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08/17/2020
Monday, August 17, 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 August 17, 2020Council Work Session Work Session Agenda To ensure public safety and comply with the Governor's Safer at Home order in response to the COVID-19 virus, the Clearwater City Council will hold a public meeting on Monday, August 17, 2020 at 9:00 a.m. using communications media technology. Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. The meeting will be held through the Zoom platform and will be broadcast live on the city's website (https://www.myclearwater.com/government/council-meeting-streaming-videos), o n F a c e b o o k ( w w w . f a c e b o o k . c o m / c i t y o f c l e a r w a t e r ) a n d o n Y o u T u b e (www.youtube.com/myclearwater) as well as the following public access TV channels: Spectrum Channel 638, Frontier Channel 30 and WOW! Channel 15. Individuals with disabilities who need reasonable accommodations to effectively participate in this meeting are asked to contact the City Clerk at (727)562-4092 or rosemarie.call@myclearwater.com in advance. 1. Call to Order 2. City Manager Approve the proposed sculptures and alternate for Sculpture360: Season X for a total cost of $9,000.00. (consent) 2.1 Authorize staff to enroll in Duke Energy Florida’s Clean Energy Connection Program. (WSO) 2.2 3. Gas System Accept a Gas Utility Easement from VMR Development, LLC, for the construction, installation, and maintenance of gas utility facilities on real property located at 3139 Little Road, FL and adopt Resolution 20-34. 3.1 4. Parks and Recreation Authorize a purchase order to Southeastern Surfaces and Equipment of New Smyrna Beach, Florida in an amount not to exceed $189,750.55, which includes a 10% contingency, to provide and install gymnasium equipment and replace and repair flooring at the Long Center and Countryside Recreation Center gymnasiums, pursuant to Clearwater Code of Ordinances Section 2.564 (1)(d) Cooperative Contracts and authorize the appropriate officials to execute same. (consent) 4.1 Page 2 City of Clearwater Printed on 8/16/2020 August 17, 2020Council Work Session Work Session Agenda Approve a proposal by Construction Manager at Risk Certus Builders of Bristol, Florida, in the amount of $223,812.93 for the renovation and construction of Phase II restroom expansion at Barefoot Beach House located on south beach at 332 S. Gulfview Boulevard and authorize the appropriate officials to execute same. (consent) 4.2 5. Police Department Approve a lease agreement between the InterCultural Advocacy Institute, Inc. and the City of Clearwater for the premises located at 612 Franklin Street, Clearwater, Florida, for a period commencing November 1, 2020 and terminating on October 31, 2023, and authorize the appropriate officials to execute same. (consent) 5.1 Approve a purchase agreement with Inventech Marine Solution, of Bremerton, WA, in the amount of $181,526 for a 27-foot police patrol vessel, engines, and trailer, in accordance with Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids; declare surplus and authorize for disposal at auction G3782 and G3783, being replaced in accordance with Clearwater Code of Ordinances Section 2.622; and authorize the appropriate officials to execute same. (consent) 5.2 Amend the Clearwater Code of Ordinances, Section 33.055, relating to the regulation of derelict vessels and pass Ordinance 9383-20 on first reading. 5.3 6. Engineering Approve Engineer of Record (EOR) Work Order to McKim and Creed, Inc., in the amount of $201,910.50 for the Northeast (NE) Water Reclamation Facility (WRF) Motor Control Center-1 (MCC-1) and Distribution Centers 1 and 2 (DC-1 and DC-2) Replacement (17-0028-UT) and authorize the appropriate officials to execute same. (consent) 6.1 Approve Engineer of Record (EOR) Work Order to Hazen and Sawyer, in the amount of $189,024.00, for the Chemical Storage and Handling project (19-0034-UT) and authorize the appropriate officials to execute same. (consent) 6.2 Approve the final plat for Union Place Replat, 1625 Union Street, located east of Highland Avenue and west of Keene Road. (consent) 6.3 7. Fire Department Approve the Pinellas County Technical Rescue Team Agreement (extension) with Pinellas County and the City of Clearwater for one additional one-year term extending until September 30, 2021 and authorize the appropriate officials to execute same. (consent) 7.1 Page 3 City of Clearwater Printed on 8/16/2020 August 17, 2020Council Work Session Work Session Agenda Approve the Federally-Funded Subaward and Grant Agreement for public assistance support for COVID-19 expenditures and authorize the City Manager or designee to enter into, approve, and execute same and any future modifications for COVID-19 expenditures. (consent) 7.2 8. Public Utilities Authorize the award of Invitation to Bid 38-20 Antiscalant to American Water Chemicals, Inc. of Plant City, FL in an annual not-to-exceed amount of $65,000, with the option for two, one-year extensions at the City’s discretion, and authorize the appropriate officials to execute same. (consent) 8.1 9. Planning Provide Direction on Planning and Development Department Program Priorities (WSO) 9.1 10. Official Records and Legislative Services Amend City Council Policies 2-21, 3-2, 3-4, 3-5, 5-7, 5-12, 6-4, and 8-2.10.1 11. Legal Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-44.11.1 12. City Manager Verbal Reports Imagine Clearwater Update12.1 13. City Attorney Verbal Reports 14. Council Discussion Item Environmentally Friendly/Educational Design of Coachman Park - Councilmember Beckman 14.1 15. 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). 16. Closing Comments by Mayor 17. Adjourn Page 4 City of Clearwater Printed on 8/16/2020 August 17, 2020Council Work Session Work Session Agenda 18. Presentation(s) for Council Meeting General Federation of Women's Club Day Proclamation18.1 Page 5 City of Clearwater Printed on 8/16/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8091 Agenda Date: 8/17/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Approve the proposed sculptures and alternate for Sculpture360: Season X for a total cost of $9,000.00. (consent) SUMMARY: The following sculptures, as listed in Attachment A, are recommended for temporary exhibition as part of the Public Art & Design Program’s “Sculpture360: Season X.” An open Call for Florida Artists was issued detailing the scope of the exhibition in accordance with the Public Art & Design Program Guidelines. This resulted in 17 responses from qualified artists proposing sculptures for temporary loan. A selection panel was appointed by the Public Art & Design Advisory Board and consisted of: Jonathan Barnes, Representative of the Public Art & Design Advisory Board Amanda Thompson, Director of the CRA Rosemary D’Amour, CRA representative Lina Texiera, Downtown Clearwater Merchants Association President Linda Rothstein, Assistant Director of the Clearwater Public Library System The selection panel identified three finalists (Robert Cordisco, Lucy Keshavarz, Clayton Swartz) and one alternate (Gus & Lina Ocamposilva). The Public Art & Design Advisory Board approved the finalists and alternate, and an allocation of $9,000 to cover artist honoraria. The sculptures will be installed starting September 20, 2020 and will remain on display through February 2022. APPROPRIATION CODE AND AMOUNT: Funds are available project A1901, Public Art Fund, to fund the temporary loan of sculptures. Page 1 City of Clearwater Printed on 8/16/2020 ID#20-8091 ATTACHMENT A SCULPTURE #1 Robert Cordisco (Palm Beach Gardens, FL) PARADOX 2.5’D x 2’W x 7’H Stainless steel SCULPTURE #2 Lucy Keshavarz (Palm Beach Gardens, FL) Ring Canopy 6’D x 6’W x 14.5’H Powder coated aluminum SCULPTURE #3 Clayton Swartz (Pinellas Park, FL) Festival Blue 2.5’D x 2.5’W x 10’H Aluminum, enamel ALTERNATE Gus and Lina Ocamposilva (Clearwater, FL) Tree 4’D x 4’W x 10’H Welded aluminum, enamel Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8076 Agenda Date: 8/17/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 2.2 SUBJECT/RECOMMENDATION: Authorize staff to enroll in Duke Energy Florida’s Clean Energy Connection Program. (WSO) SUMMARY: Duke Energy Florida’s proposed CEC Program will enable qualified customers to participate in a solar program and directly fund the development of several utility-owned solar plants interconnected to the Duke power grid in Florida. The program supports the construction and operation of 750MW of solar power. Program participants subscribe to blocks of power, where one block is equal to one kilowatt (kW) of capacity, for a fixed $8.35/kW monthly subscription fee. In exchange, program subscribers will receive monthly bill credits based on the amount of solar energy produced by the blocks of power that have been subscribed to. The initial credit rate for the first three years of the program will be $0.04037/kWh, and then the rate will increase by 1.5% every year. The monthly credit will vary seasonally and annually, as solar energy production is greater during the months with more direct sunlight and other events, such as tropical storms or periods with reduced cloud cover, may occur. It is expected that there will be a payback date of around 7 years of participation in the program and the life of the program is 30 years. Participation in the program will be spread between four groups, with 65% of the blocks of power allocated for large businesses, 22.5% for small/medium business and residential, 10% for municipal governments, and 2.5% carved out for low-income residential usage. Customers are eligible to subscribe to enough solar generation to match their annual energy usage, though it is likely that the portion being allocated to municipal government will be maxed out before that is possible. Between now and the time the program completes the regulatory approval process, the subscription fee, generation bill credit rate and the yearly escalation value may change slightly, but the overall payback will remain consistent. Subscribers will be notified of changes and can reduce their subscription if net costs increase. Program Timeline: July 1, 2020: Initial Florida Public Service Commission regulatory approval hearing August 31, 2020: Deadline to submit notice of intent to participate as a municipal government Page 1 City of Clearwater Printed on 8/16/2020 File Number: ID#20-8076 2021: Site identification and installation Early 2022: Program Launch CEC Program Analysis In 2019, the City of Clearwater used 69,277,271 kWh of energy, which equates to 28,245 KW. The City plans to request 100% participation in the program however it is expected that the program will be subscribed to an amount far exceeding available capacity. After the subscription deadline, Duke Energy will analyze all municipal requests and reduce all requests by an equal percentage to match the available capacity. The final amount of Clearwater’s energy usage that will be offset by participating in this program is unclear. Regardless of the number of blocks allocated to Clearwater, it is expected that annual credits will exceed the subscription fee in year five, with full payback by year 7. The CEC Program will help the City of Clearwater optimize/maximize the amount of energy supplied by renewable solar energy, as outlined in the Clearwater Greenprint plan. This is a low risk program and signing up now only commits the City to one month of the program (~$556) that is projected to begin in 2022. The City can cancel its subscription at any time expect for the one-month commitment from signing up. There are no cancellation fees and no agreement or contract of any kind will be signed until the program is implementable. Recommendation Staff recommends that the City Council authorize staff to subscribe to the planned Duke Energy Florida’s Clean Energy Connection (CEC) Solar Program at 100% of eligible electricity demand. Page 2 City of Clearwater Printed on 8/16/2020 SECTION NO. VI ORIGINAL SHEET NO. 6.405 Page 1 of 3 ISSUED BY: Javier J. Portuondo, Vice President, Rates & Regulatory Strategy – FL EFFECTIVE: RATE SCHEDULE CEC-1 CLEAN ENERGY CONNECTION RIDER OPTIONAL SOLAR PROGRAM Availability: The Clean Energy Connection Rider (“the Program”) is available to all Customers throughout the entire service area served by Duke Energy Florida (DEF) subject to subscription availability. This optional Program allows customers to subscribe to a portion of universal solar capacity built for the benefit of the Program and receive credit for the actual solar production associated with their subscription. Applicable: This optional rider is offered in conjunction with the applicable rates, terms, and conditions under which the Customer takes service from DEF. All rates and charges under the Customers’ otherwise applicable metered rate schedule shall apply. Limitation of Service: Any Customer account taking service under another Company rate schedule whose account is current is eligible to participate. Eligible Customers may elect a subscription level in 1 kW units representing up to 100% of their previous 12-month total kWh usage. Increases in number of units purchased will be limited to once per rolling 12-month period from the anniversary date of program enrollment, and subject to program availability. Customers who present proof of participation in local, state, or federal assistance are eligible for participation at the low-income pricing provided by this tariff. Rate: The Monthly Subscription shall be equal to the sum of the Monthly Subscription Charge + Monthly Subscription Credit as follows: Monthly Subscription Participant Low-Income Participant Subscription Charge $/kW-Month Subscription Credit ¢/kWh Subscription Charge $/kW-Month Subscription Credit $/kW-Month See Sheet No. 6.407 See Sheet No. 6.407 See Sheet No. 6.407 See Sheet No. 6.407 Notes: (1) Monthly Subscription Credit amounts resulting in a total bill below the minimum monthly bill will have any excess credit amounts applied to subsequent monthly bill amounts. Minimum Monthly Bill: The minimum monthly bill shall be the customer’s minimum bill under the applicable Rate Schedule. The Monthly Subscription Charge and offsetting Monthly Subscription Credit will appear as separate line items on the participant’s bill during every month of enrollment, and are subject to all applicable taxes and fees. Terms of Payment: Bills rendered hereunder are payable within the time limit specified on the bill at Company-designated locations. Term of Service: The term of service will be no less than one (1) billing cycle. Participants may at any time following their first billing cycle, terminate their participation or reduce the number of subscribed units purchased. Participants may be terminated from the program by DEF if the Customer becomes delinquent on the Customer’s electric service account, enters into a payment arrangement plan, or for failure to satisfy eligibility requirements. Upon termination, whether initiated by Customer or by DEF, the account is prohibited from re-enrolling for a twelve (12) month period. Special Provisions: 1. In the event that the Customer transfers their electric service to a different location within DEF’s service area, the Customer’s subscription shall be transferred to the new service location unless the Customer notifies DEF otherwise. 2. Customers shall not be permitted to redirect Subscription Credits or transfer the obligation to pay Subscription Charges to other Duke Energy customer accounts, nor will DEF assign Subscription Credits or Subscription Charges to any party other than the original subscribing Customer. 3. Participation in this Program does not convey to the Customer any right, title or interest in or to any portion of the property comprising of any Duke Energy owned solar facilities or any solar facilities constructed pursuant to the Program. SECTION NO. VI ORIGINAL SHEET NO. 6.406 Page 2 of 3 ISSUED BY: Javier J. Portuondo, Vice President, Rates & Regulatory Strategy – FL EFFECTIVE: RATE SCHEDULE CEC-1 CLEAN ENERGY CONNECTION RIDER OPTIONAL SOLAR PROGRAM (Continued From Page No. 1) 4. All solar plants allocated to the Program will be registered with the North America Renewables Registry (NAR) and renewable energy credits (RECs) retired on behalf of all participating Customers on a yearly basis. Upon Customer’s request, DEF will move the RECs associated with the Customer’s subscription to the Customer’s account, at the Customer’s expense. Notification to move RECs must be made by the Customer to DEF. RECs will be moved after the payment of the fee. Once a REC is retired on behalf of all participants, it cannot be moved into an individual Customer’s account. 5. Subscription Charges and Credits received for additional subscriptions, after a Customer election to increase the number of units purchased, shall begin in Participant Program Year One (1), while previously held subscriptions remain on the Participant Program Year that pertains to the date of the Customer’s original subscription. SECTION NO. VI ORIGINAL SHEET NO. 6.407 Page 3 of 3 ISSUED BY: Javier J. Portuondo, Vice President, Rates & Regulatory Strategy – FL EFFECTIVE: RATE SCHEDULE CEC-1 CLEAN ENERGY CONNECTION RIDER OPTIONAL SOLAR PROGRAM (Continued From Page No. 2) MONTHLY SUBSCRIPTION COMMUNITY SOLAR PROGRAM PARTICIPANT RATES Phase 1 Participant Low-Income Participant Participant Program Year Subscription Charge $/kW-Month Subscription Credit ¢/kWh Subscription Charge $/kW-Month Subscription Credit $/kW-Month 1 $8.35 (4.0370) $8.35 ($9.03) 2 $8.35 (4.0370) $8.35 ($9.03) 3 $8.35 (4.0370) $8.35 ($9.03) 4 $8.35 (4.0980) $8.35 ($9.03) 5 $8.35 (4.1590) $8.35 ($9.03) 6 $8.35 (4.2210) $8.35 ($9.03) 7 $8.35 (4.2840) $8.35 ($9.03) 8 $8.35 (4.3480) $8.35 ($9.03) 9 $8.35 (4.4130) $8.35 ($9.03) 10 $8.35 (4.4790) $8.35 ($9.03) 11 $8.35 (4.5460) $8.35 ($9.03) 12 $8.35 (4.6140) $8.35 ($9.03) 13 $8.35 (4.6830) $8.35 ($9.03) 14 $8.35 (4.7530) $8.35 ($9.03) 15 $8.35 (4.8240) $8.35 ($9.03) 16 $8.35 (4.8960) $8.35 ($9.03) 17 $8.35 (4.9690) $8.35 ($9.03) 18 $8.35 (5.0440) $8.35 ($9.03) 19 $8.35 (5.1200) $8.35 ($9.03) 20 $8.35 (5.1970) $8.35 ($9.03) 21 $8.35 (5.2750) $8.35 ($9.03) 22 $8.35 (5.3540) $8.35 ($9.03) 23 $8.35 (5.4340) $8.35 ($9.03) 24 $8.35 (5.5160) $8.35 ($9.03) 25 $8.35 (5.5990) $8.35 ($9.03) 26 $8.35 (5.6830) $8.35 ($9.03) 27 $8.35 (5.7680) $8.35 ($9.03) 28 $8.35 (5.8550) $8.35 ($9.03) 29 $8.35 (5.9430) $8.35 ($9.03) 30 $8.35 (6.0320) $8.35 ($9.03) 31 $8.35 (6.0320) $8.35 ($9.03) 32 $8.35 (6.0320) $8.35 ($9.03) Duke Energy Florida Clean Energy Connection Program Large Customer and Local Government Pre-Registration Terms and Conditions May 2020 V2 General Overview The Duke Energy Florida (DEF) Clean Energy Connection (CEC) Program is a tariffed voluntary community solar program in which all DEF customers can participate in the development of clean renewable energy. DEF is currently developing the specifics of the Program, which will be submitted to the Florida Public Service Commission (Commission) for ultimate approval. These general terms and conditions are intended to provide additional details regarding the Program, but to the extent these terms and conditions conflict with the tariff that is approved by the Commission, the tariff provisions will govern. Enrollment Process a) During enrollment, Customer will indicate the desired subscription size in whole 1-kW unit increments, associated with and generally not to exceed 100% of the customer’s annual kWh consumption on an energy basis. However, given that expected demand for the Program will be larger than the supply, DEF will contact Customer to confirm the accepted subscription size. It may not be the amount requested. b) When Customer confirms enrollment in the Program, Customer’s kW subscription will be reserved in the event that the Program is filed and approved by the Commission. If the Program is either not filed or not approved, neither Customer nor DEF will have any obligation under the Program. c) The Company may contact customers who subscribed in a first come, first serve methodology to see if they would like to increase their inaugural kW subscription level if there is availability between the time the enrollment window closes and the program starts. d) DEF will not charge any fees until the time the first CEC solar plants are placed in service. e) Customer is committed to the Program for at least one month. Monthly Clean Energy Connection, (CEC) Program Cost Calculation a) Monthly Subscription Charge = Subscription Quantity x $8.35 / kW b) Monthly Subscription Credit = $0.040370 / kWh (escalating annually at 1.5% after 3 years of continuous participation) x Subscription Quantity x Program Output (kWh) Program Capacity (kW) c) Monthly Subscription and bill credits may change slightly between the enrollment window and Florida Public Service Commission approval. Customers will be notified of changes and will have the opportunity to reduce or cancel their subscriptions if the net cost increases. Increases in number of kW units after the customer’s inaugural kW subscription enrollment will be limited to once per rolling 12-month period from the anniversary date of Program enrollment, and subject to Program availability. Any subsequent kW units subscribed after the customer’s inaugural kW subscription level is established will receive the year 1 energy credit rate. General and Availability a) The Program is available to any customer taking service under a DEF rate schedule, who does not either: i) have a past due amount, or ii) is on a payment plan. b) DEF reserves the right to remove customers from the Program who do not pay Program fees for two consecutive months or who start bankruptcy proceedings. Customers who meet the eligibility criteria may enroll again, starting at Program year 1 if there is availability one calendar year later. c) DEF may contact customers periodically via email to provide Program updates or seek Program feedback. Environmental Attributes a) All environmental attributes, including but not limited to “renewable energy certificates” (RECs), “renewable energy credits” or “green tags,” associated with the CEC solar photovoltaic (PV) generation portfolio shall be retired on behalf of all customers on a yearly basis. b) Photovoltaic (PV) generation portfolio shall be retired on behalf of all customers on a yearly basis. c) Customers who want to have RECs associated with their subscription moved to their own account may do so. DEF should be given as much notice as possible ensure that those RECs are available and have not already been retired. Customers will be invoiced by DEF for the North American Renewables Registry™ fees associated with the REC transfer. After the fee is paid, the RECs will be moved. The customer shall then provide DEF proof of retirement within one calendar year. Cancellations a) There is no fee to cancel participation in the Program. b) Customers may choose not to participate at any time by calling or emailing DEF (866-233-2290, CleanEnergyConnection@duke-energy.com) to cancel their subscriptions. Upon receiving notice of cancellation, DEF will assess the Subscription Charge, and apply the Subscription Credit, in the billing period during which the cancellation notice is received. c) After cancelling, a customer may not re-enroll for one calendar year. If a customer chooses to re-enroll, the new subscription amounts will receive the year 1 credit. Moving a) If Customer moves to another location within DEF’s service territory, participation in the Program shall be transferred to the new location unless Customer otherwise notifies DEF. b) The Program is only available to customers receiving service in DEF’s service territory. If customer moves out of the service territory, the subscription ends. There will be no charges on the final bill. Duke Clean Energy Connection Program August 2020 Program Overview •If approved, the program will be ready by 2022 Large Businesses Small-Medium Businesses and Residential Municipal Government Low-income Residential PERCENT OF ALLOCATED PROGRAM ENROLLMENT Program Overview •Duke solar power feeds into electric grid across Florida •The city would receive a monthly bill credit associated with the amount of solar energy our share produces Program Overview •For 3 years = credit rate of $0.04037/kWh (net charge) •After 3 years = credit rate increases 1.5% annually •Year 3-5 = annual credits exceed annual cost •Year 5-7 = net credit Our Subscription Options Percentage of annual energy usage Solar kW generated Average Annual Cost (Years 1-3) Total Annual Bill 100%28,245 $33,929.25 $6,753,824.54 80%22,596 $27,143.40 $6,747,038.69 60%16,947 $20,357.55 $6,740,252.84 50%14,123 $16,965.23 $6,736,860.51 40%11,298 $13,571.70 $6,733,466.99 20%5,649 $6,785.85 $6,726,681.14 Annual energy usage = 69,277,271 kWh Annual bill before subscription = $6,719,895.29 Next Steps We would need to notify Duke of the total megawatts we subscribe to through the program. Specific accounts are not needed yet. Advisable to sign up for the maximum desired amount, as program oversubscription is expected. Subscription is open until August 31st. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8060 Agenda Date: 8/17/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Accept a Gas Utility Easement from VMR Development, LLC, for the construction, installation, and maintenance of gas utility facilities on real property located at 3139 Little Road, FL and adopt Resolution 20-34. SUMMARY: VMR DEVELOPMENT, LLC (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located on the southwest corner Little Road and State Road 54, in Pasco County for the installation of a natural gas distribution line. This main line will serve commercial customers in the Village at Mitchell Ranch shopping plaza, located at 3139 Little Road, contained within the following parcels: Parcel ID#: 23-26-16-0010-P10B0-0000, 23-26-16-0010-00000-0110, 23-26-16-0010-00000-0020, 23-26-16-0010-00000-0030, 23-26-16-0010-00000-0040, 23-26-16-0010-00000-0050, 23-26-16-0010-00000-0060, 23-26-16-0010-00000-0070, 23-26-16-0010-00000-0080, 23-26-16-0010-00000-0090 & 23-26-16-0010-P10A0-0000 The easement grant is sufficient for the City to maintain and replace its facilities as necessary in perpetuity, or until such time as the City determines to abandon its use. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/16/2020 [A05-00152 /234722/1] Resolution No. 20-34 RESOLUTION NO. 20-34 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A GAS UTILITY EASEMENT FROM VMR DEVELOPMENT, LLC FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY GAS UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater needs a gas utility easement from VMR DEVELOPMENT, LLC for the construction, installation and maintenance of certain gas utility facilities; and WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to accept said grant of easement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA: Section 1. The City Council of the City of Clearwater hereby accepts the Gas Utility Easement, a copy of which is attached hereto and incorporated herein as Exhibit “A” to Resolution 20-34. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of _________________, 2020. ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk Exhibit "A" to Resolution 20-34 Mitchell Ranch Commercial Area – Gas Easement 3139 Little Rd., Trinity, FL 34655 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8040 Agenda Date: 8/17/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Authorize a purchase order to Southeastern Surfaces and Equipment of New Smyrna Beach, Florida in an amount not to exceed $189,750.55, which includes a 10% contingency, to provide and install gymnasium equipment and replace and repair flooring at the Long Center and Countryside Recreation Center gymnasiums, pursuant to Clearwater Code of Ordinances Section 2.564 (1)(d) Cooperative Contracts and authorize the appropriate officials to execute same. (consent) SUMMARY: Parks and Recreation Department is responsible for major capital repair and renovation projects required at the various recreation centers, which are beyond the responsibility of the Building and Maintenance Division. Gymnasium equipment and flooring at both the Long Center and Countryside Recreation Center are in need of repair and/or replacement. This purchase order will allow for the replacement of wall pads, backboards, curtain walls, miscellaneous backboard motors, and additional items needed at both recreation centers. In addition, it will include the removal and replacement of Taraflex Flooring at the Countryside Recreation Center as well as the screening and recoating of flooring at the Long Center. Southeastern Surfaces & Equipment is currently under contract with The School Board of Sarasota County, Florida as a result of bid #19-0103. Piggyback Contract #19-0103 expires on October 1, 2021. APPROPRIATION CODE AND AMOUNT: Funds are available in the following Capital Improvement Projects: The Long Center Infrastructure- 315-93278- $62,957.40 (includes a 10% contingency) Recreation Center Infrastructure-315-93654- $126,793.15 (includes a 10% contingency) USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/16/2020 October 2, 2018 SarasotaCountySchools.net MEMORANDUM TO: Members of the School Board Dr. Todd Bowden, Superintendent Mitsi Corcoran, Assistant Superintendent Chief Financial Officer FROM: Carol A. Lichon, CPPO, Director of Materials Management TITLE: APPROVAL TO AWARD BID #19-0103 FOR GYMNASIUM, INDOOR BLEACHERS, AND ATHLETIC EQUIPMENT Bids to provide 'Gymnasium, Indoor Bleachers, and Athletic Equipment' were received from two vendors on August 28, 2018. The bids of Charron Sports Services for all exterior athletic equipment and SSE & Associates, Inc., for all interior items as noted on the bid tabulation were the best low bids meeting the advertised specifications based on a sealed scenario. This bid is for a period of one year with an option to renew for two additional one- year periods. The funds for these purchases are contained in the budget allocated to the Facilities Services Department. Requested by: Financial Impact: Jody Dumas Not to exceed $350,000.00 Recommended Motion: That the bids of Charron Sports Services and SSE & Associates, Inc., for 'Gymnasium, Indoor Bleachers, and Athletic Equipment' in an amount not to exceed $350,000.00, be approved as presented. Materials Management Purchasing Department 101Old Venice Road, Osprey, FL 34229 Phone 941-486-2183 ▪ Fax 941-486-2188 SarasotaCountySchools.net “Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the protest bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120. Florida Statutes.” Posting Date: 9/25/18 Tabulation for Gymnasium, Indoor Bleachers, and Athletic Equipment - Bid #19-0103THE SCHOOL BOARD OF SARASOTA COUNTY, FLORIDAOpened August 28, 2018 at 2:00 p.m.CHARRON SPORTS SERVICESSSE & ASSOCIATES, INC.1 Booker High School Year $0.00$0.002 North Port High School Year $0.00$0.003 Pine View SchoolYear $0.00$0.004 Riverview High School Year $0.00$0.005 Sarasota High School Year $0.00$0.006 Venice High School Year $0.00$0.00Unit UnitUnit7 Booker Middle School Year $0.00$0.008 Brookside Middle School Year $0.00$0.009 Heron Creek Middle School Year $0.00$0.0010 Laurel Nokomis School Year $0.00$0.0011 McIntosh Middle School Year $0.00$0.0012 Sarasota Middle School Year $0.00$0.0013 Venice Middle School Year $0.00$0.0014 Woodland Middle School Year $0.00$0.0015 Refurbishment of one 16' section x 10 row bleachers as detailed in specifications Each $390.00$400.0016 Provide and install new axles Each $5.00$5.0017 Provide and install first row locking assemblies Each $5.00$15.0018 Provide and install row letters Each $5.00$1.5019 Provide and install seat numbers Each $2.00$1.5020 Provide and install brake pads Each $10.00$1.0021 Provide and install 5" wheels Each $10.00$10.0022 Provide and install first row lock release Each $10.00$15.0023 Provide and install row locks Each $25.00$20.00UnitHigh SchoolsRepairs including labor and materials per line items below as required per inspection report or on call emergency. Middle SchoolsANNUAL INTERIOR GYMNASIUM INSPECTIONUnitUnitINTERIOR BLEACHER MAINTENANCE AND REPAIRUnitUnitUnitThe bidder proposes and agrees to provide annual inspections, maintenance, and repairs of all indoor and outdoor athletic equipment, operable wall systems, wood and synthetic floor systems, gymnasiums, all bleachers and components of those bleachers within the gymnasiums per bid specifications. All repair line items to include labor and materials, no additional standard or hourly labor rates will be permitted on fixed rates. Bidder must use this bid form. Failure to do so may cause the bid to be rejected.1 Tabulation for Gymnasium, Indoor Bleachers, and Athletic Equipment - Bid #19-0103THE SCHOOL BOARD OF SARASOTA COUNTY, FLORIDAOpened August 28, 2018 at 2:00 p.m.CHARRON SPORTS SERVICESSSE & ASSOCIATES, INC.The bidder proposes and agrees to provide annual inspections, maintenance, and repairs of all indoor and outdoor athletic equipment, operable wall systems, wood and synthetic floor systems, gymnasiums, all bleachers and components of those bleachers within the gymnasiums per bid specifications. All repair line items to include labor and materials, no additional standard or hourly labor rates will be permitted on fixed rates. Bidder must use this bid form. Failure to do so may cause the bid to be rejected.24 Straighten uprights Each $25.00$15.0025 Adjust cantileversEach $20.00$15.0026 Weld stress fractures Each $15.00$12.5027 Weld seat bafflesEach $15.00$12.5028 Weld seat brackets Each $15.00$12.5029 Repair cracked boards Each $25.00$20.0030 Provide and install lower guide Each $20.00$2.5031 Provide and install self storing rails Each $180.00$195.0032 Provide and install motor operation system Section $2,200.00$1,695.0033 Provide and install floor anchors Each $5.00$1.0034 Provide and install wall toggle bolts Each $15.00$1.0035 Provide and install wall anchor brackets Each $5.00$1.0036 Provide and install replacement boards Each $200.00$190.0037 Provide and install plywood deck (2' x 8') Each $30.00$25.0038 Stain and apply water based finish to seat boards Each $25.00$20.0039 Move and re-anchor 16' x 10-row bank in gymnasium Each $300.00$350.0040 Gear Box Kit - 50:1 Each $600.00$795.0041 Skirt board hingeEach $20.00$8.9542 Aisle step hingeEach $20.00$7.5043 Bleacher safety stickers Set $5.00$7.5044 Pendant controlEach $150.00$350.0045 Wireless pendant control Each $200.00$1,500.0046 Gap closures, 48"Each $95.00$50.0047 Gap closures, 32"Each $75.00$40.0048 Replacement P - rails, standard black Each $230.00$150.0049 Replacement P - rails, powder coated in owners choice of colors Each $230.00$200.0050 Replacement P rail sockets Each $50.00$37.50Repairs including labor and materials per line items below as required per inspection report or on call emergency. UnitUnitINTERIOR BLEACHER MAINTENANCE AND REPAIR (Con't)Unit2 Tabulation for Gymnasium, Indoor Bleachers, and Athletic Equipment - Bid #19-0103THE SCHOOL BOARD OF SARASOTA COUNTY, FLORIDAOpened August 28, 2018 at 2:00 p.m.CHARRON SPORTS SERVICESSSE & ASSOCIATES, INC.The bidder proposes and agrees to provide annual inspections, maintenance, and repairs of all indoor and outdoor athletic equipment, operable wall systems, wood and synthetic floor systems, gymnasiums, all bleachers and components of those bleachers within the gymnasiums per bid specifications. All repair line items to include labor and materials, no additional standard or hourly labor rates will be permitted on fixed rates. Bidder must use this bid form. Failure to do so may cause the bid to be rejected.51 Roll pins for P-rails Each $25.00$1.5052 Replacement relays Each $50.00$59.5053 Replacement relay board controller Each $285.00$249.0054 Replacement limit switches Each $30.00$30.0055 Safety end enclosure curtains - 10 row bleachers Each $450.00$895.0056 Replacement contoured seat modules, 10" starters Each $95.00$75.0057 Replacement countoured seat modules, 10" intermediates Each $95.00$65.0058 Courtside graphic logo plates Each $25.00$25.0059 Courtside spacersEach $25.00$15.0060 Stepsign graphics Linear Feet $50.00$39.5061 Courtsign graphics Linear Feet $50.00$39.5062 Service one basketball backstop as detailed in general specifications Each $175.00$175.0063 Service one divider curtain as detailed in general specifications Each $175.00$175.0064 Weld stress fractures Each $25.00$12.5065 Provide and install pulley Each $45.00$35.0066 Provide and install cable Each $130.00$85.0067 Provide and install manual winch Each $650.00$450.0068 Provide and install electric winch Each $1,600.00$1,450.0069 Provide and install electric motor - divider curtain Each $1,440.00$1,750.0070 Provide and install safety strap Each $600.00$600.0071 Provide and install volleyball floor cover plate (8") Each $175.00$195.00INTERIOR BLEACHER MAINTENANCE AND REPAIR (Con't)Unit UnitUnitRepairs including labor and materials per line items below as required per inspection report or on call emergency. UnitUnitUnitUnitRepairs including labor per line items below as required per inspection report or on call emergency. Repairs including labor and materials per line items below as required per inspection report or on call emergency. UnitINTERIOR BASKETBALL BACKSTOP MAINTENANCE AND REPAIRUnitINTERIOR ATHLETIC EQUIPMENT MAINTENANCE AND REPAIR3 Tabulation for Gymnasium, Indoor Bleachers, and Athletic Equipment - Bid #19-0103THE SCHOOL BOARD OF SARASOTA COUNTY, FLORIDAOpened August 28, 2018 at 2:00 p.m.CHARRON SPORTS SERVICESSSE & ASSOCIATES, INC.The bidder proposes and agrees to provide annual inspections, maintenance, and repairs of all indoor and outdoor athletic equipment, operable wall systems, wood and synthetic floor systems, gymnasiums, all bleachers and components of those bleachers within the gymnasiums per bid specifications. All repair line items to include labor and materials, no additional standard or hourly labor rates will be permitted on fixed rates. Bidder must use this bid form. Failure to do so may cause the bid to be rejected.72 Provide and install volleyball floor cover plate (5") Each $140.00$165.0073 Provide and install 3-1/2" volleyball sleeve - new installation Each $250.00$350.0074 Reset existing volleyball sleeve Each $80.00$90.0075 Route in new volleyball cover plate Each $40.00$50.0076Provide and install only one aluminum volleyball telescopic complete system per specifications attached - no substitutionsEach $2,385.00$2,750.0077 Provide and install only one pair aluminum stands per specifications attached Pair $1,375.00$1,495.0078 Provide and install only one pair standard padding per specifications attached Pair $285.00$295.0079 Provide and install only one volleyball net per specifications attached Each $285.00$300.0080 Provide and install only one padded referee stand per specifications attached Each $700.00$750.0081 Provide and install only one pair of boundary markers Pair $25.00$50.0082 Provide and install only one pair of net antennas per specifications attached Pair $30.00$40.0083 Provide California fire rated 2" thick vinyl covered wall pads Square Foot $8.00$10.0084 Provide Class A fire rated 2" thick vinyl covered wall pads Square Foot $14.00$14.5085 Provide California fire rated 2" thick vinyl covered column pads Square Foot $8.00$10.0086 Provide Class A fire rated 2" thick vinyl covered column padsSquare Foot $14.00$14.5087Provide and install 2' x 7' wall pad, Class A Fire Rated (based on height of 10 feet, 2 inches)Each $185.00$195.0088Provide and install 2' x 8' wall pad, Class A Fire Rated (based on height of 10 feet, 2 inches)Each $220.00$225.0089Provide and install 24" x 24" x 6' column pad, California Fire Rated (based on height of 10 feet, 2 inches)Each $180.00$200.0090Provide and install 24" x 24" x 7' column pad, California Fire Rated (based on height of 10 feet, 2 inches)Each $205.00$215.0091Provide and install 24" x 24" x 8' column pad, California Fire Rated (based on height of 10 feet, 2 inches)Each $220.00$230.00INTERIOR ATHLETIC EQUIPMENT MAINTENANCE AND REPAIR (Con't)Unit UnitUnitRepairs including labor per line items below as required per inspection report or on call emergency. 4 Tabulation for Gymnasium, Indoor Bleachers, and Athletic Equipment - Bid #19-0103THE SCHOOL BOARD OF SARASOTA COUNTY, FLORIDAOpened August 28, 2018 at 2:00 p.m.CHARRON SPORTS SERVICESSSE & ASSOCIATES, INC.The bidder proposes and agrees to provide annual inspections, maintenance, and repairs of all indoor and outdoor athletic equipment, operable wall systems, wood and synthetic floor systems, gymnasiums, all bleachers and components of those bleachers within the gymnasiums per bid specifications. All repair line items to include labor and materials, no additional standard or hourly labor rates will be permitted on fixed rates. Bidder must use this bid form. Failure to do so may cause the bid to be rejected.92 Provide and install 24" x 24" x 6' column pad, Class A Fire Rated Each $295.00$310.0093 Provide and install 24" x 24" x 7' column pad, Class A Fire Rated Each $310.00$330.0094 Provide and install 24" x 24" x 8' column pad, Class A Fire Rated Each $340.00$350.0095 Provide and install replacement vinyl for divider curtain Square Foot $1.70$3.5096 Provide and install limit winch assembly Each $50.00$60.0097 Provide and install breakaway goal Each $310.00$275.0098 Provide and install manual height adjusters Each $1,080.00$700.0099 Provide and install electric height adjusters Each $1,400.00$1,300.00100 Provide and install fan fiberglass backboard Each $500.00$595.00101 Provide and install fan aluminum backboard Each $425.00$550.00102 Provide and install rectangular glass backboard Each $1,450.00$895.00103 Provide and install rectangular fiberglass board Each $630.00$675.00104 Provide and install glue on edge padding Each $85.00$95.00105 Provide and install bolt on edge padding Each $300.00$250.00106 Provide and install key switches Each $165.00$95.00107 Provide and install replacement pipe Linear Feet $12.25$12.50108 Raise or lower goals Each $49.00$85.00109 Replacement key pad for TSC2000 control Each $1,025.00$1,050.00110 Relay card for TSC2000 Each $999.00$1,050.00111 Replacement shot clocks, 2'-0"x 2'2" per pair Each $2,799.00$2,950.00112 Replacement wired console for scoreboard operation Each $599.00$625.00113 Replacement 20 key remote control for basketball scoreboard Each $999.00$1,250.00114 Replacement limit switches Each $39.00$65.00INTERIOR ATHLETIC EQUIPMENT MAINTENANCE AND REPAIR (Con't)Unit UnitUnitRepairs including labor per line items below as required per inspection report or on call emergency. 5 Tabulation for Gymnasium, Indoor Bleachers, and Athletic Equipment - Bid #19-0103THE SCHOOL BOARD OF SARASOTA COUNTY, FLORIDAOpened August 28, 2018 at 2:00 p.m.CHARRON SPORTS SERVICESSSE & ASSOCIATES, INC.The bidder proposes and agrees to provide annual inspections, maintenance, and repairs of all indoor and outdoor athletic equipment, operable wall systems, wood and synthetic floor systems, gymnasiums, all bleachers and components of those bleachers within the gymnasiums per bid specifications. All repair line items to include labor and materials, no additional standard or hourly labor rates will be permitted on fixed rates. Bidder must use this bid form. Failure to do so may cause the bid to be rejected.Unit Prices for Operable Wall Systems Repairs115 Provide preventative maintenance on existing operable wall system Square Foot$3.50116 Provide and install Type I pocket doors - 9' height Each$995.00117 Provide and install Type II pocket doors - 9' height Each$1,495.00118 Provide and install Type III pocket doors - 9' height Each$1,895.00119 Provide and install Type IV pocket doors - 9' height Each$1,595.00120 Provide and install motor for electric wall operation Each$545.00121 Provide and install safety system for electric wall operation Each$1,850.00122 Provide and install replacement for broken trolley Each$60.00123 Provide and install sweep material Linear Feet$4.50124 Provide and install soffit trim Linear Feet$4.50125 Provide and install steel track Linear Feet$40.50126 Provide and install steel intersection Each$125.00127 Provide and install steel curve and divert Each$245.00128 Provide and install aluminum track Linear Feet$48.50129 Provide and install automatic 2" bottom seals Each$65.00130 Provide and install manual 2" bottom seals Each$70.00131 Provide and install 15 oz. vinyl for recover Linear Feet$17.50132 Provide and install ribbed carpet for recover Linear Feet$26.50133 Provide and install astragal (10' height)Each$39.50134 Provide and install bulb seal (10' height) Each$22.50135 Provide and install bottom seal end caps Each$12.50136 Provide and install expander mechanism Each$185.00137 Provide and installment operating handle Each$22.50138 Provide and install horizontal trim (4' width) Each$14.50139 Provide and install foot bolts Each$27.50UnitOPERABLE WALL SYSTEMS MAINTENANCE AND REPAIRRepairs including labor and materials per line items below as required per inspection report or on call emergency. UnitUnit6 Tabulation for Gymnasium, Indoor Bleachers, and Athletic Equipment - Bid #19-0103THE SCHOOL BOARD OF SARASOTA COUNTY, FLORIDAOpened August 28, 2018 at 2:00 p.m.CHARRON SPORTS SERVICESSSE & ASSOCIATES, INC.The bidder proposes and agrees to provide annual inspections, maintenance, and repairs of all indoor and outdoor athletic equipment, operable wall systems, wood and synthetic floor systems, gymnasiums, all bleachers and components of those bleachers within the gymnasiums per bid specifications. All repair line items to include labor and materials, no additional standard or hourly labor rates will be permitted on fixed rates. Bidder must use this bid form. Failure to do so may cause the bid to be rejected.$0.28Brand: BONA$0.75Brand: BONA$0.54Brand: BONA$0.95Brand: BONA$0.35Brand: BONA145Drum sand gymnasium floors with oil modified finish per bid specificationsSquare Foot$1.00146Drum sand stage floors with oil modified finish per bid specificationsSquare Foot$1.65147Drum sand gymnasium floors with water based finish per bid specificationsSquare Foot$1.45148Drum sand stage floors with water based finish per bid specificationsSquare Foot$1.69149 Repair damaged wood per bid specifications Square Foot$9.00150 Palm sand and refinish stair treads Each$40.00151 Palm sand and refinish stair risers Each$40.00152 Palm sand and refinish stage nosing Linear Feet$4.50153 Palm sand and refinish stage fascia Linear Feet$4.50154 Provide and install replacement for damaged bull nosing on stage front Linear Feet$17.00155 Provide and install replacement for damaged stair treads - 3' sections Each$145.00156 Provide and install replacement for damaged stair risers - 3' sections Each$145.00157 Logos:Unit UnitUnita up to and including 6' single color logo Each$250.00b up to and including 6' two color logo Each$395.00c up to and including 6' three color logo Each$995.00UnitWOOD FLOORING MAINTENANCE AND REPAIRUnitUnit144Wet screen gymnasiums and refinish with two coats of high solids content oil modified finish. BRAND ________________________Square FootRepairs including labor and materials per line items below as required per inspection report or on call emergency. Indicate Brand bid. If alternate to Bona® manufactured products are bid, complete product specifications are required with bid submittal.140Screen and recoat gymnasium floors with two coats of VOC compliant oil modified finish per bid specifications. BRAND _______________Square Foot141Screen and recoat stage floors with VOC compliant oil modified finish per bid specifications. BRAND _________________________Square Foot142Screen and recoat gymnasium floors with VOC compliant water based finish per bid specifications. BRAND ________________________Square Foot143Screen and recoat stage floors with VOC compliant water based finish per bid specifications. BRAND ________________________Square Foot7 Tabulation for Gymnasium, Indoor Bleachers, and Athletic Equipment - Bid #19-0103THE SCHOOL BOARD OF SARASOTA COUNTY, FLORIDAOpened August 28, 2018 at 2:00 p.m.CHARRON SPORTS SERVICESSSE & ASSOCIATES, INC.The bidder proposes and agrees to provide annual inspections, maintenance, and repairs of all indoor and outdoor athletic equipment, operable wall systems, wood and synthetic floor systems, gymnasiums, all bleachers and components of those bleachers within the gymnasiums per bid specifications. All repair line items to include labor and materials, no additional standard or hourly labor rates will be permitted on fixed rates. Bidder must use this bid form. Failure to do so may cause the bid to be rejected.157 Logos con't:d up to and including 6' four color logo Each$1,495.00e over 6' - 12' single color logo Each$895.00f over 6' - 12' two color logo Each$1,495.00g over 6' - 12' three color logo Each$1,995.00h over 6' - 12' four color logo Each$2,395.00i 24" block lettersEach$35.00j 36" block lettersEach$35.00k 48" block lettersEach$45.00158 Provide and install 3' Van Deurr or approved alternate ADA ramping - 2-1/2" Each$300.00159 Provide and install 6' Van Deurr or approved alternate ADA ramping - 2-1/2" Each$600.00160 Provide and install 3' Ardex or approved alternate Ramp - 2-1/2" Each$150.00161 Provide and install 6' Ardex or approved alternate Ramp - 2-1/2" Each$250.00162 Repair damaged subfloor components, price per sq. ft. Square Foot$3.50163 Provide and install 4"x 3" vented cove base Each$45.00164 Provide and install 5" saddle aluminum thresholds Each$33.50165 Paint one regulation basketball court Each$750.00166 Paint one regulation volleyball court Each$300.00UnitWOOD FLOORING MAINTENANCE AND REPAIR (Con't)Unit UnitRepairs including labor and materials per line items below as required per inspection report or on call emergency. Indicate Brand bid. If alternate to Bona® manufactured products are bid, complete product specifications are required with bid submittal.8 Tabulation for Gymnasium, Indoor Bleachers, and Athletic Equipment - Bid #19-0103THE SCHOOL BOARD OF SARASOTA COUNTY, FLORIDAOpened August 28, 2018 at 2:00 p.m.CHARRON SPORTS SERVICESSSE & ASSOCIATES, INC.The bidder proposes and agrees to provide annual inspections, maintenance, and repairs of all indoor and outdoor athletic equipment, operable wall systems, wood and synthetic floor systems, gymnasiums, all bleachers and components of those bleachers within the gymnasiums per bid specifications. All repair line items to include labor and materials, no additional standard or hourly labor rates will be permitted on fixed rates. Bidder must use this bid form. Failure to do so may cause the bid to be rejected.167Clean synthetic vinyl and rubber gymnasium floors with auto scrubber per bid specifications Square Foot$0.29$0.49Brand: DIVERSY$0.49Brand: DIVERSY170 Re-weld heat welds per bid specificationsLinear Feet$1.95171 Repaint basketball court lines Each$750.00172 Repaint volleyball court lines Each$350.00173 Repair Mondo Advance 6mm per bid specifications Square Foot$10.95174 Repair Mondo Advance 8mm per bid specifications Square Foot$12.95175 Repair Mondo Rampflex per bid specifications Square Foot$14.95176 Repair Mondo Sport Impact per bid specifications Square Foot$15.95177 Provide and install Taraflex fitness tiles per specifications attached Square Foot$9.00178 Repair Taraflex Drytex 7.0 flooring per bid specifications Square Foot$11.25179 Repair Taraflex Drytex 9.0 flooring per bid specifications Square Foot$12.25180 Repair Taraflex Sport Performance flooring per bid specifications Square Foot$11.25181 Repair Taraflex Sport M flooring per bid specifications Square Foot$10.45182 Repair Taraflex Recreation 60 flooring per bid specifications Square Foot$7.50183 Repair Taraflex Recreation 45 flooring per bid specifications Square Foot$6.50184 Repair Taraflex Recreation 30 flooring per bid specifications Square Foot$6.00185 Repair Everlast flooring Square Foot$8.50186 Provide and install Everlay Moisture membrane per bid specifications Square Foot$2.25187Remove and dispose of existing Mondo or Taraflex sports flooring per bid specificationsSquare Foot$1.50188 Provide and install vented cover base per bid specificationsLinear Feet$10.00189 Provide and install reduce strip at doorways Linear Feet$3.50190Provide and install 1/8" cementitious leveling compound Ardex per 50 lb. bag or approved alternate Bag$75.00Unit169Square FootApply two coats of Diversity Carefree® Matte floor finish to rubber gymnasium floors per bid specifications. BRAND __________________Square FootUnit168Apply two coats of Diversity Carefree® Matte floor finish to vinyl gymnasium floors per bid specifications. BRAND __________________Repairs including labor and materials per line items below as required per inspection report or on call emergency. Indicate Brand bid. If alternate to Diversity Carefree® Matte floor finish is bid, complete product specifications are required with bid submittal.UnitSYNTHETIC FLOORING MAINTENANCE AND REPAIR9 Tabulation for Gymnasium, Indoor Bleachers, and Athletic Equipment - Bid #19-0103THE SCHOOL BOARD OF SARASOTA COUNTY, FLORIDAOpened August 28, 2018 at 2:00 p.m.CHARRON SPORTS SERVICESSSE & ASSOCIATES, INC.The bidder proposes and agrees to provide annual inspections, maintenance, and repairs of all indoor and outdoor athletic equipment, operable wall systems, wood and synthetic floor systems, gymnasiums, all bleachers and components of those bleachers within the gymnasiums per bid specifications. All repair line items to include labor and materials, no additional standard or hourly labor rates will be permitted on fixed rates. Bidder must use this bid form. Failure to do so may cause the bid to be rejected.191 Provide and install 6 loop bike rack Each$495.00$950.00192 Provide and install 9 loop bike rack Each$640.00$1,350.00193Provide and install 4' gooseneck exterior basketball system per specifications attachedEach$995.00$1,650.00194Provide and install 5' gooseneck exterior basketball system per specifications attachedEach$1,095.00$1,750.00195Provide and install 6' gooseneck exterior basketball system per specifications attachedEach$1,195.00$2,850.00196Provide and install 5" post - 7' to 10' height adjustable exterior basketball system per specifications attachedEach$2,345.00$2,750.00197Provide and install 6" post - 7' to 10' height adjustable exterior basketball system per specifications attachedEach$2,845.00$2,950.00198 Provide only one set baseball bases Set$199.00$300.00199 Provide and install one pair football goal posts per specifications attached Pair$3,995.00$4,900.00200 Provide only portable soccer goals per specifications attached Each$1,195.00$2,995.00201 Provide and install one set of exterior volleyball sleeves per specifications attached Set$395.00$750.00202 Provide and install one set of exterior tennis sleeves Set$395.00$750.00203 Provide and install replacements for perimeter backstop fencing Linear Feet$11.00$25.00UnitUnit Unit204Service Technician, standard working hours (Monday - Friday 7:00 A.M. - 5:00 P.M.); hourly rate. Hour$50.00 $55.00205Service Technician, non-standard working hours (Monday - Friday prior to 7:00 A.M. and after 5:00 P.M., and Saturday and Sunday); hourly rate. Hour$75.00 $75.00206Helper, standard working hours(Monday - Friday 7:00 A.M. - 5:00 P.M.); hourly rate. Hour$23.00 $25.00207Helper, non-standard working hours (Monday - Friday prior to 7:00 A.M. and after 5:00 P.M., and Saturday and Sunday); hourly rate. Hour$35.00 $35.00To include product, or product and labor for install as indicated belowLABOR RATE FOR ALL ITEMS NOT DETAILED IN BID (Not permitted in above fixed bid pricing)UnitUnitEXTERIOR ATHLETIC EQUIPMENT, MAINTENANCE, AND REPAIRUnit10 Tabulation for Gymnasium, Indoor Bleachers, and Athletic Equipment - Bid #19-0103THE SCHOOL BOARD OF SARASOTA COUNTY, FLORIDAOpened August 28, 2018 at 2:00 p.m.CHARRON SPORTS SERVICESSSE & ASSOCIATES, INC.The bidder proposes and agrees to provide annual inspections, maintenance, and repairs of all indoor and outdoor athletic equipment, operable wall systems, wood and synthetic floor systems, gymnasiums, all bleachers and components of those bleachers within the gymnasiums per bid specifications. All repair line items to include labor and materials, no additional standard or hourly labor rates will be permitted on fixed rates. Bidder must use this bid form. Failure to do so may cause the bid to be rejected.UnitUnit Unit208On occasion, it is recognized that additional materials not used in the regular course of gymnasium inspection and repair services may be necessary, but are only to be used with prior written approval from the Facilities Services representative. Materials are to be billed at net cost. Include a percentage allowed for overhead and profit. This is for materials that are not used in the regular course of gymnasium inspection and repair services. A MAXIMUM OF 10% MARK-UP of cost for materials will be allowed. No mark-up of sales tax allowed. Indicate this percentage in the space to the right. A copy of supply house invoices must be included with all billings to the SBSC. NOTE: During a declared disaster situation no mark-up will be permitted, only actual cost of materials.% Mark Up (Maximum of 10%) 8% 10%UnitUnit Unit209On occasion, it is recognized that subcontracted services may be necessary, but are only to be used with prior written approval from the Facilities Services representative. Subcontracted services to be billed at net cost. Include a percentage allowed for overhead and profit. A MAXIMUM OF 10% MARK-UP of subcontracted services will be allowed. No mark-up of sales tax allowed. Indicate this percentage in the space to the right. A copy of the itemized subcontracted services invoice from the subcontractor must be included with all billings to the SBSC for subcontracted services. NOTE: During a declared disaster situation no mark-up will be permitted, only actual cost of subcontracted services. % Mark Up (Maximum of 10%) 5% 0%UnitUnit Unit210On occasion, it is recognized that rental of special equipment not used in the regular course of gymnasium inspection and repair services may be necessary to be used only with prior written approval from the Facilities Services representative. Rental is for active use of equipment. Payment for inactive use will not be allowed. Rental equipment to be billed at net cost. Include a percentage allowed for overhead and profit. A MAXIMUM OF 10% MARK-UP of rental equipment will be allowed. No mark-up of sales tax allowed. Indicate this percentage in the space to the right. A copy of the itemized rental equipment invoice must be included with all billings to the SBSC for rentals. NOTE: During a declared disaster situation no mark-up will be permitted, only actual cost of rental equipment. % Mark Up (Maximum of 10%) 5% 10%MATERIALSRENTAL OF EQUIPMENTSUBCONTRACTED SERVICES11 Tabulation for Gymnasium, Indoor Bleachers, and Athletic Equipment - Bid #19-0103THE SCHOOL BOARD OF SARASOTA COUNTY, FLORIDAOpened August 28, 2018 at 2:00 p.m.CHARRON SPORTS SERVICESSSE & ASSOCIATES, INC.The bidder proposes and agrees to provide annual inspections, maintenance, and repairs of all indoor and outdoor athletic equipment, operable wall systems, wood and synthetic floor systems, gymnasiums, all bleachers and components of those bleachers within the gymnasiums per bid specifications. All repair line items to include labor and materials, no additional standard or hourly labor rates will be permitted on fixed rates. Bidder must use this bid form. Failure to do so may cause the bid to be rejected.Terence K. O'Hagan Tracie A. Ward7733 Liberty Highway 569 Canal StreetLiberty, SC 29657New Smyrna Beach, FL 32168864-261-6750 386-428-8875864-261-8542 386-428-876727-1645039 59-3265072tohagan@charronsportsservicesltd.comtward@sseteam.comPhoneFaxFederal ID#EmailRecorded by: Elsa BealWitnessed by: Joyce E. HaneyContactAddress12 P.O. Box 602 ● 569 Canal Street ● New Smyrna Beach ● Florida ● 32170 Phone: (386) 428-8875 ● Fax: (386) 428-8767 www.sseteam.com Florida State Certified M/WBE Florida State Certified General Contractor – CGC 012423 Q U O T A T I O N TO: City of Clearwater DATE: 06/25/2020 Parks and Recreation PHONE: Clearwater, FL 33765 EMAIL: ATTN: Leroy Chin PROJECT: Countryside Recreation, Athletic Equipment Per Sarasota County Maintenance Bid #19-0103 Athletic Equipment Replacement • Line Item #84 – provide and install replacement wall pads @ $14.50 per sq. ft. o 36 each 2’x 6’ x 2” wall pads – 432 sq. ft. @ $14.50 per sq. ft = $ 6,264.00 • Line #68 – provide and install electric winches o 6 each @ $1,450 = $8,700.00 • Line #66 – install new cable o 24 @ $85 = $ 2,040.00 • Line #95 – provide and install replacement divider curtain vinyl o 2,160 sq. ft. @ $3.50 = $7,560.00 • Line #107 – provide and install replacement pipe o 85 each @ $12.50 = $1,062.50 • Line #98 provide and install manual height adjusters o 4 each @ $700 = $2,800.00 • Line #210 – rental of equipment o Scissor lift, @ $750 o Dumpster for disposal of materials $600 • Line #208 – materials not otherwise detailed in bid at cost plus 10% o Pro-mold cutouts for wall pads @ $ 328*1.10% = $360 • Line #209 – labor for removal of existing equipment o 2 technicians @ 8 hours each = 32 @ $55 = $ 880.00 Total as outlined above: $ 31,016.50 Southeastern Surfaces & Equipment, Inc. By: Tracie A Ward Phone 386-428-8875 Fax 386-428-8767 Email tward@sseteam.com P.O. Box 602 ● 569 Canal Street ● New Smyrna Beach ● Florida ● 32170 Phone: (386) 428-8875 ● Fax: (386) 428-8767 www.sseteam.com Florida State Certified M/WBE Florida State Certified General Contractor – CGC 012423 . TERMS AND CONDITIONS DISCLAIMER Exposure to the oil based polyurethane gym finish within seven (7) days of application of the polyurethane finish may lead to health effects that include, but are not limited to, irritation of the skin and mucous membranes, chest tightness, and difficult breathing. Isocyanates are compounds found in polyurethane finishes, and they are classified as potential human carcinogens and known to cause cancer in animals. The main effects of hazardous exposure to polyurethane finishes are occupational asthma and other lung problems, as well as irritation of the eyes, nose, throat, and skin. It is advised that facilities remain closed for seven (7) days to allow the polyurethane finish to complete its cure time and to prevent any hazardous exposure to the purchaser and its customers. • FINANCE CHARGES Purchaser will receive monthly statements; however, payment is due upon receipt of original invoice. If the balance shown on a monthly statement is not paid before the 30th day of the same month, interest will accrue on the unpaid amount at the highest rate allowable by Florida law. • ALL QUOTES are subject to the City of Clearwater standard terms and conditions posted at www.myclearwater.com/purchaseorder-TandC and www.myclearwater.com/government/city-departments/finance- budget/doing-business-with-the-city P.O. Box 602 ● 569 Canal Street ● New Smyrna Beach ● Florida ● 32170 Phone: (386) 428-8875 ● Fax: (386) 428-8767 www.sseteam.com Florida State Certified M/WBE Florida State Certified General Contractor – CGC 012423 Q U O T A T I O N TO: City of Clearwater DATE: 06/25/2020 Parks and Recreation PHONE: Clearwater, FL 33765 EMAIL: ATTN: Leroy Chin PROJECT: Countryside Recreation, Flooring Replacement Project Per Sarasota County Maintenance Bid #19-0103 Taraflex Floor Replacement • Line Item #181 – Provide and install Taraflex Recreation 60 o 8,500 sq ft. @ $7.50 per sq. ft. $ 63,750.00 • Line #87 – Remove and dispose of existing flooring o 8,500 sq. ft. @ $1.50 per sq. ft. $ 12,750.00 • Line #188 – Provide and install new vented cove base o 370 lin. ft. @ $10.00 per lin. ft. $ 3,700.00 • Line #165 – Paint regulation basketball court o 3 @ $750 =$2,250.00 • Line #166 – Paint regulation volleyball / pickleball court o 6 each @ $300 = $1,800.00 Total as outlined above: $ 84,250.00 *Disposal includes top vinyl surface only. If upon removal we determine the need to remove underlying VCT floor, add $5,525 for additional floor removal Southeastern Surfaces & Equipment, Inc. By: Tracie A Ward Phone 386-428-8875 Fax 386-428-8767 Email tward@sseteam.com . P.O. Box 602 ● 569 Canal Street ● New Smyrna Beach ● Florida ● 32170 Phone: (386) 428-8875 ● Fax: (386) 428-8767 www.sseteam.com Florida State Certified M/WBE Florida State Certified General Contractor – CGC 012423 . TERMS AND CONDITIONS DISCLAIMER Exposure to the oil based polyurethane gym finish within seven (7) days of application of the polyurethane finish may lead to health effects that include, but are not limited to, irritation of the skin and mucous membranes, chest tightness, and difficult breathing. Isocyanates are compounds found in polyurethane finishes, and they are classified as potential human carcinogens and known to cause cancer in animals. The main effects of hazardous exposure to polyurethane finishes are occupational asthma and other lung problems, as well as irritation of the eyes, nose, throat, and skin. It is advised that facilities remain closed for seven (7) days to allow the polyurethane finish to complete its cure time and to prevent any hazardous exposure to the purchaser and its customers. • FINANCE CHARGES Purchaser will receive monthly statements; however, payment is due upon receipt of original invoice. If the balance shown on a monthly statement is not paid before the 30th day of the same month, interest will accrue on the unpaid amount at the highest rate allowable by Florida law. • ALL QUOTES are subject to the City of Clearwater standard terms and conditions posted at www.myclearwater.com/purchaseorder-TandC and www.myclearwater.com/government/city-departments/finance- budget/doing-business-with-the-city P.O. Box 602 ● 569 Canal Street ● New Smyrna Beach ● Florida ● 32170 Phone: (386) 428-8875 ● Fax: (386) 428-8767 www.sseteam.com Florida State Certified M/WBE Florida State Certified General Contractor – CGC 012423 Q U O T A T I O N TO: The Long Center DATE: 06/25/2020 1501 N Belcher Road PHONE: Clearwater, FL 33765 EMAIL: ATTN: Leroy Chin PROJECT: Screen & Recoat Clearwater, FL We are pleased to offer the following proposal: Per Sarasota County Maintenance Bid #19-0103 Gymnasium floor refinish Line Item #140 -Screen and recoat gymnasium floor with oil modified gymnasium floor finish. • Screen / Abrade the entire wood floor surface up to the bleachers in the closed position. • Thoroughly clean the entire surface. • Apply (2) coats of oil base gym finish • Base will not be removed during refinish and no paint will be touched up • Gymnasium will need to be closed for 7 days for application and cure time • A/C will need to be running during this time 15,600 sq. ft. @ $.28 per sq. ft. - $ 4,368.00 Southeastern Surfaces & Equipment, Inc. By: Tracie A Ward Phone 386-428-8875 Fax 386-428-8767 Email tward@sseteam.com . P.O. Box 602 ● 569 Canal Street ● New Smyrna Beach ● Florida ● 32170 Phone: (386) 428-8875 ● Fax: (386) 428-8767 www.sseteam.com Florida State Certified M/WBE Florida State Certified General Contractor – CGC 012423 . TERMS AND CONDITIONS DISCLAIMER Exposure to the oil based polyurethane gym finish within seven (7) days of application of the polyurethane finish may lead to health effects that include, but are not limited to, irritation of the skin and mucous membranes, chest tightness, and difficult breathing. Isocyanates are compounds found in polyurethane finishes, and they are classified as potential human carcinogens and known to cause cancer in animals. The main effects of hazardous exposure to polyurethane finishes are occupational asthma and other lung problems, as well as irritation of the eyes, nose, throat, and skin. It is advised that facilities remain closed for seven (7) days to allow the polyurethane finish to complete its cure time and to prevent any hazardous exposure to the purchaser and its customers. • FINANCE CHARGES Purchaser will receive monthly statements; however, payment is due upon receipt of original invoice. If the balance shown on a monthly statement is not paid before the 30th day of the same month, interest will accrue on the unpaid amount at the highest rate allowable by Florida law. • ALL QUOTES are subject to the City of Clearwater standard terms and conditions posted at www.myclearwater.com/purchaseorder-TandC and www.myclearwater.com/government/city-departments/finance- budget/doing-business-with-the-city P.O. Box 602 ● 569 Canal Street ● New Smyrna Beach ● Florida ● 32170 Phone: (386) 428-8875 ● Fax: (386) 428-8767 www.sseteam.com Florida State Certified M/WBE Florida State Certified General Contractor – CGC 012423 Q U O T A T I O N TO: The Long Center DATE: 06/25/2020 1501 N Belcher Road PHONE: Clearwater, FL 33765 EMAIL: ATTN: Leroy Chin PROJECT: Screen & Recoat Clearwater, FL Per Sarasota County Maintenance Bid #19-0103 Athletic Equipment Replacement • Line Item #84 – provide and install replacement wall pads @ $14.50 per sq. ft. o 36 each 2’x 6’ x 2” wall pads – 432 sq. ft. @ $14.50 per sq. ft = $ 6,264.00 • Line #102 – provide and install regulation glass backboards, Model #AFRG42 42” x 72” o 6 each @ $895 each = $5,370.00 • Line #105 – provide and install bolt on edge padding for glass backboards o 6 each @ $250 = $1,500.00 • Line #97 – provide and install break away goals o 6 each @ $275 = $1,650.00 • Line #68 – provide and install electric winches o 6 each @ $1,450 = $8,700.00 • Line #66 – install new cable o 24 @ $85 = $ 2,040.00 • Line #69 – provide and install divider curtain motors o 2 each @ $1,750 = $3,500.00 • Line #95 – provide and install replacement divider curtain vinyl o 4,350 sq. ft. @ $3.50 = $15,225.00 • Line #107 – provide and install replacement pipe o 174 each @ $12.50 = $2,175.00 • Line #210 – rental of equipment o Scissor lift, @ $750 o Dumpster for disposal of materials $600 • Line #208 – materials not otherwise detailed in bid at cost plus 10% o Pro-mold cutouts for wall pads @ $ 328*1.10% = $360 o Divider curtain structure $840 per 40’, 4 total = $3,320 @ 1.10% = 3,652.00 • Line #209 – labor for removal of existing equipment o 2 technicians @ 16 hours each = 32 @ $55 = $ 1,760.00 Total as outlined above: $ 52,866.00 P.O. Box 602 ● 569 Canal Street ● New Smyrna Beach ● Florida ● 32170 Phone: (386) 428-8875 ● Fax: (386) 428-8767 www.sseteam.com Florida State Certified M/WBE Florida State Certified General Contractor – CGC 012423 Southeastern Surfaces & Equipment, Inc. By: Tracie A Ward Phone 386-428-8875 Fax 386-428-8767 Email tward@sseteam.com . . TERMS AND CONDITIONS DISCLAIMER Exposure to the oil based polyurethane gym finish within seven (7) days of application of the polyurethane finish may lead to health effects that include, but are not limited to, irritation of the skin and mucous membranes, chest tightness, and difficult breathing. Isocyanates are compounds found in polyurethane finishes, and they are classified as potential human carcinogens and known to cause cancer in animals. The main effects of hazardous exposure to polyurethane finishes are occupational asthma and other lung problems, as well as irritation of the eyes, nose, throat, and skin. It is advised that facilities remain closed for seven (7) days to allow the polyurethane finish to complete its cure time and to prevent any hazardous exposure to the purchaser and its customers. • FINANCE CHARGES Purchaser will receive monthly statements; however, payment is due upon receipt of original invoice. If the balance shown on a monthly statement is not paid before the 30th day of the same month, interest will accrue on the unpaid amount at the highest rate allowable by Florida law. • ALL QUOTES are subject to the City of Clearwater standard terms and conditions posted at www.myclearwater.com/purchaseorder-TandC and www.myclearwater.com/government/city-departments/finance- budget/doing-business-with-the-city Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8041 Agenda Date: 8/17/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve a proposal by Construction Manager at Risk Certus Builders of Bristol, Florida, in the amount of $223,812.93 for the renovation and construction of Phase II restroom expansion at Barefoot Beach House located on south beach at 332 S. Gulfview Boulevard and authorize the appropriate officials to execute same. (consent) SUMMARY: On June 28, 2016, 2016, the Council approved the use of Construction Manager at Risk Services (CMR) for Continuing Contracts Biltmore Construction Co., Inc. of Belleair, FL; Cathey Construction and Development, LLC of Mexico Beach, FL; Certus Builders, Inc. of Tampa, FL; J. Kokolakis Contracting, Inc. of Tarpons Springs, FL; J.O. Delotto & Sons, Inc. of Tampa, FL; Keystone Excavators, Inc. of Oldsmar, FL; Khors Construction, Inc. of Thonotosassa, FL; and Wharton-Smith, Inc. of Sanford, FL 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. The Construction Manager at Risk Contract with Certus Builders was set to expire on August 4, 2020. Per Clearwater Code of Ordinances Section 2.561(8) and Article 12 (Section III, General Conditions), the City Manager approved an amendment extending the Contract until October 1, 2020. This Proposal further extends the Contract until completion and acceptance of this Project and upon final payment. On December 3, 2015, Council awarded a contract to Certus Builders of Tampa, Florida in the amount of $124,908.02 for the renovations and construction of Phase I to the restrooms at Barefoot Beach House, 332 S. Gulfview Blvd. Phase I consisted of expanding and improving the women’s public restroom facilities at Barefoot Beach House and increasing the amount of water closets in the women’s room from five to thirteen. This phase was completed in June of 2016. Phase II in the amount of $223,812.93 is for the renovation of the men’s restrooms, expanding the number of toilet fixtures and providing a separate companion restroom for family use. Delays in construction of Phase II were caused due to FEMA building requirements. During construction, the current men’s restrooms will be closed with portable facilities being provided and made available to the public. Construction will be completed prior to Spring Break 2021. Page 1 City of Clearwater Printed on 8/16/2020 File Number: ID#20-8041 APPROPRIATION CODE AND AMOUNT: 315-93646, Restroom Expansion-Barefoot Beach House A third quarter budget amendment will provide a transfer of $40,370 from capital improvement project 315-93672, Clearwater Beach Infrastructure R&I, to capital improvement project 315-93646, Restroom Expansion-Barefoot Beach House, to provide additional funds needed for this contract. Page 2 City of Clearwater Printed on 8/16/2020 AMENDMENT NO. 2 CONSTRUCTION MANAGER AT RISK CONTRACT CERTUS BUILDER INC. This AMENDMENT NO. 2 is made and entered into by and between the City ofClearwater, Florida CITY) and CERTUS BUILDERS INC., (CONSTRUCTION MANAGER) on this 3 day of 2020. WHEREAS, the CITY AND CONSTRUCTION MANAGER previously entered into a contract on June 28, 2016, hereinafter referred to as the Contract, to provide for construction, design, and preconstruction services on an as -needed basis; and WHEREAS, the Contract is set to expire on August 4, 2020; and WHEREAS, per Clearwater Ordinance Section 2.561(8) and Article 12 (Section III, General Conditions), the CITY has the option to extend the Contract for 59 days; WHEREAS, the Parties desire to extend the Contract duration. NOW THEREFORE, in consideration of the mutual terms, covenants, conditions contained herein, the Parties agree as follows: 1. The term of the Contract shall be extended and will now expire on October 1, 2020. 2. Except as expressly modified by this Amendment, all other terms, and provisions of the Contract shall remain in full force and effect. 3. The foregoing recitals are incorporated herein and form a part of the Contract. IN WITNESS WHEREOF, the Parties have executed this Contract as of the date set forth above. CERTUS BUILDERS INC. By:J"(a Name: ShyL,rr yt A. done( Title: Pv- s iervt Date: i/3& btb,6 1 CITY OF CLEARWATER, FLORIDA OtIL1A_SU William B. Home, II City Manager Approved as to form: Owen Kohler Assistant City Attorney Attest: Rosemarie Call City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7754 Agenda Date: 8/17/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve a lease agreement between the InterCultural Advocacy Institute, Inc. and the City of Clearwater for the premises located at 612 Franklin Street, Clearwater, Florida, for a period commencing November 1, 2020 and terminating on October 31, 2023, and authorize the appropriate officials to execute same. (consent) SUMMARY: Since 2001, the City has been leasing their facility at 612 Franklin Street, Clearwater which has been used to create and operate a central facility that houses many relevant services needed by Clearwater’s Hispanic Community. The current lease agreement with InterCultural Advocacy Institute, Inc., will expire on October 31, 2020 for the operation of the Hispanic Outreach Center (HOC). To date, all partnerships involving the premises known as the HOC and the attendant community programs have been very successful and have received public acclaim. A current listing of some of the services/programs offered through the HOC include: ·Referring both victims and witnesses to the Clearwater Police Department (CPD). ·Referring individuals to civil court or other non-profits for assistance. ·Handling domestic injunctions and referrals. ·Training & Consultation. Topics include human trafficking, wage theft, refugee resettlement outreach, police-minority relations, and cultural integration. ·Collaborating with Community Organizations such as the Mexican Council of Tampa Bay, Suncoast Center, Girl Scouts of West Central Florida, Gulfcoast Legal Services, and others, to provide on-site services for the Hispanic community. ·Managing the Hispanic Leadership Council, of which the City of Clearwater and the Clearwater Police Department are members, to enhance services and access for the Hispanic community. ·Providing both interpreter and victim advocacy services. These services respond to the needs of the Hispanic community and may include health matters, legal issues, and other concerns identified by the Hispanic community, the Lessee, or CPD. ·Providing English for Speakers of Other Languages (ESOL) classes coordinated by the HOC. ·Administering youth services. HOC administers various youth programs targeted Page 1 City of Clearwater Printed on 8/16/2020 File Number: ID#20-7754 toward at-risk youth from Hispanic and other ethnic or language groups. These programs focus on risk reduction and the development of individual and leadership skills needed in adulthood. ICAI will be responsible for all maintenance of the inside of the premises and for all utility costs. The City will be responsible for all maintenance of the exterior of the premises, including the building and grounds. Either party may terminate the agreement on thirty days written notice if any single item of maintenance or repair exceeds $5,000. Page 2 City of Clearwater Printed on 8/16/2020 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) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached 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 RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED 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 have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE AmGUARD Insurance Company Scottsdale Indemnity Company Lloyds of London 3/13/2020 Bouchard Insurance (CLW) 101 N Starcrest Dr. Clearwater, FL 33765 727 447-6481 727 447-6481 727 449-1267 clcerts@bouchardinsurance.com InterCultural Advocacy Institute Inc 612 Franklin Street Clearwater, FL 33756 42390 15580 A X X X Y Y C1GP10058700 03/15/2020 03/15/2021 1,000,000 100,000 20,000 1,000,000 3,000,000 3,000,000 A X X X C2GP10047000 03/15/2020 03/15/2021 1,000,000 A X X C3GP10025400 03/15/2020 03/15/2021 4,000,000 4,000,000 B A A D&O/EPLI Sexual Abuse Prof Liabiliy EKI3324042 C1GP10058700 C1GP10058700 03/15/2020 03/15/2020 03/15/2020 03/15/2021 03/15/2021 03/15/2021 1,000,000/1,000,000 1,000,000/3,000,000 1,000,000/3,000,000 Cyber Liability - Lloyds of London - Policy number ESI0115314885 Effective date 03/22/2020-21 Limits $1M each claim; Deductible $2,500 Crime Coverage is included in C1GP10058700; Employee Theft: 300,000; Forgery or Alteration: 300,000; Inside the Premises - Robbery or Safe Burglary of Other Property: 300,000; Outside the Premises: 300,000; (See Attached Descriptions) Clearwater Police Department 645 Pierce St. Clearwater, FL 33756 1 of 2 #S1240461/M1240446 INTERCULClient#: 16741 CHRSN SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) Computer and Funds Transfer Fraud: 300,000; Deductible - $1,000 If required by written contract, Certificate Holder is an additional insured with respect to General Liability, subject to the terms, conditions and exclusions of the policies. Coverage with respect to General Liability is primary and noncontributory. When required by written contract, waiver of subrogation applies in favor of Certificate Holder with respect to General Liability, subject to the terms, conditions and exclusions of the policy. 2 of 2 #S1240461/M1240446 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8042 Agenda Date: 8/17/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Approve a purchase agreement with Inventech Marine Solution, of Bremerton, WA, in the amount of $181,526 for a 27-foot police patrol vessel, engines, and trailer, in accordance with Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids; declare surplus and authorize for disposal at auction G3782 and G3783, being replaced in accordance with Clearwater Code of Ordinances Section 2.622; and authorize the appropriate officials to execute same. (consent) SUMMARY: The Clearwater Police Department Marine Patrol Unit was established in 2010 after the City Council approved the purchase of a 23-foot Contender, equipped with a Yamaha F250 outboard engine and an aluminum trailer. The purpose of the Marine Patrol Unit is to increase boating safety within the waterways of the city of Clearwater. The current vessel (G3782) and trailer (G3783) were placed in service in February 2011. The hull of the vessel has experienced cracking from environmental conditions and the engine has exceeded the industry standard life expectancy of 1,500 hours, by an additional 1,000 operating hours. City Council authorization for surplus is required in accordance with Code Section 2.622, when the sale of common bulk items is estimated to exceed $5,000. The Police Department evaluated a variety of patrol vessels consisting of both fiberglass and aluminum hulls for replacement of the current vessel. Aluminum hull vessels are extremely reliable and are becoming the industry standard for public safety agencies. During this process, the Police Department evaluated several aluminum vessel manufacturers; the evaluation was based on functionality, warranty, cost, and customer service. Based upon this evaluation, staff recommends the purchase of a Life Proof 27HT102-PRO vessel (open cockpit, center console) that is powered by dual Mercury 225 outboard engines. The vessel is coupled with an aluminum tandem-axle trailer and made available as a package through Inventech Marine Solutions, in the amount of $181,526. The pricing included in this purchase agreement was competitively solicited and obtained through a contract established by the U.S. Federal General Services Administration (GSA) Schedule 84, Contract #47QSWA18D0015. Schedule 84 serves as a national resource for local government entities to procure Total Solutions for Law Enforcement and Marine Crafts Page 1 City of Clearwater Printed on 8/16/2020 File Number: ID#20-8042 through the Government's Cooperative Purchasing Program. The Police Department anticipated this purchase and has funding available to complete the purchase of this replacement vessel. On-going maintenance costs, fuel, and upkeep funds are available within 181-99329 (Investigative Cost Recovery), consistent with costs associated with these purposes for the department’s current vessel. Vessel/Trailer Information for Surplus: G3782 - 2011 Contender Open Fishermen 23-foot boat - VIN# JDJ23757A111 G3783 - 2011 Ameri-Trail Boat Trailer - VIN# 4DJAB2225BA004324 APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will establish project P2001, Police Boat Replacement, transferring $181,526 in fine revenue from special program 99329, Investigative Cost Recovery to fund this purchase. Revenues from the surplus sale will be credited to special program 99329, Investigative Cost Recovery, to offset a portion of this expense. Page 2 City of Clearwater Printed on 8/16/2020 Customer: Date: 6/30/2020 Quote valid for 120 days Model No.27HT102-PRO Hull Length (Feet) 27' Length Overall (LOA) Approx 27'-6" Beam with Collar (Feet)8'-6" Speed (light load) 50+ mph Deadrise at Transom 22 Deadrise at Entry 48 Engine HP Dual 225HP Fuel Capacity 150 gallons Seated Positions 14 People Light Load: dry weight, w/ engines, no fuel Approx: 6,000 lbs Standard Features Hull Features Hull Plate: (1/4") .250" Side Sheet: (3/16") .190" Deck Plate:(3/16") .190" Superstructure:(5/32") .160" 5086 Aluminum Plate Hull Construction Self Bailing Deck 1" Aluminum Hand Rails Fiberglass Reinforced Bags filled with Polyethylene Foam Under Decks Removable Center Deck Plate for Fuel Tank Access Aluminum Welded, Baffled, Fuel Tank Welded In Speed Shoe Pad in Bottom Plate Lifting Strakes, Interceptors and Spray Rails Tailored to Craft Configuration Welded Bow Eye and Welded Stern Eyes Stainless Steel Hardware Eight (8) Weld-On Aluminum Cast Cleats, 10" Welded on Anode Mounts Sacrificial Anode for Salt / Fresh Water Blue Collar (same as Cornelius) PD/Blck rub strake F.A.S.T (Foam Air Stabilized Technologies) 100% Foam Collar System Small Air-Bladder for Collar Tensioning Epoxy Painted Side Sheets Behind Collar System Rubstrake (Black) Life Lines with D-Rings Port Helm Position with Center Binnacle Three-Piece Glass Glazed Windshield System Vessel Characteristics Boat Configuration IMS GSA NO. 47QSWA18D0015 27' x 8'6" Deep-Vee F.A.S.T Collar All Aluminum Open Cockpit Center Console Hard-Top Twin Gasoline Powered Outboard Patrol Enhanced Aluminum 48" Wide Approx. Center Console with Aluminum Hardtop, No Aft Stanchions, Glass Windscshield and Side Windows Full Interior Beam Rigging and Storage Lockers at Stern Cushioned Bench Seat w/ Storage Integrated Fwd of Console One Pair (2) Shockwave S5-CORBIN Mid Back Shock-Mitigating Seats for Coxswain and Navigator Mounted On Seat Riser / Storage Box, Folding Footrests on Console Collar Features Console Features 7/7/2020 27HT102-PRO 1 of 3 Windshield Wiper & Washer System w/ Multi-Speed Control and Delay Features Console Fwd Cushioned Bench Seat w/ Backrest Anti Glare Dash Covering Exterior Grab Rails Around Hardtop, FWD Console and Aft Structure Navigation Lights (LED) Anchor Light (LED) Two (2) Red/White (LED) Dome Lights Ten (10) Deck Courtsey Lights Digital Fuel Gauge Compass - Ritchie Navigation Trumpet Horn Two (2) 12V Electrical Plugs Two (2) USB Electrical Plugs Two (2) Cup Holders Seating & Upholstery One Pair (2) Shockwave S5-CORBIN Mid Back Shock-Mitigating Seats Console Mounted FootRests Console Fwd Cushioned Bench Seat w/ Backrest Electric Bilge Pump w/ auto/man/off switch 2000GPM Robust Electrical System with Dedicated House AGM Battery Bank EPA Compliant Fuel-System w/ RACOR fuel/water seperators Ruberized Non-Skid Deck Covering (Grey in Color) Flag Pole Holder w/ American Flag Aluminum Anode (2ea) Two (2) Fire-Extinguishers Lighting One (1) LED Remote Controlled Spotlight 4000 lumens Four (4) LED Floodlights Mounted to HardTop Navigation / Communication Equipment One (1) Garmin 12" Chartplotter 7612 XSV One (1) Garmin GMR18HD Radar One (1) Transom Mount, Down and SideVu Chirp Transducer One (1) Thru-Hull Depth Transducer One (1) GPS Antenna One (1) Garmin 210 VHF Radio Safety, Security, Rescue Equipment Transom Ladder Outfit Kit including Anchor w/ Chain and Rode, Dock-Lines, Fenders, Boat Hook Trailer Tandem Axle 8500 lbs Capacity Trailer Commercial GSA Base-Platform Price 132,321.00$ 126,654.86$ Rigging Features Outfit and Finish 7/7/2020 27HT102-PRO 2 of 3 Commercial GSA PropulsionTwin Mercury 225HP SeaPro Outboards Fly-By-Wire, Power Steering, Includes All Rigging, Hydraulic Steering and Installation 45,500.00$ 43,551.64$ Add Agency Lettering (GREY in Color)1,358.16$ 1,300.00$ Package Pricing Add Personal Recovery Cutouts P/S n/c N/C Law Enforcement Package - LED Alert Lights, Hailer, Sirens (delete GFE Radio install-leave cutout in console for customer to install radio) 2,285.19$ 2,161.64$ Total Price Including All Options*181,464.35$ 173,668.14$ -$ Add Lenco Trim Tab Kit TT9x12 1,172.00$ 1,172.00$ Delete Shock-Mitigating Seating, Convert to Tall Leaning Bolster with Weapons Storage Locker (2,000.00)$ (1,914.36)$ Extend Rooftop and Add Stern Support Posts 1,250.00$ 1,250.00$ Delete Radar from Base-Boat (1,500.00)$ (1,500.00)$ Add Stern Tow-Post 550.00$ 550.00$ Commercial GSA + Commercial Only Total Price Including Additional Options*180,936.35$ 173,225.78$ *Price Does not Include WA State Sales-Tax, Shipping or Delivery Shipping Prep / Shrink Wrap 1,100.00$ 1,100.00$ Shipping Estimate to Cleawater, FL = $2.25 mile * 3,200 miles 7,200.00$ 7,200.00$ Total Price Delivered 189,236.35$ 181,525.78$ 1 Full Day on Water Training 1,200.00$ 1,148.61$ Select Options GSA Discount above 300k 7/7/2020 27HT102-PRO 3 of 3 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9383-20 Agenda Date: 8/17/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Police Department Agenda Number: 5.3 SUBJECT/RECOMMENDATION: Amend the Clearwater Code of Ordinances, Section 33.055, relating to the regulation of derelict vessels and pass Ordinance 9383-20 on first reading. SUMMARY: The police department works in conjunction with local and state agencies to address ‘at risk’ vessels and ‘derelict’ vessels. Per Florida Statute § 327.4107 a vessel is ‘at risk’ if any of the following conditions exist: (a) the vessel is taking on or has taken on water without an effective means to dewater; (b) Spaces on the vessel that are designed to be enclosed are incapable of being sealed off or remain open to the elements for extended periods of time; (c) The vessel has broken loose or is in danger of breaking loose from its anchor; (d) The vessel is left or stored aground unattended in such a state that would prevent the vessel from getting underway, is listing due to water intrusion, or is sunk or partially sunk; or (e) The vessel does not have an effective means of propulsion for safe navigation within 72 hours after the vessel owner or operator receives telephonic or written notice. Per Florida Statute § 823.11 a vessel is ‘derelict’ if it is left, stored, or abandoned in a wrecked, junked, or substantially dismantled condition. The police department is currently addressing four vessels deemed ‘at risk’ and two vessels that are deemed ‘derelict.’ The changes to Section 33.055 will give the City of Clearwater an additional option for addressing derelict vessels: issuance of a civil citation to be heard by the City’s special magistrate. Compared with prosecution through the county court system, the magistrate route will provide the police department a quicker option to legally declare vessels ‘derelict’ or ‘at risk.’ Page 1 City of Clearwater Printed on 8/16/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8039 Agenda Date: 8/17/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve Engineer of Record (EOR) Work Order to McKim and Creed, Inc., in the amount of $201,910.50 for the Northeast (NE) Water Reclamation Facility (WRF) Motor Control Center-1 (MCC-1) and Distribution Centers 1 and 2 (DC-1 and DC-2) Replacement (17-0028-UT) and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater owns and operates the Northeast Water Reclamation Facility (NE WRF). This project will replace and upgrade Motor Control Center 1 (MCC-1), which controls the motors that operate the 2nd Anoxic Tank, in addition to the two switchgear distribution centers, DC-1 and DC-2, that transition power to a generator upon loss of utility power. MCC-1 is housed in an outdoor fiberglass enclosure that is showing signs of age and is exposed to heating from the sun. DC-1 and DC-2 are more than 40 years old and have reached the end of their useful life. In addition to replacing the equipment, this project will evaluate technological advances that may be implemented to improve operation and maintenance efficiencies. This project includes geotechnical and environmental assessments. The geotechnical investigation will evaluate localized subsidence in the area the equipment is currently housed to determine if structure stabilization is required or if a new location is recommended. The environmental investigation includes an asbestos and lead survey. APPROPRIATION CODE AND AMOUNT: 3277327-561300-M1906 $201,910.50 Funding is available in Water and Sewer Renewal and Replacement Project M1906, Northeast Plant R&R, to fund the work order. Page 1 City of Clearwater Printed on 8/16/2020 WORK ORDER INITIATION FORM 1 of 10 Revised: 07/22/2019 1365 Hamlet Ave Clearwater, FL 33756, (727) 442-7196 WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: June 2020 Consultant Project Number: ___________ City Project Number: 17-0028-UT City Plan Set Number: 2020013 1. PROJECT TITLE: NE WRF MCC-1, DC1 & 2 Replacement 2. SCOPE OF SERVICES: The City of Clearwater (City) has requested McKim & Creed provide engineering design services for the replacement of the 2nd Anoxic Mixer motor control center (MCC-1) and the switchgear distribution centers (DC-1 and DC-2). The switchgear distribution centers DC-1 and DC-2 are more than 40 yrs. old and have reached the end of their life cycle. Many of the breakers are unused and parts replacement can only be done in the aftermarket segment. In addition, the room housing the DC-1 and DC-2 enclosures is susceptible to flooding. The City has asked McKim & Creed to provide a design for replacement of MCC-1, DC-1 and DC-2 and associated ATS that will incorporate mitigation for flooding, which could include installing the equipment in a separate building raised at least 2 ft above the 100-year flood level to be determined. As part of this design effort, the City has requested that a standby power capacity analysis be done for the equipment connected to DC-1 and DC-2 and its effect on the existing Caterpillar 750kW generator that supplies standby power to this system. This may include load shedding schemes. McKim & Creed will provide their findings in the form of a technical memorandum (TM). MCC-1 is housed in an outdoor fiberglass enclosure and is showing signs of age. This Model 5 motor control center, first manufactured in 1992, has been replaced by the Model 6 (2009). Though parts are still obtainable, they will continue to be less available as time goes on. In addition, technological advances in MCC design, can be incorporated to help make operational and maintenance decisions more efficient. The MCC in its current location is exposed to heating from the sun even though it is in a vented fiberglass enclosure. In addition, insects from the outside have infested the MCC. The City has WORK ORDER INITIATION FORM 2 of 10 Revised: 07/22/2019 requested this MCC be replaced in a new location, near DC-1 & DC-2. It will be housed in the same structure as DC-1 & DC-2. Additionally, the City has asked for a review of the main building structure as it pertains to the blower building room and floor subsidence that is attached to it. Site inspections and soils bore testing will be part of a technical memorandum provided to the City with recommendations for possible remediation. Design will not be a part of this task. Design and contract document preparation along with bid phase for the electrical and controls portion of this scope (including any new electrical building structure) are included in this Work Order. Construction Services, generator replacement and repairs to the existing structure may be part of a future work order. Task 1– Project Administration, Data Collection and Review: Task includes project setup, progress meetings and invoicing. Review Record Drawings; obtain operational data including O&M’s, electrical and control drawings. Perform kick off meeting, and site visits as needed, that will include interviews with plant operational staff to discuss current operations, and to discuss potential system modifications. A health and safety plan will be prepared and submitted to the City Project Manager prior to EOR mobilizing to site. EOR will schedule meetings, send invites, prepare agendas, meeting notes, etc. for all meetings. EOR will prepare a schedule and review at each progress meeting. QP-17 Forms shall be filed as record of Quality Assurance Review of the project documents and can be made available at any time. These forms will be included in the Project Catalog. Task 2– GEOTECH: McKim & Creed will hire the services of Driggers a Geotech firm to provide a test bore at the proposed location of the new electrical building and at the blower building near the area of structural failure. Costs will be passed through to the City at no additional fees. Sub-Contractor invoices will be submitted separately during normal invoicing period. Pile foundation is not anticipated, but if required, additional boring charges will be directed to the City. Task 3– Lead Paint & Asbestos Report: McKim & Creed will hire the services of OHC Engineering a testing firm to provide tests for lead and asbestos the location of the existing blower and electrical building. Costs will be passed through to the City at no additional fees. Sub-Contractor invoices will be submitted separately during normal invoicing period. If areas identified, removal or mitigation will be part of construction documents. WORK ORDER INITIATION FORM 3 of 10 Revised: 07/22/2019 Preliminary Engineering/Basis of Design Report (BODR) A preliminary engineering report (or Basis of Design Report), including conceptual drawings, will be developed and reviewed consistent with Tasks 2, 3 and 4. The preliminary engineering report, although conceptual, will be advanced to an approximate 30% design. Once accepted by the City, the preliminary engineering report will form the basis of design for Task 5 – Design Services and will be the basis for advancing the accepted 30% design to 75%, 100% and ultimately Issue for Bid designs. Items to be included in this effort are: • Draft Technical Report • Review Meeting with City Staff • Final Technical Report Task 4 – Control System Review and Modifications McKim & Creed will include in the design review and modifications of the new electrical distribution system, the addition of power monitoring (including sub-metering and trending) to be provided in SCADA. Construction documents will include the necessary drawings and specifications for contract documents. Existing process control functions for MCC will be reviewed and modified to be included or transferred to new motor control center. Discussion with staff on the possible use of “Smart” MCC technology will be part of kick off and initial site visits. Task 5 – Standby Capacity Power Analysis of DC-1 & DC-2 McKim & Creed shall perform a capacity analysis for the equipment connected to DC-1 & DC-2 and its effects on the Caterpillar 750kW generator that supplies standby power to this system. This analysis will identify the connected loads on the standby system and the ability to supply power using the existing 750kW standby generator and ascertain the present and future standby power requirements. Analysis will include fuel system requirements as well as possible connection alternatives. A summary of findings will be sent to the City for review. A cost benefit analysis of differing Utility power cost-based fuel options (i.e. Natural Gas) will not be part of the capacity analysis. However, McKim & Creed can be prepared to discuss this option at a high conceptual level as part of the early progress meetings. Items to be included in this effort are: • Data collection • Site Visits • Draft Technical Report • Review Meeting with City Staff WORK ORDER INITIATION FORM 4 of 10 Revised: 07/22/2019 • Final Technical Report Design work formulated from this report and meeting will be addressed as additional services to this work authorization if the City chooses to move forward with the recommendations. Task 6 – Structural Technical BODR This task will provide the City with a memorandum summarizing the findings and recommendations for the request to investigate the subsiding floor and cracked walls in the affected areas outlined in the scope above. Items to be included in this effort are: • Data collection • Site Visits • Draft Technical Memorandum • Review Meeting with City Staff • Final Technical Memorandum Design work formulated from this memo and meeting will be addressed as additional services to this work authorization; if the City chooses to move forward with the recommendations. Task 7 – Design Documents McKim & Creed shall provide 75%, 100%, Issue for Bid Documents, and Conformed set of drawings and technical specifications with an updated opinion of construction cost at each submittal including the following: • Review meetings with City staff of the 75% and 100% submittals. • Recommended construction-sequencing plan to keep critical equipment operational. • Plans and specifications to adhere to NEC, NFPA 70 E and Florida Building Code. Drawings to include but not be limited to: • Site plan • Structural Pad Drawings and Building Specification • Single line diagrams • Interconnect diagrams (If Smart MCC is chosen, a separate Network Diagram for the MCC will be included) • Conduit/cable routing plan • Switchgear and MCC plans and elevations • Motor starter schematics • Electrical details • Provide Permit Drawings for City Building Department Task 8 – Bid Documents, Bidding Services & Project Catalog • Assist and attend the City in a Pre-Bid meeting. The City shall prepare an agenda. • Provide Contractor design question responses and aid the City in the preparation of addenda. City will issue all addenda. WORK ORDER INITIATION FORM 5 of 10 Revised: 07/22/2019 • Review bids received by the City and provide recommendation of award. • Provide Conformed Documents to Contractor. • Provide Project Catalog in electronic format of project documents to City of the following o Correspondence, meeting minutes, contract documents, change orders, field orders, RFIs, work change directives, addenda, additional drawings issued subsequent to the execution of the Contract, progress reports, shop drawing and progress submittals, regulatory correspondence and other project-related documents such as O&M manuals and warranty information, as available. Assumptions: • No changes to plant processes. • Pilings not anticipated for new electrical building and are not included. • Control modifications limited to Task 4. • Interior painting of existing electrical room with minor patching as necessary. • No Construction Services (To be part of a separate work order) 3. PROJECT GOALS: Deliverables for the project will include: • Draft and Final BODR in electronic PDF format of: o Standby Power Capacity Technical Report for Tasks 5; o Structural Report per Task 6 • Electronic 75%, 100%, drawing sets for City review • Three (3) bound Sets of Permit Documents for Building Department • Three (3) full sized 24”x36” Issue for Bid Signed and Sealed Bid Construction and Specification Documents, with Engineers Estimate of Probable Cost for City Record and Bid. • One Full size 24”x36” Set Conformed Construction Documents to give to Contractor and electronic copy for City. • Meeting minute coordination and review with City for kickoff, status and progress review meetings. • Project Catalog to be submitted electronically CD/DVD ROM. 4. BUDGET: See attachment “B” This price includes all labor and expenses anticipated to be incurred by McKim & Creed, Inc. for the completion of these tasks in accordance with Professional Services Method “A” – Cost Times Multiplier Basis – Percentage of Completion by Task for a fee not to exceed Two Hundred One Thousand Nine Hundred Ten dollars and fifty cents ($201,910.50). WORK ORDER INITIATION FORM 6 of 10 Revised: 07/22/2019 5. SCHEDULE: Project schedule will commence upon receipt of written authorization from the City. The project is to be completed within 258 calendar days from issuance of Work Order. This includes 21 days of City review time including meeting with the City at each submittal. The project shall be phased as follows from the Notice to Proceed: Data Collection & Review 30 calendar days BODR 60 calendar days City Review Completion and Meeting 81 calendar days 75% Design Documents 141 calendar days City Review Completion and Meeting 162 calendar days 100% Design Documents 207 calendar days City Review Completion and Meeting 228 calendar days Issue For Bid 258 calendar days 6. STAFF ASSIGNMENT (City): David Ojeda– City Project Manager Jeremy J. Brown, PE – Utilities Engineering Manager Catherine Borden – NE WRF Chief Operator Jason Jennings – Wastewater Environmental Tech. Manager Richard G. Gardner, PE – Public Utilities Assistant Director Michael Gilliam - PU Infrastructure Maintenance Manager Kervin St. Aimie - PU Infrastructure Maintenance Assistant Manager Zeron Rance PU (Acting Utilities Electrical Supervisor) Michael Flannigan - Public Utilities Assistant Manager (Consultant) Mitch Chiavaroli, PE – Sr. Project Engineer – QA/QC Aubrey Haudricourt, PE – Sr. Project Engineer - Project Manager / Lead Engineer Mike Fadini, PE – Senior Engineer – I&C Emmett Anderson – Senior Engineer - Structural Laurel Smith, EI – Project Intern Engineer Suvath Seng, EI – Project Intern Engineer Josephine Garas - Designer WORK ORDER INITIATION FORM 7 of 10 Revised: 07/22/2019 7. CORRESPONDENCE/REPORTING PROCEDURES: Engineer’s project correspondence shall be directed to Aubrey Haudricourt, PE All City project correspondence shall be directed to the City Project Manager, with copies to the Utilities Engineering Manager and Public Utilities Assistant Director. Engineer shall provide a minimum of forty-eight (48) hours’ notice to conducting fieldwork/site visits. Engineer shall provide a minimum of seven (7) days notification for site visits requiring the assistance of City personnel. Engineer acknowledges that all City directives shall be provided by the City Project Manager. A health and safety plan must be submitted to the City Project Manager prior to conducting any fieldwork/site visits. In addition to the original copies delivered as stated in the scope of work, all project deliverables will be submitted in electronic format on CD or other City approved device prior to approval of final invoice. 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Attn. Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 3277327-561300-M1906 9. INVOICING PROCEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. City Project, Purchase Order 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 Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). Attachment ‘A’ 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 (including 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 10 of 10 Revised: 07/22/2019 NE WRF MCC-1, DC1 & 2 Replacement City Project 17-0028-UT McKim & Creed, Inc. WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Sub-Consultant Services Labor Total Task 1 Project Administration, Data Collection and Review, Meetings $30,605.00 $30,605.00 Task 2 Geotech $4,670.00 $4,670.00 Task 3 Lead & asbestos testing $1,580.00 $1,580.00 Task 4 Control System Review and Modifications $14,842.00 $14,842.00 Task 5 Standby Capacity Power Analysis of DC-1 & DC-2 $16,726.00 $16,726.00 Task 6 Structural Analysis BODR $18,710.00 $18,710.00 Task 7 Design Documents 75%,100%, IFB & Permitting $86,816.00 $86,816.00 Task 8 Bidding Services and Project Catalog $9,606.00 $9,606.00 Sub-Total $183,555.00 Task 9 10% Contingency $18,355.50 Total $201,910.50 State Road 580 AERIAL MAP Distribution Centers 1 & 2 Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\17-0028-UT_DC_MCC_Upgrades.mxd Motor Control Center 1 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale: Northeast WRF MCC-1, DC-1 & DC-2 ReplacementProject Number: 17-0028-UT Page: 1 of 17/15/2020Date:21-28s-16eS-T-R:Grid #:201B KNMap Gen By:DOReviewed By: Legend: Parcel Lines Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8047 Agenda Date: 8/17/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve Engineer of Record (EOR) Work Order to Hazen and Sawyer, in the amount of $189,024.00, for the Chemical Storage and Handling project (19-0034-UT) and authorize the appropriate officials to execute same. (consent) SUMMARY: This project will evaluate chemical containment structures and handling procedures at infrastructure owned and maintained by the Public Utilities Department. The purpose is to assess all areas and equipment that store/utilize chemical agents and recommend improvements, if any, necessary to comply with regulatory requirements and best industry practices. It is anticipated the assessment will be completed within 166 calendar days from issuance of Notice to Proceed. APPROPRIATION CODE AND AMOUNT: 3217321-530100-96721 $94,512 3217321-530100-96664 $94,512 Funds are available in Capital Improvement Projects in amounts of $94,512 from 96721, System Renewal and Replacement, and $94,512 from 96664, WPC Renewal and Replacement, to fund the work order. Page 1 City of Clearwater Printed on 8/16/2020 WORK ORDER INITIATION FORM 1 of 11 Revised: 7/22/2019 Hazen and Sawyer WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: June 23,2020 Consultant Project Number: _TBD_______ City Project Number: 19-0034-UT City Plan Set Number: _TBD_______ 1. PROJECT TITLE: Chemical Storage and Handling 2. SCOPE OF SERVICES: PROJECT DESCRIPTION The City of Clearwater owns and operates three potable water treatment plants, three water reclamation facilities (WTPs, WRFs), and numerous associated facilities in the potable distribution and wastewater collection systems to provide its utility customers with safe drinking water and environmentally sound wastewater collection and treatment. Many of these facilities use chemical agents, which play key roles in the water and wastewater treatment processes. These chemicals are delivered in bulk and therefore must be properly stored and handled to ensure safety to the environment and to staff who handle them during normal plant operations. Secondary containment of chemical systems is employed to prevent the release of stored chemicals into the environment in the event of a spill or tank rupture. In addition, instrumentation and control (I&C) systems can provide monitoring capabilities to alert staff to problems with chemical storage, such as high or low levels in tanks. The City’s treatment plants and other facilities already employ these containment and I&C safeguards to a certain extent. However, incremental changes that happen over time during normal plant operations, such as equipment replacement or addition of new chemicals, warrant a periodic review of the chemical storage infrastructure to ensure that the existing safeguards remain sufficient or whether additional improvements are required. The purpose of this project is to evaluate the existing chemical containment structures and handling procedures in place at three water treatment facilities, three water reclamation facilities, and other key City facilities to ensure that all areas and WORK ORDER INITIATION FORM 2 of 11 Revised: 7/22/2019 equipment requiring it are included within the containment, that the containment structures and systems have sufficient capacity, and that the containment systems and handling procedures comply with regulatory requirements and industry best practices. Where a need for improvements is found, Hazen will develop recommendations and associated planning-level costs. The City is also concerned about the vulnerability of the respective chemical storage spaces to the impacts of projected sea level rise and future storm surge. Fuel storage, lubricants and other hydrocarbons will not be evaluated as a part of this project. In addition to the WTPs and WRFs, the following sites are included in the assessment: • Three reclaimed water booster stations: Union, Skycrest, and Drew. Various chemicals, such as sodium hypochlorite, are sometimes stored at these locations. • Two Iron Sponge units at LS11 and LS58: Although chemicals are not stored in bulk on site, certain harmful chemicals such as sulfuric acid have been produced as a byproduct and have leaked in the past. • The Cliff Stephenson Park Odophos station. • The Marshall Street Lab: Although chemicals used in the lab are in smaller quantities and not store in bulk, the lab’s chemical handling processes will be included in the assessment. • Coachman Station: Sodium hypochlorite and aqueous ammonia are stored here on occasion. PROJECT TASKS Task 1.0 – Project Management The CONSULTANT will complete the following subtasks: 1.1 Project Scheduling: The CONSUTLANT will prepare a project schedule to the CITY using MS Project software. A pdf copy of an updated schedule is to be submitted with the invoice following the end of each month. 1.2 Monthly Status Reports: The CONSULTANT will prepare a monthly status report for summarization of the current status of the project. The report is to be submitted with the invoice following the end of each month. 1.3 Project Meetings: The CONSULTANT will schedule and attend monthly status meetings with the City to provide information regarding the current status of the project. The meetings will be scheduled to coincide with the CITY’s Project Manager’s needs for such status information and be scheduled with CITY staff as directed by the CITY’s Project Manager. The CONSULTANT will prepare the agenda, sign-in sheet and minutes for these meetings. " " " # # # # # #Drew St.Booster Station WTP #2 / RO2 WTP #3 WTP #1 / RO1 WRF - NE Plant WRF - Marshall St Plant SkycrestBooster Station WRF - East Plant LS-11 LS-58 Odor Control Station Union St.Booster Station # LOCATION MAP Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\19-0034-UT PUD ChemStorageHandling\19-0034-UT_8.5x11.mxd 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:7/15/2020XXXXGrid #:XX-XXs-XXeS-T-R:KPReviewed By: Chemical Storage and HandlingProject Number: 19-0034-UT KNMap Gen By: WRF - Water Reclamation FacilityWTP - Water Treatment PlantLS - Lift Station Clearwater Service Area Area not in Clearwater Jurisdiction Sanitary Sewer Reclaimed Water Potable Water " # Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8081 Agenda Date: 8/17/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Approve the final plat for Union Place Replat, 1625 Union Street, located east of Highland Avenue and west of Keene Road. (consent) SUMMARY: This plat will create 30 single family residential lots, adding 3 lots to the currently plated subdivision. The project site consists of 5.34 acres M.O.L. The Replat was approved through the Development Review Committee on January 2nd, 2020. Page 1 City of Clearwater Printed on 8/16/2020 PARAGON CIR EPARAGON CIR WPARAGON CIR S UNION ST SUNSET POINT RD NUGGET DR N HIGHLAND AVE SOUVENIR DR ALGONQUIN DR PINE PL ELIZABETH LN BRENDLA RD EAST DR WEST DR THAMES ST WINDSOR DR ASHTON ABBEY RD POWDERHORN DR BYRAM DR STARLIGHT DR TOWNSEND ST ERIN LN MURRAY AVE BRAMPTON RD PICARDY CIR RIDGEWAY DR LITTLE NECK RD LOMBARDY DR GREENHILL DR ELM PL BELLEMEADE DR SHARONDALE DR GREAT BRIKHILL RD CLEARVIEW LAKE DR STARDUST DR OAK PL WINDSOR PL STRATHMILL DR HUNTINGTON LN CUMBERLAND LN KRUSE LN LOCATION MAP Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\Union Place - Replat.mxd 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 Union Place Replat Page 1 of 1Date:6/23/2020KNMap Gen By:02-29s-15eS-T-R:TMReviewed By:252AGrid #: Plat Location LEGAL DESCRIPTION: A PORTION A LAND LYING IN SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST; THENCE S89°13'29"E ALONG THE NORTH LINE OF SAID SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, A DISTANCE OF 143.97 FEET; THENCE S1°36'15"W, A DISTANCE OF 32.88 FEET TO THE POINT OF BEGINNING; THENCE S89°14'23"E ALONG THE SOUTH RIGHT OF WAY LINE OF UNION STREET, A DISTANCE OF 466.24 FEET; THENCE S0°04'32"E ALONG THE WEST LINE OF WINDSOR WOOD, AS RECORDED IN PLAT BOOK 78, PAGE 9, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, A DISTANCE OF 450.10 FEET; THENCE N89°14'"19W ALONG THE NORTH LINE OF SAID WINDSOR WOOD, A DISTANCE OF 479.43 FEET; THENCE S1°36'28"W, A DISTANCE OF 30.64 FEET; THENCE N89°14'23"W, A DISTANCE OF 128.74 FEET; THENCE N0°06'15"W, A DISTANCE OF 150.51 FEET; THENCE S89°14'23"E, A DISTANCE OF 133.23 FEET; THENCE N1°36'15"E, A DISTANCE OF 330.22 FEET TO THE POINT OF BEGINNING. CERTIFICATE OF APPROVAL OF THE CITY COUNCIL STATE OF FLORIDA COUNTY OF PINELLAS IT IS HEREBY CERTIFIED THAT THIS PLAT HAS BEEN OFFICIALLY APPROVED FOR RECORD BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA, THIS _______ DAY OF _________, 20___. APPROVED BY:___________________________ WILLIAM B. HORNE II CITY MANAGER CERTIFICATE OF APPROVAL OF COUNTY CLERK STATE OF FLORIDA COUNTY OF PINELLAS I, KEN BURKE, CLERK OF THE CIRCUIT COURT OF PINELLAS COUNTY, FLORIDA, HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED AND THAT IT COMPLIES IN FORM WITH ALL THE REQUIREMENTS OF THE STATUTES OF FLORIDA PERTAINING TO MAPS AND PLATS, AND THAT THIS PLAT HAS BEEN FILED FOR RECORD IN PLAT BOOK _____, PAGE(S) , PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, THIS DAY OF____________ 20 . KEN BURKE, CLERK BY: ______________________________ PINELLAS COUNTY, FLORIDA DEPUTY CLERK ______________________________ PRINTED NAME SURVEYOR'S CERTIFICATE: I, THE UNDERSIGNED PROFESSIONAL SURVEY AND MAPPER, HEREBY CERTIFY THAT ON SEPTEMBER 17, 2018, THIS PROPERTY WAS SURVEYED UNDER MY SUPERVISION, THAT THIS PLAT WAS PREPARED UNDER MY DIRECTION AND SUPERVISION, THAT THIS PLAT IS A TRUE REPRESENTATION OF THE LANDS DESCRIBED AND SHOWN, AND THAT PERMANENT REFERENCE MONUMENTS HAVE BEEN PLACED AS INDICATED HEREON IN ACCORDANCE WITH THE STATUTES OF THE STATE OF FLORIDA THERE-UNTO APPERTAINING, AND THAT ALL LOT CORNERS WILL BE SET IN ACCORDANCE WITH FLORIDA STATUTES SECTION 177.091(9). I ALSO HEREBY CERTIFY THAT THE MATERIALS AND COMPOSITION OF THIS PLAT CONFORMS TO THE REQUIREMENTS OF CHAPTER 177 PART 1, FLORIDA STATUTES KYLE MCCLUNG, P.S.M. STATE OF FLORIDA PROFESSIONAL SURVEYOR AND MAPPER NUMBER LS7177 SUNCOAST LAND SURVEYING, INC. 111 FOREST LAKES BOULEVARD OLDSMAR, FL 34677 (813) 854-1342 FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER LB4513 DATE OF FIELD SURVEY: SEPTEMBER 17, 2018 DATE OF P.R.M. INSTALLATION: OWNER: UNION PLACE, LLC A FLORIDA LIMITED LIABILITY COMPANY BY: _____________________________________ AGOSTINO DiGIOVANNI PRESIDENT WITNESS: _________________________________ _________________________________ SIGNATURE SIGNATURE _________________________________ _________________________________ PRINTED NAME PRINTED NAME SHEET 1 OF 2 PRIVATE DEDICATION: THE UNDERSIGNED HEREBY CERTIFIES THAT IT IS THE OWNER OF THE ABOVE DESCRIBED TRACT OF LAND HEREBY PLATTED AS UNION PLACE, THAT IT GRANTS TO THE CITY OF CLEARWATER, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, THE RIGHT TO USE ALL UTILITY AND DRAINAGE EASEMENTS THAT ARE LABELED PUBLIC ON THIS PLAT. ALL PRIVATE EASEMENTS ARE HEREBY DEDICATED TO THE UNION PLACE HOMEOWNERS ASSOCIATION, INC. STORM WATER TRACT AND ROAD TRACT ARE HEREBY DEDICATED TO THE UNION PLACE HOMEOWNERS ASSOCIATION, INC. 1.THERE IS HEREBY CREATED AN INGRESS AND EGRESS EASEMENT FOR FIRE AND EMERGENCY VEHICLES, PUBLIC OFFICIALS, UTILITY COMPANIES, AND THE CITY OF CLEARWATER, FOR SANITATION SERVICES AND UTILITY MAINTENANCE OVER AND ACROSS ALL PAVED SURFACES, LOCATED ON THE LANDS DESCRIBED HEREON. 2.NO PERMANENT PRIVATE STRUCTURES INCLUDING MASONRY OR CONCRETE BLOCK FENCES ARE TO BE LOCATED WITHIN EASEMENTS. UTILITY EASEMENTS SHALL ALSO BE EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES; PROVIDED HOWEVER, NO SUCH CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES SHALL INTERFERE WITH THE FACILITIES AND SERVICES OF AN ELECTRIC, TELEPHONE, GAS, OR OTHER PUBLIC UTILITY. IN THE EVENT A CABLE TELEVISION PROVIDER DAMAGES THE FACILITIES OF A PUBLIC UTILITY, IT SHALL BE SOLELY RESPONSIBLE FOR THE DAMAGES. 3.A TEN (10) FOOT WATER MAIN EASEMENT GRANTED TO THE CITY OF CLEARWATER LYING FIVE (5) FEET ON EACH SIDE OF WATER MAINS, AS THEY ARE LOCATED FROM TIME TO TIME, UP TO AND INCLUDING ALL HYDRANTS AND METERS, EXCEPT WHERE SUCH MAINS AND RELATED WATER FACILITIES MAY LIE UNDER STRUCTURES. [THIS IS A NON-PLOTTABLE, "BLANKET TYPE" EASEMENT THAT AFFECTS THE ENTIRE SUBJECT PROPERTY]. NOTICE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. THERE MAYBE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. ACKNOWLEDGEMENT OF OWNER: STATE OF FLORIDA COUNTY OF PINELLAS THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF______________ 20 BY , WHO HAS PRODUCED AS IDENTIFICATION AND WHO DID/DID NOT TAKE AN OATH. ___________________________ ___________________________ NOTARY SIGNATURE PRINT NAME ________________________________ COMMISSION NUMBER (PLACE NOTARY STAMP HERE) PLAT NOTES: 1.BASIS OF BEARING IS THE NORTH LINE OF SECTION 2-29-15, BEARING S89°13'29”E. 2.PLATTED UTILITY EASEMENTS SHOWN HEREON SHALL ALSO BE EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES; PROVIDED, HOWEVER, NO SUCH CONSTRUCTION, INSTALLATION, MAINTENANCE AND OPERATION OF CABLE TELEVISION SERVICES SHALL INTERFERE WITH THE FACILITIES AND SERVICES OF AN ELECTRIC, TELEPHONE, GAS, OR OTHER PUBLIC UTILITY. IN THE EVENT A CABLE TELEVISION COMPANY DAMAGES THE FACILITIES OF A PUBLIC UTILITY, IT SHALL BE SOLELY RESPONSIBLE FOR THE DAMAGES. 3.PRINTED DIMENSIONS SHOWN ON THE PLAT SUPERSEDE SCALED DIMENSIONS. THERE MAY BE ITEMS DRAWN OUT OF SCALE TO GRAPHICALLY SHOW THEIR LOCATION. 4.SUBDIVISION PLATS BY NO MEANS REPRESENT A DETERMINATION ON WHETHER PROPERTIES WILL OR WILL NOT FLOOD. LAND WITHIN THE BOUNDARIES OF THIS PLAT MAY OR MAY NOT BE SUBJECT TO FLOODING. THE CITY OF CLEARWATER BUILDING DEPARTMENT HAS INFORMATION REGARDING FLOODING AND RESTRICTIONS ON DEVELOPMENT. SUBJECT PROPERTY IS LOCATED IN FLOOD ZONE “X” ACCORDING TO THE NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE RATE MAP NUMBER 12103C0107H, HAVING AND EFFECTIVE DATE OF MAY 17, 2005. 5.ALL PUBLIC UTILITY EASEMENTS MUST PROVIDE THAT SUCH EASEMENTS SHALL ALSO BE EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES; PROVIDED, HOWEVER, NO SUCH CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES SHALL INTERFERE WITH THE FACILITIES AND SERVICES OR AN ELECTRIC, TELEPHONE, GAS OR OTHER PUBLIC UTILITY. IN THE EVENT A CABLE TELEVISION COMPANY DAMAGES FACILITIES OF A PUBLIC UTILITY, IT SHALL BE SOLELY RESPONSIBLE FOR THE DAMAGES. THIS SECTION SHALL NOT APPLY TO THOSE PRIVATE EASEMENTS GRANTED TO OR OBTAINED BY A PARTICULAR ELECTRIC, TELEPHONE, GAS OR OTHER PUBLIC UTILITY. 6.NOTICE:THIS PLAT AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREON AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 7.THERE MAY BE ADDITIONAL EASEMENTS AND/OR RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY OR MAY NOT BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. SURVEYOR'S REVIEW FOR CONFORMITY CHAPTER 177, PART 1, FLORIDA STATUTES: I hereby certify that pursuant to chapter 177.081(1), Florida Statutes, I have reviewed this plat and find that it conforms to Chapter 177, Part 1, of the Florida Statutes. The geometric data has not been verified for mathematical closure. ______________________ ____________ Thomas L. Mahony DATE PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS 6289 - STATE OF FLORIDA City of Clearwater, Engineering Department ACKNOWLEDGEMENT OF HOMEOWNERS ASSOCIATION: STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY THAT ON THIS DAY OF______________,2019 BEFORE ME PERSONALLY APPEARED AGOSTINO DIGIOVANNI, AS PRESIDENT OF UNION PLACE HOMEOWNERS ASSOCIATION, INC., WHO IS PERSONALLY KNOWN TO ME OR PRODUCED_______________________________ AS IDENTIFICATION, WHO EXECUTED THE FOREGOING DEDICATION AND ACKNOWLEDGED THE EXECUTION THEREOF TO BE HIS FREE ACT AND DEED FOR THE PURPOSES HEREON MENTIONED, WHO DID/DID NOT TAKE AN OATH. ___________________________ ___________________________ NOTARY SIGNATURE PRINT NAME ________________________________ COMMISSION NUMBER (PLACE NOTARY STAMP HERE) CONFIRMATION OF ACCEPTANCE: UNION PLACE HOMEOWNERS ASSOCIATION, INC., JOINS IN THE DEDICATION FOR THE PURPOSE OF ACCEPTING MAINTENANCE OF THE PRIVATE ROADS, AS WELL AS THE PRIVATE FENCE AND LANDSCAPE EASEMENTS SITUATED ON THIS PLAT. UNION PLACE HOMEOWNERS ASSOCIATION, INC. BY:___________________________ AGOSTINO DIGIOVANNI PRESIDENT WITNESS: _________________________________ _________________________________ SIGNATURE SIGNATURE __________________________________________________________________ PRINTED NAME PRINTED NAME UNION PLACE REPLAT LYING IN SECTION 2, TOWNSHIP 29 SOUTH RANGE 15 EAST CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA POINT OF COMMENCEMENT NW CORNER OF NE 1/4 SECTION 2-29-15 POINT OF BEGINNING SET PRM 4"X4" CONCRETE MONUMENT STAMPED "PRM LB4513" UNION STREET (66' PUBLIC R/W) ASPHALT ROAD 7' UTILITY EASEMENT FLORIDA POWER CORPORATION (ORB 1524, PAGE 271) 12.5' UTILITY EASEMENT FLORIDA POWER CORPORATION (ORB 1223, PAGE 593) 15' DRAINAGE & UTILITY EASEMENT CITY OF CLEARWATER (ORB 16164, PAGE 866)WINDSOR WOODPB 78, PAGE 9WINDSOR WOOD PB 78, PAGE 9 (UNPLATTED) 10' DRAINAGE & UTILITY EASMENT (ORB 4682, PAGE 1190) 15' DRAINAGE & UTILITY EASEMENT CITY OF CLEARWATER (ORB 16164, PAGE 866) SET PRM 4"X4" CONCRETE MONUMENT STAMPED "PRM LB4513" PARAGON CIRCLE S (ROAD TRACT) ∆∆∆∆PARAGON CIRCLE W (ROAD TRACT)PARAGON CIRCLE E (ROAD TRACT)LOT1 LOT2 LOT3 LOT4 LOT5 LOT6 LOT7 LOT8 LOT9 LOT10 LOT11 LOT12 LOT13 LOT14 LOT15 LOT16 LOT17 LOT18 LOT27 LOT26 LOT25 LOT24 LOT23 LOT22 LOT21 LOT20 LOT19 STORM WATER TRACT (PRIVATE) 13' UTILITY EASEMENT (PUBLIC) 13' UTILITY EASEMENT (PUBLIC)13' UTILITY EASEMENT (PUBLIC)13' UTILITY EASEMENT (PUBLIC)13' UTILITY EASEMENT (PUBLIC)13' UTILITY EASEMENT (PUBLIC)5' FENCE AND LANDSCAPE EASEMENT (PRIVATE)34' PRIVATE INGRESS/EGRESSAND UTILITY EASEMENT34' PRIVATE INGRESS/EGRESSAND UTILITY EASEMENT34' PRIVATE INGRESS/EGRESS AND UTILITY EASEMENT PCP PCP PCP PCP N LINE OF WINDSOR WOOD W LINE OF WINDSOR WOOD∆ ∆ ∆ ∆ S R/W LINE 5' FENCE AND LANDSCAPE EASEMENT (PRIVATE) 5' FENCE AND LANDSCAPE EASEMENT (PRIVATE) 5' FENCE AND LANDSCAPE EASEMENT (PRIVATE) N LINE OF SECTION 2, TOWNSHIP 29 S, RANGE 15 E SET PRM 4"X4" CONCRETE MONUMENT STAMPED "PRM LB4513" SET PRM 4"X4" CONCRETE MONUMENT STAMPED "PRM LB4513" SET PRM (WITNESS 5' E.) 4"X4" CONCRETE MONUMENT STAMPED "PRM LB4513" 5' FENCE AND LANDSCAPE EASEMENT (PRIVATE) 5' FENCE AND LANDSCAPE EASEMENT (PRIVATE) STORM WATER TRACT (PRIVATE) LOT28LOT29LOT30 ∆ ∆ 10' DRAINAGE EASEMENT (PRIVATE) 15' UTILITY EASEMENT (PUBLIC) 10' DRAINAGE EASEMENT (PRIVATE) 10' DRAINAGE EASEMENT (PRIVATE) 15' DRAINAGE EASEMENT (PUBLIC) 4.37' 11.76' UNION PLACE REPLAT LYING IN SECTION 2, TOWNSHIP 29 SOUTH RANGE 15 EAST CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA SHEET 2 OF 2 LEGEND: PB ---- PLAT BOOK ORB ---- OFFICIAL RECORDS BOOK R/W ---- RIGHT OF WAY PRM ---- PERMANENT REFERENCE MONUMENT FCM ---- FOUND CONCRETE MONUMENT R ---- RADIUS L ---- ARC LENGTH Δ ---- DELTA ANGLE PCP ---- PERMANENT CONTROL POINT (OA)---- OVERALL ---- SET 1/2" IRON ROD AND CAP "LB4513" ---- SET MAG NAIL AND DISK "LB4513" Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8080 Agenda Date: 8/17/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve the Pinellas County Technical Rescue Team Agreement (extension) with Pinellas County and the City of Clearwater for one additional one-year term extending until September 30, 2021 and authorize the appropriate officials to execute same. (consent) SUMMARY: Pinellas County has produced an interlocal agreement between the Cities of Clearwater, Largo, Pinellas Park, St. Petersburg, and the Pinellas County Board of County Commissioners to provide specialized rescue services to the residents of Pinellas County. The original agreement defines the obligations and responsibilities of the Cities for these services in exchange for funding from Pinellas County for a five-year period effective October 1, 2015 expiring midnight on September 30, 2020. In order to provide specialized rescue services (technical rescues) to include but not be limited to, confined space, high angle/advanced rope, trench and excavation, water, wilderness, structural collapse, complex vehicles and machinery extrication, to the residents of Pinellas County it is essential to continue to develop the capability, expertise and resources to handle situations where such rescues could occur. To improve responsiveness and to increase efficiency, the aforementioned fire agencies and the Pinellas County Regional 9-1-1 Center will continue to work in conjunction to respond to situations where there is a unique and/or complex rescue situation within Pinellas County in a uniform training, educational, and fiduciary manner. The end result is a higher level of technical service provided to the highly populated peninsula that is exposed to adverse weather, man-made disasters, and natural populace actions that create emergencies involving specialized rescues. Each participating agency will be reimbursed by Pinellas County for up to $56,400 in overtime and backfill staffing costs for personnel to attend training, and up to $10,000 for the travel and training related expenses each year. The initial Technical Rescue Team Contract duration is five years with the option to renew for an additional five year period upon mutual agreement; whereby, it is the desire of the parties to modify the terms of the TRT Agreement to allow for a one year extension and waive the provision of the TRT Agreement which provides for a five year renewal term. Upon approval of this Extension, all terms of the TRT Agreement will remain in force. APPROPRIATION CODE AND AMOUNT: NA USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/16/2020 File Number: ID#20-8080 NA Page 2 City of Clearwater Printed on 8/16/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8093 Agenda Date: 8/17/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve the Federally-Funded Subaward and Grant Agreement for public assistance support for COVID-19 expenditures and authorize the City Manager or designee to enter into, approve, and execute same and any future modifications for COVID-19 expenditures. (consent) SUMMARY: Federal Emergency Management Agency’s (FEMA) Public Assistance program is a Federal grant to aid State and Local governments. FEMA recognizes that noncompetitive procurements may be necessary to save lives, to protect property and public health, and to ensure public safety, as well as to lessen or avert the threat of catastrophe. The President’s unprecedented Nationwide Emergency Declaration and the Secretary of Health and Human Services (HHS) declaration of a Public Health Emergency for COVID-19 establish that exigent and emergency circumstances currently exist. For the duration of the Public Health Emergency, which began January 27, 2020, as determined by HHS, entities may proceed with new and existing noncompetitively procured contracts in order to protect property and public health and safety, or to lessen or avert the threats created by emergency situations for 1) Emergency protective measures under FEMA’s Public Assistance Program and 2) Use of FEMA non-disaster grant funds by non-state recipients and sub-recipients to respond to or address COVID-19. A Request for Public Assistance (RPA) was submitted and approved. FEMA and the State share the responsibility for making Public Assistance funds available to the Subgrantee/Subrecipient. It is now necessary for the City of Clearwater, as the Subgrantee/Subrecipient, to enter into the Agreement with the Florida Division of Emergency Management (the Grantee/Recipient) in order to participate in this grant program. APPROPRIATION CODE AND AMOUNT: NA USE OF RESERVE FUNDS: NA Page 1 City of Clearwater Printed on 8/16/2020 Agreement Number: FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a “subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.” As defined by 2 C.F.R. §200.74, “pass-through entity” means “a non-Federal entity that provides a subaward to a Sub-Recipient to carry out part of a Federal program.” As defined by 2 C.F.R. §200.93, “Sub-Recipient” means “a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program.” As defined by 2 C.F.R. §200.38, “Federal award” means “Federal financial assistance that a non-Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity.” As defined by 2 C.F.R. §200.92, “subaward” means “an award provided by a pass-through entity to a Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity.” The following agreement is made and information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub-Recipient’s name: __________________________ Sub-Recipient's unique entity identifier: __________________________ Federal Award Date: _March 13, 2020__________ __ Subaward Period of Performance Start and End Date (Cat A-B): _01/20/2020 – Attachment B __ Subaward Period of Performance Start and End Date (Cat C-G): _01/20/2020 – Attachment B___ Amount of Federal Funds Obligated by this Agreement: __________________________ Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement: __________________________ Total Amount of the Federal Award committed to the Sub-Recipient by the pass-through entity: __________________________ Federal award project description (see FFATA): Grant to eligible Sub-recipient as determined by FEMA__________ Name of Federal awarding agency: Dept. of Homeland Security (DHS) Federal Emergency Management Agency (FEMA)______________ Name of pass-through entity: Florida Division of Emergency___ Management (FDEM)__________ Contact information for the pass-through entity: 2555 Shumard Oak Blvd._______ Tallahassee, FL 32399-2100____ Catalog of Federal Domestic Assistance (CFDA) Number and Name: 97.036 Public Assistance_______ Indirect cost rate for the Federal award: See by 44 C.F.R. 207.5(b)(4)____ 1 THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A.The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B.The Sub-Recipient, by its decision to participate in this grant program, bears the ultimate responsibility for ensuring compliance with all applicable State and Federal laws, regulations and policies, and bears the ultimate consequences of any adverse decisions rendered by the Division, the Federal Awarding Agency, or any other State and Federal agencies with audit, regulatory, or enforcement authority; C.The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; D.The Division, as the pass-through entity and fiduciary of such Federal funding, reserves the right to demand that the Sub-Recipient comply with all applicable State and Federal laws, regulations and policies, terminate reimbursements and take any and all other actions it deems appropriate to protect those funds for which it is responsible, including debt collections; and E.The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub-Recipient agree to the following: (1)APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: “Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds.” Therefore, section 215.971, Florida Statutes, entitled “Agreements funded with federal or state assistance”, applies to this Agreement. (2)LAWS, RULES, REGULATIONS AND POLICIES Performance under this Agreement is subject to 2 C.F.R. Part 200, entitled “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.” For this event, FEMA recognizes that noncompetitive procurements may be necessary to save lives, to protect property and public health, and to ensure public safety, as well as to lessen or avert the threat of a catastrophe. The President's unprecedented Nationwide Emergency Declaration and the Secretary of Health and Human Services' (HHS) declaration of a Public Health Emergency for COVID-19 establish that exigent and emergency circumstances currently exist. 2 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and _______________________________________ (hereinafter referred to as the "Sub-Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub-Recipient serves as the recipient of a subaward. a. For the duration of the Public Health Emergency, which began January 27, 2020 as determined by HHS, local governments, tribal governments, nonprofits, and other non-state entities may proceed with new and existing noncompetitively procured contracts in order to protect property and public health and safety, or to lessen or avert the threats created by emergency situations for 1) Emergency protective measures under FEMA's Public Assistance Program and 2) Use of FEMA non-disaster grant funds by non-state recipients and sub-recipients to respond to or address COVID-19. These noncompetitive contracts must comply with Federal guidance addressing exigency and emergency procurement. b. As required by section 215.971(1), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub- Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B to this Agreement (“Program Statutes and Regulations”). Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division’s Grant Manager shall be responsible for enforcing performance of this Agreement’s terms and conditions and shall serve as the Division’s liaison with the Sub-Recipient. As part of his/her duties, the Grant Manager for the Division shall: i. Monitor and document Sub-Recipient performance; and, 3 ii. Review and document all deliverables for which the Sub-Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Kim Schoffel Title Program Supervisor Bureau of Recovery Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Telephone: (850) 815-4448 Email: Kim.Schoffel@em.myflorida.com c. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: ________________________ ________________________ ________________________ Telephone: _______________ Email: ___________________ d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title, and address of the new representative will be provided to the other party in writing via letter or electronic email. It is the Sub-Recipient’s responsibility to authorize its users in the Recipient’s grants management system. Only the Authorized or Primary Agents identified in Attachment D to this Agreement (“Designation of Authority”) may authorize addition or removal of agency users. (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. 4 (7) SCOPE OF WORK The Sub-Recipient shall perform the work in accordance with Attachment A to this Agreement (“Budget and Scope of Work”). (8) PERIOD OF AGREEMENT/PERIOD OF PERFORMANCE The Period of Agreement establishes a timeframe for all Sub-Recipient contractual obligations to be completed. This agreement will begin upon execution by both parties and shall end upon closeout of the Sub-Recipient’s account for this disaster by the Federal Awarding Agency, unless terminated earlier as specified elsewhere in this Agreement. This Agreement survives and remains in effect after termination for the herein referenced State and Federal audit requirements and the referenced required records retention periods. The Period of Performance is the timeframe during which the Sub-Recipient may incur new obligations to carry out the work authorized under this Agreement. In accordance with 2 C.F.R. §200.309, the Sub-Recipient may receive reimbursement under this Agreement only for allowable costs incurred during the period of performance. In accordance with section 215.971(1)(d), Florida Statutes, the Sub- Recipient may expend funds authorized by this Agreement only for allowable costs resulting from obligations incurred during the specified agreement period. The C.F.R. requirement is more restrictive and will take precedence over the State requirement. The period of performance for this agreement begins with the first day of the Incident Period for the disaster applicable to the agreement and ends six (6) months from the date of declaration for Emergency Work (Categories A & B) or eighteen (18) months from the date of declaration for Permanent Work (Categories C-G), unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement or extended in accordance with Attachment G Paragraph 5. If any extension request is denied by the Recipient, or is not sought by the Sub-Recipient, reimbursement is only available for eligible project costs incurred up to the latest approved extension. Failure to complete a project is adequate cause for the termination of funding for that project and requires reimbursement to the Recipient of any and all project costs. (9) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. The amount of total available funding for this subgrant is limited to the amount obligated by the Federal Awarding Agency for all projects approved for this Sub-recipient for DR-4486. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. Pursuant to section 252.37, Florida Statutes, unless otherwise specified in the General Appropriations Act, whenever the State accepts financial assistance from the Federal Government or its agencies under the Federal Public Assistance Program and such financial assistance is conditioned upon 5 a requirement for matching funds, the State shall provide the entire match requirement for state agencies and one-half of the required match for grants to Local governments. The affected Local government shall be required to provide one-half of the required match prior to receipt of such financial assistance. d. The Executive Office of the Governor may approve a waiver, subject to the requirement for legislative notice and review under section 216.177, Florida Statutes, of all or a portion of the required match for public assistance projects for Local governments if the Executive Office of the Governor determines that such a match requirement cannot be provided, or that doing so would impose a documented hardship on the Local government, and if the Local government applies for the waiver within the first 18 months after the disaster is declared. e. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the Sub-Recipient. The Recipient will provide funds on a cost reimbursement basis to the Sub-Recipient for eligible activities approved by the Recipient and the Federal Awarding Agency, as specified in Attachment A of this Agreement (“Budget and Scope of Work”), which also outlines the maximum reimbursement amount for each deliverable. f. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient, which reads as follows: “By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).” The Sub-Recipient must complete Attachment “D” by designating at least three agents to execute any Requests for Reimbursement, certifications, or other necessary documentation on behalf of the Sub-Recipient. Attachment D must be completed electronically and submitted via email to rpa.help@em.myflorida.com. After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned team. g. In the event the Sub-Recipient contacts have not been updated regularly and all three (3) Agents have separated from the Sub-Recipient’s agency, a designation of authority form will be needed to change contacts. NOTE: This is very important because if contacts are not updated, notifications made from the grants management system may not be received and could result in failure to meet time periods to appeal a Federal determination. h. The Division will review all requests for reimbursement by comparing the documentation provided by the Sub-Recipient in the grants management system against a performance measure, outlined in Attachment A of this Agreement (“Budget and Scope of Work”), that clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. i. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a “performance goal”, which is defined in 2 C.F.R. §200.76 as, 6 “a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared.” It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub-Recipient “relate financial data to performance accomplishments of the Federal award.” j. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub- Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 (“Compensation—personal services”) and 2 C.F.R. §200.431 (“Compensation—fringe benefits”). If authorized by the Federal Awarding Agency, and if the Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as “allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages.” Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub-Recipient-Employee agreement, or an established policy of the Sub-Recipient in affect at the time of the disaster event. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards; and, iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees. k. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub- Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub-Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes (at the time of the execution of this agreement: $6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient’s written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. l. The Division’s Grant Manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period 7 and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub-Recipient. m. As defined by 2 C.F.R. §200.53, the term “improper payment” means or includes: i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit or applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10) RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient’s personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub-Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient’s personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State’s record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report. The following are the only exceptions to the five (5) year requirement: i. If any litigation, claim, or audit is started before the expiration of the five (5)- year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub-Recipient is notified in writing by the Federal Awarding Agency, cognizant agency for audit, oversight agency for audit, 8 cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal Awarding Agency or pass-through entity, the (five) 5-year retention requirement is not applicable to the Sub-Recipient. v. Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal Awarding Agency must request transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303, the Sub-Recipient shall take reasonable measures to safeguard protected personal identifiable information and other information the Federal Awarding Agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal, State, Local, and Tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the 9 Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub-Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the State and Local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency), in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge, qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of Attachments A and B to this Agreement (“Budget and Scope of Work” and “Program Statutes and Regulations” respectively), and all other applicable laws and regulations. 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 AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11) AUDITS a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. 10 b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub- Recipient shall follow Generally Accepted Accounting Principles (“GAAP”). As defined by 2 C.F.R. §200.49, GAAP “has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB).” c. When conducting an audit of the Sub-Recipient’s performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards (“GAGAS”). As defined by 2 C.F.R. §200.50, GAGAS, “also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits.” d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non-compliance. e. The Sub-Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as “an independent certified public accountant licensed under chapter 473.” The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub-Recipient’s fiscal year. f. The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.html h. The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 11 (12) REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub-Recipient shall provide the Division with quarterly reports and any applicable close-out reports. These reports shall include the current status and progress by the Sub-Recipient and, as applicable, all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. Reporting Time Period Subgrantee Report Submittal Deadline Quarter 1 (Q1) October 1 – December 31 January 15 Quarter 2 (Q2) January 1 – March 31 April 15 Quarter 3 (Q3) April 1 – June 30 July 15 Quarter 4 (Q4) July 1 – September 30 October 15 b. Quarterly reports are due to the Division no later than fifteen (15) days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c. The closeout report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with Attachment A to this Agreement (“Budget and Scope of Work”). e. The Sub-Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub-Recipient shall provide additional reports and information as required by the Federal Awarding Agency or the Division. (13) MONITORING a. The Division shall monitor the performance of the Sub-Recipient under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. 12 A review shall be done for each function or activity in Attachment A to this Agreement (“Budget and Scope of Work”) and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope reviews, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that an audit of the Sub-Recipient is appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division to the Sub- Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14) LIABILITY a. Unless Sub-Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement. As authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not an employee or agent of the Division but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies as set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any 13 previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub-Recipient at any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or d. The Sub-Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16) REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) days of providing written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (3) herein. b. Begin an appropriate legal or equitable action to enforce performance of this Agreement. c. Withhold or suspend payment of all or any part of a request for payment. d. Require that the Sub-Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance; ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question; or iv. Require the Sub-Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub-Recipient. 14 (17) TERMINATION a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub-Recipient with thirty (30) days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub-Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub-Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is determined. (18) PROCUREMENT a. The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable Federal and State laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled “Contract Provisions for Non-Federal Entity Contracts Under Federal Awards”). For this event, FEMA recognizes that noncompetitive procurements may be necessary to save lives, to protect property and public health and to ensure public safety, as well as to lessen or avert the threat of a catastrophe.” The President's unprecedented Nationwide Emergency Declaration and the Secretary of Health and Human Services' (HHS) declaration of a Public Health Emergency for COVID-19 establish that exigent and emergency circumstances currently exist. For the duration of the Public Health Emergency, which began January 27, 2020 as determined by HHS, local governments, tribal governments, nonprofits, and other non-state entities may proceed with new and existing noncompetitively procured contracts in order to protect property and public health and safety, or to lessen or avert the threats created by emergency situations for 1) Emergency protective measures under FEMA's Public Assistance Program and 2) Use of FEMA non-disaster grant funds by non-state recipients and sub-recipients to respond to or address COVID-19. b. If the Sub-Recipient contracts with any contractor or vendor for performance of 15 any portion of the work required under this Agreement, the Sub-Recipient must incorporate into its contract with such contractor or vendor an indemnification clause holding the Federal Government, its employees and/or their contractors, the Division, its employees and/or their contractors, and the Sub-Recipient and its employees and/or their contractors harmless from liability to third parties for claims asserted under such contract. c. The Sub-Recipient shall monitor and document, in the Attachment J of this Agreement (“Quarterly Report”), the contractor’s progress in performing its work on its behalf under this Agreement in addition to its own progress. d. The Sub-Recipient shall ensure all contracts conform to sections 287.057 and 288.703, Florida Statutes. e. The Sub-Recipient may request guidance concerning procurement activity from the Division, but shall also use its own judgment to determine compliance with all applicable rules and statutes. (19) PAYMENTS a. Requests for Reimbursement (RFR) serve as invoices for the purposes of section 215.422, Florida Statutes and shall include the supporting documentation for all costs of the project or services in detail sufficient for a proper pre-audit and post-audit thereof. The final RFR shall be submitted within thirty (30) days after the expiration date of the agreement or completion of applicable Project, whichever occurs first. b. Any advance payment made under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest-bearing account unless otherwise governed by a program specific waiver. If an advance payment is requested, the budget data upon which the request is based, and a justification statement shall be submitted along with this agreement at the time of execution by completing Attachment H of this Agreement (“Justification of Advance Payment”). The request will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. Any advance funds not expended within the first ninety (90) days of the contract term must be returned to the Division Cashier within thirty (30) days, along with any interest earned on the advance. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. c. If the necessary funds are not available to fund this Agreement, as a result of action by the United States Congress, the Federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout report within thirty (30) days of receiving notice from the Division. 16 (20) EXPEDITED PROJECTS The Division and the Federal Awarding Agency have established an Expedited Projects Program in order to help affected counties, municipalities, and private-non-profits recover from COVID-19. This program provides funding for 50% of the eligible scope of work for project versions of selected Expedited Category B projects. These amounts will be subject to the cost sharing requirements applicable for the disaster. a. PROGRAM REQUIREMENTS Each eligible Sub-Recipient can request to include Category B: Emergency Protective Measures projects in this expedited program. The work claimed must have been performed during the Public Health Emergency. FEMA makes the final eligibility determination regarding project work and costs under the Expedited Program. In order to be eligible for this funding, these projects must be a “large” project with eligible scope of work totaling $131,100 or more. b. FUNDING Funding will be provided at 50% of estimated costs incurred through an eligible scope of work for included projects, during the periods of performance. Any and all expedited projects will ultimately require a full validation through the grants management process for all costs incurred. c. PARTICIPATION NOTIFICATION The Sub-Recipient is responsible for notifying the State Public Assistance Officer (SPAO) of its intent to participate in the program. The Sub-Recipient notifies the SPAO by submitting the notification of their intention to participate via email to ExpeditedProjects@em.myflorida.com and the SPAO will then notify FEMA . Once that email correspondence is made, the project development will be tracked through Grants Portal and all payments will be made using the workflows in FDEM’s Grants Management System. (21) REPAYMENTS a. All refunds or repayments due to the Division under this agreement are due no later than thirty (30) days from notification by the Division of funds due. b. As a condition of funding under this Agreement, the Sub-Recipient agrees that the Recipient may withhold funds otherwise payable to the Sub-Recipient from any disbursement to the Recipient, by the Federal Awarding Agency or any other source, upon a determination by the Recipient or the Federal Awarding Agency that funds exceeding the eligible costs have been disbursed to the Sub- Recipient pursuant to this Agreement or any other funding agreement administered by the Recipient. The Sub-Recipient understands and agrees that the Recipient may offset any funds due and payable to the Sub-Recipient until the debt to the State is satisfied. In such event, the Recipient will notify the Sub- Recipient via the entry of notes in its grants management system. c. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of “Division of Emergency Management”, must include the invoice number and the 17 applicable Disaster and Project number(s) that are the subject of the invoice, and be mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 d. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, the Sub-Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft; whichever is greater. (22) MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of the said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub-Recipient agrees to comply with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and Local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of 18 $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub-Recipient which receives funds under this Agreement from the Federal government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; ii. Have not, within a five (5)-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any offenses enumerated in paragraph (22) f. ii. of this certification; and, iv. Have not, within a five (5)-year period preceding this Agreement, had one or more public transactions (Federal, State or Local) terminated for cause or default. g. If the Sub-Recipient is unable to certify to any of the statements in this certification, then the Sub-Recipient shall attach an explanation to this Agreement. h. In addition, the Sub-Recipient shall send to the Division (by email to the assigned grant manager) the completed Attachment C of this Agreement (“Certification Regarding Debarment”) for the Sub-Recipient and a screenshot reflecting such self-check via the Federal System for Award Management (SAM) clearinghouse through the website www.sam.gov. Sub-Recipient shall also perform this check for any and all intended contractor or subcontractor which Sub-Recipient plans to fund under this Agreement. A screenshot of the clearinghouse results for each intended contractor or subcontractor should be maintained by the Sub-Recipient and provided to the Division upon request. The check must be completed before the Sub-Recipient enters into a contract covering the scope of work outlined in the PWs with any contractor or subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub- Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or received under this Agreement. j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division’s obligation to pay the contract amount unless otherwise governed by program specific waiver. 19 k. The State of Florida will not intentionally award publicly funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act (“INA”)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub-Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. l. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. This provision is only applicable to subrecipients receiving a state cost share. m. The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (23) LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits “any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency.” c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any State agency. d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 20 ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. iii. The Sub-Recipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose accordingly. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (24) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB- RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub-Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub-Recipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such 21 property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully- paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida government purposes. (25) LEGAL AUTHORIZATION The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub- Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub- Recipient to the terms of this Agreement. (26) NONDISCRIMINATION BY CONTRACTORS Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, the Sub-Recipient must undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement. The Sub-Recipient is also subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R. § 17. (27) ASSURANCES The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment E to this Agreement (“Statement of Assurances”). (28) DUPLICATION OF BENEFITS PROHIBITED a. The Sub-Recipient understands it may not receive funding under this Agreement to pay for damage covered by insurance, nor may the Sub-Recipient receive any other duplicate benefits from any source whatsoever. b. The Sub-Recipient agrees to reimburse the Recipient if it receives any duplicate benefits, from any source, for any damage identified on the applicable Project Worksheets, for which the Sub-Recipient has received payment from the Recipient. c. The Sub-Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes aware of the possible availability of, applies for, or receives funds, regardless of the source, which could reasonably be considered as duplicate benefits. d. In the event the Recipient determines the Sub-Recipient has received duplicate 22 benefits, the Sub-Recipient gives the Grantee/ Recipient the express authority to offset the amount of any such duplicate benefits by withholding them from any other funds otherwise due and payable to the Sub- Recipient, and to use such remedies as may be available administratively or at law to recover such benefits. (29) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 – Funding Sources ii. Attachment A – Budget and Project List iii. Attachment B – Scope of Work, Deliverables, and Financial Consequences iv. Attachment C – Certification Regarding Debarment v. Attachment D – Designation of Authority vi. Attachment E – Statement of Assurances vii. Attachment F – Election to Participate in PA Alternative Procedures (PAAP) viii. Attachment G – Public Assistance Program Guidance ix. Attachment H – Federal Funding Accountability and Transparency Act (FFATA) Reporting x. Attachment I – Mandatory Contract Provisions xi. Attachment J – DHS OIG Audit Issues and Acknowledgement xii. Attachment K – Justification for Advance Payment 23 Agreement Number: IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB-RECIPIENT: ___________________________________________ By: ______________________________________ Name: ______________________________________ Title: ______________________________________ Date: ______________________________________ FEID# ______________________________________ STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: ___________________________________ Jared Moskowitz, Director Date: ___________________________________ 24 EXHIBIT – 1 FUNDING SOURCES THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Public Assistance Program Catalog of Federal Domestic Assistance: 97.036 Amount of Federal Funding: $ ___________ THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: •2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards •44 C.F.R. Part 206 •The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities •FEMA Public Assistance Program and Policy Guide, 2018 V3.1- effective for all emergencies and major disasters declared on or after August 23, 2017. o Link here: https://www.fema.gov/media-library/assets/documents/111781 Federal Program: 1.Sub-Recipient is to use funding to perform eligible activities in accordance with the Stafford Act, FEMA Public Assistance Program and Policy Guide, 2018 V3.1 and approved Project Worksheet(s) (PW). Eligible work is classified into the following categories: Emergency Work Category A: Debris Removal Category B: Emergency Protective Measures Permanent Work Category C: Roads and Bridges Category D: Water Control Facilities Category E: Public Buildings and Contents Category F: Public Utilities Category G: Parks, Recreational, and other Facilities 2.Sub-Recipient is subject to all administrative and financial requirements as set forth in this Agreement or will be in violation of the terms of the Agreement. 25 Attachment A Budget and Project List Budget: The Budget of this Agreement is initially determined by the amount of any Project Worksheet(s) (PW) that the Federal Emergency Management Administration (FEMA) has obligated for a Sub-Recipient at the time of execution. Subsequent PWs or revisions thereof will increase or decrease the Budget of this Agreement. The PW(s) that have been obligated at the time of execution are: DR-4486 Sub-Recipient: Clearwater, City of PW #Cat Project Title Federal Share Fed %State Share State %Local Share Local % Total Eligible Amount POP Start Date POP End Date DR-4486 Total:$0.00 $0.00 $0.00 $0.00 26 Attachment B SCOPE OF WORK, DELIVERABLES and FINANCIAL CONSEQUENCES Scope of Work FEMA has sole authority for determining eligibility of project activities and reasonableness of associated costs. The sub-recipient is required to complete all eligible Projects and submit appropriate supporting documentation for emergency protective measures, debris removal, repair or replacement of Disaster damaged facilities, as approved by FEMA. When FEMA has obligated funding for a Sub-Recipient’s PW, the Division notifies the Sub-Recipient with a copy of the PW (or P2 Report). A Sub-Recipient may receive more than one PW and each will contain a separate Project. Budget and Project List – Attachment A of this Agreement will be modified quarterly, as necessary, to incorporate new PWs or PW versions. For the purpose of this Agreement, each Project will be monitored, completed and reimbursed independently of the other Projects which are made part of this Agreement. Incident End Date As of 5/21/2020 the incident is ongoing. The parties hereby agree that the end date of the incident, as determined by FEMA at a future date, will be established as the end date for this incident. Any documents or memoranda issued by FEMA establishing the end date for this incident is hereby incorporated by reference, and the parties agree to include any such documents into this agreement without any need to execute an amendment to this agreement. The parties do not agree to change any other terms in this agreement without express written approval. Deliverables For the purposes of this agreement, each project will be a standalone deliverable but may be compensated incrementally based on the Sub-recipient’s expenditures. The required performance level is satisfactory completion of the project as identified in the Scope of Work, the approved PW, and subsequent PW versions, if applicable. Large Project Deliverables Reimbursement requests will be submitted separately for each Large Project. Reimbursement for Large Project costs shall be based on the percentage of completion of the individual Project. Any request for reimbursement shall provide adequate, well organized and complete source documentation to support all costs related to the Project, and shall be clearly identified by the Project Number as generated by FEMA. Requests which do not conform will be returned to the Sub-Recipient prior to acceptance for payment. Reimbursement up to 95% of the total eligible amount will be paid upon acceptance and is contingent upon: • Timely submission of Quarterly Reports (due 15 days after end of each quarter). • Timely submission of invoices (Requests for Reimbursement) and supported by documentation for all costs of the project or services in detail sufficient for a proper pre-audit and post-audit thereof. The final invoice shall be submitted within sixty (60) days after the expiration of the agreement or completion of the project, whichever occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant Manager as part of the Sub-Recipient’s quarterly reporting as referenced in Paragraph 7 of this agreement. Adjustments to the invoicing schedule must be approved in advance in writing by the Division Grant Manager. • Timely submission of Request for Final Inspection (within ninety (90) days of project completion – for each project). • Sub-Recipient shall include a sworn Affidavit or American Institute of Architects (AIA) forms G702 and G703, as required below. o A. Affidavit. The Sub-Recipient is required to submit an Affidavit signed by the Sub- Recipient’s project personnel with each reimbursement request attesting to the following: 27 the percentage of completion of the work that the reimbursement request represents, that disbursements or payments were made in accordance with all of the Agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. o B. AIA Forms G702 and G703. For construction projects where an architectural, engineering or construction management firm provides construction administration services, the Sub-Recipient shall provide a copy of the American Institute of Architects (AIA) form G702, Application and Certification for Payment, or a comparable form approved by the Division, signed by the contractor and inspection/certifying architect or engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by the Division. Five percent (5%) of the total eligible amount (including Federal, State and Local shares) for each payment request will be retained until the final Request for Reimbursement (or backup for advance expenditure) has been verified as acceptable by the Division’s Grant Manager, which must include dated certification that the Project is 100% complete. Further, all required documentation must be available in FDEM Grants Management System prior to release of the retained amount, to include permits, policies & procedures, procurement and insurance documents. At such time all required activities and documentation requirements have been verified as performed and met, the Sub-Recipient may request the total retained amount. Small Projects Deliverables Small projects will be paid upon obligation of the Project Worksheet and execution of the subgrant agreement. Sub-Recipient must initiate the Small Project Closeout in FDEM Grants Management System within thirty (30) days of completion of the project work, or no later than the period of performance end date. Small Project Closeout is initiated by logging into FDEM Grants Management System, selecting the Sub- Recipient’s account, then selecting ‘Create New Request’, and selecting ‘New Small Project Completion/Closeout’. Complete the form and ‘Save’. The final action is to advance the form to the next queue for review. Financial Consequences: For any Project (PW) that the Sub-Recipient fails to complete in compliance with Federal, State and Local requirements, the Division shall withhold a portion of the funding up to the full amount. 2 CFR 200.338 and section 215.971, Florida Statutes, requires the Division, as the recipient of Federal funding, to apply financial consequences, including withholding a portion of funding up to the full amount in the event that the Sub-Recipient fails to be in compliance with Federal, State, and Local requirements, or satisfactorily perform required activities/tasks. The Division shall apply the following financial consequences in these specifically identified events: Work performed outside the Period of Performance – Based on 2 C.F.R. Section 200.309, a Sub-Recipient may be reimbursed for eligible costs incurred for work performed within the period of performance. Costs incurred as a result of work performed outside of the period of performance will be deemed not allowable and ineligible for reimbursement by the Division. If the Sub-Recipient does not anticipate finishing the work within the original period of performance, it must request a time extension and support that the work cannot be timely completed due to extenuating circumstances beyond the Sub-Recipient’s control (Attachment G). Additionally, if the project is not completed within the period of performance and a time extension request was not granted, the Division will coordinate with the Federal Awarding Agency to adjust the costs obligated amount to reflect the actual allowable costs incurred during the period of performance. Failure to submit quarterly reports timely – Pursuant to 2 C.F.R. Section 328, the Division is responsible for oversight of the operations of the Federal award supported activities. Section 215.971, Florida Statutes provides the Division must monitor the activities performed under Federal awards to assure compliance with applicable Federal and State requirements and gain assurances that performance expectations are 28 being achieved. Paragraph (12) of the subgrant agreement requires the Sub-Recipient to submit a quarterly report that identifies the progress made on the project and will at a minimum include details regarding the status of all work in progress, work that has been completed, and work that has yet to begin. All work must be performed and completed in accordance with the Scope of Work. The report will also provide a detailed breakdown that supports the expenditure of funds under this Agreement, as well as any other information requested by the Division. These reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. In the event that a Sub-Recipient fails to timely submit this report, the Division will enforce the following: • Withhold 0.1 percent of the entire eligible amount obligated every day the report is late OR • Withhold $500.00, whichever is less. The Division retains the right to impose financial consequences for instances of non-performance or non- compliance not specifically addressed in this section. 29 Attachment C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION With respect to any Sub-recipient of the State, which receives funds under this Agreement from the Federal government, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within the five-year period preceding entering into this Agreement had one or more public transactions (Federal, State, or Local) terminated for cause or default; and 3. Have not within the five-year period preceding entering into this proposal been convicted of or had a civil judgment rendered against them for: a) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or a contract under public transaction, or b) violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property. The Sub-recipient understands and agrees that the language of this certification must be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, contracts under grants, loans, and cooperative agreements) and that all contractors and sub-contractors must certify and disclose accordingly. The Sub-recipient further understands and agrees that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Sub-recipient further understands that submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. By: Signature Sub-Recipient’s Name Name and Title DEM Contract Number Street Address City, State, Zip Date 30 Attachment D DESIGNATION OF AUTHORITY The Designation of Authority Form is submitted with each new disaster or emergency declaration to provide the authority for the Sub-Recipient’s Primary Agent and Alternate Agent to access the FDEM Grants Management System in order to enter notes, review notes and documents, and submit the documentation necessary to work the new event. The Designation of Authority Form is originally submitted as Attachment “D” to the PA Funding Agreement for each disaster or emergency declaration. Subsequently, the Primary or Alternate contact should review the agency contacts at least quarterly. The Authorized Representative can request a change in contacts via email to the State team; a note should be entered in FDEM Grants Management System if the list is correct. Contacts should be removed as soon as they separate, retire, or are reassigned by the Agency. A new form will only be needed if all authorized representatives have separated from your agency. Note that if a new Designation form is submitted, all Agency Representatives currently listed as contacts that are not included on the updated form will be deleted from FDEM Grants Management System as the contacts listed are replaced in the system, not supplemented. All users must log in on a monthly basis to keep their accounts from becoming locked. Instructions for Completion Complete the form in its entirety, listing the name and information for all representatives who will be working in the FDEM Grant Management System. Users will be notified via email when they have been granted access. The user must log in to the FDEM Grants Management System within twelve (12) hours of being notified or their account will lock them out. Each user must log in within a sixty (60) day time period or their account will lock them out. In the event you try to log in and your account is locked, submit a ticket using the Access Request link on the home page. The form is divided into twelve blocks; each block must be completed where appropriate. Block 1: “Authorized Agent” – This should be the highest authority in your organization who is authorized to sign legal documents on behalf of your organization. (Only one Authorized Agent is allowed, and this person will have full access/authority unless otherwise requested). Block 2: “Primary Agent” – This is the person designated by your organization to receive all correspondence and is our main point of contact. This contact will be responsible for answering questions, uploading documents, and submitting reports/requests in FDEM Grants Management System. The Primary Agent is usually not the Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities. (Only one Primary Agent is allowed, and this contact will have full access). Block 3: “Alternate Agent” – This is the person designated by your organization to be available when the Primary is not. (Only one Alternate Agent is allowed, and this contact will have full access). Block 4, 5, and 6: “Other” (Finance/Point of Contact, Risk Management-Insurance, and Environmental- Historic). Providing these contacts is essential in the coordination and communication required between State and Local subject matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7 – 12: “Other” (Read Only Access) – There is no limit on “Other” contacts, but we ask that this be restricted to those that are going to actually need to log in and have a role in reviewing the information. This designation is only for situational awareness purposes as individuals with the “Other Read-Only” designation cannot take any action in FDEM Grants Management System. 31 DESIGNATION OF AUTHORITY (AGENTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub-Grantee: Box 1: Authorized Agent (Full Access) Box 2: Primary Agent (Full Access) Agent’s Name Agent’s Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 3: Alternate Agent (Full Access) Box 4: Other-Finance/Point of Contact (Full Access) Agent’s Name Official’s Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 5: Other-Risk Mgmt-Insurance (Full Access) Box 6: Other-Environmental-Historic (Full Access) Agent’s Name Agent’s Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address The above Primary and Alternate Agents are hereby authorized to execute and file an Application for Public Assistance on behalf of the Sub-grantee for the purpose of obtaining certain Grantee and Federal financial assistance under the Robert T. Stafford Disaster Relief & Emergency Assistance Act, (Public Law 93-288 as amended) or otherwise available. These agents are authorized to represent and act for the Sub-Grantee in all dealings with the State of Florida, Grantee, for all matters pertaining to such disaster assistance previously signed and executed by the Grantee and Sub-grantee. Additional contacts may be placed on page 2 of this document for read only access by the above Authorized Agents. ____________________________________________________________________________ Sub-Grantee Authorized Agent Signature ____________________________________________________________________________ Date 32 DESIGNATION OF AUTHORITY (AGENTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub-Grantee: Date: Box 7: Other (Read Only Access) Box 8: Other (Read Only Access) Agent’s Name Agent’s Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 9: Other (Read Only Access) Box 10: Other (Read Only Access) Agent’s Name Official’s Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 11: Other (Read Only Access) Box 12: Other (Read Only Access) Agent’s Name Agent’s Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Sub-Grantee’s Fiscal Year (FY) Start: Month: Day: Sub-Grantee’s Federal Employer's Identification Number (EIN) - Sub-Grantee’s Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management Sub-Grantee’s: FIPS Number (If Known) - - NOTE: This form should be reviewed and necessary updates should be made each quarter to maintain efficient communication and continuity throughout staff turnover. Updates may be made by email to the state team assigned to your account. A new form will only be needed if all authorized representatives have separated from your agency. Be aware that submitting a new Designation of Authority affects the contacts that have been listed on previous Designation forms in that the information in FloridaPA.org will be updated and the contacts listed above will replace, not supplement, the contacts on the previous list. 33 Attachment E STATEMENT OF ASSURANCES 1) The Sub-Recipient hereby certifies compliance with all Federal statutes, regulations, policies, guidelines, and requirements, including but not limited to OMB Circulars No. A-21, A-87, A-110, A- 122, and A-128; E.O. 12372; and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200; that govern the application, acceptance and use of Federal funds for this Federally-assisted project. 2) Additionally, to the extent the following provisions apply to this Agreement, the Sub-Recipient assures and certifies that: a. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Sub-Recipient’s governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the Sub- Recipient to act in connection with the application and to provide such additional information as may be required. b. To the best of its knowledge and belief the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Application for which Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 C.F.R. § 206, and applicable FEMA policy documents. c. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not, or will not, duplicate benefits available for the same loss from another source. 3) The Sub-Recipient further assures it will: a. Have sufficient funds available to meet the non-Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed, and if not, it will request a waiver from the Governor to cover the cost. b. Refrain from entering into a construction contract(s) for the project or undertake other activities until the conditions of the grant program(s) have been met, all contracts meet Federal, State, and Local regulations. c. Provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to ensure that the completed work conforms to the approved plans and specifications, and will furnish progress reports and such other information as the Federal grantor agency may need. d. Cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be done to completion with reasonable diligence. e. Not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is longer. f. Provide without cost to the United States and the Grantee/Recipient all lands, easements and rights-of-way necessary for accomplishment of the approved work and will also hold and save the United States and the Grantee/Recipient free from damages due to the approved work or Federal funding. g. Establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 34 h. Assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended, Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 by: i. Consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties; and, ii. By complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. i. Give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. j. With respect to demolition activities: i. Create and make available documentation sufficient to demonstrate that the Sub-Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement; ii. Return the property to its natural state as though no improvements had been contained thereon; iii. Furnish documentation of all qualified personnel, licenses, and all equipment necessary to inspect buildings located in Sub-Recipient’s jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection, and the appropriate County Health Department; iv. Provide documentation of the inspection results for each structure to indicate safety hazards present, health hazards present, and/or hazardous materials present; v. Provide supervision over contractors or employees employed by the Sub- Recipient to remove asbestos and lead from demolished or otherwise applicable structures; vi. Leave the demolished site clean, level, and free of debris; vii. Notify the Grantee/Recipient promptly of any unusual existing condition which hampers the contractors work; viii. Obtain all required permits; ix. Provide addresses and marked maps for each site where water wells and septic tanks are to be closed, along with the number of wells and septic tanks located on each site, and provide documentation of such closures; x. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act; xi. Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and the U.S. Environmental Protection Agency regulations. (This clause must be added to any subcontracts); and, xii. Provide documentation of public notices for demolition activities. k. Require facilities to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped," Number A117.1-1961, as modified. The Sub-Recipient will be 35 responsible for conducting inspections to ensure compliance with these specifications by the contractor. l. Provide an Equal Employment Opportunity Program, if required to maintain one, where the application is for $500,00000 or more. m. Return overpaid funds within the forty-five (45) day requirement, and if unable to pay within the required time period, begin working with the Grantee/Recipient in good faith to agree upon a repayment date. n. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 4) The Sub-Recipient agrees it will comply with the: a. Requirements of all provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally assisted programs. b. Provisions of Federal law found at 5 U.S.C. § 1501, et. seq. which limit certain political activities of employees of a State or Local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. c. Provisions of 18 U.S.C. §§ 594, 598, and 600-605 relating to elections, relief appropriations, and employment, contributions, and solicitations. d. Minimum wage and maximum hour’s provisions of the Federal Fair Labor Standards Act. e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and laborers (including watchmen and guards) employed on Federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week. f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed workweek. g. Anti-Kickback Act of 1986, which outlaws and prescribes penalties for "kick-backs" of wages in Federally financed or assisted construction activities. h. Requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. It further agrees to ensure that the facilities under its ownership, lease or supervision which are utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. i. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, which requires that on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 36 j. Insurance requirements of Section 314, PL 93-288, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired, or constructed with this assistance. Note that FEMA provides a mechanism to modify this insurance requirement by filing a request for an insurance commissioner certification (ICC). The State’s insurance commissioner cannot waive Federal insurance requirements but may certify the types and extent of insurance reasonable to protect against future loss to an insurable facility. k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations, and assure the compliance of all its Sub-Recipients and contractors. l. Provisions of 28 C.F.R. applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. m. Lead-Based Paint Poison Prevention Act which prohibits the use of lead-based paint in construction of rehabilitation or residential structures. n. Energy Policy and Conservation Act and the provisions of the State Energy Conservation Plan adopted pursuant thereto. o. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, or Victims of Crime Act (as appropriate); Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations; and Department of Justice regulations on disability discrimination, and assure the compliance of all its Sub-Recipients and contractors. p. Provisions of Section 311, P.L. 93-288, and with the Civil Rights Act of 1964 (P.L. 83- 352) which, in Title VI of the Act, provides that no person in the United States of America, Grantees/Recipients shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub-Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved with the aid of Federal financial assistance extended to the Sub-Recipient, this assurance shall obligate the Sub-Recipient or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. q. Provisions of Title IX of the Education Amendments of 1972, as amended which prohibits discrimination on the basis of gender. r. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended, relating to confidentiality of alcohol and drug abuse patient records. 37 t. Provisions of all appropriate environmental laws, including but not limited to: i. The Clean Air Act of 1955, as amended; ii. The Clean Water Act of 1977, as amended; iii. The Endangered Species Act of 1973; iv. The Intergovernmental Personnel Act of 1970; v. Environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969; vi. The Wild and Scenic Rivers Act of 1968, related to protecting components or potential components of the national wild and scenic rivers system; vii. The Fish and Wildlife Coordination Act of 1958; viii. Environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, regarding the protection of underground water sources; ix. The provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 which prohibits the expenditure of newest Federal funds within the units of the Coastal Barrier Resources System. u. The provisions of all Executive Orders including but not limited to: i. Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal or Federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship. ii. EO 11514 (NEPA). iii. EO 11738 (violating facilities). iv. EO 11988 (Floodplain Management). v. EO 11990 (Wetlands). vi. EO 12898 (Environmental Justice). For Grantees/Recipients other than individuals, the provisions of the DRUG-FREE WORKPLACE as required by the Drug-Free Workplace Act of 1988. This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans, reimbursements, advances, contracts, property, discounts and/or other Federal financial assistance extended to the Sub-Recipient by FEMA. The Sub-Recipient understands that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this Assurance and that both the United States and the Grantee/Recipient have the joint and several right to seek judicial enforcement of this assurance. This assurance is binding on the Sub-Recipient, its successors, transferees, and assignees. FOR THE SUBGRANTEE/SUB-RECIPIENT: ___________________________________________________________________ Signature ___________________________________________________________________ Printed Name and Title Date 38 Public Assistance Alternative Procedures for Permanent Work Pilot (Version 4) FEMA Recovery Policy FP 104-009-7 BACKGROUND Section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, (Stafford Act)1 authorizes FEMA to award Public Assistance (PA) funding based on fixed estimates. This version 4 of the Public Assistance Alternative Procedures for Permanent Work Pilot (Pilot) policy supersedes version 3 and the Alternative Procedures Project language in Chapter 2.VII.G of the Public Assistance Program and Policy Guide2 (PAPPG). All other portions of the PAPPG apply except where specifically stated otherwise. PURPOSE The purpose of this policy is to define the framework and requirements to ensure appropriate and consistent implementation. PRINCIPLES A. Increase flexibility in the administration of such assistance by allowing Applicants to usefunds in a manner that best meets their specific needs for recovery, long-term resiliency, and future preparedness. B. Simplify the delivery of assistance and reduce administrative costs associated withPAprojects. REQUIREMENTS A.FIXED-COST OFFER ACCEPTANCE Outcome: Enable Applicants to drive their own recovery. 1.FEMA and the Recipient will work with the Applicant to formulate disaster-related damageinto projects and reach agreement on the eligible scopes of work (SOW) for allPermanentWork projects. Once agreement is reached on the disaster-related damage and eligibleSOW, FEMA or the Applicant will develop a cost estimate in accordance with Section G, Cost Estimates. 2.After the cost estimate is developed by FEMA or developed by the Applicant and validatedby FEMA as being reasonable and eligible based on the work required to address the disaster-related damage, FEMA will transmit a fixed-cost offer via its GrantsManager/Portal to the Applicant for acceptance. 1 Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121, et seq., as amended. 2 www.fema.gov/media-library/assets/documents/111781 Attachment F 39 3.The total fixed-cost amount is established based on the aggregate of: a.The estimated cost to restore disaster damaged facilities to pre-disaster design (sizeand capacity) and function in accordance with eligible codes and standards; and b.The estimated cost for cost-effective hazard mitigation measures associated with the actual restoration SOW to be implemented. 4.If the Applicant accepts the fixed-cost offer for a Large Project, it is considered a PilotProject and the Applicant will: a.Not be required to rebuild the facilities back to what existed prior to the disaster. b.Be allowed to share funds across all of its Pilot Projects. c.Not be required to track costs to specific work items. d.Not be required to track costs or work to specific Pilot Projects since funds can beshared across all of its Pilot Projects. e.Be allowed to retain and use excess funds to reduce risk and improve future disaster operations (subject to timely closeout). f.Be eligible for cost-effective hazard mitigation on replacement projects. B. DEADLINES Outcome: Increase speed of recovery through timely agreement on fixed-cost offers. 1.Applicants have no more than 18 months from the disaster declaration date to: a.Determine the actual SOW and hazard mitigation measures to be implemented; and b.Accept a fixed-cost offer for each project (also subject to 30-day deadline from receipt, see B.2). 2.Each time FEMA transmits a fixed-cost offer, the Recipient and Applicant will have a combined total of 30 calendar days from the date of FEMA’s transmittal of the fixed-costoffer to accept the offer (not to exceed the 18-month deadline). Any projects withoutaccepted fixed-cost offers by the 30-day and 18-month deadlines will be processed using standard PA policies and procedures and funded in accordance with Title 44 Code ofFederal Regulations §206.205. 3.Time extensions to accept fixed-cost offers must be approved by FEMA’s AssistantAdministrator for Recovery. C. HAZARD MITIGATION Outcome: Promote resiliency through inclusion of hazard mitigation. 1.When the Applicant is restoring a facility to pre-disaster function, size, capacity, and location, FEMA evaluates the proposed hazard mitigation SOW and cost-effectivenessbased on the criteria in Chapter 2.VII.C of the PAPPG. 2.When the Applicant is restoring the function, but changing the pre-disaster capacity of afacility (Improved Project), the proposed hazard mitigation SOW is developed based onthe actual SOW to be implemented; however, the cost-effectiveness is evaluated based on the fixed-cost amount accepted for the pre-disaster restoration SOW. If the capacity is 40 increased, the proposed hazard mitigation SOW and cost is limited to the SOW and cost necessary to mitigate to the pre-disaster capacity of the damaged facility. 3.Applicants must complete the approved hazard mitigation in order to retain the fixed-costamount accepted for hazard mitigation. D. USE OF FUNDS Outcome: Increase effectiveness of assistance through increased flexibility and expanded use of funds. 1.Applicants may use fixed-cost funds, including any excess funds across all Pilot Projects. 2.Applicants may request to use fixed-cost funds for any of the activities defined as eligibleunder the Use of Fixed-Cost Funds column in the table below. Once FEMA approves andthe Applicant completes the SOW associated with these activities, the Applicant may use any excess funds for the expanded list of eligible activities listed under the Use of Excess Funds column. 3.Any excess funds remaining after the approved SOW is complete may be used for cost- effective activities that reduce the risk of future damage, hardship, or suffering from a major disaster, and activities that improve future PA operations or planning. The Applicant must submit a proposed SOW for use of any excess funds, along with a project timeline to theRecipient within 90 days of the date the last Alternative Procedures Project was completed.The Recipient must forward the request to FEMA within 180 days of date the lastAlternative Procedures Project was completed. FEMA will evaluate the proposed use of excess funds for reasonableness to ensure prudent use of funds. FEMA will also evaluatethe submitted project timeline and approve an appropriate deadline for project completion,not to exceed the overall disaster period of performance. 4.The following table lists examples of eligible and ineligible types of work andcosts when using fixed-cost funds and excess funds. Type of Work or Cost (all work or costs listed must otherwise be eligible for PA) Use of Fixed-Cost Funds Use of Excess Funds Restoration of disaster-damaged facilities and equipment Eligible Eligible Restoration of disaster-damaged facilities in undeclared areas within the same State or Tribal area Ineligible Eligible Alternate Projects (e.g., purchasing equipment, constructing new facilities, improvements to undamaged facilities such as shelters and emergency operation centers) in declared areas Eligible Eligible Cost-effective hazard mitigation measures for undamaged facilities Ineligible Eligible Covering future insurance premiums, including meeting obtain and maintain (O&M) insurance requirements, on damaged or undamaged facilities Ineligible Eligible 41 Work on facilities that are ineligible due to a failure to meet previous O&M requirements Ineligible Ineligible Conducting or participating in training for response or recovery activities, including Federal grants management or procurement courses Ineligible Eligible Planning for future disaster response and recovery operations, such as developing or updating plans (e.g., Debris Management Plans, Hazard Mitigation Plans, Pre-disaster Recovery Plans, Emergency Management/Operation Plans), integrating these plans into other plans, preparedness activities, exercises, and outreach Ineligible Eligible Salaries for PA or emergency management staff. This may include but is not limited to staff performing PA grant administration, monitoring, and closeout activities for other PA disaster grants, and staff developing or updating disaster plans Ineligible Eligible Paying down debts Ineligible Ineligible Covering operating expenses Ineligible Ineligible Covering budget shortfalls Ineligible Ineligible Covering the non-Federal cost share of FEMA projects or other Federal awards Ineligible Ineligible E. SCOPE OF WORK CHANGES Outcome: Reduce administrative burden by simplifying requirements for changes to a SOW. 1.Once the SOW is approved and a fixed-cost offer is accepted: a.The Applicant must notify FEMA prior to making SOW changes that involve: i.Buildings or structures that are 45 years of age or older; ii.Ground disturbing activities; or iii.Work in or near waterways. b.With exception of buildings or structures that are 45 years of age or older, theApplicant does not need to notify FEMA when it intends to make changes that substantiallyconform to the approved SOW. Changes that substantially conform include items, suchas: i.Substitutions in material type (e.g., pre-cast concrete vs. steel beam, stainlesssteel vs. galvanized fasteners); or ii.Interior floor plan reconfigurations (e.g., adding, moving, orremoving rooms/features). c.If the Applicant wishes to change the SOW to the extent that it changes the hazardmitigation, such changes must be approved within the 18-month deadline and the fixed- cost offer amount will be adjusted to reflect the revised hazard mitigation SOW. 42 F. ENVIRONMENTAL AND HISTORIC PRESERVATION Outcome: Ensure all projects are compliant with environmental and historic preservation (EHP) laws, regulations, and executive orders. 1.FEMA will conduct EHP compliance reviews on the actual SOW to be implemented. EHP review needs to occur prior to FEMA approval and prior to the Applicant starting anyworkthat has potential to impact the environment, historic properties, or archaeologicalresources. This includes, but is not limited to, demolition, site preparation, and grounddisturbing activities. 2.The Applicant must comply with all applicable EHP laws, regulations, and Executive Ordersin accordance with the FEMA Directive 108-1, Environmental Planning and Historic Preservation Responsibilities and Program Requirements, and accompanying Instruction.Non-compliance with EHP conditions and requirements may result in the deobligation of funds. G. COST ESTIMATES Outcome: Develop fixed-costs based on accurate cost estimates. 1.FEMA or the Applicant may develop cost estimates as follows: a.FEMA will prepare its estimates using the Cost Estimating Format (CEF) and will include the CEF contingency factor “Applicant Reserve for Change Orders.” b.Applicant-submitted estimates must comply with Chapter 3.II.D of the PAPPG. FEMA will evaluate Applicant-submitted estimates using the Public Assistance: Reasonable Cost Evaluation Job Aid. This Job Aid includes a checklist in Appendix A: Validation of Applicant-Provided Cost Estimates, which FEMA will use to review and validate costestimates. c.The estimate must be based on the current phase of design or construction inclusive ofany known costs. d.If eligible work has been completed at the time the cost estimate is developed thatportion of the fixed amount will be based on the actual cost. e.The cost estimate must include a reduction to account for any anticipated insurance proceeds based on the Applicant’s insurance policy, or if known, the actual insuranceproceeds. 2.A FEMA-funded, independent panel of cost estimating experts may review projectestimates. The review will be limited to issues pertaining to the estimated cost and thepanel will not make decisions related to the eligibility of work. However, it may makedeterminations about whether cost elements are requiredto execute the SOW. The panelmay review cost documentation for completed work, if necessary. a.FEMA may request the independent panel review for any cost estimate. b.Applicants may request the panel review the estimate for any project with an estimatedFederal share of at least $5 million. c.All project estimates with an estimated Federal share of $25 million or greater will bereviewed by the independent panel. 43 d.The panel will complete its review before FEMA transmits the fixed-cost offer. H. INSURANCE Outcome: Ensure FEMA assistance does not duplicate insurance proceeds. 1.Fixed-cost amounts will be reduced to avoid duplication with insurance proceeds inaccordance with Chapter 2.V.P.1 of the PAPPG. This includes any necessary adjustments atcloseout. 2.All insurable facilities for which funds are used (including excess funds) are subject to O&Mrequirements in accordance with Chapter 2.VII.A of the PAPPG. If the Applicant does notcomply with the O&M requirement, FEMA will deobligate the fixed amounts related to thenon-compliance and the facilities for which the Applicant failed to comply will not be eligiblefor future PA funding. I. CLOSEOUT REQUIREMENTS Outcome: Reduce the administrative costs associated with closeout by simplifying closeout documentation requirements and incentivize timely closeout. 1.Work must be completed by the end of the latest Pilot Project period of performance and the Recipient must certify that all incurred costs are associated with the approved SOWand that the Applicant completed all work in accordance with FEMA regulations andpolicies. The Recipient must submit its certification to FEMA within 180 days of theApplicant completing its last Pilot Project or the latest Pilot Project deadline, whicheveroccurs first, in order for the Applicant to retain and use any excess funds. 2.The closeout certification must include a final report of Pilot Project costs anddocumentation to support the following: a.Summary of actual work completed; b.Mitigation measures achieved, if applicable; c.Compliance with EHP requirements; d.Compliance with the O&M insurance requirement; e.Summary of total actual costs to complete the Pilot Projects; f.Compliance with Federal procurement procedures; and g.Actual insurance proceeds received. 3.Applicants do not need to track costs to specific work items. Applicants only need tosubstantiate and certify that all claimed costs are related to the overall work deemedeligible for the Pilot Projects. 4.Applicants must comply with the requirements of 2 CFR Part 200, includingdocument retention. J. APPEALS FEMA will not consider appeals on a Pilot Project unless it is related to a cost adjustment made by FEMA after the fixed-cost offer is accepted (i.e., related to insurance, non-compliance, or an audit). Any disagreement on damage, SOW, or cost must be resolved 44 prior to accepting a fixed-cost offer. Additionally, time extension denials on a Pilot Project are not appealable. K. AUDITS The U.S. Department of Homeland Security’s Office of Inspector General and the U.S. Government Accountability Office have authority to audit any project. Once the Applicant signs the fixed-cost offer, FEMA may still adjust funding due to audit findings. L. PILOT POLICY VERSUS STANDARD PA POLICY The following table summarizes the differences between the Alternative Procedures Pilot policy and the standard PA policy: Alternative Procedures Policy Standard Policy Fixed-cost project with use of excess funds. Actual cost project. No retention of excess funds associated with the approved estimate. May use funds across all Pilot projects. Can only use funds toward the specific work identified in each specific project. After FEMA approves a SOW, approval is only required for changes that involve buildings or structures aged 45 years or older, ground disturbing activities, or work in or near water. After FEMA approves a SOW, approval is required for any change to the SOW. Do not need to track costs associated with changes to the SOW. Must track costs associated with all changes to the SOW. Do not need to track costs to specific work items. Only need to track the total costs associated with the Pilot Projects. Must track costs specific to each work item within each individual project. Do not need to track work to specific Pilot Projects. Only need to substantiate that the work is related to the approved SOW covered in the Pilot Projects. Must track all work to each individual project. Keith Turi Assistant Administrator, Recovery Directorate August 29, 2019 Date 45 ADDITIONAL INFORMATION REVIEW CYCLE This policy will be reviewed, reissued, revised or rescinded by the Assistant Administrator of Recovery within 4 years of the date of signature on this policy. AUTHORITIES Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121, et seq., as amended. QUESTIONS Direct questions to Tod Wells, Acting Director, Public Assistance Division, at Tod.Wells@fema.dhs.gov. 46 Attachment G PUBLIC ASSISTANCE PROGRAM GUIDANCE 1. GRANTEE’S/RECIPIENT’S WEB-BASED PROJECT MANAGEMENT SYSTEM Sub-Recipients must use the Grantee’s/Recipient’s web-based project management system, to access and exchange project information with the State throughout the project’s life. This includes processing advances, reimbursement requests, quarterly reports, final inspection schedules, change requests, time extensions, and other services as identified in the Agreement. Training on this system will be supplied by the Recipient upon request by the Sub-Recipient. The Sub-Recipient is required to have working knowledge of the FDEM Grants Management System. 2. PROJECT DOCUMENTATION The Sub-Recipient must maintain all source documentation supporting the project costs. To facilitate closeout and audits, the Applicant should file all documentation pertaining to each project with the corresponding PW as the permanent record of the project. In order to validate Large Project Requests for Reimbursement (RFRs), all supporting documents should be uploaded to the FDEM Grants Management System website. Contact the grant manager with questions about how and where to upload documents, and for assistance linking common documents that apply to more than one (1) PW. The Sub-Recipient must retain sufficient records to show its compliance with the terms of this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives under this Agreement and all other applicable laws and regulations, for a period of five (5) years from the date of the Sub-Recipient account closeout by FEMA. The five (5) year period is extended if any litigation, claim or audit is started before the five (5) year period expires, and extends beyond the five (5) year period. The records must then be retained until all litigation, claims, or audit findings involving the records have been resolved. Records for the disposition of non-expendable personal property valued at $5,00000 or more at the time it is acquired must be retained for five (5) years after final account closeout. Records relating to the acquisition of real property must be retained for five (5) years after final account closeout. 3. PROJECT AMENDMENTS Project Amendments may be requested by the Sub-Grantee/Sub-Recipient, in FDEM Grants Management System, on both small and large projects, to: 1) New Time Extension; a) Requests for Time Extensions within the Grantee/Sub-Recipient’s authority b) Requests for Time Extensions not within the Grantee/Sub-Recipient’s authority 2) New Project Amendment; a) Requests for Alternate Projects; and/or b) Requests for Improved Projects; and/or c) Requests for Mitigation Opportunities; and/or d) Requests for Revised Scope of Work; and/or e) Significant Cost Variance (>20%); and/or f) Use of Eligible Excess Funds 3) New Project Appeal 47 a) Applicant Appeal i) Request First Appeal; and/or ii) Request Second Appeal; and/or iii) Request Appeal via Arbitration b) Project Appeal i) Large Project Appeal (1) Request First Appeal; and/or (2) Request Second Appeal; and/or (3) Request Appeal via Arbitration ii) Small Project Appeal (1) Small Project Netting 4. PROJECT RECONCILIATION AND CLOSEOUT The purpose of closeout is for the Sub-Recipient to certify that all work has been completed. To ensure a timely closeout process, the Sub-Recipient should notify the Recipient within sixty (60) days of Project completion. The Sub-Recipient should include the following information with its closeout request: • Certification that project is complete; • Date of project completion; and, • Copies of any Recipient time extensions. Large Projects With exception of Fixed Cost Estimate Subawards, Alternate Projects and Improved Projects where final costs exceed FEMA’s original approval, the final eligible amount for a Large Project is the actual documented cost of the completed, eligible SOW. Therefore, upon completion of each Large Project that FEMA obligated based on an estimated amount; the Sub-Recipient should provide the documentation to support the actual costs. If the actual costs significantly differ from the estimated amount, the Sub-Recipient should provide an explanation for the significant difference. FEMA reviews the documentation and, if necessary, obligates additional funds or reduces funding based on actual costs to complete the eligible SOW. If the project included approved hazard mitigation measures; FEMA does not re-evaluate the cost-effectiveness of the HMP based on the final actual cost. If during the review, FEMA determines that the Sub-Recipient performed work that was not included in the approved SOW, FEMA will designate the project as an Improved Project, cap the funding at the original estimated amount, and review the additional SOW for EHP compliance. For Fixed Cost Estimate Subawards, the Applicant must provide documentation to support that it used the funds in accordance with the eligibility criteria described in the PAPPG and guidance provided at http://www.fema.gov/alternative-procedures and in the referenced disaster specific guidance attached hereto. Once FEMA completes the necessary review and funding adjustments, FEMA closes the project. Small Projects Once FEMA obligates a Small Project, FEMA does not adjust the approved amount of an individual Small Project. This applies even when FEMA obligates the PW based on an estimate and actual costs for 48 completing the eligible SOW differ from the estimated amount. FEMA only adjusts the approved amount on individual Small Projects if one of the following conditions applies: • The Sub-Recipient did not complete the approved SOW; • The Sub-Recipient requests additional funds related to an eligible change in SOW; • The PW contains inadvertent errors or omissions; or, • Actual insurance proceeds differ from the amount deducted in the PW. In these cases, FEMA only adjusts the specific cost items affected. If none of the above applies, the Sub-Recipient may request additional funding if the total actual cost of all of its Small Projects combined exceeds the total amount obligated for all of its Small Projects. In this case, the Sub-Recipient must request the additional funding through the appeal process, within sixty (60) days of completion of its last Small Project. FEMA refers to this as a net small project overrun appeal. The appeal must include actual cost documentation for all Small Projects that FEMA originally funded based on estimate amounts. To ensure that all work has been performed within the scope of work specified on the Project Worksheets, the Recipient will conduct final inspections on Large Projects, and may, at its sole discretion, select one or more Small Projects to be inspected. Costs determined to be outside of the approved scope of work and/or outside of the approved performance period cannot be reimbursed. For COVID-19 DR-4486, projects that are under $131,100.00 are considered small projects. In coordination with FEMA, the Division will accept a self-certification of small projects in lieu of project documentation for permanent work projects (Categories C-G). The self-certification will require the applicant to certify that the damaged facility is eligible, the scope of work is eligible, and that the funds will be expended in accordance with State and Federal law. A copy of the self-certification is attached hereto. This self-certification will be completed during project development in Grants Portal prior to obligation. Once the project is obligated, the Division will reimburse the project without a request for reimbursement. However, in order to close out the project, the applicant must provide before and after photos of the project. 5. TIME EXTENSIONS FEMA only provides PA funding for work completed and costs incurred within regulatory deadlines. The deadline for Emergency Work is six (6) months from the declaration date. The deadline for Permanent Work is eighteen (18) months from the declaration date. If the Applicant determines it needs additional time to complete the project, including direct administrative tasks related to the project, it must submit a written request for a Time Extension to the Recipient with the following information: • Documentation substantiating delays beyond its control; • A detailed justification for the delay; • Status of the work; and, • The project timeline with the projected completion date. Within its discretion, set out by 44 C.F.R. §206.204, the Division will grant a time extension for all emergency work, or Category A (debris removal) and B (emergency protective measures) work, by three (3) months. This extends the period of performance for all applicants designated for Category A and B work. 49 This time extension does not apply to Permanent Work projects. For Permanent Work projects, the applicant will need to submit a time extension request via. the FDEM Grants Management System once the project is obligated by FEMA. If the Division grants the time extension request, the grant will be retroactive. It may extend Emergency Work projects by six (6) months and Permanent Work projects by thirty (30) months. FEMA has authority to extend individual project deadlines beyond these timeframes if extenuating circumstances justify additional time. This applies to all projects with the exception of those projects for temporary facilities. FEMA generally considers the following to be extenuating circumstances beyond the Applicant’s control: • Permitting or EHP compliance related delays due to other agencies involved • Environmental limitations (such as short construction window) • Inclement weather (site access prohibited or adverse impact on construction) FEMA generally considers the following to be circumstances within the control of the Applicant and not justifiable for a time extension: • Permitting or environmental delays due to Applicant delays in requesting permits • Lack of funding • Change in administration or cost accounting system • Compilation of cost documentation Although FEMA only provides PA funding for work performed on or before the approved deadline, the Applicant must still complete the approved SOW for funding to be eligible. FEMA de-obligates funding for any project that the Applicant does not complete. If the Applicant completes a portion of the approved SOW and the completed work is distinct from the uncompleted work, FEMA only de-obligates funding for the uncompleted work. For example, if one project includes funds for three facilities and the Applicant restores only two of the three facilities, FEMA only de-obligates the amount related to the facility that the Applicant did not restore. Time Extension requests should be submitted prior to current approved deadline, be specific to one project, and include the following information with supporting documentation: • Dates and provisions of all previous time extensions • Construction timeline/project schedule in support of requested time • Basis for time extension request: o Delay in obtaining permits Permitting agencies involved and application dates o Environmental delays or limitations (e.g., short construction window, nesting seasons) Dates of correspondence with various agencies Specific details • Inclement weather (prolonged severe weather conditions prohibited access to the area, or adversely impacted construction) o Specific details • Other reason for delay o Specific details Submission of a Time Extension request does not automatically grant an extension to the period of performance. Without an approved Time Extension from the State of FEMA (as applicable), any expenses incurred outside the P.O.P. are ineligible. 6. INSURANCE The Sub-Recipient understands and agrees that disaster funding for insurable facilities provided by FEMA is intended to supplement, not replace, financial assistance from insurance coverage and/or other sources. Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance grants in order to avoid a duplication of benefits. The Sub-Recipient further understands and agrees that if Public Assistance funding is obligated for work that is subsequently determined to be covered by 50 insurance and/or other sources of funding, FEMA must de-obligate the funds per Stafford Act Sections 101 (b)(4) and 312 (c). As a condition of funding under this Agreement, pursuant to 44 C.F.R. §§ 206.252-253, for damaged facilities, the Sub-Recipient understands it must, and it agrees to, maintain such types of insurance as are reasonable and necessary to protect against future loss for the anticipated life of the restorative work or the insured facility, whichever is lesser. Except that the Recipient acknowledges FEMA does not require insurance to be obtained and maintained for projects where the total eligible damage is less than $5,00000. In addition to the preceding requirements, the Sub-Recipient understands it is required to obtain and maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding in future disasters pursuant to § 311 of the Stafford Act. As stated in the Stafford Act, “Such coverage must at a minimum be in the amount of the eligible project costs.” Further, the Stafford Act, requires a Sub- Recipient to purchase and maintain insurance, where that insurance is “reasonably available, adequate or necessary to protect against future loss” to an insurable facility as a condition for receiving disaster assistance funding. The Public Assistance Program and Policy Guide further states, “If the Applicant does not comply with the requirement to obtain and maintain insurance, FEMA will deny or de-obligate PA funds from the current disaster.” If the State Insurance Commissioner certifies that the type and extent of insurance is not “reasonably available, adequate or necessary to protect against future loss” to an insurable facility, the Regional Administrator may modify or waive the requirement in conformity with the certification. The Sub-Recipient understands and agrees it is responsible for being aware of, and complying with, all insurance considerations contained in the Stafford Act and in 44 C.F.R. §§ 206.252-253. The Sub-Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes aware of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. The Sub-recipient further agrees to provide all pertinent insurance information, including but not limited to copies of all policies, declarations pages, insuring agreements, conditions, and exclusions, Statement of Loss, and Statement of Values for each insured damaged facility. The Sub-Recipient understands and agrees that it is required to pursue payment under its insurance policies to the best of its ability to maximize potential coverage available. 7. COMPLIANCE WITH PLANNING/PERMITTING REGULATIONS AND LAWS The Sub-Recipient is responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Recipient, and in accordance with applicable Local, State, and Federal legal requirements. If applicable, the contract documents for any project undertaken by the Sub-grantee/Sub-Recipient, and any land use permitted by or engaged in by the Sub-grantee/Sub-Recipient, must be consistent with the local government comprehensive plan. The Sub-Recipient must ensure that any development or development order complies with all applicable planning, permitting, and building requirements including, but not limited to, the National Environmental Policy Act and the National Historic Preservation Act. The Sub-Recipient must engage such competent, properly licensed, engineering, environmental, archeological, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. 8. FUNDING FOR LARGE PROJECTS Although Large Project payment must be based on documented actual costs, most Large Projects are initially approved based on estimated costs. Funds are made available to the Sub-Recipient when work is in progress and funds have been expended with documentation of costs available. When all work associated with the project is complete, the State will perform a reconciliation of all costs and will transmit the information to FEMA for its consideration for final funding adjustments (See Closeouts). The submission from the Sub-Recipient requesting this reimbursement must include: 51 a) A Request for Reimbursement (available in the FDEM Grants Management System); b) A Summary of Documentation (SOD) which is titled Reimbursement Detail Report in the FDEM Grants Management System and is automatically created when the Request for Reimbursement is submitted (and is supported by copies of original documents such as, but not limited to, contract documents, insurance policies, payroll records, daily work logs, invoices, purchase orders, and change orders); and, c) The FDEM Cost Claim Summary Workbook (found in the Forms section of the FDEM Grants Management System), along with copies of original documents such as contract documents, invoices, change orders, canceled checks (or other proof of expenditure), purchase orders, etc. 9. ADVANCES 1. For a Federally funded contract, any advance payment is also subject to 2 C.F.R., Federal OMB Circulars A-87, A-110, A-122, and the Cash Management Improvement Act of 1990. 2. All advances must be held in an interest-bearing account with the interest being remitted to the Recipient as often as practicable, but not later than ten (10) business days after the close of each calendar quarter. 3. In order to prepare a Request for Advance (RFA) the Sub-Recipient must certify to the Recipient that it has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay. The Sub-Recipient must prepare and submit a budget that contains a timeline projecting future payment schedules through project completion. 4. A separate RFA must be completed for each Project Worksheet to be included in the Advance Funding Payment. 5. The Sub-Recipient must complete a Request for Reimbursement (RFR) via the FDEM Grants Management System no more than ninety (90) days after receiving its Advance Payment for a specific project. The RFR must account for all expenditures incurred while performing eligible work documented in the applicable Project Worksheet for which the Advance was received. 6. If a reimbursement has been paid prior to the submittal of a request for an advance payment, an Advance cannot be accepted for processing. 7. The Recipient may advance funds to the Sub-Recipient, not exceeding the Federal share, only if the Sub-Recipient meets the following conditions: a) The Sub-Recipient must certify to the Recipient that Sub-Recipient has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; b) The Sub-Recipient must submit to the Recipient the budget supporting the request. 8. The Sub-Recipient must submit a statement justifying the advance and the proposed use of the funds, which also specifies the amount of funds requested and certifies that the advanced funds will be expended no more than ninety (90) days after receipt of the Advance; 9. The Recipient may, in its sole discretion, withhold a portion of the Federal and/or nonfederal share of funding under this Agreement from the Sub-Recipient if the Recipient reasonably expects that the Sub- Recipient cannot meet the projected budgeted timeline or that there may be a subsequent determination by FEMA that a previous disbursement of funds under this or any other Agreement with the Sub-Recipient was improper. 52 Payments under the Public Assistance Alternative Procedures Program (PAAP) are paid as an Advance Payment only if permissible in accordance with 2 C.F.R. § 200.305(b). Advance payments are only permissible if in compliance with 2 C.F.R. § 200.305(b), and PAAP projects are no exception. 10. DESIGNATION OF AGENT The Sub-Recipient must complete Attachment D by designating at least three (3) agents to execute any Requests for Advance or Reimbursement, certifications, or other necessary documentation on behalf of the Sub-Recipient. After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned team. In the event the Sub-Recipient contacts have not been updated regularly and all three (3) Agents have separated from the Sub-Recipient’s agency, a designation of authority form will be needed to change contacts. NOTE: This is very important because if contacts are not updated, notifications made from FDEM Grants Management System may not be received and could result in failure to meet time periods to appeal a Federal determination. 11. DUNS Q&A What is a DUNS number? The Data Universal Numbering System (DUNS) number is a unique nine-digit identification number provided by Dun & Bradstreet (D&B). The DUNS number is site specific. Therefore, each distinct physical location of an entity such as branches, divisions and headquarters, may be assigned a DUNS number. Who needs a DUNS number? Any institution that wants to submit a grant application to the Federal government. Individual researchers do not need a DUNS number if they are submitting their application through a research organization. How do I get a DUNS number? Dun & Bradstreet have designated a special phone number for Federal grant and cooperative agreement applicants/prospective applicants. Call the number below between 8 a.m. and 5 p.m., local time in the 48 contiguous states and speak to a D&B representative. This process will take approximately 5 – 10 minutes and you will receive your DUNS number at the conclusion of the call. 1-866-705-5711 What do I need before I request a DUNS number? Before you call D&B, you will need the following pieces of information: • Legal Name • Headquarters name and ad dress for your organization • Doing business as (dba) or other name by which your organization is commonly recognized • Physical address • Mailing address (if separate from headquarters and/or physical address) • Telephone number • Contact name and title • Number of employees at your physical location How much does a DUNS number cost? There is no charge to obtain a DUNS number. Why does my institution need a DUNS number? 53 New regulations taking affect Oct. 1, 2003 mandate that a DUNS number be provided on all Federal grant and cooperative agreement applications. The DUNS number will offer a way for the Federal government to better match information across all agencies. How do I see if my institution already has a DUNS number? Call the toll-free number above and indicate that you are a Federal grant and/or cooperative agreement applicant. D&B will tell you if your organization already has a number assigned. If not, they will ask if you wish to obtain one. Should we use the +4 extension to the DUNS number? Although D&B provides the ability to use a 4-digit extension to the DUNS number, neither D&B nor the Federal government assign any importance to the extension. Benefits, if any, derived from the extension will be at your institution only. Is there anything special that we should do for multi-campus systems? Multi-campus systems can use what is called a parent DUNS number to aggregate information for the system as a whole. The main campus will need to be assigned a DUNS number. Then each satellite campus will need to reference the main campus DUNS number as their parent DUNS when obtaining their own DUNS number. For NIH grantees, if each campus submits grant applications as a unique grantee organization, then each campus needs to obtain their own DUNS number. What should we do if our institution has more than 1 DUNS number? Your institution will need to decide which DUNS number to use for grant application purposes and use only that number. Are there any exceptions to the new DUNS number rules? Individuals who would personally receive a grant or cooperative agreement award from the Federal government apart from any business or non-profit organization they may operate are exempt from this requirement. Who at my institution is responsible for requesting a DUNS number? This will vary from institution to institution. This should be done by someone knowledgeable about the entire structure of your institution and who has the authority to make such decisions. Typically, this request would come from the finance/accounting department or some other department that conducts business with a large cross section of the institution. We are an organization new to Federal grant funding so we obviously need a DUNS number. But we don’t want to be included in any marketing list. What can we do? Inclusion on a D&B marketing list is optional. If you do not want your name/organization included on this marketing list, request to be de-listed from D&B’s marketing file when you are speaking with a D&B representative during your DUNS number telephone application. Who do we contact if we have questions? If you have questions about applying for a DUNS number, contact the Dun & Bradstreet special phone number 1-866-705-5771. If you have questions concerning this new Federal-wide requirement, contact Sandra Swab, Office of Federal Financial Management, 202-395-3993 or via e-mail at sswab@omb.eop.gov. 12. Substitute Form W-9 For the purpose of this Agreement, a Sub-Recipient is also a Vendor. The State of Florida requires vendors doing business with the State to submit a Substitute Form W-9. The purpose of a Form W-9 is to provide a Federal Taxpayer Identification Number (TIN), official entity name, a business designation (sole proprietorship, corporation, partnership, etc.), and other taxpayer information to the State. Submission of a Form W-9 ensures that the State's vendor records and Form 1099 reporting 54 are accurate. Due to specific State of Florida requirements, the State will not accept the Internal Revenue Service Form W-9. Effective March 5, 2012, State of Florida agencies will not be permitted to place orders for goods and services or make payments to any vendor that does not have a verified Substitute W-9 on file with the Department of Financial Services. Vendors are required to register and submit a Form W-9 on the State's Vendor Website at https://flvendor.myfloridacfo.com. 13. Small, Women Owned and Minority Owned Businesses 2 CFR 200.321 requires a non-Federal entity take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. These affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. 55 Attachment H FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) INSTRUCTIONS AND WORKSHEET PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on Federal awards (Federal assistance and expenditures) be made available to the public via a single, searchable website, which is http://www.usaspending.gov/. The FFATA Subaward Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management (“FDEM” or “Division”) must use to capture and report sub-award and executive compensation data regarding first-tier subawards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5). Note: This “Instructions and Worksheet” is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below should be filled out, signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the FDEM prior to the FDEM’s issuance of a subaward (Agreement) that obligates $25,000 or more in Federal funds as described above. Please provide the following information and return the signed form to the Division as requested. PROJECT #: FUNDING AGENCY: Federal Emergency Management Agency AWARD AMOUNT: $ OBLIGATION/ACTION DATE: SUBAWARD DATE (if applicable): DUNS#: DUNS# +4: *If your company or organization does not have a DUNS number, you will need to obtain one from Dun & Bradstreet at 866-705-5711 or use the web form (http://fedgov.dnb.com/webform). The process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS NAME: DBA NAME (IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** 56 PARENT COMPANY DUNS# (if applicable): CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): DESCRIPTION OF PROJECT (Up to 4000 Characters) Complete eligible Projects for repair or replacement of Disaster damaged facilities. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: **Providing the Zip+4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION: 1. 1. In your business or organization’s previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 CFR 170.320; AND, (b) $25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act? Yes No If the answer to Question 1 is “Yes,” continue to Question 2. If the answer to Question 1 is “No”, move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986? Yes No If the answer to Question 2 is “Yes,” move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at http//www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is “No” FFATA reporting is required. Provide the information required in the “TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR” appearing below to report the “Total Compensation” for the five (5) most highly compensated “Executives”, in rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: “Executive” is defined as “officers, managing partners, or other employees in management positions”. “Total Compensation” is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: 57 i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion __________________) Rank (Highest to Lowest) Name (Last, First, MI) Title Total Compensation for Most Recently Completed Fiscal Year 1 2 3 4 5 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACCURATE. SIGNATURE: NAME AND TITLE: DATE: 58 CONTRACT PROVISIONS TEMPLATE FEMA Office of Chief Counsel Procurement Disaster Assistance Team 59 INTRODUCTION If a non-Federal entity (state or non-state) wants to use federal funds to pay or reimburse their expenses for equipment or services under a contract, that contract must contain the applicable clauses described in Appendix II to the Uniform Rules (Contract Provisions for Non-Federal Entity Contracts Under Federal Awards) under 2 C.F.R. § 200.326. In addition, there are certain contract clauses which are recommended by FEMA. This document outlines the federally required contract provisions in addition to FEMA- recommended provisions. • For some of the required clauses, sample language or references to find sample language are provided. • Sample language for certain required clauses (remedies, termination for cause and convenience, changes) is not provided since these must be drafted in accordance with the non-Federal entity’s applicable local laws and procedures. • For the clauses which require that exact language be included, the required language is provided. Those clauses are specifically identified below. Please note that the non-Federal entity alone is responsible for ensuring that all language included in their contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II. 60 TABLE OF CONTENTS I. TOOLS 1. CONTRACT PROVISIONS QUICK REFERENCE GUIDE ............................................... 4 II. REQUIRED CONTRACT PROVISIONS 1. REMEDIES ................................................................................................................ 6 2. TERMINATION FOR CAUSE AND CONVENIENCE ..................................................... 6 3. EQUAL EMPLOYMENT OPPORTUNITY .................................................................... 6 4. DAVIS BACON ACT ................................................................................................. 10 5. COPELAND ANTI-KICKBACK ACT ........................................................................... 11 6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT .................................... 13 7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT… ............ 14 8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT… ........... 15 9. DEBARMENT AND SUSPENSION .......................................................................... 16 10. BYRD ANTI-LOBBYING AMENDMENT ................................................................... 18 11. PROCUREMENT OF RECOVERED MATERIALS ...................................................... 21 III. FEMA-RECOMMENDED CONTRACT PROVISIONS 1. ACCESS TO RECORDS ............................................................................................ 22 2. CHANGES/MODIFICATIONS ................................................................................. 23 3. NON-USE OF DHS SEAL, LOGO, AND FLAGS ......................................................... 23 4. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS ... 24 5. NO OBLIGATION BY THE FEDERAL GOVERNMENT .............................................. 24 6. PROGRAM FRAUD AND FALSE/FRADULENT STATEMENTS OR RELATED ACTS .... 25 61 Required Contract Provisions: Quick Reference Guide KEY Required/Recommended Provision Required/Recommended Provision and Required Exact Language Not Required for PA Awards (Grants) Required Provision Contract Criteria Sample Language? 1. Legal/contractual/administrative remedies for breach of contract > Simplified Acquisition Threshold ($250k) No. It is based on applicant’s procedures. 2. Termination for cause or convenience > $10k No. It is based on applicant’s procedures. 3. Equal Employment Opportunity Construction work Yes. 41 CFR Part 60-1.4(b) 4. Davis Bacon Act Construction work Not applicable to PA grants 5. Copeland Anti-Kickback Act Construction work > $2k Not applicable to PA grants 6. Contract Work Hours and Safety Standards Act > $100k + mechanics or laborers Yes. 29 CFR 5.5(b) 7. Rights to inventions made under a contract or agreement Funding agreement Not applicable to PA grants 8. Clean Air Act and Federal Water Pollution Control Act >$150k Yes 9. Debarment and Suspension All Yes 10. Byrd Anti-Lobbying Amendment All (>$100k: Certification) Yes. Clause and certification 11. Procurement of Recovered Materials Applicant is a state or political subdivision of a state. Work involves the use of materials. Yes 62 Recommended Contract Provisions: Quick Reference Guide Recommended Provision Contract Criteria Sample Language? 1. Access to Records All Yes 2. Contract Changes or Modifications All No. It depends on nature of contract and end-item procured. 3. DHS Seal, Logo, and Flags All Yes 4. Compliance with Federal Law, Regulations and Executive Orders All Yes 5. No Obligation by Federal Government All Yes 6. Program Fraud and False or Fraudulent Statements or Related Acts All Yes 63 REQUIRED CONTRACT PROVISIONS 1. REMEDIES a. Standard. Contracts for more than the simplified acquisition threshold, currently set at $250,000, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. See 2 C.F.R. Part 200, Appendix II(A). b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. 2. TERMINATION FOR CAUSE AND CONVENIENCE a. Standard. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity, including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II(B). b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. 3. EQUAL EMPLOYMENT OPPORTUNITY If applicable, exact language below in subsection 3.d is required. a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C). 64 b. Key Definitions. i. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60- 1.3 defines a “federally assisted construction contract” as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. ii. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. c. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. d. Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following contract clause. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for 65 employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures 66 authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon 67 contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 4. DAVIS-BACON ACT a. Standard. All prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix II(D). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. b. Applicability. The Davis-Bacon Act only applies to the Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It DOES NOT apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program. c. Requirements. If applicable, the non-federal entity must do the following: i. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. ii. Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject to the Davis-Bacon Act, must also include a provision for compliance with 68 the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to FEMA. iii. Include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). Suggested Language. The following provides a sample contract clause: Compliance with the Davis-Bacon Act. a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. c. Additionally, contractors are required to pay wages not less than once a week. 5. COPELAND ANTI-KICKBACK ACT a. Standard. Recipient and subrecipient contracts must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). 69 b. Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public Assistance Program. c. Requirements. If applicable, the non-federal entity must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). Each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. Sample Language. The following provides a sample contract clause: Compliance with the Copeland “Anti-Kickback” Act. a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment 70 as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.” 6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT a. Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Further, no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. b. Applicability. This requirement applies to all FEMA contracts awarded by the non- federal entity in excess of $100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers. It is applicable to construction work. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. c. Suggested Language. The regulation at 29 C.F.R. § 5.5(b) provides contract clause language concerning compliance with the Contract Work Hours and Safety Standards Act. FEMA suggests including the following contract clause: Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 71 (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. 7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT a. Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non- Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under 72 Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F). b. Applicability. This requirement applies to “funding agreements,” but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “fundingagreement.” c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. 8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT a. Standard. If applicable, contracts must contain a provision that requires the contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II(G). b. Applicability. This requirement applies to contracts awarded by a non-federal entity of amounts in excess of $150,000 under a federal grant. c. Suggested Language. The following provides a sample contract clause. Clean Air Act 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as 73 amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the (name of applicant entering into the contract) and understands and agrees that the (name of the applicant entering into the contract) will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the (name of the applicant entering into the contract) and understands and agrees that the (name of the applicant entering into the contract) will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 9. DEBARMENT AND SUSPENSION a. Standard. Non-Federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and Suspension). b. Applicability. This requirement applies to all FEMA grant and cooperative 74 agreement programs. c. Requirements. i. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II(H); and 2 C.F.R. § 200.213. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530. ii. In general, an “excluded” party cannot receive a Federal grant award or a contract within the meaning of a “covered transaction,” to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a “covered transaction,” which is any nonprocurement transaction (unless excepted) at either a “primary” or “secondary” tier. Although“covered transactions” do not include contracts awarded by the Federal Government for purposes of the nonprocurement common rule and DHS’s implementing regulations, it does include some contracts awarded by recipients and subrecipients. iii. Specifically, a covered transaction includes the following contracts for goods or services: 1. The contract is awarded by a recipient or subrecipient in the amount of at least $25,000. 2. The contract requires the approval of FEMA, regardless of amount. 3. The contract is for federally-required audit services. 4. A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of $25,000. d. Suggested Language. The following provides a debarment and suspension 75 clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of recipient/subrecipient/applicant). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (insert name of recipient/subrecipient/applicant), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. BYRD ANTI-LOBBYING AMENDMENT a. Standard. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. FEMA’s regulation at 44 C.F.R. Part 18 implements the requirements of 31 U.S.C. § 1352 and provides, in Appendix A to Part 18, a copy of the certification that is required to be completed by each entity as described in 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any 76 Federal award. Such disclosures are forwarded from tier to tier up to the Federal awarding agency. b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. Contractors that apply or bid for a contract of $100,000 or more under a federal grant must file the required certification. See 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18. c. Suggested Language. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. d. Required Certification. If applicable, contractors must sign and submit to the non-federal entity the following certification. APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any 77 Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracyof each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Contractor’s Authorized Official Name and Title of Contractor’s Authorized Official Date 78 11. PROCUREMENT OF RECOVERED MATERIALS a. Standard. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. See 2 C.F.R. Part 200, Appendix II(J); and 2 C.F.R. § 200.322. b. Applicability. This requirement applies to all contracts awarded by a non- federal entity under FEMA grant and cooperative agreement programs. c. Requirements. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. d. Suggested Language. i. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— 1. Competitively within a timeframe providing forcompliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. ii. Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. iii. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” 79 RECOMMENDED CONTRACT PROVISIONS The Uniform Rules authorize FEMA to require additional provisions for non-Federal entity contracts. Although FEMA does not currently require additional provisions, FEMA recommends the following: 1. ACCESS TO RECORDS a. Standard. All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. Recipients must give DHS/FEMA access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. See DHS Standard Terms and Conditions: Version 8.1 (2018). Additionally, Section 1225 of the Disaster Recovery Reform Act of 2018 prohibits FEMA from providing reimbursement to any state, local, tribal, or territorial government, or private non-profit for activities made pursuant to a contract that purports to prohibit audits or internal reviews by the FEMA administrator or Comptroller General. b. Suggested Language. Access to Records. The following access to records requirements apply to this contract: (1) The Contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or 80 his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the (write in name of the non-federal entity) and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. 2. CHANGES a. Standard. To be eligible for FEMA assistance under the non-Federal entity’s FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. b. Applicability. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured. 3. DHS SEAL, LOGO, AND FLAGS a. Standard. Recipients must obtain permission prior to using the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms and Conditions: Version 8.1 (2018). b. Applicability. FEMA recommends that all non-Federal entities place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. c. Suggested Language. “The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.” 81 4. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS a. Standard. The recipient and its contractors are required to comply with all Federal laws, regulations, and executive orders. b. Applicability. FEMA recommends that all non-Federal entities place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, anddirectives. c. Suggested Language. “This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.” 5. NO OBLIGATION BY FEDERAL GOVERNMENT a. Standard. FEMA is not a party to any transaction between the recipient and its contractor. FEMA is not subject to any obligations or liable to any party for any matter relating to the contract. b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. c. Suggested Language. “The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, orany other party pertaining to any matter resulting from thecontract.” 6. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS a. Standard. Recipients must comply with the requirements of The False Claims Act (31 U.S.C. §§ 3729-3733) which prohibits the submission of false or 82 fraudulent claims for payment to the federal government. See DHS Standard Terms and Conditions: Version 8.1 (2018); and 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to thecontract. b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. c. Suggested Language. “The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.” 83 Attachment J DHS OIG AUDIT ISSUES and ACKNOWLEDGEMENT The Department of Homeland Security (DHS) Office of Inspector General (OIG) was tasked by Congress to audit all FEMA projects for fiscal year 2014. A synopsis of those findings are listed below: There have been 32 separate instances where Grantees/Recipients or Sub-Recipients did not follow the prescribed rules to the point that the OIG believed the below listed violations could have nullified the FEMA/State agreement. 1. Non-Competitive contracting practices. 2. Failure to include required contract provisions. 3. Failure to employ the required procedures to ensure that small, minority, and women’s owned firms were all given fair consideration. 4. Improper "cost-plus-a-percentage-of-cost" contracting practices. The following information comes directly from DHS’s OIG Audit Tips for Managing Disaster Related Project Costs; Report Number OIG-16-109-D dated July 1, 2016. The following may be reasons for the disallowance or total de-obligation of funding given under the FEMA/State agreement: 1. Use of improper contracting practices. 2. Unsupported costs. 3. Poor project accounting. 4. Duplication of benefits. 5. Excessive equipment charges (applicability may vary with hazard mitigation projects). 6. Excessive labor and fringe benefit charges. 7. Unrelated project costs. 8. Direct Administrative Costs. 9. Failure to meet the requirement to obtain and maintain insurance. Key Points that must be followed when Administering FEMA Grants: • Designate one person to coordinate the accumulation of records. • Establish a separate and distinct account for recording revenue and expenditures, and a separate identifier for each specific FEMA project. • Ensure that the final claim for each project is supported by amounts recorded in the accounting system. • Ensure that each expenditure is recorded in the accounting books and references supporting sources of documentation (checks, invoices, etc.) that can be readily retrieved. • Research insurance coverage and seek reimbursement for the maximum amount. Credit the appropriate FEMA project with that amount. 84 • Check with your Federal Grant Program Coordinator about availability of funding under other Federal programs (Federal Highways, Housing and Urban Development, etc.) and ensure that the final project claim does not include costs that another Federal agency funded or could have funded. • Ensure that materials taken from existing inventories for use on FEMA projects are documented by inventory withdrawal and usage records. • Ensure that expenditures claimed under the FEMA project are reasonable, necessary, directly benefit the project, and are authorized under the “Scope of Work.” I acknowledge that I have received a copy of, and have been briefed on, the above DHS OIG Audit Issues. __________________________________________ _____________________________ Sub-Recipient Agency Date _____________________________________ Signature _____________________________________ Printed Name & Title 85 Attachment K JUSTIFICATION FOR ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. If you are requesting an advance, complete the following chart and line item justification below. BUDGET CATEGORY/LINE ITEMS (list applicable line items) 20___-20___ Anticipated Expenditures for First Three Months of Agreement Example: PW#00001(0) Contract Work $1,500,000.00 (provide detailed justification). TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term must be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance). [ ] ADVANCE REQUESTED Advance payment of $ ____________________________ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay pending obligations for eligible work. We would not be able to operate the program without this advance. 86 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8083 Agenda Date: 8/17/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Authorize the award of Invitation to Bid 38-20 Antiscalant to American Water Chemicals, Inc. of Plant City, FL in an annual not-to-exceed amount of $65,000, with the option for two, one-year extensions at the City’s discretion, and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid (ITB) #38-20, Antiscalant was issued on June 9, 2020. Two bids were received on July 8, 2020. American Water Chemicals Inc represents the lowest responsive, responsible bidder for Antiscalant. Antiscalant is a water treatment chemical used to inhibit the formation of scale for water being purified by the Reverse Osmosis (RO) treatment process. Antiscalant is utilized at the two Water Treatment Plants for treating drinking water. Antiscalant blend and dosages are based on each individual plant’s water quality and membrane configuration. RO1 and RO2 use different antiscalant blends and dosages. The initial contract period will be August 21, 2020 through August 20, 2021, with the option for two, one-year term renewal terms available to the City. Renewal Terms allow for cost increases based on the Producer Price Index #0613 Basic Inorganic Chemicals; renewal prices shall be firm for the respective annual term. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY20 are available in Public Utilities’ cost centers, cost code 550100 Lab Chem Supplies. Funding for future fiscal years (FY21 through FY23) will be requested within contract calendar and spending limits. Page 1 City of Clearwater Printed on 8/16/2020 July 14, 2020 NOTICE OF INTENT TO AWARD Public Utilities and Procurement recommend award of ITB No. 38-20, Antiscalant to American Water Chemicals, Inc., the lowest most responsible bidder, in accordance with the bid specifications, in the estimated amount of $65,000 annually, for a period of one (1) year, with two (2), one (1) year extension options. This Award recommendation will be considered by the City Council at the August 17, 2020 Work Session (9:00 a.m.) and voted on at the August 20, 2020 Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Sr. Procurement Analyst at valerie.craig@myclearwater.com, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Valerie Craig Valerie Craig, CPPB Sr. Procurement Analyst CITY OF CLEARWATER ITB # 38-20, Antiscalant DUE DATE: July 8, 2020; 10:00 AM BID TABULATION Calculation error Item No.Description Product Name Recommended Dosage in mg/l MGD Feedwater flow at RO1 Weight of 1 Gallon of Chemical Est Daily Quantity in lbs/day Unit Cost Estimated Annual Cost (365 days) 1 RO1 ANTISCALANT BID PRICING MATRIX (PRIMARY)AWC A102-Plus 2.03 5.25 9.0126 96.0518 $0.85 $ 29,800.07 2 RO1 ANTISCALANT BID PRICING MATRIX ALTERNATE 2 RO2 ANTISCALANT BID PRICING MATRIX (Must be phosphate free) Phosphate free product AWC A111-Plus 1.60 4.30 9.0126 62.0067 $0.85 $ 19,237.57 Total : $ 49,037.64 Item No.Description Product Name Recommended Dosage in mg/l MGD Feedwater flow at RO1 Weight of 1 Gallon of Chemical Est Daily Quantity in lbs/day Unit Cost Estimated Annual Cost (365 days) 1 RO1 ANTISCALANT BID PRICING MATRIX (PRIMARY)PC-1850T 1.21 5.25 10.0000 63.525 $1.05 $ 24,345.96 2 RO1 ANTISCALANT BID PRICING MATRIX ALTERNATE 2 RO2 ANTISCALANT BID PRICING MATRIX (Must be phosphate free) Phosphate free product PC-1611T 1.76 4.3 9.3000 70.382 $1.15 $ 29,543.01 Total : $ 53,888.97 Nalco Company LLC NO BID NO BID American Water Chemicals, Inc. v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #38-20 ANTISCALANT June 9, 2020 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, July 8, 2020 to provide Antiscalant. Brief Description: The City of Clearwater is soliciting sealed bids to supply Reverse Osmosis (RO) Membrane Antiscalant for the Public Utilities RO Plant #1 and RO Plant #2. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Sr. Procurement Analyst: Valerie Craig Sr. Procurement Analyst Valerie.Craig@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS ANTISCALANT 2 ITB #38-20 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 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the due date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: July 8, 2020 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary INSTRUCTIONS ANTISCALANT 3 ITB #38-20 to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL: It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Firms may mail or hand-deliver responses to the address below. Use label at the end of this solicitation package. E-mail or fax submissions will not be accepted. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.10 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.11 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.12 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the INSTRUCTIONS ANTISCALANT 4 ITB #38-20 brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.13 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.14 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.15 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.16 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.17 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. i.18 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.19 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. INSTRUCTIONS ANTISCALANT 5 ITB #38-20 i.20 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures. If any discrepancy exists between this Section and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Officer no later than five (5) business days before Bid 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 the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION ANTISCALANT 6 ITB #38-20 i.21 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.22 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Price. We will then evaluate the bids that have met the requirements above. i.24 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.25 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.26 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.27 BID TIMELINE. Dates are tentative and subject to change. Release ITB: June 9, 2020 Advertise Tampa Bay Times: June 10, 2020 Bids due: July 8, 2020 Review bids: July 8- July 14, 2020 Award recommendation: July 14, 2020 Council authorization: August 6, 2020 Contract begins: August 2020 STANDARD TERMS AND CONDITIONS ANTISCALANT 7 ITB #38-20 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS ANTISCALANT 8 ITB #38-20 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. STANDARD TERMS AND CONDITIONS ANTISCALANT 9 ITB #38-20 S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the STANDARD TERMS AND CONDITIONS ANTISCALANT 10 ITB #38-20 contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. STANDARD TERMS AND CONDITIONS ANTISCALANT 11 ITB #38-20 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. 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. STANDARD TERMS AND CONDITIONS ANTISCALANT 12 ITB #38-20 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. 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. STANDARD TERMS AND CONDITIONS ANTISCALANT 13 ITB #38-20 S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Administrator and/or an authorized representative from the using department. All questions STANDARD TERMS AND CONDITIONS ANTISCALANT 14 ITB #38-20 regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. STANDARD TERMS AND CONDITIONS ANTISCALANT 15 ITB #38-20 S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this. Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS ANTISCALANT 16 ITB #38-20 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 116,585 residents. The City of Clearwater is a major tourist destination – Clearwater Beach was recently rated #1 U.S. Beach by TripAdvisor, previously named “Florida’s Best Beach Town 2013” by USA Today, and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball and hosts several sports tournaments through the year that attract visitors from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story has made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. SCOPE OF WORK. The City of Clearwater is soliciting sealed bids to supply Reverse Osmosis (RO) Membrane Antiscalant for the Public Utilities RO Plant #1 and RO Plant #2. The successful bidder will provide a firm price per pound for antiscalant (scale inhibitor) to be delivered on an as needed basis. 3. RO PLANT SYSTEM CONFIGURATIONS. RO Plant #1 has two (2) identical trains. The trains are a single pass two (2) stage system. The first stage has twenty-two (22) vessels with seven (7) elements each and uses Hydranautics ESPA4-MAX membranes. The second stage has eight (8) vessels with seven (7) elements each and uses Hydranautics ESPA2-MAX membranes. Each train has a nominal permeate flow of 1.4 million gallons per day (MGD) with a seventy-eight percent (78%) recovery. Cartridge prefiltration consists of three (3) housings with each containing seventy-five (75) filters. Filters are 30” X 2.5” double open end rated at five (5) micron nominal. RO1 Currently uses A- 102+ from American Water Chemicals at an average dose of 3.0 mg/l. RO Plant #2 has three (3) identical trains. The trains are a single pass two (2) stage system. The first stage has thirty (30) vessels with seven (7) elements each and uses Toray TMG20-440C membranes. The second stage has fifteen (15) vessels with seven (7) elements each and uses Toray TM720D-440 membranes. All vessels and elements are eight-inch (8”) diameter. Each train has a nominal permeate flow of 1.75 million gallons per day (MGD) with an eighty percent (80%) recovery. Cartridge prefiltration consists of two (2) housings with each containing one hundred eighty-six (186) filters. Filters are 40” X 2.5” double open end rated at five (5) micron nominal. 1. RO2 currently uses A-111+ + from American Water Chemicals at an average dose of 3.5 mg/l. 4. SPECIFICATIONS. a. Proposed products must be approved and certified for potable water application under NSF/ANSI 60 standards: Drinking Water Treatment Chemicals - Health Effects. A copy of the certification must be provided with the bid proposal and must include the maximum allowable dose rates. b. Proposed product(s) must have been satisfactorily tested and shown to be acceptable for use with the Toray and Hydranautics membranes listed in the RO PLANT SYSTEM CONFIGURATIONS. Vendor must provide Toray and Hydranautics membrane compatibility letter with bid. c. The product shall contain a biogrowth control additive. The antiscalant must be resistant to biological growth while stored in the original container or feed tank for up to two (2) years. A certification letter verifying this must be included with the bid proposal. d. Vendor’s manufacturing/blending facilities must be certified under the International Organizational for Standardization ISO 9001 certification. A copy of the Vendor’s certification must be included in bid proposal. DETAILED SPECIFICATIONS ANTISCALANT 17 ITB #38-20 e. All submittals must be accompanied by the Safety Data Sheets (SDS) for the product in accordance with the Federal “Right-to-Know” Regulations implemented by the Occupational Safety and Health Administration (OSHA). The antiscalant (scale inhibitor) must be labeled in accordance with OSHA Hazard Communication Standard 29 CFR 1910.1200 as may be current and any other applicable safety regulation(s). f. A Certificate of Analysis from manufacturer defining the parameters outlined below must be included with bid proposal. The certification shall include a minimum of: ➢ % Solids ➢ Specific Gravity ➢ PH ➢ Appearance ➢ Residual Monomer Content ➢ Date of Manufacture g. Both RO Plant #1 and RO Plant #2 have experienced biological fouling, sulfur reducing bacteria fouling, and silicon dioxide fouling. Therefore, a dispersant chemical has been in use in the facilities. The Vendor will make their recommendation as to whether or not a dispersant is necessary and if their determination is that dispersant isn’t needed; they will bid an alternate dispersant product. The percent (%) of active dispersant chemical must be included in the bid. 5. ON-SITE ANALYSIS/SUBMITTALS. Due to current facility site restrictions, we are unable to accommodate pre-bid site visits. If you have questions about water quality or need additional system information, please contact Valerie.Craig@myclearwater.com. a. The potential Vendor must review Exhibit B-Water Quality Data supplied by the City of Clearwater and establish the most effective antiscalant dose based on feeding the product neat (undiluted). b. The potential Vendor must submit with bid proposal a product projection indicating the minimum and recommended dosage for both RO Plant #1 and RO Plant #2. Submit the product projection on a separate sheet and turn in with bid submittal. e. Products must be fed neat. Vendor must provide the projections of dosage rate in parts per million and total quantity annually in pounds of product. Recommended dosages must not exceed the maximum allowable levels established by regulatory agencies for the product. 6. PRODUCT MATERIAL REQUIREMENTS. RO Plant #1 has had intermittent iron fouling issues. Antiscalant doses will be increased as needed to deal with potential iron fouling of cartridge filters and membranes. A phosphonated product is recommended but not required for RO Plant #1. If a phosphate free product is submitted for RO Plant #1, the vendor must provide with this bid a suitable alternative phosphonated product with the required projection, pricing matrix and specification. RO Plant #2 must be bid with a phosphate free product. 7. MINIMUM QUALIFICATIONS. Vendor must provide, with bid submittal, a minimum of three (3) local service contact names, phone numbers, addresses, and a 24/7 access number for product support and emergency technical and product services requirements. The Vendor must provide hands-on training for system cleaning once (1) per year during the contract term. The Vendor must make available a technical representative to visit each Plant a minimum of two (2) times per year to inspect the results of the product on the system. DETAILED SPECIFICATIONS ANTISCALANT 18 ITB #38-20 8. REFERENCES. Vendor must provide a minimum of three (3) current customer references where the proposed products have been used in a similar product application. Vendor will provide the name of the facility and individuals, the product(s) supplied including the application information and the capacity in gallons per day (GPD) for the facility. 9. DELIVERY. a. Vendor must guarantee that each delivery truck will be in safe mechanical condition and will be operated by a capable driver trained in the proper handling of the chemical being delivered. b. The Vendor will supply copies of the manufacturer’s shipping and handling safety procedures with delivery. c. All packaging must bear the National Sanitation Foundation (NSF) certification mark and manufacturer’s information. d. All normal (non-emergency) deliveries shall be made within ten (10) business days after receipt of order. e. All emergency deliveries shall be made within one (1) business day after receipt of order. f. Within five (5) days of intent to award, Vendor shall provide the City of Clearwater contact information for emergency deliveries. g. Delivery time of day shall be as arranged upon placement of order and shall be between the hours of 7:00 AM – 5:00 PM EST. h. The City of Clearwater reserves the right to change quantities and delivery dates at their discretion within a twenty-four (24) hour notice of placing an order. i. Delivery shipments shall be rejected which fail to meet any contract specifications stated in this document. In the event that a delivery shipment is rejected by the City of Clearwater, upon notification to the Vendor that the shipment is rejected, the Vendor shall be required to ship a replacement delivery to the affected location within 24-hours from the time of notification. Failure to provide replacement product that meets the bid specifications will constitute failure to comply with the delivery requirements set forth in this document and may be grounds for termination. j. Product deliveries shall be in palletized fifty-five (55) gallon drums or two-hundred and seventy-five (275) gallon returnable totes. k. Delivery locations and staffed hours of operation: Site Name Site Address Staffed Hours RO Plant #1 1657 Palmetto Street, Clearwater, FL 33765 Contact #1: 727-224-2466 Contact #2: 727-224-7736 M-F 6:30am-10:30pm RO Plant #2 21133 US 19 N Clearwater, FL 33765 Contact #1: 727-200-3229 Contact #2: 727-434-4135 M-F 6:30am-10:30pm DETAILED SPECIFICATIONS ANTISCALANT 19 ITB #38-20 8. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Auto Liability policies. In addition, when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #38-20 P.O. Box 4748 Clearwater, FL 33758-4748 DETAILED SPECIFICATIONS ANTISCALANT 20 ITB #38-20 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES ANTISCALANT 21 ITB #38-20 1. BEGINNING AND END DATE OF INITIAL TERM. August 2020 – July 2021 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year renewals possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the Producer Price Index for PPI #0613 Basic Inorganic Chemicals, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION ANTISCALANT 22 ITB #38-20 1. BID SUBMISSION. It is recommended that bids are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format (if submitting paper document) Bid container properly labeled Bid pricing form completed and included W-9 Request for Taxpayer Identification Number and Certification form completed and included (http://www.irs.gov/pub/irs-pdf/fw9.pdf) Exceptions/Additional Materials/Addenda form completed and included Vendor Information form completed and included Offer Certification form completed and included A copy of NSF/ANSI 60 standards certification Toray and Hydranautics membrane compatibility letter Certification letter that product is resistant to biological growth for two (2) years Copy of ISO 9001 certification Safety Data Sheets (SDS) The Certificate of Analysis from manufacturer Product Projection Minimum of three (3) references Minimum of three (3) local service contacts BID PRICING ANTISCALANT 23 ITB #38-20 Pursuant to all the contract specifications enumerated and described in this solicitation, we agree to furnish Reverse Osmosis Membrane Antiscalant to the City of Clearwater at the price(s) stated in Exhibit A - Bid Pricing. A valid bid requires that bid pricing be entered on the protected Excel worksheet that is provided as Exhibit A – Bid Pricing; no other pricing format will be accepted. The imbedded formulas will calculate the Estimated Annual Cost. DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _____________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA ANTISCALANT 24 ITB #38-20 Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ VENDOR INFORMATION ANTISCALANT 25 ITB #38-20 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 bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: SCRUTINIZED COMPANIES ANTISCALANT 26 ITB #38-20 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by ______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE OFFER CERTIFICATION ANTISCALANT 27 ITB #38-20 By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: REFERENCES ANTISCALANT 28 ITB #38-20 Instructions: Provide a minimum of three (3) current customer references where the proposed products have been used in a similar product application. Vendor will provide the name of the facility and individuals, the product(s) supplied including the application information and the capacity in gallons per day (GPD) for the facility. Additional pages may be added, if needed. Complete and return with bid submittal. Reference # 1 Product: Gallons per day: Name of Facility: Dates: Address City / State / Zip Contact Person: Email: Phone: Fax: Application Information: Reference # 2 Product: Gallons per day: Name of Facility: Dates: Address City / State / Zip Contact Person: Email: Phone: Fax: Application Information: Reference # 3 Product: Gallons per day: Name of Facility: Dates: Address City / State / Zip Contact Person: Email: Phone: Fax: Application Information: Vendor Name Date: LOCAL SERVICE CONTACTS ANTISCALANT 29 ITB #38-20 Instructions: Provide a minimum of three (3) local service contact names, phone numbers, addresses, and a 24/7 access number for product support and emergency technical and product services requirements.Additional pages may be added, if needed. Complete and return with bid submittal. Service Contact #1 Name: Address City / State / Zip Contact Person: Phone: 24/7 Access Phone Number: Service Contact #2 Name: Address City / State / Zip Contact Person: Phone: 24/7 Access Phone Number: Service Contact #3 Name: Address City / State / Zip Contact Person: Phone: 24/7 Access Phone Number: Vendor Name:________________________________________ Date:__________________________ MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER ANTISCALANT 30 ITB #38-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #38-20, ANTISCALANT Due Date: July 8, 2020 at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #38-20, ANTISCALANT Due Date: July 8, 2020, at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8110 Agenda Date: 8/17/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Provide Direction on Planning and Development Department Program Priorities (WSO) SUMMARY: Several significant projects are scheduled to start over the next few months. At the September 3, 2020 city council meeting the Department will be seeking approval of a consulting contract to assist in a major update of the Comprehensive Plan. The Department was also planning to issue an RFP the week of August 17 for a business process study to evaluate current development review, permitting and inspections processes and provide recommendations for improvements. The goal is to have these two projects proceeding concurrently so upon their completion there will be policy direction and recommended process improvements to provide the basis for a major re-write or new Community Development Code. Both projects are significant in terms of staff and management resources, scope and importance to the community. The Department also has quite a few other projects/studies/reports currently underway or programed to start within the next months which are listed below. Two projects that are not included in the list but could impact the Department’s resources are the development of a redevelopment plan for N. Greenwood if a CRA is established and a major land use plan amendment and rezoning application if The Landings referendum passes. Also not included in this list is the customer-driven daily work of processing planning applications, building permits and conducting daily inspections and code compliance work. All are depicted on the information provided by staff, including the potential planning efforts. ·Ft. Harrison Ave. Complete Streets ·Community Dashboard ·City Hall ·Food Truck Code Amendments to Address HB 1193 ·Lien Amnesty Program ·One-Stop Guide to Development Review ·Development of Standardized Reporting of Departmental Metrics ·Private Plan Review Fee Evaluation and Potential Code Amendment ·State Required Building Permit and Inspection Fee Report ·IVR Enhancement - Text Service ·Citizens Guide to Quasi-Judicial Hearings ·Evaluation of Private Provider Fee Reduction ·Placemaking Initiatives Page 1 City of Clearwater Printed on 8/16/2020 File Number: ID#20-8110 ·Code Enforcement Sweeps At a previous work session several Council members expressed their interest in studies/projects not included in the Department’s current work program. They included an amendment to the Downtown Plan and an evaluation of issues that arise when abutting zoning districts with different levels of development potential or uses cause compatibility issues . There may also be interest in other use related issues that could result in amendments to the Community Development Code. To determine how to best support any new Council priorities, a more detailed review of projects and project timings has been completed. Time to absorb new projects could be carved out by delaying the planned start of the Business Process Study for six months and rescheduling the work needed to address a recent State preemption for mobile food dispensing vehicles (food trucks). The scale of the Comprehensive Plan update work is significant, which impacts what additional work could be absorbed even with the potential shifting of the two items suggested above. An amendment to the Downtown Plan would require approximately one year to complete and would also require Downtown zoning district amendments which could be developed and processed concurrently. Due to the extent of this work and time involved, if this project is added to the work program and the North Greenwood CRA is approved, the Department could not absorb both of these projects. It is less clear what work might be generated out of a discussion relating to zoning district compatibility concerns so providing any definitive project timeline is difficult. Staff would be stretched beyond its capacity to undertake both the Downtown Plan amendments and any zoning district study at the same time. Staff is seeking Council direction on any changes to the Planning and Development Department work program priorities. Page 2 City of Clearwater Printed on 8/16/2020 A S O N D J F M A M J J A S O N D J F M A M J J 2020 2021 2022 Community Dashboard Comprehensive Plan Business Process Study City Hall Lien Amnesty Private Plans Review Fee Eval. Permit & Inspection Fee Report IVR Update Planning Applications, Building Permits & Inspections, and Ongoing Code Compliance Activity Landings LUP/REZ Cases (Potential) Ft. Harrison Project Scoping North Greenwood CRA Plan (Potential) Placemaking (1 City-Led Project, New Program, Grant Program) “1-Stop” Guide to Dev. Review Customer Svc. Email Survey Standardized Report of Dept. Metrics Code Sweep Citizens’ Guide to CDB Complete Streets Policy Scoping RFP Process Q4 FY19-20 Q1 FY20-21 Q2 FY20-21 Q3 FY20-21 Q4 FY20-21 Q1 FY21-22 Q2 FY21-22 Q3 FY21-22 Q4 Planning & Development Work Program 2020-2022 Code SweepCode Sweep Food Trucks (CS/HB 1193 2020) Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8116 Agenda Date: 8/17/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Amend City Council Policies 2-21, 3-2, 3-4, 3-5, 5-7, 5-12, 6-4, and 8-2. SUMMARY: Staff is recommending the following amendments: Special Events Fee (2-21) - staff recommends updating event name and timeline. The Special Events Committee will review applications for use of City beaches, sidewalks, outdoor recreation open space and rights-of-way. Sponsoring organizations will be responsible for the costs of all City services needed in conjunction with the events unless they are City sponsored or co-sponsored events. The City Council may waive all or a portion of fees and related charges for City sponsored or co-sponsored events, including, but not limited to Jazz Holiday, July 4th, Turkey Trot, and Martin Luther King, Jr. CelebrationParade. There shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item confirming co-sponsorship and waiver of fees for those to be submitted in the budget will be brought for City Council consideration and acceptance in March by June of each calendar year. All items accepted by the Council are then to be included in the appropriate department’s budget. Only after the item is passed as part of the approved budget is the item considered to be funded. In the event additional monies are requested beyond what is included in the approved budget, City Council approval will be needed before said additional funds are appropriated. Citizen Inquiries- Responses (3-2) - staff recommends adding language to create a process when a member of Council is requested to support a grant application that the City may be considering. A.Generally responses should be in the same form as received, i.e. letter with letter. However, when deemed to be more appropriate a different form may be used. B.Inquiries addressed to a specific Councilmember will be responded to by that Councilmember. C.Inquiries addressed to the whole Council, whether in one letter or duplicate letters to all Councilmembers, will be answered factually by the Mayor using language that indicates that he or she is responding for the Clearwater City Council. When needed, responses will be brought to Council for direction, prior to being sent. Mail will be routed to the appropriate staff to draft a response. Individual Councilmembers are not precluded from responding individually to express their opinion. D.Inquiries received which are not specifically addressed to the Council or its members Page 1 City of Clearwater Printed on 8/16/2020 File Number: ID#20-8116 will be answered by the City Manager or designated staff member. E.Inquiries and responses will be distributed, via e-mail, to all Councilmembers. F.Form letters or emails may be acknowledged but will not require a customized response. G. Requests to support grant applications will be directed to the Council Assistant who will confirm with staff if a city application is being submitted for the grant application. Departing Councilmembers’ Gifts (3-4) - staff recommends updating language to coincide with current practice: Departing gifts shall be chosen in consultation with the outgoing members. The value of the gifts shall be a maximum of $300 for one full term, $500 for two full terms and $600 for more than two full terms. One full term. Plaque, nameplate, letter, pewter tray with seal, Council pictures. Two full terms. Plaque, nameplate, letter, City watch, Council pictures. Three or more full terms. Plaque, nameplate, ring, collage or album, tray with seal, letter gag gift, caricature. Distribution of Council Correspondence (3-5) - staff recommends updating language with current practice. All correspondence to the Mayor and the Councilmembers arriving at City Hall received pursuant to the law or in connection with the transaction of official business by the City of Clearwater shall be distributed as follows: When needed, e-mails will be forwarded to all Councilmembers by the Council Assistant. Councilmembers will receive the original of hard copy items individually addressed to them, whether anonymous or not. Council e-mails and other correspondence will be available on the City’s website through the electronic document management system. Mail will be delivered to the Council once per week, or as needed daily. Courtney Campbell Causeway (State Road 60) Welcome Signage Program (5-7) - staff recommends adding language clarifying process to replace welcome signs. 4.Installation of a welcome sign will be processed in accordance with the following: A.Requests for a welcome sign shall be submitted in writing to the Parks and Recreation Department by filling out a Courtney Campbell Parkway (State Road 60) Welcome Signage Program Application. The form is available online at www.myclearwater.com <http://www.myclearwater.com>, or by calling the Parks and Recreation Department. B.The award to be recognized by the welcome sign must be of national or international significance. 1.Accomplishment of national or international significance is an achievement or completion of an award granted to an organization or to the City in recognition of being the best in the entire nation or the best involving two or more countries that promote and enhance the image of Clearwater. 2.Significant Clearwater historical events are defined as events that are unique to Clearwater and add to the overall understanding of the City and its history. C.If approved, a welcome sign may be allowed for a period not to exceed two years. If no other request for signage has been submitted, the current sign may continue for an Page 2 City of Clearwater Printed on 8/16/2020 File Number: ID#20-8116 unspecified time until another application is accepted. D.Requests for a welcome sign may be made by a group or an individual, however written approval to use the event or award to be recognized must be secured from the governing body being represented. In cases where the request is for a group or organization no longer in existence but historically significant to the City, no approval is necessary. Special Event Street Closure Limitation (5-12) - staff recommends updating language with current practice. Street closures for special events shall be limited to two (2) per calendar year requested by any one non-profit or for-profit organization. The City of Clearwater and council approved Co-Sponsored events shall be exempt from this limitation. The City shall comply with any Florida Department of Transportation policies regarding street closures of state roads. Landscaping of City Roads (6-4) - staff recommends adding language that cites recommended resources. When landscaping is a necessary and integral part of a City road or street improvement/construction project the landscape material shall be selected and located based on ease and frequency of required maintenance. All such material shall be drought resistant. Per Clearwater Community Development Code Sec. 3-1202, all such material shall be native, or a non-invasive plant naturalized to Central Florida. Plants recommended in the Guide of Southeast Florida Water Management District, Florida Native Plant Society, FloridaYards.org, University of Florida or other entity as approved by the Community Development Coordinator shall be used. Brick Streets (6-2) - staff is not recommending any changes to the policy; format changes are implemented to keep sections together. Amplification of Sound at City Venues (8-2) - staff recommends deleting paren 3; due to technology changes, the current language was restrictive on how sound should be measured. 2.Amplification of sound including music will not exceed an average of 95 decibel or dB level measured at the house mix over a period of 30 seconds. 3.Amplification of sound during the event will be measured by a city employee or city contractor by using a sound level meter which is an instrument that includes a microphone, amplifier, RMS detector, integrator or time average, output of display meter and the weighting networks used to measure sound pressure level. 3. 4. The city employee or city contractor will measure the sound levels for every group performing at the event. Page 3 City of Clearwater Printed on 8/16/2020 CITY OF CLEARWATER CITY COUNCIL POLICIES Adopted 11-7-2019 i As Approved at 11/07/19 Council Meeting CITY COUNCIL POLICY MANUAL Table of Contents POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION 1 – BOARDS 1-1 Ad Hoc Committees 1-2 Advisory Board Appreciation 12/1/16 1-3 Campaign Material During Meetings 1-4 City Representatives on Non-City Boards 12/1/161-5 Input from Advisory Boards 10/6/05 1-6 Input to Other Boards/Committees 12/1/16 1-7 Letterhead 1-8 Non-Board Business Functions - Sunshine Law 1-9 Representative Balance 1-10 Special Requests 2 – BUDGET and FINANCE 2-1 Accounting Procedures 2-2 Audit or Selection Committee 12/1/16 11/7/19 2-3 Balanced Budget 2-4 Budget Review Process 12/1/16 2-5 Budgetary Position Control 12/1/16 2-6 CRA Contribution to General Fund 2-7 Capital Improvement Budget & Capital Improvement Plan 2-8 Central Insurance Reserve Policy 10/6/05 2-9 Clearwater Gas System Gas Supply Hedging Policy 12/2/04 12/1/16 2-10 Debt Management Policy 12/1/16 2-11 Enterprise Funds 2-12 Enterprise Fund Transfer Payment 5/17/17 2-13 General Fund Unappropriated Retained Earnings 9/14/11 2-14 Interfund Administrative Charge 12/1/16 2-15 Interfund Other Service Charges 2-16 Investment Policy 5/17/182-17 Maintenance of Capital Plant and Equipment 2-18 Review of Annual Audit 2-19 Review of Rate Schedules 5/17/172-20 Road Millage 2-21 Special Events Fee 5/17/1807/16/20 ii As Approved at 11/07/19 Council Meeting CITY COUNCIL POLICY MANUAL Table of Contents – Cont’d POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION 3 – CITY COUNCIL 3-1 Annual Events 12/1/16 3-2 Citizen Inquiries - Responses 12/1/16 3-3 Council Travel 12/1/16 3-4 Departing Councilmembers’ Gifts 12/1/16 07/16/20 3-5 Distribution of Council Correspondence 12/1/16 07/16/20 3-6 Fund Raisers 11/20/143-7 Information Available to Public and Press 8/21/03 3-8 Proclamations 12/1/16 3-9 Representation on Boards 12/1/16 3-10 Resolutions 3-11 Staff Projects 12/1/16 3-12 Strategic Direction/Planning 12/1/16 3-13 Televising Council Meetings 4 – CITY EMPLOYEES 4-1 Participating in Auctions 4-2 Reimbursement of Certain Meal Events 5 – GENERAL ADMINISTRATION 5-1 Application Fee Waivers 8/14/18 5-2 Block Party Insurance Requirements 5-3 Bright and Beautiful 12/1/16 5-4 Citizens to be Heard Response 10/6/05 5-5 City Sponsored Events 6/2/08 12/1/16 5-6 Copyright Fees 5/17/18 5-7 Courtney Campbell Causeway (State Road 60) Welcome Signage Program 11/20/14 12/1/16 07/16/20 5-8 Economic Development Incentive Policy 5/17/17 5-9 Fire Lanes 5/17/17 5-10 Renewal of Agreements 5-11 Roadside Memorial Marker Program 11/20/14 12/1/16 5-12 Special Event Street Closure Limitation 2/16/17 07/16/20 5-13 Stationery 12/1/16 iii As Approved at 11/07/19 Council Meeting 5-14 Welcome Letters CITY COUNCIL POLICY MANUAL Table of Contents – Cont’d POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION 6 – LAND DEVELOPMENT 6-1 Annexation Agreements 6-2 Brick Streets 11/7/19 6-3 Foreclosure 3/1/18 6-4 Landscaping of City Roads 12/1/16 07/16/20 6-5 New Sidewalks 5/17/17 6-6 Parks & Recreation Card to Annexing Property 6-7 Petitions for Annexation 6-8 Subdivision Monuments 12/1/16 6-9 Waiver/Reduction of Liens 7 – LEGAL 7-1 Case Reports 8 – LEISURE 8-1 Ages 12-13 Supervised Use of City Recreation Fitness Facilities 12/1/16 8-2 Amplification of Sound at City Venues 10/6/05 07/16/20 8-3 Holiday Decorations 12/1/16 8-4 Library Donor Naming Recognition 8-5 Renaming City Parks 11/7/19 1 As Approved at 11/07/19 Council Meeting CITY COUNCIL POLICY BOARDS Ad Hoc Committees. Members of boards may also serve on Ad Hoc committees or Task Forces. 1-1 Advisory Board Appreciation. Each recipient of an invitation to the Annual Advisory Board Appreciation event may bring one guest. Members should attend at least one meeting prior to being invited to the annual event. 1-2 Campaign Material During Meetings. During City Council and board meetings, board members will not display material supporting or opposing candidates or issues on any election ballot. 1-3 City Representatives on Non-City Boards. Citizens appointed by City Council to be the City’s representatives on non-City Boards will serve no more than three consecutive terms, at the discretion of City Council. The representatives shall keep the Council informed of the activities of the boards. 1-4 Input from Advisory Boards. Staff will assure that input from advisory boards regarding issues coming before the City Council is noted in the City Council’s agenda items. 1-5 Input to Other Boards/Committees. Upon majority approval, a board may advise other boards or agencies regarding its position on issues but may not represent that position as City policy. 1-6 Letterhead. Advisory Board letterhead may be used and staff assists when correspondence is written on behalf of the entire board. Letterhead will not be used by individual members expressing individual opinions and concerns. 1-7 Non-Board Business Functions - Sunshine Law. In order to eliminate the possibility or appearance of violation of the Sunshine Law, all boards and committees appointed by the City Council are requested not to schedule luncheons or other non-board business functions. 1-8 Representative Balance. When making appointments to a board, the City Council will strive to assure the board has a balance of race, gender and geographical area of the City represented. 1-9 Special Requests. Requests for special reports on projects will require Council or City Manager’s approval prior to staff commencing efforts in this regard. 1-10 2 As Approved at 11/07/19 Council Meeting CITY COUNCIL POLICY BUDGET and FINANCE Accounting Procedures. It is a policy of the City Council to establish and maintain a standard of accounting practices on a basis consistent with Generally Accepted Accounting Procedures (GAAP), and the Governmental Accounting Standards Board (GASB), and the standard practices of the Government Finance Officers Association of the United States and Canada (GFOA). The City will also comply with the rules of the Auditor General and the Uniform Accounting System as required by the State of Florida. 2-1 Auditor Selection Committee. It is a policy of the City Council to have an Auditor Selection Committee for the selection of a Certified Public Accounting firm for the annual financial audit, in compliance with Section 218.391, Florida Statutes. The Auditor Selection Committee will be appointed by the City Council and shall be comprised of one council member, who shall act as chair and at least two members to be chosen by City Council, who are not officers or employees of the City. The Auditor Selection Committee may include the City Auditor and the City Finance Director to serve in non-voting advisory capacity only in accordance with the requirements of Section 218.391, Florida Statutes. The Auditor Selection Committee will be responsible to assist City Council in selecting an external auditor to conduct the annual financial audit and serve other audit oversight purposes in accordance with the requirements of Section 218.391, Florida Statutes. The Auditor Selection Committee may also manage the audit process as appropriate. 2-2 Balanced Budget. It is a policy of the City Council to adopt a balanced budget for all funds. The City will avoid budget and accounting practices that balance the budget at the expense of future budgets. The City will also avoid budgeting any unrealized investment gains due to the City’s practice of holding investments until maturity. 2-3 Budget Review Process. It is a policy of the City Council to be provided with a quarterly budget report and an annual operating budget comparing actual versus budgeted revenue and expense activity. 2-4 Budgetary Position Control. It is a policy of the City Council that the total number of permanent full-time and part-time positions (full-time equivalents) approved in the annual operating budget may not be exceeded without prior approval of the City Council. 2-5 CRA Contribution to General Fund. It is the City's policy that services provided for administrative support to the Community Redevelopment Agency (CRA) by City employees shall be reimbursed to the General Fund. Such reimbursement shall be approximate actual costs incurred by the department, together with any associated costs. 2-6 3 As Approved at 11/07/19 Council Meeting Capital Improvement Budget and Capital Improvement Plan. It is a policy of the City Council to adopt a six-year Capital Improvement Plan and Budget which summarizes the project scope, estimated cost estimates by project, method of financing, and anticipated operating costs of each project. 2-7 Central Insurance Reserve Policy. It is a policy of the City Council to maintain a Central Insurance Fund reserve to guard against unforeseen or uninsured costs or increases in property, workers’ compensation, health or liability insurance. The target minimum balance for this reserve is equal to 75% of the actuarially calculated self-insurance reserve liability. If reserves are drawn down below the above target minimum balance, the City will develop a plan to replenish the reserves, generally within five (5) years. 2-8 Clearwater Gas System Supply Hedging Policy: It is a policy of the City Council to limit the financial risk to Clearwater Gas System (CGS) of natural gas purchases by Hedging a portion of its gas supply needs with the intention of reducing price volatility for the residential, commercial, and industrial customers of CGS. Hedging amounts for a specified period of time will NOT exceed the expected average natural gas energy usage over that time period. The City Representative shall issue a Directive to Florida Gas Utility (FGU) in the event that CGS would like FGU to take any action with respect to a Financial Product on its behalf. The General Manager of FGU shall not be authorized to enter into a Financial Product on a system-wide basis for CGS without a Directive from the City Representative. Financial Products shall be purchased or otherwise acquired for the purpose of risk management and, to the extent possible, shall be entered into in such a manner as to meet applicable accounting standards as a “hedge” for accounting purposes; provided that the failure to obtain any particular accounting treatment with respect to a Financial Product shall not form a basis for challenging or otherwise calling into question the legality and enforceability of a Financial Product entered into pursuant to a Directive. CGS shall not engage in any purchase or acquisition of Financial Products for Speculation. In the event if any inconsistency between the terms of this Policy and any existing agreement between FGU and CGS, including, without limitation, the All Requirements Gas Services Agreement, dated as of February 15, 2002 and as amended from time to time, between FGU and CGS and entered into pursuant to Resolution 02-02 the City of Clearwater, Florida, the terms of such agreement shall prevail. In above policy, these terms are defined as: 1. “City Representative” means a representative of the City of Clearwater, Florida, who can authorize a Directive with respect to Financial Products, which term shall include, without limitation, any person designated as a “member representative” or “project participant representative” under an agreement between FGU and the City of Clearwater, Florida. 2. ”Directive” means an instrument, in writing, executed and delivered by a City Representative that gives directions to FGU, or otherwise authorizes actions by FGU, with respect to Financial Products and the related Financial Instruments. 2-9 4 As Approved at 11/07/19 Council Meeting 3. ”Financial Instruments” means one or more agreements entered into with respect to Financial Products by and among the parties thereto, which may include FGU, CGS, or both, or any other third party or counterparty thereto, and such term shall expressly include, without limitation, any assignment or termination agreement related to Financial Products by FGU, CGS, or both. 4. ”Financial Products” means swaps, options, caps, collars, floors, forwards, futures contracts, and any other Hedging transactions, and any combination of the foregoing, whether executed “over-the-counter” pursuant to private agreement of “exchange-traded” on one or more regulated contract markets. 5. ”Hedge” means to minimize or protect against loss by counterbalancing one transaction against another or otherwise mitigating economic risk. The term “Hedging” shall be construed accordingly. 6. ”Speculation” means using Financial Products in a manner not reasonably expected to reduce the risk associated with CGS business activities. 2-9 cont’d Debt Management Policy. This policy is to establish criterion and procedures for the issuance of debt financing by the City. This Debt Policy confirms the commitment of the City Council, management, staff, advisors and other decision makers to adhere to sound financial management practices, including full and timely repayment of all borrowings, and achieving the lowest possible cost of capital within prudent risk parameters. The City shall employ the use of debt to compliment the significant recurring commitments of annual appropriations for capital purposes in a way that is fair, reasonable, and equitable to each generation of taxpayers, ratepayers, users and other beneficiaries. 1. General: A. The City shall seek to maintain their high bond ratings so borrowing costs are minimized and access to credit is preserved. B. The City may utilize debt obligations to refinance current debt or for acquisition, construction or remodeling of capital Improvement projects that cannot be funded from current revenue sources or in such cases wherein it is more equitable to the users of the project to finance the project over its useful life. C. The useful life of the asset or project generally must exceed the payout schedule of any debt the City assumes. D. The City will analyze funding alternatives to minimize the cost impact of debt structures on the taxpayers or ratepayers. E. The outstanding debt will be reexamined periodically to determine whether an economical advantage exits for refinancing the outstanding debt given changes in the interest rate and bond market. As a general rule, the present value savings of a particular refunding should exceed 5% while maintaining a similar maturity schedule to the original debt. 2. Type and Structure of Debt: A. Any legally allowable debt may be used for financing capital improvements; this includes, but is not limited to, short-term and long-term debt, general obligation and revenue debt, fixed and variable rate debt, lease-backed debt, conduit issues, and taxable debt. The use of zero coupon bonds, capital appreciation bonds, deep discount bonds, and premium bonds may be considered. 2-10 5 As Approved at 11/07/19 Council Meeting B. The City may consider the use of credit enhancements (letters of credit, bond insurance, surety bonds, etc) when such credit enhancements proves cost-effective. C. When fiscally advisable and when consistent with contractual obligations, the City shall lease purchase capital equipment. Generally, equipment will have a monetary value $25,000 or more and a minimum life expectancy of three years. The debt service on the lease purchase items shall be paid by the user department. 3. Issuance of Obligations A. Selecting Service Providers: 1. The City may retain an independent financial advisor for advice on debt structuring, the rating review process, marketing debt issuances, sale and post-sale services and to prepare and/or review the official statement. 2. The City may also retain independent bond counsel and disclosure counsel for legal and procedural advice on all debt issuances. 3. As necessary, the City may retain other service advisors, such as trustees, underwriters, and pricing advisors. 4. Any process utilized to select professional service providers in connection with the City’s debt program shall be in conformance with City purchasing policies, procedures and requirements. The objectives of the process will be to: a. Promote competition b. Be as objective as possible c. Incorporate clear and rational selection criteria d. Be independent of political influence e. Be perceived as fair by the respondents f. Result in a cost-effective transaction g. Result in the selection of the most qualified firm h. Eliminate conflict of interest B. Method of Sale 1. Competitive Sale. The City will generally seek to issue its bond obligations in a competitive sale. Other methods may be used if it is determined that such a sale method will not produce the best results for the City. 2. Negotiated Sale. The City may elect to sell its bond obligations through a negotiated sale. This method will usually be considered when the bond issue is refunding a prior issue or there is a unique or unusual component to the bond issue. 3. Private Placement. When determined appropriate, the City may elect to sell its debt obligations through a private placement or limited public offering. C. Maturity of the debt 1. Bonds will generally not have more than a thirty-year duration. 2. Lease Purchase debt will generally not have more than a five-year duration. 4. Post-Issuance Compliance A. In order to comply with federal tax laws and maintain the tax-exempt status of certain municipal debt issues, Post-Issuance Compliance monitoring is required at regular intervals as follows: 2-10 cont’d 6 As Approved at 11/07/19 Council Meeting 1. Identification of debt-financed facilities and ongoing tax requirements - at time of issue, including a review of tax certificate executed at closing 2. Qualified use of bond proceeds – ongoing 3. Qualified use of facilities financed with debt proceeds - ongoing by monitoring discussions at staff meetings 4. Arbitrage yield restriction and rebate – annually as soon as bank statements containing the last day of the bond year are available 5. Maintenance of bona fide debt service fund – recalculate sinking fund deposit requirements semi-annually after each interest payment date 6. Continuing Disclosure documents other than Significant Events and Notices to Bondholders – annually by due dates through EMMA Dataport 7. Significant Events – upon occurrence through EMMA Dataport 8. Notices to Bondholders – upon occurrence of an event requiring notice B. Procedures for Ensuring Timely Compliance 1. The Finance Director (or designee) will review project invoices presented for payment from bond proceeds and authorize payment if use of proceeds is proper. 2. The Finance Director (or designee) will participate in staff meetings where discussions are held regarding use of debt-financed facilities. 3. The Finance Director (or designee) will calendar all bond year-ends and coordinate transmission of bank statements and other arbitrage-related documents with the outside arbitrage consultant within one month of the bond year-end. 4. The Finance Director (or designee) will re-calculate monthly sinking fund deposit requirements semi-annually after each interest payment, and annually after each principal payment. 5. The Finance Director (or designee) will consult with the City’s Disclosure Counsel, as needed, regarding disclosure of Significant Events. C. Procedures Reasonably Expected to Timely Identify Noncompliance 1. The Finance Director (or designee) will review the Continuing Disclosure Checklist for upcoming due dates at the beginning of each calendar quarter. 2. The Finance Director (or designee) will send required continuing disclosure documents to the City’s Disclosure Counsel for review and approval before filing through the EMMA Dataport. 3. Continuing disclosure due dates will be calendared by the Finance Director and by the designee, as a backup reminder. 4. The annual financial statement audit will include review by external auditors of use of debt proceeds, debt service accounts and payments, and review of minutes of official meetings. D. Procedures for Ensuring Timely Correction of Noncompliance 1. When noncompliance has been identified, the Finance Director will promptly provide required documents or consult with Disclosure Counsel, Bond Counsel or other outside specialists as needed. If a possible violation of the tax rules is identified, the Finance Director will consult with counsel to determine if a “remedial action” should be taken under the Treasury Regulations or if a closing agreement request should be submitted to the Internal Revenue Service under the Voluntary Closing Agreement Program. The City Manager and Council will be notified to take additional steps, if necessary, to timely correct 2-10 cont’d 7 As Approved at 11/07/19 Council Meeting the noncompliance. 2. Upon receipt of any correspondence from, or opening of an examination of any type with respect to tax-exempt debt issued for the benefit of the City, the Finance Director will promptly notify the City Manager and consult with outside counsel as necessary to respond to the IRS. E. Recordkeeping Requirement and Records Retention All relevant records and contracts shall be maintained in retrievable paper or electronic format for the term of the debt plus a minimum of three years. The term of the debt shall include the term of all debt which refunds the original new money issue, including debt issued to refund debt in a series of refundings. Records required to be maintained include: 1. Basic records relating to the debt transaction, including the debt transcript of proceedings and other relevant documents delivered to the City in connection with the issuance and closing of the debt transaction. 2. Documents evidencing expenditure of debt proceeds, including but not limited to: a) Construction contracts b) Purchase orders c) Invoices and applications for payment d) Trustee requisitions and payment records e) Documents related to costs reimbursed with debt proceeds, including related issuer resolutions f) Records identifying the assets or portion of assets financed or refinanced with the debt proceeds g) A final schedule of property financed by the debt and final allocation of debt proceeds 3. Documentation evidencing the use of debt-financed property, including records of lease or sale of debt-financed property for public or private purposes, and any change in use of debt-financed property from its original intended purpose. 4. Documentation evidencing all sources of payment or security for the debt. 5. Documentation pertaining to investment of debt proceeds, including but not limited to: a) Purchase and sale of securities b) SLGs subscriptions c) Yield calculations for each class of investments d) Actual income received from the investment of proceeds e) Investment agreements f) Trustee statement g) Arbitrage rebate calculations and reports 2-10 cont’d Enterprise Funds. It is a policy of the City Council that all Enterprise Fund operations shall be self-supporting, and shall pay administrative and other appropriate service charges to General Fund Operations for support at a level determined by the City Council. 2-11 8 As Approved at 11/07/19 Council Meeting Enterprise Fund Transfer Payment. It is a policy of the City Council that the specific enterprise operations designated by the City Council shall annually transfer to the General Fund an amount determined appropriate to be considered reimbursement in lieu of taxes. The current rate is 5.5% of prior year gross revenues. April 1989 policy adopted by councilmembers established this rate at 4.5% of prior-year gross revenues. This proportionate rate was adopted to accommodate growth and replaced prior years' policy of a prescribed dollar contribution. Other than the exceptions noted below, the rate of 4.5% remained in effect until the City Council adopted the amended rate of 5.5% in September 2005. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to replace the Gas Support contribution with a franchise fee from natural gas customer accounts payable to the General Fund. This, in combination with the Gas dividend, offered the General Fund the same level of support as fiscal year 1995/96. The Gas System Dividend will be 50% of the Gas System Net Income less Bond Interest Earnings, but no less than a $1,700,000, plus a PILOT (Payment in Lieu of Taxes) fee of at least $508,720. Such PILOT fee will be paid by the Gas Franchise Fees to offset such PILOT payment. In September 2000, with the adoption of the 2001/02 Annual Operating Budget, the City Council expanded this policy, which had previously been imposed only on the utility enterprises, to include an annual payment in lieu of taxes from the Marine and Airpark Fund. In FY 2009 the Parking Fund began paying the PILOT. 2-12 General Fund Unappropriated Retained Earnings. It is a policy of the City Council to maintain a General Fund reserve equal to 8% of the subsequent year's budgeted expenditures as a contingency fund to meet unanticipated financial needs. Should funds in excess of 8% be available in any fiscal year, these funds shall be identified as available, and may be appropriated by the Council for specific Capital Improvement Projects or other one-time needs. In addition, the City Council will maintain an additional General Fund reserve equal to ½% of the subsequent year’s budgeted expenditures to fund unanticipated retirements of General Fund long-term employees during the given fiscal year. Any appropriations approved by the City Manager during the year, for this purpose, will be noted in the City Manager’s quarterly budget report. 2-13 Interfund Administrative Charge. It is a policy of the City Council that an allocation shall be made annually distributing the costs for administrative support departments among all operating departments. This distribution shall be proportionately based on the operating department's annual budget, and shall not be charged to General Fund departments. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to maintain the same charge for administrative support from the Gas Fund for fiscal year 1995/96 which will be increased annually by estimated the cost of salary increase index (fiscal year 2001/02 - 5%). 2-14 9 As Approved at 11/07/19 Council Meeting Beginning in fiscal year 2001, the City Council approved an adjustment to the Gas Fund charge increasing the charge by $325,000 over the computed amount to bring the Gas Fund more in line with the proportionate amount calculated in the same manner as the Other Enterprise Funds. 2-14 cont’d Interfund Other Service Charges. It is a policy of the City Council that the cost of services provided to Enterprise Fund Departments by General Fund Departments shall be charged to, and paid by the Enterprise Fund. 2-15 Investment Policy. 1. Scope This statement of investment policy and guidelines applies to all investments of the City's pooled cash, which includes cash and investment balances of the following funds: • General • Special Revenue • Debt Service • Capital Projects • Enterprise • Internal Service Funds • Fiduciary Funds The policies set forth do not apply to the non pooled cash investments of the Pension and Deferred Compensation Funds of the City of Clearwater, deposits for defeased debt, or assets under Bond Trust Indenture Agreements. 2. Investment Objectives A. Safety of principal is regarded as the highest priority in the handling of investments for the City. All other investment objectives are secondary to the safety of capital. Each investment transaction shall seek to first ensure that capital losses are avoided. B. The City's investment strategy will provide sufficient liquidity to meet the City's operating, payroll and capital requirements. To accomplish this the portfolio will be "laddered" with monthly maturities except for those months in which significant Ad Valorem taxes are received. To the extent possible, the City will match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow requirement, the City will not directly invest in securities maturing more than 15 years from the date of purchase. Also, unless specifically matched against a debt or obligation not more than 15% of the portfolio will have a maturity greater than 10 years. C. The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. 3. Performance Measurement The benchmark yield for the operating portfolio will be the weighted average yield determined by using the following maturity distribution and the related U.S. Treasury yields. Treasury yields are considered the benchmark for riskless investment transactions and, therefore comprise a minimum standard for the operating portfolio's rate of return. The investment program shall seek to augment returns above this threshold, consistent with risk limitations identified herein. 2-16 10 As Approved at 11/07/19 Council Meeting Average Treasury Rates Percentage Distribution Overnight rate 15% 3 month Treasury Bill rate 15% 6 month Treasury Bill rate 15% 1 year Treasury Bill rate 15% 3 year Treasury Note rate 15% 5 year Treasury Note rate 15% 10 year Treasury Note rate 10% Total 100% Weighted average maturity of benchmark 2.46 years 4. Prudence and Ethical Standards The standard of prudence to be applied by the investment officer shall be the "Prudent Person" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income derived." The "Prudent Person" rule shall be applied in the context of managing the overall portfolio. 5. Authorized Investments The City shall limit investments, as authorized in Florida Statutes to: A. Direct Federal Government obligations. Investments in this category would include but not be limited to the following: United States Treasury Bills, Notes and Bonds, and securities issued by the Small Business Administration, Government National Mortgage Association (Ginnie Mae), Veterans Administration, and Federal Housing Administration. B. Federal Agencies and instrumentalities. Investments in this category would include but not be limited to the following: obligations of the Federal Home Loan Banks System (FHLB) or its distinct banks, Financing Corporation (FICO), the Federal Farm Credit Bank, Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), Student Loan Marketing Association (Sallie Mae), Financial Assistance Corporation and Federal Agriculture Mortgage Corporation (Farmer Mac). C. U.S. Securities and Exchange Council registered money market funds with the highest credit quality rating from a nationally recognized rating agency. D. Interest-bearing time deposits or savings accounts, in a qualified Public Depository as defined in s. 280.02 Florida Statutes. E. Debt issued by the State of Florida or any political subdivision thereof including pools. F. Securities of, or other interests in, any open-end or closed-end management- type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. G. Repurchase Agreements and reverse repurchase agreements collateralized by securities otherwise authorized in this policy. H. The Local Government Surplus Funds Trust Fund or any intergovernmental investing pool authorized pursuant to the Florida Interlocal Cooperation Act as 2-16 cont’d 11 As Approved at 11/07/19 Council Meeting provided in s. 163.01 Florida Statutes. I. Commercial paper of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service. 6. Maturity and Liquidity Requirements A. The City will maintain a forecast of expected cash outflows and inflows by major categories. For months that the outflows exceed inflows the City will have investments maturing that month in excess of the forecasted deficits. B. The City’s intention is to keep the weighted average maturity to three years or less. Due to market conditions and cash needs the average maturity may temporarily be greater than three years but no greater than five years. 7. Portfolio Composition, Risk and Diversification Assets held shall be diversified to control risk of loss resulting from over-concentration of assets in a specific maturity, issuer, instrument, or dealer/broker, through which these instruments are bought and sold. The following maximum limits apply to the portfolio: Maturity date 10% Specific instrument 8% Specific issuer 40% Specific dealer/broker 33% Commercial paper 25% Collateralized Mortgage Obligations and Real Estate Mortgage Investment Conduits 33% Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the Investment Committee. 8. Authorized Investment Institutions and Dealers A. Banks - Certificates of deposit purchased under the authority of this policy will be purchased only from Qualified Public Depositories of the State of Florida as identified by the State Treasurer, in accordance with Chapter 280 of the State Statutes. B. Broker/Dealer Approvals and Limitations - Time, practicality, and general business constraints limit the number of investment relationships which can be managed on a regular basis. In most cases, normal investment activity will be limited to no more than ten dealer relationships. A broker/dealer list will be established by the Finance Director or designee. This list will be presented to the Investment Committee for approval. This list will be updated as needed and approved by the Investment Committee. 9. Third-Party Custodial Agreements All securities shall be held by a third party safekeeping company. All purchases by the City under this policy shall be purchased using the "delivery versus payment" procedure. For all purchases and sales of securities the third party custodial will require the approval of two individuals authorized by the Finance Director. 10. Master Repurchase Agreement All approved institutions and dealers transacting repurchase agreements shall be covered by a Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. 2-16 cont’d 12 As Approved at 11/07/19 Council Meeting 11. Bid Requirements After the Finance Director or designee has determined the appropriate maturity based on cash flow needs and market conditions and has selected one or more optimal type of investment, the security in question shall, when feasible and appropriate, be competitively bid. Competitive bids or offerings shall be received from at least three dealers/brokers on all sales or purchases except in situations where: A. The security involved is a ‘new issue’ and can be purchased ‘at the auction.’ B. The security has a fixed "postal-scale" rate. C. The security involved is available through direct issue or private placement. D. The security involved is of particular special interest to the City and dealer competition could have an adverse impact with respect to the price and availability to the City. It is also realized that in certain very limited cases the City will not be able to get three quotes on a certain security. For those cases the City will obtain current market prices from one of the following to determine if the transaction is in the City's best interest: A. Bloomberg Information Delivery System. B. Wall Street Journal or a comparable nationally recognized financial publication providing daily market pricing. C. Daily market pricing provided by the City's Custody Agent or their corresponding institution. 12. Internal Controls The Finance Director shall establish and monitor internal and procedural controls designed to protect the City's assets and ensure proper accounting and reporting of the transactions related thereto. The internal controls will be designed to prevent losses of funds which might arise from fraud, employee error, misrepresentations by third parties, or imprudent actions by employees of the City. All buy and sell communications with the third party safekeeping company will be signed by two individuals authorized to make investment decisions. The internal controls developed under this policy shall be reviewed by the independent auditors as a regular part of their audit of the City. The Finance Director shall establish an Investment Committee that meets on a regular basis for the purpose of reviewing investment transactions, approving brokers/dealer changes and other investment activities. The Investment Committee members will be the Finance Director, Assistant Finance Director, Accounting Manager and any other City staff members appointed by the Finance Director. 13. Reporting The Finance Director or designee shall report on at least an annual basis the following information on the City's investments: A. Securities by class/type. B. Book Value C. Market Value D. Income Earned 14. Continuing Education The members of the Investment Committee will complete no less than 8 hours of continuing educational opportunities on investment practices each fiscal year. The members of the Investment Committee will have sufficient knowledge and education to invest in any and all of the securities listed above. 2-16 cont’d 13 As Approved at 11/07/19 Council Meeting Maintenance of Capital Plant and Equipment. It is a policy of the City Council that the City’s budget will provide adequate funding for maintenance of capital plant and equipment and the funding for their orderly replacement. 2-17 Review of Annual Audit. It is a policy of the City Council to have a Certified Public Accounting firm perform an annual audit on all of the City’s funds. A work session will be held each year within 60 days of the release of the annual financial audit of the City. At that time, the overall financial condition of the City and its enterprise funds will be reviewed. 2-18 Review of Rate Schedules. It is a policy of the City Council to review rate schedules of the City of Clearwater enterprise funds at a minimum of every 5 years. The purpose of the review will be to assure rates are set in a manner to be fair and equitable while covering the City’s cost to provide the service. Unrestricted utility fund balances (working capital reserves) should be maintained pursuant to the most recent rate review or at a level equivalent to at least six months’ operation and maintenance expense, whichever is greater, and three months for all other enterprise and internal funds 2-19 Road Millage. In order to maintain the City’s sidewalks and streets (including curbs and bridges), a road millage will be designated as a part of the annual budget process. Priorities will be determined first on functional and safety considerations. Road Millage may be used for aesthetic repairs. 2-20 Special Events Fee. The Special Events Committee will review applications for use of City beaches, sidewalks, outdoor recreation open space and rights-of-way. Sponsoring organizations will be responsible for the costs of all City services needed in conjunction with the events unless they are City sponsored or co-sponsored events. The City Council may waive all or a portion of fees and related charges for City sponsored or co-sponsored events, including, but not limited to Jazz Holiday, July 4th, Turkey Trot, and Martin Luther King, Jr. Celebration Parade. There shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item confirming co-sponsorship and waiver of fees for those to be submitted in the budget will be brought for City Council consideration and acceptance in Marchby June of each calendar year. All items accepted by the Council are then to be included in the appropriate department’s budget. Only after the item is passed as part of the approved budget is the item considered to be funded. In the event additional monies are requested beyond what is included in the approved budget, City Council approval will be needed before said additional funds are appropriated. 2-21 14 As Approved at 11/07/19 Council Meeting CITY COUNCIL POLICY CITY COUNCIL Annual Events. Newly elected Councilmembers and Councilmembers-elect shall be invited to the annual Phillies dinner and advisory board appreciation event. 3-1 Citizen Inquiries - Responses. A. Generally responses should be in the same form as received, i.e. letter with letter. However, when deemed to be more appropriate a different form may be used. B. Inquiries addressed to a specific Councilmember will be responded to by that Councilmember. C. Inquiries addressed to the whole Council, whether in one letter or duplicate letters to all Councilmembers, will be answered factually by the Mayor using language that indicates that he or she is responding for the Clearwater City Council. When needed, responses will be brought to Council for direction, prior to being sent. Mail will be routed to the appropriate staff to draft a response. Individual Councilmembers are not precluded from responding individually to express their opinion. D. Inquiries received which are not specifically addressed to the Council or its members will be answered by the City Manager or designated staff member. E. Inquiries and responses will be distributed, via e-mail, to all Councilmembers. F. Form letters or emails may be acknowledged but will not require a customized response. G. Requests to support grant applications will be directed to the Council Assistant who will confirm with staff if a city application is being submitted for the same grant program. 3-2 Council Travel. Payment for travel expenses shall be in keeping with the charter and the City’s travel code. Specific amounts of the Council’s travel budget shall be allocated to each Councilmember during annual budget preparations. At the end of each fiscal year Councilmembers shall provide a report detailing that year’s travel. Council approval shall be obtained prior to any member exceeding their annual allocation for travel. 3-3 Departing Councilmembers’ Gifts. Departing gifts shall be chosen in consultation with the outgoing members. The value of the gifts shall be a maximum of $300 for one full term, $500 for two full terms and $600 for more than two full terms. One full term. Plaque, nameplate, letter, pewter tray with seal, Council pictures. Two full terms. Plaque, nameplate, letter, City watch, Council pictures. Three or more full terms. Plaque, nameplate, ring, collage or album, tray with seal, letter, gag gift, caricature. 3-4 15 As Approved at 11/07/19 Council Meeting Distribution of Council Correspondence. All correspondence to the Mayor and the Councilmembers arriving at City Hall received pursuant to the law or in connection with the transaction of official business by the City of Clearwater shall be distributed as follows: When needed, e-mails will be forwarded to all Councilmembers by the Council Assistant. Councilmembers will receive the original of hard copy items individually addressed to them, whether anonymous or not. Council e-mails and other correspondence will be available on the City’s website through the electronic document management system. Mail will be delivered to the Council once per week, or as needed daily. Other anonymous letters and suggestions will not be distributed but will be maintained in the City Manager's Office. Publications and items of considerable length (such as petitions and agenda materials for other boards) will not be distributed. These items, along with other routine correspondence not requiring responses will be noted on a weekly read file and available through the electronic document management system. Unless otherwise directed, correspondence with the words similar to “Personal,” “Confidential,” or “For the Addressee Only” will be delivered unopened to the addressee. If such correspondence is determined to be related to City business, the receiving Councilmember is to forward it to the Council Assistant for distribution. The City Manager will discuss with the Mayor malicious mail. All e-mails received by the Councilmembers in their individual city email account will be forwarded to the Council Assistant for distribution, or email forwarding, in the same manner as other "hard copy" mail. The following emails will not be forwarded: SPAM/JUNK, broadcast general information or solicitation or items pertaining to scheduling. Emails or "hard copy" mail relating to city business, sent directly to a councilmember's home or private business, or hand delivered, shall also be forwarded to the Council Assistant for distribution. 3-5 Fund Raisers. It shall be at the discretion of individual Councilmembers whether or not to accept invitations to fund raising activities. Expenses incurred by acceptance are not reimbursable. City employees will not attend these functions as City representatives. 3-6 Information Available to Public and Press. All material prepared by the City Manager and City Attorney for the Council shall be provided to the press and to the public within a reasonable amount of time. 3-7 Proclamations. The City of Clearwater will consider issuing proclamations from all segments of the community without regard to gender, race, ethnicity or handicap. Proclamations will not be issued to individuals, companies, “for profit” organizations, profit making agencies, political organizations or religious organizations, except for significant anniversary events of 50 years or 100 years. 3-8 16 As Approved at 11/07/19 Council Meeting Representation on Boards. Councilmembers are asked to serve on various regional and governmental boards. Boards/Committees may be added or deleted from time to time. These duties should be distributed equitably among the Councilmembers. Appointment of Councilmembers to these boards shall be evaluated annually in April. Whenever possible, a Council representative on a board or committee will receive Council input prior to taking a position regarding issues coming before that board. The representing Councilmember shall vote in accordance with the stated position of the majority of the Council. If it is not possible to obtain Council input the Councilmember is to act to the best of their ability in the city's interest and with prior Council positions in mind. Periodic review of the actions of these boards and committees is desirable and the representing Councilmember should coordinate these reports. 3-9 Resolutions. An individual Councilmember may request a resolution. However, prior to preparation of the resolution, there must be a majority of the Councilmembers agreeing to do so. 3-10 Staff Projects. A Councilmember shall request staff research or projects only through the City Manager or City Attorney in accordance with the City charter. Any request that, in the determination of the City Manager or City Attorney, will take longer than 8 hours must be approved by a majority of the Council. The results of such research or projects, except for legal advice to an individual, will be shared with all councilmembers. 3-11 Strategic Direction/Planning. Prior to June 1st of each year and prior to the development of the City Manager’s proposed budget, the City Council shall meet in a strategic planning session(s) to review the five-year financial forecast and update as necessary, the City’s Vision, Mission and Strategic Direction (Goals). From these documents a five-year strategic plan will be updated. 3-12 Televising Council Meetings. All regular City Council meetings and work sessions will be televised on C-View. Efforts will be made to also televise specially scheduled meetings and work sessions. However, there will be times when this is not possible, or practical. No closed-door attorney/client or bargaining sessions will be televised. 3-13 17 As Approved at 11/07/19 Council Meeting CITY COUNCIL POLICY CITY EMPLOYEES Participating in Auctions. City employees and Councilmembers are prohibited from participating in City auctions involving the sale of property which has either been abandoned and confiscated, acquired with public funds, or which has otherwise come into the possession of the City. They may attend as spectators but may not bid on or purchase items offered for sale. All actions that would lead to perceptions of participation, such as a family member bidding on items, should be avoided. It is the intent of this policy to avoid giving "insider" information or a profit motive to employees or their families in the disposal of surplus items. 4-1 Reimbursement of Certain Meal Events. The City Manager will determine when it is appropriate to reimburse city employees for meal costs associated with recognition, award and business related functions. 4-2 18 As Approved at 11/07/19 Council Meeting CITY COUNCIL POLICY GENERAL ADMINISTRATION Application Fee Waivers. Generally, building permit, occupational license, plan review and zoning-related application fees will not be waived except for City projects and other governmental agencies. If staff believes special conditions exist, such requests may be brought to the Council for consideration. Application fee waivers for governmental agencies will include all governmental projects including those in which the governmental agency is leasing property from a third party, providing the governmental agency is the entity which applies for and obtains the permit. PACT (Ruth Eckerd Hall) will be considered a governmental entity when considering application fee waivers. NOTE: The City Clerk's research regarding waiver of application fees shows the following: Chi Chi Rodriquez Youth Foundation - no waivers Center Foundation - waive building permit fees Pinellas County - waived building permit fees for work done by County forces; waive fees for variance application State of Florida - waive fees for variance applications Clearwater Ferry - waive building permit fees St. Petersburg College - refunded building permit fee for parking lot Skye Lane Properties, LLC (Heritage Insurance) – waived permit, application, inspection, and other fees via Resolution 14-03 Pinellas Suncoast Transit Authority – waived plan review and permitting fees (council direction on 7/30/18) None of the above includes waiving impact fees. 5-1 Block Party Insurance Requirement. In order to insulate the City from claims resulting from activities held in the public right-of-way in City-permitted block parties, block parties shall be administered using a two-tier approach, which differentiates between smaller scale block parties that do not include amusements or alcohol in the right-of-way (Tier 1 block parties) from those larger-scale parties that include high risk components and activities (i.e., alcohol zones, fire pits, inflatable amusements) (Tier 2 block parties). Prior to the issuance of a block party permit, block parties categorized as Tier 2 shall be required to demonstrate that they have general liability insurance in the amount of $1,000,000 for which the City is listed as additionally insured. 5-2 Bright and Beautiful. In order to maintain and enhance the image of Bright and Beautiful Clearwater, the Council supports staff in enhanced solid waste recycling and conservation projects, tightening and increasing enforcement of codes (i.e. fence landscaping, prohibition of banners, lot clearing, etc.). Staff is also directed to place a greater emphasis on and coordinate aesthetic consideration on site plans and other development review (i.e. placement of dumpsters, fencing of dumpsters, property landscaping and landscaping of parking lots including perimeter plantings). Litter cleanup and "adopt a street or park" programs are encouraged. Educational and incentive programs for both City staff and the public addressing this issue should be developed. 5-3 19 As Approved at 11/07/19 Council Meeting Citizens to be Heard Response. When appropriate, responses will be sent to those addressing the Council under Citizens to be Heard regarding Items not on the Agenda.5-4 City Sponsored Events. Events sponsored by the City, such as Volunteer Recognition, Advisory Board Appreciation, etc., shall be held within the City limits of Clearwater, unless the cost for a venue outside the City limits is at least 20% less. 5-5 Copyright Fees. The City shall pay the necessary copyright fees to ASCAP for those concerts in the bandshell co-sponsored by the City. The City shall provide a monthly report to ASCAP regarding activities in the bandshell and ASCAP shall be responsible for collecting the fees from bands participating in non-City sponsored programs. In addition, the City shall pay the necessary copyright fees to MPLC for showing movies at various recreation centers. 5-6 Courtney Campbell Causeway (State Road 60) Welcome Signage Program. 1. Welcome signs are intended to greet visitors to Clearwater and share accomplishments of national or international significance (awards) or significant historical events that have been a part of the City of Clearwater. 2. Florida Department of Transportation (FDOT) has permitted two welcome signs to be installed by the City on FDOT right-of-way on the north side of Courtney Campbell Parkway (State Road 60): 1) a general welcome to City of Clearwater sign and 2) a sign dedicated to recognizing a special award of national or international significance or a Clearwater historical event. 3. The Parks and Recreation Department is responsible for the coordination of the Courtney Campbell Parkway (State Road 60) Welcome Signage Program. 4. Installation of a welcome sign will be processed in accordance with the following: A. Requests for a welcome sign shall be submitted in writing to the Parks and Recreation Department by filling out a Courtney Campbell Parkway (State Road 60) Welcome Signage Program Application. The form is available online at www.myclearwater.com, or by calling the Parks and Recreation Department. B. The award to be recognized by the welcome sign must be of national or international significance. 1. Accomplishment of national or international significance is an achievement or completion of an award granted to an organization or to the City in recognition of being the best in the entire nation or the best involving two or more countries that promote and enhance the image of Clearwater. 2. Significant Clearwater historical events are defined as events that are unique to Clearwater and add to the overall understanding of the City and its history. C. If approved, a welcome sign may be allowed for a period not to exceed two years. If no other request for signage has been submitted, the current sign may continue for an unspecified time until another application is accepted. D. Requests for a welcome sign may be made by a group or an individual, however written approval to use the event or award to be recognized must be secured from the governing body being represented. In cases where the request is for a group or organization no longer in existence but historically significant to the City, no approval is necessary. E. Welcome signs, if approved, will be designed, constructed and installed by the Parks and Recreation Department. Requesting group is responsible to reimburse the City for all direct expenses (approximately $1,000 - $2,000). F. The City Council must approve all welcome sign application requests. G. The Courtney Campbell Parkway (State Road 60) Welcome Signage Program is dependent on continued permitted approvals given by FDOT. If for some reason FDOT does not approve permitting the welcome signs, this policy becomes void 5-7 20 As Approved at 11/07/19 Council Meeting and any existing signage would be removed. Economic Development Incentive Policy. Economic Development incentives should be carefully crafted in a transparent manner to ensure that they yield a net benefit to City residents. The following principles should be considered when making determinations: A. The targeted investment would not occur without the incentive; B. The investment should generate new economic activity in the area; C. Each project should be evaluated on a case-by-case basis using the guiding principles articulated in the City’s Economic Development Strategic Plan; D. The Economic Development and Housing Department is the lead department for the development, evaluation, negotiation, measurement and reporting of City-wide economic development incentives. 1. Incentive Types Incentives may be established as Programs or Tools and may provide financial and non-financial inducement to the business, property owner, or developer of a qualifying project: A. Incentive Programs are established by Ordinance or Resolution and require the development of published guidelines and application for submittal by a qualifying project: 1. Qualifying criteria and disclosure of the methods by which the Economic Development and Housing Department will evaluate, negotiate, measure and report information contained within the application must be established within the guidelines. B. Incentive Tools are those activities and resources provided by, or on behalf of, the Economic Development and Housing Department and are not subject to an application process. The use of financial incentive tools are subject to Council approval. C. Financial Incentives must identify the source of funds, as may be permitted by law and may be available from time to time, which may include, but are not necessarily limited to: 1. Ad valorem tax exemption as permitted by statute; 2. The limited waiving, crediting, or payment of fees; 3. Reduced rent on city-owned property; 4. Grant or loan-to-grant agreements; 5. Low-interest loans; 6. Land exchange of comparable appraised value; 7. Financial support of infrastructure improvements; 8. Matching grant funds or in-kind services; 9. Funds for programs or services; 10. Brownfield assessment funds; 11. Public utility tax exemption; 12. Local match of state authorized programs. D. Non-financial incentives may include: 1. Expedited planning review and approval process; 2. Access to Economic Development services; 3. Other city services, as appropriate. 2. Creation or Establishment of Incentive Programs and Tools From time to time, Incentive Programs or Tools may be created or established. Such Programs or Tools must include: A. Statement demonstrating how the proposed incentive relates to the broader economic development strategies including desired development areas identified in the Economic Development Strategic Plan, Adopted Long Range Plans, Consolidated Plan, and others; 5-8 21 As Approved at 11/07/19 Council Meeting B. Desired goal of the program or tool; C. Identification of qualifying criteria which may include, but are not limited to: 1. Minimum number of new full-time city positions created by the business as a result of relocating to or expanding in the city; 2. Minimum average annual wage of the new employees of the business located in the city; 3. Minimum threshold of capital investment in the city; 4. Geographic boundaries in which the Program or Tool may be applied; 5. Sales factor; 6. Industry type including Primary Targeted Industry, if applicable. D. Methods of evaluation: 1. Quantitative Measures: a. Economic, Fiscal and Incentive Impact Analysis; b. Jobs created/retained; c. Average wage of new jobs; d. Capital investment generated; 2. Qualitative measures which identify the achievement of specific community goals. E. Reporting requirements and maintenance of records: 1. Where applicable, economic development incentives approved by Council will be reported as per Council, State and Federal reporting requirements. F. For Financial Incentives: 1. The method of payment for performance and recapture of funds for failure to perform. 3. Funding Sources Funding for economic development incentives may be obtained from the General Fund through the annual budget process or from time to time from any allowable source, including: A. General Fund Reserve; B. Central Insurance Fund; C. Enterprise Fund; D. Federal, State, or County government grants or allocations; E. Other monies set aside, as appropriate. 4. Definitions A. “Project” means company, applicant, developer, property or the combination of some or all which is evaluated for consideration of incentives. B. “Desired Development Area” means certain geographic region(s) of the City of Clearwater where development is preferred. C. “Average Annual Wage” means statistical yearly average wage being paid or proposed wage to be paid by prospective company. D. “Primary Targeted Industry” means the seven (7) industries identified by the City’s Economic Development Strategic Plan (2011) and those identified by Enterprise Florida, Inc. or the Florida Department of Economic Opportunity which may be subject to change from time to time. E. “Capital Investment” means the acquisition of capital assets or fixed assets, such as land, buildings, and equipment. F. “Economic, Fiscal and Incentive Impact Analysis” means the calculation of the worth of a project, business or activity to the community over a period of time using a recognized third party analysis tool, such as “Total Impact” by Impact DataSource, LLC. 5-8 cont’d 22 As Approved at 11/07/19 Council Meeting Fire Lanes. The Police Department shall have primary responsibility for the enforcement of designated fire lanes. At the discretion of the Fire Chief, Fire Department personnel will be trained to participate in the enforcement of parking violations pertaining to fire lanes and fire hydrants. 5-9 Renewal of Agreements. All renewals of agreements the City has with organizations or tenants should be presented to the Council at least sixty (60) days prior to the expiration of the original term. 5-10 Roadside Memorial Marker Program. The purpose of this policy is to establish the guidelines for the placement of standardized roadside memorials for people that have died as a result of a motor vehicle, pedestrian or bicycle crash within City maintained right-of-way on segments of roadway in incorporated Clearwater. 1. The City of Clearwater, Traffic Operations Division, is responsible for the implementation of the Roadside Memorial Marker Program. 2. The policy will apply to fatalities occurring after January 1, 2005. 3. The installation of a roadside memorial marker will be processed in accordance with the following: A. Requests for a memorial marker shall be submitted in writing to the Traffic Operations Division of Engineering by filling out a Memorial Marker Request Form. The form will be available online from the City’s website or by calling the City. Requests may be made by immediate family members or friends. Requests from friends require written approval from the deceased’s immediate family. B. Memorial markers will be designed, constructed and installed by the Clearwater Traffic Operations Division. The Traffic Operations Division will be responsible for designing the sign and ensuring proper and safe placement – the exact location will be at the discretion of the City. C. Memorial markers will not be allowed within the limits of active construction work zones. D. There shall be no activities while the memorial marker is in place that pose a safety hazard to the public or that violates any provision of Chapter 316 of the Florida Statutes concerning stopping, standing, parking, or obstruction of traffic on public roads. E. Memorial Markers will only be installed in residential areas where fatalities occurred with the written permission of the resident whose property is abutting the residential right of way where the memorial is to be placed. F. The requesting citizen will be notified once the installation is complete. G. Memorial markers will be allowed to remain in place for one year after installation unless earlier removal is necessitated by construction activities. After one year the sign will be removed by City forces. H. The memorial marker shall be a 15-inch diameter aluminum sign with a white background and black letters. I. The sign message will state ‘Drive Safely – In memory’ and the family will have the option of adding the deceased’s name to the sign. J. As an option, the City can offer an alternate safety message to the ‘Drive Safely’ legend if desired by the family that would be specific to the type of crash, and as long as it will fit on the sign. Examples could be ‘Don’t Drink and Drive,’ ‘Buckle 5-11 23 As Approved at 11/07/19 Council Meeting Up,’ ‘Slow Down,’ etc. K. The sign will be mounted at a height of 3.5-feet (42-inches) from the ground to the top of the sign. L. The applicant will incur the cost of design, construction, installation, maintenance, and removal of the memorial marker. This cost is $300. Upon request the sign becomes the property of the applicant. 5-11 cont’d Special Event Street Closure Limitation. Street closures for special events shall be limited to two (2) per calendar year requested by any one non-profit or for-profit organization. The City of Clearwater and Council approved Co-Sponsored events shall be exempt from this limitation. The City of Clearwater shall be exempt from this limitation. The City shall comply with any Florida Department of Transportation policies regarding street closures of state roads. 5-12 Stationery. The City shall have letterhead designed by Public Communications on which the City seal will be imprinted. Paper stock will be recyclable. Other forms in supply will be allowed to be used until said supply is depleted. The Vice-Mayor designation will not be identified on any of the shirts, business cards, letterhead, or nametags with the City of Clearwater. Exception: The Gas Division may use its logo. 5-13 Welcome Letters. Upon adoption of an Annexation Ordinance staff will prepare a letter for the Mayor’s signature welcoming the property owner to Clearwater 5-14 24 As Approved at 11/07/19 Council Meeting CITY COUNCIL POLICY LAND DEVELOPMENT Annexation Agreements. The City Manager is authorized to approve routine annexation agreements involving one existing or proposed residences. Where a discrepancy exists regarding land use designations, right-of-way requirements, or any other circumstances, administrative approval is not authorized. A quarterly report of administrative approval is requested. 6-1 Brick Streets. The purpose of this policy is to provide a means by which residents that currently own property on an asphalt street or deteriorated existing brick street can obtain a brick street without unduly burdening the city’s limited street repair funds. The intent of the policy is to define who bears the cost for the brick street surface upgrade. The City is responsible for the maintenance of streets to insure vehicular and pedestrian safety and improve and maintain ride-ability. The typical practice for road resurfacing is an asphalt overlay on an existing asphalt road. The Engineering Department has a budget for the maintenance of such roads. The life span of an asphalt road is approximately 10 - 15 years. The life span of a properly installed brick street is estimated to be 40 - 50 years. Property owners residing within an easily delineated neighborhood within the city may request the City to resurface their street(s) with brick. The petitioning process and the cost sharing principles for such action are described herein. For the purpose of this policy, two categories for street bricking have been identified. The assessment to contiguous property owners will be determined based upon the category that fits the proposed street. The two categories are: 1. Existing Brick Street This category includes all existing brick streets. On many of these streets the condition of the road base underlying the brick surface has deteriorated. Historically, the original brick roads were built upon existing sandy soil that has allowed the brick to shift and settle over time, creating an undesirable road surface. To achieve a satisfactory road surface, the existing bricks must be removed and a proper road base installed. Since some loss of bricks occurs during the removal and reclamation process, there will not be a sufficient quantity of bricks remaining to be immediately replaced in the roadbed. Property owners on these streets may request the City to remove the existing bricks and replace them with new clay street bricks by requesting the City to petition all property owners on the street(s). The clay bricks removed will be reclaimed by the city and stored for future use in other areas of the city. In this case, an assessment will not be levied on the property owners because of the pre-existence of clay bricks. 6-2 25 As Approved at 11/07/19 Council Meeting 2. Existing Asphalt Street Residents may request the City to replace an existing asphalt street with new street bricks by requesting the City to petition all property owners on the street(s). The cost for the bricking project will be calculated and will include the costs of new street bricks, sand, curbs, bedding, leveling material, labor and equipment; less the cost for installation of a two- inch thick asphalt surface. The net cost will be assessed to each property owner based on the linear footage of The net cost will be assessed to each property owner based on the linear footage of property frontage or other basis consistent with Chapter 27 Clearwater Code of Ordinances, Chapter 170 Florida Statutes or other applicable laws. The following procedure will be used by property owners and the City in upgrading existing asphalt streets in a residential or commercial area: A. Property owners may request the City to replace the existing street surface with new clay street bricks by requesting the City to petition all property owners on the street(s). The petition results must show positive interest of property owners owning a majority (51%) of the property frontage on the street (or neighborhood) to be bricked. The City petition process will be conducted so that 100% of the property owners on the proposed street(s) have been informed of the petition and the potential impact it may have on their property. A good faith attempt will be made to notify all property owners of the petition, i.e. registered letter or certified mail. Petitions not returned to the City within 30 days of receipt will be considered as a no vote. The petition will include the following information and statements: (See sample in Appendix A) 1. Identification of the area to include street names and lots or properties within the area. The proposed street must be at least one block long, i.e. intersection to intersection. 2. A statement indicating that the individual signing a petition recognizes that there may be a cost increase borne by them through a special assessment program, if the petition is approved by the City of Clearwater. A preliminary non-binding cost estimate for each property will be included with the petition form. 3. Signatures of individuals or entities owning property within the designated area. Signatures of persons or entities renting or leasing property will not be considered. B. The Engineering Department will review the request to identify issues that may relate to public safety, health and welfare. The Department will either recommend approval with conditions as necessary or reject the request if it is deemed invalid or not suitable due to public health, safety or welfare reasons. C. Implementation of the special assessment will comply with Chapter 27 6-2 cont’d 26 As Approved at 11/07/19 Council Meeting Clearwater Code of Ordinances, Chapter 170, Florida Statutes, or other applicable provisions of law. The City will coordinate the installation of new street bricks and curbing with the imposition and levy of the special assessments. D. Upon approval of the special assessment by the City Council, the Engineering Department will hold a coordination meeting between the appropriate City staff and the property owners in order to establish installation schedules and procedures. It is the responsibility of City staff to prioritize requests when multiple requests for petitions have been submitted. The Engineering staff first will determine when the street is anticipated to be scheduled for resurfacing based on the latest Pavement Condition Survey. Priority will be given to those requests for roads that have the lowest Pavement Condition Index. Additionally, streets with scheduled underground utility projects which would necessitate complete resurfacing would be prioritized based on the scheduled date of the utility project. All street bricking requests will be subject to the availability of interim funding. In the situation where there are more requests than funds available, the proposed requests will be delayed until sufficient funds are available. The following brick types are acceptable for this policy: New Clay Brick Pavers: 8"L x 4"W x 2 3/4" min. H heavy vehicular clay paving brick meeting ASTM C 1272, Type F as manufactured by Pine Hill Brick or equal as determined by the Engineering Department. Color will be determined jointly with city staff and the area property owners from an approved city color palette. Color will be determined jointly with city staff and the area property owners from an approved City color palette. The developer of a new subdivision may elect to install brick streets. However, installation costs in new subdivisions are required to be paid by the developer at the time of installation and will not be assessed to the individual lots. The developer is required to follow City of Clearwater Engineering Standards for brick road installation. 6-2 cont’d 27 As Approved at 11/07/19 Council Meeting APPENDIX A SAMPLE BRICK STREET POLICY PETITION The purpose of this form is to provide a means by which residents may request the City of Clearwater to install an upgraded brick street surface in place of asphalt or replace a deteriorated existing brick street. This form is to be utilized in conjunction with the City of Clearwater’s Brick Street Policy adopted by the City Council. As outlined in the Brick Street Policy, the additional costs of upgrading from an asphalt street to a brick street will be assessed to the property owners with front footage on the proposed street. The net cost, as determined by the City, will be assessed to each property owner based on the Brick Street Policy. Specific costs will be determined prior to City Council adoption of the final assessment roll. There will be no assessment levied in the case of upgrading an existing brick street. Street Name:______________________________________________________ From Cross Street: __________________ To Cross Street:_________________ Total Number of Affected Property Owners (Lots):___________ Contact Name:_______________________________________ Contact Address:_____________________________________ Contact Phone:______________________________________ I understand, by my signature below, that the purpose of this petition is to demonstrate my support of the installation/restoration of brick on the proposed street. I also understand that the cost associated with this upgrade will be borne by myself and other property owners on the proposed street. Furthermore, I also understand that by signing this petition, I am authorizing the City of Clearwater to proceed with the establishment of a preliminary assessment roll and I am in no way obligated to accept this assessment at this time. Attached to this petition is an estimate of the proposed cost for each property impacted. This estimate is preliminary only and may be adjusted up or down based upon actual construction bid results NAME: ___________________________________________ ADDRESS: ________________________________________ PHONE: __________________________________________ SIGNATURE: ______________________________________ Please submit this petition to: City Clerk, City of Clearwater 6-2 cont’d 28 As Approved at 11/07/19 Council Meeting Official Records and Legislative Services Department P.O. Box 4748, Clearwater , FL 33756 Foreclosure. In order to address blighted and vacant properties within the City, the following factors will be considered for utilization of the foreclosure process to put properties in the hands of new owners who will care for and use the property to promote economic development within the City. 1. All properties are considered (commercial, residential, and vacant lots). 2. Properties with mortgages are considered. 3. Properties that are occupied are considered. 4. Properties with significant code or other city liens are considered. 5. Homestead exempted properties will not be considered. Once a property is selected and referred to the City Attorney for review, a demand letter may be sent to the property owner requesting payment of the liens in full prior to initiating a foreclosure action. If contact cannot be made, or payment is not received by the date indicated in the letter, the City Attorney shall seek authorization from the City Council to initiate a foreclosure action against the property. 6-3 Landscaping of City Roads. When landscaping is a necessary and integral part of a City road or street improvement/construction project the landscape material shall be selected and located based on ease and frequency of required maintenance. All such material shall be drought resistant. Per Clearwater Community Development Code Sec. 3-1202, all such material shall be native, or a non-invasive plant naturalized to Central Florida. Plants recommended in the Guide of Southeast Florida Water Management District, Florida Native Plant Society, FloridaYards.org, University of Florida or other entity as approved by the Community Development Coordinator shall be used. 6-4 New Sidewalks. In order for new sidewalks to be installed in an existing neighborhood, a petition is required indicating that greater than 50% of the property owners impacted are in favor. Exceptions include when the City determines that a sidewalk is necessary as part of a heavily used school route, or for sidewalks filling a gap between existing sidewalks involving two or less residences. 6-5 Parks & Recreation Card to Annexing Property. Resident Parks & Recreation cards may be obtained by petitioners for annexation upon acceptance of the application. 6-6 Petitions for Annexation. Request to be made that all contiguous parcels under the same ownership be annexed simultaneously. 6-7 Subdivision Monuments. New entranceway landscaping, monuments, signage, and walls shall not be allowed within the public rights-of-way of the City of Clearwater. Such special treatments are to be upon private property and in accordance with all applicable codes and regulations. The owners of all existing entranceway features occupying public property have the option to execute a Right of Way (ROW) Beautification Revocable License Agreement with the City of Clearwater wherein owners agree to keep all features in good repair, including signs, monuments, landscaping, irrigation systems, flag poles, etc. Upon failure of the owners to execute such agreement, or upon failure of the owners to repair or maintain any feature of the 6-8 29 As Approved at 11/07/19 Council Meeting site which has fallen in disrepair after notice, the Parks and Recreation Department is to remove all such materials with the exception of trees and grass occupying the public right-of-way. A wooden sign with breakaway features approved by the City Engineer may be allowed within the public right-of-way when associated with a city approved “Adopt a (fill in name)” program, and is to be limited to a size necessary to name the sponsoring agency in 3-inch letters. Such sign to be a maximum height of 18-inches. Waiver/Reduction of Liens. In order to encourage (re) development of properties for enhancement of property values and living conditions in the City, the following factors will be considered for requests for waivers/reductions of lot clearing, nuisance abatement, and/or unsafe structures/demolition liens. 1. Whether the violation has been brought into compliance regarding the violation cited. 2. Whether extreme or undue hardship is shown regarding payment of the lien and/or regarding coming into compliance with code requirements during the required time. 3. Whether there are existing code violations on other properties owned by the violator or prospective purchaser. 4. Whether there is a development or redevelopment proposal regarding the property which would result in improvement or upgrade of the property. 5. Whether, given such a development or redevelopment plan, it would be impractical to take the compliance action directed by the City Council. 6. Whether payment would hinder a proposed sale of the property. 7. Whether an appraisal of the property, submitted by the applicant, demonstrates to the City that the cost of the lien has been absorbed. 8. The amount of a lien will not be reduced below the amount representing administrative costs incurred by the city regarding the case. 6-9 30 As Approved at 11/07/19 Council Meeting CITY COUNCIL POLICY LEGAL Case Reports. The city attorney shall furnish to the city council a quarterly report of pending litigation, identifying each case, opposing counsel, the nature of the case, and the status of the case as of the date of the report. In addition, the city attorney shall keep the city council and city manager advised from time to time as to significant developments in each case. 7-1 31 As Approved at 11/07/19 Council Meeting CITY COUNCIL POLICY LEISURE Ages 12 - 13 Supervised Use of City Recreation Fitness Facilities. The following guidelines govern the use of City recreation fitness facilities by users ages 12 and13. 1. This section shall apply to the use of fitness facilities for individuals who have achieved the age of 12 or 13 on the day of, or prior to, the day such individual requests such use. 2. Use of the fitness area by such person is governed by this Council policy and is limited to instances where such person is actively, directly supervised by the individual’s parent, legal guardian or a designated responsible adult, in a one on one setting. Any other use of City recreation facilities by 12 and 13 year olds is strictly prohibited. 3. A parent under this policy is defined as either biological parent or legal guardian. 4. A responsible adult under this policy is defined as a person who has achieved the age of 21 on the day of or prior to the date of the use and is designated by the parent or legal guardian on the “Parental Consent and Waiver/Release of Liability” form. 5. An acceptable level of supervision under this policy is considered to be achieved when the parent, legal guardian or designated responsible adult is not engaged in any other activity (i.e. working out or in conversation with another user) during the performance and attendance of the designated youth participant. 6. This level of supervision is designed to ensure proper focus and attention to achieve safety standards and requirements, including proper technique, appropriate equipment selection and use. Further, the required supervision is designed to protect other users of the facilities. 7. City staff will monitor for compliance of this policy. 8. Both the parent, legal guardian, or designated responsible adult and individual child must have valid access to the fitness facility by paying the appropriate daily fee, or by securing the proper membership that allows use of the area. In addition, the parent or legal guardian must agree to and sign the “Parental Consent and Waiver/Release of Liability” form and identify the responsible adult(s) who may supervise the child. 9. Staff, in its sole discretion, shall retain the right to eject any party not complying with this policy. In addition, failure to adhere to this policy shall result in immediate, permanent termination of the youth participant’s fitness facility use rights. 8-1 32 As Approved at 11/07/19 Council Meeting Amplification of Sound at City Venues. The following guidelines govern the amplification of sound at City co-sponsored and private events held at City venues for musical and entertainment productions. 1. Amplification of sound and in particular music for an event must end at a specific time set by the City Manager or his designee. In general that time will be no later than 10:00 p.m. Sunday through Thursday and no later than 11:00 p.m. on Friday and Saturday, but on certain rare occasions permitted to be held longer. 2. Amplification of sound including music will not exceed an average of 95 decibel or dB level measured at the house mix over a period of 30 seconds. 3. Amplification of sound during the event will be measured by a City employee or City contractor by using a sound-level meter which is an instrument that includes a microphone, amplifier, RMS detector, integrator or time average, output or display meter and the weighting networks used to measure sound pressure levels. 4.3. The City employee or City contractor will measure the sound levels for every group performing at the event. 5.4. In the event a promoter or sponsor violates this policy, the City employee or City contractor will require that the sound levels be adjusted to meet the standard. If after the first warning the volumes are not adjusted to meet the policy, the City employee or City contractor will personally adjust the sound level to bring in compliance. 6.5. If a promoter or sponsor continues to violate this policy, then they will not be allowed to have concerts at City venues. 8-2 Holiday Decorations. Holiday decorations along the rights-of-way to be installed or paid for by the city will be limited to the Downtown Core, Memorial Causeway, South Gulfview to the southern point of Beach Walk, Mandalay south of Acacia and the business district on Sand Key. 8-3 Library Donor Naming Recognition. The following guidelines govern donor recognition with regard to naming buildings, areas, rooms, collections, furnishings and equipment: 1. Library building names will have geographical or functional names only and will not be subject to availability for donor recognition. Clearwater Main Library and North Greenwood Branch meet the policy guidelines, but John Doe Main Library does not. 2. Naming of library internal functional areas, rooms, and major collections is the prerogative of the City Council. 3. Collections of materials, equipment or furnishings, which are accepted as gifts by the Library Director, and/or funded by individuals, corporations or foundations, may be recognized by a discrete engraved plaque mounted on or near the gift as appropriate, with the name of the donor displayed. For example, "the John Doe collection of Illuminated Manuscripts" or "Computer Equipment for Research Provided and Maintained by the John Doe Corporation." 4. All signs and plaques printed with names of donors will be of similar appearance and will be consistent with the architectural design and interior decoration of the building. 8-4 33 As Approved at 11/07/19 Council Meeting Renaming City Parks. The Parks & Recreation Board will not consider any requests to rename existing parks unless requested by motion of the City Council (per Resolution 09-31). The Board will conduct an advertised public hearing for the proposal and formulate a recommendation to the City Council for a final decision. 8-5 CITY OF CLEARWATER CITY COUNCIL POLICIES Adopted 11-7-2019 i As Approved at 11/07/19 Council Meeting CITY COUNCIL POLICY MANUAL Table of Contents POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION 1 – BOARDS 1-1 Ad Hoc Committees 1-2 Advisory Board Appreciation 12/1/16 1-3 Campaign Material During Meetings 1-4 City Representatives on Non-City Boards 12/1/161-5 Input from Advisory Boards 10/6/05 1-6 Input to Other Boards/Committees 12/1/16 1-7 Letterhead 1-8 Non-Board Business Functions - Sunshine Law 1-9 Representative Balance 1-10 Special Requests 2 – BUDGET and FINANCE 2-1 Accounting Procedures 2-2 Auditor Selection Committee 12/1/16 11/7/19 2-3 Balanced Budget 2-4 Budget Review Process 12/1/16 2-5 Budgetary Position Control 12/1/16 2-6 CRA Contribution to General Fund 2-7 Capital Improvement Budget & Capital Improvement Plan 2-8 Central Insurance Reserve Policy 10/6/05 2-9 Clearwater Gas System Gas Supply Hedging Policy 12/2/04 12/1/16 2-10 Debt Management Policy 12/1/16 2-11 Enterprise Funds 2-12 Enterprise Fund Transfer Payment 5/17/172-13 General Fund Unappropriated Retained Earnings 9/14/11 2-14 Interfund Administrative Charge 12/1/16 2-15 Interfund Other Service Charges 2-16 Investment Policy 5/17/18 2-17 Maintenance of Capital Plant and Equipment 2-18 Review of Annual Audit 2-19 Review of Rate Schedules 5/17/17 2-20 Road Millage 2-21 Special Events Fee 5/17/18 ii As Approved at 11/07/19 Council Meeting CITY COUNCIL POLICY MANUAL Table of Contents – Cont’d POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION 3 – CITY COUNCIL 3-1 Annual Events 12/1/16 3-2 Citizen Inquiries - Responses 12/1/16 3-3 Council Travel 12/1/16 3-4 Departing Councilmembers’ Gifts 12/1/16 3-5 Distribution of Council Correspondence 12/1/163-6 Fund Raisers 11/20/14 3-7 Information Available to Public and Press 8/21/03 3-8 Proclamations 12/1/16 3-9 Representation on Boards 12/1/16 3-10 Resolutions 3-11 Staff Projects 12/1/16 3-12 Strategic Direction/Planning 12/1/16 3-13 Televising Council Meetings 4 – CITY EMPLOYEES 4-1 Participating in Auctions 4-2 Reimbursement of Certain Meal Events 5 – GENERAL ADMINISTRATION 5-1 Application Fee Waivers 8/14/18 5-2 Block Party Insurance Requirements 5-3 Bright and Beautiful 12/1/16 5-4 Citizens to be Heard Response 10/6/055-5 City Sponsored Events 6/2/08 12/1/16 5-6 Copyright Fees 5/17/18 5-7 Courtney Campbell Causeway (State Road 60) Welcome Signage Program 11/20/14 12/1/16 5-8 Economic Development Incentive Policy 5/17/17 5-9 Fire Lanes 5/17/17 5-10 Renewal of Agreements 5-11 Roadside Memorial Marker Program 11/20/14 12/1/16 5-12 Special Event Street Closure Limitation 2/16/17 5-13 Stationery 12/1/16 5-14 Welcome Letters iii As Approved at 11/07/19 Council Meeting CITY COUNCIL POLICY MANUAL Table of Contents – Cont’d POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION 6 – LAND DEVELOPMENT 6-1 Annexation Agreements 6-2 Brick Streets 11/7/19 6-3 Foreclosure 3/1/18 6-4 Landscaping of City Roads 12/1/16 6-5 New Sidewalks 5/17/17 6-6 Parks & Recreation Card to Annexing Property 6-7 Petitions for Annexation 6-8 Subdivision Monuments 12/1/16 6-9 Waiver/Reduction of Liens 7 – LEGAL 7-1 Case Reports 8 – LEISURE 8-1 Ages 12-13 Supervised Use of City Recreation Fitness Facilities 12/1/16 8-2 Amplification of Sound at City Venues 10/6/05 8-3 Holiday Decorations 12/1/16 8-4 Library Donor Naming Recognition 8-5 Renaming City Parks 11/7/19 1 As Approved at 11/07/19 Council Meeting CITY COUNCIL POLICY BOARDS Ad Hoc Committees. Members of boards may also serve on Ad Hoc committees or Task Forces. 1-1 Advisory Board Appreciation. Each recipient of an invitation to the Annual Advisory Board Appreciation event may bring one guest. Members should attend at least one meeting prior to being invited to the annual event. 1-2 Campaign Material During Meetings. During City Council and board meetings, board members will not display material supporting or opposing candidates or issues on any election ballot. 1-3 City Representatives on Non-City Boards. Citizens appointed by City Council to be the City’s representatives on non-City Boards will serve no more than three consecutive terms, at the discretion of City Council. The representatives shall keep the Council informed of the activities of the boards. 1-4 Input from Advisory Boards. Staff will assure that input from advisory boards regarding issues coming before the City Council is noted in the City Council’s agenda items. 1-5 Input to Other Boards/Committees. Upon majority approval, a board may advise other boards or agencies regarding its position on issues but may not represent that position as City policy. 1-6 Letterhead. Advisory Board letterhead may be used and staff assists when correspondence is written on behalf of the entire board. Letterhead will not be used by individual members expressing individual opinions and concerns. 1-7 Non-Board Business Functions - Sunshine Law. In order to eliminate the possibility or appearance of violation of the Sunshine Law, all boards and committees appointed by the City Council are requested not to schedule luncheons or other non-board business functions. 1-8 Representative Balance. When making appointments to a board, the City Council will strive to assure the board has a balance of race, gender and geographical area of the City represented. 1-9 Special Requests. Requests for special reports on projects will require Council or City Manager’s approval prior to staff commencing efforts in this regard. 1-10 2 As Approved at 11/07/19 Council Meeting CITY COUNCIL POLICY BUDGET and FINANCE Accounting Procedures. It is a policy of the City Council to establish and maintain a standard of accounting practices on a basis consistent with Generally Accepted Accounting Procedures (GAAP), and the Governmental Accounting Standards Board (GASB), and the standard practices of the Government Finance Officers Association of the United States and Canada (GFOA). The City will also comply with the rules of the Auditor General and the Uniform Accounting System as required by the State of Florida. 2-1 Auditor Selection Committee. It is a policy of the City Council to have an Auditor Selection Committee for the selection of a Certified Public Accounting firm for the annual financial audit, in compliance with Section 218.391, Florida Statutes. The Auditor Selection Committee will be appointed by the City Council and shall be comprised of one council member, who shall act as chair and at least two members to be chosen by City Council, who are not officers or employees of the City. The Auditor Selection Committee may include the City Auditor and the City Finance Director to serve in non-voting advisory capacity only in accordance with the requirements of Section 218.391, Florida Statutes. The Auditor Selection Committee will be responsible to assist City Council in selecting an external auditor to conduct the annual financial audit and serve other audit oversight purposes in accordance with the requirements of Section 218.391, Florida Statutes. The Auditor Selection Committee may also manage the audit process as appropriate. 2-2 Balanced Budget. It is a policy of the City Council to adopt a balanced budget for all funds. The City will avoid budget and accounting practices that balance the budget at the expense of future budgets. The City will also avoid budgeting any unrealized investment gains due to the City’s practice of holding investments until maturity. 2-3 Budget Review Process. It is a policy of the City Council to be provided with a quarterly budget report and an annual operating budget comparing actual versus budgeted revenue and expense activity. 2-4 Budgetary Position Control. It is a policy of the City Council that the total number of permanent full-time and part-time positions (full-time equivalents) approved in the annual operating budget may not be exceeded without prior approval of the City Council. 2-5 CRA Contribution to General Fund. It is the City's policy that services provided for administrative support to the Community Redevelopment Agency (CRA) by City employees shall be reimbursed to the General Fund. Such reimbursement shall be approximate actual costs incurred by the department, together with any associated costs. 2-6 3 As Approved at 11/07/19 Council Meeting Capital Improvement Budget and Capital Improvement Plan. It is a policy of the City Council to adopt a six-year Capital Improvement Plan and Budget which summarizes the project scope, estimated cost estimates by project, method of financing, and anticipated operating costs of each project. 2-7 Central Insurance Reserve Policy. It is a policy of the City Council to maintain a Central Insurance Fund reserve to guard against unforeseen or uninsured costs or increases in property, workers’ compensation, health or liability insurance. The target minimum balance for this reserve is equal to 75% of the actuarially calculated self-insurance reserve liability. If reserves are drawn down below the above target minimum balance, the City will develop a plan to replenish the reserves, generally within five (5) years. 2-8 Clearwater Gas System Supply Hedging Policy: It is a policy of the City Council to limit the financial risk to Clearwater Gas System (CGS) of natural gas purchases by Hedging a portion of its gas supply needs with the intention of reducing price volatility for the residential, commercial, and industrial customers of CGS. Hedging amounts for a specified period of time will NOT exceed the expected average natural gas energy usage over that time period. The City Representative shall issue a Directive to Florida Gas Utility (FGU) in the event that CGS would like FGU to take any action with respect to a Financial Product on its behalf. The General Manager of FGU shall not be authorized to enter into a Financial Product on a system-wide basis for CGS without a Directive from the City Representative. Financial Products shall be purchased or otherwise acquired for the purpose of risk management and, to the extent possible, shall be entered into in such a manner as to meet applicable accounting standards as a “hedge” for accounting purposes; provided that the failure to obtain any particular accounting treatment with respect to a Financial Product shall not form a basis for challenging or otherwise calling into question the legality and enforceability of a Financial Product entered into pursuant to a Directive. CGS shall not engage in any purchase or acquisition of Financial Products for Speculation. In the event if any inconsistency between the terms of this Policy and any existing agreement between FGU and CGS, including, without limitation, the All Requirements Gas Services Agreement, dated as of February 15, 2002 and as amended from time to time, between FGU and CGS and entered into pursuant to Resolution 02-02 the City of Clearwater, Florida, the terms of such agreement shall prevail. In above policy, these terms are defined as: 1. “City Representative” means a representative of the City of Clearwater, Florida, who can authorize a Directive with respect to Financial Products, which term shall include, without limitation, any person designated as a “member representative” or “project participant representative” under an agreement between FGU and the City of Clearwater, Florida. 2. ”Directive” means an instrument, in writing, executed and delivered by a City Representative that gives directions to FGU, or otherwise authorizes actions by FGU, with respect to Financial Products and the related Financial Instruments. 2-9 4 As Approved at 11/07/19 Council Meeting 3. ”Financial Instruments” means one or more agreements entered into with respect to Financial Products by and among the parties thereto, which may include FGU, CGS, or both, or any other third party or counterparty thereto, and such term shall expressly include, without limitation, any assignment or termination agreement related to Financial Products by FGU, CGS, or both. 4. ”Financial Products” means swaps, options, caps, collars, floors, forwards, futures contracts, and any other Hedging transactions, and any combination of the foregoing, whether executed “over-the-counter” pursuant to private agreement of “exchange-traded” on one or more regulated contract markets. 5. ”Hedge” means to minimize or protect against loss by counterbalancing one transaction against another or otherwise mitigating economic risk. The term “Hedging” shall be construed accordingly. 6. ”Speculation” means using Financial Products in a manner not reasonably expected to reduce the risk associated with CGS business activities. 2-9 cont’d Debt Management Policy. This policy is to establish criterion and procedures for the issuance of debt financing by the City. This Debt Policy confirms the commitment of the City Council, management, staff, advisors and other decision makers to adhere to sound financial management practices, including full and timely repayment of all borrowings, and achieving the lowest possible cost of capital within prudent risk parameters. The City shall employ the use of debt to compliment the significant recurring commitments of annual appropriations for capital purposes in a way that is fair, reasonable, and equitable to each generation of taxpayers, ratepayers, users and other beneficiaries. 1. General: A. The City shall seek to maintain their high bond ratings so borrowing costs are minimized and access to credit is preserved. B. The City may utilize debt obligations to refinance current debt or for acquisition, construction or remodeling of capital Improvement projects that cannot be funded from current revenue sources or in such cases wherein it is more equitable to the users of the project to finance the project over its useful life. C. The useful life of the asset or project generally must exceed the payout schedule of any debt the City assumes. D. The City will analyze funding alternatives to minimize the cost impact of debt structures on the taxpayers or ratepayers. E. The outstanding debt will be reexamined periodically to determine whether an economical advantage exits for refinancing the outstanding debt given changes in the interest rate and bond market. As a general rule, the present value savings of a particular refunding should exceed 5% while maintaining a similar maturity schedule to the original debt. 2. Type and Structure of Debt: A. Any legally allowable debt may be used for financing capital improvements; this includes, but is not limited to, short-term and long-term debt, general obligation and revenue debt, fixed and variable rate debt, lease-backed debt, conduit issues, and taxable debt. The use of zero coupon bonds, capital appreciation bonds, deep discount bonds, and premium bonds may be considered. 2-10 5 As Approved at 11/07/19 Council Meeting B. The City may consider the use of credit enhancements (letters of credit, bond insurance, surety bonds, etc) when such credit enhancements proves cost-effective. C. When fiscally advisable and when consistent with contractual obligations, the City shall lease purchase capital equipment. Generally, equipment will have a monetary value $25,000 or more and a minimum life expectancy of three years. The debt service on the lease purchase items shall be paid by the user department. 3. Issuance of Obligations A. Selecting Service Providers: 1. The City may retain an independent financial advisor for advice on debt structuring, the rating review process, marketing debt issuances, sale and post-sale services and to prepare and/or review the official statement. 2. The City may also retain independent bond counsel and disclosure counsel for legal and procedural advice on all debt issuances. 3. As necessary, the City may retain other service advisors, such as trustees, underwriters, and pricing advisors. 4. Any process utilized to select professional service providers in connection with the City’s debt program shall be in conformance with City purchasing policies, procedures and requirements. The objectives of the process will be to: a. Promote competition b. Be as objective as possible c. Incorporate clear and rational selection criteria d. Be independent of political influence e. Be perceived as fair by the respondents f. Result in a cost-effective transaction g. Result in the selection of the most qualified firm h. Eliminate conflict of interest B. Method of Sale 1. Competitive Sale. The City will generally seek to issue its bond obligations in a competitive sale. Other methods may be used if it is determined that such a sale method will not produce the best results for the City. 2. Negotiated Sale. The City may elect to sell its bond obligations through a negotiated sale. This method will usually be considered when the bond issue is refunding a prior issue or there is a unique or unusual component to the bond issue. 3. Private Placement. When determined appropriate, the City may elect to sell its debt obligations through a private placement or limited public offering. C. Maturity of the debt 1. Bonds will generally not have more than a thirty-year duration. 2. Lease Purchase debt will generally not have more than a five-year duration. 4. Post-Issuance Compliance A. In order to comply with federal tax laws and maintain the tax-exempt status of certain municipal debt issues, Post-Issuance Compliance monitoring is required at regular intervals as follows: 2-10 cont’d 6 As Approved at 11/07/19 Council Meeting 1. Identification of debt-financed facilities and ongoing tax requirements - at time of issue, including a review of tax certificate executed at closing 2. Qualified use of bond proceeds – ongoing 3. Qualified use of facilities financed with debt proceeds - ongoing by monitoring discussions at staff meetings 4. Arbitrage yield restriction and rebate – annually as soon as bank statements containing the last day of the bond year are available 5. Maintenance of bona fide debt service fund – recalculate sinking fund deposit requirements semi-annually after each interest payment date 6. Continuing Disclosure documents other than Significant Events and Notices to Bondholders – annually by due dates through EMMA Dataport 7. Significant Events – upon occurrence through EMMA Dataport 8. Notices to Bondholders – upon occurrence of an event requiring notice B. Procedures for Ensuring Timely Compliance 1. The Finance Director (or designee) will review project invoices presented for payment from bond proceeds and authorize payment if use of proceeds is proper. 2. The Finance Director (or designee) will participate in staff meetings where discussions are held regarding use of debt-financed facilities. 3. The Finance Director (or designee) will calendar all bond year-ends and coordinate transmission of bank statements and other arbitrage-related documents with the outside arbitrage consultant within one month of the bond year-end. 4. The Finance Director (or designee) will re-calculate monthly sinking fund deposit requirements semi-annually after each interest payment, and annually after each principal payment. 5. The Finance Director (or designee) will consult with the City’s Disclosure Counsel, as needed, regarding disclosure of Significant Events. C. Procedures Reasonably Expected to Timely Identify Noncompliance 1. The Finance Director (or designee) will review the Continuing Disclosure Checklist for upcoming due dates at the beginning of each calendar quarter. 2. The Finance Director (or designee) will send required continuing disclosure documents to the City’s Disclosure Counsel for review and approval before filing through the EMMA Dataport. 3. Continuing disclosure due dates will be calendared by the Finance Director and by the designee, as a backup reminder. 4. The annual financial statement audit will include review by external auditors of use of debt proceeds, debt service accounts and payments, and review of minutes of official meetings. D. Procedures for Ensuring Timely Correction of Noncompliance 1. When noncompliance has been identified, the Finance Director will promptly provide required documents or consult with Disclosure Counsel, Bond Counsel or other outside specialists as needed. If a possible violation of the tax rules is identified, the Finance Director will consult with counsel to determine if a “remedial action” should be taken under the Treasury Regulations or if a closing agreement request should be submitted to the Internal Revenue Service under the Voluntary Closing Agreement Program. The City Manager and Council will be notified to take additional steps, if necessary, to timely correct 2-10 cont’d 7 As Approved at 11/07/19 Council Meeting the noncompliance. 2. Upon receipt of any correspondence from, or opening of an examination of any type with respect to tax-exempt debt issued for the benefit of the City, the Finance Director will promptly notify the City Manager and consult with outside counsel as necessary to respond to the IRS. E. Recordkeeping Requirement and Records Retention All relevant records and contracts shall be maintained in retrievable paper or electronic format for the term of the debt plus a minimum of three years. The term of the debt shall include the term of all debt which refunds the original new money issue, including debt issued to refund debt in a series of refundings. Records required to be maintained include: 1. Basic records relating to the debt transaction, including the debt transcript of proceedings and other relevant documents delivered to the City in connection with the issuance and closing of the debt transaction. 2. Documents evidencing expenditure of debt proceeds, including but not limited to: a) Construction contracts b) Purchase orders c) Invoices and applications for payment d) Trustee requisitions and payment records e) Documents related to costs reimbursed with debt proceeds, including related issuer resolutions f) Records identifying the assets or portion of assets financed or refinanced with the debt proceeds g) A final schedule of property financed by the debt and final allocation of debt proceeds 3. Documentation evidencing the use of debt-financed property, including records of lease or sale of debt-financed property for public or private purposes, and any change in use of debt-financed property from its original intended purpose. 4. Documentation evidencing all sources of payment or security for the debt. 5. Documentation pertaining to investment of debt proceeds, including but not limited to: a) Purchase and sale of securities b) SLGs subscriptions c) Yield calculations for each class of investments d) Actual income received from the investment of proceeds e) Investment agreements f) Trustee statement g) Arbitrage rebate calculations and reports 2-10 cont’d Enterprise Funds. It is a policy of the City Council that all Enterprise Fund operations shall be self-supporting, and shall pay administrative and other appropriate service charges to General Fund Operations for support at a level determined by the City Council. 2-11 8 As Approved at 11/07/19 Council Meeting Enterprise Fund Transfer Payment. It is a policy of the City Council that the specific enterprise operations designated by the City Council shall annually transfer to the General Fund an amount determined appropriate to be considered reimbursement in lieu of taxes. The current rate is 5.5% of prior year gross revenues. April 1989 policy adopted by councilmembers established this rate at 4.5% of prior-year gross revenues. This proportionate rate was adopted to accommodate growth and replaced prior years' policy of a prescribed dollar contribution. Other than the exceptions noted below, the rate of 4.5% remained in effect until the City Council adopted the amended rate of 5.5% in September 2005. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to replace the Gas Support contribution with a franchise fee from natural gas customer accounts payable to the General Fund. This, in combination with the Gas dividend, offered the General Fund the same level of support as fiscal year 1995/96. The Gas System Dividend will be 50% of the Gas System Net Income less Bond Interest Earnings, but no less than a $1,700,000, plus a PILOT (Payment in Lieu of Taxes) fee of at least $508,720. Such PILOT fee will be paid by the Gas Franchise Fees to offset such PILOT payment. In September 2000, with the adoption of the 2001/02 Annual Operating Budget, the City Council expanded this policy, which had previously been imposed only on the utility enterprises, to include an annual payment in lieu of taxes from the Marine and Airpark Fund. In FY 2009 the Parking Fund began paying the PILOT. 2-12 General Fund Unappropriated Retained Earnings. It is a policy of the City Council to maintain a General Fund reserve equal to 8% of the subsequent year's budgeted expenditures as a contingency fund to meet unanticipated financial needs. Should funds in excess of 8% be available in any fiscal year, these funds shall be identified as available, and may be appropriated by the Council for specific Capital Improvement Projects or other one-time needs. In addition, the City Council will maintain an additional General Fund reserve equal to ½% of the subsequent year’s budgeted expenditures to fund unanticipated retirements of General Fund long-term employees during the given fiscal year. Any appropriations approved by the City Manager during the year, for this purpose, will be noted in the City Manager’s quarterly budget report. 2-13 Interfund Administrative Charge. It is a policy of the City Council that an allocation shall be made annually distributing the costs for administrative support departments among all operating departments. This distribution shall be proportionately based on the operating department's annual budget, and shall not be charged to General Fund departments. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to maintain the same charge for administrative support from the Gas Fund for fiscal year 1995/96 which will be increased annually by estimated the cost of salary increase index (fiscal year 2001/02 - 5%). 2-14 9 As Approved at 11/07/19 Council Meeting Beginning in fiscal year 2001, the City Council approved an adjustment to the Gas Fund charge increasing the charge by $325,000 over the computed amount to bring the Gas Fund more in line with the proportionate amount calculated in the same manner as the Other Enterprise Funds. 2-14 cont’d Interfund Other Service Charges. It is a policy of the City Council that the cost of services provided to Enterprise Fund Departments by General Fund Departments shall be charged to, and paid by the Enterprise Fund. 2-15 Investment Policy. 1. Scope This statement of investment policy and guidelines applies to all investments of the City's pooled cash, which includes cash and investment balances of the following funds: • General • Special Revenue • Debt Service • Capital Projects • Enterprise • Internal Service Funds • Fiduciary Funds The policies set forth do not apply to the non pooled cash investments of the Pension and Deferred Compensation Funds of the City of Clearwater, deposits for defeased debt, or assets under Bond Trust Indenture Agreements. 2. Investment Objectives A. Safety of principal is regarded as the highest priority in the handling of investments for the City. All other investment objectives are secondary to the safety of capital. Each investment transaction shall seek to first ensure that capital losses are avoided. B. The City's investment strategy will provide sufficient liquidity to meet the City's operating, payroll and capital requirements. To accomplish this the portfolio will be "laddered" with monthly maturities except for those months in which significant Ad Valorem taxes are received. To the extent possible, the City will match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow requirement, the City will not directly invest in securities maturing more than 15 years from the date of purchase. Also, unless specifically matched against a debt or obligation not more than 15% of the portfolio will have a maturity greater than 10 years. C. The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. 3. Performance Measurement The benchmark yield for the operating portfolio will be the weighted average yield determined by using the following maturity distribution and the related U.S. Treasury yields. Treasury yields are considered the benchmark for riskless investment transactions and, therefore comprise a minimum standard for the operating portfolio's rate of return. The investment program shall seek to augment returns above this threshold, consistent with risk limitations identified herein. 2-16 10 As Approved at 11/07/19 Council Meeting Average Treasury Rates Percentage Distribution Overnight rate 15% 3 month Treasury Bill rate 15% 6 month Treasury Bill rate 15% 1 year Treasury Bill rate 15% 3 year Treasury Note rate 15% 5 year Treasury Note rate 15% 10 year Treasury Note rate 10% Total 100% Weighted average maturity of benchmark 2.46 years 4. Prudence and Ethical Standards The standard of prudence to be applied by the investment officer shall be the "Prudent Person" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income derived." The "Prudent Person" rule shall be applied in the context of managing the overall portfolio. 5. Authorized Investments The City shall limit investments, as authorized in Florida Statutes to: A. Direct Federal Government obligations. Investments in this category would include but not be limited to the following: United States Treasury Bills, Notes and Bonds, and securities issued by the Small Business Administration, Government National Mortgage Association (Ginnie Mae), Veterans Administration, and Federal Housing Administration. B. Federal Agencies and instrumentalities. Investments in this category would include but not be limited to the following: obligations of the Federal Home Loan Banks System (FHLB) or its distinct banks, Financing Corporation (FICO), the Federal Farm Credit Bank, Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), Student Loan Marketing Association (Sallie Mae), Financial Assistance Corporation and Federal Agriculture Mortgage Corporation (Farmer Mac). C. U.S. Securities and Exchange Council registered money market funds with the highest credit quality rating from a nationally recognized rating agency. D. Interest-bearing time deposits or savings accounts, in a qualified Public Depository as defined in s. 280.02 Florida Statutes. E. Debt issued by the State of Florida or any political subdivision thereof including pools. F. Securities of, or other interests in, any open-end or closed-end management- type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. G. Repurchase Agreements and reverse repurchase agreements collateralized by securities otherwise authorized in this policy. H. The Local Government Surplus Funds Trust Fund or any intergovernmental investing pool authorized pursuant to the Florida Interlocal Cooperation Act as 2-16 cont’d 11 As Approved at 11/07/19 Council Meeting provided in s. 163.01 Florida Statutes. I. Commercial paper of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service. 6. Maturity and Liquidity Requirements A. The City will maintain a forecast of expected cash outflows and inflows by major categories. For months that the outflows exceed inflows the City will have investments maturing that month in excess of the forecasted deficits. B. The City’s intention is to keep the weighted average maturity to three years or less. Due to market conditions and cash needs the average maturity may temporarily be greater than three years but no greater than five years. 7. Portfolio Composition, Risk and Diversification Assets held shall be diversified to control risk of loss resulting from over-concentration of assets in a specific maturity, issuer, instrument, or dealer/broker, through which these instruments are bought and sold. The following maximum limits apply to the portfolio: Maturity date 10% Specific instrument 8% Specific issuer 40% Specific dealer/broker 33% Commercial paper 25% Collateralized Mortgage Obligations and Real Estate Mortgage Investment Conduits 33% Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the Investment Committee. 8. Authorized Investment Institutions and Dealers A. Banks - Certificates of deposit purchased under the authority of this policy will be purchased only from Qualified Public Depositories of the State of Florida as identified by the State Treasurer, in accordance with Chapter 280 of the State Statutes. B. Broker/Dealer Approvals and Limitations - Time, practicality, and general business constraints limit the number of investment relationships which can be managed on a regular basis. In most cases, normal investment activity will be limited to no more than ten dealer relationships. A broker/dealer list will be established by the Finance Director or designee. This list will be presented to the Investment Committee for approval. This list will be updated as needed and approved by the Investment Committee. 9. Third-Party Custodial Agreements All securities shall be held by a third party safekeeping company. All purchases by the City under this policy shall be purchased using the "delivery versus payment" procedure. For all purchases and sales of securities the third party custodial will require the approval of two individuals authorized by the Finance Director. 10. Master Repurchase Agreement All approved institutions and dealers transacting repurchase agreements shall be covered by a Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. 2-16 cont’d 12 As Approved at 11/07/19 Council Meeting 11. Bid Requirements After the Finance Director or designee has determined the appropriate maturity based on cash flow needs and market conditions and has selected one or more optimal type of investment, the security in question shall, when feasible and appropriate, be competitively bid. Competitive bids or offerings shall be received from at least three dealers/brokers on all sales or purchases except in situations where: A. The security involved is a ‘new issue’ and can be purchased ‘at the auction.’ B. The security has a fixed "postal-scale" rate. C. The security involved is available through direct issue or private placement. D. The security involved is of particular special interest to the City and dealer competition could have an adverse impact with respect to the price and availability to the City. It is also realized that in certain very limited cases the City will not be able to get three quotes on a certain security. For those cases the City will obtain current market prices from one of the following to determine if the transaction is in the City's best interest: A. Bloomberg Information Delivery System. B. Wall Street Journal or a comparable nationally recognized financial publication providing daily market pricing. C. Daily market pricing provided by the City's Custody Agent or their corresponding institution. 12. Internal Controls The Finance Director shall establish and monitor internal and procedural controls designed to protect the City's assets and ensure proper accounting and reporting of the transactions related thereto. The internal controls will be designed to prevent losses of funds which might arise from fraud, employee error, misrepresentations by third parties, or imprudent actions by employees of the City. All buy and sell communications with the third party safekeeping company will be signed by two individuals authorized to make investment decisions. The internal controls developed under this policy shall be reviewed by the independent auditors as a regular part of their audit of the City. The Finance Director shall establish an Investment Committee that meets on a regular basis for the purpose of reviewing investment transactions, approving brokers/dealer changes and other investment activities. The Investment Committee members will be the Finance Director, Assistant Finance Director, Accounting Manager and any other City staff members appointed by the Finance Director. 13. Reporting The Finance Director or designee shall report on at least an annual basis the following information on the City's investments: A. Securities by class/type. B. Book Value C. Market Value D. Income Earned 14. Continuing Education The members of the Investment Committee will complete no less than 8 hours of continuing educational opportunities on investment practices each fiscal year. The members of the Investment Committee will have sufficient knowledge and education to invest in any and all of the securities listed above. 2-16 cont’d 13 As Approved at 11/07/19 Council Meeting Maintenance of Capital Plant and Equipment. It is a policy of the City Council that the City’s budget will provide adequate funding for maintenance of capital plant and equipment and the funding for their orderly replacement. 2-17 Review of Annual Audit. It is a policy of the City Council to have a Certified Public Accounting firm perform an annual audit on all of the City’s funds. A work session will be held each year within 60 days of the release of the annual financial audit of the City. At that time, the overall financial condition of the City and its enterprise funds will be reviewed. 2-18 Review of Rate Schedules. It is a policy of the City Council to review rate schedules of the City of Clearwater enterprise funds at a minimum of every 5 years. The purpose of the review will be to assure rates are set in a manner to be fair and equitable while covering the City’s cost to provide the service. Unrestricted utility fund balances (working capital reserves) should be maintained pursuant to the most recent rate review or at a level equivalent to at least six months’ operation and maintenance expense, whichever is greater, and three months for all other enterprise and internal funds 2-19 Road Millage. In order to maintain the City’s sidewalks and streets (including curbs and bridges), a road millage will be designated as a part of the annual budget process. Priorities will be determined first on functional and safety considerations. Road Millage may be used for aesthetic repairs. 2-20 Special Events Fee. The Special Events Committee will review applications for use of City beaches, sidewalks, outdoor recreation open space and rights-of-way. Sponsoring organizations will be responsible for the costs of all City services needed in conjunction with the events unless they are City sponsored or co-sponsored events. The City Council may waive all or a portion of fees and related charges for City sponsored or co-sponsored events, including, but not limited to Jazz Holiday, July 4th, Turkey Trot, and Martin Luther King Parade. There shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item confirming co-sponsorship and waiver of fees for those to be submitted in the budget will be brought for City Council acceptance in March of each calendar year. All items accepted by the Council are then to be included in the appropriate department’s budget. Only after the item is passed as part of the approved budget is the item considered to be funded. In the event additional monies are requested beyond what is included in the approved budget, City Council approval will be needed before said additional funds are appropriated. 2-21 14 As Approved at 11/07/19 Council Meeting CITY COUNCIL POLICY CITY COUNCIL Annual Events. Newly elected Councilmembers and Councilmembers-elect shall be invited to the annual Phillies dinner and advisory board appreciation event. 3-1 Citizen Inquiries - Responses. A. Generally responses should be in the same form as received, i.e. letter with letter. However, when deemed to be more appropriate a different form may be used. B. Inquiries addressed to a specific Councilmember will be responded to by that Councilmember. C. Inquiries addressed to the whole Council, whether in one letter or duplicate letters to all Councilmembers, will be answered factually by the Mayor using language that indicates that he or she is responding for the Clearwater City Council. When needed, responses will be brought to Council for direction, prior to being sent. Mail will be routed to the appropriate staff to draft a response. Individual Councilmembers are not precluded from responding individually to express their opinion. D. Inquiries received which are not specifically addressed to the Council or its members will be answered by the City Manager or designated staff member. E. Inquiries and responses will be distributed, via e-mail, to all Councilmembers F. Form letters or emails may be acknowledged but will not require a customized response. 3-2 Council Travel. Payment for travel expenses shall be in keeping with the charter and the City’s travel code. Specific amounts of the Council’s travel budget shall be allocated to each Councilmember during annual budget preparations. At the end of each fiscal year Councilmembers shall provide a report detailing that year’s travel. Council approval shall be obtained prior to any member exceeding their annual allocation for travel. 3-3 Departing Councilmembers’ Gifts. Departing gifts shall be chosen in consultation with the outgoing members. The value of the gifts shall be a maximum of $300 for one full term, $500 for two full terms and $600 for more than two full terms. One full term. Plaque, nameplate, letter, pewter tray with seal, Council pictures. Two full terms. Plaque, nameplate, letter, City watch, Council pictures. Three or more full terms. Plaque, nameplate, ring, collage or album, tray with seal, letter, gag gift, caricature. 3-4 15 As Approved at 11/07/19 Council Meeting Distribution of Council Correspondence. All correspondence to the Mayor and the Councilmembers arriving at City Hall received pursuant to the law or in connection with the transaction of official business by the City of Clearwater shall be distributed as follows: When needed, e-mails will be forwarded to all Councilmembers by the Council Assistant. Councilmembers will receive the original of hard copy items individually addressed to them, whether anonymous or not. Council e-mails and other correspondence will be available on the City’s website through the electronic document management system. Mail will be delivered to the Council once per week, or as needed. Other anonymous letters and suggestions will not be distributed but will be maintained in the City Manager's Office. Publications and items of considerable length (such as petitions and agenda materials for other boards) will not be distributed. These items, along with other routine correspondence not requiring responses will be noted on a weekly read file and available through the electronic document management system. Unless otherwise directed, correspondence with the words similar to “Personal,” “Confidential,” or “For the Addressee Only” will be delivered unopened to the addressee. If such correspondence is determined to be related to City business, the receiving Councilmember is to forward it to the Council Assistant for distribution. The City Manager will discuss with the Mayor malicious mail. All e-mails received by the Councilmembers in their individual city email account will be forwarded to the Council Assistant for distribution, or email forwarding, in the same manner as other "hard copy" mail. The following emails will not be forwarded: SPAM/JUNK, broadcast general information or solicitation or items pertaining to scheduling. Emails or "hard copy" mail relating to city business, sent directly to a councilmember's home or private business, or hand delivered, shall also be forwarded to the Council Assistant for distribution. 3-5 Fund Raisers. It shall be at the discretion of individual Councilmembers whether or not to accept invitations to fund raising activities. Expenses incurred by acceptance are not reimbursable. City employees will not attend these functions as City representatives. 3-6 Information Available to Public and Press. All material prepared by the City Manager and City Attorney for the Council shall be provided to the press and to the public within a reasonable amount of time. 3-7 Proclamations. The City of Clearwater will consider issuing proclamations from all segments of the community without regard to gender, race, ethnicity or handicap. Proclamations will not be issued to individuals, companies, “for profit” organizations, profit making agencies, political organizations or religious organizations, except for significant anniversary events of 50 years or 100 years. 3-8 16 As Approved at 11/07/19 Council Meeting Representation on Boards. Councilmembers are asked to serve on various regional and governmental boards. Boards/Committees may be added or deleted from time to time. These duties should be distributed equitably among the Councilmembers. Appointment of Councilmembers to these boards shall be evaluated annually in April. Whenever possible, a Council representative on a board or committee will receive Council input prior to taking a position regarding issues coming before that board. The representing Councilmember shall vote in accordance with the stated position of the majority of the Council. If it is not possible to obtain Council input the Councilmember is to act to the best of their ability in the city's interest and with prior Council positions in mind. Periodic review of the actions of these boards and committees is desirable and the representing Councilmember should coordinate these reports. 3-9 Resolutions. An individual Councilmember may request a resolution. However, prior to preparation of the resolution, there must be a majority of the Councilmembers agreeing to do so. 3-10 Staff Projects. A Councilmember shall request staff research or projects only through the City Manager or City Attorney in accordance with the City charter. Any request that, in the determination of the City Manager or City Attorney, will take longer than 8 hours must be approved by a majority of the Council. The results of such research or projects, except for legal advice to an individual, will be shared with all councilmembers. 3-11 Strategic Direction/Planning. Prior to June 1st of each year and prior to the development of the City Manager’s proposed budget, the City Council shall meet in a strategic planning session(s) to review the five-year financial forecast and update as necessary, the City’s Vision, Mission and Strategic Direction (Goals). From these documents a five-year strategic plan will be updated. 3-12 Televising Council Meetings. All regular City Council meetings and work sessions will be televised on C-View. Efforts will be made to also televise specially scheduled meetings and work sessions. However, there will be times when this is not possible, or practical. No closed-door attorney/client or bargaining sessions will be televised. 3-13 17 As Approved at 11/07/19 Council Meeting CITY COUNCIL POLICY CITY EMPLOYEES Participating in Auctions. City employees and Councilmembers are prohibited from participating in City auctions involving the sale of property which has either been abandoned and confiscated, acquired with public funds, or which has otherwise come into the possession of the City. They may attend as spectators but may not bid on or purchase items offered for sale. All actions that would lead to perceptions of participation, such as a family member bidding on items, should be avoided. It is the intent of this policy to avoid giving "insider" information or a profit motive to employees or their families in the disposal of surplus items. 4-1 Reimbursement of Certain Meal Events. The City Manager will determine when it is appropriate to reimburse city employees for meal costs associated with recognition, award and business related functions. 4-2 18 As Approved at 11/07/19 Council Meeting CITY COUNCIL POLICY GENERAL ADMINISTRATION Application Fee Waivers. Generally, building permit, occupational license, plan review and zoning-related application fees will not be waived except for City projects and other governmental agencies. If staff believes special conditions exist, such requests may be brought to the Council for consideration. Application fee waivers for governmental agencies will include all governmental projects including those in which the governmental agency is leasing property from a third party, providing the governmental agency is the entity which applies for and obtains the permit. PACT (Ruth Eckerd Hall) will be considered a governmental entity when considering application fee waivers. NOTE: The City Clerk's research regarding waiver of application fees shows the following: Chi Chi Rodriquez Youth Foundation - no waivers Center Foundation - waive building permit fees Pinellas County - waived building permit fees for work done by County forces; waive fees for variance application State of Florida - waive fees for variance applications Clearwater Ferry - waive building permit fees St. Petersburg College - refunded building permit fee for parking lot Skye Lane Properties, LLC (Heritage Insurance) – waived permit, application, inspection, and other fees via Resolution 14-03 Pinellas Suncoast Transit Authority – waived plan review and permitting fees (council direction on 7/30/18) None of the above includes waiving impact fees. 5-1 Block Party Insurance Requirement. In order to insulate the City from claims resulting from activities held in the public right-of-way in City-permitted block parties, block parties shall be administered using a two-tier approach, which differentiates between smaller scale block parties that do not include amusements or alcohol in the right-of-way (Tier 1 block parties) from those larger-scale parties that include high risk components and activities (i.e., alcohol zones, fire pits, inflatable amusements) (Tier 2 block parties). Prior to the issuance of a block party permit, block parties categorized as Tier 2 shall be required to demonstrate that they have general liability insurance in the amount of $1,000,000 for which the City is listed as additionally insured. 5-2 Bright and Beautiful. In order to maintain and enhance the image of Bright and Beautiful Clearwater, the Council supports staff in enhanced solid waste recycling and conservation projects, tightening and increasing enforcement of codes (i.e. fence landscaping, prohibition of banners, lot clearing, etc.). Staff is also directed to place a greater emphasis on and coordinate aesthetic consideration on site plans and other development review (i.e. placement of dumpsters, fencing of dumpsters, property landscaping and landscaping of parking lots including perimeter plantings). Litter cleanup and "adopt a street or park" programs are encouraged. Educational and incentive programs for both City staff and the public addressing this issue should be developed. 5-3 19 As Approved at 11/07/19 Council Meeting Citizens to be Heard Response. When appropriate, responses will be sent to those addressing the Council under Citizens to be Heard regarding Items not on the Agenda.5-4 City Sponsored Events. Events sponsored by the City, such as Volunteer Recognition, Advisory Board Appreciation, etc., shall be held within the City limits of Clearwater, unless the cost for a venue outside the City limits is at least 20% less. 5-5 Copyright Fees. The City shall pay the necessary copyright fees to ASCAP for those concerts in the bandshell co-sponsored by the City. The City shall provide a monthly report to ASCAP regarding activities in the bandshell and ASCAP shall be responsible for collecting the fees from bands participating in non-City sponsored programs. In addition, the City shall pay the necessary copyright fees to MPLC for showing movies at various recreation centers. 5-6 Courtney Campbell Causeway (State Road 60) Welcome Signage Program. 1. Welcome signs are intended to greet visitors to Clearwater and share accomplishments of national or international significance (awards) or significant historical events that have been a part of the City of Clearwater. 2. Florida Department of Transportation (FDOT) has permitted two welcome signs to be installed by the City on FDOT right-of-way on the north side of Courtney Campbell Parkway (State Road 60): 1) a general welcome to City of Clearwater sign and 2) a sign dedicated to recognizing a special award of national or international significance or a Clearwater historical event. 3. The Parks and Recreation Department is responsible for the coordination of the Courtney Campbell Parkway (State Road 60) Welcome Signage Program. 4. Installation of a welcome sign will be processed in accordance with the following: A. Requests for a welcome sign shall be submitted in writing to the Parks and Recreation Department by filling out a Courtney Campbell Parkway (State Road 60) Welcome Signage Program Application. The form is available online at www.myclearwater.com, or by calling the Parks and Recreation Department. B. The award to be recognized by the welcome sign must be of national or international significance. 1. Accomplishment of national or international significance is an achievement or completion of an award granted to an organization or to the City in recognition of being the best in the entire nation or the best involving two or more countries that promote and enhance the image of Clearwater. 2. Significant Clearwater historical events are defined as events that are unique to Clearwater and add to the overall understanding of the City and its history. C. If approved, a welcome sign may be allowed for a period not to exceed two years. D. Requests for a welcome sign may be made by a group or an individual, however written approval to use the event or award to be recognized must be secured from the governing body being represented. In cases where the request is for a group or organization no longer in existence but historically significant to the City, no approval is necessary. E. Welcome signs, if approved, will be designed, constructed and installed by the Parks and Recreation Department. Requesting group is responsible to reimburse the City for all direct expenses (approximately $1,000 - $2,000). F. The City Council must approve all welcome sign application requests. G. The Courtney Campbell Parkway (State Road 60) Welcome Signage Program is dependent on continued permitted approvals given by FDOT. If for some reason FDOT does not approve permitting the welcome signs, this policy becomes void and any existing signage would be removed. 5-7 20 As Approved at 11/07/19 Council Meeting Economic Development Incentive Policy. Economic Development incentives should be carefully crafted in a transparent manner to ensure that they yield a net benefit to City residents. The following principles should be considered when making determinations: A. The targeted investment would not occur without the incentive; B. The investment should generate new economic activity in the area; C. Each project should be evaluated on a case-by-case basis using the guiding principles articulated in the City’s Economic Development Strategic Plan; D. The Economic Development and Housing Department is the lead department for the development, evaluation, negotiation, measurement and reporting of City-wide economic development incentives. 1. Incentive Types Incentives may be established as Programs or Tools and may provide financial and non-financial inducement to the business, property owner, or developer of a qualifying project: A. Incentive Programs are established by Ordinance or Resolution and require the development of published guidelines and application for submittal by a qualifying project: 1. Qualifying criteria and disclosure of the methods by which the Economic Development and Housing Department will evaluate, negotiate, measure and report information contained within the application must be established within the guidelines. B. Incentive Tools are those activities and resources provided by, or on behalf of, the Economic Development and Housing Department and are not subject to an application process. The use of financial incentive tools are subject to Council approval. C. Financial Incentives must identify the source of funds, as may be permitted by law and may be available from time to time, which may include, but are not necessarily limited to: 1. Ad valorem tax exemption as permitted by statute; 2. The limited waiving, crediting, or payment of fees; 3. Reduced rent on city-owned property; 4. Grant or loan-to-grant agreements; 5. Low-interest loans; 6. Land exchange of comparable appraised value; 7. Financial support of infrastructure improvements; 8. Matching grant funds or in-kind services; 9. Funds for programs or services; 10. Brownfield assessment funds; 11. Public utility tax exemption; 12. Local match of state authorized programs. D. Non-financial incentives may include: 1. Expedited planning review and approval process; 2. Access to Economic Development services; 3. Other city services, as appropriate. 2. Creation or Establishment of Incentive Programs and Tools From time to time, Incentive Programs or Tools may be created or established. Such Programs or Tools must include: A. Statement demonstrating how the proposed incentive relates to the broader economic development strategies including desired development areas identified in the Economic Development Strategic Plan, Adopted Long Range Plans, Consolidated Plan, and others; B. Desired goal of the program or tool; 5-8 21 As Approved at 11/07/19 Council Meeting C. Identification of qualifying criteria which may include, but are not limited to: 1. Minimum number of new full-time city positions created by the business as a result of relocating to or expanding in the city; 2. Minimum average annual wage of the new employees of the business located in the city; 3. Minimum threshold of capital investment in the city; 4. Geographic boundaries in which the Program or Tool may be applied; 5. Sales factor; 6. Industry type including Primary Targeted Industry, if applicable. D. Methods of evaluation: 1. Quantitative Measures: a. Economic, Fiscal and Incentive Impact Analysis; b. Jobs created/retained; c. Average wage of new jobs; d. Capital investment generated; 2. Qualitative measures which identify the achievement of specific community goals. E. Reporting requirements and maintenance of records: 1. Where applicable, economic development incentives approved by Council will be reported as per Council, State and Federal reporting requirements. F. For Financial Incentives: 1. The method of payment for performance and recapture of funds for failure to perform. 3. Funding Sources Funding for economic development incentives may be obtained from the General Fund through the annual budget process or from time to time from any allowable source, including: A. General Fund Reserve; B. Central Insurance Fund; C. Enterprise Fund; D. Federal, State, or County government grants or allocations; E. Other monies set aside, as appropriate. 4. Definitions A. “Project” means company, applicant, developer, property or the combination of some or all which is evaluated for consideration of incentives. B. “Desired Development Area” means certain geographic region(s) of the City of Clearwater where development is preferred. C. “Average Annual Wage” means statistical yearly average wage being paid or proposed wage to be paid by prospective company. D. “Primary Targeted Industry” means the seven (7) industries identified by the City’s Economic Development Strategic Plan (2011) and those identified by Enterprise Florida, Inc. or the Florida Department of Economic Opportunity which may be subject to change from time to time. E. “Capital Investment” means the acquisition of capital assets or fixed assets, such as land, buildings, and equipment. F. “Economic, Fiscal and Incentive Impact Analysis” means the calculation of the worth of a project, business or activity to the community over a period of time using a recognized third party analysis tool, such as “Total Impact” by Impact DataSource, LLC. 5-8 cont’d 22 As Approved at 11/07/19 Council Meeting Fire Lanes. The Police Department shall have primary responsibility for the enforcement of designated fire lanes. At the discretion of the Fire Chief, Fire Department personnel will be trained to participate in the enforcement of parking violations pertaining to fire lanes and fire hydrants. 5-9 Renewal of Agreements. All renewals of agreements the City has with organizations or tenants should be presented to the Council at least sixty (60) days prior to the expiration of the original term. 5-10 Roadside Memorial Marker Program. The purpose of this policy is to establish the guidelines for the placement of standardized roadside memorials for people that have died as a result of a motor vehicle, pedestrian or bicycle crash within City maintained right-of-way on segments of roadway in incorporated Clearwater. 1. The City of Clearwater, Traffic Operations Division, is responsible for the implementation of the Roadside Memorial Marker Program. 2. The policy will apply to fatalities occurring after January 1, 2005. 3. The installation of a roadside memorial marker will be processed in accordance with the following: A. Requests for a memorial marker shall be submitted in writing to the Traffic Operations Division of Engineering by filling out a Memorial Marker Request Form. The form will be available online from the City’s website or by calling the City. Requests may be made by immediate family members or friends. Requests from friends require written approval from the deceased’s immediate family. B. Memorial markers will be designed, constructed and installed by the Clearwater Traffic Operations Division. The Traffic Operations Division will be responsible for designing the sign and ensuring proper and safe placement – the exact location will be at the discretion of the City. C. Memorial markers will not be allowed within the limits of active construction work zones. D. There shall be no activities while the memorial marker is in place that pose a safety hazard to the public or that violates any provision of Chapter 316 of the Florida Statutes concerning stopping, standing, parking, or obstruction of traffic on public roads. E. Memorial Markers will only be installed in residential areas where fatalities occurred with the written permission of the resident whose property is abutting the residential right of way where the memorial is to be placed. F. The requesting citizen will be notified once the installation is complete. G. Memorial markers will be allowed to remain in place for one year after installation unless earlier removal is necessitated by construction activities. After one year the sign will be removed by City forces. H. The memorial marker shall be a 15-inch diameter aluminum sign with a white background and black letters. I. The sign message will state ‘Drive Safely – In memory’ and the family will have the option of adding the deceased’s name to the sign. J. As an option, the City can offer an alternate safety message to the ‘Drive Safely’ legend if desired by the family that would be specific to the type of crash, and as long as it will fit on the sign. Examples could be ‘Don’t Drink and Drive,’ ‘Buckle Up,’ ‘Slow Down,’ etc. 5-11 23 As Approved at 11/07/19 Council Meeting K. The sign will be mounted at a height of 3.5-feet (42-inches) from the ground to the top of the sign. L. The applicant will incur the cost of design, construction, installation, maintenance, and removal of the memorial marker. This cost is $300. Upon request the sign becomes the property of the applicant. 5-11 cont’d Special Event Street Closure Limitation. Street closures for special events shall be limited to two (2) per calendar year requested by any one non-profit or for-profit organization. The City of Clearwater shall be exempt from this limitation. The City shall comply with any Florida Department of Transportation policies regarding street closures of state roads. 5-12 Stationery. The City shall have letterhead designed by Public Communications on which the City seal will be imprinted. Paper stock will be recyclable. Other forms in supply will be allowed to be used until said supply is depleted. The Vice-Mayor designation will not be identified on any of the shirts, business cards, letterhead, or nametags with the City of Clearwater. Exception: The Gas Division may use its logo. 5-13 Welcome Letters. Upon adoption of an Annexation Ordinance staff will prepare a letter for the Mayor’s signature welcoming the property owner to Clearwater 5-14 24 As Approved at 11/07/19 Council Meeting CITY COUNCIL POLICY LAND DEVELOPMENT Annexation Agreements. The City Manager is authorized to approve routine annexation agreements involving one existing or proposed residences. Where a discrepancy exists regarding land use designations, right-of-way requirements, or any other circumstances, administrative approval is not authorized. A quarterly report of administrative approval is requested. 6-1 Brick Streets. The purpose of this policy is to provide a means by which residents that currently own property on an asphalt street or deteriorated existing brick street can obtain a brick street without unduly burdening the city’s limited street repair funds. The intent of the policy is to define who bears the cost for the brick street surface upgrade. The City is responsible for the maintenance of streets to insure vehicular and pedestrian safety and improve and maintain ride-ability. The typical practice for road resurfacing is an asphalt overlay on an existing asphalt road. The Engineering Department has a budget for the maintenance of such roads. The life span of an asphalt road is approximately 10 - 15 years. The life span of a properly installed brick street is estimated to be 40 - 50 years. Property owners residing within an easily delineated neighborhood within the city may request the City to resurface their street(s) with brick. The petitioning process and the cost sharing principles for such action are described herein. For the purpose of this policy, two categories for street bricking have been identified. The assessment to contiguous property owners will be determined based upon the category that fits the proposed street. The two categories are: 1. Existing Brick Street This category includes all existing brick streets. On many of these streets the condition of the road base underlying the brick surface has deteriorated. Historically, the original brick roads were built upon existing sandy soil that has allowed the brick to shift and settle over time, creating an undesirable road surface. To achieve a satisfactory road surface, the existing bricks must be removed and a proper road base installed. Since some loss of bricks occurs during the removal and reclamation process, there will not be a sufficient quantity of bricks remaining to be immediately replaced in the roadbed. Property owners on these streets may request the City to remove the existing bricks and replace them with new clay street bricks by requesting the City to petition all property owners on the street(s). The clay bricks removed will be reclaimed by the city and stored for future use in other areas of the city. In this case, an assessment will not be levied on the property owners because of the pre-existence of clay bricks. 6-2 25 As Approved at 11/07/19 Council Meeting 2. Existing Asphalt Street Residents may request the City to replace an existing asphalt street with new street bricks by requesting the City to petition all property owners on the street(s). The cost for the bricking project will be calculated and will include the costs of new street bricks, sand, curbs, bedding, leveling material, labor and equipment; less the cost for installation of a two inch thick asphalt surface. The net cost will be assessed to each property owner based on the linear footage of property frontage or other basis consistent with Chapter 27 Clearwater Code of Ordinances, Chapter 170 Florida Statutes or other applicable laws. The following procedure will be used by property owners and the City in upgrading existing asphalt streets in a residential or commercial area: A. Property owners may request the City to replace the existing street surface with new clay street bricks by requesting the City to petition all property owners on the street(s). The petition results must show positive interest of property owners owning a majority (51%) of the property frontage on the street (or neighborhood) to be bricked. The City petition process will be conducted so that 100% of the property owners on the proposed street(s) have been informed of the petition and the potential impact it may have on their property. A good faith attempt will be made to notify all property owners of the petition, i.e. registered letter or certified mail. Petitions not returned to the City within 30 days of receipt will be considered as a no vote. The petition will include the following information and statements: (See sample in Appendix A) 1. Identification of the area to include street names and lots or properties within the area. The proposed street must be at least one block long, i.e. intersection to intersection. 2. A statement indicating that the individual signing a petition recognizes that there may be a cost increase borne by them through a special assessment program, if the petition is approved by the City of Clearwater. A preliminary non-binding cost estimate for each property will be included with the petition form. 3. Signatures of individuals or entities owning property within the designated area. Signatures of persons or entities renting or leasing property will not be considered. B. The Engineering Department will review the request to identify issues that may relate to public safety, health and welfare. The Department will either recommend approval with conditions as necessary or reject the request if it is deemed invalid or not suitable due to public health, safety or welfare reasons. C. Implementation of the special assessment will comply with Chapter 27 Clearwater Code of Ordinances, Chapter 170, Florida Statutes, or other 6-2 cont’d 26 As Approved at 11/07/19 Council Meeting applicable provisions of law. The City will coordinate the installation of new street bricks and curbing with the imposition and levy of the special assessments. D. Upon approval of the special assessment by the City Council, the Engineering Department will hold a coordination meeting between the appropriate City staff and the property owners in order to establish installation schedules and procedures. It is the responsibility of City staff to prioritize requests when multiple requests for petitions have been submitted. The Engineering staff first will determine when the street is anticipated to be scheduled for resurfacing based on the latest Pavement Condition Survey. Priority will be given to those requests for roads that have the lowest Pavement Condition Index. Additionally, streets with scheduled underground utility projects which would necessitate complete resurfacing would be prioritized based on the scheduled date of the utility project. All street bricking requests will be subject to the availability of interim funding. In the situation where there are more requests than funds available, the proposed requests will be delayed until sufficient funds are available. The following brick types are acceptable for this policy: New Clay Brick Pavers: 8"L x 4"W x 2 3/4" min. H heavy vehicular clay paving brick meeting ASTM C 1272, Type F as manufactured by Pine Hill Brick or equal as determined by the Engineering Department. Color will be determined jointly with city staff and the area property owners from an approved City color palette. The developer of a new subdivision may elect to install brick streets. However, installation costs in new subdivisions are required to be paid by the developer at the time of installation and will not be assessed to the individual lots. The developer is required to follow City of Clearwater Engineering Standards for brick road installation. 6-2 cont’d 27 As Approved at 11/07/19 Council Meeting APPENDIX A SAMPLE BRICK STREET POLICY PETITION The purpose of this form is to provide a means by which residents may request the City of Clearwater to install an upgraded brick street surface in place of asphalt or replace a deteriorated existing brick street. This form is to be utilized in conjunction with the City of Clearwater’s Brick Street Policy adopted by the City Council. As outlined in the Brick Street Policy, the additional costs of upgrading from an asphalt street to a brick street will be assessed to the property owners with front footage on the proposed street. The net cost, as determined by the City, will be assessed to each property owner based on the Brick Street Policy. Specific costs will be determined prior to City Council adoption of the final assessment roll. There will be no assessment levied in the case of upgrading an existing brick street. Street Name:______________________________________________________ From Cross Street: __________________ To Cross Street:_________________ Total Number of Affected Property Owners (Lots):___________ Contact Name:_______________________________________ Contact Address:_____________________________________ Contact Phone:______________________________________ I understand, by my signature below, that the purpose of this petition is to demonstrate my support of the installation/restoration of brick on the proposed street. I also understand that the cost associated with this upgrade will be borne by myself and other property owners on the proposed street. Furthermore, I also understand that by signing this petition, I am authorizing the City of Clearwater to proceed with the establishment of a preliminary assessment roll and I am in no way obligated to accept this assessment at this time. Attached to this petition is an estimate of the proposed cost for each property impacted. This estimate is preliminary only and may be adjusted up or down based upon actual construction bid results NAME: ___________________________________________ ADDRESS: ________________________________________ PHONE: __________________________________________ SIGNATURE: ______________________________________ Please submit this petition to: City Clerk, City of Clearwater Official Records and Legislative Services Department P.O. Box 4748, Clearwater , FL 33756 6-2 cont’d 28 As Approved at 11/07/19 Council Meeting Foreclosure. In order to address blighted and vacant properties within the City, the following factors will be considered for utilization of the foreclosure process to put properties in the hands of new owners who will care for and use the property to promote economic development within the City. 1. All properties are considered (commercial, residential, and vacant lots). 2. Properties with mortgages are considered. 3. Properties that are occupied are considered. 4. Properties with significant code or other city liens are considered. 5. Homestead exempted properties will not be considered. Once a property is selected and referred to the City Attorney for review, a demand letter may be sent to the property owner requesting payment of the liens in full prior to initiating a foreclosure action. If contact cannot be made, or payment is not received by the date indicated in the letter, the City Attorney shall seek authorization from the City Council to initiate a foreclosure action against the property. 6-3 Landscaping of City Roads. When landscaping is a necessary and integral part of a City road or street improvement/construction project the landscape material shall be selected and located based on ease and frequency of required maintenance. All such material shall be drought resistant. 6-4 New Sidewalks. In order for new sidewalks to be installed in an existing neighborhood, a petition is required indicating that greater than 50% of the property owners impacted are in favor. Exceptions include when the City determines that a sidewalk is necessary as part of a heavily used school route, or for sidewalks filling a gap between existing sidewalks involving two or less residences. 6-5 Parks & Recreation Card to Annexing Property. Resident Parks & Recreation cards may be obtained by petitioners for annexation upon acceptance of the application. 6-6 Petitions for Annexation. Request to be made that all contiguous parcels under the same ownership be annexed simultaneously. 6-7 Subdivision Monuments. New entranceway landscaping, monuments, signage, and walls shall not be allowed within the public rights-of-way of the City of Clearwater. Such special treatments are to be upon private property and in accordance with all applicable codes and regulations. The owners of all existing entranceway features occupying public property have the option to execute a Right of Way (ROW) Beautification Revocable License Agreement with the City of Clearwater wherein owners agree to keep all features in good repair, including signs, monuments, landscaping, irrigation systems, flag poles, etc. Upon failure of the owners to execute such agreement, or upon failure of the owners to repair or maintain any feature of the site which has fallen in disrepair after notice, the Parks and Recreation Department is to remove all such materials with the exception of trees and grass occupying the public right-of-way. A wooden sign with breakaway features approved by the City Engineer may be allowed within the public right-of-way when associated with a city approved “Adopt a (fill in name)” program, and is to be limited to a size necessary to name the sponsoring agency in 3-inch letters. Such sign to be a maximum height of 18-inches. 6-8 29 As Approved at 11/07/19 Council Meeting Waiver/Reduction of Liens. In order to encourage (re) development of properties for enhancement of property values and living conditions in the City, the following factors will be considered for requests for waivers/reductions of lot clearing, nuisance abatement, and/or unsafe structures/demolition liens. 1. Whether the violation has been brought into compliance regarding the violation cited. 2. Whether extreme or undue hardship is shown regarding payment of the lien and/or regarding coming into compliance with code requirements during the required time. 3. Whether there are existing code violations on other properties owned by the violator or prospective purchaser. 4. Whether there is a development or redevelopment proposal regarding the property which would result in improvement or upgrade of the property. 5. Whether, given such a development or redevelopment plan, it would be impractical to take the compliance action directed by the City Council. 6. Whether payment would hinder a proposed sale of the property. 7. Whether an appraisal of the property, submitted by the applicant, demonstrates to the City that the cost of the lien has been absorbed. 8. The amount of a lien will not be reduced below the amount representing administrative costs incurred by the city regarding the case. 6-9 30 As Approved at 11/07/19 Council Meeting CITY COUNCIL POLICY LEGAL Case Reports. The city attorney shall furnish to the city council a quarterly report of pending litigation, identifying each case, opposing counsel, the nature of the case, and the status of the case as of the date of the report. In addition, the city attorney shall keep the city council and city manager advised from time to time as to significant developments in each case. 7-1 31 As Approved at 11/07/19 Council Meeting CITY COUNCIL POLICY LEISURE Ages 12 - 13 Supervised Use of City Recreation Fitness Facilities. The following guidelines govern the use of City recreation fitness facilities by users ages 12 and13. 1. This section shall apply to the use of fitness facilities for individuals who have achieved the age of 12 or 13 on the day of, or prior to, the day such individual requests such use. 2. Use of the fitness area by such person is governed by this Council policy and is limited to instances where such person is actively, directly supervised by the individual’s parent, legal guardian or a designated responsible adult, in a one on one setting. Any other use of City recreation facilities by 12 and 13 year olds is strictly prohibited. 3. A parent under this policy is defined as either biological parent or legal guardian. 4. A responsible adult under this policy is defined as a person who has achieved the age of 21 on the day of or prior to the date of the use and is designated by the parent or legal guardian on the “Parental Consent and Waiver/Release of Liability” form. 5. An acceptable level of supervision under this policy is considered to be achieved when the parent, legal guardian or designated responsible adult is not engaged in any other activity (i.e. working out or in conversation with another user) during the performance and attendance of the designated youth participant. 6. This level of supervision is designed to ensure proper focus and attention to achieve safety standards and requirements, including proper technique, appropriate equipment selection and use. Further, the required supervision is designed to protect other users of the facilities. 7. City staff will monitor for compliance of this policy. 8. Both the parent, legal guardian, or designated responsible adult and individual child must have valid access to the fitness facility by paying the appropriate daily fee, or by securing the proper membership that allows use of the area. In addition, the parent or legal guardian must agree to and sign the “Parental Consent and Waiver/Release of Liability” form and identify the responsible adult(s) who may supervise the child. 9. Staff, in its sole discretion, shall retain the right to eject any party not complying with this policy. In addition, failure to adhere to this policy shall result in immediate, permanent termination of the youth participant’s fitness facility use rights. 8-1 32 As Approved at 11/07/19 Council Meeting Amplification of Sound at City Venues. The following guidelines govern the amplification of sound at City co-sponsored and private events held at City venues for musical and entertainment productions. 1. Amplification of sound and in particular music for an event must end at a specific time set by the City Manager or his designee. In general that time will be no later than 10:00 p.m. Sunday through Thursday and no later than 11:00 p.m. on Friday and Saturday, but on certain rare occasions permitted to be held longer. 2. Amplification of sound including music will not exceed an average of 95 decibel or dB level measured at the house mix over a period of 30 seconds. 3. Amplification of sound during the event will be measured by a City employee or City contractor by using a sound-level meter which is an instrument that includes a microphone, amplifier, RMS detector, integrator or time average, output or display meter and the weighting networks used to measure sound pressure levels. 4. The City employee or City contractor will measure the sound levels for every group performing at the event. 5. In the event a promoter or sponsor violates this policy, the City employee or City contractor will require that the sound levels be adjusted to meet the standard. If after the first warning the volumes are not adjusted to meet the policy, the City employee or City contractor will personally adjust the sound level to bring in compliance. 6. If a promoter or sponsor continues to violate this policy, then they will not be allowed to have concerts at City venues. 8-2 Holiday Decorations. Holiday decorations along the rights-of-way to be installed or paid for by the city will be limited to the Downtown Core, Memorial Causeway, South Gulfview to the southern point of Beach Walk, Mandalay south of Acacia and the business district on Sand Key. 8-3 Library Donor Naming Recognition. The following guidelines govern donor recognition with regard to naming buildings, areas, rooms, collections, furnishings and equipment: 1. Library building names will have geographical or functional names only and will not be subject to availability for donor recognition. Clearwater Main Library and North Greenwood Branch meet the policy guidelines, but John Doe Main Library does not. 2. Naming of library internal functional areas, rooms, and major collections is the prerogative of the City Council. 3. Collections of materials, equipment or furnishings, which are accepted as gifts by the Library Director, and/or funded by individuals, corporations or foundations, may be recognized by a discrete engraved plaque mounted on or near the gift as appropriate, with the name of the donor displayed. For example, "the John Doe collection of Illuminated Manuscripts" or "Computer Equipment for Research Provided and Maintained by the John Doe Corporation." 4. All signs and plaques printed with names of donors will be of similar appearance and will be consistent with the architectural design and interior decoration of the building. 8-4 33 As Approved at 11/07/19 Council Meeting Renaming City Parks. The Parks & Recreation Board will not consider any requests to rename existing parks unless requested by motion of the City Council (per Resolution 09-31). The Board will conduct an advertised public hearing for the proposal and formulate a recommendation to the City Council for a final decision. 8-5 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8117 Agenda Date: 8/17/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-44. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/16/2020 Resolution No. 20-44 RESOLUTION NO. 20-44 CONFIRMATION OF COVID-19 EMERGENCY PROCLAMATIONS – August 20, 2020 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING DECLARATIONS OF A STATE OF EMERGENCY; PROVIDING AN EFFECTIVE DATE. WHEREAS, a state of emergency in the City of Clearwater was proclaimed by Mayor George N. Cretekos, upon recommendation by the Emergency Management Director (City Manager William B. Horne), after certification of emergency conditions by the Emergency Management Coordinator (Fire Division Chief of Emergency Management Jevon Graham), on March 18, 2020 due to the unmitigated spread of coronavirus disease (COVID-19); and WHEREAS, the March 18, 2020 state of emergency was confirmed by City Council in Resolution 20-11 later that day, extended 7 days by Mayor George N. Cretekos on March 25, extended 7 days by Mayor Frank Hibbard on April 1, confirmed by City Council in Resolution 20-14 on April 2, extended 7 days by Mayor Frank Hibbard on April 8 and April 15 and confirmed by City Council in Resolution 20-16 on April 16, extended 7 days by Mayor Frank Hibbard on April 22, April 29, and May 6 and confirmed by City Council in Resolution 20-19 on May 7, extended 7 days by Mayor Frank Hibbard on May 13 and May 20, confirmed by City Council in Resolution 20-22 on May 21, extended 7 days by Mayor Frank Hibbard on May 27 and June 3, confirmed by City Council in Resolution 20-28 on June 4, extended 7 days by Mayor Frank Hibbard on June 10 and June 17, confirmed by City Council in Resolution 20-30 on June 18, extended 7 days by Mayor Frank Hibbard on June 24, July 1, July 8, and July 15, confirmed by City Council in Resolution 20-32 on July 16, and extended 7 days by Mayor Frank Hibbard on July 22, July 29, and August 5, confirmed by City Council in Resolution 20-36 on August 6, and extended 7 days by Mayor Frank Hibbard on August 12 and August 19, 2020; and WHEREAS, COVID-19 is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza, with no available vaccine or cure; and WHEREAS, on January 31, 2020 the United States Department of Health and Human Services declared that a public health emergency exists nationwide as a result of confirmed cases of COVID-19 in the United States; and WHEREAS, on March 1, 2020 Governor Ron DeSantis issued Executive Order 20- 51, declaring that appropriate measures to control the spread of COVID-19 in the State of Florida are necessary, and therefore directed that a Public Health Emergency be declared in the State of Florida; and WHEREAS, on March 9, 2020 Governor Ron DeSantis issued Executive Order 20- 52 declaring a State of Emergency for COVID-19; and Resolution No. 20-44 WHEREAS, the World Health Organization declared COVID-19 a pandemic on March 11, 2020, which is defined as “worldwide spread of a new disease,” and is the first declared pandemic since the H1N1 "swine flu" in 2009; and WHEREAS, on March 13, 2020 President Donald J. Trump declared a national state of emergency; and WHEREAS, on March 16, 2020 President Trump and CDC issued the “15 Days to Slow the Spread” guidance advising individuals to adopt far-reaching social distancing measures. such as working from home and avoiding gatherings of more than 10 people; and WHEREAS, on March 17, 2020 Governor Ron DeSantis issued Executive Order 20- 68 closing bars, pubs and nightclubs for 30 days, recommending that public beachgoers follow CDC guidelines limiting group sizes and social distancing, and ordering that restaurants limit occupancy to 50% of current building capacities and begin employee screening; and WHEREAS, on March 18, 2020 the City of Clearwater passed Resolution 20-11, cancelling most City meetings and groups, prohibiting all in-person gatherings of 10 people or more, closed all beaches, closed all libraries, closed all recreation centers, required businesses open to the public to provide hand sanitizer, gave the Emergency Management Director authority to close parking as necessary, prohibited price gouging, and enabled emergency procurement procedures; and WHEREAS, on March 19, 2020 Pinellas County passed Resolution 20-17, closing all public beaches within the county; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 71, suspending all sales of food and alcohol in the State by establishments for on-site consumption and allowing for take-out or delivery service, and closing all gyms and fitness centers; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 72, prohibiting elective and unnecessary medical procedures; and WHEREAS, on March 24, 2020 Governor Ron DeSantis issued Executive Order 20- 83, recommending an advisory to all persons over 65 and those with underlying serious medical conditions to stay home and limit risk of exposure; and WHEREAS, on March 25, 2020 Pinellas County passed Resolution 20-20, “COVID- 19 Safer at Home Order,” directing individuals to limit non-essential activity and/or transportation, closing places of public assembly, and ordering the closure of non-essential businesses if they can not comply with current CDC social distancing guidelines; and Resolution No. 20-44 WHEREAS, on March 27, 2020 Governor Ron DeSantis issued Executive Order 20- 86, retroactively ordering any person entering the State of Florida from “an area with substantial community spread” to self-quarantine for 14 days and inform anyone they have had direct physical contact with of their status; and WHEREAS, on April 1, 2020 Governor Ron DeSantis issued Executive Orders 20- 91 and 20-92, ordering all persons in Florida to limit their movements and personal interactions outside of their homes to only those necessary to obtain or provide essential services or conduct essential activities; and WHEREAS, on April 16, 2020 the City Council extended for 30 days and modified those emergency measures enacted by Resolution 20-11; and WHEREAS, on April 28, 2020 Pinellas County passed Resolution 20-34, “Order Relaxing Beach Restrictions With Conditions,” allowing public beaches to reopen consistent with CDC social distancing guidelines effective May 4, 2020; and WHEREAS, on April 29, 2020 Governor Ron DeSantis issued Executive Order 20- 112, ordering all persons in Florida to continue to limit their movements and personal interactions outside of their homes, and allowing restaurants to resume on-premises service with restrictions; and WHEREAS, on May 1, 2020 Pinellas County passed Resolution 20-39 “Order Clarifying Local Restrictions,” which gives support to Governor DeSantis’ EO 20-112, terminates Pinellas County Res. 20-20 and 20-23, but continues to restrict public playgrounds and pools, and requires social distancing; and WHEREAS, on May 1, 2020 City of Clearwater Emergency Management Director William B. Horne announced that Clearwater beaches would reopen May 4 in conjunction with Pinellas County’s Res. 20-34; and WHEREAS, on May 14, 2020 Governor Ron DeSantis issued Executive Order 20- 123, initiating the full Phase 1 of his “Safe. Smart. Step-by-Step. Plan for Florida’s Recovery” relaxing social distancing requirements and allowed limited reopening of businesses, including gyms and fitness centers; and WHEREAS, on May 21, 2020 the City Council adopted Resolution 20-22 terminating the emergency measures portions of Resolutions 20-11, 20-16, and 20-19, and granting the Emergency Management Director authority and flexibility to manage City facilities in response to Covid-19; and WHEREAS, on June 3, 2020 Governor Ron DeSantis issued Executive Order 20- 139, initiating Phase 2 of his “Safe. Smart. Step-by-Step. Plan for Florida’s Recovery” which further relaxes social distancing guidelines, including avoiding congregating in groups larger than 50 persons, allows for restaurants, bars, and entertainment businesses to operate at 50% indoor capacity; and Resolution No. 20-44 WHEREAS, on June 23, 2020 Pinellas County passed Ordinance 20-14 mandating, with some exceptions, that individuals wear a face covering in public indoor places, and encouraged exempt government entities to enact their own similar procedures to protect employees and members of the public; and WHEREAS, on June 25, 2020 City of Clearwater Emergency Management Director William B. Horne ordered that all persons, with some exceptions, wear a face covering in public indoor places within City of Clearwater buildings, facilities, and properties in conjunction with Pinellas County’s Ord. 20-14; and WHEREAS, on June 26, 2020 the Florida Department of Business and Professional Regulation issued Executive Order 2020-09 suspending on-premises consumption of alcoholic beverages by vendors who derive more than 50% of gross revenue from sales of alcoholic beverages; and WHEREAS, on July 16, 2020 the City Council adopted Resolution 20-32 confirming extensions of the state of emergency and confirming the Emergency Management Director’s face covering order; and WHEREAS, on July 29, 2020 Governor Ron DeSantis issued Executive Order 20- 179 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum, and Executive Order 20-180 extending prior executive orders suspending mortgage foreclosure and eviction final actions; and WHEREAS, as of August 20, 2020 497,181 Florida residents (502,739 total cases in Florida including non-residents), including 31,197 in Hillsborough County (including 377 deaths), 8,938 in Manatee County (including 188 deaths), 6,708 in Pasco County (including 104 deaths), and 17,202 in Pinellas County (including 467 deaths) have tested positive for COVID-19; and WHEREAS, the City of Clearwater continues to be threatened by COVID-19 because of the apparent ability of the virus to spread rapidly among humans, and COVID- 19 thereby constitutes a clear and present threat to the health, safety, and welfare of the citizens and visitors of the City of Clearwater, and WHEREAS, Section 252.38, Florida Statutes authorizes the establishment and amendment of emergency measures during a state of emergency; and WHEREAS, Chapter 15, Code of Ordinances requires City Council to confirm any declaration of a state of emergency and all emergency regulations activated under the provisions of this chapter at their next regularly scheduled meeting; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Resolution No. 20-44 Section 1. The August 12, 2020 state of emergency proclamation is hereby confirmed. Section 2. The August 19, 2020 state of emergency proclamation is hereby confirmed. Section 3. This resolution shall take effect immediately. The state of emergency must be renewed in seven-day increments pursuant to § 15.07(5), Code of Ordinances. PASSED AND ADOPTED this 20th day of August, 2020. Attest: ___________________________ _______________________________ Rosemarie Call Frank Hibbard City Clerk Mayor Approved as to form: ___________________________ Pamela K. Akin City Attorney Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8129 Agenda Date: 8/17/2020 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 12.1 SUBJECT/RECOMMENDATION: Imagine Clearwater Update SUMMARY: Page 1 City of Clearwater Printed on 8/16/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8119 Agenda Date: 8/17/2020 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 14.1 SUBJECT/RECOMMENDATION: Environmentally Friendly/Educational Design of Coachman Park - Councilmember Beckman SUMMARY: Page 1 City of Clearwater Printed on 8/16/2020 Coachman Park Environmentally Friendly Showcase Park Just think about it… Lots of Possibilities Here Easy to access by multiple forms of transportation •Walking (multiple benches along the way) •Biking (bike share program) •Trolley •Ferry •Uber/Lyft (special lane to encourage fewer cars/parking needs) •Bus -public transportation -Easy load/unload areas •Automobile This is one of the nation’s most environmentally friendly parks -in Kenosha, WI Teaching about our region with names -displays of plants/animals Include multiple full- spectrum recycling centers. Solar Powered Drinking Fountain Solar Flower Charging Station This flower moves with the position of the sun! Sculptures made from ocean trash Imagine including teaching plaques to educate visitors about the amount and impact of trash in our community and water. Something like this might look great in the library. It could be a good way to tie the library and the park together. Xeriscape Landscaping - minimizes water use •Native gardens with educational signage •Pollinator patches •Rain gardens •Integrated pest management •Turf grass species that require little to no fertilizer and irrigation •Use reclaimed water •Rain barrels Planning for resiliency in the park’s ability to cope with flooding or infrastructure to prevent flooding should be prioritized. Green infrastructure methods, such as a living shore installation, should be considered for the south- eastern portion of the park. •Solar will ALWAYS provide a ROI - •There are substantial cost savings by utilizing xeriscaping and reducing water consumption. •Savings are realized by choosing native plants/landscaping -fewer (if any) costly/harmful herbicides, fertilizers, pesticides •By establishing an “Environmentally Educational -Showcase Park” Clearwater will distinguish itself from all other parks -making it a “Destination Park.” •Benefit of tying in with “theme” in renovated library •Studies show that travelers are choosing destinations based on their environmental policies -this is an investment in our tourism economy. •This can be a park that is a model of sustainable, environmentally focused, intentional choices. •If we make sustainable choices, forward thinking, we can be proud leaders in Environmental Stewardship. •People will come to the park to learn as well as enjoy the many amenities it offers. •All of the possibilities presented align with Greenprint. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8088 Agenda Date: 8/17/2020 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 18.1 SUBJECT/RECOMMENDATION: General Federation of Women's Club Day Proclamation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/16/2020