AGREEMENT FOR PROFESSIONAL SERVICESAGREEMENT
FOR
PROFESSIONAL SERVICES
This AGREEMENT is made and entered into on the %''day o 2021 by and
between the City of Clearwater, Florida (CIT ) and T : CONS LTING, INC.
(CONSULTANT).
WITNESSETH:
WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional
services pertinent to such work in accordance with this Agreement; and
WHEREAS, the CONSULTANT desires to provide such professional services in accordance with
this Agreement; and
WHEREAS, in accordance with the competitive selection process described in Section 287.055 of
the Florida Statutes, the CITY selected the CONSULTANT based on Request For Qualifications
("RFQ") #37-21 and responses by the CONSULTANT to RFQ #37-21.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other good
and valuable consideration, the Parties agree that the above terms, recitals, and representations are
true and accurate and are incorporated herein by reference, and the Parties further agree as follows:
1.0 GENERAL SCOPE OF THIS AGREEMENT
The relationship of the CONSULTANT to the CITY will be that of a professional
consultant, and the CONSULTANT will provide the professional and technical services
required under this Agreement in accordance with acceptable engineering and/or
architectural practices and ethical standards.
2.0 PROFESSIONAL TECHNICAL SERVICES
2.1 It shall be the responsibility of the CONSULTANT to work with and for the CITY
to perform an array of services for the City as set forth in RFQ #37-21, Scope of
Services.
2.2 The CONSULTANT'S services under this Agreement will be provided under a
project specific Work Order(s). Each Work Order will include the services for a
single project, phase, task or assignment, and will contain a mutually agreed-upon
detailed scope of services, project goals, fee and schedule of performance in
accordance with applicable fiscal and budgetary constraints. Total compensation for
services shall not exceed $100,000 per Work Order, unless specifically authorized
by City Council.
2.3 The CONSULTANT shall maintain an adequate and competent staff of
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professionally qualified personnel available to the CITY for the purpose of rendering
the required engineering and/or consultant services hereunder and shall diligently
execute the work to meet the completion time established in the Work Orders. The
CONSULTANT shall notify the CITY by U.S. Mail addressed to the City Engineer
of any changes in company contact information, including but not limited to contact
phone, address, project manager, email addresses, etc.
2.4 The CITY reserves the right to enter into contracts with other engineering and/or
architect firms for similar services. The CONSULTANT will, when directed to do
so by the CITY, coordinate and work with other engineering and/or architectural
firms retained by the CITY.
2.5 The CITY reserves the right to remove any and all projects, phases, tasks, or
assignments related to this Agreement. The CITY further reserves the right to enter
into contracts with other engineering firms for services related to such projects,
phases, tasks, or assignments. The CONSULTANT will, when directed to do so by
the CITY, coordinate and work with other firms retained by the CITY.
3.0 PERIOD OF SERVICES
3.1 The CONSULTANT shall begin work promptly after receipt of a fully executed
Work Order, in accordance with Paragraph 2.2 above. Receipt of a fully executed
Work Order shall constitute written notice to proceed.
3.2 If the CONSULTANT'S services are delayed for reasons beyond the
CONSULTANT'S control, the time of performance shall be adjusted as appropriate.
3.3 It is the intent of the parties hereto that this Agreement continue in force for a period
not to exceed to four (4) years from date of initiation, 08/01/2021 ("Effective Date"),
subject to the provisions for termination contained herein. Assignments that are in
progress at the Termination Date shall be completed by the CONSULTANT unless
specifically terminated by the CITY. Should the CONSULTANT be in the progress
of completing work under this Agreement at the Termination Date, this Agreement
shall continue with all terms, conditions and obligations being in full force and effect
until such time as the work is completed. All provisions expressly intended to survive
termination shall do so.
4.0 INSURANCE REQUIREMENTS
4.1 Reference pages 11-13
5.0 PROFESSIONAL SERVICES/CONSULTANT'S COMPETITIVE
NEGOTIATION ACT (CCNA)
Professional Services provided under this Agreement are within the scope of the practice
of architecture, landscape architecture, professional engineering, or registered land
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surveying and mapping, as defined by the laws of the State of Florida. Provisions of
F.S. apply.
6.0 GENERAL CONSIDERATIONS
6.1 All documents including field books, drawings, specifications, calculations,
geotechnical investigation reports, etc., used in the preparation of the work shall
be supplied by the CONSULTANT and shall become the property of the CITY.
The CITY acknowledges that such documents are not intended or represented to
be suitable for use by the CITY or others for purposes other than those for which
the documents are prepared. Any reuse of these documents without written
verification or adaptation by the CONSULTANT for the specific purpose intended
will be at the CITY's sole risk without liability or legal exposure to the
CONSULTANT.
6.2 The CONSULTANT shall prepare preliminary construction cost estimates with
each design submittal to verify the proposed design is within the City project
budgets. The CONSULTANT shall prepare a final estimate of probable
construction costs, following CITY approval of the bid documents and other pre-
bid activities. The CITY hereby acknowledges that estimates of probable
construction costs cannot be guaranteed, and such estimates are not to be construed
as a promise that designed facilities will not exceed a cost limitation.
6.3 The CONSULTANT will provide expert witnesses, if required, to testify in
connection with any suit at law. A supplemental agreement will be negotiated
between the CITY and the CONSULTANT describing the services desired and
providing a basis for compensation to the CONSULTANT.
6.4 Upon the CONSULTANT'S written request, the CITY will furnish or cause to be
furnished such reports, studies, instruments, documents, and other information as
the CONSULTANT and CITY mutually deem necessary.
6.5 The CITY and the CONSULTANT each bind themselves and their successors,
legal representatives, and assigns to the other party to this Agreement and to the
partners, successors, legal representatives and assigns of each other party, in
respect to all covenants of this Agreement; and, neither the CITY nor the
CONSULTANT will assign or transfer its interest in this Agreement without
written consent of the other.
6.6 To the fullest extent permitted by law, the CONSULTANT agrees to indemnify
and hold harmless the CITY, and its officers and employees, from liabilities,
damages, losses, and costs, including, but not limited to, reasonable attorneys'
fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the CONSULTANT and other persons employed or utilized
by the CONSULTANT in the performance of this CONSULTANT under this
AGREEMENT. Notwithstanding any provision herein to the contrary, this
paragraph shall not be construed as a waiver of any immunity to which CITY is
entitled or the extent of any limitation of liability pursuant to § 768.28, Florida
Statutes. Furthermore, this provision is not intended to nor shall it be interpreted
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as limiting or in any way affecting any defense CITY may have under § 768.28,
Florida Statutes or as consent to be sued by third parties. The obligations under this
paragraph shall expressly survive termination or expiration of this Agreement.
6.7 The CONSULTANT agrees not to engage the services of any person or persons
in the employ of the CITY to an allied capacity, on either a full or part-time basis,
on the date of the signing of this Agreement, or during its term.
6.8 Key personnel assigned to CITY projects by the CONSULTANT shall not be
removed from the projects until alternate personnel acceptable to the CITY are
approved in writing by the CITY. Key personnel are identified as: Project
Manager and technical experts.
6.9 The CONSULTANT shall attach a brief status report on the projects with each
request for payment.
6.10 Unless otherwise required by law or judicial order, the CONSULTANT agrees that
it shall make no statements, press releases or other public communication
concerning this Agreement or its subject matter or otherwise disclose or permit to
be disclosed any of the data, technical processes, business affairs or other
information obtained or furnished in the conduct of work under this Agreement
without first notifying the CITY and securing its consent in writing. The
CONSULTANT also agrees that it shall not publish copyright or patent any of the
site-specific data or reports furnished for or resulting from work under this
Agreement. This does not include materials previously or concurrently developed
by the CONSULTANT for "In House" use. Only data and reports generated by
the CONSULTANT under this Agreement shall be the property of the CITY.
6.11 Public Records. The CONSULTANT will be required to comply with Section
119.0701, Florida Statutes, as may be amended from time to time, specifically to:
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092;
Rosemarie.Call(a),myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL
33755.
The CONSULTANT'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
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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:
i. The court determines that the contractor unlawfully refused to
comply with the public records request within a reasonable time;
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and
ii. At least 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.
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.
7.0 COMPENSATION
7.1 The CONSULTANT shall be compensated for services rendered under this
Agreement in accordance with the provisions of each Work Order, upon
presentation of CONSULTANT'S invoice and as provided in this Agreement.
7.2 Compensation for services shall be invoiced by the CONSULTANT and paid by
the CITY in accordance with the Florida Local Government Prompt Payment Act,
§ 218.70, Florida Statutes.
7.3 The CONSULTANT agrees to allow full and open inspection of payroll records
and expenditures in connection with hourly rate and cost-plus fixed fee work
assignments upon request of the CITY.
8.0 PROHIBITION AGAINST CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the CONSULTANT to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working for the
CONSULTANT any fee, commission, percentage, gift, or any other consideration,
contingent upon orresulting from the award or making of this Agreement.
9.0 TERMINATION FOR CAUSE
This Agreement may be terminated by either party with seven (7) days prior written
notice, in the event of substantial failure to perform in accordance with the terms hereof
by the other party through no fault of the terminating party. If this Agreement is
terminated, the CONSULTANT shall be paid in accordance with the provisions of
outstanding Work Orders for all work performed up to the date of termination.
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10.0 SUSPENSION, CANCELLATION, OR ABANDONMENT
If the project described in any Work Order is suspended, canceled, or abandoned by the
CITY, without affecting any other Work Order or this Agreement, the CONSULTANT
shall be given five (5) days prior written notice of such action and shall be compensated
for professional services provided up to the date of suspension, cancellation, or
abandonment.
10.5 This Agreement shall be administered and interpreted under the laws of the State of
Florida. The exclusive venue for any proceeding or suit in law or equity arising from or
incident to this Agreement will be in Pinellas County Florida.
11.0 TERMINATION FOR CONVENIENCE
Either the CITY or the CONSULTANT may terminate the Agreement at any time by
giving written notice to the other of such termination and specifying the effective date
of such termination at least thirty (30) days before said termination date. If the
Agreement is terminated by the CITY as provided herein, the CONSULTANT will be
paid for services rendered through the date of termination.
12.0 PUBLIC ENTITY CRIMES
Pursuant to Florida Statute § 287.132-133, the City of Clearwater, as a public entity,
may not accept any proposal from, award any contract to, or transact any business in
excess of the threshold amount provided in § 287.017, F.S., for Category Two (currently
$35,000) with any person or affiliate on the convicted vendor list for a period of 36
months from the date that person or affiliate was placed on the convicted vendor list
unless that person of affiliate has been removed from the list pursuant to § 287.133
(3)(f), F.S. By submitting a proposal, CONSULTANT is certifying that Florida Statute
287.132 and 287.133 does not restrict submission.
13.0 The CONSULTANT will be required to comply with Section 287.135, Florida Statutes,
specifically to comply with the following and execute forms as reflected on pages 16 -
17 (attached hereto and incorporated herein by reference):
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA
AND SYRIA
(a) 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 with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or engaging
in business operations in Cuba and Syria; and
(b) The vendor, company, individual, principal, subsidiary, affiliate, or owner is
eligible to participate in this solicitation and is not listed on either the Scrutinized
Companies with Activities in Sudan List, the Scrutinized Companies with
Activities in the Iran Petroleum Sector List, or engaged in business operations in
Cuba and Syria; and
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(c) Business Operations means, for purposes specifically related to Cuba or Syria,
engaging in commerce in any form in Cuba or Syria, including, but not limited to,
acquiring, developing, maintaining, owning, selling, possessing, leasing or
operating equipment, facilities, personnel, products, services, personal property,
real property, military equipment, or any other apparatus of business or commerce;
and
(d) 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 with Activities in Sudan List, the
Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engages
in business operations in Cuba and Syria.
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST
(a) 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
(b) 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
(c) "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
(d) 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.
14.0 RFQ #37-21, TERMS AND CONDITIONS
All terms and conditions as set forth in RFQ #37-21, Terms of Conditions are
incorporated by reference and hereto attached as Exhibit A Terms and Conditions.
15.0 ORDER OF PRECEDENCE
Any inconsistency in documents relating to this Agreement shall be resolved by giving
precedence in the following order: (i) this Agreement and subsequent Amendments; (ii)
RFQ #37-21, Terms and Conditions; and (iii) Work Orders.
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16.0 TERMINATION FOR LACK OF FUNDING
The CITY'S performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Clearwater City Council. In the event the
Clearwater City Council does not appropriate funds for CITY to perform its obligations
hereunder, CITY may terminate this Agreement upon thirty (30) days written notice to
CONSULTANT. CONSULTANT will be paid for all work performed to the date of
termination.
17.0 E -VERIFY
CONSULTANT and its Subcontractors shall register with and use the E -Verify system
to verify the work authorization status of all newly hired employees. CONSULTANT
will not enter into a contract with any Subcontractor unless each party to the contract
registers with and uses the E -Verify system. Subcontractor must provide
CONSULTANT with an affidavit stating that Subcontractor does not employ, contract
with, or subcontract with an unauthorized alien. CONSULTANT shall maintain a copy
of such affidavit.
The CITY may terminate this Agreement on the good faith belief that CONSULTANT
or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). If
this Agreement is terminated pursuant to Florida Statute 448.095(2)(c),
CONSULTANT may not be awarded a public contract for at least 1 year after the date
of which this Agreement was terminated. CONSULTANT is liable for any additional
costs incurred by the CITY as a result of the termination of this Agreement.
See Section 448.095, Florida Statutes (2020).
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IN WITNESS IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the date and year first above written.
Countersigned:
Frank Hibbard
Mayor
Approved as to form and
correctness:
00i/c kc&
Owen Kohler
Assistant City Attorney
THA CON
By:
Print Name: Michael D. Martindill
Title: Vice President
WITNES
By:
Print N
Title:
.li Alarcon
ice President
CITY OF CLEARWATER
By:
William B. Horne II
City Manager
ATTEST:
By:
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= � � 11(1,Ci A--- 04-1(
Rosemarie Call
City Clerk
RISK MANAGEMENT / INSURANCE REQUIREMENTS
FOR
AGREEMENTS AND CONTRACTS
STATEMENT OF PURPOSE: The City of Clearwater enters into agreements and contracts for
services and/or products with other parties.
Agreements and contracts shall contain Risk Management/Insurance terms to protect the City's
interest and to minimize its potential liabilities. Whenever applicable, the following terms shall
be included in agreements and contracts.
CITY DEFINED: The term "City" (whenever it may appear in this section) is defined to mean
the City of Clearwater itself, its Council, the Community Redevelopment Agency of the City of
Clearwater, a Florida governmental agency created pursuant to Part III, Chapter 163, Florida
Statute, its duly appointed officers, or other public bodies, officers, employees, volunteers,
representatives and agents.
OTHER PARTY DEFINED: The term "Other Party" (whenever it may appear in this section)
is defined to mean the other person or entity which is a party to this agreement or contract with the
City, any subsidiaries or affiliates, officers, employees, volunteers, representatives, agents,
contractors, and subcontractors.
HOLD HARMLESS DEFINED: The term "Hold Harmless" (whenever it may appear in this
section) is defined to mean that the Other Party shall indemnify and hold harmless the City, and
its officers, employees, from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Other Party and other persons employed or utilized by the Other Party in
the performance of this Agreement and any Work Orders issued under this Agreement.
PAYMENT ON BEHALF OF CITY DEFINED: The term "Payment on Behalf of City"
(whenever it may appear in this section) is defined to mean the Other Party agrees to pay on behalf
of the City, and to pay the cost of the City's legal defense, as may be selected by the City, for
claims or suits arising from the fault of the Other Party or other persons employed or utilized by
the Other Party in performance of the contract. Such payment on behalf of the City shall be in
addition to any and all other legal remedies available to the City and shall not be considered to be
the City's exclusive remedy.
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INSURANCE REQUIREMENTS. The CONSULTANT 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 CONSULTANT deductible or self-
insured retention and to require that it be reduced or eliminated.
Specifically the CONSULTANT 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, statutory Workers' Compensation Insurance
coverage in accordance with the laws of the State of Florida, and Employer's Liability
Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each
employee each accident, $100,000 (one hundred thousand dollars) each employee by
disease and $500,000 (five hundred thousand dollars) aggregate by disease with
benefits afforded under the laws of the State of Florida. Coverage should include
Voluntary Compensation, Jones Act, and U.S. Longshoremen's and Harbor Worker's
Act coverage where applicable. Coverage must be applicable to employees,
contractors, subcontractors, and volunteers, if any.
d. If the CONSULTANT is using its own property, or the property of the City or other
provider, in connection with the performance of its obligations under this Agreement,
then CONSULTANT's Equipment Insurance or Property Insurance on an "All
Risks" basis with replacement cost coverage for property and equipment in the care,
custody and control of others is required.
e. Professional Liability Insurance coverage appropriate for the type of business
engaged in by the CONSULTANT with minimum limits of $1,000,000 (one million
dollars) per occurrence. If a claims made form of coverage is provided, the retroactive
date of coverage shall be no later than the inception date of claims made coverage,
unless prior policy was extended indefinitely to cover prior acts. Coverage shall be
extended beyond the policy year either by a supplemental extended reporting period
(ERP) of as great a duration as available, and with no less coverage and with reinstated
aggregate limits, or by requiring that any new policy provide a retroactive date no later
than the inception date of claims made coverage.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
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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 CONSULTANT will furnish the City with a Certificate of Insurance(s)
(using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable
endorsements) evidencing all of the coverage set forth above and naming the City as
an "Additional Insured." In addition when requested in writing from the City,
CONSULTANT 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
Engineering, RFQ #37-21
P.O. Box 4748
Clearwater, FL 33758-4748
b. CONSULTANT shall provide thirty (30) days written notice of any cancellation, non-
renewal, termination, material change or reduction in coverage.
c. CONSULTANT's insurance as outlined above shall be primary and non-contributory
coverage for CONSULTANT's negligence.
d. CONSULTANT reserves the right to appoint legal counsel to provide for the
CONSULTANT's defense, for any and all claims that may arise related to Agreement,
work performed under this Agreement, or to CONSULTANT's design, equipment, or
service. CONSULTANT agrees that the City shall not be liable to reimburse
CONSULTANT for any legal fees or costs as a result of CONSULTANT providing its
defense as contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of any potential
liability to the City, and failure to request evidence of this insurance shall not be construed
as a waiver of CONSULTANT's obligation to provide the insurance coverage specified.
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PROVISION OF PAYMENT
PARKING CONSULTING OF RECORD: THA CONSULTING, INC.
BASIS FOR PAYMENT
The owner shall pay CONSULTANT and CONSULTANT agrees to accept as full compensation for its
services (as established by Work Order) compensation as computed by one of the following methods:
Method "A" — Hourly Rate —
Compensation in the form of burdened hourly rates.
Burdened (direct + indirect) Hourly Rate + Subconsultant Cost + Other Direct Costs.
Direct cost includes labor hourly rate. Indirect costs include fringe benefit rate, overhead, operating
margin and profit.
Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based on
billing rates for required labor classifications.
Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing, copying, long
distance telephone calls, etc.
Method "B" — Lump Sum —
Compensation in the form of "lump sum" for all work associated with a Work Order or task and shall be
determined by mutual agreement between the CONSULTANT and the City. The lump sum amount shall
be negotiated based upon the Work Order scope of services and approved by both the City and the
CONSULTANT.
Hourly Rates -
The estimated hourly rates below represent 2021 costs and categories. Periodic changes are
anticipated, and modifications may be made annually in writing to the City for review and
approval.
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CITY OF CLEARWATER PARKING CONSULTANT OF RECORD, RFQ #37-21
8/1/21 to 7/31/25
PARKING CONSULTANT OF RECORD: THA CONSULTING, INC.
Job Classification
Burdened Hourly Rate
Vicky Gagliano, Parking Consultant
$245
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SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH
CUBA AND SYRIA CERTIFICATION FORM
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 with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and
2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate
in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan
List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in
business operations in Cuba and Syria; and
3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in
commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing,
maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel,
products, services, personal property, real property, military equipment, or any other apparatus of
business or commerce; 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 with Activities in
Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engages
in business operations in Cuba and Syria.
STATE OFQCi!%�.
COUNTY OF `r4 -„A
Authorized Signature
Michael D. Martindill
Printed Name
Vice President
Title
THA Consulting, Inc.
Name of Entity/Corporation
The foregoing mst ent w s owle ged beforrr . on this ---z- - day of
20 2( , by /� et. -e__ (� C t7ticG4 / (name of pe spn whos 1 signature is being
notarized) as the V\Ct 1j�r<alC&A (title) ofT)L(.1 C�cS•-'frlkr ,4-,c____(name
of corporation/entity), personally ,kown nto me as descri. - : - - in , or produced a
t to L. c 4 t em "identification . s identification, and who did/did not take an
oath.
FJCP;RES
GEORGIA
July 10 2q3
/ ,
My Commission Expires:
NOTARY SEAL ABOVE
16
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM
PER SECTION III, ITEM 25, 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 o», the : i mpanies that Boycott Israel
List, or engaged in a boycott of Israel.
STATE OF CS✓Niet--'
COUNTY Or -7 -TI (-1�✓1
Authorized Signature
Michael D. Martindill
Printed Name
Vice President
Title
THA Consulting, Inc.
Name of Entity/Corporation
The foregoing instrument wa cknowledged before me on this �� day of
20 / , by f C.J- _c•. -(� • f "� AI il.�p1,- i (name ofpFrson whose sig
as the (titiew,5-rver
ture is being notarized)
(name of
corporation/entity)� personally known,stil iv&tictihreNd herein , or produced a
Gy9ti C_vi (Cr ti, . (typ`' ' itj f'i a ) ide t . tion, and o t id/ - d not to = an oath.
N. U2 _ otary P II
i�r
Y yu:v � fit' !S" .'iii r.6
1.% �,�'• Tt�?l' ° ,,•``Printed N. e
My Commission Expires:
NOTARY SEAL ABOVE
17
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)(c).
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.
STATE OF 6'2 01,1 C1-,
COUNTY OF
Authorized Signature
Michael D. Martindill
Printed Name
Vice President
Title
THA Consulting, Inc.
Name of Entity/Corporation
The foregAng instru n ent was acknowledged before me by means of
this 25) day of
signature isbeing
+t CoAS,J1-,,��5
, 20R, b CJC.t.c&Q
notarized), ``" ''�`"' `S
,,qq •, VtG2
`{G� n„tt1Yte�$� j-ation/
f1
(type okid i tion las?dent
• , 92 23 _
printed
���afr/fiery t Iii I nittt,",�```
hysical presence or 0 online notarization on,
(name of person whose
(title) of
or produced
oath.
My Commission Expires:
NOTARY SEAL ABOV
18