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02/18/2020Tuesday, February 18, 2020 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Council Work Session Work Session Agenda February 18, 2020Council Work Session Work Session Agenda 1. Call to Order 2. Presentations February Service Awards2. 1 Police Oaths2. 2 3. City Manager Name the city-owned property generally located west of Osceola Avenue to the water between Drew Street to the north and Pierce Street to the south, including the city-owned property on the south side of Pierce Street, known as Coachman Commons; retain the name Coachman Park for the property currently known as such and as described in Resolution 00-30; repeal Resolution 62-70; authorize the appropriate officials to execute same and adopt Resolution 20-09. 3.1 4. Human Resources Amend Clearwater Code of Ordinances Section 2.421 to re-establish a cost of living benefit for police officers and pass Ordinance 9380-20 on first reading. 4.1 5. Parks and Recreation Approve request for qualifications (RFQ) 39-19 agreement with Construction Manager at Risk, Wharton Smith, Inc. of Tampa, Florida, in the amount of $5,788,473 for construction and renovations of Crest Lake Park located at 201 South Glenwood Avenue as designed by Dix.Hite and Partners, Inc. of Longwood, Florida and authorize the appropriate officials to execute same. (consent) 5.1 6. Police Department Approve Amendment No. 1 to Letter of Agreement and Contract with University of North Florida Training and Services Institute, Inc., d/b/a Institute of Police Technology and Management (IPTM) High Visibility Enforcement (HVE) for Pedestrian and Bicycle Safety Grant Award to accept an additional grant award of $40,000 for police overtime, and authorize the appropriate officials to execute same. (consent) 6.1 Page 2 City of Clearwater Printed on 2/13/2020 February 18, 2020Council Work Session Work Session Agenda Authorize a purchase order to Millenium Products Inc. of Saint Petersburg, FL for a Real Time Crime Center (RTCC) package in an amount not to exceed $349,000, pursuant to City Code of Ordinances Section 2.564(1) (d) Other Government Entities Bids, and authorize the appropriate officials to execute same. (consent) 6.2 Approve a professional service agreement and design work order with Harvard Jolly Architecture, Incorporated, of St. Petersburg, Florida, for design of the Countryside Police Operations Center (18-0004-PD) in the amount of $966,230 and authorize the appropriate officials to execute same. (consent) 6.3 7. Fire Department Approve the Memorandum of Agreement between Tampa Bay Health and Medical Preparedness Coalition and Clearwater Fire and Rescue to provide disaster support services and resources to the Coalition and its partners as outlined in the agreement and authorize the Fire Chief or designee of Clearwater Fire and Rescue to execute same. (consent) 7.1 8. Marine & Aviation Approve Joint Participation Agreement (JPA) G1H65 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), adopt Resolution 20-01, authorize a transfer from Airpark Fund reserves of $3,893.00 and authorize the appropriate officials to execute same. 8.1 Approve a proposal from Construction Manager at Risk J.O. DeLotto and Sons, Inc., of Tampa, Florida, in the amount of $1,186,111.00 for the complete replacement of T-Hangar C at the Clearwater Airpark (18-0030-AP) and authorize the appropriate officials to execute same. (consent) 8.2 Approve Clearwater Ferry Services Inc. (CFS) 2020 Spring Break Water Taxi Agreement and authorize the appropriate officials to execute same. (consent) 8.3 9. Legal Request for authority to settle the case of Patricia Vlha v. City of Clearwater, Case No. 19-003290-CI for $75,000.00. (consent) 9.1 Request for authority to settle case of City of Clearwater v. DePriest, Case No. 19-797-CI. (consent) 9.2 10. City Manager Verbal Reports Marquee Discussion10.1 Page 3 City of Clearwater Printed on 2/13/2020 February 18, 2020Council Work Session Work Session Agenda 11. City Attorney Verbal Reports 12. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 13. Closing Comments by Mayor 14. Adjourn 15. Presentation(s) for Council Meeting February Service Awards15.1 Newspaper in Education Week Proclamation - Sue Bedry, Tampa Bay Times 15.2 Page 4 City of Clearwater Printed on 2/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7391 Agenda Date: 2/18/2020 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2. 1 SUBJECT/RECOMMENDATION: February Service Awards SUMMARY: 5 Years of Service Kristen Parete Legal Kyle Harter Public Utilities Linda Rothstein Library Erik Jordan Public Utilities Jonathan Hurt Police 10 Years of Service Julie Villarreal Police Jeremy Kotter Solid Waste Charles Graves Marine & Aviation Annejolina Darsey Schauder Marine & Aviation 15 Years of Service Jariel Candelario Solid Waste Joe Trowell Parks & Recreation Daniel Taban Parks & Recreation Jimmie Evans Parks & Recreation Karen Vaughan Official Records & Legislative Services Michael Delk City Manager’s Office Ellen Ayo Parks & Recreation 20 Years of Service William Dillashaw Engineering/Stormwater 25 Years of Service Joseph Fazio Solid Waste Steven Squillante Police Jeffrey DiVincent Police Timothy Henson Solid Waste Nichole Loux Police Page 1 City of Clearwater Printed on 2/13/2020 File Number: ID#20-7391 Azzilene Byrd Solid Waste Trave Alston Police Page 2 City of Clearwater Printed on 2/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7398 Agenda Date: 2/18/2020 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2. 2 SUBJECT/RECOMMENDATION: Police Oaths SUMMARY: Jakob Blass Marvin Garcia Matthew High APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 20-09 Agenda Date: 2/18/2020 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: City Manager's Office Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Name the city-owned property generally located west of Osceola Avenue to the water between Drew Street to the north and Pierce Street to the south, including the city-owned property on the south side of Pierce Street, known as Coachman Commons; retain the name Coachman Park for the property currently known as such and as described in Resolution 00-30; repeal Resolution 62-70; authorize the appropriate officials to execute same and adopt Resolution 20-09. SUMMARY: The City of Clearwater is developing a waterfront destination area as envisioned by Imagine Clearwater that will include the current Coachman Park along with other city-owned properties along Cleveland Street, South Osceola Avenue and Pierce Street. The City Council wishes to create a destination identity for the entire area encompassed by the Imagine Clearwater plan and maintain the historic identity of the current Coachman Park. Resolution 62-70 includes a portion of land that is currently and has historically been a part of the parking lot between Coachman Park and the former Harborview Center, and not part of the green space of Coachman Park. Further, Resolution 00-30 expanded the area of the Coachman Park and superseded Resolution 62-70. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/13/2020 Resolution No. 20-09 RESOLUTION NO. 20-09 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, NAMING CERTAIN CITY-OWNED PROPERTY GENERALLY LOCATED WEST OF OSCEOLA TO THE WATER BETWEEN DREW STREET TO THE NORTH AND PIERCE STREET TO THE SOUTH INCLUDING THE CITY-OWNED PROPERTY ABUTTING PIERCE STREET TO THE SOUTH, AS “COACHMAN COMMONS”; RETAINING THE NAME “COACHMAN PARK” FOR THE PROPERTY CURRENTLY KNOWN AS SUCH AND AS DESCRIBED IN RESOLUTION 00-30; REPEALING RESOLUTION 62-70; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is developing a waterfront destination area as envisioned by Imagine Clearwater that will include the current Coachman Park along with other City-owned properties along Cleveland Street, South Osceola Avenue and Pierce Street; and WHEREAS, the City Council wishes to create a destination identity for the entire area encompassed by the Imagine Clearwater plan and maintain the historic identity of the current Coachman Park; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The city-owned property generally located between Osceola Avenue and the waterfront, between Drew Street on the North and Pierce Street on the south, including the city-owned property on the south side of Pierce Street, described in Exhibit A hereto, is hereby named Coachman Commons. Section 2. The city-owned park as described in Resolution 00-30, a copy of which is attached hereto as Exhibit B, will retain the name of Coachman Park. Section 3. Resolution 62-70, which previously described the property known as Coachman Park is hereby repealed. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2020. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk 185' DREW ST PIERCE ST MEMO R I A L C S W Y N OSCEOLA AVE CLEVELAND ST S OSCEOLA AVE LAURA ST ² N.T.S.Scale: LOCATION MAP Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM TM286B16-29s-15e 02/12/2020Map Gen By:Reviewed By:S-T-R:Grid #:Date: Path: C:\Users\Christopher.Melone\Desktop\Coachman Commons_ParkRes.mxd Page 1 of 1Aerial Flown 2019 Coachman ParkCoachman CommonsResolution No. 00-30 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9380-20 Agenda Date: 2/18/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Human Resources Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Amend Clearwater Code of Ordinances Section 2.421 to re-establish a cost of living benefit for police officers and pass Ordinance 9380-20 on first reading. SUMMARY: In 2012, Pension Fund changes were collectively bargained between the City and the labor unions. The agreed upon changes were ratified by the Fraternal Order of Police and subsequently approved by City Council and were presented to the citizens of Clearwater through a public referendum. The applicable changes to the Pension Fund applied to the police officers who were not eligible to retire as of the effective date of the ordinance (January 1, 2013). Those changes included: 1.The employees’ pension contribution was increased from 8% to 10% of covered salary. 2.The annual 1.5% COLA was eliminated on all pensionable earnings for years of service after the effective date of the restated ordinance (January 1, 2013). In 2019, at the request of the Fraternal Order of Police, staff began collectively bargaining changes to the Pension Fund for police officers. In January 2020, the City and Fraternal Order of Police reached a tentative agreement that provides for the following changes to the Pension Fund: 1.The annual 1.5% COLA would be resumed for all police officers who are actively employed on or after January 1, 2020. 2.The resumption would include cost-of-living benefits on service earned from January 1, 2013 through January 1, 2020. 3.The COLA would only be paid after a five-year delay. These proposed pension benefit changes have been estimated by the City’s actuary to cost the City approximately $1.36 million in the first year after implementation and approximately $40 million over the next 30 years, equivalent to a discounted present value cost of $18.1 million. The Fund’s actuary has provided the estimated cost for the proposed changes, but the City will also be required to have the actuary complete an actuarial impact statement for the State Division of Retirement, this requirement is underway. On February 5, 2020, the Fraternal Order of Police ratified the proposed changes as stated herein. Page 1 City of Clearwater Printed on 2/13/2020 File Number: 9380-20 Since the proposed changes have been mutually agreed upon, a referendum is not required to implement. APPROPRIATION CODE AND AMOUNT: The cost associated with the City contribution will be based on the annual actuarial analysis and will be included in subsequent budgets. USE OF RESERVE FUNDS: NA Page 2 City of Clearwater Printed on 2/13/2020 1 ORDINANCE NO. 9380-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA; AMENDING CHAPTER 2, ARTICLE V, DIVISION 3, EMPLOYEES PENSION PLAN, TO RE-ESTABLISH A COST-OF-LIVING BENEFIT FOR POLICE OFFICERS; AMENDING SECTION 2.421 OF THE CITY CODE RELATING TO COST-OF-LIVING ADJUSTMENTS FOR POLICE OFFICERS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Clearwater Employees’ Pension Fund (the “Fund”) contains a cost-of-living adjustment for some retirees; WHEREAS, members who are not eligible to retire as of January 1, 2013 are not currently entitled to cost-of-living benefits for service on or after January 1, 2013. WHEREAS, the Fund’s actuary has studied the cost of resuming cost-of-living benefits for police officers who are active members of the Fund on January 1, 2020. WHEREAS, the proposed cost-of-living benefit for police officers would only be paid after a five-year delay. WHEREAS, the Board of Trustees of the City of Clearwater Employees’ Pension Fund has prepared this ordinance in consultation with labor and management. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, THAT: Section 1: Section 2.421(4) of the Code of Ordinances of the City of Clearwater is hereby created to read as follows: Section 2.421. Cost-of-living adjustment. (4) Resumption of COLA for police officers: Notwithstanding anything to the contrary, retirement benefits for all police officers who are actively employed on or after January 1, 2020 shall be increased by an annual cost-of-living adjustment equal to one and one-half percent (1.5%) as set forth below, including cost-of-living benefits on service earned from January 1, 2013 through January 1, 2020. The cost-of-living adjustment shall also apply to beneficiaries and survivors of all police officers who are actively employed on or after January 1, 2020. The cost- of-living shall be payable on each April 1, provided that the eligible police retiree, their beneficiary or survivor, has received at least 60 months of monthly benefits. This subsection is not intended to limit the rights of grandfathered police officers who were eligible to retire prior to January 1, 2013, or the right to pro-rated cost-of-living benefits on service earned prior to January 1, 2013. 2 Coding: Words in strikeout type are deletions from existing text. Words in underline type are additions. Section 2: It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City Clearwater, that the sections of the Ordinance may be renumbered or relettered to accomplish such intentions; and that the word “Ordinance” shall be changed to “Section” or other appropriate word. Section 3: If any clause, section, or other part or application of this Ordinance shall be held in any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and shall not affect the validity of the remaining portions or applications which shall remain in full force and effect. Section 4: All ordinances or parts of ordinances, resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5: This Ordinance shall become effective immediately upon adoption, unless otherwise provided. PASSED ON FIRST READING ____________________ PASSED ON SECOND AND FINAL ____________________ READING AND ADOPTED _________________________________ George N. Cretekos Mayor Approved as to form: Attest: _________________________________ __________________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk November 26, 2019 Mr. Jay Ravins Finance Director City of Clearwater 100 S. Myrtle Avenue Clearwater, Florida 33756 Re: City of Clearwater Employees’ Retirement Plan Scenarios with 30-Year Projections Dear Jay: Gabriel, Roeder, Smith & Company (GRS) has been engaged by the City to prepare projections of an alternative scenario for the City of Clearwater Employees’ Retirement Plan (Plan). This letter presents 30- year projections of the cost of the current pension plan and one alternative scenario. It also includes a discussion of risks associated with measuring the accrued liability and actuarially determined contribution. The results are based on census and asset data as of January 1, 2019. The enclosed exhibits present the following: 1. Baseline Projection: 30-year projections of current pension plan benefits using current assumptions and methods as described in the January 1, 2019 Actuarial Valuation Report dated March 29, 2019 and reflecting the following in the projection: from the period January 1, 2020 through December 31, 2020 the investment return assumption is lowered to 6.65%, from the period January 1, 2020 through December 31, 2021, the investment return assumption is lowered to 6.55%, and from January 1, 2022 and onward, the investment return assumption is lowered to 6.50%. Current pension benefits to Police Officers include the following: • Cost of Living Adjustments (COLAs): 1.5% annually commencing on each April 1 for all retirees and beneficiaries who have received at least 6 monthly benefit payments. For any non- grandfathered members (not eligible for normal retirement on January 1, 2013), there is no COLA for benefits accrued after January 1, 2013. 2. Scenario #1: Same as the Baseline Projection EXCEPT: • Cost of Living Adjustments (COLAs): 1.5% annually on all benefits, including any benefits accrued after January 1, 2013. For any non-grandfathered members (not eligible for normal retirement on January 1, 2013), there is a five-year delay (after the retirement date) until this COLA is applied to benefits accrued after January 1, 2013. This change applies to Police Officers who are active members of the Plan on the Plan change effective date and future Police Officer members. Mr. Jay Ravins November 26, 2019 Page 2 Due to the interaction of previously established negative (credit) amortization bases with newly created positive (charge) amortization bases, the resulting net amortization payment on the Unfunded Actuarial Accrued Liability (UAAL) as of January 1, 2020 is projected to be a very small fraction (only about 2%) of the UAAL, which does not cover the interest on the UAAL. If this were actually the case as of any future valuation date, then we would recommend fresh-starting the UAAL amortization schedule with a single amortization base equal to the total UAAL as of that date (mainly to reduce future volatility and avoid negative amortization). As such, this study reflects a fresh start of the UAAL as of January 1, 2020 in all scenarios. The Plan changes detailed above are assumed to be effective on January 1, 2020. Except as indicated above, all remaining methods, assumptions, and benefits are the same as indicated in our January 1, 2019 Actuarial Valuation Report. Risks Associated with Measuring the Accrued Liability and Actuarially Determined Contribution The determination of the accrued liability and the actuarially determined contribution requires the use of assumptions regarding future economic and demographic experience. Risk measures are intended to aid in the understanding of the effects of future experience differing from the assumptions used in the course of the actuarial valuation. Risk measures may also help with illustrating the potential volatility in the accrued liability and the actuarially determined contribution that results from the differences between actual experience and the actuarial assumptions. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: Plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions due to changing conditions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period, or additional cost or contribution requirements based on the Plan’s funded status); and changes in Plan provisions or applicable law. The scope of an actuarial valuation does not include an analysis of the potential range of such future measurements. Examples of risk that may reasonably be anticipated to significantly affect the Plan’s future financial condition include: 1. Investment risk – actual investment returns may differ from the either assumed or forecasted returns; 2. Contribution risk – actual contributions may differ from expected future contributions. For example, actual contributions may not be made in accordance with the Plan’s funding policy or material changes may occur in the anticipated number of covered employees, covered payroll, or other relevant contribution base; 3. Salary and Payroll risk – actual salaries and total payroll may differ from expected, resulting in actual future accrued liability and contributions differing from expected; Mr. Jay Ravins November 26, 2019 Page 3 4. Longevity risk – members may live longer or shorter than expected and receive pensions for a period of time other than assumed; 5. Other demographic risks – members may terminate, retire or become disabled at times or with benefits other than assumed resulting in actual future accrued liability and contributions differing from expected. The effects of certain trends in experience can generally be anticipated. For example, if the investment return is less (or more) than the assumed rate, the cost of the Plan can be expected to increase (or decrease). Likewise, if longevity is improving (or worsening), increases (or decreases) in cost can be anticipated. The computed contribution amounts may be considered as a minimum contribution that complies with the pension Board’s funding policy and the State statutes. The timely receipt of the actuarially determined contributions is critical to support the financial health of the Plan. Users of this report should be aware that contributions made at the actuarially determined rate do not necessarily guarantee benefit security. Risk Assessment Risk assessment was outside the scope of this report. Risk assessment may include scenario tests, sensitivity tests, stochastic modeling, stress tests, and a comparison of the present value of accrued benefits at low-risk discount rates with the actuarial accrued liability. We are prepared to perform such assessment to aid in the decision-making process. Disclosures and Qualifications This report was prepared at the request of the City of Clearwater, with the authorization of the Board of Trustees for the City of Clearwater Employees’ Pension Plan, and is intended for use by the City of Clearwater and those designated or approved by the City. This report may be provided to parties other than the City only in its entirety and only with the permission of the City. GRS is not responsible for unauthorized use of this report. The purpose of this report is to describe the financial effect of potential changes to Plan benefits. This report should not be relied on for any purpose other than the purpose described. The calculations in this report are based upon information furnished by the Plan Administrator for the January 1, 2019 Actuarial Valuation Report concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. We reviewed this information for internal and year-to-year consistency, but did not audit the data. We are not responsible for the accuracy or completeness of the information provided by the City or the Plan Administrator. Mr. Jay Ravins November 26, 2019 Page 4 Projections are deterministic, meaning that throughout the projection period, Plan experience is expected to exactly match the actuarial assumptions, including the assumed investment return on the market value of assets. Throughout the projections, new members are assumed to be hired each year at a rate sufficient to maintain a constant active headcount. New members are assumed to have the same average demographic characteristics (age, gender, salary – adjusted each year for inflation) at their dates of employment as those of current members hired between January 1, 2014 and January 1, 2019 (during the five-year period ending on the most recent actuarial valuation / census data collection date). The calculations are based upon assumptions regarding future events, which may or may not materialize. They are also based on the assumptions, methods, and plan provisions outlined in this report. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. In the event that more than one plan change is being considered, it is very important to remember that the results of separate actuarial valuations cannot generally be added together to produce a correct estimate of the combined effect of all of the changes. The total can be considerably greater than the sum of the parts due to the interaction of various plan provisions with each other, and with the assumptions that must be used. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. Peter N. Strong and Trisha Amrose are members of the American Academy of Actuaries (MAAA) and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. We welcome your questions and comments. Sincerely yours, Peter N. Strong, FSA, EA, MAAA Trisha Amrose, EA, MAAA Senior Consultant and Actuary Consultant and Actuary This communication shall not be construed to provide tax advice, legal advice or investment advice. 5 $ Amount % of Pay $ Amount % of Pay 2020 84,608,940 9,708,956 11.48%101%84,608,940 9,708,956 11.48%101%0 2021 86,338,301 11,494,306 13.31%99%86,338,301 12,854,956 14.89%98%1,360,650 2022 88,089,098 13,339,099 15.14%97%88,089,098 14,766,901 16.76%97%1,427,802 2023 89,828,550 14,476,246 16.12%96%89,828,550 15,958,797 17.77%96%1,482,551 2024 91,635,712 16,674,650 18.20%95%91,635,712 18,195,645 19.86%94%1,520,995 2025 93,436,907 16,858,148 18.04%95%93,436,907 18,418,206 19.71%94%1,560,058 2026 95,373,286 17,005,178 17.83%95%95,373,286 18,604,117 19.51%95%1,598,938 2027 97,394,672 17,131,977 17.59%95%97,394,672 18,769,332 19.27%95%1,637,355 2028 99,313,628 17,206,684 17.33%96%99,313,628 18,881,297 19.01%95%1,674,613 2029 101,408,386 17,278,471 17.04%96%101,408,386 18,989,486 18.73%96%1,711,015 2030 103,603,150 17,365,934 16.76%96%103,603,150 19,113,196 18.45%96%1,747,262 2031 105,953,933 17,484,215 16.50%96%105,953,933 18,452,757 17.42%96%968,542 2032 108,409,882 17,619,878 16.25%97%108,409,882 18,624,964 17.18%97%1,005,086 2033 110,941,137 17,769,629 16.02%97%110,941,137 18,810,467 16.96%97%1,040,838 2034 113,641,098 17,949,212 15.79%97%113,641,098 19,025,384 16.74%97%1,076,172 2035 116,436,258 18,150,811 15.59%98%116,436,258 19,263,371 16.54%98%1,112,560 2036 119,320,033 18,373,534 15.40%98%119,320,033 19,521,997 16.36%98%1,148,463 2037 122,246,699 18,147,731 14.85%99%122,246,699 19,330,643 15.81%99%1,182,912 2038 125,246,972 17,950,603 14.33%99%125,246,972 19,168,120 15.30%99%1,217,517 2039 128,266,961 16,018,742 12.49%99%128,266,961 17,268,637 13.46%99%1,249,895 2040 131,368,014 14,736,628 11.22%99%131,368,014 16,019,562 12.19%99%1,282,933 2041 134,510,536 14,898,435 11.08%99%134,510,536 16,214,854 12.05%99%1,316,420 2042 137,699,003 15,105,302 10.97%100%137,699,003 16,455,180 11.95%100%1,349,879 2043 140,932,873 15,352,148 10.89%100%140,932,873 16,735,387 11.87%100%1,383,239 2044 144,197,308 15,635,479 10.84%100%144,197,308 17,051,625 11.83%100%1,416,146 2045 147,509,199 15,931,643 10.80%100%147,509,199 17,380,942 11.78%100%1,449,299 2046 150,886,026 16,240,542 10.76%100%150,886,026 17,723,511 11.75%100%1,482,969 2047 154,307,999 15,577,281 10.09%100%154,307,999 17,079,019 11.07%100%1,501,737 2048 157,775,245 15,403,092 9.76%100%157,775,245 16,930,032 10.73%100%1,526,940 2049 161,264,145 15,732,087 9.76%100%161,264,145 17,292,467 10.72%100%1,560,380 Total 482,616,642 522,609,806 39,993,165 Total Present Value at 6.50%218,005,754 236,107,658 18,101,904 Assumptions Investment Return Assumption and Actual Return on Plan Assets Increase in Administrative Expenses Per Year 2.25% No future actuarial experience gains or losses All other assumptions and methods are the same as those used in the January 1, 2019 Actuarial Valuation Report 6.75% from 1/1/2019 to 12/31/2019, 6.65% from 1/1/2020 to 12/31/2020, 6.55% from 1/1/2021 to 12/31/2021, and 6.50% thereafter City of Clearwater Employees' Pension Plan 30-Year Projection of Actuarially Determined Contributions Current Plan Provisions Scenario 1: 1.5% Cost of Living Adjustments (COLAs) with 5-Year Delay on Police Officers' Benefits Accrued after 1/1/2013Actuarially Determined Contribution Funded Ratio on Valuation Date Actuarially Determined Contribution Funded Ratio on Valuation Date Cost / (Savings) as $ Amount Pensionable Pay Fiscal Year Ending Pensionable Pay 6 $0.0 $2.0 $4.0 $6.0 $8.0 $10.0 $12.0 $14.0 $16.0 $18.0 $20.0 $22.0 $24.0 $26.0 $0.0 $2.0 $4.0 $6.0 $8.0 $10.0 $12.0 $14.0 $16.0 $18.0 $20.0 $22.0 $24.0 $26.0 Projected City Contributions ($)(Millions)Fiscal Year End City of Clearwater Employees' Pension Plan 30-Year Projection of City Contribution Requirement Current Plan (No Changes) Scenario 1 (1.5% COLAs with 5-Year Delay on Police Officers' Benefits Accrued after 1/1/2013) Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7480 Agenda Date: 2/18/2020 Status: Approval ReviewVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve request for qualifications (RFQ) 39-19 agreement with Construction Manager at Risk, Wharton Smith, Inc. of Tampa, Florida, in the amount of $5,788,473 for construction and renovations of Crest Lake Park located at 201 South Glenwood Avenue as designed by Dix.Hite and Partners, Inc. of Longwood, Florida and authorize the appropriate officials to execute same. (consent) SUMMARY: On May 2, 2019, Council approved a contract to Dix.Hite + Partners, Inc. to complete the architectural and engineering services for the design of Crest Lake Park renovations. RFQ #39-19 was issued to secure Construction Management at Risk (CMAR) services for the construction and renovations of Crest Lake Park. The evaluation committee recommended Wharton Smith, Inc., of Tampa, Florida, for this project. Wharton Smith joined the Project team immediately after selection and has been consulting on this project and keeping the cost of the project in budget from 30% design until completion. The final cost reflects a project contingency of 5% or $275,642. Some of the elements in this contract include installation of wider sidewalks around the lake and through the park, new lighting in the park, irrigation, landscaping and grassing throughout the park, four new play areas including a spray pad, restrooms, two picnic shelters, improvement to the shoreline of the lake, lighted fountain in the lake, rain gardens to filter storm water, boardwalks and decks in portions of the lake, two volleyball courts and improved parking. A separate art piece will be placed in the park once a call to artist has been completed and commissioned for the park. This is a 270-day contract and will begin once a permit for the project is secured. Completion of the project is scheduled for December 31, 2020. The entire park will be closed during construction including the dog park and veteran’s memorial. Construction will be in two phases so that the southern half of the park can be opened to the public earlier than the final completion date. The Doggie Days parking lot will be closed throughout the project. APPROPRIATION CODE AND AMOUNT: Council approved using BP funds of $6.4 million for this project in FY 2018/19 CIP budget, thus funds are available for this project in Capital Improvement Project 315-93650. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7460 Agenda Date: 2/18/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve Amendment No. 1 to Letter of Agreement and Contract with University of North Florida Training and Services Institute, Inc., d/b/a Institute of Police Technology and Management (IPTM) High Visibility Enforcement (HVE) for Pedestrian and Bicycle Safety Grant Award to accept an additional grant award of $40,000 for police overtime, and authorize the appropriate officials to execute same. (consent) SUMMARY: On October 3, 2019, City Council granted approval of an Agreement with University of North Florida Training and Service Institute (University) for phase 7 of the state HVE program to continue its grant-funded pedestrian and bicycle safety project with Clearwater Police Department (CPD). CPD has conducted six grant-funded comprehensive enforcement/education projects since March 2014 aimed at changing the behavior of all who use Clearwater’s roadways - pedestrians, bicyclists, and motorists. The 2019 Agreement provided funding for a seventh round of funding for this very successful project which is currently underway. On January 14, 2020, the University extended an invitation to CPD to request an additional $40,000 in funding in order to expand the current project. The University requested and received approval from the Florida Department of Transportation to amend the agreement approved by Council on October 3, 2019, to reflect the additional allocation of $40,000, which increases the total contract amount from $40,000 to $80,000. The funds will be utilized by CPD to conduct additional HVE details at the intersections selected and approved by the University based on crash data. The project period will end on or before May 15, 2020. There will be no direct adverse impact to the Police Department annual operating budget nor is there a required match. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment in special program G2003, Pedestrian/Bicycle Safety Grant 2020, will reflect a budget increase of grant revenue in the amount of $40,000 to account for the additional grant revenues and expenditures. Page 1 City of Clearwater Printed on 2/13/2020 File Number: ID#20-7460 Page 2 City of Clearwater Printed on 2/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7461 Agenda Date: 2/18/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Authorize a purchase order to Millenium Products Inc. of Saint Petersburg, FL for a Real Time Crime Center (RTCC) package in an amount not to exceed $349,000, pursuant to City Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Police Department seeks approval to purchase technology and equipment to implement a Real Time Crime Center (RTCC). A RTCC furthers the City Council’s strategic direction initiatives to optimize use of employees, assets, and resources; provides access to public-private organizations and resources; and reinforces standing as a safe community. A RTCC provides an advanced command center for the police department to centralize a wide and expanding range of technologies and data sources for efficient and effective policing. The technology and data the department seeks to leverage includes traffic cameras, security cameras (public and private), license plate reader technologies, records management systems, video analytics, and other instruments that analyze open source data. The RTCC will allow for the department to identify and intervene in public safety matters earlier and with a greater level of situational awareness, increase safety at public spaces with a higher utilization and occupancy, areas that have a higher potential risk for mass casualty incidents, and places where crime data and call data revealed a reoccurring quality of life concerns. Representatives of the police department visited over six operational Florida RTCCs and studied many others, to identify the tools and technologies that provide the most value to Clearwater. The department will staff the RTCC with existing personnel. There are no new FTE(s) associated with this project. Millenium Products Incorporated RTCC package includes only those products the police department deems necessary to create a successful RTCC. The pricing of the products and equipment in the package are all covered under GSA Contract GS-07F-0031W and are listed in the quote included with this agenda item. The total cost of the Millenium Products Inc. RTCC package is $326,201.27. This agenda item includes a project contingency of $22,798.73, for a total request not to exceed $349,000. APPROPRIATION CODE AND AMOUNT: The Department anticipated this purchase and established capital improvement project P1902 - Police Information Systems in fiscal year 2018/2019 to fund this project. In subsequent years, Page 1 City of Clearwater Printed on 2/13/2020 File Number: ID#20-7461 the impact to the Police Department’s operating budget will include an increase for maintenance agreements estimated at around $60,000. Page 2 City of Clearwater Printed on 2/13/2020 GSA Quote Date:12/2/2019 Millenium Quote #:2019-276 To:Clearwater PD GS-07F-0031W Millenium Rep: DG Total: Website: 888-901-7430Toll Free #: Fax: Email: 801-469-7778 621 Monte Cristo Blvd St. Petersburg, FL 33715 info@milleniumproducts.net https://milleniumproducts.net Proven Results . Powerful Solutions . DUNS # 102694671CAGE # 3DNW8 Federal ID # 86-1159194 GS-07F-0231N: Air Compressors, Generators Light Towers, Fuel Tanks & Trailers GS-07F-5791R:Traffic Safety Equipment GSA Purchase Orders must indicate the GSA contract number in order to receive pricing on this quote. Orders received not indicating a GSA contract number can be accepted at open market pricing only. Your governmental agency is eligible for the following GSA pricing on GSA Contract: We are happy to be of service. Let us know how we may be of service to you. Sincerely, David Godfrey, Email: dgodfrey@milleniumproducts.net Service Disabled Veteran Owned Small Business (SDVOSB) GS-07F-0031W:Surveillance Equipment Generators • Portable Light Towers • Traffic Safety equipment • Surveillance Equipment • Fuel Trailers • Air Compressors License Plate Reader/ALPR Systems • Portable Perimeter Security Fence Systems • Portable Walk-Through Metal Detectors Purchase/Credit Card Fee: Add 2.9% Quotes valid for 30 days unless otherwise indicated Since 1999 Item/Model #:Item Description:Qty:Unit Rate:Total GSA Price: RTCC Package 7W-5M RTCC Package 7W-5M Includes 1 Video Wall, Switch, 7 Workstations including 70" Desks (4ea with l/r return), Chairs, File Box, 4ea Touch Monitors, Desk Light, 8' Conference Table, 6 Highback Executive Chairs, 2 Side/Club Chairs with End Table, 1ea 65" TV, 4ea 46" TV, All TVs with telescoping mounts, Smart White Board, In-Ceiling Audio, LED Dimmable Light Panels with Control Module, Cables, Wiring, Mounting, Installation, Configuration, Software Subscriptions: Live Earth 3 Year Subscription with DOT, Traffic Cams, Vigilant LPR, CAD, and Milestone Video Integration, BriefCam Investigator, BriefCam Video RapidReview (max 50 Camera License), BriefCam Server, First Two VSS-RTCC-B1 Real Time Crime Center (RTCC) Base1 123,431.74 123,431.74 VSS-RTCC-WS RTCC Workstation Standard3 4,333.50 13,000.50 VSS-RTCC-WE RTCC Workstation Extended4 4,635.76 18,543.04 VSS-RTCC-CON8 RTCC Conference 81 8,438.24 8,438.24 VSS-RTCC-SIDE RTCC Side Area Seating1 1,701.76 1,701.76 VSS-RTCC-WALLM-65 RTCC Wall Monitor 65-in TV1 1,410.58 1,410.58 VSS-RTCC-WALLM-46 RTCC Wall Monitor 46-in TV4 755.67 3,022.68 LE-BASE-S LiveEarth Base Subscription - Small1 27,500.00 27,500.00 LE-CON-B LiveEarth Basic Connector1 1,500.00 1,500.00 LE-CON-S LiveEarth Standard Connector1 4,900.00 4,900.00 IV-BAS-001 BriefCam Video Investigator1 15,000.00 15,000.00 RR-BAS-001 BriefCam Video RapidReview1 20,300.00 20,300.00 BC-SR-42 BriefCam Server1 25,899.70 25,899.70 VSS-VISUALINT Visual Intelligence Software Monthly 100 Police, Fire, Law Enforcement Software Monthly Subscription 100 Officers 1 4,800.00 4,800.00 SIN 84-500 RTCC Installation1 56,753.03 56,753.03 Quote Valid thru March 30, 2020 $326,201.27 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7463 Agenda Date: 2/18/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Approve a professional service agreement and design work order with Harvard Jolly Architecture, Incorporated, of St. Petersburg, Florida, for design of the Countryside Police Operations Center (18-0004-PD) in the amount of $966,230 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Countryside Police Operations Center located at 2851 McMullen-Booth Road, Clearwater, was built in 1983. The operational features and functional systems are obsolete by current police standards. The main building was designed prior to the implementation of the Accessibility Code and access to amenities is not in compliance with current requirements. Due to the structure’s age and obsolete functional systems, the station merits replacement. October 2019, a Request for Qualifications (RFQ 09-20) was issued seeking an architectural firm to design the replacement for the Countryside Police Operations Center. The RFQ selection committee, consisting of four representatives from the Police and Engineering departments, conducted interviews with three of the six architectural firms that submitted qualifications. The committee selected Harvard Jolly Architecture to design the replacement Countryside Police Operations Center based on the broad amount of relevant experience designing similar projects. The primary goal in the redevelopment of this facility is to provide the Clearwater Police Department with a hardened command center and personnel shelter for use during a Category 5 hurricane. Anticipated services include, but are not limited to design development, cost estimating, construction drawings, specifications, bid documents, as-needed permit(s) acquisition and post-design construction services through the duration of the project. The design and construction shall include environmentally sustainable high-performance systems, materials and landscaping. Design is anticipated to be complete by November 2020. The City plans to procure a Construction Manager at Risk firm to construct the substation and estimates bringing that selection to Council in June 2020. Page 1 City of Clearwater Printed on 2/13/2020 File Number: ID#20-7463 APPROPRIATION CODE AND AMOUNT: PD00180001-DSGN-PROSVC $966,230 Funds are available in capital improvement project PD00190001, Police District 3 Substation, to fund this work order. Page 2 City of Clearwater Printed on 2/13/2020 WORK ORDER INITIATION FORM 1 of 13 Revised: 7/22/2019 Harvard Jolly Architecture WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: 1/31/20 Consultant Project Number: 20002.00 City Project Number: 18-0004-PD City Plan Set Number: 2020001 1. PROJECT TITLE: Design Consulting Services – Clearwater Police Department District 3 Substation 2. SCOPE OF SERVICES: The project scope shall include Architectural Design, Structural Engineering, Mechanical/Electrical/ Plumbing/Fire Protection Engineering, Civil Engineering, Geotechnical Engineering, Landscape and Irrigation Design, Site Lighting, Interior Design, Furniture Selection and Procurement, IT and Communications Design, Security Design, Audio/Visual Design, and Rendering services. Acoustical analysis of the existing gun range will also be provided. I. SCHEMATIC DESIGN PHASE 1. HJA shall produce a Schematic Design (SD) package including design documents and project narratives. The SD package shall include schematic architectural site plans, schematic floor plans, and (2) photo-realistic renderings. Our interior designers will also meet with you to establish basis of design concepts in key spaces, offices and public areas. We will have narrative descriptions for all disciplines. HJA shall submit the 100% SD package to the City for review and approval. 2. HJA shall coordinate with the Construction Manager (CM) on producing a Schematic Design cost estimate, and/or provide a square foot-based cost estimate to the City. 3. Based on the site plan provided in the Long and Associates report, HJA’s structural engineer and civil engineer have recommended locations for geotechnical borings. HJA’s geotechnical consultant will complete such borings and analysis. II. DESIGN DEVELOPMENT PHASE 1. HJA shall produce a Design Development (DD) package based upon approved SD documents. The DD package shall include: a. Architectural Site i. Architectural site plan WORK ORDER INITIATION FORM 2 of 13 Revised: 7/22/2019 b. Architectural i. Code analysis ii. Life safety plans iii. Architectural floor plans iv. Furniture, fixtures and equipment plans v. Building elevations vi. Building sections vii. Typical wall sections viii. Roof plans ix. Reflected ceiling plans x. Door schedules xi. Typical exterior glazing elevations xii. Typical casework elevations c. Interior Design i. Preliminary color and material selections ii. Illustrations including specially designed items or elements d. Structural Engineering i. Preliminary foundation plan and wall design ii. Preliminary framing plans e. Fire Protection i. Preliminary fire protection performance criteria indicating area hazard classifications and fire suppression system types used ii. Preliminary fire suppression plans iii. Preliminary standpipe and sprinkler schematics f. Fire Alarm i. Preliminary fire alarm system plans g. Mechanical Engineering i. Preliminary HVAC duct and equipment plans ii. Preliminary HVAC piping plans iii. Preliminary equipment schedules iv. Building load analysis h. Plumbing Engineering i. Preliminary domestic water, hot water, waste and vent plans ii. Preliminary plumbing fixture schedules i. Electrical Engineering i. Preliminary power plans ii. Preliminary panelboard schedules and one-line diagrams iii. Preliminary lighting plans and schedules iv. Preliminary site power, lighting and telecommunication plan v. Preliminary generator sizing vi. Preliminary solar energy specification based on design-build approach j. Communications, Technology, Security, Audio Visual Design i. Telecommunications room layouts ii. Preliminary plans for communications, data, CATV, A/V, and security equipment infrastructure. Security system to follow City standards. WORK ORDER INITIATION FORM 3 of 13 Revised: 7/22/2019 iii. Preliminary data and telecommunications one-line diagrams iv. Outline or schedule of communications systems k. Civil Engineering i. Preliminary utility research ii. Preliminary potable water demand and analysis of fire hydrant flow information to determine adequacy of existing water supply flow/pressure iii. Preliminary stormwater calculations and system design iv. Preliminary engineering design plan including potable water distribution system, site fire protection system, sanitary sewer collection system layout, stormwater treatment pond and/or vault configurations, and locations of proposed sidewalks, building setbacks and general pavement dimensions. A site data chart will be included on the plan. v. Preliminary drawings for rehab or replacement of the on-site lift station l. Landscape Architecture i. Landscape buffers defined ii. Tree mitigation requirements iii. Preliminary planting and irrigation plans m. Outline specifications for all disciplines 2. At the completion of the Design Development phase, HJA shall provide the DD package to the City for review and approval. 3. HJA shall coordinate with the Construction Manager (CM) on producing a Design Development cost estimate. III. CONSTRUCTION DOCUMENTS PHASE 1. HJA shall produce a Construction Documents package based upon approved DD documents. The CD package shall include: a. Architectural Site i. Architectural site plan ii. Typical architectural site details b. Architectural i. Code analysis ii. Life safety plans iii. Demolition plans and requirements iv. Architectural floor plans v. Furniture, fixtures and equipment plans vi. Building elevations vii. Building sections viii. Wall sections and details ix. Roof plans and details x. Reflected ceiling plans and details xi. Enlarged detail plans as needed xii. Door and hardware schedules, elevations and details xiii. Exterior and interior glazing elevations and details xiv. Casework elevations and details xv. UL assemblies xvi. Plan details as needed WORK ORDER INITIATION FORM 4 of 13 Revised: 7/22/2019 c. Interior Design i. Finish schedule ii. Floor pattern plans as needed iii. Interior elevations as needed iv. Interior finish details as needed d. Structural Engineering i. Foundation plan and wall design ii. Framing plans iii. Structural member sizes and type of construction iv. Code required structural calculations v. Wall sections and details e. Fire Protection i. Fire protection performance criteria indicating area hazard classifications and fire suppression system types used. Statement of codes used and design requirements. ii. Fire suppression plans showing locations of water mains, valve and alarm assemblies and risers iii. Standpipe and sprinkler schematics f. Fire Alarm i. Fire alarm system plans g. Mechanical Engineering i. HVAC duct and equipment plans ii. HVAC piping plans iii. Enlarged equipment room plans iv. Equipment schedules v. HVAC sections and details as required vi. HVAC equipment diagrams vii. HVAC controls diagrams and sequences of operation viii. Building HVAC loads h. Plumbing Engineering i. Domestic water, hot water, waste and vent plans ii. Enlarged equipment room plans for hot and cold water generation systems as needed iii. Plumbing fixture schedules iv. Plumbing riser diagrams and details i. Electrical Engineering i. Electrical power plans ii. Panelboard schedules and one-line diagrams iii. Lighting plans and schedules iv. Electrical equipment room layouts v. Site power, lighting and telecommunication plan vi. Generator sizing j. Communications, Technology, Security, Audio Visual Design i. Telecommunications room layouts showing proposed rack and cabinet layouts, cable tray layout, locations of conduit pathways to floors above and locations of computer room air conditioning units ii. Telecommunications infrastructure plan iii. Lightning protection plans and details WORK ORDER INITIATION FORM 5 of 13 Revised: 7/22/2019 iv. Grounding for communication equipment plans and details v. Communications, data, CATV, A/V, and electronic security infrastructure plans including device locations and major raceway locations. Security system to follow City standards. vi. Data and communications one-line diagrams. vii. Schedule of communications systems including duct banks and raceways, security systems, A/V systems, and technology equipment indicating what is to be provided and/or installed by the GC and what is to be provided and/or installed by the City. k. Civil Engineering i. Dimension plan for paving, parking, buildings, utilities, and other site features ii. On-site paving, grading and drainage plan iii. On-site water distribution system with fireline (with connection to an existing water main within the project limits) iv. Sanitary sewer collection system with a rehab or replacement of the on- site lift station with force main connection to the collection system v. Reclaimed water connection to site vi. Appropriate cross-sections, construction details and plan specifications l. Landscape Architecture i. Tree mitigation requirements ii. Planting plans, schedules and details iii. Irrigation plans, schedules and details m. Full specifications for all disciplines 2. HJA shall issue the Construction Documents package to the City and Construction Manager for bidding and permitting. 3. HJA shall coordinate with the Construction Manager (CM) on producing a Construction Documents cost estimate. IV. BIDDING PHASE 1. HJA shall provide the documents to the City and/or Construction Manager for permit application. 2. HJA shall respond in writing to plan review comments and issue addenda as necessary to address comments. 3. HJA shall attend a pre-bid conference as scheduled by the Construction Manager. 4. HJA shall respond in writing to pre-bid RFIs and requests for substitution and issue addenda as necessary for clarification. V. CONSTRUCTION ADMINISTRATION PHASE 1. HJA shall participate in Owner/Architect/Construction Manager meetings and provide field reports on construction progress twice per month. 2. HJA shall respond to the Construction Manager’s requests for information within 7 calendar days. 3. HJA (or the appropriate sub-consultant) shall review and approve shop drawings and product data provided by the Construction Manager. HJA shall be allowed 15 days to review submittals, or 21 days for submittals that require reviews by HJA’s consultants. WORK ORDER INITIATION FORM 6 of 13 Revised: 7/22/2019 4. HJA shall review change orders, contingency use authorizations, etc. 5. HJA shall issue Architect’s Supplemental Instructions and Proposal Requests as necessary. 6. HJA shall review and participate in the creation of the CM’s punch list, certify that the work is satisfactorily completed, and issue certificates for Substantial and Final Completion. 7. HJA will review and approve/sign the CM’s Application and Certification for Payment. 8. HJA shall advise and consult with the City during the Construction Phase Services. HJA shall have authority to act on behalf of the City only to the extent provided in this Agreement. HJA shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall HJA be responsible for the Construction Manager’s failure to perform the Work in accordance with the requirements of the Contract Documents. HJA shall be responsible for HJA’s and our consultants’ negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. 9. HJA shall visit the site at intervals appropriate to the stage of construction, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, HJA shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the twice monthly site visits, HJA shall keep the City reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the City (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Construction Manager, and (3) defects and deficiencies observed in the Work. VI. FURNITURE PLANNING 1. Harvard Jolly Interiors shall create a furniture checklist to evaluate available products and identify those that best meet project requirements. The checklist will facilitate a consistent approach during furniture product inquiry and evaluation, enable effective design team and client communication, and provide a framework for comparing products and evaluating the best product to meet the client’s budget. The furniture planning process includes the following: a. Project management b. Needs analysis c. Facilitation of user group meetings d. Budget management and variance reporting e. Planning and Programming of new furniture based off of products available on State of Florida Contract f. Online access to detailed furniture specifications g. Evaluation of furniture choices for their durability, flexibility to be reconfigured and moved, ergonomics, ease of maintenance, warranties, availability of replacement components WORK ORDER INITIATION FORM 7 of 13 Revised: 7/22/2019 h. Coordination of technical data with architects and engineers i. Technical drawings of furniture placement and furniture codes j. Furniture specification spreadsheets with finishes (electronically) k. Assist the Owner with review of Dealership Quotes (The furniture dealer will be responsible for checking actual quantities based on the coded and approved plans and specifications) l. Assistance with the Coordination of Procurement (by the City) m. Installation - Available to assist the Owner on site (if required) n. Post Occupancy evaluation o. On site Meetings and site visits shall be limited to five (5). VII. POST CONSTRUCTION 1. HJA will provide a one-year warranty review report when requested by the City. VIII. COMMISSIONING 1. HJA’s consultant MEP firm will provide Commissioning services needed to comply with Minimum Florida Building Code requirements. This firm would act as the Commissioning Agent and would provide the following tasks: a. Create a Commissioning plan outlining responsibilities for Owner, Commissioning agent and contractors. b. Provide checklists for contractors to complete during construction. c. On site observations to confirm checklist items completed. d. HVAC controls validation e. Lighting controls validation f. Documentation of all efforts in a Commissioning report g. General Administrative efforts. 3. PROJECT GOALS: We understand the project scope to be architectural and engineering services for a new Clearwater Police Department District 3 Substation (PDS3), located on 2851 McMullen-Booth Road, Clearwater, Florida. The new station will be a replacement of the existing station on the same site. The primary goal in the redevelopment of this facility is to provide the Clearwater Police Department with a hardened command center and personnel shelter for use during a Category 5 hurricane. The building will be designed for resiliency. It will be designed for a minimum 50-year service life and will be designed to resist wind pressures of a low-end Category 5 hurricane. The total project budget is $12 million (2019 dollars). The design is to follow Concept Plan Scheme 1 of the Facility Redevelopment Master Plan completed by Long and Associates in 2018, which is attached for reference. Access to the existing canine and impound lots and gun range shall be maintained at all times during design and construction. The project will be designed to meet the sustainable design guidelines of a LEED Silver building but will not be certified. The project will be constructed via the Construction Manager at Risk (CM) process. As part of the project, the City would like to look into additional sound mitigation for the existing gun range as well as replace or rehab the existing lift station. 4. BUDGET: This price includes all labor and expenses anticipated to be incurred by Harvard Jolly Architecture for the completion of these tasks in accordance with Task 3 Professional Services WORK ORDER INITIATION FORM 8 of 13 Revised: 7/22/2019 Method “A” costs times a multiplier and Tasks 1-2 Professional Services Method “B” – Lump Sum – Percentage of Completion by Task for a fee not to exceed Nine Hundred Sixty Six Thousand, Two Hundred Thirty Dollars ($966,230.00). Any required permit agency application fees will be considered a direct expense to the Owner and are not included. 5. SCHEDULE: Upon Notice to Proceed, the design team will have the following schedule to complete the design: Schematic Design: 2 months Owner Review: 3 weeks Design Development: 2 months Owner Review: 3 weeks Construction Documents: 3 months HJA will provide 3 weeks in between each design phase for Owner review and approval and pricing. HJA will not proceed into the next design phase until the City provides review comments as necessary and written authorization to proceed into the next phase. 6. STAFF ASSIGNMENT (Consultant): Ward Friszolowski, Principal in Charge Amy Weber, Project Manager Emmet Van Aken, Project Architect Jeff Coulter, Designer/Production & Construction Administrator Michelle Hackenwerth, Interior Designer Jim Clees, Landscape Architect 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Amy Weber a.weber@harvardjolly.com Office Phone: 727-896-4611 Cell Phone: 727-452-8321 All City project correspondence shall be directed to: Ivan Dimitrov with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: WORK ORDER INITIATION FORM 9 of 13 Revised: 7/22/2019 City of Clearwater, Engineering Department Att. Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748. City Invoicing Code: PD00180001-DSGN-PROSVC 9. INVOICING PROCEEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order, Project and Invoice Numbers and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period D. Contract billing method – Lump Sum or Cost Times Multiplier E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If 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. 1. This proposal expires 30 days from the date of this proposal. Accordingly, base bid pricing and hourly rates are subject to increase after the time period noted. 2. The City will provide a site survey and a hazardous materials survey and hazardous materials removal. 3. Furniture selection will utilize State Contract. 4. Cost estimating is limited to per-square-foot cost estimates. Detailed cost estimating is assumed to be provided by the Construction Manager and is therefore excluded. Harvard Jolly can provide detailed cost estimating services upon request for an additional fee. 5. The programming and site evaluation/selection process by Long and Associates is assumed to be accurate and complete. HJ’s proposal includes a cursory review of the Long and Associates program, but does not include a complete building programming process. 6. The following services are excluded from the fee proposal above: a. Traffic study b. Detailed cost estimating c. As-Built Documents d. Energy Model (Beyond FBC Requirements) e. LEED/Green Globes/other Sustainability Certification f. Commissioning beyond minimum Florida Building Code requirements g. Accelerated/fast track scheduling h. Selection of artwork and accessories i. Virtual reality renderings WORK ORDER INITIATION FORM 10 of 13 Revised: 7/22/2019 j. Measured drawings k. Development of Building Information Models for post-construction use l. Life cycle cost analysis m. On-site project representation n. Post-occupancy evaluation o. Facility support services p. Architect’s coordination of the City’s consultants q. Threshold inspections r. Changes initiated by the Owner after approvals s. Any service not specifically listed 7. Additional services will only be undertaken upon written approval of the client. Additional services shall constitute work not described (or in excess of that described) in this proposal. Estimates can be provided upon request. 8. The City and CPD agree to render decisions in a timely manner so as not to delay the orderly and sequential progress of HJA’s services. Document review comments shall be furnished by the City/CPD, and HJA shall be entitled to rely upon the accuracy and completeness therof. 9. Deliverables are to be provided at the 100% completion of each design phase: Schematic Design, Design Development and Construction Documents. Owner Review periods are provided in HJA’s schedule at the completion of Schematic Design and Design Development. 10. Any required permit agency application fees will be considered a direct expense to the Owner and are not included. 11. Application preparation and attendance at public meetings for variances, conditional use permits, special exemptions or re-zonings are not anticipated as a requirement and are not included. 12. As-Built PDF and/or CAD drawings are not included in this proposal. HJA can provide As- Built drawings based on Construction Manager redlines, but the extent of this scope cannot be determined until HJA receives the contractor’s markups. Upon completion of construction and receipt of the Construction Manager’s markups, HJA can provide a proposal to the City for this service. Civil site Record Drawings, showing appropriate record information based on survey data supplemented with Project annotated record documents received from the Contractor, are included and will be furnished to the City and applicable governmental authorities. 13. HJA shall perform our services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. We shall perform our services as expeditiously as is consistent with such professional skill and care and the orderly progress of the project. 14. The City shall include HJA in all communications with the Construction Manager that relate to or affect HJA’s services or professional responsibilities. The City shall promptly notify HJA of the substance of any direct communications between the City and the Construction Manager otherwise relating to the Project. Communications by and with HJA’s consultants shall be through HJA. WORK ORDER INITIATION FORM 11 of 13 Revised: 7/22/2019 15. To the fullest extent permitted by law, the City agrees to limit HJA’s total liability for the City’s damages to the amount of Two Million Dollars ($2,000,000), covering claims arising out of the performance of professional service under this Agreement and caused by error, omission or negligent acts for which HJA is legally liable. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. PREPARED BY: APPROVED BY: ________________________ ________________________ Amy Weber, AIA Tara Kivett, PE Vice President City Engineer Harvard Jolly Architecture City of Clearwater 1/31/20 ___________________ Date Date Attachment “A” WORK ORDER INITIATION FORM 12 of 13 Revised: 7/22/2019 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address Tom.Mahony@myClearwater.com. All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “B” WORK ORDER INITIATION FORM 13 of 13 Revised: 7/22/2019 Clearwater Police Dept. Substation 3 Harvard Jolly Architecture WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total 1.0 Architectural and Engineering Services* 1.1 Schematic Design $29,106 $112,400 $141,506 1.2 Design Development $41,106 $100,400 $141,506 1.3 Construction Documents $78,687 $168,948 $247,635 1.4 Bidding $9,527 $25,850 $35,377 1.5 Construction Administration $32,106 $109,400 $141,506 Subtotal $707,530 2.0 Other Services 2.1 Civil Engineering $60,000 $0 $60,000 2.2 Lift Station Design $8,000 $0 $8,000 2.3 Landscape and Irrigation Design $0 $25,000 $25,000 2.4 Geotechnical Engineering $13,500 $0 $13,500 2.5 Interior Design $0 $35,000 $35,000 2.6 Furniture Selection and Procurement $0 $25,000 $25,000 2.7 IT/Communications/Security/Audiovisual Design $32,200 $0 $32,200 2.8 Renderings $0 $10,000 $10,000 2.9 Acoustical Analysis Allowance $0 $20,000 $20,000 2.10 As-Built Documents NIC** NIC** NIC** 2.11 Commissioning Services $10,000 $0 $10,000 Subtotal 238,700 Subtotal, Labor and Subcontractors $946,230 Permit Review Fees NIC 3.0 Other Direct Costs (prints, photocopies, postage, etc.) $20,000 Grand Total $966,230 * Includes architectural services, structural engineering, and mechanical/plumbing/electrical/fire protection engineering **Proposal can be provided at construction completion at City’s request. RFQ #09-20, EXHIBIT A STANDARD TERMS AND CONDITIONS 1 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, consultant, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will RFQ #09-20, EXHIBIT A STANDARD TERMS AND CONDITIONS 2 require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. RFQ #09-20, EXHIBIT A STANDARD TERMS AND CONDITIONS 3 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. RFQ #09-20, EXHIBIT A STANDARD TERMS AND CONDITIONS 4 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. RFQ #09-20, EXHIBIT A STANDARD TERMS AND CONDITIONS 5 S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. RFQ #09-20, EXHIBIT A STANDARD TERMS AND CONDITIONS 6 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. RFQ #09-20, EXHIBIT A STANDARD TERMS AND CONDITIONS 7 S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will RFQ #09-20, EXHIBIT A STANDARD TERMS AND CONDITIONS 8 without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The agreement will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the agreement will be referred to the administrator for resolution. Supplements may be written to the agreement for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. RFQ #09-20, EXHIBIT A STANDARD TERMS AND CONDITIONS 9 S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. RFQ #09-20, EXHIBIT C INSURANCE REQUIREMENTS Consulting Services – PDS3 8 RFQ #09-20 5. EXPERIENCE & QUALIFICATIONS. Respondents must demonstrate the necessary ability, financial resources, and experience to perform the work in a satisfactory manner. Each respondent shall demonstrate a thorough understanding of the City’s planning and development codes and policies and procedures as it relates to land development and construction. Past experience providing design and construction administration service of building projects, particularly police stations. 6. INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A- VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the Contractor is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Contractor’s Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. f. Pollution Liability Insurance Coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the RFQ #09-20, EXHIBIT C INSURANCE REQUIREMENTS Consulting Services – PDS3 9 RFQ #09-20 work/transport in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition when requested in writing from the City, Contractor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing, RFQ #09-20 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. SR 580 LANDMARK DR N McMULLEN BOOTH RD ENTERPRISE RD E RIGSBY LN ALLEN AVE DEER RUN S DEER RUN N DANIEL ST BURNTFORK DR WILDWOOD DR MEADOW OAK DR EHEATHER TRL CASCADE DR LOCATION MAP PROJECTSITE ^ ² N.T.S.Scale: Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1Date:1/27/2020 Proposed Countryside Police Operations Center2851 McMullen Booth Rd. Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\2851 McMullen Booth Rd Loc.mxd Safety Harbor 212AGrid #:28-28s-16eS-T-R:WDMap Gen By:IDReviewed By: Purchasing Office 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS Design Consulting Services – Clearwater Police Department District 3 Substation RFQ #09-20 October 18, 2019 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, November 19, 2019 to provide Professional Design Consulting Services for the Clearwater Police Department District 3 Substation. Brief Description: The City of Clearwater is seeking a firm to provide design services for redevelopment of the Clearwater Police Department District 3 Substation located at 2851 McMullen-Booth Road, Clearwater, Florida. Responses must be in accordance with the provisions, specifications and instructions set forth herein and will be received by Purchasing until the above noted time, when they will be publicly acknowledged and accepted. This Request for Qualifications, any attachments and addenda are available for download at https://www.myclearwater.com/business/rfp. Please read the entire solicitation package and submit the response in accordance with the instructions. This document (less this invitation and the instructions) and any required documents, attachments, and submissions will constitute the response. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement contact below: This Request for Qualifications is issued by: Lori Vogel, CPPB Sr. Procurement Analyst Lori.Vogel@myclearwater.com INSTRUCTIONS Consulting Services – PDS3 2 RFQ #09-20 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the Contact listed on Page One (1). Questions should be submitted in writing via letter, fax or email. Questions received less than seven (7) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website and mailed to those who register on the City website when downloading solicitations no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their response. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a response. i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: November 19, 2019 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted and will record the names and other information specified by law and rule. All responses become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, responses are available for inspection by contacting Purchasing. i.4 SUBMIT RESPONSES TO: Use label at the end of this solicitation package City of Clearwater Attn: Purchasing 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Responses will be received publicly at this address. Respondents may mail or hand-deliver responses. E-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a response that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City Purchasing Office as the official time. i.6 LOBBYING. Any communication regarding this solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is prohibited. This section shall not prohibit public comment at any City Council meeting, study session or Council committee meeting. This prohibition shall not apply to communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to clarification of responses, presentations if provided in the solicitation, contract negotiations, protest/appeal resolution, or surveying non- responsive vendors. INSTRUCTIONS Consulting Services – PDS3 3 RFQ #09-20 i.7 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page One (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the response. Respondents are cautioned to verify their responses before submission, as amendments to or withdrawal of responses submitted after time specified for opening of responses may not be considered. The City will not be responsible for any respondent errors or omissions. i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses shall be submitted on the forms provided. An original and the designated number of copies of each response are required. Responses, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the response is not properly signed or if any changes are not initialed, it may be considered non-responsive. The City may require that an electronic copy of the response be submitted. The response must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the response. i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a (sub)contractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the respondent shall include a letter with its response identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A response from a respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to reissue the solicitation; to reject non-responsive or non-responsible responses; to reject unbalanced responses; to reject responses where the terms and/or awards are conditioned upon another event; to reject individual responses for failure to meet any requirement; to award by part or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any response. The City may seek clarification of the response from respondent at any time, and failure to respond is cause for rejection. Submission of a response confers on respondent no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a respondent may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the procurement process, including respondents and contractors. To achieve the purpose of this Article, it is essential that respondents and contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: INSTRUCTIONS Consulting Services – PDS3 4 RFQ #09-20 a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or prospective respondents and affiliates. i.14 PROTESTS AND APPEALS. If a respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its response, and/or believes the selected response is not in the City’s best interests, the respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policies and Procedures. If any discrepancy exists between this Section and the Procurement Rules, the language of the Procurement Rules controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the opening must be filed with the Purchasing Manager no later than five (5) business days before Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting Purchasing. ADDRESS PROTESTS TO: City of Clearwater - Procurement Office 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Consulting Services – PDS3 5 RFQ #09-20 i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of City employees and/or authorized agents. The City staff may or may not initiate discussions with respondents for clarification purposes. Clarification is not an opportunity to change the response. Respondents shall not initiate discussions with any City employee or official. i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and the technical response. All responses must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the response complies with the instructions for submitting responses including completeness of response which encompasses the inclusion of all required attachments and submissions. The City must reject any responses that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the respondent is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: past performance, references (including those found outside the response), compliance with applicable laws, respondent's record of performance and integrity- e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review respondent’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Response. The City will determine how well responses meet its requirements in terms of the response to the solicitation and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. The criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Qualifications (Tab 2) 30 Relevant Experience (particularly Police Stations) and References (Tab 3) 30 Technical Approach (Tab 4) 15 Work Plan and Schedule (Tab 5) 15 Quality Management Plan (Tab 6) 10 i.17 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored proposals based on evaluation against the evaluation criteria. Only those short-listed proposers would be invited to give presentations and/or interviews. The City will finalize rankings of the shortlisted firms as a result of the presentations/interviews. i.18 PRESENTATIONS/INTERVIEWS. The respondent must provide a formal presentation/interview on-site at a City location upon request. i.19 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City to accept the response as submitted. If respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject response or revoke the award, and may begin negotiations with another Respondent. Final contract terms must be approved or signed by INSTRUCTIONS – EVALUATION Consulting Services – PDS3 6 RFQ #09-20 the appropriately authorized City official(s). No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s Purchasing website at http://www.myclearwater.com/bid to view Purchasing’s Intent to Award postings. i.21 RFQ TIMELINE. All dates are tentative and subject to change. Release RFQ: October 18, 2019 Advertise Tampa Bay Times: October 19, 2019 Responses due: November 19, 2019 Review responses/presentations: November 20, 2019-December 5, 2019 Award recommendation: December 6, 2019 Council authorization: January 16, 2020 Contract begins: February 2020 DETAILED SPECIFICATIONS Consulting Services – PDS3 7 RFQ #09-20 1. PROJECT MISSION. The City of Clearwater is dedicated to providing superior services to its customers in order to improve the quality of life for Clearwater residents, businesses and visitors. The City is looking for vendors who share that dedication and will help the City meet that goal. 2. INTRODUCTION. The City of Clearwater (City) is seeking an architectural or engineering firm to provide design consulting services related to Clearwater Police Department District 3 Substation (PDS3), located on 2851 McMullen-Booth Road, Clearwater, Florida. The professional services commence with providing a design associated with the redevelopment of the PDS3 Facility, and resultant services for bidding, construction engineering inspection (CEI) services related to redevelopment of PDS3. 3. BACKGROUND. The current District 3 Substation was constructed in 1983. Many of the operational features and functional systems of the 35-year-old building are obsolete by current police standards. Building elements such as roofing and mechanical systems are nearing the end of their service life. The main building was designed prior to the implementation of the Accessibility Code and the toilet rooms and shower rooms, as well as some corridors and door access clearances, are not in compliance with current requirements. Complete rehabilitation and renovation of this existing building to meet all applicable current building, structural, accessibility and life safety codes would be prohibitively expensive due to the age and nature of existing materials and systems. The existing site and parking configuration do not provide adequate open space for an addition of appropriate size to meet the current and projected space needs to support the mission of this Substation. 4. SCOPE OF SERVICES. The primary goal in the redevelopment of this facility is to provide the Clearwater Police Department with a hardened command center and personnel shelter for use during a Category 5 hurricane. A master redevelopment study was completed in December 2018. The total project budget is $12 million (2019 Dollars). Concept Plan Scheme 1 of the Facility Redevelopment Master Plan (Exhibit A) shows the preferred conceptual site layout resulting from the master redevelopment study. The project shall be constructed in a single phase, with the target to begin construction in November 2020. The Police Department will be able to temporarily relocate a portion of the existing activities off-site. Access to the existing canine & impound lots and gun range shall be maintained at all times during design and construction, as they will remain in operation. Sound mitigation berms shall remain on site. Anticipated services include, but are not limited to design development, cost estimating, construction drawings, specifications, bid documents, as-needed permit(s) acquisition and post- design construction services through the duration of the project. Construction services shall include shop drawing review, responding to RFI’s, inspecting critical portions of the project, conducting regular progress meetings with stakeholders, certifying drawings, certifying completed work as necessary, and closeout of all permit(s). The design and construction shall include environmentally sustainable high-performance systems, materials and landscaping. The following building information is posted on the City’s FTP site (note that access issues are typically due to user’s firewall settings): FTP Site Access ftp://ftpserver.myclearwater.com Logon user name: vendor Logon password: clearwater (note lower case “c”) Directory: Purchasing Folder: RFQ 09-20 Design Consulting Services – PDS3 • Exhibit A, Facility Redevelopment Master Plan. Existing and proposed site plans, environmental issues, sustainability & energy use, building envelope, indoor environmental quality, systems and infrastructure, furnishings and equipment provided by Long & Associates dated December 6, 2018. DETAILED SPECIFICATIONS Consulting Services – PDS3 8 RFQ #09-20 5. EXPERIENCE & QUALIFICATIONS. Respondents must demonstrate the necessary ability, financial resources, and experience to perform the work in a satisfactory manner. Each respondent shall demonstrate a thorough understanding of the City’s planning and development codes and policies and procedures as it relates to land development and construction. Past experience providing design and construction administration service of building projects, particularly police stations. 6. INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A- VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the Contractor is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Contractor’s Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. f. Pollution Liability Insurance Coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the DETAILED SPECIFICATIONS Consulting Services – PDS3 9 RFQ #09-20 work/transport in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition when requested in writing from the City, Contractor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing, RFQ #09-20 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. MILESTONES Consulting Services – PDS3 10 RFQ #09-20 1. ANTICIPATED BEGINNING OF CONTRACT. February 2020 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. TERMINATION. The City reserves the right to terminate the contract in part or in whole upon thirty (30) calendar days’ written notice RESPONSE FORMAT Consulting Services – PDS3 11 RFQ #09-20 1. RESPONSE SUBMISSION - Submit one (1) signed original (identified as ORIGINAL) with seven (7) copies of the Qualifications Response and ONE (1) electronic format copy on a disc or thumb drive in a sealed envelope/container. 2. RESPONSE FORMAT – Qualifications shall be submitted in bound volumes on standard 8½" x 11" paper (one [1] sheet of paper printed both sides equals two [2] pages). All information must be assembled and indexed in the order indicated below. The page count shall include typed text, graphics, charts and photographs, but does not include supporting documents for Tabs 7 and 8, and the tabbed separator pages, cover page, and back page. TAB 1 – Letter of Interest (two [2] pages). A letter of interest detailing qualifications, related experience, ability to perform the work and to meet the evaluation criteria set forth herein. Name, address, contact person and phone number, shall be provided. TAB 2 –Qualifications (six [6] pages). Describe the firm’s background, experience, and qualifications of key personnel proposed to work on the project. Include resumes for key team members (including subcontractors) demonstrating specific project experience relevant to the project. Include an organizational chart and an affirmative statement indicating that the firm and all assigned key professional staff are properly licensed to practice in Florida. Include the expected amount of involvement for each consultant team member and confirm their availability. Any change in key personnel after the contract award must be approved by the City. TAB 3 – Relevant Experience and References (four [4] pages). Provide information for three (3) projects, preferably within the last 10 years, for which the firm has provided services closely related to this scope of services. Include contact information for the projects including name, position/title, email address, and phone number. TAB 4 – Technical Approach (two [2] pages). Describe the firm’s understanding of the project and methodology for meeting the needs of the City. Include a summary of knowledge of local conditions, City permitting processes, local codes and ordinances, and challenges. TAB 5 – Work Plan and Schedule (four [4] pages). Provide a detailed work plan, including a tentative schedule to complete the feasibility study including estimated number of hours per task, by personnel/position, and durations for design and construction phases. TAB 6 – Quality Management Plan (two [2] pages). Provide detailed information as to the firm’s Quality Assurance/Quality Control policy. Indicate specific steps conducted for technical review of any type of deliverable prior to submission to a client. Identify standard processes used and key factors that demonstrate the policy is successful and effective. Explain methodology of project reporting systems, scheduling, cost estimating, constructability reviews, value engineering, and QA/QC procedures for municipal projects. TAB 7 – Litigation. NOTE: this is not considered Confidential or Proprietary information – any response indicating such will be deemed non-responsive to the RFQ. 1. Provide a complete listing of any convictions or fines incurred by the respondent firm or any of its principals for violations of any state or federal law within the past three (3) years. Identify firm’s executives who have current claims or who have participated in litigation against the City of Clearwater while with another firm. Executives of firms currently under litigation with the City may not be considered for this project. 2. Provide a complete listing of all litigation involving a construction project or contract (excluding personal injury and workers’ compensation) whether currently pending or concluded within the past three (3) years in which the respondent firm was a named party. 3. Provide a complete listing of all administrative proceedings involving a construction project or contract, whether currently pending or concluded within the past three (3) years, in which the respondent firm was a named party. (NOTE: Administrative Proceedings shall include: (i) any action taken or proceeding brought by a governmental agency, department, or RESPONSE FORMAT Consulting Services – PDS3 12 RFQ #09-20 officer to enforce any law, regulation, code, legal, or contractual requirement, except for those brought in state or federal courts; (ii) any action taken by a governmental agency, department, or officer imposing penalties, fines, or other sanctions for failure to comply with any such legal or contractual requirement, or (iii) any other matter before an administrative body.) 4. Provide a complete listing of all arbitrations involving a construction project or contract, whether currently pending or concluded in the past three (3) years, in which the respondent firm was a named party. TAB 8 - Other Forms. The following forms should be completed and signed: 1. Exceptions, Additional Materials, Addenda form 2. Company Information form 3. Response Certification form 4. Copy of the firm’s current Florida Department of Business and Professional Regulation’s License and Contractor License 5. Copy of the firm’s contracting license in the State of Florida at the time of submittal 6. If the firm is a corporation, a copy of the current Florida Corporation Registration 7. Include a current W-9 form. (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Consulting Services – PDS3 13 RFQ #09-20 Respondents shall indicate any and all exceptions taken to the provisions or requirements in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Response non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this response Additional Materials attached (describe--attach additional pages if needed) Addenda Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at www.myclearwater.com/apps20/cityprojects/invitationtobid.aspx/ prior to the bid opening. Failure to acknowledge any addenda issued may render a Bid Non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name__________________________________________________ Date__________________ COMPANY INFORMATION Consulting Services – PDS3 14 RFQ #09-20 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this response: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: RESPONSE CERTIFICATION Consulting Services – PDS3 15 RFQ #09-20 By signing and submitting this Response, the Company certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. e) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. f) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. g) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. i) It is current in all obligations due to the City. j) It will accept such terms and conditions in a resulting contract if awarded by the City. k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Consulting Services – PDS3 16 RFQ #09-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #09-20, Design Consulting Services – Clearwater Police Department District 3 Substation Due Date: November 19, 2019, at 10:00 A.M. City of Clearwater Attn: Purchasing PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #09-20, Design Consulting Services – Clearwater Police Department District 3 Substation Due Date: November 19, 2019, at 10:00 A.M. City of Clearwater Attn: Purchasing 100 S Myrtle Ave 3rd Fl Clearwater FL 33756 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services------------------------------------------------ Page 1 of 1 Addendum #1 RFQ #09-20, Design Consulting Services – Clearwater Police Department District 3 Substation November 1, 2019 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on RFQ #09-20, Design Consulting Services – Clearwater Police Department District 3 Substation. Question 1: We would like to ask for clarification on Tab 5 of the Clearwater Police Department District 3 Substation RFQ #09-20. On page 11, the instructions for Tab 5 indicate that a “detailed work plan, including a tentative schedule to complete the feasibility study” is needed along with detail of “hours per task by personnel/position.” Our understanding is that the feasibility study was already completed by Long and Associates and included with this RFQ package. Can you please clarify exactly what you are looking for in the Tab 5 response? Answer to Question 1: Feasibility study reference in Tab 5 is incorrect. Tab 5 should read, ”Provide a detailed work plan, including a tentative schedule to complete the final permitted design documents including estimated number of hours per task, by personnel/position, and durations for design and construction phases.” End of Questions and Answers End of Addenda Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7470 Agenda Date: 2/18/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve the Memorandum of Agreement between Tampa Bay Health and Medical Preparedness Coalition and Clearwater Fire and Rescue to provide disaster support services and resources to the Coalition and its partners as outlined in the agreement and authorize the Fire Chief or designee of Clearwater Fire and Rescue to execute same. (consent) SUMMARY: The Tampa Bay Health & Medical Preparedness Coalition (TBHMPC) is a collaborative network of healthcare organizations, and their respective public and private sector response partners, that serve as a multi-agency coordinating group to enhance healthcare system preparedness, response, recovery and mitigation activities for responding to local large events and disasters. TBHMPC strives to meet the emergency preparedness needs of more than 5,000 healthcare organizations and 10,000 healthcare workers. TBHMPC encompasses the following counties: Citrus, Hardee, Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk and Sumter Counties. The development and sustainment of TBHMPC is a federal initiative and a requirement of the Healthcare Preparedness Program Cooperative Agreement funded by the Health & Human Services, Assistant Secretary for Preparedness and Response. Membership in the Coalition is open to all Greater Tampa Bay health care providers and partner organizations who agree to work collaboratively and coordinate emergency prevention, mitigation, preparedness, response and recover activities. Clearwater Fire & Rescue wishes to join this coalition to enhance the operations and resources to mitigate large scale events and disasters for our community and adjacent communities. Fire Chief Scott Ehlers will be the point of contact for the attendance to the required meetings; review any requests; and coordinate any applicable resources for a disaster response or large-scale event. There are no charges to the City for participating in the Agreement. Any labor or resources provided by the City during a disaster response or large-scale planned event will be reimbursed according to the guidelines within the agreement and the by-laws. The term of the agreement shall be from the date it is signed through the life of the Coalition; and either party may terminate as outlined in the agreement. APPROPRIATION CODE AND AMOUNT: NA Page 1 City of Clearwater Printed on 2/13/2020 File Number: ID#20-7470 USE OF RESERVE FUNDS: NA Page 2 City of Clearwater Printed on 2/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-7261 Agenda Date: 2/18/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve Joint Participation Agreement (JPA) G1H65 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), adopt Resolution 20-01, authorize a transfer from Airpark Fund reserves of $3,893.00 and authorize the appropriate officials to execute same. SUMMARY: FDOT JPA Agreement G1H65 provides for 80% grant funding for the Clearwater Airpark Ground Support Equipment Replacement, with Airpark Reserves providing a 20% match. This agreement provides for the purchase of lawn maintenance equipment and associated accessories. The project cost is $19,467.00 with FDOT contributing $15,574.00, Airpark Fund providing a $3,893.00 match and 10% of our 20% will come back to us from the FBO per our shared maintenance agreement. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will establish Capital Improvement project G2009, Ground Support Equipment Replacement, recognizing a budget increase of $15,574.00 in FDOT grant revenues and a transfer of Airpark Fund reserves of $3,893.00 to provide required matching funds. USE OF RESERVE FUNDS: Funding for this agreement will be provided by first quarter budget amendment allocating Airpark Fund reserves in the amount of $3,893.00 to capital improvement project G2009, Ground Support Equipment Replacement. The remaining balance of Airpark Fund reserves after 25% working capital reserves is approximately $562,000 or 200% of the current Airpark Fund operating budget. Page 1 City of Clearwater Printed on 2/13/2020 RESOLUTION NO. 20-01 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR GROUND SUPPORT LAWN EQUIPMENT AT THE CLEARWATER AIRPARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to provide funding for ground support equipment replacement for lawn equipment and associated accessories at the Clearwater Airpark under Joint Participation Agreement Financial Project No.: 446989-1-94-01, Contract No.: G1H65 (the Agreement), a copy of which is attached hereto as Exhibit “A”; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the Agreement between the City and the State of Florida Department of Transportation, at the Clearwater Airpark, and authorizes appropriate City officials to take all necessary action as may be necessary or appropriate to perform all obligations and commitments of the City of Clearwater in accordance with the provisions of the Agreement. Section 2. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this _______ day of _____________, 2020. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Michael Fuino Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7465 Agenda Date: 2/18/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve a proposal from Construction Manager at Risk J.O. DeLotto and Sons, Inc., of Tampa, Florida, in the amount of $1,186,111.00 for the complete replacement of T-Hangar C at the Clearwater Airpark (18-0030-AP) and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 4, 2016 the Council approved the use of Construction Manager at Risk Services (CMAR) for Continuing Contracts Biltmore Construction Co., Inc.; Cathey Construction and Development, LLC; Certus Builders, Inc.; J. Kokolakis Contracting, Inc.; J.O. DeLotto & Sons, Inc.; Keystone Excavators, Inc.; Khors Construction, Inc.; and Wharton-Smith, Inc. for a period of four years. These firms were selected in accordance with Florida Statutes 255.103 and 287.055 under Request for Qualifications #24-16 based upon construction experience, financial capability, availability of qualified staff, local knowledge and involvement in the community. Council approved FDOT Joint Participation Agreement (JPA) GOY92 and adopted Resolution 18-15 in September 2018 for the replacement of Hangar C. Hangar C is the oldest of the T Hangars and the last one to be replaced following the recommendations of the Airpark Master Plan and the Capital Improvement Project schedule for the airpark. This project will demolish the aging hangar and rebuild it within the existing footprint. The design of Hangar C will be consistent with that of Hangar D, which was replaced in 2015 under a similar JPA. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project G1901, Replace Hangar C, to fund is contract. Page 1 City of Clearwater Printed on 2/13/2020 August 19, 2016 J. O. Delotto & Sons, Inc. Attention: Craig Lambergson 924 E. Busch Blvd. Tampa, FL 33612 RE: 2016 – 2020 Construction Management at Risk Services for Continuing Contracts Dear Mr. Lambergson: J.O. Delotto & Sons, Inc., has been awarded the 2016 – 2020 Construction Management at Risk Services for Continuing Contracts by the City of Clearwater Engineering Dept. and City Council. Enclosed are the contract documents for your files. Per the Request for Qualifications RFQ # 24-16, the following insurance documents are required. Please submit the insurance documents references below no later than Friday, Sept, 2, 2016 to: City of Clearwater Attn: Engineering Contract Specialist, RFQ #24-16 P.O. Box 4748 Clearwater, FL 33758-4748 Or via email to Lisa.Bayly@myclearwater.com INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a.Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b.Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. INSR ADDLSUBRLTRINSRWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ $PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ WC STATU-OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 8/26/2016 Bouchard Insurance (CLW) 101 N Starcrest Dr. Clearwater, FL 33765 727 447-6481 727 447-6481 727 449-1267 J O DeLotto & Sons, Inc. 924 E Busch Blvd Tampa, FL 33612-8542 Amerisure Insurance Company Amerisure Mutual Insurance Comp 19488 23396 A X X X Y Y CPP20186771201 04/01/2016 04/01/2017 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 A X X X Y Y CA20186761201 04/01/2016 04/01/2017 1,000,000 B X X X 0 Y CU20186791202 04/01/2016 04/01/2017 10,000,000 10,000,000 A N Y WC201868012 04/01/2016 04/01/2017 X 500,000 500,000 500,000 PROJECT: CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR CONTINUING CONTRACTS BY THE CITY OF CLEARWATER ENGINEERING DEPT. AND CITY COUNCIL (See Attached Descriptions) City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 1 of 2 #S501449/M411631 JODELOTTClient#: 4683 KELHO SAGITTA 25.3 (2010/05) DESCRIPTIONS (Continued from Page 1) NOTICE: Bouchard Insurance is required to comply with the licensing agreement we hold with ACORD. ACORD, in conjunction with the Department of Insurance, creates and enforces the rules and regulations pertaining to proper use of the Certificate of Liability Insurance form. We are required to mark a Y next to the line of business in which the Additional Insured or Waiver of Subrogation coverage applies. According to ACORD, the Description of Operations section must be limited to describing information necessary to identify the operations, locations and vehicles for which the certificate was issued. Please note the Description of Operations section of the Certificate cannot be used to add additional information except as just described. Marking a Y next to the line of business adequately documents coverage. Equally important, it satisfies the rules and regulations governing the proper use of the Certificate of Liability Insurance form. Certificate is a reflection of the current coverages provided for the insured. Limits and coverages are afforded to the certificate holder only if required by written contract. Coverage is primary as respects to General Liability and non-contributory as subject to the terms, conditions and exclusions of your policy. It is agreed by endorsement to the General Liability and Auto policy that this policy shall not be cancelled by the insurance carrier without first giving thirty (30) days prior written notice except for nonpayment of premium or if the first named insured elects to non renew. 2 of 2 #S501449/M411631 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7523 Agenda Date: 2/18/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve Clearwater Ferry Services Inc. (CFS) 2020 Spring Break Water Taxi Agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: In the ongoing effort to relieve traffic congestion on the Memorial Causeway during Spring Break, this agreement will provide a one-time subsidy in the amount of $16,150 to support a temporary increase in the ridership capacity of CFS. This will be accomplished by CFS adding two additional leased vessels to their fleet. The additional vessels will operate during specific Spring Break peak times, providing increased service routes between downtown and the beach. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will increase cost code 0107010-582000, aid to private organizations, by $16,150 to fund this agreement. Budgeted General Fund revenues are sufficient to cover this expenditure increase Page 1 City of Clearwater Printed on 2/13/2020 SPRING BREAK 2020 WATER TAXI AGREEMENT THIS CONTRACT, entered into this __________ day of ___________, 2020, by and between the CITY OF CLEARWATER, a Florida municipal corporation, hereinafter referred to as “City,” P.O. Box 4748, Clearwater, Florida 33758 and CLEARWATER FERRY SERVICES, INC., a Florida corporation, hereinafter referred to as “Ferry,” 615 Pinellas Street, Clearwater, Florida 33756. WHEREAS, the City desires to continue to support water taxi services connecting various areas that are exclusively within Clearwater such as the City’s Downtown Harbor Marina, Clearwater Beach Marina, Island Estates, and the Clearwater Beach Recreation Center Loading Dock; and WHEREAS, traffic congestion on State Road 60, including the Memorial Causeway Bridge to and on Clearwater Beach during the month of March is greatly increased due to Spring Break; and WHEREAS, it is in the public interest to help prevent traffic gridlock during peak periods, reduce the law enforcement man hours involved in traffic control, and increase awareness of the downtown Cleveland Street District, Coachman Park, and Downtown Marina; and WHEREAS, the City and the Ferry previously contracted for ferry services between March 1, 2016 and April 30, 2016 pursuant to that certain agreement between the parties dated March 1, 2016 which provided a cash subsidiary; and WHEREAS, the City and the Ferry also contracted for water taxi services pursuant to that certain renewal agreement between the parties dated November 20, 2018 (“Renewal Agreement”); and Page 2 of 7 WHEREAS, while the Renewal Agreement covers a two-year period between December 1, 2018 and December 1, 2020, it does not offer any cash subsidiary to the Ferry; and WHEREAS, the Ferry has requested that the City provide it financial assistance in the form of a cash subsidiary during the month of March 2020 (“Spring Break 2020”) to increase the Ferry’s capacity during those months; and WHEREAS, the City is interested in increasing the Ferry’s capacity during Spring Break 2020; NOW THEREFORE, in consideration of the promises stated herein, the City and Ferry mutually agree as follows: 1. SCOPE OF PROJECT. Ferry agrees to continue to provide water taxi services as outlined in the Renewal Agreement and further agrees that on March 14, 15, 20, 21, 22, 2020 it will provide two additional vessels capable of water taxi services between the hours of 11 a.m. and 4 p.m. These additional vessels will all be placed in service solely in Clearwater, and will only transport passengers between the Clearwater Downtown Marina and the Clearwater Beach Marina. Furthermore, the Renewal Agreement and its attached exhibits are incorporated into this Contract by reference as if fully stated herein and the Parties expressly agree to be bound by the terms of those documents. 2. TIME OF PERFORMANCE. This Contract shall commence on March 1, 2020 and terminate on March 23, 2020. Page 3 of 7 3. COMPENSATION. The City will pay the Ferry $16,150.00 in the manner described in Paragraph 4 below. 4. METHOD OF PAYMENT. The City agrees to pay the Ferry after satisfactory evidence that the Ferry has complied with the Scope of Work described in Paragraph 1 under the terms of the Florida Prompt Payment Act F.S. 218.70 to wit: a $8,075.00 initial payment on March 1, 2020 and a second $8,075.00 payment on April 1, 2020. 5. NOTICES AND CHANGES OF ADDRESS. Any notice required or permitted to be given by the provisions of this Contract shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid) on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1) If to Corporation, addressed to: Patricia Rodriguez 415 Laughing Gull Lane Palm Harbor, FL 34683 2) If to City, addressed to: City Manager P. O. Box 4748 Clearwater, FL 33758-4748 With copies to: City Attorney P. O. Box 4748 Clearwater, FL 33758-4748 6. TERMINATION OF CONTRACT. Page 4 of 7 The City at its sole discretion may terminate this Contract for convenience by giving the Ferry a five (5) day written notice of its election to do so and by specifying the effective date of such termination. In such case, the Ferry will only be reimbursed for its actual costs through the effective date of such termination not to exceed $16,150.00. Further, if the Ferry does not fulfill any of its obligations hereunder, this Contract shall be in default, the City may terminate the Contract, and the Ferry will not be entitled to any compensation. 7. NON-DISCRIMINATION. Notwithstanding any other provision of this Contract, the Corporation for itself, agents and representatives, as part of the consideration for this Contract does covenant and agree that: a) No Exclusion from Use. No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the operation of this program on the grounds of race, color, religion, sex, handicap, age or national origin. b) No Exclusion from Hire. In the management, operation, or provision of the program activities authorized and enabled by this Contract, no person shall be excluded from participation in or denied the benefits of or otherwise be subject to discrimination on the grounds of, or otherwise be subjected to discrimination on the grounds of race, color, religion, sex, handicap, age, or national origin, except that age may be taken into consideration to the extent that the age of an employee is a bona fide occupational qualification, as permitted by law. c) Breach of Non-discrimination Covenants. In the event of conclusive Page 5 of 7 evidence of a breach of any of the above non-discrimination covenants, the City shall have the right to terminate this Contract immediately. 8. INTERESTS OF PARTIES. Ferry covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance and/or provision of services required under the terms and conditions of this Contract. 9. LIABILITY AND INDEMNIFICATION. The Corporation shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence of the City or City's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Corporation's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Corporation whether or not based on negligence. Nothing herein shall be construed as consent by the City to be sued by third parties, or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. Page 6 of 7 10. CONFORMANCE WITH LAWS. Ferry agrees to comply with all applicable federal, state and local laws during the life of this Contract. 11. ATTORNEY FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 12. GOVERNING LAW AND VENUE. The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. CITY OF CLEARWATER, FLORIDA By: ________________________ William B. Horne II City Manager Approved as to form: Attest: _______________________ ____________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk Page 7 of 7 CLEARWATER FERRY By: ____________________________ Patricia Rodriguez President Attest: _____________________________ Dennis Rodriguez, Vice President Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7451 Agenda Date: 2/18/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Request for authority to settle the case of Patricia Vlha v. City of Clearwater, Case No. 19-003290-CI for $75,000.00. (consent) SUMMARY: Patricia Vlha alleges that on December 21, 2017, while returning to a car in the City Hall parking lot after attending a performance at the Capitol Theater, she tripped over a misplaced parking stop and fell, sustaining serious injuries. She alleges injuries to her arm, shoulder, face and knee. She has incurred substantial costs for treatment of her injuries. Authority is being sought to settle this case for $75,000.00, in exchange for which the City will receive a full release and the pending civil action will be dismissed with prejudice. APPROPRIATION CODE AND AMOUNT: 059007590-545900 (Insurance Claims- Liability) $75,000.00 Page 1 City of Clearwater Printed on 2/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7482 Agenda Date: 2/18/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Request for authority to settle case of City of Clearwater v. DePriest, Case No. 19-797-CI. (consent) SUMMARY: On July 19, 2018, the City retained Weidner Law, P.A. (outside counsel) for representation in municipal lien foreclosure matters. The outside counsel then filed a foreclosure action against Patricia DePriest owner of the property located at 1631 Tuscola Road. The owner has offered to pay $15,000.00 and bring the property into full compliance with the City’s codes within 150 days to settle this case. If the owner does not pay this amount or bring the property into compliance, the owner has agreed that the City is entitled to an immediate foreclosure judgment. Authority is being sought to settle this case for $15,000.00 along with the property owner’s promise to bring the property into compliance as detailed above, in exchange for which the City will release the lien and dismiss the lawsuit. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 2/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7481 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report Agenda Date: 2/18/2020 In Control: City Manager's Office Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Marquee Discussion SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7421 Agenda Date: 2/18/2020 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 15.1 SUBJECT/RECOMMENDATION: February Service Awards SUMMARY: 5 Years of Service Kristen Parete Legal Kyle Harter Public Utilities Linda Rothstein Library Erik Jordan Public Utilities Jonathan Hurt Police 10 Years of Service Julie Villarreal Police Jeremy Kotter Solid Waste Charles Graves Marine & Aviation Annejolina Darsey Schauder Marine & Aviation 15 Years of Service Jariel Candelario Solid Waste Joe Trowell Parks & Recreation Daniel Taban Parks & Recreation Jimmie Evans Parks & Recreation Karen Vaughan Official Records & Legislative Services Michael Delk City Manager’s Office Ellen Ayo Parks & Recreation 20 Years of Service William Dillashaw Engineering/Stormwater 25 Years of Service Joseph Fazio Solid Waste Steven Squillante Police Jeffrey DiVincent Police Timothy Henson Solid Waste Page 1 City of Clearwater Printed on 2/13/2020 File Number: ID#20-7421 Nichole Loux Police Azzilene Byrd Solid Waste Trave Alston Police LaDrea Young - January Employee of the Month - 2/20/20 @ 6pm Page 2 City of Clearwater Printed on 2/13/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7469 Agenda Date: 2/18/2020 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 15.2 SUBJECT/RECOMMENDATION: Newspaper in Education Week Proclamation - Sue Bedry, Tampa Bay Times SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/13/2020