650.0
U- 19 -27 -17 -ZZZ- 00000 - 13520.0
U- 19 -27 -17 -ZZZ- 00000 - 13530.0
CLIENT:
City of Clearwater with the Hillsborough County ELAPP (Environmental Lands
Acquisition and Protection Program) both as intended users.
INTENDED USE:
To provide guidance in the pending purchase negotiations of the subject acreage by the
ELAPP program.
PURPOSE OF APPRAISAL REVIEW:
To determine the adequacy /credibility of the reports for the intended users as to USPAP
standards. This review will not reach a value conclusion.
IDENTITY OF REPORT AUTHORS:
Trigg, Catlett and Associates: Frank Catlett
Urban Economics: Michael McElveen, Brian Brown
Valuation Advisors: Bradley C. Page
Vantix Realty: Ron Sparks, Justin Rode
3
None of the appraiser's have any vested interests in the subject property, all reports were
dated in August and September 2017 and the subject is basically raw acreage suitable for estate
residential and /or agricultural uses as is typical for this northwest Hillsborough County district.
All reports noted the same gross acreage with a slight variation in wetland sizes but a common
highest and best use of 50 lots per the Stantec land planning report.
EXTRAORDINARY ASSUMPTION:
All reports noted the past use of the site as a repository for solid waste effluent from City
of Clearwater sewerage plants, spoil fill from Stephenson's Creek in Clearwater and impact from
the adjacent gun range and concluded that no value impact exists but acknowledged they are not
experts in this field. This assumption is considered appropriate for this assignment.
HYPOTHETICAL CONDITION:
Further, the reports have relied on proposed site plans developed by the Stantec Company
that specializes in land planning and has concluded a 50 lot subdivision as the highest and best
use of the subject acreage with two alternatives. This hypothetical condition is considered
appropriate for this assignment.
SCOPE OF THE APPRAISAL REVIEW:
The extent of my research effort is to review the four reports in a "desk review" process
to determine the reasonableness of the report conclusions and the satisfaction of USPAP
requirements. This review does not include a separate value estimate.
All reports noted the same physical, legal and locational features of the site and
concluded that the Stantec land planning report represented the highest and best use. The Stantec
report appeared to thoroughly analyze the subject development potential and presented two
alternatives of 50 lots total. The first included 50- five -acre lots and the second included 18
perimeter five -acre lots plus 32 interior clustered one -acre lots with the latter resulting in less
environmental encroachment due to the infrastructure development. The report appeared to be
competently prepared, well done and to "leave no stone unturned ".
4
TRIGG CATLETT REPORT: $6,450,000 VALUE
The proposed DCF model for a 50 lot subdivision of 5 -acre lots appears to match the
surrounding district trend and the lot pricing estimates appear realistic by comparison to the
quoted lot sales. There is no evident support for an eight year sellout while that may be realistic
for higher price house lots as proposed. The most common discount rates used by the appraiser
community in valuing "for -sale" properties includes profit motives noted in the report at from
20% to 25% while the report concludes a 13.5% discount rate using a built up or blended cost of
funds that yields a far greater present value of the cash flows than traditional methods. This value
conclusion is considered to overstate the subject site value.
The land sale comparables have fairly close ratios of usable acreage but appear to have
notably different locations with higher densities and /or more intense highest and best uses.
Further, from the aerials provided and the sale comments the wetlands appeared to be closely
grouped and not interspersed like the subject. Sale #1 also appeared to be in a mining district
with zoning for that concept.
Sale #2 was purchased for a traditional smaller acreage lot subdivision with similar
utilities as subject and sold at a per lot cost of $74,770 as entitled in a more active market than
Keystone. These proposed lots had an average size of 1.94 acres versus the subject at 5.0 acres
each. This example then does not appear to be typical of the subject acreage parcel or the
proposed 50 lot layout.
Sale #3 was in a clearly less prominent south county district where a small lot subdivision
had been approved but not developed. This sale plus Sale #4 are distant to the most active
Hillsborough County markets and both have density /location suitable for moderate priced tract
housing that is not likely for the subject acreage.
This report does not appear to reflect the potential value of the subject acreage that is
suitable for estate size lots with no utilities or for agricultural /grazing lands as are found in this
district. Further, there was little or no focus on the per lot cost of the subject that is of foremost
interest to developers.
5
URBAN ECONOMIC REPORT: $2,724,400 VALUE
This report considered sellout of 50 -1 acre lots based upon recent sales data and further
allocation of uplands wildlife preserve and the Brooker Creek drainage basin/water features with
these natural elements reducing the upland areas. This DCF had no example of subdivision
absorption rates and concluded a 13 year sellout with a 25% discount rate for time, cost and
profit motive. While the Stantec report did not recommend this lot layout, it appeared to be
allowed by development rules and yet likely understated the value due to excluding five -acre
lots.
The sales comparisons considered were all agricultural parcels with two having some
potential for residential and all being located in edge districts in Hillsborough and Pasco
Counties. The report valued the subject uplands by direct comparison to the sales that ranged
from roughly $4,200 per acre to a lakefront parcel for roughly $9,200 per acre plus isolated
wetland transactions also located outside of the subject district. Clearly, these transactions and
the separate values for the subject parcels do not appear to be appropriate or support a reasonable
value for the subject.
VALUATION ADVISORS: $4,600,000 VALUE
This report did not present a DCF model but included six sale comparisons analyzed on
gross acre, upland acre and per lot basis with each adjusted for all relevant differences. The sales
included were mostly located near the subject and had multiple similarities thoroughly discussed
and analyzed in relation to the subject. The author took great steps in detailing the transaction
days on market, time of contract and zoning /approval status including contingencies for onerous
development rules. The sale comparisons were also completely analyzed in terms of location.
This report is considered to be the most reliable due to the data chosen and its analysis for
significant differences and developer criteria including the most common metric of value: the
price per lot.
VANTIX REALTY: $4,050,000 VALUE
This report also did not present a DCF model for the potential sellout and concluded that
the 50 lots of 18 -5 acre and 32 -1 acre sizes were the highest and best use.
6
The sale comparisons were primarily located distant to this market with one nearby in
Lutz that was also used in two other reports. The analysis, however, did not reflect the level of
research compiled by the Valuation Advisors report.
REVIEW CONCLUSION:
The Valuation Advisors report reflected a thorough and true understanding of the
subject potential valuation with the adjustments and conclusions considered to be the most
realistic as I understand this district.
ADDENDA
QUALIFICATIONS OF THE APPRAISER
JAMES M. MILLSPAUGH, MAI
APPRAISAL EXPERIENCE:
Appraisal experience in Pinellas County, Florida since 1968 when associated with Ross A.
Alexander, MAI of Clearwater. Formed James Millspaugh & Associates, June 1980, in
Clearwater. The firm concentrates the majority of its appraisal activities in Pinellas County with
experience throughout the Tampa/St. Petersburg/ Clearwater MSA.
APPRAISAL PLANT DATA:
In addition to maintaining its location near the main Pinellas County Courthouse complex for
easy access to governmental offices and the official public records maintained in the Clerk's
office for in -depth background research, the firm maintains historical data from Real Estate Data
Services for Pinellas County, monthly CD data from First American Real Estate Solutions
FARES), online service from Tampabayrealtor.com, the weekly Business Journal (Tampa Bay),
the monthly Maddux Report, the University of Florida Bureau of Economic and Business
Research, the St. Petersburg Times, the Marshall Valuation Service Cost Data, and national
surveys on lodging, food service, office, industrial parks, mini - storage and shopping center
markets.
COMMERCIAL APPRAISAL ASSIGNMENTS performed include golf courses, postal
facilities, commercial buildings, shopping centers, warehouse /manufacturing buildings, mobile
home and R.V. parks, financial institutions, nursing homes, motels, timeshares, restaurants,
houses of worship, office buildings, apartment buildings, commercial and residential
condominium projects (both proposed and conversions), marinas, theaters, fraternal buildings,
school facilities, seaport facilities, railroad corridors, easements, leasehold and leased fee estates,
life estates, vacant sites, including environmentally sensitive lands, and condemnation cases
involving partial and total takings. Feasibility /market studies have been performed for industrial,
office, retail, residential and timeshare markets.
APPRAISAL EDUCATION:
American Institute of Real Estate Appraisers (AIREA) courses successfully completed:
I -A:- Basic Principles, _Methods and Techniques 1973
VIII: Single Family Residential Appraisal - 1973
I -B: Capitalization Theory and Techniques - 1974
II: Urban Properties - 1975
IV: Condemnation - 1978
Standards of Professional Practice - 1992, Parts A & B
Society of Real Estate Appraisers (SREA) courses successfully completed:
301: Special Applications of Appraisal Analysis — 1980
JAMES M. MILLSPAUGH, MAI
Qualifications Continued)
RECENT SEMINARS ATTENDED:
Analyzing Commercial Leases, Sponsored by AI, 2002.
Rates and Ratios, Making Sense of GIMS, OARS, and DCF, Sponsored by AI, 2003.
Valuation of Wetlands, Sponsored by AI, 2004.
USPAP Update, Sponsored by AI, 2004
Real Estate Finance, Value and Investment Performance, Sponsored by AI, 2004.
The Road Less Traveled: Special Purpose Properties, Sponsored by AI, 2005.
Commercial Highest and Best Use — Case Studies: Sponsored by AI, 2005.
Market Analysis and The Site to Do Business, Sponsored by AI, 2005.
What Clients Would Like Their Appraiser to Know, Sponsored by AI, 2006.
Scope of Work and The New USPAP Requirements, Sponsored by AI, 2006.
Florida State Law Update, Sponsored by AI, 2006.
National USPAP Update, Sponsored by AI, 2006.
New Technology for the Real Estate Appraiser: Cool Tools, Sponsored by AI, 2006.
Uniform Standards (Yellow Book) for Federal Land Acquisitions, Sponsored by AI, 2007.
Condominiums, Co -Ops and PUDS, Sponsored by AI, 2007.
Analyzing Distressed Real Estate, Sponsored by AI, 2007.
Business Practices and Ethics, Sponsored by AI, 2007.
Florida Supervisor Trainee Roles and Rules, Sponsored by AI, 2008.
Florida State Law Update for Real Estate Appraisers, Sponsored by AI, 2008.
National USPAP Update, Sponsored by AI, 2008.
Appraisal Curriculum Overview, Two -Day General, Sponsored by AI, 2009.
Cool Tools: New Technologies for Real Estate Appraisers, Sponsored by AI, 2010
EDUCATION:
Bachelor of Science in Business Administration, University of Florida
Associates of Arts, St. Petersburg Junior College
PROFESSIONAL AFFILIATIONS AND CERTIFICATION
Member: Appraisal Institute with the MAI designation, Certificate #6087, awarded April,
1980. Mr. Millspaugh is a past President of The Gulf Atlantic Florida Chapter of the AI
formerly. Florida Chapter No. 2), served as an admissions team . leader for the West Coast
Florida Chapter, is the past Chairman for the National Ethics Administration Division of the
Appraisal Institute and served as the Region X Member of the Appellate Division of the
Appraisal Institute. Mr. Millspaugh is a State - Certified General Real Estate Appraiser (RZ58)
and has served as a pro -bono expert witness for the Florida Real Estate Appraisal Board.
Member: Pinellas Realtors Organization, National Association of Realtors
Note: The AIREA and SREA merged into one organization on January 1, 1991 that is now
known as the AI - Appraisal Institute.
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4102
Agenda Date: 12/21/2017 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Information Technology
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Authorize equipment leases with Hewlett-Packard Financial Services Company, of Murray Hill,
NJ, for desktop, laptop, and tablet computers in an amount not to exceed $1,350,000 in
accordance with City Code of Ordinances Section 2.564 (1)(b) Intergovernmental Purchases,
and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City has leased computers for over ten years. The benefits of leasing include operational
savings for asset acquisition, maintenance, improved efficiency in user support and asset
management, improved security for City systems and network, and improved performance for
system users.
There are approximately 1,300 desktops and 500 laptop/tablet computers within the City. The
City’s computers are upgraded on a three-year cycle, changing out approximately 1/3 of the
equipment annually. Each lease agreement is for a three-year term and covers one-third of all
equipment.
All lease terms and conditions are established in State of Florida Contract No.
43211500-WSCA-15-ACS. The Contract is available to piggyback in accordance with City
Code of Ordinances Section 2.564 (1)(b) Intergovernmental Purchasing. Shipping costs are
included in the contract as well as end-of-life disposition of the equipment.
The State Contract includes a value-added enhancement - the Self-Maintainer Program - which
enables City staff to be trained at no additional costs. Trained staff functions as
Hewlett-Packard certified technicians to expedite diagnostic and resolution actions. Hewlett-
Packard tracks and reimburses for these services for every 15 minutes of work performed.
On an annual basis, the maximum cumulative costs for existing leases (prior authorization by
Council) and each new lease is $450,000.
Quarterly payments are budgeted in the Information Technology annual operating budget.
Costs are prorated to all departments based upon their respective computer counts through
the Administrative Services fund chargeback for Information Technology services.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 555-09862-544500, Computer Equipment Rental , to fund this
contract.
Page 1 City of Clearwater Printed on 12/20/2017
File Number: ID#17-4102
Page 2 City of Clearwater Printed on 12/20/2017
hp financial services
Master Agreement Number 105624
nvent
Lessee's Organization Number
Lessee's Tax Identification Number
Lessee's UCC Section 9-307 Location
STATE AND LOCAL GOVERNMENT MASTER OPERATING LEASE AGREEMENT
This State and Local Government Master Operating Lease Agreement (together with Exhibits A and B attached hereto and hereby made a part hereof, (this "Master
Agreement"), dated as ofADril 30 2008, is entered into by and between Hewlett-Packard Financial Services Company,' a Delaware corporation ("Lessor"), and Citv of
Clearwater Florida, an agency, department or political subdivision of the State of Florida ("Lessee"). Capitalized terms used in this Master Agreement without
definition have the meanings ascribed to them in Section 30.
I. PURPOSE OF MASTER AGREEMENT. The purpose of this Master Agreement is to set forth the general terms and conditions upon which Lessor shall lease
to Lessee, and Lessee shall lease from Lessor, items of Hardware, Software or both (such Hardware and Software being collectively referred to as "Equipment").
2. COMMENCEMENT PROCEDURES. Subject to the other terms and conditions contamed in this Master Agreement and the applicable Schedule, Lessee shall
enter into individual Leases (hereinafter defined) with Lessor as follows:
a) Execution ofSchedule. Lessor and Lessee mutually agree to enter into a Lease by executing a Schedule in the form ofExhibit A with such changes as Lessor
and Lessee shall have agreed to as conclusively evidenced by their execution thereof. Each such Schedule shall specifically identify (by serial number or other
identifying characteristics) the items of Equipment to be leased under such Schedule (other than items of System Software, which shall be deemed to be items of
Software leased under the Schedule pursuant to which the related items of Hardware are leased). Each Schedule, when executed by both Lessee and Lessor, together
with this Master Agreement, shall constitute a separate and distinct lease ("Lease"), enforceable according to its terms. In the event ofany conflict between the terms of
this Master Agreement and such Schedule, the provisions of the Schedule shall govern.
b) AcceDtance. Initial Term of Leases. Lessee shall accept the Equipment subject to a Lease in accordance with Section 3. The Initial Term ofeach Lease shall
begin on the Acceptance Date of the Equipment subject to such Lease and shall continue for the period described in the applicable Schedule unless a Nonappropriation
shall have occurred.
c) Adiustments to Schedule. Lessee acknowledges that the Total Cost of Equipment and the related Rent payments set forth in any Schedule may be estimates,
and if the final invoice from the Seller attached to the related Acceptance Certificate(s) specifies a Total Cost that is less than the estimated Total Cost set forth in the
Schedule, Lessee hereby authorizes Lessor to reduce the applicable Total Cost and Rent payment on the Schedule by up to ten percent (10%) to reflect such final
invoice amount (the "Final Invoice Amount"). All references in this Master Agreement and any Schedule to Total Cost and Rent shall mean the amounts thereof
specified in the applicable Schedule, as adjusted pursuant to this paragraph.
d) Pavment bv Lessor. Within 30 days after Lessee's delivery to Lessor of a properly completed and executed Acceptance Certificate and all other
documentation necessary to establish Lessee's acceptance of such Equipment under the related Lease and Lessor's acceptance of such Acceptance Certificate, Lessor
shall pay for the Equipment. Lessor shall not accept the Acceptance Certificate until it has received from Lessee (I) evidence of insurance with respect to the
Equipment in compliance with Section 13 hereof, (2) an opinion of Lessee's counsel, if required by Lessor, in form and substance reasonably satisfactory to Lessor and
3) any other documents or items reasonably required by Lessor. Notwithstanding the foregoing, Lessor shall not be obligated to pay for the Equipment if a Lessee
Default has occurred or an event has occurred and is continuing that with the passage oftime or provision of notice would constitute a Lessee Default.
3. ACCEPTANCE OF EQUIPMENT. (a) InsDection of EauiDment. Lessee agrees to inspect all Equipment as soon as reasonably practicable after the delivery
thereof to Lessee.
b) AcceDtance Certificate. Upon the satisfactory inspection of the Equipment by Lessee, or if acceptance requirements for such Equipment are speci fied in the
applicable Purchase Documents, as soon as such requirements are met, Lessee shall unconditionally and irrevocably accept the Equipment by executing and delivering
to Lessor a properly completed Acceptance Certificate in substantially the form of Exhibit B.
4. LESSEE'S END-OF-LEASE- TERM OPTIONS; AUTOMATIC EXTENSION. Lessee shall have the following options in respect of each Lease at the end of
each ofthe Initial Term, any Renewal Term and any optional extension ofthe Initial Term or any Renewal Term:
a Purchase Option. Lessee may elect, by delivering to Lessor an End-of-Term Notice at least 90 days prior to the expiration of the Initial Term, any Renewal
Term or any optional extension of the Initial Term or any Renewal Term, to purchase any or all Units of Equipment then subject to such Lease (other than items of
Software that may not be sold by Lessor under the terms of any applicable License Agreement) for an amount equal to the Fair Market Value of such Units of
Equipment as of the end ofthe Then Applicable Term, provided no Lessee Default shall have occurred and be continuing. In the event of such an election, Lessee shall
pay such amount to Lessor, in immediately available funds, on or before the last day of the Then Applicable Term. If Lessee shall have so elected to purchase any of
the Units of Equipment, shall have so paid the applicable purchase price and shall have fulfilled the terms and conditions ofthis Master Agreement, then on the last day
ofthe Then Applicable Term (I) the Lease with respect to such Units of Equipment shall terminate and, except as provided in Section 26, Lessee shall be relieved of all
of its obligations in favor of Lessor with respect to such Units of Equipment, and (2) Lessor shall transfer all of its interest in such Units of Equipment to Lessee "AS
IS, WHERE IS," withoutany warranty, express or implied, from Lessor, other than the absence of any liens or claims by or through Lessor. In the event Lessor and
Lessee are unable to agree on the Fair Market Value of any Units of Equipment, Lessor shall, at Lessee's expense, select an independent appraiser to conclusively
determine such amount.
b. Renewal Option. Lessee may elect, by delivering to Lessor an End-of-Term Notice at least 90 days prior to the expiration of the Initial Term, any Renewal
Term, or any optional extension of the Initial Term or any Renewal Term, to renew the Lease with respect to any or all Units of Equipment then subject to such Lease
other than items of Software that may not be re-released by Lessor under the terms of any applicable License Agreement) for an amount equal to the Fair Rental Value
ofsuch Units of Equipment as ofthe end of the Then Applicable Term. In the event ofsuch an election, Lessee shall enter into a mutually agreeable renewal agreement
with Lessor ("Renewal Agreement") on or before the last day of the Then Applicable Term confirming the Units of Equipment as to which the Lease is to be renewed,
the period for which the Lease is to be renewed (the "Renewal Term"), and the amount of Rent and the times at which such Rent is to be payable during the.Renewal
Term. In the event Lessor and Lessee are unable to agree on the Fair Rental Value of any Units of Equipment, Lessor shall, at Lessee's expense, select an independent
appraiser to conclusively determine such amount.
c. Return. Lessee may elect, by delivering to Lessor an End-of- Term Notice at least 90 days prior to the expiration of the Initial Term, any Renewal Term or any
optional extension of the Initial Term or any Renewal Term, to return any or all ofthe Units of Equipment then subject to such Lease in accordance with Section 10 of
this Master Agreement.
J Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states of Alabama and New York.
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MOLA 10-01-05
d. Optional Extension. Lessee may elect, by omitting to deliver to Lessor an End-of-Term Notice at least 90 days prior to the expiration of the Initial Term or
any Renewal Term, to extend the Initial Term or such Renewal Term, as the case may be. In that event, the Initial Term or such Renewal Term shall, without any
additional notice or documentation, be automatically extended for successive calendar months with respect to all items of Equipment then subject tosuch Lease through
the end of the calendar month falling at least 90 days after the date Lessee shall have delivered to Lessor an End-of-Term Notice with respect to such Lease. For each
calendar month that the Then Applicable Term of such Lease is so extended, Lessee shall pay to Lessor Rent in an amount equal to the monthly Rent payment in effect
immediately prior to such extension (or the appropriate pro rata portion ofthe Rent payment then in effect in the case of Rent payable other than on a monthly basis),
and all other provisions ofthis Master Agreement and the applicable Schedule shall continue to apply.
If Lessee shall have delivered to Lessor an End-of- Term Notice with respect to a Lease, but shall have subsequently failed to comply with its obligations arising
from its elections specified therein (e.g., Lessee shall have failed, on or before the last day of the Then Applicable Term (I) to pay Lessor the purchase price for
Equipment to be purchased in accordance with Section 4(a) above, (2) to execute a Renewal Agreement with respect to Equipment as to which the Lease is to be
renewed in accordance with Section 4(b) above, or (3) to return to Lessor Equipment to be returned in accordance with Section 4(c) above), then the Then Applicable
Term of such Lease shall, without any additional notice or documentation, be automatically extended for successive calendar months with respect to all items of
Equipment as to which Lessee shall have so failed to comply with its obligations through the end of the calendar month in which Lessee shall have complied with such
obligations. For each calendar month that the Then Applicable Term of any Lease is so extended, Lessee shall pay to Lessor Rent in an amount equal to the monthly
Rent payment in effect immediately prior to such extension (or the appropriate pro rata portion of the Rent payment then in effect in the case of Rent payable other than
on a monthly basis), and all other provisions of this Master Agreement and the applicable Schedule shall continue to apply. Notwithstanding any of the provisions of
this Section 4 to the contrary, if any Lessee Default shall have occurred and be continuing at any time during the last 90 days of the Then Applicable Term of any
Lease, Lessor may cancel any Renewal Term or optional or other automatic extension of the Then Applicable Term immediately upon written notice to Lessee.
5. RENT; LATE CHARGES. As rent ("Rent") for the Equipment under any Lease, Lessee agrees to pay the amounts specified in the applicable Schedule on the
due dates specified in the applicable Schedule. Lessee agrees to pay Lessor interest on any Rent payment or other amount due hereunder that is not paid within 10 days
ofits due date, at the rate of 1-1/2% per month (or such lesser rate as is the maximum rate allowable under applicable law, specifically including, without limitation, the
Florida Prompt Payment Act, Fla. Stat. 2 I 5.422(2006).Lessee will make provision for such payments in budgets submitted to its governing body for the purpose of
obtaining funding for the payments.
6. LEASES NON-CANCELABLE; NET LEASES; WAIVER OF DEFENSES TO PAYMENT. IT IS SPECIFICALLY UNDERSTOOD AND AGREED
THAT EACH LEASE HEREUNDER SHALL BE NON-CANCELABLE (EXCEPT AS SET FORTH IN SECTION 7 HEREOF), AND THAT EACH LEASE
HEREUNDER IS A NET LEASE (SO THAT AMONG OTHER THINGS LESSEE SHALL PAY IN ADDITION TO THE RENT, TAXES, INSURANCE
AND MAINTENANCE CHARGES RELATED TO THE EQUPMENT). LESSEE AGREES THAT IT HAS AN ABSOLUTE AND UNCONDITIONAL
OBLIGATION TO PAY ALL RENT AND OTHER AMOUNTS WHEN DUE. LESSEE HEREBY WAIVES ANY RECOUPMENT, CROSS-CLAIM,
COUNTERCLAIM OR ANY OTHER DEFENSE AT LAW OR IN EQUITY TO ANY RENT OR OTHER AMOUNT DUE WITH RESPECT TO ANY
LEASE, WHETHER ANY SUCH DEFENSE ARISES OUT OF THIS MASTER AGREEMENT, ANY SCHEDULE, ANY CLAIM BY LESSEE AGAINST
LESSOR, LESSOR'S ASSIGNEES OR SUPPLIER OR OTHERWISE. IF THE EQUIPMENT IS NOT PROPERLY INSTALLED, DOES NOT OPERATE
OR INTEGRATE AS REPRESENTED OR WARRANTED BY SUPPLIER OR IS UNSATISFACTORY FOR ANY REASON WHATSOEVER, LESSEE
WILL MAKE ANY CLAIM ON ACCOUNT OF THOSE ISSUES SOLELY AGAINST SUPPLIER AND WILL NEVERTHELESS PAY ALL SliMS DUE
WITH RESPECT TO EACH LEASE.
7. NONAPPROPRIA TION. Notwithstanding anything contained in this Master Agreement to the contrary, in the event that sufficient funds are not appropriated
and budgeted by Lessee's governing body or are not otherwise available from other legally available sources in any fiscal period for the payment of Rent and other
amounts due under any Lease, the Lease shall terminate on the last day of the fiscal period for which appropriations were received or other amounts are available to pay
amounts due under the Lease without penalty or expense to Lessee of any kind whatsoever, except as to the portions of Rent payments or other amounts herein agreed
upon for which funds shall have been appropriated or are otherwise available. Lessee will immediately notify the Lessor or its assignee of such occurrence. In the
event of such termination, Lessee shall immediately cease all use of the Equipment, and shall, at its sole expense and risk, immediately de-install, disassemble, pack,
crate, insure, and return the Equipment subject to such Lease to Lessor (all in accordance with Section 10 of this Master Agreement). Such Equipment shall be in the
same condition as when received by Lessee (reasonable wear, tear and depreciation resulting from normal and proper use excepted), shall be in good operating order
and maintenance as required by this Lease, shall be free and clear ofany liens (except Lessor's lien) and shall comply with all applicable laws and regulations. Lessee
agrees to execute and deliver to Lessor all documents reasonably requested by Lessor or evidence the transfer of legal and beneficial title to such Equipment to Lessor
and to evidence the termination of Lessee's interest in such Equipment. Lessor will have all legal and equitable rights and remedies to take possession of the
Equipment. At Lessor's request, Lessee shall promptly provide supplemental documentation as to such Non-Appropriation satisfactory to Lessor. Lessee's exercise of
its rights pursuant to this Section 7 shall not affect the survival ofany indemnity and other provisions (other than the obligation to lease the Equipment and pay amounts
due under the Lease) which survive the termination of the Lease.
8. ASSIGNMENT OF PURCHASE DOCUMENTS. Lessee assigns to Lessor all of Lessee's right, title and interest in and to (a) the Equipment described in each
Schedule, and (b) the Purchase Documents relating to such Equipment. Such assignment of the Purchase Documents is an assignment of rights only; nothing in this
Master Agreement shall be deemed to have relieved Lessee of any obligation or liability under any of the Purchase Documents, except that, as between Lessee and
Lessor, Lessor shall pay for the Equipment in accordance with Section 2(d) hereof. Lessee represents and warrants that it has reviewed and approved the Purchase
Documents In addition, if Lessor shall so request, Lessee shall deliver to Lessor a document acceptable to Lessor whereby Seller acknowledges and provides any
required consent to such assignment. For the avoidance of doubt, Lessee covenants and agrees that it shall at all times during the Total Term of each Lease comply in
all respects with the terms of any License Agreement relating to any Equipment leased thereunder. IT IS ALSO SPECIFICALLY UNDERSTOOD AND AGREED
THAT NEITHER SUPPLIER NOR ANY SALESPERSON OF SUPPLIER IS AN AGENT OF LESSOR, NOR ARE THEY AUTHORIZED TO WAIVE OR
ALTER ANY TERMS OF THIS MASTER AGREEMENT OR ANY SCHEDULE.
9. ASSIGNMENT OF SUPPLIER WARRANTIES. To the extent permitted, Lessor hereby assigns to Lessee, for the Total Term of any Lease, all Equipment
warranties provided by any Supplier in the applicable Purchase Documents Lessee shall have the right to take any action it deems appropriate to enforce such
warranties provided such enforcement is pursued in Lessee's name and at its expense. In the event Lessee is precluded from enforcing any such warranty in its name,
Lessor shall, upon Lessee's request, take reasonable steps to enforce such warranty. In such circumstances, Lessee shall, promptly upon demand, reimburse Lessor for
all expenses incurred by Lessor in enforcing the Supplier warranty. Any recovery resulting from any such enforcement efforts shall be divided among Lessor and
Lessee as their interests may appear.
10, EQUIPMENT RETURN REQUIREMENTS, At any time Lessee is required to return Equipment to Lessor under the terms of this Master Agreement or any
Schedule, Lessee shall (a) wipe clean or permanently delete all data contained on the Equipment, including without limitation, any data contained on internal or external
drives, discs, or accompanying media, and (b) pack the Equipment to be returned to Lessor in accordance with the manufacturer's guidelines and deliver such
Equipment to Lessor at any destination within the continental United States designated by Lessor. In the case of any item of Software or License Agreement subject to
a Schedule, at the time of the occurrence of a Non-Appropriation or a Lessee Default, Lessee shall also be automatically deemed to have reassigned any License
Agreement, and shall immediately de-install and deliver to Lessor all Software, together with the original certificate of authenticity issued by the licensor of such
Software, if any, the end user license agreement, any CDs, diskettes or other media relating to such Software and any other materials originally delivered to Lessee with
such Software. All dismantling, packaging, transportation, in-transit insurance and shipping charges shall be borne by Lessee All Equipment shall be returned to
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MOLA 10-0.1-05
Lessor in the same condition and working order as when delivered to Lessee, reasonable wear and tear excepted, and except in the case of PC Equipment and Software,
shall qualify for maintenance service by the Supplier at its then standard rates for Equipment of that age, if available. Lessee shall be responsible for, and shall
reimburse Lessor promptly on demand for the cost of returning the Equipment to good working condition or, in the case of Equipment other than PC Equipment and
Software, qualifying the Equipment for the Supplier's maintenance service, ifavailable.
II. EQUIPMENT USE, MAINTENANCE, AND ADDITIONS. Lessee is solely responsible for the selection, installation, operation and maintenance of the
Equipment and all costs related thereto, including shipping charges. Lessee shall at all times operate and maintain the Equipment in good working order, repair,
condition and appearance, and in accordance with the manufacturer's specifications and recommendations. On reasonable prior notice to Lessee, Lessor and Lessor's
agents shall have the right, during Lessee's normal business hours and subject to Lessee's reasonable, standard security procedures, to enter the premises where the
Equipment is located for the purpose of inspecting the Equipment and observing its use. If Lessor shall have provided to Lessee any tags or identifying labels, Lessee
shall, at its expense, affix and maintain in a prominent position on each item of Equipment such tags or labels to indicate Lessor's ownership of the Equipment. Except
in the case of PC Equipment and Software, Lessee shall, at its expense, enter into and maintain and enforce at all times during the Total Term of each Lease a
maintenance agreement to service and maintain the related Equipment, upon terms and with a provider reasonably acceptable to Lessor. Lessee shall make no
alterations or additions to the Equipment, except those that (a) will not void any warranty made by the Supplier of the Equipment, result in the creation of any security
interest, lien or encumbrance on the Equipment or impair the value or use ofthe Equipment either at the time made or at the end of the Term of the applicable Lease,
and are readily removable without damage to the Equipment ("Optional Additions"), or (b) are required by any applicable law, regulation or order. All additions to the
Equipment or repairs made to the Equipment, except Optional Additions, become a part of the Equipment and Lessor's property at the time made; Optional Additions
which have not been removed in the event ofthe return of the Equipment shall become Lessor's property upon such return.
12. EQUIPMENT OWNERSHIP; LIENS; LOCATION. As between Lessor and Lessee, Lessor is the sole owner of the Equipment and has sole title thereto,
Lessee shall not make any representation to any third party inconsistent with Lessor's sole ownership of the Equipment. Lessee covenants with respect to each Lease
that: (i) it will not pledge or encumber the Equipment or Lessor's interest in the Equipment in any manner whatsoever nor create or permit to exist any levy, lien or
encumbrance thereofor thereon except those created by or through Lessor; (ii) the Equipment shall remain personal property whether or not affixed to realty and shall
not become a fixture or be made to become a part of any real property on which it is placed without Lessor's prior written consent; and (iii) Lessee shall maintain the
Equipment so that it does not become essential to and may be removed from any building in which it is placed without any damage to the building or the Equipment.
Lessee may permit use of the Equipment by its affiliates or independent contractors at the Equipment Location provided it does not relinquish possession and control of
the Equipment. Provided Lessee remains in possession and control of the Equipment, Lessee may relocate any Equipment from the Equipment Location specified in
the applicable Schedule to another of its locations within the State of the Equipment Location upon prior written notice to Lessor specifying the new Equipment
Location or to another of its locations within the United States after receiving the written consent of Lessor to such relocation. Lessee shall not locate or relocate any
Equipment such that any third party comes into possession or control thereof without Lessor's prior written consent; provided, however, that Lessor shall not
unreasonably withhold its consent to the location or relocation of Equipment to a third party co-location or hosting facility if such third party shall have executed and
delivered to Lessor a waiver agreement in form and substance acceptable to Lessor pursuant to which, among other things, such third party shall have waived any rights
to the Equipment and agreed to surrender the Equipment to Lessor in the event of a Lessee Default under this Master Agreement. Notwithstanding the foregoing,
Lessor agrees that computer equipment usable outside of a fixed office environment, such as laptops, notebooks or similar PC Equipment (collectively, "Mobile PC
Equipment") may be relocated on a non-permanent basis from the Equipment Location originally specified in the applicable Schedule without Lessor's prior written
consent, provided that (i) such relocation is made by Lessee's primary employee in the custody and control of such Mobile PC Equipment; (ii) the primary employee
remains in possession and control of the Mobile PC Equipment, and (iii) the primary employee's principal office is the Equipment Location. For purposes of this
Master Agreement and any applicable Schedule, the term Equipment shall be deemed to include all Mobile PC Equipment.
13. RISK OF LOSS AND INSURANCE. Lessee assumes any and all risk of loss or damage to the Equipment from the time such Equipment is delivered to Lessee
until such Equipment is returned to and is received by Lessor in accordance with the terms and conditions of this Master Agreement. Lessee agrees to keep the
Equipment insured at Lessee's expense against all risks of loss from any cause whatsoever, including without limitation, loss by fire (including extended coverage),
theft and damage. Lessee agrees that such insurance shall name Lessor as a loss payee and cover not less than the Stipulated Loss Value of the Equipment. Lessee also
agrees that it shall carry commercial general liability insurance in an amount not less than $2,000,000 total liability per occurrence and cause Lessor and its affiliates
and its and their successors and assigns, to be named additional insureds under such insurance. Each policy shall provide that the insurance cannot be canceled without
at least 30 days' prior written notice to Lessor, and no policy shall contain a deductible in excess of $25,000. Upon Lessor's prior written consent, in lieu of maintaining
insurance obtained by third party insurance carriers, Lessee may self insure against such risks, provided that Lessor's interests are protected to the same extent as if the
insurance had been obtained by third party insurance carriers and provided further that such self insurance program is consistent with prudent business practices with
respect with such insurance risk. Lessee shall provide to Lessor (a) on or prior to the Acceptance Date for each Lease, and from time to time thereafter, certificates of
insurance evidencing such insurance coverage throughout the Total Term of each Lease, and (b) upon Lessor's request, copies ofthe insurance policies. If Lessee fails
to provide Lessor with such evidence, then Lessor will have the right, but not the obligation, to purchase such insurance protecting Lessor at Lessee's expense. Lessee's
expense shall include the full premium paid for such insurance and any customary charges, costs or fees of Lessor. Lessee agrees to pay such amounts in substantially
equal installments allocated to each Rent payment (plus interest on such amounts at the rate of 1-1/2% per month or such lesser rate as is the maximum rate allowable
under applicable law).
14. CASUALTV LOSS. Lessee shall notify Lessor of any Casualty Loss or repairable damage to any Equipment as soon as reasonably practicable after the date of
any such occurrence but in no event later than 30 days after such occurrence. In the event any Casualty Loss shall occur, on the next Rent payment date Lessee shall (a)
at Lessee's option provided no Lessee Default has occurred nor an event that with the passage of time or provision of notice would constitute a Lessee Default has
occurred and is continuing or (b) at Lessor's option if a Lessee Default has occurred or an event that with the passage oftime or provision of notice would constitute a
Lessee Default has occurred and is continuing (I) subject to Section 7 hereof, pay Lessor the Stipulated Loss Value of the Equipment suffering the Casualty Loss, or (2)
substitute and replace each item of Equipment suffering the Casualty Loss with an item of Substitute Equipment. If Lessee shall pay the Stipulated Loss Value of the
Equipment suffering a Casualty Loss, upon Lessor's receipt in full of such payment the applicable Lease shall terminate as it relates to such Equipment and, except as
provided in Section 26, Lessee shall be relieved of all obligations under the applicable Lease as it relates to such Equipment. If Lessee shall replace Equipment
suffering a Casualty Loss with items of Substitute Equipment (i) the applicable Lease shall continue in full force and effect without any abatement of Rent with such
Substitute Equipment thereafter being deemed to be Equipment leased thereunder, and (ii) Lessee shall deliver to Lessor a bill of sale or other documentation, in either
case in form and substance satisfactory to Lessor, in which Lessee shall represent and warrant that it has transferred to Lessor good and marketable title to all Substitute
Equipment, free and clear of all liens, encumbrances and claims of others. Upon Lessor's receipt of such payment of Stipulated Loss Value in full, or such bill of sale
or other documentation, as the case may be, Lessor shall transfer to Lessee all of Lessor's interest in the Equipment suffering the Casualty Loss "AS IS, WHERE IS,"
without any warranty, express or implied, from Lessor, other than the absence of any liens or claims by or through Lessor. In the event of any repairable damage to any
Equipment, the Lease shall continue with respect to such Equipment without any abatement of Rent and Lessee shall, at its expense, from insurance proceeds or other
funds legally available, promptly cause such Equipment to be repaired to the condition it is required to be maintained pursuant to Section II
15, TAXES. Lessor shall report and pay all Taxes now or hereafter imposed or assessed by any governmental body, agency or taxing authority upon the purchase,
ownership, delivery, installation, leasing, rental, use or sale ofthe Equipment, the Rent or other charges payable hereunder, or otherwise upon or in connection with any
Lease, whether assessed on Lessor or Lessee, other than any such Taxes required by law to be reported and paid by Lessee. Lessee shall promptly reimburse Lessor for
all such Taxes paid by Lessor, together with any penalties or interest in connection therewith attributable to Lessee's acts or failure to act, excluding (a) Taxes on or
measured by the overall gross or net income or items of tax preference of Lessor, (b) as to any Lease the related Equipment, Taxes attributable to the period after the
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MOLA 10-01-05
return of such Equipment to Lessor, and (c) Taxes imposed as a result of a sale or other transfer by Lessor of any portions of its interest in any Lease or in any
Equipment except for a sale of other transfer to Lessee or a sale or other transfer occurring after and during the continuance of any Lessee Default.
16. GENERAL INDEMNITY, Lessee, to the extent permitted by law, shall indemnify and hold harmless Lessor and assignees, from and against any and all Claims
arising directly or indirectly out ofor in connection with any matter involving this Master Agreement, the Equipment or any Lease, including but not limited to the
selection, manufacture, purchase, acceptance, rejection, ownership, delivery, lease, possession, maintenance, use (including any patent, trademark or copyright
infringement), condition, return or operation of any Equipment or the enforcement of Lessor's rights under any Lease Notwithstanding the foregoing, Lessee shall
have no obligation to indemnify or defend against any Claim arising solely as a result of Lessor's gross negligence or willful misconduct. Notwithstanding any other
provision ofthis Agreement to the contrary, the liability ofthe Lessee underthis Agreement is intended to be consistent with limitations of Florida law, including the state's waiver
of sovereign immunity. No obligation imposed by this Agreement on the Lessee shall be deemed to alter said waiveror to extend any liability ofthe Lessee beyond such limits,
nor shall any such obligation be deemed or construed as a waiver of any defense of sovereign immunity to which the Lessee may be entitled.
17. COVENANT OF QUIET ENJOYMENT. So long as no Lessee Default exists, and no event shall have occurred and be continuing which, with the giving of
notice or the passage of time or both, would constitute a Lessee Default, neither Lessor nor any party acting or claiming through Lessor, by assignment or otherwise,
will disturb Lessee's quiet enjoyment ofthe Equipment during the Total Term of the related Lease.
18. DISCLAIMERS AND LESSEE WAIVERS. LESSEE LEASES THE EQUIPMENT FROM LESSOR "AS IS, WHERE IS". IT IS SPECIFICALLY
UNDERSTOOD AND AGREED THAT (A) EXCEPT AS EXPRESSLY SET FORTH IN SECTION 17, LESSOR MAKES ABSOLUTELY NO
REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
REPRESENTATION OR WARRANTY WITH RESPECT TO THE DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY, OPERATION, OR
CONDITION OF ANY EQUIPMENT (OR ANY PART THEREOF), THE MERCHANTABILITY OR FITNESS OF EQUIPMENT FOR A PARTICULAR
PURPOSE, OR ISSUES REGARDING PATENT INFRINGEMENT, TITLE AND THE LIKE; (B) LESSOR SHALL NOT BE DEEMED TO HAVE MADE,
BE BOUND BY OR LIABLE FOR, ANY REPaESENTATION, WARRANTY OR PROMISE MADE BY THE SUPPLIER OF ANY EQUIPMENT (EVEN
IF LESSOR IS AFFILIATED WITH SUCH SUPPLIER); (C) LESSOR SHALL NOT BE LIABLE FOR ANY FAILURE OF ANY EQUIPMENT OR ANY
DELAY IN THE DELIVERY OR INSTALLATION THEREOF; (D) LESSEE HAS SELECTED ALL EQUIPMENT WITHOUT LESSOR'S ASSISTANCE;
AND (E) LESSOR IS NOT A MANUFACTURER OF ANY EQUIPMENT. IT IS FURTHER AGREED THAT LESSOR SHALL HAVE NO LIABILITY
TO LESSEE, LESSEE'S CUSTOMERS, OR ANY THIRD PARTIES FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQIJENTIAL
DAMAGES ARISING OUT OF THIS MASTER AGREEMENT OR ANY SCHEDULE OR CONCERNING ANY EQUIPMENT, OR FOR ANY
DAMAGES BASED ON STRICT OR ABSOLUTE TORT LIABILITY OR LESSOR'S NEGLIGENCE; PROVIDED, HOWEVER, THAT NOTHING IN
THIS MASTER AGREEMENT SHALL DEPRIVE LESSEE OF ANY RIGHTS IT MAY HAVE AGAINST ANY PERSON OTHER THAN LESSOR.
LESSOR AND LESSEE AGREE THAT THE LEASES SHALL BE GOVERNED BY THE EXPRESS PROVISIONS OF THIS MASTER AGREEMENT
AND THE OTHER FUNDAMENTAL AGREEMENTS AND NOT BY THE CONFLICTING PROVISIONS OF ANY OTHERWISE APPLICABLE LAW.
ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, LESSEE WAIVES ANY RIGHTS AND REMEDIES CONFERRED UPON A
LESSEE BY ARTICLE 2A OF THE UCC (INCLUDING, BUT NOT LIMITED TO, LESSEE'S RIGHTS, CLAIMS AND DEFENSES UNDER UCC
SECTIONS 2A-JOJ AND 2A-508 THROUGH 2A-522) AND THOSE RIGHTS NOW OR HEREAFTER CONFERRED BY STATUTE OR OTHERWISE, IN
EITHER CASE THAT ARE INCONSISTENT WITH OR THAT WOULD LIMIT OR MODIFY LESSOR'S RIGHTS SET FORTH IN THIS MASTER
AGREEMENT.
19, LESSEE WARRANTIES. Lessee represents, warrants and covenants to Lessor with respect to each Lease that: (a) Lessee is an agency or department of, or a
political subdivision of the state in which it is located; (b) Lessee has the power and authority to enter into each of the Fundamental Agreements; (c) all Fundamental
Agreements are legal, valid and binding obligations of Lessee, enforceable against Lessee in accordance with their terms and do not violate or create a default under
any instrument or agreement binding on Lessee; (d) there are no pending or threatened actions or proceedings before any court or administrative agency that could
reasonably be expected to have a material adverse effect on Lessee or any Fundamental Agreement, unless such actions have been disclosed to Lessor and consented to
in writing by Lessor; (e) Lessee shall comply in all material respects with all laws and regulations the violation of which could have a material adverse effect upon the
Equipment or Lessee's performance of its obligations under any Fundamental Agreement; (f) each Fundamental Agreement shall be effective against all creditors of
Lessee under applicable law, including fraudulent conveyance and bulk transfer laws, and shall raise no presumption of fraud; (g) all financial statements, certificates or
summaries relating to Lessee's financial condition, fiscal budget or the assessment and collection of taxes and other related information furnished by Lessee shall be
prepared in accordance with generally accepted accounting principles in the United States in effect at that time and shall fairly present Lessee's financial position as of
the dates given on such statements; (h) since the date of the most recent annual financial statement, there has been no material adverse change in the financial condition
of, or the level of assessment or collection of taxes by, the Lessee; (i) the Equipment, subject to the Lease, is essential to the immediate performance ofa governmental
or proprietary function by Lessee within the scope of its authority and will be used during the Term of the Lease only by Lessee and only to perform such function; Ul
Lessee intends to use the Equipment for the entire Term of the Lease and all Equipment will be used for business purposes only and not for personal, family or
household purposes; (k) Lessee has complied fully with all applicable law governing open meetings, public bidding and appropriations required in connection with the
Lease and the acquisition of the Equipment; (I) there has been no material change in the budget for Lessee's current Fiscal Period since its adoption; (m) Lessee's
obligations to pay Rent and any other amounts due under the Lease constitute a current expense and not a debt of Lessee under applicable state law; and (n) no
provision ofthe Lease constitutes a pledge of the tax or general revenues of Lessee.
20. DEFAULT. Any of the following shall constitute a default by Lessee (a "Lessee Default") under this Master Agreement and all Leases: (a) Lessee fails to pay
any Rent payment or any other amount payable to Lessor under this Master Agreement or any Schedule within 10 days after its due date; or (b) Lessee defaults on or
breaches any of the other terms and conditions of any Material Agreement, and fails to cure such breach within 10 days after written notice thereof from Lessor; or (c)
any representation or warranty made by Lessee in any Material Agreement proves to be incorrect in any material respect when made or reaffirmed; or (d) any change
occurs in relation to Lessee's financial condition that, in Lessor's opinion, would have a material adverse effect on Lessee's ability to perform its obligations under this
Master Agreement or under any Schedule; or (e) Lessee becomes insolvent or fails generally to pay its debts as they become due; or (f) a proceeding under any
bankruptcy, reorganization, arrangement of debt, insolvency or receivership law is filed by or against Lessee (and if such proceeding is involuntary, it is not dismissed
within 60 days after the filing thereof) or Lessee takes any action to authorize any of the foregoing matters; or (g) any letter of credit or guaranty issued in support of a
Lease is revoked, breached, canceled or terminated (unless consented to in advance by Lessor); or (h) any Equipment is levied against, seized or attached.
21. REMEDIES. If a Lessee Default occurs, Lessor may, in its sole discretion, exercise one or more of the following remedies: (a) declare all amounts due and to
become due during Lessee's current fiscal year under any or all Leases to be immediately due and payable; or (b) terminate this Master Agreement or any Lease; or (c)
take possession of, or render unusable, any Equipment wherever the Equipment may be located, without demand or notice and without any court order or other process
of law in accordance with Lessee's reasonable security procedures, and no such action shall constitute a termination of any Lease; or (d) require Lessee to deliver the
Equipment to a location specified by Lessor; or (e) declare the Stipulated Loss Value for any or all Equipment to be due and payable as liquidated damages for loss of a
bargain and not as a penalty and in lieu of any further Rent payments under the applicable Lease or Leases; or (f) proceed by court action to enforce performance by
Lessee of any Lease and/or to recover all damages and expenses incurred by Lessor by reason of any Lessee Default; or (g) terminate any other agreement that Lessor
may have with Lessee; or (h) exercise any other right or remedy available to Lessor at law or in equity. Also, Lessee shall pay Lessor (i) all costs and expenses that
Lessor may incur to maintain, safeguard or preserve the Equipment, and other expenses incurred by Lessor in enforcing any of the terms, conditions or provisions of
this Master Agreement (including reasonable legal fees and collection agency costs) and (ii) all costs incurred by Lessor in exercising any of its remedies hereunder
Page 4 of 10
MOlA 10-01-05
including reasonable legal fees). Upon repossession or surrender ofany Equipment, Lessor will lease, sell or otherwise dispose of the Equipment in a commercially
reasonable manner, with or without notice and at public or private sale, and apply the net proceeds thereof to the amounts owed to Lessor under this Master Agreement;
provided, however, that Lessee will remain liable to Lessor for any deficiency that remains after any sale or lease of such Equipment. Any proceeds of any sale or lease
of such Equipment in excess of the amounts owed to Lessor under this Master Agreement will be retained by Lessor. Lessee agrees that with respect to any notice ofa
sale required by law to be given, 10 days' notice will constitute reasonable notice. With respect to any exercise by Lessor of its right to recover and/or dispose of any
Equipment or other Collateral securing Lessee's obligations under any Schedule, Lessee acknowledges and agrees as follows: (i) Lessor shall have no obligation,
subject to the requirements of commercial reasonableness, to clean-up or otherwise prepare the Equipment or any other Collateral for disposition, (ii) Lessor may
comply with any applicable state or federal law requirements in connection with any disposition of the Equipment or other Collateral, and any actions taken in
connection therewith shall not be deemed to have adversely affected the commercial reasonableness of any such disposition, and (iii) Lessor may convey the Equipment
and any other Collateral on an "AS IS, WHERE IS" basis, and without limiting the generality of the foregoing, may specifically exclude or disclaim any and all
warranties, including any warranty oftitle or the like with respect to the disposition of the Equipment or other Collateral, and no such conveyance or such exclusion or
such disclaimer of any warranty shall be deemed to have adversely affected the commercial reasonableness of any such disposition. These remedies are cumulative of
every other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise, and may be enforced concurrently therewith or
from time to time.
22, PERFORMANCE OF LESSEE'S OBLIGATIONS. If Lessee fails to perform any of its obligations hereunder, Lessor may perform any act or make any
payment that Lessor deems reasonably necessary for the maintenance and preservation of the Equipment and Lessor's interests therein; provided, however, that the
performance ofany act or payment by Lessor shall not be deemed a waiver of, or release Lessee from, the obligation at issue. All sums so paid by Lessor, together with
expenses (including legal fees and costs) incurred by Lessor in connection therewith, shall be paid to Lessor by Lessee immediately upon demand.
23, TRUE LEASE; SECURITY INTEREST; MAXIMUM RATE. Each Lease is intended to be a "Finance Lease" as defined in Article 2A of the UCC, and
Lessee hereby authorizes Lessor to file a financing statement to give public notice of Lessor's ownership of the Equipment. The parties' intent that each Lease be a
Finance Lease" within the meaning of Article 2A and the UCC shall have no effect on the characterization of any Lease for accounting purposes, which
characterization shall be made by each party independently on the basis of generally accepted accounting principles in the United States in effect at the time. Lessee, by
its execution of each Schedule, acknowledges that Lessor has informed it that (a) the identity of Seller is set forth in the applicable Schedule, (b) Lessee is entitled under
Article 2A of the UCC to the promises and warranties, including those of any third party, provided to Lessor in connection with, or as a part of, the applicable Purchase
Documents, and (c) Lessee may communicate with Seller and receive an accurate and complete statement of the promises and warranties, including any disclaimers and
limitations of them or of remedies. If (I) notwithstanding the express intention of Lessor and Lessee to enter into a true lease, any Lease is ever deemed by a court of
competent jurisdiction to be a lease intended for security, or (2) Lessor and Lessee enter into a Lease with the intention that it be treated as a lease intended as security
by so providing in the applicable Schedule, then to secure payment and performance of Lessee's obligations under this Master Agreement and all Leases, Lessee hereby
grants Lessor a purchase money security interest in the related Equipment and in all attachments, accessories, additions, substitutions, products, replacements, rentals
and proceeds (including, without limitation, insurance proceeds) thereto as well as a security interest in any other equipment financed pursuant to this Master
Agreement or any other agreement between Lessor and Lessee (collectively, the "Collateral"). In any such event, notwithstanding any provisions contained in this
Master Agreement or in any Schedule, neither Lessor nor any Assignee shall be entitled to receive, collect or apply as interest any amount in excess of the maximum
rate or amount permitted by applicable law. In the event Lessor or any Assignee ever receives, collects or applies as interest any amount in excess of the maximum
amount permitted by applicable law, such excess amount shall be applied to the unpaid principal balance and any remaining excess shall be refunded to Lessee In
determining whether the interest paid or payable under any specific contingency exceeds the maximum rate or amount permitted by applicable law, Lessor and Lessee
shall, to the maximum extent permitted under applicable law, characterize any non-principal payment as an expense or fee rather than as interest, exclude voluntary
prepayments and the effect thereof, and spread the total amount of interest over the entire term of this Master Agreement and all Leases.
24, ASSIGNMENT. Lessor shall have the unqualified right to sell, assign, grant a security interest in or otherwise convey any part of its interest in this Master
Agreement, any Lease or any Equipment, in whole or in part, without prior notice to or the consent of Lessee If any Lease is sold, assigned, or otherwise conveyed,
Lessee agrees that Lessor's purchaser, assignee or transferee, as the case may be ("Assignee") shall (a) have the same rights, powers and privileges that Lessor has
under the applicable Lease, (b) have the right to receive from Lessee all amounts due under the applicable Lease; and (c) not be required to perform any obligations of
Lessor, other than those that are expressly assumed in writing by such Assignee. Lessee agrees to execute such acknowledgements to such assignment as may be
reasonably requested by Lessor or the Assignee. Lessee further agrees that, in any action brought by such Assignee against Lessee to enforce Lessor's rights hereunder,
Lessee will not assert against such Assignee any set-off, defense or counterclaim that Lessee may have against Lessor or any other person. Unless otherwise specified
by Lessor and the Assignee, Lessee shall continue to pay all amounts due under the applicable Lease to Lessor; provided, however, that upon notification from Lessor
and the Assignee, Lessee covenants to pay all amounts due under the applicable Lease to such Assignee when due and as directed in such notice. Lessee further agrees
that any Assignee may further sell, assign, grant a security interest in or otherwise convey its rights and interests under the applicable Lease with the same force and
effect as the assignment described herein Lessee may not assign, transfer, sell, sublease, pledge or otherwise dispose of this Master Agreement, any Lease, any
Equipment or any interest therein.
25. FURTHER ASSURANCES. Lessee agrees to promptly execute and deliver to Lessor such further documents and take such further action as Lessor may require
in order to more effectively carry out the intent and purpose of this Master Agreement and any Schedule. Without limiting the generality of the foregoing, Lessee
agrees (a) to furnish to Lessor from time to time, its certified financial statements, officer's certificates and appropriate resolutions, opinions ofcounsel and such other
information and documents as Lessor may reasonably request, and (b) to execute and timely deliver to Lessor such documents that Lessor deems necessary to perfect or
protect Lessor's security interest in the Collateral or to evidence Lessor's interest in the Equipment. It is also agreed that Lessor or Lessor's agent may file as a
financing statement, any lease document (or copy thereof, where permitted by law) or other financing statement that Lessor deems appropriate to perfect or protect
Lessor's security interest in the Collateral or to evidence Lessor's interest in the Equipment. Lessee hereby appoints Lessor and any agent of Lessor as Lessee's
attorney-in-fact, with full power of substitution in its place and stead, in its name or in the name of Lessor to from time to time in Lessor's sole discretion take any
action and to execute any instrument which Lessor may deem necessary or advisable to protect Lessor's interests hereunder. Lessee acknowledges and agrees that such
appointment is coupled with an interest and is irrevocable until the expiration or termination of all Leases and financings and the satisfaction by Lessee of all of its
obligations hereunder. Upon demand, Lessee will promptly reimburse Lessor for any filing or recordation fees or expenses (including legal fees and costs) incurred by
Lessor in perfecting or protecting its interests in any Collateral. Lessee represents and warrants that Lessee's name as set forth in the signature block below is Lessee's
full and accurate legal name and that the information set forth on the first page hereof regarding its organization number, tax identification number and location is true
and correct as of the date hereof. Lessee further agrees to provide Lessoradvance written notice of any change in the foregoing.
26. TERM OF MASTER AGREEMENT; SURVIVAL. This Master Agreement shall commence and be effective upon the execution hereof by both parties and
shall continue in effect until terminated by either party by 30 days prior written notice to the other, provided that the effective date of the termination is after all
obligations of Lessee arismg hereunder and pursuant to any Schedule have been fully satisfied. Notwithstanding the foregoing, all representations, warranties and
covenants made by Lessee hereunder shall survive the termination of this Master Agreement and shall remain in full force and effect. All of Lessor's rights, privileges
and indemnities under this Master Agreement or any Lease, to the extent they are fairly attributable to events or conditions occurring or existing on or prior to the
expiration or termination of such Lease, shall survive such expiration or termination and be enforceable by Lessor and Lessor's successors and assigns
27. WAIVER OF JURY TRIAL. LESSEE AND LESSOR HEREBY EXPRESSLY WAIVE ANY RIGHT TO DEMAND A JURY TRIAL WITH RESPECT
TO ANY ACTION OR PROCEEDING INSTITUTED BY LESSOR OR LESSEE IN CONNECTION WITH THIS MASTER AGREEMENT OR ANY
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FUNDAMENTAL AGREEMENT. Except as specifically provided in this Section 27, the parties shall retain all rights under applicable law pursuant to Section 29(a)
below.
28. NOTICES. All notices, requests, demands, waivers and other communications required or permitted to be given under this Master Agreement or any other
Fundamental Agreement shall be in writing and shall be deemed to have been received upon receipt if delivered personally or by a nationally recognized overnight
courier service, or by confirmed facsimile transmission, or 3 days after deposit in the United States mail, certified, postage prepaid with return receipt requested,
addressed as follows (or such other address or fax number as either party shall so notify the other):
Ifto Lessor:If to Lessee:
City of Clearwater, Florida
100 South Myrtle Ave; Suite 360
Clearwater, FL 33756
Attn: Dan Maver - Director of IT ("Authorized Lessee Representative")
Fax:
Hewlett-Packard Financial Services Company
420 Mountain Avenue, P.O. Box 6
Murray Hill, New Jersey 07974-0006
Attn: Director ofOperations North America
Fax (908) 898-4109
29. MISCELLANEOUS
a) Governing Law. THIS MASTER AGREEMENT AND EACH LEASE SHALL BE GOVERNED BY THE INTERNAL LAWS (AS OPPOSED TO
CONFLICTS OF LAW PROVISIONS) OF THE STATE OF EQUIPMENT LOCATION.
b) Credit Review. Lessee consents to a reasonable credit review by Lessor for each Lease.
c) Captions and References. The captions contained in this Master Agreement and any Schedule are for convenience only and shall not affect the interpretation of
this Master Agreement or any Lease. All references in this Master Agreement to Sections and Exhibits refer to Sections hereof and Exhibits hereto unless otherwise
indicated
d) Entire Agreement; Amendments. This Master Agreement and all other Fundamental Agreements executed by both Lessor and Lessee constitute the entire
agreement between Lessor and Lessee relating to the leasing of the Equipment, and supersede all prior agreements relating thereto, whether written or oral, and may not
be amended or modified except in a writing signed by the parties hereto
e) No Waiver. Any failure of Lessor to require strict performance by Lessee, or any written waiver by Lessor of any provision hereof, shall not constitute consent or
waiver ofany other breach of the same or any other provision hereof.
I) Lessor Affiliates. Lessee understands and agrees that Hewlett-Packard Financial Services Company or any affiliate or subsidiary thereof may, as lessor, execute
Schedules under this Master Agreement, in which event the terms and conditions of the applicable Schedule and this Master Agreement as it relates to the lessor under
such Schedule shall be binding upon and shall inure to the benefit of such entity executing such Schedule as lessor, as well as any successors or assigns of such entity.
g) Invalidity. If any provision of this Master Agreement or any Schedule shall be prohibited by or invalid under law, such provision shall be ineffective only to the
extent ofsuch prohibition or invalidity, without invalidating the remainder ofsuch provision or the remaining provisions of this Master Agreement or such Schedule.
h) Counterparts. This Master Agreement may be executed in counterparts, which collectively shall constitute one document.
i) Lessor Reliance. Lessor may act in reliance upon any instruction, instrument or signature reasonably believed by Lessor in good faith to be genuine. Lessor may
assume that any employee ofLessee who executes any document or gives any written notice, request or instruction has the authority to do so.
30 DEFINITIONS. All capitalized terms used in this Master Agreement have the meanings set forth below or in the Sections of this Master Agreement referred to
below:
Acceptance Certificate" means an Acceptance Certificate in substantially the form of Exhibit B executed by Lessee and delivered to Lessor in accordance with
Section 3.
Acceptance Date" means, as to any Lease, the date Lessee shall have accepted the Equipment subject to such Lease in accordance with Section 3.
Autborized Lessee Representative" has the meaning specified in Section 28.
Assignee" means any assignee of all or any portion of Lessor's interest in this Master Agreement, any Schedule or any Equipment, whether such assignee
received the assignment ofsuch interest from Lessor or a previous assignee of such interest.
Casualty Loss" means, with respect to any Equipment, the condemnation, taking, loss, destruction, theft or damage beyond repair ofsuch Equipment.
Casualty Value" means, as to any Equipment, an amount determined as of the date ofthe Casualty Loss or Lessee Default in question pursuant to a "Table of
Casualty Values" attached to the applicable Schedule or, if no "Table of Casualty Values" is attached to the applicable Schedule, an amount equal to the sum of (i) the
present value as of the date of the Casualty Loss or Lessee Default in question (discounted at 5% per annum, compounded monthly) of all Rent payments payable after
such date through the scheduled date of expiration of the Then Applicable Term, plus (ii) the present value as of the date of the Casualty Loss or Lessee Default in
question (discounted at 5% per annum, compounded monthly, from the scheduled date of expiration of the Then Applicable Term) of an amount determined by
multiplying the applicable casualty percentage specified below by the Total Cost of such Equipment. The applicable casualty percentage shall be 35% for Equipment
having an Initial Term of less than 24 months; 30% for Equipment having an Initial Term of 24 months or greater, but less than 36 months: 25% for Equipment having
an Initial Term of 36 months or greater, but less than 48 months; and 20% for Equipment having an Initial Term of48 months or greater.
Claims" means all claims, actions, suits, proceedings, costs, expenses (including, without limitation, court costs, witness fees and attorneys' fees), damages,
obligations, judgments, orders, penalties, fines, injuries, liabilities and losses, including, without limitation, actions based on Lessor's strict liability in tort.
Code" means the Internal Revenue Code of 1986, as amended.
Collateral" has the meaning specified in Section 23.
Daily Rent" means, as to any Lease, an amount equal to the per diem Rent payable under the applicable Schedule (calculated on the basis of a 360 day year and
30 day months).
End-of-Term Notice" means, as to any Lease, a written notice delivered by Lessee to Lessor at least 90 days prior to the end of the Initial Term, any Renewal
Term or any optional extension of the Initial Term or any Renewal Term setting forth Lessee's elections pursuant to Section 4 with respect to the Equipment subject to
such Lease. Each End-of-Term Notice shall specify on a line item basis and in the same format as the Equipment is described in the applicable Schedule (or ifdifferent,
in the applicable Acceptance Certificate) the Units of Equipment to be purchased by Lessee (if any), as to which the Lease is to be renewed (if any) and that are to be
returned to Lessor (ifany).
Equipment" has the meaning specified in Section I.
Equipment Location" means, as to any Equipment, the address at which such Equipment is located from time to time, as originally specified in the applicable
Schedule and as subsequently specified in a notice delivered to Lessor pursuant to Section 12, ifapplicable.
Fair Market Value" means the total price that would be paid for any specified Equipment in an arm's length transaction between an informed and willing buyer
other than a used equipment dealer) under no compulsion to buy and an informed and willing seller under no compulsion to sell. Such total price shall not be reduced
by the costs ofremoving such Equipment from its current location or moving it to a new location
Fair Rental Value" means the amount of periodic rent that would be payable for any specified Equipment in an arm's length transaction between an informed
and willing lessee and an informed and willing lessor, neither under compulsion to lease. Such amount shall nol be reduced by the costs of removing such Equipment
from its current location or moving it to a new location.
Final Invoice Amount" has the meaning set forth in Section 2(c).
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First Payment Date" means, as to any Lease, the date the first Rent payment with respect to the Initial Term ofsuch Lease is due, as determined pursuant to the
terms ofthe applicable Schedule.
Fiscal Period" shall mean the fiscal year of Lessee, as it may be more particularly described in a Schedule.
Fundamental Agreements" means, collectively, this Master Agreement, each Schedule and Acceptance Certificate and all other related instruments and
documents.
Hardware" means items oftangible equipment and other property.
Initial Term" means, as to any Lease, the initial term thereofas specified in the related Schedule.
Lease" has the meaning specified in Section 2(a).
Lessee" has the meaning specified in the preamble hereof.
Lessee Default" has the meaning specified in Section 20.
Lessor" has the meaning specified in the preamble hereof.
License Agreement" means any license agreement or other document granting the purchaser the right to use Software or any technical information, confidential
business information or other documentation relating to Hardware or Software, as amended, modified or supplemented by any other agreement between the licensor and
Lessor.
Master Agreement" has the meaning specified in the preamble hereof.
Material Agreements" means, collectively, all Fundamental Agreements, all other material agreements by and between Lessor and Lessee, and any application
for credit, financial statement, or financial data required to be provided by Lessee in connection with any Lease.
Mobile PC Equipment" has the meaning specified in Section 12 hereof.
Non-Appropriation" has the meaning specified in Section 7.
Optional Additions" has the meaning specified in Section 11
PC Equipment" means, collectively, personal computers (e.g., workstations, desktops and notebooks) and related items of peripheral equipment (e.g., monitors,
printers and docking stations).
Purchase Documents" means, as to any Equipment, any purchase order, contract, bill of sale, License Agreement, invoice and/or other documents that Lessee
has, at any time, approved, agreed to be bound by or entered into with any Supplier of such Equipment relating to the purchase, ownership, use or warranty of such
Equipment.
Renewal Agreement" has the meaning specified in Section 4.
Renewal Term" has the meaning specified in Section 4.
Rent" has the meaning specified in Section 5.
Schedule" means, unless the context shall otherwise require a Schedule executed by Lessor and Lessee pursuant to Section 2(a).
Seller" means, as to any Equipment, the seller of such Equipment as specified in the applicable Schedule.
Software" means copies ofcomputer software programs owned or licensed by Lessor, and any disks, CDs, or other media on which such programs are stored or
written.
State" means any of the states of the United States, its territories and possessions.
Stipulated Loss Value" means, as to any Equipment, an amount equal to the sum of (a) all Rent and other amounts due and owing with respect to such
Equipment as ofthe date ofpayment of such amount, plus (b) the Casualty Value ofsuch Equipment.
Substitute Equipment" means, as to any item of Hardware or Software subject to a Lease, a substantially equivalent or better item of Hardware or Software
having equal or greater capabilities and equal or greater Fair Market Value manufactured or licensed by the same manufacturer or licensor as such item of Hardware or
Software subject to a Lease. The determination of whether any item of Equipment is substantially equivalent or better than an item of Equipment subject to a Lease
shall be based on all relevant facts and circumstances, but shall minimally require, in the case of a computer, that each ofprocessor, hard-drive, random access memory
and CD ROM drive, if applicable, be equivalent or better.
Supplier" means as to any Equipment, the Seller and the manufacturer or licensor of such Equipment collectively, or where the context requires, any of them.
System Software" means an item of Software that is pre-loaded on an item of Hardware purchased by Lessor for lease hereunder for which the relevant
Purchase Documents specify no purchase price separate from the aggregate purchase price speCified for such items of Hardware and Software.
Taxes" means all license and registration fees and all taxes (local, state and federal), fees, levies, imposts, duties, assessments, charges and withholding of any
nature whatsoever, however designated (including, without limitation, any value added, transfer. sales, use. gross receipts, business, occupation, excise, personal
property, real property, stamp or other taxes) other than taxes measured by Lessor's income.
Term" means the term thereofas specified in the related Schedule.
Then Applicable Term" means, as to any Lease, the term of the Lease in effect at the time of determination, whether it be the Initial Term, any Renewal Term
or any optional or other automatic extension of the Initial Term or any Renewal Term pursuant to Section 4.
Total Cost" means as to any Lease, the total acquisition cost to Lessor of the Equipment subject to such Lease as set forth in the applicable Purchase Documents,
including related delivery, installation, taxes and other charges which Lessor has agreed to pay and treat as a portion of such acquisition cost, ifany.
Total Term" means, as to any Lease, the aggregate term of such Lease, including the Initial Term, any Renewal Term and any optional or other automatic
extension ofthe Initial Term or any Renewal Term pursuant to Section 4.
UCC" means the Uniform Commercial Code as enacted and in effect in any applicable jurisdiction.
Unit of Equipment" means, as to the Equipment leased pursuant to any Schedule (a) each individual item of PC Equipment leased pursuant to such Schedule,
and (b) all Equipment taken as a whole leased pursuant to such Schedule other than PC Equipment taken as a whole.
IN WITNESS WHEREOF, LESSEE AND LESSOR HAVE EXECUTED THIS MASTER AGREEMENT ON THE DATES SPECIFIED BELOW.
LESS~
CITY OF E . RWA ~ER, FLORIDA
By: 8 . ~-:JL.
William B. Horne II I City Manal!er
Name and Title
to / :J-I () ~
Date
2 Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc in the states ofAlabama and New York.
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By:
Frank V. Hibbard / Ma or
Name and Title
Date
Date
Authorized to do business in the name or Hewlett-Packard Financial Services Company, Inc. in the states orAlabama and New York.
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Exhibit A to Master Agreement
Master Agreement Number
Schedule Number
COUNTERPART NO. OF . TO THE EXTENT THAT THIS SCHEDULE CONSTITUTES CHATTEL PAPER (AS DEFINED ON THE
UCC), NO SECURITY INTEREST IN THIS SCHEDULE MAY BE CREATED THROUGH THE TRANSFER OR POSSESSION OF ANY
COUNTERPART OTHER THAN COUNTERPART NO. I.
STATE AND LOCAL GOVERNMENT MASTER OPERATING LEASE AGREEMENT
SCHEDULE
Hewlett-Packard Financial Services Company] ("Lessor") and , an agency, department or political subdivision of the State of
Lessee") are parties to the State and Local Government Master Operating Lease Agreement identified by the Master Agreement Number specified above
the "Master Agreement"). This Schedule (which shall be identified by the Schedule Number specified above) and the Master Agreement together comprise a separate
Lease between the parties. The terms and conditions of the Master Agreement are hereby incorporated by reference into this Schedule. All capitalized terms used in
this Schedule without definition have the meanings ascribed to them in the Master Agreement.
I. LEASE.
A. Descriotion of Items of Leased EQuioment Total Cost
B. Initial Term:Months.
2. RENT $
RENT is payable:in advance _in arrears (check one)monthly
semi-annually
quarterly (check one)
annually
If the Rent is due in advance, then the first Rent payment shall be due on the Acceptance Date. If the Rent is due in arrears, then the first Rent
payment shall be due at the end ofthe first payment frequency period as selected above.
3. LATEST COMMENCEMENT DATE:
before the Latest Commencement Date.
Lessor's obligation to purchase and lease the Equipment is subject to the Acceptance Date being on or
4. EQUIPMENT LOCATION:
5. SELLER:
6. APPROPRIATIONS: Monies for all Rent and other payments due under the Lease for the Fiscal Period ending are available from Lessee's
appropriated funds for such Fiscal Period and that appropriations and/or other funds have been encumbered or designated for the payment of all Rent and other
payments that shall become due under the Lease in such Fiscal Period.
7. ADDITIONAL PROVISIONS:
8. FISCAL PERIOD: _(Annual]
LESSOR AGREES TO LEASE TO LESSEE AND LESSEE AGREES TO LEASE FROM LESSOR THE EQUIPMENT DESCRIBED IN SECTION I.A ABOVE. SUCH LEASE WILL BE
GOVERNED BY THE MASTER AGREEMENT AND THIS SCHEDULE. INCLUDING THE IMPORTANT ADDITIONAL TERMS AND CONDITIONS SET FORTH ABOVE. IN THE
EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THIS SCHEDULE AND THE MASTER AGREEMENT. THE TERMS OF THIS SCHEDULE SHALl. GOVERN. LESSEE
HEREBY REPRESENTS AND WARRANTS THAT ON AND AS OF THE DATE HEREOF EACH OF THE REPRESENTATIONS AND WARRANTIES MADE BY l.ESSEE IN THE
MASTER AGREEMENT ARE TRUE. CORRECT AND COMPl.ETE.
LESSEE:LESSOR:
HEWLETT-PACKARD FINANCIAL SERVICES COMPANY'
By:By:
Name and TitleNameandTitle
DateDate
I Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc in the states of Alabama and New York
2 Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states of Alabama and New York
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Exhibit B to Master Agreement
Master Agreement Number
Schedule Number
STATE AND LOCAL GOVERNMENT MASTER OPERATING LEASE AGREEMENT
ACCEPTANCE CERTIFICATE
Hewlett-Packard Financial Services Company' ("Lessor") and , an agency, department or political subdivision of the State of
Lessee") are parties to the State and Local Government Master Operating Lease Agreement (the "Master Agreement") and Schedule under such Master
Agreement (the "Schedule") identified by the Master Agreement Number and Schedule Number, respectively, specified above. The Master Agreement and Schedule
together comprise a separate Lease, that is being accepted and commenced pursuant to this Acceptance Certificate. All capitalized terms used in this Acceptance
Certificate without definition have the meanings ascribed to them in the Master Agreement.
I. LEASE ACCEPTANCE. Lessee hereby acknowledges that the Equipment described in Section I of the Schedule, or if different, the Equipment
described in the attached invoice or other attachment hereto, has been delivered to the Equipment Location specified below, inspected by Lessee and found to be in
good operating order and condition, and has been unconditionally and irrevocably accepted by Lessee under the Lease evidenced by the Master Agreement and the
Schedule as of the Acceptance Date set forth below. Lessee authorizes Lessor to adjust the Rent payments on the Schedule to renectthe Final Invoice Amount set forth
on the attached invoice(s) if such amount is different than the Total Cost on the Schedule subject to City of Clearwater Code of Ordinances, Part II, Article VI, Division
3, Sections 2.541 to 2.602.
2. LESSEE ACKNOWLEDGEMENTS. Lessee hereby agrees to faithfully perform all of its obligations under the Master Agreement and the Schedule
and reaffirms, as of the date hereof, its representations and warranties as set forth in the Master Agreement. Lessee hereby acknowledges its agreement to pay Lessor
Rent payments, as set forth in the Schedule, plus any applicable taxes, together with all other costs, expenses and charges whatsoever which Lessee is required to pay
pursuant to the Master Agreement and the Schedule, in each instance at the times, in the manner and under the terms and conditions set forth in the Master Agreement
and the Schedule, respectively.
3. EQUIPMENT LOCATION. The Equipment has been installed and is located at the following Equipment Location:
4. REPRESENTATlONS AND WARRANTIES. Lessee hereby represents and warrants that on and as of the date hereof each ofthe representations and
warranties made by Lessee in the Master Agreement are true, correct and complete.
LESSEE]
By:
Name and Title
Acceptance Date:
J Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states ofAlabama and New York.
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Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4136
Agenda Date: 12/21/2017 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 8.2
SUBJECT/RECOMMENDATION:
Approve a contract and work order to H.W. Lochner, of Tampa, Florida, for Druid Trail Phase IV
(04-0021-PR) Construction Engineering Inspection (CEI) and Local Agency Program (LAP)
Administration in the amount of $285,217.95 and authorize the appropriate officials to execute
same.
SUMMARY:
On August 16, 2017, a selection committee chose H.W. Lochner, of Tampa, Florida, to provide
CEI and LAP Administration Services through the Request for Qualifications (RFQ 23-17)
process.
This contract is for professional services to monitor and enforce the plans and specifications
associated with Druid Trail Phase IV construction contract. Additionally, it will ensure
compliance with all federal and state standards involved in a LAP project.
On December 7, 2017, City Council awarded a construction contract to Keystone Excavators
in the amount of $3,126,188.51 to construct Druid Trail Phase IV, a pedestrian and bicycle trail
to connect The Duke Energy Trail with existing Druid Trail which now terminates at Glen Oaks
Park, and intersection improvements along Druid Road.
Services will begin upon execution of this contract.
Druid Trail Phase IV will be maintained by Parks & Recreation Department as part of the
Clearwater Trail System.
On January 19, 2017, City Council approved a Local Agency Program (LAP) agreement
between the City of Clearwater and Florida Department of Transportation (FDOT) for Druid
Trail Phase IV from South Evergreen Avenue to Duke Energy Trail in the amount of $2,223,803.
May 4, 2017, City Council approved amendment 1 to increase FDOT funding to $2,291,784 and
extend the LAP agreement through October 31, 2018.
APPROPRIATION CODE AND AMOUNT:
0315-92146-561000-541-000-0000 $285,217.95
Funds are available in capital improvement project 315-92146, Druid Rd Improvements , in the
amount of $285,217.95 to fund the work order.
Page 1 City of Clearwater Printed on 12/20/2017
CITY OF CLEARWATER, FLORIDA
PROFESSIONAL SERVICES AGREEMENT
With
H.W. LOCHNER, INC.
For
PROFESSIONAL SERVICES FOR
CONSTRUCTION ENGINEERING AND INSPECTION
DRUID TRAIL PHASE IV - FPN 432580-1-68-01
2017
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PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”), made and
entered into this ____ day of December, 2017 ("Execution Date"), by and between the City of Clearwater, Florida (“City") and H.W. Lochner, Inc. (“Consultant”). NOW THEREFORE in consideration of the promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Consultant agree as follows:
SECTION 1.0 — DEFINITIONS
1.1 “Consultant" shall mean H.W. Lochner, Inc.
1.2 “Consultant Representative" shall mean any employee, agent, subcontractor,
subconsultant, consultant, or other representative of the Consultant.
1.3 "City” shall mean City of Clearwater, Florida.
1.4 “City’s Project Manager” shall mean the individual designated in a Work Order (as
defined herein) as the City’s Project Manager.
1.5 “Day(s)” or “day(s)" shall means calendar days, unless otherwise set forth in this
Agreement.
1.6 “Deliverables” shall mean all data, reports, compliance documents,
correspondence, the construction documents, and all other materials produced and developed by the Consultant pursuant to this Agreement.
1.7 “Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo.
1.8 “Funding Agency” shall mean any State or Federal Agency that provide funding to
the City for any Project.
1.9 “Parties" shall mean the City and the Consultant.
1.10 “Project" shall mean the project identified in a Work Order.
1.11 "Scope of Services" means those services set forth in Section 4.0 and a Work Order that are required to be performed by the Consultant in accordance with the terms and conditions of this Agreement.
1.12 "Work Order" shall mean a written document that specifically describes the Project services to be provided by the Consultant, a schedule or timeline for completion of such services, the not to exceed amount for such services and any other terms
and conditions required by the City for such services, and any amendments to such Work Order (to the extent such Work Order amendments are permitted
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pursuant to Section 18).
1.13 “Work" shall mean all the work to construct a Project that is required to be performed by a contractor pursuant to a construction agreement between the City and contractor.
SECTION 2.0 — TERM OF AGREEMENT
2.1 The initial term of this Agreement shall commence on the Execution Date and remain in effect for two years.
2.2 Notwithstanding Section 2.1 above, this Agreement shall remain in effect for the period necessary for Consultant to complete Project services pursuant to a Work
Order issued prior to the expiration of the Term of this Agreement (all services pursuant to a Work Order shall be for the same Project as required by Section 18.2).
2.3 References in this Agreement to "Term” shall include the initial term of this Agreement and all renewal terms.
2.4 Terms and conditions of this Agreement remain in effect and unchanged during the term unless there is a Contract Adjustment (as defined herein) in accordance with Section 18.
2.5 Nothing in this section shall limit or affect the City’s right to terminate this
Agreement (and all services being performed pursuant to Work Orders) in accordance with the termination section set forth in this Agreement.
SECTION 3 .0 — REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGMENTS
3.1 The Consultant is professionally qualified to provide the Scope of Services and is licensed to practice architecture or engineering in the State of Florida by all public entities having jurisdiction over the Consultant and the Project.
3.2 The Consultant shall be responsible for construction engineering and inspection
required by this Agreement.
3.3 The Consultant shall maintain all necessary licenses, permits or other
authorizations necessary to act as the Consultant and which are required to provide the Scope of Services during the Term of this Agreement.
3.4 The Consultant shall exercise that degree of care and skill ordinarily exercised by members of the same profession and shall perform the Scope of Services using reasonable skill and judgment in accordance with sound business, ethical and professional standards.
3.5 The Consultant represents that it has or will secure, at its own expense, all
personnel required to perform the Scope of Services required by this Agreement.
3.6 The Consultant warrants that it has not employed or retained any company or
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person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that Consultant has not paid or agreed to pay any
person, company corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement.
3.7 The Consultant acknowledges that the Consultant is responsible for the acts and omissions (including negligent, reckless or intentionally wrongful acts and omissions) of any Consultant Representative in the performance of the Scope of Services required by this Agreement.
3.8 The Consultant accepts the relationship of trust and confidence established
between it and the City by this Agreement. The Consultant covenants with the City to cooperate to furnish professional efforts during the Term of this Agreement that are consistent with reasonable professional practices and the best interest of the City.
3.9 The Consultant shall be responsible for the professional quality, technical accuracy
and the coordination of all Deliverables furnished, produced and developed by the Consultant under this Agreement.
3.10 The Consultant shall maintain Florida Department of Transportation prequalification in Type 10.1 “Roadway CEI” (F.A.C. 14.75.003(5)(i)1.a) and Type 10.3 “Construction Materials Inspection” (F.A.C. 14.74.003(5)(i)1.c) throughout
the duration of the project.
3.11 The Consultant acknowledges that the City reserves the right to enter into
agreements with other firms or entities to assist the City with its review of the Deliverables, any Project component(s), and the Work.
3.12 The Consultant represents and warrants that it has the right to access and use all equipment, services, software, computer models, data, routines, technology, other intellectual property incident to providing the Scope of Services required by this Agreement (collectively, the “Intellectual Property"). The Consultant is responsible for
any infringement or claim of infringement of any patent, trademark, copyright, trade secret, or other proprietary interest arising out of the Consultant’s use of the Intellectual Property.
SECTION 4.0 — SCOPE OF SERVICES
4.1 The professional services to be performed by the Consultant are to be on a continuing basis as directed by the City with the emphasis of the Scope of Services placed on the items and categories set forth in Appendix “A” (Work Order Initiation
Form).
4.2 The detailed services that the Consultant shall perform for the City shall be set forth in a Work Order, which shall, after execution by the Consultant and the City, be incorporated and made a part of this Agreement. A Work Order shall only be
amended in strict accordance with this Agreement.
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SECTION 5.0 — CITY’S RESPONSIBILITIES
5.1 The City shall provide all available information regarding the Project to the
Consultant, and shall provide direction to the Consultant consistent with the terms and conditions of this Agreement.
5.2 The City shall evaluate the Consultant’s performance upon completion of each
Work Order.
SECTION 6.0 — COMPENSATION INVOICE
6.1 Provided that the Consultant faithfully performs its obligations contained in a Work
Order and subject to other terms and conditions of this Agreement, the City hereby
agrees to pay the Consultant the not to exceed amount set forth in a Work Order,
which amount shall be calculated pursuant to the rate schedule set forth in
Appendix “B”. Such fees and costs set forth in Appendix B shall be inclusive of all out-of-pocket expenses, including but not limited to transportation, lodging, meals,
materials, and documents required by this Agreement.
6.2 The Consultant shall invoice the City on a monthly basis and the City shall pay the
Consultant within forty-five (45) days of receipt of such invoice (provided the
Consultant is in compliance with the terms and conditions of this Agreement and a Work Order). The monthly invoice shall be in the form and contain the detail required by the City’s Project Manager.
6.3 The not to exceed amount set forth in a Work Order may be increased only in strict accordance with this Agreement. Nothing in this Agreement shall be construed as placing any obligation on the City to pay any fees and costs to the Consultant incurred beyond the not to exceed amount set forth in a Work Order or any amendment thereto without the Parties following the Contract Adjustments (as defined herein) procedure set forth in Section 18 of this Agreement.
SECTION 7.0 - NON-COMPENSATED SERVICES
7.1 The Consultant shall not be compensated for any services required to correct
errors, omissions, or deficiencies in the Deliverables furnished, produced and/or
developed by the Consultant or any Consultant Representative.
7.2 The Consultant shall not be compensated for any services required to bring any Deliverable(s) in compliance with applicable Laws (e.g., Americans with
Disabilities Act and Florida Building Code) in effect at the time such Deliverable(s)
was provided to the City in accordance with this Agreement.
SECTION 8.0 — INDEMNIFICATION 8.1 The Consultant shall indemnify and hold harmless the City, and its officers and
employees, (collectively, the “Indemnified Parties”) from liabilities, damages,
losses, and costs, including, but not limited to, reasonable attorneys' fees, to the
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extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant or any Consultant Representative in the performance of this
Agreement.
8.2 The provisions of this section are independent of, and will be limited by, any insurance required to be obtained by the Consultant pursuant to this Agreement or
otherwise obtained by the Consultant.
SECTION 9.0 — INSURANCE
9.1 The ENGINEER 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
ENGINEER'S deductible or self -insured retention and to require that it be reduced
or eliminated.
9.2 Specifically the ENGINEER 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:
9.2.1 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
9.2.2 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.
9.2.3 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.
9.2.4 If the ENGINEER 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 ENGINEER' S Equipment Insurance or
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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.
9.2.5 Professional Liability Insurance coverage appropriate for the type of
business engaged in by the ENGINEER 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.
9.2.6 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.
9.2.7 Florida Department of Transportation shall be added as a certificate
holder for any and all required insurance.
SECTION 10.0 — OWNERSHIP OF DELIVERABLES
10.1 The City shall solely own all Deliverables, including the copyright and all other
associated intellectual property rights, produced and developed by the Consultant
pursuant to the terms and conditions set forth in this Agreement. All Deliverables
shall be submitted to the City prior to the City issuing final payment to the
Consultant.
SECTION 11.0 — SUBCONTRACTS
11.1 The Consultant may hire or use subcontractors or subconsultants in connection with the performance of the Consultant’s obligations under this Agreement. Unless
context clearly indicates otherwise, the terms “subcontractor” and “subconsultant”
shall be interchangeable in this Agreement, and the terms “subcontract
agreement” and "subconsulting agreement" shall likewise be interchangeable in this Agreement.
11.2 The Consultant shall give advance notification to the City’s Project Manager of any proposed subcontract agreement or any change to any existing subcontract agreement. Such advance notice shall include the following:
11.2.1 A description of the supplies or services called for by the subcontract or
change to an existing subcontract.
11.2.2 Identification of the proposed subcontractor and an explanation of why
and how the proposed subcontractor was selected.
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11.2.3 The proposed subcontractor price. 11.3 The Consultant shall be responsible for negotiating the terms and conditions of
each subcontract agreement. The Consultant is also solely responsible for ensuring that each subcontractor acts in a manner consistent with and in accordance with the terms and conditions of this Agreement. The Consultant
shall
require each subcontractor to (i) obtain the same types and amount of insurance
and comply with all insurance provisions that are required of the Consultant
pursuant to this Agreement (unless otherwise approved by the City in writing) and
(ii) Indemnify and hold harmless the Indemnified Parties to the same extent as
the Consultant under this Agreement. The Consultant’s retention of a
subcontractor does not relieve the Consultant of any of its duties, obligations, or
representations under this Agreement.
11.4 The Consultant shall not change a subcontract agreement without the prior written consent of the City's Project Manager. Any consent of the City’s Project Manager
does not relieve the Consultant from any obligations under this Agreement and does not constitute a waiver of any of the City's rights under this Agreement. The City's Project Manager may, at its discretion, ratify in writing any such subcontract which shall constitute the City’s consent as required by this Section 11.4.
SECTION 12.0 — DISPUTES
12.1 Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement, which is not disposed of by a
supplemental agreement, shall be decided by the City's Project Manager, who
shall provide a written decision to the Consultant. The decision of the City’s
Project Manager shall be final and conclusive, unless within fifteen (15) days from
the date of receipt of such copy, the Consultant mails or otherwise furnishes to the City’s Project Manager a written notice of dispute.
12.2 In the event a decision of the City’s Project Manager is the subject of a dispute,
such dispute may be settled by appropriate legal proceeding or, if the Parties
mutually agree in writing, through arbitration or administrative process. Pending any binding arbitrative or administrative decision, appeal, or judgment referred to in this Section or the settlement of any dispute arising under this Agreement, the
Parties shall proceed diligently with the performance of this Agreement.
12.3 Each party shall be responsible for its own costs and expenses, including legal fees, of any arbitration, administrative proceedings, appeal or suit prosecuted by either party.
SECTION 13.0 — SUSPENSION OF SERVICES
13.1 The City's Project Manager may, at any time, by written order to the Consultant, require the Consultant to suspend, delay, or interrupt all or any part of the Scope of Services required by this Agreement. Any such order shall be specifically identified as a suspension of services order ("Suspension of Services Order").
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Upon receipt of a Suspension of Services Order, the Consultant shall forthwith comply with its terms and immediately cease incurrence of further costs and fees allocable to the services covered by the Suspension of Services Order during the period of stoppage of services. This shall include the involvement of any and all subcontractual relationships.
13.2 If a Suspension of Services Order issued under this Section is canceled, the Consultant shall resume the Scope of Services within ten (10) calendar daysafter a Suspension of Services Order is canceled. If an adjustment to the Scope of Services or any other term and condition of this Agreement is required due to a suspension of services pursuant to this Section, the Parties shall follow the Contract Adjustments (as defined herein) procedure as described in Section 18 of this Agreement. Failure to agree to any Contract Adjustments shall be a dispute
concerning a question of fact pursuant to Section 12.
13.3 If a Suspension of Services Order is not canceled and this Agreement is terminated by the City for convenience, the City shall pay the Consultant costs and fees for services performed up to the effective date of termination, provided such costs and
fees are owed to the Consultant pursuant to this Agreement. The Consultant shall provide the City all completed or partially completed Deliverables prior to the receipt of payment for services performed up to the effective date of termination. The foregoing payment shall constitute the Consultant’s sole compensation in the event of termination of this Agreement and the City shall have no other liability to the Consultant related to termination of this Agreement. Without limiting the generality of the foregoing, the City shall have no liability to the Consultant for lost profits or lost opportunity costs in the event of termination of this Agreement.
SECTION 14.0 — TERMINATION
14.1 TERMINATION FOR CONVENIENCE
14.1.1 The performance of the Scope of Services under this Agreement may be terminated in whole or in part by the City whenever for any reason the City's Project Manager shall determine that such termination is in the best interest of the City. Termination shall be effective one day after delivery to the Consultant of a notice of termination by certified mail specifying the extent to which performance of Scope of Services under this Agreement is terminated.
14.1.2 Upon receipt of the notice of termination, the Consultant shall, unless the notice of termination directs otherwise, immediately discontinue
performance of the Scope of Services required by this Agreement and shall proceed to promptly cancel all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement.
14.1.3 The City shall pay the Consultant costs and fees for services performed up to the effective date of termination, provided such costs and fees are owed to the Consultant pursuant to this Agreement. The Consultant shall provide the
City all completed or partially completed Deliverables prior to the receipt of payment for services performed up to the effective date of termination. The foregoing payment shall constitute the Consultant's sole compensation in the event of termination of this Agreement by the City for convenience and the
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City shall have no other liability to the Consultant related to termination of this Agreement by the City for convenience. Without limiting the generality of
the foregoing, the City shall have no liability to the Consultant for lost profits or lost opportunity costs in the event of termination of this Agreement by the City for convenience.
14.2 TERMINATION FOR DEFAULT
14.2.1 The City may terminate this Agreement upon written notice to the
Consultant in the event the Consultant defaults on any of the terms and
conditions of this Agreement and such failure continues for a period of thirty (30) days following notice from the City specifying the default; provided, however, that the City may immediately terminate this Agreement, without providing the Consultant with notice of default or an opportunity to cure, if
the City determines that the Consultant has failed to comply with any of the terms and conditions of this Agreement related to insurance coverage.
14.2.2 In the event of termination of this Agreement pursuant to Section 14.2, the City shall not be obligated to make any further payment to the Consultant hereunder until such time as the City has determined all costs, expenses,
losses and damages which the City may have incurred as a result of such default by the Consultant, whereupon the City shall be entitled to set off all costs (including the cost to cover if the City procures similar services from another architect/ engineer), expenses, losses and damagers so incurred
by the City against any amount due Consultant under this Agreement.
14.3 Nothing contained in this Section 14.0 shall be construed as limiting the City’s
rights and remedies in the event of termination of this Agreement.
SECTION 15.0 — PROHIBITED INTEREST
15.1 No appointed or elected official or employee of the City shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof.
SECTION 16.0 — FINDINGS CONFIDENTIAL
16.1 Subject to the requirement of Florida laws regarding public records and Section
22.0 of this Agreement, all Deliverables containing “trade secrets,” as defined by Florida Statutes section 812.081(1)(c), which are produced or developed by the Consultant or any “trade secret” data available to the Consultant pursuant to this Agreement shall not be made available to any individual or organization, other than
any Consultant’s Representative by the Consultant without prior written consent from the City. If the City receives Deliverables containing “trade secrets,” then the City shall retain such Deliverables pursuant to chapter 119, Florida Statutes. If trade secret information is provided and such Deliverables are marked “confidential,” then the City shall exempt such documents from public access and make such
documents confidential.
SECTION 17.0 — GENERAL PROVISIONS
17.1 Should any section or portion of any section of this Agreement be rendered void,
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invalid or unenforceable by any court of law for any reason, such determination shall not render void, invalid or unenforceable any other paragraph or portion of
this Agreement.
17.2 Each party to this Agreement that is not an individual represents and warrants to
the other party that (i) it is a duly organized, qualified and existing entity authorized
to do business under the laws of the State of Florida, and (ii) all appropriate authority exists so as to duly authorize the person executing this Agreement to so execute the same and fully bind the party on whose behalf he or she is executing.
17.3 The Consultant shall make no assignment of any of its rights, duties, or obligations
under this Agreement without the City’s prior written consent, which consent may
be withheld by City Council in its sole and absolute discretion.
17.4 This Agreement shall be interpreted and construed in accordance with the laws of
the State of Florida and shall inure to and be binding upon the Parties, their
successors and assigns. Venue for any action brought in state court shall be in
Pinellas County. Venue for any action brought in federal court shall be in the Middle District of Florida, Tampa Division, unless a division shall be created in
Clearwater or Pinellas County, in which case the action shall be brought in that
division. The Parties consent to the personal jurisdiction of the aforementioned
courts and irrevocably waive any objections to said jurisdiction.
17.5 The Consultant shall comply with all applicable federal, state, and local laws,
ordinances, rules and regulations, the federal and state constitutions, and orders and decrees of any lawful authorities having jurisdiction over the matter at issue (collectively, "Laws"), including all Laws related to licensing and permitting, the Americans with Disabilities Act, the Florida Building Code, Equal Employment Opportunity Provisions of Title VII of the Civil Rights Act of 1964 (78 Stat. 252), the Regulations of the Department of Commerce (15 CFR, Part 8) and Florida laws regarding public records. The Consultant shall also comply with the City’s policies and procedures, executive orders and any technical standards provided to the Consultant by the City.
17.6 This Agreement has been prepared by the City and reviewed by the Consultant and its professional advisors. The City, Consultant and Consultant's professional advisors believe that this Agreement expresses their agreement and that it should not be interpreted in favor of either the City or the Consultant or against the City or the Consultant merely because of their efforts in preparing it.
17.7 The headings are for convenience only and shall not control or affect the meaning or
construction of any of the provisions of this Agreement.
17.8 The Consultant shall keep accurate books, records and documentation related to
this Agreement at the address for delivery of notices set forth in this Agreement.
All such books, records and documentation shall be kept by the Consultant and
shall be open to examination, audit and copying by the City during the Term of
this Agreement and for the retention periods set forth in the most recent General
Records Schedule GS1-SL for State and Local Government Agencies, following
termination or expiration of this Agreement. The Consultant shall bear the costs
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associated with the retention of books, records and documentation.
17.9 All obligations and rights of any party arising during or attributable to the period
prior to expiration or earlier termination of this Agreement, including but not
limited to those obligations and rights related to indemnification, shall survive
such expiration or earlier termination.
17.10 This Agreement may be amended only in writing executed by the Parties.
17.11 This Agreement constitutes the entire agreement between the Parties and
supersedes all prior and contemporaneous agreements, whether oral or written, between them.
17.12 Each appendix and Work Order to this Agreement, including attachments to an appendix or Work Order and materials referenced in an appendix or Work Order, is an essential part hereof and is incorporated herein by reference.
17.13 No term or condition of this Agreement shall be deemed waived, and no breach of this Agreement excused, unless the waiver or consent is in writing signed by the
party granting such waiver or consent.
17.14 In the event that either party is delayed in the performance of any act or obligation pursuant to or required by this Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually
delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to
a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted.
17.15 The Consultant shall not take any action that will result in a lien being placed
against the City or to any services or Deliverables being provided to the City. In the event the City is placed on notice of an intent to lien or placed on notice of a lien by the Consultant or any Consultant Representative, the Consultant will take immediate action at the Consultant’s expense to respectively prevent or remove and discharge the lien.
17.16 Subject to the requirements of Florida public records Laws, neither party shall use
the other party's name in conjunction with any endorsement, sponsorship, or
advertisement without the prior written consent of the named party.
17.17 The obligations of the City as to any funding required pursuant to this Agreement
shall be limited to an obligation in any given year to budget, appropriate and pay from legally available funds, after monies for essential City services have been
budgeted and appropriated, sufficient monies for the funding that is required
during that year. Notwithstanding the foregoing, the City shall not be prohibited
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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 pursuant to this Agreement.
17.18 All Deliverables shall be made available to the City upon request and shall be considered public records in accordance with Chapter 119, Florida Statutes,
unless exempt therefrom.
17.19 Time is of the essence of this Agreement and each of its provisions.
17.20 In the event of an inconsistency or conflict the following order of precedence shall
govern: (i) this Agreement, exclusive of the appendices and a Work Order and
the attachments to and materials referenced in an appendix or Work Order, (ii)
the appendices to this Agreement, exclusive of the attachments to and materials referenced in an appendix; (iii) a Work Order, exclusive of the attachments to and
materials referenced in a Work Order; and (iv) the attachments to and materials
referenced in the an appendix or Work Order.
17.21 For purposes of this Agreement, any required written permission, consent,
acceptance, approval, or agreement by the City means the approval of the Mayor or his authorized designee, unless otherwise set forth in this Agreement or unless otherwise required to be exercised by City Council pursuant to the City Charter or applicable Laws.
17.22 The Consultant shall maintain a drug free work place.
17.23 The Consultant shall not discriminate because of race, color, religion, gender,
national origin, marital status, age, disability, sexual orientation, genetic information or other protected category.
17.24 The Consultant shall comply with Local Agency Program Federal-Aid terms for
Professional Services Contracts set forth in Appendix “C”.
17.25 If required by applicable Laws (e.g., Florida Executive Order 11-02), the Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the
Term of this Agreement and shall expressly require any subcontractors performing work or providing services pursuant to this Agreement to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Term of this Agreement. 17.26 The Consultant shall at all times remain eligible to perform the services subject to the requirements of the Florida Public Entity Crime Act (F.S. 287.133) and the Florida Scrutinized Companies Act (F.S. 287.135). The Consultant agrees that any contract awarded will be subject to termination by the City if the Consultant fails to comply or to maintain such compliance.
SECTION 18.0 — CONTRACT ADJUSTMENTS
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18.1 Either party may propose additions, deletions or modifications to the Scope of Services, a Work Order or the other terms and conditions of this Agreement (e.g.,
Consultant’s project manager or key personnel required pursuant to Section 21 of this Agreement), ("Contract Adjustments") in whatever manner such party determines to be reasonably necessary for the proper completion of the services. Proposals for
Contract Adjustments shall be submitted to the non-requesting party on a form provided by the City. Contract Adjustments shall be effected through written amendments to this Agreement or by an amendment to the Work Order signed by authorized representatives of the Parties.
18.2 Each Project requires a separate Work Order. Each Work Order shall be
approved by the Funding Agency (if required) prior to the City authorizing work
under a Work Order. Notwithstanding Section 18.1 above, a Work Order cannot be amended to add an additional Project or to substitute the original Project with a
different Project.
18.3 There shall be no modification of the not to exceed amount set forth in a Work
Order on account of any Contract Adjustment made necessary or appropriate as a result of the mismanagement, improper act, or other failure of the Consultant or
any Consultant Representative to properly perform their obligations and functions
under this Agreement.
18.4 Notwithstanding anything to the contrary contained in this Agreement, there shall
be no change in the fees and costs set forth in RATE SCHEDUE Appendix “B” or
the not to exceed amount set forth in a Work Order except through a written amendment to this Agreement or by an amendment to the Work Order signed by
authorized representatives of the Parties.
SECTION 19.0 — NOTICE
19.1 Unless and to the extent otherwise provided in this Agreement, all notices, demands, requests for approvals and other communications which are required to be given by either party to the other shall be in writing and shall be deemed given
and delivered on the date delivered in person, upon the expiration of five (5) days
following the date mailed by registered or certified mail, postage prepaid, return
receipt requested to the address provided below, or upon the date delivered by overnight courier (signature required) to the address provided below.
CITY:
City of Clearwater
Engineering Department
100 S Myrtle Ave.
Clearwater, FL 33756
Attention: Daniel Simpson, P.E.
Phone: 727.562.4560
Email: Daniel.Simpson@MyClearwater.com
15
CONSULTANT:
H W. Lochner, Inc.
4350 West Cypress Street, #800
Tampa, Florida 33607
Attention: Steven Blount, P.E. Director of Construction Services
Phone: (813) 357-3753
Email: sblount@hwlochner.com
19.2 Either party may change its authorized representative or address for receipt of notices by providing the other with written notice of such change. The change shall
become effective five (5) days after receipt by the non-changing party of the written
notice of change. Unless otherwise agreed to by the Parties in writing, electronic
submission of notices does not relieve either party of the requirement to provide
notice in writing as required in Section 19.1 above.
SECTION 20.0 - SCHEDULE
20.1 The Consultant shall perform the Scope of Services in accordance with the schedule set forth in a Work Order. Such schedule may be revised by the City’s
Project Manager after consultation with the Consultant.
SECTION 21. 0 — PERSONNEL
21.1 The Consultant shall assign the key personnel identified in a Work Order to perform
the Scope of Services in accordance with this Agreement. The Consultant shall
not, without the City’s prior written consent, transfer, reassign, redeploy or
otherwise remove any key personnel; provided, however, that removal of any key
personnel due to their incapacity or termination shall not constitute a violation of this Section. If any of the key personnel are incapacitated or are terminated, the
Consultant shall, within ten (10) days, replace such person with another person
approved by the City and that is at least as well qualified as the person who initially
performed that person's role. The Consultant shall provide for a transition period of
at least one (1) week (or such shorter period of time approved by the City) during which time any key personnel being replaced shall familiarize their replacement(s)
with the work required to be performed by the replacement(s). The Consultant shall
be solely responsible for all costs associated with replacement of key personnel.
Without limiting the generality of the foregoing, if any change in key personnel causes a delay, the Consultant shall be solely responsible for any and all of its
increased costs associated with such delay.
21.2 The City may require the Consultant to replace any persons performing the Scope of Services, including but not limited to any Consultant Representative, whom the City
determines is not performing the Scope of Service to the City's satisfaction. Before a written request is issued, authorized representatives of the City and the Consultant will discuss the circumstance. Upon receipt of a written request from an
16
authorized representative of the City, the Consultant shall be required to proceed with the replacement. The replacement request will include the required
replacement date and the reason for the replacement. The Consultant shall use its best efforts to effect the replacement in a manner that does not degrade service quality. This Section will not be deemed to give the City the right to require the Consultant to terminate a person's employment. Rather, this Section is intended to give the City only the right to require that the Consultant discontinue using persons in the performance of the Scope of Services under this Agreement.
SECTION 22.0 — PUBLIC RECORDS
22.1 The Consultant shall (i) keep and maintain public records (as defined in Chapter 119, Florida Statutes) required by the City to perform the services pursuant to this Agreement; (ii)Upon request from the City Clerk’s Office, provide the City (at no cost to the City) 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 under Florida laws regarding public records or other applicable Laws; (iii) ensure that public records in the Consultant’s possession that are exempt or confidential and exempt from public records disclosure requirements
are not disclosed except as authorized by applicable Laws for the Term and after the expiration or earlier termination of this Agreement; and (iv) after the expiration or earlier termination of this Agreement, at the City's request, either transfer, at no cost, to the City all public records in the Consultant’s possession within ten (10) days following the City’s request and/or keep and maintain any public records required
by the City to perform the services pursuant to this Agreement. If the Consultant transfers all public records to the City upon the expiration or earlier termination of this Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If
the Consultant keeps and maintains public records upon the expiration or earlier termination of this Agreement, the Consultant shall meet all applicable requirements for retaining public records in accordance with this Agreement and all applicable Laws. At the City’s request, all public records stored electronically by the Consultant shall be provided to the City in a format approved by the City.
22.2 All Public Records associated with this project shall be retained a minimum of five (5) years by the Consultant.
22.3 IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, AS TO CONSULTANT’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS:
City of Clearwater
City Hall
112 S. Osceola Ave.
Clearwater, FL 33756
Attention: Rosemarie Call
727.562.4092
Email: Rosemarie.Call@myclearwater.com,
17
22.4 Nothing contained herein shall be construed to affect or limit the Consultant’s obligations including but not limited to Consultant’s obligations to comply with all
other applicable Laws and to maintain books and records pursuant to this Agreement.
18
REMAINING PORTION INTENSIONALLY LEFT BLANK
19
IN WITNESS WHEREOF the Parties hereto have executed this Agreement on the day and date first above written.
Consultant WITNESS
Sign: _________________________ Sign: ______________________
Print: _________________________ Print: ______________________
Title: _________________________
Sign: ______________________
Print: ______________________
CITY OF CLEARWATER, FLORIDA,
A municipal corporation and
political subdivision of the State of Florida
________________________
George N. Cretekos
Mayor
________________________
William B. Horne, II
City Manager
Approved as to form:
________________________
Camilo A. Soto
Assistant City Attorney
Attest:
________________________
Rosemarie Call
City Clerk
APPENDIX “A”
WORK ORDER INITIATION FORM
Appendix A
WORK ORDER INITIATION FORM 1 of 11 Revised: 7/3/2017
WORK ORDER INITIATION FORM
for the CITY OF CLEARWATER
Date: November 27, 2017
Consultant Project Number:
City Project Number: 04-0021-PR
1. PROJECT TITLE:
Druid Trail Phase IV - FPN 432580-1-58-01
2. SCOPE OF SERVICES :
PROJECT SUMMARY
The Druid Trail phase IV is the final stage to construct a critical non-motorized pedestrian and
biking trail for users traveling east-west within the City of Clearwater. Phase IV will traverse
from South Evergreen Avenue to the Duke Energy Trail just west of Bypass Drive. The overall
project will include but is not limited to site preparation work, conflict relocation, asphalt
placement, drainage work, concrete flatwork, and MUTCD signing and pavement markings for
approximately 15,500 linear feet of 8’ wide asphalt trail.
GENERAL REQUIREMENTS. It shall be the responsibility of the Consultant to administer, monitor
and inspect the work included in the Contract such that the project is constructed in reasonable
conformity with the plans, specifications, and special provisions of the Project. The Consultant
shall observe the Contractor’s work to determine the progress and quality of work, identify
discrepancies, report significant discrepancies to the City, and direct the Contractor to correct
such observed discrepancies. The Consultant shall advise the City Project Manager of any
significant omissions, substitutions, defects, and deficiencies noted in the work of the
Contractor and the corrective action that has been directed to be performed by the Contractor.
Work provided by the Consultant shall not relieve the Contractor of responsibility for the
satisfactory performance of the Construction Contract.
In addition to the above, consultant will be responsible to ensure the requirements of chapter
23 of the Florida Department of Transportation LAP manual (01/2017 edition) are maintained.
I. PRE-CONSTRUCTION PHASE
Task 1: Preliminary Project Establishment
Complete and review all applicable construction documents, utility relocation agreements,
and environmental permit requirements to identify any and all constructability or quantity
errors in order to reduce the potential for future construction claims.
Appendix A
WORK ORDER INITIATION FORM 2 of 11 Revised: 7/3/2017
Complete and file video surveillance, digital photos, and survey work of pre-construction
activities to illustrate fully the as-is conditions.
Participate in a Pre-Services Meeting with City of Clearwater and FDOT as required
(Conference Call).
LAP pre-services meeting with FDOT Contract Compliance Manager to be attended by
Lochner and City of Clearwater representative.
Plan and conduct a detailed Pre-Construction Meeting with the Prime Contractor, their
subcontractors, all utility system representatives, local agencies, and all other project
stakeholders to ensure a common understanding of project objectives, schedules, and
contract administration issues. Invited attendees will also include those persons identified
in Section 23.2 of the FDOT LAP Manual (1/2017 edition).
LAP Requirement Review meeting with contractor
Review contractor’s Baseline Schedule and provide recommendation to the City of
Clearwater for approval.
II. CONSTRUCTION ADMINISTRATION and INSPECTION PHASE
Construction, Engineering and Inspection (CEI) and FDOT Resident Compliance support services
after Construction contract NTP for the Druid Trail Phase IV, FDOT Project Identification Number
432580-1-58-01. Work includes installation of a shared use path and associated pavement
markings and signage and intersection improvements. This project is funded by a FDOT LAP
agreement.
Task 1: Administration and Inspection
Separate utility meetings are held as necessary to discuss concerns and integration of utility
work schedules with the project baseline construction schedule.
Advise the City of Clearwater of any omissions, substitutions, defects and deficiencies
noted in the work of the Contractor or contract documents and any corrective action to be
taken. On the basis of on-site observations, Lochner shall endeavor to guard the City of
Clearwater against defects and deficiencies in the work. Lochner does not have control over
nor charge of and should not be responsible for construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the
work, since these are solely the Contractor’s responsibility under the contract for
construction. Lochner shall not have control over or charge of acts of omissions of the
Contractor, subcontractors, or their agents or employees, or any other persons performing
portions of the construction.
Hold monthly construction progress meetings to discuss all aspects of on-going
construction including forecasts of construction activities for the coming month. Hold
additional progress meetings as needed and agreed upon by the City Project Manager.
During construction, review Contractor proposed field changes and recommendations and
provide input to the City of Clearwater regarding the proposed recommendations for a
particular field situations not covered by the plans and specifications.
Assist the City of Clearwater with the analysis of proposed changes to the plans,
specification and make recommendation including cost analysis of contractor's proposal,
prior to any modifications to the plans or specification. Assistance will include the
following:
• During construction, document, track and review change proposal requests submitted by
Appendix A
WORK ORDER INITIATION FORM 3 of 11 Revised: 7/3/2017
contractor in a timely manner to recommend if modifications are warranted and conform
to LAP guidelines and governing contract documents.
• Determine “root causes” for proposal are valid such as changes in conditions, unforeseen
conditions, conflicts, material delays or other items not anticipated and confirm contractor
activities did not provide the basis for change.
• Analyze and prepare an entitlement analysis including detailed estimates of probable costs
of contractor's proposal including possible items where costs seem excessive based on
current market guidelines.
• Research and determine if change proposal is eligible for inclusion in LAP funding
agreement then proceed with securing concurrence and authorizations prior to
construction.
• Prepare an executive summary to the City of Clearwater project manager with details and
recommendations including possible fiscal and time impacts to the project if executed.
• Analyze the Contractor’s schedule (i.e. baselines, revised baselines, updates) for
compliance with contract documents. The following elements will be reviewed as necessary
through the duration of the Project: completeness, logic duration, activity, flow milestone,
dates, concurrency, resource allotment and delays. Verify the schedule conforms to
construction phasing and MOT sequencing including all contract modifications.
• Request, receive, review, reject, and/or approve shop drawings, product data and test
results submitted by the Contractor for all pertinent items needed in construction. Review
of all submittals will be to determine satisfactory compliance with the project plans and
specifications, noting approval or stipulations. Determine the acceptability, subject to City
of Clearwater approval, of substitute materials and equipment proposed by the Contractor.
• Review submittals and tests required by the contract documents.
• Provide coordination between and among the CITY, Contractor and the subject utilities, as
required.
• Prepare and submit Consultant invoices on a monthly basis to the City of Clearwater Project
Manager for review, approval and processing.
• Prepare and submit monthly a consultant budget and technical status report to the City of
Clearwater with each pay request or invoice.
• Supplemental Agreements/Document changes/Work orders
Construction Photographs
The Consultant shall have a digital camera for photographic documentation with date and
time stamp of noteworthy incidents or events to cover the following areas:
a) Pre-construction photographs
b) Normal and exceptional progress of work
c) Critical path activities
d) Accidents showing damage
e) Unsafe working conditions
f) Unusual construction techniques
g) Damaged equipment or materials
h) Any activity, which may result in claims
Appendix A
WORK ORDER INITIATION FORM 4 of 11 Revised: 7/3/2017
Photographs will be filed and maintained on the Consultant’s computer using a digital
photo management system. Copies of photographs will be electronically transferred to the
City’s Project Manager at an interval determined by the City’s Project Manager.
The taking of the photographs shall begin the day prior to the start of construction and
continue regularly throughout this project. Photographs shall be taken the days of Pre-Final
and Final Acceptance Dates.
Documentation
Monitor and record daily activities of the construction contractor including activities,
equipment, man-power, and issues.
Provide quantity tracking and documentation for the purpose of verifying monthly pay
applications. Supporting documentation will be maintained and submitted electronically to
the City of Clearwater at project closeout for any necessary record retention.
Review and submit monthly estimates that are prepared by the contractor.
Construction Quality
Consultant shall monitor the Contractor’s construction activities and inspect materials used
in the work in accordance with the plans, specifications, and special provisions for the
Contract to determine that the project is constructed in reasonable conformity with such
documents.
Perform detailed daily inspections and documentation of contractor operations to verify
work is being performed in accordance with all contract documents. These daily inspection
reports will be summarized in a weekly report including verification that all earthwork,
drainage system construction, concrete placement, landscape installation, and asphalt
operations are in accordance with contract specifications.
Review Contractor’s Quality Control plan and provide recommendation for acceptance to
the City of Clearwater.
Conduct pre-activity meetings with CEI and contractor personnel on all major work
activities to review scope, testing requirements, submittals, applicable specifications,
quantity documentation, etc.
Safety
Monitor contractor safety program and notify contractor immediately of any observed
safety issues. Lochner does not have control over nor charge of and should not be
responsible for safety precautions and programs in connection with the work, since these
are solely the Contractor’s responsibility under the contract for construction.
Review and Approve Professional Certified Maintenance of Traffic (MOT) plans if different
from contract plans.
Analyze the contractor MOT Plan to verify the contractor’s placement and maintenance of
MOT devices is in accordance with applicable document and safety requirements by video
and digital camera documentation during both day and night hours.
Environmental
Assist the City of Clearwater with monitoring the project to the extent necessary to
Appendix A
WORK ORDER INITIATION FORM 5 of 11 Revised: 7/3/2017
determine whether construction activities violate the requirements of the permits and if so
determined, notify the Contractor of any violations or potential violations and require him
to immediately resolve the problem. The City of Clearwater is to be notified of all violations,
prior to Contractor being notified.
Review the Storm Water Pollution Prevention Plan (SWPPP) in accordance with NPDES
requirements for the Project. Review the necessary Notice of Intent (NOI) for the Project.
Verify that the contractor is conducting inspections, preparing reports and monitoring all
storm water pollution prevention measures associated with the project. Consultant shall
provide at least one inspector who has successfully completed the “Florida Stormwater,
Erosion, and Sedimentation Control Training and Certification Program for Inspector and
Contractors.”
Public Communications
As requested by the City, the Consultant will coordinate and maintain communications with
impacted property owners for the project. This includes public meetings and day to day
contact with City residents. The Consultant may also be required to coordinate notifications
to property owners about the project scope, schedule and costs.
Task 2: Resident Compliance Support Services
The Consultant shall provide trained staff to monitor the Contractor and the Subcontractor’s
performance for compliance with all the requirements of the Equal Employment Opportunity
(EEO) and Affirmative Action (AA), Disadvantage Business Enterprise (DBE), On-the-Job Training
(OJT), if applicable, and Federal Davis-Bacon Wage Rate Provisions as required by FHWA 1273
“Required Contract Provision for on Federal-Aid Construction Contracts” and the State of Florida
Statutes. In accordance with the FDOT Contract Compliance Workbook. LAP Compliance to
include:
• Attend and participate in a Pre-conference construction meeting.
• Administer compliance assistance through direct communication with the Contractor and
the City.
• Perform the contract compliance and certification.
• Be responsible to monitor the Project Compliance documentation in conformity with the
Contract Documents and Davis Bacon Act and any closeout documentation required by the
FDOT.
• Keep the City’s Project Manager informed of all significant deficiencies discovered and
recommend appropriate actions as necessary.
• Review certified payrolls for Contractor and subcontractors to ensure the wage rates and
classifications are correct.
• Perform monthly interviews based on 25% of the workforce.
• Assist the City in maintaining records for all Equal Employment Opportunity (EEO)
Compliance as required by contract documents.
• Discuss compliance requirements per the contract.
• Be responsible for maintaining the required EEO documentation required on this project.
• Address FDOT compliance questions from the contractor
Appendix A
WORK ORDER INITIATION FORM 6 of 11 Revised: 7/3/2017
• Job Board Inspections to be performed by inspection staff
• Employee Interviews to be performed by inspection staff
• Upload LAP construction phase documents into LAPIT and EOC websites to include daily
inspection reports
Task 3: Materials Testing
Consultant shall perform sampling and testing of component materials and completed work
in accordance with the Contract documents; minimum sampling frequencies set out in the
FDOT’s Materials Sampling, Testing and Reporting Guide shall be met.
Daily surveillance of the Contractor’s Quality Control activities
Coordinate laboratory testing of construction materials as needed.
Manage project materials acceptance program, review testing results and verify acceptance
of materials.
III. POST-CONSTRUCTION PHASE
Task 1: Close-out
Construction, Engineering and Inspection (CEI) and FDOT Resident Compliance support services
to close-out the project and contract after final acceptance of the Construction contract for the
Druid Trail Phase IV project, FDOT Project Identification Number 432580-1-58-01. This project is
funded by a FDOT LAP agreement.
Review and verify all submitted record drawings (As-Builts) from the contractor.
Submit an accurate, certified Final Estimate package within the established timeframe.
Provide all necessary permitting support for close-out of the permits.
Construction Materials Certification
Summarize any outstanding issues and provide support
Prepare and submit a compliance folder with all documentation to the City of Clearwater
Final project record retention and submission to FDEP
Conduct a meeting to evaluate lessons learned, how the city and the consultant could
improve on future LAP and roadway projects, and to review city performance evaluations.
3. PROJECT GOALS:
LOCHNER shall maintain accurate records of activities and events relating to the
project, utilize effective control procedures so that the construction of the project is
performed in substantial conformity with the plans, specifications established standard
procedures and practices of the City of Clearwater and contract provisions. LOCHNER shall
also p e r f o r m contract management engineering s e r v i c e s and other duties services
necessary to administer and coordinate EEO/LAP tasks and to adhere to current City of
Clearwater, Florida Department of Transportation, and Federal requirements.
Appendix A
WORK ORDER INITIATION FORM 7 of 11 Revised: 7/3/2017
4. BUDGET
See Attachment “2”: Project Budget
This price includes all labor and expenses anticipated to be incurred by LOCHNER for the
completion of these tasks in accordance with Professional Services Method “A” – Cost Times
Multiplier Basis for a fee not to exceed Two Hundred Eighty-Five Thousand Two Hundred
Seventeen Dollars and Ninety-Five Cents ($285,217.95).
5. SCHEDULE:
The project is to be completed within 12 months from issuance of notice-to-proceed. The
project deliverables are to be phased as follows:
Description of Milestone Calendar Days from
PO to Milestone
CEI Contract Award 0
Project Mobilization 0
Initialization - Pre construction agenda, site video, project contact list, utility
contacts/ coordination, IT setup for database
5
LAP compliance meeting with FDOT District 7 including RCS staff 7
Pre-construction meetings including construction, utility coordination,
FHWA/EEO/LAP Requirements
14
Review of Submittals - Schedule, Required bond documents, shop drawings,
EEO documentation, sublets, materials, equipment, MOT
20
Notice to Proceed - Based on criteria for approval 21
Construction of Improvements (274 days) 295
Substantial Completion / Punch List 295
Record Drawings (14 days) 309
Final Acceptance (30 Days) 325
Completed Final Estimate and Documentation, Release of liens, consent of
surety, final payment with retainage
340
Lessons Learned/Project Closeout with files 365
6. STAFF ASSIGNMENT (Consultant)
Steven Blount, PE Principal in Charge (Lochner)
Gary S. Downing, PE, Senior Project Engineer (Lochner)
Scott Franklin, Senior Inspector (Lochner)
Lo Korb, Contract Support Specialist (Lochner)
Larry Taylor, Resident Compliance Officer (LPAS)
Appendix A
WORK ORDER INITIATION FORM 8 of 11 Revised: 7/3/2017
Kyonna Johnson Resident Compliance Specialist (LPAS)
Daniel Simpson, PE, Project Manager (Clearwater)
7. CORRESPONDENCE/REPORTING PROCEDURES:
ENGINEER’s project correspondence shall be directed to:
Gary Downing, PE, Senior Project Engineer
All City project correspondence shall be directed to:
Daniel Simpson, PE, Project Manager with copies to others as may be appropriate.
8. INVOICING/FUNDING PROCEDURES:
For work performed, invoices shall be submitted monthly to the City of Clearwater, Engineering
Department, Attn.: Veronica Josef, Senior Staff Assistant, PO Box 4748, Clearwater, Florida
33758-4748.
City Invoicing Code: 0315-92146-561200-541-000-0000
9. INVOICING PROCEEDURES
At a minimum, in addition to the invoice amount(s) the following information shall be provided
on all invoices submitted on the Work Order:
A. Purchase Order Number and Contract Amount.
B. The time period (begin and end date) covered by the invoice.
C. A short narrative summary of activities completed in the time period
D. Contract billing method – Cost Times Multiplier
E. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due,
previous amount earned, total earned to date for each task and other direct costs (receipts
will be required for any single item with a cost of $50 or greater or cumulative monthly
expenses greater than $100).
F. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice
amounts by funding code.
10. SPECIAL CONSIDERATIONS:
The consultant named above is required to comply with Section 119.0701, Florida Statutes
(2013) where applicable.
PREPARED BY: APPROVED BY:
________________________ ________________________
Gary Downing, PE D. Scott Rice, PE
Senior Project Engineer City Engineer
H.W. Lochner, Inc. City of Clearwater
___________________ ___________________
Date Date
Attachment 1
WORK ORDER INITIATION FORM 9 of 11 Revised: 7/3/2017
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
WORK ORDER INITIATION FORM
CITY DELIVERABLES
I. PRE-CONSTRUCTION PHASE DELIVERABLES
Task 1: Preliminary Project Establishment
Pre-Construction video and pictures
Meeting minutes from Clearwater pre-services meeting
Meeting minutes from FDOT LAP pre-services meeting
Meeting minutes from pre-construction conference
Baseline Schedule Acceptance letter (via email)
II. CONSTRUCTION ADMINISTRATION and INSPECTION PHASE
DELIVERABLES
Task 1: Administration
Monthly progress meeting minutes
Utility Coordination meeting minutes if necessary
Request for Information (RFI) Log
Submittal Logs
Daily Inspection reports
Engineers Weekly Summary
Monthly Progress Report
Contractor Pay Application
Task 2: Resident Compliance Support
Conduct federally required number of employee interviews (FORM 700-010-63)
Conduct initial, pre-audit job site bulletin board inspections and log reports (FORM 275-021-
10)
Attachment 1
WORK ORDER INITIATION FORM 10 of 11 Revised: 7/3/2017
Match wage rates to submitted payrolls and daily reports, insure contractor document
submittal within required timeframe and write non-compliance/violations as needed.
Documentation of these reviews will be included in the monthly status report to the City.
Review at least 20% of all sub-contracts for inclusion of FHWA Form 1273 and other
federally required forms. Documentation of these reviews will be included in the monthly
status report to the City.
Insure accuracy and completeness of required data into EOC and LAPIT
Provide documented guidance and recommendations to the City on EEO/Compliance
matters including but not limited to those listed above.
Provide documented responses to FDOT/FHWA compliance questions and clarification
requests
Provide monthly status reports to the City
Task 3: Material Testing
Verify acceptance of construction materials according to specifications
Review and Accept contractor Quality Control plan
Field and Laboratory Testing Reports
Material acceptance monthly status report
III. POST-CONSTRUCTION PHASE DELIVERABLES
Task 1: Close-out
Final estimate package within 30 days of notice of final completion
Offer of final payment and submit final pay application within 30 days from notice of final
acceptance
Submit a signed and sealed set of as-built record drawings that reflects all field changes
within 30 days from notice of final acceptance
Provide electronically all project records and correspondence within 30 days from notice of
final acceptance.
Attachment 2
WORK ORDER INITIATION FORM 11 of 11 Revised: 7/3/2017
DRUID TRAIL PHASE IV
WORK ORDER INITIATION FORM
PROJECT BUDGET
Phase Description Subconsultant
Services
Labor Total
1.0 Pre-Construction Phase
1.1 CEI Senior Project Engineer $8,360.96 $8,360.96
1.2 CEI Senior Inspector $7,231.13 $7,231.13
1.3 CEI Contract Support Specialist $3,613.83 $3,613.83
1.4 Resident Compliance Officer $1,677.06 $1,677.06
1.5 Resident Compliance Specialist $2,585.22 $2,585.22
$23,468.20
2.0 Construction Administration and Inspection Phase
2.1 CEI Senior Project Engineer $60,198.93 $60,198.93
2.2 CEI Senior Inspector $130,160.25 $130,160.25
2.3 CEI Contract Support Specialist $16,262.23 $16,262.23
2.4 Resident Compliance Officer $5,031.18 $5,031.18
2.5 Resident Compliance Specialist $11,633.49 $11,633.49
2.6 CEI Inspector $10,665.00 $10,665.00
2.7 Material Testing $7,430.00 $7,430.00
$241,381.08
3.0 Post-Construction Phase
3.1 CEI Senior Project Engineer $8,360.96 $8,360.96
3.2 CEI Senior Inspector $7,231.13 $7,231.13
3.3 CEI Contract Support Specialist $1,806.91 $1,806.91
3.4 Resident Compliance Officer $1,677.06 $1,677.06
3.5 Resident Compliance Specialist $1,292.61 $1,292.61
$20,368.67
Subtotal, Labor and Subcontractors
$285,217.95
Permit Review Fees $0
Other Direct Costs (prints, photocopies, postage, etc.)
(Not applicable to lump sum Work Orders)
$0
Grand Total $285,217.95
APPENDIX “B”
RATE SCHEDULE
H.W. Lochner, Inc. | 4350 W. Cypress St. | Suite 800 | Tampa, FL 33607 T 813-357-3750
hwlochner.com F 813-305-2207
RE: CEI/LAP Administrative Services Druid Trail Phase IV Trail
RFP #23-17
City of Clearwater, Florida
Loaded Labor Rate Calculations (REV)(11-15-17)
Firm Name: H.W. Lochner, Inc.
Date: November 15, 2017
Position Classifications Base
Rate/Hour
Loaded Rates
(Base Rate X
Multiplier)
CEI Senior Project Engineer (Gary Downing)$74.00 $202.69
Contract Support Specialist (Lo Korb)$39.98 $109.51
CEI Senior Inspector (Scott Franklin)$32.00 $87.65
CEI Inspector (TBD)$25.96 $71.10
Secretary (Rebecca Cahajla)$20.50 $56.15
Hourly Rate:100.00
General Overhead: 133.07
FCCM: 0.290
Direct Expenses: 12.57
Sub-total:245.93
Profit (12.0%): 27.97
273.90
TOTAL MULTIPLIER: 2.739
I certify that the above information is current and accurate as of this date.
Steven R. Blount, PE
Vice President
___________________________
Signature
www.localpublicagencysolutions.com
Date: November 15, 2017
Loaded Labor Rate Calculations
Firm Name: Local Public Agency Solutions, LLC
Position Classifications Base Rate/Hour Weighted rates (Base Rate * Multiplier)
Resident Compliance Officer 63.13 101.64
Resident Compliance Specialist 48.66 78.34
Hourly Rate: 100.00 note: this number will always be 100, this is the base for your rate General Overhead: 40.09 FCCM: 0.000 Direct Expenses: 0.000 Sub-total: 140.09Profit (15.00%): 21.01
TOTAL MULTIPLIER:
161.1
1.61 note: total multiplier - must be supported by the
above breakdown
I certify that the above information is correct and accurate as of November 15, 2017.
Respectfully,
Lawrence Taylor, Owner/Principal
Local Public Agency Solutions, LLC
larry.taylor@localpublicagencysolutions.com
Company: Local Public Agency Solutions LLC Report: Payroll Summary Check Dates From: 5/3/2017 - Payroll 1 To: 6/30/2017 - Payroll 1
Check Date Name Hours Total Paid Tax Withheld Net Pay Check No Employer Liability Total Expense
6/16/2017 Johnson, Kyonna T 16 1,040.00 79.56 960.44 DD 79.56 1,119.56
5/24/2017 Johnson, Kyonna T 16 1,040.00 79.56 960.44 DD 79.56 1,119.56
32 $2,080.00 $159.12 $1,920.88 $159.12 $2,239.12
32 $2,080.00 $159.12 $1,920.88 $159.12 $2,239.12
Company: Local Public Agency Solutions LLC Report: Payroll Summary Check Dates From: 5/3/2017 - Payroll 1 To: 6/30/2017 - Payroll 1
Check Date Name Hours Total Paid Tax Withheld Net Pay Check No Employer Liability Total Expense
6/30/2017 Taylor, Lawrence 39.75 3,378.75 545.81 2,832.94 DD 258.47 3,637.22
5/31/2017 Taylor, Lawrence 69.5 5,212.50 1,045.74 4,166.76 DD 398.76 5,611.26
5/3/2017 Taylor, Lawrence 65.25 4,893.75 941.66 3,952.09 DD 374.37 5,268.12
174.5 $13,485.00 $2,533.21 $10,951.79 $1,031.60 $14,516.60
174.5 $13,485.00 $2,533.21 $10,951.79 $1,031.60 $14,516.60
Pay Frequency Totals: Monthly
Total Net Pays for Monthly frequency: 3
Company Totals:
Total Net Pays for Company: 3
Pay Frequency: Monthly
Pay Frequency Totals: Monthly
Total Net Pays for Monthly frequency: 2
Company Totals:
Total Net Pays for Company: 2
Pay Frequency: Monthly
H.W. Lochner, Inc. | 4350 W. Cypress St. | Suite 800 | Tampa, FL 33607 T 813-357-3750
hwlochner.com F 813-305-2207
RE:CEI/LAP Administrative Services Druid Trail Phase IV Trail
RFP #23-17
City of Clearwater, Florida
Laboratory Material Testing Estimate
Firm Name: H.W. Lochner, Inc.
Date: November 15, 2017
Classification Unit Rate Unit Rate**Quant Total
Soil Classification EA $60.00 EA 60.00$ 4 240.00$
Standard Proctor (AASHTO T-99) EA $90.00 EA 90.00$ 20 1,800.00$
Modified Proctor (AASHTO T-180) EA $100.00 EA 100.00$ 10 1,000.00$
Modified Proctor Base (FM1 T-180) EA $120.00 EA 120.00$ 10 1,200.00$
Soil Gradation (AASHTO T-88) EA $50.00 EA 50.00$ 10 500.00$
Liquid Limit (AASHTO T-89) EA $45.00 EA 45.00$ 4 180.00$
Plastic Limit (AASHTO T-90) EA $45.00 EA 45.00$ 4 180.00$
LBR (FM5-515) EA $275.00 EA 275.00$ 6 1,650.00$
Organic Content (AASHTO T-267) EA $35.00 EA 35.00$ 8 280.00$
pH of Soils (FM5-550) EA $25.00 EA 25.00$ -$
Full Corrosion Series EA $120.00 EA 120.00$ -$
Coefficient of Permeability-Falling Head (FM5-513) EA $175.00 EA 175.00$ -$
Mechanical Analysis of Extracted Aggregate (FM1-T030) EA $100.00 EA 100.00$ -$
Quantitative Extraction of Bitumen from Bituminous Paving
Mixtures (FM5-544) EA $55.00 EA 55.00$ -$
Mechanical Analysis of Extracted Aggregate (FM5-545) EA $55.00 EA 55.00$ -$
Concrete Test Cylinders (ASTM C-39) EA $10.00 EA 10.00$ 40 400.00$
Flexural Strength Beams (ASTM C-78) EA $25.00 EA 25.00$ -$
TOTAL:7,430.00$
**Rate bsaed on submitted laboratory testing rates by Tierra
Steven R. Blount, PE
Vice President
___________________________
Signature
TIERRA
November 15, 2017
LOCHNER - Director of Construction Services Phone 813.357.3753
4350 West Cypress St.
Suite 800
Tampa, FL 33607
Attn: Mr. Steven R. Blount, PE, VP
email: Sblount@hwlochner.com
RE:CEI Services LAP for City of Clearwater
Proposed Rates, Field and Laboratory Testing
Pinellas County, Florida
Tierra Project Number 6111-17-163
Hi Steven,
Tierra, Inc. appreciates the opportunity to be included on the LOCHNER Team
for this important project. Please find the proposed revised rates for field
inspection staff, and laboratory testing items.
Position Classifications Base
Rate/Hour
Weighted rates
(Base Rate *
Multiplier)
CEI Sr. Inspector $31.37 $78.78
CEI Inspector $21.45 $53.87
CEI Geotechnical Technician (Piles)$29.73 $74.66
CEI Geotechnical Technician (Shafts)$26.50 $66.55
CEI Asphalt Plant Inspector $21.18 $53.19
Hourly Rate:100.000
General Overhead:112.840
FCCM:2.392
Direct Expenses: 10.350
Sub-total:225.582
Profit (12.0%)25.54
251.12
TOTAL MULTIPLIER:2.5112
7351 Temple Terrace Hwy • Tampa, Florida 33637
Phone (813) 989-1354 • Fax (813) 989-1355
CEI LAP for City of Clearwater Proposed Rates
Field and Laboratory Testing
Pinellas County, Florida
Tierra Project Number 6111-17-163
Page 2 of 2
Proposed Laboratory Tests
Classification Unit Rate
Soil Classification EA $60.00
Standard Proctor (AASHTO T-99)EA $90.00
Modified Proctor (AASHTO T-180)EA $100.00
Modified Proctor Base (FM1 T-180)EA $120.00
Soil Gradation (AASHTO T-88)EA $50.00
Liquid Limit (AASHTO T-89)EA $45.00
Plastic Limit (AASHTO T-90)EA $45.00
LBR (FM5-515)EA $275.00
Organic Content (AASHTO T-267)EA $35.00
pH of Soils (FM5-550)EA $25.00
Full Corrosion Series EA $120.00
Coefficient of Permeability-Falling Head (FM5-513)EA $175.00
Mechanical Analysis of Extracted Aggregate (FM1-T030)EA $100.00
Quantitative Extraction of Bitumen from Bituminous Paving
Mixtures (FM5-544)EA $55.00
Mechanical Analysis of Extracted Aggregate (FM5-545)EA $55.00
Concrete Test Cylinders (ASTM C-39)EA $10.00
Flexural Strength Beams (ASTM C-78)EA $25.00
I am your contact for this Contract. You can reach me via email at
hbennett@tierraeng.com or via fax or mail as noted below, or cellular at
(813)390-9816. Please contact me if you have any questions, and thanks again
for having Tierra, Inc. on the team.
Sincerely,
TIERRA, INC.
Harmon C. Bennett, PE
Vice President, Construction Services
PROPOSED STAFFING FORM
CEI Services LAP – City of Clearwater
Consultant Name: Tierra, Inc.
Job Classification Personnel Current Salary Percent of Employee Used
Name and Work Activities: Work Activities: - Perform Inspection work as described in the
Scope of Services for Asphalt Paving, Earthwork Construction, Drainage Construction and
other miscellaneous construction activities. Document, record and report on the construction
activities, materials used and Contractor’s performance. Assist and schedule Inspection staff
Team members.Christen, Jesse L.$31.99 100%
Pelfrey, Lloyd N.$30.75 100%
AVERAGE HOURLY RATE = $31.37
CEI SENIOR
INSPECTOR/SENIOR
ENGINEER INTERN
Name and Work Activities: Perform Inspection work as described in the Scope of Services for
Asphalt Paving, Earthwork Construction, Drainage Construction and other miscellaneous
construction activities. Document, record and report on the construction activities, materials
used and Contractor’s performance.
Ellerbee, Arnold S.$22.30 100%
Gabriel, Kurt A.$22.45 100%
Jacobson, Earl E.$21.50 100%
King, Derret M.$18.30 100%
Web, Larry S.$22.70 100%
AVERAGE HOURLY RATE = $21.45
CEI
INSPECTOR/ENGINEER
INTERN
Name and Work Activities: Provide inspection during construction of driven piles.
Christen, Jesse L.$31.99 100%
Maw, Johnathan M.$26.45 100%
Pelfrey, Lloyd N.$30.75 100%
AVERAGE HOURLY RATE = $29.73
CEI Geotechnical
Technician (Piles)
Name and Work Activities: Provide inspection during construction of driven piles.
Ellerbee, Arnold S.$22.30 100%
Maw, Johnathan M.$26.45 100%
Pelfrey, Lloyd N.$30.75 100%
AVERAGE HOURLY RATE = $26.50
CEI Geotechnical
Technician (Shafts)
Name and Work Activities: Provide inspection services at the asphalt plant during production of
asphalt.
Cheney, Sandra D.$25.00 100%
De La Cerda, Javier, Jr.$16.95 100%
Hartbarger, Paul H.$22.05 100%
Heitman Jr., Lawrence C.$20.70 100%
AVERAGE HOURLY RATE = $21.18
CEI Asphalt Plant
Inspector
TIERRA, INC.
Certified Payroll Summary
Page 1 of 12
Cheney, Sandra D.
Hours Rate Jul 28, 17
Employee Wages, Taxes and Adjustments
Gross Pay
Taxes Withheld
Federal Withholding -24.25
Medicare Employee -4.80
Social Security Employee -20.52
Medicare Employee Addl Tax 0.00
Total Taxes Withheld -49.57
Employer Taxes and Contributions
Federal Unemployment 0.00
Medicare Employer 4.80
Social Security Employer 20.52
FL - Unemployment Company 0.00
Total Employer Taxes and Contributions 25.32
Hourly Rate Calculation
Base Salary per Current Payroll Period Hourly Employee
Multiplied by 26 pay periods/year See rate above
Subtotal
Divided by 2,080 hours per year
Hourly Rate
Hourly - Overtime 0.00
Hourly - Regular 0.00
Hourly - Vacation 0.00
Indirect Labor - Overtime 0.00
Indirect Labor - Regular 17.00 25.00 425.00
Auto Allowance Compensation 0.00
Total Gross Pay 17.00 425.00
TIERRA, INC.
Certified Payroll Summary
Page 2 of 12
Christen, Jesse L.
Hours Rate Jul 28, 17
Employee Wages, Taxes and Adjustments
Gross Pay
Taxes Withheld
Federal Withholding
Medicare Employee
Social Security Employee
Medicare Employee Addl Tax
Total Taxes Withheld
Employer Taxes and Contributions
Federal Unemployment
Medicare Employer
Social Security Employer
FL - Unemployment Company
Total Employer Taxes and Contributions
Hourly Rate Calculation
Base Salary per Current Payroll Period
Multiplied by 26 pay periods/year
Subtotal
Divided by 2,080 hours per year
Hourly Rate
-150.51
-34.20
-146.22
0.00
-330.93
0.00
34.20
146.22
0.00
180.42
Hourly Employee
See rate above
Hourly - Overtime 0.00
Hourly - Regular 26.50 31.99 847.74
Hourly - Vacation 56.00 31.99 1,791.44
Indirect Labor - Overtime 0.00
Indirect Labor - Regular 0.00
Auto Allowance Compensation 30.00
Total Gross Pay 82.50 2,669.18
Page 3 of 12
TIERRA, INC.
Certified Payroll Summary
De La Cerda Jr., Javier
Hours Rate Jul 28, 17
Employee Wages, Taxes and Adjustments
Gross Pay
Taxes Withheld
Federal Withholding
Medicare Employee
Social Security Employee
Medicare Employee Addl Tax
Total Taxes Withheld
Employer Taxes and Contributions
Federal Unemployment
Medicare Employer
Social Security Employer
FL - Unemployment Company
Total Employer Taxes and Contributions
Hourly Rate Calculation
Base Salary per Current Payroll Period
Multiplied by 26 pay periods/year
Subtotal
Divided by 2,080 hours per year
Hourly Rate
-137.22
-21.56
-92.17
0.00
-250.95
0.00
21.56
92.17
0.00
113.73
Hourly Employee
See rate above
Hourly - Overtime 13.00 25.43 330.59
Hourly - Regular 80.00 16.95 1,356.00
Hourly - Vacation 0.00
Indirect Labor - Overtime 0.00
Indirect Labor - Regular 0.00
Auto Allowance Compensation 0.00
Total Gross Pay 93.00 1,686.59
Page 4 of 12
TIERRA, INC.
Certified Payroll Summary
Ellerbee, Arnold S.
Hours Rate Jul 28, 17
Employee Wages, Taxes and Adjustments
Gross Pay
Hourly - Overtime 21.00 33.45 702.45
Hourly - Regular 59.00 22.30 1,315.70
Hourly - Vacation 0.00
Indirect Labor - Overtime 6.00 33.45 200.70
Indirect Labor - Regular 21.00 22.30 468.30
Auto Allowance Compensation 30.00
Total Gross Pay 107.00 2,717.15
Taxes Withheld
Federal Withholding
Medicare Employee
Social Security Employee
Medicare Employee Addl Tax
Total Taxes Withheld
Employer Taxes and Contributions
Federal Unemployment
Medicare Employer
Social Security Employer
FL - Unemployment Company
Total Employer Taxes and Contributions
Hourly Rate Calculation
Base Salary per Current Payroll Period
Multiplied by 26 pay periods/year
Subtotal
Divided by 2,080 hours per year
Hourly Rate
-441.92
-38.00
-162.46
0.00
-642.38
0.00
38.00
162.46
0.00
200.46
Hourly Employee
See rate above
Page 5 of 12
TIERRA, INC.
Certified Payroll Summary
Gabriel, Kurt A
Hours Rate Jul 28, 17
Employee Wages, Taxes and Adjustments
Gross Pay
Hourly - Overtime 50.25 33.68 1,692.42
Hourly - Regular 78.75 22.45 1,767.94
Hourly - Vacation 0.00
Indirect Labor - Overtime 1.25 33.68 42.10
Indirect Labor - Regular 1.25 22.45 28.06
Auto Allowance Compensation 30.00
Total Gross Pay 131.50 3,560.52
Taxes Withheld
Federal Withholding
Medicare Employee
Social Security Employee
Medicare Employee Addl Tax
Total Taxes Withheld
Employer Taxes and Contributions
Federal Unemployment
Medicare Employer
Social Security Employer
FL - Unemployment Company
Total Employer Taxes and Contributions
Hourly Rate Calculation
Base Salary per Current Payroll Period
Multiplied by 26 pay periods/year
Subtotal
Divided by 2,080 hours per year
Hourly Rate
-188.20
-46.81
-200.16
0.00
-435.17
0.00
46.81
200.16
0.00
246.97
Hourly Employee
See rate above
Page 6 of 12
TIERRA, INC.
Certified Payroll Summary
Hartbarger, Paul H.
Hours Rate Jul 28, 17
Employee Wages, Taxes and Adjustments
Gross Pay
Hourly - Overtime 0.00
Hourly - Regular 19.00 22.05 418.95
Hourly - Vacation 55.50 22.05 1,223.78
Indirect Labor - Overtime 0.00
Indirect Labor - Regular 5.50 22.05 121.28
Auto Allowance Compensation 30.00
Total Gross Pay 80.00 1,794.01
Taxes Withheld
Federal Withholding
Medicare Employee
Social Security Employee
Medicare Employee Addl Tax
Total Taxes Withheld
Employer Taxes and Contributions
Federal Unemployment
Medicare Employer
Social Security Employer
FL - Unemployment Company
Total Employer Taxes and Contributions
Hourly Rate Calculation
Base Salary per Current Payroll Period
Multiplied by 26 pay periods/year
Subtotal
Divided by 2,080 hours per year
Hourly Rate
-53.79
-21.22
-90.73
0.00
-165.74
0.00
21.22
90.73
0.00
111.95
Hourly Employee
See rate above
Page 7 of 12
TIERRA, INC.
Certified Payroll Summary
Heitman Jr., Lawrence C.
Hours Rate Jul 28, 17
Employee Wages, Taxes and Adjustments
Gross Pay
Hourly - Overtime 4.00 31.05 124.20
Hourly - Regular 15.50 20.70 320.85
Hourly - Vacation 0.00
Indirect Labor - Overtime 19.50 31.05 605.48
Indirect Labor - Regular 64.50 20.70 1,335.15
Auto Allowance Compensation 0.00
Total Gross Pay 103.50 2,385.68
Taxes Withheld
Federal Withholding
Medicare Employee
Social Security Employee
Medicare Employee Addl Tax
Total Taxes Withheld
Employer Taxes and Contributions
Federal Unemployment
Medicare Employer
Social Security Employer
FL - Unemployment Company
Total Employer Taxes and Contributions
Hourly Rate Calculation
Base Salary per Current Payroll Period
Multiplied by 26 pay periods/year
Subtotal
Divided by 2,080 hours per year
Hourly Rate
-338.00
-31.78
-135.87
0.00
-505.65
0.00
31.78
135.87
0.00
167.65
Hourly Employee
See rate above
Page 8 of 12
TIERRA, INC.
Certified Payroll Summary
Jacobson, Earl E.
Hours Rate Jul 28, 17
Employee Wages, Taxes and Adjustments
Gross Pay
Hourly - Overtime 1.00 32.25 32.25
Hourly - Regular 80.00 21.50 1,720.00
Hourly - Vacation 0.00
Indirect Labor - Overtime 0.00
Indirect Labor - Regular 0.00
Auto Allowance Compensation 0.00
Total Gross Pay 81.00 1,752.25
Taxes Withheld
Federal Withholding
Medicare Employee
Social Security Employee
Medicare Employee Addl Tax
Total Taxes Withheld
Employer Taxes and Contributions
Federal Unemployment
Medicare Employer
Social Security Employer
FL - Unemployment Company
Total Employer Taxes and Contributions
Hourly Rate Calculation
Base Salary per Current Payroll Period
Multiplied by 26 pay periods/year
Subtotal
Divided by 2,080 hours per year
Hourly Rate
-164.07
-23.90
-102.20
0.00
-290.17
0.00
23.90
102.20
0.00
126.10
Hourly Employee
See rate above
Page 9 of 12
TIERRA, INC.
Certified Payroll Summary
King, Derret M.
Hours Rate Jul 28, 17
Employee Wages, Taxes and Adjustments
Gross Pay
Hourly - Overtime 35.75 27.45 981.34
Hourly - Regular 80.00 18.30 1,464.01
Hourly - Vacation 0.00
Indirect Labor - Overtime 0.00
Indirect Labor - Regular 0.00
Auto Allowance Compensation 0.00
Total Gross Pay 115.75 2,445.35
Taxes Withheld
Federal Withholding
Medicare Employee
Social Security Employee
Medicare Employee Addl Tax
Total Taxes Withheld
Employer Taxes and Contributions
Federal Unemployment
Medicare Employer
Social Security Employer
FL - Unemployment Company
Total Employer Taxes and Contributions
Hourly Rate Calculation
Base Salary per Current Payroll Period
Multiplied by 26 pay periods/year
Subtotal
Divided by 2,080 hours per year
Hourly Rate
-422.68
-35.30
-150.95
0.00
-608.93
0.00
35.30
150.95
0.00
186.25
Hourly Employee
See rate above
Page 10 of 12
TIERRA, INC.
Certified Payroll Summary
Maw, Johnathan M.
Hours Rate Jul 28, 17
Employee Wages, Taxes and Adjustments
Gross Pay
Hourly - Overtime 2.50 39.68 99.20
Hourly - Regular 22.00 26.45 581.90
Hourly - Vacation 0.00
Indirect Labor - Overtime 17.25 39.68 684.48
Indirect Labor - Regular 58.00 26.45 1,534.10
Auto Allowance Compensation 30.00
Total Gross Pay 99.75 2,929.68
Taxes Withheld
Federal Withholding
Medicare Employee
Social Security Employee
Medicare Employee Addl Tax
Total Taxes Withheld
Employer Taxes and Contributions
Federal Unemployment
Medicare Employer
Social Security Employer
FL - Unemployment Company
Total Employer Taxes and Contributions
Hourly Rate Calculation
Base Salary per Current Payroll Period
Multiplied by 26 pay periods/year
Subtotal
Divided by 2,080 hours per year
Hourly Rate
-520.80
-40.99
-175.29
0.00
-737.08
0.00
40.99
175.29
0.00
216.28
Hourly Employee
See rate above
Page 11 of 12
TIERRA, INC.
Certified Payroll Summary
Pelfrey, Lloyd "Nolan" N.
Hours Rate Jul 28, 17
Employee Wages, Taxes and Adjustments
Gross Pay
Hourly - Overtime 22.00 46.13 1,014.87
Hourly - Regular 72.00 30.75 2,214.00
Hourly - Vacation 0.00
Indirect Labor - Overtime 0.00
Indirect Labor - Regular 8.00 30.75 246.00
Auto Allowance Compensation 30.00
Total Gross Pay 102.00 3,504.87
Taxes Withheld
Federal Withholding
Medicare Employee
Social Security Employee
Medicare Employee Addl Tax
Total Taxes Withheld
Employer Taxes and Contributions
Federal Unemployment
Medicare Employer
Social Security Employer
FL - Unemployment Company
Total Employer Taxes and Contributions
Hourly Rate Calculation
Base Salary per Current Payroll Period
Multiplied by 26 pay periods/year
Subtotal
Divided by 2,080 hours per year
Hourly Rate
-574.39
-49.19
-210.31
0.00
-833.89
0.00
49.19
210.31
0.00
259.50
Hourly Employee
See rate above
Page 12 of 12
TIERRA, INC.
Certified Payroll Summary
Webb, Larry S.
Hours Rate Jul 28, 17
Employee Wages, Taxes and Adjustments
Gross Pay
Hourly - Overtime 13.75 34.05 468.19
Hourly - Regular 73.00 22.70 1,657.10
Hourly - Vacation 0.00
Indirect Labor - Overtime 0.75 34.05 25.54
Indirect Labor - Regular 7.00 22.70 158.90
Auto Allowance Compensation 0.00
Total Gross Pay 94.50 2,309.73
Taxes Withheld
Federal Withholding
Medicare Employee
Social Security Employee
Medicare Employee Addl Tax
Total Taxes Withheld
Employer Taxes and Contributions
Federal Unemployment
Medicare Employer
Social Security Employer
FL - Unemployment Company
Total Employer Taxes and Contributions
Hourly Rate Calculation
Base Salary per Current Payroll Period
Multiplied by 26 pay periods/year
Subtotal
Divided by 2,080 hours per year
Hourly Rate
-241.97
-32.07
-137.12
0.00
-411.16
0.00
32.07
137.12
0.00
169.19
Hourly Employee
See rate above
www.fdot.gov
RICK SCOTT
GOVERNOR
Florida Department of Transportation
605 Suwannee Street
Tallahassee, FL 32399-0450
MIKE DEW
SECRETARY
June 29, 2017
Luis Mahiquez, President
TIERRA, INC.
7351 Tempe Terrace Highway
Tampa, Florida 33637
Dear Mr. Mahiquez:
The Florida Department of Transportation has reviewed your application for qualification
package and determined that the data submitted is adequate to technically qualify your firm for
the following types of work:
Group 9 - Soil Exploration, Material Testing and Foundations
9.1 - Soil Exploration
9.2 - Geotechnical Classification Laboratory Testing
9.3 - Highway Materials Testing
9.4.1 - Standard Foundation Studies
9.4.2 - Non-Redundant Drilled Shaft Bridge Foundation Studies
9.5 - Geotechnical Specialty Laboratory Testing
Group 10 - Construction Engineering Inspection
10.1 - Roadway Construction Engineering Inspection
10.3 - Construction Materials Inspection
10.4 - Minor Bridge & Miscellaneous Structures CEI
Your overhead audit has been accepted, enabling your firm to compete for Professional
Services projects advertised at the unlimited level, with estimated fees of any dollar amount.
This status shall be valid until June 30, 2018 for contracting purposes.
Indirect Cost
Home/
Branch
Office
177.78%
Field
Office
112.84%
Facilities
Capital Cost
of Money
2.392%
Overtime
Premium
Reimbursed
Direct Expense
4.61% (Home)
10.35% (Field)*
Published
Fee
Schedule
Yes
*Rent and utilities excluded from field office rate. These costs will be directly reimbursed on
contracts that require the consultant to provide field office.
www.fdot.gov
Should you have any questions, please feel free to contact me by email at
carliayn.kell@dot.state.fl.us or by phone at 850-414-4597.
Sincerely,
Carliayn Kell
Professional Services
Qualification Administrator
This is to certify that this laboratory has been accredited for technical competence and found to meet the requirements for performing the test methods listed below for the inspection and testing of construction materials.
AASHTO R18
Tierra Inc.
7351 Temple Terrace Hwy
Tampa, FL 33637
United States
Reinspection Due Date: 6/6/2018
Accreditation ID: 1004692
Aggregate
ASTM Methods: ASTM C117, ASTM C127, ASTM C128, ASTM C131, ASTM C136, ASTM C29, ASTM C40, ASTM C566, ASTM C702, ASTM 04791, ASTM Specification C1077 - Aggregate, ASTM
Specification E329 - Aggregate
AASHTO Methods: AASHTO R76, AASHTO T11, AASHTO T19, AASHTO T21, AASHTO T255 , AASHTO T27 , AASHTO T84, AASHTO T85, AASHTO T96
Concrete
ASTM Methods: ASTM C1064, ASTM C1231, ASTM C138, ASTM C143, ASTM C172, ASTM C173, ASTM C192, ASTM C231, ASTM C31, ASTM C39, ASTM C42, ASTM C511,ASTM C617, ASTM C78,
ASTM Specification C1077 - Concrete, ASTM Specification E329 - Concrete
AASHTO Methods: AASHTO M201, AASHTO R39,AASHTO R60, AASHTO T119,AASHTO T121, AASHTO T152, AASHTO T196, AASHTO T22, AASHTO T23, AASHTO T231, AASHTO T24, AASHTO
T309, AASHTO T97
Hot Mix Asphalt
ASTM Methods: ASTM 06307
AASHTO Methods: AASHTO T308
Soil
ASTM Methods: ASTM 01140, ASTM 01557, ASTM 02216, ASTM 02487, ASTM 02488, ASTM 03080, ASTM 0421, ASTM 04318 (1), ASTM 04318 (2),ASTM 04944, ASTM 06938, ASTM 0698, ASTM
Specification 03740 - Soil, ASTM Specification E329 - Soil, 07928
AASHTO Methods: AASHTO R58, AASHTO T180, AASHTO T217, AASHTO T236, AASHTO T265, AASHTO T267, AASHTO T310, AASHTO T88, AASHTO T89, AASHTO T90, AASHTO T99
State Methods: FM 5 514, FM 5 515, FM 5 550, FM 5 551, FM 5 552, FM 5 553
Accreditation Date:7/12/2017 Expiration Date: 9/4/2018
Vc.widrA. Sc.w
David A. Savage
nirf'f'tor of A""rf'rlifation The current scope of accreditation can be obtained by viewing the CMEC Directory of Accredited Laboratories (www.cmec.org)
ChrU,t;opheY T. R
Christopher J.Robinson. P.E.
F.Yf'f'lltivf' nirf'c.tor
APPENDIX “C”
LOCAL AGENCY PROGRAM FEDERAL-AID TERMS FOR
PROFESSINAL SERVICES CONTRACTS
LOCAL AGENCY PROGRAM FEDERAL-AID TERMS For PROFESSIONAL SERVICES CONTRACTS
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TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):
The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds:
A. It is understood and agreed that all rights of the Local Agency relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S. Department of Transportation, anything to the contrary in this Agreement not withstanding. C. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. D. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.
E. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status.
F. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information.
G. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the Local Agency shall impose such contract sanctions as it or the Florida Department of Transportation, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to,
1. withholding of payments to the Consultant under the contract until the Consultant complies and/or 2. cancellation, termination or suspension of the contract, in whole or in part. H. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through I in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. I. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment
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Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act
of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the
Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). J. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom. K. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. L. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statements shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in termination of this contract or other such remedy as the recipient deems appropriate. M. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement. N. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the Local Agency. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation.
O. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to
1. employ or retain, or agree to employ or retain, any firm or person, or
2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws,
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P. The Consultant hereby certifies that it has not: 1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract;
2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this contract; or
3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract.
The consultant further acknowledges that this agreement will be furnished to the Local Agency, the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.
APPENDIX “D”
REQUIRED FORMS
PARTICIPARTION BY DISADVANTAGED BUSINESS ENTERPRISES IN
DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS
It is the policy of the City of Clearwater that disadvantaged businesses, as defined by 49
Code of Federal Regulations, Part 26, shall have an opportunity to participate in the
performance of MPO contracts in a nondiscriminatory environment. The objectives of
the Disadvantaged Business Enterprise Program are to ensure non-discrimination in the
award and administration of contracts, ensure firms fully meet eligibility standards,
help remove barriers to participation, create a level playing field, assist in development
of a firm so it can compete successfully outside of the program, provide flexibility, and
ensure narrow tailoring of the program. The City of Clearwater and its consultants shall
take all necessary and reasonable steps to ensure that disadvantaged businesses have an
opportunity to compete for and perform the contract work of the City of Clearwater in a
non-discriminatory environment. The City of Clearwater shall require its consultants to
not discriminate on the basis of race, color, national origin, and sex in the award and
performance of its contracts. This policy covers in part the applicable federal regulations
and the applicable statutory references contained therein for the Disadvantaged
Business Enterprise Program Plan, Chapters 337 and 339, Florida Statutes, and Rule
Chapter 14-78, Florida Administrative Code.
Appendix A
WORK ORDER INITIATION FORM 1 of 11 Revised: 7/3/2017
WORK ORDER INITIATION FORM
for the CITY OF CLEARWATER
Date: November 27, 2017
Consultant Project Number:
City Project Number: 04-0021-PR
1. PROJECT TITLE:
Druid Trail Phase IV - FPN 432580-1-58-01
2. SCOPE OF SERVICES :
PROJECT SUMMARY
The Druid Trail phase IV is the final stage to construct a critical non-motorized pedestrian and
biking trail for users traveling east-west within the City of Clearwater. Phase IV will traverse
from South Evergreen Avenue to the Duke Energy Trail just west of Bypass Drive. The overall
project will include but is not limited to site preparation work, conflict relocation, asphalt
placement, drainage work, concrete flatwork, and MUTCD signing and pavement markings for
approximately 15,500 linear feet of 8’ wide asphalt trail.
GENERAL REQUIREMENTS. It shall be the responsibility of the Consultant to administer, monitor
and inspect the work included in the Contract such that the project is constructed in reasonable
conformity with the plans, specifications, and special provisions of the Project. The Consultant
shall observe the Contractor’s work to determine the progress and quality of work, identify
discrepancies, report significant discrepancies to the City, and direct the Contractor to correct
such observed discrepancies. The Consultant shall advise the City Project Manager of any
significant omissions, substitutions, defects, and deficiencies noted in the work of the
Contractor and the corrective action that has been directed to be performed by the Contractor.
Work provided by the Consultant shall not relieve the Contractor of responsibility for the
satisfactory performance of the Construction Contract.
In addition to the above, consultant will be responsible to ensure the requirements of chapter
23 of the Florida Department of Transportation LAP manual (01/2017 edition) are maintained.
I. PRE-CONSTRUCTION PHASE
Task 1: Preliminary Project Establishment
Complete and review all applicable construction documents, utility relocation agreements,
and environmental permit requirements to identify any and all constructability or quantity
errors in order to reduce the potential for future construction claims.
Appendix A
WORK ORDER INITIATION FORM 2 of 11 Revised: 7/3/2017
Complete and file video surveillance, digital photos, and survey work of pre-construction
activities to illustrate fully the as-is conditions.
Participate in a Pre-Services Meeting with City of Clearwater and FDOT as required
(Conference Call).
LAP pre-services meeting with FDOT Contract Compliance Manager to be attended by
Lochner and City of Clearwater representative.
Plan and conduct a detailed Pre-Construction Meeting with the Prime Contractor, their
subcontractors, all utility system representatives, local agencies, and all other project
stakeholders to ensure a common understanding of project objectives, schedules, and
contract administration issues. Invited attendees will also include those persons identified
in Section 23.2 of the FDOT LAP Manual (1/2017 edition).
LAP Requirement Review meeting with contractor
Review contractor’s Baseline Schedule and provide recommendation to the City of
Clearwater for approval.
II. CONSTRUCTION ADMINISTRATION and INSPECTION PHASE
Construction, Engineering and Inspection (CEI) and FDOT Resident Compliance support services
after Construction contract NTP for the Druid Trail Phase IV, FDOT Project Identification Number
432580-1-58-01. Work includes installation of a shared use path and associated pavement
markings and signage and intersection improvements. This project is funded by a FDOT LAP
agreement.
Task 1: Administration and Inspection
Separate utility meetings are held as necessary to discuss concerns and integration of utility
work schedules with the project baseline construction schedule.
Advise the City of Clearwater of any omissions, substitutions, defects and deficiencies
noted in the work of the Contractor or contract documents and any corrective action to be
taken. On the basis of on-site observations, Lochner shall endeavor to guard the City of
Clearwater against defects and deficiencies in the work. Lochner does not have control over
nor charge of and should not be responsible for construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the
work, since these are solely the Contractor’s responsibility under the contract for
construction. Lochner shall not have control over or charge of acts of omissions of the
Contractor, subcontractors, or their agents or employees, or any other persons performing
portions of the construction.
Hold monthly construction progress meetings to discuss all aspects of on-going
construction including forecasts of construction activities for the coming month. Hold
additional progress meetings as needed and agreed upon by the City Project Manager.
During construction, review Contractor proposed field changes and recommendations and
provide input to the City of Clearwater regarding the proposed recommendations for a
particular field situations not covered by the plans and specifications.
Assist the City of Clearwater with the analysis of proposed changes to the plans,
specification and make recommendation including cost analysis of contractor's proposal,
prior to any modifications to the plans or specification. Assistance will include the
following:
• During construction, document, track and review change proposal requests submitted by
Appendix A
WORK ORDER INITIATION FORM 3 of 11 Revised: 7/3/2017
contractor in a timely manner to recommend if modifications are warranted and conform
to LAP guidelines and governing contract documents.
• Determine “root causes” for proposal are valid such as changes in conditions, unforeseen
conditions, conflicts, material delays or other items not anticipated and confirm contractor
activities did not provide the basis for change.
• Analyze and prepare an entitlement analysis including detailed estimates of probable costs
of contractor's proposal including possible items where costs seem excessive based on
current market guidelines.
• Research and determine if change proposal is eligible for inclusion in LAP funding
agreement then proceed with securing concurrence and authorizations prior to
construction.
• Prepare an executive summary to the City of Clearwater project manager with details and
recommendations including possible fiscal and time impacts to the project if executed.
• Analyze the Contractor’s schedule (i.e. baselines, revised baselines, updates) for
compliance with contract documents. The following elements will be reviewed as necessary
through the duration of the Project: completeness, logic duration, activity, flow milestone,
dates, concurrency, resource allotment and delays. Verify the schedule conforms to
construction phasing and MOT sequencing including all contract modifications.
• Request, receive, review, reject, and/or approve shop drawings, product data and test
results submitted by the Contractor for all pertinent items needed in construction. Review
of all submittals will be to determine satisfactory compliance with the project plans and
specifications, noting approval or stipulations. Determine the acceptability, subject to City
of Clearwater approval, of substitute materials and equipment proposed by the Contractor.
• Review submittals and tests required by the contract documents.
• Provide coordination between and among the CITY, Contractor and the subject utilities, as
required.
• Prepare and submit Consultant invoices on a monthly basis to the City of Clearwater Project
Manager for review, approval and processing.
• Prepare and submit monthly a consultant budget and technical status report to the City of
Clearwater with each pay request or invoice.
• Supplemental Agreements/Document changes/Work orders
Construction Photographs
The Consultant shall have a digital camera for photographic documentation with date and
time stamp of noteworthy incidents or events to cover the following areas:
a) Pre-construction photographs
b) Normal and exceptional progress of work
c) Critical path activities
d) Accidents showing damage
e) Unsafe working conditions
f) Unusual construction techniques
g) Damaged equipment or materials
h) Any activity, which may result in claims
Appendix A
WORK ORDER INITIATION FORM 4 of 11 Revised: 7/3/2017
Photographs will be filed and maintained on the Consultant’s computer using a digital
photo management system. Copies of photographs will be electronically transferred to the
City’s Project Manager at an interval determined by the City’s Project Manager.
The taking of the photographs shall begin the day prior to the start of construction and
continue regularly throughout this project. Photographs shall be taken the days of Pre-Final
and Final Acceptance Dates.
Documentation
Monitor and record daily activities of the construction contractor including activities,
equipment, man-power, and issues.
Provide quantity tracking and documentation for the purpose of verifying monthly pay
applications. Supporting documentation will be maintained and submitted electronically to
the City of Clearwater at project closeout for any necessary record retention.
Review and submit monthly estimates that are prepared by the contractor.
Construction Quality
Consultant shall monitor the Contractor’s construction activities and inspect materials used
in the work in accordance with the plans, specifications, and special provisions for the
Contract to determine that the project is constructed in reasonable conformity with such
documents.
Perform detailed daily inspections and documentation of contractor operations to verify
work is being performed in accordance with all contract documents. These daily inspection
reports will be summarized in a weekly report including verification that all earthwork,
drainage system construction, concrete placement, landscape installation, and asphalt
operations are in accordance with contract specifications.
Review Contractor’s Quality Control plan and provide recommendation for acceptance to
the City of Clearwater.
Conduct pre-activity meetings with CEI and contractor personnel on all major work
activities to review scope, testing requirements, submittals, applicable specifications,
quantity documentation, etc.
Safety
Monitor contractor safety program and notify contractor immediately of any observed
safety issues. Lochner does not have control over nor charge of and should not be
responsible for safety precautions and programs in connection with the work, since these
are solely the Contractor’s responsibility under the contract for construction.
Review and Approve Professional Certified Maintenance of Traffic (MOT) plans if different
from contract plans.
Analyze the contractor MOT Plan to verify the contractor’s placement and maintenance of
MOT devices is in accordance with applicable document and safety requirements by video
and digital camera documentation during both day and night hours.
Environmental
Assist the City of Clearwater with monitoring the project to the extent necessary to
Appendix A
WORK ORDER INITIATION FORM 5 of 11 Revised: 7/3/2017
determine whether construction activities violate the requirements of the permits and if so
determined, notify the Contractor of any violations or potential violations and require him
to immediately resolve the problem. The City of Clearwater is to be notified of all violations,
prior to Contractor being notified.
Review the Storm Water Pollution Prevention Plan (SWPPP) in accordance with NPDES
requirements for the Project. Review the necessary Notice of Intent (NOI) for the Project.
Verify that the contractor is conducting inspections, preparing reports and monitoring all
storm water pollution prevention measures associated with the project. Consultant shall
provide at least one inspector who has successfully completed the “Florida Stormwater,
Erosion, and Sedimentation Control Training and Certification Program for Inspector and
Contractors.”
Public Communications
As requested by the City, the Consultant will coordinate and maintain communications with
impacted property owners for the project. This includes public meetings and day to day
contact with City residents. The Consultant may also be required to coordinate notifications
to property owners about the project scope, schedule and costs.
Task 2: Resident Compliance Support Services
The Consultant shall provide trained staff to monitor the Contractor and the Subcontractor’s
performance for compliance with all the requirements of the Equal Employment Opportunity
(EEO) and Affirmative Action (AA), Disadvantage Business Enterprise (DBE), On-the-Job Training
(OJT), if applicable, and Federal Davis-Bacon Wage Rate Provisions as required by FHWA 1273
“Required Contract Provision for on Federal-Aid Construction Contracts” and the State of Florida
Statutes. In accordance with the FDOT Contract Compliance Workbook. LAP Compliance to
include:
• Attend and participate in a Pre-conference construction meeting.
• Administer compliance assistance through direct communication with the Contractor and
the City.
• Perform the contract compliance and certification.
• Be responsible to monitor the Project Compliance documentation in conformity with the
Contract Documents and Davis Bacon Act and any closeout documentation required by the
FDOT.
• Keep the City’s Project Manager informed of all significant deficiencies discovered and
recommend appropriate actions as necessary.
• Review certified payrolls for Contractor and subcontractors to ensure the wage rates and
classifications are correct.
• Perform monthly interviews based on 25% of the workforce.
• Assist the City in maintaining records for all Equal Employment Opportunity (EEO)
Compliance as required by contract documents.
• Discuss compliance requirements per the contract.
• Be responsible for maintaining the required EEO documentation required on this project.
• Address FDOT compliance questions from the contractor
Appendix A
WORK ORDER INITIATION FORM 6 of 11 Revised: 7/3/2017
• Job Board Inspections to be performed by inspection staff
• Employee Interviews to be performed by inspection staff
• Upload LAP construction phase documents into LAPIT and EOC websites to include daily
inspection reports
Task 3: Materials Testing
Consultant shall perform sampling and testing of component materials and completed work
in accordance with the Contract documents; minimum sampling frequencies set out in the
FDOT’s Materials Sampling, Testing and Reporting Guide shall be met.
Daily surveillance of the Contractor’s Quality Control activities
Coordinate laboratory testing of construction materials as needed.
Manage project materials acceptance program, review testing results and verify acceptance
of materials.
III. POST-CONSTRUCTION PHASE
Task 1: Close-out
Construction, Engineering and Inspection (CEI) and FDOT Resident Compliance support services
to close-out the project and contract after final acceptance of the Construction contract for the
Druid Trail Phase IV project, FDOT Project Identification Number 432580-1-58-01. This project is
funded by a FDOT LAP agreement.
Review and verify all submitted record drawings (As-Builts) from the contractor.
Submit an accurate, certified Final Estimate package within the established timeframe.
Provide all necessary permitting support for close-out of the permits.
Construction Materials Certification
Summarize any outstanding issues and provide support
Prepare and submit a compliance folder with all documentation to the City of Clearwater
Final project record retention and submission to FDEP
Conduct a meeting to evaluate lessons learned, how the city and the consultant could
improve on future LAP and roadway projects, and to review city performance evaluations.
3. PROJECT GOALS:
LOCHNER shall maintain accurate records of activities and events relating to the
project, utilize effective control procedures so that the construction of the project is
performed in substantial conformity with the plans, specifications established standard
procedures and practices of the City of Clearwater and contract provisions. LOCHNER shall
also p e r f o r m contract management engineering s e r v i c e s and other duties services
necessary to administer and coordinate EEO/LAP tasks and to adhere to current City of
Clearwater, Florida Department of Transportation, and Federal requirements.
Appendix A
WORK ORDER INITIATION FORM 7 of 11 Revised: 7/3/2017
4. BUDGET
See Attachment “2”: Project Budget
This price includes all labor and expenses anticipated to be incurred by LOCHNER for the
completion of these tasks in accordance with Professional Services Method “A” – Cost Times
Multiplier Basis for a fee not to exceed Two Hundred Eighty-Five Thousand Two Hundred
Seventeen Dollars and Ninety-Five Cents ($285,217.95).
5. SCHEDULE:
The project is to be completed within 12 months from issuance of notice-to-proceed. The
project deliverables are to be phased as follows:
Description of Milestone Calendar Days from
PO to Milestone
CEI Contract Award 0
Project Mobilization 0
Initialization - Pre construction agenda, site video, project contact list, utility
contacts/ coordination, IT setup for database
5
LAP compliance meeting with FDOT District 7 including RCS staff 7
Pre-construction meetings including construction, utility coordination,
FHWA/EEO/LAP Requirements
14
Review of Submittals - Schedule, Required bond documents, shop drawings,
EEO documentation, sublets, materials, equipment, MOT
20
Notice to Proceed - Based on criteria for approval 21
Construction of Improvements (274 days) 295
Substantial Completion / Punch List 295
Record Drawings (14 days) 309
Final Acceptance (30 Days) 325
Completed Final Estimate and Documentation, Release of liens, consent of
surety, final payment with retainage
340
Lessons Learned/Project Closeout with files 365
6. STAFF ASSIGNMENT (Consultant)
Steven Blount, PE Principal in Charge (Lochner)
Gary S. Downing, PE, Senior Project Engineer (Lochner)
Scott Franklin, Senior Inspector (Lochner)
Lo Korb, Contract Support Specialist (Lochner)
Larry Taylor, Resident Compliance Officer (LPAS)
Appendix A
WORK ORDER INITIATION FORM 8 of 11 Revised: 7/3/2017
Kyonna Johnson Resident Compliance Specialist (LPAS)
Daniel Simpson, PE, Project Manager (Clearwater)
7. CORRESPONDENCE/REPORTING PROCEDURES:
ENGINEER’s project correspondence shall be directed to:
Gary Downing, PE, Senior Project Engineer
All City project correspondence shall be directed to:
Daniel Simpson, PE, Project Manager with copies to others as may be appropriate.
8. INVOICING/FUNDING PROCEDURES:
For work performed, invoices shall be submitted monthly to the City of Clearwater, Engineering
Department, Attn.: Veronica Josef, Senior Staff Assistant, PO Box 4748, Clearwater, Florida
33758-4748.
City Invoicing Code: 0315-92146-561200-541-000-0000
9. INVOICING PROCEEDURES
At a minimum, in addition to the invoice amount(s) the following information shall be provided
on all invoices submitted on the Work Order:
A. Purchase Order Number and Contract Amount.
B. The time period (begin and end date) covered by the invoice.
C. A short narrative summary of activities completed in the time period
D. Contract billing method – Cost Times Multiplier
E. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due,
previous amount earned, total earned to date for each task and other direct costs (receipts
will be required for any single item with a cost of $50 or greater or cumulative monthly
expenses greater than $100).
F. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice
amounts by funding code.
10. SPECIAL CONSIDERATIONS:
The consultant named above is required to comply with Section 119.0701, Florida Statutes
(2013) where applicable.
PREPARED BY: APPROVED BY:
________________________ ________________________
Gary Downing, PE D. Scott Rice, PE
Senior Project Engineer City Engineer
H.W. Lochner, Inc. City of Clearwater
___________________ ___________________
Date Date
Attachment 1
WORK ORDER INITIATION FORM 9 of 11 Revised: 7/3/2017
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
WORK ORDER INITIATION FORM
CITY DELIVERABLES
I. PRE-CONSTRUCTION PHASE DELIVERABLES
Task 1: Preliminary Project Establishment
Pre-Construction video and pictures
Meeting minutes from Clearwater pre-services meeting
Meeting minutes from FDOT LAP pre-services meeting
Meeting minutes from pre-construction conference
Baseline Schedule Acceptance letter (via email)
II. CONSTRUCTION ADMINISTRATION and INSPECTION PHASE
DELIVERABLES
Task 1: Administration
Monthly progress meeting minutes
Utility Coordination meeting minutes if necessary
Request for Information (RFI) Log
Submittal Logs
Daily Inspection reports
Engineers Weekly Summary
Monthly Progress Report
Contractor Pay Application
Task 2: Resident Compliance Support
Conduct federally required number of employee interviews (FORM 700-010-63)
Conduct initial, pre-audit job site bulletin board inspections and log reports (FORM 275-021-
10)
Attachment 1
WORK ORDER INITIATION FORM 10 of 11 Revised: 7/3/2017
Match wage rates to submitted payrolls and daily reports, insure contractor document
submittal within required timeframe and write non-compliance/violations as needed.
Documentation of these reviews will be included in the monthly status report to the City.
Review at least 20% of all sub-contracts for inclusion of FHWA Form 1273 and other
federally required forms. Documentation of these reviews will be included in the monthly
status report to the City.
Insure accuracy and completeness of required data into EOC and LAPIT
Provide documented guidance and recommendations to the City on EEO/Compliance
matters including but not limited to those listed above.
Provide documented responses to FDOT/FHWA compliance questions and clarification
requests
Provide monthly status reports to the City
Task 3: Material Testing
Verify acceptance of construction materials according to specifications
Review and Accept contractor Quality Control plan
Field and Laboratory Testing Reports
Material acceptance monthly status report
III. POST-CONSTRUCTION PHASE DELIVERABLES
Task 1: Close-out
Final estimate package within 30 days of notice of final completion
Offer of final payment and submit final pay application within 30 days from notice of final
acceptance
Submit a signed and sealed set of as-built record drawings that reflects all field changes
within 30 days from notice of final acceptance
Provide electronically all project records and correspondence within 30 days from notice of
final acceptance.
Attachment 2
WORK ORDER INITIATION FORM 11 of 11 Revised: 7/3/2017
DRUID TRAIL PHASE IV
WORK ORDER INITIATION FORM
PROJECT BUDGET
Phase Description Subconsultant
Services
Labor Total
1.0 Pre-Construction Phase
1.1 CEI Senior Project Engineer $8,360.96 $8,360.96
1.2 CEI Senior Inspector $7,231.13 $7,231.13
1.3 CEI Contract Support Specialist $3,613.83 $3,613.83
1.4 Resident Compliance Officer $1,677.06 $1,677.06
1.5 Resident Compliance Specialist $2,585.22 $2,585.22
$23,468.20
2.0 Construction Administration and Inspection Phase
2.1 CEI Senior Project Engineer $60,198.93 $60,198.93
2.2 CEI Senior Inspector $130,160.25 $130,160.25
2.3 CEI Contract Support Specialist $16,262.23 $16,262.23
2.4 Resident Compliance Officer $5,031.18 $5,031.18
2.5 Resident Compliance Specialist $11,633.49 $11,633.49
2.6 CEI Inspector $10,665.00 $10,665.00
2.7 Material Testing $7,430.00 $7,430.00
$241,381.08
3.0 Post-Construction Phase
3.1 CEI Senior Project Engineer $8,360.96 $8,360.96
3.2 CEI Senior Inspector $7,231.13 $7,231.13
3.3 CEI Contract Support Specialist $1,806.91 $1,806.91
3.4 Resident Compliance Officer $1,677.06 $1,677.06
3.5 Resident Compliance Specialist $1,292.61 $1,292.61
$20,368.67
Subtotal, Labor and Subcontractors
$285,217.95
Permit Review Fees $0
Other Direct Costs (prints, photocopies, postage, etc.)
(Not applicable to lump sum Work Orders)
$0
Grand Total $285,217.95
LAKEVIEW RD
TURNER ST DUKE ENERGY TRAILDRUID RD
GULF-TO-BAY BLVD
US-19 NCOURT ST S KEENE RDS HIGHLAND AVERAINBOW DR
S BELCHER RDS LAKE DRS ARCTURAS AVES HERCULES AVES COMET AVEEDENVILLE AVES GLENWOOD AVEBYPASS DRS DUNCAN AVES EVERGREEN AVES HILLCREST AVES HILLCREST AVELOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM PD N.T.S.296-299 xx-xx-xx08/15/2017Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
DRUID TRAIL
Document Path: V:\GIS\_Staff\Chris\Projects\City\TRAFFIC CUSTOM MAPS\Druid Trail bw.mxd
C R E S T L A K E
P A R K
G L E N N O A K S
P A R K
LEGENDDruid TrailExisting Trail SystemUnincorporated Pinellas County
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4163
Agenda Date: 12/21/2017 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Human Resources
Agenda Number: 8.3
SUBJECT/RECOMMENDATION:
Authorize agreements for Employment Related Health Care Services with BayCare Urgent
Care, LLC, and Life Extension Clinics, Inc., in the annual amounts of $25,000 and $175,000
respectively, including two annual renewal terms, and authorize the appropriate officials to
execute same.
SUMMARY:
On August 1, 2017, Request for Proposals #30-17, Employment Related Health Care Services
was issued. Three responses were received and evaluated by Human Resources Department
staff. BayCare was selected to provide pre-employment physicals, Department of
Transportation (DOT) random, DOT post accident, and citywide reasonable suspicion drug
and alcohol testing, for employees exclusive of public safety personnel.
The services to be provided by Life Extension Clinics (LifeScan) include pre-employment and
annual physicals for Police and Fire & Rescue personnel. Both departments have utilized
LifeScan for several years due to the comprehensive diagnostic testing provided. The
Fraternal Order of Police’s (FOP) negotiated agreement includes the requirement for
LifeScan’s services for officers and supervisors. LifeScan’s physicals include a performance
based fitness evaluation that is evaluated against prior years’ results. The ultrasound
component of LifeScan’s physical has been credited with identifying significant conditions that
were able to be addressed early and possibly prevented permanent health conditions.
This authorization includes two one-year renewals for the BayCare and LifeScan agreements.
APPROPRIATION CODE AND AMOUNT:
FY2018 Funding for $200,000 is available through appropriation codes:
0646-07410-521500-585-000-0000 Pre-Employment Physicals and Drug Testing
0590-09831-530100-519-000-0000 Citywide Drug Testing - Random, Reasonable Suspicion,
Post Accident
0010-01156-521500-521-000-0000 Police Annual Physicals
0010-01220-521500-522-000-0000 Fire & Rescue Pre-Employment Physicals and Annual
Physicals
0010-01252-521500-526-000-0000 Fire & Rescue
Page 1 City of Clearwater Printed on 12/20/2017
File Number: ID#17-4163
Page 2 City of Clearwater Printed on 12/20/2017
BayCare Urgent Care, LLC
EMPLOYMENT HEALTH SERVICES AGREEMENT
THIS AGREEMENT, effective the 1st day of January, 2018, by and between BayCare Urgent Care, LLC (referred to as “BayCare” or “Provider”) and City of Clearwater (referred to as “City” or “Client”), is the result of
Request for Proposals #30-17, Employment Related Healthcare Services and is as follows:
1. Scope of Services. Provider shall perform the services set forth in RFP #30-17 for Employment Related Healthcare Services, and Client shall pay the Provider in accordance with the fees set forth in Attachment A,
which is attached hereto and incorporated herein by this reference.
2. Term. This Agreement shall be for a term one (1) year commencing the 1st day of January, 2018, and shall renew for two (2) additional one (1) year terms in accordance with RFP #30-17 Milestones.
3. Changes. Any changes to this Agreement shall be made by mutual written consent of both Parties.
4. Compensation. Client shall pay each respective invoice in accordance with the Florida Prompt Payment Act,
F.S. Secs. 225.0705-225.078.
5. Termination. This Agreement may be terminated in accordance with RFP #30-17, Terms and Conditions.
6. Insurance and Indemnification. Provider shall maintain, at its sole cost and expense, professional liability insurance with an insurer satisfactory to Client, per the requirements set forth in RFP #30-17, Insurance
Requirements. The Provider shall indemnify, defend and save Client harmless from and against any and all losses, claims, damages, liabilities and expenses (including, without limitation, reasonable attorney’s fees)
based upon, arising out of attributable to any acts or omissions arising from the Provider’s performance hereunder.
7. Licensure/Compliance. Provider warrants and represents that it is licensed to perform the services provided
under this Agreement and shall maintain all such licenses for the duration of the Agreement. In addition, each Provider represents that the services provided hereunder are in compliance with any and all applicable federal
and state statutes, laws and/or regulations.
8. Assignment. This Agreement shall not be assigned by Provider without the prior written consent of Client.
9. Governing Law. This Agreement shall be governed by and construed in accordance with laws of Florida.
10. Independent Contractors. For all purposes hereunder, the relationship between Client and Provider is solely that of independent contractors and this Agreement does not create a partnership, joint venture or other
association between any of the Providers and Client. The employees and agents of Provider shall be considered to be under exclusive management and control of Provider.
11. Notices. Any and all notices sent pursuant to this Agreement shall be given in writing via certified mail or
overnight courier and shall be delivered to the following addresses:
To Provider: BayCare Urgent Care, LLC To Client: City of Clearwater 711 S. Belcher Road Municipal Services Building Clearwater, FL 33764 PO Box 4748 Attn: Nathan Keith Waldrep Clearwater FL 33758 Director, Physician Services Attn: Michelle Kutch
12. HIPAA Requirements. The parties agree to comply with the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. §1320d (“HIPAA”) and any current and future regulations promulgated
thereunder including without limitation the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the “Federal Privacy Regulations”), the federal security standards contained in 45 C.F.R. Part 142 (the “Federal
Security Regulations”), and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162, all collectively referred to herein as “HIPAA Requirements.” The parties agree not to use or further
disclose any Protected Health Information (as defined in 45 C.F.R. §164.501) or Individually Identifiable Health Information (as defined in 42 U.S.C. §1320d), other than as permitted by HIPAA Requirements and the
Page 3 of 3
Attachment A
Cost Sheet
This attachment when executed by Provider and Client, shall become part of the agreement between the parties as of the Effective Date of the Agreement, and shall remain in Full Force and Effect as long as the Agreement is in Force. PRE-EMPLOYMENT PHYSICAL – Group A COST: $80.00 Physical Examination, Medical History Form, Vision Test, Audiogram PRE-EMPLOYMENT PHYSICAL – Group B COST: $115.00 Physical Examination, Medical History Form, Vision, Audiogram, DOT Drug Test
PRE-EMPLOYMENT PHYSICAL – Group C COST: $35.00 Rapid Drug Screen Only PRE-EMPLOYMENT PHYSICAL – Group D COST: $30.00 Back Screen Only (50 lbs.)
PRE-EMPLOYMENT PHYSICAL – Group E COST: $140.00 Medical History Form, Vision Test, Audiogram, Back screen (25 lbs), Rapid 5 Panel Drug Test
PRE-EMPLOYMENT PHYSICAL – GROUP F COST: $80.00 Vision – Distance (As indicated on job requirement profile), Audiogram, Rapid 5 Panel Drug Test
PRE-EMPLOYMENT PHYSICAL – GROUP G COST: $55.00 Spirometry, Rapid 5 Panel Drug test
PRE-EMPLOYMENT PHYSICAL – GROUP H COST: $135.00 Physical Examination, Medical History Form, Vision Test, Audiogram, Spirometry, 5 Panel Drug Test
PRE-EMPLOYMENT PHYSICAL – GROUP I COST: $80.00 Physical Examination, Medical History Form, Vision Test (Far, Gross, Color, Peripheral),
PCLB Form (Pinellas County Lic. Board Form)
PRE-EMPLOYMENT PHYSICAL – GROUP J COST: $55.00 Spirometry, 5 Panel Drug Test
PRE-EMPLOYMENT PHYSICAL – GROUP K COST: $115.00 Physical Examination, Medical History Form, Vision Test, Audiogram, 5 Panel Drug Test
PRE-EMPLOYMENT PHYSICAL – GROUP L COST: $115.00 Physical Examination, Medical History Form, Vision Test – Distance (As indicated on job requirement
Profile), Audiogram, 5 Panel Drug Test
Respiratory Fit Test COST: $ 25.00
Drug and Alcohol Testing Only Services NON DOT/PHMSA-Safety Sensitive Reasonable Suspicion 5 panel instant or lab based COST: $35.00 Reasonable Suspicion Breath Alcohol COST: $35.00
DOT/PHMSA-Safety Sensitive DOT Random 5 panel or DOT Pre-Employment 5 Panel COST: $35.00 Post Accident 5 panel instant or lab based COST: $35.00
Reasonable Suspicion 5 panel instant or lab based COST: $35.00 Breath Alcohol/Breath Alcohol Confirmation COST: $30/$30
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4078
Agenda Date: 12/21/2017 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Marine & Aviation
Agenda Number: 8.4
SUBJECT/RECOMMENDATION:
Approve a Land Lease Agreement at the Clearwater Airpark between the City of Clearwater and
the Civil Air Patrol, from January 1, 2018 through December 31, 2022, and authorize the
appropriate officials to execute same.
SUMMARY:
Approve a 5-year Lease Agreement between the City of Clearwater and the Civil Air Patrol
beginning January 1, 2018 and ending December 31, 2022. The Civil Air Patrol has enjoyed a
long history of operating out of the Clearwater Airpark, and is a Congressionally chartered
auxiliary of the United States Air Force.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 12/20/2017
Civil Air Patrol Land Lease Agreement Page 1
Land Lease Agreement
THIS LAND LEASE AGREEMENT is entered into this ___ day of _______ 2017,
by and between the City of Clearwater, a municipal corporation, hereinafter referred to
as “Lessor,” and the Civil Air Patrol by and through the Florida Wing, a Congressionally chartered corporation and auxiliary of the United States Air Force, located at 1000 N. Hercules Ave., Clearwater, Florida 33765, herein referred to as “Lessee” or “Tenant.”
The parties hereby agree as follows:
That in consideration of One Dollar ($1.00) and other good and valuable considerations to it in hand paid, the receipt whereof is hereby acknowledged, and in
further consideration of the covenants herein contained on the part of the Lessee to be
kept and performed, the Lessor does hereby lease property as described in “Exhibit A”
at the Clearwater Airpark located at 1000 N. Hercules Ave., Clearwater, Florida 33765.
1. The term of this lease shall be for five (5) years beginning January 1, 2018 and
ending December 31, 2022. The Lessor retains the right to terminate this lease for
any municipal purpose consistent with the Lessor’s charter; additionally, Lessor
may terminate this lease if the State of Florida or any of its agencies or political
subdivisions thereof acquires the demised property or any portion thereof for a public purpose.
Should construction on the Fixed Base Operator (FBO) building or leasehold be
necessary during the term of this agreement, the Civil Air Patrol may be required
to remove personal property, buildings, fixtures, etc., at the Lessor’s sole discretion, from the airpark premises to accommodate such construction. Desk
space and use of meeting rooms may be provided, where possible, in the FBO
building, and such FBO space use must be detailed in a separate agreement.
2. It is understood and agreed that the leased premises are to be used as a training
facility for senior members and teenage cadets in ground crew operations and communications systems. The squadron will be “on call” to assist in times of
emergency and to aid in search and rescue missions as approved and assigned by
the U.S. Air Force. It is further understood and agreed that the leased premises
shall be used only for public purposes and that in no event shall the Lessee permit
the premises or any portion to be used for a purely private or individual purpose. It is likewise understood and agreed that all alteration and installation expenses
incident to the above shall be borne by the Lessee, and that any significant
alteration of the demised premises shall require prior written approval of the
Lessor.
3. It is understood and agreed between the parties that the Lessee shall not make any assignment, sublease, sale or other transfer of this lease, without Lessor’s
consent.
4. In the event that the City Council of said Lessor should at any time during the
existence of this lease decide that said premises or any part thereof is needed for
Civil Air Patrol Land Lease Agreement Page 2
any municipal purpose, the lease shall cease and terminate after thirty (30) days written notice to the Lessee.
5. It is further provided that if at any time in the future, improvements or additions of a
permanent or lasting nature are made to said premises, and at the time of the
making of said additions and improvements, the Lessor’s City Manager is notified in writing of the cost and nature of same, and his prior written approval is obtained, then and in that event, and upon cancellation of this lease in the manner set forth in
paragraph 4 of this lease, the Lessor may, at Lessor’s sole discretion, pay the
Lessee the cost of such additions and improvements, less depreciation.
6. The said Lessee covenants and agrees to make no unlawful, improper or offensive use of said demised premises nor to permit its use in any way to become a nuisance to other users of the property in its area.
7. The Lessee may place appropriate signs on the demised property as long as said
signs conform to the ordinances of the City of Clearwater, Florida, presently in
force or passed during the term thereof regarding signs; provided, however, that no
sign other than the signs as aforesaid shall be painted, erected, constructed or maintained by the Lessee and provided further that the Lessee shall upon the
expiration of the term hereof completely remove any signs as might be permitted
during the term hereof.
8. The Lessee will be responsible for all maintenance costs, taxes, and utilities, such
as, but not limited to, electric, water, telephone service and grounds upkeep relating exclusively to the use and possession of its leasehold.
a. Lessee shall properly maintain the Leased Premises in a clean and
orderly condition.
b. If any ad valorem taxes, intangible property taxes, personal property
taxes, or other liens or taxes of any kind are assessed or levied lawfully on the Leased Property, based on the Lessee’s use of the Leased Property
during the term of this lease, the Lessee agrees to pay all such taxes,
assessments or liens, within thirty (30) days after receiving written notice
from the Lessor. In the event the Lessee fails to pay all such taxes
assessed or levied on the Property within thirty (30) days after receiving written notice, the Lessor may, at its sole option, pay such taxes, liens, or
assessments, which Lessee shall immediately reimburse Lessor together
with any interest, calculated at the maximum rate allowed by law, and any
administrative costs incurred by the Lessor. Failure of the Lessee to pay
any taxes or assessments pursuant to this subparagraph will constitute a material default of this Lease.
9. It is further agreed between the parties hereto that in the event said Lessee should
breach any of the covenants herein contained or should the demised premises
cease to be used by the Lessee for the purposes herein set forth for a period of
thirty (30) days at any time after the inception of this lease, then said Lessee shall become a tenant at sufferance and the said Lessor shall have the right, privilege
Civil Air Patrol Land Lease Agreement Page 3
and option after notice in writing to said Lessee of the breach of said covenants or agreements, to declare this lease terminated.
10. To the extent permitted under federal law, the Lessee’s assumes full responsibility
for and covenants and agrees to indemnify and hold harmless the Lessor, its
agents and employees, from and against any and all actions, claims, losses or expenses (including attorney’s costs) for any damages because of bodily injury, personal injury or property damage, including loss of use thereof, resulting from the
Lessee’s negligent conduct in the use or occupancy of the demised premises.
Nothing contained herein shall be construed as a waiver of any immunity from or
limitation of liability the Lessor may be entitled to under the doctrine of sovereign immunity or section 768.28, Florida Statutes.
11. Lessee understands that this Lease is only for land; any buildings, improvements,
fixtures, or personal property placed or moved in the premises shall be at the risk
of the Lessee or owner thereof. The Lessor shall not be responsible or liable to the
Lessee for any loss or damage that may be occasioned by or through the acts or
omissions of persons occupying adjoining premises or damage to any part of the property occupying the premises unless the same is due to the negligence of the
Lessor, its agents, servants or employees.
12. The Lessor, or any of its agents, shall have the right to enter said premises during
all reasonable hours, to examine the same to make such repairs, additions or
alterations as may be deemed necessary for the safety, comfort, or preservation thereof, or the leasehold. The right of entry shall likewise exist for the purpose of
correcting or removing any violations of local ordinance and state/federal laws.
13. Lessee hereby accepts the premises in the condition it is in at the beginning of this
lease and agrees to maintain said premises in the same condition, order and repair
as it is at the commencement of said term, and to return the premises to its original condition at the expiration of the term, excepting only reasonable wear and tear
arising from the use thereof under this agreement, or Improvements that remain
upon Lessor’s acquiescence. The Lessee agrees to repair, immediately upon
Lessor’s demand, any damage to said premises that is caused by any act or
neglect of Lessee or of any person or persons in the employ or under the control of the Lessee.
14. The Lessee herewith covenants and agrees that no hazardous materials,
hazardous waste, or other hazardous substances will be used, handled, stored or
otherwise placed upon the property or, in the alternative, that such materials,
wastes or substances may be located on the property, only upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with any
and all applicable state and federal laws and ordinances. In the event such
materials are utilized, handled, stored or otherwise placed upon the property,
Lessee expressly herewith agrees to indemnify and hold Lessor harmless from any
and all costs incurred by Lessor or damages as may be assessed against Lessor in connection with or otherwise relating to said hazardous materials, wastes or
substances at anytime, without regard to the term of this lease. This provision shall
specifically survive the termination hereof.
15. Lessee shall have the right to only park vehicles on the Leased Premises, Exhibit
A. Lessee is not permitted to use the parking space that is not within its leasehold.
16. This lease shall be binding upon the parties hereto, their successors,
administrators, assigns, and subtenants. The Lessee agrees to comply with the
insurance requirements shown in Exhibit B
17. This agreement shall be governed by the laws of the State of Florida, except for
those matters governed by and under the jurisdiction of federal law, and all
signatories consent to the exclusive jurisdiction of the state courts and U.S. federal
courts located in Pinellas or Hillsborough Counties, where applicable, for any
dispute arising out of this Agreement. If any a dispute arises between the Parties
concerning the meaning of any provisions of this Agreement, and an action is filed,.
each respective party shall be responsible for their own attorneys' fees.
IN WITNESS WHEREOF, the parties hereto have executed this Consent as of the day
and year first written above.
Lessor:
George N. Cretekos
Mayor
Approved as to form:
Camilo Soto
Assistant City Attorney
ssee/Tenant: CIVIL AIR PATROL
"' a _2 cJ,Ji;-
vii Air Patrol Representative
~ma.nder
John A. Salvador, Chief Operating Officer
Civil Air Patrol Land Lease Agreement
CITY OF CLEARWATER, FLORIDA
By:
Attest:
William B. Horne, 11
City Manager
Rosemarie Call
City Clerk
Page4
Civil Air Patrol Land Lease Agreement Page 5
Civil Air Patrol Land Lease Agreement Page 6
Exhibit "B"
INSURANCE REQUIREMENTS
1. Lessee shall maintain:
a. Comprehensive General Liability insurance on an occurrence basis in an
amount not less than $1,000,000 combined single limit Bodily Injury Liability and Property Damage Liability.
b. Workers’ Compensation Insurance applicable to its employees, if any, for
statutory coverage limits in compliance with Florida laws, including
Employers’ Liability, which meets all state and federal laws.
2. Additional Insurance. The City is to be specifically included as an additional insured
on all liability coverage described above.
3. Notice of Cancellation or Restriction - All policies of insurance must be endorsed to
provide the City with thirty days notice of cancellation or restriction.
4. Certified Copies of Policies/Certificate of Insurance. Upon specific written request of
the City, the Lessee shall provide the Lessor with certified copies of all policies of
insurance as required above. In the absence of a specific written request, the Lessee shall provide the Lessor with Certificates of Insurance showing the Lessee has, at all
times, the insurance coverage required by the Lease. Unless notice is given to Lessee
otherwise, such Certificates of Insurance shall be provided to the Marine & Aviation
Director. The first Certificate of Insurance required by the lease shall be provided to the
Marine & Aviation Director before occupancy of the demised premises by the Lessee.
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4171
Agenda Date: 12/21/2017 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Solid Waste/General Services
Agenda Number: 8.5
SUBJECT/RECOMMENDATION:
Approve a purchase order to AshBritt, Inc. of Deerfield Beach, FL, for an amount not to exceed
$1,000,000, for disaster debris removal and disposal services provided during the aftermath of
Hurricane Irma and authorize the appropriate officials to execute same.
SUMMARY:
The Solid Waste Department wishes to establish a purchase order not to exceed $1,000,000 to
pay for the services provided by AshBritt. As of December 11, 2017, the total amount billed to
the City by AshBritt is approximately $260,000. Staff anticipates that the not to exceed amount
requested will be sufficient to pay for all subsequent invoices provided to the City by AshBritt.
APPROPRIATION CODE AND AMOUNT:
All hurricane-related expenditures are being captured as part of a special project entitled
Hurricane Irma. At first quarter, revenues will be transferred from special program 181-99927,
Emergency Operations to special program 181-98610, Hurricane Irma to cover expenditures to
date. Future transfers of funding will be provided by quarterly budget amendments as they are
required.
·0-181-98610-530300-525-000-0000 (Other Contractual Services)
Page 1 City of Clearwater Printed on 12/20/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4128
Agenda Date: 12/21/2017 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 8.6
SUBJECT/RECOMMENDATION:
Approve a Joint Use Interlocal Agreement (JUA) between the City of Clearwater (City) and the
City of Safety Harbor (Safety Harbor) for the purpose of allowing Safety Harbor youth to use city
sports facilities and participate in youth athletic programs in the City; and authorize the
appropriate officials to execute same.
SUMMARY:
Safety Harbor residents have been a part of Clearwater youth programs, Countryside Junior
Cougars, Inc. (CJC), Chargers Soccer Club, Inc. (CSC) and Clearwater Youth Lacrosse, Inc.
(CYL), for many years. This is due in part to the fact that Clearwater and Safety Harbor share
city boundaries and that the City has sports facilities that are in close proximity for Safety
Harbor residents to use.
In order for residents of Safety Harbor to participate in these youth programs they not only had
to pay the program fees but also a non-resident fee, which annually range from $120 to $180
per youth. Currently 100 youths from Safety Harbor are involved in CJC, 100 in CSC and 3 in
CYL.
The City is in the process of phasing renovations of the Countryside Sports Complex. Safety
Harbor has agreed to contribute $350,000 payable in seven annual installments of $50,000 per
year to help support the capital improvement project. Safety Harbor residents would be able to
participate in CJC, CSC and CYL programs for 30 years and be treated in the same manner
and at the same rates charged to Clearwater residents.
Clearwater would continue to maintain the facilities used by CJC, CSC and CYL as well as
provide the supervision of these programs.
If for some reason Clearwater does not commence the construction of the new facilities within
two years, Safety Harbor may terminate the agreement and be refunded any contributions
made; if not completed within five years, they may terminate the agreement and be refunded a
reduced portion of contributions made.
Phase I of the construction project (building construction) is scheduled to commence early in
2018 to be completed by the summer of 2018.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 12/20/2017
File Number: ID#17-4128
Page 2 City of Clearwater Printed on 12/20/2017
504030201040302010504030201040301050403020104030201050403020104030105040302010403020105040302010403010XX℄PROPOSED BUILDING5040302010403020105040302010403010PRESSBOX, CONCESSION & RESTROOMSTOTAL OF 5,215 SF - 1,593 SF (1ST) 3,622 SF (2ND)XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXCOUNTRYSIDE SPORTSPLEX3060 N. McMULLEN BOOTH RD.CLEARWATER, FL 33761CALL 811565 SOUTH HERCULES AVENUE, CLEARWATER, FL 33764ph 727.822.4151 fax 727.821.7255WWW.DEUELENGINEERING.COMCERTIFICATE OF AUTHORIZATION # 26320 LICENSED BUSINESS # 107D euel ssociatesA&CONSULTING ENGINEERS LAND SURVEYORS LAND PLANNERS
Present Value Calculation:
Interest rate assumption:2%3%
Gen Fund loss of $30K annually for 30 yrs ($671,893.67)($588,013.24)
(200 youth @ $150 = $30K annually)
Safety Harbor $50K for 7 years $323,599.55 $311,514.15
Net ($348,294.11)($276,499.09)
Proposed Safety Harbor Agreement
30 year Treasury currently 2.77%
5 year Treasury currently 2.06%
Countryside Rec Safety Harbor agreement.xlsx11-30-17
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4160
Agenda Date: 12/21/2017 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 8.7
SUBJECT/RECOMMENDATION:
Approve a Vehicle Use Agreement between the School Board of Pinellas County, Florida and
the City of Clearwater through August 23, 2018 for the City to utilize Pinellas County School
buses at a cost of $1.50 per mile, plus $29.00 per hour, for a total estimated cost of $35,000
and authorize the appropriate officials to execute same.
SUMMARY:
The Parks and Recreation Department organizes field trips requiring bus transportation for
participants.
The Pinellas County School System allows municipalities to utilize their fleet of buses and
drivers for $1.50 per mile plus $29.00 per hour for driver with a five-hour booking minimum.
During the summer of 2018, the department will organize approximately 150 field trips that may
utilize school bus transportation.
Comparing a sampling cost of school buses for these trips against the use of private bus lines
indicates school buses are generally a less costly mode of transportation. During the past year
the City utilized school buses for field trips at a cost of approximately $25,000.
Approval of this Agreement will provide staff with a larger number of options when determining
the most cost effective source of transportation for participants.
The Agreement is similar to Agreements between the Pinellas County School Board and other
Pinellas County municipalities that utilize school bus transportation.
This item supports the City's Strategic Plan by partnering with other public organizations to be
more efficient in providing services and programs to the youth of our community.
APPROPRIATION CODE AND AMOUNT:
The Recreation Programming Division’s Operating Budget contains sufficient funds to cover
the costs associated with this Agreement.
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 12/20/2017
VEHICLE USE AGREEMENT THIS AGREEMENT, entered into this ______ day of __________, ____ by and between THE SCHOOL
BOARD OF PINELLAS COUNTY, FLORIDA, hereinafter referred to as the “School Board,” and the
__________________________________, a municipal corporation, hereinafter referred to as “User”. The parties agree as follows:
1. The School Board will provide shuttle bus transportation to User for the contract period ending August 23, 2018, for the purpose of transporting school-age children, with chaperones, who participate in User’s sponsored programs. User shall make all requests for specific uses during the contract period to the School Board’s Transportation Department, who will determine whether buses are available pursuant to paragraph 3 below. 2. Transportation is for the sole purpose of transporting school-age children, with chaperones, who participate in User’s sponsored programs to and from locations in Pinellas and adjacent counties. 3. The bus or buses will be operated by an employee of the School Board, who is licensed to drive a school bus, and shall be assigned by the Director of Transportation or designee. Buses may be used under this agreement only if they are available at the times requested, and such use shall not interfere with or impair regular school transportation. The
School Board’s Transportation Department shall be the final authority as to the availability of buses. 4. (A) User shall pay to the School Board, for the use of said school bus service that begins weekdays before 4:00
p.m., a sum per bus of the current rate per hour to include 15 minutes before and 15 minutes after the use, plus the surcharge rate per mile. There shall be a minimum charge of two hours. The current rate per hour and surcharge rate per mile will be that rate used by the School Board, in its sole discretion, as of the date of the bus usage. User
may investigate the current rates by either contacting the School Board’s Transportation Department or visiting http://webtrips.pinellas.k12.fl.us//webtrips// .
(B) If requests extend to service that begins weekdays after 4:00 p.m., weekends and any non-school day, User
shall pay a sum per bus of the current rate per hour to include 30 minutes before and 30 minutes after the use, plus the surcharge rate per mile. There shall be a minimum charge of four hours. The current rate per hour and surcharge rate per mile will be that rate used by the School Board, in its sole discretion, as of the date of the bus usage. User may investigate the current rates by either contacting the School Board’s Transportation Department
or visiting http://webtrips.pinellas.k12.fl.us//webtrips//.
(C) “Weekend” is defined as a Saturdays and Sundays. “Weekend” shall also include Fridays during the time that the School Board is on its summer calendar schedule. “Weekday” is defined as all days not meeting the definition of “Weekend”. “Non-school day” is defined as a weekday when students are not scheduled to attend classes.
5. This agreement is made pursuant to section 1006.261, Florida Statutes, and the parties agree that they will comply with the provisions therewith. The User will provide a certificate of the required liability insurance showing the
School Board of Pinellas County, Florida as an additional insured or a certificate of self-insurance to the School
Board prior to the time of any transportation under this Agreement. IN WITNESS WHEREOF, the parties have executed this agreement at Largo, Pinellas County, Florida, the date first above written.
THE SCHOOL BOARD OF Organization
PINELLAS COUNTY, FLORIDA By: ____________________________________ _____________________________________ Chairperson Organization Name
Attest: __________________________________ _____________________________________ Superintendent Print Name and Title
Approved as to form: _________________________ __________________________________ School Board Attorney’s Office Signature
Bus Use Agreement - Municipalities
Countersigned: CITY OF CLEARWATER, FLORIDA
__________________________ By: _________________________
George N. Cretekos William B. Horne, II Mayor City Manager
Approved as to form: Attest:
__________________________ _____________________________
Laura Mahony Rosemarie Call
Assistant City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4161
Agenda Date: 12/21/2017 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 8.8
SUBJECT/RECOMMENDATION:
Approve an agreement between Tivity Health Services, LLC (Tivity) and the City of Clearwater
(City), allowing the City to continue to provide wellness services and benefits for eligible
Medicare Members who are part of the SilverSneakers Program and Prime Members eligible
through employer sponsored programs and authorize the appropriate officials to execute same.
SUMMARY:
The City entered into a contractual agreement with Healthways, Inc. on March 3, 2011 which
designated five city recreation centers as Healthways’ SilverSneakers and Prime sites. In
2017, Healthways has changed its name to operate as Tivity Health Services, LLC.
Tivity has established a network of sponsoring organizations throughout the country to provide
fitness services, to benefit Medicare participants through their SilverSneakers program and the
Prime Program for employer sponsored beneficiaries whereby their members receive a basic
fitness membership and access to Tivity Health Signature classes at approved provider sites at
no cost.
The nation’s leading community fitness program specifically designed for older adults,
SilverSneakers promotes greater health engagement and accountability by providing members
with regular exercise (strength training, aerobics, flexibility) and social opportunities at more
than 14,000 locations nationwide-all at no cost to them.
The City’s obligation will be to provide facilities for eligible members through the SilverSneakers
program or the Prime Program to engage in the various approved Silver Sneakers program and
activity. For every visit made to an approved program, which ranges from simply working out
in the fitness room, pool, or tennis court to organized exercise classes, the City will be
reimbursed or subsidized at a rate of $3.25 per activity per visit not to exceed $32.50 per month
per participant.
This program has been a great success and as of the November 2017, the City has 4,140
members enrolled at the City’s recreation sites, and generated $130,852.00 in Fiscal Year 2017
in subsidized reimbursements.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 12/20/2017
File Number: ID#17-4161
Page 2 City of Clearwater Printed on 12/20/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4167
Agenda Date: 12/21/2017 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 8.9
SUBJECT/RECOMMENDATION:
Approve a Sports Facility Use Agreement with the DC Soccer, LLC, to provide preseason
training in Clearwater at the Walter C. Campbell Facility, from January 25, 2018 through
December 31, 2018, and authorize the appropriate officials to execute same.
SUMMARY:
The DC Soccer, LLC dba "DC United” (Team) is one of only 22 franchises that make up Major
League Soccer (MLS). They have held successful preseason workouts in Clearwater at the
Countryside Sports Complex the past two seasons.
Due in part to the success with the Philadelphia Union spring training experience in Clearwater,
the Team approached the City two years ago about the possibility of making Clearwater the
home of their preseason training as well.
MLS is continuing to grow in popularity and in 2017 attendance was at an all time high in
excess of 8.2 million. Soccer fan base continues to grow at a pace higher than all other major
sports.
Over the past three years, the Tampa Bay area has been attracting more attention from MLS
teams as a location for preseason training and several more are looking to relocate to the
Tampa Bay area.
Having both the Philadelphia Union and Team in Clearwater at the same time for preseason
training adds to the synergy between what these two MLS teams can provide for visiting fans
as well as local residents.
The City will provide soccer fields maintained at MLS professional standards, as well as goals,
lining of fields, and ancillary facilities including office, meeting room and restrooms.
The Team will promote the City of Clearwater and their preseason training site through
numerous print and media outlets in and around the Washington DC area. The Team is in
negotiations with the Conventions and Visitors Bureau (CVB) for support of up to $100,000 in
promotion for the Team.
This agreement is for eleven months with an option to renew for two additional one year
periods.
APPROPRIATION CODE AND AMOUNT: N/A
Page 1 City of Clearwater Printed on 12/20/2017
File Number: ID#17-4167
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 12/20/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4168
Agenda Date: 12/21/2017 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 8.10
SUBJECT/RECOMMENDATION:
Approve a Sports Facility Use Agreement with the Pennsylvania Professional Soccer LLC to
provide preseason training in Clearwater at the Joe DiMaggio Sports Complex, from February
1, 2018 through April 1, 2020, and authorize the appropriate officials to execute same.
SUMMARY:
The Pennsylvania Professional Soccer LLC dba "Philadelphia Union" (Team) is one of only 22
franchises that make up Major League Soccer (MLS). They have held successful preseason
workouts in Clearwater at the Joe DiMaggio Sports Complex for the past three seasons.
MLS is continuing to grow in popularity and in 2017 attendance was at an all time high in
excess of 8.2 million. Soccer fan base continues to grow at a pace higher than all other major
sports.
Over the past three years the Team has established themselves in the community and brought
several of their fans to Clearwater for preseason training.
Having both the Philadelphia Phillies Baseball Club and Team in Clearwater at the same time
for spring training adds to the synergy between the two Philadelphia sports franchises since the
Team also has a preseason following of fans as well.
The City will provide two regulation sized soccer fields maintained at MLS professional
standards, as well as goals, lining of fields, and ancillary facilities including office, meeting room
and restrooms.
The Team will continue to promote the City of Clearwater and their preseason training site
through numerous print and media outlets in and around the Delaware Valley area. In the past
the Conventions and Visitors Bureau (CVB) has donated up to $100,000 in promotion for the
Team.
This agreement is for two years with an option to renew for two additional three-year periods.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 12/20/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4170
Agenda Date: 12/21/2017 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 8.11
SUBJECT/RECOMMENDATION:
Approve an Exclusive Non-Alcoholic Beverage Agreement between the City of Clearwater (City)
and Coca-Cola Refreshments USA, Inc. (Coca-Cola), from November 8, 2017 through
September 30, 2022, to provide full service beverage vending machines and products to city
facilities and city events; approve a blanket purchase order to Coca-Cola for $150,000 per year
for each year of this agreement and authorize the appropriate officials to execute same.
SUMMARY:
On September 9, 2011, the City Council approved an agreement with Coca-Cola to provide
services to the City to be the exclusive non-alcoholic beverage vendor for a five-year period to
begin June 1, 2012 and ending May 31, 2017. Coca-Cola agreed to continue the services on a
month by month basis until a new Request for Proposals (RFP) and agreement could be
issued.
On March 31, 2017, the City issued RFP 21-17, soliciting potential vendors to become the
non-alcoholic beverage vendor for the City. The City received two proposals: Pepsi
Beverages Company and Coca-Cola Refreshments USA, Inc. The proposals were evaluated
based on successful experience, longevity of provision of services, a price schedule for
discounted products, a proposed Licensing Payment, and proven financial stability.
Based on the evaluations, the Selection Committee recommends Coca-Cola to continue to be
the city supplier of non-alcoholic beverages for the next five years from November 8, 2017
through September 30, 2022 to provide full service vending machines, a discounted price
schedule for City and Concessionaire purchases and a Licensing Payment of $92,500 to be
paid in five annual payments of $18,500. In addition, Coca-Cola, through a Monster Energy
Drink Fund, will contribute an additional $25,000 to be paid in five annual payments of $5,000.
The total amount paid to the City will be $117,500 for the entire term ($23,500 per year).
The scope of services will be to provide full service vending machine services for the sale of
permitted beverage products at designated City facilities as well as provide products used at
City concessions and City events.
This agreement is for five years, with an option to renew for one five-year period.
APPROPRIATION CODE AND AMOUNT:
Funding for the blanket purchase order will come from a variety of general fund cost centers
but primarily from Special Events (010-01804).
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 12/20/2017
File Number: ID#17-4170
Page 2 City of Clearwater Printed on 12/20/2017
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NON-ALCOHOLIC BEVERAGE AGREEMENT
This Agreement (“Agreement”) is made and entered into this 8th day of November, 2017 (“Effective Date”), by and between the City of Clearwater, Florida, a municipal corporation of the state of Florida, whose
address is 112 S. Osceola Avenue, Clearwater, Florida 33756 (“City”) and Coca-Cola Beverages Florida, LLC, a Delaware limited liability company, whose address is 10117 Princess Palm Avenue, Suite 400,
Tampa, FL 33610 (“Vendor” or “Bottler”) (each individually referred to herein as “Party” or collectively as the “Parties”).
RECITALS
WHEREAS, the City currently operates and maintains 1,708 acres of parks and recreation areas, as
well as other City-owned facilities such as libraries, police, and fire stations within City boundaries (“City Facilities”); and
WHEREAS, the City wishes to provide quality amenities to its citizens in the course of their utilizing City
Facilities; and
WHEREAS, the City has issued a request for proposals (“RFP 21-17”) to identify a qualified beverage vendor to provide full service beverage vending machines and products within City Facilities as it deems
appropriate; and
WHEREAS, Vendor successfully responded to the RFP 21-17 and wishes to provide its products and services to City Facilities and the citizens of Clearwater.
NOW THEREFORE, in consideration of the mutual covenants set forth herein, and other good and
valuable consideration, the receipt of which are hereby acknowledged, the Parties agree as follows:
1.0 DEFINITIONS
1.1 Beverage(s): Beverage or Beverages shall mean all nonalcoholic beverages (i.e., anything consumed by drinking), whether or not such beverages (i) contain nutritive, food or dairy ingredients, or (ii)
are in a frozen form. This definition applies without regard to the beverage's labeling or marketing. Powders, syrups, grounds (such as for coffee), herbs (such as for tea), concentrates, K-Cups® pods, and all other
beverage bases from which Beverages can be made, and brands and products of water purification and beverage making systems (e.g., Brita®, Soda Stream®, Keurig®) are deemed to be included in this
definition. “Beverage” or “Beverages” do not include fresh-brewed unbranded coffee and fresh-brewed unbranded tea products, unflavored dairy products, water drawn from the public water supply or unbranded
juice squeezed fresh at the Facilities. For the avoidance of doubt, “flavor enhancers,” “liquid water enhancers,” non-alcoholic beverages sold as “shots” or “supplements,” flavored milks, dairy drinks and
children’s juice drinks are considered Beverages.
1.2.1 City Events: City Events include: 1.2.2 Events hosted by the City of Clearwater, including but not limited to, events that take place at City Facilities, including recreation center rentals, conferences, meetings, and employee events.
1.2.3 Select concerts and festivals taking place at City Facilities, such as Clearwater Sea-Blues Festival,
Hispanic Heritage Concert, and Clearwater Celebrates America. 1.2.4 These examples represent typical produced events, but are subject to change. 1.2.5 Non-City events are not subject to this Agreement.
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1.3 City Facilities: City Facilities includes all property owned and operated by the City of Clearwater.
For purposes of this Agreement, City Facilities does not include properties owned by the City of Clearwater, but operated by third parties.
1.4 Concessionaires: Concessionaires are organizations and vendors that have permission to sell
Beverages utilizing City Facilities and/or city concession buildings. Concessionaires in 2017 include Blazin’ Ravenz Track Club, Clearwater Aquatic Team, Clearwater Basketball Club, Clearwater Bullets, Clearwater
Jr. Tornadoes, Clearwater Little League, Chargers Soccer Club, Clearwater Youth Lacrosse, Countryside Jr. Cougars, Countryside Little League, Greenwood Panthers, Clearwater Lady Bombers, and Kinney’s
Kitchen. At this time Concessionaires sell Beverages at Eddie C. Moore Softball Complex, Joe DiMaggio Sports Complex, Phillip Jones Field, Countryside Sports Complex, Countryside Community Park, and Sid
Lickton Fields. The City expressly reserves the right to add or delete Concessionaires.
1.5 Direct Purchase Product: Discounted product provided by the Vendor to the City and its Concessionaires for consumption or resale.
1.6 Permitted Beverage Products: Permitted Beverage Products are beverages that have approval
by the City of Clearwater, as may be amended from time to time upon mutual written agreement of the Parties, and that are purchased directly from Bottler or sold through vending machines owned and stocked
exclusively by Bottler. 1.7 Pricing and Rebate Schedule: The Pricing and Rebate Schedule, Exhibit A & Exhibit C, contains a list of proposed Permitted Beverage Products with corresponding prices and rebates that will apply to
direct purchases made by the City of Clearwater and its Concessionaires.
1.8 Licensing Payment: The Licensing Payment is the annual payment rendered to the City of Clearwater by the Vendor as set forth in Section 15 in return for the rights articulated in this Agreement. The
first payment will be made pursuant to Section 15 and the other payments will be due annually at the anniversary of the Effective Date.
1.9 Agreement Year: Shall mean each twelve-month period during the Term beginning with the first
day of the Term. 1.10 Competitive Products: means all Beverages which are not Permitted Beverage Products.
2.0 SCOPE OF CONTRACT
2.1 Services: Vendor shall provide full-service vending machines and related services for the sale of Permitted Beverage Products at designated City Facilities. Vendor’s services shall include, but not be limited
to, furnishing Permitted Beverage Product (as required), stocking vending machine equipment, collecting all revenue, servicing and maintaining equipment. Current vending machine locations are listed in Exhibit B.
Locations may be added, removed, or relocated if mutually agreed upon by the parties in writing.
2.2 Exclusive Availability Rights: Vendor shall have the exclusive right to make Beverages available for sale and distribution at the City Facilities and City Events and through full-service vending locations
(Exhibit B), and City agrees that Vendor’s Beverage products will be the exclusive Beverages sold, dispensed, served or sampled at all City Events and/or City Facilities City-owned properties that are operated
by third parties and are therefore not included in the definition of City Facilities for purposes of this Agreement shall not be subject to Vendor’s Exclusive Rights.
2.3 Excusive Sponsorship and Advertising Rights: Vendor will have the exclusive right to advertise the
Permitted Beverage Products as the “Official” or “Exclusive” Beverage, soft drink, sports drink, water, tea, energy drink and/or juice or juice drink, etc. of the City Facilities and the City Events. The City will not enter into
any agreement or relationship whereby any Competitive Products are associated in any manner with the City, the City Facilities, any of the City logos or trademarks, or the City Events in any advertising or promotional
activity of any kind. No permanent or temporary advertising, signage or trademark visibility for Competitive
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Products will be displayed or permitted anywhere at the City Facilities, during the City Events, or in advertising for the City Events. The City agrees that Vendor’s advertising will be positioned at all times in such a manner
that the advertising message is in no way obscured (electronically or otherwise) and is clearly visible to the general public and the media (if applicable). The Permitted Beverage Products will be prominently listed on any
menu boards located at the City Facilities, and all equipment dispensing Permitted Beverage Products will be prominently identified with the appropriate Product trademarks/logos. The City further agrees that all Permitted
Beverage Products will be dispensed in Vendor’s equipment and that no other trademarked equipment, coolers or containers will be permitted at the City Facilities and City Events.
2.4 Exception to Exclusivity: Provisions 2.2-2.3 do not apply to Permitted Beverage Products, or any
other products, that are purchased offsite from the City Facilities by employees of, and visitors to, the City Facilities, for personal consumption.
2.5 Direct Purchase Requirements: City agrees that when City or its Concessionaires serve, distribute
or sell Permitted Beverage Products at City Events and/or City Facilities, City and its Concessionaires shall purchase all requirements for Beverages directly from Vendor for the City Facilities and City Events. Such
purchases by Concessionaire will be made at prices and on terms set forth in Vendor’s existing agreement with Concessionaire, if any. If no agreement exists between Concessionaire and Vendor, such purchases
will be made at prices and on terms set forth in this Agreement. The City acknowledges that there will be no duplication of allowances, funding or benefits (including pricing) to the City or Concessionaire if
Concessionaire has an existing agreement with Vendor. Vendor understands that this obligation does not apply to third party persons or organizations over which the City has, for whatever reasons, no control.
2.6 Access to City Marks and Logos: Vendor may use the official City logos and trademarks on a royalty-
free basis, exclusive for Beverages, in connection with the promotion of Vendor’s Beverages. Vendor shall obtain the City’s written approval in accordance with the City of Clearwater Code of Ordinances, City
policies, or other applicable rules and guidelines prior to use of such logos and trademarks.
3.0 TERM
The initial term of this Agreement shall be for five (5) years, commencing on November 8, 2017 (the “Effective Date”) and continuing through September 30, 2022, unless earlier terminated as herein provided
(“Initial Term”). The Initial Term may be extended for an additional five (5) year period upon the parties’ prior written agreement (“Renewal Term”). The Initial Term and Renewal Term, if any, are defined herein as the
“Term.”
4.0 PRICING
The Pricing Schedule, Exhibit A, contains a list of initial pricing for Permitted Beverage Products that will be provided for direct purchase by the City and/or its Concessionaires for use or resale and the initial vend
rates for vended Permitted Beverage Products. If any new Vendor Beverages are introduced, the Vendor must submit additional Vendor Beverages pricing to the City. The City may include these Vendor Beverages
to the approved list at its discretion.
The vend rates for vended Permitted Beverage Products set forth in Exhibit A are initial vend rates. Vendor may adjust the vend rates as necessary to reflect changes in its costs, including cost of goods.
The initial prices for bottle/can Permitted Beverage Products set forth in Exhibit A will remain in effect for the
first Agreement Year. Thereafter, such prices will be subject to an increase of no more than four percent (4%) over the previous Agreement Yaear’s price, except in the event of an increase in a component of Bottler’s
cost of goods, manufacture or delivery, or increases in taxes, deposits and other government related fees, in which case, Bottler may increase prices to cover such increased costs. Price increases will occur
automatically on the first day of each Agreement Year.
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5.0 EXISTING AGREEMENTS
By execution of this Agreement, the Parties expressly agree that any contracts or other arrangements, whether written or verbal, that currently exist or that the Parties believe may have previously existed
between them regarding the subject matter hereof, and all obligations of the City and Vendor arising from such relationships, if any, including but not limited to RFP 21-17 and Vendor’s response to RFP 21-17, are
automatically superseded and/or terminated as of the Effective Date of this Agreement. Neither City nor Vendor shall have any further obligations under such preexisting contracts or arrangements.
6.0 LABELING
All ingredients must be declared on the product label, as required by the Food and Drug Administration. All
Permitted Beverage Products provided are required to carry legible, open code dating on each can, bottle or case, and must indicate pack code or expiration date. If any code is encrypted, Vendor must provide the
key from the manufacturer to decode the information.
7.0 PUBLIC RECORD/INFORMATION REQUIREMENTS
Unless otherwise required by law, all Agreement terms, conditions, offers, and disclosures, as well as information or disclosures arising out of this Agreement, shall be deemed public information as provided for
in Florida Statutes Chapter 119. As such they may be subject to release as public records in accordance with state law. City shall not in any way be liable to Vendor for the disclosure of any such records when
disclosed in accordance with the law, and City assumes no obligation or responsibility for asserting legal arguments on Vendor’s behalf.
8.0 SERVICE AND DELIVERY REQUIREMENTS
8.1 Vending Machine Sales: The servicing of vending machines for restocking, maintenance and
repair must occur during hours that the City Facilities are open and available for public use unless otherwise authorized by the City of Clearwater.
8.1 Direct Purchase Sales: All Permitted Beverage Products designated for direct purchase shall be
delivered as requested by the City and/or its Concessionaires. Invoices should accompany the delivery. The City and/or its Concessionaires will order Permitted Beverage Products from Vendor at least 72 hours
prior to requested delivery. 8.2 Regulatory Standards: City reserves the right to reject any products, supplies and equipment that are unsafe for their intended use or fail to meet established FDA and OSHA health and safety requirements
and standards. 8.3 Employee Certification: Vendor shall certify in writing that all of its employees, present or new hires, who provide service to the City at the City Facilities have not been convicted of a felony or are awaiting
adjudication of same. This certification shall be provided by Vendor to City prior to any of Vendor’s employees coming in contact with any City personnel or customers.
8.4 Emergency Delivery: In the event of a natural disaster or terrorist attack (“Emergency”), Vendor will
endeavor to sell to the City reasonable amounts of bottled water, as determined by Vendor in its sole discretion. Nothing herein obligates Vendor to provide bottled water if it is prevented from doing so due to a
Force Majeure Event (defined below), including but not limited to, an act of God, strikes, civil disturbances, the unavailability of supplies or transportation, or for any other causes beyond Vendor’s control. VENDOR
HAS NO LIABILITY TO THE CITY OR ANY THIRD PARTY FOR INJURY OR DAMAGES OF ANY KIND ARISING OUT OF DELAYS OR VENDOR’S INABILITY TO PROVIDE BOTTLED WATER TO THE CITY.
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The City shall notify Vendor of the need for bottled water due to an Emergency within one (1) business day of the Emergency event. Any such notices should be directed to UWR@cocacolaflorida.com with copy to:
ATTN: John Guinn, Distribution Center Manager
EMAIL: jguinn@cocacolaflorida.com
ATTN: Kiwanis Derrico, Area Sales Manager
EMAIL: kderrico@cocacolaflorida.com
9.0 INVOICES AND PAYMENTS FOR PERMITTED BEVERAGE PRODUCTS Delivery slips or invoices for direct delivery product sales must be furnished on the same day of delivery.
Payments to Vendor will be made Net thirty (30) days upon receipt of Vendor’s invoice for the previous month’s billing period. Credit memos shall be issued in a reasonable time but not to exceed thirty (30) days
from the date of return products.
10.0 RESPONSIBILTY FOR PRODUCTS, MATERIAL AND EQUIPMENT Vendor shall be responsible for all products, materials and equipment including the loss, destruction of, or damage to the products, materials and equipment until they are delivered and accepted by City at the
designated delivery point, regardless of the point of inspection. After delivery to and acceptance by the City of the equipment or beverage products specified in this agreement, City shall be responsible, to the limits
of Florida Statute 768.28, for the loss or destruction of or damage to the equipment or supplies to the extent such loss, destruction, or damage results from the negligence or willful misconduct of officers,
agents, or employees of City.
11.0 EQUIPMENT Vendor will loan to the City, without charge to the City, the equipment reasonably required and as mutually agreed upon to dispense Permitted Beverage Products at the City Facilities. All Vendor-owned equipment
will be subject to CCBF’s standard equipment placement agreement terms. The Vendor shall be solely responsible for the placement and operation of full-service vending machines at locations agreed upon by
the parties at City Facilities.
All equipment will be accessible to the general public during City Facility operating hours, only to the extent that each corresponding location is open to the public as determined by the City in its sole discretion. If it
becomes necessary to move any of the equipment for any reason (for e.g. low traffic area, minimal sales, etc.), City and Vendor will agree to an alternative location and Vendor shall then move such Equipment to
the mutually agreed alternate location, or the Parties will mutually agree to have the equipment removed from the City Facilities. The equipment will at all times remain the property of Vendor.
Specifications for Beverage Vending Machine/Equipment
11.1 Energy Efficiency: All machines provided by Vendor under this Agreement shall conserve energy
and reduce energy related costs through energy efficiency. To satisfy this requirement, Vendor either can install machines with an Energy Star® label (or equivalent) or can utilize energy-saving devices such as
the Vending Miser® or equivalent. Vendor shall incur all costs associated with energy saving machines or devices.
11.2 Vending Equipment: At its sole expense, Vendor shall provide, install and maintain sufficient
vending equipment and supplies necessary to facilitate the continued sale of Permitted Beverage Products. No machine shall be installed that does not meet the energy efficiency requirements set forth above.
Automatically operated dispensing machines shall be adequately metered with non-reset meters and shall operate on AC- 110 volts. The machines shall be double insulated or grounded. All equipment shall be
equipped, at a minimum, with dollar validators and coin-operated mechanisms with change return, slug rejection and coin-return features.
11.3 Vending Equipment Maintenance: While the equipment is in the City’s possession, the City shall
be responsible for keeping all equipment in a clean and sanitary condition. Machines that are damaged or unsightly shall be reported to Vendor. Vendor will inspect equipment and if necessary, Vendor will remove
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the equipment and determine whether or not to replace it.
11.4 Equipment Stocking: The stocking of Permitted Beverage Products shall be the sole responsibility of the Vendor. All dated product must be fresh, with un-expired dates of sale at all times. Vendor shall
remove all expired product not later than the printed expiration date if not sold. Vendor shall be responsible for stocking and restocking product on a regular basis or within seventy-two (72) hours of City’s
request.
11.5 Americans with Disabilities Act: All vending machines shall meet the requirements of the Americans with Disabilities Act, as may be amended from time to time, in that all controls must be located
between two (2) and four (4) feet from ground level.
11.6 Refunds: Vendor shall be responsible for all refunds. Vendor shall set aside a minimum of five dollars ($5) per location for possible refunds. This fund shall be checked periodically to ensure the minimum
level. Vendor shall provide each location with a form to account for any refunds. At a minimum, this form shall contain fields to enter the date, refunded amount, name of person receiving refund, reason for refund,
and the serial number of the machine involved.
11.7 Equipment Loan: Vendor shall loan equipment, if available and if mutually agreed upon by the Parties, to the City of Clearwater for use at City Events. This equipment includes items such as
merchandising wagons, stand-alone refrigerated coolers, etc. All requests must be made by the City to Vendor in writing at least forty-five (45) days prior to any City Event.
12.0 EQUIPMENT MAINTENANCE AND REPAIR RESPONSE TIME
12.1 Ordinary Maintenance: During the Term of this Agreement, Vendor shall be responsible for the
service ordinary maintenance and repair of Vendor-owned equipment, as described in Vendor’s standard equipment placement agreement, that it provides for use at City Facilities.
12.2 Repair Response Time: Vendor shall respond within twenty-four (24) hours (excluding weekends
and holidays) to all communications from City or one of City Facilities regarding defective or inoperable machines. Any defective or inoperable machine will be fixed or replaced within five (5) working days.
12.3 Custodial Schedule: City shall provide all labor and supplies and maintain an appropriate
custodial schedule for each vending area to ensure that all equipment is kept in reasonably clean and sanitary conditions; that the vending area is reasonably free of debris and spills; and that all debris is
removed from the building during normal business hours.
13.0 ELECTRICITY 13.1 Electrical Power: City shall furnish, at no cost to Vendor, the electrical power necessary for the operation of the vending machines. Vendor shall provide information detailing the amperage of the
machines and electrical consumption. City will review its power consumption during the Term of this Agreement, and machines utilizing an unreasonable or excessive amount of power will be replaced by
Vendor within ten (10) business days of Vendor’s receipt of City’s notification. 13.2 Electrical Outlets: City will not be required to install or relocate any electrical outlets or circuits in order to provide electrical power to vending machines at desired locations. Vendor shall bear all costs
associated with any such relocation, unless such relocation is requested solely by City, in which case City shall bear the cost of relocation. Each installed vending machine shall be connected on its own electrical
circuit. Any new electrical circuits required shall be provided by Vendor at no cost to City.
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14.0 PROMOTION AND ADVERTISING RIGHTS
City hereby grants to Vendor the following promotion and advertising rights:
14.1 Vending Machine Panels: Vendor may affix such logos/advertising imagery to its vending machine panels as may be mutually agreed upon by the parties.
14.2 Signage: With the express written approval of the City, Vendor may utilize signage related
directly to the provision of the Permitted Beverage Products and services provided for hereunder. Vendor represents and warrants that it will use its best efforts to use signage that is environmentally sensitive,
tastefully designed, and that which promotes an enhanced quality of life. The Vendor may provide banners to be displayed by the City at City Events. Specifications will be provided to the Vendor by the City. All
signage contemplated by this section shall be required to comply with City policy, City Codes and other law, as applicable.
14.3 Other Promotion and Advertising Rights: The City of Clearwater approves the following
promotional and advertising rights for Vendor each Agreement Year:
a. Signature Events i. Clearwater Seafood and Blues Festival 1. Vendor placement of signage, banners and combo messaging. 2. Social media recognition 3. 10 VIP tickets each for Sea Blues, Bay2Beach, Clearwater Celebrates America, and Hispanic Heritage 4. Stage announcements 5. Videoboard commercials 6. Sponsor Activation Space 7. Sponsor Booth Space 8. Sampling opportunity 9. Brand ambassador opportunity 10. Banner placements at main entrances and park interior (6 total banners,
provided by Vendor) 11. Option to provide gate giveaway items 12. Logo prominently displayed on stage banners 13. Logo and link on city or event websites 14. Logo inclusion in all marketing materials (posters, etc) 15. Logo inclusion in all digital and billboard ads (when
applicable) 16. Logo inclusion in TV ads (when applicable) ii. Bay 2 Beach Art and Music Festival 1. Vendor placement of signage, banners and combo messaging.
2. Social media recognition 3. 10 VIP tickets each for Sea Blues, Bay2Beach, Clearwater Celebrates
America, and Hispanic Heritage 4. Stage announcements
5. Videoboard commercials 6. Sponsor Activation Space
7. Sponsor Booth Space 8. Sampling opportunity
9. Brand ambassador opportunity 10. Banner placements at main entrances and park interior (6 total banners,
provided by Vendor) 11. Option to provide gate giveaway items
12. Logo prominently displayed on stage banners 13. Logo and link on city or event websites
14. Logo inclusion in all marketing materials (posters, etc) 15. Logo inclusion in all digital and billboard ads (when
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applicable) 16. Logo inclusion in TV ads (when applicable)
iii. City produced concerts 1. Vendor placement of signage, banners and combo messaging.
2. Social media recognition 3. 10 VIP tickets each for Sea Blues, Bay2Beach, Clearwater Celebrates
America, and Hispanic Heritage 4. Stage announcements 5. Videoboard commercials 6. Sponsor Activation Space
7. Sponsor Booth Space 8. Sampling opportunity
9. Brand ambassador opportunity 10. Banner placements at main entrances and park interior (6 total banners, provided by Vendor) 11. Option to provide gate giveaway items
12. Logo prominently displayed on stage banners 13. Logo and link on city or event websites
14. Logo inclusion in all marketing materials (posters, etc) 15. Logo inclusion in all digital and billboard ads (when applicable) 16. Logo inclusion in TV ads (when applicable) iv. Clearwater Celebrates America
1. Vendor placement of signage, banners and combo messaging. 2. Social media recognition
3. 10 VIP tickets each for Sea Blues, Bay2Beach, Clearwater Celebrates America, and Hispanic Heritage
4. Stage announcements 5. Videoboard commercials
6. Sponsor Activation Space 7. Sponsor Booth Space
8. Sampling opportunity 9. Brand ambassador opportunity
10. Banner placements at main entrances and park interior (6 total banners, provided by Vendor)
11. Option to provide gate giveaway items 12. Logo prominently displayed on stage banners
13. Logo and link on city or event websites 14. Logo inclusion in all marketing materials (posters, etc)
15. Logo inclusion in all digital and billboard ads (when applicable)
16. Logo inclusion in TV ads (when applicable) v. Hispanic Heritage Festival
1. Social media recognition 2. 10 VIP tickets each for Sea Blues, Bay2Beach, Clearwater Celebrates
America, and Hispanic Heritage 3. Stage announcements
4. Videoboard commercials 5. Sponsor Activation Space
6. Sponsor Booth Space 7. Sampling opportunity
8. Brand ambassador opportunity 9. Banner placements at main entrances and park interior (6 total banners,
provided by Vendor) 10. Option to provide gate giveaway items
11. Logo prominently displayed on stage banners 12. Logo and link on city or event websites
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13. Logo inclusion in all marketing materials (posters, etc) 14. Logo inclusion in all digital and billboard ads (when
applicable) 15. Logo inclusion in TV ads (when applicable)
b. Athletic Fields i. 8’ x 16’ billboard at Jack Russell Stadium ii. Four 6’ x 16 banners and four 4’ x 8’ banners spread throughout the softball
fields at Eddie C Moore Complex 1. Vendor to provide artwork, City of Clearwater to produce and install
banners and billboard.
14.4 Compliance: Vendor’s failure to comply with Section 14 of this Agreement shall be deemed a material breach of the Agreement that may subject the Agreement to termination at City’s sole discretion
pursuant to the termination provisions herein.
15.0 LICENSING PAYMENT & PRODUCT SALES COMMISSION
In consideration of the rights and privileges granted to the Vendor hereunder, including the right to access, install and maintain vending machines within City Facilities, the Vendor shall pay a License Fee to the City
on an annual basis as described below (“Licensing Payment” or “Licensing Fee”). There shall be no commissions paid to the City on vending machine sales as part of the Agreement. Vendor will operate and
retain all proceeds from such sales.
Licensing Payment: Vendor agrees to pay the City a Licensing Payment in an aggregate of Ninety-Two Thousand Five Hundred Dollars ($92,500) for the Initial Term. The Licensing Payment shall be paid in equal
annual installments in the amount of Eighteen Thousand Five Hundred ($18,500) for each of Agreement Years One through Five. The first payment will be paid within sixty (60) days after this Agreement has been
signed by both Parties and for subsequent Agreement Years Licensing Payment will be due annually at the annual anniversary of the Effective Date. The Licensing Payment will be deemed earned evenly over the
Agreement Year for which they are paid.
Vendor shall make these payments to:
City of Clearwater Special Events 706 North Missouri Avenue
Clearwater, FL 33755 Attention: Sponsorship Supervisor
16.0 FINANCIAL REPORTS
16.1 Full-Service Vending Financial Reports: Vendor shall provide the City with an annual audited
(in-house by a Vendor CPA) sales report detailing the total sales per month generated from all vending machines at each of the City Facilities hereunder. This report is due sixty (60) days after each annual
anniversary of the Effective Date. Required reports shall be in accordance with generally accepted accounting principles and be attested to by a Certified Public Accountant.
Reports should be sent to:
City of Clearwater Special Events 706
North Missouri Avenue Clearwater, FL 33755
Attention: Sponsorship Supervisor
16.2 Direct Purchase Report: Vendor also shall provide the City with an annual audited (in-house by a Vendor CPA) Direct Purchase Report for all direct purchases of Permitted Beverage Products hereunder.
This report shall detail sales activity per each of the City Facilities, per Concessionaire and an aggregate total. Sales activity shall be further broken down by each product item. This report is due 60days after each
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annual anniversary of the Effective Date. Required reports shall be in accordance with generally accepted accounting principles and be attested to by a Certified Public Accountant. If the City does not receive said
reports within the specified time frame, the City shall notify the Vendor in writing. If acceptable reports are not received by the City within 30 days of the written notification, failure to provide said reports shall be
considered a material breach of this Agreement, which may result in termination by the City as provided for herein.
17.0 FINANCIAL RECORDS
Vendor shall create and maintain complete and accurate financial and accounting records of vending
transactions for each machine at the City Facilities in accordance with accepted industry standards, and will keep such financial records for a period of five (5) years after the close of each Agreement Year’s
operation, unless the requirements of this Agreement or an audit have not been resolved, in which case said records shall be maintained until resolution. Records must be made available in accordance with
applicable law, including Chapter 119, Florida Statutes.
18.0 TAXES
Each Party is responsible to remit federal, state or local taxes, as it pertains to its respective business and property. City shall not assess common area maintenance fees, real property taxes or other charges based
on Vendor’s occupation of the space allocated to vending machines.
19.0 SERVICE PERSONNEL
City shall have the right, in its absolute discretion as long as in compliance with applicable laws, to require the removal of Vendor’s personnel at any level assigned to the performance of the services provided under
this Agreement. City shall provide written notice to Vendor of its request for removal of Vendor’s personnel, which notice will become effective upon receipt. If agreed upon by the Parties, such personnel shall be
promptly removed from performing services under this Agreement at no cost or expense to City.
20.0 REQUIRED MEETINGS
Vendor and City representatives shall meet annually, and at such other times as may be agreed upon, to plan and coordinate services provided under this Agreement with the intent to enhance sales in a manner
to increase process efficiencies, and improve communication and customer service. Required annual
meetings shall take place between July 1st and August 31st each year.
21.0 LAWS, PERMITS, REGULATIONS 21.1 Licenses: Vendor shall obtain all necessary licenses or permits for its proper performance of this Agreement and shall perform in accordance with applicable federal, state and local laws, regulation,
ordinances or codes in force where Vendor is providing its services and selling its products. Vendor is responsible for its own applicable taxes, including payroll taxes, and miscellaneous overhead expenses.
21.2 Change in Law or Regulation: If at any time during the Term of this Agreement either Florida,
federal law, or local law or regulation is revised to materially limit the Beverage types, hours of operation, or location of vending machines at City Facilities, Vendor shall act in conformance with such revised law or
regulation, and City shall not be responsible for any lost profits which may result therefrom, and Vendor will then have the option as its sole remedy, to terminate this Agreement and City shall (i) allow Vendor to
retrieve any equipment, and (ii) pay to Vendor the unearned prorated portion of the pre-paid Licensing Payment or other upfront funding, if any.
21.3 Compliance with laws: Vendor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state and local,
relating to its actions under this Agreement whether such statutes, ordinances, regulations and requirements are now in force or hereinafter enacted or whether or not in the contemplation of the Parties.
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22.0 INDEMNIFICATION
To the fullest extent permitted by law, the parties agree to defend, indemnify, and hold the other party, its
officers, agents, and employees, harmless from and against any and all third party liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, reasonable attorneys’,
witnesses’, and expert witnesses’ fees, and expenses incident thereto (“Claims”), resulting from: (i) any negligent acts, errors, mistakes or omissions by the party or its personnel; and (ii) the party’s breach of the
Agreement. This indemnity obligation will not apply to the extent the Claim was a result of the other party’s acts or omissions or breach of Agreement. The indemnifying party will update the other party during the
course of the litigation to timely notify them of any issues that may involve the independent negligence of them that is not covered by this indemnification.
Notwithstanding anything contained herein to the contrary, this indemnification provision shall not be
construed as a waiver of any immunity to which City is entitled or the extent of any limitation of liability to pursuant to§ 768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall be interpreted
as limiting or in any way affecting any defense the City may have under § 768.28, Florida Statutes or as consent to be sued by third parties. All indemnification provisions contained in this Agreement shall survive
termination or expiration of this Agreement.
23.0 INSURANCE
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.
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 $500,000 (five hundred thousand dollars)
each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary
Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if
any.
The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies.
Other Insurance Provisions. 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
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applicable endorsements) evidencing all of the coverage set forth above and listing the City as an “Additional Insured” on the Commercial General Liability and Auto Liability Insurance.
a. Vendor shall endeavor to provide thirty (30) days’ written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
b. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence.
c. 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.
24.0 VENDOR’S FAILURE TO PROVIDE SERVICES OR PRODUCTS
Vendor’s Representation of Performance: City requires the Permitted Beverage Products and services
identified under this Agreement be supplied to City in a timely and accurate manner. City has entered into this Agreement with Vendor because Vendor has represented that it can meet City’s time-related service
and product specification needs.
24.1 Obtain Other Services: Vendor recognizes and acknowledges that the City has entered into this Agreement in reliance on its timely performance hereunder, therefore, Vendor’s material failure to deliver
Permitted Beverage Products or perform any of the services required shall constitute a material breach and subject to City’s right to terminate this Agreement pursuant to the terms herein.
24.2 Unsatisfactory performance: Unsatisfactory performance may include but not be limited to any
of the following to the extent they constitute a violation of the terms of this Agreement: late/non-deliveries; failure to repair vending machines as promised; partial deliveries that are not cured within thirty days;
delivery of wrong products; delivery of unauthorized substituted products not meeting the specifications identified in this Agreement; incorrect pricing; failure to provide revenue reports as specified in the
Agreement; or invoicing problems. Failure to perform shall constitute a material breach hereunder for which either Party may avail itself to remedies set forth herein or otherwise available at law or in equity.
25.0 GENERAL PROVISIONS
25.1 Authority of the Parks, Planning and Project Manager of Parks and Recreation Department:
Except as expressly specified in the Agreement, the Parks, Planning and Project Manager may exercise any powers, rights or privileges that have been lawfully delegated by the City. Nothing in the Agreement shall be
construed to bind the City for acts of its employees, including the Parks, Planning and Project Manager of Parks and Recreation Department that exceed the delegation of City, and nothing in the Agreement shall be
construed to bind the Vendor for acts of its employees that exceed the delegation of Vendor.
25.2 City’s Technical Representative: The Parks, Planning and Project Manager of Parks and Recreation Department also will act as the technical representative for all technical aspects related to the
City’s performance of the Agreement. Unless otherwise stated herein, Vendor shall make such oral or written reports to the Parks, Planning and Project Manager of Parks and Recreation Department as may be
reasonably requested by the City or as specified in the Agreement. All correspondence regarding this Agreement and related contractual matters shall be addressed to the Parks, Planning and Project Manager
of Parks and Recreation Department at the address provided herein except as otherwise set forth herein.
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25.3 Independent Contractor: Each Party is acting as an independent contractor and independent employer. Nothing herein shall be interpreted to create or be construed to create a partnership, joint venture,
or agency relationship between any of the Parties, and no Party shall have the authority to bind the other in any respect.
25.4 Notices: Formal notices, demands, and communication to be given hereunder by either Party shall
be in writing and shall be delivered in person, by U.S. mail, overnight delivery, fax or electronically, and shall be deemed received as of the date of verifiable delivery. “Verifiable delivery” of electronic transmission shall
mean email “delivery status notifications” or fax “transmittal confirmation reports,” or their equivalents.
Said notices shall be delivered to:
VENDOR: Coca-Cola Beverages Florida, LLC
Attn: Thomas Benford, Executive Vice President and Chief Commercial Officer 10117 Princess Palms Avenue
Suite 400 Tampa, FL 33610
with a copy to:
Attn; Deborah Pond, SVP and General Counsel at the address above
THE CITY:
City of Clearwater Parks, Planning and Project Manager
2950Parks and Recreation Dept. 100 S. Myrtle Ave.
Clearwater, FL 33756
25.5 Announcements. Each Party shall not issue any press release or make any announcement with respect to this Agreement without the prior written consent of the other Party. Despite the previous sentence
of this Section, each Party is entitled to make any disclosures required by law. 25.6 Amendments: The parties may amend this Agreement if such amendment is in writing, if the writing identifies itself as an amendment to this Agreement and is signed by both Parties to the Agreement.
25.7 Waivers:
25.7.1 Effect of Failure, Delay or Course of Dealing. No failure or delay in exercising any right
or remedy or in requiring the satisfaction of any condition under this Agreement, and no act, omission or course of dealing between the Parties shall operate as a waiver or estoppel of any right, remedy or condition.
25.7.2 Each Waiver for a Specific Purpose: A waiver made on one occasion is effective only in
that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.
Severability. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential terms and conditions
of this Agreement for each Party remain valid, binding, and enforceable.
Merger: This Agreement and its Exhibits constitute the final Agreement between the Parties. It is the complete and exclusive expression of the Parties’ agreement on the matters contained in this Agreement. All prior and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement. The provisions of this Agreement may not be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. In entering into this Agreement,
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neither Party has relied upon any statement, representation, warranty or agreement of the other Party, except for those expressly contained in this Agreement. There are no conditions precedent
to the effectiveness of this Agreement, other than any expressly stated in this Agreement.
Force Majeure: “Force Majeure Event” means any act or event, whether foreseen or unforeseen,
that meets all three of the following tests: (a) The act or event prevents a Party (the “Nonperforming Party”), in whole or in part, from (i) performing its obligations under this Agreement; (ii) satisfying any
conditions to the obligations of the other Party (the “Performing Party”) under this Agreement, or frustrates the purpose of this Agreement; (b) The act or event is beyond the reasonable control of,
and not the fault of, the Nonperforming Party, and (c) The Nonperforming Party has been unable to avoid or overcome the act or event by the exercise of due diligence. Despite the preceding definition
of a Force Majeure Event, a Force Majeure Event excludes economic hardship, changes in market conditions, and insufficiency of funds.
o Suspension of Performance. If a Force Majeure Event occurs, the Nonperforming Party is excused from (i) whatever performance is prevented by the Force Majeure Event to the extent prevented; and (ii) satisfying whatever conditions precedent to the Performing Party’s obligations that cannot be satisfied, to the extent they cannot be satisfied.
o Resumption of Performance. When the Nonperforming Party is able to (i) resume
performance of its obligations under this Agreement, or (ii) satisfy the conditions precedent to the Performing Party’s obligations, it shall immediately give the Performing Party written
notice to that effect and shall resume performance under this Agreement no later than two (2) working days after the notice is delivered.
o Exclusive Remedy. The relief offered by this Force Majeure provision is the exclusive remedy available to the Nonperforming Party with respect to a Force Majeure Event.
25.8 Assignment and Delegation:
25.8.1 No Assignments. Neither Party may encumber, assign, or otherwise transfer this
Agreement or any right or interest in this Agreement, whether in whole or in part, without the prior written consent of the other Party. Due to the unique nature of this Agreement and the limited equivalent potential
substitute parties, any assignment of this Agreement without the express, written consent of the other Party shall render this Agreement null and void in its entirety. All assignments of rights are prohibited under this
subsection, whether they are voluntary or involuntary, by change of control, merger, consolidation, dissolution, operation of law or any other manner. For purposes of this Section, (i) a “change of control” is
deemed an assignment of rights; and (ii) “merger” refers to any merger in which a Party participates, regardless of whether it is the surviving or disappearing corporation.
25.8.2 No Delegations. Neither Party may delegate any performance under this Agreement.
25.8.3 Ramifications of Purported Assignment or Delegation. Any purported assignment of
rights or delegation of performance in violation of this Section is void.
Third Party Beneficiaries. This Agreement does not and is not intended to confer any rights or
remedies upon any person other than the signatories.
Captions: The descriptive headings of the articles, sections and subsections of this agreement are for convenience only, do not constitute a part of this Agreement, and do not affect this Agreement’s construction or interpretation.
Governing Law: The laws of the State of Florida (without giving effect to its conflict of laws
principles) govern all matters arising out of or relating to this Agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, performance, and
enforcement.
All terms, covenants and conditions of this Agreement shall inure to the benefit of and be binding on the
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Parties and their successors and permitted assigns. This section shall not be deemed a waiver of any conditions against assignment hereinbefore set forth.
25.8.4 Photography. The City has the right, for its own purposes, or may grant permits to persons or corporations engaged in the production of still or motion pictures, television programs, advertising, and
related activities (“Images”), to take photographs or motion pictures of Vendor’s activities, vending machines, signs, and other equipment installed and / or operated by Vendor pursuant to this Agreement, provided City
obtains Vendor’s prior written approval, which shall not be unreasonably withheld. However, City shall not be required to pay Vendor compensation for such activities. City is responsible for obtaining all executed
releases from any and all Vendor employees and contractors whose name, voice and/or likeness is used in any of Vendor’s Images as required by applicable law.
25.8.4 Non-disclosures/Press Releases. Each Party shall consult with the other Party and
obtain such Party’s prior written approval before issuing any press releases or otherwise making public statements with respect to this Agreement or the transactions contemplated hereby.
26.0 TERMINATION
A “Default” shall be deemed to have occurred if: a) Vendor fails to make any payment provided for herein
after being given 10 days’ notice by the City to cure such failure; b) either Party fails to cure its default in the performance or observance any covenant, conditions, term or provision of this Agreement after written
notice of said default and such default continues for a period of sixty (60) days or such other period as specifically set forth herein, whichever is shorter; or b) either Party defaults in the performance or
observance of any material covenant, condition, term or provision of this Agreement and such default is not curable, the non-defaulting Party cannot be made whole by monetary damages, and the default evidences
a willful or negligent disregard by the defaulting Party; c) either Party becomes insolvent through the petition or filing of bankruptcy, insolvency, reorganization or the appointment of a receiver or trustee of all or
substantially all of said Party’s assets and within one hundred twenty (120) days of such filing, said Party fails to secure a discharge of such petition or dismissal of such proceedings.
After the occurrence of a Default, the non-defaulting Party shall have the right to give the defaulting Party
notice of its intention to terminate this Agreement. Upon the effective date of such termination (which shall not be less than ten (10) days after giving such notice), the Term of this Agreement shall end.
Within thirty (30) days after this Agreement is terminated, for any reason, Vendor shall remove all vending
machines, and other equipment and signs that Vendor installed and/or operated pursuant to this Agreement. Should Vendor fail to remove all vending machines, equipment and signs, the City may remove the same,
store for pick up by Vendor for a period of sixty (60) days at Vendor’s expense.
Upon termination by Vendor for the City’s Default, the City will (i) return any equipment, (ii) pay to Vendor a pro rata portion of the costs of refurbishing and installing the equipment, and (iii) pay to Vendor the unearned
portion of pre-paid amounts, including any prepaid Licensing Payments. If the City transfers or closes any of the City Facilities, the City will (i) return any equipment, (ii) pay to Vendor a pro rata portion of the costs of
refurbishing and installing the equipment, and (iii) pay to Vendor the unearned portion of pre-paid amounts, for such transferred or closed City Facilities.
The Parties reserve all rights and remedies as may be provided by law.
Notwithstanding any other provision herein to the contrary, the City may terminate this Agreement, without
cause, for any municipal purpose as determined by its City Council at a duly advertised public hearing by giving one hundred eighty (180) days written notice to Vendor and City shall (i) allow Vendor to retrieve any
Equipment, and (ii) pay to Vendor the unearned prorated portion of pre-paid Licensing Payment or other upfront funding, if any. Vendor may also terminate this Agreement, without cause, by giving one hundred
eighty (180) days written notice to the City and the City shall allow Vendor to retrieve any Equipment.
27.0 SOVEREIGN IMMUNITY
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Nothing in this Agreement shall waive or diminish the City’s sovereign immunity. Nothing in this Agreement
shall extend the City’s liability beyond the limits established in Section 768.28, Florida Statutes, or any of the liability limits set forth in Florida Statutes. Nothing herein shall be construed as consent by either Party
to be sued by third parties in any matter arising out of this Agreement. There are no third party beneficiaries pursuant to this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above
written.
COCA-COLA BEVERAGES FLORIDA, LLC CITY OF CLEARWATER
By: By:
William B. Horne, II City Manager
By: By: George Cretekos
Mayor ATTEST:
Rosemarie Call City Clerk
Approved as to form:
Matthew M. Smith
Assistant City Attorney
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Exhibit A
INITIAL PRICE SCHEDULE
*All prices are exclusive of taxes, deposits, handling fees and recycling fees.
Vendor will have a minimum delivery of five (5) standard physical cases (i.e., 24 count) per delivery, excluding deliveries for full service vending machines.
INITIAL VEND RATES
Bottle/Can Vended Permitted Beverage Products Initial Vend Rate
12 oz Can - SSD & NCB $1.00
20 oz PET - DASANI $1.50
20 oz PET - POWERADE $2.00
20 oz PET - SSD $1.75
Minimum delivery requirements are not applicable to vending.
Bottle/Can Permitted Beverage Product Initial Price Per Standard Physical Case (i.e., 24 count)*
12 oz PET - SSD $10.25
300 ml - DASANI $12.81
500 ml - DASANI $6.15
20 oz PET - POWERADE $20.50
15.2 oz (450 ml) PET - MMJTG $26.05
16 oz Can - Monster Energy $34.07
16 oz Can - NOS $29.20
18.5 oz PET - Gold Peak $26.52
20 oz PET - vitaminwater $27.63
15.5 oz Can - Monster Rehab $34.07
15 oz Can - Monster Java $39.32
20 oz PET - DASANI $11.50
16.9 oz PET - Honest Tea $29.20
20 oz PET - SSD $24.49
Exhibit B
VENDING EQUIPMENT BY LOCATION (34 MACHINES)
Name Address
1 BEACH POOL 51 BAY ESPLANADE
2 BEACH POOL 51 BAY ESPLANADE
3 BEACH RECREATION CENTER 69 BAY ESPLANADE
4 CARPENTER COMPLEX 651 N OLD COACHMAN RD
5 CITY HALL 112 OSCEOLA AVE S
6 COUNTRYSIDE LIBRARY 2642 SABAL SPRINGS DR
7 EAST POLLUTION CENTER 3141 GULF TO BAY BLVD
8 FIRE AND RESCUE 1716 BELCHER RD N
9 FLEET MAINTENANCE 1900 GRAND AVE
10 FLEET MAINTENANCE 1900 GRAND AVE
11 CLEARWATER GAS SYSTEM 400 MYRTLE AVE N
12 GREENWOOD RECREATION CENTER 900 MARTIN L KING JR AVE
13 LONG CENTER 1501 BELCHER RD N
14 LONG CENTER 1501 BELCHER RD N
15 MCMULLEN TENNIS COMPLEX 1000 EDENVILLE AVE
16 MCMULLEN TENNIS COMPLEX 1000 EDENVILLE AVE
17 MCMULLEN TENNIS COMPLEX 1000 EDENVILLE AVE
18 MORNINGSIDE RECREATION CENTER 2400 HARN BLVD
19 MORNINGSIDE RECREATION CENTER 2400 HARN BLVD
20 MUNICIPAL SERVICES BUILDING 100 MYRTLE AVE S
21 NURSERY 901 SATURN AVE N
22 PARKS & REC MAINTENANCE 507 VINE AVE
23 PARKS & REC MAINTENANCE 510 PENNSYLVANIA AVE
24 POLICE DEPT 645 PIERCE ST
25 POLICE DEPT 645 PIERCE ST
26 POLICE SUB STATION 2851 MCMULLEN BOOTH RD
27 PUBLIC UTILITIES 1650 ARCTURAS AVE N
28 PUBLIC WORKS 1650 ARCTURAS AVE N
29 PUBLIC WORKS 1650 ARCTURAS AVE N
30 ROSS NORTON REC CENTER 1426 MARTIN LUTHER KING JR AV
31 SOLI D WASTE TRANSFER 1005 OLD COACHMAN RD N
STATION
32 SOLID WASTE DEPT 1701 HERCULES AVE N
33 WASTE WATER TREATMENT 1605 HARBOR DR
34 WASTE WATER TREATMENT 1605 HARBOR DR
Exhibit C
REBATES
In consideration of the rights and benefits granted to Vendor hereunder, Vendor agrees to pay City the following rebates for each standard physical case (i.e., 24 count) of bottle/can Permitted Beverage Product
as set forth below that is purchased from CCBF and paid for by the City for sale at the City’s Facilities covered under the RFP (“Rebates”).
Rebate – Standard physical case
$1.00 – 20 oz. PET sparkling soft drink (“SSD”) bottle/can Beverage products
$1.00 – 20 oz. PET Dasani bottle/can Beverage product
$2.00 – 20 oz. PET POWERADE bottle/can Beverage products
The Rebates will be paid annually, in arrears. Rebates will not be earned for sales of Permitted Beverage
Products through Vendor’s full service Beverage vending machines.
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4131
Agenda Date: 12/21/2017 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 8.12
SUBJECT/RECOMMENDATION:
Provide direction regarding establishing a foreclosure policy for properties with code
enforcement liens.
SUMMARY:
The Planning and Development Department - Code Compliance Division has been working
with the City of Saint Petersburg in order to better understand their Foreclosure Program. The
City of Saint Petersburg has been instrumental in developing a Foreclosure Program that has
improved since its inception and serves as a model for other municipalities and county
governments to follow. Outside Counsel was appointed to be a part of a pilot program for one
year and after that one law firm with a proven track record was appointed to represent the City
of Saint Petersburg with their Foreclosure Program. The City of Saint Petersburg’s best
practices are described below:
New Strategy for Economic Development: Foreclosing on a City's Code Enforcement
Liens to Remove Blight and Generate Economic Development
The Problem
Cities and municipalities all across Florida face a large and growing problem. Thousands of
blighted and abandoned properties that drain resources depress property values and pose
continuing public safety risks to the community. The standard response has been to record
code enforcement liens, hope these liens force compliance, then sit back and hope that the
liens get paid at some time in the future. And while this process may work for some properties
for a growing number of troublesome properties, the municipality must take a different and far
more proactive approach.
The Solution
Florida law provides a simple and effective way to eliminate blight and force properties into
compliance. The solution is for the municipality to foreclose its own code enforcement liens. All
that is necessary for a municipality to begin a successful code enforcement foreclosure
process is to select one or two of the most troublesome properties and file foreclosure cases
in circuit court. Because many of these properties are subject to clouded titles and unclear
ownership, foreclosing liens is the only practical way to clear and provide marketable title.
Page 1 City of Clearwater Printed on 12/20/2017
File Number: ID#17-4131
The Process
Every municipality has a handful of properties that have been abandoned and which have been
the subject of citizen complaints and code enforcement activity for many years. All that is
required to foreclose those liens is to confirm the legal validity of the liens then file a foreclosure
case in circuit court. Depending on the response of the property owner and other lien holders, a
case could result in a final judgment of foreclosure and a public auction of that property within a
few months. Given proper case selection, many properties that are subject to municipal lien
foreclosure should be sold to third parties in the same manner that the current glut of
foreclosure cases are being sold.
The Costs
With proper case selection an effective municipal code enforcement foreclosure program
should be at least revenue neutral to the community and ultimately it should generate income.
All costs associated with completing a code enforcement case are incorporated into a final
judgment and those costs are paid by third parties that purchase at auction. Importantly,
outside counsel appointed will pursue code enforcement foreclosure cases at no cost and no
risk to municipalities whatsoever.
Staff is requesting direction regarding Council’s desire to have a foreclosure policy for
properties with code enforcement liens.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 12/20/2017
| 1
FORECLOSURE
STAFF
RECOMMENDATIONS
Terry Teunis
Code Compliance Manager
| 2
ST. PETERSBURG’S
FORECLOSURE
PROGRAM
| 3 FORECLOSURE RECOMMENDATION
CITY OF ST. PETERSBURG
The city of St. Petersburg
Foreclosure Program was
Implemented in
September 2014 in order
to Address Properties
with Code Enforcement
Liens and No
Compliance Efforts.
| 4 FORECLOSURE RECOMMENDATION
CITY OF ST. PETERSBURG
•St. Petersburg Council Recommends:
All Properties are Considered
(Commercial, Residential, & Vacant
Lots).
No Mortgage on Property.
Properties w/ Significant Code
Enforcement Liens (under 20 years).
Determination Must Be Made re: Liens on
Property (Contractor, Utilities, & Tax).
Properties Must Be Vacant.
| 5 FORECLOSURE RECOMMENDATION
ST. PETERSBURG PILOT PROGRAM
•Pilot Program Resulted in
St. Petersburg’s Hiring an Outside Law
Firm w/ Experience
in Foreclosure
Process to
Manage the
Program.
| 6 FORECLOSURE RECOMMENDATION
ST. PETERSBURG PILOT PROGRAM
•Assistant City Attorney
More Problematic as Code Enforcement
Staff Assisted w/ Info That Was Needed.
Produced Only 3-4 Judgments.
•Private Attorney
Successful Law Firm; Used Own Resources.
Produced Approx. 50 Judgments.
Successfully Litigated Challenges from
Tarpon IV, LLC.
| 7 FORECLOSURE RECOMMENDATION
•Pilot Program Resulted in St. Pete’s Hiring
Outside Law Firm w/ Foreclosure
Experience to Manage Their Program.
•When a Determination is Made on a
Property, St. Pete Sends 30-Day Demand
Letter to Property Owner to Address Liens.
•After 30 Days, Case Goes to Outside
Attorney to Begin Foreclosure Action. It
Takes about 2 Months; Don’t Foreclose on
Properties w/ Mortgages.
BEGINNING FORECLOSURE ACTION
| 8 FORECLOSURE RECOMMENDATION
•St. Pete Currently Forecloses on Approx.
20 Properties Per Month.
•Upon Foreclosure in Favor of St. Pete,
the Properties
are Sold at
Auction by
Private
Auctioneer.
BEGINNING FORECLOSURE ACTION
| 9 FORECLOSURE RECOMMENDATION
ST. PETE FORECLOSURE RESULTS
•200+ Properties Have Been Initiated.
•18 Properties Settled at Demand-Letter
Stage.
•103 Properties Were Foreclosed & Sold
at Auction.
•44 Properties Paid Liens.
•46 Properties Are Still in the Process.
•$1.7M Was Collected to General Fund,
Less Costs of $486,000.
| 10
CLEARWATER
STAFF
RECOMMENDATIONS
| 11 FORECLOSURE RECOMMENDATION
CLEARWATER STAFF RECOMMENDATIONS
•Properties w/ High Code Enforcement
Liens and/or Have Negative Impact on
Community Are Priority.
•Residential, Commercial & Empty Lots.
•Properties/Structures Must Not Be
Occupied.
•Low or No Mortgage on Property Is
Preferable.
| 12 FORECLOSURE RECOMMENDATION
CLEARWATER STAFF RECOMMENDATIONS
•Hire Outside Counsel w/ Proven Track
Record to Manage Foreclosure Program.
•Hire Auctioneer Company to Facilitate
Sale of Property, but
Clearwater Should
Reserve Right to
Maintain Ownership of
Foreclosed Properties.
| 13 FORECLOSURE RECOMMENDATION
DIFFERENCES TO CONSIDER
•Results of Clearwater’s Potential Program
Could Differ from St. Pete’s Results Due to:
Clearwater Has Less Properties to
Consider.
There are Currently 140+ Properties w/
Code Compliance Liens.
Many Liens Have Mortgages; Some are
Substantial.
Properties Will Need to be Vetted in
Order to Determine If They Qualify.
| 14
QUESTIONS?
| 15
FORECLOSURE
STAFF
RECOMMENDATIONS
Terry Teunis
Code Compliance Manager
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-4186
Agenda Date: 12/21/2017 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: City Council
Agenda Number: 8.13
SUBJECT/RECOMMENDATION:
Follow-up to citizen concern raised at December 7 council meeting regarding water fee.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/20/2017
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