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03/01/2021Monday, March 1, 2021 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 March 1, 2021Council Work Session Work Session Agenda 1. Call to Order 2. Presentations 3. Economic Development and Housing Declare surplus for the purpose of sale, through Invitation to Bid 23-21, real property located at 2150 Range Road whereby the successful bid: 1) exceeds $580,000; 2) requires the property to generate ad valorem tax revenue; alternatively, an otherwise tax exempt purchaser shall enter into a payment in lieu of taxes (PILOT) agreement for all city portions of real property taxes, tangible property taxes, utility taxes and any other applicable taxes; and 3) requires the property owner to increase the site’s property value through capital investment which must commence within one year of purchase. (APH) 3.1 Approve the post-closeout Brownfield Revolving Loan Fund Sub-Grant Program Application and Application Approval Sheet in substantially the form as presented in Appendices A and B of RLF Final Expenditures and Closeout Plan for EPA Cooperative Agreement No. BF-98487299; and delegate authority to Director of Economic Development and Housing Department to award sub-grants. (consent) 3.2 4. Police Department Approve Amendment No. 1 to Letter of Agreement and Contract with University of North Florida Training and Services Institute, Inc., d/b/a Institute of Police Technology and Management (IPTM) High Visibility Enforcement (HVE) for Pedestrian and Bicycle Safety Grant Award to accept an additional grant award of $30,000 for police overtime and authorize the appropriate officials to execute same. (consent) 4.1 5. Engineering Approve a State Highway Lighting, Maintenance, and Compensation Agreement with the Florida Department of Transportation (FDOT) for maintenance of lighting on state roads and authorize the appropriate officials to execute same. (consent) 5.1 Accept a Sovereignty Submerged Lands Easement from the Florida Department of Environmental Protection, Bureau of Public Lands across Clearwater Harbor and the Intracoastal Waterway for the maintenance of a subaqueous potable water main and force main as part of Memorial Causeway Subaqueous Pipelines Project and authorize the appropriate officials to execute same. (consent) 5.2 Page 2 City of Clearwater Printed on 2/26/2021 March 1, 2021Council Work Session Work Session Agenda Accept a boardwalk easement from NESC, LLC for the purpose of maintenance and general public use of a public boardwalk on real property located at 443 East Shore Drive and adopt Resolution 21-08. 5.3 6. Finance Approve revised Fiduciary Investment Committee Charter for the City’s defined contribution retirement plans. (consent) 6.1 7. Public Utilities Authorize an annual increase to contract no. 900634 to T. Wayne Hill Trucking, Inc of Bartow, FL, for biosolids disposal services in an annual amount of $380,000 for a new not to exceed total of $970,000 for the remainder of this term with one renewal option and authorize the appropriate officials to execute same. (consent) 7.1 Authorize the award of Invitation to Bid 12-21, Reverse Osmosis (RO) Plant Cartridge Filters, to Harrington Industrial Plastics LLC, of Tampa FL and Harn R/O Systems, Inc, of Venice FL for a cumulative annual not-to-exceed amount of $200,000.00 with the option for two one-year renewals at the City’s discretion and authorize the appropriate officials to execute same. (consent) 7.2 8. Human Resources Approve a contract with Baker Tilly US, LLP, in the amount of $26,500, for executive recruitment services for the position of City Manager and authorize the appropriate officials to execute same. 8.1 9. Official Records and Legislative Services Appoint three members to the Library Board with terms to expire February 28, 2025. 9.1 Appoint one member to the Community Development Board to fill an unexpired term through February 28, 2023. 9.2 Reappoint John Quattrocki to the Community Development Board with a term to expire February 28, 2025. 9.3 10. Legal Approve the contraction of the Clearwater Cay Community Development District and pass Ordinance 9437-21 on first reading. 10.1 Confirm COVID-19 Emergency Proclamation and adopt Resolution 21-11.10.2 Page 3 City of Clearwater Printed on 2/26/2021 March 1, 2021Council Work Session Work Session Agenda Adopt Ordinance 9436-21 on second reading, correcting Ordinance 9431-20, correcting a scrivener’s error in the quarter section call of the legal description in the title block only. 10.3 11. City Manager Verbal Reports 12. City Attorney Verbal Reports 13. Council Discussion Item PSTA/Forward Pinellas Update - Vice Mayor Allbritton13.1 14. 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). 15. Closing Comments by Mayor 16. Adjourn 17. Presentation(s) for Council Meeting Sister Cities Advisory Board 2020 Annual Report - Board Chair Michael Ballard 17.1 Boys & Girls Club Week - Mr. Freddy Williams, CEO of the Boys and Girls Club of the Suncoast 17.2 Construction at Clearwater High School - Keith Mastorides, CHS Principal and Dr. Michael Grego, Superintendent of Pinellas County Schools 17.3 Page 4 City of Clearwater Printed on 2/26/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8867 Agenda Date: 3/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Declare surplus for the purpose of sale, through Invitation to Bid 23-21, real property located at 2150 Range Road whereby the successful bid: 1) exceeds $580,000; 2) requires the property to generate ad valorem tax revenue; alternatively, an otherwise tax exempt purchaser shall enter into a payment in lieu of taxes (PILOT) agreement for all city portions of real property taxes, tangible property taxes, utility taxes and any other applicable taxes; and 3) requires the property owner to increase the site’s property value through capital investment which must commence within one year of purchase. (APH) SUMMARY: The 1.547-acre (Pinellas County Property I.D. # 12-29-15-70182-100-1501) site is a former state vehicle inspection facility with five drive-thru bays containing 6,150 SF of warehouse space with 1,725 SF of office space. The City acquired the facility in August 2003 for $635,000 for use by City of Clearwater Fire Department as a maintenance and repair facility. Facility is currently being used for storage which is not economically proportionate to its value. The sale to an employment-based private business will provide greater economic benefit to City, and the employment retained and/or newly created by an appropriate user will provide employment benefit to city residents. Per City Charter 2.01, real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with the Council’s stated purpose for declaring the property surplus. Accordingly, all qualifying bids must meet the following terms: ·Bid price shall exceed $580,000; ·Property must generate ad valorem tax revenue; ·Alternatively, an otherwise tax-exempt purchaser shall enter into a payment in lieu of taxes (PILOT) agreement for all city portions of real property taxes, tangible property taxes, utility taxes and any other applicable taxes; and ·Property owner shall increase the site’s property value through capital investment which must commence within 1 year of purchase. An appraisal was performed on the property by James Millspaugh and Associates, Inc. The appraised value was $580,000 with a valuation date of November 13, 2020. Proceeds from sale will be deposited into the General Fund revenue code 010-00000-364220 (Surplus Land Sales). APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 2/26/2021 File Number: ID#21-8867 N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 2/26/2021 RANGE RD N BELCHER RD RANGE AVE 21201575 1490 212522061498 1500 21151501 21311211 22102140213321212150AERIAL MAP Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Surplus Property2150 Range Rd.Parcel Number: 12-29-15-70182-100-1501 Page 1 of 1Aerial Flown 2019 Date:8/21/2020KNMap Gen By: Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\2150RangeRd-DeclareSurplus.mxd RBReviewed By:12-29s-15eS-T-R:271BGrid #: ² N.T.S.Scale: 100'415.8'268.7' 157'187.2'151.3' Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8877 Agenda Date: 3/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Approve the post-closeout Brownfield Revolving Loan Fund Sub-Grant Program Application and Application Approval Sheet in substantially the form as presented in Appendices A and B of RLF Final Expenditures and Closeout Plan for EPA Cooperative Agreement No. BF-98487299; and delegate authority to Director of Economic Development and Housing Department to award sub-grants. (consent) SUMMARY: To support redevelopment initiatives and provide direct economic benefit to the city’s sensitive populations and areas suffering from environmental justice issues, the city will utilize sub-grants to eligible non-profit, quasi-governmental, units of local government, community redevelopment agencies (CRAs), and qualified community development entities utilizing Restricted Program Income received/to be received from repayment of loans made from EPA Brownfield Pilot Grant BF-98487299. Under the program, use of funds will be limited to brownfield activities including: Phase I and II Environmental Site Assessments; planning activities for the assessment, cleanup and re-use of brownfield sites; cleanup/remediation activities of eligible properties; entering a property into the State Brownfields program; outreach and distribution of materials and programmatic costs to manage and oversee the work being performed; and programmatic support including required EPA reporting, ACREs database maintenance, meeting preparation and attendance, and final closeout documentation. In consideration of sub-grant awards, an Application (Appendix A) will require the following elements: ·Details about the Applicant including contact information, organization type, and management of the applicant. ·The property for which the grant monies are to be spent. ·The type and nature of environmental problems that exist or the type of investigation which is to be completed with the grant. ·Description of the improvements to be done on the property or a project description plus: §Number jobs and/or businesses to be created, §If housing the percentage of affordable housing units to be created, and §Economic impact. ·Type of funding requested such as Phase I assessment, Phase 2 investigation, cleanup and/or remediation. ·Project schedule. An Application Approval Sheet (Appendix B) will used by city staff for evaluation of Phase I and II Assessments and by city staff and the Brownfield Advisory Board to evaluate appropriateness Page 1 City of Clearwater Printed on 2/26/2021 File Number: ID#21-8877 of remediation requests and to determine sub-grant award. Checklist elements include: ·Confirmation of conformance with the program requirements. ·Documentation of eligibility ·Evaluation of intended outcomes and benefits to city and community Director of Economic Development and Housing Department will have the authority to award sub-grants to approved applicants by written agreement up to $50,000. Sub-grants over $50,000 and up to $100,000 will require approval of the City Manager, and Sub-grants over $100,000 will require approval of City Council. Background In accordance with the Closeout Agreement, dated April 18, 2012, between the U.S. Environmental Protection Agency (EPA) and the City of Clearwater, the city submitted, and the EPA approved, the RLF Final Expenditures & Closeout Plan for EPA Cooperative Agreement No. BL-98487299. The City currently has $470,911 available in Restricted Program Income from the repayment of a loan for the cleanup of the site formerly known as Clearwater Automotive Property. Upon CRA Board and Council approval, the outstanding CRA loan for $325,440 will be repaid less 30% discount for a total repayment of $227,808, upon sale of the property or within five (5) years of receipt of Site Rehabilitation Cleanup Order, or at the discretion of the CRA, whichever comes first. Total funds for this Program will be $698,719. APPROPRIATION CODE AND AMOUNT: Funds area available in special program 181-99802, Brownfield Revolving Loan. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 2/26/2021 RLF Final Expenditures & Closeout Plan City of Clearwater, FL EPA Cooperative Agreement No. BF-98487299 February 18, 2021 Prepared for: United States Environmental Protection Agency Atlanta, Georgia Prepared by: City of Clearwater, FL - Grantee Terracon Consultants, Inc. - Environmental Consultant Submitted to: EPA Brownfields Project Officer Derek Street (404) 562-8574 Street.Derek@epa.gov RLF Final Expenditures & Closeout Plan ■ Clearwater, Florida February 18, 2021 ■ US EPA Cooperative Agreement No. BF-98487299 2 TABLE OF CONTENTS 1.0 Project Overview ..................................................................................................... 3 1.1 Project Description ........................................................................................ 3 2.0 Clearwater Brownfield Program ............................................................................. 3 2.1 Past EPA Grant Accomplishments ............................................................... 3 2.2 EPA Brownfields RLF .................................................................................... 4 2.2.1 Former Clearwater Automotive Property ................................................. 4 2.2.2 Former CarPro Property .......................................................................... 4 2.3 Project Team & Responsibilities................................................................... 4 3.0 Clearwater Brownfield Closeout Plan .................................................................... 5 3.1 Project Funding Criteria ................................................................................ 5 3.2 EPA Requirements ........................................................................................ 6 3.3 Budget ............................................................................................................ 7 3.4 Outreach ......................................................................................................... 8 3.5 Assessment .................................................................................................... 9 3.5.1 Phase I Environmental Site Assessment ............................................... 9 3.5.2 Phase II Environmental Site Assessment & Supplemental Assessment 9 3.6 Reuse/Remediation Planning ........................................................................ 9 3.7 Community Involvement Plan for Cleanup Projects .................................. 10 3.8 Cleanup Activities ........................................................................................ 10 3.9 Sub-grant Project Completion ..................................................................... 11 3.9.1 Measuring Results .............................................................................. 11 3.9.2 ACRES ................................................................................................ 11 4.0 RLF Program Closeout Completion ..................................................................... 12 Appendix A: City of Clearwater Brownfield Revolving Loan Fund Sub-Grant Program Application Appendix B: City of Clearwater Brownfield Revolving Loan Fund Sub-Grant Program Application Approval Sheet RLF Final Expenditures & Closeout Plan ■ Clearwater, Florida February 18, 2021 ■ US EPA Cooperative Agreement No. BF-98487299 3 1.0 PROJECT OVERVIEW 1.1 Project Description The City of Clearwater (population 114,015) is located along Florida’s Gulf Coast. Although Clearwater has been a vacation destination for generations due to its climate and beautiful views, the city has an agricultural and industrial past. In the 1930s, Clearwater was the “chief shipping point” for Pinellas County, which resulted in lasting impacts to the subsurface. Unfortunately, by the 1960s many businesses had left the downtown area to relocate to the newly growing commercial centers along US Highway 19 North. As businesses moved out, so did residential development, causing many to relocate. This mass exodus from the downtown area left vacant properties in its wake in need of assessment, remediation and redevelopment. With the blight throughout the city limits, City leaders knew they had to be proactive in creating a Brownfield Program that would eliminate the environmental concerns and boost the local economy through thoughtful economic development practices. The City of Clearwater has a long tenure in the EPA Brownfields Program as shown by their many EPA Brownfield grant awards from 1996–2009 leading to a multitude of successful redevelopment projects that supported local economic development. Their EPA Brownfield (RLF) Pilot Grant was one of the first to provide sub-grants and loans for assessment and cleanup activities throughout the city limits. With the Program Income funds from the RLF Program, the City intends to create a sub-grant award process for the assessment and remediation of brownfield properties throughout the city limits to further redevelopment initiatives by providing a direct economic benefit to the City’s sensitive populations suffering from environmental justice issues. 2.0 CLEARWATER BROWNFIELD PROGRAM 2.1 Past EPA Grant Accomplishments The City of Clearwater has a long standing and successful Brownfield Program. Since their first award in 1996, the City has been awarded seven EPA Brownfield grants (1996–2009) resulting in 73 assessments and 17 cleanups. The 2003 $400,000 Assessment Grant resulting in 10 Phase II Environmental Site Assessments (ESA) and 4 Supplemental Assessments created over $2.4 million in leveraged funding and 4 acres ready for reuse. The 2007 $400,000 Assessment Grant resulting in 6 Phase I ESAs, 2 Phase II ESAs, and 2 Supplemental Assessments created nearly $290,000 in leveraged funds and 44 acres ready for reuse. The 2009 $400,000 Assessment Grant resulting in 3 Phase I ESAs, 2 Phase II ESAs, and 1 Supplemental Assessment created over $283,000 in leveraged funding and 40 acres ready for reuse. RLF Final Expenditures & Closeout Plan ■ Clearwater, Florida February 18, 2021 ■ US EPA Cooperative Agreement No. BF-98487299 4 2.2 EPA Brownfields RLF Through the EPA Brownfield RLF Pilot grant, the City loaned funds to cleanup two (2) properties that had been identified as viable candidates using the RLF. The identified properties received eligibility approval by EPA for cleanup activities. 2.2.1 Former Clearwater Automotive Property The Clearwater Automotive property, located at 205 South Martin Luther King Junior Avenue, past land uses of an auto salvage yard, a foundry and a dry-cleaning facility caused significant environmental issues. The City completed a Phase I ESA in 2004 followed by a combined Phase II ESA and Brownfields Site Assessment Report in 2005, which found polyaromatic hydrocarbon (PAH) and heavy metal impacts in shallow soils but no impacts to groundwater were identified. To complete additional soil assessment, the City demolished the remaining buildings on the property in 2006. Additional sampling was completed during the months of September 2006 through January 2007. Some of the impacted soils were excavated in 2007 but due to insufficient funding, areas of impacted soil were left onsite. Additional assessment revealed offsite impacts in 2007. On July 1, 2009, the City received Site Rehabilitation Completion Order (SRCO) from the Florida Department of Environmental Protection which deemed the site cleanup activities complete. EPA Brownfield Assessment funding spent at the site from 2003-2009 totaled $367,622. EPA Cleanup funding spent at the site totaled $648,827. The site has been deemed ready for anticipated reuse. 2.2.2 Former CarPro Property The former CarPro property, located at 1359 Cleveland Street, had a historical land use of car repair, detailing shop and an automotive repair shop which resulted in environmental contaminates including petroleum, volatile organic compounds, heavy metals, and PAHs in the groundwater. EPA Brownfield Assessment funding allocated to the site totaled $250,425 for a Phase II and cleanup planning took place between 2005-2012. Cleanup of the property was initiated in 2011 which required $325,440 of RLF funds for the project. The CarPro site remediation activities remain underway. 2.3 Project Team & Responsibilities The City’s Brownfield Program is managed by Clearwater’s Economic Development and Housing Department (ED&H) as the department provides quality affordable housing and community services and directly links assistance to emerging and existing businesses throughout Clearwater. Chuck Lane, Assistant Director, serves as the Brownfield Project Director and is responsible for the oversight and completion of administrative and financial requirements of the City’s Brownfield Program. Mr. Lane began working with the City in 2011 and has served as Assistant Director of ED&H since 2016. Phil Kirkpatrick, Senior Economic Development Coordinator, serves as the Brownfield Project Manager and is responsible for the day-to-day activities and the timely and successful expenditure of funds of the Brownfield Program. Mr. Joe DeCicco, Senior Environmental Specialist, serves as Subject Matter Expert and has been with Clearwater Engineering for 12 years. Mr. Jay Ravins, City Finance Director, is responsible for RLF Final Expenditures & Closeout Plan ■ Clearwater, Florida February 18, 2021 ■ US EPA Cooperative Agreement No. BF-98487299 5 managing the finances of the sub-grant awards. Mr. Ravins has 39 years of accounting and finance experience both in private industry and public sector, with 27 of those years in government. The City has always valued the input of their community members and is committed to keeping them involved in every step of the process, which is evident based on their long Brownfield Program history dating back to 1996. To keep the community involved, the City created a Brownfield Advisory Board (BAB), with meetings dating back to 1998. The BAB consists of nine local individuals which include: three business owners/representatives, three agency or governmental representatives and three residents of the city of Clearwater. The BAB meets at a minimum on an annual basis and more frequently on as needed basis. The BAB is responsible for making recommendations and to provide a broader perspective for review, approval and issuance of sub-grants. The City procures environmental consultants to assist with assessment and remediation of brownfield sites. The City’s Procurement Division will advertise, solicit, and select a qualified environmental consultant to assist with the technical and reporting portions of the Brownfield Program, in full compliance with Federal Procurement Standards. The City of Clearwater procurement process is governed by the Code of Ordinances, City of Clearwater, Articles & Divisions; Sections 2.541 through 2.564. The City has built a strong working relationship with the FDEP through the implementation of their many EPA Brownfield Grant awards. The City will establish with the FDEP how they will receive copies of documentation and if they would like to be notified of state assessment activities. The City will provide FDEP the opportunity to review all remedial technical reports. Through the FDEP Brownfields Program, developers and community members are educated in the benefits of the state incentives of entering into Brownfield Site Rehabilitation Agreements and understanding brownfield designations. In addition, the FDEP will assist in the review and approval of petroleum site eligibility and provide technical assistance as needed. Applicants who plan to conduct cleanup activities will be directed to the FDEP Brownfields Program. The state will identify cleanup standards and other requirements and will oversee cleanup activities. Correspondence with the state will be achieved by both electronic and hard copy documents. 3.0 CLEARWATER BROWNFIELD CLOSEOUT PLAN 3.1 Project Funding Criteria The City of Clearwater plans to utilize the funds from their EPA Brownfield Revolving Loan Program for the primary purpose of awarding sub-grants for assessment and remediation of eligible brownfield properties. Recipients of sub-grant funding for assessment activities will be evaluated and approved by City staff. Recipients of sub-grant funding for remediation activities will be selected in conjunction with City staff and the Brownfield Advisory Board (BAB) by thoroughly reviewing their application for funding. The application that will be utilized is provided in Appendix A: City of Clearwater RLF Final Expenditures & Closeout Plan ■ Clearwater, Florida February 18, 2021 ■ US EPA Cooperative Agreement No. BF-98487299 6 Brownfield Revolving Loan Fund Sub-Grant Program Application. The evaluation and approval form the City will utilize is provided in Appendix B: City of Clearwater Brownfield Revolving Loan Fund Sub-Grant Program Application Approval Sheet. The sub-grant funding amount for assessment activities will be determined by City staff. The sub-grant funding amount for remediation activities will be determined by City staff and the BAB based on the site’s redevelopment plan and the return on investment the redevelopment will have on the community. Winning projects will be awarded throughout the city limits with special consideration given to those projects located in an area of town that will have an environmental justice benefit and provide an economic benefit to the disadvantaged members of the community. 3.2 EPA Requirements The following eligible entities, as defined by the EPA, are permitted to apply for a sub-grant through the City’s RLF program: • Land Clearance Authority or another quasi-governmental entity that operates under the supervision and control of, or as an agent of, a General-Purpose Unit of Local Government. • Government Entity Created by State Legislature. • General Purpose Units of Local Government. • Redevelopment Agency that is chartered or otherwise sanctioned by a state. • Nonprofit organization described in section 501(c)(3) of the Internal Revenue Code. • Limited liability corporation in which all managing members are 501(c)(3) nonprofit organizations or limited liability corporations whose sole members are 501(c)(3) nonprofit organizations. • Limited partnership in which all general partners are 501(c)(3) nonprofit organizations or limited corporations whose sole members are 501(c)(3) nonprofit organizations. • Qualified community development entity as defined in section 45D(c)(1) of the Internal Revenue Code of 1986. Eligible entities applying for a sub-grant for cleanup of a property through this program must own the property, and not be responsible for site contamination. Sub-grant recipients also must demonstrate compliance with the EPA Rule on All Appropriate Inquiries (Title 40, Code of Federal Regulations, Part 312). As a part of this program, the City is entitled to directly fund assessments that support redevelopment efforts for otherwise ineligible entities (individuals, sole proprietorships, for-profit corporations, for-profit limited liability corporations, for-profit limited partnerships and for-profit partnerships). Remedial activities may not be directly funded by the City for any property owner if the site is deemed ineligible for funding. The City will utilize the requirements set up by the EPA to determine if sites are eligible for brownfields grant funding under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) § 104(k). The City will ensure that the “retained program income” is used on a property that is a brownfield site as defined at CERCLA § 101(39) and in accordance with Section IV.C. All assessment and cleanup work funded with program income will be RLF Final Expenditures & Closeout Plan ■ Clearwater, Florida February 18, 2021 ■ US EPA Cooperative Agreement No. BF-98487299 7 performed in accordance with state or tribal environmental rules and regulations and be protective of human health and the environment. The City will continue to perform community involvement activities to solicit input from local communities, these outreach activities may take place with potential environmental justice communities, communities with a health risk related to exposure to hazardous waste or other public health concerns, economically disadvantaged or remote areas. Program income shall not be used to assess or clean up a site at which the City or the subrecipient is potentially liable under CERCLA § 107 unless they qualify for a limitation or defense to liability under CERCLA. The City and subrecipient must make and retain a certification to that effect as part of the records for the project. If asserting a limitation or defense to liability, the subrecipient must state the basis for that assertion. When using program income for petroleum-contaminated brownfield sites, the City or subrecipient shall certify that they are not a viable responsible party or potentially liable for the petroleum contamination at the site and retain a certification to that effect as part of the sub-grant records. The City may consult with EPA for assistance with this matter. The City will use the RLF program to fund the following brownfield activities: • Phase I Environmental Site Assessments at brownfield sites performed in accordance with EPA All Appropriate Inquiries Final Rule or ASTM E1527-13 (or the most current version); • Phase II Environmental Site Assessments and cleanup planning activities at brownfield sites; • Planning for the assessment, cleanup and re-use of brownfield sites; • Cleanup/remediation activities of eligible properties; • Entering a property into the State Brownfields program; • Outreach and distribution of materials and programmatic costs to manage and oversee the work being performed; and • Programmatic support including required EPA reporting, ACREs database maintenance, meeting preparation and attendance, and final closeout documentation. 3.3 Budget The City currently has $470,911 available in the sub-grant program for the assessment and remediation of brownfield properties throughout the city limits. Upon CRA Board and Council approval, the outstanding CRA loan totaling $325,440 will be repaid less 30% discount for a net repayment of $227,808, therefore total funds will be $698,719. Funds will be utilized to further redevelopment initiatives by focusing on projects that will provide a direct economic benefit to the City with priority given to projects that primarily benefit the City’s sensitive populations suffering from environmental justice issues. RLF Final Expenditures & Closeout Plan ■ Clearwater, Florida February 18, 2021 ■ US EPA Cooperative Agreement No. BF-98487299 8 Cost estimates for project activities are provided below and are based on past brownfield projects as determined by local market standards with contractual hourly rates based on the skills needed for the specific tasks: • Phase I ESAs $3,000 each • Generic QAPP $4,500 • Phase II ESAs including SS-QAPP at $23,000 each • ABCAs $6,500 each • Brownfield Site Rehabilitation Agreements $5,000 • Cleanup activities will vary based on project needs 3.4 Outreach City Staff will work with the sub-grantee recipient and the community to share information on all brownfield redevelopment throughout the city limits. To encourage entities to apply for the RLF Brownfield sub-grant awards, the City will collaborate with the following project liaisons to promote and encourage participation in efforts to further redevelopment: Name Contact Florida Gulfcoast Commercial Association of Realtors Sue Fern, sue@fernmanagement.com NAIOP Kelsey Bokor, kelsey@naioptb.org ULI Siobhan O’Kane, siobhan.okane@uli.org Planned outreach events utilizing the partnerships with the local liaison organizations include lunch and learn education events featuring information on the RLF sub-grant program, application process, and federal and state brownfield programs. Currently, community and City Council meetings are held in-person while observing social distancing guidelines. Information regarding this program will be announced during these meetings, posted on the City’s website and announced through press releases. The City will update the community throughout the life of the RLF sub-grant program on the funding availability and project outcomes until all funds have been expended via the city’s website and social media platforms (Facebook, LinkedIn, Twitter, Instagram, and YouTube), as well as through city-news and calendar-announcement emails, to which they will encourage residents to subscribe. The City staff will provide information during the regularly scheduled City Council meetings, which are broadcasted on C-View TV, the City of Clearwater’s television channel that is available to residents through local cable providers and online streaming. In addition, the City will develop informational handouts and marketing materials explaining the sub-grant application process and acceptable funding activities. RLF Final Expenditures & Closeout Plan ■ Clearwater, Florida February 18, 2021 ■ US EPA Cooperative Agreement No. BF-98487299 9 3.5 Assessment 3.5.1 Phase I Environmental Site Assessment All Phase I site characterizations and assessments conducted with the sub-grant funding will be performed in accordance with EPA's standard for all appropriate inquiries. All Phase I site characterizations and assessments will be conducted following the practices in ASTM standard E1527-13 “Standard Practices for Environmental Site Assessment: Phase I Environmental Site Assessment Process,” or EPA's All Appropriate Inquiries Final Rule. The “All Appropriate Inquiries Rule: Reporting Requirements Checklist for Assessment Grant Recipients”, (Publication Number: EPA 560-R-11-030), for each Phase I ESA conducted with sub-grant funds will be completed and signed. The reporting requirements for “All Appropriate Inquires” can be found at: https://www.epa.gov/brownfields/brownfields-all-appropriate-inquiries-rule-reporting-requirements-checklist-assessment. 3.5.2 Phase II Environmental Site Assessment & Supplemental Assessment Once it has been determined that a property/site is eligible, Phase II ESA activities can begin. The following are specific activities that will be performed to complete this task. 1. Quality Assurance Project Plans (QAPPs): A Generic Quality Assurance Project Plan (QAPP) document will be developed. Upon successful completion of a Phase I ESA which will need a subsequent Phase II ESA including the Site-Specific Quality Assurance Project Plan in accordance with EPA Region 4’s Instructions for the Preparation of Quality Assurance Project Plans for EPA Brownfields-Funded Projects in the Southeast. 2. Health & Safety Plans: An OSHA-compliant Health and Safety Plan (HASP) will be prepared by the environmental consultant and a copy will be placed in the sub-grant file. EPA approval of the HASP is not required. 3.6 Reuse/Remediation Planning Remediation activities will include calculating remediation costs and determining site appropriate remediation and/or reuse plans to reduce health/environmental risks for selected sites. Working with the community and FDEP, the City will establish a unified vision and set goal for reuse planning. The Brownfield Program Manager coupled with the environmental consultant will prepare and secure approvals for the Analysis of Brownfields Cleanup Alternatives (ABCAs) based on the data collected and data derived from the environmental assessments completed for the sites tested. The report will be communicated to the public and supplied to the state brownfields office for feedback prior to final approval. The ABCAs will serve as the framework for remedial action plans. RLF Final Expenditures & Closeout Plan ■ Clearwater, Florida February 18, 2021 ■ US EPA Cooperative Agreement No. BF-98487299 10 A. ABCA An ABCA briefly summarizes: • Information about the site and contamination issues, cleanup standards, applicable laws, cleanup alternatives considered, and the proposed cleanup. • It will include information on the cleanup effectiveness, the ability of the subrecipient to implement each alternative, the cost of each proposed cleanup alternative and an analysis of the reasonableness of the various cleanup alternatives considered including the one chosen. B. Institutional Controls (ICs) The City and the environmental consultant will consider the use of Institutional Controls (IC), as well as engineering controls, as part of the Analysis of Brownfield Cleanup Alternatives. The team will work closely with the State for the approvals. 3.7 Community Involvement Plan for Cleanup Projects The sub-grant recipient and their contractor will develop a Community Involvement Plan (CIP) for cleanup projects with the purpose to describe the planned community engagement activities, schedule, project background, and key players, which will be made available for review at the City’s Economic Development and Housing Department. The plan will describe the community and appropriate methods of seeking input, methods of communicating progress and education/information sharing for the community. 3.8 Cleanup Activities For sub-grant awards focusing on cleanup activities, the City will require an ABCA to describe cleanup alternatives. Through this detailed analysis the City will ensure the adequacy of the cleanups while protecting human health and the environment as it is implemented by protecting all nearby populations, including sensitive populations throughout the city limits from contaminants during cleanup work conducted on brownfield sites. Activities include implementing procedures necessary to mitigate any potential exposure from the contamination. All cleanup activities will be encouraged to meet the following requirements: 1. Greener Cleanups The City will encourage sub-grant recipients to take action to ensure a greener cleanup. Assessing and cleaning up contaminated land protects human health and the environment and enables communities to pursue future beneficial reuse of these properties. Cleaning up sites can be viewed as “green” from the perspective of the cleanup improving environmental and public health conditions. However, cleanup activities use energy, water, and other material resources to achieve cleanup objectives. The City will encourage applicants to incorporate green practices such as restricted engine idling and others identified in EPA resources to help alleviate the environmental footprint of cleanup actions. Incorporation of green practices will also be a consideration in the procurement of cleanup contractors. RLF Final Expenditures & Closeout Plan ■ Clearwater, Florida February 18, 2021 ■ US EPA Cooperative Agreement No. BF-98487299 11 2. Completion of Cleanup Activities The City will ensure that the successful completion of the cleanup is properly documented for any sub-grant awards used for cleanup/remediation of a brownfield site and will be done through a final report from the City’s qualified environmental professional. This documentation will be included as part of the administrative record. In the event of an incomplete cleanup, the City will ensure that the site is secure and notify FDEP to ensure an orderly transition should additional activities become necessary. 3.9 Sub-grant Project Completion Once a project is complete, the City will work with the subrecipient to document and close out the project. The sub-grant recipient will be required to provide a summary of the final accomplishments (outcomes, outputs, and other leveraged resources) during the entire grant project period to the City as an update to the projected information/deliverables given on their original application. 3.9.1 Measuring Results The City will document the project outcomes and outputs which can include the following: Outputs: • Number of community meetings held • Number of advisory committee meetings held • Number of ABCAs completed • Number of brownfield sites identified • Number of Phase I ESAs completed • Number of Phase II ESAs completed Outcomes: • Number of acres of land assessed • Number of jobs created/retained • Amount of tax revenue generated • Number of acres of property remediated • Amount of leveraged funding (private and public) • Value of capital investment for redevelopment • Acres of parks and greenspace preserved and created 3.9.2 ACRES Property specific information, including the property address and cleanup completions, will be entered electronically in EPA’s Assessment, Cleanup and Redevelopment Exchange System (ACRES) database at http://www.epa.gov/acres by the City and their consultant. ACRES will be updated for each property when the following occur: • All assessment activities and environmental findings have taken place at the site; • Completion of cleanup/remediation activities; • Funds are leveraged and/or jobs created (quantities); RLF Final Expenditures & Closeout Plan ■ Clearwater, Florida February 18, 2021 ■ US EPA Cooperative Agreement No. BF-98487299 12 • Completion of the Project Period (or Final Report); and • As significant events occur at the site, but not later than the end of the quarter in which the event occurred. 4.0 RLF PROGRAM CLOSEOUT COMPLETION Once all funds have been expended through the City’s sub-grant process, the City will notify the EPA of their intent to formally submit an RLF program report. Within 90 days of all funds being expended, the following information will be provided to the EPA: 1. Final Report a. A cover page including the grant recipient’s organization, the annual report number, the date of the reporting period, the person/organization preparing the report, and the date of submission. b. A summary of all sub-grants made and the status of each project. c. All cleanup reports and documentation for cleanup that have been completed as of the effective date of this closeout agreement. Provide a list of all reports and documentation still pending as of the effective date of this closeout agreement. d. A final budget summary table. e. A list of all properties that have been entered into and updated in ACRES. f. A list of the project outputs and outcomes as defined in Section 3.9.1 Measuring Results. RLF Final Expenditures & Closeout Plan ■ Clearwater, Florida February 18, 2021 ■ US EPA Cooperative Agreement No. BF-98487299 Appendix A City of Clearwater Brownfield Revolving Loan Fund Sub-Grant Program Application Brownfields Revolving Loan Fund - Application 1 City of Clearwater Brownfield Revolving Loan Fund Sub-Grant Program The City of Clearwater Revolving Loan Fund (RLF) Program provides financing for eligible brownfields projects within the city limits. Properties will be selected for funding when intended redevelopment creates a positive economic impact to the community. RLF sub-grants are available to brownfield properties that support the City’s goals and meet EPA funding requirements. The sub-grants provided by the RLF fund can be used for assessment and/or remediation of a property to support redevelopment. As a part of this Program, the City is entitled to directly fund assessments that support redevelopment efforts for otherwise ineligible entities (individuals, sole proprietorships, for-profit corporations, for-profit limited liability corporations, for-profit limited partnerships and for-profit partnerships). Remedial activities may not be directly funded by the City for any property owner if the site is deemed ineligible for funding. A brownfield is defined as real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of hazardous substances, pollutants, contaminants, controlled substances, petroleum or petroleum products, or is mine-scarred land. The goals of the City’s Brownfield Program are to improve the quality of life, revitalize neighborhoods and increase the City’s tax base by: • Encouraging sustainable redevelopment of brownfield sites; • Protecting human health and the environment; • Supporting the retention and attraction of jobs; • Maximizing the effectiveness of the Brownfield Program through collaborative efforts; and • Educating and engaging with the community about the Brownfield Program. Instructions The Applicant shall complete and sign this form and provide all requested information. Requested information will be utilized by the City of Clearwater to make an initial determination as to whether the Project meets the qualification requirements of the program. Please submit all application materials via email to: Attn: Phil Kirkpatrick, Sr. Business Recruitment & Property Development Economic Development & Housing Department philip.kirkpatrick@myclearwater.com or via mail to: 600 Cleveland Street, Clearwater, Florida 33755 If you have any questions regarding this application or the brownfield program, please contact Phil Kirkpatrick at 727.562.4054 Brownfields Revolving Loan Fund - Application 2 Application Date: _____________________________________________________________________________ Name of applicant: ___________________________________________________________________ Legal name of applicant, if different: _____________________________________________________ Previous names of applicant, if applicable: ________________________________________________ Key contact person name and title: ______________________________________________________ Business mailing address:_____________________________________________________________ __________________________________________________________________________________ Phone: ____________________________________________________________________________ Fax: ______________________________________________________________________________ Email: _____________________________________________________________________________ Applicant Tax ID/EIN: ________________________________________________________________ Legal form of applicant (check applicable box): Individual/Sole Proprietorship For-Profit Corporation (Indicate State and Date of Incorporation) Not-For-Profit Corporation (Indicate State and Date of Incorporation) Partnership (Indicate State and Date of Formation) Limited Partnership (Indicate State and Date of Formation) Limited Liability Company (Indicate State and Date of Organization) Political Subdivision or Quasi-Governmental Agency Describe: _______________________________________________________________ Other Describe:________________________________________________________________ Brownfields Revolving Loan Fund - Application 3 Applicant Eligibility Identify each person or entity with at least a ten percent (10%) ownership interest in the Applicant (attach additional pages as necessary): Name of Owner Address % Ownership 501(c)(3) or Gov’t Entity Yes/No Identify each person or entity with a managerial role (director, officer, manager, general partner, council members, etc.) with the Applicant (attach additional pages as necessary): Name Address Title Brownfields Revolving Loan Fund - Application 4 Property Identification and Information Address:___________________________________________________________________________ Parcel Tax I.D. #:____________________________________________________________________ Approximate acreage: _______________________________________________________________ Identity of immediate prior owner of the property (or current owner if applicant is not the current owner): __________________________________________________________________________________ __________________________________________________________________________________ Address of immediate prior owner of the property (or current owner if applicant is not current owner). For petroleum-contaminated properties only, list any and all prior known owners: __________________________________________________________________________________ __________________________________________________________________________________ Are you the current owner of the property: Yes No If the current owner, provide date the property was acquired: ________________________________ If not the current owner, provide the date you expect to acquire title to the property: ________________________________________________________________________________ Provide the method the property was/will be acquired (lease, purchase, donation, imminent domain, tax sale, etc.): __________________________________________________________________________________ __________________________________________________________________________________ Environmental Site Assessment Has a historical Phase I Environmental Site Assessment been completed? No Yes Completion date: __________________________________________________________________ Has a historical Phase II Environmental Site Assessment been completed? No Yes Completion date: __________________________________________________________________ If yes, please provide historical assessments with this application. Brownfields Revolving Loan Fund -Application 5 Description of Environmental Problems (if known) General description of nature, scope, and extent of contamination: __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ To the extent you have such knowledge, describe in detail the dates (time period) and manner in which the property became contaminated: __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Did the applicant cause the contamination of the site? Yes No Is the property contaminated by a controlled substance, petroleum or petroleum product, or is the property mine scarred land? __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ If the property is contaminated by a controlled substance, petroleum or petroleum product, or is mine scarred land, describe generally the state/condition of the property. If contamination includes a known Underground Storage Tank, include tank number (if known): __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Brownfields Revolving Loan Fund -Application 6 Proposed Improvements and Project Description General description of proposed project - include a general description of the proposed use (e.g., retail, residential, office, etc.); description of anticipated improvements (i.e., number and size of buildings); and approximate capital investment: __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Number of jobs expected to be created as a result of the proposed project: _______________________ Number of new businesses to be created as a result of the proposed project:_____________________ If the proposed project includes housing, indicate the % affordable units: _________________________ Estimated economic development impact to the City annually (in dollars):________________________ Estimated economic development impact to the City in total (in dollars):__________________________ Brownfields Revolving Loan Fund -Application 7 Funding Requested Type of funding requested (Phase I Environmental Assessment, Phase II Environmental Assessment, Supplemental Environmental Assessment, Cleanup Planning, Remediation Funding): __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ State the amount requested: ___________________________________________________________ Project Schedule Estimated start date of property redevelopment activities: ____________________________________ Estimated completion date of redevelopment activities: ______________________________________ Current zoning of the property: _________________________________________________________ Is a change in zoning required for the proposed project? Yes No If a change in zoning is required, explain how and when the zoning will be obtained: ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Attach any reports/documentation that will assist the City in making a funding determination. Brownfields Revolving Loan Fund -Application 8 Certification The Applicant hereby certifies, warrants, and represents that the information provided herein is complete, true and correct to the best of your knowledge, information and belief. Applicant understands and acknowledges that the City of Clearwater is relying on the information contained herein in making eligibility determinations and financing decisions and have the right to so rely. Eligibility determinations and funding recommendations do not constitute a final award. Awards are not final until all documents are executed and all conditions precedent to the award are met. Applicant: ______________________________________________________________________ By (Signature): ___________________________________________________________________ Print Name: _____________________________________________________________________ Title: ____________________________________________________________________________ Date: __________________________________________________________________________ RLF Final Expenditures & Closeout Plan ■ Clearwater, Florida February 18, 2021 ■ US EPA Cooperative Agreement No. BF-98487299 Appendix B City of Clearwater Brownfield Revolving Loan Fund Sub-Grant Program Application Approval Sheet Brownfields Revolving Loan Fund - Application Approval Sheet City of Clearwater Brownfield Revolving Loan Fund Sub-Grant Program Name of Applicant: _________________________________________________________________ Is the applicant an eligible entity? Yes No Is the funding requested for an eligible expense under the program? Yes No Does the site meet EPA eligibility requirements? Yes No Does the proposed redevelopment meet the objectives of the City (create new jobs, businesses and/or affordable housing)? Yes No Is the requested funding amount reasonable for the benefit of the end-use redevelopment for the City? Yes No If not, do you recommend funding a lesser amount? Yes No If so, specify amount. _____________________________ Date App Received: ________________________________________________________________ Date App Reviewed: ________________________________________________________________ Approved for Funding: Yes No If not, reasoning: ____________________________________________________________________ _________________________________________________________________________________ Reviewer Name (Print): _______________________________________________________________ Reviewer Signature: __________________________________________________________________ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8849 Agenda Date: 3/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve Amendment No. 1 to Letter of Agreement and Contract with University of North Florida Training and Services Institute, Inc., d/b/a Institute of Police Technology and Management (IPTM) High Visibility Enforcement (HVE) for Pedestrian and Bicycle Safety Grant Award to accept an additional grant award of $30,000 for police overtime and authorize the appropriate officials to execute same. (consent) SUMMARY: On October 14, 2020, City Council granted approval of an Agreement with University of North Florida Training and Service Institute (University) for phase 8 of the state HVE program to continue its grant-funded pedestrian and bicycle safety project with Clearwater Police Department (CPD). CPD has conducted seven grant-funded comprehensive enforcement/education projects since March 2014 aimed at changing the behavior of all who use Clearwater’s roadways - pedestrians, bicyclists, and motorists. The 2020 Agreement provided funding for an eighth round of funding for this very successful project which is currently underway. The University extended an invitation to CPD to request an additional $30,000 in funding in order to expand the current project. The University requested and received approval from the Florida Department of Transportation to amend the agreement approved by Council on October 14, 2020, to reflect the additional allocation of $30,000, which increases the total contract amount from $26,882 to $56,882. The funds will be utilized by CPD to conduct additional HVE details at the intersections selected and approved by the University based on crash data. The project period will end on or before May 14, 2021. There will be no direct adverse impact to the Police Department annual operating budget nor is there a required match. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will reflect a budget increase of $30,000 in grant revenue in special program G2106, Pedestrian/Bicycle Safety Grant 2021, to account for the additional grant revenues and expenditures. Page 1 City of Clearwater Printed on 2/26/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8799 Agenda Date: 3/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve a State Highway Lighting, Maintenance, and Compensation Agreement with the Florida Department of Transportation (FDOT) for maintenance of lighting on state roads and authorize the appropriate officials to execute same. (consent) SUMMARY: This agreement requires the City to maintain street lighting on state road corridors in the city limits. This is a replacement agreement for one that has been in effect since 2003. The City currently maintains 1,090 streetlights in the State Highway System. This agreement provides a process for FDOT to reimburse the City annually for the cost to maintain the lighting system, including a 3% annual increase in the unit rate per light and an increase from 90% to 95% in the first year for the total number of lights used in the compensation calculation. Previous agreements did not include these increases. The City anticipates a $294,409 compensation in July 2021 under the current agreement, increasing to $320,073 in July 2022, the first year of the new agreement. The agreement term is seven years, through June 30, 2028 and can be cancelled with two years advance notice by either of the maintaining agencies (City of Clearwater or FDOT). The Traffic Operations Division in the Engineering Department is responsible maintaining the roadway lighting system. Page 1 City of Clearwater Printed on 2/26/2021 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT 375-020-52 MAINTENANCE OGC – 03/20 Page 1 of 8 CONTRACT NO. ASJ70 FINANCIAL PROJECT NO. 405604-1-78-47 F.E.I.D. NO. THIS AGREEMENT, entered into this day of , year of 2021, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "FDOT”, and CITY OF CLEARWATER, hereinafter referred to as the "MAINTAINING AGENCY"; WITNESSETH: WHEREAS, FDOT is authorized under Sections 334.044 and 335.055, Florida Statutes, to enter into this Agreement, and the MAINTAINING AGENCY has the authority to enter into this Agreement and to undertake the maintenance and operation of lighting on the State Highway System; and WHEREAS, the MAINTAINING AGENCY has authorized its undersigned officers to enter into and execute this Agreement; WHEREAS, FDOT has identified sites where lighting and/or lighting systems, hereinafter referred to as “Facilities”, are located on the State Highway System within the jurisdictional boundaries of the MAINTAINING AGENCY. A list of the Facilities is included as Exhibit A, attached hereto and incorporated herein. WHEREAS, the MAINTAINING AGENCY agrees to maintain the Facilities as further set forth herein. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, FDOT and the MAINTAINING AGENCY hereby agree as follows: 1. Maintenance of Facilities a. The MAINTAINING AGENCY shall maintain the Facilities listed in Exhibit A. The Facilities may include lighting for roadways, as well as park and ride, pedestrian overpasses, and recreational areas owned by or located on the property of FDOT. The Facilities shall not include lighting located in weigh stations, rest areas, or on Interstate highways. The location and type of lighting to be maintained pursuant to this Agreement is set forth in Exhibit A. Any changes or modifications to Exhibit A must be in writing and signed by both FDOT and the MAINTAINING AGENCY. Any Facilities added to Exhibit A during the FDOT’s fiscal year shall be maintained and operated by the MAINTAINING AGENCY upon the FDOT’s final acceptance of installation of any new lighting and/or lighting systems. Prior to the start of each new fiscal year, the MAINTAINING AGENCY and FDOT shall amend Exhibit A to reflect any changes to the Facilities, including addition, removal, or change in lighting type maintained pursuant to this Agreement. The MAINTAINING AGENCY will be compensated for Facilities added to Exhibit A by amendment of this Agreement in the FDOT’s fiscal year occurring after the lighting and/or lighting systems are installed and final acceptance of such installation is given by FDOT. In the event that no change is made to the previous year’s Exhibit A, a certification from the MAINTAINING AGENCY shall be provided to FDOT certifying that no change has been made to Exhibit A during FDOT’s previous fiscal year. Unless stated otherwise, all references to fiscal years within this agreement refer to FDOT’s fiscal year, beginning July 1st and ending June 30th. b. In maintaining the Facilities, the MAINTAINING AGENCY shall perform all activities necessary to keep the Facilities fully operating, properly functioning, with a minimum of 90% of the lights burning for any lighting type (e.g., high mast, standard, underdeck, and sign) or roadway system at all times in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage, or acts of nature. Required maintenance includes, but is not limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the Facilities (including the poles and any and all other component parts installed as part of the Facilities), and locating (both vertically and horizontally) the Facilities. All repairs or replacement will be in kind unless a variance is approved in writing by FDOT. 375-020-52 MAINTENANCE OGC – 03/20 Page 2 of 8 c. All maintenance must be in accordance with the provisions of the following: (1) Manual of Uniform Traffic Control Devices; and (2) All other applicable local, state, or federal laws, rules, resolutions, or ordinances, and FDOT procedures. d. For lighting installed as part of a FDOT project, the MAINTAINING AGENCY’s obligation to maintain the Facility commences upon the MAINTAINING AGENCY’s receipt of notification from FDOT that FDOT has formally accepted the project, except for the obligation to provide for electrical power, which obligation to provide for electrical power commences at such time as the lighting system is ready to be energized; provided, however, that the MAINTAINING AGENCY is not required to perform any activities which are the responsibilities of FDOT’s contractor. Prior to acceptance by FDOT, the MAINTAINING AGENCY shall have the opportunity to inspect and request modifications/corrections to the installation(s). FDOT agrees to make modifications/corrections prior to acceptance so long as the modifications/corrections comply with the installation contract documents and specifications. e. The term for this Agreement is seven (7) years. Either party may terminate this Agreement by a notice of termination. The notice of termination must be in writing. Should the MAINTAINING AGENCY choose to terminate the Agreement, the MAINTAINING AGENCY shall provide a minimum notice period of two (2) fiscal years prior to the effective date of termination and the notice shall be endorsed by the elected body (County Commission, City Council, or local agency governing body) under which the Agency operates. The effective date of the termination will coincide with the end of the FDOT’s fiscal year of June 30th following the two-year notice. The termination of this Agreement will not terminate maintenance responsibilities for lighting owned by the MAINTAINING AGENCY. Maintenance obligations for lights owned by the MAINTAINING AGENCY will remain the responsibility of the MAINTAINING AGENCY. Nor does termination of this Agreement operate to relieve the MAINTAINING AGENCY of any maintenance obligations contained in other agreements. Maintenance of lights governed by a separate maintenance agreement will continue per the terms of that separate maintenance agreement. 2. Compensation and Payment FDOT shall pay to the MAINTAINING AGENCY a sum of $ for the fiscal year in which this Agreement is signed. Payments will be calculated and made in accordance with Exhibit A. Prior to the beginning of each fiscal year, the MAINTAINING AGENCY shall submit an amended Exhibit A or a certification of no change to Exhibit A and FDOT and the MAINTAINING AGENCY shall agree on the amount and percentage of lighting to be paid for the coming fiscal year. FDOT will issue a work order confirming the amount and authorizing the performance of maintenance for each new fiscal year. The work order must be an FDOT-signed letter of authorization to the MAINTAINING AGENCY with a subject line containing the terms "State Highway Lighting, Maintenance, and Compensation Agreement work order". The work order must reflect the contract number, financial project number, FEID No. of the MAINTAINING AGENCY, the fiscal year, the percentage of lighting funded and the lump sum amount to be paid for the fiscal year indicated. The work order must be signed by the MAINTAINING AGENCY and returned to FDOT. Failure by the MAINTAINING AGENCY to take any of the actions required by this paragraph may result in nonpayment by FDOT. FDOT expressly assigns its rights, interests and privileges pertaining to damage to Facilities caused by third parties to the MAINTAINING AGENCY, so they may pursue all claims and causes of actions against the third parties responsible for the damage. FDOT will assist the MAINTAINING AGENCY and will confirm the MAINTAINING AGENCY’s authorization to pursue recovery. The MAINTAINING AGENCY will be responsible for all attorneys’ fees and litigation costs incurred in its recovery activities. 375-020-52 MAINTENANCE OGC – 03/20 Page 3 of 8 3. Record Keeping The MAINTAINING AGENCY shall keep records of all activities and report all maintenance performed and replacement components and parts installed pursuant to this Agreement. The records shall be kept in an electronic format approved by FDOT. Records shall be maintained and made available upon request to FDOT during the period of this Agreement and for three (3) years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records will be furnished to FDOT upon request. 4. Invoicing The MAINTAINING AGENCY shall invoice FDOT annually in a format acceptable to the FDOT. Invoices must be submitted no earlier than May 1 and no later than June 15 of the fiscal year in which the services were provided in order to be processed for payment by June 30. Upon receipt, FDOT has five (5) working days to inspect and approve the goods and services. FDOT has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422, Florida Statutes, will be due and payable, in addition to the invoice amount, to the MAINTAINING AGENCY. Interest penalties of less than one (1) dollar will not be enforced unless the MAINTAINING AGENCY requests payment. Invoices returned to a MAINTAINING AGENCY because of MAINTAINING AGENCY preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to FDOT. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Chief Financial Officer’s Hotline, 1-800-848-3792. The State of Florida’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: FDOT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. FDOT shall require a statement from the Comptroller of FDOT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of FDOT which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year. 5. Default In the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, FDOT may exercise one or more of the following options, provided that at no time may FDOT be entitled to receive double recovery of damages: a. Pursue a claim for damages suffered by FDOT or the public. b. Pursue any other remedies legally available. c. As to any work not performed by the MAINTAINING AGENCY, perform such work with its own forces or through contractors and seek reimbursement for the cost thereof from the MAINTAINING AGENCY if the MAINTAINING AGENCY fails to cure the non-performance within fourteen (14) days after written notice from FDOT of the non-performance; provided, however, that advance notice and cure will not be preconditions in the event of an emergency. 375-020-52 MAINTENANCE OGC – 03/20 Page 4 of 8 6. Force Majeure Neither the MAINTAINING AGENCY nor FDOT will be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimated duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 7. Miscellaneous a. FDOT shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. b. The MAINTAINING AGENCY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the MAINTAINING AGENCY in conjunction with this Agreement. Failure by the MAINTAINING AGENCY to grant such public access will be grounds for immediate unilateral cancellation of this Agreement by FDOT. c. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto. Without limiting the generality of the foregoing, this Agreement shall replace and supersede all prior agreements between FDOT and the MAINTAINING AGENCY with respect to maintenance of the lighting and/or lighting systems for the Facilities identified in Exhibit A. d. This Agreement is governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable are severable and will not affect the validity of the remaining provisions hereof. e. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, electronic mail, or express mail and will be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. The MAINTAINING AGENCY must notify the local District of FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices must be sent to the following addresses: MAINTAINING AGENCY: CITY OF CLEARWATER FDOT: Mr. Lance Grace, P.E., District Maintenance Engineer Florida Department of Transportation 11201 N. McKinley Drive Tampa, Florida 33612 f. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime 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 any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. g. An entity or affiliate who has been placed 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 any public entity, and may not transact business with any public entity. 375-020-52 MAINTENANCE OGC – 03/20 Page 5 of 8 h. By signing this agreement the Maintaining Agency certifies that it is not: (1) listed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S., (2) engaged in a boycott of Israel, (3) or listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes. For contracts involving $1,000,000 or more, if the Department determines the Maintaining Agency submitted a false certification under Section 287.135(5) of the Florida Statutes regarding the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or for contracts involving any amount, if the Maintaining Agency has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the Department shall either terminate the Contract after it has given the Maintaining Agency notice and an opportunity to demonstrate the Department’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met. i. Nothing herein shall be construed as a waiver of either party’s sovereign immunity. j. MAINTAINING AGENCY: 1. shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the MAINTAINING AGENCY during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 3. Ensure that 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 Agreement term and following completion of the Agreement if the Maintaining Agency does not transfer the records to FDOT 4. Upon completion of the Agreement, transfer, at no cost, to FDOT, all public records in possession of the Consultant or keep and maintain public records required by FDOT to perform the service. If the Consultant transfers all public records to FDOT upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to FDOT, upon request from FDOT’s custodian of public records, in a format that is compatible with the information technology systems of FDOT 5. Failure by the Maintaining Agency to comply with Chapter 119, Florida Statutes, shall be grounds for immediate unilateral cancellation of this Agreement by FDOT 375-020-52 MAINTENANCE OGC – 03/20 Page 6 of 8 IF THE MAINTAINING AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE MAINTAINING AGENCY’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: District 1 863-519-2623 D1prcustodian@dot.state.fl.us Florida Department of Transportation District 1 – Office of General Counsel 801 N. Broadway Bartow, FL 33830 District 2 386-758-3727 D2prcustodian@dot.state.fl.us Florida Department of Transportation District 2 - Office of General Counsel 1109 South Marion Avenue, MS 2009 Lake City, FL 32025 District 3 850-330-1391 D3prcustodian@dot.state.fl.us Florida Department of Transportation District 3 - Office of General Counsel 1074 Highway 90 East Chipley, FL 32428 District 4 954-777-4529 D4prcustodian@dot.state.fl.us Florida Department of Transportation District 4 – Office of General Counsel 3400 West Commercial Blvd. Fort Lauderdale, FL 33309 District 5 386-943-5000 D5prcustodian@dot.state.fl.us Florida Department of Transportation District 5 – Office of General Counsel 719 South Woodland Boulevard Deland, FL 32720 District 6 305-470-5453 D6prcustodian@dot.state.fl.us Florida Department of Transportation District 6 – Office of General Counsel 1000 NW 111 Avenue Miami, FL 33172-5800 District 7 813-975-6491 D7prcustodian@dot.state.fl.us Florida Department of Transportation District 7 - Office of General Counsel 11201 N. McKinley Drive, MS 7-120 Tampa, FL 33612 Florida’s Turnpike Enterprise 407-264-3170 TPprcustodian@dot.state.fl.us Turnpike Enterprise Chief Counsel Florida Turnpike – Office of General Counsel Turnpike Mile Post 263, Bldg. 5315 Ocoee, FL 34761 Central Office 850-414-5355 COprcustodian@dot.state.fl.us Office of the General Counsel Florida Department of Transportation 605 Suwannee Street, MS 58 Tallahassee, Florida 32399-0458 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT 375-020-52 MAINTENANCE OGC – 03/20 Page 7 of 8 8. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the MAINTAINING AGENCY in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled “Changes to Form Document” and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the MAINTAINING AGENCY hereby represents that no change has been made to the text of this document except through the terms of the Appendix entitled “Changes to Form Document." You MUST signify by selecting one of the applicable options: No changes have been made to this Forms Document and no Appendix entitled "Changes to Form Document" is attached. No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. MAINTAINING AGENCY BY: (Signature) (Printed Name: ) (Printed Title: ) Date: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) (Printed Name: ) Date: (Printed Title: ) FDOT Legal Review BY: (Signature) Counsel Date: (Printed Name: ) 375-020-52 MAINTENANCE OGC – 03/20 Page 8 of 8 Exhibit A STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT For Fiscal Year 2022 1.0 PURPOSE This exhibit defines the method and limits of compensation to be made to the MAINTAINING AGENCY for the services described in this Agreement and method by which payments will be made. 2.0 FACILITIES The lighting or lighting systems listed below, or in an attached spreadsheet, or other electronic form are included with this Agreement and represent the Facilities to be maintained by the MAINTAINING AGENCY: 1. 2. 3. 4. 5. 6. 3.0 COMPENSATION For the satisfactory completion of all services detailed in this Agreement, FDOT will pay the MAINTAINING AGENCY the Total Sum as provided in Section 2 of the Agreement. The MAINTAINING AGENCY will receive one single payment at the end of each fiscal year for satisfactory completion of service. The per-light unit rate shall increase by 3% each fiscal year. E.g., the per-light unit rate of $300.10 in fiscal year 2020-2021 shall increase to $309.10 in fiscal year 2021-2022. Total Payment Amount for each fiscal year is calculated by inputting the actual number of qualifying types of lights into the table below and multiplying by the unit rate and ___%. Example: 330 (lights) x $300.10 (unit rate) x 0.90 (90% requirement) = $89,129.70 Type of Light # of lights LED or HPS Unit rate 0.95% Total High Mast HPS 309.10 0.95 0.00 Standard 425 HPS 309.10 0.95 320073.05 Underdeck HPS 309.10 0.95 0.00 Sign HPS 309.10 0.95 0.00 High Mast LED 309.10 0.95 0.00 Standard LED 309.10 0.95 0.00 Underdeck LED 309.10 0.95 0.00 Sign LED 309.10 0.95 0.00 665 FY State Owned HPS Duke Owned LED Annual Exp 18 56,596.00$ 185,934.00$ 242,530.00$ 19 87,601.00$ 185,934.00$ 273,535.00$ 20 93,708.00$ 185,934.00$ 279,642.00$ 21 78,213.00$ 185,934.00$ 264,147.00$ State Street Light Expenses Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8829 Agenda Date: 3/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Accept a Sovereignty Submerged Lands Easement from the Florida Department of Environmental Protection, Bureau of Public Lands across Clearwater Harbor and the Intracoastal Waterway for the maintenance of a subaqueous potable water main and force main as part of Memorial Causeway Subaqueous Pipelines Project and authorize the appropriate officials to execute same. (consent) SUMMARY: The Memorial Causeway Subaqueous Pipelines Project (14-0041-UT) installed a 24-inch replacement sanitary sewer force main across Clearwater Harbor from Bayway Blvd. to State Road 60 and a 20-inch water main across the Intracoastal Waterway from the Memorial Causeway to Drew Street. City Council accepted a 25-ft. Submerged Lands easement from the Florida Department of Environmental Protection (FDEP), Bureau of Public Lands on August 17, 2017 for the construction, installation, and maintenance of the proposed subaqueous mains, but the FDEP never fully executed the original easement. This revised 25-ft. submerged lands easement is based on the “as built” location of the subaqueous sanitary sewer force main across Clearwater Harbor from Bayway Blvd. to State Road 60, which slightly altered the legal description of the original easement location. All other items in this revised easement remain unchanged. Accepting this easement authorizes the City of Clearwater to maintain its subaqueous force mains across Clearwater Harbor Sovereignty Submerged Lands. Staff recommends acceptance of the easement. Page 1 City of Clearwater Printed on 2/26/2021 This Instrument Prepared By: Sue Jones Action No. 43049 Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA _______________________________________ SOVEREIGNTY SUBMERGED LANDS EASEMENT MODIFICATION TO REFLECT AS-BUILT SURVEY EASEMENT NO. 41976 BOT FILE NO. 520240543 THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Grantor. WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby grant to City of Clearwater, Florida, hereinafter referred to as the Grantee, a nonexclusive easement on, under and across sovereignty submerged lands as defined in 18-21.003, Florida Administrative Code, if any, contained within the following legal description: A parcel of sovereignty submerged land in Sections 08, 16 and 17 , Township 29 South, Range 15 East, in Clearwater Harbor, Pinellas County, Florida, containing 46,736 square feet as is more particularly described and shown on Attachment A, dated November 3, 2016 and August 6, 2019. TO HAVE THE USE OF the hereinabove described premises from April 10, 2020, the effective date of this modified easement, through February 20, 2042, the expiration date of this modified easement. The terms and conditions on and for which this modified easement is granted are as follows: 1. USE OF PROPERTY: The above described parcel of land shall be used solely for a subaqueous potable water main, force main or reclaimed water main. Grantee shall not engage in any activity related to this use except as described in the State of Florida Department of Environmental Protection De Minimis Exemption No. 52-0347018-001-EE, dated September 22, 2016, incorporated herein and made a part of this easement by reference. All of the foregoing subject to the remaining conditions of this easement. 2. EASEMENT CONSIDERATION: In the event the Grantor amends its rules related to fees and the amended rules provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges required by such amended rules within 90 days of the date the amended rules become effective or by a date provided by an invoice from the Department, whichever is later. All fees charged under this provision shall be prospective in nature; i.e. they shall begin to accrue on the date that the amended rules become effective. [45] 3. WARRANTY OF TITLE/GUARANTEE OF SUITABILITY OF USE OF LAND: Grantor neither warrants title to the lands described herein nor guarantees the suitability of any of the lands for any particular use. 4. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement. 5. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS: Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. 6. GRANTOR’S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the property to third parties during the term of this easement. 7. RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the works and operations of the Grantee in any matter pertaining to this easement. 8. LIABILITY/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 9. ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior written consent of the Grantor or its duly authorized agent and which consent shall not be unreasonably withheld. Any assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect. 10. TERMINATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee, its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be terminated by the Grantor upon 30 days written notice to the Grantee. If terminated, all of the above-described parcel of land shall revert to the Grantor. Any costs or expenses incurred by the Grantor in removing the Grantee or its property from the easement area shall be paid by the Grantee. All notices required to be given to the Grantee by this easement or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756 The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the change is effective. 11. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this easement which result from the grant of this easement or the activities of Grantee hereunder. Page 2 of 10 Pages Easement No. 41976 BOT File No. 520240543 12. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in paragraph 10 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to all other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 13. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 14. AMENDMENT/MODIFICATIONS: This easement is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted, acknowledged and executed by the Grantee and Grantor. 15. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Grantee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 16. ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No additional structures shall be erected and/or activities undertaken, including but not limited to, dredging, relocation/realignment or major repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written consent from the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Grantee to administrative fines under Chapter 18-14, Florida Administrative Code. If emergency repairs are required to be undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this easement. 17. UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement, Grantee must have satisfactory evidence of sufficient upland interest as defined in subsection 18-21.003(60), Florida Administrative Code, to the extent required by paragraph 18-21.004(3)(b), Florida Administrative Code, in order to conduct the activity described in this easement. If at any time during the term of this easement, Grantee fails to comply with this requirement, use of sovereignty, submerged lands described in this easement shall immediately cease and this easement shall terminate and title to this easement shall revert to and vest in the Grantor immediately and automatically. Page 3 of 10 Pages Easement No. 41976 BOT File No. 520240543 IN WITNESS WHEREOF, the Grantee and the Grantor have executed this instrument on the day and year first above written. WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) BY: Print/Type Name of Witness Brad Richardson, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. ____________________________________________ Original Signature "GRANTOR" Print/Type Name of Witness STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me by means of physical presence this day of ,20 , by Brad Richardson, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me. APPROVED SUBJECT TO PROPER EXECUTION: Notary Public, State of Florida DEP Attorney Date Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. Page 4 of 10 Pages Easement No. 41976 BOT File No. 520240543 12/28/2020 WITNESSES: City of Clearwater, Florida (SEAL) BY: Original Signature Original Signature of Executing Authority Frank Hibbard Typed/Printed Name of Witness Typed/Printed Name of Executing Authority Mayor Original Signature Title of Executing Authority Typed/Printed Name of Witness “GRANTEE” STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of __ physical presence or __online notarization this day of , 20 , by Frank Hibbard as Mayor, for and on behalf of City of Clearwater, Florida. He is personally known to me or who has produced , as identification. My Commission Expires: Signature of Notary Public Notary Public, State of Commission/Serial No. Printed, Typed or Stamped Name Page 5 of 10 Pages Easement No. 41976 BOT File No. 520240543 Attachment APage 6 of 10 PagesEasement No. 41976BOT file No. 520240543 Attachment APage 7 of 10 PagesEasement No. 41976BOT File No. 520240543 N 4 0 ° 0 2 ' 1 1 "W 9 6 4 7 . 3 0 ' ( B A S I S O F G R I D B E A R I N G S ) POC NGS CONTROL STATION "AURAL A" N=1325416.59 E=390398.86 NGS CONTROL STATION "HARRIS-N" N=1318030.28 E=396604.73 S1 7 ° 4 8 ' 2 2 " E 3 7 9 1 . 8 5 ' SE E S H E E T 1 SE E S H E E T 2 LI N E M A T C H SEE DETAIL "A" (LEFT) DETAIL "A" N.T.S. 25' 25' UTILITY EASEMENT CONTAINING 40,643 SQ. FT. OR 0.933 ACRES L1C1L2C2L3L7C3L8C4L9L10OA N.LINE LOT 16 LOT 16 BAYSIDE SUBDIVISION NO.6 UNIT C BLOCK D (PB 55, PG 19) N.LINE CONDOMINI U M U N I T S O F CLEARWATER POIN T N O . 3 NE CORNER LOT 16 AND NW CORNER CONDOMINIUM UNITS OF CLEARWATER POINT NO. 3 CONDOMINIUM UNITS OF CLEARWATER POINT NO. 3 (CB 6, PG 3) N81°55'19"E 1.14' N81°55'19"E 25.29' POB N=1321806.38 E=391558.40 MEAN HIGH WATER L I N EOA L10 L1L9Q:\SURVEY\2110\215\000\Production\Drawings\S&L 25' ESMTW SEAWALL-REV1.dwg, October 4, 2019 1:47 PM, King Engineering Associate Inc.4921 Memorial Highway One Memorial Center, Suite 300 Tampa, Florida 33634 Phone 813 880-8881 Fax 813 880-8882 www.kingengineering.com LB2610 Sheet ____ of____1 3 PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA # L.S.6956 CERTIFICATE OF AUTHORIZATION No. LB 2610 GREG BAKSIS Sketch and Legal Description not valid without the original signature and seal of a Florida licensed Surveyor and Mapper. CERTIFIED AS TO SKETCH AND LEGAL DESCRIPTION THIS IS NOT A SURVEY CITY OF CLEARWATER 25' UTILITY EASEMENT 1"=200' SCALE DATE JOB No. RANGETOWNSHIPSECTIONSCHECKEDDRAWN 2110-215-00010/31/16 JEK 8 & 17 29 S 15 EDWM LEGEND REVISED 8/06/2019 SEE SHEET 2 OF 3 FOR LINE AND CURVE TABLES 10/9/2019Attachment A Page 8 of 10 Pages Easement No. 41976 BOT File No. 520240543 LINE TABLE LINE L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 BEARING N10°50'32"E N21°42'49"E N34°40'02"E N34°49'30"E N49°24'35"W S34°49'30"W S34°40'02"W S21°42'49"W S10°50'32"W N81°55'19"E DISTANCE 45.86' 158.75' 422.71' 784.89' 25.13' 787.49' 422.71' 158.75' 54.43' 26.43' SE E S H E E T 1 SE E S H E E T 2 LI N E MA T C H SEE DETAIL "B" (ABOVE) DETAIL "B" N.T.S. 25' UTILITY EASEMENT CONTAINING 40,643 SQ. FT. OR 0.933 ACRESL4L5L6 CURVE TABLE CURVE C1 C2 C3 C4 LENGTH 92.50' 110.22' 115.87' 97.24' RADIUS 487.50' 487.50' 512.50' 512.50' DELTA 10°52'17" 12°57'13" 12°57'13" 10°52'17" BEARING N16°16'41"E N28°11'26"E S28°11'26"W S16°16'41"W CHORD 92.36' 109.98' 115.62' 97.10' S T A T E R D . N O . 6 0 ( M E M O R I A L C A U S EW A Y ) S. R / W L I N E S T A T E R D . N O . 6 0 S. L I N E C H A P T E R 1 1 0 5 0 25. 0 0 ' L 5 Q:\SURVEY\2110\215\000\Production\Drawings\S&L 25' ESMTW SEAWALL-REV1.dwg, October 4, 2019 1:47 PM, King Engineering Associate Inc.4921 Memorial Highway One Memorial Center, Suite 300 Tampa, Florida 33634 Phone 813 880-8881 Fax 813 880-8882 www.kingengineering.com LB2610 Sheet ____ of____3 THIS IS NOT A SURVEY CITY OF CLEARWATER 25' UTILITY EASEMENT 2 LEGEND 10/9/2019 Attachment A Page 9 of 10 Pages Easement No. 41976 BOT File 520240543 Q:\SURVEY\2110\215\000\Production\Drawings\S&L 25' ESMTW SEAWALL-REV1.dwg, October 4, 2019 1:47 PM, King Engineering Associate Inc.4921 Memorial Highway One Memorial Center, Suite 300 Tampa, Florida 33634 Phone 813 880-8881 Fax 813 880-8882 www.kingengineering.com LB2610 Sheet ____ of____3 THIS IS NOT A SURVEY CITY OF CLEARWATER 25' UTILITY EASEMENT 3 LEGAL DESCRIPTION: (BY KING ENGINEERING) A PARCEL OF SOVEREIGNTY SUBMERGED LAND, 25.00 FEET IN WIDTH, LYING WITHIN SECTIONS 8 AND 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT NATIONAL GEODETIC SURVEY (NGS) CONTROL STATION “AURAL A” POINT HAVING A NORTHING OF 1325416.59 AND AN EASTING OF 390398.86, BASED UPON THE FLORIDA STATE PLANE COORDINATE SYSTEM (WEST ZONE), NORTH AMERICAN DATUM 1983/1990 ADJUSTMENT (NAD 83/90), LYING N40°02'11"W (BEING THE BASIS OF GRID BEARING FOR THIS DESCRIPTION), A DISTANCE OF 9647.30 FEET FROM NATIONAL GEODETIC SURVEY CONTROL STATION “HARRIS N”; THENCE S17°48'22"E, A DISTANCE OF 3791.85 FEET TO A POINT LOCATED ON THE NORTH LINE OF LOT 16 AND THE SEAWALL LINE, BAYSIDE SUBDIVISION NO.6, UNIT C, BLOCK D, AS RECORDED IN PLAT BOOK 55, PAGE 19, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAME BEING THE MEAN HIGH WATER LINE OF CLEARWATER BAY, SAME ALSO BEING THE POINT OF BEGINNING AND HAVING A NORTHING OF 1321806.38 AND AN EASTING OF 391558.40; THENCE N81°55'19" E, ALONG THE NORTH LINE OF SAID LOT 16, A DISTANCE OF 1.14 FEET TO THE NORTHEAST CORNER OF SAID LOT 16, SAME BEING THE NORTHWEST CORNER OF CONDOMINIUM UNITS OF CLEARWATER POINT NO. 3; THENCE CONTINUE N81°55'19"E, ALONG THE NORTH LINE OF SAID CONDOMINIUM UNITS OF CLEARWATER POINT NO. 3, A DISTANCE OF 25.29 FEET; THENCE LEAVING SAID NORTH LINE, NORTH 10°50'32" EAST, A DISTANCE OF 45.86 FEET TO A POINT ON A CURVE TO THE RIGHT; THENCE NORTHERLY 92.50 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 487.50 FEET, A CENTRAL ANGLE OF 10°52'17", AND A CHORD BEARING AND DISTANCE OF NORTH 16°16'41" EAST 92.36 FEET; THENCE NORTH 21°42'49" EAST, A DISTANCE OF 158.75 FEET TO A POINT ON A CURVE TO THE RIGHT; THENCE NORTHEASTERLY 110.22 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 487.50 FEET, A CENTRAL ANGLE OF 12°57'13", AND A CHORD BEARING AND DISTANCE OF NORTH 28°11'26" EAST 109.98 FEET; THENCE NORTH 34°40'02" EAST, A DISTANCE OF 422.71 FEET; THENCE NORTH 34°49'30" EAST, A DISTANCE OF 784.89 FEET TO THE SOUTH RIGHT OF WAY LINE OF STATE ROAD NO. 60 (MEMORIAL CAUSEWAY) ACCORDING TO A FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY CONTROL SURVEY, STATE PROJECT NO. 15220-XXXX, WORK PROGRAM ITEM/SEGMENT: 257093 1, DATED 10/15/11, SAME BEING THE SOUTH LINE OF THOSE SOVEREIGNTY SUBMERGED LANDS AS DESCRIBED IN CHAPTER 11050, LAWS OF FLORIDA 1925; THENCE N49°24'35"W, ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 25.13 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE, SOUTH 34°49'30" WEST, A DISTANCE OF 787.49 FEET; THENCE SOUTH 34°40'02" WEST, A DISTANCE OF 422.71 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE SOUTHWESTERLY 115.87 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 512.50 FEET, A CENTRAL ANGLE OF 12°57'13", AND A CHORD BEARING AND DISTANCE OF SOUTH 28°11'26" WEST 115.62 FEET; THENCE SOUTH 21°42'49" WEST, A DISTANCE OF 158.75 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE SOUTHERLY 97.24 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 512.50 FEET, A CENTRAL ANGLE OF 10°52'17", AND A CHORD BEARING AND DISTANCE OF SOUTH 16°16'41" WEST 97.10 FEET; THENCE SOUTH 10°50'32" WEST, A DISTANCE OF 54.43 FEET TO THE POINT OF BEGINNING. CONTAINING 0.933 ACRES OR 40,643 SQUARE FEET MORE OR LESS. SURVEYOR'S NOTES: 1. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS-OF-WAY, AND OR OWNERSHIP WERE FURNISHED TO OR PURSUED BY THE UNDERSIGNED. 2. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 3. THIS IS A SKETCH AND LEGAL DESCRIPTION ONLY, NOT A FIELD SURVEY. 4. GRID BEARINGS SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, WEST ZONE, NORTH AMERICAN DATUM 1983/1990 ADJUSTMENT (NAD 83/90). MORE SPECIFICALLY THE LINE BETWEEN “AURAL A” AND “HARRIS N” BEING NORTH40°02'11"WEST. 5. DISTANCES SHOWN HEREON ARE IN US FEET. 10/9/2019 Attachment A Page 10 of 10 Pages Easement No. 41976 BOT File No. 520240543 MEMORIAL CSWY DREW ST BAY W AY B LV D Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Submerged Lands Easement in Clearwater Harbor Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Department - Clearwater Memorial Causeway Subaqueous Pipeline\Easements for Project.mxd AERIAL MAP Page 1 of 1Aerial Flown 2019 Date:2/3/2021 ² 25' SUBMERGED LANDS EASEMENT FROM FDEP 25' SUBMERGED LANDS EASEMENT FROM FDEP WDMap Gen By:RBReviewed By: City of Clearwater ROW SANITARY PIPE POTABLE WATER PIPE N.T.S.Scale: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Resolution # 21-08 Agenda Date: 3/1/2021 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 5.3 SUBJECT/RECOMMENDATION: Accept a boardwalk easement from NESC, LLC for the purpose of maintenance and general public use of a public boardwalk on real property located at 443 East Shore Drive and adopt Resolution 21-08. SUMMARY: The City entered into a Development Agreement (Agreement) with a developer of the 443 East Shore site in 2012, but the development never commenced. As the successor to the original developer, NESC, LLC, and the City entered an amended agreement for the 443 East Shore site on January 22, 2018. The Agreement contemplates that NESC, LLC, will construct a boardwalk and permit the public to use the boardwalk and new sidewalk at the north end of the proposed boardwalk, to connect the boardwalk to East Shore Drive. The south end of the boardwalk will connect to the city-owned Papaya Street Plaza. The City and NESC agreed to the terms of the boardwalk easement where the general daily and regular upkeep and maintenance of the boardwalk shall be the duty and responsibility of the City. All structural upkeep, maintenance, and replacement of the boardwalk shall be the duty and responsibility of the developer, NESC, LLC. Staff recommends acceptance of the easement. Page 1 City of Clearwater Printed on 2/26/2021 Resolution No. 21-08 RESOLUTION NO. 21-08 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A BOARDWALK EASEMENT FROM NESC, LLC, FOR THE GENERAL PUBLIC USE AND MAINTENANCE OF A BOARDWALK AT 443 EAST SHORE DRIVE; PROVIDING AN EFFECTIVE DATE. WHEREAS, as a prerequisite to development of the subject property, the City of Clearwater requires a boardwalk easement from NESC, LLC for general public use and maintenance of the boardwalk; 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 Boardwalk Easement, a copy of which is attached hereto and incorporated herein as Exhibit “A” to Resolution 21-08 Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of _________________, 2021. ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ___________________________ ________________________________ Michael Fuino Rosemarie Call Assistant City Attorney City Clerk EXHIBT A TO RESOLUTION 21-08 EXHIBIT A EAST SHORE DRPAPAYA ST 55436 450 454 466 448 440 446 452 441 469 AERIAL MAP NEW BOARDWALK EASEMENT Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\443_EastShore Dr.mxd 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:Page: 1 of 12/12/2021Date:Aerial Flown 2019 Proposed New Boardwalk Easement to City of Clearwater443 East Shore Dr. WDMap Gen By: NEW BOARDWALK EASEMENT RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8853A Agenda Date: 3/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve revised Fiduciary Investment Committee Charter for the City’s defined contribution retirement plans. (consent) SUMMARY: The Fiduciary Investment Committee, consisting of city staff from Human Resources, Finance, and other city departments, meets on at least a quarterly basis to review and monitor investment performance under the City’s ICMA 457 deferred compensation plan and ICMA 401a retirement plan, with the assistance of an investment consultant. The Committee recommends termination, replacement, and addition of money managers as appropriate, among other duties. City Council previously approved a Fiduciary Investment Committee Charter for the City’s defined contribution plans in September 2013. Staff is requesting approval of a revised Charter at this time. Changes to the Charter include revisions to the composition of the investment committee to provide flexibility to assist in obtaining volunteer participation on the committee. Other changes are minor clarifications and clean-up of the Charter language. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 2/26/2021 City of Clearwater Defined Contribution Plans Fiduciary Investment Committee Charter 1. The City of Clearwater Defined Contribution Plans Fiduciary Investment Committee shall be composed of individuals appointed by the Plan Sponsor, the City of Clearwater. Members of the Fiduciary Investment Committee shall serve until their resignation, death or removal by the Plan Sponsor. In addition, a member shall be removed from the Committee, without further action by the Plan Sponsor, if the member’s affiliation with City of Clearwater is terminated. The Fiduciary Investment Committee shall act pursuant to authority delegated by the Plan Sponsor, subject at all times to the right of the Plan Sponsor to withdraw such delegation and undertake the responsibilities previously delegated to the Fiduciary Investment Committee directly. Committee members shall discharge their duties with respect to the plan solely in the interest of the participants and their beneficiaries for the exclusive purpose of providing benefits of participants and their beneficiaries and defraying reasonable expenses of administering the plan. Such delegations are valid only to the extent permitted by, and provided for in, the Plan. 2. The purpose of the Fiduciary Investment Committee is to act pursuant to delegated authority by the Plan Sponsor to satisfy the obligations of the Plan Sponsor under applicable federal laws and regulations, including relevant sections of the Internal Revenue Code of 1986, as well as all applicable state laws, as follows: a. Establishing and maintaining the Investment Policy statement; b. Selecting investment options, fees and rates; c. Selecting investment managers; d. Periodically evaluating the Plan’s investment performance and recommending investment option, fee and rate changes; and e. Providing Plan participant investment education and communication. 3. The Fiduciary Investment Committee shall follow all the policies and procedures set forth in the Investment Policy statement (the “Investment Policies”) of the Plan, as from time to time may be amended by the Committee subject to approval by the Plan Sponsor. In case of any conflict between the terms of this Charter and the terms of the Investment Policies, the terms of the Investment Policies shall take precedence over the terms of this Charter and shall govern the activities of the Fiduciary Investment Committee. 4. The Fiduciary Investment Committee shall consist of the following five City employees: Finance Director or designee, Cash and Investments Manager, one other member from Finance, Human Resources Director or designee, Human Resources Manager of the Benefits Division Benefits Manager or designee, and one member of the City Benefits Committee no more than three “at large” members who participates in at least one of the City defined contribution retirement plans to be chosen by the other members of the Benefits Committee. New members will be chosen by vote of the Fiduciary Investment Committee. The Finance Director shall serve as the Chair of the Committee. 5. The Fiduciary Investment Committee shall meet quarterly and at any time the Fiduciary Investment Committee is required to act pursuant to the Investment Policies. 6. A simple majority of members of the Fiduciary Investment Committee shall constitute a quorum for any action to be taken by the Fiduciary Investment Committee at a meeting. A majority of the members constituting a quorum and participating in the meeting may take any action or make any determination at a meeting of the Fiduciary Investment Committee. Members of the Fiduciary Investment Committee may participate in a formal Committee meeting by means of a conference telephone or similar communications equipment provided a quorum of Committee members is physically present at the meeting, and provided by means of which all persons participating in the meeting can hear each other at the same time, and participation by such means shall constitute presence in person at a meeting. 7. The Fiduciary Investment Committee shall provide information to the Plan’s Service Provider to assist the Plan’s Service Provider in preparing all necessary documents. 8. The Fiduciary Investment Committee shall be accorded the resources and authority appropriate to discharge its responsibilities, including the authority to consult counsel to the Plan and other experts or consultants at the expense of the Plan. The Committee will take part in applicable opportunities for continuing education in matters relating to investments and the Committee responsibilities. 9. This Charter may be amended by action of a majority of the members of the Fiduciary Investment Committee at a meeting or by the Plan Sponsor; providing that, if amended by the Fiduciary Investment Committee, the Fiduciary Investment Committee shall present such Charter, as amended, to the Plan Sponsor at its next regularly scheduled meeting. Administrative Duties: - Confirm that all Plan operations, administrative and otherwise, are being carried out as prescribed by the Plan. - Administer the Investment Policy Statement document, and related documents consistent with current regulations. - Approve or reject and document, and/or authorize a representative to approve or reject any appropriate transaction requests (i.e., loans, hardships, unforeseen emergency withdrawals, distributions). - Confirm and maintain timely remittance of participant contributions. - Maintain reports from each service provider associated with the Plan (Investment Advisor/consultant, recordkeeper, custodian/corporate trustee, actuary, legal counsel). - Establish and/or adopt any necessary amendments or restatements to the Plan Document. - Review general plan provisions annually and implement appropriate changes (with Plan Sponsor Approval). - Review and implement policies to comply with applicable legislation. - Confirm that all necessary reporting to participants, vendors and appropriate governmental agencies is accomplished and documented on a timely basis. - Review and confirm current regulatory compliance status and initiate any appropriate corrections to ensure compliance. - Plan and document all participant education/communications activities. - Review, confirm and document competitiveness the reasonableness of plan expenses and services for each plan vendor. - Provide for Committee fiduciary training as necessary. - Review and confirm maintenance of all fiduciary practice standards. Investment Committee Charter Restatement #1 Executed: ___________________________ (Date) (Name, Title) (Signature) Acceptance of Appointment to Fiduciary Investment Committee: I hereby accept my appointment to serve as a member of the Fiduciary Investment Committee. I understand the fiduciary duties and responsibilities associated with my appointment. Name, Title Date Name, Title Date Name, Title Date Name, Title Date Name, Title Date Name, Title Date Name, Title Date City of Clearwater Defined Contribution Plans Fiduciary Investment Committee Charter 1. The City of Clearwater Defined Contribution Plans Fiduciary Investment Committee shall be composed of individuals appointed by the Plan Sponsor, the City of Clearwater. Members of the Fiduciary Investment Committee shall serve until their resignation, death or removal by the Plan Sponsor. In addition, a member shall be removed from the Committee, without further action by the Plan Sponsor, if the member’s affiliation with City of Clearwater is terminated. The Fiduciary Investment Committee shall act pursuant to authority delegated by the Plan Sponsor, subject at all times to the right of the Plan Sponsor to withdraw such delegation and undertake the responsibilities previously delegated to the Fiduciary Investment Committee directly. Committee members shall discharge their duties with respect to the plan solely in the interest of the participants and their beneficiaries for the exclusive purpose of providing benefits of participants and their beneficiaries and defraying reasonable expenses of administering the plan. Such delegations are valid only to the extent permitted by, and provided for in, the Plan. 2. The purpose of the Fiduciary Investment Committee is to act pursuant to delegated authority by the Plan Sponsor to satisfy the obligations of the Plan Sponsor under applicable federal laws and regulations, including relevant sections of the Internal Revenue Code of 1986, as well as all applicable state laws, as follows: a. Establishing and maintaining the Investment Policy statement; b. Selecting investment options, fees and rates; c. Selecting investment managers; d. Periodically evaluating the Plan’s investment performance and recommending investment option, fee and rate changes; and e. Providing Plan participant investment education and communication. 3. The Fiduciary Investment Committee shall follow all the policies and procedures set forth in the Investment Policy statement (the “Investment Policies”) of the Plan, as from time to time may be amended by the Committee subject to approval by the Plan Sponsor. In case of any conflict between the terms of this Charter and the terms of the Investment Policies, the terms of the Investment Policies shall take precedence over the terms of this Charter and shall govern the activities of the Fiduciary Investment Committee. 4. The Fiduciary Investment Committee shall consist of the following City employees: Finance Director or designee, , one other member from Finance, Human Resources Director or designee, Human Resources Manager of the Benefits Division or designee, and no more than three “at large” members who participate in at least one of the City defined contribution retirement plans. New members will be chosen by vote of the Fiduciary Investment Committee. The Finance Director shall serve as the Chair of the Committee. 5. The Fiduciary Investment Committee shall meet quarterly and at any time the Fiduciary Investment Committee is required to act pursuant to the Investment Policies. 6. A simple majority of members of the Fiduciary Investment Committee shall constitute a quorum for any action to be taken by the Fiduciary Investment Committee at a meeting. A majority of the members constituting a quorum and participating in the meeting may take any action or make any determination at a meeting of the Fiduciary Investment Committee. Members of the Fiduciary Investment Committee may participate in a formal Committee meeting by means of a conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other at the same time, and participation by such means shall constitute presence in person at a meeting. 7. The Fiduciary Investment Committee shall provide information to the Plan’s Service Provider to assist the Plan’s Service Provider in preparing all necessary documents. 8. The Fiduciary Investment Committee shall be accorded the resources and authority appropriate to discharge its responsibilities, including the authority to consult counsel to the Plan and other experts or consultants at the expense of the Plan. The Committee will take part in applicable opportunities for continuing education in matters relating to investments and the Committee responsibilities. 9. This Charter may be amended by action of a majority of the members of the Fiduciary Investment Committee at a meeting or by the Plan Sponsor; providing that, if amended by the Fiduciary Investment Committee, the Fiduciary Investment Committee shall present such Charter, as amended, to the Plan Sponsor at its next regularly scheduled meeting. Administrative Duties: - Confirm that all Plan operations, administrative and otherwise, are being carried out as prescribed by the Plan. - Administer the Investment Policy Statement document, and related documents consistent with current regulations. - Approve or reject and document, and/or authorize a representative to approve or reject any appropriate transaction requests (i.e., loans, hardships, withdrawals, distributions). - Confirm and maintain timely remittance of participant contributions. - Maintain reports from each service provider associated with the Plan (Investment Advisor/consultant, recordkeeper, custodian/corporate trustee, actuary, legal counsel). - Establish and/or adopt any necessary amendments or restatements to the Plan Document. - Review general plan provisions annually and implement appropriate changes (with Plan Sponsor Approval). - Review and implement policies to comply with applicable legislation. - Confirm that all necessary reporting to participants, vendors and appropriate governmental agencies is accomplished and documented on a timely basis. - Review and confirm current regulatory compliance status and initiate any appropriate corrections to ensure compliance. - Plan and document all participant education/communications activities. - Review, confirm and document the reasonableness of plan expenses and services for each plan vendor. - Provide for Committee fiduciary training as necessary. - Review and confirm maintenance of all fiduciary practice standards. Investment Committee Charter Restatement #1 Executed: ___________________________ (Date) (Name, Title) (Signature) Acceptance of Appointment to Fiduciary Investment Committee: I hereby accept my appointment to serve as a member of the Fiduciary Investment Committee. I understand the fiduciary duties and responsibilities associated with my appointment. Name, Title Date Name, Title Date Name, Title Date Name, Title Date Name, Title Date Name, Title Date Name, Title Date Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8817 Agenda Date: 3/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Authorize an annual increase to contract no. 900634 to T. Wayne Hill Trucking, Inc of Bartow, FL, for biosolids disposal services in an annual amount of $380,000 for a new not to exceed total of $970,000 for the remainder of this term with one renewal option and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater’s Water Reclamation Facilities (WRF) produce a residual product (biosolids) that requires hauling and disposal. This increase is required to accommodate the increase in cost for Sludge hauling and disposal due to regulatory changes. The Procurement Division issued Invitation to Bid (ITB) #34-19, Biosolids Management Services on June 12, 2019 and four responsive bids were received. T. Wayne Hill Trucking, Inc. was the lowest responsive, responsible bidder for Base Bid Services at $25.97/wet ton for stabilized biosolids cake removal and disposal and $0.0300/gallon for liquid sludge transport via land application method. In an effort to accommodate other means of disposal, ITB #34-19 included alternate bid items to be used if an issue arose that prevented the primary method of disposal. T. Wayne Hill Trucking, Inc was the lowest responsive, responsible bidder for all alternate bid items as well. In the spring of 2020, the Florida Legislature passed Senate Bill 712 which significantly constrains land application of Biosolids in the state. Land application of Biosolids was the disposal method specified in the base bid of this contract. On March 23, 2020, T. Wayne Hill Trucking, Inc. transitioned to alternate bid item 2A Residuals Management Facility [RMF] disposal option of ITB #34-19 as T. Wayne Hill Trucking, Inc. was unable to secure suitable land application sites. The alternative bid unit price of $55.87 per ton for sludge disposal shall continue to be used, provided the base bid services remain infeasible. The contractor accepts full responsibility and liability for the hauling and disposal of biosolids from the points of loading from the source facility, in accordance with Chapter 62-640, F.A.C. and shall be responsible to comply with existing Florida Department of Environmental Protection (FDEP), the United States Environmental Protection Agency (USEPA) residuals treatment and disposal regulations, all other applicable federal, state and local regulations and any changes made to these regulations during the contract period. The original contract became effective on September 1, 2019, for an initial one-year period with two one-year renewal terms available to the City. Renewal Terms allow for cost increases based on the Consumer Price Index for All Urban Consumers (CPI-U). Renewal prices shall be Page 1 City of Clearwater Printed on 2/26/2021 File Number: ID#21-8817 firm for the respective annual term. APPROPRIATION CODE AND AMOUNT: Budgeted funds are available in Public Utilities’ cost center 530300 Other Contractual Services. Page 2 City of Clearwater Printed on 2/26/2021 Twht T. Wayne Hill Trucking & T. Wayne Hill Technologies 417 Bradshaw Industrial Pkwy. Bartow, FL 33830 Bus: 863-519-6677 Fax: 863-519-6686 Email: swright@twhtrucking.com Website: twhtrucking.com March 23, 2020 Jason Jennings, BSB Division Manager City of Clearwater Public Utilities Department 1650 N. Arcturas Ave. Bldg. C Clearwater, FL. 33765 Jason, As of the writing of this letter, we have no more room for land application, and we will be taking your biosolids to The Compost USA facility in Lake Panasoffkee tomorrow. As you are aware, we are working with our engineers and the FDEP on a new application site that we could utilize in the future if approved. We will keep you posted as to any new developments on that site. If land becomes available we will go back to the land application of your biosolids. We will provide all the necessary documentation from the Residuals Management Facility to show the acceptance and treatment of your biosolids to Class AA levels as prescribed by the FDEP. If you have any questions, please feel free to contact me at any time. Sincerely, Tom Otermat Business Development T. Wayne Hill Trucking, Inc Office: 863 519 6677 Cell: 863 224 8005 Email: totermat@verizon.net FW: Biosolids Land Application Sites Jennings, Jason <Jason.Jennings@MyClearwater.com> Fri 1/29/2021 10:13 AM To: Public Utilities Accounting <PublicUtilitiesAccounting@myclearwater.onmicrosoft.com> Cc: Flanigan, Michael <michael.flanigan@MyClearwater.com>; Gardner, Richard <Richard.Gardner@MyClearwater.com> See below email from Tom Otermat. Jason Jennings City of Clearwater Public Utilities Wastewater Environmental Technologies Manager 1650 N. Arcturas Avenue, Bldg. C Clearwater, FL 33765-1945 Office: (727) 562-4960 Ext.7221 Mobile: (727) 224-7477 Fax: (727) 562-4961 From: Tom Otermat <totermat@twhtrucking.com> Sent: Monday, December 14, 2020 4:13 PM To: Flanigan, Michael <michael.flanigan@MyClearwater.com> Cc: Jennings, Jason <Jason.Jennings@MyClearwater.com>; Shawn Wright <swright@twhtrucking.com>; Gardner, Richard <Richard.Gardner@MyClearwater.com> Subject: RE: Biosolids Land Applicaon Sites CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open aachments unless you recognize the sender and know the content is safe. Micheal, We are currently out of the land applicaon business as the State is geng ready to pass legislaon that will make it nearly impossible to perform the applicaon and the public scruny against the pracce makes it too great of a liability to expose ourselves and our clients to at this me. I am hopeful that the State of Florida changes their mind on the new legislaon but word is that they won’t. I will keep you apprised of that situaon as it develops. Sincerely, Tom Otermat, CCOM Business Development T. Wayne Hill Trucking, Inc. 417 Bradshaw Industrial Pkwy. Bartow, FL. 33830 Office: 863 519 6677 Cell: 863 224 8005 From: Flanigan, Michael <michael.flanigan@MyClearwater.com> Sent: Friday, December 11, 2020 10:54 AM To: Tom Otermat <totermat@twhtrucking.com> Cc: Jennings, Jason <Jason.Jennings@MyClearwater.com>; Shawn Wright <swright@twhtrucking.com>; Gardner, Richard <Richard.Gardner@MyClearwater.com> Subject: Biosolids Land Applicaon Sites Good Morning Tom,   In the attached it states that T Wayne Hill is no longer able to apply biosolids to the permitted sites that it manages for the remainder of CY 2020.  Do you plan on resuming biosolids in January?  Additionally, could you provide the current status of each of the land application sites on our Ag. Use plan?   Please share any questions or concerns.   Thanks, Mike   From: Tom Otermat <totermat@twhtrucking.com> Sent: Friday, September 11, 2020 12:20 PM To: Jennings, Jason <Jason.Jennings@MyClearwater.com>; Shawn Wright <swright@twhtrucking.com> Cc: Flanigan, Michael <michael.flanigan@MyClearwater.com>; Gardner, Richard <Richard.Gardner@MyClearwater.com>; Porter, David <David.Porter@MyClearwater.com>; Craig, Valerie <Valerie.Craig@MyClearwater.com>; Berg, Eryn <Eryn.Berg@MyClearwater.com> Subject: RE: Biosolids Land Applicaon Sites CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open aachments unless you recognize the sender and know the content is safe. Jason, We have not acquired anymore property and at this me and have no more space. I have aached the original leer that shows our fields are full. We will be watching the outcome of the land app rules that are slated for discussion on the 18th of this month. It looks like they are sll on track to eliminate Class B. I will keep you posted. Thanks, Tom Otermat Business Development T. Wayne Hill Trucking, Inc. 417 Bradshaw Industrial Pkwy. Bartow, FL. 33830 Office: 863 519 6677 Cell: 863 224 8005 From: Jennings, Jason <Jason.Jennings@MyClearwater.com> Sent: Friday, September 11, 2020 11:54 AM To: Tom Otermat <totermat@twhtrucking.com>; Shawn Wright <swright@twhtrucking.com> Cc: Flanigan, Michael <michael.flanigan@MyClearwater.com>; Gardner, Richard <Richard.Gardner@MyClearwater.com>; Porter, David <David.Porter@MyClearwater.com>; Craig, Valerie <Valerie.Craig@MyClearwater.com>; Berg, Eryn <Eryn.Berg@MyClearwater.com> Subject: RE: Biosolids Land Applicaon Sites Good morning, I was wondering if you had a chance to address my request yet? See below. Jason Jennings City of Clearwater Public Utilities Wastewater Environmental Technologies Manager 1650 N. Arcturas Avenue, Bldg. C Clearwater, FL 33765-1945 Office: (727) 562-4960 Ext.7221 Mobile: (727) 224-7477 Fax: (727) 562-4961 From: Jennings, Jason Sent: Thursday, September 3, 2020 12:20 PM To: Tom Otermat <totermat@twhtrucking.com>; Shawn Wright <swright@twhtrucking.com> Cc: Flanigan, Michael <michael.flanigan@MyClearwater.com>; Gardner, Richard <Richard.Gardner@MyClearwater.com>; Porter, David <David.Porter@MyClearwater.com>; Craig, Valerie <Valerie.Craig@MyClearwater.com>; Berg, Eryn <Eryn.Berg@MyClearwater.com> Subject: Biosolids Land Applicaon Sites Good aernoon, I hope all is well. I am checking in with you and will do this monthly moving forward to see if you have access to any new land applicaons sites or your current ones have capacity? If you have available capacity at any me on your land applicaon fields we are to send our biosolids there first per our contract. Also, with the monthly emails please send us a cerfied report from you engineer on the status of your current land applicaons sites capacies. If you have any quesons feel free to contact me at your earliest convenience. Jason Jennings City of Clearwater Public Utilities Wastewater Environmental Technologies Manager 1650 N. Arcturas Avenue, Bldg. C Clearwater, FL 33765-1945 Office: (727) 562-4960 Ext.7221 Mobile: (727) 224-7477 Fax: (727) 562-4961 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8873 Agenda Date: 3/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Authorize the award of Invitation to Bid 12-21, Reverse Osmosis (RO) Plant Cartridge Filters, to Harrington Industrial Plastics LLC, of Tampa FL and Harn R/O Systems, Inc, of Venice FL for a cumulative annual not-to-exceed amount of $200,000.00 with the option for two one-year renewals at the City’s discretion and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid (ITB) #12-21 Reverse Osmosis Plant Cartridge Filters was issued on December 22, 2020. Four bids were received and were considered responsive to the requirements set forth in the solicitation. Harrington Industrial Plastics, LLC and Harn R/O Systems, Inc were selected as the lowest, most responsible bidders for Reverse Osmosis Plant Cartridge Filters. Award recommendation is as follows: Harrington Industrial Plastics, LLC - RO1 Primary Filter and RO2 Primary Filter Harn R/O Systems, Inc -RO1 Alternate Filter and RO2 Alternate Filter To ensure a continuity of supply, the Public Utilities Department requests the flexibility to use either vendor as a secondary provider and will allocate a cumulative annual not-to-exceed amount of $200,000 between these contractors to provide cartridge filters as needed. Public Utilities Department operates two reverse osmosis water treatment plants that are equipped with cartridge filter pretreatment. The cartridge filters remove particulate matter such as sand, grit, etc. from the source water to protect the Reverse Osmosis Membranes. Cartridge filter usage rates are determined by the quality of the water source, pre-treatment system efficiency and RO cleaning frequency. Historical cartridge filter life ranges between 3 to 120 days depending on these factors. The contract quantities have taken these life ranges into account. The initial contract period will be March 17, 2021 through March16, 2022, with the option for two one-year renewal terms. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY21 are available in Public Utilities’ cost centers, cost code 550400, operating supplies. Funding for future fiscal years (FY22 through FY24) will be requested within contract calendar and spending limits. Page 1 City of Clearwater Printed on 2/26/2021 February 11, 2021 NOTICE OF INTENT TO AWARD Public Utilities and the Procurement Division recommend award of ITB No. 12-21, Reverse Osmosis Plant Cartridge Filters to Harrington Industrial Plastics, LLC and Harn R/O Systems, Inc., the lowest most responsible bidders, in accordance with the bid specifications, in the cumulative annual not-to-exceed amount of $200,000.00, for a period of one (1) year, with two (2), one (1) year renewal options. Award recommendation is as follows:  Harrington Industrial Plastics, LLC for RO1 Primary Filter and RO2 Primary Filter  Harn R/O Systems, Inc. for RO1 Alternate Filter and RO2 Alternate Filter To ensure a continuity of supply, Public Utilities will have the flexibility to order products from either vendor as a secondary source. This Award recommendation will be considered by the City Council at the March 1,2021 Work Session (9:00 a.m.) and voted on at the March 4, 2021 Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the Eryn Berg at (727) 562-4633, or mailed to City of Clearwater, Attn: Procurement, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Eryn Berg Eryn Berg Procurement Analyst CITY OF CLEARWATER ITB # 12-21; RO Plant Cartridge Filters NOTE: Highlighted Cell indicates a calculation correction. DUE DATE: February 3, 2021; 10:00 AM BID TABULATION SUMMARY ITEM DESCRIPTION Amaya Soltuions, Inc. dba American Water Chemicals 1802 Corporate Center Lane Plant City, FL 33563 Harn R/O Systems, Inc. 310 Center Court Venice, FL 34285 Harrington industrial Plastics 1920 North US Hwy 301 Tampa, FL 33610 Tri-Dim Filter Corporation 1337 SE Dixie Hwy Stuart, FL 34994 1 RO1 Primary Filter -$ 9,000.00$ 5,865.00$ 6,600.00$ 2 RO1 Alternate Filter -$ 12,000.00$ 14,100.00$ 16,200.00$ 3 RO2 Primary Filter 103,700.00$ 123,250.00$ 108,460.00$ 113,900.00$ 4 RO2 Alternate Filter -$ 47,500.00$ 53,550.00$ 58,000.00$ Total Bid Items:103,700.00$ 191,750.00$ 181,975.00$ 194,700.00$ NOTE: Items with a star ( ) indicates intent to award. v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #12-21 Reverse Osmosis Plant Cartridge Filters December 22, 2020 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, February 3, 2021 to provide Reverse Osmosis Plant Cartridge Filters. Brief Description: The City of Clearwater is soliciting sealed bids to supply reverse osmosis (RO) cartridge filters for the Public Utilities’ Reverse Osmosis Water Treatment Plant 1 and Reverse Osmosis Water Treatment 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 Procurement Analyst: Eryn Berg Procurement Analyst Eryn.Berg@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS RO PLANT CARTRIDGE FILTERS 2 ITB #12-21 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: February 3, 2021 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 RO PLANT CARTRIDGE FILTERS 3 ITB #12-21 to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 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. INSTRUCTIONS RO PLANT CARTRIDGE FILTERS 4 ITB #12-21 Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.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. INSTRUCTIONS RO PLANT CARTRIDGE FILTERS 5 ITB #12-21 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. 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 RO PLANT CARTRIDGE FILTERS 6 ITB #12-21 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: 12/22/2020 Advertise Tampa Bay Times: 12/30/2020 Bids due: 02/03/2021 Review bids: 02/04/2021 – 02/10/2021 Award recommendation: 02/10/2021 Council authorization: 03/04/2021 Contract begins: March 2021 STANDARD TERMS AND CONDITIONS RO PLANT CARTRIDGE FILTERS 7 ITB #12-21 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 RO PLANT CARTRIDGE FILTERS 8 ITB #12-21 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 RO PLANT CARTRIDGE FILTERS 9 ITB #12-21 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 RO PLANT CARTRIDGE FILTERS 10 ITB #12-21 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 RO PLANT CARTRIDGE FILTERS 11 ITB #12-21 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 RO PLANT CARTRIDGE FILTERS 12 ITB #12-21 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 RO PLANT CARTRIDGE FILTERS 13 ITB #12-21 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 RO PLANT CARTRIDGE FILTERS 14 ITB #12-21 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. STANDARD TERMS AND CONDITIONS RO PLANT CARTRIDGE FILTERS 15 ITB #12-21 S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS RO PLANT CARTRIDGE FILTERS 16 ITB #12-21 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 nearly 118,017 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach was rated #1 U.S. Beach by TripAdvisor’s Traveler’s Choice Awards in 2018 and 2019 and is consistently ranked as one of the top beaches in the world. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home to Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. BACKGROUND. The City of Clearwater’s Public Utilities Department is the owner and operator of two (2) reverse osmosis water treatment plants that are equipped with cartridge filter pretreatment. Cartridge filter usage rates are determined by the quality of the water source, pre-treatment system efficiency and RO cleaning frequency. Historical cartridge filter life ranges are between 3 - 120 days depending on these factors. RO PLANT SYSTEM CONFIGURATIONS. RO1: Has three (3) housings that contain a total of 258 filters. The City’s estimated annual usage is approximately 1,500 filters which includes RO cleanings. RO2: Has two (2) filter housings containing a total of 372 filters. Annual estimated usage is highly dependent on concentrate recycling and is estimated at approximately 17,000 cartridges per year. Concentrate recycling diminishes the life of the cartridge filter significantly and changeouts have been occurring every four (4) days in the latter half of 2020. When not recycling, cartridge filters typically last between 60 - 90 days. 3. SPECIFICATIONS. The City is requesting bids from qualified vendor(s) to supply reverse osmosis cartridge filters, in various sizes and styles, for the Public Utilities Reverse Osmosis Water Treatment Plant 1 (RO1) and Reverse Osmosis Water Treatment Plant 2 (RO2). The estimated quantities indicated on the Bid Pricing form, page 22 are given only as guidelines for preparing your response and should not be construed as representing an actual amount to be purchased under this contract. The successful bidder(s) will provide a firm price per cartridge filter to be delivered on an as-needed basis. a. RO1 Primary Filter: i. National Sanitation Foundation (NSF) 61 listed polypropylene melt blown filter with core. ii. The filters shall have a multi-layered construction for progressive contaminant removal efficiency and long life. iii. Double open-end style. iv. 29.5” to 30” long. 1.1” internal diameter (I.D.) with a Polypropylene core and a 2.5” +/- 1/16” outside diameter (O.D.) v. One (1) micron nominal rating. vi. Filters must have an active NSF/ American National Standards Institute (ANSI) 61 certification. b. RO1 Alternate Filter: i. NSF 61 listed polypropylene melt blown filter with core. ii. The filters shall have a multi-layered construction for progressive contaminant removal efficiency and long life. iii. The upstream end will be capped with a polypropylene spring. iv. The downstream end will be equipped with a 222 double O-ring seal. O-rings shall be ethylene propylene diene monomer rubber (EPDM). v. Filter end caps must be thermally welded onto the cartridge with no use of glue or other binders. DETAILED SPECIFICATIONS RO PLANT CARTRIDGE FILTERS 17 ITB #12-21 vi. Total filter length shall be 32” to 32.25” with a Polypropylene core and a 2.5” +/- 1/16” (O.D.). vii. One (1) micron nominal rating. viii. Filters must have an active NSF/ANSI-61 certification. c. RO2 Primary Filter: i. NSF 61 listed polypropylene string wound filter. ii. Double open-end style. iii. 39.5” to 40” long. 1.1” (I.D.) with a Polypropylene core and a 2.5” +/- 1/16” O.D. iv. Five (5) micron nominal rating. v. Filters must have an active NSF/ANSI-61 certification. d. RO2 Alternate Filter: i. NSF 61 listed polypropylene melt blown filter with core. ii. The filters shall have a multi-layered construction for progressive contaminant removal efficiency and long life. iii. The upstream end will be capped with a polypropylene spring. iv. The downstream end will be equipped with a 222 double O-ring seal. O-rings shall be EPDM. v. Filter end caps must be thermally welded onto the cartridge with no use of glue or other binders. vi. Total filter length shall be 42” to 42.25” with a Polypropylene core and a 2.5” +/- 1/16” O.D. vii. Five (5) micron nominal rating. viii. Filters must have an active NSF/ANSI-61 certification. 4. MINIMUM QUALIFICATIONS. a. Quality Standards: i. Cartridge filters shall be constructed with 100% Food and Drug Administration (FDA) grade polypropylene material approved for potable water use. Filters must be listed as NSF 61 compliant. ii. The same cartridge filter manufacturer must manufacture the entire allotment of cartridge filters for the entire term of the contract. iii. The successful bidder must be able to provide technical support by a manufacturer’s representative. iv. Cartridge shall be free of any surfactants or other finishes. v. Cartridge must be manufactured in a facility dedicated and constructed with the sole purpose of manufacturing filters. Plant must maintain complete production records and track production by lot numbers. b. Emergency Reserve: The awarded vendor will keep a reserve of primary filters for each RO plant at their warehouse available for immediate shipment within three (3) business days of order. The reserve will consist of approximately 500 of the “RO1 Primary Filter” and 1,500 of the “RO2 Primary Filter”. c. Bid Submittal Requirements: The following information must be included you’re your bid. Failure to submit the requested information may result in the bid being considered non- responsive. i. A copy of the vendor’s NSF/ANSI Standard 61 certification or a printout from the NSF site showing a valid certification. ii. Original manufacturer(s) name and contact information. iii. “Cut sheet” or information for each of the filter styles which details the part number interpretation, key features and dimensions. 5. REFERENCES. Vendor must provide, with bid submittal, a minimum of three (3) customer references, preferably within the State of Florida in the past three (3) years, using the DETAILED SPECIFICATIONS RO PLANT CARTRIDGE FILTERS 18 ITB #12-21 manufacturer’s five (5) micron and/or one (1) micron filters in a municipal potable water application employing Nanofiltration or reverse osmosis membranes. 6. DELIVERY. a. The typical quantity of filters ordered is estimated at 1,000 — 5,000 filters per order on an as-needed basis. b. The filters will be packaged in carboard boxes with a plastic liner to protect the filters from contamination. There will be between 15 — 30 filters in each box. c. The boxes will be clearly labeled with the filter part number, manufacturer, lot number and date manufactured. d. All normal (non-emergency) deliveries shall be made within forty-five (45) days after receipt of order. e. All emergency deliveries shall be made within three (3) business days after receipt of order. f. The City of Clearwater reserves the right to change quantities and delivery dates at their discretion within a 24-hour notice of placing an order. g. 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. h. Delivery locations and staffed hours of operation: Site Name Site Address Staffed Hours RO1 1657 Palmetto Street, Clearwater, FL 33765 Contact #1: 727-434-4135 Mon-Fri 6:30am-10:30pm RO2 21133 US Hwy 19 N, Clearwater, FL 33765 Contact #1: 727-224-7736 Mon-Fri 6:30am-10:30pm 7. 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 DETAILED SPECIFICATIONS RO PLANT CARTRIDGE FILTERS 19 ITB #12-21 hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. 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 #12-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES RO PLANT CARTRIDGE FILTERS 20 ITB #12-21 1. BEGINNING AND END DATE OF INITIAL TERM. March 2021- February 2022 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 333999, Filters and Strainers 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 RO PLANT CARTRIDGE FILTERS 21 ITB #12-21 1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format (if requested) Bid container properly labeled Bid pricing form Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form Minimum of three customer (3) references- match to requirements A copy of NSF/ANSI Standard 61 certification Original manufacturer(s) name and contact information. “Cut sheet” or information for each of the filter styles which details the part number interpretation, key features and dimensions W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING RO PLANT CARTRIDGE FILTERS 22 ITB #12-21 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Reverse Osmosis Plant Cartridge Filters to the City of Clearwater at the price(s) stated below. Filter Style Annual Estimated Quantity (A) Unit Cost (EA) (B) Total Cost (A*B) RO1 Primary Filter 1,500 $ $ RO1 Alternate Filter 1,500 $ $ RO2 Primary Filter 17,000 $ $ RO2 Alternate Filter 5,000 $ $ NOTES:  Vendors are not required to bid on all items. Vendors should only bid on items that they can provide per the DETAILED SPECIFICATIONS outlined in this solicitation. DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices must include all freight and transportation charges PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA RO PLANT CARTRIDGE FILTERS 23 ITB #12-21 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 RO PLANT CARTRIDGE FILTERS 24 ITB #12-21 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. SCRUTINIZED COMPANIES FORM RO PLANT CARTRIDGE FILTERS 25 ITB #12-21 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by ______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE E-VERIFY ELIGIBILITY FORM RO PLANT CARTRIDGE FILTERS 26 ITB #12-21 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)©. 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE OFFER CERTIFICATION By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: REFERENCES RO PLANT CARTRIDGE FILTERS 28 ITB #12-21 Instructions: The Vendor must provide, with bid submittal, a minimum of three (3) customer references, preferably within the State of Florida within the past three (3) years, using the manufacturer’s five (5) micron and/or one (1) micron filters in a municipal potable water application employing Nanofiltration or reverse osmosis membranes. Complete and return with bid submittal. Reference # 1 Name: Start of Contract: End of Contract: Address City / State / Zip Contact Person: Phone: Email: Product(s) supplied: Reference # 2 Name: Start of Contract: End of Contract: Address City / State / Zip Contact Person: Phone: Email: Product(s) supplied: Reference # 3 Name: Start of Contract: End of Contract: Address City / State / Zip Contact Person: Phone: Email: Product(s) supplied: Vendor Name Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER RO PLANT CARTRIDGE FILTERS 29 ITB #12-21 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #12-21; Reverse Osmosis Plant Cartridge Filters Due Date: February 3, 2021 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 #12-21; Reverse Osmosis Plant Cartridge Filters Due Date: February 3, 2021 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#21-8921 Agenda Date: 3/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve a contract with Baker Tilly US, LLP, in the amount of $26,500, for executive recruitment services for the position of City Manager and authorize the appropriate officials to execute same. SUMMARY: In February 2021, Request for Proposals #15-21 executive recruiting services was issued. Nine qualified responses were received and evaluated by an RFP committee consisting of the City Attorney, Finance Director, and Human Resources Director. Baker Tilly was selected to serve as the executive recruitment firm to handle the recruitment of the City Manager. This agreement includes the following: development of a position profile, advertising, and candidate outreach, applicant screening and assessment; recommendation of semi-finalist; comprehensive background, academic verifications, and reference checks; on site interviews, and negotiation assistance. The $26,500 authorization is an all-inclusive professional fee, and the firm can begin immediately upon approval, with an anticipated completion date of 120 days, however, there is flexibility in the time frame. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 0109902-530100, professional services, to fund this contract. Page 1 City of Clearwater Printed on 2/26/2021 City of Clearwater, Florida RFP #15-21 Proposal to provide executive recruiting services February 11, 2021 Contents Baker Tilly US, LLP, trading as Baker Tilly, is a member of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. 1. LETTER OF TRANSMITTAL ............................................ 1 2.DEMONSTRATED EXPERIENCE OF FIRM ANDPROJECT PERSONNEL ...................................................... 3 a. PROJECT TEAM ..................................................................... 5 b. EXPERIENCE CONDUCTING SIMILAR PROJECTS .......... 14 c. ORGANIZATION OF PROJECT TEAM ................................. 16 d.ANTICIPATED SUPPORT FROM THE CITY OFCLEARWATER .......................................................................... 17 3. PROJECT METHODOLOGY, APPROACH ANDTIMELINE ............................................................................18 a.APPROACH TO PERFORMING THE CONTRACTED WORK . 18 b. DETAILED TIMELINE ............................................................ 26 4. REFERENCES ................................................................27 5. COST OF CONSULTING SERVICES ..............................28 PROFESSIONAL FEE ............................................................... 28 TRIPLE GUARANTEE ............................................................... 29 6. OTHER FORMS ..............................................................30 EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA FORM . 31 VENDOR INFORMATION FORM .............................................. 32 VENDOR CERTIFICATION OF PROPOSAL FORM ................. 33 SCRUTINIZED COMPANIES FORM(S) AS REQUIRED .......... 34 E-VERIFY ELIGIBILITY FORM .................................................. 36 W-9 FORM. INCLUDE A CURRENT W-9 FORM...................... 37 APPENDIX I: SAMPLE BROCHURE .................................... i APPENDIX II: SAMPLE EXCERPT OF TTI REPORT ........ viii City of Clearwater, Florida Page | 1 Baker Tilly US, LLP 2500 Dallas Parkway, Suite 300 Plano, TX 75093 T: +1 (972) 748 0300 F: +1 (214) 452 1165 bakertilly.com 1. Letter of transmittal February 11, 2021 Ms. Lori Vogel, CPPB Procurement Manager City of Clearwater PO Box 4748 Clearwater, FL 33758-4748 Dear Ms. Vogel; Baker Tilly US, LLP (Baker Tilly) appreciates the opportunity to submit the following proposal for executive recruitment services to the City of Clearwater (the City) to help you identify your next City Manager. We believe that our record of successfully placing qualified and very accomplished professionals, along with our extensive experience providing executive recruitment services to cities, counties and other public-sector and nonprofit organizations nationwide will be beneficial for your recruitment and allow us to find candidates possessing the leadership traits, skills, experience and overall competence you desire for your organization. We know that you have options when it comes to selecting a recruitment firm. However, we believe that our unique approach, highly regarded customer service practices, and our record of identifying and recruiting top level executives in similar roles, sets us apart from our competitors. Additionally, we offer the following unique features: − Commitment to a successful recruitment is guaranteed: Baker Tilly will be meticulous and responsive to you - the client - and with prospective applicants using an approach of “doing whatever it takes to get the job done right!” Please notice our “Triple Guarantee” referenced in this proposal. − Focused strategy for success: Baker Tilly will conduct a comprehensive, national search to identify exceptional candidates with a proven record of strong leadership and management. Baker Tilly recommends advertising and recruiting nationally, but will also focus on making contact with city management professionals that are currently working in the mid-Atlantic and Southeastern states believing that a regional focus can sometimes bring in candidates more knowledgeable about the nuances of working in Florida and this part of the Country. − Talented and experienced recruitment consultants: Baker Tilly’s recruitment team is outstanding! Baker Tilly has provided executive recruitment and human resources related services to local governments for more than 30 years. Our team has had tremendous success working on recruitments throughout the country and we encourage you to contact our references. The professional experience of our consultants includes three former city managers/administrators, a former human resources director, police chief and a former superintendent of schools. The result – a cohesive and highly experienced consultant team that possesses a thorough and detailed understanding of the leadership, experience, training and certifications required for this position, which ultimately benefits Clearwater with a more targeted and qualified pool of candidates. − Video Interviews to screen semi-finalists: Baker Tilly will use an online video interview process to assist the Mayor and City Council in narrowing down semi-finalists to a smaller group of finalists as part of the all-inclusive fee. This will assist the Mayor and City Council in screening candidates, and could possibly reduce costs by eliminating unnecessary travel expenses for on-site interviews. − Leadership assessment of finalists: Baker Tilly will conduct a strengths assessment and management/leadership style testing, which some may refer to as “personality and behavioral testing.” This assessment is completed online by the finalists prior to interviews and determines if a candidate’s management style matches the profile created by the City in an effort to find the “ideal” candidate and determine whether each candidate is a good fit for Clearwater and the community. − Comprehensive vetting of finalists (includes social media search): Baker Tilly’s multiple layered vetting process of screening candidates provides a qualified pool of individuals to consider with not only the skills 1. Letter of transmittal City of Clearwater, Florida Page | 2 and experience desired, but most importantly, a leadership and management style that best fits the City and community. The screening process includes detailed candidate questionnaires, video interviews, leadership and strengths assessment, a comprehensive candidate background review, comprehensive report on each candidate’s media and on-line presence, and a comprehensive reference report on all finalists prior to interviews occurring. (Please Note: Baker Tilly must conduct these background checks for the “Triple Guarantee” to remain in effect). − Commitment to pursue a diverse pool of candidates: Baker Tilly will take responsibility for ensuring diversity in our candidate pools. In your recruitment, we will use our established networks to make direct and personal contact with prospective minority and female candidates and encourage them to consider an opportunity with the City of Clearwater. − Online application and communication system: We utilize a proprietary online application system exclusively licensed to facilitate talent management for our clients. The system has been designed to customize applicant flow and tracking, allowing for ease of communication with applicants. Finding candidates with the desired levels of experience and specific knowledge of local government management trends can sometimes be challenging. Of equal importance, we want to ensure that your next City Manager is a “great fit” for the City of Clearwater and the community. Our professional background and many years of experience in recruiting local government managers will provide you valuable insight into finding and selecting the best candidate. We understand the City is looking for a timely, effective, efficient, responsive, well-managed and thorough search process to recruit and identify highly qualified candidates for its next City Manager. Baker Tilly will work with the City to understand the desired qualities and professional capabilities that are most important to your organization for this recruitment. This information helps us present the City of Clearwater and the vacancy to well-regarded candidates, emphasizing the opportunities for leadership and professional growth as well as presenting the City of Clearwater as a vibrant and thriving community in which to live. Because of the pandemic we are facing, we will work closely with the City Council to develop processes for successfully completing all the tasks and initiatives typically involved in the recruitment process for a city manager. This will be done by creatively working with the technology tools we currently utilize, providing you access to information you need to make decisions, along with the capability to utilize video conferencing to conduct meetings, for interviews of candidates, etc. The proposed project team leader for your recruitment is Art Davis in our Kansas City location. Art will be able to provide on-site support and assistance, if requested, when the time comes to organize final on-site interviews. We recognize that there is significant competition for experienced local government managers today. For this reason, we work with you to develop a recruitment strategy that includes an aggressive marketing, recruiting and candidate outreach campaign. As you know, a successful recruitment often depends upon the ability to reach successful executives who may not necessarily be in search of new employment opportunities. Thus, we will use existing resources to inform and encourage qualified professionals to apply for this opportunity and believe that these efforts are critical to ensuring the City receives a qualified and diverse candidate pool. We take pride in our ability to provide the City Council with comprehensive information about each candidate we present, expanding beyond applications and resumes, to better understand their professional experience, the leadership and management style they will bring to your organization, and their motivation for pursuing this career opportunity. We also assist you in the preparation of interview questions, interview day scheduling, planning and structuring as needed. This proposal details our approach, expertise, references and pricing for this executive recruitment. We would consider it a professional privilege to provide these services to the City of Clearwater. Very truly yours, BAKER TILLY US, LLP Chuck Rohre, Firm Director Art Davis, Director Authorized Representative Project Team Leader M: +1 (214) 608 7477 M: +1 (816) 868 7042 E: chuck.rohre@bakertilly.com E: art.davis@bakertilly.com City of Clearwater, Florida Page | 3 2. Demonstrated experience of firm and project personnel Firm introduction Baker Tilly is a nationally recognized firm with a long history of service to clients located throughout the country. For more than 85 years, Baker Tilly has understood that our business demands absolute integrity, a belief in the value of trusted relationships and a willingness to collaborate with every client. We will strive to continue to deepen and enhance our relationship with the City as we seek to become your Value Architect™. Executive recruitment for public and non-profit clients has been a part of Baker Tilly’s portfolio of advisory services for more than 30 years. Within Baker Tilly, our executive recruitment team consists of 10 recruitment consultants and project coordination staff available to meet your executive recruitment needs. Each consultant assigned to this recruitment has experience working with cities, counties, special districts and school districts and the many different disciplines that comprise the City of Clearwater organization. Our consultants bring an experienced, participatory and energetic perspective to each engagement; our unique approach and personal touch are reflected in our internal standard to provide outstanding services that exceed your expectations. Since 2015, our combined consultant team has conducted nearly 500 executive searches. The Baker Tilly project team will collaborate with the City Council and the City’s designated staff as your technical advisor to ensure that the recruitment process for your next City Manager is conducted in a thorough and professional manner consistent with “best practices” in the public sector executive recruitment space. Our objective is to generate highly qualified candidates and assist you with the screening and evaluation of these candidates. Since our firm’s beginning, we have emerged as a leader in human resource management consulting and executive recruitment. It is our 30+ years of consulting experience, coupled with our unique approach and personal touch that drives our internal standard for delivering only outstanding services and leading-edge products. Why Baker Tilly is ideally suited to serve Clearwater There are many reasons Baker Tilly has distinguished itself from peers in public sector executive recruitment. – We are experienced and passionate about what we do. Baker Tilly executive recruitment consultants are highly experienced and passionate about local government since all have spent a significant part of their professional careers in senior leadership positions for cities, counties and school districts. The Baker Tilly team has recruited and placed more than 1,400 executive-level positions within cities, counties, school districts and public and not-for-profit organizations since 2000. – We are focused on exceeding your expectations. We believe in local government and want to assist the City of Clearwater organization in building a great team. We 2. Demonstrated experience of firm and project personnel City of Clearwater, Florida Page | 4 want your organization to hire us again based on the success we achieve the first time we work together. – We believe that “ethical business practices” are a catalyst for success. These practices include operating with transparency, responsiveness and sensitivity to the culture of your organization while pursuing an unrelenting commitment to high quality and professional services. – We believe in diversity. Our corporate core values and work environment reflect our broader social aspirations for a diverse workforce, equal opportunity and cross-cultural respect. We take responsibility for diversity in our organization, our recruitment strategy and our candidate pools. We are corporate members of the National Forum for Black Public Administrators (NFBPA) and the Hispanic Network and are on their National Corporate Advisory Council. – We conduct a timely, high-quality recruitment that is within budget. For an all-inclusive, not-to-exceed professional fee that includes the cost of professional services by the project team leader, the project support staff and all project related expenses such as advertising, preparation of a recruitment brochure, background, reference and academic verification checks and travel expenses for up to three on-site visits. We work with you to establish a timeline, respond to the City’s needs and to unexpected circumstances that may develop during the course of a recruitment in order to expedite the recruitment, but not at the expense of finding high quality candidates for the City of Clearwater. – We utilize the latest technologies that uniquely sets us apart. Technology plays an important role in the Baker Tilly executive recruitment process. From our proprietary video interview system and our management/leadership style assessment analysis, to our proprietary online application system, we efficiently manage candidate information and provide the City with unique information about each candidate’s leadership and management style and ability to respond extemporaneously to video questions. – We offer a “Triple Guarantee” that commits Baker Tilly to the City’s success. – We remain focused to assist with your executive recruitment until you make an appointment – We guarantee your executive recruitment for 12 months against termination or resignation for any reason – or we come back to fill the City Manager position for no additional professional fee – We will not directly solicit any candidates selected under this contract for another position while the candidate is employed with your organization Benefits to Clearwater Selecting Baker Tilly to conduct your executive recruitment provides you with the following benefits: − Comprehensive and structured process: Our process is comprehensive and seamless, reflecting our years of interaction with local government employers and prospective candidates. − Transparency: Baker Tilly comes to the City without having any preconceived notions or expectations about the Clearwater and prospective candidates. The Baker Tilly team works closely with the City to make sure the process is transparent. − Candidate recruitment: Baker Tilly actively recruits qualified candidates, drawing from our extensive personal and professional connections with capable individuals 2. Demonstrated experience of firm and project personnel City of Clearwater, Florida Page | 5 around the state, region and nation and assuring the City of its access to established managers and rising stars. The ability to widely recruit for prospective candidates is one of the primary benefits of using Baker Tilly. − Focused use of the City’s time: Baker Tilly’s comprehensive process incorporates the active participation of City Council members at key steps in the process. Our process keeps decision makers fully advised and informed of all aspects of the process without requiring them to expend large amounts of time on the recruitment process or to put aside other pressing issues facing the City. − Minimize staff disruption: Baker Tilly’s search process also minimizes disruptions to City staff, some of whom may have additional duties in this time of transition. Because conducting a thorough recruitment can be time-consuming, Baker Tilly’s involvement allows staff to stay focused on their primary and assigned functions. − Thorough evaluation of candidates: The City of Clearwater seeks a City Manager of sound professional and personal character. Baker Tilly’s process includes a thorough evaluation of the final candidates, including detailed information from references and a careful review of background records. a. Project team The Baker Tilly project team is designed specifically for the City of Clearwater. The project team represents experienced professionals who will be working on this City Manager recruitment. Our service team is selected to meet four very specific objectives for the City: 1) it represents the staff who will be directly responsible for your projects; 2) it provides a range of expertise to cover the range of service requirements; 3) it provides a national perspective of experience and institutional knowledge to achieve your future objectives; and 4) it represents the commitment to take personal and professional responsibility for the services and outcomes for the City of Clearwater. 2. Demonstrated experience of firm and project personnel City of Clearwater, Florida Page | 6 Art Davis Art Davis, a director with Baker Tilly, has pursued his passion to improve local government and create great communities for more than 30 years. Baker Tilly US, LLP Director 9229 Ward Parkway Suite 104 Kansas City, MO 64114-3311 United States T +1 (816) 912 2036 M +1 (816) 868 7042 art.davis@bakertilly.com bakertilly.com Education Master of Public Administration University of Kansas (Lawrence, Kansas) Bachelor of Arts, Political Science and Public Administration William Jewell College (Liberty, Missouri) Art specializes in providing executive recruitment and organizational management consulting services for cities, counties and not-for-profits. Specific experience ­ Successfully launched and expanded his own local government consulting firm over the course of 10 years ­ Nearly 15 years’ experience in executive recruitment ­ Community leadership program facilitation ­ Leadership and management development ­ Strategic goal setting and strategic planning facilitation ­ Organizational assessment, design and development ­ Organization and community facilitation ­ Served more than six years as associate director for the Civic Council of Greater Kansas City, a nonprofit, 501c4 membership organization comprised of CEOs representing some of the largest companies in the region ­ Coordinated and organized a strategic and master planning process (and an update of the plan after four years) focused on re-developing downtown Kansas City, involving hundreds of stakeholders ­ Served nearly six years as city administrator for Lee’s Summit, Missouri and in other local government positions in Kansas ­ Served as assistant to the Mayor of Dallas, Texas ­ Led and participated in a wide variety of community initiatives; served on a major hospital board for 13 years and on other not-for-profit boards ­ Presented with the L.P. Cookingham Award by the Greater Kansas City Chapter of the American Society for Public Administration, recognizing his long-term and outstanding contributions in the field of public administration Industry involvement ­ International City/County Management (ICMA), member since 1984 2. Demonstrated experience of firm and project personnel City of Clearwater, Florida Page | 7 Charles A. Rohre Chuck Rohre, a firm director at Baker Tilly, has more than 35 years of experience managing and consulting in both the private and public sectors. Baker Tilly US, LLP Firm Director 2500 Dallas Parkway Suite 300 Plano, TX 75093 United States T +1 (214) 466 2436 M +1 (214) 608 7477 chuck.rohre@bakertilly.com bakertilly.com Education Master’s Degree, Human Relations and Management Abilene Christian University (Dallas, Texas) Bachelor of Science, Career Development Abilene Christian University (Dallas, Texas) Chuck is responsible for managing and conducting executive recruitment engagements for the firm to ensure their integrity, timeliness and adherence to budget parameters. He also directs the professional and support staff of the executive recruitment practice to ensure best practices, quality control and customer service goals are met. Specific experience ­ Manager of the executive recruitment practice ­ Extensive and successful track record of completed recruitments across the nation, especially in Texas, Colorado, Arizona, and the Midwestern states ­ Has led more than 400 recruitment engagements in 27 states for key executives such as city and assistant city managers, police chiefs, fire chiefs, library directors, chief information officers, city/county attorneys, parks & recreation directors, finance directors and public works directors, as well as executive directors of not-for-profit and quasigovernmental organizations ­ Conducted management consulting assignments in a number of disciplines including public safety, career development and strategic planning ­ Written and presented training in a variety of subject areas including personnel assessment, leadership and management skills, and career development for public sector employees ­ Prior to beginning his consulting career, served as police chief and director of public safety for North Texas municipalities with populations ranging from 9,000 to 200,000 plus Continuing professional education ­ Certified Behavior Analyst by TTI, Inc. ­ Advanced management training at the Institute for Law Enforcement Administration ­ Federal Bureau of Investigation, LEEDS course ­ Annual participation in the International City/County Management Association Conference ­ Annual participation in state and municipal league conference 2. Demonstrated experience of firm and project personnel City of Clearwater, Florida Page | 8 Patricia Heminover Patty Heminover, a director with Baker Tilly, has more than 20 years of experience in local government. Baker Tilly US, LLP Director 380 Jackson Street Suite 300 Saint Paul, MN 55101 United States T +1 (651) 223 3058 M +1 (651) 968 7841 patty.heminover@bakertilly.com bakertilly.com Education Master of Education, Administration Minnesota State University – Mankato Mini MBA Program, Human Resources Management University of Saint Thomas (Saint Paul, Minnesota) Bachelor of Science, Consumer Science, Business Administration Minnesota State University – Mankato Patty has been with the firm since 2010. Prior to joining Baker Tilly, she was a superintendent, assistant superintendent, director of human resources and director of finance. She brings considerable experience identifying management talent, leading organizational and process improvements, and developing and administering budgets. Specific experience − Executive Recruitment, employee development, benefits administration, strategic planning, performance management, market compensation studies, workforce planning, recognition programs and process improvement − Experience identifying management talent, leading organization and process improvements, and developing and administering budgets − Understanding of human resources and finance − Experience working with governing boards − Served as superintendent, co-superintendent of schools, director of human resources and finance, director of human resources and business services for two Minnesota school districts − Facilitated discussions with legislators at the state level regarding education funding, securing new funding for a Minnesota school district Industry involvement – Minnesota Association of School Administrators (MASA) – American Association of School Administrators (AASA) – Minnesota Association of School Business Officials (MASBO) – River Heights Chamber of Commerce, Member – State Negotiators Association, Minnesota School Board Association – Patty has received a School Finance Award, technology leadership awards and helped establish the first K-12 International Baccalaureate School District in Minnesota Continuing professional education − Human Resource Certificate, University of St. Thomas − Superintendents Licensure, State of Minnesota 2. Demonstrated experience of firm and project personnel City of Clearwater, Florida Page | 9 Sharon G. Klumpp Sharon Klumpp, a director with Baker Tilly, has worked on behalf of local governments for more than 35 years and partnered with them to build strong organizations. Baker Tilly US, LLP Director 380 Jackson Street Suite 300 Saint Paul, MN 55101 United States T +1 (651) 223 3053 M +1 (651) 270 6856 sharon.klumpp@bakertilly.com bakertilly.com Education Master of Public Administration University of Kansas (Lawrence, Kansas) Bachelor of Arts, Political Science Miami University (Oxford, Ohio) Sharon specializes in providing executive recruitment, organizational management and facilitation services to local governments and nonprofits. Specific experience ­ More than 15 years’ experience in executive search and organizational management consulting ­ Served as associate executive director for the League of Minnesota Cities ­ Appointed executive director of the Metropolitan Council, a seven-county regional planning agency for the Minneapolis-Saint Paul metropolitan area ­ Served as city administrator in Oakdale, Minnesota and assistant city manager for St. Louis Park Minnesota and Saginaw, Michigan ­ Private sector experience includes serving as the chief administrative officer for the Minneapolis office of a major global engineering and design firm ­ Served as an adjunct instructor at Walden University, teaching public administration and organizational change in the University’s School of Management Industry involvement ­ International City/County Management Association (ICMA) 2. Demonstrated experience of firm and project personnel City of Clearwater, Florida Page | 10 Anne Lewis Anne Lewis, a director with Baker Tilly, has worked for local governments for nearly 20 years. Baker Tilly US, LLP Director 8219 Leesburg Pike Suite 800 Tysons, VA 22182 United States T +1 (703) 923 8214 anne.lewisl@bakertilly.com bakertilly.com Education Master of Science, Organizational Leadership and Public Administration Shenandoah University (Winchester, Virginia) Bachelor of Science, Business Administration and Management Shenandoah University (Winchester, Virginia) Prior to joining Baker Tilly, Anne served as an Assistant County Administrator for a Virginia county, a Deputy City Manager and an Assistant City Manager for two Virginia cities. Over the last 17 years, her experience in local government has also included positions as an Emergency Management Deputy Director, Public Information Officer, Human Resources Manager, Parking Authority Executive Director, Housing Director, Transit Director and Convention & Visitors Bureau Executive Director. She also has had responsibility for parks, recreation and community services, information technology, animal services, general services and legislative programs. Industry involvement ­ International City/County Management Association, Credentialed Manager (ICMA) − Task Force on Recruitment Guidelines Handbook − Task Force on Women in the Profession − Task Force on Internship Guidelines ­ Virginia Local Government Management Association (VLGMA), former member of Executive Board ­ Virginia Women Leading Government ­ Government Finance Officers Association (GFOA) Community involvement ­ Shenandoah University Alumni Association, Executive Committee ­ Shenandoah Apple Blossom Festival©, Board of Directors Continuing professional education ­ Graduate Certificate in Public Management ­ Senior Executive Institute and LEAD graduate, The Weldon Cooper Center, University of Virginia 2. Demonstrated experience of firm and project personnel City of Clearwater, Florida Page | 11 Edward G. Williams, Ph.D. Edward Williams, a director at Baker Tilly, brings character, competence and expertise to every search. Baker Tilly US, LLP Director 2500 Dallas Parkway Suite 300 Plano, TX 75093 United States T +1 (214) 842 6478 M +1 (214) 608 6363 edward.williams@bakertilly.com bakertilly.com Languages English Spanish Education Ph.D., Educational Leadership and Policy Analysis University of Missouri (Columbia, Missouri) Master of Higher Education Administration University of Missouri (Kansas City, Missouri) Bachelor of Arts, Education University of Missouri (Kansas City, Missouri) Edward has more than 20 years of collective experience in human resources and organizational development at various levels, and across various disciplines including, state and local government, community and educational institutions. Specific experience ­ Human resources executive (municipal and state government) ­ Executive recruitment, employee development, benefits administration, strategic planning, Performance management, market compensation studies, workforce planning, recognition programs and process improvement Industry involvement ­ Society for Human Resources (SHRM) ­ Institute for Management Studies (IMS), advisory board ­ Texas Municipal Human Resources Administration (TMHRA) Community involvement ­ Ft. Bend Habitat for Humanity, president, vice-president, secretary and member, board of (2014-2019) ­ AAU basketball coach – middle school boys Continuing professional education ­ Institute for Management Studies - Houston ­ International Personnel Management Association 2. Demonstrated experience of firm and project personnel City of Clearwater, Florida Page | 12 Cecilia Hernández Cecilia Hernandez is a senior recruitment analyst with Baker Tilly’s executive recruitment practice. Baker Tilly US, LLP Senior Recruitment Analyst 2500 Dallas Parkway Suite 300 Plano, TX 75093 United States T +1 (214) 736 1606 cecilia.hernandez@bakertilly.com bakertilly.com Languages English Spanish Education Bachelor of Science, Public Affairs University of Texas at Dallas (Richardson, Texas) Master of Public Affairs with a Local Government Concentration University of Texas at Dallas (Richardson, Texas) Cecelia is responsible for supporting the consultants throughout each recruitment process and keeps in contact with the candidates for any questions or concerns they have. Specific experience ­ Communicates with and sends out candidate questionnaires to candidates once the field of applicants for a position has narrowed to a smaller group ­ Responsible for creating reports used and sent to clients, submits candidates’ information for background checks and verification of their education, as well as scheduling interviews for finalists ­ Worked for a Texas city government as the records management clerk and provided administrative support for the city secretary department; responsibilities were extended to also provide support for the City Manager and prepare for City Council meetings ­ Worked for a Dallas area university humanities department; worked closely with event coordinator and manager to ensure that programs and events scheduled ran smoothly; was a contact for students and provided support 2. Demonstrated experience of firm and project personnel City of Clearwater, Florida Page | 13 Jenelle McDonald Jenelle McDonald, a senior recruitment analyst at Baker Tilly, has been with the firm since 2016. Baker Tilly US, LLP Senior Recruitment Analyst 2500 Dallas Parkway Suite 300 Plano, TX 75093 United States T +1 (214) 466 2445 jenelle.mcdonald@bakertilly.com bakertilly.com Education Bachelor of Business Management Arlington Baptist College (Arlington, Texas) She assists in the organizational management of executive recruitments. Her responsibilities include conducting research, organizing workflow, coordinating information and resources, and assisting candidates and clients throughout all phases of an executive recruitment. In addition, she also facilitates recruitment brochure design and is responsible for training new executive recruitment support staff. Prior to joining the Baker Tilly team, Jenelle was an operations manager with a real estate investment firm where she handled accounts payable, marketing, project budgeting, home renovations, tenant communication and investor dividend payments. Jenelle has over fifteen years of experience supporting multiple departments, specifically in branch banking and business development. 2. Demonstrated experience of firm and project personnel City of Clearwater, Florida Page | 14 b. Experience conducting similar projects The following is a list of executive recruitments recently conducted by members of the Baker Tilly team. The recruitments highlighted in gold represent projects conducted by Art Davis, the designated Project Team Leader for this executive recruitment. List of relevant projects: 2016 to present Year Client State Project Population Current College Park MD City Administrator 32,196 Current Corpus Christi TX Assistant City Manager 323,733 Current Evansville WI City Administrator/Finance Director 5,378 Current Lancaster County SC County Administrator 100,000 Current Long Grove IL Village Manager 7,956 Current Maple Plain MN City Administrator 1,807 Current Moline IL City Administrator 41,902 Current Rockville MD Deputy City Manager 70,000 2020 Athens TX City Manager 12,797 2020 Boone County IL County Administrator 53,513 2020 Eau Claire WI City Manager 68,866 2020 Fairmont MN City Administrator 10,126 2020 Front Royal VA Town Manager 15,239 2020 Kansas City MO City Manager 495,943 2020 Lake Ozark MO Asst City Admin/Comm Eco Dev Director 1,792 2020 Maple Plain MN City Administrator 1,807 2020 Matanuska-Susitna Borough AK Borough Manager 108,317 2020 Herington KS City Manager 2,300 2020 Missouri City TX City Manager 74,705 2020 Moose Lake MN City Administrator 2,798 2020 Oakdale MN City Administrator 28,083 2020 Rochester MN City Administrator 114,011 2020 Scottsbluff NE City Manager 14,874 2020 St. Joseph MO City Manager 74,959 2019 Beeville TX City Manager 12,937 2019 Cloquet MN City Administrator 11,938 2019 Hobbs NM City Manager 37,764 2019 Lake Lotawana MO City Administrator 2,099 2019 Norman OK City Manager 122,843 2019 Paris TX City Manager 24,800 2019 Park City KS City Administrator 10,499 2019 Port Arthur TX City Manager 53,937 2019 Willmar MN City Administrator 19,628 2018 Addison TX City Manager 15,368 2018 Asheville NC City Manager 89,121 2. Demonstrated experience of firm and project personnel City of Clearwater, Florida Page | 15 List of relevant projects: 2016 to present Year Client State Project Population 2018 Lancaster County SC Deputy County Administrator 95,000 2018 Ashland OR City Administrator 21,636 2018 Avondale AZ City Manager 82,881 2018 Belle Plaine MN City Administrator 6,838 2018 Billings MT City Administrator 110,323 2018 Burnsville MN City Manager 61,434 2018 Pinellas County FL County Administrator 985,000 2018 Christiansburg VA Town Manager 21,533 2018 Grand Rapids MI City Manager 210,000 2018 Kingman AZ City Manager 29,029 2018 Maricopa AZ City Manager 46,903 2018 Middleburg VA Town Administrator 828 2018 Mora MN City Administrator/Public Utilities GM 3,453 2018 Salina KS City Manager 46,994 2018 Shawnee KS City Manager 64,323 2018 York PA Business Administrator 43,859 2017 Manatee County FL County Administrator 345,000 2017 Berthoud CO Town Administrator 5,807 2017 Christiansburg VA Town Manager 21,533 2017 Cloquet MN City Administrator 11,938 2017 Dickinson TX City Administrator 19,595 2017 El Dorado KS City Manager 12,852 2017 Glenview IL Village Manager 45,417 2017 Lake Havasu City AZ City Manager 53,743 2017 Littleton CO City Manager 44,275 2017 Manassas Park VA City Manager 16,149 2017 Morehead City NC City Manager 9,203 2017 Mounds View MN City Administrator 12,525 2017 Oldsmar FL City Manager 13,913 2017 Orono MN City Administrator 8,009 2017 Riviera Beach FL City Manager 33,263 2017 Rochester MN City Manager 110,742 2017 Township of Roxbury NJ Township Manager 23,324 2016 Brooklyn Center MN Deputy City Manager 31,006 2016 Cary NC Town Manager 151,088 2016 Charter Township of Kalamazoo MI Township Manager 20,918 2016 Christiansburg VA Town Manager 21,533 2016 Circle Pines MN City Administrator 4,953 2016 Commerce TX City Manager 8,276 2016 Crested Butte CO Town Manager 1,519 2. Demonstrated experience of firm and project personnel City of Clearwater, Florida Page | 16 List of relevant projects: 2016 to present Year Client State Project Population 2016 Deerfield Beach FL Assistant City Manager 78,041 2016 Denton TX City Manager 123,099 2016 Dumfries VA Town Manager 5,168 2016 Fredericksburg VA City Manager 28,132 2016 Greensboro NC Assistant City Manager 279,639 2016 Hayden CO Town Manager 1,801 2016 Jersey Village TX City Manager 7,862 2016 Mankato MN Deputy City Manager 40,641 2016 Medford OR City Manager 77,677 2016 Mooresville NC Town Manager 34,887 2016 Moorhead MN City Manager 39,398 2016 Moose Lake MN City Administrator 2,787 2016 North Branch MN City Administrator 10,087 2016 Roswell NM City Manager 48,611 2016 Shakopee MN Assistant City Administrator 39,167 2016 Virginia MN City Administrator 8,661 2016 Warsaw VA Town Manager 1,498 2016 Wayzata MN City Manager 4,217 c. Organization of project team The project team will be led by Art Davis with the support of Jenelle McDonald, located in Baker Tilly’s Plano, Texas offices. The estimated hours required to successfully complete this project are included in Section 5 – Cost of Consulting Services. The proposed fee is a not-to-exceed amount for the client, and assistance from other consultants and support staff on the team will be utilized as needed to ensure a successful recruitment process for the City of Clearwater. Project team leader Art Davis, Director T: +1 (816) 868 7042 E: art.davis@bakertilly.com Additional project team members Chuck Rohre, Firm Director T: +1 (214) 466 2436 E: chuck.rohre@bakertilly.com Patricia Heminover, Director T: +1 (651) 223 3058 E: patty.heminover@bakertilly.com Sharon Klumpp, Director T: +1 (651) 223 3053 E: sharon.klumpp@bakertilly.com Our engagement team has completed more than 100 successful city administration searches since 2015. 2. Demonstrated experience of firm and project personnel City of Clearwater, Florida Page | 17 Edward G. Williams, Ph.D., Director T: +1 (214) 842 6478 E: edward.williams@bakertilly.com Anne Lewis, Director T: +1 (703) 923 8214 E: anne.lewis@bakertilly.com Cecilia Hernández, Senior Recruitment Analyst T: +1 (214) 736 1606 E: cecilia.hernandez@bakertilly.com Jenelle McDonald, Senior Recruitment Analyst T: +1 (214) 466 2445 E: jenelle.mcdonald@bakertilly.com d. Anticipated support from the City of Clearwater Baker Tilly requests a commitment by the Mayor and City Council to meet with the recruitment project team leader during the initial and subsequent visits. Baker Tilly would request that the City designate a staff member to serve as our primary point of contact throughout the recruitment. We will ask this person to provide requested information, arrange meetings and serve as the point of contact for progress reporting, provide information needed for each recruitment, such as salary and benefits information, and respond to questions as needed. Also, as part of the interview process, we recommend that department heads be available to meet with finalists and that key personnel be available to assist in providing a tour of the community. The City would be responsible for organizing on-site interview process, but always with best practice suggestions provided by the recruitment project team leader, if requested. As identified in Section 5 - Cost of Consulting Services the City would be responsible for all travel related expenses incurred by candidates for on-site interviews and would not be the responsibility of Baker Tilly and should be handled directly by the City. This recruitment process is considered a turn-key process to identify qualified and outstanding City Manager candidates for the City of Clearwater. Any other responsibilities relating to both Baker Tilly and the City of Clearwater, such as submittal of invoices, payment terms and all other anticipated interactions are detailed in various sections of this Proposal. City of Clearwater, Florida Page | 18 3. Project methodology, approach and timeline a. Approach to performing the contracted work The recruitment will be national and inclusive in nature, with a candidate pool of diverse, experienced and talented individuals. Recruitment solutions during the Covid-19 Pandemic In response to the COVID-19 Pandemic, the Baker Tilly executive recruitment team leader will work closely with the Clearwater designated point of contact to develop alternative methods to complete all aspects of our established search processes using existing technologies and ensure the overall safety of all involved, which may include virtual or telephonic meetings, interviews, or conversations. As such, we will creatively collaborate with your organization to provide you with access to critical information you may need to make your hiring decisions. Additionally, we can utilize our capability for video conferencing during meetings, candidate interviews, etc. When the time arrives for the City Council to interview candidates, we may encourage and support the steps established or recommended by local, state or federal guidelines, public health and medical professionals, including social distancing guidelines and protocols. Baker Tilly has successfully organized several successful virtual and on-site interview processes following the prescribed social distancing protocols and best practices. As such, Art Davis is able to provide corresponding on-site support and assistance, if requested. Remote work For Baker Tilly, the safety of our people is paramount. We are committed to playing our part in containing COVID-19 by practicing responsible social distancing. As of this writing, our firm is directing all professionals work remotely. Because Clearwater expects and deserves tailored, personalized service, we recognize that this policy may cause concern. Please understand that we are prepared to deliver an exceptional service experience remotely if necessary. The City’s engagement team has various tools enabling them to assist you from any location. Baker Tilly professionals each receive their own laptop and remote access credentials to connect to our internal network from outside the office. When Baker Tilly and the City are not able to meet in person, we have web conferencing software – including Zoom, WebEx and Microsoft Teams – to quickly set up online meetings. 3. Project methodology, approach and timeline City of Clearwater, Florida Page | 19 Additionally, we use Huddle, a secure cloud collaboration software, to work together anywhere, anytime and on any device. Huddle provides a platform for the City and Baker Tilly to come together, share files, assign tasks, and track activity in a secure environment. Using Huddle as a central hub of activity means we all spend less time organizing documents, chasing approvals and searching through email – and more time achieving tangible results. The platform also enables real-time communication, meaning the status of your engagement will always be available. We also use Microsoft Teams, which facilitates easier communication and project management. Proposed solution to meet Clearwater’s needs The recruitment will be conducted out of our Kansas City, Missouri and Plano, Texas offices. Art Davis will serve as the project team leader. Our proven process includes five major tasks: 1. Recruitment brochure development and advertising – We schedule and meet with your City’s elected officials, appointed management team members and key stakeholders, as requested, to understand your desired needs, strategic directions, overall candidate expectations and to develop a candidate profile 2. Execution of recruitment strategy and identification of quality candidates – Using the approved profile, we develop a colorful, appealing brochure and embark on a national or regional targeted recruitment campaign – Additionally, we simultaneously launch a direct applicant outreach campaign targeting eligible prospects identified via our extensive searchable applicant database – Using our proprietary applicant tracking system, we communicate and update applicants on key processes and corresponding search progress 3. Screening of applications, recommendation of semi-finalists and selection of finalists – Once we identify the most promising applicants, we ask them to complete our due diligence questionnaire and a candidate questionnaire while the project team conducts a comprehensive web and social media scan to elicit information that could be relevant to employment – These applicants also complete a recorded, one-way video interview of selected questions designed to secure a different perspective on the applicant’s overall qualifications – We provide you with a Semi-Finalists Report of the top candidates, which includes resumes, cover letters and due diligence questionnaire responses – Selected finalists complete a management and leadership style and strengths assessment (personality and behavior analysis) to provide us with important information about their styles, temperament, preference, etc. 4. Conducting background checks (criminal, civil, credit and driving record), reference checks and academic verifications – Background records checks and academic verification – References 5. Final interview process – Once your City Council identifies its top 3-5 finalists, we work with you and the finalists to coordinate all aspects of the interview process – Employment offer – assistance and feedback 3. Project methodology, approach and timeline City of Clearwater, Florida Page | 20 Recruitment approach Task I. Recruitment brochure development and advertising The development of a comprehensive recruitment brochure that includes a profile of the ideal candidate is an important first step in your recruitment process. This profile includes the required academic training, professional experience, leadership, management and personal characteristics related to the success of the candidate in the position of City Manager. The recruitment brochure will also include a profile that captures the essence of the City of Clearwater as a highly attractive venue for the successful candidate to live and work. To prepare the recruitment brochure, the project team leader will come on site to meet with the Mayor, City Council and designated staff to discuss the required background, professional experience, and management and leadership characteristics for your City Manager. We meet individually (or collectively depending upon your preference) with the Mayor and City Council to broaden our understanding of the position’s leadership and management requirements, current issues, your strategic priorities and your expectations for the City Manager. [See example of a recruitment brochure in Appendix I.] Information obtained from these meetings, coupled with our review of the job description and other City documents, is used to prepare a position and candidate profile. The completed profile will be approved by the Mayor and City Council before recruitment begins. The position and candidate profile will be central to our recruitment strategy and outreach to potential candidates. The project team will also work with the City of Clearwater to develop an advertising and marketing strategy to notify potential candidates about the vacancy and conduct an open recruitment that encourages applications from a talented and diverse pool of candidates. Our team will place ads in appropriate professional publications, websites and local print media, if required, and coordinate with City staff to include information about the search on the City’s social media platforms. Additionally, Baker Tilly has a high-traffic website which includes an exclusive location dedicated to encouraging potential candidates to upload their resumes. The aggressive advertising and marketing campaign for top talent will include national, state, regional and local elements as determined during our initial meetings with the City’s representatives. Our customized mailing list, selected from our extensive database and contacts collected at appropriate public-sector conferences, will be utilized to further promote the City Manager position. Advertisements for the City Manager position could be placed with: Baker Tilly website City of Clearwater website International City/County Management Association National Forum of Black Public Administrators Careers in Government (careersingovernment.com) Florida City/County Management Association Florida League of Cities Other neighboring state local government management associations as needed LinkedIn & other social media Baker Tilly has access to numerous contact lists, websites and listservs specific to local government managers/administrators, universities and their alumni, regional councils of government, and contact lists throughout Florida and nationwide that are focused on local government management professionals 3. Project methodology, approach and timeline City of Clearwater, Florida Page | 21 Project milestone Deliverables Timeline Position profile and recruitment brochure development − Interviews with the City − Baker Tilly receives information on the City’s budgets, organizational charts, images, logos, etc. − Develop draft documents (recruitment brochure, advertisement, marketing letter and timeline) 2 weeks Approve brochure, commence advertising and distribute marketing letter − Brochure sent to the City for final approval − Commence advertising and distribution of recruitment brochure 1 week Task II. Execution of recruitment strategy and identification of quality candidates Utilizing the information developed in Task I, Baker Tilly will identify and reach out to individuals who will be outstanding candidates for the position of City Manager. Often, well-qualified candidates are not actively seeking new employment and will not necessarily respond to an advertisement. However, if a potential candidate is presented with the opportunity directly and in the proper manner, he or she may apply. We take pride in our ability to locate highly qualified candidates across the nation based on the professional contacts and relationships we have developed and maintained over many years. These efforts will be supplemented by the creation of a customized database utilizing our extensive, interactive applicant database for the City Manager position. This will provide the Baker Tilly team with the ability to customize applicant flow and tracking, communication with applicants and conduct database inquiries for candidates based on characteristics important to the City such as geographic location, particular experience, expertise and credentials. During this part of the process the project team will work with the Mayor, City Council and designated staff to reach consensus on the leadership and management style for the ideal candidate. Our research will determine the key competencies, work values and leadership / management style for the City Manager and match the candidates to each attribute. Each candidate submitting a resume is sent a timely acknowledgement by our team, including an approximate schedule for the recruitment. Throughout the recruitment process, communications are maintained with each candidate regarding information about the recruitment progress and their status in the process. We take pride in the many complimentary comments made by candidates regarding the level of communication and the professional manner in which they are treated during our recruitments. Project milestone Deliverables Timeline Execution of recruitment strategy and candidate outreach − Online data collection and profile development − Development of interactive, searchable applicant database for recruitment of the City Manager − Baker Tilly performs direct outreach to prospective candidates identified in the recruitment strategy − Utilization of extensive applicant database to identify applications and review applicant pool for competencies/demographics 4-5 weeks Task III. Screening of applicants and recommendation of semi-finalists In Task III the project team, under the direction of Art Davis, will screen the candidates against the criteria within the position and candidate profile and develop a list of semi-finalists for recommendation to the Mayor and City Council. We will then narrow the list to 3. Project methodology, approach and timeline City of Clearwater, Florida Page | 22 a group of 8-12 semifinalists for review and select finalists on the basis of written candidate questionnaires, early due diligence information, consultant phone interviews and recorded, one-way video interviews. Another unique aspect of our recruitment process is our use of online recorded interviews for the screening process. Responses are timed and questions are not provided in advance. This tool allows our team to develop a more comprehensive understanding of each candidate’s ability to “think on their feet,” as well as their personal and professional demeanor. Our team will provide an online link for the Mayor, City Council, as well as others who have input into the hiring decision, allowing them to review and later discuss the recorded responses. This provides your organization with additional candidate assessment tools that can be customized to fit the unique needs of the City. Project milestone Deliverables Timeline Applicant screening and recommendation of semi-finalists − Baker Tilly compares applications to the approved candidate profile, developed in our searchable applicant database − Most promising applicants are asked to complete candidate questionnaires and provide due diligence information − Media, internet and social media scan for information pertinent to future employment − Top 8-12 candidates identified as semi-finalists − Semi-Finalist Report is prepared, including the brochure, master applicant list, cover letter and resume of candidates to be considered − Baker Tilly and the City review video interviews − Project team leader meets with Mayor and City Council to review recommended semi-finalists − Mayor and City Council selects finalists for on-site interviews − Finalists complete candidate management style assessment, responses are reviewed and interview questions are developed 2-3 weeks Task IV. Conducting background checks, reference checks and academic verifications When the Mayor and City Council approves of a group of finalists for on-site interviews, Baker Tilly will begin the process of conducting reference checks, background checks and academic verifications. A Confidential Reference Report is prepared for each finalist to complete our understanding of his/her management and leadership characteristics and professional work performance. Background checks will include information from the following areas: Consumer credit Bankruptcy City/county – criminal State district Superior Court – criminal City/county – civil litigation State district Superior Court – civil Judgment/tax lien Federal district - criminal Motor vehicle driving record Federal district – civil litigation Educational verification Sex offender registry 3. Project methodology, approach and timeline City of Clearwater, Florida Page | 23 To ensure that our quality standards are maintained, we require a minimum of 10-15 business days between the time that you select the finalists for on-site interviews and when we submit the candidate documentation for your final interview process. Project milestone Deliverables Timeline Design final process with City for on-site interviews with finalists − Baker Tilly confirms interviews with candidates − Travel logistics are scheduled for candidates 1-2 days Background checks, reference checks and academic verification − Baker Tilly completes background checks, reference checks and academic verifications for finalists 2-3 weeks Task V. Final interview process Upon completion of Task IV, we will work with the City Council to develop the final interview process, including the use of virtual platforms as requested. We customize the final interview process according to the needs and functions of the position and according to your preference, instructions and directives to include steps that are important to you, our client. As such, the final interview process may include meetings with the department heads, a City tour and the opportunity for a meet and greet, if requested by the City Council. In advance of the interviews, we will provide documentation on each of the finalists which will provide the highlights of their leadership/management profile (Gap Analysis) as well as a summary of the results of the reference checks, background checks and academic verifications. In addition, the Final Report will include guidelines for interviewing the candidates, suggested interview questions and a candidate assessment process for your interview panel(s). The project team leader will be available during the final interview process to answer questions about the candidates and, if requested, assist with the final evaluation of the candidates. In addition, we will assist you with the development of a compensation package and related employment considerations and assist with the negotiation of an employment agreement. Project milestone Deliverables Timeline Final Report prepared and delivered to City − Final Report is prepared; including brochure, interview schedule, cover letter, resume, candidate questionnaire, suggested interview questions, candidate assessment form and management style probing questions 1-2 days On-site interviews with finalists − Interviews are scheduled − Recruitment project team leader attends client interviews and is available to participate during deliberations of candidates 1-2 days Offer made/accepted − If requested, Baker Tilly participates in candidate employment agreement negotiations − Baker Tilly notifies candidates of decision − Baker Tilly confirms final process close out items with the City of Clearwater 1-2 days 3. Project methodology, approach and timeline City of Clearwater, Florida Page | 24 Our strategy for recruitment of diverse candidates Our corporate core values and work environment reflect our broader social aspirations for a diverse workforce, equal opportunity and cross-cultural respect. We have established strong and credible networks with minority and female leaders nationwide. In addition, we are corporate members of the National Forum for Black Public Administrators (NFBPA) and the Local Government Hispanic Network and are on their National Corporate Advisory Council. We participate in their membership events on a regular basis. To that end, we take responsibility for diversity in our organization, our recruitment strategy and our candidate pools. In this recruitment, we will use our established networks to make direct and personal contacts with prospective minority and female candidates and encourage them to consider the City of Clearwater’s City Manager position. Because of our performance record in presenting a diverse applicant pool, these prospective candidates know they will be fairly considered in the process. Baker Tilly is committed to ensuring equitable participation in our business and employment opportunities without regard to race, color, religion, sex, national origin, age, disability, veteran status, marital status or sexual orientation. As a leader in the executive recruitment industry, we take positive actions to prevent and to remedy any discriminatory effects of business and employment practices. Commitment to diversity and inclusion Diversity, inclusion and belonging is who we are rather than simply what we do. We take a holistic approach by embedding the philosophy and practices of diversity, inclusion and belonging into all aspects of our business. Baker Tilly is a member of CEO Action for Diversity & Inclusion launched on June 12, 2017 through a steering committee of CEOs focused on making D&I a business priority and conversation. It is the largest collection of business leaders openly committed to sharing successful diversity and inclusion initiatives and lessons learned. This corporate exchange provides a unified hub to share successes and challenges. As a member, we pledge to: 1. Continue to make our workplaces trusting places to have complex and sometimes difficult, conversations about diversity and inclusion. 2. Implement and expand unconscious bias education. 3. Share best—and unsuccessful—practices. Growth and Retention of Women (GROW) Baker Tilly believes that the education and advancement of women creates a more diverse and engaging culture. We believe that this makes our workplace, profession and industry stronger and better through a diverse, engaging and inclusive workplace where exceptional people thrive. 3. Project methodology, approach and timeline City of Clearwater, Florida Page | 25 Through our GROW committee, Baker Tilly provides women valuable opportunities to network, share their stories, acquire skills, strengthen professional relationships and advance in their careers. Our commitment to GROW increases the number of women in management positions, enhances the retention of women at all firm levels, creates an environment where women feel empowered, supports our advocacy of advancing women in business, helps us to share knowledge gained through this initiative with clients and creates a workforce that is reflective of our client base. Supporting Opportunity, Advancement and Recognition for All (SOAR) Baker Tilly’s diversity and inclusion initiative, SOAR, focuses on bringing team members together from different backgrounds to create a more creative, innovative and productive workforce. Simply put, diversity makes each of our professionals unique; inclusion is how that unique team collaborates to achieve common goals. SOAR focuses on ensuring all team members are supported, valued and respected regardless of ethnicity, race, gender, age, physical ability, faith, sexual orientation, education, personality, skills or life experiences. SOAR was recently named Corporate Partner of the Year by the Washington, D.C. chapter of the National Association of Black Accountants, Inc. (NABA), recognizing our significant achievements in diversity within our organizations and in the industry. 3. Project methodology, approach and timeline City of Clearwater, Florida Page | 26 b. Detailed timeline Below is an estimated timeline for the executive recruitment process. You will be asked during the first on-site meeting to review and approve a Timeline for the recruitment project. It is our intent to conduct the recruitment expeditiously, but not at the expense of finding high-quality candidates for you. City of Clearwater, Florida Executive Recruitment Preliminary Timeline The following timeline represents a preliminary schedule for your executive recruitment based on a commencement date of Thursday, April 1, 2021. Actual target dates will be developed in consultation with and approved by the Mayor and City Council. Project milestone Deliverables Target Date Profile development, advertising and candidate outreach − Baker Tilly conducts discussions to develop profile & recruitment brochure; City approves ad placement schedule − Baker Tilly sends draft recruitment brochure to the City − City returns draft brochure (with edits) − Baker Tilly commences recruitment − Online data collection begins March 30 – May 27 Applicant screening and assessment and recommendation of semi-finalists − Baker Tilly commences formal review of applications, the most promising candidates complete questionnaires − Candidates complete recorded interview online − Baker Tilly completes formal review of applications, sends selected resumes to the City for review − Candidates’ recorded interviews are presented − Baker Tilly meets with the City to recommend semi-finalists; City selects finalists for on-site interviews − Finalists complete candidate mgt. style assessment & responses reviewed, interview questions are developed May 27 – June 17 Comprehensive background check, academic verifications and reference checks completed for finalists − Baker Tilly completes reference checks / background checks/ academic verification on finalists (Min. 10–15 days to conduct backgrounds) − Baker Tilly sends documentation for finalists to the City June 18 – July 8 On-site Interviews with finalists − City conducts on-site interviews finalists July 15–16 or July 22-23 Employment offer made / accepted − City extends employment offer to selected candidate Week of July 26 City of Clearwater, Florida Page | 27 4. References Art Davis is the designated project leader for this City Manager recruitment. Feel free to contact any of the individuals listed below to verify the quality of work Baker Tilly and Mr. Davis provides to each client as part of these recently completed executive recruitment projects. City of Rockville, Maryland (Population 70,000) Name Rob DiSpirito Title City Manager Phone (727) 638 4140 Email rdispirito@rockvillemd.gov Services Successful recruitments: Deputy City Manager (current), Executive Director of Rockville Economic Development Inc. (REDI) (2018), Police Chief in 2018 Manatee County, Florida (Population 394,000) Name Cheri Coryea Title County Administrator Phone (941) 745 3717 Email Cheri.coryea@mymanatee.org Services Successful recruitments: Human Resources Director (2019), County Administrator (2018), Director of Redevelopment & Economic Opportunity (2016) Pinellas County, Florida (Population 980,000) Name Ken Welch Title Chair, Board of County Commissioners Phone (727) 204 0270 Email kwelch@co.pinellas.fl.us Services Successful recruitments: County Administrator (2018), Human Resources Director (2016) City of Grand Rapids, MI (Population 210,000) Name Anita Hitchcock Title City Attorney Phone (616) 828 3775 Email ahitchco@grand-rapids.mi.us Services Successful recruitments: City Manager (2018); Fire Chief (2016) City of Gainesville, Florida (Pop 132,249) Name Lisa Jefferson Title Human Resources Director Phone (352) 393 8750 Email JeffersonLL@cityofgainesville.org Services Successful recruitments: City Auditor (2019), Clerk to the Commission (2017) City of Oldsmar, Florida (Population 14,617) Name Eric Seidel Title Mayor Phone (813) 749 1115 Email ESeidel@myoldsmar.com Services Successful recruitment: City Manager (2017) City of Clearwater, Florida Page | 28 5. Cost of consulting services The all-inclusive professional fee to conduct the recruitment is provided below. Professional fee The all-inclusive professional fee includes the cost of professional services by the project team leader, the project support staff and all project-related expenses such as advertising, preparation of the recruitment brochure, printing, candidate background, reference and academic verification checks and travel expenses for on-site visits. Travel expenses incurred by candidates for on-site interviews with the client are not the responsibility of Baker Tilly and are handled directly by the client organization. The all-inclusive professional fee will be billed in four installments: 30% of the fee will be billed at the beginning of the recruitment; 30% at the implementation of Phase I; 30% at the implementation of Phase II; and 10% upon acceptance of an offer by the candidate. All questions regarding the professional fees and project-related expenses should be directed to Art Davis at art.davis@bakertilly.com or via phone at (816) 868 7042. Phase Description of professional services Fee Phase I Task 1 Candidate profile development/advertising/marketing (includes one day on site by lead consultant) lead consultant hourly rate – approximately 15 hours research/project management staff hourly rate – approximately 20 hours $3,300 $2,000 Task 2 Identify quality candidates lead consultant hourly rate – approximately 15 hours research/project management staff hourly rate – approximately 20 hours $3,300 $2,000 Phase II Task 3 Preliminary screening & initial report to client lead consultant hourly rate – approximately 18 hours research/project management staff hourly rate – approximately 24 hours $3,960 $2,400 Task 4 Reference checks, background checks, assessments and academic verifications lead consultant hourly rate – approximately 11 hours research/project management staff hourly rate – approximately 18 hours $2,420 $1,800 Phase III Task 5 Final process/on-site interviews with finalists (includes two days on site by lead consultant) lead consultant hourly rate – approximately 16 hours research/project management staff hourly rate – approximately 18 hours $3,520 $1,800 Conclusion Acceptance of offer by candidate TOTAL ALL-INCLUSIVE PROFESSIONAL FEE $26,500 5. Cost of consulting services City of Clearwater, Florida Page | 29 Optional services for consideration Fee At the City’s option, Baker Tilly will conduct a web-based survey to determine key community-wide issues and priorities that could be considered in the selection of a new City Manager. This survey is completed by community leaders, citizens and City employees and would alter the project timeline. $2,000 On rare occasions, Baker Tilly is asked to provide additional search services that are not included in this scope of service or to provide more than three on-site visits to the City. Additional work specifically requested by the City which is outside of the scope of this project will be invoiced at the hourly rate of $220 plus expenses. Baker Tilly will submit a written explanation of the additional services to be provided and the estimated hours that will be required prior to commencing any additional services. $220 per hour plus expenses Triple guarantee Our Triple Guarantee is defined as: 1.A commitment to remain with the recruitment assignment until you have made anappointment for the fees and tasks quoted in this proposal. If you are unable to finalizeselection from the initial group of finalists, Baker Tilly will work to identify a supplementalgroup until you find a candidate to hire. 2.Your executive recruitment is guaranteed for 12 months against termination orresignation for any reason. The replacement recruitment will be repeated with noadditional professional fee, but will include project-related expenses. Candidatesappointed from within your organization do not qualify for this guarantee. This guaranteeis subject to further limitations and restrictions of your state laws. 3.Baker Tilly will not directly solicit any candidates selected under this contract for anyother position while the candidate is employed with your organization. City of Clearwater, Florida Page | 30 6. Other forms EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Executive Recruiting Services 24 RFP #15-21 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: X We hereby take exception to RFP Terms and Conditions Sections S.13, S.14, S.25, S.26, S.29, and S.36; Detailed Specifications Section titled “Other Insurance Provisions” subsection (a); and Milestones Section 4(a). If selected, we will provide the City with a copy of our standard search engagement terms for review. Notwithstanding anything to the contrary in the RFP, should the City wish to incorporate specific language from the RFP or proceed on the basis of its own format agreement, we will require the ability to propose additional terms and negotiate mutually acceptable revisions to these sections prior to executing a final contract. 1 SML X Sample materials included in Appendices. Baker Tilly US, LLP February 11, 2021 VENDOR INFORMATION Executive Recruiting Services 25 RFP #15-21 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address:Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. Baker Tilly US, LLP 2500 Dallas Parkway, Suite 300 Plano TX 75093 (214) 608 7477 (214) 452 1165 chuck.rohre@bakertilly.com www.bakertilly.com PO Box 78975 Milwaukee WI 53278-8975 Chuck Rohre, Firm Director (214) 608 7477 (214) 452 1165 chuck.rohre@bakertilly.com Art Davis, Director (816) 333 6899 (816) 868 7042 art.davis@bakertilly.com Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ▶ Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS.Print or type. See Specific Instructions on page 3.1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶ Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) ▶ 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code Requester’s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number –– or Employer identification number – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person ▶Date ▶ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) City of Clearwater, Florida i Appendices Appendix I: sample brochure PINELLAS COUNTY, FLORIDA IS SEEKING A COUNTY ADMINISTRATOR THE COMMUNITY Pinellas County, home to some of the most beautfful beaches in the country, is a peninsula at the midpoint of the west coast of Florida, bordered by the Gulf of Mexico on the west and by Tampa Bay on the east. While it is the second smallest county in land area, it is the most densely populated county in the state with a permanent populatfon of over 970,637. More than 287,000 residents currently live in unincorporated areas that exceed more than one-third of Pinellas’ total land mass. Pinellas is well connected with regional access provided via Interstate 275, two internatfonal airports, and the largest port in Florida. There are 24 incorporated municipalitfes, including St. Petersburg, with a populatfon of 249,000+, followed by the county seat, Clearwater with nearly 110,000 residents. Although the area is a world class tourist destfnatfon, Pinellas has the second largest base of manufacturing employment in Florida and a diverse business climate with significant existfng and targeted industry clusters in aviatfon/aerospace; defense/natfonal security; medical technologies; financial services; and informatfon technology. Notable employers include: Home Shopping Network (HSN), Nielsen Media Research, Jabil Circuit, Raymond James Financial, Tech Data, Honeywell, Raytheon, Lockheed-Martfn, ConMed Linvatec, TransAmerica and Bausch & Lomb. Professional sports fans have Major League Baseball's Tampa Bay Rays, the Natfonal Football League's Tampa Bay Buccaneers, the Natfonal Hockey League's 2004 Stanley Cup Champion Tampa Bay Lightning, and the Tampa Bay Rowdies, an American professional soccer team of the United Soccer League, from which to choose. The area is also known as baseball's spring training capital and is home to the Philadelphia Phillies and Toronto Blue Jays, with nine teams training within an hour's drive. There are numerous cultural venues to attract residents and visitors to world class museums, symphony performances, Broadway shows, rock concerts, and ballet and art festfvals. The Mahaffey Theater - The Duke Energy Center for the Arts features a visual and performing arts center in St. Petersburg, and the Salvador Dali Museum is home of the largest collectfon of Dali's works outside Europe. COUNTY ORGANIZATION Pinellas County is a Charter County of the State of Florida providing a full range of government services. A variety of traditfonal municipal-type services are provided to the unincorporated areas of the County within the Municipal Services Taxing District. The Board of County Commissioners is the legislatfve body for Pinellas County. Three Commissioners are elected at large but live in specific districts; four commissioners are elected from single-member districts. The Constftutfonal Officers of the County are the Clerk of the Circuit Court, Property Appraiser, Sheriff, Supervisor of Electfons and Tax Collector. Pinellas County’s Unified Personnel System (UPS) was established in 1975 by a special act of the Florida Legislature. The UPS is composed of 11 different members or “Appointfng Authoritfes” and has over 3000 employees with more than 600 job classificatfons. The Sheriff’s Department is no longer included among the Appointfng Authoritfes. The UPS is operated by a Personnel Board consistfng of seven members, each serving a two-year term. The Director of Human Resources is appointed by and serves at the discretfon of the UPS Board. In FY2018, Pinellas County operatfons - including the Sheriff, are supported by a combined funds budget of $2.2 billion, providing a full range of traditfonal county and municipal-type services. Each Appointfng Authority oversees the management and supervision of functfons under their areas of responsibility. The Board of County Commissioners appoints a County Administrator who is responsible for management and supervision of all functfons and personnel under the Board of County Commissioners. THE COMMUNITY (CONTINUED…) Clearwater's Ruth Eckerd Hall: Richard Baumgardner Center for the Performing Arts offers a wide array of cultural actfvitfes. There are rich offerings at county and community parks including art shows, open air concerts and Clearwater's Jazz Holiday, known as one of the South's premier jazz festfvals. A host of shows and actfvitfes for all ages are available at the local community theaters, professional theaters and museums. Pinellas County is also home to the Clearwater Marine Aquarium, the Valspar PGA Championship, and the Firestone Grand Prix of St. Petersburg. Each year over 5 million overnight visitors come to enjoy the County's 35 miles of pristfne, powdery white beaches with an average of 244 sunny days annually. The County's Parks and Conservatfon Resources Department maintains over 24 parks consistfng of 4,000 acres of beaches, lakes, and natfve habitat with playgrounds, learning centers for residents and visitors alike. The area has three major golf courses and about 40 additfonal courses for year-round golf lovers. Pinellas County, rich in cultural diversity, takes great pride in celebratfng St. Petersburg’s Annual MLK Dream Big Parade and Family Fun Day, the natfon’s longest- running parade honoring Dr. Martfn Luther King, Jr. The County benefits from a unique and vibrant social fabric that embraces the values of diversity and inclusion evidenced by a growing Hispanic populatfon in Clearwater, the highest percentage of Greek Americans for any city in the United States living in Tarpon Springs, and the popularity of the LGBT sponsored St. Pete Pride Parade held to celebrate the power and beauty of diversity, with more than 200,000 attending each June. The County offers quality public schools, governed by an elected school board and appointed superintendent, with a broad variety of educatfonal optfons including magnet programs, educatfonal gifted programs, alternatfve schools, exceptfonal schools, and workforce development programs. In additfon, there are a number of private and parochial schools in the area. Post-secondary educatfon opportunitfes in the area include the University of South Florida, with campuses in Tampa and St. Petersburg, Eckerd College, and St. Petersburg College. Stetson University's College of Law is located in Gulfport, and Pinellas Technical College with campuses in St. Petersburg and Clearwater, provides students with informatfon technology, robotfcs/computer- aided technology and other vocatfonal training programs. VISION  To Be the Standard for Public Service in America.  To achieve our vision we place the highest importance on: • Quality Service • Respectiul Engagement • Responsible Resource Management MISSION Pinellas County Government is committed to progressive public policy, superior public service, courteous public contact, judicious exercise of authority, and responsible management of public resources to meet the needs and concerns of our citizens today and tomorrow. PINELLAS COUNTY STRATEGIC PLAN GOALS  Deliver First Class Services to the Public and Our Customers  Ensure Public Health, Safety, and Welfare  Practfce Superior Environmental Stewardship  Foster Contfnual Economic Growth and Vitality  Create a Quality Workforce in a Positfve, Supportfve Organizatfon PRIORITIES AND CHALLENGES The following list is representatfve of the challenges and prioritfes the new County Administrator will need to address within the first twelve to eighteen months on the job. This list was compiled after discussions with the Board of County Commissioners.  Contfnue balancing the budget and achieving sustainability while maintaining the highest quality services  Implement $1.1 billion voter approved infrastructure improvements – Penny for Pinellas  Support regional transportatfon projects  Contfnue improving relatfons with Pinellas County’s many public and private partners  Facilitate contfnued assessment and implementatfon of affordable housing optfons  Create work environment that encourages employee development, retentfon, and opportunitfes for advancement  Renegotfate and implement electrical purchased power agreement with Duke Energy  Facilitate regional conversatfons about water, transportatfon and other partnerships  Contfnue seeking input from citfzens using a multftude of methods such as town hall meetfngs, social media alerts and surveys, etc. COUNTY ADMINISTRATOR POSITION The County Administrator is responsible for managing the administratfon and operatfon of all functfonal areas and administratfve divisions under the Pinellas County Board of County Commissioners and is directly responsible for over 2000 County employees. The County Administrator is also responsible for preparatfon of the County’s overall budget, as well as for monitoring and tracking expenditures throughout the fiscal year. The County Administrator is appointed by a majority vote of the Board of County Commissioners. The functfonal areas and services that fall under the responsibility of the County Administrator include a variety of internal services such as Purchasing, Office of Technology and Innovatfon, Budget, Fleet and Risk Management. Other County Departments include Emergency Management, Real Estate, Marketfng and Communicatfons, Human Services, Animal Services, Emergency Medical Services, Regional 9-1-1, Conventfon and Visitors Bureau, Airport, Building Services, Code Enforcement, Planning, Economic Development, Development Review Services, Parks & Conservatfon Resources, Public Works, Solid Waste, and Utflitfes. CANDIDATE PROFILE The following list reflects the leadership, management style and personal characteristfcs desired in the ideal candidate:  A record of exceptfonal leadership based on experience and knowledge  Unquestfoned personal and professional ethics  An ability to effectfvely communicate with the Board of County Commissioners, Constftutfonal Officers, citfzens, civic and business leaders, employees, and other city and county leaders throughout the region  Experience managing a growing community and in negotfatfng successfully on behalf of the Board of County Commissioners with other citfes, developers, attorneys, business owners, vendors, and other government and nonprofit agencies  Knowledge and experience working with economic development policies, public incentfves and other tools  Outstanding interpersonal skills and a willingness to listen to other points of view without being offended  Ability to engage in frank and respectiul discussions with members of the Board of County Commissioners and all stakeholders and employees  Patfence, good instfncts, excellent judgement, and the ability to say “no” when necessary  A collaboratfve management approach which respects community and organizatfonal traditfons, while at the same tfme, moves the organizatfon forward in a positfve directfon  Empower and inspire employees to seek contfnuous improvement  Be receptfve to and embrace new technologies in an effort to promote innovatfon throughout the organizatfon  Ability to remain neutral even in politfcally-charged situatfons  Possess the capacity to build a strong and cohesive workforce, constantly seeking input to improve the organizatfon  Believes in and practfces transparency  Utflizes humor in an appropriate manner and conducts their work with humility  Approaches every initfatfve and project in a collaboratfve manner and conducts their work exhibitfng the highest levels of integrity ensuring the long-term success for the Pinellas County organizatfon, community, and Tampa Bay region 14285 Midway Road, Suite 340 Phone: 972-481-1950 Addison, TX 75001 Fax: 972-481-1951 Springsted 380 Jackson Street, Suite 300 Phone: 651-223-3000 Saint Paul, MN 55101 Fax: 651-223-3002 APPLICATION AND SELECTION PROCESS Interested applicants should submit a cover letter and resume on-line at https://springsted-waters.recruitmenthome.com/ postfngs/1932. This positfon is open untfl filled; First review deadline is Friday, June 15, 2018. Applicatfons will be screened in relatfon to criteria provided in the recruitment brochure. The Board of County Commissioners will consider offering interviews to those candidates named as Finalists, with reference checks, background checks, and academic verificatfons conducted after receiving candidates’ permission. For more informatfon, please contact Art Davis at adavis@springsted.com or 816-868-7042. Pinellas County is an Equal Opportunity Employer (EOE) and values diversity at all levels of its workforce! Confidentfality: Under Florida’s Public Records Act, informatfon from your applicatfon is subject to public disclosure at any point in the recruitment process. For more informatfon about Pinellas County, visit the website at www.pinellascounty.org. The ideal candidate will possess a bachelor's degree in public or business administratfon, management, government, or a related field, and 7 years of progressively responsible experience in municipal or county government, or an equivalent combinatfon of educatfon, training, and/or experience. A masters’ degree in public or business administratfon, or a related field is desired. Working for a similar sized municipal or county organizatfon, or an organizatfon of similar complexity, in an executfve and management capacity is important and will be an advantage. A strong background in municipal budgetfng, finance, and strategic planning is important. QUALIFICATIONS AND EXPERIENCE COMPENSATION A competftfve startfng salary based on the successful candidate’s qualificatfons and experience will be offered, with the range extending from $212,000 to $275,000 (Florida does not have a state income tax). Pinellas County offers a comprehensive and outstanding array of employee benefits. The County partfcipates in the Florida Retfrement System (FRS). The County provides a competftfve retfrement contributfon with the employees' contributfon set at 3% of gross salary. The County also offers an optfonal deferred compensatfon (IRS Sectfon 457) plan, and provides Life Insurance, Short-Term Disability, Long-Term Disability, Group Health (choice of PPO or an HSA plan with employer account contributfons), Prescriptfon Drug Plan, Employee Assistance Program, Vision Care Program, and a choice of Dental Care Plans, either PPO utflizing any dental provider or a dental HMO. Paid Time Off includes 9 to 11 paid holidays per year, two paid floatfng holidays, plus two paid personal days per calendar year. Annual leave is provided for vacatfon, short-term illness, medical and dental appointments and personal emergencies. Visit http://www.pinellascounty.org/hr/whatweoffer/ for Pinellas County’s comprehensive and competftfve array of employee benefits. City of Clearwater, Florida viii Appendices Appendix II: sample excerpt of TTI report Workplace Behaviors® Candidate Name The following graph is designed as a visual comparison between the position and the applicant for each behavioral factor. The highlighted area denotes the position-related score for each behavioral factor. The applicant's score is denoted by the darker red, yellow, green and blue line. The closer the applicant's score aligns to the position's score, the better the applicant will perform in the position with respect to behavior. 100 90 80 70 60 50 40 30 20 10 D 96 71 I 82 75 S 8 36 C 22 46 0 Candidate Name Job Job Range (20 point range) 16 Candidate Name Copyright © 2006-2019. Target Training International, Ltd.Baker Tilly The Success Insights® Wheel C O N D UCT ORPERSUADERP R O M O TERRELATE RSUPPOR T E RCOORDINATORANALYZER I M P LEMENTOR 1 2 3 45 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3233 34 35 36 37 38 39 40 41 42 43 44 45 46 47 4849 50 51 52 53 54 55 56 57 5859 60 Job - (13) PROMOTING PERSUADER Candidate - (12) CONDUCTING PERSUADER 17 Candidate Name Copyright © 2006-2019. Target Training International, Ltd.Baker Tilly Comparison Analysis For Consulting and Coaching Job Competencies Hierarchy Zone Range Person 1. Customer Focus 91 100 50 2. Teamwork 74 100 67 3. Interpersonal Skills 72 92 73 4. Influencing Others 86 100 68 5. Flexibility 83 100 78 6. Creativity and Innovation 66 84 62 7. Leadership 75 93 85 Primary Driving Forces Cluster Zone Range Person 1. Collaborative 35 57 6 2. Selfless 40 62 61 3. Harmonious 35 57 0 4. Receptive 22 45 29 Job Behavioral Hierarchy Zone Range Person 1. Competitive 73 100 90 2. Interaction 60 84 90 3. Versatile 54 74 100 4. Frequent Change 52 72 92 Exact match Good compatibility Fair compatibility Poor compatibility Over-focused Candidate Name Copyright © 2006-2019. Target Training International, Ltd.Baker Tilly Exhibit A 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. Contractor shall have no authority to bind the City to any third party agreements. Though the services may include Contractor’s advice and recommendations, all decisions regarding the implementation of any such advice or recommendation, including, without limitation, the decision to hire or not to hire a particular candidate, shall be the responsibility of, and made by, the City. 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 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to reasonably assist the City with the City’s obligation 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 reasonably assist the City with the City’s obligation, with respect to public records laws, 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 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. Any duly authorized state or federal regulatory body shall have 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 for the purposes of substantiating Contractor’s invoices issued hereunder. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all third party 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) Contractor’s willful misconduct or fraud in the context of services provided by Contractor personnel under this Agreement; (ii) any grossly negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) reserved. 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. d. The liability (including attorney’s fees and all other costs) of Contractor and its present or former partners, principals, agents or employees related to any claim for damages relating to the Services performed under this Agreement shall not exceed the fees paid to Contractor under this Agreement, except to the extent finally determined to have resulted from the willful misconduct or fraudulent behavior of Contractor relating to such Services. This limitation of liability is intended to apply to the full extent allowed by law, regardless of the grounds or nature of any claim asserted, including the negligence of either party. Additionally, in no event shall either party be liable for any lost profits, lost business opportunity, lost data, consequential, special, incidental, exemplary or punitive damages, delays, interruptions or viruses arising out of or related to this Agreement even if the other party has been advised of the possibility of such damages. e. The City accepts and acknowledges that any legal proceedings arising from or in conjunction with the Services provided under this Agreement must be commenced within twelve (12) months after the performance of the Services for which the action is brought, without consideration as to the time of discovery of any claim or any other statutes of limitations or repose. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement and be performed in accordance with generally accepted industry standards of care and competence. 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 the services will be consistent with the Baker Tilly Guarantee in the letter to which these terms are attached. 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. Notwithstanding the foregoing, Contractor will maintain all ownership right, title and interest to all of Contractor’s Knowledge. For purposes of this Agreement “Contractor’s Knowledge” means Contractor’s proprietary programs, modules, products, inventions, designs, data, or other information, including all copyright, patent, trademark and other intellectual property rights related thereto, that are (1) owned or developed by Contractor prior to the Effective Date of this Agreement (“Contractor’s Preexisting Knowledge”) (2) developed or obtained by Contractor after the Effective Date, that are reusable from client to client and project to project, where the City has not paid for such development; and (3) extensions, enhancements, or modifications of Contractor’s Preexisting Knowledge which do not include or incorporate the City’s confidential information. To the extent that any Contractor Knowledge is incorporated into the deliverables, Contractor grants to the City a non-exclusive, paid up, perpetual royalty-free worldwide license to use such Contractor Knowledge in connection with the deliverables, and for no other purpose without the prior written consent of Contractor. 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 Division and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Procurement Division for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. THE PARTIES EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER (WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE) IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTED WITH THIS AGREEMENT OR THE RELATIONSHIP ESTABLISHED HEREUNDER. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. S.47 CONTRACTOR ENTITY. Baker Tilly US, LLP is an independent member of Baker Tilly International. Baker Tilly International Limited is an English company. Baker Tilly International provides no professional services to clients. Each member firm is a separate and independent legal entity and each describes itself as such. Baker Tilly US, LLP is not Baker Tilly International’s agent and does not have the authority to bind Baker Tilly International or act on Baker Tilly International’s behalf. None of Baker Tilly International, Baker Tilly US, LLP, nor any of the other member firms of Baker Tilly International has any liability for each other’s acts or omissions. The name Baker Tilly and its associated logo is used under license from Baker Tilly International Limited. Exhibit B 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. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. d. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then promptly following the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFP #15-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8850 Agenda Date: 3/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Appoint three members to the Library Board with terms to expire February 28, 2025. SUMMARY: APPOINTMENT WORKSHEET BOARD: Library Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required STAFF LIAISON: Library Director RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Donna Dennis MEETING DATES: Quarterly PLACE: Main Library APPTS. NEEDED: 3 THE FOLLOWING ADVISORY BOARD MEMBERS HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: 1. Andrew Lorenti - 2063 Butternut Cir E., 33763 Original Appointment: 12/5/19 (was filling an unexpired term until 2/28/21) Interested in Reappointment: Yes 2. David Loyd - 1710 Brentwood Dr., 33765 Original Appointment: 4/6/17 (was serving 1st term until 2/28/21) Interested in Reappointment: No 3. Barbara Ann Murphey - 1304 Jeffords St., 33756 Original Appointment: 1/13/11 Page 1 City of Clearwater Printed on 2/26/2021 File Number: ID#21-8850 (was serving 2nd term until 2/28/21) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Timothy Promen - 309 S. Mars Ave., Apt 1, 33755 Zip codes of current members on board: 1 at 33755 1 at 33756 1 at 33759 1 at 33763 2 at 33765 1 at 33767 Page 2 City of Clearwater Printed on 2/26/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8852 Agenda Date: 3/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Appoint one member to the Community Development Board to fill an unexpired term through February 28, 2023. SUMMARY: APPOINTMENT WORKSHEET BOARD: Community Development Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Yes RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 & 1 alternate CHAIRPERSON: Michael Boutzoukas MEETING DATES: 3rd Tues., 1:00 p.m. PLACE: Main Library APPTS. NEEDED: 2 SPECIAL QUALIFICATIONS: Board shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning & land use law and real estate THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED FROM THIS BOARD AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Christopher Anuszkiewicz - 1007 Mandalay Ave., 33767 - Landscape Architect Original Appointment: 2/19/15 (was serving 2nd term until 2/28/23) Resigned: 1/12/21 THE FOLLOWING ADVISORY BOARD MEMBER IS CURRENTLY SERVING AS THE ALTERNATE MEMBER: 1. Nils Kushta - 2387 Hazelwood Ln., 33763 - Building Contractor Original Appointment: 11/05/20 (currently filling an unexpired term until 4/30/22) Page 1 City of Clearwater Printed on 2/26/2021 File Number: ID#21-8852 Alternate Member THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Brenda Dallas Griffith - 2055 Wilson Blvd., 33755 - Real Estate 2. David Jaye - 2856 Shady Oak Court, 33761 - Real Estate 3. Nils Kushta - 2387 Hazelwood Ln., 33763 - Building Contractor (Currently serving as the Alternate member) 4. Andrew Park - 3139 Hyde Park Dr., 33761 - Construction & Real Estate Zip codes of current members: 1 at 33755, 1 at 33759, 1 at 33763, 2 at 33764 and 2 at 33767 Current Categories: 1 Architect 2 Attorneys 1 Building Contractor 2 Civil Engineers 1 Real Estate Broker Note - if Mr. Kushta is appointed to fill this vacancy, a motion will be needed to appoint an individual to fill an unexpired term through April 30, 2022 as the alternate member. Page 2 City of Clearwater Printed on 2/26/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8853 Agenda Date: 3/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Reappoint John Quattrocki to the Community Development Board with a term to expire February 28, 2025. SUMMARY: APPOINTMENT WORKSHEET BOARD: Community Development Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Yes RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 & 1 alternate CHAIRPERSON: Michael Boutzoukas MEETING DATES: 3rd Tues., 1:00 p.m. PLACE: Main Library APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: Board shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning & land use law and real estate THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REAPPOINTMENT FOR A NEW TERM: 1. John Quattrocki -1353 Stewart Blvd., 33764 - Real Estate Broker Original Appointment: 9/3/15 (was serving 1st term to expire 2/28/21) (0 absences in the last year) Interested in Reappointment: Yes Zip codes of current members: 1 at 33755, 1 at 33759, 1 at 33763, 2 at 33764 and 2 at 33767 Current Categories: 1 Architect 2 Attorneys 1 Building Contractor Page 1 City of Clearwater Printed on 2/26/2021 File Number: ID#21-8853 2 Civil Engineers 1 Real Estate Broker Page 2 City of Clearwater Printed on 2/26/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9437-21 Agenda Date: 3/1/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Approve the contraction of the Clearwater Cay Community Development District and pass Ordinance 9437-21 on first reading. SUMMARY: CL Clearwater LP, a Delaware limited partnership; CL Clearwater LLC, a Delaware limited liability company, doing business in Florida as CL Tampa Clearwater LLC; CL Clearwater Owner 3 LLC, a Delaware limited liability company; CL Clearwater Owner 4 LLC, a Delaware limited liability company; CL Clearwater Owner 5 LLC, a Delaware limited liability company; and CL Clearwater Owner 6 LLC, a Delaware limited liability company, owners in Clearwater Cay Community Development District (Petitioners), a community development district established by Ordinance No. 7515-05, adopted on September 15, 2005 as amended by Ordinance 7564-05, adopted on January 19, 2006 of the City Council of Clearwater, Florida, and effective on that date (City Ordinance), have petitioned the City Council of the City of Clearwater, Florida (Council), through its Petition to Amend Clearwater Cay Community Development District (Petition), to contract by non- emergency ordinance, the boundaries of the Clearwater Cay Community Development District (District). The Petition is complete in that it meets the requirements of Section 190.046(1), Florida Statutes (2020). Appropriate city staff reviewed the application and determined it to be complete and sufficient. The costs to the City of Clearwater and government agencies from contraction of the District are nominal. There is no adverse impact on competition or employment from District contraction. The persons affected by contraction are the future landowners, present landowners, the City of Clearwater and its taxpayers, and the State of Florida. Methodology is as set forth in the Statement of Estimated Regulatory Costs (SERC) on file with the City. The SERC of the Petitioner pertaining to District contraction is complete and adequate, in that it meets the requirements of Section 120.541, Florida Statutes. Contraction of the District by this Ordinance, whose uniform general law charter is Sections 190.006 - 190.049, Florida Statutes, is subject to and not inconsistent with the Page 1 City of Clearwater Printed on 2/26/2021 File Number: 9437-21 local Comprehensive Plan of the City of Clearwater and with the State Comprehensive Plan. The area of land within the District as contracted is sufficient size, is sufficiently compact, and is sufficiently contiguous and has been developed as one functional, interrelated community. The area that is proposed to be served by the District after the contraction is amenable to separate special district government. Upon the effective date of this Ordinance. the Clearwater Cay Community Development District will cease to be duly and legally authorized to exist on the proposed Contraction Property and, as to the Contraction Property shall cease to exercise any of its general and special powers in accordance with, and as granted by, its uniform community development district charter as provided in Sections 190.006- 190.049, Florida Statutes. All notice requirements of law were met and complete notice was timely given. APPROPRIATION CODE AND AMOUNT: N/A Page 2 City of Clearwater Printed on 2/26/2021 Ordinance 9437-21 ORDINANCE NO. 9437-21 AN ORDINANCE O F T HE CIT Y O F CL E A RW A TE R, FL O RI DA , A ME NDI NG O RDI NA NCE 7 5 1 5 -05 A S A ME NDE D B Y O RDI NA NCE 7 564 -0 5, W HI CH E ST A B LI S HE D T HE CL E A RW ATE R CA Y CO MMUNI T Y DE V EL O P ME NT DI ST RICT , B Y CONTRACTING BOUNDARIES OF THE DISTRICT; DESCRIBING THE BOUNDARIES OF THE AREA REMOVED FROM THE DISTRICT AND DESCRIBING THE EXTERNAL BOUNDARIES OF THE CONTRACTED DISTRICT; PROVIDING THAT THE CITY MAY NOT AND SHALL NOT MODIFY OR DELETE ANY PROVISION OF THE DISTRICT CHARTER SET FORTH IN SECTIONS 190.006 - 190.049, FLORIDA STATUTES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, CL Clearwater LP, a Delaware limited partnership; CL Clearwater LLC, a Delaware limited liability company, doing business in Florida as CL Tampa Clearwater LLC; CL Clearwater Owner 3 LLC, a Delaware limited liability company; CL Clearwater Owner 4 LLC, a Delaware limited liability company; CL Clearwater Owner 5 LLC, a Delaware limited liability company; and CL Clearwater Owner 6 LLC, a Delaware limited liability company, (''Petitioners"), a community development district established by Ordinance No. 7515-05, adopted on September 15, 2005 as amended by Ordinance 7564-05, adopted on January 19, 2006 of the City Council of Clearwater, Florida, and effective on that date ("City Ordinance''), have petitioned the City Council of the City of Clearwater, Florida ("Council''), through its Petition to Amend Clearwater Cay Community Development District ("Petition"), to contract by non- emergency ordinance, the boundaries of the Clearwater Cay Community Development District ("District"); and WHEREAS, the Council, after proper published notice, conducted a local public, legislative and information-gathering ordinance hearing as required by law and hereby finds as follows: 1. The Petition is complete in that it meets the requirements of Section 190.046(1), Florida Statutes (2020), and all statements contained within the Petition are true and correct, 2. The appropriate staff persons of the City of Clearwater have reviewed the Petition and have found that it is complete and sufficient, 3. The costs to the City of Clearwater and government agencies from contraction of the District are nominal. There is no adverse impact on competition [GM20-0-018/264589/1] 2 Ordinance 9437-21 or employment from District contraction. The persons affected by contraction are the future landowners and present landowners within the Contracted District, the future landowners and present landowners within the Contraction Parcel, the City of Clearwater and its taxpayers, and the State of Florida. The SERC of the Petitioner pertaining to District contraction is complete and adequate, in that it meets the requirements of Section 120.541, Florida Statutes. 4. Contraction of the District by this Ordinance, whose uniform general law charter is Sections 190.006 - 190.049, Florida Statutes, is subject to and not inconsistent with the local Comprehensive Plan of the City of Clearwater and with the State Comprehensive Plan. 5. The area of land within the District as amended is part of a planned community. The Contraction Parcel is not currently anticipated to be part of the same planned community and is not being served by any services or facilities of the District. 6. The District as amended will continue to be of sufficient size and sufficiently compact and contiguous to be one functional and interrelated community. 7. The District issued capital improvement revenue bonds, the repayment of which is through special or non-ad valorem assessments levied against benefited properties within the District. 8. On October 19, 2016, the properties in the Contraction Parcel were released from any obligation related to the bonds through a Partial Release and Satisfaction of Lien. 9. Upon the effective date of this Ordinance. the Clearwater Cay Community Development District will cease to be duly and legally authorized to exist on the proposed Contraction Parcel and, as to the Contraction Parcel shall cease to exercise any of its general and special powers in accordance with, and as granted by, its uniform community development district charter as provided in Sections 190.006- 190.049, Florida Statutes. 10. All notice requirements of law were met and complete notice was timely given. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clearwater that: SECTION ONE: DISTRICT NAME. The Community Development District as herein contracted will continue to be known as the "Clearwater Cay Community [GM20-0-018/264589/1] 3 Ordinance 9437-21 Development District." SECTION TWO: AUTHORITY FOR ORDINANCE. This Ordinance is adopted pursuant to Section 190.046(1)(a) and (l)(b). Florida Statutes (2020), and other applicable provisions of law. SECTION THREE: CONTRACTION OF DISTRICT: The Clearwater Cay Community Development District as created by Ordinance No. 7515-05 as amended by Ordinance No, 7564-05, is hereby contracted to exclude the Contraction Parcel, as described in the Petition, and the new, contracted boundaries of the Clearwater Cay Community Development District (excluding the Contraction Parcel) shall be comprised of the real property described in Exhibit A attached hereto and incorporated by reference herein. The District upon the effective date of this Ordinance, shall be duly and legally authorized to exist on all of the real property described on Exhibit A and to exercise all its general and special powers, in accordance with, and as granted by, its uniform community development district charter as provided in Sections 190.006 - 190.049, Florida Statutes, without question as to the District's contraction, and its continued rights. authority and power to exercise its limited powers under law. The District shall thereafter exercise no powers as to the Contraction Property. SECTION FOUR: STATUTORY PROVISIONS CONSTITUTING THE UNIFORM CHARTER DISTRICT. The Clearwater Cay Community Development District shall continue to be governed by the provisions of Chapter 190. Florida Statutes, specifically Sections 190.006 - 190.049, Florida Statutes, which constitutes its uniform charter created by general law. SECTION FIVE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance or resolution of the City of Clearwater or other applicable law, the more restrictive shall apply. If any phase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX: EFFECTIVE DATE. This ordinance becomes effective upon filing with the Florida Secretary of State. [GM20-0-018/264589/1] 4 Ordinance 9437-21 PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk [GM20-0-018/264589/1] Ordinance 9437-21 Exhibit A LEGAL DESCRIPTION OF CONTRACTED CDD __________________ A parcel of land in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89°19'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence N01°26’21”E, along said East right of way line, a distance of 350.00 feet; thence S89°19'48”E parallel with said South line of Section 20, a distance of 175.00 feet to the Southeast comer of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01°26’21”E, along the East line of said property, a distance of 200.00 feet to the Northeast comer of said property; thence N89°19'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence N01°26'21"E, along said East right of way line, a distance of 73.79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89°19'48"E, along the South line of said property, a distance of 210.24 feet to the Southeast corner of said property; thence N01°26'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast comer of said property; thence N89°19'48”W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01°26’21”E, along said East right of way line, a distance of 361.95 feet; thence S89°26'50"E, a distance of 885.00 feet; thence S01°26'21”W, a distance of 572.00 feet; thence N89°19'48”W, a distance of 263.00 feet; thence S01°26'21”W, a distance of 246.00 feet; thence N89°19'48"W, a distance of 12.00 feet; thence S01°26'21"W, a distance of 349.37 feet to said South line of Section 20 and the North line of said Section 29; thence S89°19'48”E, along said South line and North line, a distance of 11.39 feet to Northeast corner of property conveyed in Official Records Book 10769, Page 1415 of the Public Records of Pinellas County, Florida; thence S00°27'22"E, for 43.51 feet to the Northwest corner of property conveyed in Official Records Book 13805, Page 313 of the Public Records of Pinellas County, Florida, said comer also being a point of intersection with a non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial bearing S00°27'51”E, and having a radius of 35.00 feet, a central angle of 14°51’42”, an arc length of 9.08 feet and a chord bearing S83°02’00”E, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13°43'39”, an arc length of 8.39 feet and a chord bearing S82°27'58"E, for 8.37 feet to the point of tangency; thence S89°19'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing N00°40'13"E, and having a radius of 55.50 feet, a central angle of 118°44'08", an arc length of 115.01 feet and a chord bearing N31°18'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61°56'04"E, and having a radius of 15.00 feet, a central angle of 46°10'01", an arc length of 12.09 feet and a chord bearing S51°08'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56°40'40", an arc length of 123.65 feet and a chord bearing N77°25'43"E, for 118.67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00°31'45", an arc length of 2.80 feet and a chord bearing N49°21'15”E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40°22'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40°43'39"W, and having a radius of 74.87 feet, a central angle of 02°40'04", an arc length of 3.49 feet and a [GM20-0-018/264589/1] Ordinance 9437-21 chord bearing N47°56'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34°19'10", an arc length of 140.16 feet and a chord bearing N63°45'52"E, for 138.08 feet to the point of tangency; thence N80°55'27"E, for 97.25 feet; thence N56°01'58"E, for 40.45 feet; thence N78°50'41”E, for 127.14 feet; thence S78°23'09"E, for 24.44 feet; thence S11°52'40"E, for 9.10 feet; thence N79°23'05"E, for 49.80 feet; thence N10°51'19"W, for 10.82 feet; thence N42°27'28"E, for 66.63 feet; thence N35°48'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38°08'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54°10'51”E, for 17.03 feet; thence East, for 96.27 feet; thence N55°05'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39°42'28", an arc length of 44.35 feet and a chord bearing N70°08'46”E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36°55'37", an arc length of 37.38 feet and a chord bearing N68°45'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87°13'09", an arc length of 82.20 feet and a chord bearing N43°36'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89°19'09"E, for 779.97 feet; thence S60°00'00"W, for 1333.52 feet; thence S89°19'48”E, for 209.91 feet; thence S24°54'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52°36'11"E, and having a radius of 1577.45 feet, a central angle of 13°22'27”, an arc length of 368.22 feet and a chord bearing S30°42'35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89°04'26"W, for 829.18 feet to the Southeast corner of property conveyed in Official Records Book 10769, Page 1415 of the Public Records of Pinellas County, Florida; thence N89°21'00"W, along the South line of said property, a distance of 635.75 feet to said East right of way line of U.S. Highway 19; thence N00"51'16"E, along said East right of way line, 627.67 feet to the said POINT OF BEGINNING; LESS AND EXCEPT the following described parcel: A parcel of land lying in the Southwest 1/4 of the Southwest 1/4 of Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, per Official Records Book 9527, Page 480, Public Records of Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20 and run South 89°19'48" East, 100.00 feet to the East right-of-way line of U.S. Highway 19; thence North 01°26'21" East along said East right-of-way line, 5.00 feet to the POINT OF BEGINNING; thence continue North 01°26'21" East, along said East right-of-way line, 345.00 feet; thence South 89°19'48" East, 252.55 feet; thence South 01°26'21" West, 345.00 feet; thence North 89°19'48" West, 252.55 feet to the POINT OF BEGINNING. AND FURTHER LESS AND EXCEPT the following described parcel: A PARCEL OF LAND IN SECTION 20, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 20; THENCE ALONG THE SOUTH LINE OF SAID SECTION 20, S.89°19'48"E., A DISTANCE OF 100.01 FEET, TO THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19; THENCE N.01°26'21"E., ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 5.00 FEET; THENCE S.89°19'48"E., ALONG A LINE THAT IS 5.00 FEET NORTH OF AND PARALLEL WITH SAID SOUTH LINE OF SECTION 20, A DISTANCE OF 252.55 FEET, TO THE SOUTHEAST CORNER OF PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 9527, PAGE 480 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND THE [GM20-0-018/264589/1] Ordinance 9437-21 POINT OF BEGINNING; THENCE N.01°26'21"E., ALONG THE EAST LINE OF SAID PROPERTY, A DISTANCE OF 345.00 FEET, TO THE NORTHEAST CORNER OF SAID PROPERTY; THENCE N.89°19'48"W., ALONG THE NORTH LINE OF SAID PROPERTY, A DISTANCE OF 77.55 FEET, TO THE SOUTHEAST CORNER OF PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 13955, PAGE 418 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N.01°26'21"E., ALONG THE EAST LINE OF SAID PROPERTY, A DISTANCE OF 200.00 FEET, TO THE NORTHEAST CORNER OF SAID PROPERTY; THENCE N.89°19'48"W., ALONG THE NORTH LINE OF SAID PROPERTY, A DISTANCE OF 175.00 FEET, TO SAID EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19; THENCE N.01°26'21"E., ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 73.79 FEET, TO THE SOUTHWEST CORNER OF PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 13618, PAGE 2304 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S.89°19'48"E., ALONG THE SOUTH LINE OF SAID PROPERTY, A DISTANCE OF 210.24 FEET, TO THE SOUTHEAST CORNER OF SAID PROPERTY; THENCE N.01°26'21"E., ALONG THE EAST LINE OF SAID PROPERTY, A DISTANCE OF 179.82 FEET, TO THE NORTHEAST CORNER OF SAID PROPERTY; THENCE N.89°19'48"W., ALONG THE NORTH LINE OF SAID PROPERTY, A DISTANCE OF 210.24 FEET, TO THE NORTHWEST CORNER OF SAID PROPERTY, SAME BEING A POINT ON THE SAID EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19; THENCE N.01°26'21"E., ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 361.95 FEET, TO THE SOUTHWEST CORNER OF PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 9842, PAGE 1005 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S.89°26'50"E., ALONG SAID SOUTH LINE AND THE EASTERLY EXTENSION THEREOF, A DISTANCE OF 885.02 FEET, TO THE NORTHWEST CORNER OF THE GRAND BELLAGIO AT BAYWATCH CONDOMINIUMS, AS RECORDED IN CONDOMINIUM PLAT BOOK 129, PAGE 001 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE WESTERLY LINE OF SAID PLAT S.01°26'21"W. FOR 572.00 FEET; THENCE N.89°19'48"W. FOR 263.00 FEET; THENCE S.01°26'21"W. FOR 246.00 FEET; THENCE N.89°19'48"W. FOR 12.00 FEET; THENCE S.01°26'21"W. FOR 205.92 FEET; THENCE N.88°34'42"W., 200.38 FEET; THENCE S.01°25'18"W., 141.08 FEET; THENCE N.89°19'48"W., ALONG A LINE THAT IS 5.00 FEET NORTH OF AND PARALLEL WITH THE SAID SOUTH LINE OF SECTION 20, A DISTANCE OF 157.10 FEET, TO THE POINT OF BEGINNING. Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community Subject Area Future Land Use (CG) Commercial General (P) Preservation (RL) Residential Low (RM) Residential Medium (T/U) Transportation/Utility (US 19-C) US 19 Corridor (US 19-NC) US 19 Neighborhood Center (WATER) Water Exhibit 5 - Future Land Use ¹Map not to scale 1 inch equals 625 feet¹ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8896 Agenda Date: 3/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Confirm COVID-19 Emergency Proclamation and adopt Resolution 21-11. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/26/2021 Resolution No. 21-11 RESOLUTION NO. 21-11 CONFIRMATION OF COVID-19 EMERGENCY PROCLAMATION – Mar. 4, 2021 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 15, confirmed by City Council in Resolution 20-16 on April 16, extended 7 days by Mayor Frank Hibbard on April 22, 29, and May 6, confirmed by City Council in Resolution 20-19 on May 7, extended 7 days by Mayor Frank Hibbard on May 13 and 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 17, confirmed by City Council in Resolution 20-30 on June 18, extended 7 days by Mayor Frank Hibbard on June 24, July 1, 8, and 15, confirmed by City Council in Resolution 20-32 on July 16, extended 7 days by Mayor Frank Hibbard on July 22, 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 19, confirmed by City Council in Resolution 20-44 on August 20, extended 7 days by Mayor Frank Hibbard on August 26 and September 2, confirmed by City Council in Resolution 20-47 on September 3, extended 7 days by Mayor Frank Hibbard on September 9 and 16, confirmed by City Council in Resolution 20-51 on September 17, extended 7 days by Mayor Frank Hibbard on September 23 and 30, confirmed by City Council in Resolution 20-53 on October 14, extended 7 days by Mayor Frank Hibbard on October 21, 28, and November 4, confirmed by City Council in Resolution 20-56 on November 5, extended 7 days by Mayor Frank Hibbard on November 11 and 18, confirmed by City Council in Resolution 20-60 on November 19, extended 7 days by Mayor Frank Hibbard on November 25 and December 2, confirmed by City Council in Resolution 20-62 on December 3, extended 7 days by Mayor Frank Hibbard on December 9 and 16, confirmed by City Council in Resolution 20- 63 on December 17, extended 7 days by Mayor Frank Hibbard on December 23, 30, 2020, January 6, 13, and 20, 2021, confirmed by City Council in Resolution 21-01 on January 21, extended 7 days by Mayor Frank Hibbard on January 27 and February 3, confirmed by City Council in Resolution 21-05 on February 4, extended 7 days by Mayor Frank Hibbard on February 10 and 17, confirmed by City Council in Resolution 21-07 on February 18, and extended 7 days by Mayor Frank Hibbard on February 24 and March 3, 2021; and Resolution No. 21-11 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 widely-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 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 Resolution No. 21-11 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 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 Resolution No. 21-11 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 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 Resolution No. 21-11 WHEREAS, on August 7, 2020 Governor Ron DeSantis issued Executive Order 20- 193 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum until October 1, 2020; and WHEREAS, on August 31, 2020 Governor Ron DeSantis issued Executive Order 20-211 extending a prior executive order suspending final executions of mortgage foreclosure and eviction actions until October 1, 2020; and WHEREAS, on September 4, 2020 Governor Ron DeSantis issued Executive Order 20-213 extending the statewide state of emergency an additional 60 days; and WHEREAS, on September 10, 2020 the Florida Department of Business and Professional Regulation issued Emergency Order 2020-10 rescinding Emergency Order 2020-09, effective 12:01 a.m. Monday September 14, allowing bars to reopen at 50% capacity pursuant to the Governor’s Executive Order 20-39; and WHEREAS, on September 25, 2020 Governor Ron DeSantis issued Executive Order 20-244, titled “Phase 3; Right to Work; Business Certainty; Suspension of Fines.” The order rescinds prior restrictions on business, prohibits emergency ordinances preventing individuals from working or from operating a business, and suspends the collections of fines and penalties associated with COVID-19 against individuals; and WHEREAS, on September 30, 2020 Governor Ron DeSantis issued Executive Order 20-246 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum; and WHEREAS, on November 3, 2020 Governor Ron DeSantis issued Executive Order 20-276 extending the statewide state of emergency an additional 60 days; and WHEREAS, on November 24, 2020 Governor Ron DeSantis issued Executive Order 20-297 extending Executive Order 20-244 (Phase 3; Right to Work; Business Certainty; Suspension of Fines) for the duration of the state of emergency due to COVID- 19, set to expire January 2, 2021 unless ratified and reaffirmed before then; and WHEREAS, on December 29, 2020 Governor Ron DeSantis issued Executive Order 20-316 extending the statewide state of emergency an additional 60 days; and WHEREAS, on January 21, 2021, Pinellas County Administrator Barry Burton issued Emergency Order 21-3 regulating Outdoor Large-Scale Special Events by developing safety standards for those events with 1,000 or more attendees and requiring organizers to create a safety plan that outlines steps to protect patrons from COVID-19; and WHEREAS, as of March 4, 2021 1,712,326 Florida residents (1,744,619 total cases in Florida including non-residents), including 101,910 in Hillsborough County (including 1,336 deaths), 28,948 in Manatee County (including 503 deaths), 30,049 in Pasco County Resolution No. 21-11 (including 560 deaths), and 60,322 in Pinellas County (including 1,307 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; Section 1. The February 24, 2021 state of emergency proclamation is hereby confirmed. Section 2. The March 3, 2021 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 4th day of March, 2021. 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: 9436-21 2nd rdg Agenda Date: 3/1/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9436-21 on second reading, correcting Ordinance 9431-20, correcting a scrivener’s error in the quarter section call of the legal description in the title block only. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/26/2021 Ordinance No. 9436-21 ORDINANCE NO. 9436-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CORRECTING ORDINANCE NO. 9431-20; CORRECTING A SCRIVNER’S ERROR IN THE QUARTER SECTION CALL OF THE LEGAL DESCRIPTION IN THE TITLE BLOCK ONLY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 9431-20, vacating portions of a 15-foot drainage and utility easement and a 10-foot utility easement, as described therein, was adopted by the City Council on December 3, 2020 (attached hereto and incorporated herein as Exhibit “A”); and WHEREAS, a scrivener’s error was made in the title block of the ordinance setting forth a quarter section call as the “NW” rather than the “NE”, and it is necessary to correct said scrivener’s error; and WHEREAS, proper public notice of the corrected title has been provided by readvertisement prior to the hearing of this ordinance by City Council; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The title block attached hereto as Exhibit “B” will be deemed to replace the title block of Ordinance 9431-20 as adopted by City Council on December 3, 2020. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ____________________________ Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk EXHIBIT B AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PORTIONS OF A 15 FOOT DRAINAGE AND UTILITY EASEMENT AND A 10 FOOT DRAINAGE AND UTILITY EASEMENT DESCRIBED AS THE EAST 15’ OF THE WEST 545’ OF THE SW ¼ OF THE NE ¼ OF SECTION 17, TOWNSHIP 29 S, RANGE 16 E, LESS THE SOUTH 285’ AND THE EAST 10’ OF THE WEST 730’ OF THE SW ¼ OF THE NE ¼ OF SECTION 17, TOWNSHIP 29 S, RANGE 16 E, LESS THE SOUTH 330’, AS RECORDED IN O.R. BOOK 4082, PAGE 117 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. DAVID AVE ELIZABETH AVE 1 347 213 400 209 206 118 301 308 209 391 316 331 210 204 380 200 385 205 205 300 216 337 334 317 212 111 321 208 317 312 324 197 212 108 304 320 216 193 110 201 115 217 332 327 336 201 213 220 313 204 155 305 217 309 221 300B 300A 208B 2882345 208A AERIAL MAP Proposed Drainage and Utility Easement Vacation Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Engineering\Location Maps\David Ave\David_Ave_Easment_Vac(3).mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed 10' and 15' Drainage and Utility Easement VacationParcel Number: 17-29-16-00000-130-0900 Page: 1 of 110/20/2020Date:291BGrid #:WDMap Gen By:RBReviewed By:17-29s-16eS-T-R: 10' N.T.S.Scale: 15' Proposed Drainage and Utility Easement Vacation 1046'1000' Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8923 Agenda Date: 3/1/2021 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.1 SUBJECT/RECOMMENDATION: PSTA/Forward Pinellas Update - Vice Mayor Allbritton SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/26/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8821 Agenda Date: 3/1/2021 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.1 SUBJECT/RECOMMENDATION: Sister Cities Advisory Board 2020 Annual Report - Board Chair Michael Ballard SUMMARY: The Sister Cities Advisory Board is appointed by the City Council to make recommendations for the effective functioning of Sister Cities activities and advise the Council of Sister Cities program issues that might impact the expansion or development of the program. The board is composed of seven members: one member of the City Council, a representative of the local business community, the Pinellas School Board World Languages Coordinator, a Clearwater Sister Cities representative, a Clearwater Arts Alliance representative, a youth member 19 years old or younger, and an at-large member. Global events of the past two years have had a significant impact on program activities. In 2019, typhoon Hagibis forced the cancellation of the 60th Anniversary Delegation visit to Nagano. Further exchanges were cancelled due to COVID-19, including the 60th Anniversary Delegation visit to Clearwater and all teacher and student exchanges through 2021. Board Chair Michael Ballard is presenting a summary of the Board’s activities in 2020 as well as continued programs and developments for 2021. Page 1 City of Clearwater Printed on 2/26/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8889 Agenda Date: 3/1/2021 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.2 SUBJECT/RECOMMENDATION: Boys & Girls Club Week - Mr. Freddy Williams, CEO of the Boys and Girls Club of the Suncoast SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/26/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8911 Agenda Date: 3/1/2021 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.3 SUBJECT/RECOMMENDATION: Construction at Clearwater High School - Keith Mastorides, CHS Principal and Dr. Michael Grego, Superintendent of Pinellas County Schools SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/26/2021